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1999-03-02 CC Packet City of Southlake,Texas MEMORANDUM February 26, 1999 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 March 2, 1999. Note: For some time now we have tried to limit the number of items on your consent agenda because, although they are by definition so routine that they can be enacted with one motion, they still require your review time prior to the meeting. The items listed under the consent agenda contain more items than we would normally place on your agenda, however, items 5J - 50 should require very little review time. 1. Agenda Item No. 4B. Reports. Included in your packet is the Town Square Status Report prepared by Deputy Director of Public Works Ron Harper. During this item we will also update you on the progress of our state legislative efforts. If you have any questions, please contact Ron or me. 2. Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting held on February 16, continued to February 22, 1999. If you have any changes to the minutes of the regular City Council meeting please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 3. Agenda Item No. 5B. Award of bid to Sharrock Electric, Inc. for the installation of a "closed loop" signal system along F.M. 1709. As noted in the memo from Charlie Thomas, your approval of this item will complete our efforts to synchronize all existing and proposed traffic signals along F.M. 1709. Note that although we i Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 2 of 18 only received one bid, we believe it is favorable and recommend that you go ahead and award it to Sharrock. As pointed out in the staff memo, this project can be completed for approximately $95,000 below the amount estimated in our 1998-99 CIP budget. We are fortunate in that TxDOT assisted us with the cost of the needed controllers, reducing the cost of completing the closed loop system. Please let Charlie Thomas know if you have questions. 4. Agenda Item No. 5C. Award of bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. This CIP project can be constructed within the budgeted amount if it is your intention to simply award the base bid. If you wish to accept both alternates (replacing mailboxes and petromat) the total cost of the project, including engineering, would exceed the budgeted amount by $12,490.70. Should you choose to accept the bid and both alternatives, we would propose funding the additional items by re- allocating funds left over from previously approved projects which came in under the budget estimate, such as the signal project. This project generated much discussion in the neighborhood, as the memo from Bob Whitehead discusses. Note particularly the discussion of street lights. We have been urged by Mike McKean (spokesman for the area) to install ornamental street lights along the road (his preference was light fixtures similar to those planned for Town Square). This plan would require a policy decision on your part, since his proposal of having the City bear the expense of the lighting would set a precedent that would likely be of interest to other neighborhoods. Before bringing this to you, however, we initiated a survey of the resident along Lake Drive to determine their receptiveness to the lighting (we have experienced that some residents in Southlake believe less lighting is better). As Bob points out, we have come to an agreement .,- with the neighborhood to "try out" two cobra head lights placed on existing Tri Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 3 of 18 County poles, to be installed the week of March 1". (Note: the cobra-head lights are the type used within the Dove Estates subdivision, which Lake Drive borders.) As a final note, the project will be built as an 18' road per your direction. Recall also that you lowered the speed limit on Lake Drive to 25mph to ensure safety with the smaller width. Contact Bob Whitehead with questions. 5. Agenda Item No. 5D. Approval of Change Order No. 1 with J.L. Bertram for Southlake Park Road. As the memo from Bob Whitehead describes, Southlake Park Road was the only roadway in this neighborhood not addressed under previous contracts. Essentially, we have taken the project funds as far as we could to improve the roadways in the area. You will recall our discussions with you at your November 17, 1998 meeting, during which we agreed to bring back a change order to address Southlake Park Road. Your approval of this change order at $28,479.75 would provide us the authority to use the remaining Ridgecrest funds for the Southlake Park Road project, but would also require re-allocation of other CIP funds in the amount of $15,064.31. These funds could also be covered by re-allocating funds "left over" from projects that came in under the budget estimates, such as the signal project, (e.g., item 5B on this agenda). Please let Bob know if you have questions on this item. 6. Agenda Item No. 5E Authorizing the Mayor to enter into an amended residential developer agreement for Timarron Village "H," Huntly Manor, Phase II. This amended agreement has been brought forward for your consideration in order to accommodate Park Board credits granted on this project subsequent to your approval of the developer agreement on February 2. The memo from Charlie Thomas provides the details of the credits granted for trails, open space, and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 4 of 18 benches. Questions about the Park Board's action on this issue should be directed to Kevin Hugman. 7. Agenda Item No. 5F. Authorize the Mayor to enter into residential developer agreement for the Trailhead Addition. This is a standard developer agreement, which incorporates a park fee of $27,000, as approved by the Park Board. Again, Kevin can answer questions about the Park Board's action on this item. 8. Agenda Item No. 5G. Authorize the Mayor to enter into an agreement between Safety-Kleen, Inc. and the City of Southlake for the collection and disposal of household hazardous waste. Thanks to Garland Wilson, we are bringing this item to you which will provide the much needed service to our residents, without the legal headaches we have experienced with other alternatives (e.g., City of Fort Worth program). This contract would provide for two collection events during the year, coordinated and staffed by Safety Kleen. You will recall budgeting for this service ($10,000). The contract with Safety Kleen calls for $95/hour plus $395.00 per 55 gallon drum of collected waste. We are planning for the first event to be a 10 hour program, and we expect to be inundated with materials since we have never offered this service before. The first event will be a learning experience for us, no doubt, and will help us determine how to approach subsequent events. (Note that the contract in your packet does not include the addendums referenced. These are being finalized and will be ready by Tuesday. 9. Agenda Item No. 5H. Change Order No. 1 to American Tennis Court contractors for change in surface materials for tennis courts at Bicentennial Park. SPDC approved this item at its February 22 meeting. The memo from Kevin Hugman Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 5 of 18 details the advantages of taking this approach with the surface. Let him know of any questions you have. 10. Agenda Item No. 5I. Authorize the Mayor to enter into a Professional Services Agreement with Landata Geo Services for the orthophotography and topographic mapping services for the Drainage Master Plan. We discussed this service with you in December and are now ready to move forward with the contract. Aerial photography, as pointed out in the memo from Bob Whitehead, has many useful purposes for us, including planning and engineering. Note that the low quote of $107,405 is well below the $200,000 budgeted amount. Please let Bob know if you have questions. 11. Agenda Item No. 5J. Resolution No. 99-06, recognizing the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, and appointing Mocha to the position of Arson Canine. This unique proposal would allow us to take advantage of the "talents" of a well-trained canine to assist us with arson investigation, location of persons in an emergency situation, etc. There is minimal cost to the City for care of the canine. This item provides for your official sanction of the use of a canine in Fire Services, and the appointment of Mocha to the position of arson canine officer. In order to provide liability protection, the appointment of the canine officer is handled just as appointments to the Police and Fire Reserves. The appointment will be reflected in the minutes following approval by City Council. Note that Mocha will be our first female canine officer!! 12. Agenda Item No. 5K. Appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety, Police Services Division. This item is being brought forward to you in accordance with Chapter 15 of the Southlake City Code which allows the Director of Public Safety to appoint qualified Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 6 of 18 applicants to the Reserve Force, subject to the approval of City Council. Currently, DPS has two volunteers working in this capacity. Your appointment of Mr. Riggs will bring our current total reserve strength to three members. Recall that one reserve officer, Police Sergeant Richard Anderson, has over 15 years of service with the City of Southlake. 13. Agenda Item No. 5L. Resolution No. 99-15, Rescheduling the March 16, 1999 regular City Council meeting to March 23, 1999. This item has been placed on your agenda to effect the movement of your March 16 meeting to March 23 to avoid scheduling problems related to spring break. (All school districts within Southlake are out during this week). (*MW Youwill 0 1 recall that Proposition Two on the May 2, 1998 Charter election ballot, approved by voters 1591/828, amended Section 2.09 of the Charter to authorize City Council to cancel or reschedule the date of a regular City Council meeting by posting a 72-hour notice. Your approval of this item will provide for rescheduling the meeting with proper posting. Note that the March 23 meeting will be primarily dedicated to the mid-year review. Please let me know your thoughts on this issue. 14. Agenda Item No. 5M. Resolution No. 99-14, Calling bond election for May 1, 1999. As noted in the memo from City Secretary Sandra LeGrand, the attached Resolution No. 99-14 will call the bond election for our traffic management improvements, design enhancements for the SH 114 project, and the hike and bike trails. As we discussed with City Council in our meeting this week, the ballot will have three propositions: $17,300,000 for street intersection improvements; $2,150,000 for the enhancements to the SH 114 interchanges; $4,730,000 for hike and bike trails. The wording on the resolution for the propositions is drafted to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 7 of 18 meet the statutory requirements. Please let me know if you have any questions prior to the meeting. 15. Agenda Item No. 5N. Resolution No. 98-68-A, Clarifying the terms of office for the Joint Drug and Alcohol Awareness Committee, and amending the appointments for sub-committee members. As noted in the memo from Shelli Siemer, this item is being forwarded to you at the recommendation of the Drug & Alcohol Committee. Shelli's memo discusses the Committee's recommendations on subcommittee appointments. In short, they want to make these appointments, which makes perfect sense. They will undoubtedly be on top of what is needed at the subcommittee level. Your approval of this item will also assign terms to each of the positions. Please let Shelli or Councilmembers Edmondson or Fawks know if you have questions about this resolution. 16. Agenda Item No. 50. Ordinance No. 480-306, 1st Reading, (ZA 99-005) Rezoning, "AG" to "RE" 9.996 acres, North White Chapel. The property is located on the east side of North White Chapel Boulevard approximately 370' south of East Dove Road. The applicant has submitted a single lot Plat Showing to the City for staff approval in association with the zoning change request. There are no unresolved issues regarding this item. The Planning and Zoning Commission recommended approval (7-0) on February 18, 1999. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 17. Agenda Item No. 5P. Resolution No. 99-07, Amending Fee Schedule for Park Dedication Fees. At your last meeting you determined that additional study was needed before Council acted on this item, and Council tabled the item to March 2. We have placed the item on this meeting's consent agenda to table because we are �,., not yet ready to move forward on it. No documentation has been placed in your Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 8 of 18 packet since it is a "table" item. You may want to table the item indefinitely (in other words, without a specific date attached) so that we have some flexibility regarding when we plan to bring it back to you. Please let me know if you have any questions. 18. Agenda Item No. 7A. Ordinance No. 480-303, 2nd Reading, (ZA 99-001), Rezoning "AG" to "SF-IA" 4.878 acres W. Highland Street. This property is located on the south side of West Highland Street approximately 900' east of Shady Oaks Drive. The purpose of the rezoning request is to fulfill the requirements of the Zoning Board of Adjustments approval of the property owner's variance and Special Exception Use Permit request for construction of a barn. The ZBA required that the property be appropriately zoned and platted prior to a building permit being issued. There are no unresolved issues regarding this request. (The plat will be staff review and will be processed upon approval of the zoning.) The Planning and Zoning Commission recommended approval (6-0) on February 4, 1999. The City Council approved the first reading of this item February 16, 1999 on the Consent Agenda (7-0). Feel free to contact Karen Gandy or Dennis Killough regarding this item. 19. Agenda Item No. 7B. ZA 98-145, Site Plan for Dardan Square. This item was approved on February 2, 1999 subject to the Staff Review amended (as noted in the Staff Report) with a single common driveway between the two lots. The City Council tabled this item and left the public hearing open to allow the applicant to return if an improved driveway plan with two driveways could be accommodated on their site. The plan before you proposes a full access driveway on the west approximately 149' from the east right-of-way of Lake Crest Drive, and an exit- only driveway on the east approximately 161' from the west driveway. Please note Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 ( Page 9 of 18 that since there are no changes proposed for the previously approved building, no elevations have been submitted. The changes from the previous plan are as follows: • two driveways proposed, a full access on the west and an exit only driveway on the east; • front parking area reconfigured to address driveway change; • three off-site parking spaces are proposed in the eastern rear portion of the adjacent west lot. Total number spaces (30) is the same as previous plan. Feel free to contact Dennis Killough regarding this item. 20.Agenda Item No. 7C. ZA 99-008, Site Plan for Lots 3 and 4, Block A, North Davis Business Park. The property is located east of Davis Boulevard and north of W. Continental Boulevard within the North Davis Business Park development. The existing zoning is "I-1". Site Plan approval by the City Council is required due to residential adjacency. Two one-story 16,404 sq. ft. office/warehouse buildings are proposed, one on each lot (a total of 36,808 sq. ft.). There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval (7- 0) on February 18, 1999 subject to the Site Plan Review, granting the requested parking reduction (1 space on each lot) and subject to the west driveway being moved east to align with the most westerly existing drive across the adjacent right- of-way. The plan before you shows the driveway relocated as recommended by the Commission. Feel free to contact Dennis Killough regarding this item. 21. Agenda Item No. 7D. ZA 99-009, Site Plan for Lonesome Dove Baptist Church. The property is located on the west side of Lonesome Dove Avenue, approximately, 400' north of Emerald Drive. The existing zoning on the property is "CS". The ,, "CS" zoning district normally requires a Concept Plan approval for any expansion Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 10 of 18 of a site. However, a Site Plan approval by the City Council is required due to residential adjacency. The applicant proposes adding a single story 5,996 sq. ft. fellowship and educational building and a parking lot to the existing church site. The Planning and Zoning Commission recommended approval (7-0) subject to the Site Plan Review, amended as noted in the Staff Report. The applicant has requested a waiver on the following items which cannot be addressed with this site plan approval: • 8' screening required along the north, west and south property lines; • the required all-weather surface material for an existing gravel drive which contains parallel parking spaces; • and a reduction in the number of required parking spaces over the 10% which City Council may permit. Because this is a straight zoning district and not a "S-P-1" or "S-P-2" zoning district, the City Council cannot vary these requirements. A variance from the Zoning Board of Adjustments must be received to address these items. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 22. Agenda Item No. 7E. Resolution No. 99-10, (ZA99-010), Specific Use Permit for Special Events associated with the Grand Opening of Town Square, Phase I. The zoning regulations for the Town Square require approval of an SUP for special events within the development. A schedule of the events and an events location map is included in your packet. The developer has worked closely with several City Council members, the Department of Public Safety, and other staff in the planning of the event. There are no unresolved issues regarding this request. The Planning_ and Zoning Commission recommended approval (7-0) on February 18, 1999. Feel free to contact Deputy Director of Police Services Gary Greg or Deputy Director of Public Works Ron Harper regarding this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 11 of 18 23. Agenda Item No. 7F. Ordinance No. 480-302, 2nd Reading, (ZA 98-157), Rezoning, "AG" to "SF-lA." This property is located at the northeast corner of Randol Mill Avenue and Gifford Court (private roadway easement). There are no unresolved issues regarding the zoning of this property. The Planning and Zoning Commission recommended approval (6-0) on February 4, 1999. The City Council approved the first reading of this item February 16, 1999 on the Consent Agenda (7-0). Feel free to contact Karen Gandy or Dennis Killough regarding this item. 24. Agenda Item No. 7G. ZA 98-158, Preliminary Plat for proposed Lots 1 and 2, Malik Estates Addition. This is the plat associated with the previous Item 7G (ZA98-157). The plat proposes two residential lots: the north lot having frontage on Randol Mill Avenue only, the south lot having frontage on Randol Mill Avenue and Gifford Court. The primary concerns regarding this request are related to street access. This property is located north of what is known as Gifford Court, which is an unconstructed private roadway easement. There are eight (8) individual unplatted tracts that front the easement which was intended to provide access to the tracts. This plat takes in two of the west tracts. South of and adjacent to the Gifford Court easement, there is an existing private concrete driveway, known as Enterprise Place. This private driveway was constructed within a private access easement (crossing the property of Joy Clark) for the purpose of accessing Lemke Concrete Construction, however, it is our understanding that the owners of the eight tracts use Enterprise Place for access to their property, instead of the Gifford_ Court easement. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 12 of 18 The plat proposes residential driveway access onto Randol Mill Avenue. The Subdivision Ordinance restricts residential access to arterial streets (unless no other access exists). Staff has required a common access easement extending from the north lot through the south lot accessing Gifford Court. There is also a concern regarding access to the remaining six tracts to the east. The continuance of Gifford Court would exceed the 1000' cul-de-sac length (1,750'). There is also a concern with the proximity of the existing concrete driveway (Enterprise Place), particularly problematic if the Joy Clark property is developed. Staff has spoken with Robert Lemke, owner of Lemke Concrete Construction, who built and uses the driveway (Enterprise Place). He has no opposition to the driveway being dedicated as a public right-of-way. This issue would have to be finalized through Joy Clark who is the land owner of the property which the easement crosses. It is staffs recommendation that the owners of the Gifford Court tracts negotiate dedication of the Enterprise Place easement and driveway as public right-of-way and abandon Gifford Court. These issues were not discussed with the Planning and Zoning Commission. The applicant was not present at the meeting to address the related zoning request and this plat. The Plat was denied (5-0) on January 14, 1999 due to lack of zoning on the property and the number of review comments. Feel free to contact Dennis Killough regarding this item. 25. Agenda Item No. 7H. Ordinance No. 736, 2" Reading, Creating a Department of Economic Development. As explained on 151 Reading, the ordinance will amend the Southlake City Code to provide for the separation of the Community Development Department into two separate departments: Department of Economic Development and Department of Planning. Recall that for several years we have carried out our economic development activities as an office within, first the City Manager's Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 13 of 18 Office, and then the Department of Community Development. You may recall that we discussed economic development at the June Retreat and discussed moving forward with organizational changes at mid year. However, given the current activity with corporations interested in Southlake, the wine sales issue, and other issues pertaining to economic development, I believe that we need to move forward at this time to upgrade the Economic Development activity from division status to department status, and employ a full-time Economic Development Director. The cost associated with this move (1/2 of a director's annual salary for approximately seven months) will be miniscule compared to the benefit. We will amend the budget at mid-year to reflect this additional cost. Note that, as mentioned above, this reorganization will change the name of the existing department from Community Development Department to Planning Department. This will eliminate confusion by better delineating the function of the department, i.e., current and future planning. There have been no changes since your review on Pt reading. Please let me know if you have questions or comments about this issue prior to the meeting. 26. Agenda Item No. 8A. Ordinance No. 480-301, 1" Reading, (ZA 98-149), "AG" to "S-P-1" with "O-1" uses including a personal care facility for Alzheimer's patients. This property is located on the west side of North White Chapel Boulevard approximately 240' south of Countryside Court. The primary concern of the Planning and Zoning Commission was density. The plan before the Commission proposed a total of 38 units (20 living units + 1 student apt. in Ph. I and 16 living units + 1 student apt. in Ph. II) at a density of 12.49 du/ac. The Commission recommended eighteen (18) living units and one (1) student apartment in Phase 1 ,,,, and sixteen (16) living units and one (1) conference room in Phase 2 for a total of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 14 of 18 35 units at 11.50 du/ac. The plan before you proposes a total of 36 units ( 20 living units in Ph. I and 16 living units in Ph. II with no student apt. in either phase) at a density 11.83 du/ac. The SUP requirements for a personal care facility permits a maximum of 12.0 du/ac. The Planning and Zoning Commission recommended approval (6-0) subject to the Staff Review amended as noted in the Staff Report on February 4, 1999. Feel free to contact or Dennis Killough regarding this item. 27. Agenda Item No. 8B. Ordinance No. 480-304, 1" Reading, (ZA 98-002), Rezoning, "O-1" to "SF-30." This property is located at the northwest corner of Dove and Lonesome Dove. The Planning and Zoning Commission recommended approval (4-1-1) on February 4, 1999 with Chairman Creighton dissenting feeling that "SF-1" zoning was more appropriate. Commissioner LeVrier abstained due to being within the 200' notification area. The City has received opposition letters from within the 200' notification area amountingto 20% or more. However, letters , from Mr. Hall and Mrs. Higgins were submitted and signed by Mr. Hogue who states that he has power of attorney for the two. We have asked for, but not received, written confirmation of this. Unless confirmation is received, a super majority vote by the City Council will not be required for approval. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 28. Agenda Item No. 8C. ZA 99-003, Plat Showing for proposed Lots 9 through 11, F. Throop No. 1511 Addition. This is the plat associated with the previous item. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (5-0-1) on February 4, 1999 subject to the Plat Review Summary. Commissioner LeVrier abstained due to his adjacency to the property. Feel free to contact Dennis Killough regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 15 of 18 29. Agenda Item No. 8D. Ordinance No. 737, 1" Reading, Consent to transfer of control of cable televisions stem and franchise from Marcus Cable to Paul G. Allen. The transfer agreement included with the ordinance is the result of the past four months' negotiations between the consortium of cities and Charter management. With the exception of Section 21 "Special Provisions" in the Acceptance of Terms and Conditions, the remaining sections are identical to those being considered by each city in the consortium, including Fort Worth. Section 21 includes the provision that you have been briefed on previously regarding charges for converter boxes. The provision in the agreement calls for free converter boxes for Southlake customers through the year 2001. As you know, Marcus/Charter has proposed a multiple terminal discount instead of this provision. The letter you received in your packet two weeks ago detailed their proposal. As you also recall from staff briefings early in this process, under the 1996 Telecommunications Act, we as a City, have no authority to regulate rates for the extended basic service tier, on any equipment associated with that tier. Marcus/Charter may argue that this provision is tantamount to rate regulation. Another aspect that we need to make you aware of, is the deadline for consideration of the transfer. As noted in Kevin's memo, the deadline we have been operating under since December, was an April 1, 1999 date. This was an extension of the 120-day deadline mandated by the FCC to consider a transfer of franchise and control before it is automatically approved. This deadline is now midnight, March 15, 1999. As such, you will not be able to pass the ordinance on first reading, and then deny it on second reading, since that will be past the March 15 deadline. Charter has agreed to make the provisions of the Acceptance Agreement available to any city that passes the ordinance prior to July 15, 1999. This is apparently true even if the community denies approval in the interim, as long as final action to approve is taken before the July 15 date. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 16 of 18 As such, if Council is inclined to deny this transfer, you must do so on the first reading, since the second reading of the ordinance will be after the March 15, 1999 deadline. 30. Agenda Item No. 10A. Request for sign approval for Milwaukee Joe's Ice Cream As pointed out by Ron Harper at your last meeting, Milwaukee Joe's Ice Cream has requested permission to utilize a unique sign which incorporates neon into its design. We have brought this item to you for consideration at your request. Please let Ron Harper know what questions you may have. Other Items Of Interest 31. Offsite Drainag e at Lilac and Dominion. Note the attached memo from Shawn Poe to Bob Whitehead concerning a drainage easement at 600 Dominion Drive. As the memo from Shawn points out, we have an issue with an individual property owner and the drainage easement associated with the improvements on Lilac Lane, but we think we have a solution. I have included this memo in your packet in case you receive calls. Hopefully, we will have an answer prior to the Council meeting. 32. School Crossing at Junior High School on N. White Chapel. Councilmember Fawks has mentioned to me that he has received many calls concerning the safety of children crossing White Chapel at the two crossings in front of the school. The CISD painted crosswalks, and the City installed the school crossing signs. Apparently, some motorists are not slowing down for children in the crosswalk even though section 552.003 of the Texas Transportation Code requires the operator of a vehicle to yield the right-of-way to a school crossing a roadway in a crosswalk. We are exploring the possibility (i.e., we are reviewing the Texas Manual on Honorable Mayor and Members of City Council Agenda Item Comments and Othet Items of Interest City Council Meeting March 2, 1999 Page 17 of 18 Uniform Traffic Control Devices) of placing some additional signage on the existing sign poles to remind the motorists to yield to the pedestrians. However, even if this is permitted, it may not greatly increase the safety issue for the children. Councilmember Fawks discussed with me the possibility of placing a school crossing signal light (to be actuated by the pedestrian) at some point between the two existing crosswalks, and then relocating the two existing crosswalks to the point that the signal light would be placed. Although, it would require some grading work with the bar ditches, etc., this appears on the surface to be a viable option. We will keep you posted. 33. Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Kate Barlow or Director Last if you have questions or would like additional information. Southlake Chamber of Commerce Business Expo. Staff is planning to participate in the Chamber's second annual Business Expo scheduled for Saturday, March 6, 1999, at Carroll High School from 10:00 AM to 4:00 PM. 34. Also attached to my memo: • Calendar of upcoming events • Thank you notes Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 1999 Page 18 of 18 Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Wilson, Garland, Deputy Director Fire Services, ext. 735 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, ext. 834 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\99-03-02.doc `l 1 l City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Bob Whitehead, P.E., Director of Public Works FROM: Shawn Poe, P.E., Capital Projects Coordinator SUBJECT: Lilac Offsite Drainage 600 Dominion Drive As you know, the City has entered into a contract with Whitewater Construction, Inc. to install a sanitary sewer line along Lilac Lane and reconstructing Lilac Lane thereafter. The construction plans, as designed by Cheatham & Associates, Inc., reflect replacing the culvert that crosses Lilac Lane, which is located just west of the intersection of Dominion Drive and Lilac Lane. The existing culvert under Lilac Lane, which is a corrugated metal culvert, is undersized, rusted, and dilapidated. The existing culvert will be replaced with a 6' x 2' reinforced concrete culvert. The area drainage discharges from the bar ditches along the south side of Lilac Lane and from the culvert under Lilac Lane onto the west property line of 600 Dominion Drive (there is an existing 15' drainage and utility easement along the west property line of 600 Dominion Drive). In order to effectively provide adequate drainage conveyance and eliminate potential erosion once the water discharges from the proposed box culvert, the construction plans call for several trees to be removed within an existing 15' drainage and utility easement along the west property line of 600 Dominion. At the pre-construction conference on February 15, 1999, this issue was discussed in detail with Don Kemp, who is the superintendent on the job. Due to the sensitivity of removing trees on private property within drainage easements, it was determined by myself to only remove a few trees at the outfall of the proposed box culvert to prevent potential turbulence, which causes erosion (approximately 7 trees that are a combination of Cotton Woods and Willows). It was then conveyed to Mr. Kemp to grade-to-drain downstream of the tree removal by hand (not using large equipment that might damage the surviving trees) and work around the existing trees. Mr. Kemp agreed to do as instructed. I planned to send a letter to the property owner at 600 Dominion Drive (Mr. & Mrs. Cosway) with the intent to notify the property owner that improvements were to take place on their property within a dedicated easement. This letter was not sent due to the fact that I had conversation regarding the matter with Mrs. Cosway via telephone prior to me completing the letter. Mrs. Cosway called me concerned about the tree removal. Apparently, she had discussions with a construction worker with Whitewater Construction, Inc. The construction worker had informed her that per the construction plans, the trees in the drainage easement would be removed (approximately 18 trees). The construction worker was not aware of the revision of the construction plans that took place at the pre-construction conference, for he did not attend and Mr. Kemp had not yet informed the construction worker. On February 22, 1999, I met with Ms. Cosway, Carolyn Morris, and Susie Wilson (all of whom live in The Dominion) to discuss the drainage issue. Also present were Council Member Edmondson, Mr. Kemp of Whitewater, Bob Rowley of Cheatham & Associates, and Keith Martin (Landscape Administrator). I told the residents about the proposed plans previously discussed with the contractor in the pre-construction meeting that only a few trees were planned to be removed. Ms. Edmondson suggested that the drainage be directed on the adjacent property (223 Lilac Lane) to avoid cutting down any existing trees. The east property line for 223 Lilac Lane is open pasture for a distance of about 125'. I explained to the residents that this indeed was a viable option if the homeowner of 223 Lilac Lane (Carlos Ramirez) was willing to dedicate a 15' drainage easement along the east side of the property. This would enable the city to do some minor grade work to direct the drainage along the fence line and tie into the existing drainage channel on Mr. Ramirez's property and not disturb the existing trees on Ms. Cosway's property. Currently the drainage from the culvert under Lilac Lane runs along the west side of Ms. Cosway's property line and then crosses over the property line onto Mr. Ramirez's property and then flows into a pond on Mr. Ramirez's property(see attached exhibit). I met with Mr. Ramirez on February 23, 1999 to discuss with him the possibility of him dedicating a 15"drainage easement along the east property line of his property, which will allow the city to create a drainage Swale on his property. Mr. Ramirez seemed favorable to the request, however I suggested to him that the city would have the engineer survey the area and design the necessary swale. I then suggested that we meet again following the design so that Mr. Ramirez could see on paper what is required to be improved on his property. Mr. Ramirez agreed because seeing the design on paper would help him visualize the necessary improvements and help him understand what is needed to be improved on his property. If Mr. Ramirez is not receptive to dedicating a drainage easement, there are several alternatives that can be explored and are as follows: • Install the new box culvert and allow the water to flow as it always has across Ms. Cosway's property • Install the new box culvert and remove the few trees that could cause the most severe obstruction and turbulence. • Do nothing. Keep the existing corrugated metal culvert in its degrading condition and allow the drainage to flow as it always has flowed. • Condemn the drainage easement and construct the necessary swale across Mr. Ramirez's property. It should be noted that the contractor has ordered the box culvert. The contractor plans to have the sewer line installed within three weeks and then begin the drainage improvements prior to reconstructing the roadway. Therefore, I am working diligently for a resolution to this drainage issue. The engineer has designed the Swale. I plan to meet again with Mr. Ramirez on March 1 or 2 to discuss the proposed improvements on his property. I will keep you informed on any decisions made regarding the issues at hand. Should you have any other questions, please call Shawn Poe at (817) 481-5581 extension 846. LL�15-00, o I I rr 0 I r y7 y I fit. LL o O b I L !� n _ y Lm D r AK '?J cJ rm p�^ a O O �I S 0 00 M O m rggi WV rrl- r 2 O ��(°may rAl M M tq Ste* • � I � O��O /JJ • J} I I M m n O• I p C0Apr 0I cc'' • C 0 Z' c I I n c orJ I 01< wm y �S r 1 J N 0 ((off STONE MALL 0- MIRE FENCE X E FL 7-co-0, �HEp L FL nHF OHFL rr(P <v m _77— ;o N LILAC LANE � EXISTING- � �77, I I ASPHALT PAVE►�GMT I I W W W AFL FL LEGEND I ® SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100—YEAR FLOOD ZONE A No base flood elevations determined. ZONE X ZONE AE Base flood devations determined. w ZONE AH Flood depths of 1 to 3 feet (usually areas aof ponding); base flood elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); avenge depths determined.For areas of alluvial fan flooding, LILAC velocities also determined. ZONE A99 To be protected from 100-� flood by Federal flood protection system under construction; no base elevations determined. ZONE A ZONE V Coastal flood with velocity hazard (wave action);no base flood elevations determined. LIMIT OF— DETAILED STUD' ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. ZONE X FLOODWAY AREAS IN ZONE AE OTHER FLOOD AREAS ZONE X Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100-year flood. OTHER AREAS ZONE X Areas determined to be outside 500-year floodplain. ZONE D Areas in which flood hazards are undetermined. UNDEVELOPED COASTAL BARRIERS ZONE A CITY OF SOUTHLI Identified Identified Otherwise 480612 1983 1990 Protected Areas Coastal barrier areas are normally located within or adjacent to Special ZONE X Flood Hazard Areas. Flood Boundary LIMIT OF X DETAILED STUDY Floodway Boundary ZONE X _ _ Zone D Boundary LIMIT OF _ DETAILED STUDY ZONE AE ZONE Boundary Dividing Special Flood Hazard Zones.' and Boundary )CITY OF SOUTHLAKE Dividing Areas of Different Coastal Base Flood Elevations O Within Special Flood Hazard _..., Zones. Base Flood Elevation Line; -:--513 Elevation in Feet. See Map Index for Elevation Datum. �p�----� Cross Section Line �. Base Flood Elevation in Feet At (EL 987) Where Uniform Within Zone. See Map Index for Elevation Datum. RM7 X Elevation Reference Mark- Z 0 M2 River Mile MIX CITY �F COLLEWILLE Horizontal Coordinates Based on North 97007'30". 32022'30" American Datum of 1927 (NAD-27) \LIMIT OF O Projection. )ETAILED STUDY NOTES 14P Thisl map is for use in administering the National Flood Insurance Program; o O it does not necessarily identify all areas subject to f1mcling,part)cularty from -' ZI loco drainage sources of small size, or all planim"Vic features outside Sp al Flood Hazard Areas. Coastal base flood elevations apply only landward of 0.0 NGVD.and include the'effects of wave action; these elevations may also diffet_iignificantly JOHN McU1N frofi ,those developed by the National Weather Service for hurricane eva,:Latan planning. Areas of Special Flood Hazard(101-year flood) include Zones A.AE,AH,AO. A95_V.and VE. r. ,... ,. ,., cr.ffah 1 415 Fondren Ct Southlake, TX 76092 February 3, 1999 Director Billy Campbell Southlake Department of Public Safety 667 North Carroll Avenue Southlake, TX 76092 Dear Mr. Campbell, Last Thursday night Southlake Fire/Rescue responded to a 911 call for our 21/2 year old daughter. My wife and I were so impressed with "C" Shift and the Police units that responded that we were compelled to write you a letter to let you know how much we appreciated their efforts! Their knowledge, professionalism and demeanor were outstanding! Their response time was superb! The stuffed bear my daughter received in the Rescue Unit was also a very nice touch! I don't think it's left her side since she got home from the hospital. Please extend to them our sincerest appreciation and heartfelt thanks for a job very well done! They reflect credit upon you Mr. Campbell and the Southlake Department of Public Safety. S,' er I A L M k & Jana Bogosian ,4q CARROLL JUNIOR HIGH SCHOOL ci ving Excellence In Texas February 12, 1999 Robin Ryan �ail Principal 1; Kimbroly Pool Mr. Curtis Hawk Assistant Principal City of Southlake ` Jerry Hollingsworth 1725 E. Southlake Blvd Assistant Principal Southlake TX 76092 Dear Mr. Hawk, On behalf of the students, faculty, and staff of Carroll Junior High School, we would like to thank you for participating in Career Day on January 28`h. We appreciate the time you spent preparing and presenting information about your career. Our goal was to broaden our student's knowledge base about various careers while stressing the importance of education. Your participation has contributed to that goal. We are grateful for our students to have the opportunity to learn about the information you provided. We have received numerous positive comments from students and parents. Due to your efforts, our Career Day was a complete success. Sincerely, Kay Tergerson Doris P. Kuester CJHS Counselor Career Day Organizer 800 N. White Chapel Bled. Southlake,Texas 76092 817-481-2183 Fax 817-488-8200 ,,,, Ct nofe fo ffcank o so07Ma,44e r7R4e ...for ffid b�aufy rou bring info Me world. s APR a �rols zveU ?Hwu Pons �m WR s�GCr, cH66( VH of VA#,,SP'.%& city manager's report February 26 1999 Upcoming Meetings City Council Meeting +L March 2, 1999 March 1, 1999 The following items will be addressed at the regular KSB Special Event City Council meeting on March 2, 1999 7:00 p.m. Johnson School Consent Agenda: March 2, 1999 B)Award of bid for installation of a closed loop signal system on FM 1709 C)Award of bid for improvements on Lake Drive in Dove Estates City Council D)Approval of Change Order No. 1 for Southlake Park Road 7:00 p.m. City Hall E)Amended residential developer agreement for Huntly Manor,Phase II F)Residential developer agreement for The Trailhead Addition March 3, 1999 G)Agreement with Safety-Kleen for two household hazardous waste collections SPIN Executive H)Change Order No. I for a change in tennis court surface materials I)Professional Services Agreement for orthophotography and topographic mapping 5:00 p.m. Sr. Activity Center services for the Drainage Master Plan Crime Control& Prevention J)Res.99-06,Recognizing the canine as an official DPS position and appointing 7:00 p.m. City Hall Mocha to the position of Arson Canine K)Appointment of Cavin Riggs to the position of Police Reserve March 4, 1999 L)Res.99-15 Rescheduling the March 16,regular City Council meeting to March 23 Planning &Zoning M) Res.99-14 Calling a bond election for May 1, 1999 N)Res.98-68 Clarifying the terms of office for the Drug and Alcohol Committee,and 7:00 p.m. City Hall amending the appointments for sub-committee members O)Ord.480-306 Rezoning for N.White Chapel, approx. 370' south of Dove(#5) P)Ord.738 Lone Star Gas Rate Case Ordinances,second readings,public hearings,and related items: A)Ord.480-303 Rezoning for south side of Highland approx.900' east of Shady SPIN 13 Oaks(#10) Representative B)ZA 98-145 Site Plan for Dardan Square(#14) C)ZA 99-008 Site Plan for North Davis Business Park(#16) Appointed D)ZA 99-009 Site Plan for Lonesome Dove Church Addition(#3) E)Res.99-10 Specific Use Permit for Special Events,Town Square Opening(#8) Bill Stone of Southridge Lakes F)Ord.480-302 Rezoning for the N.E. corner of Randol Mill and Gifford Ct. (#12) has been appointed the SPIN G)ZA 98-158 Preliminary Plat for N.E. corner of Randol Mill and Gifford Ct.