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2000-08-15
REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS AUGUST 15, 2000 MINUTES CITY COUNCILMEMBERS PRESENT: Mayor Rick Staey; Mayor Pro Tern Gary Fawks, and Deputy Mayor Pro Tem Ronnie Kendall. Members: Keith Shankland, Patsy Do_Pre, Greg Standerfer and Rex Potter. CITY COUNCILMEMBERS ABSENT: CITY STAFF PRESENT: City Manager Billy Campbell; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Planning Brace Payne; Comprehensive Planner Ken Baker; Planner Dennis Killough; Director of Community Services Kevin Hugman; Public Information Officer James Kunke; Interim Director of Public Works and City Engineer Charlie Thomas; Assistant City Engineer Shawn Poe; Assistant to the Director of Public Works Valerie Bradley; Public Works Manager Michael Patterson; Director of Public Safety Garland Wilson; Chief of Building Services Malcolm Jackson; Fire Chief Ricky Black; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:40 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape-recorded for future reference. Copies arc available by request from the City Secretary. Agenda Item #10-A, Authorize the Mayor to execute a Developer Agreement for Crown Ridge Addition, Phase IA and lB. Interim Director of Public Works Charlie Thomas explained the park fee determination and events that led to the information in the packets. As the result of park board determination it led to the developer owing the City $31,764. in park fees. Mr. Thomas stated he outlined in the memorandum exactly what the developers costs would be so that Council could compare those to what the estimated fees are, and those fees are estimated by the number of lots. Councilmember DuPRe asked Mr. Thomas if the issues had been worked out regarding the realigment on T.W. King. Thomas stated the developer Paul Spain and his engineer worked out the issues on the industrial use. He stated they met with the property owners and worked out the new radius' on the two intersections [comers] and the plans reflect that. The plans show widening on Bob Jones so that the tracks can make the turns. Mayor Stacy also wanted to make sure that the residents are aware that questions of the residents in the area have been addressed with DalDen Company. He asked Mr. Thomas to make sure that the residents or builders of those homes are aware of the situation with the industrial tracks in the area. The Mayor noted it is always better if homeowners know up front of a situation with the heavy tracks. Mr. Regular City Council Meeting Minutes of August 1S, 2000 Page 1 of 27 Thomas and Mr. Spain stated they would make sure the new residents are informed of this situation. Agenda Items ~-A, #9-A, #10-A, #10-C, #10-D, and #10-F were added to the consent agenda by Councilmembers. The work session ended at 6:15 p.m. REGULAR CITY COUNCIL MEETING Agenda Item gl-A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:17 p.m. City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the City Secretary. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086 to seek legal advise from our City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:20 p.m. Council returned to open session at 7:20 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize staff to enter into a purchase contract for acquisition of entry portal land in the amount of $22,616.00. Motion: Second: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Shankland, Standerfer, Potter, Fawks, Stacy None 7-0 vote Agenda Item #3, Invocation Chaplain of the Month Betsy Godbold, pastor of White Chapel United Methodist Church, was not present, however, Marty Dunbar from the church gave the invocation for Pastor Godbold. Agenda Item g4-A, Mayor's Report Regular City Council Meeting Minutes of August 15, 2000 Page 2 of 27 Mayor Rick Stacy made the following announcements: ,/ Ribbon Cutting Ceremony for the new Kohl's Department Store will be held August 18 at 7:30 a.m. The public is invited and Mayor Stacy will give the opening remarks. Metroport Cities Partnership meeting will be held at Trophy Club on Thursday, August 17 at 7:30 a.m. The second budget work session will be held on August 22, 2000 beginning at 6:00 p.m. Conncilmember Keith Shankland commented on a meeting that was held with members of the CISD Board of Trustees and stated that it was a very nice meeting. Council had a good relationship with the trustees and he appreciated the time that was spent. Agenda Item #4-B, City Manager's Report City Manager Billy Campbell welcomed Channel 33 who was present for the meeting. Agenda Item #4-C, SPIN Report Tim Miller, 2509 Rolling Lane, Southlake, gave the SPIN Report. Mr. Miller stated he represented SPIN #6 and that residents of SP1N area #6 held or attended several meetings recently including a meeting about F.M. 1938 expansion and other issues. Other topics discussed included: Renovation of the Texaco Station, Simmons Addition, Kimball/SH 114 project, drainage improvements on Shady Lane, and improvements to be made to the streets off Shady Lane. Mr. Miller commented on a meeting SPIN held with Dr. Ted Gillum regarding and update of the schools expansion schedule, whereby Dr. Gillum gave a lesson in school financing which they all enjoyed. The SPIN group plans to elect a Teen SPIN representative. Agenda Item #4-D, Parks and Recreation Board Report Park Board member Chris Miltenberger, 1401 Exetor Court, Southlake, gave the monthly Park Board report. He said the Park Board passed a resolution for the CISD to deed their area of the pond located on East Continental Boulevard over to the City and that the City plans to leave it as a pond. He commented on the updated recent survey and the Master Trail Plan. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed the audience that "Consent" agenda items, which consist of several items, are considered by one vote. He said if anyone had a request for an item not to be considered during the consent agenda segment, that item would be deleted from that Regular City Council Meeting Minutes of August 15, 2000 Page 3 of 27 portion of the agenda and considered separately. The consent agenda items were as follows: 5-A Approval of minutes of the Regular City Council meeting held August 15, 2000. 5-B Approval of additional funding for intersection improvements at Mustang Drive and State Highway 26. 5-C Resolution No. 00-83, Appointments to Crime Control and Prevention District. 5-D Resolution No. 00-86 Abandonment of a utility easement on Lot 12B, Block 1, in the Cedar Oaks Estates subdivision. 5-E This item was intentionally left blank. 5-F Award of bid to Select Trees for purchase of trees for Town Hall. 8-A Ordinance No. 783, 1st Reading, Providing for the amendment of Article II of Chapter 8 of the Code of Ordinances relating to Municipal Court of Record. 9-A Resolution No. 00-82, Supporting SH 170 expansion. 10-A Authorize the Mayor to execute a developer agreement for Crown Ridge Addition, Phase lA and lB. 10-C Adoption of Community Services Department Registration Policy - waiving of fees. 10-D Consider revising planned trail width for Traffic Management Bond hike and bike trail improvements. 10-F Consider request for rate increase from Trinity Waste, Inc. Motion was made to approve the consent agenda as follows: Items #5-A, #5-B, #5-C, with the appointment of Bob Mundlin, Stuart Spencer, and Craig Sturtevant to the Crime Control and Prevention District Board; #5-D, #5-F, #8-A; making the appointment of the Municipal Judge for a two year term, #9-A, in support of Hwy 170 expansion; gl0-A, gl0-C, gl0-D, keeping the planned trails width at 8 foot; and #10-F. Motion: Second: Ayes[ Nays: Approved: DuPre Shankland Dui)re, Shankland, Standerfer, Potter, Fawks, Kendall, Stacy None (Mayor Stacy voted "no" on item gl0-D). 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT ITEMS Regular City Council Meeting Minutes of August 15, 2000 Page 4 of 27 5-A 5~B 5-C 5~D Approval of minutes of the Regular City Council meeting held on August 15, 2000. The minutes were approved as presented. Approval of additional funding for intersection improvements at Mustang Drive and State Highway 26. There are four at-grade intersections, unprotected, driveway facilities on SH 26 located between Mustang Drive and South Kimball. The cities of Grapevine and Southlake, working in concert with the petroleum facilities and abutting property owners, have come to an agreement to eliminate the railroad crossings by the construction of a new roadway connection to Mustang Drive at the SH 26 intersection. The new connection from Mustang Drive to Southlake will be a public street crossing the DART railroad with a fully signalized crossing that will be interconnected with Mustang Drive traffic signals for improved safety. The petroleum companies will construct private driveways at the end of the proposed connection to access the terminals. The work is to be completed by the Texas Department of Transportation (TxDOT) and reimbursed by both cities. The City Council approved an interlocal agreement with the City of Grapevine on April 20, 1999 for the construction of these improvements. At the time the interlocal agreement was executed, the estimate by TxDOT for Southlake's contribution was $148,698.26, which is 21% of the total cost of the project. The City submitted the payment to the City of Grapevine, which submitted our payment, along with their contribution, to TxDOT via an Advanced Funding Agreement. The project was originally scheduled for bidding in February 2000 but was delayed while TxDOT reviewed the construction plans. Now the project is scheduled to bid in September 2000 and TxDOT has prepared a new estimate using the current estimated construction prices. The end result was a $33,413.31 increase in the estimated construction cost for the portion of the improvements Southlake is responsible for per the interlocal agreement. Therefore, S outhlake's contribution totals $182,111.57. The CIP budget includes $265,000 for this project. Resolution No. 00-83, Appointments to Crime Control and Prevention District. Seven directors who are appointed by the City Council to serve staggered two- year terms that expire September 1 govern the Crime Control and Prevention District Board. Currently, three director positions expire in September. Seven applications were received for appointment. Council approved the appointments of Bob Mundlin, Stuart Spencer and Craig Sturtevant to serve two year terms. Resolution No. 00-86 Abandonment of a utility easement on Lot 12B, Block 1, in the Cedar Oaks Estates subdivision. Staff obtained a utility easement for the construction of the sanitary sewer line to serve the Cross Timber Hills subdivision. The sanitary sewer line crosses Lot 12B, Block 1, in the Cedar Oaks Estates subdivision. George Stewart is the owner of Lot 12B. Following acquisition of the utility easement from Mr. Stewart, the sanitary sewer line alignment was revised. The revision was a result of negotiations with the property owner to the south of Mr. Stewart for an easement. Once the alignment was Regular City Council Meeting Minutes of August 15, 2000 Page 5 of 27 5-E 5-F 8-A 9-A finalized, Mr. Stewart dedicated another easement for the sewer line with the understanding that the previously dedicated easement would be abandoned. This item is intentionally left blank. Award of bid to Select Trees for purchase of trees for Town Hall. In June 2000, the City advertised for bid the selection of Athena Elm for Town Hall trees. Athena Elms are the street trees along all retail frontage in Town Square. It is necessary for the City to move forward with the procurement of the trees to assure availability and selection. Installation of plan material is anticipated in November 2000. On July 13, 2000, two bids were received. Select Trees, Inc. was the low bidder at $15,948. The photographs submitted by Select Trees, Inc. meet the specifications desired for Town Hall. A contract for the installation of all plant material and irrigation is anticipated for City Council approval in early September 2000. The tree pumhase amount bid for Town Hall is $15,948. The supplier requested a 20% deposit ($3,189.60) to reserve the trees in the name of Southlake Town Hall until scheduled for delivery. Ordinance No. 783, Ist Reading, Providing for the amendment of Article H of Chapter 8 of the Code of Ordinances relating to Municipal Court of Record. House Bill #731 was passed during the 76th Texas legislative session, amending Chapter 30 of the Government Code to standardize and make applicable a uniform set of policies and procedures for all municipal courts or record. This ordinance sets forth procedures for appointing the Municipal Court Clerk, a Court Reporter, acquire an official court seal and establish a twenty-five dollar ($25) transcript preparation fee. It also provides for the appointment of a Presiding Judge and Alternate Judge(s) who must meet the following minimum standards: 1) be a resident of this state, 2) be a U.S. citizen, 3) be a licensed attorney in good standing and 4) have two or more years experience in practicing law in the State of Texas. Currently under Chapter V of the Southlake Home Rule Charter, the Primary Judge is elected by popular vote, must be an attorney in good standing, be licensed to practice in the State of Texas, and meet all qualifications established in Section 2.04(a)(1-4). These qualifications include being at least twenty-one years of age, be a U.S. citizen, a qualified voter of the City of Southlake and have resided for at least twelve months preceding the election. Ordinance No. 783 also includes provisions for setting either a two or four year term limit for the Presiding Judge(s) and setting a salary for the Judge(s) that may not be based directly or indirectly on any fines, fees or court costs collected on behalf of the City. Council approved the appointment of a Municipal Judge for two-year terms. Resolution No. 00-82, Supporting SH 170 expansion. Metroport Cities has supported a resolution requesting TxDOT to extend SH 170 from Interstate 35W to US 287. The need for the extension is to provide a more direct roadway connection to the west to facilitate truck traffic to and from Alliance. Metroport Regular City Council Meeting Minutes of August 15, 2000 Page 6 of 27 IO~A asked all of its member communities to adopt a similar resolution in support of the highway extension. Authorize the Mayor to execute a developer agreement for Crown Ridge Addition, Phase iA and lB. The final plat for Crown Ridge Addition lA & lB, located between White Chapel Boulevard and T.W. King Road and south of Bob Jones Road, was approved on June 8, 2000. Crown Ridge Addition is being platted in three phases. Phase lB covers the subdivision between White Chapel Boulevard and T.W. King Road, but not including the lots along the long east/west street. This developer's agreement covers the construction of all public infrastructure within the subdivision as well as the offsite sanitary sewer line along the west side of White Chapel Boulevard and water line improvements along T.W. King Road, along the frontage of the Johnson property and extending north of Bob Jones Road to take some Southlake residents offthe Trophy Club water system. There is also a sanitary sewer lift station with force mains extending from the TRA lift station to 3,500 feet north along the west side of White's Chapel Boulevard to the Crown Ridge Addition. The developer requested the following credits and waivers: · / Sanitary Sewer - Offsite - Sewer Impact Fee credit for the 54 lots in Phase lA & lB, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee in consideration for the construction of the offsite sanitary sewer line and the lift station and force mains. The developer's construction cost is $156,310 and the estimated Sewer Impact Fee is $48,600, and 5% Fees is $7,815. · / Roadway - Roadway Impact Fee credit for 54 lots in Phase lA & lB, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee in consideration for reconstruction of T.W. King Road, which is a collector street on the City's Master Thoroughfare Plan. Developer's construction cost is $85,600 and the estimated Roadway Impact Fee is $64,800, and 5% Fees is $4,280. · / Water Mains - Water Impact Fees credit for 54 lots in Phase lA & lB, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee in consideration of the oversize of the 12-inch water mains and for the total cost of the 12-inch water main in T.W. King Road along the frontage of Mrs. Johnson's property. The cost to oversize the 12-inch water line is $15,350 and the developer's construction cost for the 12-inch water line in T.W. King Road along the frontage of Mrs. Johnson's Property is $4,515, and the estimated Water Impact Fee is $78,300 and 5% Fee is $225. The Park Board recommended the following proposal and credits as meeting the parkland dedication requirement: 4.67 acres of private open space to be maintained by the Homeowners Association. Regular City Council Meeting Minutes of August 15, 2000 Page 7 of 27 Parkland dedication to the City of natural and maintained open space totaling 1.68 acres. This land is adjacent to the southeast comer of T.W. King and Bob Jones Road and runs along the south end of Bob Jones Road. The Homeowner's Association would be responsible for maintaining areas adjacent to Block F, Lots 2, 9 and 10 on Cobblestone Drive. Construction of an equestrian trail totaling 1,300 feet inside the proposed park land dedication along the southern edge of Bob Jones Road --- dedicated as public trail. Concrete pedestrian trail along T.W. King totaling 1,150 feet, maintained by the Homeowners Association. 10-C Adoption of Community Services Department Registration Policy - waiving of fees. This policy waives registration fees for the children of volunteer coaches in City-sponsored athletics. It applies to basketball, in-line hockey, swimming, track and flag football. The intent is to recognize the contribution of volunteer coaches and encourage more parents to volunteer their time in this manner. Estimates are the waiver will result in a reduction of 5-10% of revenues from these sports, or approximately $5,000 to $10,000. 10-D Consider revising planned trail width for Traffic Management Bond hike and bike trail improvements. This item addressed issues raised regarding the width of trails proposed as part of the Traffic Management Bond (Proposition No. 3 for $4,730,000 for hike and bike trails), and whether trails should be six feet or eight feet in width. Issues were: 1) expanse of concrete and resulting aesthetics or visual impact of eight foot versus six foot trails; 2) construction cost differential of eight foot versus six foot trails; 3) ability to construct eight foot trails within existing or required right-of-way; and 4) any restrictions on ability to meander trails within the right-of-way. Richard Ridings of HNTB (City's consultant to manage the design and construction of the improvements in the TMB, including hike and bike trails), presented issues to Council. A copy of his presentation is attached to the minutes. City Council directed staff to continue 8 foot width trails. 