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August 17, 2010 Agenda
AGENDA CITY OF DENTON CITY COUNCIL August 17, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 17, 2010 at 3:00 p.m. in the City Hall Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Requests for clarification of agenda items listed on the agenda for August 17, 2010. 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181. (D('A10-0006) 3. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv- 00173 and subsequent claims and provide direction to the city's attorneys regarding same. 2. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction. City of Denton City Council Agenda August 17, 2010 Page 2 3. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding a request for an economic development incentive for Grand Mesa, LLC for a portion of the Granite Point development located on I- 35W south of Airport Road. 3 B. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Deliberate the offer of a financial or other incentive to Sykes-Vaughan Investments, LLC, a business prospect that the City of Denton seeks to have locate, stay, or expand in or near the Denton Municipal Airport. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION-). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. The City Council will attend a reception for Board and Commission members on Tuesday, August 17, 2010 at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council will convene in the Council Chambers at 6:00 p.m. at which time the following items will be considered: 1. Consider approval of a resolution of appreciation for retiring Board/Commission members. 2. Oath of Office for New and Continuing Board Members. City of Denton City Council Agenda August 17, 2010 Page 3 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - G). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - G below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval. B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). City of Denton City Council Agenda August 17, 2010 Page 4 C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education). D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHi11, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof, providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0). E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95). F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009- 323 dated December 15, 2009 between the City of Denton, Texas and Sykes- Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal Airport for lease of aircraft ramp space; and providing an effective date. The Airport Advisory Board recommends approval (7-0). City of Denton City Council Agenda August 17, 2010 Page 5 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date (DCA10-0000. The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development Code, relating to gas well drilling and production, definitions, and procedures, as previously amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and effective date. (D('A10-0006). The Planning and Zoning Commission recommends approval (5-0). C. Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date. (SI10-0001). The Planning and Zoning Commission recommends approval (6-0) with conditions. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7 and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. (Required only if tax rate is proposed to exceed the effective tax rate.) B. Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately 3/4 mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; City of Denton City Council Agenda August 17, 2010 Page 6 and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). D. Consider appointments to the following boards and commissions: 1. Human Services Advisory Committee 2. Library Board 3. Zoning Board of Adjustment 4. Texas Municipal Power Agency Board E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jennifer Lane regarding a bad experience with the justice system. B. Josh Butler regarding Denton Public Access Television. C. Dale Branum regarding Denton Public Access Television. D. Theresa Westbrook regarding Denton Public Access Television. E. Donna F. Woodfork regarding Denton Public Access Television. F. John Paul Eddy regarding Denton Public Access Television. F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda August 17, 2010 Page 7 G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Planning and Development ACM: Freed Greene SUBJECT -DCA10-0006 (Gas Well Ordinance) Receive a report, hold a discussion, and give staff direction concerning: (1) Proposed amendment to Subchapter 3 of the Denton Development Code regarding the Zoning Board of Adjustment; (2) Proposed amendment to Subchapter 16 of the DDC regarding gas well development platting; (3) Proposed amendments to Subchapter 22 of the DDC regarding gas well drilling and production; (4) Proposed amendment to Subchapter 23 of the Denton Development Code regarding definitions, as amended by Ord. No. 2010-181; providing for severability, and providing an effective date (DCA10-0006). The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND On July 20, 2010, the Denton City Council adopted several amendments to subchapters 3, 16, 22, and 23 of the DDC relating to gas well drilling and production within the City limits, and gas well platting within the City's Extraterritorial Jurisdiction (ETJ) via Ordinance 2010-181. During the public hearing phase, several concerns were presented by both area residents and representatives of the gas well industry who were present. Staff also received input via several emails. As a result of the concerns that were raised, staff has conducted further review of Ordinance 2010-181 and has made several amendments to the ordinance to address the concerns that were expressed, eliminate potential ambiguous language, and to provide further clarity relative to the spirit and intent of the ordinance. The amendments are as follow: 1. 35.16.19.E - deleted language pertaining to annual inspections and the collection of fees in the ETJ. Staff is conducting further review of a municipality's enforcement authority with its ETJ; 2. 35.22.2 - added language to the definition of "Drilling and Production Area;" 3. 35.22.3 A - added language to allow gas well drilling and production "by right" for property within the City that is unzoned, but are subject to the Rural Residential 5 (RD-5) use regulations; 4. 35.22.3.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district; 5. 35.22.4.G - Added language to address issues of legal non-conformity; 1 6. 35.22.5. - corrected alpha-numeric sequencing and revised language to add clarity regarding separation standards; 7. 35.22.5.A.2.n - revise language to tie screening requirement to the sequencing requirements under 35.22.4, and to further clarify when screening is required; 8. 35.5.A.6.p - deleted this language as it could create potential conflicts with other requirements in the code; 9. 35.22.5.D - corrected alpha-numeric sequencing and added language to establish the City's authority to abate nuisances within 5,000 feet of the City limits in accordance with Texas Local Government Code §217.042; 10. 35.22.6.D - deleted second sentence because it did not fall under the heading of "Criteria for Approval;" 11. 35.22.10.1 - revised language to provide delineation between the issuance of permits by the City and the Texas Rail Road Commission. 12. 35.22.13 - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district, and to improve readability. On August 11, 2010, the Planning and Zoning Commission conducted a public hearing on the proposed amendments, and recommended approval, contingent upon two (2) modifications. The Modifications apply to the following: 1. 35.22.5.A.l.f - Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area: and 2. 35.22.5.C - The following standards apply to gas well drilling and production in the City limits. and within fi~,,e thettsand feet (5,0002) etitside t4e City limits, ptir-stiant te DISCUSSION The following is a marked-up version of the above mentioned DDC amendments. Deleted text is identified with *_r~'_-~ while new text is identified with red font/underline. 35.16.19.E.5 - Expiration of Gas Well Development Plat If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. Adminis~r-4ian Fee. 2 35.22.2 - Definition Drilling and Production Area (AKA Gas Well Park, Gas Well Pad,Site). The area dedicated to all gas well drilling and production activities, including the drill site, all strictures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the Gas Well Development Plat or Gas Well Development Site Plan. 35.22.3 - Zoning District Classification for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential 5 (RD-5) or within any unzoned area of the City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance with the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or- throughapproval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a planned develapmen+ (Pr" dis*r- e* P4- ^r Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 - Required Authorization for Gas Well Drilling and Production in the City Limits A. No gas well drilling or production activities may he commenced within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district (NVC-); G. Legal lion-Conformity Provision 1. The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35-3 35-16 35-22 and 35-23 do not apply to applications for permits for gas well drilling and production if, on the effective date of such ordinance (August 4, 2010), the following circumstances existed: a. For Gas Well Development Plats and associated Watershed Protection Permits a complete application for a Gas Well Development Plat, together with any re aired Watershed Protection Permit application, was pending for decision on August 4, 2010, or the area to be platted was the subject of an approved SUP, detailed plan within a PD district, or site-specific authorization within a MPC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities previously have commenced for another- gas well subject to the approved Gas Well Development Plat that is located within one thousand feet (1,000') of the proposed gas well site, provided that the application is subject to all gas well drilling and production standards in effect immediately prior- to such date. 2. For Gas Well Permits other- than those described in subsection 1(b), if a complete application for a Gas Well Permit was pending on the effective date of ®rd. No. 2010- 181, the application is not subject to the separation standards prescribed in section 35.215.A.1, as amended by such ordinance, provided that the application is subject to all ,,as well drilling and production separation standards in effect immediately prior- to such date. 35.22.5 - Minimum Separation Standard. C. The drilling and production of gas wells within the City limits Or- the G4Y's P'T'T shall be subject to the iti following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other uses, habitable structures €ees other than those listed in 35.22.5.A.l.a, shall be five hundred feet (500'). c. The minimum separation requirement established in 35.22.5.A.l.a above may be reduced via the granting of a variance by the Zoning Board of Adjustment. Except that the Zoning Board of Adjustment shall not reduce the minimum separation distance any less than five hundred feet (500'). f. Notwithstanding any other- provision of this subsection, a subdivision, a residence of a habitable structure may be located within two hundred fifty feet (250') of an a rip owed drilling and production area, provided that such subdivision, residence of habitable structure is served by a public water- supper 4 35.22.5.A.2 - Screening Requirements n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures, or within five hundred feet (500') of all other tises, feattirhabitable structures other than those listed in 35.22.5.A. La, and not within a floodplain, shall be screened f+effi stie le*s or f attires with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use ft-se-, habitable structures, or platted lot er- lets e preexisted the ee eneemen~ of gas elldr-illing approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.6.p No gas well PeFM4 will be issued for- afty well wher-e ~he eeft~er- of ~he well at ~he stir-faee of ~hem gr-etind is leea+ed within ene thettsand feet (1,0002) ef an &iisting f+esh wa+er- well ift~eftded fe, d st4 35.22.5.D - Noise Management Standards The following standards apply to gas well drilling and production in the 11-41y aftA 4ve thousand, ."l-e+ 'Z Mn'~ 1 -7 t)42 of the T-e-Eas Loeal Outside the 11-4Y F". J . 4. If the ambient noise level that was established and submitted to the City in accordance with 35.22.5.13.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.22.5.D.5 below. 35.22.6-Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production s4e area, and the area shall not be greater than five (5) acres in size. Dr-illifig All standards in section 35.22.5 shall be met.-and Aall conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 2. The following standards apply to an application for a Watershed Protection Permit: a. For land inside the City, all conditions imposed by any applicable Specific Use Permit or a Planned Development District for the land subject to the Watershed Protection Permit. b. Standards in Subsection 35.22.5.(A).6 and 35.22.5.(A).8. 5 35.22.10 - Review of Permits for Gas Well Drilling and Production A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1, a Specific Use Permit , where required, a Detailed Plan in a Planned Development (PD) district, or a site-specific authorization in a Master Planned Community (MPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Develo np ient Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Well Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. whether the appliention ineludes all of the infer-mation required by this ; 2. whether the application is in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days tifiless he de+er- ilges or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Planned Detailed Plan in a Planned Development (PD) district, or site specific authorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 - Expiration of Gas Well Permit 4. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 5. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved s4e and drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 6 35.22.13 - Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Planned Developmnn* eiiii g Piss r-ie+ Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Communitv ( C) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Developmnn* Gas Well Development Site Plan, applicable Specific Use Permit or met Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Communitv (MPC) district, then the Fire Marshal shall approve the amendment within this (30) days after the application is filed. In addition I,f to -za za if I f-, L-- the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. EXHIBIT 1. Marked-Up Version of applicable sections of Ordinance 2010-181 2. Ordinance OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item Prepared and Respectfully submitted by: Mark Cunningham, AICP, CPM Director of Planning and Development 7 Exhibit 1- Marked-up Version Citation Proposed Ordinance 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. , DDC 35.22.2 Drilling and Production Area (41v'4 Gas 11"ell Pane, Gas lI'ell Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank batter--, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the G,r, Well Development Plat or Gas Well Develsl-)ment Site Plus. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or withuk ;un- unzoned ,u`ea of the Citt drat is subject to the use reUulaaions of the RD-5 District, Rural Commercial (RC), Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance Nvit h the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or t ron~lk sminroval of a Det;uled Pl;uk in a Plunked Develol)ment (PDl distict, or site-specific authorization in Master Planned Community (NIPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200' of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may 49,e commence4 within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., annrovd of aof ,r Det;aled Pl;uk In a Plunked Development (PD) district, or site-specific auflhorization in a 7~ Master Planned Community kj\IPC district ~planned 6. Leal Non-Conformity Provision L The amendments to the st;uxlurds, and procedures, enacted by Ord. No. 2010-181 pertaukukg to chu=cs in Denton Develspment Code Subchsrl'ters 35-3, 35-16. 