(#12) Representative for SPIN#13. H)Ord.736 Creating a Department of Economic Development Bill can be reached at 421-1069 Ordinances,first readings,and related items: and E: wmstone@yahoo.com A)480-301 Rezoning/Site Plan for Barton House Uncommon Care(#11) B)Ord.480-304 Rezoning N.W. corner of Lonesome Dove and E. Dove(#3&#5) C)ZA 99-003 Plat Showing for NW corner of Lonesome Dove and East Dove D)Ord.737 Consent to transfer control of cable television system and franchise from Marcus Cable to Paul G.Allen and approving related agreements Other Items for consideration: A)Request for sign approval for Milwaukee Joe's Ice Cream March 1999 City of Southlake Meetings MondaySunday 1 2 3 4 5 6 7:00 PM KSB/ 7:00 PM City 5:00 PM SPIN 7:00 PM P&Z/ Special speaker Council/City Executive City Hall Johnson Hall 7:00 PM Crime Elementary Control/City Hall 7:00 PM SYAC/ City flail 7 8 9 10 11 12 13 7:00 PM Park 1:15 PM SAC 5:00 PM Youth 7:00 PM JUC/ Board/City Hall 6:00 PM Drug& Park Board/Old Admin.Bldg Alcohol/Sr. Union Room 7:00 PM SPIN Center 7:00 PM Sister Standing/Sr. 7:00 PM SYAC Cities/Sr.Center Center Mock CC/City 7:00 PM SPIN 7:00 PM ZBA/ Hall #3/Sr.Center City Hall 7:00 PM Teen Center/Lodge 14 15 16 17 18 19 20 7:00 PM"City 7:00 PM SYAC/ 7:30 AM Metro- Council/City Community port(location Hall(to be Center TBD) decided) LAST DAY TO 7:00 PM P&Z Town Square FILE FOR Grand Opening CITY &Town Hall COUNCIL Ground Breaking 21 22 23 24 25 26 27 7:00 PM BBOA/ 7:00 PM 7:00 PM Library 7:00 PM CIAC/ City Hall "possible City Board/City Hall Sr.Center 7:00 PM SPDC/ Council meeting 7:00 PM ZBA/ i City Hall 7:00 PM Teen City Hall Center/Lodge I � 28 29 30 31 FebnlaJ612 April S M T W S M T W T F S — I ---- --- I-- 12 3 1 2 3 7 8 9 l0 J 5 6 78 9 IO 14 15 16 17 I I 12 13 14 15 16 17 21 23 2a 18 19 20 21 22 1_3 24 23 25 26 27 28 29 30 **Please call481-5581 ext 704 c _ , City of Southlake, Texas Recent submittals for your information. CASE DESCRIPTION 99-011 SITE PLAN $1.25 Dry Clean Super Center Location: On the southeast corner of the intersection of East Southlake Boulevard(F.M. 1709) and Crooked Lane Boulevard Current Zoning: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses Owner/Applicant: Kwik Industries, Inc. 99-012 REZONING/CONCEPT PLAN Simmons Addition Location: Southeast of the intersection of Raintree Drive and Brookwood Lane and northeast of Rainforest Court Current Zoning: ""SF-1A"" Single Family Residential District Requested Zoning: "SF-30" Single Family Residential District Owners/Applicants: J.W. Simmons and Dick Blackard 99-013 SPECIFIC USE PERMIT Corner Bakery Location: On the northeast corner of the intersection of East Southlake Boulevard(F.M. 1709) and State Street in Southlake Town Square Current Zoning: "NR-PUD" Non-Residential Planned Unit Development Applicant: Corner Bakery Owner: Maggiano's/Corner Bakery, Inc. 99-014 SPECIFIC USE PERMIT Mi Cocina Location: On the northeast corner of the intersection of Main Street and State Street in Southlake Town Square Current Zoning: "NR-PUD" Non-Residential Planned Unit Development Owner/Applicant: Mi Cocina, Ltd. 99-015 SITE PLAN N.E.T. Church Location: On the south side of West Southlake Boulevard (F.M. 1709), approximately 100' west of East Jellico Circle Current Zoning: ""CS"" Community Service District Applicant: James E. Langford Owner: N.E.T. Church f — s City of Southlake, Texas 99-016 SPECIFIC USE PERMIT Rockfish Seafood Grill Location: On the east side of State Street, approximately 1600' north of Main Street in Southlake Town Square Current Zoning: "NR-PUD" Non-Residential Planned Unit Development Owner/Applicant: See-Worthy Restaurants, Inc. DB/A Rockfish Seafood Grill 99-017 PRELIMINARY PLAT Block 6, Lots 1-28 and Block 7, Lots 1-18 of Versailles, Phase III Location: On the east side of South Carroll Avenue, approximately 2200' south of East Southlake Boulevard Current Zoning: "SF-20B" Single Family Residential District Owner/Applicant: Dickerson Development, Inc. 99-018 SITE PLAN Dr. John Michael Tate's Office Location: On the west side of East Northwest Parkway (S.H. 114), approximately 400' north of East Southlake Boulevard (F.M. 1709) Current Zoning: "O-V Office District Applicant: WRA Architects Owner: Dr. John Michael Tate Gty of Southlake,Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Town Square Status Report Town Square Work is complete on 4 buildings and is substantially complete on 2 buildings. One building is in the early stage of construction. Staff has been conducting final walk through and acceptance inspections of the infrastructure and buildings. Attached is the latest status report of tenant finish permits for this project. One office has been occupied and several retail tenants have begun to stock their stores. During the upcoming week most retailers will be stocking the stores in anticipation of the grand opening and "soft" openings. The Developer has had several meeting regarding Grand Opening activities. There is an item on the March 2 agenda regarding the special use permit for the Grand Opening activities. North Carroll Realignment Work on this adjacent project is well underway. All underground construction is substantially complete. The 1709/North Carroll intersection has been opened and work continues on the 2 southbound lanes. Due to some franchise utility issues, I do not anticipate that we will complete this project by the original completion date (March 10); however, work will be complete prior to grand opening. Post Office Square The Developer has held a SPIN meeting regarding this project. Information for this project will be submitted to Community Development on March 1, 1999. Additional Project Phases No new information since last meeting. Town Square States February 26, 1999 Page 2 Town Hall The architects are continuing to develop concept plans for the floor plates and space allocations. The only senior staff member that was unable to meet with the architects was Sandy LeGrand. I have spoken to Sandy regarding her concerns regarding space, location and accessibility and relayed these to the architect. Preliminary response from the architect indicates that all of Sandy's concerns have been addressed and met. I have relayed this information to Sandy and she indicated to me that she was satisfied. I would like to remind Council Members that individual tours of the project site can be ed by contacting me. ri d:\wd-files\sts\stat 18.doc -yam a City of Southlake, Texas MEMORANDUM February 24. 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E., Director of Public Works i SUBJECT: Award of bid to Sharrock Electric, Inc. for the installation of a j "closed loop" signalsY stem along FM 1709 b I Action Requested: City Council award of bid for the installation of a "closed loop" signal system along FM 1709 from Pearson Lane to Commerce Street. I Background Information: During late 1997 and early 1998, a FM 1709 Traffic Signal Study confirmed that the signals along FM 1709 should and could be coordinated by means of a centralized computer system. On June 2, 1998, the City Council authorized the Mayor to enter a professional services agreement with Lee Engineering for the design of FM 1709 signal timing and capacity improvements. During the summer months a signal-timing plan was designed by Lee Engineering and submitted to TxDOT for synchronizing the traffic signals along FM 1709 to provide optimum progression. TxDOT then re-timed the signals to provide the synchronization of the signals. The controllers at each intersection are on their own clock and work independently. Each clock in the traffic controllers is synchronized with a specific timing sequence, however if any interruption of power or other problem occurs, it can cause a clock to get out of sequence with the other signals. If this occurs, a technician from TxDOT has to manually check the timing at the signal and reprogram the timing sequence. i To make the synchronization function properly and reduce the manual maintenance, the signals need to be linked together and monitored and controlled by a computer at a remote site. In other words, a "closed loop" signal system needs to be I implemented. The computer continuously monitors each traffic signal and keeps the clocks in the traffic controllers sequenced i • t 5B - 1 i with one another. The computer also allows remote monitoring of the traffic signals in order to check the status and adjust the timing if necessary. Lee Engineering has completed the plans for the construction and installation of the "closed loop" signal system including all existing and proposed traffic signals from Pearson Lane to Commerce Street. The plans have been reviewed and approved by TxDOT. As you can see from the attached bid tabulation sheet, there was only one bid received for this project, mainly due to the current work loads experienced by construction companies in the area. The project was advertised in the Fort Worth Star Telegram for two weeks. Staff and Lee Engineering also made a concerted effort to solicit bids from qualified companies prior to the bid opening via phone calls and faxes. The bidder was Sharrock Electric, Inc. of Fort Worth, TX. Upon review of the bid by staff and Lee Engineering, it was determined that the bid from Sharrock Electric, Inc. is reasonable and fair. Financial Considerations: Funding for the construction of these improvements was allocated in the 1998-99 CIP budget in the estimated amount of $120,000. The engineering cost was funded in the 1997-98 CIP budget in the amount of $25,000. The engineering cost for this project with Lee Engineering is $7,250. The bid from Sharrock Electric, Inc. was $42,000, which brings the total cost of this project to $49,250. Therefore, this project is under budget by the amount of$95,750. The main reason for the less than expected cost was due to TxDOT participating in the project by replacing the traffic controllers at each signal. In order for the closed loop system to properly function, the traffic controller unit at each signal must be identical to the other traffic controller units. TxDOT replaced the traffic controller units that were not identical prior to implementation of the current "time based" traffic light synchronization at no cost to the City. Citizen Input/ Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Maintain the existing timing sequence of the traffic signals. 5B - 2 Supporting Documents: Bid Tabulation FM 1709 Map Exhibits Staff Recommendation: Staff recommends Council award the bid to Sharrock Electric, Inc. in the amount of $42,000 for the installation of a "closed loop" signal system along FM 1709. Please place this item on the March 2, 1999 Regular City Council agenda for consideration. BW/sep Approved for Submittal to City Council: (;x,,,:� City Manat, i SB - 3 LL O O t— F V w a III w y O U F W Z U O � a y O U F W Z Z U � O � a O Q N N O O O O O cc O O O 0 0 0 0 In 0 0 10 O O ^ O 0 0 (A O 0. 0. 0. 0. O O O O O O O O K O ...I �_ O O O 00 M O O O N O O M O O V O O R O _ O ^ O I- R N N O f� �!: O M O 01 In O O (O 69 fA fA M N N V M NV p esi EA to M to eH O O O M O M N O AHN V b9 OLLM N N 64 to W V 1... 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':i::�:- ■III►�. r.uu■__�: ,j_--=-. . �i°:naGzl�..:Air�O�uu.♦/i■oA -, U•■■er��_t ■ - ;nu N� IL�i■� �UIII/IIPI'{II■ffi 1:., •t■■�/� _� _'� rr�a�'ll'�I�I■ Mimiail c�� :•'�'ii■i :• �,!`,•�,�`- einu� i .a ru■� t• r i 04,1! • ��`\ ••ram/��' I•� �• ONE nX ■ •— 5 City of Southlake, Texas MEMORANDUM February 26, 1999 i TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition Action Requested: Staff requests that the City Council award the bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. Background Information: Proposed improvements to Lake Drive include a new water iine, a new sanitary sewer line, and rehabilitation of the pavement. The current water line is undersized and the sewer line will serve residents located on the east side of the street. On September 9, 1998, staff met with SPIN #3 Representative Milan Georgia and residents of Lake Drive. The main outcome of that meeting was that the residents requested that the reconstruction of their street be completed with a pavement width of 18 feet rather than the standard 22 feet cross-section as they believe the narrower roadway will discourage traffic from speeding. This requested change was approved by City Council on October 20, 1998 in the authorization to advertise. Additionally, the speed limit on Lake Drive was reduced to 25 mph at the October 6, 1998 City Council meeting since the narrower roadway may cause safety hazards at faster speeds of travel. During the reconstruction of the roadway surface, some or all of the mailboxes may have to be relocated to accommodate the roadway transition. This is included in Alternate Bid 41. (see attached bid tabulation) Residents on Lake Drive have also petitioned for streetlights along the east side of the road. A survey was conducted of the residents (see attached letter and petition) as to the need and acceptance of streetlights in the neighborhood. Staff has ordered two standard "cobra head" lights to be placed on existing Tri-County Electric poles. 5C - 1 f i �.. Representatives of the neighborhood would like the City Council to consider having an additional three lights to be installed on the east side of Lake Drive. The light standard requested is Tri- County's "antique" streetlight. The residents also request that Tri- County bury the power lines for these three lights. Tri-County has given staff a cost of $1,250 for each light and to bury the power lines. Therefore, the request is to fund an additional $3,750 for the three "antique" street lights Financial Considerations: The CIP budget provides $364,500 for this project. Out of a total of six bids received, the low bidder is Saber Development with a base bid of $304,155.95, plus two alternate bids totaling $17,094.75 for a total bid of $321,250.70. (see attached bid tabulation) The original engineering and design costs were $49,750. However, the construction plans were changed to alter the width of the street from 22 feet down to 18 feet. This brought the total engineering and design costs to $55,740. Alternate Bid #1 includes relocating mailboxes for uniformity and safety purposes. Alternate Bid #2 includes the use of petromat in the road resurfacing process, which will minimize the reflective cracking in the surface and potentially save maintenance funds. The total base cost of the project, including engineering and design, is $359,895.95, which is $4605 under the budget estimate. The addition of Alternate #2 would bring the total project cost to $306,490.70 or $1,990.70 over the budget estimate. The addition of Alternate #1 (the mailbox relocations) at $10,500 would bring the total contract cost to $12,490.70 over the budget estimate. The additional funding can be budgeted from the "closed loop" project, which was $95,750 under the engineered estimate. Citizen Input/ Board Review: SPIN #3/Lake Drive meeting, September 1998 Legal Review: Not applicable Alternatives: Alternate Bid #1: $10,500 (relocating mailboxes) Alternate Bid #2: $6,594.75 (petromat) 5C -2 City Council may choose to not award either alternate bid. However, the residents of Lake Drive have expressed the desire to have the mailboxes adjusted for uniformity and safety. Supporting Documents: Bid tabulation Letter from Mike McKean Petition Map exhibit Staff Recommendation: Staff recommends that the City Council award the base bid plus the two alternate bids, totaling $321,250.70, to Saber Development for the installation of water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. Please place this on the March 2, 1999 Regular City Council Agenda for review and consideration. BW/th Approved for Submittal to City Council: Cit a er' O ice 5C-3 In O t(7 O O O O O O O O O O O O O of O O O O O O O O O O O o r o o Lo o 0 0 o 0 0 0 0 0 o N o 0 0 o 0 0 o o o O o oDi � � � D� vo �ri000000 c cDovooLri00000 M m m ID O r to m o to o O 0 o o Q M m m C O N 0 0 0 0 m N b a H M m N O v Qf M b9 r N r In cn O N ? 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Bob `Xhitehead City of Southlake,TX Director of Public Works 1725 East Southlake Boulevard Southlake, TX 76092 Dear Bob: Enclosed is the feedback from the Residents of Lake Drive reference your letters of January 20, (combining mailboxes) and January 27, (proposed street lighting). Reference the proposed mailbox suggestion: all residents have reviewed the proposal and concur with the following exceptions. • Larry Wells, 2992 Lake Drive, agrees with the proposed relocation, he prefers to retain his ornamental metal post. • Phil Mullins, 2996 Lake Drive, prefers that he retain the same location at the end of the vvaI",c.tiay for convenience. • Art Clayton, 3129 Lake Drive, was not part of the proposal and is not affected. Reference the proposed street lighting: all residents have reviewed the proposal and concur with the following exceptions. • Anita Rheaume, 3003 Lake Drive, had a bad experience (no explanation) in California. • Art Clayton, 3129 Lake Drive, preferred not to have the light erected on the post located on his lot. The neigborhood concurs with Nlr. Clayton's concerns due to the reduced size of his lot and close proxity of his home. Currently there is a street light located one street further north of this location at the location where Lake Drive bends to the west and intersects with the private lane to the east. It is noted that this light is not working and should be changed to the Sodium bulb (orange glow) instead of the White Mercury Light, this would allow conformity with the remaining requested street lighting. It is the desire of the residents of this neighborhood to recommend funding for both of the above proposals with the cost savings from the reduced pavement width (22' to IS') and from the non— purchase of the Dorsett right—of—way which resulted from the width reduction. By addressing this entire project of upgraded water service, sanitary sewer service, road surface with stabilized base, reduction by 50% of the mailbox standards, and street lighting in a positive manner, this has become a success for the city, neighborhood, and each resident for all of the right reasons. 5C-10 I am looking forward to working you over the course of the proposed reconstruction of take Drive. Sincerely, S. Michael McKean 817-481-6777 City Council Curtis Hawk Shawn Poe Milan Georgia Bill Sheffield 5C-1 1 WAAtA--A, LAKESIDE 1 I 3160 3119 tfi�,2,eE LL_ 3009 3010 Yo2K � / ''ENNISUL cr, a w Y 3007 J � vtite C�RcA�/T� IR 3000 Pifi2�.os 2998 3003 ' 2996 «ti 3001 2994 asa✓ 2992 2999 ^^� 2990 * G3wPR-., TEAL CT, 2980 C`v E 00 BURNEY LN �C-12 January 24, 1999 Neighbors on Lake Drive: Hopefully by now we have all received a letter from the Southlake Public Works Director Bob Whitehead outlining the proposed reconstruction of our street. This issue has brought our neighborhood to unity by bringing resolution to a number of issues. The perception is that this is a success for all of us and the city. The residents have maintained the priorities of safety and aesthetics. The city council has visited our neighborhood to review the existing conditions. At issue(which has been agreed to) • upgrade the water system to enhance adequate fire protection and to boost household water pressure. • provide sanitary sewer to the residents not attached to the Dove Estates System (the line will be installed now but will be placed in service at a later date as the city's drainage plan is completed. (which should be about early 2000). • new road surface, which has been approved for IS' instead of the proposed 22' in order to keep the street in its present location. 2' stabilized base along both sides of the asphalt surface.This avoided the right-of-way issue on the west side of the street. Your support and concurrence are needed in the following concerns: • The city has proposed a plan to relocate the mailboxes. 1) this would increase safety by reducing the number of standards/obstacles along the east side. Each standard would be setback to ease vehicle passage while confronting opposing traffic. 2) each resident would maintain a personal box by grouping the boxes per location. Residents are encouraged to provide the largest available mailbox (S25-includes new box and house numbers from Home Depot-to be collected at a later date.) Each mailbox location would be provided with a paved approach apron for mail delivery. The postmaster is in agreement with this proposal. • Tri-County Electric has issued a proposal for street lighting to be placed on the EAST side of the street. This proposal includes attaching fixtures to 3 existing wood poles and 3 "old town" lights simlar to those used in Lonesome Dove subdivision. Underground wiring will be installed at the same time that the road way is being recontructed. As previously gated both of these last two items will increase the personal safety and enhance the aesthetics of the neighborhood. Please indicate your support by signing the petition. 5C-13 Mailbox Relocation Name Yes/No Address Phone + • U 1�� 2960 Lake Drive �T�%f �G 2970 Lake Drive S 2980 Lake Drive C 2990 Lake Drive /,f Y "\In ,� %� 2992 Lake Drive e 5 2994 Lake Drive '�` Dg,�•t� t4) 2996 Lake Drive — Y �1 q DI V �L"L 2998 Lake Drive C ` ) _ `� �• _ 2999 Lake Drive 3000 Lake Drive �vL 3001 Lake Drive � `3003 Lake Drive a.� l O--� d C I 3005 Lake Drives c.,�•t2GC �ou-- GS 3007 Lake Drive 6 7-1-7 i �,• es 3009 Lake Drive / c� 3010 Lake Drive ✓ l /� c 3119 Lake Drive 3Z— 3160 Lake Drive - 0 504 PPo p0a@U JIICCI L,grlii1-1c,. Name Yes/No Address Phone 2960 Lake Drive l� �J 2970 Lake Drive 2980 Lake Drive 3 2990 Lake Drive L g 9C 0 2992 Lake DriveLl e 2994 Lake Drive 9 -2 y.3 2996 Lake Drive 2998 Lake Drive 3� fjy \2�� 2999 Lake Drive 3000 Lake Drive .wCi i LarCc v„vc !tJ Z 1 3003 Lake Drive 7 0 ( 3005 Lake Drive `-�'� ✓ 'r 1 3007 Lake Drive 9/'7- 4 l -&-jj7 - c G 3009 Lake Drive $1'1- L7L'Zell 3010 Lake Drive T ;L 7(' - v 1 3119 Lake Drive 3160 Lake Drive jj' 0 32 -i v 5C-15 -. C • of S Lake Drive Street / Sewer .- Proj*ect Exkd i I Sewer. Pi I E F Till ILA I . ffe stae Legend N W Phase 1, Dove Road Pressure System lesss�/�a Phase 2, Force Main Phase 3, Street Paving No Scale ■■■■■■ Existing Sanitary Sewer Line Public Works - GIs 5C-1 6 City of Southlake, Texas MEMORANDUM i February 26, 1999 I i TO: Curtis E. Hawk, City Manager j FROM: Bob Whitehead, Director of Public Works SUBJECT: Approval of Change Order No. 1 with J.L. Bertram for Southlake Park Road j Action Requested: Staff requests that the City Council approve Change Order No. 1 with J.L. Bertram in the amount of $28,479.75 for the resurfacing of Southlake Park Road. Background Information: The improvement of Ridgecrest Drive was scheduled as part of the FY 97-98 CIP budget, which provided $355,576.00. Improvements include reconstructing the existing roadway and associated drainage. Earlier improvements in this neighborhood included replacement j of the water lines that serve the Hilltop and Kidwell Additions along Briar Lane and Hilltop Drive. Briar Lane and Hilltop Drive were also reconstructed following the replacement of the water lines. This reconstruction was completed in 1996, and the j project's cost was under the engineering estimate. On December 17, 1996, City Council authorized Change Order No. 1 with Sutton and Associates for $35,761.52 to repair and overlay Crescent Drive, Southlake Park West, Woodland Drive, and Hillside Drive. Southlake Park Road was not done at that time as the funds were depleted. This change order will provide the necessary repairs and overlay to Southlake Park Road to complete the repair and overlay of the roadways in this neighborhood. i Financial i Considerations: On November 17, 1998, the City Council approved the bid with J.L. Bertram for $311,560.56. This project has not yet started as staff is working with the developer of Loch Meadows on the construction of the sanitary sewer force main along Ridgecrest i Drive. The engineering and design cost of $30,600 brings the total project cost to 342,160.56. This is under the engineered estimate by $13,415.44. 5D- I I Change Order No. 1, the overlay to Southlake Park Road, is $28,479.75, which is a 9% increase in the contract with J.L. Bertram. State law allows a change order to be added or subtracted from an existing contract so long as it does not exceed 25% (a change of more or less than 25% would require new bids to be taken). The request to Council is to consider completing the improvements in the neighborhood. This would bring the total cost of the project to $370,640.31. This is over the engineered estimate by $15,064.31. Since the "closed loop system" project came in under the estimated engineering cost by $95,750.00, the additional costs for the Ridgecrest project could be funded from the "loop" project. Citizen Input/ Board Review: Residents on Southlake Park Road have requested that their road be improved to be similar to the rest of the roads in the neighborhood. Legal Review: Not applicable Alternatives: City Council could choose to not award the change order and either not construct the overlay to Southlake Park Road, or request staff to bid the project. However, because of the good asphalt unit price in the existing bid and the small size of a project for just the Southlake Park Road overlay, it is anticipated that a new bid for the project would be higher than this change order. Supporting Documents: Change Order No. 1 Map exhibit Staff Recommendation: Staff recommends that the City Council approve Change Order No. 1 with J.L. Bertram in the amount of $28,479.75 for the overlay to Southlake Park Road. Please place this on the March 2, 1999 Regular City Council Agenda for review and consideration. BW/th Appr S bmittal to City Council: City ag ,s fice 5D-2 CHANGE ORDER No. 1 Date: February 4, 1999 OWWER'S Project No. :V/.4 ENGPiEER's Project No. 001-229 Project Paving and Drainage Improvements,Ridgecrest Drive OWNER Citv otSouthlake Contract for Paving and Drainage Improvements Contract Date: December 9, 1998 To: J L. Bertram Construction and Engineering Inc. Contractor You are directed to make the changes noted below in the subject contract: City otSouthlake Owner By: Date: , 1999 i Nature of the changes: RESURFACING OF SOUTHLAKE PARK DRIVE 1. Furnish and install 2"Type"D"HMAC Resurfacing(including T wide driveway connections),4,600 S.Y. @ S5.07/S.Y. S 23,322.00 2. Construct 6"thick compacted Grade 4 crushed stone base repairs, 3,935 S.F. @$1.21 S 4,761.35 3. 6"Thick HMAC compacted trench backfill, 40 S.F. 4, S9.91 S 396.40 TOTAL AMOUNT: S 28,479.75 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order S S311.560.56 Net(Increase)(Dec-fease)Resulting from this Change Order S $28,479.75 Current Contract Price Including this Change Order $ $340,040.31 NSPE-ASCE 1910-8-B (1978 Edition) 5D-3 Ccn a.t Time Prior to this Change 120 Calendar Days (Days or Date) Net(Increase) (Decrease)Resulting from this Change Order 20 Calendar Days pays) Current Contract Time Including this Change Order 140 Calendar Days (D&n or Due) The above changes are recommended: Cheatham and Associates Engineer By: David E Afayes Data: 1999 The above changes are accepted: J.L. Bertram Construction&Engineerine% Inc. Contractor By. Date: 1999 F W0RD%SOU7HI.AK'229\Change Order I.wpd J `J 50_L T Area of Proposed Street Improvements N1 \ ;- i \ II Dove St. Lj [-4 Proposed Improvements City of South lake 5D-5 City of Southlake, Texas i MEMORANDUM February 24, 1999 I To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Authorize the Mayor to enter into an amended residential developer agreement for Timarron Village "H", Huntly Manor, Phase II Action Requested: Authorize the Mayor to enter into an amended residential developer agreement for Timarron Village "H", Huntly Manor, Phase II. I Background Information: A final plat has been approved for Timarron Village "H", Huntly Manor, Phase II Addition, located in the southwest corner of East Continental Boulevard and Brumlow Avenue. On November I?, 1998, the City Council approved a partial developer agreement for grading only. On February 2, 1999, the City Council approved a standard residential developer agreement for this Addition with a park fee (approved by the Park Board) of $156,000. On February 8, 1999, the Park Board reconsidered i the park dedication requirement for Timarron Village "H", Huntly Manor, Phase II. The Park Board approved a credit of $60,571.58 for trails to be constructed along Continental Boulevard and Brumlow Avenue, a credit of$44,400.00 for 1.11 acres of open space, and a credit of$550.00 for two wood benches, for a total credit of$105,521.58 toward the required fees of$156,000, leaving a credit balance to the City of $50,478.42. A memo from Kevin Hugman is made part of the developer agreement. This change in the park fee is the amendment to the original developer agreement. ( Financial Considerations: Described above. Citizen Input/ Board Review: Park Board action described above. 5E-1 Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: None. Supporting Documents: Developer Agreement Plat Exhibit Staff Recommendation: Place the amended developer agreement for Timarron Village "H", Huntly Manor, Phase II on the March 2, 1999 City Council agenda for Council to review and authorize the Mayor to enter into an amended developer agreement. Charlie J. T omas Deputy Director of Public Works Approved f*SIOnidittity Council: City Manag�r�s' 5E-2 i 1 TI;`v9ARRON. VILLAGE H, PHASE 2 (Huntly Manor) 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 Timarron, Village H, Phase 2 (Huntly Manor), hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, 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 156 lots contained within the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, fifteen (15), 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. Residential Developer Agreement 1 5E-3 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 cf Credit attached hereto and incorporated herein. D. 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 the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved 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 have 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. Residential Developer Agreement 2 5EA t 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 acknowledgement 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: 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 re-testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. Residential Developer Agreement 3 5E-5 2. -re City agrees to bear the expense of: 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. T;e 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 acceptance 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. 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 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. Residential Developer Agreement 4 6E-6 t II. FACILITIES A. On Site Water The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. Drainage Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Residential Developer Agreement S 5E-1 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; G. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction 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. Residential Developer Agreement 6 5E-8 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. In the event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. 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 by 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. Residential Developer Agreement 7 5E-9 H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. I. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 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 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. Residential Developer Agreement 8 5E-10 III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER 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 OR 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 IMPROVEMENT OR IMPROVEMENTS. AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. 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 Residential Developer Agreement 9 5E-11 the improvements to be constructed. in this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 0 Residential Developer Agreement 10 5E-12 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. H. Prior to final acceptance of this phase the Developer shall provide to the City three (3) copies of Record Drawings of this phase, showing the facilities as actually constructed. I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of$1,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are 156 lots in Addition, which would bring the total cost of Park Fee to $ 156,000.00. Residential Developer Agreement 11 5E-13 On February 8, 1999, the Park Board reconsidered the park dedication requirement for Timarron Village "H°, Huntly Manor, Phase 11. The Park Board approved a credit of$60,751.58 for trails to be constructed along Continental Boulevard and Brumlow Avenue, a credit of$44,400.00 for 1.11 acres of open space, and a credit of$550.00 for two wood benches, for a total credit of $105,521.58 toward the required fees of$156,000, leaving a credit balance to the City of$50,478.42. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Steve Yetts Title: Project Manager Address: 700 Wentwood Southlake, Texas 76092 `7 Residential Developer?agreement 12 5E-14 STATE OF COUNTY OF On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of ,,,/hich the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary 7 Date: Residential Developer Agreement 13 5E-15 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the Citv with surmortina 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 Letter of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 5E-16 City of Southlake, Texas `IENI0RA ,NDUNt February 16, 1999 TO: Charlie Thomas, Deputy Director of Public Works FROM: Kevin Hultman, Director of Community Services SUBJECT: Park Dedication Requirements - Timarron Village "H," Huntly Manor, Phase 2 At its February 8, 1999 meeting, the Park and Recreation Board considered the park dedication requirements for Timarron Village "H," Huntly Manor, Phase II, a residential development. The proposal approved by the Park and Recreation Board includes the following items: • Six Foot (6') wide trails totaling 0.53 miles along the south side of ContiiicuLdi Boulevard and the west side of Brumlow Avenue. The proposed value of this dedication is S50,476.32. The Park and Recreation Board allowed a credit of S60,571.58 for the trails. • Open space totaling 1.11 acres with a proposed value and credit of$44,400.00. • Two (2) 6' wide wood benches valued at S2,200.00 total, for an allowed credit of $550.00. The plat exhibit shown to the Park and Recreation Board included one hundred and fifty six (156) lots. The Park Board voted 7-1 to accept the proposal, with credits totaling $105,521.58 toward the required fees of S156,000.00. This results in fees due to the City of S50,478.42. Please contact me if you have further questions. 4-& KH/j e 5E-17 �a a I N CIOa a gg S '. R YE_ LLI \ T s —i LM:. 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Final construction plans for the public improvements have been approved. The proposed detention pond and accompanying storm sewer were designed and are part of the final construction plans. Attached is a standard residential developer agreement for The Trailhead Addition. Financial Considerations: On February 8, 1999, the Park Board approved a park fee of $1,000 per lot for 27 lots, or $27,000. A memo from Kevin Hugman is made part of the developer agreement. Citizen Input/ Board Review: Park Board action described above. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: There are three alternatives for this request: approve the request as submitted, approve with modifications, or deny the request. Supporting Documents: Developer Agreement Plat Exhibit 5F-1 1 Staff Recommendation: Place the developer agreement for The Trailhead Addition on the March 2, 1999 City Council agenda for Council to review and authorize the Mayor to enter into a developer agreement. Charlie J. Thomas Deputy Director of Public Works Approved for Submittal to City Council: City IV ger" 0 ce 5F-2 c THE TRAIL;HE.AD ADDITION ,-v_—Z= IENT 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 Trailhead Addition, hereinafter referred to as the '`Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain communitj, facilities located therein, and to provide city ser✓ices thereto. It is understood by and between the parties that this Agreement is applicable to t�.e 27 lots contained %Mthir. the Addition and to the off-site improvements necessa ,Y to suppci t the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, 3, 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. Residential Developer Agreement 1 5F-3 i Te Develoaer `,bill -resent io +i-e Cit'v either a cash escrow. Letters Credii. oer"cr"",a;'oe bond cr "ayment bend acce0table tc the �^Uarantee!riti^g. and agreeing t0 pay ani amou i equa1 t0 "vl °'o of the value Oi the COnStrUCilon 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 nccrocrated hereir:. D. 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 the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developers obligations specified above. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved 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 have 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. Residential Developer Agreement 2 5F 4 5 is IS TUrtner agreed anC UnCcfS�CCd 0 the particS flzrCiC that Upon accepta%ce 0`J Cif%. `i:le to ail .acilities ar-d imcr—iements ,;�enticned nereinabove si;ail be �,ested in r e Cft,i a:^u Developer hereby reiinquishes 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 Nlanager or his duly authorized representative, provides Developer With a written acknowledgement 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: 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 normalworking hours; e. Any charges for re-testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. Residential Developer Agreement 3 5F-5 t - ^ agree :':) dear .y,e expense c_. %c eu. ::ers.t*, —s's or. suvC raL C (951"0 Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildir;cs to service lines or �,vater mains constructed under this Agreemen til said water mains and service lines have been completed to the satisfaction of and acceptance 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 mowina all crass 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. 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 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. Residential Developer Agreement 4 5F-6 A. On s to ;`dater 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 Developers engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. Drainage Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Residential Developer Agreement 5 5F-7 --,e Developer will be resoens!bie "or: nstailaticn are two ,;ear cceraticn post of street lights, which is payable to the City prior to final acceptance of the Addition; 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 b;; the City in accordancewith City ordinances: c. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction 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. Residential Developer Agreement 6 5F 8 C^i SITE SANITARY SEWER FACI LIT!ES e �evelocer hereby agrees to instail sanitary sewerage coiiection facilities to service lots as sho\,vn on the final plat of t1 ie 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. In the event that certain sewer lines are to be oversized because of City of Southiake requirements, the City will reimburse the Developer for the oversize cost greater than: the cost of an 8" line. 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 by 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. Residential Developer Agreement 7 5F 9 S= OF PUB'IC RIGHT-OF-1/AY :s understood by and between the City and Deveicper that the Developer may provide unique amenities within public right-of-way. such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any; and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the 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- 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 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. Residential Developer Agreement 8 5F-10 A. INDEiNINIFICATION DEVELOPER 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 OR 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 IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. 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 Residential Developer Agreement 9 5F-11 he improvements to be constructed. i.i this connection, tree Developer shall for a penes Of -NO (2j years after the acceptance the Cr; of Scuthiake of completed construction project. indemnif;; and 'hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City. its officers, agents. servants or employees. or any of them, on account thereof. to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. Residential Developer Agreement 10 5F-12 1 . The purchase of tangible personal property. other than machinery or equipment and its accessories, repair, and replacement pars, for use in the perrormance 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. H. Prior to final acceptance of this phase the Developer shall provide to the City three (3) copies of Record Drawings of this phase, showing the facilities as actually constructed. I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 27 lots in Addition, which would bring the total cost of Park Fee to $27,000. Residential Developer agreement 11 5F-13 In consideration of the amenities to be installed, the Park Board voted and approved the following items: • Floodplain open space totaling 2.053 acres at a proposed value of$63,643.00. • Four foot (4') wide private trail totaling 0.13 miles with a proposed value of$7,000.00. • One (1) playground with a proposed value of 510,000.00. • Open space for pickup games totaling 0.681 miles with a proposed value of$21,111.00. • One (1) picnic table with a proposed value of 5500.00. • Two (2) benches with a proposed value of$300.00 each. • Six foot (6') wide public trail along Johnson Road totaling 0.113 miles with a proposed value of$9,000.00. The Park Board voted to accept the proposal, and allowed credits totaling $33,360.00 towards the required park fees of$27,000.00. This results in a credit balance to the developer of $6,360.00. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Fred Joyce — Mary Myers Enterprises, Inc. Title: Fred Joyce, President Address: 1017 William D. Tate Ave. Grapevine, Texas 76051 Residential Developer Agreement 12 5F-14 STATE OF COUNTY OF On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 13 5F 15 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding S10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), 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 Letter of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 5F-16 City of Southiake, Texas NIE 'NI 0RA N DUNI i February 10. 1999 TO: Charlie Thomas, Deputy Director of Public Works FROM: Kevin Human, Director of Community Services SUBJECT: Park Dedication Requirements - The Trailhead i I At its February 8, 1999 meeting, the Park and Recreation Board considered the park dedication requirements for The Trailhead, a residential development. The proposal approved by the Park and Recreation Board includes the following items: • Floodplain open space totaling 2.053 acres at a proposed value of S63,643.00. • Four foot (4') wide private trail totaling 0.13 miles with a proposed value of S7,000.00. • One (1) playground with a proposed value of S10,000.00. I • Open space for pickup games totaling 0.681 miles with a proposed value of i S21,111.00. - • One (1) picnic table with a proposed value of S500.00. • Two (2) benches with a proposed value of S300.00 each. • Six foot (6') wide public trail along Johnson Road totaling 0.113 miles with a proposed value of S9,000.00. The plat exhibit shown to the Park and Recreation Board included twenty seven (27) lots. The Park Board voted 8-0 to accept the proposal, and allowed credits totaling S33,360.00 towards the required fees of S27,000.00. This results in a credit balance to the developer of $6,360.00. Please contact me if you have further questions. I KH,J e 5F-17 co y T .. 00 . _ - � � �^ man<"•—c� w1m i� I - t ,� r. lift 'i• 'LI :, I T I m O fCF7 {'n ABEE )�%V./c-e/1: •'�..V1.t '. .n•w.� \/ 7,iES FA�r.B i x.xxa .^n ••-G ..w '«.t' maw w.w.`♦ , N I eT.B..fie> 1 5F-18 City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Authorize the Mayor to enter into an agreement between Safety-Kleen, Inc. and the City of Southlake for two events to collect and dispose of household hazardous waste. Action Requested: Enter into an agreement with Safety-Kleen, Inc. for the collection and disposal of household hazardous waste. Background Information: The City of Southlake receives numerous requests for the proper disposal of household hazardous waste. An agreement has been reached with Safety- Kleen Inc., to dispose of hazardous waste generated by residents of Southlake. Under this agreement, the City of Southlake may establish dates and times for residents to drop off household hazardous waste. The current program is to have two events per year for residents to dispose of household hazardous waste. In the Spring and Fall of each year, the following household hazardous waste is accepted: Paints, Solvents, Pesticides/ Herbicides/Fertil.izers, Propane, Aerosols, Flammables, Corrosives, Oxidizers, Reactive, Mercury, Nicad Batteries, Lead Acid Batteries, Alkaline Batteries, and Lithium Batteries. Explosive, infectious, or radioactive waste is not accepted. Past and present City Councils, staff, and members of the community have attempted to provide an avenue to dispose of household hazardous waste, however, the liability of holding the label of "generator status" of hazardous waste products has been unreachable. Safety-Kleen, Inc. has agreed to assume generator status, thereby limiting the City's liability. Financial Considerations: Household hazardous waste collection and disposal is budgeted under Fire Services and approved in the current fiscal year. Safetv-Kleen's agreement allows us to remain within budget and limit our expenditures for setup. Citizen Input/ Board Review: Over the past several years, Citizen input and requests have been received through personal interviews, the action line, and telephone contact with Fire Services personnel. Not subject to any Board review. Legal Review: The agreement has been reviewed and approved by City Attorney Debra Drayovitch. SG-1 Curtis E. Hawk February 26, 1999 Page 2 Alternatives: Fort Worth offers a household hazardous waste program similar to the Safety-Kleen program. The program offered by Fort Worth requires the City of Southlake to retain "generator status" of waste, thereby subjecting the City of Southlake to enormous liability. Supporting Documents: Safety Kleen, Inc. Household Hazardous Waste Collection Agreement Memo from Garland Wilson, Deputy Director of Fire Services Staff Recommendation: Place the agreement between Safety-Kleen, Inc. and the City of Southlake for the collection and disposal of household hazardous waste on the March 2, 1999 City Council meeting agenda for approval. BC/gw Approved for Submittal to City Council: City Ma r' fice 5G-2 City of Southlake, Texas MEMORANDUM i February 15, 1999 TO: Billy Campbell, Director, Department of Public Safety i FROM: Garland Wilson, Deputy Director, Fire Service i Subject: Household hazardous waste i i I Providing residents of the City of Southlake a method to properly dispose of household hazardous waste is necessary for the protection of our community and environment. Current methods available to our citizens for disposing of waste are uneconomical and place an unnecessary burden upon the residents of Southlake. Residents inquire frequently about disposal methods for household hazardous waste. Some residents have stored hazardous waste in buildings and garages to prevent the unlawful discharge of waste into the environment. The storage of such waste represents a threat to our residents, the community, and our environment. We have been researching and looking for methods to properly receive and dispose of hazardous household waste for the past two years. Previous attempts to enter into an agreement for collection and disposal of hazardous household waste failed. In the past we considered using Fort Worth's system. However, we could not find common ground, because of enormous liability Fort Worth required the City of Southlake to assume by assuming "generator status", making the City of Southlake liable for the hazard product and any damage caused from the time we accepted to the end of its life. Safety-Kleen, Inc. has submitted an acceptable proposal. Liability and responsibility of the "generator status"is transferred to Safety-Kleen when they accept the product at our site. The agreement has been reviewed and modified by our City Attorneys. Safety- Kleen Inc. has agreed to the minor changes and modifications as requested by our attorneys. I think this agreement represent the safest and most economical route to dispose of household waste. We have reviewed the options and recommend that we enter into an agreement with Safety-Kleen Inc. to legally dispose of household hazardous waste. Gw/gw SG-3 FEB-25-1999 16:13 LAW FIRM 917 332 4740 P.02i10 HIISEHOLD HAZARDOUS WASTE COLT KTION AGREEMENT This Agreement dated this,day of February, 1999 by and between the City of Southlake, Southlake, Texas 76092 (the "Sponsor") and Safety-Kleen (LaPorte), Inc., a Texas corporation, ("SAFETY-KLEEN'), states as follows: WHEREAS, the Sponsor desires to conduct a Household Hazardous Waste Collection Program to provide a safe, convenient place where citizens of Southlake can dispose of stored household hazardous wastes; and WHEREAS, the Sponsor desires to hire a professional contractor knowledgeable and experienced in conducting such a waste disposal program; and WHEREAS, SAFETY-KLEEN has represented that it is staffed with personnel knowledgeable and experienced in conducting such a waste disposal program. WITNESSETH: Now,therefore,in consideration of the mutual promises and benefits of this Agreement,the Sponsor and SAFETY-KLEEN agree as follows: 1_ Employment of SAFETY-KLEEN. The Sponsor agrees to hire SAFETY-KLEEN and SAFETY-KLEEN agrees to act as the Sponsor's contractor to conduct the Household Hazardous Waste Collection Program on Saturday,March 27, 1999. 