10-F Consider request for rate increase from Trinity Waste, Inc. The City currently has a contract with Trinity Waste Service, Inc. for residential and commemial collection of solid waste and recycling. On July 1, 2000, Trinity Waste Services, Inc. submitted a proposal (attached to the minutes) for a rate adjustment. The rate adjustment called for a 3.25% increase in both residential and commercial collection rates. Residential rates become $8.75 (compared to $8.45 currently) before tax for each customer. Commercial rates are outlined in the proposal. The contractor has not requested a residential rate increase since 1992. Agenda Item #6, Public Forum Jeff Wang, 595 South Kimball Avenue. Mr. Wang commented on the proposed budget and noted he did not feel Council should delay the additional police and Regular City Council Meeting Minutes of August 15, 2000 Page 8 of 27 fire stations. He stated he felt the leadership staff at the City of Southlake is excellent and the city cannot lose employees. He stated he felt the City Council should increase the taxes to allow more money for operations. Agenda Item #7-G, ZA 00-083, Revised Site Plan for Rockenbaugh Elementary School on Lot 1, Block 60, Timarron Addition, Phase 5 ZA 00-083, Revised Site Plan for Rockenbaugh Elementary School on Lot 1, Block 60, Timatron Addition, Phase 5, involving 15.357 acres. Current zoning is "R-PUD" Residential Planned Unit Development District (P.U.D. No. 1 Timarron). Owner: Carroll Independent School District. Applicant: Rockenbaugh Elementary School. Ken Baker, Senior Comprehensive Planner, presented this site plan and noted that 26 notices were sent to property owners within the 200' notification area and no responses were received. Due to being located in a residential P.U.D. and having residential adjacency, site plan approval is required prior to issuance of a building permit. The City approved the Site Plan for Rockenbaugh Elementary School on September 3, 1996. A Revised Site Plan, adding square footage to the building was approved on June 1, 1999. The PTO proposed a 400 square foot shad structure behind Rockenbaugh Elementary School. Metal columns support the standing seam metal roof structure. On August 3, 2000, the Pla~ing and Zoning Commission recommended approval (6-0 vote) subject to the Site Plan Review Summary No. 2, dated July 28, 2000. Julie Dickey, 1000 Highland Oaks Drive, Southlake. representing the PTO. Ms. Dickey was present PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00-083, Revised Site Plan Review Summary No. 2, dated July 28, 2000. Motion: Second: Ayes: Nays: Approved: Potter DuPre Potter, DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, Stacy None 7-0 vote Agenda Item #9-B, Resolution No. 00-94, Requesting Participation by TxDOT for Improvements to FM 1938, Interchanges at SH 114, and FM 1938 and SH 114 to FM 1938. Director of Pla~'lng Bruce Payne presented Resolution No. 00-74, and explained that over a period of several months, city staff met with Trophy Club representatives to develop a solution to the closing of Kirkwood Boulevard. No alternative presented itself that was acceptable to all panics involved, which include Fidelity, Sabre, Maguire Parmers, TxDOT, and the cities of Southlake, Trophy Club, and Westlake. Through Regular City Council Meeting Minutes of August 15, 2000 Page 9 of 27 efforts of Metroport Cities Partnership (MCP) a recommendation to request the State's assistance in participating in an interchange at FM 1938 and SH 114 appears to be a viable solution agreed to by all neighboring cities and corporate businesses. The issue of constructing an extension of FM 1938 from SH 114 to FM 1709 was discussed by the Metroport Transportation Committee on July 5, 2000. The committee agreed that giving the pending completion of both Fidelity and Sabre complexes, the issue of constructing FM 1938 should be brought forward. Gary Fickes, Chairman of Metroport Cities Partnership. Mr. Fickes stated, "As you know, Metroport Cities is a road advocacy group and they promote projects for Northeast Tarrant counties which includes eight cities (Keller, Trophy Club, Westlake, Grapevine, Southlake, Colleyville, Haslet and Roanoke) and we only promote projects that the cities want. In 1984 we started working on F.M. 1709 and in 1995 it was completed; and in 1989 we started working on SH 114 and it will probably be completed in 2004. These things take a long time. There are a lot of areas that want dollars and there is only so much to go around. This situation that we have on FM 1938, when we started talking about it two years ago, Fidelity was only a rumor and not a fact. Today it is very much a fact and they plan to move into that facility after the first of the year. Sabre was not even thought about two years ago. Traffic is a reality and the cities that are affected have been meeting for the past few months to talk about seeing if there is something that can be done. They have asked Metroport to help them and that is what the committee is doing. When you talk about 30,000 cars per day, we must have a thoroughfare that can handle that. If something is not done, the State will not fund it and the City will have to fund it. If the city has to fund it, it will be nothing compared to what the State will do. If we don't fund it and if we don't do it, all that traffic will come across Randol Mill Road and into the current subdivisions trying to find a way to the highways. This is an opportunity that we can work with the State and they have indicated that they will build a road like no other road they have done with special features and extensive landscaping. There is an opportunity here to plan for the city. If we act today, this road is probably five years before completion and that is if everything goes perfect. The cities will have a lot of input into how this roadway will be constructed. They will work to make this thoroughfare with a minimal impact as they can to the residents in the area." PUBLIC COMMENTS: Pamela Papa, 106 Bob-O-Link Court, Myers Meadows, $outhlake. Ms. Papa stated she moved to Southlake for the quality of life. She is concerned that this roadway expansion has come up again. She was told it would come back up someday, but not this soon. She feels this roadway is a priority with the Metroport Cities Partnership. Donna Pellegrino, 214 Bob-O-Link, Myers Meadows, Southlake. Ms. Pellegrino stated she backs up to Randol Mill Road. She stated her concerns are with safety for her two children. She stated, "If it were in Councilmembers back yard we would not be having this discussion." Regular City Council Meeting Minutes of August 15, 2000 Page 10 of 27 Rhonda Planchet, 210 Bob-O-Link Drive, Myers Meadows, Southlake. Ms. Planchet did not wish to speak but was against this action. Dorothy Young, 1903 Red Cedar Court, Myers Meadows, Southlake. Ms. Young stated she was the Vice-President of Myers Meadows Homeowners Association. She stated she felt this thoroughfare plan has a potential for reducing the property values in the area. She believes if F.M. 377 and SH 170 are approved, that will handle the Fidelity and Sabre traffic. She also commented that she felt the roadway will bring commercial. Robert Downard, 1255 Randol Mill Avenue, Southlake. Mr. Downard stated he was in opposition, as he does not want to see it and does not feel the city should be building a road for Fidelity and Sabre; let them use FM 377 and SH 170 and SH 26. He asked the City Council to modify this plan or not approve it at all. The following persons did not wish to speak but expressed opposition: Norm Burrows, 1902 Red Cedar Court, Myers Meadows, Southlake Eileen Rossenkoetter, 212 Bob-O-Link Drive, Myers Meadows, Southlake Vance Newcomer, 1714 Redwing Drive, Myers Meadows, Southlake Monica Dunn, 213 Bob-O-Link Drive, Myers Meadows, Southlake Susan S. Ely, 201 Bob-O-Link Drive, Myers Meadows, Southlake Doris Downard, 1255 Randol Mill Avenue, Southlake John Papa, 106 Bob-O-Link Court, Myers Meadows, Southlake Sandy Tarca, 102 Bob-O-Link Court, Myers Meadows, Southlake John Kleiser, 1905 Red Cedar Court, Myers Meadows, Southlake Carolyn Japhet, 1905 Hay Meadow Court, Myers Meadows, Southlake Kent Phillips, 2260 Johnson Road, Southlake Lyle Japhet, 1905 Hay Meadow Court, Myers Meadows, Southlake Blaise and Ami Decker, 100 Bob-O-Link Court, Myers Meadows, Southlake Ann A~ Breeding, 200 Bob-O-Link Drive, Myers Meadows, Southlake Paruez Malik, 925 Randol Mill Avenue, Southlake Lisa Dalton, 202 Lovegrass Lane, Myers Meadows, Southlake Michael A. Dalton, 202 Lovegrass Lane, Myers Meadows, Southlake Seema Malik, 925 Randol Mill Avenue, Southlake Bill Spivey, 1520 Randol Mill Avenue, Southlake. Mr. Spivey asked the City Council to go to the State for funding. This plan will happen. The roadway will be better ifTxDOT funds the project and it will save the taxpayers money. The following persons did not wish to speak but expressed approval for the project: David Brown, 5312 Holiday Court, North Richland Hills (owner of Randol Mill property) James Jenkins, 985 Randol Mill Avenue, Southlake Joy Clark, Randol Mill Avenue, Southlake Regular City Council Meeting Minutes of August 15, 2000 Page 11 of 27 Hertha Jenkins, 985 Randol Mill Avenue, Southlake. Ms. Jenkins stated she was in favor of having the State fund the project. Ms. Jenkins commented, "The roadway needs to be widened, as it is a dangerous road the way it is. There is too much traffic at this time. It is time we get our road built and we should do it now." Ken Stone, 1307 Wakefield Court, Southlake. Mr. Stone stated, "We should ask the residents of Coventry Manor what would happen when you deviate from a thoroughfare plan?" Public comments closed. Mayor Rick Stacy stated, "I would like to thank everyone who came forward tonight, I know that you are very concerned, whether you are in favor or opposed to the widening of Randol Mill Road. I can testify that road building creates more excitement than any other thing in this community. Traffic is the greatest problem that we have in Northeast Tarrant County. We have a tremendous traffic problem. It takes years when you are working with the State on a road project. I don't know if we will get funding, but it is good judgment on our part to try and get State funding rather than have the taxpayers in Southlake try to pay to have the project done. The traffic is coming and less than 30% of the traffic is not Southlake residents, and we must find a way to accommodate them or they will cut through our neighborhoods. Everyone takes short cuts, and we take the path of least resistance." Mayor Stacy asked the public to not be upset with the City Council as he feels they don't have much choice, and that Council does appreciate the concerns of the citizens. Councilmember Greg Standerfer stated, "The only way to alleviate some of the problems with traffic is to have the roadway capacity to carry the cars. Whether we desire to have those cars on that roadway, they will be on the roadway whether it is a two lane or a four lane. My view is that it is a much safer roadway as designed than as it is - a two lane roadway running fi.om FM 1709 to SH 114." Councilmember Patsy DuPre stated, "I want to say thank you to everyone who has come and spoken to Council tonight and let us know your feelings on this matter. As a Councilmember, when I decided that I wanted to get involved with the City of Southlake, and when I ran for City Council I said, yes, it is my job to represent the homeowners of Southlake. But if you are willing to vote for me to be on the Cotmcil, you have to understand that what you are doing is realizing that you are putting us in the place to be the stewards of the City. Sometimes those two responsibilities conflict. There are cases when the homeowners want us to do one thing, but for the benefit of the entire City we have to consider doing something else. Every single decision that I take up here, I take very seriously. This is the packet of information that I have hung on to fi.om day one, because I knew it would be coming forward again. My job, I feel, as a representative of the City is that if we don't get this funding from the State, we as a city, will have to get it through you the residents of the City. It is a difficult decision, and I do not want to make some people unhappy, but I'm ready to make a motion. We want everyone to know that Regular City Council Meeting Minutes of August 15, 2000 Page 12 of 27 we do understand where you are coming from and we don't want to make your life more difficult." Motion was made to approve Resolution No.00-74 requesting participation by the State of Texas for improvements to FM 1938 interchanges at SH 114 and FM 1938 improvements from SH 114 to FM 1709. Motion: DuPre Second: Standerfer Councilmember Gary Fawks asked the City Attorney about truck routes. City Attorney E. Allen Taylor Jr., stated, "The State would set the speed limits and the City can make suggestions regarding truck routes and other issues." He did not want to leave anyone with the impression that the city can trump the State Department of Transportation, but the city can make suggestions to them. Councilmember Rex Potter stated, "I did a lot of soul searching last night, and if anyone will remember when this issue came up before, I was not on Council but I did not support the road. I think this road has to go through. If you have ever been at Albertson's a peak time, the traffic is tremendous going toward NRH. I believe this roadway will provide a tremendous relief. The problem is that the traffic is growing faster than we can put the road on the ground. I do feel we should add to the resolution that we want to find a common solution to mitigate the impact to the homeowners up and down this property. I would like to see that type language put in the resolution. Once we show support, how do we get a handle on things to be sure that they are what we want in Southlake?" Potter stated that he wanted to be sure that Keller does not compound the issue by adding heavily dense commercial development on the roadway. He said he wanted to be sure that the resolution shows that the City of Southlake would do there best to mitigate the impact on all the residents of Southlake." Mayor Stacy suggested the city have a committee of residents to help work with TxDOT as the plans are prepared for the roadway. He would like to see more buffering as the road comes close to the homes. Councilmember Gary Fawks stated, "Two years ago, I was on Council when this resolution came up and I did not support it. I didn't see the immediate need to widen the roadway, unfortunately, for those of you who are opposed to this tonight, those circumstances have changed. The issue now is not whether or not Randol Mill Road is going to be wider, but who will pay for it and how nice do we want it to be. We can have the State and County pay for it, and we can try and have it be a nice road. What we need tonight is a commitment from the Council that we are going to work with the impacted homeowners to make sure that you have significant input into the design, if that means sound barriers or changes to the road as it is configured. We want to be sure that the homeowners are as happy with the plan as they can be." Regular City Council Meeting Minutes of August 15, 2000 Page 13 of 27 Councilmember Keith Shankland stated, "I wish we could all go back to the time when Southlake was so beautiful and there was not much traffic, but we cannot go back. I thought that the residents were concerned with taxes, but when I was campaigning for Council, I found the number one issue for Southlake residents was traffic. I wish we didn't have to do this, but we have to and I feel it is the right thing to do. I think Council has articulated the reasons and I think the State is willing to participate and this is the time we join hands with the State and do this right and not go down the road at a later date when we don't have the money and are forced into it." The motion was amended to include in the resolution the words as noted in the letter from Mayor Stacy and the Mayor of Keller regarding the funding from TxDOT. The second motion was also amended. Ayes: DuPre, Standerfer, Potter, Fawks, Shankland, Stacy Nays: Kendall Approved: 6-1 vote Council adjourned for recess at 9:15 p.m. Council returned to open session at 9:25 p.m. Agenda Item #7-A, Resolution No. 00-79, (ZA 00-078), SUP for shade structure for Mirage Car Wash located at 955 North Davis Boulevard Resolution No. 00-79, (ZA 00-078), Specific Use Permit for a shade structure for Mirage Car Wash located at 955 North Davis Boulevard (east side of North Davis Boulevard approximately 450' north of West Continental Boulevard), being approximately 2.00 acres. A site plan was considered with this request. Current zoning is "C-3" General Commercial District. Owner: Mirage Car Wash, Ltd. Applicant: Dr. Gene E. White. Senior Comprehensive Planner Ken Baker presented this case, noting fifteen (15) notices were sent to property owners within the 200' notification area and two written responses were received; one "in favor" and one "undecided." The only change proposed to the site was the addition of the shade structure. The "Future Personal Services Shop" shown on the plan was part of the original approval but was never constructed. The property is subject to Corridor Overlay regulations. The original site plan and specific use permit for Mirage Car Wash were recommended for approval by the Planning and Zoning Commission 6-0 on June 8, 1995 and by City Council, 6-0 on June 20, 1995. The approvals preceded the adoption of the Corridor Overlay Regulations. The following variance was requested: Allow metal support columns where masonry was required. Brad White, owner of Mirage Car Wash. Mr. White stated the structure was being planned as green to match the trim on the building and that he would be willing to brick the polls on the shade structure. Six cars would fit under the shade structure at a time, as Regular City Council Meeting Minutes of August 15, 2000 Page 14 of 27 the unit is 36X40 feet. He commented that he would not make any more money as a result of the structure, but that it was entirely for the benefit of his employees - to get them out of the heat while working. The cost of the shade structure is $21,000. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Resolution No. 00-79, (ZA 00-078), subject to the Site Plan Review Summary #2, dated July 11, 2000; subject to the applicant cladding the metal posts the same as the exterior of the building. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Stacy Kendall, Shankland, Potter, Fawks 3-4 vote to Deny Agenda Item #7-B, Ordinance No. 480-KK, 2nd Reading, Amendments to Comprehensive Zoning Ordinance No. 480, as amended, regarding noise regulations Ordinance No. 480-KK, 2nd Reading, Amendments to Comprehensive Zoning Ordinance No. 480, as amended, regarding noise regulations in Ordinance No. 480 to remove any conflict with the provisions of Ordinance No. 778. This ordinance accompanies Ordinance No. 778 (next agenda item) to amend noise standards. Ordinance 480-KK eliminates any potential conflicting standards and refers the reader to the most current noise ordinance. This ordinance amendment removes the general noise regulations from the zoning ordinance and places them with appropriate references to Ordinance No. 778 (Noise Ordinance). The only change recommended by the Planning and Zoning Commission at their July 20th meeting, was that the language found in Section 1 be added to Section 25 of the zoning ordinance, "B-2, Commercial Manufacturing District." This was accomplished in this ordinance before Council's consideration with the addition of a new Section 2 and the renumbering of the remaining sections. City Council approved first reading on consent 4-0 on August 1, 2000. PUBLIC HEARING: Terri Castro, 607 Stonebury Drive, Southlake. Ms. Castro stated she supported the quality of life in Southlake and wanted what she had outlined for Council regarding her ideas about the decibels, to be included in the ordinance. Roger Miller, 2150 Greenwood Drive, Southlake. Mr. Miller stated he owns Custom Cabinets and stated he would like to see the City ordinance and times of operations to stay along the national average. Dorothy Young, 1903 Red Cedar Court, Myers Meadows, Southlake. Ms. Young stated she was concerned with repetitive noise. Regular City Council Meeting Minutes of August 15, 2000 Page 15 of 27 City Attorney E. Allen Taylor Jr., stated, "All noise is based on the "trespass theory" and volume is the only factor." Debbie Engler-Key, 105 Killdeer Court, Myers Meadows, Southlake. Ms. Engler-Key stated the noise ordinance approved by the City Council on first reading is the normal. She feels the noise ordinance should be in line with our other building standards. A noise ordinance is a "good neighbor policy." The following citizens expressed support for the ordinance as passed in first reading, but did not speak: Stan Key, Seema Malik, and Murtaza Ali Natalwaua. Ken Stone, 1307 Wakefield Court, Southlake. Mr. Stone stated, "The ordinance as originally presented by staff is "key issue average" vs. "single event." As a resident we have got to be reasonable and not burden our staff. As a businessman, I thought they were stringent. The single event issue is hard to accomplish and there is annoyance in the repetitive noise." Dan Swanson, 100 Clearbrook Court, Southlake. Mr. Swanson spoke regarding the quality of life in Southlake saying, "We can require businesses to mitigate noise with sound barriers." Jeff Wang, 595 South Kimball Avenue, Southlake. Mr. Wang stated his neighbor has donkeys that make a lot of noise. He asked Council to address car radios and the school stadiums. He stated he does not feel the City should give exceptions to the schools. Pamela Papa, Myers Meadows, Southlake. Ms. Papa stated she was concerned with Myers Meadows being surrounded with businesses. "The residential properties need protection from commercial noise," she commented. C.D. Peebles, Plantation Drive, Southlake. Mr. Peebles stated repetitive noise issues need work as well as the timing issue. He stated the lighting helped residences. Public Hearing closed. Chief of Building Services Malcolm Jackson responded to comments made by the citizens who spoke. (audio tape # 2- #156) Motion was made to approve Ordinance No. 480-KK, second reading. Motion: Second: Ayes: Nays: Approved: DuPre Standerfer DuPre, Stranderfer, Potter, Fawks, Kendall, Shankland, Stacy None 7-0 vote Regular City Council Meeting Minutes of August 15, 2000 Page 16 of 27 Agenda Item #7-C, Ordinance No. 778, 2nd Reading, Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance Ordinance No. 778, 2nd Reading, Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance and prohibit them. Chief of Building Services Malcolm Jackson presented Ordinance No. 778, noting in 1988 a "nuisance" ordinance was adopted to address noise related complaints. Because of difficulty in enforcement, DPS began research into the development of a comprehensive ordinance to allow the City to establish specific guidelines to achieve a balance between the desires of the residents and the needs of the commercial establishments. Following extensive research conducted over one and a-half years, a draft ordinance was presented to all of the SPIN committees, the senior citizen group, various citizens, the Council on July 18, 2000, and the P&Z on July 20, 2000. Based upon input received, a final draft was presented to City Council for first reading on August 1, 2000. During that meeting, Council approved a reduction of the decibel limits by 5 dB for residential and commercial daytime and a reduction to 47 dB for nighttime residential In addition; Council directed that "boom-boxes" be specifically regulated. Those items have been incorporated into this draft. At Council's request, additional ordinances were researched and a matrix comparison developed to show the decibel levels and the hours of day for noise limits. PUBLIC HEARING: No comments were made during this agenda item. Motion was made to approve second reading of Ordinance No. 778, amending Chapter 11 of the Code of Ordinances of the City of Southlake, by adding Article 3 to define certain noises to be a nuisance and prohibit them with the following changes: · Section 11-6lb adding the word "repetitiveness" between "intensity" or "duration"; · Prima Facie Offense: Merging Item 12 and Item 2 to read, "Playing or use of any sound producing or amplifying device, speaker, radio, tape player, compact disc player, loud speaker or electronic "boom-box", or other similar instrument, including a musical instnmaent, in such a manner or in such loud volume or intensity, at any time or place, so as to disturb, destroy, or endanger the peace, comfort, repose, or rest of persons or ordinance sensibilities beyond the immediate vicinity of the noise or disturbance, or in such a manner that the sound is clearly audible or generates perceptible base tone vibrations more than fifty feet (50') from a vehicle, or when such noise exceeds the dBA levels shown in Table 1." · Referencing Table 1: Recommending residential daytime be 60 decibel; nighttime be 55 decibel; Sundays be 55 decibel. Recommending commercial daytime be 70dBA; nighttime be 65dBA; and Sunday be 65dBA; adding the two exclusionary clauses; o Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad Regular City Council Meeting Minutes of August 15, 2000 Page 17 of 27 Motion: Second: Ayes: Nays: Approved: licensed by the city or for use in emergency rescue or any railroad governed by federal law; o Any activity of a temporary duration for which a license or permit has been granted by the city, state, or federal government, including, but not limited to ice cream and snow cone vehicle vendors; Including the Noise Level Enforcement: Place as item Section 11-61(d), "For the purposes of enforcement monitoring, readings are to be taken with a sound level meter instrument capable of sound level measurements over a range of 40 to 140 dB meeting the requirements of the American National Standards Institute (ANSI) Standard Specification for a Type S2A general purpose sound level meter or better. Such measurements are intended to be taken on typical single incident noise from activity at the noise source that is reasonably representative of the customary and normal use for the property and from which the noise generates"; Including in this ordinance the time period of 7:00 a.m. to 9:00 p.m. and; Acknowledging the diligence and the hard work that the citizens have made and Council appreciates this immensely. DuPre Standerfer DuPre, Standerfer, Fawks, Kendall, Shankland Potter 6-1 vote Councilmember Keith Shankland stated his vote was with the understanding that this ordinance would be revisited in the near future if it is found to be necessary. Agenda Item #7-D, Ordinance No. 480-332, 2no Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square Ordinance No. 480-332, 2nd Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square, on property legally described as Tract lB3 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677 acres. Owner and Applicant: 114 Kimball Square, Ltd. Senior Planner Ken Baker presented Ordinance No. 480-332, noting seven (7) notices were sent to property owners within the 200' notification area and one (1) letter was received, in opposition. This is an existing retail strip center west of Shady Lane at SH 114. The property is currently zoned C-3, and bounded by C-3 properties to the east and west. The property to the north is developed with single-family residences, zoned SF-1A. The owner proposes to give the center a "face-lift" while adding approximately 4,000 square feet. The southern most driveways on Shady Lane and the driveway on SH 114 exist. Regular City Council Meeting Minutes of August 15, 2000 Page 18 of 27 On July 18, 2000, City Council approved (6-1) subject to Site Plan Review Summary No. 5, dated 7/14/00 with all requested variances, with the understanding that the applicant would provide by second reading, better defined elevations, take efforts to further reduce the parking, determine the percentage of landscaped area within the SH 114 right-of-way, add additional landscape in the northeast comer adjacent to Shady Lane, and provide a landscaping plan for the site. Issues raised at P&Z included drainage concerns from neighboring property owners, multiple variances, and tree issues, noted in the Landscape Administrator's review. Following P&Z, the applicant obtained a Professional Engineer to evaluate the drainage and grading of the site and revised the plan submitted to the Commission by reducing the mount of square feet, increasing the bufferyards and reducing the parking. The applicant was seeking S-P-1 zoning due to the unique conditions of the property. The applicant requested variances to all required bufferyards, a reduction in the required interior landscape area, an increase in permitted impervious coverage, a variance for driveway spacing and driveway stacking. PUBLIC HEARING: Dan Absher, Shady Lane, Southlake. Mr. Absher stated he was fine with the changes that were made. Tim Miller, 2528 Rolling Lane, Southlake. Mr. Miller stated he appreciateed the improvements that had been made. Chief of Building Services Malcolm Jackson stated, "The issue regarding the tree mitigation has been resolved. Mr. Matise and the City have reached an agreement and understanding that Mr. Matise has agreed to 100% of the mitigation of all required mitigation trees prior to the approval of this site. That arrangement has been made and signed off on by both parties." Motion was made to approve Ordinance No. 480-332, 2nd Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square subject to Site Plan Review Summary No. 6, dated August 11, 2000; and subject to the comments made by Mr. Jackson regarding the agreement for tree mitigation; and accepting the variances set forth in the site plan review summary. Motion: Second: Ayes: Nays: Approved: Standerfer Fawks Standerfer, Fawks, Kendall, Shankland, DuPre, Stacy Potter 6-1 vote Agenda Item #7-E, ZA 00-023, Site Plan for Lot 4, Block 1, Kimball/1709 Addition (K C) Regular City Council Meeting Minutes of August 15, 2000 Page 19 of 27 ZA 00-023, Site Plan for Lot 4, Block 1, Kimball/1709 Addition, involving 0.8917 acres. Current Zoning: "C-3" General Commercial District. Location: Northeast comer of Kimball Avenue and East Southlake Boulevard. Owner: Tricon Applicant: Glenn Engineering. Senior Planner Ken Baker presented this site plan noting that seven (7) notices were sent to property owners within the 200' notification area and only one response was received from outside the notification area. This lot is less than one acre, located on the northeast comer of Kimball Avenue and East Southlake Boulevard. It is at the southwest comer of the larger Lowe's development, currently under construction. Some trees are located on the site. FM 1709 is elevated above the property. Wal-Mart is located east of this site. The new Chick-fil-A restaurant is located south of this site. The primary issue regarding this request is the "pitched roof' required for buildings 6,000 sq. ft. or less in size. The applicant proposed a "mansard" type roof giving the appearance of a pitched roof. This allows deck space for ventilation equipment for the kitchen and mechanical units. This type of system was also used on the Chick-fil-A and Taco Bueno. Building code does require kitchen ventilation to extend through the roof. On August 3, 2000, the P&Z Commission recommended approval (6-0) subject to Site Plan Review Summary No. 5, dated July 28, 2000, accepting the requested variances for Items #1 (relocate bufferyards from the perimeter of the site to internal islands); #2 (reduce the number of required parking spaces); #3 (reduce the minimum driveway stacking depth); and #4 (provide a mansard roof rather than the fully enclosed pitch roof). Rick Halman, Engineer. Mr. Halman stated this would be a three-in-one restaurant with Kentucky Fried Chicken, Taco Bell and Pizza Hut all in one. He stated to the best of his knowledge, they will paint the equipment on the roof to match the roof. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve ZA 00-023, Site Plan for Lot 4, Block 1, Kimball/1709 Addition, subject to the Site Plan Review Summary No. 5, dated August 11, 2000; granting the variances set forth in the review letter. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Fawks, Kendall, Stacy Shankland, Potter 5-2 vote Agenda Item #7-F, Resolution No. 00-084, (ZA 00-082), Specific Use Permit for outside storage for Lot 5, Block 1, Kimball/1709 Addition (Lowe's) Regular City Council Meeting Minutes of August 15, 2000 Page 20 of 27 Resolution No. 00-084 (ZA 00-082), Specific Use Permit for outside storage for Lot 5, Block 1, Kimball/1709 Addition, involving 14.7181 acres. A Site Plan for Lowe's was considered with this request. Current Zoning: "C-3" General Commercial District. Owner: Lowe's Companies, Inc. Applicant: Marc Millis Senior Planner Ken Baker presented this SUP noting that thirteen (13) notices were sent to property owners within the 200' notification area and one response was received from inside the notification area and one response received from outside the notification area; both in favor. The Lowe's property is bounded to the south by Southlake Boulevard and to the west by North Kimball Avenue. It is located approximately 300' south ofSH 114. On September 1, 1998, Council granted SUP approval for outside storage in the garden center. Due to a delay in the commencement of construction and the City's adoption of new outside storage regulations on February 15, 2000, the approved SUP was no longer valid. The purpose of the request was for a Specific Use Permit to provide for a Garden Center, outside staging area, and outside storage for shopping carts. All improvements shown on the site plan are currently under construction based on approval of the original site plan and SLIP in 1998. The outside staging area is located at the northeast portion of the building. It is intended for the "staging" of stock that is to be moved to the sales floor. The original plan called for this are to be roofed, the proposed plan shows this area to be fully enclosed by walls with no roof. The main issue discussed during the P&Z Commission hearing was related to "bagged goods" such as fertilizers, which were planned to be kept in the garden center. The outside storage regulations require that these materials be kept behind a 4'wall and allows no variance provisions under City Council authority. The plant materials can be screened by walls, wrought iron or other approved variations. On August 3, 2000, the P&Z Commission recommended approval (4-2) subject to Site Plan Review Summary No. 2, dated July 28, 2000, and to grant the variances on Item #1 (storage of shopping carts outside) and on Item #2 (screen outside storage) for outside staging area only, but in regards to the garden center, voted to require it to come into compliance with the ordinance and stating that the plant materials behind the wrought iron is permissible but only bagged or hard goods must be behind a solid screen wall with no goods stacked above the level of the wall; and allow the vestibule as proposed. The following waivers are requested by the applicant: Allow the storage of shopping carts outdoors. Where solid screening wall is required, allow the garden center outside storage of living plant material to be screened by a combination of masonry and wrought iron. Regular City Council Meeting Minutes of August 15, 2000 Page 21 of 27 Mark Millis was present to represent Lowe's. Post Office Box 1111 N. I~Vilkesboro, North Carolina. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-084 (ZA 00-082), Specific Use Permit for outside storage for Lowe's subject to the Site Plan Review Summary No. 2, dated August 11, 2000; allowing a waiver for item #1 for a tall screen wall to be one foot taller than the carts; granting the waiver allowing only a solid screen wall for all outside storage as previously approved; all outside storage shall not be stacked in excess of height of interior walls in the garden center as shown on the plan; approving a thirty foot staging area with a masonry wall enclosing the entire screening area and without a roof structure; and allow a vestibule in the drawing underneath the staging area. Motion: Second: Ayes: Nays: Approved: Standerfer Potter Standerfer, Potter, Fawks, Kendall, Shankland, DuPre, Stacy None 7-0 vote Agenda Item #8-B, Ordinance No. 480-349, 1st Reading (ZA 00-056) Rezoning and Concept Plan for High Point. Ordinance No. 480-349, 1st Reading, (ZA 00-056), Rezoning and Concept Plan for High Point on Tracts 3A, 3A1B, 3A2, 3E, 3El, and a portion of Tract 3A1C, Littleberry G. Hall Survey, Abstract No. 686, involving 14.654 acres, from "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District. Owner/Applicant: Ross Owen. Senior Planner Ken Baker presented Ordinance No. 480-349, and noted twenty-eight (28) notices were sent to property owners within the 200' notification area and seven responses were received -- one in favor, three opposed and three undecided. This item is a proposed 14.654 acre residential development located on the west side of Shady Oaks, across from Love Henry Court. It's bounded on the north and west by Southridge Lakes, an SF-20A residential development. The property owner wants to retain approximately three acres to the south with an existing residence that will remain zoned "SF-1A". The plan proposed 24 lots and three common areas along Shady Oaks with a density of 1.64 dwelling units per acre. All of the property is zoned "SF-1A" The north half is designated as "medium density residential" and the south half is designated as "low density residential" according to the City's Land Use Plan. On July 20, 2000, the Planning and Zoning Commission recommended denial (6-0 vote). The general feeling of the Commission was that medium density development would have a negative impact on traffic on Shady Oaks and on Durham Elementary School and that low-density development would be more appropriate, serving as a buffer for low- Regular City Council Meeting Minutes of August 15, 2000 Page 22 of 27 density properties to the south and east. Due to the recommendation for denial by P&Z, a super majority vote of approval will be needed by the City Council. Ross Owen, 480 Shady Oaks Drive, Southlake. Mr. Owen was present to answer questions from City Council. He requested Council table this item until September 19, 2000 City Council meeting. After discussion, motion was made to table this item at the request of Mr. Owen to the September 19, 2000 City Council meeting. Motion: Second: Ayes~ Nays: Approved: Standerfer Shankland Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, Stacy None 7-0 vote to table. Agenda Item gl0-E, Request for Variance to Sign Ordinance No. 704-A~ for Tom Thumb Market, located at 100 West Southlake Boulevard, Ste. 200 Chief of Building Services Malcolm Jackson presented the request for a variance to Sign Ordinance No. 704-A, for Tom Thumb, located at 100 West Southlake Boulevard, Site 200. He explained that recently Tom Thumb opened its remodeled store at White Chapel and Southlake Boulevard. Tom Thumb installed a sign that was in compliance with the ordinance and is now seeking a variance for both letter height and sign area to install a new sign on the building. The proposed sign would be located on the south elevation (fi-ont) of the store, which is set back approximately 445' from Southlake Boulevard and is limited to 42-inch letter heights. The proposed sign has a 72-inch letter "T" for the words "Tom Thumb" with lower