MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH RIVER CITY CITIZENS NEIGHBORHOOD ASSOCIATION AND WAL-MART

 

I. Overall Agreement Structure and Statements of Purpose

 

In exchange for the South River City Citizens Neighborhood Association (SRCC)’s endorsement of the zoning change of the site in question near Ben White and IH35 regarding a proposed Wal-Mart (hereinafter site in question), Wal-Mart agrees to alter the site plans for the site in question and comply with such site plans in accordance with the conditions and procedures further described in this Memorandum of Understanding (hereinafter Memo), including attached letters, exhibits, site plans and elevations. SRCC agrees to work with Wal-Mart as described in this Memo, and to provide reasonable political support and assistance with processing the related permits and approvals through the City process for this Wal-Mart construction to implement the terms of this Memo by making available an officer of or spokesperson for the SRCC to represent the SRCC during such process.

    1. Exhibit A: Mr. Suttle’s 12/3/03 letter to SRCC
    2. Exhibit B: The new draft site with infiltration controls
    3. Exhibit C: 12/3/03 draft elevation
    4. Statement of SRCC: SRCC would like to thank Wal-Mart for coming to this agreement and submitting changes to their original site plan that, according to the SRCC engineers, will infiltrate storm water that would otherwise be discharged from the site to preserve some or all of the Blunn Creek base flow that currently originates from this site. But Wal-Mart should also recognize that the SRCC community is a diverse one, with good people of diverse opinions, some of who are still shocked that we had to expend so much energy simply to save Blunn Creek. Supporters of this agreement not only look forward to the future relationship with this Wal-Mart to enhance this community watershed partnership, but also in building the understanding that rivers are saved one creek watershed at a time.

      Statement of Wal-Mart: Wal-Mart would like to thank SRCC for engaging in the discussion which has led to this agreement and SRCC’s endorsement of the zoning change and site plan for the Wal-Mart on Ben White Boulevard. From the start, Wal-Mart was committed to meeting the City’s standards for development on its site. These City standards reflect the City’s policy of protecting the watersheds in our community and Wal-Mart was prepared to fully comply with them, thereby fulfilling the City’s policy of protection of Blunn Creek. However, at the request of SRCC, Wal-Mart is willing to voluntarily alter its plans according to the attachments to address the alleged concerns raised by SRCC’s engineer (Glenrose Engineering and Lauren Ross) with respect to Blunn Creek. Wal-Mart also looks forward to a continuing relationship with SRCC throughout the construction and operation of the Wal-Mart Supercenter on Ben White Boulevard.

      II.

      Wal-Mart anticipates closing on (i.e. finalizing the purchase of) the site in question upon securing necessary permits for construction and operation of the Wal-Mart. It is anticipated that the City Council will approve the zoning change on December 11, 2003. It is anticipated that subdivision and site plan and building permit will be approved by about March 1, 2004. It is anticipated that closing will occur within 10 days of the issuance of the building permit.

      III.

      Within 10 days of closing, Wal-Mart will draft and file a public restrictive covenant, to be approved by SRCC, between Wal-Mart and the City of Austin incorporating the above in Number 1 and appropriate sections of this agreement (including Exhibits A, B and C).

      IV.

      In addition, Wal-Mart would like to ensure the recognition of its special relationship with SRCC, the land and community in and around the site in question by the following commitments:

      a. In addition, to the normal and customary expenses incurred for processing approvals through the City of Austin, Wal-Mart has voluntarily incurred additional expenses in reviewing and responding to SRCC’s concerns. Wal-Mart also recognizes that SRCC has incurred some expenses in the development of this agreement. At SRCC’s request, Wal-Mart has agreed to reimburse SRCC $25,000 for its expenses incurred, or that are expected to be incurred regarding issues related to the above SRCC Statement. It is anticipated that SRCC will deposit the funds in its existing non-profit account, or similar account. Wal-Mart will make such $25,0000 reimbursement contribution within 10 days of the closing referenced above.

      b. Upon the Grand Opening of the Wal-Mart at the site in question, Wal-Mart’s Ben White store manager will evaluate the present relationship with SRCC to anticipate how it may best cooperate with the community to enhance Wal-Mart’s relationship with the community and the surrounding watersheds. SRCC will assist in this effort.

    5. Performance Issues: The SRCC and Wal-Mart will continue discussions on criteria to ensure that the construction and operation of facility on the site in question ensure compliance with the standards of this agreement. The Site Plan shall be substantially consistent with this agreement and as shown in the attached exhibit. As referenced in the December 3, 2003 attached letter, the City of Austin will have the right for reasonable access to the storm water facilities on the site in question. In addition:
      1. Wal-Mart will allow SRCC’s engineer (or designated inspector) access for inspection of the temporary and permanent control measures installed to control stormwater runoff during the construction activities.
      2. Wal-Mart will present a maintenance plan for the permanent storm water control system that SRCC can review and comment on.
      3. Wal-Mart will designate a construction site manager who has the authority to confer with SRCC and respond to their site plan compliance requests.
      4. Wal-Mart will allow an SRCC representative access for inspection of the permanent storm water controls. The intent of SRCC’s inspection is to satisfy the neighborhood that the permanent stormwater controls have been installed according to the approved site plan. Wal-Mart will review and respond to any requests for action made by SRCC’s engineer (or designated inspector).

 

V.

In addition, although Wal-Mart voluntarily agreed to a majority of SRCC’s requests, Wal-Mart and SRCC recognize that some of the issues that have been a part of the negotiating process have not been agreed to by Wal-Mart, and an inventory of the issues still remaining is listed on Attachment D. Wal-Mart and SRCC remain committed to a continuing dialogue into the future about issues that will enhance each other’s value in a community dialogue, especially as it may be applied to the living Blunn Creek Watershed.

 

 

 

 

_____________________________________

Wal-Mart Representative

 

______________________________________

  1. Tim Mahoney, President, South River City Citizens, Ad Hoc SRCC Committee Member
  2. ______________________________________
  3. Sherri Ancipink, Vice-President, South River City Citizens, Ad Hoc SRCC Committee Member
  4. ______________________________________
  5. Kenny Hilbig, Secretary, South River City Citizens, Ad Hoc SRCC Committee Member
  6. ______________________________________
  7. Jean Mather, Treasurer, South River City Citizens, Ad Hoc SRCC Committee Member

 

______________________________________

(5) Rene Barrera, South River City Citizens, Ad Hoc SRCC Committee Member

 

______________________________________

(6) Jeff Kessell, South River City Citizens, Ad Hoc SRCC Committee Member

 

 

EXHIBIT A: Richard Suttle’s 12/3/03 letter to SRCC

 

 

EXHIBIT B: The new site with infiltration controls

 

 

EXHIBIT C: 12/3/03 draft elevation

 

 

EXHIBIT D: List of issues still to be decided

  1. Pervious pavement
  2. Concrete (non-asphalt) pavement
  3. Additional list/inventory

 

 

 

EXHIBIT E: Supplemental Agreement