2. Scope of Services. SAFETY-KLEEN shall perform in a good and professional manner the services identified in the Sponsor's Request for Proposal dated October 22,1998 as modified by SAFETY-KLEEN's Proposal dated February 16, 1999 copies of which are attached hereto and incorporated by reference,as well as the services listed in this Agreement. Any conflict between the terms of this Agreement and the terms of the Request for Proposal or the Proposal will be governed by the terms of this Agreement. a. SAFETY-KLEEN shall have present at the collection site employees or agents of SAFETY-KLEEN as described in the Proposal trained in the identification of hazardous and acutely hazardous wastes (collectively "Wastes") as defined by federal or state laws or regulations, and such materials and equipment as are HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREF-mrNT H:UJBRARY\4outbhtke1Agreenents\Safet YJrm AMwpd Page 1 5G-4 FEB-25-1999 16:14 LAW FIRM e17 332 4740 P.03i10 necessary to handle, containerize, label, load and transport such Wastes from the Sponsor's service area in a manner conforming to state and federal laws and regulations. b. SAFETY-KLEEN shall accept Wastes, for transportation and disposal from the Sponsor service area, only from such individuals as are designated by a Sponsor representative present at the site as being residents of the Sponsor service area,and only in such amounts as are approved by such representative. C. Except as provided in Paragraphs d and a below, SAFETY-KLEEN disclaims all responsibility for and assumes no liability for the following Wastes which it will neither handle at the site nor accept for disposal: Compressed Gas Cylinders, Explosives or Shock Sensitive Materials and Ammunition,Unknown Materials,Radioactive Materials,Infectious or Biologically Active Materials, Dioxin, Tri, Tetra- and Pentachlorophenols and their Chlorophenoxy derivative Acids,Ethers,Ethers,Amine and other Salts(i.e.,Sodium Pentachlorophenate, 2, 4, 5-T, Silvex and 2, 4 5-TP). d. Dioxin associated wastes from households only will be handled by SAFETY- KLEEN through incineration and the Sponsor will compensate SAFETY-KLEEN for packaging, transportation, and disposal in accordance with the fee schedule. e. If a citizen brings any Waste chemical listed in Paragraph c other than those listed in Paragraph d to the collection station, and if the Sponsor decides to accept the Waste,SAFETY-KLEEN will package the material for the Sponsor and the Sponsor will compensate SAFETY-KLEEN for packaging services in accordance with the fee schedule in the Proposal. SAFETY-KLEEN will endeavor to arrange for disposal of such material with a properly permitted and licensed Subcontractor; however,if either the disposal arrangements or the charges for such disposal are unsatisfactory to the Sponsor,then further management and disposal of such material shall be the sole responsibility of the Sponsor. 3. Time o fPerfor mane. SAFETY-KLEEN shall begin the services to be performed under this Agreement upon Notice to Proceed from the Sponsor,and shall undertake such services to assure readiness for and successful completion of the Household Hazardous Waste Collection Program. 4. Termination. Either party may terminate this Agreement upon 30 days prior written notice to the other,provided that such termination shall be without prejudice to any other remedy the party may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The Sponsor shall pay for any such work in progress that is completed by SAFETY-KLEEN and accepted by the HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT H:1LIBRARY1South{akelAgretmoab%U&ty Kleea.AGR wpd ftgs 7 5G-5 FEB-25-1999 16:14 LAW FIRM el? 332 4740 P.04i10 Sponsor. 5. Excuse of Performance. The Sponsor's obligation and SAFETY-KLEEN's obligation to accept for servicing any Waste pursuant to this Agreement may be suspended by either party in the event of: act of God,war,riot,fire,explosion,accident, flood,sabotage, lack of fuel, power, raw material, labor, containers, or transportation facilities; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; breakage or failure of machinery or apparatus; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction(provided that neither party shall be required to settle a labor dispute against its own best judgment);which event prevents the delivery, transportation, acceptance,treatment, incineration,or disposal of the Waste. 6. Compensation and Pa lent. The Sponsor agrees to pay SAFETY-KLEEN for its services in accordance with the price and terms of payment set forth in the attachments to this Agreement. Payment terms are net 30 days from invoice. Invoices shall reflect: a. Unit and total prices for transportation,supplies,disposal,equipment and purchased services; and b. The total cost of all work assignments to date. The parties agree that in the event Sponsor fails to make payment when due,an amount equal to 1.5%per month(18%per annum)will be added to all amounts outstanding for more than thirty(30) days. This amount will be calculated on the number of days in excess of thirty (30) days past the invoice date to the date payment is received at SAFETY-KLEEN. Sponsor is responsible for notifying SAFETY-KLEEN of any question concerning an invoice. In addition,Sponsor shall be responsible for collection agency or legal fees incurred in collecting payment of an invoice. Sponsor shall reimburse SAFETY-KLEEN for taxes, tariffs, fees, surcharges, or other charges imposed by legislation or regulations enacted or promulgated after the execution date of this Agreement and levied specifically upon the transportation, treatment, storage, incineration,recycling or disposal of the waste for which Sponsor is not exempt upon thirty (30) days written notice of such change in legislation and upon submission by SAFETY- KLEEN of evidence that such charges have been levied or paid. 7. GeneMlor. The Sponsor shall be deemed to be the "Generator", for record keeping and paperwork purposes, of ail Wastes accepted by SAFETY-KLEEN during the Household Hazardous Waste Program from residents of the Sponsor's service area. 8. Licenses. SAFETY-KLEEN certifies that: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT H:\LIBRAR11SoutWxktkAgreemenu%aiety K1tea-AGR.wpd Parr 3 SG-6 FEB-25-1999 16:15 LAW FIRM e17 332 4740 P.05i10 a. on the day of collection,it will have: i. valid Environmental Protection Agency("EPA")identification numbers for transportation and storage of hazardous and acutely hazardous wastes; and ii. a valid(state)permit for transportation of hazardous wastes. b. it shall select and utilize a designated facility in performing the services under this Agreement. It shall notify the Sponsor of the Designated Facility it will utilize and the Sponsor shall have the right to approve the facility selected by Safety-Kleen. Designated Facility means a hazardous waste storage,processing,or disposal facility which has received: i. An Environmental Protection Agency permit in accordance with the requirements of 40 Code of Federal Regulations Parts 270 and 124; ii. A permit from a state authorized in accordance with 40 Code of Federal Regulations Part 271, or iii. That is required under 30 Texas Administrative Code§§335.24(f),(g),or(h), relating to requirements for recycling of hazardous wastes. 9. Insurance. SAFETY-KLEEN certifies that it has and will maintain during the term of this Agreement, at least the fallowing insurance covering the services to be performed: a. General Liability Insurance-$2,000,000 minimum per occurrence combined single limit for bodily injury and property damage. b. Automobile Liability Insurance-$2,000,000 per occurrence combined single limit for bodily and property damage. This policy shall include pollution coverage; that is, it shall not have the pollution exclusion. Plus, the policy shall cover loading, unloading and transporting materials under this Agreement. C. Worker's Compensation - Statutory limits for Worker's Compensation plus employer's liability at a minimum of$500,000 each accident; $500,000 disease - policy limit; and $500,000 disease - each employee. d. Environmental Impairment Liabilitand/or Pollution Liability- $2,000,000 per occurrence. EIL coverage(s)must be included in policies listed in items A and B above;or,such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected HOUSEHOLD HAZAAWOUS WASTE COLL)LCT[o.s AGRiEKmNT H:U.IBRARYriSenth%kMgreemests�%fety IQeen.AGR.wpd ftV 4 5G-7 FEB-25-1999 16:15 LAW FIRM el? 332 4740 P.06/10 under the Contract project shall be included under the Automobile Liability insurance or other policy(s). e. The following shall pertain to all applicable policies of insurance listed above: i. Additional Insured Clause: "The City of Southlake, its officers, agents, employees,representatives,and volunteers are added as additional insureds as respects operations and activities of,or on behalf of the named insured." An equivalent clause may be acceptable in the discretion of the City of Southlake. ii. Subcontractors shall be covered under the Safety-Kleen's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Sponsor prior to the commencement of work and the Safety-Kleen shall deliver such to the Sponsor. iii. Prior to commencing work under the Agreement,Safety-Kleen shall deliver to sponsor insurance certificate(s) documenting the insurance required and terms and clauses required. iv. Each insurance policy required by this Agreement shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty(30)days prior written notice has been given to the Director of Public Safety, City of Southlake, 667 North Carroll Avenue, Southlake,Texas 76092." V. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of Sponsor. vi. The deductible or self-insured retention(SIR)affecting the coverage required shall be acceptable to the sponsor; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. 10. Title to Waste. Title to all identified Waste accepted by SAFETY-KLEEN at the site from residents of the Sponsor's service area for transport and disposal by SAFETY-KL.EEN shall pass directly from such residents to SAFETY-ICLEEN at the time of its acceptance. 11. may. SAFETY-KLEEN warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the transportation, treatment and disposal of Wastes. SAFETY-KLEEN further warrants that HOUSEHot,D E[AzApwo is WASTE COLLECr1ON AGREF-MENT H:MBRARY\SovthlskeUgrmmcntsiStfuy Kleen.AGR.wpd Tage 5 5G-8 FED-25-1999 16: 16 LAW FIRM 917 332 4740 P.07i10 it will perform all services under this Agreement in a safe,efficient,and lawful manner using industry-accepted practices,and in full compliance with all applicable state and federal laws and regulations. Sponsor warrants that it is in compliance with all applicable state and federal laws governing its activities under this Agreement, and that it is under no legal restraint or order which would prohibit transfer of possession or title of collected wastes to SAFETY-KLEEN or prohibit the servicing of such waste or SAFETY-KLEEN's performance of services under this Agreement. Sponsor will cooperate and/or assist SAFETY-KLEEN,as requested,with its defense,negotiation,adjustment and/or settlement of a claim against sponsor. 12. Indemnification. a. General Indemnification: SAFETY-KLEEN DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE SPONSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY,ORPERSONAL INJURY,AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT,WHEN SUCH INJURIES,DEATH,OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF SAFETY-KLEEN, ITS OFFICERS,AGENTS,OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF SAFETY-KLEEN,ITS AGENTS,OR EMPLOYEES,AND ANY OTHER PERSON OR ENTITY,INCLUDING SPONSOR. b. Environmental Indemnification:SAFETY-KLEEN DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE SPONSOR, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION,STORAGE,DISPOSAL,TREATMENT,RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE UNDER THIS CONTRACT,WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF SAFETY-KLEEN, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS OR THE JOINT ACT OR OMISSION OF SAFETY-KLEEN, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. "Environmental Damages" shall mean all claims,judgments, damages, liabilities, including strict liability, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith HOUSEHOLD HAZAR us WASTE COLLECTION AGREEMENT H 1LIBRARY1-%uthlshelAgrecmentsSsfety Kleen.AGR.wpd Page 6 5G-9 FEB-25-1999 16:16 LAW FIRM 917 332 4740 P.Oe/10 settlement or judgment,including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage,disposal,treatment,recovery,or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same. "Environmental Requirements"shall mean all applicable present and future statutes, regulations, licenses, approvals, plans, authorizations, and similar items of all governmental agencies,departments,or instrumentalities ofthe United States,states and political subdivisions thereof and all applicable judicial, administrative and regulatory decrees,judgments and orders relating to the protection of human health or the environment,including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act, and all requirements of the Environmental Protection Agency and the United States Department of Transportation. 13, Independent Contractor. SAFETY-KLEEN is and shall perform this Agreement as an independent contractor and,as such,shall have and maintain complete control ever all of its employees and operations. Neither SAFETY-KLEEN nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Sponsor. 14. MQdification. No modification of this Agreement shall be binding on SAFETY-KLEEN or the Sponsor unless set out in writing signed by both parties,except however,that after one (1) year, the Price List may be modified by SAFETY-KLEEN providing thirty (30) days written notice to the Sponsor. 15. Headings. The titles of the paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting the provisions of this Agreement. 16. Completeness of Agreement. This Agreement and any documents incorporated by reference herein contain all the terms and conditions agreed to by the Sponsor and SAFETY-KLEEN, and no other agreements,oral or otherwise,regarding the subject matter of this Agreement or any part thereof shall have the validity or bind any of the parties hereto. 17. When Rights and Remedies Not Waived. In no event shall the making by the Sponsor of any payment to SAFETY-KLEEN constitute or be construed as a waiver by the Sponsor of any breach of covenant, or any default which may then exist, on the part of SAFETY- KLEEN, and the making of any such payment by the Sponsor while any such breach or default exist shall in no way impair or prejudice any right or remedy available to the Sponsor with respect to such breach or default. Any waiver by either party of any provision or condition of this Agreement shall not be construed or decreed to be a waiver of any other HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT H:%IBRARrSoathlakelAgeeemeati Satety K1eee.AGRwpd Pa&e 7 SG-10 FEB-25-1999 16: 17 LAW FIRM 917 332 4740 P.09i10 provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition,unless such waiver be expressed in writing by the party to be bound. 18. Personnel. SAFETY-KLEEN represents that it has, or will secure at its owr expense, all personnel required in performing the services under this Agreement. SAFETY-KLEEN is and shall perform this agreement as an independent contractor, and as such, shall have and maintain complete control over all its employees and operation. 19. Nan-Discrimination Provision. During the performance of this Agreement, SAFETY- KLEEN agrees as follows: a. SAFETY-KLEEN will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of SAFETY-KLEEN. SAFETY-K.LEEN agrees to post in conspicuous places,available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. b_ SAFETY-KLEEN, in all solicitations or advertisements for employees placed by or on behalf of SAFETY-KLEEN, will state that SAFETY-KLEEN is an equal opportunity employer. C. Notices,advertisements and solicitations placed in accordance with federal law,rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 20. Notices. Any notices,bills,invoices or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail,postage paid,to the address noted below: If to Sponsor: DIRECTOR OF PUBLIC SAFETY CITY OF SOUTHLAKE 667 N. CARROLL AVENUE SOUTHLAKE, TEXAS 76092 If to SAFETY-KL.EEN: SAFETY-KLEEN (LaPorte),Inc. 500 BATTLEGROUND ROAD La PORTE, TEXAS 77571 Attn. Facility Manager with a copy to: SAFETY-KLEEN CORP. 1301 GERVAIS STREET- SUITE 300(29201) P.O.BOX 11393 (29211) COLUMBIA, SOUTH CAROLINA Attn: Legal Department HOUSEHOLD HAZARDOUS WASTE COLLECnOh AGREKMV�ff H:ILBBRARYLSautAlake\A`reemrataisafety jGen.AGR wpd Page B 5G-11 FED-26-1999 10:05 LAW FIRM e17 332 4740 P.02/02 Sponar shall give watten notice to SAFETY-KLEEN of a claim for indemnification under paragraph 12 of this Agmment within a reascmable time fallowing SponeWs first knowledge of the event or occurrence which givcss rise to that claim. Upon receipt of notiCG, and detemijzoon by 5AF=-KLMW that Sponsor has a valid claim for indemnifieadorl SAFETY-KLEEN sW1 havo the rOd to retain counsel to defend,oegotiste,adjust,and/or settle a claim against Sponsor and SAFMY-KLEEN will pay rc=nable anorney's fees and other litigation expenses. SA PETY-KLEEN has no obligation to indemnify sponsor when Sponsor does not provide timely notice of a elaira allowing SARI Y-KLEEN the timely opporhasity to deli,nzp sdjaA and/or settle the claim. 21. Coygap�ae Law. The Sponsor and $AFL'TY-KLEEN agree that the vati V and cow#raction of this Agreement shall be governed by the laws of the State of Te=, amd venue in any proceeding relating to this Agreement shall be in''arrant Colmty,Texas,unless required by law to be filed in federal.court. 22. Se_verability. If any eection, subsection, seatenee or clause of this Agre=cnt shall be adjusted illegal,invalid or upenforemble such Wpgality,iztvah ty,or unenforceability shall not affect the legality, validity or cnf6reeabi* of tins Agreement as a whole or of any section,subsection,same=or dame hereof not so adjudged. IN WITNESS WHEnOF,SPONSOR and SAFETY-KLBBKhava cxeauted.this A===t as of the day first written abovc;. SAFETY-KUlN(Wort4 Inc. MY of SOUTHLA B, SPONSOR By._ By: PrinicdName: f"ItE saNd cxac PrimedNme• Title: 612 1-17-/ r4 CA Titre; HOWEROU OAratu M WAM COLUCTM AGUeME[rr K:u.ianwaxcs�wfineu��,.�ys w.e..wet«�a tom; TOTAL P.02 5G-12 f City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Ben Henry, Park Planning and Construction Superintendent SUBJECT: Change Order # 1 to American Tennis Court Contractors for change in surface materials for tennis courts at Bicentennial Park Action Requested: City Council approval of Change Order # 1 for an additional $13,000 for two coats of acrylic resurfacer in addition to current surfacing specifications for tennis courts under construction. Background Information: SPDC approved Bid Package #2 to American Tennis Court Contractors for all Phase II court construction in the amount of $851,019. Current specifications, considered to be a mid-grade surface, call for Concrete Preparer (acid etch) to be followed by Plexibond Coating (bonding agent) and Fortified Plexipave (surface paint). The proposed sequence, a four layer preferred grade of court surfacing, would add two coats of Acrylic Resurfacer (filler coat) prior to the two coats of Fortified Plexipave (surface paint). The benefits of the Acrylic Resurfacer would be to: • extend the surface paint life due to wear by providing a consistent surface texture and provide some measure of cushion to tennis play. • enrich the color appearance for a longer time because of the black pigmentation. The life of the court surfacing with the additional layers, is expected to be five (5) years. As currently specified, the life expectancy of the paint would be two to three years. L\PARKREC\B0ARDS\CC\C01-SU-1.D0C Curtis E. Hawk, City Manager February 26, 1999 Page Two Financial Considerations: Staff is reviewing potential deduct change orders brought forward by the contractor. Items include painting the basketball court perimeter in lieu of sandblasting and accepting a material change for all handrails. These deductions could amount to approximately $7,000. The additional cost of this change order can be funded from the $60,000 currently allocated to Lonesome Dove Park for the establishment of athletic practice areas. Citizen Input/ Board Review: Surface conditions are a consideration in hosting tournament play. SPDC considered this item at its February 22, 1999 meeting and approved 7-0. Legal Review: Not Applicable. Alternatives: Manufacturers recommend a minimum four layer surface application. Staff considered all combinations of surfacing products and compared against the better Tennis Complexes in the area. The application suggested meets the preferred standard for the least material cost. Supporting Documents Change Order # 1. Staff Recommendation: Approval of the two coats of acrylic resurfacer for each of the thirteen (13) Tennis Courts at $500 per court per layer for a total of$13,000. BH Approved for Submittal to City Council: City Manager's Office L:\PARKREC\BOARDS\CC\COI-SU-I.DOC �,�-a CHANGE ORDER Nod Dated: February 17, 1999 Project Bicentennial Park Phase II-Bid Package 2 OWNER City ofSouthlake Contract For _Court Construction Contract Date September 15, 1998 To: American Tennis Court rt ontractors Inc Contractor You are directed to make the changes noted below in the subject Contract: City of Southlake Owner By Dated , 1999 Nature of Changes: • Include with the current specifications, two coats of Acrylic Resurfacer per manufacturer recommendation for each of the thirteen (13) tennis courts. Remove Following Items From Contract: Quantit Unit Price Total 1) n.a. Total Deleted = $ 0.00 Additional Work to be Constructed uanti Unit Price Total 1)Apply two coats of Acrylic Resurfacer per manufacturer 13 $1,000 $ 13,000 Total Added = $ 13,000.00 Subtotal= $ 13,000.00 Total Amount Change Order= $ 13,000.00 Page 1 of 2 These Changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ 851-019.00 Net Resulting from This Change Order $_ 13-000.00 Current Contract Price Including This Change Order $ 864-019.00 NSPE-ASCE 1910-8-B(1978 Edition) Contract Time Prior to This Change 150 calendar days Net Resulting from This Change Order 0 Current Contract Time Including This Change Order 150 calendar days The Above Changes Are Approved: Shana K. Yelverton Assistant City Manager By Date , 1999 The Above Changes Are Accepted: American Tennis Court Contractors Inc. Contractor By Date , 1999 Page 2 of 2 City of Southlake, Texas MEMORANDUM February 26, 1999 I TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a Professional Services Agreement with Landata Geo Services for the orthophotography and topographic mapping for the Drainage Master Plan Action Requested: City Council approval for the Mayor to enter into a Professional Services Agreement with Landata Geo Services. Background �u��uiativii: The original digital ortho database of the City was provided in 1994. During Phase I of the Drainage Master Plan it was determined that more detailed topographic information was needed to create accurate drainage maps. (The original digital orthos were intended to have planning accuracy, not engineering accuracy.) Four requests for quotes were sent to aerial photogrammetry services to provide the required digital orthos. Quotes were received from Landata Geo Services ($107,405.00) and Dallas Aerial Surveys ($138,000.00.) The Dallas Aerial Survey quote included services from GBW Engineers, Inc. which was one of the four firms contacted. The information will be provided in a format that will overlay our existing GIS mapping and increase the detail and accuracy of our system. This will provide more accurate locations of the City's infrastructure, such as water, sewer, and drainage appurtenances. The aerial photogrammetry will also be used to provide detailed topographic maps of the City (2' contours). The detailed topographic maps will be used by staff and consultants to analyze drainage areas, design or implement drainage and sanitary sewer improvements, and for planning purposes. Financial Considerations: The quote from Landata Geo Services is in the amount of i $107,405.00. The FY 98-99 budgeted amount is $200,000.00. 5I-2 Citizen Input/ Board Review: Not applicable Legal Review: Under current state statutes, it is not necessary to obtain sealed competitive bids for certain professional services. The attorneys determined that this type of service falls under a professional service. Alternatives: Land base surveying, which would be labor intensive and thus cost substantially more and take more time to complete. Supporting Documents: Request for Quotes from 2 firms: Landata Geo Services and Dallas Aerial Surveys, for review but not attached. Staff Recommendation: Staff recommends authorizing the Mayor to enter a Professional 5:,i 1CCS Agrcc��cnt v;ith Landata Geo Services for digital orthophotography and topographic mapping. Please place this on the March 2, 1999 Regular City Council Agenda for review and consideration. BW/th Approved for Submittal to City Council: Ci 'n ger's ice 5I-2 e City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Resolution No. 99-06, recognizing the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, appointing Mocha to the position of Arson Canine. Action Requested: Recognize the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, and appoint Mocha to the position of Arson Canine. Background Information: The Southlake Department of Public Safety acquired its first canine in February of 1992, which City Council approved with Resolution No. 92-33. The canine division of Police Services is used for the apprehension of criminal offenders, the detection of narcotics, and the locating of lost persons. The canine division in Police Services has demonstrated effectiveness through numerous arrests and seizures. The State Fire Marshal's office operates a canine program and has asked us to join them in training to provide a standard approach to arson investigations through the state. The creation of a canine position in Fire Services allows the opportunity to suppress and deter arson, fraud, and assist in locating lost persons. Financial Considerations: Mocha is acquired through Corporal Ron Wyrick (Southlake DPS canine trainer) at a minimal cost to the City for care and upkeep. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: Not applicable Supporting Documents: Resolution No. 99-06 Memo from Garland Wilson, Deputy Director of Fire Services 5J-1 Curtis E. Hawk February 26, 1999 Page 2 Staff Recommendation: Place Resolution No. 99-06, recognizing the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, appointing Mocha to the position of Arson Canine, on the March 2, 1999 City Council meeting agenda for approval. BC/gw Approved for Submittal to City Council: City Atua s fi SJ-2 City of Southlake, Texas MEMORANDUM February 4, 1999 TO: Billy Campbell, Director, Department of Public Safety I FROM: Garland Wilson, Deputy Director, Fire Service Subject: Res. 99-06, recognizing canines as an official position with the Department of Public Safety, Fire Services Division. i Fire Service's mission is to dedicate ourselves to educating the community, while improving our efforts to provide for the safety and welfare of the public through the preservation of life, property and the environment. I Fire Services has the obligation to detect and pursue the cause or origin of all fires in i the City of Southlake. To meet this challenge we began working with Ron Wyrick (canine officer) in Police Services two years ago. Ron has diligently worked with Fire j Service to acquire a certified accelerate detection dog (Mocha). Without his guidance and support we could not achieve our goal of owning an accelerate detection canine. He also assisted Fire Service in choosing Mike Dunn (Public Safety Officer) from a field of four candidates to be Mocha's trainer and handler. Mocha's presence should deter arsonist and fraudulent insurance claims in the City Of Southlake. Fire Service is currently a member of the arson task force for Northeast Tarrant County. Mocha allows us to be well represented and enhance the arson task force team's ability to detect and deter accelerate use in Northeast Tarrant County. The success of the canine program is another example of the Department of Public Safety concept surpassing the normal and achieving the unexpected; providing the residents of Southlake with superior customer service. Please contact one of the canine officers or myself for questions or comments you may have. Gw/gam SJ-3 t RESOLUTION NO. 99-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, RECOGNIZING THE CANINE AS AN OFFICIAL POSITION WITHIN THE SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES DIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the interest of the citizens of the City of Southlake to provide Public Safety Services in the detection of arson, the apprehension of criminal offenders, and the locating of lost persons; and, WHEREAS, canines have demonstrated their ability to assist in such public safety endeavors; and, WHEREAS, the Southlake Department of Public Safety has established policy guidelines governing a canine program. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The position of a Canine is hereby recognized an official position within the Southlake Department of Public Safety Fire Services Division structure. Section 2. The position of the Canine shall be governed by the policies, rules, and regulations as established by the Director of Public Safety and the applicable State and Federal Regulations. Section 3. Mocha is hereby appointed as Arson Canine. Section 4. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED this the day of , 1999. CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary SJ-4 Cite of Southlake, Texas %IE '10RANDU \1 February 26. 1999 TO: Curtis E. Hawk. City Manauer FROM: Billy Campbell. Director of Public Safety SUBJECT: Appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety, Police Services Division. Action Requested: Appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety, Police Services Division, in accordance with Chapter 15, Section 15-55, of the Southlake City Code. Background Information: Persons desiring to join the Police Reserve must meet all the training, qualifications and regulations that apply to paid sworn officers. Only citizens of the City of Southlake or employees of the City are considered for such appointment, unless they possess certain skills that would benefit the department. Cavin Riggs is currently working for the City of Southlake in (bw the Public Works Department. Cavin became interested in Police work, enrolled in the Police Academy, and graduated in September 1998. He has passed testing with the Texas Commission on Law Enforcement Officers Standards and Education and has obtained his Basic Peace Officer license. He has also successfully completed all background and pre-employment testing requirements. Cavin's dedication and mind for detail will be an asset to the Southlake Department of Public Safety. Financial Considerations: None. Volunteer Reserve Police Officers donate their time and skills for the citizens' benefit in lieu of pay. Citizen Input/ Board Review: No citizen input has been received. Cavin passed the Hiring Board review process and was recommended by the Deputy Director of Police Services to the Director of Public Safety for appointment, subject to City Council approval. Legal Review: None Alternatives: Not applicable Supporting Documents: None SK-1 Curtis E. Haack February 26, 1999 Page 2 Staff Recommendation: Place the appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety on the March 2, 1999 City Council meeting agenda for approval. BC/bls Approved for Submittal to City Council: - cc-t- City Man 's f ice SK-2 y City of Southlake,Texas MEMORANDUM February 24, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution No. 99-15, Rescheduling the March 16, 1999 regular City Council meeting to March 23, 1999. Action Requested: City Council approval of Resolution No. 99-15, rescheduling the March 16, 1999 regular City Council meeting to March 23, 1999. Background Information: Section 2.09 of the City Charter provides that "...the Council may: 1) cancel or move a regular meeting to another day by posting a 72-hour notice in accordance with the Texas Open Meetings Act giving notice of either action..." The second regular Council meeting in March falls during Spring Break which will make it difficult, if not impossible, to assemble a quorum of City Council for the meeting. Likewise, holding a meeting during Spring Break would potentially adversely impact the ability of Southlake residents to attend or participate in the meeting. As such, we have discussed the option of moving the March 16 meeting to Tuesday, March 23. Financial Considerations: Not applicable. Citizen Input/ Board Review: Not subject to Board review. Legal Review: Not applicable. Alternatives: Council is not required to reschedule the meeting. Supporting Documents: Resolution 99-15 Staff Recommendation: City Council approval of Resolution No. 99-15, rescheduling the March 16, 1999 regular City Council meeting to March 23, 1999. Approv or rta to City Council: City Mana r s CRY of South)",Texas RESOLUTION NO. 99-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE RESCHEDULING THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR TUESDAY, MARCH 16, 1999 TO TUESDAY, MARCH 23, 1999. WHEREAS, Tuesday, March 16, 1999 is the date of the regular scheduled City Council meeting for March 16, 1999 which falls during the spring break vacation week scheduled by local school districts; and WHEREAS, the Charter of the City of Southlake was, amended by the voters on May 2, 1998, authorizing the City Council to cancel or move the date of a regular City Council meeting by posting a 72-hour notice in accordance with State law; and WHEREAS, the City Council of the City of Southlake believes it is appropriate to avoid any scheduling conflicts with the spring break vacation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SOUTHLAKE, TEXAS: SECTION 1. The regular City Council meeting scheduled for Tuesday, March 16, 1999 is hereby moved to Tuesday, March 23, 1999, and the City Secretary is directed to post a 72-hour notice in accordance with state law of the rescheduling of the meeting. SECTION 2. This rescheduling shall apply only to the regular City Council meeting of Tuesday, March 16, 1999. PASSED AND APPROVED ON THIS DAY OF , 1999. ATTEST: Mayor Rick Stacy andra L. LeGrand City Secretary WMD-FlL S'%RFSOLM99-IS-Rewboduk 3-16 w 3-23.J—lb � -a City of Southlake, Texas MEM0RANDIU February 25, 1999 TO: City Manager Curtis E. Hawk FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-14, Calling Special Election for May 1, 1999 Action Requested: Approve Resolution No. 99-14, calling a special election for May 1, 1999 for the purpose of a Traffic Management Bond Issue. Background Information: City Council, at the 1998 June Retreat, discussed the concept of improvements to the intersections along F.M. 1709 and along S.H. 114. Because of the continual ��+rrPocP in traffi(- nn FM. 1709 and the impending construction on S.H. 114, improvements to the City's intersecting streets is becoming critical to safety and effectively managing the traffic along these highways. In order to have this issue on the ballot for the May 1, 1999 election a Special Election must be called prior to March 17, 1999. By calling the Special Election by resolution, it does not create the time crunch as it would if the Special Election were called by ordinance. During the Special City Council meeting held on February 23, 1999, Council directed staff to proceed with the election splitting the bond issue into three propositions. I spoke with Director of Public Works, Bob Whitehead and it was suggested the propositions be presented as follows: Proposition 1, Traffic Management Improvements $17.3, Proposition 2, S.H. 114 Urban Design Enhancements $2.15, and, Proposition 3, Hike, Bike Trails $4.73 million. Council may change the propositions somewhat, however, the wording in the resolution must be specific, as it will appear on the ballot as described in the resolution. The procedures for the Special election are outlined in the resolution, including precinct numbers, hours of voting, voting locations, appointment of election judge and I alternate judge, days for early voting and other election procedures. Financial Consideration: There will be additional financial charges as the result of a Special Election, in that additional charges will result in the advertisement of the resolution calling the election in the Fort Worth Star Telegram. The charges for the legal notices will range from$1800 to $2500. The notice is published twice, seven days apart. There should be no additional costs above the normal costs to hold an election. Legal Review: I have been in contact with bond counsel at Fulbright & Jaworski on this election notice. Staff Recommendation: Staff recommends that the City Council approve this resolution at the March 2, 1999 City Council meeting. Appro a Su 'ttal to City Council: City Mana 'sfibe Sf?1 - 2� 02/26/99 17:10 '0214 855 8200 F & J, L.L.P. Q 002/004 RESOLUTION NO. 99-14 A RESOLUTION! ordering a bond election to be held in the City of Southlake, Texas,making provision for the conduct of the election and resolving other matters incident and related to such election_ WHEREAS,the amity Council of the City of Southlake, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amount:: and for the purposes hereinafter identified; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: An election shall be held on the 1st day of May, 1999 in the City of Southlake,Texas,which date is not less than fifteen(15)nor more than ninety(90)days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section 41.001, for the purpose of submitting the following measures: PROPOSITION NUMBER 1 of the City of Southlake, Texas, be authorized to issue general obligation bonds of the City in the principal amount of$17,300,000 for permanent public improvements and public purposes, to wit street improvements (intersections), including right-of-way acquisition, drainage, curb, gutters, landscaping, utility line relocation and traffic signalization; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise)as shall be determined within the discretion of the City Council at the time of issuance or sale of the bone s; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual Interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of Southlake,Texas, be authorized to issue general obligation bonds of the City in the principal amount of$2,150,000 for permanent public improvements and public purposes, to wit:street improvements (design enhancements to State Highway 114 interchanges, including material selection, paving, signage and bridge railing); such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" 723645.1 02/26/99 17:11 0214 855 8200 F & J, L.L.P. (6003/004 PROPOSITION NUMBER 3 "SHALL the City Council of the City of Southlake, Texas, be authorized to issue general obligation bonds of the City in the principal amount of$4,730,000 forpermanent public improvements and public purposes,to wit:park improvements (hike and bike trails); such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any pries or prices and to bear interest at any rate or rates(foxed,floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds;and whether ad valorem taxes shall be levied Ripon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" SECTION 2: Electronic optical scan voting system shall be used on the day of the election and shall be us ed for early voting by personal appearance and by mail. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either"FOR"or"AGAINST"the aforesaid measures which shall appear on the ballot su':)stantially as follows: PROPOSITION NUMBER 1 "THE IS%SUANCE OF$17,300,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS (INTERSECTIONS)" (awl PROPOSITION NUMBER 2 "THE IS:3UANCE OF$2,150,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS(DESIGN ENHANCEMENTS TO STATE HIGHWAY 114 INTERSECTIONS)" PROPOSITION NUMBER 3 "THE ISSWANCE OF$4,730,000 GENERAL OBLIGATION BONDS FOR PARK IMPROVEMENTS (HIKE AND BIKE TRAILS)" SECTION 3: The entire City shall constitute one election precinct for this election and the Johnson Elementary S,thool, 1300 North Carroll Avenue,Southlake,Texas is hereby designated the polling place. The persons hereby appointed to serve as the election officers at said polling place are as follows: KAREN CIENKI PRESIDING JUDGE ALOHA PAYNE ALTERNATE PRESIDING JUDGE n3645.1 2 02/26/99 17:11 *0214 855 8200 F & J, L.L.P. R 004/004 r The Presiding Judge shall appoint not less than two (2) nor more than six (6) quaiified clerks to serve and ass st in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. Early voting shall be conducted at the City Secretary's office, 1725 East Southlake Blvd_, Southlake, Texas 76092, in accordance with the provisions of V.T.C.A., Election Code. Early voting for this election shall begin Wednesday,April 14, 1999 and end Tuesday,April 27, 1999, and the hours designated for early voting by personal appearance shall be from 8:00 A.M.to 5,00 P.M.on each day,except Saturdays,Sundays and official State holidays;provided,however,early voting by personal appearance at such location shall occur on Saturday,April 24, 1999,from 8:00 A.M. to 5:00 P.M. For purposes of processing ballots cast in early voting,the precinct election officers serving at the aforesaid polling place shall serve as the early voting ballot board for this election. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and Chapter 1 of Title 22, V.A.T.C.S., and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A. substantial copy of this resolution shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen(14)full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty(30)days and not less than fourteen (14)full days prior to the day of the election. PASSED AND,APPROVED, this the 2nd day of March, 1999. City of Southlake, Texas Mayor, Rick Stacy ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: (City Seal) City Attorney 723645.1 3 SYYI-� f City of Southlake, Texas MEMORANDUM February 19, 1999 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 98-68-A, Clarifying the terms of office for the Joint Drug and Alcohol Awareness Committee, and amending the appointments for sub- committee members. Action Requested: Amendments to the Resolution No. 98-68, which created the Joint Drug and Alcohol Awareness Committee, to clarify the terms of office for the committee members and amend the appointments for the sub-committee members. Background Information: Resolution 98-68, creating the Joint Drug and Alcohol Awareness Committee with the Carroll Independent School District and City Council, was approved on October 6, 1998 by the City Council. The previous committee determined that the best potential for developing new and effective initiatives to combat this growing problem is to include all aspects of the community in this effort. Therefore; the new Joint Drug and Alcohol Awareness Committee includes eleven voting members, and formally creates sub-committees to ensure full representation from the community. After the first meeting of the Joint Drug and Alcohol Awareness Committee, the group discussed the appointments of sub-committee members. The committee discussed the practicality of the committee appointing members to the various sub-committees instead of the City Council and CISD Board of Trustees. The committee members believe that they can effectively select individuals who are to help them' accomplish their goals. Granting the committee this responsibility will give them the ability to actively recruit citizens to get involved. Resolution 98-68 establishes two year terms for the committee appointments with six members appointed each odd-numbered year and five members appointed each even numbered year. During the appointments of the committee members, the terms of office were not established in the resolution. Resolution 98-68-A establishes the terms of office for the committee members with five positions expiring in May, 2000, and six positions expiring in May, 2001. This resolutions allows the City Council to identify the terms for each of the committee positions. S � l Curtis E.Hawk February 26, 1999 Page 2 Financial Considerations: Not Applicable. Citizen Input/ Board Review: The changes regarding the sub-committee appointments are recommendations from the Joint Drug and Alcohol Awareness Committee. Legal Review: Not Applicable. Alternatives: The City Council could retain the ability to appoint the sub-committee members as originally defined in Resolution 98-68. Supporting Documents: Resolution No. 98-68-A. Joint Drug and Alcohol Awareness Committee Roster. Staff Recommendation: Please place this item on the March 2, 1999 City Council Agenda. Approved for Submittal to City Council: City ge 's Offi ��a City of Southlake, Texas RESOLUTION NO. 98-68-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION 98-68 CREATING THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE TO CLARIFY THE TERMS OF OFFICE AND AMENDING THE APPOINTMENTS FOR SUBCOMMITTEE MEMBERS. GRE^�j4 ^ rnTATT DRUG AND A T nnunr CQU NrGib REPRESENTATIVES; EST A 13T 1914 AT(_ RESP 721 SIBIT ITI S OF THE COMN44TTEE; AND DDW7TT ING AN EFFECTIVE DATE. TE WHEREAS, the City Council of the City of Southlake, Texas, deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; and, WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint Drug & Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and WHEREAS, the best potential for developing new and effective initiatives to combat this growing problem is to partner youth, parents, the schools and city officials, and other civic leaders working together; and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City, CISD and the community to recommend initiatives and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The Resolution No.98-68-A Page 2 (OW, committee shall be composed of the following members who will participate as voting members: (a) Two members of the City Council, appointed by the City Council; (b) Two members of the School Board, appointed by the School Board; (c) Two members of the community at large, appointed by the City Council; (d) Two members of the community at large, appointed by the C.I.S.D. Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from m the community. Each sub-comittee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. The Joint Drug and Alcohol Awareness Committee shall appoint members appointed to the sub-committees should and may include, but not be limited to the following individuals: (a) Three (3) members appointed by the Beafd of T-sistees from each of the following schools: Carroll High School, Carroll Junior High School, Carroll Middle School, Carroll Intermediate School, and Durham Intermediate School to be drawn from the administration, coaching staff, teachers, nursing staff and counselors; (b) PTSO representation from the four schools mentioned above, appointed by the Beat l of T ustees; (c) DARE Officers, appein4ed by the City Gouneil; (d) School Resource Officers, appointed by the Git , GA= il; (e) Amiaimtffn of twelve u atat:, o ranging f em (OW, stude_nts; �� y Resolution No.98-68-A Page 3 fees. Members from the Southlake Youth Action Commission, the Youth Park Board, various school related organizations, and any other ,youth representatives should be invited to participate; (f) Heath care professionals including doctors and/or nurses specializing in the field of addition (ie: addictionologist, psychiatrist, etc.), appointed by the City Couneil-I (g) Representatives from social services agencies, churches, and other community groups and organizations, appointed by the City CAU3611. Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: 1. Councilmember Debra Edmondson 2. Councilmember Gary Fawks Section 3: Qualifications and Terms: The Committee members shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms, provided six (6) members shall be appointed each odd-numbered year and five (5) members be appointed each even-numbered year. Members shall serve until their successors are appointed. Places on the Committee shall be numbered one (1)through eleven (11). 1. Councilmember, two year term - expires 5/2001 2. Councilmember, one year term - expires 5/2000 3. CISD Board Member, two year term - expires 5/2001 4. CISD Board Member, one year term- expires 5/2000 5. Citizen at-large, appointed by City Council, two year term - expires 5/2001 Resolution No.98-68-A Page 4 6. Citizen at-large, appointed by City Council, one year term- expires 5/2000 7. Citizen at-large, appointed by CISD, two year term - expires 5/2001 8. Citizen at-large, appointed by CISD, one year term- expires 5/2000 9. Member of Southlake Chamber of Commerce, two year term - expires 5/2001 10. Member of Southlake Chamber of Commerce, one year term- expires 5/2000 11. Member of Mayor's Advisory Committee, two year term - expires 5/2001 The City-Eotmeil and Board of T-F s« Joint Drug and Alcohol Awareness (aw" Committee shall appoint sub-committee members to participate in the effort of the Join Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. Section 4: Ex-officio members: The C-o-C-ouneil Joint Drug_and Alcohol Awareness Committee may appoint persons to serve as ex-officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex-officio members may include the following: (a) One Licensed Chemical Dependency Counselor(LCDC); (b) One professional from the Juvenile Justice System; (c) One professional from the Drug Prevention Program; (d) One member of the Federal Drug Enforcement Agency. Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- chairpersons including one City Council member and one C.I.S.D. Board of Trustees ,, member. The committee shall also select from the members a secretary. Each officer Resolution No.98-68-A Page S shall serve for one-year terms or until their successors are elected. The Committee shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (a) Regular meetings shall be held on a specified day of each month. (b) Manner of holding and calling of special meetings. (c) A quorum will be comprised of the majority of all voting members present at the meeting. This major-ivy will be s eh anumber- eempet:eat—to tfansaet=nea bu-sin-eass of theeew.,nittee—vith a (d) Members not planning to attend a regular meeting or special meeting shall notify one of the co-chairpersons of the committee by 12:00 o'clock noon of the meeting day. (e) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Committee shall be reported to the City Council and C.I.S.D. Board of Trustees, which may, at their discretion, remove the Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary. Section 6: Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and alcohol use, (c) Research and apply for grant funds to support the Committee's efforts. Section 7: Approval of the City Council and/or C.I.S.D. Board of Trustees, or their respective designees upon proper authorization, is required prior to the implementation of Committee recommendations for action. J-Al- 7 Resolution No.98-68-A Page 6 Section 8: This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of , 1999. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary /V ' S City of Southlake,Texas JOINT DRUG AND ALCOHOL AWARENESS CO E Established by Resolution No. 98-68 ' (4w-members Term to Expire Debra Edmondson, Co-Chairman, City Council appointee 1306 Plantation Drive Home: 488-3144 Southlake, Texas 76092 Doug Strickland, Co-Chairman, CISD School Board appointee 1027 Diamond Blvd. Home: 488-0793 Southlake, Texas 76092 i { Gary Fawks, City Council appointee Home: 424-1999 330 Ravenaux Drive Southlake, Texas 76092 Howard Addison, CISD appointee Home: 379-0422 1796 Kingswood Southlake, Texas 76092 Jacky Brooks-Lawrence, City Council appointee Home: 481-6101 ( 901 E. Highland M�outhlake, Texas 76092 I Brad Bartholomew, City Council appointee Home: 421-5076 j 1004 Hidden Knoll Ct. Southlake, Texas 76092 Margaret Melton, CISD appointee Home: 488-9361 1680 S. Brumlow Southlake, Texas 76092 Roxane Matela-Berenbeim, CISD appointee Home: 424-5607 610 Fairway View Terrace Southlake, Texas 76092 Bob Hamilton, Chamber of Commerce appointee Work: 488-8162 P.O. Box 2569 Grapevine, Tx 76099 Joey Milner, Chamber of Commerce appointee Work: 481-6679 651 E. Highland { outhlake, Texas 76092 � - 9 City of Soue"im,Texas Joint Drug and Alcohol Awarness Committee Page 2 Pastor Bruce Colbert, Mayor's Advisory Committee appointee Work: 488-8698 940 S. Carroll Avenue Southlake, Texas 76092 -------------------------------------- Staff Support Shelli Siemer Work: 481-5581,ext. 806 Assistant to the City Manager City of Southlake, City Manager's Office staff liaison 1725 E. Southlake Blvd. Southlake, Texas 76092 Gary Gregg, Deputy Director Police Services Work: 481-5581, ext. 733 City of Southlake, DPS staff liaison 667 North Carroll Avenue Southlake, Texas 76092 Elizabeth Rowland, Ed. D., Coordinator Special Services Work: 3.29-2934 CISD Superintendent Office staff liaison Professional Learning Center 801 Shady Oaks Drive Southlake, Texas 76092 I Sean Leonard, Municipal Court Administrator Work: 481-5581, ext. 832 City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Updated 1/99 fitA W P-FILES\I ists\JD&A99PUB.doc City of Southlake, Texas i STAFF REPORT February 26, 1999 CASE NO: ZA 99-005 PROJECT: Ordinance No. 480-306/First Reading/ Rezoning/Proposed Lot 1, Larkin H. Chivers Addition i I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tract 1 A 1 situated in the Larkin H. Chivers Survey,Abstract No. 300,and being approximately 9.996 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: On the east side of North White Chapel Boulevard approximately 370' south of East Dove Road. OWNERS: Trigg and Traci Moore I APPLICANT: Gene Campbell, Inc. CURRENT ZONING: "AG" Agricultural District I REQUESTED ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eleven (11) RESPONSES: Two (2) responses were received from within the 200' notification area: • Lisa and Bobby Rawls, .165 E. Dove Street, Southlake, TX, in favor. (Received February 16, 1999.) • Phyllis Skinner, 315 K Dove Street, Southlake, TX, in favor. (Received February 22, 1999.) P&Z ACTION: February 18, 1999; Approved (7-0). STAFF COMMENTS: Please note that a change of zoning to the "RE" Residential Estate District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-005Z.WPD , 0, ' i 1 Ram toy ��` -` v 15 A-120 �2m rRm uo 4?A4 tR 3 16»AC I to za Mg TR f4',UAB II 494!c �LV� ��,. Xx Ac 242 Ac M I \ 696 AC rail M IG 2623 AC Z Sfl iCl 24�AC \ IGt TR iflEl M IVR cm � `� Ia ARTIN �� $ tR = VEY A-35 Sly Y A-113\ �`= TR lC1A R M ;c �� - , i �► �' tot �Mzn 121 Ac zDI 77AC 9.03AC Mu "0Ac fl0 Ac tR Mt MG to to a iR>mn Filme+zr Ac TR v .. 122 LB M TR elm n� TAG I uut" ifll V�vv ( 569Ac fRiA18 ;M 13 K %w AC M >a� � .WEST �'� "` 48� i 2 211 �� ix let k ZA2 ea7 Ac VEY A-1620 20A AC M n p4 f \ I �\ to lA TR 2 to� '� UCHIVE S A.CHIyf IRS 24S25 AC W SURVEY 300 " S' RVEY A-299 ------- ------- i8 2D ( M 6C tR 3A4 50 k M M M IA 545 AC , ix 3 1Q 2G • � �'� Tx 9 to t8 3Al (Ofl0 AC TR?J �,F,'v. l tR 96�f AC tR 2H 57 be 3 M 6r tE 2F 8 Ac TR a to 81 to 302 M Z to 4At 5s Ac 60 TR 3A58 AC it M O 13 4L.LiL. MzA 11 ec 18 2£lR a�� tg\� 643 Ac M TR ID TR 0!c �+ 63 AC er TR MA 2L0 Ac M 4 TR TRACT MAP 33 a us 2 w 9M4 AC R' ° e fl7 Ic a aav 171 Ac 2612 a y6 p C a s 5-D —� 35616 AC AN AC Zi515 eC 214 At \C \CQV %a Ac s ti k 3A2 c",o\- 1 .•tea! _____--,--r � I I I � o cN��EEY 9RAC D I SCR 350 A I TR 1D1 1.03 AC TR IF 32.231 TR 1J1 -R 1 F 2 AC TR 1J I n " F, ,.,s AC CITY OF JJ ", � SF-1 A SOUTHLAKE A - - - - I w W w - - I J m U ? Z 3 o Q � I a C .4 I D. MULLIKIN � V m m 0 cli M I m AI _ � I W I I F "AG" „S_P_2p xl z I l lAl � f( 10 TR 1 A3 11 .33 AC WESTERRA I I SOUTHLAKE LP I #@AG" H. WAYLAND I I W. DAVIS I dvo I ° o ° 5 I i ADJACENT OWNERS HAND ZONING I 5"-3 A �En I ,r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-306 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED AS TRACT lAl SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300,AND BEING APPROXIMATELY 9.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM''AG"AGRICULTURAL DISTRICT TO "RE SINGLE FAMILY 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 LACITYDOMORDTASM480-306.WPD �D Page 1 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 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, SD�S� L:\CITYDOCS\ORD\CASES\480-306.WPD Page 2 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 nec essity 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 L:\CITYDOCS\ORD\CASES\480-306.WPD Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract lAl situated in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 9.996 acres,and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family 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 L:\CITYDOCS\ORD\CASES\480-306.WPD SO " Page 4 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 decla red 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 LACITYD0CS\0RD\CASES\4W306.WPD �� g Page 5 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 , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCY,ORD\CASES\480-306.WPD SD• Page 6 PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITYDOCS\ORDICASES\480.306.WPD Page 7 EXHIBIT "A" SITUATED in the City of Southlake, Tarrant County, Texas, and being a tract of land in the LARKIN H. CHIVERS SURVEY, Abstract No. 300, and being that same tract Of conveyed to Trigg D. and Traci D. Moore by deed recorded in Volume 13447, 04619e of the Tarrant County Deed Records, and said tract being more fully` described at follows: ' BEGINNING at the northwest corner of said Moore tract in the center of North White Chapel Boulevard (County Road No. 3016), said point being by description In the,west line of said Chivers Survey, 415.28 feet South from the northwest corner of said survey, and being also In the east line of the James J. West Survey, Abstract-No. 11620; THENCE North 89 degrees, 44 minutes, 50 seconds East (base bearing from adjacent plat) with the north line of said Moore tract, at'25.3 feet passing a 5/W pipe found4n:*' place in the east line of said road, at 42.0 feet passing the southwest corner of tot 14L Block 1, Amaya Addition, as shown on plat thereof recorded in Volume 388-170, Pam 32, of the Tarrant County Plat Records, and continuing with the south fine of said lot 1-$ and Lots 2R-i and 2R-2, said Block 1, as shown on plat in Cabinet A. Slide 1320. sold,Plat Records, lots 3-A and 3-B, in said Block 1,as shown on plat in Volume 388-149, PageP, of said Plat Records, and lots 4R-1 and 4R-2, in said Block 1, as shown gn plat in Cqk*- t A. Slide 1625, of said Plat Records, in all 956.26 feet to a 1/2" pipe found in-pkrcerfor they northeast comer of said Moore tract and a northwest comer of that certain I... t conveyed to Howard Brian Wayland by deed recorded in Volume 7438, Poge,874 of;+ said Deed Records; _ THENCE South 0 degrees, 16 minutes West with the east line of said Moore tract and a west line of said Wayland tract, 455.75 feet to a 1/2" iron rod found in place for the southeast comer of said Moore tract and an "L" comer in said Wayland tract; THENCE North 89 degrees, 42 minutes. 20 seconds West with the south line of said tract,with the most southerly north One of said Wayland tract, passing,the'"st j northwest corner of said Wayland.4ract and the northeast corner of f dir- conveyed to Wilbt m George 0Dwls as-,-Trget 3 in deed-recorded in � k 633, of sold Deed Records, continuing vOth the north line of said Davis ; y passing a 60d nail in sold east One of North White Chapel Boulevard,rn�confln lq#'1'a all 955.98 feet to the southwest comer of said Moore tract in said centii Wro6d-and y description being in the west Gne of said Chivers Survey, ' THENCE North 0 degrees, 13 minutes, 30 seconds East in said road, h the,we# said Moore tract Md y,o * „> said tivest P►ne of the .�iirw 455.07 feet to the f OF ' 1�.qn�i 9.9960 a�f 2 �i L:\CITYDOCS\ORD\CASFS`480-306.WPD Page 8 4 t City of Southlake, Texas I STAFF REPORT February 26, 1999 CASE NO: ZA 99-001 PROJECT: Ordinance No. 480-303 /Second Reading/ Rezoning - Tracts 8A11 and 8AM/Thomas M. Hood Survey/Abstract 706 j I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 j i REQUESTED ACTION: Zoning Change on property legally described as being Tracts 8A11 and 8A15 situated in the Thomas M. Hood Survey,Abstract No. 706, and being approximately,4.878 acres. I PURPOSE: In order to process a plat on the property. LOCATION: On the south side of West Highland Street approximately 900' east of Shady Oaks Drive. OWNERS/APPLICANTS: Ray and Vicki Williamson CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-lA" Single Family Residential District i LAND USE CATEGORY: Low Density Residential i NO. NOTICES SENT: Ten (10) RESPONSES: One(1)response was received from within the 200' notification area: • Randy and Terri Keene, 900 Brazos Drive, Southlake, TX, in favor. (Received February 3, 1999.) P&Z ACTION: February 4, 1999; Approved (6-0). COUNCIL ACTION: February 16, 1999; Approved (7-0) on consent, First Reading. STAFF COMMENTS: Please note that a change of zoning to the "SF-lA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-00 l Z.W PD 7A- X �!l�R TI 37 1 i \ \ il IAI AC 12 IR I m kc n!A2 w18 Luk �kc :13 AC u kc AC WEST 43 At 3 �y A-72 SWVEY A-1620 TR IA n 4V A--- U Ac lei Ac TR Ul LA.CHIVERS la Ac 24.0 AC TR 2LI AC SURVEY A-300 L I C TR 6C M 20 f\� 7"T.. I so 9 t i4! Ac -,I 1 1 :7% ic M X M 6F 11 Ill T,3tR 5a AC:c:.k Ti ZI TR 21 I i7 It tR Ulk M 2F �IR TRH 7R 24 A 1 j I.�r M 2B I — T.R M TR I I -TR al M 22 S3 AC TR 2 TR 2t q M 3Cl 66 Ac T3 6D TR 7 2 2A ac M Z TR T', aD 'R TR % 'Im T-A 2LO eT, 0 c 11, 1 j do M 8m acu Ln u .3 TR61111 ic Ac nil 994 AC I Is ou It 16L A, rs At INC LQ it iu m :1064 M UC M U TR 7.R IF Ac 'n y, 2R4 At 5GO Ac 04�j Ac N 10 U, k a u B 9 Ln SE 142 It .2 34 M TRH 9.5 k MU TR 2c is Ac M 2B M 2BI I am Ac lu Ac 2A M 2AJ R IE 7.23 AC TR 31U I I SURVEY 1 —6w uAc TR 31i \z 14 At M m TR WU TR IM as AC Irmo Ac u Ac M 384 fli It M M M 31 L— 7.5 At TR'm TS 3 Mal. TRACT MAP THM M EW At llvllF f ZE, I 170 20, 5.0 21.oo „AG„ „AG" @ SOLD T. RALEY Y Y L1J W -- J-------- m m so too LU w „AG„ w w � Cn TR 3D 5 M. ARNOLD $ 6.2� AC x r ,,, TR / BD1 7CLU „RE„ Q1A T. RALEYCL R92 r 2.909 AC m � AC C 1 N \ °o w yJo ,o >. 120 � too W HIGHLAND ST 1" 137 ,00 � w in ' A4A R o TR 8A5 TR 8A5A ` .69 06 AC � TR i W4 _ TR BA8A1 yI A6A o . 15 A TR BA11 _ B. YETMAN AC " \ J. KEENE „ o TR 8A.8 TR BA3A I� "SF-1 A" ,�SF-1 A 1 .3- @ , .22 50 AC Ac g O TR BA15 ,2 a_ AC TR BA9 TR BA9A .73 @ . 71 AC -I A C ' O 1 CARROLL ISD CARROLL ISD ISD N�LL -�. _ "CS" � "N R-PU D #3" 50�01 C 0518 A ADJACENT OWNERS AND ZONING 0-5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-303 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 8A11 AND 8A15 SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706,AND BEING APPROXIMATELY 4.878 ACRES, 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 Land general welfare, all in accordance with a comprehensive plan; and L:\CITYDOCY,ORD\CASES\480.303.WPD �A N Page i A L 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 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(bwl expected to be generated by the proposed use around the site and in the immediate P 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, L:\CITYDOCS\ORD\CASES\480-303.WPD Page 2 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 L:\CITYDOCS\ORD\CASFS\480-303.WPD �� Page 3 b amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 8A11 and 8A15 situated in the Thomas M. Hood Survey, Abstract No. 706,and being approximately 4.878 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" 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 L:\CITYDOCS\ORD\CASES\480-303.WPD A Page 4 A 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 L:\CITYDOCS\ORD\CASFS\480-303.WPD .�^#4 p Page 5 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 , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCS\ORD\CASES\480.303.WPD }� 7 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITYDOCS\ORD\CASFSA80-303.WPD V,[O Page 7 EXHIBIT "A" FTELD NOTES FOR A TRACT IN THE THOMAS M. HOOD SURVEY ABSTRACT NO. '706, 9I' S r-,•.1►3�D IN TARRANT COUNTY, TEXAS,AND BEING THE TRACT DESCRIBED IN A RECORD IN VOLUME 7011 , PAGE 2130, DEED RECORDS, TARRANT COUN•_ SAID:-TRACT BEING MORE PARTICULARLY DESCRIBED BY M?TES AND BOU FOLLOWS: BEGINNING at:an iron pin for the Northeast corner of thj-abo*N,- referenced tract, said of Highland Drive, and being bpideadncal1,S884hl1A East along the South line of Highland Drive fro Fast line of Shady Oaks Lane; :: ` THENCE S. $90-470-33" E. 247.02 along the South line of Drive to an iron pin for the Northeast corner of. had described tract; :�ifrQiri THENCE South 86.0.69 feet to an iron pin for corner; THENCE o_ �_ S. 89 57 28' W.246.34 feet to an iron pin for 60:.may l`t THENCE N. 0002 -43" W. >si:;;. 861.76 reef to the POINT OF BEGINN containing 4.878 i/_ acres. ,. ,.....-mid Field notes compiled from surveys made in March, 1983, and Apt' Y. L:\Cn'YDOCSIORD\CASFS%480.303.WPD Page 8 I I City of Southlake, Texas I STAFF REPORT February 26, 1999 CASE NO: ZA 98-145 PROJECT: Site Plan /Dardan Square I STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Dardan Square on property legally described as a portion of Tract 2, situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 0.705 acres. i i PURPOSE: Site Plan approval required for permitting. LOCATION: On the south side of West Southlake Boulevard (F.M. 1709) approximately 150' east of the intersection of West Southlake Boulevard and Lake Crest Drive. I i OWNER: Dana and Scott Bailey APPLICANT: Dana Bailey j CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Eleven (11) j RESPONSES: Two (2) response were received within the 200' notification area: • Larry and Robbie Sue Mudd, 104 Clear Lake Court, Southlake, TX, in favor, "with the following 2 concerns..." See attached letter. (November 30, 1998). A second letter was received from Mrs. Mudd on February 1, 1999. See attached letter. • Mary Dominguez, Spin 14 Representative, 209 Lake Crest Drive, Southlake, TX undecided. See attached letter. (Received January 6, 1999). A second response was received from Ms. Dominguez on January 21, 1999. See attached letter. A third response was received from Ms. Dominguez on January 28, 1999. Also, attached to this letter is a letter from Dana Bailey to the members of Spin#14 and the Lake Crest Addition. See attached letter. 9b-I City of Southlake, Texas Twenty (20) responses were received from outside of the 200' notification area: • Phil and Lucie Mims, 615 Dominion Drive, Southlake, TX, in favor, "We are local residents, and patrons of Dana's Dance Studio. We have seen the plans of the proposed studio and feel this would be a good use of the property. It will look good for Southlake's reputation of style and class, and Dana's own reputation serves our city well." (Received January 27, 1999). • Mari Ray, 702 Ashleigh Lane, Southlake, TV, in favor, "I am a Southlake resident and a patron of Dana's Studio of Dance. We i support the new studio building which with your consent will be built soon." (Received January 27, 1999). • Deni Carruth, 7649 Bridlewood Court, North Richland Hills, TX, in favor. See attached letter. (Received January 27, 1999). • Alice Robertson, 7845 Skylake Drive, Fort Worth, TX, in favor. See attached letter. (Received January 28, 1999). • Lynn M. Fleming-Fabiano, 712 Shorecrest Drive, Southlake, TX, in favor, "As a participant at Dana's Studio of Dance and a resident of Timberlake, I am a concerned supporter of the new site. Traffic awareness, restricted speeds and a stop light at Shady Lane will aid in what could be a difficult entryway off 1709. Dana is a great Southlake business and will work with the city to everyone's benefit." (Received January 28, 1999). • Sandra Courson, 304 Sheffield Drive, Southlake, TX, in favor, See attached letter. (Received January 28, 1999). • Carine A. White, PO Box 551, Southlake, TX, in favor, "I would like to show my support for the above case and urgently request that you grant planning permission, or give the go ahead for her proposed Dana's Studio on Southlake Boulevard." (Received January 29, 1999). • Brad and Brenda Roney, 2106 Wessex Court, Southlake, TX, in favor. See attached letter. (Received January 29, 1999). • Debbie Quilty, 240 Highland Oaks Circle, Southlake, TX, in favor. See attached letter. (Received February 1, 1999). A letter was also received from Megan Quilty. See attached letter. (Received February 1, 1999). • Keith and Carol Jean Mercer, 905 Shadywood Southlake, TX. in favor. See attached letter. (Received February 1, 1999). • Pat Carpenter, 106 Churchill Circle, Southlake, TX, in favor. See attached letter. (Received February 2, 1999). • Julie Morion, 2803 Wateridge, Grapevine, TX, in favor. See attached letter. (Received February 2, 1999). 9 e)-Z City of Southlake, Texas • Slenda Sorrels, 405 Alexandrea Circle, Southlake, TX, in favor, j "I wish to express my support of ZA 98-145, Site Plan for Dardan Square. My daughter dances with Dana and we feel she is a wonderful person and a benefit to the City of Southlake." (Received February 2, 1999). • Nancy Morgan, 1356 Lakeview Drive, Southlake, TX, in favor, "I would like to see the council approve the new dance building. Dana's has offered many dance students years of quality instruction. The studio is growing rapidly and is in need of a new facility. I hope the council will approve this new dance building. Thank you for your consideration." (Received 1, 1999). • Abigail M Francis, 1302 Pecos Drive, Southlake, TX, in favor. See attached letter. (Received February 1, 1999). • Beth Green, 2010 Morgan Road, Southlake, TX, in favor. See attached letter. (Received February 1, 1999). • Kathy O'Fallon, 808 Parkdale Court, Southlake, TX, in favor. See attached letter. (Received January 29, 1999). • Elizabeth L. Nolan, 628 Walnut Grove, Southlake, TX, in favor. See attached letter. (Received January 29, 1999). • Monica M. Ponder, 4 Salida Drive, Trophy Club, TX, in favor, "As a patron of Southlake Commerce, I would like to show my support for Dana's Studio of Dance's new building site. I think it would be beneficial to the community to have a studio at that location." See attached letter. (Received January 29, 1999). • Mary C. Robertson, 1222 Ridgewood Circle, Southlake, TX, in favor. See attached letter. (Received February 2, 1999). i Two responses were received without an address: • Leigh Renger, in favor. See attached letter. (Received January 29, 1999). • Carol Hopson, in favor. "Please approve the building plans for Dana's Studio of Dance." (Received February 2, 1999). A petition with two hundred fifty-nine(259) signatures in favor was received on January 28, 1999. See attached petition. P&Z ACTION: December 3, 1998; Due to Case Resolution No. 97-22, this case was not heard and was continued to December 17, 1998. December 17, 1998; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. �a-3 City of Southlake, Texas January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. i January 14, 1999; Approved (4-1) subject to Site Plan Review Summary No. 2, dated January 11, 1999, deleting Items #1 a (driveway spacing) and#1 b (stacking depth); granting the reduction in the number of parking spaces from 33 to 30; deleting Item #3a (bufferyard along property line of Lots 7 and 8); eliminating the right-in/right-out driveway and making it a full service driveway with a hammerhead at the end of the driveway; and accepting the applicant's commitment to extend the fence on the south property line along the entirety of Lots 7 and 8. COUNCIL ACTION: February 2, 1999; Approved (5-1) subject to Site Plan Review Summary No. 3, dated January 29, 1999, and per P&Z motion ["deleting Items #1 a (driveway spacing) and#1 b (stacking depth); modifying Item#2, granting the reduction in the number of parking spaces from 33 to 30; deleting Item #3a(bufferyard along property line of Lots 7 and 8); eliminating the right-in/right-out driveway and making it a full service driveway with a hammerhead at the end of the driveway; and accepting the applicant's commitment to extend the fence on the south property line along the entirety of Lots 7 and 8; clarifying that the fence will be constructed with the first building and adding that all lighting shall be 36"or less,bollard-type lighting; keeping the Public Hearing open;and allowing the applicant to come back to the Council at its next meeting if they feel that two(2) drives would benefit their traffic flow and can be accommodated in their site design. February 16, 1999; Approved (7-0) the applicant's request to table and to continue the Public Hearing to the March 2, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated December 11, 1998; Site Plan Review Summary No. 2, dated January 11, 1999; Site Plan Review Summary No. 3, dated January 29, 1999,with the exception of those in the attached Site Plan Review Summary No.4,dated February 26, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-145SP.WPD �a- y November 23, 1998 TO: Planning and Zoning Commission FROM: Larry & Robbie-Sue Mudd RE: Reference No. ZA 98-144 and Reference No. ZA 98-145 We are generally in favor of the above-referenced requests. However, we have 2 concerns as follows: (1) The property in question currently slopes to the center of the 2 proposed lots and away from 1709. When Southlake cut the "great" trench along the east side of the property, adequate drainage ditches were cut in the middle of the property (where the proposed building will be) to allow for drainage away from Lake Crest Block 1, lots 2 & 3. With the proposal, I don't see adequate drainage being provided away from the residential lots. (2) Lighting of the rear parking is a concern. We do not wish to have the lights shining into our back yard. High density lighting should be minimized if allowed at all. RECD Nov 301998 �a-5 Feb-02-99 03:2BP P.05 inuary 27, 1999 ci City Council City of Southlake C'O Sandy LeGrand-City Secretary ARy 1725 Fast Southlake Blvd. Southlake,TX 76092 Ike Proposed Site Plan for Darden Square ZA 98-145 Dear Honorable Council Members: As residential property owners directly behind the proposed commercial development, my husband and I have a strong interest in the development of the property in question. Since we first learned about the proposed development, we have generally been in favor of it. We,of course, have also had some concerns. Our concerns and the proposed solutions are as follows: (1) Drainage-last year,a trench was dug at the site of the proposed building to drain water away irom our yard towards the long drainage ditch that runs north and south,parallel to the Lake Crest subdivision. We have been advised that the drainage plan for the proposed development will utilize the back parking lot to slope water away from our back yard,as well as the proposed building. The water will be directed into a pipe which will empty into the long drainage ditch. (6012) Lighting/Privacy-we were concerned that lighting for the building and headlights from cars would shine into our backyard. We have been advised that behind the building the only type of lighting will be 36" bollard lights. In addition,we have been advised that an 8' cedar wood fence with metal posts will be erected on our common property line. It is our understanding that the fence will be a"shadow"fence with no opening between the slats. Also, we have seen the landscaping plan which calls for 4 Live Oak trees and 9 Japanese Black Pines to be planted along the fence. It is our understanding that these trees will be 8'-12' at planting and that this exceeds the city's requirements. (3) Fence-- we approve the erection of a fence on our common property line and have been advised that the commercial property owners have no problem with our staining our side of the 1i nce to match our existing fence. (a) Traffic-we were concerned about noise generated from cars and people in the parking lot behind the building(which is just 10' from our backyard). We have been advised that the back parking;lot is intended to be used for employee parking only. It is our understanding that customers dropping off and picking up their children will be directed to park in the front lot, as the front entrance will be the only entrance to be used by the students. We have also been advised that the owners are considering;staggering their class times to avoid traffic congestion. In addition to the above,our neighborhood had concerns with the previous plan which called for one `right in, right out"driveway. Customers heading west on 1709 would have to pass the entrance mid turn left elsewhere and back track. We were concerned that the entrance to the sake Crest subdivision would be used, thus increasing;our neighborhood's existing;traffic problems of gating;onto 1709. Therefore,we are in favor of the urrcnt plan which includes a"full access"driveway. f a�e 1 &4'-'- �- 'l4- U Feb-02-99 O3:29P P.O6 nuary 26, 1999 itv Council Page 2 We are also in favor ofthe current plan's stacking depth of 50'. Assuming the staggering ul'classes,there should not be a problem with cars stacking onto 1709. Although the class schedule has not been changed as of this date,the owner has indicated that in order to make it easier for customers to drop off and pick up,as well u. to solve our concerns, staggering the classes will probably be a requirement. Also, we have been advised that extending the stacking depth to 75' would require moving the building closer w 1709,thus putting customer parking in the back. We are strongly against that option_ In addition, we were advised that by doing so would allow a 2-story building to be placed on lot 7 udjuvunt to the dance studio We are also strunILIX against that possibility. Assuming the above solutions are put into effect, we are in favor of the development of this property as Proposed,and we respectfully request that you approve the development of this property as proposed. Sincerely, - xezwa v obbie-Sue Mudd Clear Lake Court(Block 1, Lot 3,Lake Crest) Southlake,TX 76092 (817)329-8241 Oe�- 9a-1 January 6, 1999 City of Southlake North Carroll Southlake, Texas 76092 Re: ZA 98-145 (Dardan Square) Dear Planning and Zoning Commission and City Council, I am a resident of Lake Crest, the subdivision bordering on this proposed site. While I appreciate the great efforts the applicant has made to have minimal impact on the residences behind "Dardan Square", I do have a few strong concerns. 1. While I am in favor of the architectural design of this building, I am deeply concerned about the potential traffic problem it will present. At the P&=Z Commission meeting of 12/17/98, several commissioners requested a revised site plan to reflect a 50' driveway for "stacking". While the most recent site plan(12/21/98) does reflect this, it still appears to be impractical. Having a 50'driveway ending in a dead-end seems to defeat the ability to drop off and pick up the large number of children who will be attending "Dana's Dance Studio" at regular intervals. I fear a large number of cars will be backed up on FM 1709 and affect the ability of Lake Crest's residents to enter and exit our subdivision safely through our only access merely 250' away. 2. I fear customers traveling west on FM 1709 will make a U turn using Lake Crest's entrance to access the studio because of the right in - right out drive access proposed to "Dardan Square". This is a safety hazard. I I am also concerned about the future development of Lot 7 causing even more traffic. This area is becoming increasingly dangerous having Shady Oaks Dr., a professional building (and an empty lot yet to be developed), a strip mall (w-ith Phase 2 currently being constructed), Lake Crest subdivision, another undeveloped lot currently zoned C-2, a veterinary office and Bicentennial Parr all within a very short distance. I support a single lot and a single building at "Dardan Square" with a circular driveway of some design to accomodate "Dana's Dance Studio", its traffic flow, its customers and their unique needs. Two lots and two buildings at this site would be overdevelopment of this property given these circumstances. Please consider the safety of Lake Crest's residents when considering ZA 98-145 at the upcoming meeting. Thank you. 7n ,0 ry15 M,,a// ominguez Spin 14'Representative for Lake Crest 209 Lake Crest Drive Southlake,Texas 76092 I AN 0 61999 _ �yy Ann Creighton, Chairman City of Southlake c/o Community Development Department 667 North Carroll Southlake, Texas 76092 January 16, 1999 RE: PZ 98-145 "Dardan Square" Dear Ms. Creighton, Thank you once again for voicing your- concerns to your co-commissioners. While I do not agree with your vote,I do understand it due to your reservations of another C-2 use of this site. Regardless of City Council's actions regarding"Dardan's Square",the full development of this lot is yet to be determined and may not be appropriate. Lot 7 is still for sale and zoned C-2. One of the C-2 uses you had express concerned over could still be built. The potential traffic situation of the dance studio, if approved, will only compound the problem. At this time, I wish to inform you of a little history you may not be aware of. In May, 1997 this site was before P&Z as a result of the city initiated rezoning of certain properties in Southlake. An attempt was made to change the C-2 zoning to 0-1. It was denied. This had a direct impact on the current events. Mr. Makkus informed me he originally contacted City Staff in October, 1998 with the intention of building a single, larger one story building with two curb cuts and a circular drive. He was told it would not be allowed. If true, how ironic for it is the very concept which you and the residents of Lake Crest were in support of. In another matter, the larger property(called the Reutlinger property) adjacent to Lake Crest on the east was also before P&Z during the same city initiated rezoning attempt in 1997. Unfortunately,the request to change the current C-2 zoning to SF-20A was also denied. I urge the city to take the appropriate actions to change this C-2 zoning before it is too late. We are both aware of what could be built next to Lake Crest's homes under this outdated zoning. I welcome your input. Thank you. % ' Mary Dominguez Spin 14 Rep. for Lake Crest 209 Lake Crest Dr. Southlake,TX 76092 421-1055 WM JAN 211999 1Q� (%1W City of Southlake City Council c/o Sandy LeGrand - City Secretary 1725 East Southlake Blvd. Southlake, TX 76092 Re: City Council Agenda 2/2/99 ZA 98-14- January 28, 1999 Honorable Mayor and City Council Members, After further discussion with the applicant resulting in the attached commitments made to Lake Crest homeowners , I respectfully request the approval of"Dardan Square" as shown on the most recent site plan. I do so on the behalf of Mr. and Mrs. L. Mudd and Mr. and Mrs. R. Chesbro, the adjacent homeowners, as well as the other Lake Crest residents present at the meeting. (4W Upon considering the alternatives we full y support the 50'access driveway as the best solution for the development of this stacking depth and full e. Thank you. Mary Dominguez Spin 14 Rep. for Lake Crest 209 Lake Crest Dr. Southlake, TX 76092 421-1055 CC: Mr. and Mrs. L. Mudd Mr. and Mrs. R. Chesbro Mr. and Mrs. S. Bailey Mr. Van Jones RECD J A N -4 a 1999 7t3 10 (40w, Danai s Studio of Dance, Inc. Southlake. TX. 317-488-9753 January 26, 1999 To: The *vfembers of SPIN 14 and the Lake Crest Addition to the City of Southlake. From: Dana Bailey, President of Danad Studio of Dance. Subject:Our Commitment to You. First let me thank each of you for you continued cooperation, positive.attitude and fruitful discussions regarding the location of my studio at approximately 503 Southlake Blvd. as it adjoins the Lake Crest Addition. Based on the meeting last night and the previous meeting and discussions we have had with your group, we are able to make the following commitments to you. 1) We intend on building an 8.foot tall fence across the entire back of the two lots. We prefer the shadowbox type construction with metal poles. We do, however, want a consistent look across the property, so only one style will be erected. Either the Lake Crest fence committee or the two property owners most affected in this instance may make the decision on the style of wood fence. The Chesbrod have informed us that the fence should be the shadowbox type exactly the same as the fence (without brick columns) behind Kosse Maykusa office building which is located at 700 E. Southlake Blvd. Any poles will be located on the side of Lots 7 and 8 and not on the homeownerd side. Please advise if this is the construction type desired by all parties. Either adjacent property owner has the right to apply water sealer or stain to the inside of the fence which faces their property. 2) The rear fence will be erected by the time the Studio occupies the building. We will coordinate the work with the two most affected property owners for their convenience. The location of the fence will be where the existing 6 foot fence is located, assuming that the current fence is on the property line. 3) We will participate in the re-building of the fence to the west provided that the cost is equally shared between Lake Crest and us. However, the design of the fence should be compatible with the fence across the back of the property. Should Lake Crest design a fence which is more costly, then we will only participate in one-half of the cost of a fence similar to the rear fence. Lake Crest will determine the timing and the construction on this portion of the fence. It is also our understanding that your commitment to share in the cost of the fence on the west of Lot 7 is made available to the signators on this letter and not to anv subsequent owners of the property. `76-l1 41) Lot 8 is the lot the dance studio will occupy. Lot 7 is the western lot. Danail Studio of Dance. Inc. will retain the architectural control of any building located on Lot 7. This includes the location of the building on the lot, the height of the building, lighting and the location of parking. Currently- Planning,and Zoning has informed Danaig Studio of Dance, Inc. that any building on Lot 7 will be one story and located across the common access drivewav due west of the dance studio building. Any construction or development of the building on Lot 7 will be -overned by the Planning and Zoning, City Council and Building ordinances. Danad Studio of Dance Inc. cannot forecast ordinance changes which might occur in the future, but the zoning ordinances now in place dictate that the building located on Lot 7 cannot be a two story building. Additionally when the '50 foot stacking is approval, the parking must basically minor that of the dance studio. No other configuration is possible according to Planning and Zoning given the restrictions now in place through the ordinances. It is DanaB Studio of Dance Inc.0 intention to fully comply with the ordinances of the City of Southlake. DanaiR Studio of Dance Inc. has exhibited their extreme sensitivity_ regarding the location of parking, lack of high windows on the rear, low rear lighting, height of the building, landscaping, fencing and location of the building. Danaid Studio of Dance Inc. will continue to exhibit that sensitivity and will work diligently to make certain the development of the property to the west enhances the neighborhood and her property to the east. Danad Studio of Dance Inc. will pass these restriction to anv future owner of the property for their incorporation into their building plans. 5) If the City Council requires a 75 foot stacking depth at the throat of the property, then clearly all of the parking on both Lot 7 and Lot 8 will have to be shifted to the rear and the buildings moved to the front of the lots to accommodate the 75 foot stacking depth. This is a circumstance that DanalA Studio of Dance, Inc. has fought and will continue to fight for the benefit of her studio and the neighborhood. 6) At the time of demolition of the house, the barn will also be removed from the property. Hopefully both will be removed beginning February 3, 1999, which is the day after City- Council approves the site plan. The City of Southlake has ordinances in place which control the weed and mowing restrictions on any vacant lot. Danad Studio of Dance, Inc. will comply fully with those ordinances. 7) The landscaping along the back property line on Lot 7 will be similar to landscaping which will be placed along the back property line on Lot 8. The timing of the landscaping for Lot 7 yv*11 be delayed until such time as the Lot is developed. 8) Danag Studio of Dance, Inc. is fully committed to proper water drainage so that the natural flow of water will be properly channeled into the drainage easement along the eastern border of the both Lot 7 and Lot 8. Danait Studio of Dance, Inc. will not redirect any flow of water toward the adjacent property owners. In a similar manner, Danai Studio of Dance, Inc. does not expect the adjacent property owners to direct or redirect water on to Lot 7 and 8 apart from the natural, ungraded flow. Proper drainage studies will be conducted by licensed engineers and are part of the development of any project. The study for Lot 8 is complete and will be part of the building permit process which must be approved by the City of Southlake. The study for Lot 7 is not possible until such time as the development is done on that lot. By improving the flow on Lot 8, the flow of water from Lot 7 to Lot 8 will be enhanced. All water drainage studies are closely examined by the City of Southlake who has the final approval of the flow of water through and across any development. Danad Studio of Dance, Inc. will comply with all studies approved by the City of Southlake for the control of water drainage. 9) Danad Studio of Dance, Inc. is fully committed to only those lights which are necessary for the safety of the employees, owner, students, visitors and parents. The back lighting will consist of? or 3 bollard type lights which will not exceed 36" in height. There will be no lighting on the back or sides of the building which would direct light into the neighboring houses. 10) Danad Studio of Dance, Inc. will additionally use their best efforts in development of the internal business practices to facilitate the internal traffic movement such as staggered class start and end time, a Van pickup and delivery service for her customers, or anv other internal ideas that may arise in the future which will facilitate the movement of traffic in and out of the parking lot. 11) Of course all of the above is predicated on the approval of Danaid Studio of Dance, Inc. site plan on February 2, 1999 by City Council. In summary, we want to be a good neighbor to you as residence of Lake Crest. We have made over 50 revisions to the initial plans to accommodate changes requested by Lake Crest residents, Planning and Zoning, and City Council. Danag Studio of Dance, Inc. has a$675,000 investment in her studio. There is no incentive for Danad Studio of Dance Inc. allowing something to be built on Lot 7 which detracts from the value of her investment. We are looking forward to a continued business and personal presence in Southlake. Should you have any additional question, please call. Thanks for your help in this matter. Sincerely; Danad Studio of Dance, Inc. Dana Bailey, President Scott Bailey, Vice President L. Van Jones _spin PA e 5' c e ol.."2 /1999 19: =1 8174889751) DANAS STUDIO/COMFA%TI PAGE 01 RECD ",y ; t r� � r b�- ram.. . Iv c �• , t t IV �14 I 1 ft1 v _ urt,s s V--) `� t �� 04 \..D `�}-Ica -'`'vol vr 11 , r• ©i!=8i1999 1a:35 817.4889753 P4N�9 STUDIO/CCMPa7I GCPauE 81 mgmilm - .:�-7 ,,,,G. ;,. ...F� '"d:��C+1C•-�k'?�� 1r�•�W" :s�.dS/.�=• l7 ! 9 `J 41M. Q"�) _ n n. A. 'l�'(N►'l"t v '�'�Y7.-1�L(/y•�', // l� 1! :V'.{%. o :�-C..c.'n..✓.�c.�-� / \ . . A " "lz�ll —,n [� 1 Cl ..., -7 / J 7c _: = - 1: F KUM I Hl= (--LURbLJNb FHUNt: NU. b I e o25 1 1 Jbb Jan. 2b 1VV' :J U4:;2-5FM Pl (7 A U CA-A- 0,2 t7^ ro z-o --T A /v/ Q ` k A A-7 RA;�-1 4 ,7 A Y 12A td, A In A Orr.,,7 411 -12 /f? A 1.4 n-F ��o 11 &--4 Cl D f Y�. tle i t7 17 1'r4e, I J.4 I AM1.4 1A n P IV A 1 ,tA JAN 281999 F HLrl 1 HE (,UUKbUNS HHUNt NU. : b 1 f 251 1.>Ub Jan. 28 1*_y L14:LJ-*'M N2 n v V n Di�.c..t!x 7 0 0 e rl +/p ^ n�ii �.In 17 iw (,ILX4 44�rw-�rCCl -" g pp Q �� /� i` 1n v r An, h.(P /n/1 h A A A IitGLA (�/�iC l �.�_.-TT-77 QI --n� - JA e �Dt�rcd'� !� GtiJG��CfC_. -��t/�A� �u�a • � :c. , ;tu w�- V. , LU / �iAda (A Let AZU12-A �1 dGif.(.Q v A/ - o / 61 iYl AA Jan-29-99 12:25P P_O2 b tJ l U V iS MUM M ATT1Y: City Council of Southlake, OFFICE OF CITY SECRETARY This is in regards to Dana's Studio of Dance Case#ZA-98-145. Please vote yes and approve Dana's new Studio of Dance in the city of Southlake. Please do not disappoint all the children who participate daily in dancing at this wonderful studio. Brad and 1 definitely support the opening of a new building and support Dana in any decisions she has regarding the opening of her new studio. Please mark us down in approving the new facility in Southlake. T Y �� Brenda Roney Brad Roney Brad Roney and Brenda Roney 2106 Wessex Ct. Roanoke,TX 76262 (817)431-3153 REC'D J A N 9 1999 JAN 31 ' 99 18:50 FROM SOC JOHN QUILTY PAGE .001 Dear City Council Members, T �. .�. +ii cw „n 1-m-'half c%f Tlana'c Chulict of Dance. We 1-oined three Years ago � c1_ eLI_I._ T r„} U— A---- *,+,,A;— .c n t%[n .2ccC.++l1 t,64P wizen We MVVCU UILV a kI IIII&O. 1 .IGGI IiG1 uauc%, 40IUWV 1.7 w Vag Southlake area. It provides a wholesome and healthy extracurricular outlet fnr mir ehilcken T have seen all the plans for her new building and T feel they i.t.wnnld hPachame for I& uci ylV&Q,.1. i ,ilC b_.t_a.c to u_l.aw,►. � _ . D ..-...- -- - --- - us to have to take our business to another town- -7-A-QN- I S Sincerely. t i n a Aff V TlPhhip Chtilty � -�/_n I w- 1999 7�20 JAN 31 ' 99 18: 50 FROM SOC JOHN GUILTY PAGE . 002 Dear City Councii Members, My nnmo Oc Harlan t11liNaf -inr) T Pl-ir%ft4'r- CfivAin nF P1nn.-s T I-Iy IIMI I I` 1,7 I-I\.y(JI1 %'(4111.1 U1 Iv a Gl UPUI IFA .2 JLVVIV VI Louln.G. a f f also help assist two classes on Saturday morning. being at Dana`s has given me the self confidence that I need. You see I'm on Leslie rhnrluuif-Vr- honnhor =t n=n2�c% rinnrn rnmr%2n-.i T In=rnCW4 cn VI IMItAff$--I%.f `MMI I%A %r11%.1 VV VMI IM ../' MMI I%.-- %.V 11 It/MI I • a 1{-M/II.