case letters at 36-inches (excluding the upward arm of the "h" and "b"). The sign contains 407 square feet in area compared to the 217 square feet, but the addition of the "Food and Pharmacy" places the total area over the allowable limits. Jim Chapel, 6302 Waterford Drive, Arlington. Mr. Chapel represented the sign company and stated other stores use block letters and they use script letters. They are asking for a variance at this time. Motion was made to allow a variance to the sign ordinance for Tom Thumb Market as follows: Increasing the "T" at 60" and all other letters the same as they are. Motion: Second: Ayes: Nays: Approved: Potter DuPre Potter, DuPre, Standerfer, Fawks, Kendall, Shankland, Stacy None 7-0 vote Agenda Item 7-H, ZA 00-086, Site Plan for Bob Jones Park Regular City Council Meeting Minutes of August 15, 2000 Page 23 of 27 ZA 00-086, Site Plan for Bob Jones Park, on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A, R.D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; all of the vacated West Beach Addition; and being approximately 200 acres. Cmrent Zoning: "AG" Agricultural District. Location: Southeast comer of the intersection of North White Chapel Boulevard and Bob Jones Road. Owner and Applicant: City of Southlake. The Site Plan for Bob Jones Park was presented by Senior Planner Ken Baker, noting forty-six (46) notices were sent to property owners within the 200' notification area and seven responses were received, two in favor, three opposed and two undecided. The property is located on the southeast comer of Bob Jones Road and North White Chapel Boulevard, contains 190.4 acres and is bounded to the south by Corps of Engineers property. This plan proposed to add multi-use trails, nature trails, pavilions, concession and restroom facilities, baseball/softball fields, and amphitheater, ponds, and parking to Bob Jones Park. The majority of the improvements are located on the southern half of the park with the exception of a concession/restroom building which is located within 400 feet of residentially designated property to the north and subject to articulation requirements. Areas within 400' of the northern and western boundaries are subject to residential adjacency standards. On August 3, 2000, the P&Z Commission recommended approval (6-0) subject to Site Plan Review Summary No. 2, dated July 28, 2000, and to allow the variance to Item #1 (Type 'C' bufferyard) and Item #2 (8' screening device) but limiting to the areas of improvement on this Site Plan and deferring the required bufferyards and screening along the northeast portion of the park until futura site plan approval. The Commission did not grant the requested variances on the articulation of the concession building feeling that compliance could be achieved and would improve the appearance. Applicant requested the following waivers: ,~' A Type "C" bufferyard is required where the park is adjacent to properties with residential land use designation. ,/ An 8' screening device is required where the park is adjacent to residentially zoned property or property occupied by a residential structure. · / Due to residential adjacency, the proposed Concession Stand is required to be articulated both horizontally and vertically on all four elevations. PUBLIC HEARING: The public heating resulted with no comments from the audience. Motion was made to approve ZA 00-086, Site Plan for Bob Jones Park, subject to the Site Plan Review Summary #2, dated July 28, 2000; granting the variances as requested. Motion: DuPre Regular City Council Meeting Minutes of August 15, 2000 Page 24 of 27 Second: Ayes: Nays: Approved: Shankland DuPre, Shankland, Potter, Fawks, Standerfer, Stacy Kendall 6-1 vote Agenda Item 7-I, ZA 00-087, Preliminary Plat for Bob Jones Park ZA 00-087, Preliminary Plat for Bob Jones Park, on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A, R.D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; all of the vacated West Beach Addition; and being approximately 200 acres. Location: Southeast comer of the intersection of North White Chapel Boulevard and Bob Jones Road. Owner and Applicant: City of Southlake. Senior Planner Ken Baker presented the preliminary plat for Bob Jones Park, noting 46 notices were sent to property owners within the 200' notification area and seven responses were received - five in favor and one undecided from within the 200' notification area and one undecided from outside the 200' notification area. The P&Z Commission recommended approval (6-0) on August 3, 2000, subject to Plat Review Summary No. 1, dated July 28, 2000. Motion was made to approve ZA 00-087, Preliminary Plat for Bob Jones Park; subject to the Plan Review Summary #1 dated July 28, 2000. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, Stacy None 7-0 vote Agenda Item 8-A, Ordinance No. 783, 1st Reading, Providing for the amendment of Article II of Chapter 8 of the Code of Ordinances relating to Municipal Court of Record This item was approved during "Consent" agenda with two-year stipulation. Agenda Item 9-A, Resolution No. 00-82, Supporting SH 170 expansion This item was approved during "Consent" agenda. Agenda Item 10-A, Authorize the Mayor to execute a developer agreement for Crown Ridge Addition, Phase IA and lB This item was approved during "Consent" agenda. Agenda Item 10-B, Request for variance to Sign Ordinance No. 704-A, for Loch Meadow Estates located at 939 North Carroll Avenue Regular CiW Council Meeting Minutes of August 15, 2000 Page 25 of 27 This item was removed from the agenda. Agenda Item 10-C, Adoption of Community Services Department Registration Policy - waiving of fees This item was approved during "Consent" agenda. Agenda Item 10-D, Consider revising planned trail width for Traffic Management Bond hike and bike trail improvements This item was approved during "Consent" agenda. Agenda Item 10-F, Consider request for rate increase from Trinity Waste, Inc. This item was approved during "Consent" agenda. Agenda Item ll-A, Ordinance No. 788, False Alarm Ordinance Fire Chief Ricky Black led the discussion of Ordinance No. 788, False Alarm Ordinance, which requires a permit to operate an alarm system and establishes a clause for denial, suspension, revocation of alarm permits, and provides for a term of the permit for one year. He explained that one of the greatest concerns of the Department of Public Safety was repeated responses to false police (burglar, fire, and EMS) alarms. Police statistics show a false alarm rate anywhere from 95 to 99 percent. A study of Southlake DPS safety records for 1999 indicate that false alarms accounted for 26 percent of all calls for police service and 24 percent of all calls for fire service. The false alarm calls result in approximately 3,795 hours of productivity. Chief Black explained the time and manpower involved in responding to each alarm. Ordinance No. 788 proposes a strategy of education, remediation and enforcement to decrease the number and frequency of false alarms. Recommended implementation measures were: Alarm user permit requirement ($10 residential, $20 commercial) A 10 to 15 minute timeout on outside audible An appeals process that provides reinstatement of the alarm permit upon proof of effort to comply (subsequent false alarm would revoke the permit) A policy of refusing to respond after 5 false alarms or billing for the response should DPS elect to respond An alarm tracking process Meeting and educational classes with institutions and residences with chronic false alarms Regular City Council Meeting Minutes of August 15, 2000 Page 26 of 27 Councilmembers thanked Chief Black for the time he put into the ordinance and for the complete presentation. This item is to go forward on the next agenda for first reading. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 1 Ma"ym~fcf~ Stacy -'--- ATTiEST: . . & I I I, gandra L. LeGrand =- ~- Catv Secret , · · ~ ary ~ '. :~- · · . . ~. .......... L.\Clty Secretary\L Drive MlnutesXCC-MIN-08-15 -~ Regular City Council Meeting Minutes of August 15, 2000 Page 27 of 27 City of Southlake, Texas MEMORANDUM August 11, 2000 1 i' TO: Billy Campbell, City Manager 11L FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Consider revising planned trail width for Traffic Management Bond hike and . bike trail improvements. Action Requested: City Council provide direction to staff on width of planned hike and bike trail improvements for Traffic Management Bond. Background Information: In May 1999, voters approved three propositions related to traffic management in a special bond election. Proposition No. 3 was for "the issuance of $4,730,000 general obligation bonds for park improvements (hike and bike trails)." The initial cost estimates for this proposal were based on a trail width of eight feet in keeping with general design guidelines and the desire to qualify for state trail grant funding. (The current Trail System Master Plan calls for six foot widths except on White Chapel, which is to be eight feet in width.) Bond election informational materials distributed to the public referenced the tails as being eight feet in width. HNTB Architects Engineers Planners has been contracted as the City's consultant to manage the design and construction of the improvements in the TMB, including the design and construction of the hike and bike trails. Design work has been progressing and construction bid packages are nearly ready to be released on the first segment of trails to be constructed (SouthRidge Lakes Parkway to Bicentennial Park, north side of FM 1709). Recently, discussions have arisen concerning the width of the trails and whether six foot trails should be constructed instead of eight foot trails. Issues have centered on: • expanse of concrete and resulting aesthetics or visual impact of eight foot versus six foot trails, • construction cost differential of eight foot versus six foot trails, • ability to construct eight foot trails within existing or required right of way. and • any restrictions on ability to meander trails within this right of way. Mr. Richard Ridings of HNTB has prepared a presentation he will make to City Council regarding these issues. A copy of his presentation is attached. Financial Considerations: Will be discussed as part of presentation. Examples of estimated costs for six foot trail and eight foot trail are included with this item. 10D - 1 Billy Campbell, City Manager August 11, 2000 Page 2 Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Alternatives include the following: • Change design of trails to six foot width. Supporting Documents: Supporting documents include the following items: • Copy of presentation to be given by Traffic Management Bond consultant. • Copy of Traffic Management Bond election informational piece. • Trail System Characteristics of Area Cities. Staff Recommendation: City Council consideration of this item at its August 15 meeting. Staff recommends that minimum trail width for Traffic Management Bond hike and bike trail improvements remain at eight feet in order to accommodate pedestrians and bicyclists. 10D -2 C C7 aG C •C ■ 12.4 r � C.) • u E G et Q -1.) --:u \ ... 0 0 \ v ai 0 3 • - z� N ct) i . . 0 ..> c v ( 0 E c.. °� O C Ca / 0 Sa■ Z � � � O. F, .. it • 3.� cn to - Q •- o O ›, b 0O O N by -c) a •- , -. „, 0 w E 0. .'" ,,, 0 ', a O v to t .. F 'r O 0 •~ b _ �� A cl • ^ • '" Q V N / 1 .+ U U V E 0 i-+ _ _. �" 0 U J .V ► J �, pa pa W S 1 • • • • • • j O z 1 , S! 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Q 0 rmO m z h Z H J (n< u) J € W < 0 m z a.' ^ O�a�ZW0o<- 0 J 0 °� 0 CO J CC Q w z 2 a> a O U ? 2 a o w m a u. W a 4 E> a),_ O z U j 2 2 a Ct 0 w m OoHOQ O 00ag0 F _ Mp O.¢ i 0< 0 00ag0? F 0 . .. A Li �§wa- w__QZ =i-> 3 - a �wa -Jw _ < - to 1- > o C) lit_ZDU_IOM'cl a Cr) 2 1- cc a 2 0 tY 7 co 0 2 co < 0 (n 1-.: T 1 m W N CO : V u') O f` of Q) N C) (0 O - N O) ° r N N \=+•/ ...._.: ! _...__. ISM I o z SIN -VEAOHdV'JI . 11V21-1- CI NV NO1103S�1A1NI WWa6oad puo8 TuaW EueW of ea,l !rec r /n , 0 >I ea no o A 1 ell j[ I . _ .... 10D -11 „, I s ,, i ote i., fp _._ ..sue. -. ......�• r � kr The City Council has authorized a traffic management bond (TMB) election set for May 1, 1999. The election will allow voters to decide whether to approve a $24.12 million bond issue to (1) provide safer intersections along SH 114 and _ Southlake Boulevard (FM 1709), (2) fund construction enhancements for SH 114 h-- and (3) build hike /bike trails along major north -south and east -west roadways. • t The electorate will consider the following three propositions: r • t . Would provide $17.3 million for improvement Would provide $2.15 million to work with to major intersections along Southlake TxDOT as they construct SH 114 A Boulevard (FM1709) and SH 114. These improvements. The funds would be used to improvements will provide for safer enhance their standards to a level more intersections by providing appropriate turning indicative of Southlake. The State has radii at tho corners, additional turning lane, committed $51.2 million for SH 114 A and deceleration lanes where needed. On improvements, which will include six main . SH 114, the Texas Department of lanes, access roads and over /under passes p kt Transportation (TxDOT) will construct the for the four major streets of North Kimball s street cross - sections recommended by the Avenue, North Carroll Avenue, North White 7. a City's thoroughfare plan within the state's Chapel Boulevard, and West Dove Road. To A right -of -way. Proposition One would include upgrade the design standard, Southlake will. funds to continue the same cross section for have to contribute the increased funding . a various lengths on either side of SH 114, as These enhancements could possibly include well as at the signalized intersections on staining or patterning of the concrete and the is Southlake Boulevard and at the intersection installation of upgraded guardrails, signage of Brumlow Avenue with SH 26. The and enhanced pavement patterns at the city signalized street intersections along FM street intersections. 1709 are as follows: Pearson Lane, Randol Mill Avenue, Peytonville Avenue, Southridge Lakes Parkway, White Chapel Boulevard, Byron Nelson Parkway / Diamond Boulevard, Shady Oaks Drive, Carroll Avenue, Central Avenue, Village Center Drive, Kimball Avenue and Commerce Street. This .,. , proposition also includes construction of =my. 1/ k . , deceleration lanes at several non - signalized Would provide $4.73 million for hike /bike re 7 � ,� i intersections on FM 1709. These streets are: trails to be constructed along FM 1709 from z Bank Street, Westwood Drive, Miron Drive, Pearson Lane (border with Keller) to SH 114 ._ .z ., .k Foxborough Lane, Lake Crest Drive, Timber (border with Grapevine) and from SH 26 to Lake Place, Stone Lakes Place, Meadowlark Bob Jones Park. A trail is also proposed to a-' Lane, Ginger Court, Brock Drive, East and connect Bicentennial Park to Southridge s ” West Jellico Circle, and future Nolan Drive. Lakes Parkway. These trails would be eight (8) feet in width to accommodate both z lo - 12 pedestrians and bicyclists. t , .. tz --r w r`aa z * . ...... i 1 t CITY OF SOUTHLAKE TMB ELECTION . Will take place in the Office of the City Secretary at i= -' 1725 E. Southlake Blvd. during the following times: ;' .- `'. April 14 -27 8:00 a.m. to 5:00 p.m. .-s. ._ April 24 (Sat.) 8:00 a.m. to 5:00 p.m. x ; a h . 4 . . Will take place at Johnson Elementary School on: ,.. Saturday, May 1 7:00 a.m. to 7:00 p.m. 3 -::,:, i Two Town Hall meetings hosted by SPIN: ..Y Monday, March 29, 7:OOp.m. Johnson Elem. School Tuesday, April 13, 7:OOp.m. Senior Activity Center Available from the following: t F Public Works Department 481 -5581 ext. 741 , • 4 Rf Y City's web site: www.ci.southlake.tx.us ---. )-; 7,; � ! a . °`` This flyer prepared &distributed for informational purposes a ly. - N .. / ti S " 3 i ti VOTE YOUR CHOICE MAY 1, °I9s): 10D - 13 Trail System Characteristics of Area Cities City / Contact Minimum Width - Any Constructed? Example Multi -Use Off -Road Locations Trail Grapevine / 10' (will grant Yes Cottonbelt Trail @. S.H. Joe Moore exceptions but no lower 26 — 10' than 8' other than inside (410 -3120) parks) Bedford / 8' Yes (entire system just Martin Street @ Cheek - Kevin Fralicks completed) Sparger — 8' (952 -2301) Colleyville / 10' Yes Bear Valley Church on Clayton Husband Precinct Line — 10' (577 -7587) Hurst / Varies Yes South side — 10' Gerry Bradley (10' — 12' for multi -use Interior to Chisholm (788-7221) facilities) Park — 6' N. Richland Hills / Varies Yes Thornbird Drive — 8' Dalan Walker (10'- 12' — mutli -use, (4% -6620) off -road, 8' -- within parks) Keller / 10' Yes Bear Creek (8' — under Dona Roth Kinney older standards) (431 -6044) Flower Mound / 8' Yes 3925 Churchill Road @ Andy Czimskey (10' preferred) Cross Timbers (972 -539 -6006) Coppell / 12' Yes Andrew Brown Park Dennis Slayton West — 12' (972- 304 -3561) Lewisville / 8' Yes Central Park , 1829 S. Fred Herring Edmonds — 8' (972- 219 -3550) C: \TEMP \TRAIL SYSTEM CFIARACTERISTICS OF AREA CITIES . DOC 10D - 14 ;.� City of Southlake, Texas MEMORANDUM August 8. 2000 *-D TO: Billy Campbell, City Manager FROM: Valerie Bradley, Assistant to the Public Works Director, x773 1 I SUBJECT: Request for Rate Increase for Residential and Commercial Service from Trinity Waste Services, Inc. Action Requested: Consider a rate increase for residential and commercial service from Trinity Waste Services, Inc. Background Information: The City of Southlake currently has a contract with Trinity Waste Service, Inc. for the residential and commercial collection of solid waste and recycling. This contract was originally signed on May 1, 1992 for a period of five years. The contract was extended for a second five -year term, which puts the current termination date at April 30, 2002. On July 1, 2000, Trinity Waste Services, Inc. submitted a proposal for a rate adjustment. The proposal calls for a 3.25% increase in both residential and commercial collection rates. The proposal does meet all the stipulations required by the current contract and, if approved, will be the first rate adjustment since 1992. Financial Considerations: Residential Garbage Collection Current Rate I Proposed Rate 1 Base Rate $ 5.81 $ 6.00 City Franchise Fee $ .64 $ .67 Gross Base Rate $ 6.45 $ 6.67 Residential Recycling Collection Current Rate Proposed Rate Base Rate $ 1.80 I $ 1.87 City Franchise Fee I $ .20 I $ .21 Gross Base Rate 1 _ $ 2.00 $ 2.08 TOTAL NEW RESIDENTIAL RATE (pre -tax) $8.75 10F -1 Billy Campbell, City Manager August 8, 2000 Page 2 of 2 Commercial Garbage Collection The chart on page 10F -6 reflects a 3.25 % increase of all commercial rates. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Approve or Deny. Supporting Documents: Rate Adjustment Proposal (pages 10F -3 through 10F -15) Current Garbage Contract (pages 10F -16 through 10F -38) Residential Rate Study (page 10F -39) Commercial Rate Study (pages 10E-40 & 10F -41) Staff Recommendation: Place the aforementioned proposal on the August 15, 2000 City Council Agenda for Council review and consideration. 