35-22 ukd 35-23 do not ~ni~ 1y tcs ;r ~lic,rtions for i~ekrnits for grs well dkillukg ukd roduction if on the effectiVe d,rte of such ordin;ukce (AuUust 4 20101, the follwvinU circumst;ukces existed: a. For Gas Well Development Plats ;ukd a,sociated V atershed Protection permit, a complete a jic raion for a Gas Well Development Plat, to ether with ;un- required V atershed Protection permit a»phcrtion, was »enduig for decision on such date, or the ,u`ea to be Matted was the subject of ;uk ,tnoroved SUP, det;tiled plsm witkuk a PD district, or sire-specific authorization witkuk a '\IPC district for o;as well drilling ukd production that was still in effect on August 4 20100 i)rovided that the sr~~licrtion is subject to all gas well drilling and production st;uxlurds, uk effect unme&ttely prior to such date. b. For Gas, Well Permits, the a~-)j-)hc raion for the Gas Well permit is subject to a Gas Well Development Plat th,rt identifies the well site, the Plat was approved 1)rior to August j, 1 2010. uid ~2 well dri11u1g and production activities previously have commenced for another gas well subiect to the a )roved cats Well Deveh)pment Plat thstt is located within one thousand feet (1.000') of the proposed gas well site. orovided that the stpphcrtion is subject to all Uas well drilhnU uid production st;uxlurds in effect immediately prior to such date. 2 For Gas, Well Permits other thus those described uh subsection 1.b.. if a complete stpphcrtion for a Gas Well Permit was Pend on august 4 2 101 the ag)j)hccttion is not subject to the sepsuation stuxlsuxls prescribed "*I section .5.22.5. A.1, as amended orduhuhce 2010-181,-~)rovided that the anohcation is subject to all gas well drilluic u c production sepumation stuxlu ds uh effect unme&ttely prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits City's or- the shall be sul--j to the inelude the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance bet-,veen a gas drilling or production sure. and all other used habitable structures, features other than those listed in 35.223. A.La, shall be five hundred feet (500'). d. In lieu of 35.223. ~.Lc above, the standards established in 35.223. A.La and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than t-,vo hundred and fifty feet (250'), via the notarized waiver. f. Notwidhstuhding uhv other provision of this subsection, a Protected Use or lot withuh a previously platted residential subdivision where one (1) or more lots have one (1)-()r more habitable stnuchues may be located as close as two hundred fi&y feet (250') of a pre-esistuhg drillmc, uj 1 production ,ure,r,4)rovided that the lots or Protected tTse is not serN-ed by a freshwater well that is located widhuh one thous;uhd feet (1,000') of the drilling and production area. 2 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more hstbuttble structures, or within five hundred feet (500') of all other --sew habitable structures, other than those listed in 35.223.A.1.a, and not within a floodplain, shall be screened c_H.__ met __.F., hits tir feat Nvith an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected tTse ttsr habitable structures, or Matted lot er lets ti preexisted the tir feature itt tif gas well drilling upnroval of the first ,nnnlic,tble reduirerne it in the sequence of authorizations established under 35.22.4. 35.22.5.A.6.p the grtittind i-s Im-eat-ed A014*hin wn~e thou-saind f~e~e* (1,0002) tif an e~rzisting fresh water well 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all applicable ESA's prior to the approval of a Gas Well Development Plat or Gas Well DevelO i ient Site Pl;uh. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the Cuv limits. 4. If the ambient noise level that was established and submitted to the City in accordance Nvith 35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.223.03 below. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production side streft, and the area shall not be greater than five (5) acres in size. Drilling tif a different to the site pia" applietttitin. All standards in section 35.223 shall be met-.,aid Aall conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. All applications for Gas Well Permits shall be filed Nvith the Department Who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1, a Specific Use Permit , where required, a Detailed PLuh llh a PLt nhed Development (PD) district or a si -)ecific authorization uh a'\IASter PLunhed Community (\IPCI distict' 2. a Watershed Protection Permit, where applicable; and 3 3. a Gas Well Develo ~ment Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Fell Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. wh e th e r th e app li e ati ti n in eli 1 d -e-s fl 1-1- H- -f th -e in-fo, ftmfl ti &-n- r.e quire d by this 8 tth eh ap te , 2. whether the application is in conformance Nvith the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days hp th'it or determine fliat the application is not in conformance Nvith the applicable Gas Fell Development Site Plan, applicable Specific Use Permit, Det;uled PLun in a PLumed Development (PD) district, or site- specific ,ruthoriz,rtion In a Master PLumed Cormunity (\IP(-') district The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the , City- the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the Cit- before the expiration date, the approved site an drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Drs-'"atriet Det;uled PLun in a Planed Development (PD) district, or sire-specific stuthorizsaion in a Master Planned Community (,\IP(-') district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance Nvith the applicable Watershed Protection Permit, Plat, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plzen un a Planned Develol)1ent (PD) district, or sire-specific ,ruthoriz,rtion in a Master Planned Community ('AIPCI district, then the Fire Marshal shall approve the amendment within flnirt- (30) days after the application is filed. In addition, If, ~erl if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. 4 Exhibit 1 - Clean Version Citation Proposed Ordinance 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. DDC 35.22.2 Drilling and Production Area (41v'4 Gas JFell Pane, Gas lI'ell Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank batter--, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the Gas Well Development Plat or Gas Well Development Site Plan. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within any unzoned area of the City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance Nvith the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or site-specific auflrorization in Master Planned Community (IPC) district. Notwiflistanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may 49,e commence4 within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (IPC) district; G. Legal Non-Conformity Provision L The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35-3, 35-16, 35-22 and 35-23 do not apply to applications for permits for gas well drilling and production if, on the effective date of such ordinance (august 4, 2010), the following circumstances existed: a. For Gas Fell Development Plats and associated Watershed Protection Permit, a complete application for a Gas Well Development Plat, together with any required Watershed Protection Permit application, was pending for decision on such date, or the area to be platted was the subject of an approved SL?P, detailed plan N ith in a PD district, or site-specific authorization within a MPC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities previously have commenced for .mother gas well subject to the approved Gas Well Development Plat that is located within one thousand feet 1,000' of the proposed as well site, provided that the 1 application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other than those described in subsection l.b., if a complete application for a Gas Well Permit was pending on August 4, 2010, the application is not subject to the separation standards prescribed in section 35.223.A.1, as amended ordinance 2010-181, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits shall be subject to the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currenflv in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other habitable structures other than those listed in 35.223. y.1.a, shall be five hundred feet (500'). d. In lieu of 35.223. y.1.c above, the standards established in 35.223.A.1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property Nvith a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a prmously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than two hundred and fifty feet (250'), via the notarized waiver. f. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area. 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures, or within five hundred feet (500') of all other habitable structures other than those listed in 35.223. y.1.a, and not within a floodplain, shall be screened with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use, habitable structures, or platted lot preexisted the approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all a licable ESA's prior to the approval of a Gas Well Development Plat or Gas Well Development 2 Site Plan. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the City limits. 4. If the ambient noise level that was established and submitted to the City in accordance with 35.223.C.I is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.223.C3 below. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (I) drilling or production area, and the area shall not be greater than five (5) acres in size. All standards in section 35.223 shall be met, and all conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. All applications for Gas Well Permits shall be filed Nvith the Department who shall immediately forward all applications to the DRC for renew. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1. a Specific Use Permit, where required, a Detailed Plan in a Planned Development (PD) district, or a site-specific auflrorization in a Master Planned Community (NIPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Fell Permit. B. The DRC shall review each application within I5 days after acceptance for filing and shall determine: 2. whether the application is in conformance Nvith the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after recei~mg the DRC report within ten (10) days or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Detailed Plan in a Planned Development (PD) district, or site- specific auflrorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and allapplicable standards of the DDC. 3 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance Nvith the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within thirty (30) days after the application is filed. In addition, if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated Nvith the activities covered by the existing permit or that was not oflierwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. 4 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2010-11 City Manager's Proposed Budget was submitted to the Council on July 30th. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 5, 2010. In addition, the City Council also discussed the proposed budget on August 10, 2010. During these meetings, the City Council asked a number of questions and requested a variety of information concerning the budget proposal. In response to the questions, staff has prepared the attached memorandum that summarizes the questions we received and the answers that we have been able to compile. In addition, the attached PowerPoint presentation outlines the impact of some potential changes to the General Fund Five Year Forecast that were discussed on August 5th. The purpose of this agenda item, therefore, is to provide the City Council with the above described information concerning the proposed budget and allow an additional opportunity for questions and dialogue. Below is the schedule we will follow to adopt the budget and tax rate: August 17 Vote to Consider a Proposal for a Tax Increase prior to publishing Notice of Hearing (if necessary) September 7 1st Public Hearing on Tax rate (if necessary). Public Hearing on Proposed Budget. September 14 2" d Public Hearing on Tax rate (if necessary). September 21 City Council Adopts Budget and Tax rate. I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. Agenda Information Sheet August 17, 2010 Page 2 EXHIBITS 1. Power Point Presentation - Updated FY 2010-11 General Fund Budget 2. Question and Answer Memorandum and Attachments Respectfully Submitted By: Bryan Langley Director of Finance ^1 W F C 'Cd V ~D r V V VS O O n~-q r~ r~ rTj O r~ O V >-4 4.4 C ':I- co N co O 0R* _ L - N N (a M T-4 r-I f V r-I D1 lD P% 422 N N 0 r-I O M 0 0 M O rl N L U LL cn :3 m p L O ~ N N O m N O O M N Q N W ~ U L 4-j 0. m dA OA M 4 vi v . N m ~ s 0 U N co U -0 N O O 4 0) -0 N 3 3 Q" •L ~ 4-- N O O Co 0 0 0 0 m -0 _0 ~ N 4-j CL a OA U 0 c (D 0) co LO 4-j 0 d O i m N N p of C r >1 o N W O 2_ Q Lo Q O O H - O~ _0 O = ti N ~ > p ~ -0 N N O~ C) C: O Ln O N N Q LL -0 0 lu C: M O w L N E ca N C: u- E U O v O 0 4-- 4-- 0 0 a1 O ~ =5 O N = O O N p CD m in N U V O a"' N N N _ C O O tn N +r L Q O N N U M- O O 4A p +r 4-j N +r =3 C: +O-+ O O O O N cn LL O ~ DC Q~ O E U ~ O CO O N N +m W cif coif > N (a W E -0 X C: Q) CL 0 coif coif Q) O Q E " = O 0 4-j 4-j Q O m O A N C OU O}, O > O U (B OU m N U cn cn L- N +r M O -0 m E QJ Q~ Q~ ' N ~ L L • U U cn O m 3 N p N L Q U W CO E =3 C N Q O 4 O C L CC W * 0 to x D- 0 Exhibit 2 DENTON Finance Departments 215 E. McKinney s Denton, TX 76201 (440) 344-8224 DFTV.11etro (472) 434-2259 Fax (440) 344-7206 MEMORANDUM DATE: August 17, 2010 TO: Honorable Mayor and Members of the City Council FROM: Bryan Langley, Director of Finance SUBJECT: City Council Budget Workshop Questions and Responses Information regarding the 2010-11 Budget and Five Year Forecast was presented to the City Council on August 5. Below is a summary of the questions that I have received and the answers that we have been able to compile. For the items that require further research, we will provide additional information at a future City Council meeting. Q1: Provide information on the justification and cost recovery for the new attorney position. A: Please see attachment A. Q2: Provide a list of the 22 vacant positions in the General Fund. A: Please see attachment B. The positions detailed on the attachment were vacant at the end of July. As additional vacancies occur in the organization, these new vacancies will be compared to existing vacancies to determine which position has a greater priority. In other words, for the FY 2010-11 budget, staff is proposing to manage to a total savings amount of approximately $1.5 million, rather than a specific set of vacant positions. Q3: Provide information regarding the cost to implement the Downtown Implementation Plan. A: Staff is continuing to research this item and will provide additional information in a future memorandum. Q4: Provide detail for the major increases in operating expenses for Solid Waste. A: Please see attachment C. Q5: What is the difference between last year's property value protests versus this year? A: The total number of property value protests in 2010 was 4,905, compared to 7,084 in 2009. This represents a 31% decrease in protest activity. Q6: What funds have been spent year-to-date from the Tree Mitigation Fund? 1 A: The Tree Mitigation Fund expenditures total $16,925 for an aerial tree canopy study. This project is not complete and expenditure estimates through FY 2009-10 are anticipated to be $50,000. Q7: Is