-%A W much about dance. its apart or' me, piease dOn t take it away. i ne teachers are so friendly it feels like home. i appreciate you taking_ the times to marl Chic Iattor V.a.�. W .vVV Nf.J •V.M<\... I1 ir^ Cin�ara_!vl Megan Quilty" REC'D 1999 1-21 TT TOTAL PAVE . 002 'rT Keith A. and Carol Jean Mercer 905 Shadywood Southlake, TX 76092 January 23, 1999 City Council City of Southlake 667 N. Carroll Blvd. Southlake, TX 76092 Re: Dana's Studio of Dance Case #ZA-98-145 Dear City Council Members: We are writing in support of the approval of the final approval for Dana's Studio's new building. We are sure that the Council, realizing the importance of immediate approval for this project, will treat this matter expeditiously. As you are well aware, Dana's Studio of Dance is a flourishing business providing outstanding instruction to the youth of our city. Two of our daughters participate in the performance/competition companies which so successfully represent the Southlake area in a variety of venues throughout the Dallas/Ft. Worth area. Wherever they perform, whether it be at a fair, nursing home or in competition, these teams provide an outstanding example of children and youth receiving superior instruction in dance. The athleticism and grace which they learn can be seen as Dana's Studio's students participate in various dance-related activities in the area, such as the Emerald Belles, Irving Ballet's Nutcracker Suite and many others. Because of changes in the center where Dana's Studio is located, the students and their parents will suffer inconvenience this spring while awaiting the building of the new studio; please assist us by approving that project so that the inconvenience will be as short as possible. Sincerely yours, i \ Keith A. and Carol Jean Mercer cc: Dana Bailey '�� 22 RECD r 0 1 1999 (MW February 1, 1999 City Council Citv of Southlake 667 N. Caroll Blvd Southlake,Texas 76092 Re: Dana's Studio of Dance Case#ZA-98-145 I would like to take this opportunity to give my support to the approval of a permanent building along FM 1709 for Dana's Studio of Dance. Dana has a good history of gradually building a very professional establishment of dance. She has demonstrated a good business ability by slowly increasing students and her staff to meet the growing needs of this community for a dance school. She is active in community affairs. She just recently participated in the Carroll Junior High School's Career Day and she has always donated to the Carroll High School Annual Band Auction. She demands high standards from her staff in working with the children in her dance school and I have no reason to doubt that she would be a growing and serious business that intends to be present in Southlake for many years to come. Sincerely, Pat Carpenter 106 Churchill Circle Southlake,Texas 76092 (817)488-2803 �1323 Feb-02-99 03:28P P .O2 "N29G% OFFICE OF CI C!J l j — -- -- �sECRr;TAq117 ----- - - ,' � _Lance - — cc C� &�Uc �18.2�1 Feb-02-99 03:2BP P_03 f v.0 _. �� 0 �g z� stag(--. I'm sure that with tht3 new building, n1crP- c,ni i jr�-r can acr-ieve a nigher confidence and possibly a brighter personaiity. Please allow Dana Bailey `o go through: wiCi h.nr h i i i Ir-iinvi n1 ;an;_ Thank vnii fnr• Nfolir t imr-_ Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name - Address ) AL 3 ) j i'lex 712-5 Sklo"),6 W/ A4k 0rck 140q T� OS Dr J SOOi(A 14 T� -76,c,� {- 18D1 lieI4- T 76 Z�r, 01 47Z z - - VI'dkk, o F6(-enr) 's6ttl-f l' o/a Za��re rs oo� o sG,C.�• 6b3 . �� RF(:'fl AAN 281999 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address � s G�� Lc 4AZ01- be—) nu Ilict4-7 I ( A 12, 21 �4 LT \(Vd6n V\(5 WL0 lea � A33d fog �8;3� RED JAN 2 � 1999 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address i > . K� ._ - _. .!_ _ � .wit\. .-. -.. •J ."_ V- , ti _"-_ , _ .. /117 ��. RECD JAN 281999 0 Agreement Petition We the undersigned residents of Southlak� e have reviewed the Site Plan on Lot 8 Dram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE, We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name s Address 1, Ali J- es e P 7� 140 1 � S 'fin p.�t( .St�ti t►`1 CAI cL r7 6- !� `«q r( (M _ _ s la,ke I,-'Ijb 4al --ooL f'"IL I I( Sl w Nil 1 i r°SS ,�{�{-,C -'y An' Oct IU'�7 RE, _- - . 2 81999 y,G J Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address C2 11 - � A-00 76K; -Rau- his fnej 'ss a (i I - DF. Rfnno�e 1a- ►7 �/��, "- 1135(o Lake 7 1�rtffa ( U �17 K-•) 0S 6owJ-(- Co�-'- I ,, "�-- , W -;),)- - - c-"-7- / I"k `( �LL �(L�-m Cam• �"1,�. REC,,�8.3�. 81999 Vv Agreement Petition We the undersig ned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE, We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address t11ze , T X 7(0 L0&Q-lutr, f5 cam/ 5cu,4lt 74, C �. I y I � Stcrz Lak(,s Ar - J occthl 1- 7&0 a . i 3 30, sn� La.�� P, /anti/ / / -t- ref I��IgE CC.(.� 4, rt �r4�►co xcrnz Ccf "I I 7 G �i 7 V,#2?-ye i ce oocitlei �r -yfok LcJ0..c- T1C. 2 / 7 �/ l Z LP RED gg•39 281999 Agreement Petition We the undersigned residents of� Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE, We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Na4e Address 00 % Q C _ 2�CTS %2�i7 he 1ZZZ �C� CWo�c3 L,ry JL %03 Y 9� i/C C _ 1,T( n Z 1/Z r �o� " c� 7e 7�: fey �l Ci v, RECL 7gyo 81999 Agreement Petition We the undersigned residents is of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address ri Iq (00c� 04jr-0 t 1cL/ J JX6 �235 �C�K�,tia �R , �hLaK-)Ix fa 1 YJ �Y-*- � 6 �78 �JI 2 $ 1gQ9 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE, We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Dat Name Address 9 -7 2 e/X:r A" IT17S ...... I tiq �a Jzi - }� �U ; 25 WO1j �ti.r .M 13 45 `r vi f 4 1 ZaR=gm ink., cam . RECD J 1999 Agreement Petition We the undersigned residents of Southl ake Number 581 Addition to the City of Southlake,�Tarrant County,eviewed the Site Plan on Lot 8 Hiram Granberry r use by DANA'S STUDIO OF DANCE, We are pleased with th , access as as nd elevations as presentedresented to us toto us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name F Address S e I 4 �s- , l � bs y P-a he(lid L n� J , go 1K n ,�00 f a2cc - ,� 70� ,v D� � ' C�,�► 1-61 V2- Ow REC'D _�a.�3 8 1999 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant Counts, Texas as presented to us for use by DANA'S STUDIO OF DANCE, We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Dat Name Address Yz(C) ; Z agy72 —� t1 � J j 1 � 10�4 , �� ,,j V 01 l/ . s � - b SA fc,r- C — a IECD JAN 2 81999 �g Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County,Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S•STUDIO OF DANCE in their use of the property. Dat Name Address 1 r 760� -tT- "t Un tu U 1XI A r% g8-45 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address La 0 /Y)x0 36 �tit,�•,/1 T G�7� � CUJ , t�oj S�z�r22, LLcJL ' V j,�rwe 1 l .17 cc o S 1 rc� S h C r-�P/� C`r. T�c -7U2-L-Z H � nlab 1J.! MIN �� r► y�� /■■■ram� �°�ii �� .,,, ,�� MEN LEWIS W Va INS FFFFF OR ML 01 �3� tc aa7�r' • Will mad will NEW �'' si=�lj♦��/ �� z�.��a .Roy; on'IN mm ■ MEN ■ems, �1■-do a TR 1 9.9 < 3 .o no I,o - TR 3C TR 306 3 I 4.2758 0 4.3165 0 aC - w wo ,H SANDLER ARCH PARDUE 3A SOUTHLAKE LTD. to 9.90 A: - 11L ��LL/�11 Vic of 9aN f_- \\J_ LL 1 ----------------- s at so TR 2C1 a o 2A1 STATE OF TEXA STATE F TEXAS 70 "' TR.3C2 4 1 EgRY CLARDY- .548 Ac 3 z ON 581 K C E C. LAM TR 3A1 RUFFNER s N LL_ O OW R' .25 0 ' 8 ,pS rrnl� nll 1 s 21 6R ASSOC. 889 1� INS R. CHESBR 22 I TR 2(; o = K. L. MUD 23 2.96 AC WEENE 6 _ R. REUTLINGER m 24 I "SF-2 /1 S. KALB� • I „� 1" 5 25 . I 20 ti r f 1.. 1 6 0 26 i ,�. 18 19 1 173 n .I s 2 7 _ 27 ,� s � ,n 1a 2 17 19 g 197 ,n » 3 3 21l 8 sA �� ( 29 I 16 17 TR 3N2 g x ` 1.5 0 ADJACENT OWNERS _ ND j,:ONING 4" 30 .I$ 15 A 16 s +x A 10 173 �, 1 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 98-145 Review No: Four Date of Review: 2/26/99 Project Name: Site Plan-Dardan Square on Lot 8 Hiram Granberry No 581 Addition APPLICANT: ARCHITECT: Dana Bailey M.J. Wright&Associates, Inc. 100 W. Southlake Boulevard. Suite 300 700 East Southlake Blvd. #170 Southlake. Texas 76092 Southlake. Texas 76092 Phone: 817) 589-0006 Phone : (817)424-3664 Fax: (817) 589-0724 Attn: Van Jones Fax : (817) 329-0093 Attn. Mike Wright CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/23/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comment No.2 Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 3 Interior Landscape Y Complies Driveways Y See Comment No. 1 1. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings. Driveway Read Prov'd Deficiency Spacing Spacing West Drive to Lake Crest 500' 149' 351' Right-of-way Intersection East Drive*to West Drive 500' 161' 339' East Drive*to nearest 500' 220' 280' Off-site East Drive * On-site East Drive is proposed as right-out/left-out only. * Signage per City requirements should be provided at the east drive. %Aq City of Southlake, Texas b. Provide the minimum stacking depth of 50'. The east driveway proposes a depth of 20'. Please note that as proposed, all stacking would occur within the property and would be egress traffic only. 2. The following changes are needed regarding parking: i a. As permitted by the Zoning Ordinance, Section 43.9.b., the applicant is requesting a 10% reduction in the number of parking spaces, from 33 required to 30 proposed spaces. Three spaces are on the adjoining lot. (P&Z Action 1114199: Grant the reduction in the number of parking spaces from 33 to 30) (CC Action 212199: Per P&Z recommendation.) NOTE: Where parking spaces are provided collectively or used jointly by two or more buildings or establishments,the required spaces may be located and maintained within 300 feet of an institutional or other non-residential building served. Collective use of parking spaces requires a written agreement assuring their retention which shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit or a certificate of occupancy. The site for which the agreement is made must have overflow parking equal to or greater than the deficiency.of this site. The reciprocal parking agreement should be granted to the owner(s), heir(s), successor(s) and assign(s) of Lot 8. Consult with City Staff to insure adequacy of these documents prior to filing. The filed documents must be presented to the Building Department prior to issuance of a building permit. b. Change the note regarding reduction in parking on the plan to "... in accordance with the Corridor Overlay Zone regulations." 3. The following changes are needed regarding bufferyards and interior landscaping: a. A 5'bufferyard is required along the property line between Lots 7 and 8, where the common drive is proposed. The applicant proposes relocating the 5'type "A" bufferyard to islands west of the building and east of the driveway. NOTE: No reduction in plantings is proposed. (P&ZAction 1114199: Delete the bufferyard required along the common property line of Lots 7& 8) (CC Action 212199: Per P&Z recommendation.) 4. Correct the numbers in the Site Data Summary Chart to reflect any changes proposed by this plan, including the area of open space (32.7%). 5. Correct the name and address of the owner on the plan, if applicable. City of Southlake, Texas * The previously approved plat should be revised to reflect the changes approved on this plan. P& Z Action: January 14, 1999;Approved(4-1) subject to Site Plan Review Summary No. 2, dated January 11, 1999, amended as noted above and with the following modifications: • delete spacing requirements and allow as shown (one driveway only); • delete stacking depth requirement and allow as shown (one driveway only; • eliminate the right-in/right-out driveway and make it a full service driveway with a hammerhead at the end of the driveway (one driveway only); and • accept the applicant's commitment to extend the fence along the entirety of Lots 7& 8. CC Action: February 2, 1999;Approved(5-1) subject to Site Plan Review Summary No. 3, dated January 29, 1999, and per P&Z motion; • clarifying that the fence will be constructed with the first building • adding that all lighting shall be 36'or less, bollard-type lighting; • keeping the public hearing open; • allowing the applicant to come back to the council at its next meeting if they feel that two drives would benefit thru traff c jlow and can be accommodated in their site design. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records. A fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Impact and Tap Fees, and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment cc: Area Surveying M.J. Wright& Associates, Inc. 817-329-0093 Conner Lam @ P.O. Box 488, Grapevine, Texas 76051 Dana Bailey @ 100 W. Southlake Boulevard, Suite 300, Southlake, Texas, 76092 L:\COMDEV\WP-FILES\REV\98\98145SP4.WPD *51 c .K as'w.rww►.l laun ru I �-'-w1 u �i ,3�anns tvtra�da, ( •w emu. , 1 \ \ -4 INIS� w j up 2 � U W w lul I N bb r aV%Ialo.L XWFT � Sy C Wwyj- 7 1 Ile 2 q — —..�-------------------- ----------------- -+ 3 0A lLGLON .u'mm[ 1 - 91 0) 1 I o , r� zr cat a �� W J 1 S n F \I r III I t 1 d r a n w o UI I ss I Y w 0 � [ trI ., � 1 j t t• U w °'� r (L i `---- -------- --- I : Q N j U ul w Z Q i }r ' FI ' �1 U I ( I .0 ♦J F— j 1 fLaT TC 1 _ V I O ' TC ' \1 TOW(� ��rII 9�.♦1 T ;q I O _ I p +mot ' I • O F I I_I Z I_: �I 41 W IFjI IW + 1(I• X /}Q m t) 1•I It'� _- _— t ig Y9W K 'GWWr3I11¢VWr �Eti i I IfY u ! I 1 I p71P0?J Vo -� -- I '0 W '1 1 • i Ill .0',8£l U y (Y ll 3h I , ' i. ' .tcc 7ca r I 111 U W +n.s_ cr t' - --------- - -6s.u�mS @5'1,�1 _ -- _ -�-- - In I �t -- ----- -- - - -- ----- _ z t E ,0-,09 ,8 ,58 T- W r I w i pF a IhGwnV3 3-"VNIV214,L6 W ~ / Z J ' �• Q I U I ---------------------------- w I F - 4` 1N13_ Uw N7 ' ..F- • «« «.. ____ �- -----.■fie � 4 U I ! � f `t14 II� I W W � Ut"IV � � A N J a ate �r j W I I it Ci e: ,e p rl 1 I j i JI 11 El r - I^vISTIN Ive. �I+� ""' ow'�a►hoo.r►ElhMDILYII't"W �' •j Waif E�dn�s N'v`�V'CIE j O 7 m o U d o N I .3 E E E ® s 1 E � � a l! v� 1 �P�� I c City of Southlake, Texas STAFF REPORT I February 26, 1999 CASE NO: ZA 99-008 PROJECT: Site Plan / Lots 3 and 4. Block A. North Davis Business Park STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Lots 3 and 4, Block A, North Davis Business Park on property legally described as Lots 3 and 4, Block A, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-197, Page 40, Deed Records, Tarrant County, Texas, and being approximately 2.2 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: On the north side of Greenwood Drive approximately 250' north of Greenbriar Drive. OWNER/APPLICANT: SLJ/Exchange CURRENT ZONING: "I-1" Light Industrial District i I LAND USE CATEGORY: Industrial I NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: February 18, 1999; Approved (7-0) subject to Site Plan Review Summary No. 1, dated February 12, 1999, relocating the west driveway to align with the existing driveway across the street(Item #5.b), and recommending a minimum of 35 parking spaces but recognizing they will try to get 36 (Item#6). STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated February 12, 1999, with the exception of those in the attached Site Plan Review Summary No. 2, dated February 26, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-008SP.WPD �1 '�� r ' ■mill '� i. )1111�, n n I TR IC 1 4.862 AC I 2 1I ~° m loo 746 I I TR TR 1 A4 1 B i i TR l A 1 8 1 A4A 2.87 AC 1 1 A ~ .48 O g 1 I AC ,� 0 ,w 170 ,m .{1 a I I 1 �• �� 1A , TR 1A3 g / I 8 1.14 .AC — m 11 m I „AG„ TR 2A2 , 5.0 AC 1 P. CALHOUN R 2A2 I 1A2 1A28 ..0 AC 1 .246 AC .25 AC 13.28 AC wo , a TR 1 A2A I .36 AC CRE 230 yA 1 , I 3 TR 1B3 s S. JORDAN 98 AC R. MILLER 2M CHA DR 1 240 TR 1 B o ��I—1 �� GREENWOOD DR k .586 AC THESIERRA + BYLER FAMILY J. GIFFIN TR 184 C. HILL CANYON CO, INC'. j� L/P, LTD 2-0 1.03 AC R "S—P-1 if TR 6C1A = ,AI J2 .45 AC �104 (+ r 4R a 1 DAVIS INDUSTRIAL J. GIFFIN w 1,'41 L2>o PARTNERS INC n a ICI wl=l 3 �.\ Za 1 2 �r 00 GREENBRIAR DR I 1ao 1 TR 6C R I i SON 3.87 AC Ico 4R h 5R 1 8 D N 1 rnl "' 2.84 2 v 1 • 5 113 200 1 324 301 6F2 AC I I 1 I ADJACENT OWNERS ' I x TR 1B1 AND ZONING $ TR 181A 1 1 I 2.0 AC 2.70 AC o 3.0 AC 2.73 AC TR 3.2836AC ! 1 13 4�4gh 1 I ' I .9441 ■ I re so m j00 i T City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-008 Review No: Two Date of Review: 02/26/99 Project Name: Site Plan-Lots 3 & 4. Block A North Davis Business Park. in all being 1 109 acres in Lots 3 and 4 Block A.North Davis Business Park T J Thompson Survey. Abstract No 1502 APPLICANT: ARCHITECT: SLJ-Exchange B.C.I. 2875 Exchange Blvd. 4700 S. Edgewood Terrace Southlake. TX 76092 Ft. Worth, TX 76119 Phone : 817)481-3223 Phone : (817) 536-6050 Fax : (817) 481-4070 Attn: John Dorety Fax : (817) 536-8750 Attn: Clifford Clans CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/22/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y See Comment No. 1 -2 Building Articulation Y Complies Masonry Standards Y See Comment No. 1 -2 Impervious Coverage Y Complies Bufferyards Y See Comment No.3 Interior Landscape Y Complies Driveways- Spacing Y Complies Stacking Y See Comment No.4 1. Note the type of masonry material to be used for dumpster screening. Masonry material for trash dumpster screening must be similar to the primary structure. 2. Synthetic stucco must meet the approval of the City Building Official. 3. A 5' Type `A' bufferyard 200' in length is required along the east line of Lot 3 and the west line of Lot 4. Applicant proposes 152' in length with 84' of the provided length doubled in width to 10' and has provided the plantings required for the full 200' of length. A minimum stacking depth of 50' is required for each driveway due to the connecting interior driveways. The applicant has provided a 28' of stacking for each driveway. `1C-y City of Southlake, Texas 5. A minimum of 36 parking spaces is required on each lot. The applicant has requested a reduction of 3 spaces(to provide a total of 33 spaces) on Lot 3 and a reduction of 1 space (to provide a total of 35 spaces)on Lot 4 which within the maximum 10%reduction which City Council may permit. (P& ZAction: recommending a minimum of 35 parking spaces but recognizing they will try to get 36) * Required parking was assessed assuming that the office area listed is provided for the direct support of the industrial uses contained within each structure. Please note that required parking may be affected by the specific tenants or any change in use. For example, office use not associated with or supporting an industrial/warehouse use within the same building or medical uses within the office area of a building may increase the required number of parking spaces. 6. Label type and wattage of proposed shielded wall mounted lighting. P&ZAction : February 18, 1999,Approved(7-0) subject to Site Plan Review Summary No. 1, dated February 12, 1999, relocating the west driveway to align with the existing driveway across the street; and recommending a minimum of 35 parking spaces but recognizing they will try to get 36, * There are no specimen trees on this site. * Although not required by ordinance, staff would appreciate placing the City case number"ZA99- 008" in the lower right comer for ease of reference. . * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking is meet and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment cc: SLJ- Exchange VIA FAX ABOVE B.C.I. VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\99\99008SP2.WPD IC� rn '\2 AVMMM Wn i � W CL N � li w Cl) oe M cuam p V I I I I • _ �s s I so •° dl°yy to tFgill IN xaFRa a q�m 9 ate.. s •... 4oe� al 1 1 1 pry7� 1 L 1 QKJ 9V V � ► w A Ej |2 ❑ ems§ - }0cy. �/ ' • 9 | w � ■ ■ ■ � | � � Jill . +- \ El � I I � �� cA `� o C'i O I ' I i a.. I \ I / r I � � I I i Q I �- ACO� low A dD SFBI I f � f •! I i i W 1 � I i -- - -- --------- 7i, j i s IP I i 4 I 9 -wzr.61 1 \ 1 � ---- ------- --------- � 'IrcJ City of Southlake, Texas i i i I STAFF REPORT I February 26, 1999 CASE NO: ZA 99-009 PROJECT: Site Plan / Lonesome Dove Baptist Church Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Lonesome Dove Baptist Church Addition, approved as Lot 1, Block 1, Lonesome Dove Baptist Church Addition on property legally described as Tracts 2C and 2D1 situated in the N.E. Thompson Survey, Abstract No. 1563, and being approximately 11.271 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: 2380 Lonesome Dove Avenue, approximately 400' north of the intersection of Emerald Circle and Lonesome Dove Avenue. OWNER: Lonesome Dove Baptist Church APPLICANT: GSBSBatenhorst i CURRENT ZONING: "CS" Community Service District i LAND USE CATEGORY: Public/Semi-Public NO. NOTICES SENT: Nineteen(19) RESPONSES: None P&Z ACTION: February 18, 1999; Approved (7-0) subject to Site Plan Review Summary No. 1, dated February 12, 1999, waiving Items #4.a and #4.b (articulation); relocating the required canopy trees (deleting shrubs and accent trees)to the west of the new building and as close to the parking lot as possible to allow the applicant better utilization of the open space (Items #5.a and #5.b); and allowing Item #6.b (throat depths) as proposed. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated February 12, 1999, with the exception of those in the attached Site Plan Review Summary No. 2, dated February 26, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-009SP.WPD riD- 1 070:L2DY FROM U5 %+A1' NIIUKS'1 TU �d4� (U — f`OUL/UU2 — 7291 Glenview Drive North Richland Hills, TX 76180 Phonc: (817)589-1722 n Q D , D A T V AT U A V e T Facsimile: (817) 595-2916 V 0 U / L Ii 1 0 11 11 v 1% v t -m Ar r� a Ar r� wi P. wr r 1 1 Il�/1 I i �/ • To: Lisa R.Sudbury Duularin.- r ►uci City of Southlake 667 Notch Carroll Avenue JVY41rOAG� 1/f I vv♦a. CC: Craig Rosengrants 481-8711 A wri. .) .w.w..... Proj: 19833 —Lonesome Dove Baptist Church .Re: Screen Fence Req_'ts LfttCJ 2 -0-11i . _................._._................................................................. ................................................._..._......................................................................................... Mrs. Sudbury- Our current site plan which was submitted for review i-ZS`9 shows a new 8' high wood screen fence on both the west and south property lines. As we discussed earlier today,the owner has advised me that he would like to pursue a variance for this requirement. ins a will provide the city with idlers from the surrounding homeowners and affected properties to support our case. Plcase contact me if more information is needed at this time. Otherwise, i wiii incorporate this change in our revisions due to the city 2-11-99. Thank ycP for your help, T yj H (o ! c o m b j 1 i �� -Z 08 1999 IM r �. K:+ w �i• F'.7 Ea: /i� T��•.�II �1fnu� ,■ w�Ron .�� ice-i� ��Ri�S`1i ,�, ,■• EWA �■ .1 1► I 7EE SEW dl l • ,�' m..I II r `3 3 42�1 14 13R 12 35 - i I TR 188 I TR 1 B9 T1807 15R� „ „� uo (_ .� . ,a, \ W GRAVE s PAID D 16 17� " n t TR TR _ f 3 7 8 tt 9 QO' S37 A 185E 1 B5 - 7 m .9349 O 5 36 8 I TR TR 4�ti TR TR TR TR 4 13 11 1 � 1850 18 18 N 85 85 l 85 18& 14 2 I 581 82 82A � g y 3 ,,� y L `� e S I 35R I 2R 4 18 15 cA� 12 N. 'Q TR 1: O'`TRICKLIN � TR TR TR TR TR t 185C 185 185 185 185A 5 A.0 1 R{ u Co 17 N r V PATRICK GRAY 20 \ �. �` 9 KRESLER CUSTOM HOMES TR TR HOMES INC. �1a ,, 484F TR 184G TR 8 IS 18 McCRAE TR 9�s a 1 t TR 1B4 32® 4D 4C B1 48 184F1 of W ti ��T ♦ �ZS�Z = 7.MORTON G.COLON = - �ZS y 140 D O VE PARK T308D1 R_COX TR 164H TR 1 B4A T 08 t TR 183 CITY OF SOUTH LAKE 11 AC 1 1.04 AC I t t TR 1B2 2.82 AC J. MAST cli1 TR 1A6 T 2C TR 1 A 2.12 AC A. BRIAN 1 F .18 AC 10 TR tA3 � i AC D. CALLAHAN I I TR 1A5A 1 1 AC 9 T. CROOK TR 1A5 4 t � 1.056 'RC e I � THE DAKS OF A G.SWAIN o LONESOMEI DOVE �o8aa3 .264 O Z W 7 ZO TR tA58 W. MCEWAN z w 1 1.68 AC QZ cn - - �� U 1 TR IA4 I 6 ADJACENT OWNERS • - _ .._,.A.=• AND ZONING TR 1 AC I I r7 b-41 !1 ; t City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-009 Review No: Two Date of Review: 02/26/99 Project Name: Site Plan-Lonesome Dove Baptist Church, Lonesome Dove Baptist Church Addition Lot 1 APPLICANT: ARCHITECT: Lonesome Dove Baptist Church GSBSBatenhorst 2380 Lonesome Dove Avenue 7291 Glenview Drive Southlake. Texas 79062 North Richland Hills, Texas 76180 Phone : 817)488-9568 Phone : (817) 589-1722 Fax Attn. CoyQuesenbua,Rev. Fax: (817) 595-2916 Attn. Ty Holcomb CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/22L99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y See Comments No. 1 -2 Building Articulation Y See Comment No.3 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No.4 Interior Landscape Y Complies Driveways- Spacing Y Complies w/ 100'requirements Stacking Y See Comment No.5 This plan proposes a new Fellowship&Educational Building for Lonesome Dove Baptist Church& Cemetery. The property is platted as a single lot with the Cemetery located on the north end. This plan proposes no development or changes on the Cemetery portion of the site. l. Provide an eight foot screening device along the north,west and south property lines. The applicant has submitted a variance to the Zoning Board of Adjustments regarding this requirement. 2. Clarify the"CW"materials noted to screen the dumpster. NOTE: Concrete block is not permitted. T City of Southlake, Texas 3. The following changes are needed regarding the building elevations: a. Provide horizontal and vertical articulation in compliance with Ordinance 480, § 43.13.d., compliance is as shown on the attached chart. Dimensions are as scaled by staff. (P&ZAction 2118199: Delete articulation requirements and accept building as shown on the plan) b. On the elevation plans and floor plan,provide dimensions showing building height and dimensions of horizontal and vertical articulation. 4. The following changes are'needed regarding bufferyards and landscaping: a. Provide a Type B - 10'Bufferyard along the north property boundary(CS Zoning adj. to SF-20). This plan proposes no bufferyards within the cemetery portion of the site. (P&ZAction 2118199: Delete the north bufferyard within the cemetery and relocate the required canopy trees (deleting shrubs and accent trees) to the west of the new building and as close to the parking lot as possible to allow the applicant better utilization of the open space) b. Provide a Type C - 10' Bufferyard along the northwest property boundary. This plan proposes a Type C- 10'Bufferyard along the west boundary but stops at the Cemetery boundary. This plan proposes no bufferyards within the cemetery portion of the site. (P&ZAction 2118199.:Delete the northwest bufferyard within the cemetery and relocate the required canopy trees (deleting shrubs and accent trees) to the west of the new building and as close to the parking lot as possible to allow the applicant better utilization of the open space) 5. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide a minimum 24'width for each driveway on a local street. This plan shows two of the existing driveways at approximately 18' wide,a deficiency of 6'. b. Correctly show the stacking depth of each driveway in accordance with Appendix 4. The depth is measured from the property line,not pavement. The minimum driveway throat depth required is 50'. The southern most drive complies. The remaining three drives provide approximately 40' of stacking,a 10' deficiency. (P&ZAction 2/18/99:.Allow throat depths as shown) C. Note the type of pavement for the proposed drives, fire lanes and new parking area. d. Show the full extent of the 3 south drive approaches.Note the curb return radii for all approaches. ri C> r City of Southlake, Texas 6. The following changes are needed regarding parking: a. Provide an all weather surface material. This plan proposes keeping the existing gravel drives with 10 parallel parking spaces designated for use. NOTE: Ordinance 480, §35.4. - All parking and vehicle use areas shall be of an all weather surface material and constructed in accordance with applicable codes. The applicant has submitted a variance request to the Zoning Board of Adjustments regarding this requirement. b. Provide parking at a ratio of 1 space per 3 seats in the main sanctuary or auditorium. This plan is deficient. Staff counted 74 spaces on the plan including the gravel parking spaces. Correct the numbers in the Site Data chart, as necessary. The following is an analysis of the parking on this site. The applicant has submitted a variance request to the Zoning Board of Adjustments regarding this requirement. T g Pkg.Read Pkg,Provided Existing Educational Facility 0 spaces 0 Proposed Fellowship &Educational Building 0 spaces 0 Parsonage 2 spaces 2 existing gravel* Sanctuary(250 seats) 84 spaces 8 existing gravel* 17 existing concrete 47 vroposed concrete 86 Total 74 Total Less 10 gravel spaces - - 10* 10%Reduction 78 Total 64 Total or 14 space deficiency (per applicant request) *Refer to comment above regarding all weather surface material. 7. Show the property boundaries with a bold line. Show the new east property line as exists after the right-of-way dedication. 8. Show the location, orientation,type-and height of any intended lighting, including any proposed in the parking lots. 9. Show, label,and dimension the 5'utility easement on the north,northwest and southwest property boundary. P&ZAction: February 8, 1999,Approved(7-0) subject to Site Plan Review Summary No. 1, dated February 12, 1999, as noted above and with the following recommendation: • Recommend favorable consideration from ZBA allowing the gravel parking area instead of an all-weather parking surface, reducing the number of required parking spaces and eliminating the 8 foot screening device around the perimeter of the property. City of Southlake, Texas * The applicant should be aware that new submittals for the next scheduled meeting must be r�oeived at the City by 5:00 PM on 3/8/99_ If not received by that time,no review will be prepared until the following submittal schedule.All revised submittals must be folded 6" x 9" and an 11"x 17"revised reduction must be provided. (17 copies for Council, 27 copies for P&Z) * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Water& Sewer Tap Fees,Roadway Impact Fees, and related Permit Fees. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Coy Quesenbury, Rev. Ty Holcomb L:\COMDEV\WP-FILES\REV\99\99009SP2.WPD -.5 City of Southlake, Texas }Articulation Evaluation No.2 !Case No. ZA 99-00 Date of Evaluation: 2/26/99 ;Elevations for Lonesome Dove Baptist Church }Received: 2/22/99 4 € West Elevation lWall ht. = 13 Horizontal articulation iVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 39 11 -72$ Yes 35 140 59 -No IMin. artic. offse '' 2 ; Z 50 C No 2 6 200% Yes; Min. artic. length - 2 3 50% Yes 6 19 217%* Yes: 1 :East Elevation ',wall ht. = 13 ` Horizontal articulation lVertical articulation Required Provided Delta Okay?€ Required Provided Delta Okay? }Max. wall length 39 12 -69%- Yes 39' 140 259W No Min. artic. offset', 2-` 1 ;, •-50t No 2 6 200% Yes; 'Min. artic. length 2 3 50$ Yes 6 19 217% Yes` ;North Elevation wall ht. = 13 } Horizontal articulation € 'Vertical articulation Required Provided Delta Okay? Required; Provided Delta Okay?, ;Max. wall length 39 18 -54% Yes; 39 45 -15* NoE ;Min. artic. offse 2 1 -50%- No 2 0 -10 No! F !Min. artic. length 3 4 33% Yes 6 45 650% Yes" 1 South Elevation IWall ht. = 13 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta- Okay?` 'Max. wall length 39 39 0%- Yes 39 45 15� No, IMin. artic. offse 2., 1 -50% -06 0 -Ibo No 777 ;Min. artic. lengt 10 : 3 '=7Q No 6 45 650% Yes; r City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non -Residential Development) Case No: 90-009 Date of Review: 2 - 04 -99 Number of Pages: 1 Project Name: Lonesome Dove Baptist Church Addition (Site Plan) APPLICANT: SURVEYORS/PREPARED BY: Lonesome Dove Baptist Church GSB /Batenhorst Architects 2380 Lonesome Dove Ave. 7291 Glenview Dr. Southlake,TX 76092 North Richland Hills, TX 76180 Phone: Phone: (817) 589-1722 Fax: Fax: (817) 595-2916 THIS ANALYSIS IS.PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEIT 4 MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT. 848. TREE PROTECTION COMMENTS: 1. The applicant has provided good-faith in preserving the existing trees on the property. We meet with the applicant and discussed the existing trees and ways they may preserve them. The applicant assured me that no trees would be removed without a Tree Removal Permit and that were not within the scope of the development. 2. The applicant designed the proposed access drive to avoid removing any trees during its construction. There is already a semi-drive existing were the proposed one is located, and it has been used for years. I relayed that the existing trees along the proposed drive may be effected by the construction and that no grading can occur within their critical root zone area. The best way to construct the drive would be at grade. The applicant proposes to use asphalt or hot-mix so that is better than concrete. * All area within the driveway,public sidewalks,patios, septic tank and lateral lines, parking area, pool and deck area and area within six feet(6') of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of the Tree Preservation Ordinance 585-A. A tree removal permit must be obtained prior to the removal of any other protected tree on the property. * All protected trees within 20' of any construction occurring shall be fenced of at the outer limits of the dripline of the tree/s.No vehicle traffic and no grade changes shall occur within area of the critical root zone of any protected tree.No construction equipment or debris shall be deposited within the area of the critical root zone of any protected tree. BUILDING INSPECTIONS L:trees\dre-99\99-009r 1 rl P— 10 City of Southlake, Texas All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety * of this lot. Please be aware of the penalties of not applying the tree preservation methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS L:trees\dre-99\99-009r ,s 600-66Y1 / 0w3 40 $ W N —u LJ a G7 r o>nc=>> c Q i 8 N1=�a 0z a C1 1! ;! S WOd O,� * iE z e a�G zn<Cz - ! A J LL! u L.s_ r �3 U o 1VIIN30IS38 J.LISN30 vmlMN1 '9# and l NOOlB Ru.. S31V1S3 3AO0 3Y403SN01 Y Y Bz 401 *IefizC1 I 101 zf 101 ''!I I !,1 WIN& 1i : s s zft 1 1—¢e Of cr 7,r A s•' tll! -II Cit Qttt Y� c v W fR . I. Lllt � -t o Is g I- t I,, ;1' I II � ._�� p I , i 1 1a111,11 � NY Y w �w I O f LL) rlL I h' ;$oo o a —r IL ! U 0 e9S, ■ — as ,/ a rl �� ■1� tSco >„ o a Lips. . T H 'gl IV Q Bill • ,:�� , a S s I � I � fills l a6$g ya N � I r. z , AL >nj Bill oilyy el " 938s I fy ill 9 Z ti Wioo g Z � m vu Ms In W N J�ta 4 I 'LLJ O w r , I OC U) O �; sill aPls1 sx1 c did; " i(p/� } W en 3.0 ; ; Sxl y, (Ill I N S � rt I —4.y.e•,y v I spu r ui � a I fn/ f. , ' 7xf w■l7s s�t1i $M Sif] � I 1 sx, sx, sx1 L i I s, rl SI" tC loA •1"mnfso� 6olne ------- ��. J K►.K 1 .ss ^ I 1 I r 9 L 301 Ila I . ,r ! I I I ...o..,llll Lk 10l _IYUN301S3N UISN30 MOl 'V L—3S 94 '6d '69L-99£ IoA 'L HOOlB S31V1S3 01"3P13 L 1 � — IZ J I a 13S JN1318d o jf ;� p WOao rn l � .1 ill Ai .. .....................ill �i..................... ... --_—_ e of 2 ! i 1 >p� A a»i �iV 7 ii a � i W , TIX , i 1�nms o---=--- ---------- ---� I d • i LLJ ff �— M g ,K p QgG� pwt~_nUR = Q OJ�M 44 lit s d® P; rn Gj 1! t D�Qp@ r a • � V oi � �a8� � �9 Z 2 i �(� a Op 5 a5 Z v -� dm J F N 1. 1 N Z4 i > > J N w J i ' w w 1 e• � 1 ~ N ~ i V) ?i w O i Z 1 1 1 L I 1 1 - 1 I �C9 ! i Z Z F p N J X5 w m wx i 1 1 1 I 1 ! 1 1 1 1 1 Y� •'f I 1 � � 1 I N Z 4 1 o w ' 1 � I i 1 1 1 1 i i 1 7 � - 13 '- J City of Southlake, Texas STAFF REPORT I February 26, 1999 i CASE NO: ZA 99-010 PROJECT: Specific Use Permit/Special Events associated with the Grand Opening of Town Square, Phase I i I STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 i REQUESTED ACTION: Specific Use Permit for Special Events associated with the Grand Opening of Town Square, Phase I, on property legally described as 42.013 acres situated in the Richard Eads Survey, Abstract No. 481, and being Tract 3B I and a portion of Tracts 2A and 3, and being the approved Final Plat of Southlake Town Square, Phase I. The approved Site Plan for Phase I was submitted with this request. PURPOSE: To fulfill the SUP requirement for approval of all special events held in outdoor spaces. This regulation was established in the development regulations for Town Square. LOCATION: On the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard(F.M. 1709). OWNERS: Southlake Venture West L.P. and Southlake Central Venture (advertised as � The Fechtel Group) APPLICANT: Cooper and Stebbins, L.P. CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eleven (11) RESPONSES: One (1) response was received from within the 200' notification area: • Juergen F. Strunck, 200 N. Carroll Avenue, .Southlake, TX, in favor, "My wife and I will celebrate the hoped-for-completion on our own for the also hoped-for-peace it may return to our neigborhood." (Received February 22, 1999.) P&Z ACTION: February 18, 1999; Approved(7-0). City of Southlake, Texas STAFF COMMENTS: No changes have been made to the previously approved site plan,therefore no new review letter was generated. This site is subject to all conditions of the previously approved plan. Attached is Site Exhibit for Town Square, Phase 1 which is utilized to show the location of the outdoor events ! associated with the Grand Opening. The Planning and Zoning Commission and City Council evaluation of this application should consider traffic circulation, safety, crowd control and any other issues of public health, safety and welfare. L:\COMDEV\WP-FILES\MPMO\99CASES\99-01 OSU.WPD I n•� WPM ■OngINS 111 i�� ' �� _:�► fir-■ ■ mz low N milli 111 Y �i ■ �i �IIII■� � .�.llii�i\��/� � c.1i.-n V N ' . •• N08Ilf N •�� 1 " f InNt <O Q D ( , j --------- 1 'r y Q 1 Y �Q W r- Z ` s ) o � r � 1 -,1 1 W } I m co c 2 O I ° 1 1 N� �� a 1 1 V/.4 CL �' Z (� I �� cc � z Z _ z o c� o O z 0 - ri o F- ON n i z wo w 1 • Q N A I 1 i I • N� Q� f w LL 11, o Q• CD N o Q o: uj c j LL w 0 w co _ o': : 1 O w o SI � ww � KAl�i� �l�Q! vWigYj"�°'"' ♦A o H zz IL ac � �N'<ac�—`El �.i. 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'lIL e ei=:,�fii9: Y •F Ilff 1 3. prnc g YY s;Z a a AI I } 5ql J J�f ' •173NJ5 31Y.M p• E i uilz io ilk. --- vY�: 4 by ` •1• =c F'— _ �• .. .. ./ /Itil M.11.0/ '0001 './/.11.0/.N '��•w w t as pp-�gg • •�' I i U at I de �II I , •�J I I a7d Ix •I F 11,;gl e .tl Q � Z r ' an i I rn v CQ Z CR ca - - a o C 1 . . _ 06 CD 3 � o 0 �- ca Q O j j } ,r> r— v r� LM / r _ - C � — �� I 1•Ir4i --T I p � � /�/ice // /p•- } �•� \ `r''\_�""_ �rv' � II V / ed f / IIIIl k I,FT u i EE cv U) od EEE — s aD Q � 5 E � Q � a sz4x o o0 � Q S O U T H L g K F TOWN SQUARE 1 Preliminary Schedule of Grand Opening Events March 20, 1999 8:00am Block-off Streets along parade route to prepare for parade 8:30am Parade Preparations H.S. band (if available), EMS, Police vehicles (Camero, Suburban & motorcycles), fire trucks, City Council members on horseback & neighborhood delegates with banners, etc. Each neighborhood will be invited to participate with a maximum of 25 delegates to carry a banner or float Parade participants meet @1709 & Carroll parking lot Parade assembles in order of March 9:00-9:45am Parade Participation gifts (to be determined- may be donated) given to all members of the parade Parade route per attached 11:00-12:00pm Ft. Worth Zoo presentation @Animal Tent Presentation lasts 30 minutes & 30-min. walk around Penguins, foxes, porcupines, snakes, parrots, alligators, etc. 12:00-5:30pm Gun Fights & Afternoon Variety 5-10 Pavilion performers given 30 min. blocks of times. (Performers roaming Town Square, coordinated with those performing in Bandshell) Music & entertainment provided by local groups (dance, skits, etc.) & the Arts Council of NE Tarrant County, Carroll ISD, etc. @Bandshell Pavilion Public safety presentation by police, EMS, & fire departments @parking lot of 1709 & Carroll Food samples provided by participating restaurants Face painters Clowns Kids Art of Town Square (winning entries from Carroll schools- each grade) displayed in tent throughout afternoon Balloon makers Tent for trivia(form for kids to fill-in from newspaper advertisement) & drawings for prizes 3:00-4:00pm Ft. Worth Zoo presentation @Animal Tent 4:45-5:30pm Lake Cities Band performs music 5:30pm Ribbon Cutting, City speeches & Town Hall Cornerstone Dedication @Bandshell Pavilion Each of the six council members cut a ribbon for each new building Mayor Stacy cuts the ribbon on the Bandshell Pavilion Town Hall cornerstone ceremony to be determined by City 6-30-7:15pm Lake Cities Band performs swing dance music @Bandshell Pavilion (411W Swing dancers dance �� , g RECD JAN 2 51999 2 7:45-8:30pm Erin Hundell (Southlake resident, Carroll H.S. graduate, TCU student) sings with band QWOOPM Retailers close & Clean-up Begins RECD JAN 2 51999 Last Updated on 2/3/99 10:10 AM By CB ��A • S O U T H L A K F TOWN SQUARE GRAND OPENING MARCH 20 , 999 8:30am Pre-stage for Parade participants 9:00-9:45am Town Parade—comprised of Southlake neighborhood delegations, Band, vintage convertibles, local dignitaries, horses, fire trucks, police motorcycles, etc. 9:45am Ribbon Cutting/Town Hall Cornerstone Dedication 10:00am STORES OPEN! 11:00-12:00am Fort Worth Zoo Presentation—Penguins, foxes, porcupines, snakes, parrots, alligators, & more! 11:00-3:00pm Kids!- be entertained by Firecracker the Clown, get your face painted for free, have an animal balloon made! 12:00-5:30 pm Afternoon Variety 1:00 pm Old Fashioned Gun Fight 2:00 pm Runway Theater Performance at the Pavilion OIL 3:00 pm 2nd Fort Worth Zoo Presentation All Afternoon Public Safety display by City of Southlake Kids Art Show from Carroll ISD Schools Trivia Contest Tent 4:45-5:30 pm Lake Cities "Big Band"performance at the Pavilion. Bring in the new with Big Band music from the past 6:30-7:15 pm Lake Cities "Swing Band"performance at the Pavilion—GAP swings so should you! 7:30 pm Erin Hudnall performance—talented local resident and recent Carroll • graduate performs a variety of songs for your listening pleasure. o Resolution No. 99-10 Page 1 RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SPECIAL EVENTS ASSOCIATED WITH THE GRAND OPENING OF TOWN SQUARE, PHASE I ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS 42.013 ACRES SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, AND BEING TRACT 311 AND A PORTION OF TRACTS 2A AND 3 AND BEING THE APPROVED FINAL PLAT OF SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A",AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Special Events associated with the grand opening of Town Square, Phase,1, has been requested by a person or corporation having a proprietary interest « in the property zoned as NR-PUD Non-Residential Planned Unit Development District to include "C-3" General Commercial District uses; and, WHEREAS, in accordance with the requirements for the approval of all special events held in outdoor spaces established in the development regulations for Town Square, 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: 4F,- lr Resolution No. 99-10 Page 2 SECTION 1. A Specific Use Permit is hereby granted for Special Events associated with the grand opening of Town Square, Phase I, on the property being legally described as 42.013 acres situated in the Richard Eads Survey,Abstract No.481, and being Tract 3B and a portion of Tracts 2A'and 3,and being the approved Final PIat of Southlake Town Square, Phase I, more fully and completely described in Exhibit"A", and as depicted on the approved site plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary � -/� L:\COMDEV\WP-FILES\RES-ORD\99-IOSPE.SUP Resolution No. 99-10 CO3 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas �G.l3 L:\COMDEV\WP-FILES\RES-ORD\99-IOSPE.SUP Resolution No. 99-10 Page 4 EXHIBIT "A" BEING a 42.013 acre tract of land situated in the Richard Eads Survey, Abstract No. 481 located in the City of Southlake, Tarrant County, Texas. Said tract being a portion of a 73.669 acre tract as conveyed to The Fechtel Group, a Texas General Partnership as recorded in Volume 9811, Page 1241 and being a portion of a 58.0193 acre tract as conveyed to Carol G. Peterka as recorded in Volume 8516, Page 595, Lorrie W. Beck as recorded in Volume 9799, Page 1213 and Volume 9849, Page 2115, and Leslie W. Klingman as recorded in Volume 9799, Page 1208 and Volume 9849, Page 1210, Deed Records, Tarrant County, Texas. Said 42.013 acre tract being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of Lot 1, Richard Eads No. 481 Addition, Cabinet A, Siide 585 P.R.T.C.T. also being located in the east right-of-way line of North Carroll Avenue ( a variable width R.O.W.); THENCE North 89°41'56" West for a distance of 42.00 feet for a point, said point being in the west line of said Richard Eads Survey and the Centerline of said North Carroll Avenue; THENCE South 00°11'06" East, along said Centerline for a distance of 11-37.93 feet to a 5/8 inch iron rod set in concrete for the POINT OF BEGINNING; THENCE East, leaving said Centerline for a distance of 574.33 feet to a 'h inch iron rod set for corner; THENCE North 154.77 feet to a 'h inch iron rod set for comer; THENCE North 30°00'00" East, 279.56 feet to a 'h- inch iron rod set for corner; THENCE South 60000100" East, 1,223.00 feet to a 'h. inch iron rod set for comer; THENCE South 30°00'00"West, 331.80 feet to a 'f-, inch iron rod set for comer; THENCE South 531.88 feet to a 5/8 inch iron rod set in concrete for comer, said point being in the north right-of-way line of East Southlake Boulevard/F.M. 1709(a 130 foot R.O.W.); THENCE North 88°55'18"West, along said north right-of-way line, for a distance of 301.27 feet to a 5/8 inch iron rod found for comer, THENCE North 88°54'16" West, for a distance of 1,303.14 feet to a 5/8 inch iron rod set in concrete for corner, said point being the intersection of said north right-of-way line, with the Centerline of North Carroll Avenue, and said west line of Richard Eads Survey; THENCE North 00°11'06" West, along said Centerline of North Carroll Avenue 1,003.27 feet to the POINT OF BEGINNING and CONTAINING 1,830,082 square feet or 42.013 acres of land, more or less. L:\COMDEV\WP-FILES\RES-ORD\99-10SPE.SUP 9 -ty Resolution No. 99-10 Page 5 EXHIBIT "B" I c r/. i �IG 71,^y,-�,�=11 l� ' i//, ^r I///'/'�y �J �—__=S 4�I( _•a?YY� .---' I it `-47t r I(' �►r Ce �11 /1 ` \ •'Mdo •Mdo4►Idr i U) _ — fN C~ � E L:\COMDEV\WP-FILES\RES-ORD\99-19SPE.SUP 4,p—m Resolution No. 99-10 Page 6 EXHIBIT "B" C� / "'/n /// , _ � •� lililllll ;�ul ��.Illllll� � � _. 11 L vim... _ (n low vet'— �/ ./.� .--- - -_i__ �,� �h I _C.; — j j I •—$I �I fjIM, yi Ll .r• ��I`� aT �� M _ �� i-Z,.� r �) i, '� ill IIIIIIIIII hill i l! _ _ — — ! 3i I c ?i Gig U A � � L:\ComDEv\wp-FILES\RES-ORD\99-IOSPE.SUP 47E16 Resolution No. 99-10 Page 7 EXHIBIT "B" S O U T H L A K TOWN SQUARE I i GRAND OPENING MARCH 20 , 1999 8:30am Pre-stage for Parade participants 9:00-9:45am Town Parade—comprised of Southlake neighborhood delegations, Band,vintage convertibles, local dignitaries,horses, fire trucks, police motorcycles,etc. 9:45am Ribbon Cutting,'Town Hall Cornerstone Dedication 10:00am STORES OPEN! 4 11:00-12:00am Fort Worth Zoo Presentation—Penguins. foxes,porcupines,snakes,parrots. alligators,&more! 11:00-3:00pm Kids!