10F -2 7RomoTy_ WASTE SE RVICES - i 2 July 1, 2000 Shana Yelverton Assistant City Manager City of Southlake 667 N. Carroll Southlake, Texas 76092 Dear Ms. Yelverton: Under our current collection agreement, Trinity Waste Services must submit in writing the rate adjustment calculations with supporting CPI and Landfill data on or before July 1 for an October 1, 2000 effective date. The combined CPI and Landfill expenses this year over last amounts to a 3.45% increase. As you are aware the Southlake residential rate has not be adjusted since 1992. Once you have had an opportunity to review this material, I will be happy to meet with you to go over the contents in greater detail. If you need any additional information, or have any questions prior to our meeting, please let me know. Sincerely, Doug Rivers General Manager TRINITY WASTE SERVICES, 6100 Elliott Reeder Road, Fort Worth, Texas 76117 Tel: (817) 332 -7301 Fax: (817) 831 -2020 Customer Service Fax (817) 831 -7489 /� Printed on recycled = 1OF-3 City of Southiake nEurry SERVIGES Proposed Rates - Oct. 1, 2000 RATE ADJUSTMENT CALCULATION Current Residential Net Base Rate $5.81 CPI Adjustment % 70% Disposal Adjustment % 30% CPI % Change 4.00% Disposal % Change 1.49% Operations Disposal Total Old Rate Net Base Rate $4.07 $1.74 $5.81 Adjustment % 4.00% 1.49% Adjustment $ $0.16 $0.03 $0.19 New Net Base Rate $4.23 _ $1.77 $6.00 City Franchise Fee $0.67 New Gross Base Rate $6.67 Operations Disposal Total Old Rate Net Recycling Base Rate $1.80 Adjustment % / $ 4.00% 0.00% $0.07 City Franchise Fee $0.21 Gross Rate $2.08 Disposal Rates for Selected Landfills Compacted Gate Rates 1- Oct -98 1- Oct -99 % Change Waste Management DFW $7.25 $7.25 Waste Management Westside $7.00 I $7.00 Camelot Landfill _ $6.75 ! $6.75 Mill Creek $6.75 $7.00 Turkey Creek $5.75 $6.00 Total $33.50 $34.00 1.49% 1OF -4 City of Southlake e irr PERCENTAGE INCREASE CALCULATION APPLIED TO THE COMMERICAL MATRIX OPERATIONAL PORTION (70 %) DFW CPI 4.00% x 70% = 2.80% LANDFILL PORTION (30 %) LANDFILL AVERAGE 1.49% x 30% = 3.13% 3.25% 1OF -5 TRINITY WASTE SERVICES FRANCHISED CITY RATES CITY OF SOUTHLAKE COMMERCIAL FRONT -LOAD RATES PICKUPS PER WEEK SIZE 1 X 2X I 3X 4X SIX 6X EXTRA 2 YD 41.31 65.39 89.48 113.58 136.51 160.61 20.65 3 YD 51.61 86.04 121.60 156.02 191.59 226.00 25.23 4 YD 63.10 104.40 147.36 188.15 230.60 271.90 29.83 6 YD 96.36 139.96 195.00 251.24 307.46 362.52 34.41 8 YD 108.98 178.96 248.95 317.78 387.76 457.74 40.15 COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVEI?Y RENTAL HAUL DISPOSAL TOTAL ' DEPOSIT PER DAY PER LD ., PER LD PER LD PER CONT 20 YD OPEN 72.80 3.12 123.25 116.60 239.85 200.00 25 YD OPEN 72.80 3.12 123.25 145.75 269.00 200.00 30 YD OPEN 72.80 3.12 123.25 174.90 298.15 200.00 35 YD OPEN 72.80 3.12 123.25 204.05 327.30 200.00 40 YD OPEN 72.80 3.12 123.25 233.20 356.45 200.00 28 YD COMP NEGO NEGO 123.25 217.84 341.09 NEGO 30 YD COMP NEGO NEGO 123.25 233.40 356.65 NEGO 35 YD COMP NEGO NEGO 123.25 272.30 395.55 NEGO 40 YD COMP NEGO NEGO 123.25 311.20 434.45 NEGO l 42 YD COMP NEGO NEGO 123.25 326.76 450.01 NEGO FRANCHISE FEE PERCENTAGE 10.00% 10.00% LOOSE COMP DISPOSAL RATE PER YARD $5.25 $7.00 FRANCHISE FEE MARKUP $0.58 $0.78 TOTAL COST PER YARD $5.83 $7.78 COMMERCIAL HANDLOAD 2 TIMES PER WEEK @ $16.75 PER MONTH (Limit 4 bags) CASTERS $10.00 /MONTH LOCKS $1.00 /PER LIFT RESIDENTIAL CURBSIDE W/O RECYCLING $6.67 /MONTH RESIDENTIAL CURBSIDE W/ RECYCLING S8.75 /MONTH EFFECTIVE DATE 10 /1 /00 CITY HALL PHONE # 817 / 481 -5581 1OF -6 Region Bureau S Labor Southwest Statistical Summary Statistics March 2000 Dallas, Tx 75202 Consumer Price Index for All Urban Consumers (CPI -U), U.S. City Average, Dallas -Fort Worth, and Houston - Galveston - Brazoria (1982 -84 =100, not seasonally adjusted) March 2000 U.S. City Average: Dallas -Fort Worth: Houston - Galveston: Percent change: Percent change: Percent change: INDEX ITEMS Index I12-Month 1 1 -Month Index 112 -Month 1 2 -Month Index (12 -Month I 1 -Month All Items 171.1 3.7 0.8 163.1 4.3 1.7 Fccd and beverages 167.1 2.1 0.2 166.5 0.7 -1.0 Food 166.5 2.0 0.1 164.4 0.8 -0.7 Food at home 166.4 1.8 0.1 154.5 0.8 -1.1 159.3 2.3 0.1 Food away from home 167.9 2.3 0.2 180.7 0.8 -0.2 Alcoholic beverages 173.5 3.0 0.3 189.4 -0.8 -4.1 Housing 167.6 2.9 0.4 149.5 3.0 0.9 Shelter 191.8 3.0 0.6 162.1 3.5 1.2 157.8 4.2 1.5 Rent of primary residence 1/ 181.7 3.2 0.3 160.6 3.9 0.8 148.5 2.4 0.2 Owners' equivalent rent 1/ 2/ 196.4 2.6 0.2 170.6 3.5 0.9 142.4 2.7 0.2 Fuels and utilities 131.8 4.7 -0.8 123.9 1.8 -0.3 Gas (piped) and electricity 1/ 120.7 2.4 0.1 111.2 0.6 -1.0 89.4 -0.1 0.9 ectricity 1/ 124.2 0.6 0.2 109.7 -1.7 0.0 89.8 -1.3 0.0 .ility natural gas service 1/ 117.6 7.0 -0.1 108.5 12.9 -5.2 88.5 6.4 5.9 Household fumishings/operation 127.9 0.9 0.6 137.2 2.0 0.9 Apparel 132.5 -0.2 2.6 146.4 -1.7 13.8 Transportation 153.4 9.1 2.5 151.9 10.2 3.8 Private transportation 149.2 9.4 2.5 151.1 10.5 3.6 Motor Fuel 131.7 52.6 11.5 132.2 56.8 16.8 131.3 57.2 11.4 Gasoline 130.9 52.6 11.6 131.5 56.9 16.8 131.1 57.6 11.5 Medical care 258.1 3.9 0.4 240.8 4.0 1.2 Recreation 3/ 102.9 1.1 0.4 105.5 4.6 2.8 Education and communication 3/ 102.0 1.2 -0.2 106.2 4.0 -0.8 Other goods and services 268.0 5.8 0.5 251.8 9.4 -0.2 Special Indexes: Energy 122.2 24.2 4.7 121.1 24.8 7.9 108.5 23.7 6.1 All items less shelter 164.8 4.0 0.9 164.2 4.5 1.9 All items less food and energy. 180.4 2.4 0.6 172.1 3.4 1.7 All Items (1967 =100) 512.5 511.6 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) All Items 167.8 4.0 0.8 162.9 4.6 1.6 All items (1967 =100) 499.7 502.3 1/ This index series was calculated using a Laspeyres estimator. All other item stratum index series converted to a geometric r*'-ns estimator in January, 1999. 2/ 3ries title is 'owners' equivalent rent of primary residence "; index base is December 1982 =100. 3/ ii-xes on a December 1997 = 100 base. Note 1: Dallas -Fort Worth and Houston - Galveston - Brazoria CPIs are for the Consolidated Metropolitan Statistical Areas. Note 2: The food at home, energy, and shelter sub - component indexes are compiled monthly for Dallas -Fort Worth and Houston. Full surveys, which produce the All Items Indexes and major components, are conducted every two months. These full surveys are published for the odd - numbered months for Dallas and for the given numbered months for Houston. 1 n,77 7 Region Bureau of Labor Southwest Statistical Summary 4) Statistics March 1999 Dallas, Tx 75202 Consumer Price Index for All Urban Consumers (CPI -U), U.S. City Average, Dallas -Fort Worth, and Houston - Galveston- Brazoria '1982 -84 =100, not seasonally adjusted) March 1999 U.S. City Average: Dallas -Fort Worth: Houston - Galveston: Percent change: Percent chap e: Percent change: INDEX ITEMS Index 12 -Month f 1 -Month Index [ 12 -Month 2 -Month Index 112 -Month I 1 -Month '+ll Items 165.0 1.7 0.3 156.4 2.2 0.9 Food and beverages Food 163.7 2.2 -0.1 165.4 4.0 1.5 163.3 2.3 0.0 163.1 4.2 1.6 Food at home 163.4 2.0 -0.2 153.3 4.1 2.1 155.7 -1.3 0.8 Food away from home 164.2 2.7 0.2 179.2 4.4 0.8 Alcoholic beverages 168.4 2.0 -0.1 191.0 1.4 -0.3 lousing 162.8 2.3 0.3 145.1 2.8 0.3 Shelter 186.3 3.0 0.4 156.6 4.0 0.6 151.5 4.8 1.8 Rent of primary residence 1/ 176.0 3.3 0.2 154.5 4.5 0.7 145.0 5.0 0.6 Owners' equivalent rent 1/ 2/ 191.5 3.0 0.1 164.8 3.8 0.2 138.6 4.1 0.2 Fuels and utilities 125.9 -0.9 -0.1 121.7 -1.1 -1.8 Gas (piped) and electricity 1/ 117.9 -1.3 -0.1 110.5 -2.1 -2.9 89.5 -1.0 -1.1 Electricity 1/ 123.5 -0.6 0.5 111.6 -0.3 0.4 91.0 1.3 0.2 Utility natural gas service 1/ 109.9 -2.9 -1.7 96.1 -10.9 -16.9 83.2 -11.7 -7.6 Hous ' furnishings/operation 126.7 0.3 0.0 134.5 0.7 0.9 ppare 132.7 -1.6 2.3 148.9 1.4 11.5 ransportation 140.6 -0.6 0.6 137.8 -1.0 0.7 Private transportation 136.4 -0.8 0.4 136.7 -2.2 0.4 Motor Fuel 86.3 -5.1 3.2 84.3 -8.0 -0.4 83.5 -8.8 -0.9 Gasoline 85.8 -5.0 3.2 83.8 -8.0 -0.5 83.2 -8.9 -1.0 Medical care 248.3 3.5 0.2 231.5 1.7 0.9 Recreation 3/ 101.8 0.8 0.0 100.9 1.2 -0.4 : and communication 3/ 100.8 0.9 -0.1 102.1 3.0 0.3 _ther goods and services 253.3 9.0 -0.7 230.2 6.5 -2.9 pecial Indexes: lergy 98.4 -3.1 1.1 97.0 -4.7 -1.8 87.7 -4.4 -1.0 All items less shelter 158.5 1.3 0.3 157.1 1.7 1.0 L '1 items less food and energy 176.2 2.1 0.3 166.4 2.4 1.0 1 Items (1967 =100) 494.4 490.7 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) _II Items 161.4 1.7 0.2 155.8 2.0 0.8 All Items (1967 =100) 480.9 480.5 • This index series was calculated using a Laspeyres estimator. All other item stratum index series converted to a geometric means estimator in January, 1999. 2/ Full series title is "owners' equivalent rent of primary residence "; index base is December 1982 =100. Index 'n a December 1997 = 100 base. Note 1: . as-Fort Worth and Houston - Galveston- Brazcna CPIs are for the Consolidated Metropolitan Statistical Areas. N1te 2: The food at home. energy, and shelter sub - component indexes are compiled monthly for Dallas -Fort Worth and i :ustcn. Full surveys, which produce the All Items Indexes and major components, are conducted every two months. ..ese full surveys are published for the odd- numbered months `or Dallas and for the even- numbered months for Hcustcn. 1OF -8 S9 -21 -98 18:S DPW RDF 10' r.9: A.FW Recycling & Disposal Facility Kates effective October 1, 1998 Loose - Rouse exclusive of stone, rocks, • concrete or roofing in any open type container. 5 5.75 per cubic yard Greater than 12 yds $ 5.00 per cubic yard S20.00 Minimum Compacted Material - Retiase that has been compacted by a commercial compactor. 5 7.25 per cubic yard 520.00 Minimum Non Compactable Material - Bulk refuse such as stone, rocks, concrete, or trees and stumps over 6" in diameter that will not compact to i/3 its si- 516.75 per cubic yard 520.00 Minimum Roofing Naterial - Any type of roofing material. S 7.00 pc: cubic yard 520.00 Minimum ,Ainimum Charges: Cars 5 10.00 Pickup trucks (up to bed level) 5 20.00 . Pickup trucks (cab level) S 30.00 Vans (up to 3/4 ton) S 30.00 Trailer 5 20.00 Notes: 1. 1111 pickup trucks loaded above cab level will be measured and charged at $ 5.75 per cubic yard. 2. All non compactable items will be measured and charged at 516.75 per cubic yard. 3 All trailers will be measured and charged the greater of 520.00 or $5.75 per cubic yard. Refrigerant containing equipment will be accepted only after being properly evacuated and accompanied by certification. 520.00 Minimum Customers requiring loads Loads must be properly 515.00 minimum pulled off by compactor. prepared for this service. No - Tarp Charge Sutc law requires that roads 53.00 minimum be covered or be charged a ['cc. 51.00 per cubic yard over 3 yds. 10F —Q es /2I /1396 i =. ? .3175F,a:si.4 wES'SID£ L..NCFtLL P 83 • • Westside Recycling az Disposal - Facility New Gate Rates as of Oct. • 1, 1998 Bill Code Description $/CYD MINIMUM • 610 Loose 5.00 30.00 • • 620 Compacted . 7.00 N/A 824 C&D Debris • 5.00 30.00 670 N.on Cornpactabie • 14.25 42.75 611 'Roofing 7.00 21.00 • • • Other Charm; • Minimum Charges for Pick -up and Cars — Cars and Pickup Trucks (up to bed Level) $20.00 Minimum : Pickup Trucks (cab level) and Vans $30.00 Mlnimam . • Refrigerant containing equipment — If refrigerant has been removed (with certification) • $20.00 Minimum If refrigerant has not been removed $25.00 Minimum • Customers requiring Loads pulled off by the compactor (loads must be properly prepared for this service). $15.00 Minimuni No -Tarp Charge -- State Law requires that all Toads : be• covered or be charged a fee. $3.00 Minimum; $1.00 /per cubic yard over 3 yds. Notes: 1) Loose material Is. refuse exclusive of stone, rocks, concrete, dirt, carpet, railroad ties,'roofing material, etc,. in any open type container. 2) C &D Debris Is Construction and Demolition type materials. 3) Compacted Material Is refuse that has been compacted by a commercial compactor. 4) Non - Compactible Material Is bulk refuse such as stone, rocks, concrete, carpet, railroad ties, trees and stumps over. 6 in size, or any similar material that will not compact to 1/3 its size. 5) Roofing Material is any type• of roofing Material. • d) There is a. minimum charge (as shown above) QFl . LQQse and C &D Debris 7) There Is a 3 cyd minimum charge on Roofing and Non- Compactable • . • 8) Discounts may be available for guaranteed Large volumes 10F -10 C iff1EEL ' T LA t-1 [ F 1 t_ L_ • December 29, 1998 .,luebonnet Waste Control Inc. Mr. Sonny Rivera P.O. Box 2 25745 Dallas, Texas 75222 Re: Disposal Fees by Ton at City of Farmers Branch Camelot Landfill Dear Mr. Rivera: We evaluated our price structure presented to you via a letter dated September 30, 1998, and believe a revision is appropriate given numerous requests for a disposal rate based upon tons rather than truck cubic yards. Effective January 1, 1999, Camelot Landfill customers have the ability to choose between disposal fees based upon truck cubic yards or tons. Optional disposal rates will be as follows: Tons $ 18.75 per ton Minimum Charge S25.00 per load Al! rates include TNRCC fees. Weight discounts are available upon request. -OR- Loose MSW S 4.50 per truck cubic yard Compacted MS W S 6.75 per truck cubic yard Hard to Handle Wastes S12.50 per truck cubic yard Minimum Charge S25.00 per load All rates include TNRCC fees. Volume discounts are available upon request. All waste delivered to our facility will be invoiced on a truck cubic yard basis unless prior contractual arrangements have been made. If a contract is desired, please contact either v1r. John Dion at (972) 225 -4207 or myself at (972) 492 -3888. The employees at Camelot Landfill strive to ensure you receive the best disposal service in the DFW area, and would welcome your decision to use our disposal facility. If you have any questions or comments regarding the optional price structure, please do not hesitate to contact either me or John Dion. Very truly yours, CAMELOT LANDFILL Jeffrey D. Mayfield. P. Landfill Manager c: John Dion • CAMELOT LANDFILL, 580 Hutlines 9oulevarC. Lewisville, TX 75056 • • Tel: (972) 492 -3888 Fax: (972) 492 -4943 Pnnted on recycled paper 1OF --11 Mill Creek Landfill Owned by CROW LANDFILL TX, L.P. September 1, 1999 An < I Waste Industries, Inc. Company Re: New Rates at Mill Creek Landfill Dear Valued Customer. On October 1, 1999, the rate charged for disposal of certain wastes at our facility will change. Although most categories will remain the same, several categories will increase. Effective October 1, 1999, disposal rates will be as follows: Loose Waste $5.25 per cubic yard Compacted Waste 57.00 per cubic yard Hard to Handle Wastes $12.50 per cubic yard Special Waste $9.50 per cubic yard Minimum Charge $25.00 per load Pull-Off $20.00 (non - refundable) All rates include state fees Volume discounts are available upon request. Load charges are based upon the full measured/rated capacity of the delivering vehicle or container. Hard to handle wastes are defined as materials that cannot be reduced to in of its original size. Examples include asphalt, concrete, tree stumps, roofing shingles, railroad ties, and baled materials. Non - hazardous special wastes as defined by the TNRCC and allowed by our permit may be accepted at this landfill, however, prior approval is required. Contact Ms. Debra Whitehead at (972) 816 -5932 for acceptable wastes and pricing. It is our policy to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the Safety and Environmental Rules for the site. Copies of the rules are available at the scale house. The employees at Mill Creek Landfill appreciate your decision to use our disposal facility. In return, we strive to ensure that you receive the best disposal service in the DFW area. If you have any questions or comments regarding these rules or Iandfill operation, please do not hesitate to contact me at (817) 2374178, extension 11. Very truly yours, MILL ' a LANDFILL John Peterson Site Manager 1OF -12 AiII Creek Landfill Owned by CROW LANDFILL TX, L.P. ►n A" Waste Industries, Inc. Company August 12, 1998 Dear Customer, On September 1, 1998, the gate rates charged for disposal of Municipal Solid Waste (N1SW) at the Mill Creek Landfill, operated by Crow Landfill TX, L.P. will change. Effective September 1, 1998, gate rates will be: Loose MSW $ 5.25 per cubic yard Compacted MSW $ 6.75 per cubic yard Special Waste please contact our office for rate quote Hard to Handle Wastes $12.50 per cubic yard Minimum Charge $25.00 per load All rates include state fees. Compacted wastes are mechanically compacted waste or hauled in trucks that compact waste. Hard to hanale materials are defined as materials that cannot be reduced to 1/3 of its originril size such as concrete, dirt, tree stumps, baled materials, etc. Special Waste acceptance must be prearranged with site management to ensure compliance with Federal and State regulations. In addition, please call our office prior to delivery of any special waste to ensure that the materials are approved for acceptance. Load charges are based upon the full measured/rated capacity of the delivering vehicle or container in accordance with our policy. It is also Mill Creek policy to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the Safety and Environmental Rules for the site. Copies of those rules are available for your review at the site office_ We would like to thank you for your valued business and the confidence that you have placed in Mill Creek Landfill for your disposal needs. We will continue to provide you with dependable and environmentally sound services. Since . Kim A. Mote District Landfill General Manager Dallas/Fort Worth 1OF -13 Gi k EY CREEK LAN 1 1 = 0 _Il.._ September 20, 1999 Re: New Rates at Turkey Creek Landfdl Dear Valued Customer: • On October 1, 1999, the rate charged for disposal of certain wastes at our facility will change. Although some categories will remain the same, several categories will increase. Effective October 1, 1999, disposal rates will be as follows: Loose Waste S5.25 per cubic yard Compacted Waste $6.00 per cubic yard Hard to Handle Wastes S15.00 per cubic yard Special Waste $10.00 per cubic yard Minimum Charge (MSW) $25.00 per load Pull -Off $20.00 (non - refundable) All rates include state fees. Volume discounts are available upon request. Load charges are based upon the full measured/rated capacity of the delivering vehicle or container. Hard _o handle wastes are defined as materials that cannot be reduced to 1/3 of its original size. Examples include asphalt, concrete, tree stumps, railroad ties, and baled materials. Non - hazardous special wastes as defined by the TNRCC and allowed by our permit may be accepted at this landfill, however, prior approval is required. Contact Ms. Debra Whitehead at (972) 816 -5932 for acceptable wastes and pricing. It is our policy to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the Safety and Environmental Rules for the site. ,copies of the rules are available at the scale house. The employees at Turkey Creek Landfill appreciate your decision to use our disposal facility. In return, we strive to ensure that you receive the best disposal service in the DFW area. If you have any questions or comments regarding these rules or landfill operation, please do not hesitate to contact me at (817) 790 -2912. Very truly yours, TURKEY CREEK LANDFILL Larry Bressman Site Manager 1 OF -14 TURKc ! 