there citation revenue associated with the Urban Forester position? A: Yes. Citations are issued for two primary violations: unauthorized tree removal or failure to obtain a tree removal permit. The citation for these violations is $315. Q8: Provide a three-year forecast on the drawdown of fund balance in the General Fund. A: Please see attachment D. Q9: Please detail the cost reductions and vacancy savings by each department in the General Fund. A: Please see attachment E. Q10: What is the expected cost of the comprehensive plan and mobility plan updates that are included in the Non-Airport Gas Well Fund budget? Are there any other funding alternatives related to these projects? A: Staff is continuing to research this item and will provide additional information in a future memorandum. Q11: What is the difference between the 2009 certified appraised value and the current supplemental value of the tax roll? A: The 2009 certified value is $6,327,909,022, and the total appraised value is now $6,433,803,604 as of the July 21 supplemental tax roll. To account for increases in the supplemental tax roll, staff uses a 100% collection rate in estimating the tax levy. Since not all taxpayers pay within the fiscal year, this estimate incorporates an assumption for increases in the supplemental values. For example, General Fund ad valorem taxes are budgeted at $28,326,885 for FY 2009-10. Year- to-date receipts total $28,030,023 and we anticipate receiving the budgeted amount due to a strong payment history and supplemental values which are higher than the certified amounts. Q12: Please detail the estimated monthly impact of the utility fee increases to the average residential utility customer. A: Please see attachment F. 2 Attachment A City Attorney's Office City of Denton, Texas City 215 East McKinney of Denton, Texas 76201 DENTON (940) 349-8333 Fax (940) 382-7923 INTEROFFICE MEMORANDUM TO: Bryan Langley, Finance Director FROM: Anita Burgess, City Attorney SUBJECT: Legal Department's 2010-2011 Budget DATE: August 11, 2010 COPY TO: Michelle McCallum, Budget & Municipal Court Manager Question: Provide information regarding costs of outside counsel, including costs which may not be repeated in upcoming years. Answer: It is recommended that one full-time attorney position be added to the City Attorney's Office. The cost of outside counsel has proven quite high in recent years, and performing additional work in-house is more cost effective. Currently, most of the transactional work of the city is performed in-house. This work includes the drafting of contracts, ordinances and resolutions, planning and zoning issues, real property transactions, public utility matters, employment law issues, environmental questions, general municipal law issues including open meeting questions, access to public records, conflict matters and authority issues, public safety matters including civil service questions, prosecution and code enforcement, franchise issues, aviation matters, and day-to-day advice on the business of the city. On the other hand, most of the litigation is performed by outside counsel. This work includes defending the city from those who seek to impose liability upon it, and pursuing litigation against individuals or companies that have breached contracts or wronged the city. The work is highly technical, requiring a high degree of knowledge of municipal immunity issues and a command of civil procedure and evidence rules. As an example of outside costs, in 2009, total outside counsel costs were $1,227,432, of which $175,202 involved consultation on transactional matters, and $1,052,230 involved litigation matters. While 2009 costs were somewhat higher and outside the norm, the cost of outside litigation over the last four years is trending upward, with 2008 at about $813,000 and 2007 at $705,815. It is projected that 2010 costs will be consistent with 2007 and 2008. s:llegallour documentslbudget11 0-1 110 8 1 1 1 0 memo-l; gg~ &5 d to Quality Service" www. cityofden ton. com Attachment A Bryan Langley, Finance Director Page 2 A City Attorney's Office will always involve some outside costs. The City Attorney is of the opinion that the transactional costs for a full service city like Denton, which performs all range of municipal services for its citizens, is well within reason. However, the cost for outside litigation needs containment, and much of this work can be performed quite competently by an in-house litigation attorney, and at a much reduced cost to the taxpayer. With regard to what litigation may be resolved and not present a future cost to the city, certainly the Texas Municipal Power Agency litigation is the most glaring example, representing 31% of the outside litigation costs last year. However, litigation is a certainty in municipal practice, and Denton's rapid growth and status as a full service city guarantee continuing challenges necessitating representation in court. The percentage of categories of cases is almost impossible to predict and will vary from year to year. Outside counsel costs in the Dallas metroplex area are relatively high for litigation attorneys and range from $175 per hour to $300 per hour and perhaps a bit higher, depending on the type of case. Furthermore, it is the opinion of the City Attorney that a well experienced in-house litigator is often more versed in municipal law than most attorneys in the private practice, and that the most fiscally responsible means of providing litigation services is by using an in-house litigator as much as possible. Denton's strategic location at the apex of the Dallas/Fort Worth metroplex and its rapid growth promises that condemnation for public utilities and street infrastructure alone more than justifies an in-house litigator. It is contemplated that the street expansions planned for Bonnie Brae and Mayhill will involve the taking of well over 50 pieces of property, either by negotiating the acquisition or condemning the property for the use of the public. Last year in Denton, the cites right of way and property acquisitions cost the city $159,472 in outside counsel costs. This cost alone would fund a litigation attorney inside the City Attorneys Office. Finally, the national benchmark for municipal law offices is articulated in a study prepared by DMG and Altman Weil. The suggested "best practices' for average annual legal costs per city resident is $11.23 to $22.52. Denton's average annual legal cost for its in-house attorneys is $11.84, but is $22.11 when outside counsel are included. While the total cost to the city for legal services is still within the norm, these numbers should be reduced toward the middle of the spectrum, and it is the litigation matters that are skewing the costs toward the upper end of acceptability. L } was _ Anita Burgess s:llegallour documentslbudget110-111081110 memo-langley.docx u I! ~ i {~~~~IE'~~i``~i`~ ~E~l~~,,~ ~`~'i~ . I! ~ i {~~~~IE'~~i``~i`~ ~E~l~~,,~ 1 Q 1 ~ .~4 ~ ~ ~ '°1 rn i ;!s L m i 1 ~r t t i I! ~ i {~~~~IE'~~i``~i`~ ~E~l~~,,~ u Attachment B General Fund Vacant Positions DEPARTMENT POSITION FTE Planning Planning Division Mgr 1 Planning (DRC) Senior Engineer 1 Building Inspections Combination Residential Inspector 1 Building Inspections Health Inspector 1 Library - Administration Tech Services Manager 1 Library - Administration Library Assistant II 1 Library - Emily Fowler Library Assistant 1 0.5 Library - North Branch Library Assistant 1 0.5 Police Public Safety Dispatcher 1 Police Public Safety Dispatcher 1 Police Civilian Jail Supervisor 1 Police Police Officer 1 Police Police Officer 1 Police Police Officer * 1 Fire Administration Administrative Assistant 1 Fire Operations Deputy Chief 1 PARD - MLK Recreation Coordinator 0.5 PARD - Athletics Field Services Worker 11 1 PARD Field Services Worker 11 1 PARD - Landscape Field Services Worker 11 1 PARD - Administration Landscape Architect/Planner 1 PARD -Youth Teen Recreation Specialist 1 PARD - Administration Customer Service Representative 1 1 SUBTOTAL 21.5 * Note: The FY 2010-11 Proposed Budget includes an additional five new police officers. These positions are contingent upon the receipt of a federal grant. If the grant is not received, the General Fund resources allocated to this proposal will be used to fill one Police Officer position that is currently vacant. Attachment C The Solid Waste Fund's FY2011 proposed budget includes new services that were not conducted in FY2010. These expenses had been extracted for the purpose of comparing expenses in cost categories for comparable services. Solid Waste Rates were adjusted to reflect the changes in costs associated with their services. FY 2011 Proposed Solid Waste Budget 2009 2010 2011 2010 to 2011 Budget Budget Budget Variance % Variance Personal Services 6,931,984 6,667,736 6,768,189 100,453 1.51% Materials & Supplies 246,442 204,885 232,290 27,405 13.38% Maintenance & Repair 360,572 299,180 247,362 (51,818) -17.32% Insurance 139,547 97,345 120,827 23,482 24.12% Miscellaneous 45,845 42,555 43,830 1,275 3.00% Operations 7,173,877 6,026,700 5,198,001 (828,699) -13.75% Fixed Assets 346,200 20,000 90,000 70,000 350.00% Other GG Operational Transfers 534,514 525,985 1,003,027 477,042 90.69% Debt Service 3,008,268 2,804,180 3,688,329 884,149 31.53% Bad Debt 137,518 123,669 93,751 (29,918) -24.19% Admin Transfers to Gen Fund 681,881 690,412 576,253 (114,159) -16.53% Economic Development 24,981 30,844 31,470 626 2.03% KDB Funding 10,000 7,000 39,063 32,063 458.04% OPEB Fund 69,490 69,490 - (69,490) -100.00% Transfer to Customer Service 717,741 729,373 587,497 (141,876) -19.45% Electric Dispatch 1,798 1,532 1,578 46 3.00% Transfer to Safety and Training 86,462 87,950 90,589 2,639 3.00% Transfer to Utility Administration 151,165 146,471 154,264 7,793 5.32% Transfer to Materials Mgmt 54,253 55,881 57,557 1,676 3.00% Franchise Fee 690,853 907,185 990,047 82,862 9.13% Budget Total 21.413.391 19.538.373 20.013.923 475.550 2.43% Attachment C FY 2011 Proposed New Programs Keep Denton Beautiful - - 356,370 356,370 1.82% Service New Annexed Areas - - 91,739 91,739 0.47% Baled Cardboard Route - - 36,125 36,125 0.18% Home Chemical Regional Services - - 8,800 8,800 0.05% Construction & Demolition - - 497,908 497,908 2.55% Two C&D Full Time Equivalents (FTE's) - - 124,000 124,000 0.63% New Program Subtotal - - 1.114.942 1.114.942 5.71% FY 2011 Proposed Budget Total 21,413,391 19,538,373 21,128,865 1,590,492 8.14% Attachment C Explanation of Budget Changes Personal Services: increased $100.4K, primarily for estimated increase in overtime costs, which is 1.7% of the personal services expense. Materials & Supplies: increased $27.4K Maintenance & Repairs: This is an expense line to cover the cost associated with buildings, office equipment, computers, and similar non-vehicular items. Last year some container cost were reflected in this line, but beginning in FY2011 container rebuilds are included in the "Fixed Assets" line. This line decreased $51.8K. Insurance: rates increased $23.5K. Operations: decreased $828.7K, which includes a reduction of $300K use of reserves, a reduction of $748K in third party vehicle lease payments (in FY2011 vehicles will not be lease purchased, but will be purchased with bonds, so this expense payment moves to increase the expense in "Debt Service"), an increase of $98.2 in the curbside recycling contract cost, increase of $82K in fuel, an increase of $144.2K in vehicle maintenance. Fixed Assets: increased $70.K. to cover the scheduled rebuild and replacement of approximately 100 containers per year. Operational transfers: increased $477.OK, which includes landfill closure increases of $65K, Tech Services increases of $20K, increases of $250K for capital projects, and increases of $161K for vehicle replacement. Debt Service: increased $884.1K, which includes the change in the method of purchasing vehicle from the third party lease method used in FY2009 to the bond funded purchase of vehicles with the annual expense being shown in "Debt Service Expense" rather than "Operations Expense". This line item also includes the debt service expense for the two year (2009 & 2010) bond sale of $8.6M. A Bond reimbursement resolution in 2009 deferred a bond sale to 2010. The FY 2011 budget includes new debt service for both the deferred 2009 and 2010 bond sale amounts. Admin Transfers to General Fund: decreased $114.8K. KDB Funding: increased as a result of the move to the Solid Waste Fund. Transfers to Customer Services: decreased $69.4K with the elimination of certain direct billing of Solid Waste Reps and adoption of the use of Universal Reps . Franchise Fee: increased $82.9K, with the proposed expansion of services and their revenues. Attachment D FY 2010-11 Proposed Budget Gap (Drawdown of Fund Balance) ($1,143,196) Updated Projection for FY 2010-11 Drawdown of Fund Balance * ($1,230,734) *See attached PowerPoint presentation for additional information. FUTURE FUND BALANCE DRAWDOWN PROJECTIONS FY 2011-12 ($468,601) FY 2012-13 ($941,461) FY 2013-14 ($1,368,595) Attachment E 2010-11 2010-11 Reductions Vacancy Detailed in Total GENERAL FUND DIVISIONS Savings Proposed Budget * Reductions Planning $ 235,426 $ 20,106 $ 255,532 Building Inspections 136,558 - 136,558 Library 187,717 50,923 238,640 Parks' 265,441 108,116 373,557 Neighborhood Services $ 825,1,12 $ 179,1,15 $ 1,001,287 Fire $ 218,347 $ - $ 218,347 Municipal Court - 13,000 13,000 Police 410,872 226,699 637.571 Public Safety $ 629,219 $ 239,699 $ 868,918 Streets $ - $ 13,000 $ 13,000 Street Lighting - 50,000 50,000 Transportation Operations - 3,438 3,438 Traffic - 5,685 5,685 Transportation $ - $ 72,123 $ 72,123 City Managers Office** $ - $ 30,295 $ 30,295 Economic Development - 72,000 72,000 Facilities Management - 50,000 50,000 Human Resources - 14,915 14,915 Internal Audit** - 66,805 66,805 Legal Administration - 15,217 15,217 Finance - 31,110 31,110 Administrative $ - $ 280,342 $ 280,342 GENERAL FUND TOTAL $ 1,,15,1,361 $ 771,309 $ 2,225,670 * For more information, please see pages 23 - 24 of the proposed FY 2010-11 budget document. In addition to the above amounts, overtime has been reduced by $431,580 and transfers to the Technology Services Fund have been reduced by $295,421. For the indicated departments, the amounts are different than those presented in the proposed budget document due to an error in the budget overview narrative. However, the total General Fund budget and five year financial forecast information is correct and includes the above information. Attachment F RESIDENTIAL CUSTOMER AVERAGE UTILITY BILL FY 2011 Proposed Rates FY 2010 FY 2011 Increase Electric $ 137.44 $ 137.44 $ - Water $ 35.90 $ 39.15 $ 3.25 WW $ 24.55 $ 24.55 $ - SW - Medium Cart $ 17.35 $ 18.65 $ 1.30 SW -Recycle 4.30 5.05 0.75 $ 219.54 $ 224.84 $ 5.30 AVERAGE INCREASE - TOTAL BILL 2.4% Notes: Water based on 9% rate increase Electric based on 1,241 KWH per month Water based on 9,400 gallons per month Wastewater based on 6,000 gallons per month Solid Waste based on Medium Size Cart AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval. BACKGROUND The Denton Black Chamber of Commerce has requested an exception to the Noise Ordinance hours to increase the time from 10:00 p.m. to 10:30 p.m. The event expects to have 4,000 people in attendance to hear conventional Blues music performed by national and local Blues artists. Amplified sound will be used for both music and public announcements. PRIOR ACTION/REVIEW (Council, Boards or Commission) At the August 18, 2009 City Council meeting, a noise exception was approved to allow the Denton Blues Festival to increase the hours of operation and to have amplified sound on Sunday. RECOMMENDATION Staff recommends approving the noise exception request. EXHIBITS 1. Request Letter from the Denton Black Chamber of Commerce Respectfully Submitted: Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator EDIENTON BLACK CHAMBER OF COMMERCE P.O. Box 51026, Denton, TX 76206 ~ 940-382-9100 Kerry Goree Chairman July 16, 2010 Reggie Hill President John Haines Janie McLeod Treasurer Community Events Coordinator Robin Myles City of Denton Secretar}, 601 E, Hickory, Suite B Denton, TX 76205 Dear Janie, The Denton Black Chamber of Commerce is requesting the sale of alcohol at our 12th Annual Blues Festival, which will be held September 18-19, 2010 in the Quakertown Park. We are also requesting an exception to the Noise Ordinance. The Festival is scheduled to begin at 1:00 p.m. and end at 1.0:30 p.m.. on Saturday, and begin at 1:00 p,m. and end at 8:30 p.m, on Sunday. Please let me know if you need further information. You can reach me at 910-367-6679. Sincerely, Robin Myles Secretary A member of the Texas Association of African American Chambers of Commerce, }4'}}'1SClila.FlCt3, l~[~ A member ofthe National Association of African American Chambers of Commerce AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Parks and Recreation 1A; ACM: Fred Greene SUBJECT Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approving the request with a vote of 5-0. BACKGROUND The Blues Festival returned to Quakertown Park in 2007. The event coordinators are requesting to be allowed to sell alcoholic beverages in the city park. Quakertown Park is the only city park where the sale of alcohol is permitted with City Council's approval. This will be the first time the event has been extended to two days. RECOMMENDATION Staff recommends approval of the ordinance and agreement as submitted, which is consistent with agreements for other co-sponsored events. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the August 2, 2010, meeting, the Parks, Recreation and Beautification Board recommended approving the request with a vote of 5-0. FISCAL INFORMATION None. EXHIBITS 1. Proposed Resolution 2. Letter of Request 3. Quakertown Agreement 4. Parks, Recreation and Beautification Board Minutes of August 2, 2010 Respectfully submitted: m. 0'. Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator Ilcodadldepartmsnts\legahour documentslresolutionsAftlues festival alcohol sell.doe RESOLUTION NO. A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 18-19, 2010, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 18-19, 2010; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18-19, 2010 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. llcodadldepartmentsllegallour documentsVesolutionsUftlues festival alcohol sell.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 EDIENTON BLACK CHAMBER OF COMMERCE P.O. Box 51026, Denton, TX 76206 ~ 940-382-9100 Kerry Goree Chairman July 16, 2010 Reggie Hill President John Haines Janie McLeod Treasurer Community Events Coordinator Robin Myles City of Denton Secretar}, 601 E, Hickory, Suite B Denton, TX 76205 Dear Janie, The Denton Black Chamber of Commerce is requesting the sale of alcohol at our 12th Annual Blues Festival, which will be held September 18-19, 2010 in the Quakertown Park. We are also requesting an exception to the Noise Ordinance. The Festival is scheduled to begin at 1:00 p.m. and end at 1.0:30 p.m.. on Saturday, and begin at 1:00 p,m. and end at 8:30 p.m, on Sunday. Please let me know if you need further information. You can reach me at 910-367-6679. Sincerely, Robin Myles Secretary A member of the Texas Association of African American Chambers of Commerce, }4'}}'1SClila.FlCt3, l~[~ A member ofthe National Association of African American Chambers of Commerce \\codadWeparttnents\lel;Mour documentslcomracts\101blues festival alcohol contract. doe QUAKERTOWN PARK AGREEMENT FOR THE BLUES FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this day of 2010, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and the Black Chamber of Commerce, (called "CHAMBER"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to CHAMBER the exclusive privilege to distribute/sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival September18-19, 2010 to be held at Quakertown Park. This privilege does not extend beyond the date of the Blues Festival for the year 2010. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to distribute/sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the distribution/sale of alcoholic beverages at the Blues Festival. B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the Blues Festival. CHAMBER'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing/selling alcoholic beverages at the Blues Festival. ARTICLE 3 LOCAL RULES AND REGULATION CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Paris Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. CHAMBER shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the distribution/sale of alcoholic beverages. CHAMBER will exercise reasonable care and due diligence in their distribution/sale of alcoholic beverages at the Blues Festival. ARTICLE 4 INDEMNITY AGREEMENT CHAMBER shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CHAMBER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, CHAMBER shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. Blues Festival - Page 2 C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and CHAMBER. In such event, CHAMBER shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CHAMBER: To CITY: Black Chamber of Commerce CITY OF DENTON: Kerry Goree, Chairman City Manager P.O. Box 51026 215 E. McKinney Denton, TX 76206 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and (1) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Blues Festival - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CHAMBER shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CHAMBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Resolution No. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBER has executed this Agreement through its duly authorized undersigned officer on this the day of 2010. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BLACK CHAMBER OF COMMERCE BYAGOkY g'~ E, , CHAIRMAN WITNESS: BY: Blues Festival - Page 5 DRAFT Parks, Recreation and Beautification Board Minutes August 2, 2010 Civic Center Community Room Members present: Carol Brantley, Derrick Murray, Dave Rowley, Janet Shelton, Jennifer Wages Members absent: Vicki Bvrd Staff present: Emerson Vorel, Janie McLeod, Maiy Aukerman, Jeff Gilbert, Senior Center Manager Others present: Barbara Greene REGULAR MEETING 1. CALL TO ORDER - Derrick Murray, Vice Chair, called the meeting to order at 6:01 p.m. 2. APPROVAL OF MINUTES OF June 7, 2010 MEETING: Murray asked the Board to review the minutes from the June meeting. Hearing no changes, Rowley made a motion that the minutes be accepted as Nvritten, Brantley seconded the motion and it carried Nvith a vote of 5-0. 3. AWARDS AND RECOGNITIONS: - A. DFW Parks and Recreation Directors Association "Volunteer of the Year Award" Barbara E. Greene. Jeff Gilbert introduced Greene to the Park Board and shared some of her accomplishments at the center, including that Greene has been a volunteer for 14 years, she teaches water aerobics as well as a regular aerobics class at the Senior Center (with participants totaling 100 or more at times), she is on the Senior Center Advisory Committee and on the welcoming committee. As part of the welcoming committee she makes personal follow up phone calls to each person submitting a card and thus far in 2010 has made about 439 calls. This is an impressive list for anyone, but Greene is 80 years old and has no plans for slowing down. Gilbert stated that he was confident that when he submitted the application Barbara would win and she did. The award that Greene won was passed around for the Board members to examine. Greene and Gilbert departed after the recognition. 4. ACTION ITEMS: Request from the Denton Black Chamber of Commerce to Sell Alcoholic Beverages at the 12th Annual Blues Festival - McLeod stated that this is the 12~' vear that the Blues Festival has been held in Denton and Nvill be held in Quakertown Park. Murray pointed out that the Sunday date Nvas incorrect and should be the 19~' of September instead of the 2W'. He then asked if there Nvere any questions or discussion. None Nvere offered. MOTION: Murray asked for a motion to approve the request for the sale of alcoholic beverages at the Blues Festival to go to Council. Shelton made the motion to honor the request, Wages seconded the motion to approve the request and it carried with a vote of 5-0. Election of Chairperson for Parks, Recreation and Beautification Board and Vice Chair, if required - Murray Nvas nominated as chair since he had been filling the vacancy since the former Chair resigned. No other nominations for Chair Nvere made. MOTION: Murray abstained from the vote. Vorel asked for a motion to vote on the nomination of Murray for Chair. Wages made the motion to vote for the Chair person as nominated, Brantley seconded the motion and it carried Nvith a vote of 4-0. With Murray being elected as Chair, a vacancy for Vice Chair was created. Murray asked for volunteers for Vice Chair. Brantley volunteered, Murray seconded. No others candidates came forth. MOTION: Murray made a motion to vote on the nomination of Brantley as Vice Chair, Shelton seconded the motion and it carried with a vote of 4-0. 5. DISCUSSION ITEMS: A. Park Foundation Duck Race Fund Raiser - Vorel explained the role of the Park Foundation and the fact that they want to do even more than they have in the past. McLeod explained that 2,000 ducks have been purchased for "adoption" and that one race will be for adults and one race for children on the continuous river at the Water Works Park. She handed out information sheets and told the Board that they are still accepting sponsorships. Adult participants have the chance to possibly win $50,000 and children can win a $20,000 scholarship. Other prizes will be awarded. 6. OTHER BUSINESS: A. Parks Department Projects Status Report Briercliff Park Design and Development Project -This park project is halfivay completed. It will have a different playground with a different design than our other parks. Denton Branch Rail Trail Bridges Project - The check was received from the state for the project; will get design and construction going. The bridge will be a steel structure and will probably span all of Loop 288 with no middle support so the road will only by obstructed for a vein short period of time. B. Keep Denton Beautiful Update As part of the 2010-2011 budget process, KDB may be moved to the Solid Waste Utility Fund. C. Public Art Committee Meeting Minutes Draft - Vorel stated that the Harmony sculptures of 2 herons by George Cadell are nearing completion and will be placed at South Lakes Park before the end of September 2010 in order to use the HOT Funds from the current fiscal year. Park Board will be invited to the dedication. Murray advised the Board that the fast Monday in September is Labor Day so the meeting will actually take place on September 13, 2010, the second Monday in September. With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Wages seconded and the meeting was adjourned at 6:38 p.m. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jody Hays 349-7132 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education (HCDE), Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The attached agreement is an authorization to participate in contracts awarded by the Harris County Department of Education and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by HCDE. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. In the near future, we hope to use this interlocal agreement to purchase heating, ventilation, and air conditioning (HVAC) equipment associated with the Energy Efficiency and Conservation Block Grant (EECBG) that was recently received by the City of Denton. The bid process followed by HCDE meets all State bidding requirements. Recently, the City Council has inquired about the use of local preference procurement methods in interlocal agreements. The attached Informal Staff Report (Exhibit A) provides additional clarification regarding when local preference procedures can be used by the City. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and Harris County Department of Education. Agenda Information Sheet August 17, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS Harris County Department of Education Harris County, Texas ESTIMATED SCHEDULE OF PROJECT This Agreement will become effective upon approval by the Harris County Department of Education. The Agreement is scheduled to be considered by HCDE at their September 21, 2010 Board meeting. The Interlocal Agreement will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. EXHIBITS Exhibit A: Informal Staff Report 09-004 - Local Preference in Procurement Respectfully submitted: Bryan Langley, 349-7100 Director of Finance I -.CIS-File 4» 1 Exhibit A Date: November 20, 2009 Report No. 09-004 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Local Preference in Procurement BACKGROUND: The City Council recently asked for information regarding how purchasing procedures are applied to local vendors. As such, the purpose of this report is to provide further clarification of Texas Local Government Code, Chapter 271.905, Consideration of Location of Bidder's Principal Place of Business. An important change to the law occurred this year, when the Legislature limited consideration of local preference to contracts less than $100,000. DISCUSSION: Since the original local preference act was approved in 2005, it has been the policy of the City of Denton to evaluate all bids and recommend award to the local bidder provided they meet the criteria noted in the law. The lave states that a local vendor may be awarded a contract if a) The bid is within 5% of the lowest responsible bid price b) Their principal place of business is within the City soliciting bids c) The contract is less than $100,000 d) The local bidder offers the best combination of contract price and additional economic development opportunities for the City. Economic development opportunities include: a) The employment of residents of the City- b) Increased tax revenues of the City To be considered, the vendor must provide information to the City of Denton to make a local preference award recommendation. The current practice is to ask the bidder to provide information such as: a. Evidence of principal place of business b. Number of employees residing in the City of Denton c. On hand inventor- value d. Charitable contributions within the Citv Cooperative purchasing agreements, such as the Houston Galveston Council of Government (HGAC) and Buy Board, do not utilize local preference since their contracts are statewide and exceed the $100,000 value. It is our intent to continue to educate our local vendors on how to participate in HGAC and Buy Board bidding regardless of the local preference issue. Acquisitions made by utilizing interlocal agreements with other entities would exclude Denton providers but may have been awarded to the bidding entities provider utilizing the 5% local preference. Under these Exhibit A Date: November 20, 2009 Report No. 09-004 circumstances, the Purchasing Office determines if the best value to the citizens of Denton is in "piggy backing" on another entity or bidding the item ourselves. In summaiy, the Purchasing Department strives to award contracts to local vendors whenever possible. Local vendors, hokvever, must meet the criteria described above and demonstrate that they provide the best overall value to the Citv of Denton. As requested by the City Council, a full discussion of the local preference law and procurement process is scheduled for the January 12, 2010, Work Session. ATTACHMENT: Exhibit 1- Texas Local Government Code, Chapter 271 Section 905 STAFF CONTACT: Tom Shaw, Purchasing Agent X -7133 Tom. Shaw( city ofd enton. com Exhibit A Date: November 20, 2009 Report No. 09-004 Exhibit 1 Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS. (a) In this section, "local government" means a municipality with a population of 200,000 or less, a county with a population of 400,000 or less, or another political subdivision authorized under this title to purchase real property or personal property that is not affixed to real property. The term does not include a school district. (b) In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. (c) This section does not prohibit a local government from rejecting all bids. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE HARRIS COUNTY DEPARTMENT OF EDUCATION (HCDE), HARRIS COUNTY, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS HARRIS COUNTY DEPARTMENT OF EDUCATION CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4551-INTERLOCAL AGREEMENT WITH HARRIS COUNTY DEPARTMENT OF EDUCATION). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement'). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2-ORD-Interlocal agreement With Harris County Department of Education Municipality Master Service Interlocal Contract Between Harris County Department of Education & City of Denton Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract ("Contract') is made and entered into by and between the Harris County Department of Education ("HCDE"), located in Houston, Texas, and City of Denton ("CITY"), located in Denton, Texas, for the purpose of providing services. Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and CITY desire to set forth, in writing, the terms and conditions of their agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Term. This Contract is effective from the date of the last signature and shall automatically renew unless either party gives thirty (30) days prior written notice of non- renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8. 2. Agreement. The terms of this Contract shall apply and will be considered a part of any Addendum for programs and services delivered by HCDE. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. 3. Purpose and Scope of Work. A. HCDE agrees to: ■ Provide CITY with subsequent independent contracts and/or descriptive offerings of each of the programs and services that HCDE provides through its respective divisions. ■ Provide services upon the submission of independent contracts or purchase orders within the HCDE divisions. ■ Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the programs. B. CITY agrees to: ■ Submit purchase order(s) or independent contract(s) for each of the programs it wishes to purchase and/or collaborate. ■ Agree to follow the terms and conditions of each independent contract or purchase orders for each of the programs. ■ Assign the appropriate person to act as representative to each respective program delivered. Municipality Master Service Interlocal Contract Page 1 of 3 Revised 7/26/2010 4. As is. HCDE makes this Contract available to HCDE participating entities "as is" and are under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY. 5. Assignment. Neither this Contract nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 6. Conflict of Interest. During the Term of HCDE's service to CITY, CITY, its personnel and agents, shall not, directly or indirectly, whether for CITY's own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE. 7. Contract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education City of Denton Attn: John E. Sawyer, Ed.D. Attn: George C. Campbell County School Superintendent City Manager 6300 Irvington Blvd. 215 E. McKinney Houston, Texas 77022 Denton, TX 76201 713-694-6300 940-349-8200 George. Campb ellL cityofdenton. com 9. Relation of Parties. It is the intention of the parties that CITY is independent of HCDE and not an employee, agent, joint venturer, or partner of HCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and CITY or HCDE and any of CITY's agents. 10. Non-Exclusivity of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide CITY these services. During the Term of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of HCDE. 11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as follows: ■ By CITY upon 30 days notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed; ■ By mutual written agreement of the parties, upon thirty (30) days prior notice; or ■ By either party immediately if the other party commits a material breach any of the terms of this Contract and no remedial action can be agreed upon by the parties. 12. Master Contract. This Contract can be utilized as the Master Contract. The general terms and conditions in this Contract will serve to outline the working relationship Municipality Master Service Interlocal Contract Page 2 of 3 Revised 7/26/2010 between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of the following programs and/or services with no charge from HCDE: Choice Facility Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing Services and Fuel Cooperative. The CITY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and/or services provided by HCDE requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern. 13. Severability. In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 14. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 15. Authorization. Each party acknowledges that the governing body of each party to the Contract has authorized this Contract. 16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. In witness whereof, HCDE and CITY have executed this Contract to be effective on the date specified in Article 1. Term above: City of Denton Harris County Department of Education George C. Campbell John E. Sawyer, Ed.D. City Manager County School Superintendent Date Date APPROVED AS TO FORM: BY: Anita Burgess City Attorney Municipality Master Service Interlocal Contract Page 3 of 3 Revised 7/26/2010 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to David Hunter 349-7123 All ACM: Jon Fortune YT- SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHi11, Inc., a consulting and engineering firm for services implementing the Hickory Creels Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof, providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0). FILE INFORMATION In April of 2010, the City of Denton was awarded a TCEQ 319 Water Quality grant to expand on an earlier grant project which includes implementation of the Hickory Creek Watershed Protection Plan and also expansion of the scope of the protection plan to include the entire Lake Lewisville Watershed. A complete description of the project is included in the attached Public Utilities Board agenda information sheet (Exhibit 1). PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item on July 26, 2010. RECOMMENDATION Approve a contract between the City of Denton and CH2MHil1 in an amount not to exceed $227,200. PRINCIPAL PLACE OF BUSINESS CH2MHil1 Dallas, TX Agenda Information Sheet August 17, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT The schedule of this project is from April 20, 2010 when the grant was awarded to the City, through August 31, 2012. FISCAL INFORMATION The City of Denton was awarded a $675,485 TCEQ 319 Water Quality Grant in April 2010; this grant will permit proceeding with the implementation of the Hickory Creek Watershed Protection Plan as well as to increase the scope of the protection plan to include the entire Lake Lewisville Watershed; with the Federal share of this grant being 60% and the City of Denton and its two current partners (the Upper Trinity Regional Water District and the North Texas Municipal Water District) being responsible for 40% of this grant. This project will be funded from account 343003.7854. Requisition 99145 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Without Exhibits Respectfully submitted: Bryan Langley, 349-7100 Director of Finance I -.CIS-File 4 5 6( ) Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #4 AGENDA INFORMATION SHEET AGENDA DATE: July 26, 2010 DEPARTMENT: Utility Administration hv- ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider recommending approval of a Professional and Personal Services Agreement between the City of Denton and CH2MHil1 in amount not to exceed $227,200 for which the City of Denton will be responsible for $28,879 for services related to a Texas Commission on Environmental Quality (TCEQ) Section 319 Nonpoint Source Grant that has been awarded to the City of Denton. BACKGROUND The City of Denton's Watershed Protection Program has been participating with Texas A&M University and CH2MHi11 consultants on two successful 104133 Water Quality Grants (from USEPA) entitled "Incentives for Action: Incorporating Trading Options into Watershed Improvement Plans for Lake Lewisville". The goal for both projects was to conduct a pollutant trading demonstration project for Lake Lewisville in order to maintain or improve water quality by establishing a market for pollutant reduction credits. Lake Lewisville is a prime candidate for this approach because of the rapid amount of growth that is occurring in this area. Although the Lake is not currently listed by the TCEQ as "impaired", future growth could threaten the designated uses (including drinking water, recreation and aquatic life) of the lake. If the TCEQ deems that the lake is not meeting designated uses, the lake could be listed on the 303(d) list, which will force the development of a Total Maximum Daily Load, or TMDL process. Briefly, a TMDL specifies the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and allocates pollutant loadings among point and nonpoint pollutant sources. This allocation then serves as a means of controlling the pollutants that enter the water body from that particular source or category of sources. Once loads are allocated, increasing these loads becomes very difficult. For example, when an existing permit expires the permitting authority will evaluate whether the effluent limitations under the permit are consistent with the waste load allocations in the TMDL before the permit will be reissued. This process may result in permit modifications, including maintenance of current pollutant loads or a decrease in total loads, to reflect the current waste load allocation requirements in the TMDL. In AIS - PUB Agenda Item 44 July 26, 2010 Page 2 of 3 addition, for new sources of discharge, EPA regulations mandate that no new source may "contribute to" a violation of water quality standards set forth in the TMDL. The TMDL process has the potential to result in growth limitations or even growth moratoria due to the inability to increase pollutant loading from point sources such as wastewater treatment plants or non-point sources like agricultural development. Examples of current growth modifications due to TMDLs include Kent County, Georgia and several counties in Vermont. A local example of TMDL implementation in Texas is the current TMDL that is occurring in the North Bosque Watershed that supplies Lake Waco. It is likely that this TMDL will ultimately result in growth limitations at some point in the near fi ture. Since a TMDL program has the potential to affect the wastewater and storm water permits of the City of Denton, it is important to be proactive. Although Lake Lewisville is not currently on the 303d list, the Hickory Creek arm of the lake has been listed as a "Nutrient Enrichment" concern for ammonia nitrogen during the 2002 and 2003 Water Quality Inventory (WQI) conducted by the TCEQ. In the 2002 Reservoir and Lake Use Support Assessment, Lake Lewisville was ranked 96 out of 102 reservoirs based on a Trophic Status Index (TSI). In other words, there were only 6 of the 102 reservoirs tested in the study that were worse that Lake Lewisville. In response to the nutrient problems as demonstrated by the high TSI, and the high application rates for wastewater permits (among the highest in the State) discharging in Lake Lewisville, the TCEQ has imposed a 1 mg/L total phosphorus effluent limit for all new or amended wastewater discharge permits for the Lake. In April of 2010 the City of Denton was awarded a TCEQ 319 Water Quality to expand on the earlier grant project. This grant will proceed with implementation of the Hickory Creek Watershed Protection Plan and Increase the scope of the protection plan to include the entire Lake Lewisville Watershed. OPTIONS 1. Approve the Professional and Personal Services Agreement 2. Do not approve the Professional and Personal Services Agreement RECOMMENDATION Staff recommends Option 1, approval of the Professional and Personal Services Agreement PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The total amount of the grant as proposed is $675,485.00. The federal share of a typical 319 grants is 60 percent, which means that the City of Denton would be responsible for 40% or approximately $270,194. The City of Denton has also involved Upper Trinity Regional Water AIS - PUB Agenda Item 44 July 26, 2010 Page 3 of 3 District and North Texas Municipal Water District as partners in this grant. They will each contribute $20,667 each year for three years as part of the project totaling $ 124,002. This will offset Denton's 40% match. The total responsibility of the City of Denton for this grant is therefore approximately $ 146,192 over the three years of the grant. The contract with CH2MHi11 will be $227,200.00. The 40% match on this project will be $90,880. The amount contributed by the project partners will be $ 62,001. This portion the City of Denton will be responsible of the duration of the grant will be $28,879. This will be supported with equal contributions from the Water and Wastewater administration operating budgets. BID INFORMATION CH2MHi11 is identified in this grant with the TCEQ as a project partner along with Upper Trinity Regional Water District and North Texas Municipal Water District. DATE SCHEDULED FOR COUNCIL APPROVAL August 3, 2010 EXHIBITS 1. Professional and Personal Services Agreement Respectfully submitted: 4V4~- Jim Coulter Director of Water / Wastewater Utilities Prepared by: L David H. Hunter Manger, Watershed Protection and Industrial Pretreatment ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A "PROFESSIONAL AND PERSONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FOR THE CITY OF DENTON WATERSHED PROTECTION PROGRAM," IN AN AMOUNT NOT-TO-EXCEED $227,200 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CH2M HILL, INC., A CONSULTING AND ENGINEERING FIRM FOR SERVICES IMPLEMENTING THE HICKORY CREEK WATERSHED PROTECTION PLAN AND INCREASING THE SCOPE OF THE PROTECTION PLAN TO INCLUDE THE ENTIRE LAKE LEWISVILLE WATERSHED; RELATED TO A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") SECTION 319 WATER QUALITY GRANT THAT HAS BEEN AWARDED TO DENTON PREVIOUSLY; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVIDING FOR RETROACTIVE APPROVAL, RATIFICATION AND CONFIRMATION THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has heretofore applied for grant funding through the Texas Department of Environmental Quality ("TCEQ") and has also been participating with Texas A&M University and CH2M Hill, Inc. on two successful Section 104(13)(3) Water Quality Grants from the United States Environmental Protection Agency ("USEPA"), which grants were entitled "Incentives for Action Incorporating Trading Options into Watershed Improvement Plans for Lake Lewisville;" and WHEREAS, the City of Denton was awarded a $675,485 TCEQ 319 Water Quality Grant in April 2010; this grant will permit proceeding with the implementation of the Hickory Creek Watershed Protection Plan as well as to increase the scope of the protection plan to include the entire Lake Lewisville Watershed; with the Federal share of this grant being 60% and the City of Denton and its two current partners (the Upper Trinity Regional Water District and the North Texas Municipal Water District) being responsible for 40% of this grant; and WHEREAS, the "Professional and Personal Services Agreement for Consulting Services for the City of Denton Watershed Protection Program" to be adopted herein in the amount not- to-exceed $227,200 will continue the professional and personal services of CH2M Hill, Inc. pursuant to this Grant; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by the City, and that limited City staff cannot adequately perform the specialized engineering and other services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that 1 CH2MHill, Inc. is appropriately qualified under the provisions of the law, to be retained as a professional consulting and engineering firm for the City of Denton, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional and personal services; and that the services are in the best interests of the citizens of the City in protecting their water resources and are in the public welfare; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2. The City Manager is hereby authorized to execute a Professional and Personal Services Agreement for Consulting Services for the City of Denton Watershed Protection Program" (hereafter the "Agreement") in the amount not-to-exceed $227,200, with the firm of CH2M Hill, Inc. for professional and personal consulting and engineering services pertaining to the interests of the City, as hereinabove described, in substantially the form of the Agreement which is attached hereto as Exhibit "A" and incorporated herewith by reference. SECTION 3. The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of CH2M Hill, Inc. and the ability of CH2M Hill, Inc., to perform the professional and personal consulting and engineering and related services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of the funds as provided for in the attached Agreement is hereby authorized. SECTION 5. This ordinance is approved retroactively, and is ratified and confirmed by the City Council as of April 30, 2010. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 2 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 3 Exhibit A STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL AND PERSONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FOR THE CITY OF DENTON WATERSHED PROTECTION PROGRAM THIS AGREEMENT is made and entered into, confirmed, and ratified effective as of the 30t" day of April, 2010, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and CH2M HILL, Inc. with its corporate offices at 12377 Merit Drive, 10tf' floor, Dallas Texas 75251, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, Consulting Services for Watershed Protection Program ARTICLE H SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's proposal which the OWNER has utilized to solicit the CONSULTANT's services; which is attached hereto and is incorporated by reference as if set forth fully herein. B. To perform all those services set forth in CONSULTANT's proposal for Implementing the Hickory Creek Watershed Protection Plan and Adapting the Plan for Use in Other Areas of the Lake Lewisville Watershed, which proposal is attached hereto as Exhibit "A" and is incorporated by reference as if set forth fully herein. File 4560-Wastershed Improvements C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be fiirnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Providing gcotechnical investigations for the site, including soil borings, related analyses, and recommendations. ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Page 2 Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE IV COMPENSATION A. COMPENSATION TERMS: I . "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to the project if approved in advance by the OWNER. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "B" which is attached hereto and is incorporated by reference as if set forth fully in this Agreement, a total fee, including reimbursement for direct non-labor expenses not to exceed $227,200. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. Page 3 C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 111, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "B." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT. If the OWNER fails to make undisputed payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In addition, the CONSULTANT may, if it has not received payment by the thirty-first (31st) day after receipt of payment, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article IV, "Compensation." ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to -their use in that project. ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. Page 4 ARTICLE VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, to the proportionate extent resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Commercial General Liability Insurance with bodily injury limits of $500,000 for each occurrence and $500,000 in the aggregate, and with property damage limits of $100,000 for each occurrence and $100,000 in the aggregate, B. Automobile Liability Insurance with bodily injury limits of $500,000 combined single limits. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of $100,000 for each accident. D. Professional Liability Insurance with limits of $1,000,000 per Claim and in the aggregate. E. The CONSULTANT shall firrnish insurance certificates at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies (except Workers Compensation/EL and Professional Liability), and shall contain a provision that such insurance shall not be canceled or coverage or limits reduced without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Page 5 ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of terminatiOn. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article IV "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subeonsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT retains design responsibility and liability at all times during this Agreement and after completion of this Agreement. Page 6 ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: CII2MHill City of Denton Michael V. Bastian David H. Hunter Vice President Watershed Protection Manager 12377 Merit Drive 10'11 Floor 901 A Texas St Dallas, TX 75251 Denton, Texas 76209 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of twenty (20) pages and two (2) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. Page 7 ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XVIII PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its Sub-consultants shall be required to submit to background checks. ARTICLE XIX ASSIGNABILITY The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. Page 8 ARTICLE XXI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Scope of Work Exhibit "B" Compensation City of Denton Insurance Requirements for Consultants/Contractors Conflict of Interest Questionnaire B. CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXII. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Heather G. Harris, P.E. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT understands that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to the OWNER. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all Page 9 provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XXII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT' shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a SO mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. Page 10 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by and through its duly authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly authorized undersigned officer on this the day of 52010. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: "CONSULTANT" CH2M HILL, Inc., a Florida Corporation By: File 4560-Wastershed Inimm,cments CITY OF DENTON INSURANCE REQUIREMENTS FOR CONS ULTANTSICONTRACTORS The Offeror's/Bidder's attention is directed to the insurance requirements below. It is highly reconimended tlrrrt offerors/bidders confer with their respective insurance carriers or brokers to determine in advance of its proposal or bid submission the availabilio, of insurance certificates and endorsements as prescribed and provided herein. If rnr offero►Mapparent lore bidder fails to comply strictly with the insurance requirements, tlrrrt offerorlbidder ►nay be disgualifred from award of the contract. Upon award, all insurance requirements shall become contractual obligations, which the successful offeror/bidder shall have a nasty to maintain throughout the course of this contract. STANDARD PROVISIONS: IT7ithout li►niting any of the other obligations or liabilities of the Consultant/Contractor, the Consrdtant/Contractor shall provide and ►rrcrirrtain until the contracted work has been completed and accepted by the City of Denton, Owner, the inininn na insurance coverage as indicated hereinafter. As soon cis practicable after notification of award, Consultant/Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the proposallbid number and title of the project. ConsultantlContractor maj; upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Consultants/Contractors are strongly advised to make such requests prior to proposallbid opening, since the insurance regadreinents may not be modified or waived a er proposallbid opening sinless a written exception has been subinitted with the proposallbid Con,sultantlContractor shall not continence any work or deliver any material until he or she receives notification tlrrrt the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specijr'eations, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted.- • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A-. • Any deductibles or self insured retentions shall be declared on the certificate of insurance. • Liability policies shall be endorsed to provide the following; • Commercial General Liability and Auto Liability policies shall name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. Page 12 • Commercial General Liability and Auto Liability policies shall be primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should arty of the policies describer) on the certificate be canceller) or a reduction in coverage or limits be made before the expiration date. • Should any of the required insurance be provided under a claims-made form, Consultant/Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of two years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Consultant/Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. Page 13 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the folloit,ing marked specifications, and shall be iaintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of $500,000 per occurrence and in the aggregate shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) coveringthis contract, personal injury liability and broad form property damage liability. IX] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. Filc 4560-wastersited Imprownieuts [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [_J Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [X] Professional Liability Insurance Professional liability insurance with limits $1,000,000 per claim and in the aggregate with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City fiends. Limits of not less than each occurrence are required. Page 15 Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 16 ATTACHMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Pale 17 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; b) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 18 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 3. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with focal governmental entity This questionnaire reflects changes made to the law by H.B.1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. Nancy Belding 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later,than the 7t' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. None Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes L y No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership o€10 percent or more? Yes E% No D. Describe each affiliation or business relationship. 4 Signature of son doing business wit the governmental entity / "Date Adopted 0672912007 File 4560-Wastershed fOn)rovenierits Exhibit A CI-12M HILL Scope of Work Implementing the Hickory Creek Watershed Protection Plan and Adapting the Plan for Use in Other Areas of the LeNvisville Lake Watershed For the City of Denton, Texas PROJECT UNDERSTANDING This document describes the services that CH2M HILL will provide to the City of Denton as a subcontractor for a Texas Commission on Environmental Quality Section 319 Nonpoint Source Grant. To facilitate project management and coordination with other team members, including the City of Denton (Denton), Texas A&M University (TAMU), and other project partners, CH2M HILL's Scope of Work (SOW) is embedded within the Master SOW for the 319 grant included in the contract between the Texas Commission on Environmental Quality (TCEQ) and Denton. That contract is dated March 19, 2010. The tabular format of the Master SOW is retained to facilitate Denton's ability to manage the overall project. Task Objectives, Subtask descriptions, and Start/Corn. pletion Dates from the Master SOW are identified by itches. This information is provided for reference only. C112M HILL's responsibilities are limited to those expressly identified and described under the headings: C.H2N4 HILL RESPONSIBILITEVACTIONS; CH2M HILL ASSUMPTIONS; and CH2M HILL DBLIVERABLES. General start and completion dates are identified for each subtask and are consolidated in Exhibit 1 which is attached to the scope of work. A project schedule will be developed for Task 1.I .The overall goals of this project areas follow: Utilize the Hickory Creek Watershed Protection Plan (WPP) to achieve cost effective load reductions and transfer planning elements to other areas in the Labe Lewisville watershed through developing an information and communication process to enhance partnerships with stakeholders, foster public understanding of the project goals, and encourage: participation, implementing targeted best management practices (BMPs) that are optimized to produce the greatest amount of load reduction for the least cost within the Hickory Creek watershed, researching local code requirements and making recommendations for code modifications to further enhance nonpoint source pollution reduction, and transferring methods used to develop the Hickory Creek WPP to other areas in the Lake Lewisville watershed to develop cost effective, means of controlling; nonpoint source pollution. The general responsibilities of CH2M HILL for this grant are as follow: CH2M HILL will perform many of the project management activities in support of the City of Denton, provide support for stakeholder/Project Partner/public involvement activities, pcrforni design of the BMPs, assist in implementing the construction of the BMPs, perform economic and regulatory evaluations, assist lire City of Denton in reporting to the Commission, and produce Technical Memoranda and a Final Report. CH2y1 Scope_Cityof )enton_319-09_Final.doc Page I of 15 TASK l : PROJECT ADMINISTRATION Objective: To effectively coordinate and rrronitor all technical arrd frnandal activities petfonned under this contract, prepare regular progress reports, and manage pra'ect rles and data. i1tASTE • rYfinutes of Post-Award Orientation Meeting Uelivt~~7l~fes • ens • IterrnbursementForrns ♦ Alinutes of Quarterly Contract Conference Calls • Contractor Evaluations Project Fact Sheets r Annual Report tlrticles MASTER Project Oversight The City of Dentnn crud other project tearrn nrernbers {Project Team) will provide Subfii sk 1,1 technical arrd f scat oversight of Denton's project staff, other grant partners, and contracted resources to ensure Tasks and Deliverables are acceptable, and are completed as scheduled and lvithin budget. Project oversight status rvill be proi,ided to the TCE'Q with the Quarterly Progress Reports (QPRs). This task ivill include an internal project planning session to charter roles and responsibilities and to con f r rn and refine proms milestones. _ Strrr1Owe: 1'Vanth f C-,'oinpletiu3~17rjle 11onth 36 642i11 it L CH2M HILL RESPONSIBILITIES/ACTIONS: Sub iisk 1.1; . CH2M HILL will organize and facilitate one internal project planning session at the outset of the project to charTter file project team. CI-12M HILL ASSUMPTIONS: • CH21\4 HILL's responsibilities relative to activities mentioned in iviaster Task 1.1 are addressed under other subtasks (e.g., QPR,-,). CH2M HILL's oversight of its tasks and deliverables are addressed within these tasks. C112M HILL DELIVERABLES: Organize and deliver the chartering session Charterin > a enda, materials, and notes MAN1 ER QPlts The Project Tema will submit QPRs to the TCEQ b), the 15" of the n orrt/r f01101 in ecrclr state Sabtas1; 1,2: fiscal cluarterfor incorporation into the Grant Reporting and TrackingSystern (GRTS). Progress reports ivill contain a level of dote l sufficient to dornme w the arfivities that occurred under each task during the quarter; and will detail the status of task deliverables. Progress reports ivill be distributed to all project ariner:s. Start Date: rlfanth 1 Completion Date: iLlouth 36 C112M HALL 012NI HILL. RESPONSIBILITIES/AC'T'IONS: Sribtask.l.2: CI-12iv1 HILL will prepare the draft QPRs for the City of Denton; solicit and process input as needed fxonl other team members including Denton; finalize the QPRs and transmit therm to Denton's Project Martager. C112M HILL ASSUi'IPTIONS: Other team members will provide accurate input in a timely manner, sufficient to meet the quarterly deadlines. CH2M HILL DELIVERABLES: Draft and final QPRs. IMASTER Reimbursement Forvns - The Project Teanr.will submit Reirrrbur:senrent 11orrrrs to the TCEQ by the last subtask 1.3: day Qf the month fallowing each state-fiscal quarter. For the last reporting period of the project, reirrnbursenrent fjrms are required on a monthly busts, jcnr the rrronths ofJune, July, and,4ugust. Start_ late:. 