-be entertained by Firecracker the Clown,get your face painted for free. have an animal balloon made! 12:00-5:30 pm Afternoon Variety 1:00 pm Old Fashioned Gun Fight 2:00 pm Runway Theater Performance at the Pavilion 3:00 pm 2nd Fort Worth Zoo Presentation All Afternoon Public Safety display by City of Southlake Kids Art Show from Carroll ISD Schools Trivia Contest Tent 4:45-5:30 pm Lake Cities"Big Band"performance at the Pavilion. Bring in the new with Big Band music from the past 6:30-7:15 pm Lake Cities"Swing Band"performance at the Pavilion—GAP swings— so should you! 7:30 pm Erin Hudnall performance—talented local resident and recent Carroll graduate performs a variety of songs for your listening pleasure. a Ly\comDEv\WP-FILES\RES-0RD\99-I OSPE.SUP ��ly 4 1 City of Southlake, Texas i STAFF REPORT I February 26, 1999 CASE NO: ZA 98-157 PROJECT: Ordinance No. 480-302 /Second Reading/ Rezoning- Tracts 1AIA2B and WAX. Ben I Foster Survey, Abstract No. 519 I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tracts 1 A 1 A2B and 1 A 1 A2C situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. PURPOSE: Purpose of this request is to rezone the property to accommodate home construction. LOCATION: On the northeast corner of the intersection of Randol Mill Avenue and Gifford Court. OWNERS/APPLICANTS: Parvez and Seema Malik i CURRENT ZONING: "AG" Agricultural District I REQUESTED ZONING: "SF-lA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four(4) RESPONSES: None I P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved(5-0)to table and to continue the Public Hearing to the February 4, 1999, Planning and Zoning Commission meeting due to the applicant not being present. February 4, 1999; Approved (6-0). COUNCIL ACTION: February 16, 1999; Approved (7-0) on consent First Reading. c City of Southlake, Texas I STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\98CASES\98-157Z.WPD I I F.2- mmm �r ■w- _ Vim• .. � � y TR 6A1 26.405 AC �' TRAAW "4 0 10.33 Ac SCOT1m E1 1 aIA TRAMA rr 3.9244 0 1 D. PRENTICE AGrr6.78 Ac r ,N 1M m t0 TR.6B1A TR.6B1 1 Aco 1 Ac 417 I' U ' G. MASSIE TR.682 I' S 2 Ac w ' B• TR.1AtA2C • TRAMA2 � TR.lA1A20 RAMAH e t' 2.14 A Ac 2.14 Ac 2.14 Ac 2.14 Ac i U 01 H TR.683 a1 2 Accr ord Ct P 03 O � TR.6B4 4 Acc'A E 7 i^ V. CLARK W VJA�K5ORv60Ar I + TR.1AlA3 All 1 11.5 Ac TR.6B11 _I 6.44 Ac + „ Af1 G„ � C 13 ,u — — ns zoa W4 RR O ADJACENT OWNERS ` n N Q �0 974 0 Y" v•',5"' . AND ZONING AD A I q w o �a3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-302 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1AIA2B AND 1A1A2C SITUATED IN THE BEN J. FOSTER SURVEY, ABSTRACT NO.519,AND BEING APPROXIMATELY 4.279 ACRES,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 L:\CrrYDOCS\ORD\CASES\480-302.WPD Page 1 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 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 (60.1 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, L:\C(TYDOCS\ORD\CASES\480-302.WPD / • -� Page 2 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 L:\CITYDOCS\ORD\CASESIASO-302.WPD �- Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts lAlA2B and lAlA2C situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres, and more fully and completely described in Exhibit"A" 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 (to., community. They have been made after a full and complete hearing with reasonable consideration L\CITYDOCS\ORD\CASES\480-302.WPD r g Page 4 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 L:\CITYDOCS\ORD\CASES\43D-302.WPD �� Page 5 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 , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCS\ORD\CASES\480-302.WPD F-10 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITYDOCS\ORD\CASES\480-302.WPD �}F- rl Page 7 7 r EXHIBIT "A" METES AND BOUNDS for A tract of land situated in the B. J. Foster Survey, Abstract 519, County of Tarrant, according to the Clerks File # D196192323, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the intersection of the east line of Randol Mill Ave, (RNV) and the north line a 60' wide Road Easement as recorded in Volume 10634, Page 104 of the Deed Records of Tarrant County, Texas; , THENCE N 000 25' 23" W along said east line of Randol Mill Ave for 561.46' to a point; THENCE N 890 30'00' E leaving said east line for 332.00' to a point; THENCE S 000 2523" E for 561.46' to a point in the said north line a 60' w=de Road Easement; THENCE S 890 30'00"W along said north line for 332.00' to the POINT OF BEGINNING and CONTAINING 186,405 square feet or 4.279 acres of land. L:\CITYDOCS\ORD\CASEYA$0.302.WPD .; Page 8 �� C , City of Southlake, Texas I i STAFF REPORT I February 26, 1999 I CASE NO: ZA 98-158 PROJECT: Preliminary Plat-Lots 1 & 2, Malik Estates Addition i STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for proposed Lots 1 & 2, Malik Estates Addition on property legally described as being Tracts 1 A 1 A2B and 1 A 1 A2C situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. PURPOSE: Purpose of this preliminary plat is to create lots in order to get a building permit. LOCATION: On the northeast corner of the intersection of Randol Mill Avenue and Gifford Court. OWNERS/APPLICANTS: Parvez and Seema Malik CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four(4) I RESPONSES: None P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Denied (5-0) due to lack of adequate zoning and the items on the review letter. COUNCIL ACTION: January 19, 1999; The applicant submitted a letter to table this case to the February 16, 1999, City Council meeting. February 16, 1999;Approved(7-0)on consent the applicant's request to table to the March 2, 1999, City Council meeting. ILI City of Southlake, Texas i i STAFF COMMENTS: The applicant has met the requirements in Plat Review Summary No. 1, dated January 11, 1999, with the exception of those listed in Plat Review Summary No. 2, dated February 26, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-158PP.WPD i �ru.112ISO er- 111 1 � � Mir m IN= ., 777 �� -■r ON h' ♦� . tom,. �// �- _ _ ►/now �� ♦♦♦� _ =�� KIM min NO' ■'�. �1111 % � ' u mi its im m f ��- ' . �,� ■:iJ1 u.�s.. ice• � TR 6A1 26.405 AC 71', TR.1AlA1 w TO 10.33 Ac E SCO ,»s 1 �I iA TR.1AtA 3.9244 ® D. PRENTICE �$ "A ��6.78 Ac M tD f- TR.6B1A TR.681 1 Aca 1 Ac .,7 I' U t a G. MASSIE `V TR.682 2 Ac I B• TR.1A1A2C • TR.1A1A2 • TR.1A1A20 R.1AIA2E ' =32 2.14 A Ac 2.14 Ac 2.14 Ac 2.14 Ac cr .,A H TR.683 al 2 Ac �i ord Ct P ,N a W3 TR.684 4 A�,AN �� G E E V. CLARK `A'AASK v Vrr S�R� 60A I + TR.1A1A3 11.5 Ac TR.6811 6.44 Ac + "AG" � C 13 , - - - - n. 2W m. 9 O 4 A ADJACENT OWNERS .974 0 AND ZONING A� T City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 98-158 Review No: Two Date of Review: 02/26/99 Project Name: Preliminary Plat, Malik Estates Addition. being 4.279 acres out of the B.J. Foster Survey, Abstract No. 519 APPLICANT: SURVEYOR: Parvez or Seema Malik Peebles & Associates P.O. Box 541564 530 Bedford Road Grand Prairie. TX 75052 Bedford. TX 76022 Phone:(214) 988-1940 Phone: (817) 268-3316 Fax: Fax: (817)282-3603 Attn: Donald S.Peebles CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/10/99 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 EDWARD MCROY AT(817)481-5581,EXT. 880. l. Delete the city approval block, surveyor's certificate, owner's dedication, and notary from the face of the plat. (These are not required on preliminary plats but will be required on the final plat submittal.) 2. The POB must be tied to a survey corner or previously filed subdivision corner. 3. Label existing zoning and Land Use Designation (LUD = ) on the Prentice, Massie, and Clark tracts as "Zoning=Ag" and "L.U.D. =Low Density Residential". 4. Show and label the B.J. Foster/J. Walker survey line. 5. The following changes are needed regarding Right-of-Way dedications and interior street geometry: a. GIFFORD COURT ISSUES: *A private road easement(Gifford Court) is currently in place along the south line of this property extending east approximately 1,750 feet and is intended to provide access to this property and 6 additional unplatted tracts to the east. The easement is not paved, is impeded with fencing and is not being used to provide access to any of the properties applicable. An off-site private concrete driveway within a private access easement located south of and adjacent to the Gifford Court easement is currently being utilized for vehicle access to these properties. A sign has been erected at this drive designating it as "Enterprise Place". The Enterprise Place driveway crosses the property of Joy Clark and is designated as a private access easement for the property owner east of Joy Clark, Robert Lemke-Lemke Concrete Construction. 1) Local streets are generally not allowed to intersect an arterial street. According to the approved City Thoroughfare Plan, Randol Mill Avenue is designated as a 94' 5 lane undivided arterial. The North Central Texas Council of Governments (NCTCOG) ' Regional Thoroughfare Plan shows a planned continuation of FM 1938 due north through Keller and Westlake continuing to its intersection with SH 114. Previous L:\COMDBV\NP-PZLBS\RSV\98\98158PP2.WM Page 1 r*6 City of Southlake, Texas discussions have called for a 140'ROW and a 6-lane divided median roadway. Minor Collector streets shall have a minimum separation of 600' with no median cut where medians are provided. These properties have no other access to a public right-of-way. Staff recommends that due to the close proximity of the existing private concrete driveway and access easement with Gifford Court,that two be combined and dedicated as a single public right-of-way. 2) Dead end streets shall be permitted only where a future extension or connection is to be made. Show and label a cul-de-sac or temporary turn around sufficient for emergency vehicle access. 3) The subdivision ordinance(50.03.I)recommends cul-de-sac lengths of less than 1,000 feet. The proposed street,although mostly off-site,proposes a length of approximately 1,750 feet. b. Private residential driveway access to arterial streets is prohibited. (Subdivision Ordinance Sec. 5.01H). Provide a common access easement extending south from the south line of Lot 1 across Lot 2 and connecting to the Gifford Court. Both lots mus access Gifford Court. C. The applicant has shown a 70'of"right-of-way dedication"from the centerline of Randol Mill Avenue, accounting for the possible future extension of F.M. 1938 by the State(possible 140' R.O.W.). Staff recommends that applicant provide an actual dedication of 47' from centerline with an additional 23'to be designated as"right-of-way reservation". It is also recommended that the 50'building line remain as shown, measured from the reservation line. * The North Central Texas Council of Governments(NCTCOG) Regional Thoroughfare Plan shows a planned continuation of FM 1938 due north through Keller and Westlake continuing to its intersection with SH 114. Previous discussions have called for a 140'ROW and a 6-lane divided median roadway. 6. All proposed lots must conform to zoning district regulations. Appropriate zoning must be in place prior to approval of this plat. 7. Show and label a winding 6 concrete sidewalk along the east line of Randol Mill Avenue. Please be aware that each lot owner must construct the walk along their respective lot frontages prior to issuance of a Certificate of Occupancy. * Denotes Informational Comment cc: Parvez or Seema Malik VIA MAIL: P.O. Box 541564, Grand Prairie, TX 75052 Peebles &Associates VIA FAX: ABOVE L:\COIDSV\NP-P1LHS\RBV\98\98158PP2.MPD Iw Page 2 Iti� I I5 �• 31 t 7 I g � `3�' �� 1 ; ; �' � � �]�i � Il � :� � �; � �� gyp' ;• � a � ate •�� ; s i ' �' �s I�� ; If CT)LLJ LL- ; s - k ito 7�1} nr sit r ] a �� 't 9" ! is so I i►� "� < �� y ,error w.r<sr avw �1 !tt r ii an uw+wa awuw r . t ij p O ' City of Southlake,Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 736, 2" Reading, Creating a Department of Economic Development Action Requested: Approval of Ordinance No. 736, 2nd Reading, Creating a Department of Economic Development and renaming the Community Development Department to the Planning Department. Background Information: The responsibilities for economic development have evolved over the past several years. Originally the duties were under the City Manager's office, Over a year ago they were transferred to Community Development because of the many synergies between the two activities. The increase in major corporate interests in the City has necessitated a more dedicated focus. As well, there are several programs that have been discussed, as developed by Director Last and Kate Barlow, which deserve more focused attention. City Council approved, as presented, Ordinance No. 736 on first reading at its regular meeting on February 16, 1999. Financial Considerations: The creation of the new department will require the appointment of a Director to manage its administrative affairs. This is the only new position which would be required for the formation of the new department. City Council approved the appointment of Community Development Director Greg Last as Director of Economic Development at its regular meeting on February 16, 1999. Citizen Input/ Board Review: Not subject to Board review. Legal Review: The formation of a department requires City Council action by ordinance. The attached ordinance has been reviewed by the City Attorneys. Alternatives: Economic Development activities are currently managed through the Department of Community Development. Curtis E. Hawk, City Manager Ordinance No. 736 February 26, 1999 e 2 Supporting Documents: Ordinance No. 736 Proposed organizational charts and duties for the Planning Department and Department of Economic Development (draft in progress) Staff Recommendation: Staff recommends approval of Ordinance No. 736 on second reading. Approved for Submittal to City Council: City M s ffice 7/71-4:9% City of Southlake, Texas ECONOMIC DEVELOPMENT DEPARTMENT f ORGANIZATIONAL CHART Director of Economic Development Economic Development Specialist Economic Development Intern FEBRUARY 12 1999 L:\COMDEV\WP-FILES\STAFF\ORGANIZ\ED-DEPT.VSD //7 City of Souddake DEPARTMENT OF ECONOMIC DEVELOPMENT February 12, 1999 DRAFT IN PROGRESS The Department of Economic Development would be organized as follows. Economic Development Director: Greg Last, (7.50) • Manages personnel, budget, and priority determination for the department • Develops and manages programs to increase the economic health of the city • Maintains critical contact with landowners, developers, brokers and other allies of economic development • Maintains communications with political allies at the state level • Facilitates communication between developers/brokers • Communicates development policies and procedures to citizens, developers, consultants, etc. • Represents the City as a liaison to the Chamber of Commerce • Represents the City at trade shows and other marketing venues Economic Development ent Specialist: Kate Barlow, (766) • Collects and maintains data including demographic, real estate, financial and infrastructure • Responds to inquiries from prospective businesses and development community Maintains and builds working relationship with numerous allies through communication,marketing, networking, and program coordination efforts Manages special projects including work performed by external consultants • Researches and prepares various community support documents such as: Economic Development Reports, Site Availability Guide Administrative Assistance: Susan Chiasson, ED Intern • Responds to the counter and phone inquiries • Performs necessary research for preparation of community support documents • Maintenance of multiple databases regarding economic interests in the city • Maintains an inventory of marketing/support materials for distribution L.'.COMDEV\WP-FILES'STP.FF:ORGANIZDIVIS-7.WPD Page 2 �/-7 City of Southlake,Texas COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATIONAL CHART Director of Community Development Senior Senior Zoning Comprehensive Current Administrator Planner Planner i I i Comprehensive Current Zoning Planner I Planner I Assistant (2 positions) Community Administrative Community Development Development Intern Secretary Assistant i i FEBRUARY 12 1999 L:\COMDEV\WP-FILES\STAFF\ORGMIZ\CD-DEPT.VSD City of Southlake COMMUNITY DEVELOPMENT DEPARTMENT February 12, 1999 (6,,Z Community Development Department is organized into basically five interrelated groups. These groups, responsibilities are organized as follows: ADMINISTRATION: New Hire, CD Director (750); Lori Farwell, Administrative Secretary (744); Tara Brooks, Development Assistant (786); Marisa Da Silva, CD Intern. • Manages personnel, budget, and priority determination for the department • Handles the day-to-day aspects of processing the development requests • Coordinates the submittal schedule and agenda for the Planning and Zoning Commission • Coordinates preparation of Community Development items for Council packets • Responds to the counter and phone inquiries and refers complicated issues to senior staff • Communicates development policies and procedures to citizens, developers, consultants, etc. ZONING ADMINISTRATION: Karen Gandy, Zoning Administrator(743);Art Wright,Zoning Asst. (828). • Coordinates the submittal schedule and agenda for the Zoning Board of Adjustment • Interprets zoning ordinance requirements • Researches and prepares zoning ordinance amendments to implement comprehensive plans • Reviews development proposals for conformance with the zoning ordinance • Communicates zoning policies and procedures to citizens, developers, consultants, etc. tRENT PLANNING: Dennis Killough, Sr. Planner (787); Ed McRoy, Planner(880); Lisa Sudbury, Planner(862). • Reviews plats, concept plans, and site plans for ordinance compliance • Communicates the technical requirements of city ordinances to developers and consultants • Answers technical questions related to ordinances regulating development COMPREHENSIVE PLANNING: Chris Carpenter, Sr.Planner(866);Stefanie Sarakaitis,Planner(753). • Researches and prepares comprehensive planning guidelines for the city • Responds to inquiries concerning master plan components • Reviews development proposals for compliance with comprehensive plans • Updates unique ordinances, assist other departments in ordinance writing L:'COMDE��WP-FILES�STAFF\ORGA,N=fVIS-7.WPD Page 1 ORDINANCE NO. 736 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTPUTION," OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; ESTABLISHING THE DEPARTMENT OF ECONOMIC DEVELOPMENT; AMENDING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BE DESIGNATED AS THE PLANNING DEPARTMENT; AMENDING DEPARTMENT OF PARKS AND RECREATION TO BE DESIGNATED AS THE DEPARTMENT OF COMMUNITY SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERXBILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. NNMEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, pursuant to Section 4,01 of the Southlake City Charter, the City Council has the power by Ordinance to establish administrative departments and may redesignate existing departments or administrative offices; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOLTHLAKE: SECTION 1. ADMINISTRATIVE DEPARTMENTS That Section 2-106 of Chapter 2 of the Southlake City Code is amended as follows: "As provided by section 4.01 of the city Charter, the city council hereby establishes the following administrative departments: department of general government, to be headed by the city manager; department of public safety, to be headed by the director of public safety; department of public works, to be headed by the director of public works; department of finance, to be headed by the director of finance; department of eewiniunky develepfnent plannin;, to be headed by the director of eemffitiaky develepffient planning; a d department of peAEs an tie community services, to be headed by a director of pafks-and �eer-eatien community services: and department of economic development to be headed by a director of economic development." / 11 7 SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake. SECTION 5. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption 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. SECTION 6. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1999. MAYOR ATTEST: /�r Q CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 11999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Effective: City of Southlake, Texas STAFF REPORT I February 26, 1999 CASE NO: ZA 98-149 PROJECT: Ordinance No. 480-301 /First Reading/ Rezoning and Site Plan - Barton House Uncommon Care, Inc. STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Tract 6D situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 3.046 acres. A Site Plan for Barton House Uncommon Care, Inc., will be considered with this request. PURPOSE: Zoning/Site Plan approval required for development. LOCATION: On the west side of North White Chapel Boulevard approximately 240' south of Countryside Court. OWNER/APPLICANT: Uncommon Care, Inc., dba Barton House CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "O-1" Office District uses including a personal care facility for Alzheimer's patients. LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Ten (10) RESPONSES: One (1) response was received within the 200' notification area: • Jack R. Jones, 1250 N. White Chapel, Southlake, TX, undecided, "Have no problem with this application for zoning changes if Barton House is constructed on the property. Any other business, etc., would change our opinion if we were not aware of final decision for property development." (Received December 9, 1998). P&Z ACTION: December 17, 1998; Approved (7-0) to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. �Nl City of Southlake, Texas January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved (5-0) at the applicant's request to table to the February 4, 1999, Planning and Zoning Commission meeting. i February 4, 1999; Approved (6-0) subject to Site Plan Review Summary No. 2, dated January 29, 1999, accepting Item #1 i (minimum unit floor areas) and not accepting Item #2 (maximum number of housing units per acre), but allowing eighteen (18) living units and one(1) student apartment in Phase 1 and sixteen(16) living units and one (1) conference room in Phase 2 and also requiring steel posts on the perimeter fencing. COUNCIL ACTION: February 16, 1999; Approved(7-0)the applicant's request to table to the March 2, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1,dated December 11, 1998,and Site Plan Review Summary No. i 2, dated January 29, 1999, with the exception of those listed in Site Plan Review Summary No. 3, dated February 26, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-149ZS.WPD i II 4�-Z NGE Cf Sam TRACT MAP ?A-3 3 TR 5i A 5.72 O I TR 3A24 d I I 798 O I �a I TR 3A2B TR 3A2C 1.509 ® 1.115 O TR U2 t ? 1 1 041 Ac A I 2.780 O I TRACT 1 A Vf j i� 30 3615 .67 AC r I WHITE CHAPEL LLC RS 41 CHI300 YEY R W. LEE TRACT ,A �r�� V� jl � . SUBJECT � r 3.70 "S-P-1 " L. BACCUS 621 EDWIN L. COLE ., TR `a 1 I x AC 2.832 O I[� {f MINISTRIES I� ^. nnsn I U sc1 w �E "SF-1 A" M. WOOLLEY x W. I 2R z RUCKER I E. MURPHY 8C I I 3.5 AC "AG" - zu ' TR 8C3 I J. LYBRAND I I � w R TR 8D3 J. JONES l Gj TR HIS 2.0 AC , I 5 �J2�� 3.14 AC x � a. I TR ` TR 8C2 8C2A 1 6 4.0 AC 1.0 AC u+ su so 1 T � yq I at0 TR i E t TR 1 TR 884 73 AC 3.18 AC TR 1.47 AC $ I TR 862 83 .46 ADJACENT OWNERS 5 AC AND ZONING 8.708 0 .76 z'0 "I TR 885 211 1 9A'4 ' ,r t A /.0 Z ` City of Southlake, Texas SITE PLAN REVIEW SUIVIlVIARY Case No.: ZA 98-149 Review No: Three Date of Review: 2/26/99 Project Name: Site Plan- Site Plan for"0-1" Zoning Request plus Personal Care Facility for Alzheimer Care Patients-Barton House APPLICANT: ARCHITECT: Uncommon Care d.b.a. Barton House Jackson Associates Architecture&Planning 3803 Big Horn Trail 3636 Bee Caves. Suite 211 Piano.Texas 750.75 in.Texas 78746 Phone Phone : (512) 328-1228 Fax: 972)769-0128 Attn.Robert Montgomery Fax CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/22/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS ORNEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y Complies Building Articulation Y See Comment No.2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies. 1. Each housing unit should meet the minimum floor areas based on unit types as required by the Zoning Ordinance, Section 45.917 as follows: 350 s.f for efficiency unit,450 s.f. for one- bedroom unit, or 550 s.f for two-bedroom unit. This plan proposes a minimum area of 185 s.f. & maximum area of 215 s.f. for the bedrooms in both buildings. 2. Provide horizontal and vertical articulation in compliance with Ordinance 480, § 43.9.c.1.1. Compliance is as shown on the attached chart. 3. Correctly dimension the stacking depth of the proposed driveway from the proposed right-of-way line(new property line)to the 1st parking space. At 35' it meets the 28'minimum requirement. 4. Revise the site data information(building square feet,open space,impervious, etc.)to reflect the floor area increases shown on the elevation sheets. �A 5 City of Southlake, Texas 5. Correct the number of required parking spaces to 22. Twenty eight spaces are provided. Please note,the Tree Preservation Ordinance requires that 27%of any trees within parking spaces must be mitigated. Contact Keith Martin,Landscape Administrator. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City JZ 5:00 PM on 3/12/99. If not received by that time,no review will be prepared until the following submittal schedule. All revised submittals must be folded 6" x 9" and an 11"x 17"revised reduction must be provided. (17 copies for Council or 27 copies for P&Z). * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records,a fully corrected site plan,landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Roadway Impact Fee,Water& Sewer Impact and Tap Fees,and related Permit Fees. * A Developer's Agreement is required prior to any construction, if public infrastructure is proposed. * Denotes Informational Comment Articulation Evaluation Chart cc: Robert Montgomery Jackson Associates L:\COMDEV\WP-FILES\REV\98\98149SP3.WPD SA•6 r City of Southlake, Texas i Articulation Evaluation No.3 Building 1 Case No. ZA 98-14 Date of Evaluation: 2/26/991 ! Elevations for Barton House".0-1" Zoning Request Plus Personal Care Facilites for Alzheime f Received: 2/22/99 € North Wall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 19 -301; Yes 27 24 -11%. Yes Min. artic. offset, 1 2 100% Yes 1 1 0% Yes Min. artic. length 3 4 33% Yes 6 6 0% Yes' E !South IWall ht. = 9 Horizontal articulation Ivertical articulation E Required Provided Delta Okay? Required Provided Delta Okay? FMax. wall length 27 22 -19% Yes 27 24 -11% Yes; IMin. artic. offset, 1 2 100% Yes 1 5 400% Yest Min. artic. length 6 6 0%. Yes 5 11 120% Yes' i 1 West lWall ht. =1 9 Horizontal articulation IVertical articulation Required. Provided, Delta! Okay?' Required Provided) Delta Okay? =Max, wall length 27 1 22 -19%j Yes€ 27 22 -19% Yes' !Min. artic. offset 1 18 1700% Yesl 1 1 0% Yes' !Min. artic. lengt 6 25 317% Yes 5 10 100% Yes! 4 East Wall ht. = 9 Horizontal articulation - Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 27 0% Yes 27 21 -22%! Yes! Min. artic. offset. 1 1 0% Yes 1 3 200% Yes! !Min. artic. lengtIj 7 3 -57* Nq 1 5 10 100$. Yes', N•7 t City of Southlake, Texas Articulation Evaluation No. 3 Building 2 Case No. ZA 98-14 Date of Evaluation: 2/26/99 Elevations for Barton House"0-1" Zoning Request Plus Personal Care Facilites for Alzheime Received: 2/22/99 North Wall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay?;. Max. wall length 27 . 19 -30% Yes[ 27 21 -22%- Yes, Min. artic. offset. 1 2 100% Yes 1 1 0% Yes! !Min. artic. length 5 11 120% Yesl 5 13 160% Yes' South iWall ht. = 9 Horizontal articulation iVertical articulation Required Providedi Delta Okay? Required Provided Delta Okay?` Max. wall length 27 27 0% Yes 27 21 -22$ Yes; Min. artic. offset. 1 J 3 200% Yes 1 3 200% Yes Min. artic. length 7 3 -57% No 5 10 100% Yes` } West Wall ht. _� 9, ........_. Horizontal articulation I ;Vertical articulation ; Required; Provided Delta, Okay? Required; Provided Delta Okay? jMax. wall length 27 ' 22 -19% Yes 27 22 -19% Yes; Min. artic. off set. 1 2 100$ Yes 1 5 400%, Yes, Min. artic. length 3 5 67% Yes 10 11 10% Yesf East Wall ht. 9 Horizontal articulation Vertical articulation Required Provided Delta Okay?i Required Provided Delta Okay? ?Max. wall length 27 19 -30% Yes 27 21 -2296 Yes; Min. artic. offsed 1 2 100% Yes 1 6 500% Yes; Min. artic. lengtIt 5 5 0%- Yes 7 1 24 243%- Yes' 70 City of Southlake,Texas TREE PRESERVATION ANALYSIS (Non-Residential Development) Case: 98-149 Date of Review: 12 - 3 -98 Number of Pages: 1 Project Name: Barton House(Rezoning and Site Plan) OWNER: ENGINEERS/SURVEYORS: Uncommon Care,Inc.- LandCon Inc. 3808 Big Horn Trail 2501 Parkview Dr., Suite 610 Plano, TX 75075 Fort Worth, TX 76185 Phone: Phone: (817) 335-5065 Fax: Fax: (817) 335-5067 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant has made an excellent attempt to incorporate the existing trees on the site into the design of the development. As far as I can tell no protected trees will be removed for the construction of the of the entire development. All of the utility lines are proposed to be installed outside of the drip line of existing trees and in the access drive areas. 2. The Grading Plan reflects that some grading to establish draining and construction grades will occur within the critical root zone area of some of the existing trees that are shown to be preserved. If the trees are going to be preserved properly no grade changes shall occur at least within the area of the critical root zone of the trees. The grading is also prohibited by section 6.2e of the Tree Preservation Ordinance 585-A.No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the city's Drainage Inspector. 3. Although the installation of most utilities have been routed through areas that will not effect the existing trees,the aerobic septic system is shown to be installed within the area where existing trees are to be preserved. Please confirm that the installation of the system will be installed to least effect the critical root zone of the existing trees. * All area within the driveway,public sidewalks,patios, septic tank and lateral lines,parking area, pool and deck area and area-within six feet(6')of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of the Tree Preservation Ordinance 585-A. A tree removal permit must be obtained prior to the removal of any other protected tree on the property. BUILDING INSPECTIONS L:trees/dre-9M8-149 e City of Southlake,Texas TREE PRESERVATION ANALYSIS Case: 98-149 Page 2 * All protected trees within 20' of any construction occurring shall be fenced of at the outer limits of the dripline of the tree/s.No vehicle traffic and no grade changes shall occur within area of the critical root zone of any protected tree.No construction equipment or debris shall be deposited within the area of the critical root zone of any protected tree. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. 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Y Y 1 0 k 1 1 1 • 1 .s . t `III F�S�S�S�3�3"S•3.3:�•�.1. -�.�. .�.�.�.�.�.�.�.�.�.laF'�•F-� !" $F �I.4= • • . e • • s . • r eF $ � ti $ # IN ►�1 F 1-1 IA � � $ �� Hai l 1 :st�l�,!!II � 44 It �� 2AA CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-301 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 6D SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 3.043 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" -AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" 'OFFICE DISTRICT USES INCLUDING A PERSONAL :CARE FACILITY FOR ALZHEIMER'S PATIENTS AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND 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 L:\CITYDOCS\ORD\CASES,480-30 L W PD Page 1 gA-�q 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 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 L:\CITYDOCS\ORD\CASFS\480-301.WPD Page 2 aWI0 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:\CITYDOCS\ORD\CASESASO-304.W PD Page 3 �p-21 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 Tract 61)situated in the Thomas M.Hood Survey,Abstract No. 706,and being approximately 3.043 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with"0-1" Office District uses including a personal care facility for Alzheimees patients.as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 L:\CITYDOCS\ORD\CASES\480-301.WPD Page 4 sk22 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 L:\CITYDOCS\ORD\CASESIASO-301.WPD Page 5 IA-23 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. L:\CITYDOCS\ORD\CASESIA80-301.WPD Page 6 Q PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CrrYDOCS\ORD\CASESIASO-301.WPD Page 7 w255 EXHIBIT "A" WHEREAS, the undersigned, being the owner of a 3.043 acre tract situated in the T. M. Hood Survey, Abstract Number 706, Southioks, Tarrant County. Texas, said 3.043 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron pin found, said 5/8' iron pin found being the southwesterly corner of Lot 1, Block 8 Rovenaux Village according to the plat recorded in Volume 388-213. Page 31. Plat Records, Tarrant County, Texas; THENCE N 90'00'00" E along the southern line of said Lot 1. Block B Rovenoux Village, passing at 378.46' the southeasterly comer of said Lot i, Block B Ravenoux Village, In all a distance of 420.00 feet to a 1/2' Iron pin set, said 1/2' iron pin set being on the eastern line of said T. M. Hood Survey, said 1/2' iron pin set also being in North Whites Chcpei Road; THENCE S 00*01,41' W along the eastern line of said Thomas M. Hood Survey and within sold North Whites Chapel Road a distance of 315.51 feet to a 1/2* iron pin set; THENCE S 89'58'59" W, passing at 25.03' a 3/4' iron pin found for the northeasterly corner of a tract of land conveyed to William W. Rucker and Zeno Rucker, Trustees of the William W. Rucker and Zeno Rucker Family Trust according to the deed recorded in Volume 12591, Page 2263. Deed Records, Tarrant County, Texas, along the northern line of said Rucker Family Trust tract, passing at 184.35' a 3/4" iron pipe found being the northwesterly comer of sold Rucker Family Trust tract, sold 3/4' iron pipe found also being the northeasterly corner of a tract of land conveyed to Marguerite E. Woolley according to the deed recorded in Volume 12172. Page 1957. Deed Records. Tarrant County, Texas, and continuing along the northern line of said Woolley tract, in all a distance of 420.00 feet to a 1 1/2" pipe found, said 1 1/2' pipe found being the southeasterly corner of Lot 2. Block 8 Rovenoux Village according to the plat recorded in Volume 388-213, Page 31, Plat Records. Tarrant County, Texas; THENCE N 00'01'41' E along the easterly line of said Lot 2. Block 8 Ravenaux Village a distancs of 315.64 feet to the Point of BEGINNING and containing 3.043 acres of land, more or less. L:\CrrYDOCS\ORD\CASES'\4 .301.W PD Page 8 $R'2(a EXHIBIT "B" •< r j a •n.r ,a tN s ii,._3 ,P11.:.ii_,.t 1Fi7;sn l -3 — g; t!a �g$i Jill131 1 1,:f ! i, 41 ttli17r3 s o04 : P -A I S` �A JFi4 N y3 j f„7rif!!1s' f r i f 4 !! L (,f6dOd, '.�5 -L51%3)QA'a �3dYHZ) 31'H H1dCN sIs T—t—sTr r � a `C-O.x+-o-e 1.-.0a. sm 003 r I^ •C� �:" -- — I EO-F whid • t' ! • 7 I �t3� i I ! I 1I .—L_ a WWW s --_ ..-- - --" � -r9Slc--_ ____________7.lr,lQgON , G �1 777C L:\CrrYDOCS\ORD\CASES\4W30I.WPD Page 9 4 R-27 EXHIBIT "C" This page reserved for the approved City Council motions for this case. L:\CrrYDOCS\ORD\CASES\480-301.WPD Page 10 8A-28 f City of Southlake, Texas I STAFF REPORT i February 26, 1999 CASE NO: ZA 99-002 PROJECT: Ordinance No. 480-304/First Reading/ Rezoning- Tract lA2/Francis Throop Survey, Abstract No. 1511 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tract IA2 ! situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.97 acres. I PURPOSE: To plat property into single family residential lots. LOCATION: On the northwest corner of the intersection of Lonesome Dove Avenue and East Dove Road. OWNER/APPLICANT: V. Patrick Gray Custom Homes, Inc. CURRENT ZONING: "0-1" Office District j REQUESTED ZONING: "SF-3 0" Single Family Residential District LAND USE CATEGORY: Medium Density Residential j NO. NOTICES SENT: Eleven (11) I RESPONSES: Four (4) response were received from within the 200' notification area: • David W. Callahan, 2411 Taylor Street, Southlake, TX, in favor. (Received January 28, 1999.) • W.P. Hogue, 1507 E. Dove Road, Southlake, TX, opposed, "I am opposed to this zoning because Mrs. Higgins was forced to sell full acre plus street '/2 right of way." (Received February 4, 1999.) Mr. Hogue stated that Crawford C. Hall and Elizabeth Higgins are also in opposition. We have requested confirmation from Mr. Hall and Mrs. Higgins that Mr. Hogue can serve as their agent.;however, we have not been provided a Power of Attorney I statement to that effect. Therefore, the Hall and Hogans "opposition"has not been added to those opposed to the request (which is less than 20%). If the HalUHogans opposition were City of Southlake, Texas included, the area of opposition would then equal 20% of the adjacent owners. j • F.C. LeVrier, 1515 Dove Road, Southlake, TX, opposed, "1. But would entertain a change from "0-1" to "SFA" 2. All surrounding property owners have a 1 acre plus home site, 3. Mrs. Hogans was selling a 3/4 acre portion of her property to someone to build a home,the city made her sell a 1 acre portion in order for buyer to build a home, 4. We need to be fair and treat everyone on an equal basis, be consistent." (Received February 4, 1999.) • Mario S. Moline, 1481 E Dove Road, Southlake, TX, opposed, "I am strongly opposed to this request. 1. Emerald Estates is zoned "SFa," 2. All surrounding property owner's have 1 acre plus home sites, 3. The area has severe drainage problems, which will not be helped with construction of 3 homes (under 1 acre sites.)" (Received February 4, 1999.) P&Z ACTION: February 4, 1999; Approved (4-1-1). STAFF COMMENTS: A Concept Plan is required with a request for "SF-30 Single Family Residential District" zoning.Due to the limited scope of development of this property the Zoning Administrator has waived the required Concept Plan. An application for a Plat Showing is being processed concurrently with this rezoning application which proposes two lots of approximately 35,000 square feet within the boundary of this request with no new streets or significant public infrastructure. L:\COMDEV\WP-FILES\MEMO\99CASES\99-002Z.WPD VVOC.. -., O-N - - aIbli- I i _.--�' /^. ;l ea•�F cd , CAwa.L Es x �5 MCOLE r—�— �� saga DER II l I A II s � _ LN OM t4i W LLJ yl JACK 0. .WM_� aDANTARY i ;� TRACT MAP ,�,,. ;a5 �I p.ol E L THE OAKS 0.= - "i LO.V�SO.�f= DO \ it - - - - -- A L D C 7.;"' ------------------------ ` I Q ' --------- ----- Q -------- 1 _ � Q . � I ' m g Q IOU I ^Q "SF-1 T� 2a - / D. WALSH -,.Cc A % T=, 29 TR 23 _. M. MOLT NA —R 1; At „AG" I = Ac 85 AC M. COKER "AG" C. HALL _ _ ' - ( J. TANNER 1.00 'SF-1 A" ' AG"T� ,�,�, I ! / I ' B. TANN`=R `'• 5` 1 E. HIGGINS .?T A., _ U.S.A. AG 0 a.c O ! F. LEVRIER ` . U I i, m "SF-1 A ADJACENT OWNERS 1� T, AND ZONING } d 2.---_ $8-H �R `A t CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-304 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 1A2 SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, AND BEING APPROXIMATELY 1.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" 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 L:\CITYDOCS\ORD\CASES\490-304.WPD Page I E 6—S 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 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 d to be generated b the proposed use around the site and in the immediate reasonably expected g y p p 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 Lthroughout this City; and, L:\CITYDOCS%ORD\CASES\480-304.W PD Page 2 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 necessityand need for the changes in zoning and has also found and determined that there has g g 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 LACITYDOMORDTASM480-304.W M Page 3 $'Qj- amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 1A2 situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 197 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" 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 (awl, 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 (awe of the community. They have been made after a full and complete hearing with reasonable L:\CITYDOCS\ORD\CASES\480-304.WPD Page 4 ��—� 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 L:\CITYDOCS\ORD\CASES\4W304.\VPD Page 5 q�n V L7-� 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 , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCS\ORD\CASES\480-304.WPD - - Page 6 PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (WWI LACITYD0CS\0RD\CASFS\4W304.WPD — Page 7 t I EXHIBIT "A" FOR A TRACT IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SITUATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the center of Lonesome Dove Avenue, said point being, the Northeast corner of a tract described in a deed of record in Volume 6792, Page 1148, Deed Records, Tarrant County, Texas, said point also being the Southeast corner of the N. E. Thompson Survey, Abstract No. 1653; THENCE continuing along the East line of the last referenced tract and 'in said Lonesome Dove .AveBue the following courses ang distances: South 178.97 feet, S 7 -31' -00"W. 69.40 feet, S.17 -31' -00"W. 69.40 feet, and S.22b-31' -00"W. 173.30 feet to a nail set in said Lonesome Dove Avenue at its intersection with the extended Northerly line of Dove Road 8nd from which said point a 5/8" iron set for reference bears N.53 -01' -45"W. 46.18 feet; THENCE N.480744.' -58"W. along the Northerly line of said Lonesome Dove Avenue and the South line of the last referenced tract 219.38 feet to a 1" iron found at the most Southerly Southwest corner of the herein described tract, said point being the Southeast corner of a tract described in a deed to Crawford C. Hall etux Doris of record in Volume 2644, Page 268, Deed Records, Tarrant County, Texas; THENCE N.15 -30' -00"E. along a Westerly line of the tract described in Volume 6792, Page 1148, above referenced, and the East line of said Hall tract 350.10 feet to a_ 1" iron found for corner; THENCE S. 870 - 16' - 44" E. 167.90 feet to the POINT OF BEGINNING and containing 1.97 acres. OF ........:... 'WALTER.w. WARD. 20i4 � �oF O i999 WARDSURVEYING CO., INC. ro.wx saosss Fort WWA 76182-0233 ►hon. it 231-5411 I L:\CnYDOCS\DRD\CASESW 80-X9.WPD Page 8 ¢Q� City of Southlake, Texas I I, STAFF REPORT February 26, 1999 CASE NO: ZA 99-003 PROJECT: Plat Showing/Lots 10 through 12, F. Throop No. 1511 Addition I STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 i REQUESTED ACTION: Plat Showing of proposed Lots 10 through 12 (advertised as Lots 9 through 11) F. Throop No. 1511 Addition, on property legally described as being Tracts 2A1 and 2B1, situated in the N.E. Thompson Survey, Abstract No.1563, and Tract 1 A2, situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 3.08 acres. j I PURPOSE: Platting in order to get building permits. i LOCATION: On the northwest corner of the intersection of Lonesome Dove Avenue and East Dove Road. OWNER/APPLICANT: V. Patrick Gray Custom Homes, Inc. CURRENT ZONING: "SF-IA" Single Family Residential District and "O-V Office District i LAND USE CATEGORY: Medium Density Residential and Low Density Residential NO. NOTICES SENT: Thirteen (13) i RESPONSES: Two (2) responses were received from within the 200' notification area: • David W. Callahan, 2411 Taylor Street, Southlake, TX, in favor. (Received January 28, 1999.) • F.C. LeVrier, 1515 E. Dove Road, Southlake, TX, opposed, "1. i All surrounding property owners have a 1 acre plus home site. 2. Would be in favor of zoning change from 'O-l' to 'SF-IA."' (Received February 4, 1999.) P&Z ACTION: February 4, 1999;Approved(5-0-1) subject to Plat Review Summary No. 1, dated January 29, 1999. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated January 29, 1999, with the exception of those listed in Plat Review Summary No. 2, dated February 12, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-003PS.WPD gc- � No Text SIL TR IA5 ? 1.056 AC a 3 1.2 I THE' OAKS OF • o LONESO.VL- DOVE oag0 -J.264 O AID :3 4 s a TR 1,k53 17 ; 1.63 AC 1- ✓ 16 o is TR 'tA4 . i I Ac 77 _ - =RALO CIRCLE EMERALD CIR. ( TR tAi 1 AC Z __________ _____ _____ < 3 4 5 cr < ,.SF-1A t TR 2a TR 2A TR 2A1 I TR 1A1A1A2 i 4.00 AC 1 TR 28 TR 23 31 r' .8 AC .8 AC - - 1 —� — — M. MOLI NA 1 } � „AG„ TR 1a1A1... TR -SA TR N . S er 1.65 AC M AC M. COKER - i TR ,Ai "AG" T 1 TR .9 AC 1A2 iP 131Ao �a2 :;,2 -A3 TR C. HALL Ac 2.39 �.0 1 AC 'T; 4A: 4A4 GINS $ >..o s.o I. riIG g3 AC 1 J. TANNER AC AC 1.00 O 'SF-1 All "A „ TR 131A7 «� E. HIGGINS 7R SF 1 B. TANNER " .24 AC U.S.A. TR 4A5 1.08 AC ' `0 "AG" A G" TR 131A3 /1 5° .77 TR »D TR 40 � TR.501A 2.84 0 f 2.6c Ac 2.64 Ac =O F. LEVRIER m "SF-1 A ADJACENT OWNERS TR 4I AND ZONING y� < 2.32 . gG,,3 TR 3A City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 99-003 Review No: Two Date of Review: 02/12/99 Project Name: Plat Showing,-Lots 10 11 and 12 F. Throop No 1511 Addition being 3.08 acres out of the F. Throop Survey. Abstract No. 1151 APPLICANT: SURVEYOR: Patrick Gray Custom Homes Inc. Ward Surveying Compmy 2608 N. Carroll Ave P.O. Box 820253 Southlake. TX 76092 Fort Worth. TX 76182-0253 Phone: 817) 424-3694 Phone: (817) 281-5411 Fax: (817) 424-2600 Attn: Patrick Graff Fax: (817) 838-7093 Attn: Waymon Ward CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/08/99 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 EDWARD MCROY AT(817)481-5581,EXT. 880. l. In the preamble to the legal description, note the deed information(Vol. & Pg.) for the ownership of this property. 2. In addition to the existing label, note the record owner name and deed information(Vol. & Pg.) for the unplatted property depicted as " Approved Preliminary Plat Higgins Addition". 3. Add the standard flowage easement note per Appendix 5 to the face of the plat (attached). 4. The following changes are needed regarding Right-of-Way dedications and interior street geometry: a. Based on the existing street centerline of Lonesome Dove Avenue,establish a centerline radius and provide a dedication measured 30' from and concentric to the centerline. Label all curve data (delta, radius, length, tangent). b. Label the distance to street centerline from each property corner along Lonesome Dove Avenue and from centerline to the apparent existing east right-of-way line. Also show dimension to the dedication line at each property corner. C. Correct the dimension leader line for the 47' distance shown near the southwest corner. 5. The following changes are needed regarding easements: a. Provide a 15' Drainage Easement along the south line of Lot 11. b. Although the Subdivision Ordinance requires perimeter utility easements, staff recommends that easements for franchise utilities be limited to areas needed for adequate distribution and L:\COMIW\WP-PILBS\PXV\99\99003PS2.WD 1 G�� Page 1 City of Southlake, Texas if possible, be located along the adjacent rights-of-way (min. 10' U.E.) since there is tree coverage along the north and west portions of this property. 6. Correct the City Limit Line to be common with the west line of the Lincoln Survey. 7. Label the west boundary dimension of Lot 12. 8. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I I" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developer's Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees,off-site sewer extensions, and off-site drainage and utility easements, impact fees. * Denotes Informational Comment enc: Flowage Easement Note cc: Patrick Gray Custom Homes Inc. VIA FAX ABOVE Ward Surveying Company VIA FAX ABOVE L:\COMDEV\MP-FILES\RSV\99\99003PS2.MPD SG-S Page 2 These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the City Staff. FLOWAGE EASEMENT NOTE (on the face of all final plats,plat revisions,plat showings, or amended plats with tracts adjacent to Grapevine Lake) Elevation 572 is the boundary of the flowage easement as outlined by the U.S. Army Corps of Engineers. Any encroachments into this easement must obtain written approval from the Reservoir Manager at the following address: Grapevine Lake Project Office U.S. Army Corps of Engineers Rt. 1, Box 10 Grapevine, Texas 76051 February 26, 1996 i Case No. _99-003 Review No. One Dated: 1 -21 - 99 Number of Pages:_ Project Name: Lots9-11. Francis Throop No 1511 Addition(Plat Showing) Contact: Keith Martin. Landscape Administrator Phone: (817) 481-5581. x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 01 - 11 - 98 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * No comments. JAN 2 01999 BUILDING INSPECTIONS L AtreeaW rc-99\99-003 A 00 hill; �yi %i " fit it; I•I i .a .l 3 i = tss i ° $c !I� ;j 1 is !. � , : 'i �33 3 N cjs3 §t 1• �� ' .it ? ji his=:.s� :- : ! si sae °�:3 E j s':l I s . uj Ls.. i9 3ii Ell •�� i; s ; i .s•, :ii� a.;isrs.:=g -� 3. s §.? •{-. i ' ° ite s:`s3=at: :sf: s 7 :: i§• : _ s s ;3i 's1.T1• .1 fi i �' •s i :.e s i3§s" = i', § I Hzi =iii 3.i• : =j:i -i:= t s: -ts-.;•ij'1. : ?:a'ssn ?c § -_is�:�.i••:-- Ss=1s a'=-3 ix; gi _ •3.3:j=s��s ( 4 !is:iez } "33 1 -#ale ai'� sl t i i:$§ 3 ii i• ;-3. = e Mi ` 3sss:33?.=3• - a : :i 3 •• ._ I 2:esi ii ee66 E! Lp L6 Cg �.j:• 0 - i u •. - - z - i - x�_ Z .> Itif � ' !� �`' �r •1 •'h.- 7 3 O _ Soy�Ywu W w»•was ,o.an -fE■—Ta.�.anw ,o aan a -T 7 3AOO_30OS2YO.-j_.—w.,,•oO1S a•-w•_n,O.0 ,' * a.a,� . >'`bar.•, A kk � -- . �`,Nlaui�w a:s•mw4lna a aby o, ; . le t i _ _ e • ram '•,..� ! -I ' '2 I: `o :: �'' • •oi ?I � _ J =� -� 3� � :ice .�-° . •.,po /;+�' sa'. jT N' i j% � s €_ s ItY' s3s ??°33s 33 i ;; •s §33 �s114- §- -i-�f? § t 1 3._ It 'r City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Cur tis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Ordinance No. 737, 1" Reading, Consent to transfer of control of cable television system and franchise from Marcus Cable to Paul G. Allen; and approving related agreements. Action Requested: City Council consideration of Ordinance No. 737, consenting to the transfer of control of cable television system and franchise from Marcus Cable to Paul Allen (acting through the management ,of Charter Communications, Inc.) Background Information: In early 1998, Paul G. Allen, a co-founder of Microsoft Corporation and owner of Vulcan Cable, Inc., made a substantial investment in Marcus Cable Company. At the time, it was reported that the local management retained control of Marcus Cable, including Jeffrey Marcus remaining as CEO. On August 28, 1998, we received letters from Vulcan Cable and Marcus Cable stating that Mr. Allen was assuming control of Marcus Cable. At the same time, he had apparently also purchased Charter Communications, the 11' largest cable company in the United States, based in St. Louis, Missouri. In October 1998, Charter was contracted by Paul Allen to manage Marcus Cable and effect the transfer of the franchise agreement. As required by FCC regulations, we received an FCC 394 "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." In considering the consent to transfer, Fort Worth again took the lead in this issue, as they did in 1995 when Marcus Cable purchased Sammons Cable. At that time, area cities that were affected formed a consortium with Fort Worth to negotiate with Marcus the details of the new franchise agreements. (We did not participate since Harron Cable was the primary cable provider in Southlake and Sammons only served approximately 30 households.) With the transfer currently under consideration, the consortium hired attorneys Mr. John Pestle and Mr. Peter Armstrong of Varnum, Riddering, Schmidt & Howlett to guide the cities through the process. They are recognized national experts in the t area of telecommunications law. M:\WP-FILES\ELECTRNC\CABLE\ord-737mem.doc 1 t Curtis E. Hawk, City Manager February 25, 1999 Page 2 The consortium began meeting with Charter representatives in October 1998 to work out the details of the transfer. It became apparent early on that customer service issues were at the forefront of the consortium cities' concerns. The major provisions of the transfer agreement, and how it differs from the current franchise agreement, are included with this packet. Many of the issues and concerns to be worked out were applicable to all of the cities, but there are also those issues that were of specific concern to a particular city. Southlake's major issue is the requirement for a converter box to receive unscrambled signals on the extended basic service tier of programming (Marcus' "Showcase" level). Under the Harron system, converter boxes were not necessary. This change in technology resulted in higher costs (due to converter box rental rates) and inconvenience on the part of our customers. Section 21, "Special Provisions" of the Acceptance of Terms and Conditions, addresses this concern. The City had 120 days from date of receipt of the FCC 394 to act on this application or it would be automatically transferred. Technically, this "due date" was December 26, 1998, but this deadline was extended voluntarily on December 11, 1998, by Charter to April 1, 1999. On February 22, however, the consortium attorneys and Charter agreed to advance the deadline to midnight, March 15, 1999 due to major financial debt refinancing by Charter. If final action has not been taken by this date, the transfer will be automatically approved. Charter has agreed to make the provisions of the transfer agreement available to each community that takes final action to approve the agreement on the terms and conditions set forth in the Acceptance Agreement attached, if done on or before July 15, 1999. According to the attorneys, "this will still be true even if the community denies approval in the interim, so long as final action is taken by July, 15, 1999 to approve the transfer on the terms and conditions of the Acceptance Agreement." What this means is that if Council is inclined to deny the transfer, they must do so when they consider it at first reading on March 2. Financial Considerations: There are no financial commitments on the part of the City in affecting this transfer if approved. The transfer agreement provides for substantial fines to Marcus in the event of failure to meet specified customer service standards. These are summarized in the attached matrix. M:\WP-FILES\ELECTRNC\CABLE\ord-737mem.doc g�^a t t Curtis E. Hawk, City Manager February 25, 1999 Page 3 Franchise fees will remain the same as in the current agreement. This transfer agreement if approved, will remain in effect until the expiration of the current agreement in June, 2008. Citizen Input/ Board Review: The Acceptance of Terms and Conditions, including Exhibit B to the Acceptance Agreement, "Customer Service and Consumer Protection," have been agreed upon by Charter management through the negotiation process with the consortium and its attorneys. Legal Review: Mr. John Pestle and Mr. Peter Armstrong of Varnum, Riddering, Schmidt & Howlett, represented the consortium throughout the process and have drafted the attached Acceptance Agreement. In addition, Ms. Analeslie Muncy of the City Attorney's office, also represented their client cities, including Southlake, in the process. She prepared the attached ordinance. Alternatives: Denial of the Consent to Transfer, which could result in termination of cable service by Marcus or a legal challenge. Supporting Documents: Attached documents include: • Summary of Points - Marcus Cable Transfer Agreement • Ordinance No. 737, including Acceptance of Terms and Conditions to Transfer of Control, and Southlake Agreement with Paul G. Allen Staff Recommendation: Place Ordinance No. 737, Granting Consent to transfer franchise from Marcus Cable to Paul Allen, on March 2, 1999 agenda for City Council consideration on first reading. AA" KH Approved for Submittal to City Council: City Manager's Office M:\WP-FILES\ELECTRNC\CABLE\ord-737mem.doc 7J -<:77 � t t sr�.. Y O U � o co rA bqq y 4U. � A U ,d tn 4-4 E q O o ec -clbo b 00 a+ U Ct '� s 4ra 'b a U �s W >; 9 6 c� ci `� U) d a� vA U w ¢ o \ r" a� rn � � o co U � ° .G? ` cqp a• al cqs a' `a �. c b XIS, a v r� u ~ CIOu a� .b v� y vUi U U U O M •� 4. C EA ..aj co obi cz cn cUn C am M 9 �` ", .� ccf v� U V tad y„ CUd Fr >•r 0 N �" C�/� PS a-+ i [� r O Q. O O � ti Ol V U O � ryUj AI 69 N 64 M 64 64 • • • �I Uw bcts w a � c w v' 3 i CIO) Qn oo cz d O °o .a ¢ U w N M cn g�-3 1 i � H Md ttt•-r�i .��rr cqsys CIO 191, eC al G G�§ JD 4�O GV7� 'p O Vi. A O N asO U u u to CA N Q 4-4 42 a GO a o " o d 2 0 d o .� CY 4-4 Z R :~ a� pp O w PL4 >, 3 ti a W) U w+ ', h O O N 1 O ti A S ~ cu cz w. cz O O cz •b U64 O W U CO) '� ` :, , U � b -d -d v cts mCl cc w I � 0, v� Cl) 0 0 0 C « 4. .r > U U U a cn J. 4r O M N •Fi � d a V; •o o •o •o •o a a a s a z z z z z U M, U N CIO � �_ ° °U 3 ,b � 03 a a U U 0 4U. E cl ik a a b U ° Mcqs x U ° cqs Gn COD cl H Ey 2 Gs' b b �. c W z 0 0 � z W cl W �l v n (UO c H _>1co W a A .. W x o a man ► > 3 a b ° a c ' C a O «s U a N r G" ° A � Cd o _A U U w x v cn 00 8�-s IL co �M 0 c �I 4 0 'z z 5 . U o U :~ .0 a 4� U «s 43 O A. 0 cn v !S N Col) O w uCQ u ci cn u O 't7 C7 cH, it LF •�.., > u W w on Q � o > o trr G C u W w �' b 00 o u cd O U E O u N u rA co d u Cd H Col C13 o 064 3 ml p u cd C> 04 fV o r ` 1 f t ORDINANCE NO. 737 AN ORDINANCE AMENDING ORDINANCE NOS. 583 AND 675; GRANTING CONSENT TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES, L.L.C. TO PAUL G. ALLEN; AND APPROVING RELATED AGREEMENTS WHEREAS, the City of Southlake granted a cable television franchise to Sammons of Fort Worth, Inc. ("Sammons") pursuant to Ordinance No. 583, as amended by Ordinance No. 675, and the foregoing Ordinances are hereinafter referred to collectively as the "Franchise"); and WHEREAS, Marcus Cable Associates, L.L.C., is the current grantee under the Franchise; and WHEREAS, Marcus Cable Associates, L.L.C. is a wholly owned indirect subsidiary of Marcus Cable Company("MCC"); and WHEREAS, Charter Communications Holdings, L.L.C., a Delaware limited liability company("CC Holdings") is or will be the sole owner of MCC; and WHEREAS, CC Holdings is or will be wholly owned by the following entities: MCPLLC, Vulcan Cable, Inc., a Washington corporation ("Vulcan"), Vulcan Cable H, Inc., a Washington corporation ("Vulcan II"), and Charter Communications, Inc. ("Charter"); and WHEREAS, MCPLLC is owned 74.36% by Marcus Cable Properties, Inc., a Delaware corporation ("MCP Inc.") and 25.64%by Vulcan; and WHEREAS, Paul G. Allen is the sole owner of MCP Inc., Vulcan and Vulcan H and owns 93.25% of Charter, and Allen thereby controls Marcus Cable Associates, L.L.C., the grantee under the Franchise; and WHEREAS, Vulcan is the Manager of MCC pursuant to First Amendment to Operating Agreement dated as of August 25, 1998; and WHEREAS, Charter is managing Marcus Cable Associates, L.L.C. pursuant to a Management Consulting Agreement dated as of October 6, 1998; and WHEREAS, the ownership and control structure as it will exist after the transfer of control is shown in Exhibit A; and WHEREAS, the transfer of control of Marcus Cable Associates, L.L.C. to Allen, the restructuring of the Marcus and Charter cable businesses, and the management of Marcus Cable Associates, L.L.C. by Charter are hereinafter referred to collectively as the"Transaction"; and (awl \\SLKSV0002\khugman$\WP-FILES\ELECTRNC\CABLE\ORD737.DOC ? D,rl WHEREAS, MCPLLC and Vulcan submitted an Application for Franchise Authority Consent on FCC Form 394 providing certain information with respect to the parties and the proposed transfer; and WHEREAS, MCPLLC, Charter and Vulcan submitted additional information and documents relating to the Transaction and its effect on the provision of cable television service within the City in response to requests of the City; and WHEREAS, the City is relying upon the foregoing information and documents in acting upon the Application for Franchising Authority Consent; and WHEREAS, the City intends to consent to the Transaction, subject to acceptance by Marcus Cable Associates, L.L.C., MCP Inc., CC Holdings, Charter, Vulcan and Vulcan II of the terms and conditions set forth herein, having determined that such consent is in the best interest of and consistent with the public necessity and convenience of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. The City does hereby consent to the Transaction, including the transfer of control of the Franchise and the cable television system from Marcus Cable Associates, L.L.C. to Paul G. Allen, subject to execution by Marcus Cable Associates, L.L.C., MCP Inc., CC Holdings, Charter, Vulcan and Vulcan II of an Acceptance Agreement in the form attached hereto and incorporated herein as Exhibit 1, and subject to execution by Paul G. Allen of an Agreement in the form attached hereto and incorporated herein as Exhibit 2, both agreements of which are hereby approved. Section 2. To the extent that this ordinance or the attached Acceptance Agreement and Agreement modify any of the terms and conditions of Ordinance Nos. 583 and 675, said ordinances are hereby amended. Except as hereby amended, the provisions of Ordinance Nos. 583 and 675 shall remain unchanged. Section 3. This ordinance shall be in full force and effect from and after its passage, publication and written acceptance as above specified; provided however, that this ordinance shall expire and be of no further force and effect on October 31, 1999 if the entire Transaction has not been consummated by that date. PASSED AND APPROVED on the 1st reading the_day of , 199_. MAYOR ATTEST: CITY SECRETARY \\SLKSV0002\khugman$\WP-FILES\ELECTRNC\CABLE\ORD737.DOC PASSED AND APPROVED on the 2nd reading the_day of , 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (awl \\SLKS V0002\khugman$\WP-FILES\ELECTRNC\CABLE\ORD737.DOC 8D-9 SOUTHLAKE ACCEPTANCE OF TERMS AND CONDITIONS TO TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") This Acceptance Agreement dated as of , 1999 relates to a cable television franchise granted by the City of Southlake ("City") in Ordinance No. 583, as amended by Ordinance No. 675. The foregoing Ordinances are hereinafter referred to collectively as the "Franchise." Marcus Cable Associates, L.L.C., formerly Marcus Cable Associates, L.P., is the current grantee under the Franchise and is referred to herein as "Company". Company is a wholly owned subsidiary of Marcus Cable Operating Company,L.L.C. Marcus Cable Operating Company, L.L.C. is a wholly owned subsidiary of Marcus Cable Company, L.L.C. Marcus Cable Company, L.L.C. is in turn wholly owned, directly or indirectly,by Marcus Cable Properties, Inc. ("MCP") and Vulcan Cable, Inc., a Washington corporation ("Vulcan"). MCP and Vulcan are wholly owned by Paul G. Allen ("Allen"). The following matters are the subject of this Acceptance Agreement: • Vulcan will become the Manager of Marcus Cable Company, L.L.C. pursuant to First Amendment to Operating Agreement dated August 25, 1998. • Allen has acquired 93.25% ownership of Charter Communications, Inc., ("Charter"), a Delaware corporation that indirectly owns all of the Charter cable television operating entities. Charter has been conducting the day-to-day operations of Company pursuant to a Management Consulting Agreement dated as of October 6, 1998. • Charter Communications Holdings, L.L.C. ("CC Holdings"), a Delaware limited liability company,owns or will own 100% of Marcus Cable Company, which will continue to own 100% of Marcus Cable Operating Company, L.L.C., which in turn owns 100% of Company and 100% of all other Marcus cable television operating entities. CC Holdings will also have indirect 100% ownership of all Charter cable television operating entities. • CC Holdings will be 100% owned directly or indirectly by MCP, Vulcan, Charter and Vulcan Cable II, Inc. ("Vulcan 11"), a Washington corporation. Allen owns 100% of Vulcan II in addition to his ownership of 100% of MCP and Vulcan and 93.25% of Charter. 8 C7-l� Vulcan,Vulcan II, Charter, CC Holdings,MCP and Marcus Cable Associates, L.L.C. make this agreement for the purpose of accepting an Ordinance of the City consenting to the transfer of control of the franchise to Allen and the restructuring set forth above, including management of Company by Charter. The structure of ownership and control as it will exist after the transfer of control and the restructuring is set forth in Exhibit A attached hereto. The transfer of control of Company to Allen and the foregoing restructuring, including Charter's management of Company, are referred to collectively herein as the Transaction. 1. Covenants Binding: The promises,covenants,and conditions contained herein inure to the benefit of the City and are binding on MCP, Charter, Vulcan, Vulcan II, CC Holdings and Company. 2. Acknowledpnent: CC Holdings,MCP, Charter and Vulcan acknowledge that the transfer of control and restructuring are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations provided therein, and that the consent of the City to the Transaction does not constitute a waiver or release of any rights of the City. 3. Reliance: Company, CC Holdings, MCP, Charter and Vulcan acknowledge that the City has consented to the Transaction in reliance upon the representations, documents and information provided by Company, Charter and Vulcan, all of which are incorporated herein by reference. 4. Customer Service. Company will comply with the customer service and consumer protection provisions set forth in Exhibit B. 5. Prior Defaults. Company, MCP, Charter, Vulcan and CC Holdings agree that they will not contend directly or indirectly that any defaults or failures to comply with the fi-anchise or other matters set forth in 47 USC § 546(c)(1)(A) (Communications Act of 1934, Section 626(c)(1)(A) (collectively"Defaults") occurring prior to the Transaction are waived, including but not limited to the following: 5.1 The ability of the City to obtain redress for prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 2 8 D--11 5.2 The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. 5.3 The ability of the City to consider Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 5.4 This Section 5 is without prejudice to Company, MCP, Vulcan or CC Holdings contending that the default or failure to comply has been cured. 6. Validity of Franchise. Charter, MCP, CC Holdings and Vulcan accept and agree to be bound by the terms and conditions of the City Charter, the Franchise and all ordinances applicable to Company's operations after the transfer. Charter, MCP, CC Holdings, Vulcan and Company do not contend that any provision of the Franchise is unlawful or unenforceable, nor are they aware of any ordinance or any provision in the City Charter which they contend is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 7. Franchise for Cable Ong. Company, MCP, CC Holdings, Charter and Vulcan acknowledge that the Franchise is granted solely for the provision of Cable Service including services described in Section 12. 8. Service and Equipment for Public Facilities. 8.1 Following the transfer of control, Charter, MCP, CC Holdings and Vulcan will cause Company to continue to provide the same installations and service without charge to public facilities being provided at the present time,but in all events no less than is required by the Franchise, this Acceptance Agreement or any applicable city ordinance. 8.1.1 Company will provide funds toward the cost of new character generators or similar equipment in accordance with Schedule 8.1.1 attached hereto. Company's total obligation under this Section 8.1.1 for the City and all other municipalities which 3 g b-12 have acted with the City in the consent process shall not exceed $75,000. 9. Access to Records: The records and reports of the franchise grantee which are to be submitted to the City or otherwise made available for the City(such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Charter, Vulcan, CC Holdings and their Affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise,FCC rules or state or local law,or to insure compliance with the Franchise or this Acceptance Agreement. 10. Transaction Transparent to Rates: CC Holdings,Charter,MCP,Company and Vulcan acknowledge that unless expressly provided elsewhere in this Acceptance Agreement(a) the transfer, the consent process, the City's action granting consent, and this Acceptance Agreement and the terms hereof(other than Section 18.2.) do not provide any basis for increasing the amounts paid by subscribers through cost pass-through as so-called "external costs" or as new franchise requirements, (b) the consent process, action, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner, and(c) Company will not separately itemize costs or franchise requirements arising from this Acceptance Agreement on subscriber bills. 11. This Section left blank. 12. Cable Modem, High-Speed Data and Internet Services. The Federal Telecommunications Act of 1996 modified the definition of"cable services" in the Federal Cable Act (Title VI of the Communications Act of 1934, 47 USC Section 115 and following). The change addresses cable companies' ability to provide Enhanced, Advanced Cable Services over a Cable System as a cable service (and not as a telephone service, with accompanying telephone regulation.) The Franchise predates and does not reflect this legislative change. Company intends to provide Enhanced, Advanced Cable Services where economically feasible. 12.1 To remove any uncertainty on Company' authority to provide Enhanced, Advanced Cable Services the parties agree that Company has the authority to provide Enhanced, Advanced Cable Services under 4 8c�— c3 the Franchise and that the revenues therefrom shall be included in gross revenues for the purpose of computing and paying cable franchise fees. 12.2 If Company provides any Enhanced, Advanced Cable Services to residential subscribers within the City, then without any initial or ongoing charge it shall provide the City cable modems and associated access to the Internet with a speed of up to 250 kbs. Such modems and service shall be provided to each City library located within City and to three (3) additional locations specified by the City in City buildings. 13. System Upgrade. If Company has scheduled an upgrade of Company's facilities in the City that has not yet been completed,the estimated completion date is shown on Schedule 13. Company, CC Holdings, MCP, Charter and Vulcan agree that the Transaction will not adversely affect the scope or timing of the upgrade. 14. Continuity of Management.ment. Company, CC Holdings, MCP, Charter and Vulcan acknowledge that (a) at the time of submission of the Form 394 subscribers residing in the City were experiencing serious and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen and Charter have informed the City that they intend to keep the present Charter management team in place. Until the Transaction is completed, Charter will continue to manage Company and the cable television system in the City. 15. Frequency of Rate Increases. Company will not file a submission to increase its rates for basic cable service, equipment, or service calls regulated by the City more than once in each calendar year. 16. Other Matters. 16.1 Conflict: In the event of any conflict between the terms of this Acceptance Agreement and the Franchise or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. 5 g 0- 114 16.2 Waivers: The parties hereto will join the City in obtaining from the FCC any waivers or other relief from time to time necessary to effectuate the provisions of this Acceptance Agreement. 16.3 Null and Void: At the City's option this Acceptance Agreement and the City's consent to the Transaction shall become null and void in either of the following circumstances. Such option may be exercised prior to completion of the Transaction by the City giving written notice to Company and Vulcan at the addresses designated in the Form 394. 16.3.1 If the transfer of control of the Franchise or any other part of the Transaction is not completed on or before October 31, 1999. 16.3.2 If the Management Consulting Agreement dated as of October 6, 1998 pursuant to which Charter is directing the management of Company is terminated or if Charter's control over Company's operations is materially reduced. 16.4 Costs: Vulcan will cause the City to be reimbursed for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. Such reimbursement shall not exceed the aggregate amount of $275,000 plus publication costs for the City and the other municipalities which have acted with the City in connection with the consent process. Reimbursement of costs and fees under this provision shall not be considered a payment of franchise fees, shall not be passed through to subscribers and is subject to the provisions of Section 10. 16.5 Venue and Choice of Law: Venue of any suit under or arising out of this Acceptance Agreement shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Acceptance Agreement shall be construed in accordance with the laws of the State of Texas. 16.6 Treatment of Liquidated Daman: Company, CC Holdings, MCP and Vulcan acknowledge and agree that liquidated damages under this Acceptance Agreement (including its Exhibits) and the Franchise do 6 not constitute franchise fees, do not reduce the amounts otherwise payable as franchise fees,and will not be passed through to subscribers. 16.7 Y2K Compliance: By September 30, 1999 Company will become Y2K compliant and will establish and provide the City with a copy of a contingency plan to prevent disruption of mission critical components including customer service matters. 16.8 Wire Maintenance Fee: Company has announced its intention to discontinue the 990 optional wire maintenance fee program that Company first implemented in 1998 ("Current Fee") and offer in its place an optional program covering maintenance of both telephone and cable wires for a monthly fee of approximately 990 ("New Program"). 16.8.1 If this occurs during or before March 1999: (a) the City will not seek to obtain refunds of amounts collected under the Current Fee; (b) if the City has adopted a Rate Order with respect to the Current Fee, the Rate Order will be deemed to be withdrawn; and (c) if there is a proceeding pending before the FCC with respect to such a Rate Order Company and the City will jointly request termination of the proceeding. 16.8.2 The City will not challenge the New Program during 1999 if the monthly charge remains under $1.00. 16.9 Rate Orders: Unless a final order of the FCC (affirmed on appeal if an appeal is taken) determines that franchise authority rate orders are automatically stayed by the filing of an appeal to the FCC, Company will implement each rate order adopted by the City unless and until Company obtains an order of the FCC or a court of competent jurisdiction staying the effectiveness of the rate order. Company will reimburse all attorneys fees and other expenses incurred by the City as a result of a violation of this Section 16.9. 16.10 Franchise Fee Calculation: Company will comply with the decision of the United States Court of Appeals for the Fifth Circuit in City of Dallas v FCC, 118 F3d 393 (1997). 7 2 b-Ito 16.10.1 Company will pay the additional franchise fees due under the Fifth Circuit decision with interest and without pass-through to subscribers for the time period from September 1997 until Company implemented the decision. 16.10.2 Company will also pay the additional franchise fees due under the Fifth Circuit decision for the period of time from the FCC's decision in United Artists Cable of Baltimore, 10 FCC Rcd. 7250(1995)to September 1997 together with interest thereon. Company may pass through payments under this Section 16.10.2 to subscribers (other than interest) if and to the extent Company reduced its charges to subscribers as a result of the FCC's decision. 17. Institutional Network : Company shall provide, construct, operate and maintain an Institutional Network (excluding coders/decoders, interface and other terminal equipment which will be supplied by Users) that will provide the City and other I-NET Users with Institutional Network Services. The I- NET shall be as set forth below. Unless the City agrees otherwise in writing, the I-NET, including the individual fiber optic fibers constituting all or a portion of it, shall be owned and maintained by Company but provided for the exclusive use of the City and other I-NET Users and shall be provided without any charge to the City or I-NET Users. 17.1 This Section left blank. 17.2 Company shall install and terminate additional fiber optic pairs ("Incremental I-NET Fiber")in Company's future new and replacement fiber optic installations for use as an I-NET as follows. 17.2.1 City will inform Company in writing from time to time of the additional facilities it would like to have served by an I-NET. Company will use such information in its plans for future fiber installations,where(for example) one routing will pass a facility City would like to have served and another(of comparable cost) would not. 8 g �-17 17.2.2 By January 31 of each year Company will provide City with its conceptual plans for new and replacement fiber optic construction for that calendar year. 17.2.3 Company will also provide City from time to time during the year with written notice of conceptual plans for any additional fiber optic construction during that year (or January of the following year). Such notice shall be provided as soon as is feasible. 17.2.4 Upon written request by City, Company will provide City with a conceptual cost estimate (and other information City may reasonably require) of installing Incremental I-Net Fiber along all or a portion of the routes that are a part of such conceptual plans. Such estimates shall be provided as soon as possible after request by City in order that City may have time to obtain approval (such as from its legislative body) to install such Incremental I-Net Fiber. 17.2.5 As to any route where City has requested a conceptual cost estimate, Company shall provide City with the final cost of installing Incremental I-Net Fiber (and such other information as City may reasonably request) as soon as Company's design of the fiber for such route is reasonably complete. City will have 30 days after receipt of the final cost figure to notify Company to install Incremental I-NET Fiber. 17.2.6 The cost of installing Incremental I-NET Fiber shall be computed on an incremental basis, meaning the difference in cost to Company of constructing and installing fiber on a given route (a) with, and(b) without, the Incremental I-NET Fiber. 17.2.7 Company shall be reimbursed by City for the cost of installing I-NET fibers under this Section 17.2 computed as set forth in Section 17.2.6. 17.3 I-NET Maintenance. Company shall provide I-NET Users with a reliable level of service, repair and maintenance that at a minimum, meets the following performance standards: 9 S�-� 8 17.3.1 Company shall maintain a minimum of 99.5 percent service availability to I-NET Users measured over a period of one year. 17.3.2 Company shall respond to repair requests from an I-NET User for circuits identified as critical pursuant to Section 17.3.4 within 2 (two) hours of the request. Company shall respond to other repair requests within four(4) hours of the request. 17.3.3 Company shall provide ongoing maintenance at its discretion, as it deems necessary. Company shall provide at least one week advance notice to any affected I-NET User of any maintenance requiring temporary interruption of services, except in emergency situations. 17.3.4 Company and the City shall develop a mutually agreeable priority listing of critical circuits and their terminal locations. When notifying Company of service complaints, an I-NET User shall identify critical circuits requiring priority repair. Company shall escalate repair of critical circuits to the extent reasonable under the circumstances. 17.4 Definitions. 17.4.1Institutional Network or I-NET means the fiber optic communications network described in Section 17 and Schedule 17 to be constructed and operated by Company for the provision to I-NET Users (but not Cable Service subscribers) of Institutional Network Services. 17.4.2 Institutional Network Services means the provision of usable bandwidth capacity to I-NET Users through fiber optic lines for applications including but not limited to two-way dedicated voice, data, video and telephony channels connecting and interconnecting facilities owned, leased or used by the City, schools, counties, road commissions or other units of state or local government. Other applications include but are not limited to computerized traffic control systems for coordinated traffic control on an area-wide basis; Supervisory Control and Data 10 Acquisition (SCADA) systems for municipally owned water, sewer, gas and electric systems (including street lighting systems); interconnection of facilities serving police, fire and other public safety systems,video arraignment facilities for local courts; interconnection of government buildings for the two or one-way interchange of video signals; and local area networks or wide-area networks connecting governmental buildings, such as for GIS (Geographical Informational Systems) purposes. 17.4.3 I-NET User means and is limited to the City and any school or unit of state or local government designated by the City to receive Institutional Network Services under this Acceptance Agreement. 18. HDTV: Broadcast and cable channels are likely to convert in whole or in part to an HDTV(high definition television) format within the next few years,with channels likely being delivered in both HDTV and conventional analog formats during a transition period. The following provisions address the ability of the City to acquire additional PEG Channels such that one or more Users may have their signals simultaneously delivered by the Cable System in both an HDTV and conventional analog 6 MHz NTSC format for the transition period, and provide funds for Users to convert to an HDTV format. 18.1 Reports: Company shall provide quarterly reports to City on its plans and progress for HDTV conversion, including the number of channels to be converted, date, equipment changes, formats to be used and other information reasonably necessary for the City to be able to plan an appropriate and potentially concurrent conversion of PEG Channels and facilities to HDTV format. 18.2 Grant: After the date when Company provides at least fifty (50) channels in one or more of several high definition television (or successor) formats, as such formats may from time to time be adopted or in effect("HDTV Format"), then upon request from City Company shall provide a Capital Facilities grant to City sufficient for Users to convert all their facilities and equipment (including but not limited to studios, vans, video, audio, lighting, control, storage and editing equipment) to the HDTV Format selected by City but with the amount of such grant not to exceed 300 per customer per month when 11 amortized over Company's subscribers as of the end of the calendar quarter preceding the date when the grant is made, using straight line amortization without interest for the lesser of five (5) years or the remaining term of the Franchise. City shall allocate the grant among Users for such purpose as City deems is in the public interest. Company shall modify the cable system whereby Company receives PEG signals from each User (for redistribution on its Cable System) so as to be capable of receiving and accepting the User's signals. City shall co- ordinate with Company to ensure that the HDTV Format selected by City is compatible with the format employed by Company. 18.3 Temporary Additional PEG Channels: After the date when Company provides at least fifty (50) channels in HDTV Format, City may from time to time request, and Company shall provide, one additional PEG Channel so as to allow, to the extent deemed appropriate by City, PEG Channel simulcasting in both 6 MHz analog NTSC format and in an HDTV Format. Company need no longer provide the additional PEG Channel described in the preceding sentence when Company no longer provides any channel of programming on the Cable System in 6 MHz NTSC analog format. 18.4 Allocation of PEG Channels: As of the effective date of this Acceptance Agreement City may allocate and reallocate PEG Channels as follows: City may at any time on six (6) months notice to Company allocate or reallocate the usage of the PEG Channels among and between different uses and Users. This expressly may include City removing a User or PEG Channel, replacing a User or PEG Channel, requiring several different persons to share or jointly use a given PEG Channel or conversely allowing one or more persons currently sharing such a channel to have a channel on which they are the sole User. 19. Leased Access and PEG Channels: The need for a PEG Channel can be removed by Company providing the User designated by City of such current or prospective PEG Channel with an otherwise identical leased access channel, so long as the leased access rate for such User is One Dollar($1.00) per year. In the event the preceding sentence is exercised it shall be applied first to educational channels and then to public channels. If applied to such channels the channel number on which they are carried shall not be changed and such channels shall be included in the basic tier of service and shall be listed in 12 2b_at Company's program guide or comparable listing with an appropriate description, such as "City of Fort Worth Channel" or "Fort Worth Public Schools Channel." The need for a PEG Channel is removed only so long as the User in question in fact is provided with such leased access channel. 20. Transfer. City consent in advance shall be required for a transfer of control of Company, which shall include,but is not limited to, any of the following: 20.1 Any change in limited partnership interests, non-managing limited liability company interests, or non voting stock representing thirty percent or more of the equity interests in the entity in question. 20.2 Any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration (such as compared to consideration previously provided). 20.3 Any change in the effective control of Company including that described in 47 C.F.R. § 76.501 and following (including the notes thereto but excluding footnote 2f) as in effect on the date of this Acceptance Agreement. 20.4 A transfer by Paul G. Allen of any interest in MCP, Vulcan, Vulcan II or Charter other than to an entity at least 80% owned by him that assumes the guarantees provided in Section 23. 20.5 Any transfer or transfers such that the direct and indirect ownership of Allen in CC Holdings is less than 70%. 20.6 Any acquisition of more than 10% ownership of CC Holdings by a person or entity(or a group of persons or entities acting together) other than Allen or entities wholly or more than 80% owned by Allen. 21. Special Provision: For the years 1999, 2000 and 2001, Company will not charge subscribers for convertor box(es) that are now required to receive the same channels they were able to receive without convertor boxes prior to Company's system upgrade. 22. Definitions. The following definitions shall apply for the purpose of this Acceptance Agreement and its Exhibits. 13 91D-aa 22.1 Affiliate means any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. 22.2 Capital Facilities means PEG Channel and I-NET related facilities and equipment including fiber lines, studios,production facilities, vans and cameras or other property having a useful life of more than one year, as well as any expenditures which increase or add to the value of the facilities or equipment, adapt the facilities or equipment to new or different uses, or maintain, restore, extend or prolong the useful life of such facilities or equipment. 22.3 Cable Service means 22.3.1 The one-way transmission to all subscribers of (i) Video Programming, or (ii) other programming services, by which is meant information which Company makes available to all subscribers generally, such as digital cable radio service, and 22.3.2 Subscriber interaction, if any, including but not limited to that which is used for the selection or use of such Video Programming or other programming services, selecting from various on-screen options, use of Enhanced, Advanced Cable Services, game channels, interactive services, downloading programs or data access, or ordering merchandise, and 22.3.3 Institutional Network Services. 22.4 Cable System or System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Services to multiple subscribers within the franchised area,but such term does not include(i)a facility that serves only to re-transmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right of way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that 14 8�-a3 such a facility shall be considered a Cable System (other than for purposes of Section 621(c) of such Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934, as amended; or(v) any facilities of any electric utility used solely for operating its electric utility system. 22.5 Enhanced, Advanced Cable Services means enhanced services, information services, Internet protocol (IP) telephony, high speed data service, Internet access and Internet service (such as that of an Internet service provider). 22.6 FCC means the Federal Communications Commission. 22.7 I-NET User has the meaning set forth in Section 17.4.3. 22.8 Institutional Network or I-NET has the meaning set forth in Section 17.4.1. 22.9 Institutional Network Services has the meaning set forth in Section 17.4.2. 22.10 PEG Channels means the public channels, educational channels and government channels provided by Company on the cable system under the Franchise,this Acceptance Agreement,or applicable ordinance,and shall include leased access channels provided pursuant to Section 19 herein. 22.11 User means a person authorized to operate or use a PEG Channel (or a leased access channel provided in lieu of a PEG Channel under Section 19) or the I-NET, and shall include City. If several persons share the operation of a PEG Channel each person shall be a separate User. 22.12 Video Programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 15 g �^a� 23. Guarantee. Marcus Cable Properties,Inc.,Vulcan Cable,Inc.,Vulcan Cable II,Inc.,Charter Communications,Inc.and Charter Communications Holdings, L.L.C. hereby jointly and severally unconditionally guarantee performance of the obligations of the Franchise and of this Acceptance Agreement by Company. Vulcan Cable, Inc. By: Vulcan Cable II, Inc. By: Marcus Cable Associates, L.L.C. By: Marcus Cable Properties, Inc. By: Charter Communications, Inc. By: 16 g �as Charter Communications Holdings, L.L.C. By: 0 J b mm O 'O e y n y O cr 0 co r� y � i e� CD _ ycr oo 0 p•d o ' CD V y r o4 y 0 CA n a ' psi 0 C r 5 O o t" o ., go o r p 'C3 ►*, CD y e prq O a' r � r cn Y r CD Sao y ,�. r �'= sv C co j SD n � aa �• �• o � � � n O i O n C7 i : c o t CD �V{] t O (D O y N cD• � i CD � S r n o ) o ' o ' CS' A — CD A� CD �•tNi� i y CD CD a �J CD In ', C w CD CD CD Tea a i CX1 �--+ LA CD Q`f7 ON O CD00 CML 00 00 CD o Cr av 18 ' a. �y r r A. W 7� `t C v. J fL C) EXHIBIT B TO ACCEPTANCE AGREEMENT CUSTOMER SERVICE AND CONSUMER PROTECTION 1. Customer Service Standards: Company shall at all times comply with the more stringent of the customer service and consumer protection provisions of this Exhibit B,the Franchise and the FCC. This requirement is in addition to the specific provisions of subsequent sections set forth below. 1.1 Company shall continue to comply with the National Cable Television Association's On-Time Customer Service Guarantee, a copy of which is attached as Exhibit B 1. The guarantee promises on-time service calls or the customer receives $20.00, and on-time installation calls or the customer receives a free installation. The $20.00 may be in the form of a credit. 1.2 Company may provide the Customer Bill of Rights of Charter to its subscribers in the City. 2. City Monitoring: In addition to free outlets, free cable service or services otherwise required by the Franchise,Company shall provide one service outlet (which shall be at the Cable Administrator's office at City Hall, unless otherwise specified by City)that shall receive without charge all programming (and any other Cable Services) provided by Company, including services of a premium, pay per view or other nature. Such service shall be provided in such a manner that City may monitor the programming and use of the cable system for compliance with the Franchise, this Acceptance Agreement, FCC technical standards,and applicable law. The services provided pursuant to this Section 2 shall be in a secure office location and not in a location open to public viewing. 3. Scrambling/Blocking: Upon completion of the planned system upgrade to 860 MHz, Company shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming. 3.1 Upon request by a subscriber, Company shall entirely block such subscriber from receiving both the audio and video portion of any -- channel with predominantly adult oriented programming with devices 19 8 -�8 such as a notch filter which prevent the frequencies containing a specific channel or channels from being transmitted into the subscriber's premises. 4. Pay Per View: Subscribers shall be given the options of(a)not having pay per view or per program service available at all or (b) only having such service provided upon the subscriber providing a security number selected by an adult representative of the subscriber. 5. Notification: Company shall provide written information on at least each of the following matters (a) at the time of installation or reinstallation of service, (b) annually to all subscribers, and(c) at any time upon request of a subscriber or the City. The information shall be dated with the printing, revision, or effective date. 5.1 Products and services offered. 5.2 Prices (rates) and options for Cable Services and conditions of subscription to Cable Service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, processing charges for late payment and other fees charged by Company. 5.3 Installation and service maintenance policies. 5.4 Instructions on how to use Cable Services, including procedures and options for pay per view, premium channels and connection to a VCR. 5.5 Channel positions of programming carried on the cable system, including a listing specific to the City showing the channel names and numbers actually available to subscribers in the City. 5.6 Billing and complaint procedures with a notice for the subscriber to initially contact Company with complaints and questions. 5.7 Applicable privacy requirements as set forth in the Franchise or provided for by law. 20 5.8 The availability of lockout devices and the ability to have a channel entirely blocked or trapped(Section 3.1). 5.9 The refunds and free service available for violations of Sections 10 and 12 and how to obtain same. 5.10 The procedure for resolving signal quality problems set forth in Section 20.2. 