31C0 S 'ntersz ate 35 N aivarado.Texas 76009 Te 51 7) 790-29'2 = 3x: !817 '9C- =933 Printed on rec■cea o acer T ! KEY /nom L_ I=ILL • August 12, 1998 Dear Turkey Creek Landfill Customer, Turkey Creek Landfill's mission is to manage your waste in the most efficient, environmentally sound means possible. As we strive to maintain this standard, the costs of operating Turkey Creek have dictated that we adjust the gate rates at the landfill. Effective September 1, 1998, the gate rates will be: Loose MSW S 5.25 per cubic yard Compacted MSW $ 5.75 per cubic yard Hard to Handle Wastes $12.00 per cubic yard Special Waste please contact our office for rate quote Minimum Charge $25.00 per load All rates include state fees. Compacted wastes are mechanically compacted waste or hauled in trucks that compact waste. Hard to handle materials are defined as materials that cannot be reduced to 1/3 of its original size such as concrete, dirt, tree stumps, baled materials, etc. Special Waste acceptance must be prearranged with site management to ensure compliance with Federal and State regulations. In addition, please call our office prior to delivery of any special waste to ensure that the materials are approved for acceptance. Load charges are based upon the full measured/rated capacity of the delivering vehicle or container in accordance with our policy. Discounts are available to customers disposing a monthly quantity of 5,000 cubic yards or more of solid waste. Discounts are deducted from the published gate rates. Landfill policy is to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the Safety and Environmental Rules for the site. Copies of those rules are available for your review at the site office. We appreciate your selecting Turkey Creek Landfill as your disposal facility of choice. We are committed to providing the best waste disposal options at competitive prices. C G' J Kim A. Mote District Landfill General Manager Dallas /Fan Worth I;FKE' CFE =K '_,ANCF!LL. 9100 5 racers: ace C5 'N :ivarace -exas - 9CC9 - 8 ;9�2 :--73.x 3 ;a ^^ ar .91' 0 -_ _ _ , _ _ . -ecvic pace, OFFICIAL RECORD CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION ANT) RECYCLABLE MATERIALS COLLECTION STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT AND AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager, Curtis Hawk (hereinafter referred to as "City "), and Laidlaw Waste Systems, Inc., a Delaware Corporation, acting by and through its duly authorized market general manager, Joseph Noorlag (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor have heretofore entered into a Franchise and Agreement whereby Contractor agreed to provide residential and commercial garbage and trash services to the City and its inhabitants for a five (5) year period beginning May 1, 1992 and ending April 30, 1997; and WHEREAS, City and Contractor now desire to renew said contract by giving Contractor a non - exclusive license to use the public streets, easements, and thoroughfares within the limits of the City for the purpose of collection and disposal of residential and commercial garbage and trash, including solid waste recycling, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That City and Contractor do hereby covenant and agree as follows: Approved 4 -15 -97 1 OF- 1 6 SECTION 1. DEFINITIONS Wherever used herein, the hereinafter listed terms shall have the following meanings: 1. i Base Rate. The total approved solid waste coiiection and disposal rates for residential and commercial /industrial front load customers, excluding sales taxes, franchise fees and recycling fees. 1.2 Brush (Special). Tree and shrub trimmings and limbs, etc., in bulk which exceed four (4) feet in length and cannot be loaded readily into regular refuse compaction equipment. 1.3 BulkX .Waste. Stoves, refrigerators, water tanks, washing machines, furniture, and other waste materials other than Construction Debris, Hazardous Waste or Stable Matter. 1.4 Bundle or Boxed Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) pounds in weight. 1.5 City. City of Southlake. 1.6 Commercial Unit. Any commercial or industrial enterprises operating within the ■rporate Limits of the City, including any residential dwellings occupied by persons or group persons comprising more than four families. 1.7 Commadity_. Material than can be sold in a spot or future market for processing and use or reuse. Each commodity shall retain its own identity and be kept separate. 1.8 Commodity Buyer. A buyer or processor, selected by Contractor pursuant to the Contract Documents, of recyclable materials delivered by Contractor. 1.9 Consumer Price Index (CPI -I I -DFW). The revised Consumer Price Index for the Dallas/Fort Worth Metropolitan Area (CPI- U -DFW), 12 month average for all items as • published by the United States Department of Labor, Bureau of Labor Statistics, Region 6. In the event the U.S. Department of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may then be available so as to carry out the intent of this provision. 1.10 Contract Documents. This Contract and the most current Request for Proposals, Instructions to Bidders, and Contractor's Proposal, plus any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.11 Contractor. The person, or partnership performing refuse and recyclable materials ')11ection under this contract. 1.12 Construction Debris. Waste building materials resulting from construction, remodeling, Approved 4 -15 -97 10E-17 repair, or demolition operations. ..13 Disaster. A sudden and grave occurrence causing destruction or damage to property for which a state of emergency is declared by the City under its Emergency Management Plan. Disaster shall include both natural and manmade disasters, including but not limited to, indstorms, lightning strikes. tornados, hurricanes, flooding, hail, earthquakes, fires, plane crashes, riots and explosions. 1.14 DisgosaLSite. A refuse depository, physically located in the City or in close proximity thereto, including but not limited to the Landfill and other sanitary landfills, transfer stations, incinerators, and waste processing /separation centers licensed, permitted or approved to receive for processing or final disposal of refuse by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals. 1.15 Ciarhage Containers. Portable cans or similar containers constructed of galvanized iron, tin or other substantial material, or plastic bags or cardboard boxes, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty -three (33) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds. 1.16 Hazardous_Waste. Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the "tate of Texas to be "hazardous" as that term is defined by or pursuant to Federal or State aw. 1.17 Elousehold Hazatdhus2Waste. Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Texas to be "hazardous" as that term is defined by or pursuant to Federal or State Law, which is generated by households and similar generators. Types of household hazardous waste include household cleaning products, automotive products, paints and solvents, pesticides and other products such as pool chemicals, ammunition, dry cell and disc batteries, etc. 1.18 Landfill. The real property site for disposal as described in paragraph 1.11 above. 1.19 Producer. An occupant of a residential or commercial unit who generates refuse. 1.20 Rate2M_Qdification Date. The existing Base Rate will upon a timely request of the Contractor, be reviewed and if appropriate, revised effective upon a date defined as the Rate Modification Date. Contractor shall submit the request for rate modification in accordance with Section 10.7. The Rate Modification Date is established as October 1, 1998 and each October 1 thereafter for the contract period. In order for the City to consider a modification, the Contractor shall request a review of the current Base Rate July 1 preceding the Rate Modification Date. 1.21 Re_c_yclableAtaterials. Those commodities which are collected by Contractor pursuant Approved 4 -15 -97 1 OF-1 8 to this contract. ..22 Refuse. Every accumulation of waste (vegetable and /or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter including, but not by way of limitation. used tin cans and other food containers: and all easily decomposable animal waste or vegetable matter which is likely to attract flies or rodents; and all rubbish and waste material generated at a residential, commercial, industrial, institutional location, or construction site which must be disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse shall not include any waste materials included in the definition of hazardous waste. 1.23 Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential unit shall be defined when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of a single or multi level construction, consisting of four (4) or less continuous or separate single - family dwelling units, shall be treated as a residential unit, except that each single - family dwelling within any such residential unit shall be counted separately as a residential unit. 1.24 Rubbish. All waste wood, wood, wood products, tree trimmings, grass cuttings, dead "lants, weeds, leaves, dead trees or branches, thereof, chips, shavings, sawdust, printed latter, paper, pasteboard, rags, straw, used and discarded mattresses, pulp and other products such as are used for packing or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Hazardous Waste, or Household Hazardous Waste. 1.25 Special SpeciaLSeuice. Garbage and trash for elderly and disabled residential customer • certified by the city will be picked up at or behind the building line as opposed to being picked up at the curbside. Pick up location will be agreed to by customer and Contractor. 1.2 Take All Service. Provides for the collection of all items placed on the curb as long as the items are containerized in a can, in a bag, or in a box. Construction materials from repairs and remodeling along with brush and limbs must be containerized or tied in bundles not to exceed fifty (50) lbs. in weight or 4 ft. in length. Bulky items including stoves, furniture, water heaters, dishwashers, etc., when placed on the curb will be picked up on normal collection days. Stockade type fence panels must be cut into 4x6 sections or smaller and loose pickets or slats must be tied and bundled. Approved 4 -15 -97 10E-19 SECTION 2 SCOPE OF.REFUSE COLLECTION WORK 2.1 Disposal of Refuse. The Contractor agrees to dispose of, outside the corporate Limits of s he City. all brush, bulks 'Arise, and other refuse collected. The Contractor agrees to provide "Take All" Service, providing for collection of all items placed on the curb as long as properly containerized. Note that bulky waste may be placed curbside as part of this service, and does notneed to be containerized. All vehicles used by the Contractor for the collection and transportation of such brush, bulky waste, and other refuse shall be protected at all times while in transit to prevent leakage or the blowing or scattering of same onto the public streets of City or property adjacent thereto. 2.2 Erequency _of Residential Collection. The Contractor shall collect all residential refuse in bundles, boxed bundles or garbage containers not less that two (2) times per week, with collections at least three (3) days apart. No collections shall be made on Sunday. Any missed pick -ups will be picked up by the Contractor on the same day if they are called in before 2:00 p.m All refuse shall be placed at curbside for collection by 7:00 a.m. on the designated • collection day. Curbside refers to that portion of right -of -way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrian, unless the residential customer has been certified by the City for special service. Garbage and trash for residential - necial service customers shall be picked up at or behind the building line in a location agreed on by customer and Contractor as opposed to being picked up at the curbside for the regular monthly fee. When construction work is being performed in the right -of -way, Containers shall be placed as practicable to an access point for the collection vehicle. Contractor may decline to'0.l1e6t any Container not so placed. 2.3 Quantity. The Contractor shall be required to pick up all refuse and bulky wastes generated from a residential unit, provided that same is properly prepared, bagged, and stored forcollection. Rubbish or bulky wastes not containerized (which can be lifted and loaded by two (2) employees in no more than five minutes),, and large items such as furniture, hot water heaters, refrigerators and other appliances, shall -be collected by the Contractor within forty- eight(48) hours of receipt of a call from a residence. 2.4 Residential Refuse - Where. Collections of refuse shall be made from the curb provided the containers are freely accessible, with the bottom at ground level or on a platform not more than three (3) feet above ground. Containers stored below ground surface will not be picked up. Special service shall be provided to elderly and disabled customers who have been certified by the City. Garbage and trash for residential customers certified for special service will be picked up at or behind the building line as opposed to being picked up at the curbside for the regular monthly fee. 2.5ResidentialRefuse ow. The Contractor shall make collections with a minimum of ise and disturbance to the householder. This work shall be done in a sanitary manner. Any efuse or trash spilled by the Contractor shall be picked up immediately by the Contractor's Approved 4 -15 -97 1 OF -20 employees. CommezciaLRefuse. Every owner, agent, employee, or person otherwise in charge of any commercial, institutional, or industrial premises within the City (commercial customer) shall have a commercial container or containers of a size and frequency to insure the premises against flies, rodents. scavengers, unnecessary odor and to prohibit unsightly accumulation of refuse or fire hazards. Contractor agrees to make commercial containers of adequate size available upon request of any commercial premises within the corporate limits of City. The commercial containers provided by Contractor shall be equipped with suitable operable covers to prevent blowing, or scattering of refuse, shall be maintained in good order, appearance, and in sanitary condition, shall be of a uniform color scheme, and shall be clearly marked with the Contractor's name and telephone number. 2.7 Dead Animals. The City shall be responsible for the removal of all dead animals in the City. 2.8 Special Brush Collection. Special brush collection will be provided curbside, provided that these materials are containerized properly or tied in bundles. These items will not be collected if they exceed 4 ft. in length or fifty (50) lbs. in weight. 2.9 Householdliazardous_Waste. The Contractor shall not provide for collection of ha:Iktiold hazardous waste, but shall work with the City to identify suitable recycling sites for such materials and to provide for publicity of such sites to residential customers. The City ill evaluate options for collection and disposal of household hazardous waste, and may provide for this service under separate instrument. 2.10 Christmas Trees. During the Christmas season each year, the City shall provide a specific site within the City for the deposit of Christmas trees by residential customers. The Contractor shall provide a chipper at such location at no cost for the purpose of chipping the Christmas trees. The Contractor shall be allowed one week to chip the trees. The chip shall be left on the site if so desired by the City. SECTION 3 SCOPE OF RECYCLING WORK 3.1 Residential Recycling. The Contractor agrees to furnish all personnel, labor, equipment, trucks. containers, and all other items necessary to provide recyclable materials collection and delivery services for all residences and public schools in the City as provided herein. These services shall be provided at least once per week. 3.2 Collection Equipment. The Contractor shall provide an adequate number of specially designed vehicles for recycling collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. After notice from the y, the Contractor shall have thirty (30) days to correct any deficiencies in its collection ..hicles. Each vehicle shall have clearly visible on each side the identity and telephone Approved 4-15 -97 1 OF-2 1 number of the Contractor and a slogan depicting the recycling theme. .3 Recycling Containers. Contractor shall provide at its sole expense one (1) recycling container for each residential unit within the City. The recycling container shall remain the property of the Contractor for a period of five (5) years from the initiation of the recycling service. At the end of the five (5) year period, the recycling containers will become the property of the residents. If Contractor's services in the recycling program are discontinued prior to five (5) years from the initiation of the recycling service, the recycling containers shall be returned to the Contractor. The Contractor will be responsible for the collection of these bins and identifying which homes do not return recycling bins upon request. For recycling containers which are not returned to the Contractor, a charge per bin will be calculated on a depreciated book value basis. The book value for each unreturned container shall be calculated by utilizing a $6.00 initial cost value and the straight line depreciation method over a sixty (60) month life with a twenty-five percent (25%) remaining salvage value. During the initial term of this contract , if a recycling container in lost, stolen or destroyed, residents.may ; additional replacement containers from the Contractor for sixrdollars container However, there will be no charge for replacement of containers due to normal wear and tear. Recycling containers will be constructed, at least in part, of recycled plastic and will be sixteen (16) to twenty (20) gallons in volume. Containers shall clearly state the name of the Contractor and a slogan depicting the recycling theme. 3.4 R cyclable_Commo_dities. The Contractor shall collect and recycle the following commidities: 1. Newspapers. Dry newspaper, magazines and catalogs, along with slick and glossy inserts found in the newspaper. 2. Glass bottles, jars and containers. No mirrors, windows, or ceramics will be collected. 3. Cans for food, beverages, soft drinks, beer, etc. No scrap metal will be collected. 4. All plastic bottles with recycling symbols of #1, #2, #3, #4, #5 and #7 can be recycled. 5. Junk mail, cardboard and mixed household paper. This includes junk mail, envelopes, cereal boxes, cardboard, chipboard and any other household paper products. 6. Telephone books will be collected annually during redistribution period. These items may be placed in recycle bins curbside or deposited in special collection bins in the city during the specified redistribution period. In the event that the market prices for any one or all of the above commodities drops to the point that such materials can no longer be sold or processed. the City and the Contractor lay agree to remove that commodity from the list of items to be recycled and the Contractor will notify residents of same. Approved 4 -15 -97 1 0F -22 The City reserves the right to include additional materials, as such markets become 'ailable. 3.5 Location of Containers for Collection. Each container shall be placed at curbside for collection by 7:00 a.m. on the designated collection day, with the exception of those containers used by special Ser ice customers. 3.6 Separated__.C.ommodities. It is the intent under this Contract for the Contractor to collect certain source separated commodities to be recycled by a sub - contractor who has experience in the business of processing and sale of commodities. The Contractor will not be required to collect commodities which are mixed with garbage, trash and refuse normally collected by sanitation crews. The Contractor may notify the City of any such addresses where the residents are so commingling commodities and will notify the individual costumer that such commodities are unacceptable for collection. 3.7 Hauling. All commodities hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 3.8 Delitiery. All commodities collected for delivery and sale by the Contractor shall be delivered to a commodity buyer selected from time to time at the sole discretion of the Contractor. The charge for delivery to the commodity buyer shall be included in the rate for each residential unit serviced by the Contractor. 