41l071th I Completion Date: illonth 36 C1'12M_Scope Cityot'Dertton_319-t)9 _i-inal.doe Pngc 2 of 15 C112,Ir MILL CII2M HILL RE SPONSIBILITIESIACTIONS: Sitblask l'.3: CH2M HILL will submit monthly invoices to the City of Denton. CH2M HILL ASSUMPTIONS: Denton will provide or approve an invoicing template. . C112M HILL DELIVERABLES: Month/ invoices. MASTER Cottti act Cotnntittticatloti - The Project T eoiia will par7icipate iii a post-aitw-d or'ietitation meeting i►SItlI Sttbtask 1.4: TCEQ jWthin 60 clays of contract execution. The Project Teartt it,ill tnaitittiin t•egitlat• telepliotte ctndlor email communication ivith the TCEQ Protect i'vlanager regarding the status and progress of (lie project uvith regard to any matters that require attention between QP16% This will include a quarterly call or meeting (e.g„ each January, April, .fitly, and October, or as may be established consistent whit the project start (late). 1linutes recording the important items discussed and decisions made daring each call uIll be attached to the relevant QPR. Afatters that will be comonnaicated to the TCEQ Project Manager in the interim between QPRs include the following: • Requests forprior approval of activities or eipentlitures for ivltlch the contract requites adi>ance approval or that are not specificall), included in the scope of uvrk • Notification in advance when GINNTEE has scheduled public meetings or events, initiation of construction, or other major task activities under this contract • Information regarding events or circumstances that may require changes to the budget, scope of work, orsclietlttle ofdelivet•ables--.with iiijormatiort mast be reported ivithitt 48hours of discovering these events or circumstances C'112NI "ILL CH2M HILL RESPONSIBILI'T'IES/ACTIONS: 5tibt;tsl:1.4: . CH2Pv1 HILL will participate in the post-award orientation meeting and quarterly calls with TCEQ3 as requested. CH2M HILL will take notes of these meetings and attach them to the relevant QPR, CH21\1 HILL will comet-u icate to Denton important matters, such as those listed in master subtask 1.4 between QPRS. CH2M HILL ASSUMPTIONS: Denton's Project Manager will establish the giiarterly call/meeting schedule with TCEQ, and coordinate availability as necessary with CI-12M HILL staff. CH251 HILL DELIVERABLES: Participation uz calls and minutes. IIAS't'ER Contractor Emlttation - The City of Denton ii ill participate in an annual Contractor livahiation. kSui~Msic 1.5: Skirl D te: 14onth 7 Corr- 'lesion burro: _ klonth 36 CH2AT HILL CIdZ- I HILL RESPONSIBILITIES/ACTIONS: Sttbt,is! 1.5: CH21r1 HILL has no responsibilities -under this task that are not addressed by other tasks/subtasks. CH2M MILL ASSUMPTIONS: The City of Denton will not require additional information from CI-12M HILL to complete the evaluation beyond the QI'Rs, interim worlk products, deliverables, or ordinary verbal and email communication with CH2M HILL. CI-12M HILL DELIVERABLES: None. AIAST ER Project Fact ,Sheet - The Project 7'c?ain will develop a one page fact sheet of the project using the TCEQ Si btask. I.6. tlronpuba .Soon-ce Projects Template. The,fet sheet will briefly describe what the project is going to accomplish and it'illprovide background it formation on ivhy the project is being conducted, the c•ttrrent status of rite project, card it ho it involved in the project. The prc7ject fact sheet will Lre sttbtrtitted to the TCEQ ivithin 60 (lays after contract initiation. The fact sheet it'll/ be updated annually, and submitted utdth thefourth QPR. fldditional updates will lie generated periodically as theproject.stalus changes. The fact sheet will be published on the City of Denton's uvebsite gfter approval front the TCEQ Project Manager. Cr12,M-Scope_CityofDenton. 319-09_1'inal.doc Page 3 of 15 StrtrY Drrte Month 1 C'oniplction Date: Month 36 CH2141 1111A, CI-12M HILL IRESI?ONSH11LITIES/ACTIONS: sub task 1.s: C142M HILL will provide information to Denton for developing fact sheets as deliverables for Tasks 2, 3, 4, 5 and 6. CH2M I-JILL ASSUMPTIONS: CH2NT I HILL will provide the project results as content for the fact sheets and Denton will write and deliver the fact sheets to TCEQ. CH2M HILL DELIVERABLES: Deliverables from Tasks 2, 3, 4, 5 and 6 as content for the fact sheets. ,11 1 I:R Antitral Report Article - The Project Teani will provide an article for the Nonpoint Source Annual 8 17 Snbtask 1.7: Izepor't upon request by the TC&'Q. Ibis report is produced annually in accordance }tdth .Section 319(h) of the Cleart 1i'aterAct (CIVA), and is used to report Texas' progress toward meeting the CIVA § 319 goals and objectives, and totwr d implementing its strategies as defined in the Texas Xotapoint Source fanagenient 1'rogr am. The article will include a brief summary of the project and describe the activities of the past fiscal year. .Start D ale' M( nth 7 C_'c.}trt~letic rr Dale,. rllonth 36 C 112NI IffU CH2M HILL RESPONSIBILITICSIACTIONS: Subtask 1.7: CH2M HILT, will provide information to Denton for writing annual articles as deliverables for Tasks 2, 3, 4, 5 and 6. C112M HILL ASSUMPTIONS: CH2Iv1 HILL will provide the project results to Denton as content for the annual articles. CH2M HILL DELIVERABLES: Deliverables from 'T'asks 2,3A 5 and 6 as content for the artnual articles. TASK 2: STAKEHOLDER PARTICIPA' JON Objective. To develop an infor ination and conrnntnication process that informs the public. Vie process will he used to enhance partnerships tivith stakeholders, foster a public understanding of pr•ojectgoals and objectives, and encourage participation in developing, selecting, designing, iniplernenting and maititairtirrg appropriate BilIP.s. The process will also help the public achieve a better understanding of land use activities and their inn act on isater uality. -M,WrER Successftd pt.iblic aml.vtcrlreliolder' participation as indicated I}y rneeting attendance. rosters and feedback SUCCess received, and Project Partner participation, as indicated by the amount of collaborotively developed 8"cn'sUITS, itforination to be distrihitted to stakeholders and the public and/or project coot orients. MASTER . List of identified stakeholders (ivith appropriate QPR) beliveralrles . Updates to stakeltolder listldatabase (as applicable, with QP16) • Draft and Final Contnrunication Plan • Public meeting notices, agendas, handouts, meeting materials, attendee lists, etc. 11 copy will be provident to the T( E(_) project manager for revteu, and approval prior to publication 11 eb site updates I -ASTER Prepare a Collunurrlcation Plan - The 1'rv%ect 7Euin twill develop a cominunicativn plait intended to Sribtask 2.1: garde eon) rrunication with fire slak-ehuhlut 4rotip urrtI the Pt-q ect Par-trrers (defined irr Task 2. 3), its Iw11 ins the public in general. The result of this task it,ill be an e/fectlve communication plan to iT for nr the public and stakeholder group regarding the project and to solicit their input. The plan will also inchicle a f'aine.work it,ith ithich to iiforin the Project Partners regarding previous and concurrent gfforts performed by the Project Tearn, as lt'ell as to obtain input, expertise, and existing pertinent a formation developed by the Project Partners. Tlie cornririttticatiorr pl(trr it ll be irnplernertted tliroiigli a i,ai- et)' Of conununication methods, including a series Uf public meetings. It itill include a briej, pre first public rneeting questionnaire to solicit in tat/feedback for rneeting agenda development and schedule. Start Date: rllonth 1 Cornpletton Date: Abfonth 3 C'112M_Scope CityofDenton 319-09 f iiiaLcloc page 4 of 15 •C-1121lIL CH2M HILL RESPONSIBILITIES/ACTIONS: S, blask 2,1; CH2M HILL will develop a draft Communication Plan for review and comment by Denton and other project team members. This Plan will be of minimal textual narrative and rely on tables, matrices, bullets, w-id other summary formats to organize and convey the basic information contained therein. CH2A4 HILL will develop a draft, brief, pre-fi t;st public meeting questioraiaire (similar to that developed for the previous project) and finalize the survey with input from Denton and other project team members. CH2M HILL ASSUMPTIONS: A short, efficient, and actionable communication plan is sufficient. The Communication Plan will include a list of identified stakeholders and project partners. A survey of no more than five questions is sufficient. The questions and stakeholder list shotrld be developed at the chartering session described under Task 1.1 CI-12M HILL DELIVERABLES: Draft and final Communication Plan, including List of Identified Stakeholders (list also submitted with proximate QPR) Draft and final questionnaire MASTER Stakeholder Participation - Stakeholeterparlicipation will he engaged via meetings or workshops held at Sttbt,~sk 2.2; a frequency cloned by the stakeholders and the Project Teanr. The meetings will be open to the public; invited stakeholders ivill Include, but are not ltrutted to: the Project Partners (see also Task 2.3), the Clean Rivers Steering Cotrnnittee, Trinity River Authority, North Central Texas Council of Governments, T CEQ, Texas State Soil and lVater Conservation Board, local stakeholders, arid other state and local authorities. The tneetingrfivor kshops rs illprovide an opportunity to transmit study goals, activities, and results to the stakeholders in the Planning tlrea. Final meeting announcements and agendas will be distribrtted andforpublicly posted at least 15 flays prior- to the meetings (e.g., written invitations and announcements, rnchtdrng,nail, email, fax, and posts on the project's ojjicitrl rvebsite). Meeting arirtotrncerttertts ii,ill be provided fo the TCEQ r o 'ect rrianager or` r-evieiv anti approval prior to posting. Sttzr t Pine: Month 1 Corrrj~It ficrrr L)~tc? ~Ylarrth lb C;112li MLL CH2M IIILL RESPONSIBILITIESfACTIONS: si►btask 2,2: . CH2M HILL will develop an overall "syllabus" for the meetings consistent with the Communication Plan to pre-identify topics and objectives aligned with the project needs and schedule. CH2M HILL will help plan and deliver the rneeth-igs, including preparing meeting materials (agenda, handouts); providing facilitation; and recording discussion, key input, decisions, action items, and next steps. CH2M HILL ASSUMPTIONS: "There will be between 4 and v meetings (some of these maybe combined with the project partner meetings, see Task 2.3). The City of Denton will prepare the meeting announcements, provide to TCEQ for review, and post the announcement on Denton's web site. CI-12M HILL DELIVERABLES: • Stakeholder meeting "syllabus" (appended to Conmiunication Plan, see Task 2.1) Meeting attendance, facilitation, n1aterials, and motes CH21N,l_Scope_Cityotf)eiitou_319-09_Fiiial.doc Nigc 5 of 15 4m,STER project Partner Participation - Project Partner participation hill be included nvith the stakeholder Suutast: 2,3: participation activities described in Task 2.2, bill will also inchtde, among other methods, Partner= specific meetings, workshops, conference calls, and web-based information transfers. Project Partners include, but ctre not litnited to, earth Texas Municipal {t'aterDistrict and Upper Trinity Regional {mater District. The rrteetingshvorkshops ivill provide an opportunity to transfer study goals, general ideas, firtttre plans, existing ittfornnation, etc. between the Project Team and the Project Partners. Additionally, the Project Partner's will be used as senior technical resources chrring the developtnnt of materials to be distribatted and dissemination of information to stakeholders and/or the public (Task 2.2), as ivell as BbIP intplernentation and local code nnodiflications. Start Tate, Month I Co npletim -D,nte: Month 36 (;t.i2isl HML; CH2M HILL RESPONSIBILITIESIACTIONS: Sitbtask 2.3: . CH21A HILL will develop an overall "syllabus" for project partner' meetings consistent with the Coromm-dcation Plan and with activities in Task 5 to pre-identify topics and objectives aligned with the project needs and schedule. CH2laI HILL will help plan and deliver the meetings, including preparing meeting materials (agenda, handouts); providing facilitation; and recording discussion, key input, decisions, action items, and next steps. CH2M HILL ASSUMPTIONS: There will be between 2 and 3 meetings (one or more of these may be combined with the stakeholder rnneetings, see above). C112M HILT, DELIVERABLES: Project Partner meeting "syllabus" (appended to Comnntunication flan, see Task 2.1) 9 Meeting attendance, facilitation, materials, and motes 11 i5't't;K Public Coordination --lidditionnal activities twill be undertaken, consistent with stakeholder input, to Subt:tsk 2:1: dissenninate it formation about the project to lire public. Updates will be provided for inchrsion on the City of Denton's nveb site and the TCEQ tireb site if applicable. Periodic newspaper articles or other articles (e.g., rteit~sletters arttl journals) tray be published as iG~ell. T Iae Project 'T'eam iiiill coordirutte ~s~illr relevant entities andlorgrottps to solicit input, participate in public meetings, and provide in for rnation acid input on project development. StartD ate: ~1lorrth I C'onnploliori Date: Month 36 C.1 zM,H11A. C142M HILL RESPONSIBILITIFS1AC1'IONS: St tttask.2.4: . CI-121 ~I HILL will identify potential additional public coordination activities in the Communication Plan developed under Task 2.1. CH21VI HILL will help develop materials for this additional coordination. C112M HILL ASSUMPTIONS: Minimal effort will be needed to revise or adapt existing project materials produced under other tasks to support this coordination. The City of Denton will be responsible for making initial postings on its web site, posting updates, and transmitting to TCEQ any postings for the agency's web site. CH2M HILL DELIVERABLES: Materialsredontittantl develo ed under other tasks modified and tailored for this task MASTER Progrann Coordination The Project Teant will coordinate with ongoing outreach programs (e.g., Texas Sahtask 2.5: 0atershed Sletivard Program and Texas Streant Teant) to inform the public and solicit their input on B11P development. Start Dole., ailonth I Completion Date: Plonth 36 12i<-Z HILL CH2M HILL RESPONSI-BILITIESIA.CTIONS: Sut?task 2.5, None CH2M HILL ASSUMPTIONS; None CH21AI HILL DELIVERABLES: None CE121N]__Scoi)c CityotDcntoii311-09_Fin,il,doc Page 6 of 15 YNSK 3: IMPLEMENTING THE HICKORY CREEK WATERSHED PROTECTION PLAN, PART . BEST MANAGEMENT PRACTICE DEVELOPMENT uhjectivei To imploment targeted managetnentpractices that are optimized to produce the greatest amount of load r•edttction for the least cost within the Hickory Creek watershed, rising the processes and procedures described in the Hickory Creek JYPP. il'I.iSTT,R Completion. of intplementation of fain to six BMPs that crre opiitraized to produce the greatest attiottrrt of Slemis load redaction for the least cost, demonstrated load reductions through modeling, and construction lV#eamt'es certification documents. Qrrgoingstate and local monitoring, stream assessment activities, and other indicators may veri iut roved water quality In .the Hickory Creek arm ofLake Lewisville. 