6. Notice of Changes: Subscribers and the City shall be notified of any changes in rates, Cable Services or channel positions as soon as possible through announcements on the cable system or in writing. Company will notify City in advance of notifying subscribers and will make every effort to notify City forth-five (45) days in advance of a change. Unless a longer time period is required by applicable law or regulation, notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Company and as soon as possible if not within the control of Company. In addition,Company shall notify subscribers and the City thirty (30) days in advance of any significant changes in the matters covered by the preceding Section 5. Notifications provided pursuant to this Section shall be dated with the printing, revision or effective date. 7. Telephone Service Standards: 7.1 Company shall have a local or toll-free telephone number available for use by subscribers toll-free twenty-four (24) hours per day, seven (7) days per week. 7.2 The local or toll-free numbers shall be listed, with appropriate explanations, in the directory published by each local telephone company and in any significant directories published by others. 7.3 Trained Company Representatives shall be available to respond to subscriber telephone inquiries twenty-four(24)hours per day,seven(7) days per week. 7.3.1 As to video service matters, the term "Trained Company Representatives" shall mean employees of Company who have the authority and capability while speaking with a subscriber to, 21 g D-30 among other things, answer billing questions, adjust bills, and schedule service and installation calls. 7.4 Under Normal Operating Conditions, telephone answer time by a Trained Company Representative,including wait time, shall not exceed thirty(30) seconds from when the connection is made. If the call needs to be transferred,the time to complete the transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. 7.5 Under Normal Operating Conditions, the subscriber shall receive a busy signal less than three percent (3%) of the time, measured on a quarterly basis. 8. Office/Home Delivery-Pick Up: 8.1 Company shall maintain a"virtual office"within the City consisting of (a) a toll-free telephone number which all subscribers in the City can access twenty-four (24) hours per day, seven (7) days per week to register complaints or ask questions concerning Cable Service, billing matters or the cable system, (b) one or more conveniently located bill payment offices within the City (unless no location within the City is available) where subscribers can pay their bills, and (c) delivery and pickup by Company of converter boxes,remotes and similar Company- provided customer premises equipment at no charge to subscribers (excluding customer initiated disconnects). 9. Installation Standards: Under Normal Operating Conditions, installations located up to one hundred fifty(150) aerial feet from the existing distribution cable system shall be performed within seven (7)business days after an order has been placed no less than ninety-five percent (95%) of the time, measured on a quarterly basis. 10. Installations/Service Calls: The following shall apply to subscribers (current or new) requesting installations or service: 22 zS 17'3 � 10.1 Installations and service calls shall be available at a minimum from 8 AM to 7 PM Monday through Saturday. Company shall at the subscriber's option either(1) schedule the subscriber to be the first call of the day or last call of the day on a first come, first served basis, (2) schedule the appointment for a date certain on a "call to meet" basis where as the service technician finishes his/her prior task, the technician calls the subscriber and arranges to meet the subscriber shortly thereafter, or(3) establish an appointment window of no more than three (3) hours with the subscriber(or adult representative of the subscriber) or another appointment window mutually agreed upon between the subscriber and Company. 10.2 Company shall respond to the request for service in accordance with the option selected by the subscriber. 10.3 Company shall not cancel an appointment with a subscriber after 5 PM on the business day prior to the scheduled appointment. 10.4 If Company's technician is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber shall promptly be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the subscriber. 10.5 In the event access to the subscriber's premises is not made available to Company's technician when the technician arrives during the established appointment window, the technician shall leave written notification stating the time of arrival and requesting that Company be contacted again to establish a new appointment window. 10.6 Notwithstanding the foregoing, if Company's technician or service representative telephones the subscriber during or prior to the appointment window and is advised that the technician will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to travel to the subscriber's premises or to leave the written notification referred to above, and the burden shall again be upon the subscriber (or adult representative of the subscriber) to contact Company to arrange for a new appointment. 10.7 Except as otherwise provided above, Company shall be deemed to have responded to a service or installation request under the provisions of 23 9 D- 3a this section when a technician arrives at the service location or is advised by telephone no access will be given. 10.8 Company's service technician or service representative shall take adequate time on each service call to address or correct the problem in question. 10.9 In the event that Company ceases to provide the NCTA On-Time Customer Service Guarantee (Exhibit B 1) a violation by Company of the provisions of this Section 10 shall automatically entitle the subscriber to one month of free basic service and (if currently purchased by the subscriber) one month of free cable programming service (as defined in 47 C.F.R. § 76.901). 10.10 Under Normal Operating Conditions, Company shall meet the standards of Section 10.1 through 10.3 no less than ninety-five percent (95%) of the time, measured on a quarterly basis. 11. Service Call Charges: No charge shall be made to the subscriber for any service call relating to Company owned and Company maintained equipment after the initial installation of Cable Service unless the problem giving rise to the service request can be demonstrated by Company to have been: 11.1 Caused by negligence or malicious destruction of cable equipment by the subscriber, or 11.2 A problem established as having been non-cable in origin. 12. Service Interruptions: 12.1 Under Normal Operating Conditions, Company shall meet the standards of Sections 12.2 and 12.4 no less than ninety-five percent (95%) of the time measured on a quarterly basis. 12.2 Under Normal Operating Conditions,Company shall begin working on a Service Interruption promptly and in no event later than twenty-four (24) hours after the interruption becomes known to Company. 12.3 "Service Interruption" means the loss of picture or sound on one or more cable channels, affecting one or more subscribers. 24 2 -b- 33 12.4 Under Normal Operating Conditions,Company shall begin working on subscriber complaints involving impairment or degradation of signal quality (other than a Service Interruption) promptly and in no event later than the next business day after the problem becomes known to Company. 12.5 Company shall be deemed to have begun work under the provisions of this section when a technician arrives at the service location. 12.6 Company shall provide affected subscribers, upon request by the City or the subscriber, with one day's free service (equivalent to the service they were receiving at the time of the interruption) for each day or portion thereof of Service Interruption. 13. Log of Com laints: Company shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of a random sampling of all cable-related customer Complaints within the City that are referred to Company's Customer Care Group. Such log shall be in form and substance acceptable to the City and at minimum list the date and time of each such Complaint, identify the customer to the extent allowed by law, and describe the nature of the Complaint and when and what actions were taken by Company in response thereto. The log shall be organized by City. The log shall be kept at Company's office in or near the City for a period of at least two (2) years and shall be available for inspection during regular business hours by the City upon request. 14. Bills: Company shall comply with the following on Cable Service billing: 14.1 Bills shall be issued monthly to each subscriber with a balance due or change of service. 14.2 Bills shall be clear, concise and understandable. Bills shall be fully itemized,with itemizations including, but not limited to,basic service, cable programming service, premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late charges. 14.3 Each bill shall prominently display Company's local or toll-free telephone numbers available for use by subscribers. If a bill has more than one portion(for example, one portion that is kept by the customer and one portion that is sent to Company)the numbers shall prominently 25 8 �-3�1 appear on the front side of the portion of the bill retained by the customer. 14.4 Company shall respond in writing to all written complaints from subscribers regarding billing matters within thirty (30) days. 14.5 Company shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute. However, during a billing dispute Company may disconnect a subscriber for failure to pay charges that are not contested. 14.6 The City shall be given thirty (30) days advance notice of any change in the format of bills. 15. Refunds and Credits: Refund checks for Cable Service shall be issued promptly, but no later than either: 15.1 The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 15.2 If service is terminated, 30 days after return of equipment owned by Company or at the time of the next billing cycle, whichever is earlier. 15.3 Credits for Cable Service shall be issued no later than the subscriber's next billing cycle following a determination that a credit is warranted. 16. Late Pavment for Cable Service 16.1 Each bill shall specify on its face in a fashion emphasizing same (such as bold face type, underlined type or a larger font): "For payments received after [date] a$ processing fee for late payment may be charged." 16.2 No processing fees for late payment, however denominated, shall be added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber. 16.3 No processing fees for late payment, however denominated, shall be added to a subscriber's bill by reason of delay in payment other than those described in this Section 16. All such charges shall be separately stated on the subscriber's bill and include the word "late" in the description of them. 26 16.4 There have been negotiations in connection with this Acceptance Agreement regarding the appropriate amount of fees that may be charged for late payment. The parties have agreed to withdraw this issue from consideration without prejudice to any claims and defenses. 17. Disconnection 17.1 Company shall not disconnect a subscriber for failure to pay until at least forty-five (45) days have elapsed after the due date for payment of the subscriber's bill and Company has provided at least ten(10)days written notice separate from the monthly bill to the subscriber prior to disconnection, specifying the effective date after which Cable Services are subject to disconnection. 17.2 Company may disconnect a subscriber at any time if Company in good faith believes that the subscriber has tampered with or abused Company's equipment, that there is a signal leakage problem (or other non-compliance with FCC rules or other standards which poses a risk to lives or property) on the subscriber's premises, or that the subscriber is or may be engaged in the theft of Cable Services. 17.3 Company shall promptly disconnect any subscriber who so requests disconnection. No period of notice prior to requested termination of service shall be required of subscribers by Company. No charge shall be imposed upon the subscriber for or related to disconnection or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay in returning Company equipment). If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by Company provided that Company equipment has been returned. 17.4 The term "disconnect" shall include customers who elect to cease receiving Cable Service from Company and to receive Cable Service or other multi-channel video service from another person or entity. 18. Truth In Advertising: Company's bills, advertising and communications to its current or potential subscribers shall be truthful and shall not contain any false or misleading statement. For the purposes of the preceding, a statement is false or misleading if it contains an untrue statement of any material fact or omits to state a material fact necessary in order to make the statements made, 27 9 D-310 r in the light of the circumstances under which they were made, not misleading. 19. Reports: Company shall provide reports to the City monthly (by the 15th business day of the following month) and quarterly (by the 15th business day of the following quarter) as follows: 19.1 The reports shall include the following forms currently used by Charter or otherwise in form and substance acceptable to the City, showing on a consistent basis,fairly applied,Company's compliance with customer service standards. 19.1.1 System Statistics Report, Exhibit B2, which covers customer service matters. 19.1.2 Monthly Report of Service Calls by Reason, Exhibit B3, which shall include an explanation of the categories of reported reasons. 19.1.3 Monthly Outage Summary by Franchise, Exhibit B4. 19.1.4 Monthly Service Call Availability Analysis and Installation Call Availability Analysis, Exhibit B5. 19.1.5 Monthly Customer Call Sample Report, Exhibit B6, both by City and on an overall basis, showing the results of a random sampling of customer complaints referred to Company's Customer Care Group. 19.1.6 Monthly Call Center Performance Report, Exhibit B7 (excluding the 2% "assumed" adjustment). 19.2 Such reports shall show Company's performance excluding periods that were not Normal Operating Conditions ("Abnormal Operating Conditions") and if Company contends any such conditions occurred during the period in question,it shall also describe the nature and extent of Abnormal Operating Conditions and show Company's performance both including and excluding the time periods Company contends such conditions were in effect. 19.3 At the City's request Company will provide additional information and existing reports reasonably related to the measurement and evaluation 28 2 D-31 of Company's compliance with the customer service requirements of the Franchise, the Acceptance Agreement, and this Exhibit B. 19.4 Reports of installations/service calls (Section 10) and service interruptions(Section 12)shall report matters occurring within the City. Telephone reports may be for a larger area than the City if Company can demonstrate that it is, in fact, representative of the phone service provided within the City,such as where a call center receives calls from numerous municipalities with no ability to distinguish between or give preference to calls from one area or City over another. 19.5 The City,by itself or in combination with other municipalities,reserves the right to audit Company(or any Affiliate of Company) to verify the accuracy of the reports required under this Section 19. All records (including those of Affiliates)reasonably necessary to conduct the audit shall be made available at a convenient location in the Fort Worth area. If the audit discloses performance that is three (3) percentage points worse than any of the standards of the referenced sections (such as compliance 92% of the time versus 95% of the time) Company shall pay the City's costs in connection with the audit within thirty(30) days of submission of an invoice. 20. FCC Technical Standards: The following shall apply to Company's implementation of and compliance with the rules and regulations relating to cable television technical standards for signal quality, currently set forth at 47 C.F.R. § 76.601 and following, and subsequent amendments thereto: 20.1 Company shall notify the City in advance of testing for compliance with FCC standards. The City may have a representative present to observe such tests and may designate one location to be tested. Company shall provide the City with a report of testing for compliance with such standards upon written request (but not more than twice a year). Such report to City shall state, in pertinent part, that the person doing the testing has reviewed the applicable rules and regulations of the FCC,the industry standards and other materials referenced therein, and that such testing was done fairly and either shows full compliance with such rules and regulations or sets forth with specificity and in detail all areas of non-compliance, their actual or likely scope and causes, and Company's professional recommendation of the best corrective measures to immediately and permanently correct the non- compliance. 29 20.2 Company shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to Company. All matters not resolved by Company shall at Company's or the subscriber's option be referred to the City for it to resolve. All matters not resolved by the City may be referred to the FCC for it to resolve. 20.3 The City at its expense (no more than twice per year, barring unusual circumstances) upon thirty (30) days written notice to Company may test the cable system for compliance with the FCC technical standards. Company shall cooperate in such tests and provide access to the cable system. Company shall reimburse the City for the full expense of any test which shows a material non-compliance with such standards. 21. Liquidated Damages - Telephone Service. Installation, Service Calls: Company acknowledges that non-compliance with the customer service standards identified above will harm subscribers and the City and the amounts of actual damages will be difficult or impossible to ascertain. For the second calendar quarter of 1999 and thereafter, the City may therefore assess the following liquidated damages against Company for non-compliance with the customer service standards set forth in Sections 7.3, 7.4, 7.5, 9, 10.1, 10.2, 10.3, 10.10, 12.1, 12.2 and 12.4 (measured on a quarterly basis). Company acknowledges that the liquidated damages set forth below are a reasonable approximation of actual damages and that this Section 21 is intended to provide compensation and is not a penalty. 21.1 Telephone Standards. The damages for non-compliance with one or more of the standards in Sections 7.3, 7.4 and 7.5 during a calendar quarter are: 21.1.1 First non-compliance: $1.00 per subscriber. 21.1.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 21.1.3 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 21.2 Service and Installation Standards. The damages for non-compliance with one or more of the standards in Sections 9, 10.1, 10.2, 10.3, 10.10, 12.1, 12.2 and 12.4 during a calendar quarter are: 30 gD-39 21.2.1 First non-compliance: $1.00 per subscriber. 21.2.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 21.2.3 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 21.3 Minimums. The liquidated damages for the first and each subsequent non-compliance under Section 21.1 or Section 21.2 shall be no less than $5,000, unless modified as provided in Section 21.4. 21.4 Effect of Extended Periods of Compliance. If Company complies with all of the standards identified in Sections 21.1 and 21.2 for eight consecutive calendar quarters,the damages for the first subsequent non- compliance with any of those standards will be the greater of 25¢ per subscriber or $3,000. 21.4.1 Following such a non-compliance the damages provided in Sections 21.1 and 21.2 will again be-applicable so that the next non-compliance within four (4) consecutive calendar quarters will be subject to Sections 21.1.2 and/or 21.2.2. 21.5 An event of non-compliance will be taken into account in determining whether a later event of non-compliance is a second, third or subsequent event without regard to whether City has assessed liquidated damages or taken any other action with respect to the non- compliance. 21.6 Company shall report the number of subscribers within the City on the last day of the quarter by the 15th business day of the following quarter. 22. Liquidated Damages - Other: 22.1 Liquidated damages in the amount set forth in Section 21.1.1 (but not less than the amount set forth in Section 21.3) may be assessed for failure to timely submit the quarterly reports required by Section 19. 31 22.2 Liquidated damages may be assessed for violation of the provision of Section 26.4 for submission of reports within five (5) business days in the amount of$1,000 per day. 23. Procedure for Assessment of Liquidated Damages: The procedure for consideration and assessment of liquidated damages is as follows: 23.1 Liquidated damages shall be assessed by the City Manager or his or her designee. 23.2 Company may obtain a review of the assessment by the City Council by making a written request within ten(10) business days after receipt of notice in writing of the assessment and its basis. 23.3 Company shall have an opportunity to be heard at a meeting of the City Council or by a person designated by the Council as a hearing officer prior to action being taken by the Council. 23.4 The City Council may adopt additional procedures, including appointment of a City official or other person to act as a hearing officer. The Council's decision may be based upon the record of proceedings conducted by the hearing officer or a proposal for decision submitted by the hearing officer. 24. Pavment of Liquidated Damages: Liquidated damages shall be paid on or before the tenth ( 10th) business day following assessment or, if Company requests review by the City Council, on or before the tenth(1 Oth) business day following issuance of the Council's decision. 25. Ombudsman: Company will provide a senior employee(at the Vice President or Director level) as director of government affairs and ombudsman reporting directly to a regional vice president of CC Holdings. The director of government affairs will have responsibility for working with the City and other cities in the area to address problems that may arise under the Franchise and shall be Company's ombudsman for both the City and subscribers. Company will give the City an opportunity to comment on the detailed job description of the director of government affairs before the position is filled. 26. City Liaison: Company shall continue to provide problem solving liaison services for the City of the type being provided to the City of Fort Worth by Charter's Customer Care Group in the Fall of 1998. The purpose of this service is to provide the City with direct access to supervisory level personnel 32 who can obtain prompt action on customer service problems referred by the City to Company. This service shall include at least the following: 26.1 The personnel providing the service shall be located in Tarrant County. 26.2 The personnel providing the service shall have sufficient authority and access to Company facilities and personnel in order to investigate and take appropriate remedial action without delay. 26.3 The City shall be given a special direct phone number to use (which may also be used by other cities, but which will not be made available to the general public) which will generally during normal business hours be answered by a live person and will provide immediate access to a person having the authority specified in the preceding section. 26.4 Company shall investigate (including an attempt to contact the subscriber) and respond to the City on each call, fax or written complaint or request by the end of the next business day and shall provide a written report within five (5) business days. 26.5 Company shall give the City notice in writing of changes in the key contact personnel or material changes in procedures involved in providing this service. 27. Definitions: For the purposes of this Exhibit B, the following definitions shall apply: 27.1 Cable Administrator means the person designated by City as having principle responsibility for cable matters. 27.2 Complaint means a telephone call or written communication from a customer notifying Company of a problem relating to Company's billing or billing practices, Company's equipment, picture quality, failure to receive one or more channels, a change in Company's practice or policy, Company advertising or other business practice, the conduct of a Company employee or contractor, or the failure of Company or a service representative to comply with customer service regulations. 27.3 Normal Operating Conditions means those service conditions which are within the control of Company. Those conditions which are not within the control of Company include,but are not limited to,natural disasters, 33 8D- qz civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are- within the control of Company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular or seasonal demand periods, changes in the billing cycle, changes in the form of bills and other billing matters, changes in channel lineups or services that are within Company's control, and repairs, rebuilds, maintenance and upgrade of the cable system including computer software and hardware. 27.3.1 Y2K. Y2K problems involving systems of Company, CC Holdings, Vulcan, Charter or Affiliates of any of them are not within the control of Company for purposes of measuring compliance with customer service standards during the period January 1, 2000 through and including January 14, 2000 but are within the control of Company before and after that period of time. 27.3.2 Labor Disputes. Employee strikes, slowdowns and walkouts of less than 30 days duration are not within the control of Company. 34 g �- �j3 EXHIBIT B 1 `f NJNS` On-Time Customer Service Guarantee Proera.m Our On-Time Customer Service Guarantee Program underscores our commitment to providing our customers with the best service possible. This program is not about refunds; it is about making customer service a top •r priority. Simply stated, we pledge the following: ✓ On-time installation appointments or the installation of the primary outlet is free ✓ On-time service appointments or the customer receives S20 35 EXHIBIT B2 System Statistics for City, Third Quarter 1999 Homes Passed 11,719 Customers 4,937 Penetration 42% Jnstalladons 400 Disconnects 382 ,Net Gain 18 Technical Performance Technical Service Calls 124 Technical Service Call Rate 2.5% Service Interru tion Response <24 firs. 98.7% Service Call Availability for Next Business Day 96.5% Installation Schedules <7 days 99.00/0 System Reliability 99.927% Telephone Performance Calls Received 110,000 Calls Answered <30 seconds 101,000 Percentage answered <30 seconds (unadjusted) 91.8% Percentage answered <30 seconds adjust * 93.7% Reasons for adjustment: - ice storm 12/17/98 - City power outage 12/25/98 Calls to City Referred to Charter 10 On-Time Performance - Service calls - 95% next business day 99.8% - installations - 95% within 7 business days 98.7% - Service disruption - 95% within 24 hours Trained Company Representative available to respond to telephone inquiries 24 hrs/day, 7 days/week Percentage calls receiving busy signal Total outages reported * Adjustments are for Abnormal'Operating Conditions as defined in Sections 19.3 and 27.3 of Exhibit B, Acceptance Agreement. 36 : FAIIIBIT B3 w CCU C x o^ V v N . 400 :it �. . As ((vyy pvp CISdi ■ ■ O i 0 0 C C 00� it O ■ t� .d kh x C �z w° z a � � Q uu �' C 12 Q v c< ;7 EXHIBIT B4 Page I of 2 ills H••1 VI �v :21 g yy 1 Y w•� W A 0♦I�tP+.-�Iw d •o .O N`o 1.• M��•J.,O 4 V�i R V p.�.-'O W«�•V / O 'V C m'W p ' P�•'~• N1p w d ARWP W1• V•r . �•WI 1 r�c ra,o�C �-<••�D`-I' 1 a! v7E: >+�c�;-c•,a<n�o F�--��i,r��c��''•.Q p fii x�?-�''j,.Y�'�"t%�a 47 \\\•\\.-•j.-.r►± ... + ...•--rl •.-. !...... r N tJ U.A-N 1J1 i•N_N J try U N I.:=` •N N�wf O •�•1•��~W� \ \�"C O O'O O..•\p L ti V`V -\�\\\•\\\V./V W fJ N Iy-N N N N.�NN V N N N N y�J\ .��'' •1{'••o`O .TjO.A N L1\N..}}}�• W�.••`4 04 O•r O d 4.d:O 0•¢O.V v O A:A.t•�I ur. d_ .e�.o.�ce�oedn:�l o�ooceu.•c000.'e�oae".etlofe�e�o•.�O�aaaamac••Im!w_wvwowa:a�o� � �r r O:}N N J � �a.O+Q O r tJ ' + i • r � � � 11 OYN 1 ..I.w t-'O .�. O V..arM .. 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J c .w201Ob0 2 4•]jz OZ Z •� RO. 07o�m�j'•O� �Y 2 GAL C ~ - .A.1 C+O'K O 3 O K A A• —{ a Z• i •z'Z tl` 38 EXHIBIT B4 Page 2 of 2 • i / , i I � . ?Aly ' 1 04 ri •u a•u.�b•u.,p• a s d v'a vr W c<a M!'-• ;_��o.a�P.A 3c M;,1 _ \.� •\ a O N I.V New.V N fJ N N N'�•.'•••^ 1 u��`•.N..�u�•�•'" ��•�-• o 0 0 0 o.n.o 0 o rc�..v a a .�if�•_u�' R ,.n,a7:y O�,C•,p C.,a.'l_�,p O OMl.D �n!1n n m OI.G a O.00 tl,O\ViOwp 1 N n,.�.o o,.c,v�,m v.m o u o.m n•o• .,o u n n. •o n u,n.o n o m m m.0 m r 4 a W �pi0 0.u1wlaYw v�..�to a g +-';;v..o w...a o•v �..�N' •�y p �•�•1'if,Q�W;•:..w u p u.u ..u�•G- 3 0�•:%•"N i~'i wfi�• FN o'pO•�•.U.;i O,C O•R O.M•V: C•O O O M.MrfO lO:•FIN N tl•O V�O O WLI.O�J..w W O m Na rv- vzi7avv}-��}irl'�roi,vyy'ro alvro }-7,v }}-s yy y 3 ,Z i.i•Z...3 3 3 Z��S S•3-SIi 3.i vx Z Z 'Z Z•Z S Z''S to ZNyvyi�.N,N.N N N'NN N N N N N��NI.1:NW,• 1 •-'1„••h'Y,L-• .•\ice W WN N N!� Y O 6 d10 Oro tlltl tl tl m OfI vtV Q.O 41 M a•a a.-. :eo.v o3 0o'aaa�2aml3�lim`vo3m3o a�?1m.o 0�` •3ra. o.0 m .a!tl m..o c •c .a.;+e o a n o o• a. n v' 'C U. is a�i:jj..,,_�� i�Zs'<..�,'� G,.:•�� iv�.�. i ow Tw r• u r• M M•p.•O ,Tr O O Q O O`OiT M' q O,Oro •M O. O�O •O }• �,T^J tl.ro ro>ro ro roTO b K-x'}�}> '�iSiS i�i 3•i S 3 S S.3 3 i13�i'3'33 3''L 1 M C-Q„0 0!•OIN N O O V O O a•'N G,OiIKQO+Y,N;.-.N O O'•%_✓N N I: Ir" M e�' 1�' d• 6•i3 is....-- '"7�iv-� o b fl'l>l<•�A.'.yi� Y t Ow S jJ p•�.(7].1A O O F n A{A�: • , q,',� m.O��QZ�^p Cq'7 Q,OC O ..a�8 ranN t'�..•O�c 1 ) 1 �' • 11 1 11 � ! I i I �I I 1 J 39 Ov EXHIBIT B5 Page 1 of 2 Service Call Av Uabitiity Almalysis Month of j, Dato Nafth ' -- South Southtake Availability Availability Trophy(tub 01/01/99 0 0 �._0 01/02199 0 0 0 01/03/99 0 0 0 01A) 99 0 0 0 01105199 1 1 1 01106/99 0 0 0 01/07199 1 0 1 01/08/99 0 1 1 01109/99 0 0 0 01110199 0 0 0 01/11/99 0 0 0 -01/12/99 I 0 0 01/13/99 1 0 0 01/14199 1 a o 01/15/99 0 0 d 01/16199 0 0 0 0"'7,99 0 O d 01/18199 0 0 0 Ot/19199 1 0 0 01/20/99 0 0 0 01/21/99 0 1 0 OM22/99 0 0 1 01/23199 0 0 0 01/24/99 0 0 0 01/25/99 0 0 0 01/26/99 1 0 0 01127/99 1 0 0 01/28199 0 1 0 01129/99 0 0 0 01/30/99 0 0 0 01131/99 0 0 0 Taral 8 -• ---- 4 Standard 954E 95% 95% I Standard Met? YES 'YES-- 0^SAME DAY< 12 Hrs 1 Next Day 2=Two nays out EXHIBIT B5 Page 2 of 2 Lu�t�lla�tiQtt AvailO ly Ali wisis Ibianth of 1a4a to Date _._.Availability 01/01/99 0 O1/OM9 0 Ol/0"9 l 01104 rN9 0 Ol/ m 1 01106M 0 01/07/99 0 oll W9 0 01/09/99 0 01/10199 0 0 Vl 1199 0 OVUM 0 01/13/99 0 01/14/'99 0 01/15/99 0 OU16/99 0 01/17/99 0 01/18/99 0 01/19/99 0 01/20/99 0 01/21/99 0 O 22/99 0 Ol/23/99 0 01/24/99 0 01125199 0 O1/26/99 0 01t27199 0 01/2M9 0 01/29/99 1 01/30/" 1 01/31/99 0 Total 4 Standard 95% Srandacd Met? ypsT---1 0-SAME DAY<12 Hrs 1 =Next Day 2=Two Days Out 41 � � � 50 -- - r EXHIBIT B6 Customer Call Sample - Januanr Calls Sampled Number of _Percentage Calls 24 21.696 Rebuild 13 11.7% , Drop Buries 6 4.5% Technigl 35 31.5% Reception 3 27% Property damage 7 6.3% Pay Pet Yew 3 2.7% Conectioris 4 3.6% Consttvction 8 72TO 1Programming 4 3.6% 0HOM 2 1.8% 1 Installation 1 0.9% Pedistai Problem 1 0.9% LCustomer Education _ _ ._ .__8•9% TOTAL _ �`1 i l 10.0.0% _ 42 � ��S EXHIBIT B7 O O J i_J j 1�►J •�J •�' p (Aiw 1�po`�a 3 + mtl� �o ��i�3 'b�on•$e3mtlo �d��mro° tloo:oq'"Y o <. mm ,m ' tlbv.otltlmtlm,mmmmm $a ^w Q PW A a�•A�JA•.D•WWp�� ♦. S• • ' U�AI• l Q qQ N4 OUV JA Op.1�Q fi W O W�N9 -UtlS R pmQOx W ' •. oa o o a o v m o m m.o a n.a.o eo-n 10 faIs�m m V A 1•-a b w+V tl•w.N W A V N m WiR'�Xi T N qqq �1• � • pr��;,,r1� • 4M� A$ O liV�A b .T N N' (p�1 Qp tjtl��q m W O x•�? a' ��: �aNOiO V�O OG 000000 •o'oo. g c2.12 o - o caoN o oaaa +� a d n , , ' •3R oa Si'.• ��i tlVI tlO.•tlW:'ntlM V �Op tl+�(pJ m' 00A �bOph 1mD• � •m:Om tlppppppm d W •Woi y ObVOVbbD bb' bbb bb: ooN o ' - M � rX•a:X XX xX X XX•iRXX KXXKX. �K- o w �'p O OOOOOQOO00000:0000000000000000pa "7e 8 0 0 0 Cl 0 0.0 O.O O o O•o O O O O O O O O O O o 0 a 0 O O 0 0 0 , r �Xa'-Xarr �:rzQa;rXX,zYa�r" ��r'rr""a�a�a� Xs:aaXa:X g�`3 � a_Za Z2Z2Z.2' � ZZ22 2 ZZ :Z;3 q ' a, a m r r i •$ 0 0 0 0 0 0 0 0 0 a jo 0 0 0 O.O a 0 0 0 0 O 4 a 0 0 0 10 Oo m P d lyt ,' V'm_-W+a N v'A A N N A A U A Os N W W g A p w�•W•-� N (�N bay (pp(,,�� Q Amm A•tl U UI U<H NN pO�Qn CA o A V Of N-A'� �V•Ou m QI.Oi VI+'tl.W:S -�•.r m. F 43 8 D_ S Z =- — Schedule 8.1.1 Character Generators Company will provide Character Generators (CGs) as set forth below in accordance with specifications provided by each City. Each City will reimburse Company for the amount by which the cost of each CG exceeds $3,570. If the Cities agree on a different number of CGs, Company's share of the cost of each CG will be calculated by dividing the total number of CGs into $75,000. City Number of Character Generators Benbrook 0 Burleson 3 Crowley 1 Denton 0 Duncanville 2 Edgecliff Village 1 Everman 1 'orest Hill 1 Fort Worth 0 Haltom City 0 Hurst 0 Keller 1 Kennedale 1 Lake Worth 2 Mansfield 1 North Richland Hills 3 Saginaw 1 Southlake 1 Watauga 1 White Settlement 1 r L,7otal 21 ::ODMA\PCDOCS\GRR\262049\1 • 4 4 45 SOUTHLAKE AGREEMENT Paul G. Allen, as transferee of ultimate control of Marcus Cable Associates, L.L.C., makes the following agreement for the purpose of accepting an ordinance of the City of Southlake ("City") consenting to the transfer of control of the cable television franchise in the City and the restructuring described in an Acceptance Agreement dated , 1999. Capitalized words and phrases in this Agreement have the meaning set forth in the Acceptance Agreement. 1. Covenants Binding. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on. Allen. 2. Acknowledgment: Allen acknowledges that the transfer of control and restructuring are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations provided therein, and that the consent of the City to the Transaction does not constitute a waiver or release of any rights of the City. 3. Reliance: Allen acknowledges that the City has consented to the Transaction in reliance upon the representations, documents and information provided by Company, Charter, Vulcan and Allen, all of which are incorporated herein by reference. 4. Alleged Prior Defaults. Allen agrees that he will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546(c)(1)(A) (Communications Act of 1934, Section 626(c)(1)(A) (collectively"Defaults") which may have occurred prior to the Transaction are waived, including but not limited to the following: 4.1. The ability of the City to obtain redress for alleged prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 4.2. The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. Qw g !�-SS R a 4.3. The ability of the City to consider alleged Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 4.4. This Section 4 is without prejudice to Company contending that an alleged default or failure to comply either did not occur or has been cured. 5. Continuity of Management. Allen acknowledges that(a) at the time of submission of the Form 394 subscribers residing in the City were experiencing serious and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen has caused the City to be informed that he intends to keep the present Charter management team in place. 5.1. Allen agrees that if there is any substantial change in Charter's senior management prior to December 31, 2001, then (a) Allen or William D. Savoy, and (b) a top officer of Charter, upon request, will appear in person in a public forum in Tarrant County, Texas (to be held jointly with other cities with whom Allen has made a similar agreement) in advance of the change for the purpose of explaining the change and answering questions. "Substantial change" for purposes of this Section means a change of the CEO of Charter or the senior executive reporting to him or her who is responsible for the systems in Texas managed by Charter. Date: Paul G. Allen ::ODMA\PCDOCS\GRR\262056\1 g�- s b t City of Southlake, Texas i MEMORANDUM i February 1-5. 1999 To: Curtis E. Hawk, City Manager From: Ron Harper, Deputy Director of Public Works Subject: Request for Sign Approval for Blade Sign Milwaukee Joe's Ice Cream, 1417 Main Street Action Requested: City Council consideration of the request for this blade sign, which includes the use of neon. Background Information: A conditional sign permit was granted by the City Council on December 15, 1998 establishing special sign regulations for Southlake Town Square. During the deliberations on the special regulations, staff mentioned that they would bring forward to Council, for their review and comment, any signs which staff felt were "out of the ordinary". Although this sign meets the technical requirements of the regulations as a Building Blade Sign, staff felt that the sign was of such a unique character and style that Council would like to provide input into the approval process. The logo of the subject tenant is somewhat unusual in that it is pictorial and has no words. In addition, the sign is outlined by neon lighting and section 5 of the sign regulations states that neon will be reviewed on an individual case basis. i Financial Considerations: Not Applicable. Citizen Input/ Board Review: No citizen input has been received. Not subject to board review. Legal Review: None. Alternatives: There are three alternatives for this request: approve the request as submitted, approve with modifications or deny the request. 1OA-1 f Sign Approval Request February 26, 1999 Page Two Supporting Documents: Sign Application Site Plan Building Elevation Town Square Sign Regulations Staff Recommendation: Place request for sign approval for a blade sign for Milwaukee Joe's Ice Cream on the March 2, 1999 City Council agenda for review and consideration. Approved for Submittal to City Council: City Manag ' 1OA-2 APPLICATION FOR SIGN PE]BAW,,04 =4 2 R c v c FOR SO V HLARE TOWN r!'1\ SQUARE �a CITY OF SOUTELAKE DATE : ADDRESS OF PROJECT l- W 4 (Yl47�1 r S'-�f e e. 11 T PROPERTY OWNER Southlake Town Square ADDRESS 1721 $ Southlake Blvd #100 TENANT reo.t-. PHONE NO. ($I�� SFS1 - i � S S IGN COMPANY -(INSTALLER) r..0 L212 r }� C PHONE (871 Fr)CJ-6 3 6S ADDRESS o1500 t �/1�,}Q S e4�10_M _ha 'PrI CITY Fu A (.✓y,Al,F7A ZIP 761 c)- ILLUMINATED?® NO (CIRCLE ONE) Attach Electrical Permit ELECTRICAL CONTRACTOR G 1 e Lkr i C PHONE NO . TYPE SIGN TEMPORARY SIGN STRUCTURE CATEGORY _AWNING _CONSTRUCTION BARRICADE BUILDING BLADE _CONSTRUCTION WINDOW* _BU"ILDLNG IDENTIFICATION _F-ASCLA PEDE STRL-kN BLADE Note: No permit fee for signs marked with asterisk(*) _ 'yy L\DOW SIG`S* OTHER SIGti AREA: HEIGHT L LFr. X WIDTH D'6 f� FT. = AREA SQ. FT. OVER-ALL HEIGHT(Above Grade) In " FT. DOCUMENTS ATTACHED: ,�Sign Drawing SIGNATURE OF APPLICANT LANDLORD, APPROVED BY: DATE: PERt M CITY, APPROVED BY: DATE: FEES: COMMENTS: `J 10A-3 of �- ,r> ••� `los IL Y '�ilV6��'N�tr ••R[� .tom- +M, � of 'r�• `� *.� +�r +110 •a � +l1+ • �y 1, w s- � • pill;r — Zor ip ice, it '�` ice ;�-►�" -yn-is +�. �; �Iri I I i 1 I I ( I I 26 r4 � I I �7 r- EXISTING 8 EXTERIOR ELEVATION to , �Y GUTL�f/E 1A,re K ;_.,/N r-G i f -- -- ,Z 1OA-6 SIG` REGULATIONS !.. D.'_ .D.. lC' _ sI_" _uIa:lcra ar, star,darCs snail e: c r. '.vi:.. oilier sip . .eguiations i:: the Si_-: rdi. ce. 1.0 Definitions T^. :Jilotving d.ardtions shall be added: t- -- ^, v' �..II 3i:3C e^_ iC 3 DL'11CI^2 Cr si^:Ctll7�1 Z:eCied in JC a 'N; CO'N r -ocr. -1n '-:sua _�pCOr".. O i V?ii: 3 C _ ,=ie a Proiec::or,: T'ne distance by which a sign; extends over public proper-y or beyond the build-.-_- line. Sizn. A%vninz: "Awning Sign" means a si-i consisting of one line of letters painted, place._4 or installed upon the valance of any awning or canopy and an identification -m^'t7-i. insi-ia. initial or orher similar feature painted, placed or installed elsexbere on _ or ca�.oey; provided. treat a_-y sign, emblem. insi�:.ia, '-;:ial er other sirnila: :_-__ snarl Cct ply tvit� -il other appropna:e provisions of this rit1.. ;_ere steel :.a:--c_ .s are LiseC_ the Aw?iM2 Sign may consist of individually Cut our metal leers place: Dr. the top of the canopy's Outside edge parallel to the face or the building. Size. Slade: Any g.sign oriented perpendicular to the face of the building, identifying_ P �, the arse _L the business. affixed to or supponed by a building or stricture, which projects c-e :----. .t el� e is ches (1 ") beyond the surface of that ponien of:He buildin_g or :0 r::(eC or succone�a. �:- ;Cif_ 3iade- A ortna..- Blade Sig-Li pe=I'rred either: (a) l i ti.. : of a Fascia S do r Co) a: a building Corner. Siz=i. 3uildinz Identification: Anv sign stating the use and name 0 vex. to the use of a build- g, structure or area, when such use is permitted in the zone in which the sign is Icca:.d. SI= -asCi3: a slzn affl:<ed directly to the exterior wall or scree. ' ? si::-ce, conlinez. lir:iirs :h ereor, and which projects -Tom the staria a ce less thn : elve is ches (12") =: a:i points, and located either: (a) above the first floor storefront, and below the seCcr_d 'eves windows; or (b) where permitted, above the upper story windows and belo"N the nt.: : level windows or building parapet, as applicable. Fascia Signs are displayed paral:ei :o the face-of the building, and identify the name of the business. Size. 3edesu-ian Blade: A secondary Blade Sign which indicates use or business name and c- c_ , located at least seven feet 7) above -round. •v 2.0 tilaxiinum Letter/Logo Heicht :cc�pt as otherwise �.v:flee. le:te^nv size shall oe dec=!"red 7n ... s:__. a.-ea aiiow-ed. Le::_.. _ on the coliowiri2 tti-es of Sid a s a:! riot esc_ ..._..^;Ur:-: indicated: nuildi z Biade Sign - rveive inches (12") Blade Sign - eight inches (3") i;s: =icor ti'v inflow; :�'- _ SicT - r:veive inches (12") (1011) Z 1 In es 3.0 Maximum Area The :oral area of all signs displayed on a building wall which faces a street, drive or area shall not exceed one (1) square foot for each foot of building width facing s:-ee:, d.; e or parking area. Size of the following types of S1cm shall not exceed ._—_ea indiCated: -3scia ivTi - t 11ry (30) so.i:. B :ildi Blare Sign - rvelve (12) sq.=.. ?edest_an Blade Sign - :our ( ) sq.ft. for.•::astanding the foregoing, on any frontage where public access and a storefront are not pr:_,-ided. allowable sigiage on such frontage shall be limited to not more than ;eve Cercent (7511'o) of the area of the principal sipage permitted where public _cces_ �.d a s:^r-!r.cnt are arovided. :? Oi a.. .�CIs Oi a Biade S:'�i s::ali ' include'" In d':e:-:i o a ea : _inln LRZ r ui :e e:ccep: •.Vhere -•vo (2) such faces are placed back to back and are at no point more than -.vo 'get from_ one another, in which case the area of the Blade Sign shall be taken as the area of a single face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. =or ._. ...-stow buildings, the Nl xirnum Area shall be permitted only for silts displayed s.d-,.valk and a heia' or - enty fee: (20') on any building wall. The total area __all silt s disaiaved above the rwenry toot (20') height limit shall be: (a) for :"- -_" ed :ascia Si=s, one-half(0.5) square foot for every one foot (1') of width of ,uild' or or lease space- and (b) for Window Signs and Awning Signs, limited to signage v^ cc does not obscure more than twenty-five percent (25%) of the total window area. gar :.0 dumber of Signs- :i e P.�.D. ..._ �i o'•vir,_ rurnber of si:*•s shall be pe„nine' a. First Floor - 1'-,a! .te -e.--n- -- 1.; rn a _n-rr+ninaCinr n' es GC S1_ Ce7 On eac ,- _ _ a building wall which faces a street, d,` e, or parking area: (a) one (1) Fascia Sign or one (1) Building Blade Sir*i; and (-,) one (1) Pedestrian Blade Sign, with all such signs subject to the area requirements. A Building Blade Sign shall be permitted at a building corner in addition to per-nit:ed Fascia Sips. provided such sig:-1 is erected at a 135: ar._v'.. :c the b. .-above the First Floor - F oC se szac- .GC'i .:t ,rst I,Gor, one (i) titilid0�'v' Sign. or (1; .-,'.v- ina S -MCOw si ,all be permitted. In addition. one (1) Fascia Sig-i may be pe.:ni:Led on facades of fifty feet (30') or more in length. 5.0 Illumination Of 'Oor S;.Zns ir-ci�Ce: • =:Cte^OC ,.._" 1i at_C (v`i :Ct_^ai ,te S%Gt ligllClP.?) • Silhouette i Is7Cin (e.g., neon illu-mination beiiind a solid, opaque i.etter) • :,o lighti.nz (e.g., projecting nx lines attached to the building under the letters) • Sign box cane( with push through levers, internally illuminated. • =xposed neon lighting _ -'S .�':ll e : '•L'e on a.^, basin. ii neon contr,putes deCorati`' _._`i no- Creates '-senct art-;lCion to !ts iliur ' ation of si= shall be designed, located, shileided and directed in such a manner that t:.e light source is fixed and is not directly visible from, and does not cast glare or direct 'tght from artificial illumination upon, any adjacent public right-of-way, surro�, --ding proper i, residential property or motorist's vision. A '-_._e^ suns rna:/ :lot be Illuminated b;i internal(`/ 1111:zrlrlated, face lit channel Cut �.'•�'�r�s, : -;.,-r1P_ 11�--..s, fir`%Indow Sl=—ns and S1Q'is above the first floor Shall not be ,,e=!..;!d to be ilium. irated. 6.0 Signs over!on ROW-Blade Suns shall not be higher than the eave line or parapet wall of the top of the principal building; shall be a minimum of seven feet (T) above grade v er. ccated adjacent to or projecting over a pedestrian way; and shall not extend more t arI :our feet (Y') &orn the building wall to which they are attached, except where such sign is art integral part of a approved canop;i or aw-ling. �tr ".0 Tem7crar. Signs Exempt From Permit i. indo,v Signs - Co"', 37 Z -3 Ce=I::td rJ'le... rtS :J CCSCC:'e u'^ -c C ' L'.^Qr'^ o f t:. :2. 07OVICed ..-.at no such s:Z=" Ma;! be dlspiave d ror a per od longer than 120 b. Construction Barricades - Jl__.age or a CJriStl'1Ct:OP. ba:Tica(ie shall be __..... _, a!Cn'J eacH Cl1:TC!1 CC :ease S:aCe ;.Cnia7e tCr :.es L'^Cer _"CCrI _CiiCr.. VIC :a:. • No suc;, Ca::_Cade. snail be located wit:11^: :7"e-'.r!- ) 0. a :.)ubllc _ ^.t-of-way; arc • Such sighs may be erected and maintained only for a period beginning not earlier than five (5) days prior to commencement of construction and shall be removed upon termination of construction, with the total of such period not to exceed 120 days. 3.0 `oo-C oformincy Si-ns In :0:. Ci . ? unicueness Oi .ne CC'.t;t0;t-,. .'nv1IC '.._:ent, l:^:C1'"idllaai! of siSa`e .3 Certain sl--ns. : -'I.', rct iechnically meeting the recu:rements set forth rerein. "•� li nonetheless be considered for aporovai on a case-by-case basis. Such si'-a__ _;!all be approved if it: • -_- C ._�S '.viril t.^.. �ii1CP:. Or s-?1C—es ^i: ta-. :.arse. on 1i is t0 be • _ _�= _:�!� %v':... the Jtner �: Cr 'zraz' C�S:'_is Cr ... �r�r !S. • ramie ? , � .�• - -id appr�p��at ro e o.t I Saua__, • ....^,liiCS t0 ar1'! special charaCt9IISi1C5 Oi t:` e pa:LiClllal area In tt'i1iC1 it iS to be _cared; . • s ';"ell desized and pleasing in appearance; • :s desirable as an urban "dovmaown"design characteristic; • gees not corstitut-- a nuisance to the occupants of adjacent or contig,Ious L • _ 'Ot :JtI ^ �.^a31 to orocen i `i as --s; and -� ! `� c ?.^ ward be Ca,u • _ _ s rot ccnsi - -,e- a traffic d sa_ ry h s. 1: !s d!s Iact!:_ or is riot =:.sidered obscene, lewd, indecent or otherxise offensive to oublic morals. �aprc efanv such signage shall be subject to any conditions which in its judgment are r_ecessa :o car:! out the purposes and intent ofthe review standards. �aA-�a Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 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