9 Notification. The Contractor shall notify all new residences about complaint procedures, sorting; preparing for collection, regulations, and day(s) for scheduled recyclable materials =collection. The Contractor shall also inform the public of any condition and form required of materials to be collected. The Contractor shall provide information for inclusion in the City's newsletter, cable programming, homepage, etc. as requested by the City. 3.10 Recycling Proreed5 . No later than the twenty-fifth (25th) of each month, the Contractor shall pay.to the.City $500.00 for usein,the promotion and education.of recycling in the City as determined by the City Council. Such payment shall be accompanied by a detailed statement indicating the weights of recycled materials collected in the city. 6:11 Rep In addition to the monthly reports required above, the Contractor shall be required to file quarterly and annual reports with the City. Monthly and quarterly reports shall include the following information: - Tonnage marketed, by materials - Participation rates by neighborhood - Discussion of problems and successful experiences in program operations Annual reports shall include the following information: - Summary of participation rates and recovered material amounts. - Summary of public awareness activities and their impact on participation and Approved 4 -15 -97 10F -23 recovered tons Summary of successes and problems and measures taken to resolve problems SECTION 4 SPECIAL PROVISIONS 4.1 Nonexclusiie PJghts. The Contractor shall be free to engage in work as a private scavenger or hauler and to charge the public for services other than as provided in this contract. Such scavenging or hauling by individuals on a non fee basis shall be permitted. 4.2 _Spillage. The Contractor shall not be responsible for scattered refuse unless the same has been caused by his acts or those of any of its employees, in which case all scattered refuse shall be picked up immediately by the Contractor. A fork, push broom, and a scoop type shovel shall be maintained on each truck for clean up activity. Contractor will not be required to clean up or collect loose refuse or spillage not caused by the acts of its employees, but may report the location of such conditions to the City Manager so that proper notice can be given to the customer at the premises to properly contain such refuse. Commercial refuse spillage or excess refuse shall be picked up by Contractor after the costumer reloads the containers. In the case of commercial customers, Contractor shall then be entitled to an extra collection charge for each reloading of a commercial container requiring an extra collection. Should such commercial spillage continue to occur, City shall require the commercial customer and "ontractor to increase the frequency of collection of the commercial customer's refuse or quire the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services. 4.3 Vicious Animals. Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse or recyclable materials collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of his inability to make collection. 4.4 City Facilities. The Contractor shall make no charge for collection and disposal of-waste at city owned, operated or other city designated sites, including city parks, so long as the same can be collected on a regular collection route of the Contractor. 4.5 Hazardous Waste /Household. lazardous Waste. It is specifically understood and agreed that the collection and disposal of hazardous waste /household hazardous waste by the Contractor is not authorized or governed by this contract and that the disposal of hazardous waste /household hazardous waste by the Contractor shall be in compliance with all federal, state and local laws and regulations. 4.6 DisasterAssistance. In the event that a disaster occurs within the city limits, Contractor agrees to assist the City, other governmental entities. and other disaster relief ganizations in the clean up of damaged or destroyed property. Contractor will provide equipment, personnel, and disposal at cost (time and materials) during normal operating hours Approved 4 -1S -97 1 0F -24 tossist-in clean up operations, to the extent such equipment and personnel are available. ■ntractor further agrees to make its equipment available for hire to persons or companies , eding disaster clean up assistance, to the extent that doing so would not unreasonably interfere with Contractor's normal business operations. Additionally, Contractor agrees to provide equipment, personnel, and disposal at cost (time and materials) to assist the City or other governre:aa emit :es in the removal of damaged or destroyed property which is causing an eminent threat of personal injury or property damage. SECTION 5 CONTRACTOR'S OPERATIONS 5.1 Hours of Operation. Collection of residential refuse or recyclable materials shall not start before 7:00 a.m. or continue after 6:00 p:m =on the same day. Exceptions to collection hours shall be effected only with the approval, in writing, of the City Manager. 5.2 Routes of Collection. Residential collection routes shall be established according to current City Routes. TheContrackubmit_a_malislasiatin g the collection routes and proposed days of col - ' • • 1- • r its a. . rov .. Contractor shall submit any changes in the rest•ential routes to the City Manager for approval. The Contractor may propose to the City Manager changes in routes or days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the , ffected residential units. 5.3 Holidays. The following shall be holidays for purposes of this contract: Thanksgiving Day Memorial Day Christmas Day Labor Day New Years Day Independence Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relieves the COf$idctor of its obligation t� provide refuse and recyclable materials collection service at residential units at least once per week. 5.4 Complaints and_Mon-Performance. Service complaints shall be handled in the following order: 5.4.1 Service Complaints _ Contractor. All service complaints shall initially be directed to the Contractor and shall be resolved by the end of the next business day. The Contractor shall supply copies of all complaints on a form approved by the City indicating. the disposition of ea.ch complaint The form shall indicate the day and hour on which the complaint was received .d resolved. Approved 4 -15 -97 10E-25 5.4.2 Service Complaints -City. The City shall notify the Contractor of each complaint sorted to the City. It shall be the duty of the Contractor to take whatever steps necessary to medy the cause of the complaint and notify the City of its disposition by the end of the next business day. The City shall provide a list of complaints to the Contractor by phone not later than 4:30 p.m. each day. 5.4.3. Damage - Private_Property. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer's claim of damage to private property resulting from action of Contractor's employees, agents, or sub - contractors. 5.4.4 Complaint Procedures . The Contractor shall provide the City with information regarding complaint proce ures, rules and regulations, and day(s) of collection, etc. Information is to be in the form of printed material distributed by the Contractor. 5.5 Equipment. The Contractor shall provide equipment which meets or exceeds the following: 5.5.1 Type. The Contractor shall use only vehicles with bodies which are water tight to a depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires. All equipment utilized by the Contractor shall be kept in good repair, appearance, and in a sanitary condition at all times. c .5.2 Am .unt. The Contractor shall provide sufficient equipment in a proper operating ndition so regular schedules and routes of collection can be maintained. 5.5.3 Condition. Equipment is to be maintained in a clean and safe working condition and shall be painted uniformly. No advertising shall be permitted on vehicles. Vehicles must have Contractors name in letters and numbers legible from 150 feet. The City shall have the right to inspect all equipment and may require the Contractor not to use a piece of equipment for good and reasonable cause. 5.5.4 Protection from Scattering. Each vehicle shall be equipped with a cover, which.may be net with mesh not greater than one and one -half (1 1/2) inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of refuse onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the landfill, and during loading operations or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is scattered from Contractor's vehicle for any reason, it shall be picked up immediately. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5.5.5 Miscellaneous. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant once a month. Also, they should be washed and painted or repainted as often as necessary to keep them in a 7:eat and sanitary condition. The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian Lraffic, and vehicles are not to be left standing on streets unattended except as made necessary Approved 4 -15 -97 1 OF -26 by loading operations. .6 Office. Contractor agrees, at its own expense, to keep an office open in the mid - cities area and provide a telephone answering service from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, for the purpose of handling complaints and other calls regarding refuse collection service. The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public and the office personnel shall have the authority to represent the Contractor in its relations with the City and the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after hours emergencies. The Contractor shall keep and maintain in the office a daillog of all the service calls which shall show the nature of the call, complaint or communication. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate in writing to the City Manager the name, telephone number, and address of such agent to whom all notices may be served by the City or complaints received from citizens of the City. Service upon the Contractor's agent shall always constitute service upon the Contractor. Contractor agrees to secure an annual listing in the Fort Worth telephone directory under the name by which it conducts business in the community. 5.7 DisposaLofRefuse. It shall be the responsibility of the Contractor to dispose of the refuse he collects according to City, County, State, and Federal regulation at his own expense. 8 Hazardous Weather. The City may cancel a portion of or all of a scheduled service day due to hazardous weather condition. 5.9 Records. The City shall have the right to review,the books and records kept incident to the operation of Contractor's business within the City. All information so obtained shall be confidential and shall not be released by the City unless expressly authorized in writing by the Contractor, or as required by law. SECTION 6 CONTRACTOR'S RELATION TO CITY 6.1 Go.ntractor as Independent Contractor. It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work, licenses, or privileges granted herein, notwithstanding the Contractor is bound to follow the direction of City officials, and that the Contractor is in no respect an officer, agent, servant, or employee of the City. This contract specifies the work to be done by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor. unless otherwise provided in this contract. It is further expressly understood and agreed that the City has no control over or right to control the collection, transportation or disposal of solute_ hy the Conrrarrnr nr where or how such solid waste is disposed of. It is further understood d agreed that Contractor shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, tcensees, and invitees; that the Approved 4 -15 -97 10F -27 doctrine of respondeat superior shall not apply as between the City and Contractor; and that thing herein shall be construed as creating a partnership or joint enterprise between City and ontractor. 6.2 Subletting Contract. This contract, or any portion thereof, shall not be sublet or _ssia:ed except . .zith the prior writ:en consent of :he City Council, which consent will not unreasonably withheld. No such consent will be construed as making the City a party of or to such subcontract , or subjecting the City to liability' of any kind to any subcontractor. No subletting or assignment shall. under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such subletting, the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of the Contractor. 6.3 City Manager to he Referee. To prevent misunderstanding and litigation, theCity Manager shall decide any and all questions may" arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the contract provisions, and the acceptable fulfillment of the contract on the part of the Contractor; and the City Manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory. The City Manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of this contract, and the findings and conclusions shall be final and binding on both - parties. If at any time during the life of this contract, performance of the Contractor does not eet the standards of the Contract, the Contractor, upon notification by the City, shall increase the forces, tools, or equipment as needed to properly perform the Contract. The failure of the City to give such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by this Contract. Contractor and City agree that the City Manager will be the final authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute regarding performance between the City, Contractor, and any customer. 6.4 Inspection of Work. The Contractor shall furnish the City Manager or his authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of this contract. The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall allow authorized representative of the City to make such inspections. 6.5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. 6.6 Taxes. The Contractor shall pay all Federal, State and local taxes including sales tax, social security, worker's compensation. unemployment insurance. andvalorem. and other required taxes which may be chargeable against labor, material. equipment, real estate. and her items necessary to and in performance of this contract. Approved 4 -15 -97 1 OF-28 6.7 City- not_Liable_for Delays. It is expressly understood and agreed that in no event shall City be liable or responsible to the Contractor or to any other person for any stoppage or Jay in the work herein provided for, by injunction or other legal or equitable proceedings brought against the Contractor. or from or on account of any delay from any cause over which the City has no control. 6.8 Licenses,_1?ermits.and_Fees. Contractor agrees to obtain and pay for all licenses, permits. certificates, inspections, and other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at his own expense, all disposal fees associated with the collection, removal, and disposal of refuse. 6.9 Terra of_Contract. The term of this contract shall be for a period of five (5) years beginning May 1, 1997 and ending April 30, 2002. 6.10 Renewal. This contract may be renewed under the same terms and conditions for an additional five (5) year period as provided herein. No later than orie hundred and twenty (120) days prior to the termination date, Contractor shall notify City of its election to terminate this Agreement or conversely, its election to renew this Agreement for another five (5) year period. Should Contractor elect to terminate, then this Agreement shall terminate and end on the termination date. In the event that Contractor fails to provide the City with any notice of renewal or termination no later than one hundred and twenty (120) days from the end of the term, then in such instance, such failure of notice shall be construed and understood as an 'section by the Contractor to renew the. contract for an additional five (5) year period. Should Contractor either elect or be deemed to have elected to renew this contract, the City shall then the Contractor no less than ninety (90) days from the end of the contract term of the City's election to terminate this contract. Should the City elect to terminate, then this contract shall terminate and end on the termination date. Should the City elect to renew the contract, then this contract shall be renewed for a period of five (5) years beginning on 2002. Should the City fail to notify Contractor of its intentions no less than said ninety (90) days from the end of the contract term, then this contract shall continue on a month to month basis under the same°erms and conditions until'tenewed or terminated by formal action of the Council. All notices shall be in writing and sent by certified mail, return receipt requested-to the parties at the addresses provided in Section 11.6 hereof. 6.11 Breach of Contract. It shall be the duty of the City manager and any officials of the City which he may designate to observe closely the refuse collection, disposal, recycling and salvage operations and if, in the opinion of the City Manager there has been a breach of contract, the City shall notify the Contractor, in writing, specifying the manner in which there has been a breach of contract. If within a period of seven (7) days, the Contractor has not eliminated the conditions considered to be a breach of contract, the City Manager shall notify the City Council and a hearing shall be set for a date within twenty (20) days of such notice. At that time, the City Council shall hear the Contractor and the city representatives and make a determination as to whether or not the city representatives and make a determination as to ‘chether or not there has been a breach of contract. and direct what further action shall he (en by the City, or the Contractor, as hereinafter provided. Approved 4 -15 -97 1 OF-29 6.12 Cancellation or_Annulment.of_Contract. If the Contractor fails to begin work at the ne specified, or fails to perform the work with sufficient number of workers and sufficient .id adequate equipment to insure the proper and substantial performance of said refuse and recyclable materials collection work, or performs unsuitable work, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting oni :, Acts of God, does not carry on :he . work as aforesaid or otherwise defaults under any other terms, conditions or obligations of this contract, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgement for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor fails to rectify such default within seven (7) days after the giving of such notice by the City, then the City may thereupon by ac tion of the City Council declare the contract canceled. Such cancellation of the contract shall not relieve the Contractor of liability for failure to faithfully perform this contract, and in case the expense incurred by services provided for in said contract shall exceed the sum which would have been payable under the contract, then Contractor shall be liable to the City in the amount of any such expense in excess of the per unit contract price. If the City should cancel or annul this contract under the foregoing provisions, then the City may, at its option, purchase all trucks, machinery, equipment, and tools used regularly by the Contractor in the performance of this contract and shall pay the Contractor the appraised valnethereof as of the time of such revocation and cancellation. Such appraised value shall be determined by a board of three (3) appraisers as follows: one appraiser shall be named by the c'ontractor, one appraiser shall be named by the City, and the two appraisers so named gether shall name a disinterested person as the third appraiser. Such :Board of Appraisers shall within thirty (30) days after their appointment, appraise such property and make a sworn statement showing their findings as to its value, furnishing a copy of such statement to the City and another copy to the Contractor. 6.13 Nondiscrimination Clause. The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. SECTION 7 QUALITY OF SERVICE 7.1 I. • . . • . • • • • us - • . The direction and supervision of refuse collection and disposal, recyclable materials eoll i [ iSposal ciel agppe„rauons alskinit eo ten ,�c�►„a� i fed nlsober pegOratt and the Contractor shall devote. sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foreman and workers employed by the Contractor shall be careful and competent. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be scheduled for a joint hearing upon receipt by the Contractor of a written request from the City Manager. The City shall specify reasons for the request. If warranted the City Manager. such employee shall t be assigned by the Contractor to the City. Approved 4 -15 -97 10F -30 7.2 Cooperation _oLContractor.Required. The Contractor VianzigipentaeMthiluniked immillineWERMIVissighLheittigt in every reasonable way in order to facilitate the . .ogress of the work contemplated under this contract. Contractor shall have at all times a competent and reliable representative available authorized to receive orders and act on behalf of Contractor. 7.2.1 C The Contractor shall assure that Contractor's employees 3e ublic •in-a_cau[3eg amhelpful and impartial manner. 7.2.2 Handling_oLPrivate Property - Gontractor's_Employees. Contractor's employees collecting refuse or recyclable materials will be required t Care shall be taken to prevent damage to property including shrubs, flowers, and other plants. SECTION 8 WORKING CONDITIONS 8.1 Employee Protection. The Contractor , hours, and all other applicable laws relating to the employment or protection of employees, or hereafter in effect. 8.2 Employees Salary_=_Contractor. The Contractor is required and hereby agrees by - ceptance of this contract to pay all employeelliiiiimananagelffid to d to abide by other requirements as established by tleiguill.1111111MOW, if applicable. 8.3 Compliance with Laws and Regulations. The Contractor hereby agrees to abide with all _ _ _�•._- .:.,- L _.'. � X4,4 c.i ,.53 G - �'.:JY,fiF the operations of Contractor under this contract. Any operations or activities of Contractor which are guidelines are outside the terms of this contract and shall be considered to be a breach of this contract. The Contractor shall indemnify and save harmless the City, all of its officers, representative, agents and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by Contractor, its officers, agents, servants, employees, licensees, invitees, or subcontractors. SECTION 9 INSURANCE AND INDEMNIFICATION 9.1 Minimum Insurance_ oierage. The Contractor at its own expense 0. nilifitararlieeti in force insurance as will protect him from claims, whether these claims arise as a result of the operations of Contractor, any subcontractor or by anyone for whose acts the Contractor may be liable. Minimum coverage shall be established as of commencement date for this contract in Approved 4 -15 -97 10F -31 the following amounts: Coverages Limits oLLiability Worker's Compensation Statutory Employer's Liability S 300,000 Bodily Injury Liability $1,000,000 each occurrence Except Automobile 52,000,000 aggregate Automobile Bodily Injury 51,000,000 each person Liability Automobile Property Damage $1,000,000 each occurrence Liability Property Damage Liability $1,000,000 each occurrence Except Automobile $2,000,000 aggregate Excess Liability Coverage $2,000,000 aggregate Further, any insurance coverages which are required by statute which are not expressly stated herein shall be maintained in accordance with statutory requirements. 9.2 Insurance. Before commencing any of the work under this contract, Contractor shall file with thigibasamammildilisipePThe insurance policies shall be issued by companies authorized to do business in the State of Texas. The City shall be shown as a named insured on all such insurance policies. Such insurance policies shall contain a provision that states coverages afforded under the policies The failure by Contractor to keep in full force and effect any insurance required by this contract shall be deemed a breach of this contract. Insurance coverage specified herein constitutes the minimum requirements and said requirements t Va�"lessei !ntiitthVita llty If Contractor under the terms of this Contract. Contractor shall procure and maintain, at its sole cost and expense, any additional kinds and amounts of insurance that in its own judgement may be necessary for proper protection in the prosecution of its work. 9.3 Indemnification. CONTRACTOR ASSU: IES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND AGREES TO FULLY DEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, .,ERV ANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, Approved 4 -15 -97 10E-32 DEMANDS, SLITS, JUDGEMENTS, ASSESSMENTS, COSTS, AND EXPENSES INCLUDING WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF fTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS ) FOR PROPERTY DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR I` CONNECTION WITH THE PERFORMANCE, ATTEMPTED PERFORMANCE OR NON PERFORMANCE OF THE WORK AND SERVICES DESCRIBED HEREUNDER OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE OR REFUSE UNDER THIS CONTRACT, INCLUDING THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, OR INtiITEES, IF ANY. IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF THE CONTRACTOR AND 'THE CITY, RESPONSIBILITY AND INDEMMTY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY PERSON OR ENTITY. CONTRACTOR SHALL LIKEWISE ASSUti1E ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FOR NY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OtiIISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, EXPENDED BY THE CITY IN ANY SUIT OR CLAIM AGAINST THE CONTRACTOR FOR SAME. SECTION 10 FEES 10.1 Charges. All residential and commercial rates shall be established annually and included in the City's Schedule of Fees. 10.2 Percentage Eee. City shall retain ten percent ( 10%) of the gross billings from all residential refuse and recycling collection and Contractor shall pay to City ten percent ('10 %) of`thetigross billings from all commercial refuse collection performed within the City, including regular collections and collections from extra hauls. 10.3 Billina_4 ._ Collections. The City will serve as billing and collection agent for sridtFnitt1 "billings. Commercial billings will be done by the contractor. Approved 4 -15 -97 1 0F -33 10.4 Payment_to the City . The Contractor will pay the commercial percentage fee to the 'ty oA o ho_utathe }Sll each month. 10.5 Payment to_ the Contractor. The City will pay the Contractor his portion of the monies billed for residential collection. less the retainage on or about the 15th of,each month. 10.6 Reports oLOperations. The City shall submit to the Contractor aAvrittetrttpOrtr ,sht wg:the,:number ofeomplaints received during the calendar month, a list of parties billed for collection, and the amounts billed bydivritkofreach month. 10.7 Modiflcation_ofRates. Contractor shall maintain such residential and commercial rates (Base Rates) as shown in Exhibit A until October 1, 1998. On each anniversary date (Rate Modification Date) thereafter, base rates may be modified by a combination of the percentage increase in operating costs for the most recent twelve (12) month period immediately preceding the Rate Modification Date, and increases in disposal costs. Contractor shall submit to City in writing its gagemallEMINEWOMmteftwousemstWRIMINIMP The base rate shall be divided into operations and disposal. Opetationsatqusdaitro of the base rate. Q4. _� • ;: = t • * MP of the base rate. Operations will be adjusted by the CPI for the most recent 12 month period, or 4%, whichever is less. Disposal will be adjusted by the average increase in disposal cost as represented in Exhibit B. D.8 Alternative Base Rate Modification. City may, at its discretion and upon recommendation by the City Manager, ' r the annual establishment of solid waste rate. Contractor agrees to provide all necessary information to prepare such reports, however, City shall give the Contractor atisseSslagessmingsgangh research. Any other cost increases including state, federal, and local fees, taxes or other additional disposal regulatory charges imposed on disposal since the last rate modification, and any expenditures required of Contractor solely because of federal, state or local law, rule regulation, ordinance order, permit or permit condition becoming effective since the last rate modification. If Contractor makes a request for increases above the amount calculated above, Contractor must provide sufficient data, including, but not limited to, audited financial statements. The City Council shall be the final authority in grant any and all rate increases. At no time will rate increase requests be deemed automatic. SECTION 11 `FORKING POLICIES 11.1 C.ommencement_o _Work. The Contractor must commence operations on the date and year agreed by the City 11.2 Assignm nt_ofCQntr-act _ and_ Disposal_QfProperty. The Contractor shall not assign this Approved 4-15 -97 10F -34 contract without the consent of the City, nor dispose of equipment used in the refuse and - .ycling collection and disposal operations without immediately substituting additional Jperty. 11.3 Operations_DuringDispute. In the event the City Council shall find that the Contractor has `ailed. or is failing to perform obligations under this contract, it shall be the duty of the City Council to enter into a formal finding of that fact upon the minutes and send a certified copy of such finding by registered or certified mail to the Contractor, or have the same delivered to the Contractor personally. In such event, the ContractorE Sh n l itli ayeF lion d 1 hts contract, and the Contractor shall cooperate to the extent necessary to enable the City to do so. The Contractor expressly recognizes the paramount right and duty of the City to provide adequate refuse and trash collections as necessary governmental functions, and further agrees, in consideration for the execution of this contract, that in the event the City shall invoke the provisions of the section the contractor will not seek injunctive relief in any court but will either negotiate with the City for an adjustment on the matters in dispute, or present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by the Contractor or by the City. 11.4 City Ordinances. Nothing contained in any ordinance of the City now in effect or hereafter adopted pertaining to the collection of refuse may in any way be construed to affect, - hange, modify, or otherwise alter the duties, responsibilities, and operation of the Contractor the performance of the terms of this contract. It is the intention hereof that the Contractor oe required to perform strictly the terms of this contract regardless of the effect or interpretation of any municipal ordinances which in any way relate to refuse. 11.5 Amendments. Amendments which are consistent with the purposes of this contract may be made with the mutual consent of the parties and in accordance with the City Charter and other applicable laws and ordinances. 11.6 Notices. All notices required or permitted to be sent pursuant to this contract shall be sufficient if personally delivered or sent by U. S. Mail, Certified Return Receipt Requested, to the following individuals at the address noted: If to the City: City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Manager If to the Contractor: Laidlaw Waste Systems. Inc. 6100 Elliott Reeder Road Fort Worth, Texas 76117 Attention: Doug Rivers Approved 4 -15 -97 10F -35 Notices shall be effective upon receipt at the address of the addressee. Either party may Inge its address for notice by giving prior written notice to the other party. 11.7 Venue. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 11.8 Governmental Powers. It is understood and agreed that by execution of this contract, City does not waive or surrender any of its governmental powers. EXECUTED this day of , 19 97 , in Tarrant County, Texas. CITY OF SOUTHLAKE G f By: V • ' ` Cu I l i firwk, City Manager ATTEST: T 140 # _41U14tA/44A4elg City Secretary LAIDLAW WASTE SYSTEMS INC. B . Joseph Noorlag, Market Gene al Manager ATTEST: Corporate Secretary Approved 4 -15 -97 1 OF -36 LAIDLAW WASTE SYSTEMS FRANCHISED CITY RATES CITY OF SOUTHLAKE COMMERCLAL FRONT -LOAD RATES PICKUPS PER WEEK Si ;1X -iX s X :.: :. :3x < &x . BRA,. < . YD 40.01 63.33 86.66 110.00 132.21 155.55 20.00 48 : 49.99 83.33 117.77 151.11 185.56 218.89 24.44 --.. < <> : f 14: i 61.11 101.11 142.72 182.23 223.34 263.34 28.89 TAY 93.33 135.55 188.86 243.33 297.78 351.11 33.33 .1: >:< B:;:YB: >;::: 105.55 173.33 241.11 307.78 375.55 443.33 38.89 COMMERCIAL ROLLOFF RATES '1 YPE DELIVERY c R - Oh`'''`: i xt < .to : > as y .a ♦ y ... gam i ;..... FER inkw 20 YD OPEN 70.00 3.00 118.51 102.20 220.71 2oo.o0 25 YD OPEN 70.00 3.00 118.51 127.75 246.26 200.00 30 YD OPEN 70.00 3.00 118.51 153.30 271.81 200.00 ! 35 YD OPEN 70.00 3.00 118.51 178.85 297.36 200.00 40 YD OPEN 70.00 3.00 .. 118.51 204.40 322.91 200.00 28 YD COMP NEGO NEGO 118.51 164.92 283.43 NEGO 30 YD COMP NEGO NEGO 118.51 176.70 295.21 NEGO 35 YD COMP NEGO NEGO 118.51 206.15 324.66 NEGO 40 YD COMP NEGO NEGO 118.51 235.60 354.11 NEGO 42 YD COMP NEGO NEGO 118.51 , 247.38 365.89 NEGO FRANCHISE FEE PERCENTAGE 10.00% 10.00% LOOSE COMP DISPOSAL RATE PER YARD 54.60 55.30 FRANCHISE FEE MARKUP 50.51 50.59 TOTAL COST PER YARD S5.11 55.89 COMMERCIAL HANDLOAD 2 TIMES PER WEEK as S16.22 PER MONTH CASTERS 510.00 /MONTH LOCKS 51.00 /PER LIFT RESIDENTIAL CURBSIDE W/O RECYCLING 56.45 /MONTH RESIDENTIAL CURBSIDE W/ RECYCLING 58.45 /MONTH RESIDENTIAL BACK DOOR SERVICE /MONTH EFFECTIVE DATE 5/1/97 CITY HALL PHONE # 817 / 481 -5581 1OF -37 Exhibit B Selected Landfill List City of Southlake Contract 1- May -97 Landfills Compacted Rate Waste Management DFW $6.65 Sanifill Crow Landfill $4.85 Waste Management Westside $6.45 City of Farmers Branch $5.02 Laidlaw Turkey Creek $5.00 ' $5.59 • southlake.xls/appendixB/4/10/97 1 0F -38 Residential Rate Study City Garbage Rate Recycling Rate Total Contractor Allen 7.68 2.85 10.53 Commercial Waste Disposal Bedford 6.98 1.59 8.57 Trinity Waste Management Carrollton 9.87 1.88 11.75 Camelot Landfill Coppell 10.85* 10.85 Texas Waste Management Denton 13.00 no service 13.00 City Euless 6.65 1.60 8.25 Trinity Waste Management Flower Mound 9.66* 9.66 BFI Grapevine 7.93 1.79 9.72 Trinity Waste Management Hurst 7.21 1.67 8.88 Trinity Waste Management Irving 16.25 1.00 17.25 City Keller 7.42 2.07 9.49 Trinity Waste Management Lewisville 9.74* 9.74 Texas Waste Management Mesquite 9.50* 9.50 Trinity Waste Management North Richland Hills 6.75 1.69 8.44 Trinity Waste Management Plano 10.95* 10.95 City Richardson 12.28* 12.28 _ City *This price includes both garbage and recycling. City does not break down price. 1OF -39 Commercial Rate Study Coppell Franchise Fee = 15.00% Container Size Frequency per week 1 2 3 4 5 6 Extra 2 YD N/A N/A N/A N/A N/A N/A N/A 3 YD $ 70.95 $ 117.55 $ 156.70 $ 199.19 $ 243.49 $ 288.37 $ 23.51 4 YD $ 87.08 $ 169.82 $ 232.85 $ 300.15 $ 363.61 $ 436.36 $ 31.92 6 YD $ 105.87 $ 181.09 $ 260.91 $ 338.41 $ 407.81 $ 481.45 $ 33.96 8 YD $ 134.12 _ $ 228.73 $ 322.39 $ 409.08 $ 501.42 $ 593.99 $ 45.60 Denton Franchise Fee = N/A Container Size Frequency per week 1 2 3 4 5 6 Extra 2 YD $ 32.15 $ 64.20 $ 96.25 $ 128.40 $ 160.45 $ 192.55 N/A 3 YD $ 38.00 $ 76.00 $ 114.00 $ 152.00 $ 190.00 $ 228.00 N/A 4 YD $ 43.40 $ 86.80 $ 130.15 $ 173.50 $ 217.00 $ 260.30 N/A 6 YD $ 54.65 $ 109.30 $ 164.00 $ 218.65 $ 273.30 $ 328.00 N/A 8 YD $ 66.20 $ 132.40 $ 198.60 $ 264.75 $ 330.95 $ 397.15 N/A Grapevine Franchise Fee = 12.00% Container Size Frequency per week 1 2 3 4 5 6 Extra 2 YD $ 52.42 $ 88.35 $ 118.34 $ 166.40 $ 216.04 $ 249.89 $ 17.92 3 YD $ 59.59 $ 98.39 $ 141.17 $ 187.80 $ 235.80 $ 267.54 $ 20.48 4 YD $ 75.63 $ 121.54 $ 170.09 $ 216.70 $ 264.44 $ 289.36 $ 23.05 6 YD $ 89.97 $ 151.75 $ 213.15 $ 274.12 $ 343.72 $ 397.97 $ 25.60 8 YD $ 112.11 $ 189.35 _ $ 271.00 $ 346.32 $ 422.95 $ 481.96 $ 28.16 Irving Franchise Fee = N/A Container Size Frequency per week 1 2 3 4 5 6 Extra 2 YD N/A N/A N/A N/A N/A N/A N/A 3 YD N/A N/A N/A N/A N/A N/A N/A 4 YD N/A $ 156.00 $ 234.00 $ 311.00 $ 389.00 N/A $ 18.00 6 YD N/A $ 176.00 $ 265.00 $ 353.00 $ 441.00 N/A $ 20.00 8 YD N/A $ 197.00 $ 295.00 $ 394.00 $ 492.00 N/A $ 23.00 1 OF -40 Prima Facie Offense: Playing or use of any sound producing or amplifying device, speaker, radio, tape player, compact disc player, loud speaker, or electronic "boom - box "or other similar instrument, including a musical instrument, in such a manner or in such loud volume or intensity, at any time or place, so as to disturb, destroy, or endanger the peace, comfort, repose, or rest of persons or ordinary sensibilities beyond the immediate vicinity of the noise or disturbance, or in such a manner that the sound is clearly audible or generates perceptible base tone vibrations more than fifty feet (50') from a vehicle, or when such noise exceeds the dBA levels shown in Table 1. Exclusion: Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad licensed by the city or for use in emergency rescue or any railroad governed by federal law. Exclusion: Any activity of a temporary duration for which a license or permit has been granted by the city, state or federal government, including, but not limited to ice cream and snow cone vehicle vendors. Noise Level Enforcement: (Place as item Section 11 -61 (d)) For the purposes of enforcement monitoring, readings are to be taken with a sound level meter instrument capable of sound level measurements over a range of 40 to 140 dB meeting the requirements of the American National Standards Institute (ANSI) Standard Specificaion for a Type S2A general purpose sound level meter or better. Such measurements are intended to be taken on typical single incident noise from activity at the noise source that is reasonably representative of the customary and normal use for the property and from which the noise generates. Southlake Noise Ordinance Research of Actual Sound Tests — August, 2000 Type District "dB" Impact on Impact on new day original day standard of standard of 55 dB 60 dB Residential Southbend Tr. 52 -58 dB Exceed +3 Ok Westmont Dr. 52 -56 dB Exceed +1 Ok La Paloma Ct. 53 -55 dB Ok Ok Versailles Ct. 50 -52 dB Ok Ok Timarron Club Hs 56 -58 Exceed +3 Ok Bent Trail Cr. 50 -52 Ok Ok Timber Lake Dr. 56 -58 Exceed +3 Ok Comm to Resid Enterprise Place 64 -66 dB Exceeds +11 Exceeds +6 JIL Cabinets 62 dB Exceeds + 7 Exceeds +2 Albertsons 50 -52 dB Ok Ok Comm to Comm Home Depot 64 -69 dB Exceeds + 4 Ok JIL Cabinets 60 -66 dB Exceeds +1 Ok Car Washes Texaco — (comm) 64 -68 Exceeds + 3 Ok Davis @ Rndl M1 Without dryer Texaco — (comm) 68 -70 Exceeds + 9 Ok Davis @ Rndl Ml With dryer Texaco — (comm) 64 -67 Exceeds +2 Ok 1709 @ Wt Chpl Without dryer Texaco — (comm) 68 -69 Exceeds +4 Ok 1709 @ Wt Chpl With dryer Davis Car Wash 68 -70 Exceeds +5 Ok Cont. @ Davis With dryer Scooters 70 -72 Exceeds +7 Exceeds +2 114 @ Kimball With dryer Tetco — (res) 58 Exceeds + 3 Ok Peytonville /1709 Note: Two readings taken on swimming pool pumps and air conditioner units at the property lines. Readings were 50 -52 on both, which exceeds the nighttime maximum of 47dB allowed.