1L~S`1'1.R • Prioritized list of BAffP type and location presented to stakeholders llcliti crz►I~lcs • Draft BjVP design drawings with attached standard details • BIV.P Construction Documents ancdBMP Construction Certifications Load Reduction Estitnates (included in the Find Report) • Report summarizing activities for this Objective f MASTER BAIP Implementation Sites --1110 Project Team will Ilse the research, evaluation tools, and Subt;tsk :3.7: recommendations of the Hickory Creek JVPP, as well as input front Project Partners and stakeholders to develop a list ofPiliP implementation sites. This list of sites and alternative BMP(s) feasible within those sites will be developed and prioritized using the modeling and optimization approaches outlined in the Hickory= Creek 11W, which is based on optimizing costs versus load reductions. Preference will be given to sites identified for XonpoinI Source controls in the Htckoty Creek UP and with minimal requirements for acquisition of property, rights-of-way, or easements. Candidate sites, including both new development areas and retrofits, wild be presented to the Stakeholder Group and Project Partners far consideration and input during one to two public meeting(s) to narrow the candidate list to 4 to G final BillP/implementation site combinations depending on tltc size, costs, and specific site conditions of each proposed B11P. The BjVPs will consist of a combination of graded grass watetways/frlter strips, detention/retention, and infiltration basins_for urban land. The B1bIPs will be located within the Denton City limits or eetrater-rilorial jttr•isdiction. The BrblPs will be targeted to areas with the highestpolhrtant lands. The yearly pollutant load [reduction] estintates fr out BMP implementation are as follows: • Sedilnnt =120 tons • Nitrogen= S4 pounds • P_ hos phoraus = 173 pounds ,Stcrrt:Date: rblonth I Corr pletian Date: Montli 4 Ct12M_Scopc CityofDewon_319-09_Fimnl.doc Page 7 of 15 CN2,N1 iii-LL CH M HILL RESPONSIBILITIES/ACTIONS: CH2iYI HILL will St tai 1s1: 3.It . Beginning with the list of candidate sites already submitted to TCEQ, atutotate and augment this list as appropriate with information from the BMP optitxtization tool developed under the previous project, and produce a draft prioritized listing for consideration by stakeholders and project partners (see Tasks 2.2 and 2.3). The annotations will identify the types of BMFs that are potentially applicable to each site. Teased on stakeholder and project partner input, as well as limited evaluations of selected sites, CH21A HIM.. will recommend the 4 to 6 BM/site combinations that should be submitted to the design phase Linder Task 3.2. C112M HILL ASSUMPTIONS: Sufficient information exists in the BMP site evaluation and optimization tool developed for the previous 319 project to generally locate priority sites. The City of Denton will provide additional information necessary to refine the tool's site attributes (for example, the sites currcrntly defined in the tool can be up to 100 acres and are not assigned attributes that accomit for property ownership, access, etc.) or such information will be readily available front public sources, GIs databases, etc. Site-specific research and/or additional water quality modeling will not be conducted by CH21Y1 HILL for this task It is noted that Texas A&M University may or may not adjust its previous modeling to support this effort. If so, it is assLUned minimal effort will be required to update the BMP optimization tool with the new loading data. CHEM HILL DELIVERABLES: Draft prioritized list of BW type and location presented to stakeholders attd project partners Final prioritized list of 4-6 BMPs for design Report summarizing activities for Task 3.1. Deliverables for Tasks 3.2 and 3.3 will be appended to or integrated with the description of the process and results of the site selection (Task 3.4 will be documented under Task 6). ANIASTER B,11PDesign Site siavey and geotechnical data will be collected to a level of detail neecssnty to ; iibtasi:3.support deskgn ti3,ithinptafessianal etagitreeriltgstattclatzlr. Vie construction docttntcmts will make itse of standard state and local design specifications and details, and will consist of design draislings with attached standard details. tart cite: rltonth 4 CcJnipletionDate; i,4o11t11 10 C11"2111 HILL: C112iVI HILL RESPONSIBILITIES/ACTIONS: Sttbtask.3.2:. CH2M HILL will design each BMP/site combination using hydrology data and design standards local to the area. Construction documents for each BNIP will be prepared and will consist of design drawings with attached standard details. C112M HILL ASSUMPTIONS: Construction will be perforated by the City of Denton. Construction documents will make use of standard state and local ciesisgrn specifications and details. No specific ted-i tical specifications will be needed fvr the cu115ii:UC1i 7tt of the 13NIFs. The construction projects will not be publicly bid. C112M HILL DELIVERABLES: • Draft BIVIP Design Documents Final 13N1P Design Documents Page 5 of I S CIS 2 it•t_scol3c_CityotDetiton_319-09 I',i nal.doc raS'•IL 13Vp Construction and Certification - This task inchides the constr•atetion ofBM.Ps through the City of Si ts;}sic 3;3-, Denton s existing programs, applying state and federal pr•ocurentent r•equb-entents if needed. BMP constniction certifications ivill be provided to ensure the BMPs ivere constructed as intended. It should be rioted that the City of Denton vvill utilize City staff for construction. These construction activities tivill involve fill municipal oversight, including enstar•ing safety and ninrtnizing construction iin acts. }S'tar, Dale: Month 12 Cozlt111(Ji0h Dale: Month 21 cIt211 niut. CH2M HILL RESPONSIBILITIES/ACTIONS; SUbtask 3.3: . CH21\A HILL will provide BMP construction certifications to ensure the BI,IPs are constructed as intended in the design drawings (Subtaslc 3.2). CH21VI HILL ASSUMPTIONS: • The City of Denton will utilize City staff for construction. • Construction activities will involve full municipal oversight, including ensuring safety and minin-izing construction impacts C1121VI HILL DELIVERABLES: • Construction Certifications jVIASTER Load Reduction Yeryteation --Load redactions and/or 3vater quality benefits residlingfroin the Si€htiA .3.=4: inlplentented BMP.s tivill be estimated using.simple spreadsheet models (site specijic), the previously developed SlVATIQUAL-7X model, or a similar defensible modeling approach. This it formation will be provided in the ITnal Report (-'ask 6). Slarl Doty. Month 18 C'(unpletion Date: Month 33 012NI HILL CH2M HILL RESPONSIBILITIES/ACTIONS: CH2M HILL will estimate load reductions and/or water qualitybenefits resulting from the implemented BIV1Ps using a simple spreadsheet model (site specific). C112M HILL ASSUMPTIONS: • Should it be desired, employing the previously developed SWAT/QUAL-TX model or a similar defensible modeling approach would be performed by Texas A&M University. C112M HILL DELIVERABLES: If CH2M HILL performs verification, this information will be written by CH2M HILL for inclusion in the final report. T S[t'4: IMPLEiVIENTING THE HICKORY CREED WATERSHED PROTECTION PLAN, PART 2 LOCAL, CODE MODIFICATIONS t rhj(:70i e- TO research and make mconnnendations for local code reclui)-etnents to f o-thee enhance nonpoini source pollution reduction, to inchide potential additions to local codes so that these codes more adeilmlely address rtottpoirttsottice pollittiort front itt•bart develomnent. i1L1STFIZ Completion of local code niodifrcation that may be adopted to reduce nonpoint source pollution. Sile ss ytea~t€ie~ INIASI'Et2 • Technical Report outlining local code language recotrnnendations Deliverables MASTER Research and Recontntendations for Code Language `L'ire Project Team will use the regulatory Skill iw"'h'4;1:. assessment perfonned for the Hickory Creek IVPP and resulting 1-ecommendations contained in the iVPP ris a basis to develop proposed language for Den ton's municipal code. The Project Team ivill seek additional input { crtn the Project P{inner s and the Hickory Creek Stakeholder Group to f tither develop and refine the concepts arirl rlcvelop itrtplerrtentrrtioii larrgtiage. The itttettt of the proposed langitcrge ltdll be to evaluate establishing water quality targets and incentive-bttsecl pro;rrtnts in order to increase the level of nonpoint source niant gentenl by public and private entities and enstir•e the resulting BjWPs are as cost-effective as possible. Start late: ltsonth 1 Cortrpletion Date: klonth 33 Page 9 of i 5 C il2 41_Scope_Cilyotl)cj»oo_319-09_Finnl.doc 012M xiLL CH2M HILL RESPONSIBILITIES/ACTIONS: St ~3task 4:1: CH2M HILL will use Chapter 8 of the Hickory Creek WPP, and technical memoranda that provided the basis for this chapter, as well as selected sections of Chapter 10 as a starting point for this task. A framework for additional/ revised code language will first be developed in consultation with the City of Denton. This framework will then be shared with Project Partners and stakeholders, through the activities under Task 2, to solicit their input. Based on additional input from Denton, the framework will be finalized in a form for practical consideration by the City. CH2M HILL ASSUMPTIONS: Denton's project manager will identify other City staff that should be included in this task and will facilitate conference calls acrd weetitigs as needed to develop and vets the recommendations. CHZAI HILL DELIVERABLES: Draft and final report outlining local code language recommendations as related to market- based incentives for sediment and nutrient control in the Hickory Creek watershed. TASK 7: TECHNOLOGY TRANSFER FROWT HICKORY CREEK-WATERSHED TO LEI WISVILLE LAKE WATERSHED ObiecGN,e: To leverage the analysis and recom,nendations of the Hickaq Creek WPP into a largergeographic area of the lake Lewisville watershed for• the purpose of evahrating and developing itnpletnentation ff -atnett-orks for opthnizing BMP selection and installation and introducing incentive.-based ,nechanistns to support pollutant reduction targets in selected scab-watersheds for• the benefit of the entire svratershed. The result will be an identficalion of the tivays W Witch the cost-effectiveness ofineeting overallpollutant control and reduction goals could be unproved )rith greater reliance on RjWs than currentlyfomeasted, . essfid development ref partnerships in the Lake I ewistiille JF'atershed Hurt facilitate the transfer of lIA51'ER Slice Siteeess technology and methodology used to demlop the Hickory Creel: II'PP resulting in cost effective broader lIemures scale NIP intplenaewation and f rite improved stater gnnlity in lake Levtlisville. NNIASTER + Technical Report docurnnting the methods, analysis, results, and t•ecottanaettrlcataotas pr'odatcell by the pet verat7les activities describer) under 'T'asks 5.1--- 5.5. Y1 xhnicral reports for one or store of the individual task results rtaay be combined as seems appropriate to the content and audience. iw-ASTI",V Data Gathering and Analysis - Coneurrent with lite Hickoty Creek focused efforts, the Project Team Sa.btask.5.1 and Project Partners (VI'aV1JVD and UIRIVD) shill gather and es aluate pertinent infortncation front the research conducted by the Project Partners and is,ill integrate this itrforrnation with the itforrnation available through the Hickoty Creek JVPP and relater) efforts. The Project Teant will evaluate these Sources of intfornuation in coryunction with the existing; itnirlementation strategies outlined in the Hickwy Creek II'PP to determine the products nerled to facilitate an optitnized BAIP implementation stral sy for areas under the 'trrisdicuon of the Prnjr:rrt l'artrterx arad the Cit}, ofDetttott. Start I7crte: rl lontla 1 Completion .Date: Alonth 33 CHA-1_Scope _Cityotl)eiston_319-09 Piii,,iL roe Page 10 of 15 C-H21I int'l, CH2M HILL RESPONSIBILITIES/ACTIONS: S fhlnsk S, I : ! CH2M HILL will lead the effort to identify the relevant data and documents that should be collected and evaluated, relying in part on the activities tinder Task 2 (e.g., Partner Meetings), augmented by additional meetings and conference calls. This will be a bottom- up and top-downs effort, meaning CH2M HILL will solicit project partners to submit/identify data, and will also provide bPnchn-rark examples of the types of data and documents that were used to develop the Hickory Creek WPP. This will include gathering documents and other information that describe existing sediment and nutrient control strategies in place and tender consideration by project partners. C112M HILL ASSUMPTIONS: Project partners will provide documents and data in a form that is readily readable, viewable, and/or mmnipulateable by CH21VI HILL (i.e., CH2M HILL will not perform extensive data conversions or scrubbing under this task.) CH2M HILL DELIVERABLES: Documentation of this task in a stand alone report, or combined with another/other Task 5 documentation-to be determined in consultations with Denton. -MASTEIR Identification of Teehnology Transfer Opportunities- Upon reviens, of existing itrforrrnation (Task S. 1), Stsbtask 5.2: the Project Temn will determine how this it formation can be used to leverage the analyses, methods, and results of the Hickot y Creek PVPP into to set of transferable irnplerrrentation methodologies. To Yuppurt this evaluation, the Project Team will conduct a Strengths, O'eaknesses, Opportunities, and I3arrler s (SWOB) analysis of the eurrant pr•ogranrs teltating to B.MP irnplernentation it) other areas of the Lake Lot,istille statershed to enhance current aPproaches_for snore cost-effectAv pollutant redactions. A key focus will he on identifying haw leveraging the Hickory Creek IVPP can help capture opportunities and eliminate or mitigate barriers through inrpletnenlation fools, market-based incentives programs, technical support fpr• BIVP o tintization, and similar approaches (set Task-F 5.3•-5.5). Star, Datt : Month .1 Cotrrpletion Delle tllonth 33 0112.11 tEl CH2M HILL RESPONSIBILITIESIACTIONS: Silb(ask 5.2: CH2M HILL will perform the analyses and evaluation described in Master Subtask 5.2, The preliminary findings willbe documented in such a way and format to share with Project Partners and stakeholders for their review and input, including presentations daring the meetings schedtnled -render Task 2. CH2M HILL ASSUMPTIONS: The materials collected under Task 5.1 imd related discussions with Project Partners will provide sufficient information to conduct these evaluations. CH2M MILL DELIVERABLES: Documentation of this task inn a stand alone report, or combined with another/other Task 5 docutnnentation--to be determined in consultation with Denton. IYAS'rFR Cost-Effectiveness /inalyses Vie Project I 1carrr will update to the extent necessity and possible the Subtask 5.3: pollutant reduction, intplernentation cost, rind resulting cost-effieetiveness estimates for• the set of -tVfP- land use combinations evaluatetl for the Hickory Creek ITTP so that the esttnlates are applicable to the jrttger•Lake Lr~tt~isville itatershrrl tl .cut n/• "default "Ixrllutartt c°rjtttr'nl npliota.c rrnf irtt~olvfng these l1~LfP.r will be identified as being planned or tinder consideration for inrplernentation within the nvatershed inehidin•i~, for exrarnple, additional treatment at drinking neater facilities and upgrading ns astewater treatment plants. For each such option, a cost-effectiveness "prof le" will be prepared that provides an estimate of polla.tttant reduction capabilities (mass-based ooer appropr.icate temporal periods), ]tnplententation costs, and resulting cost-effectiveness (oil a aunt cost as ts7ell as total cost basis). 7'he cttrcalysis twill then eottrpar•e the coratr•ol ectpcabilities of the BilfPs io the other- options. The result still be tan cassessnaent of lire svuys in which the cost-e fectiwness of ineeting overall pollutant control and reduction oats could be inn roved tisith greater reliance oil BA1Ps than currently forecasted. Stall Rate Adonth 1 Completion Late: itlontlr 33 CFIZYI Scolrc__CityofDento»x319-09 FinnIADc Page 11 of 15 CWNT UILL CH2M HILL RESPONSIBILITIES/ACTIONS: Sllbta sik 5.3 . CH2M DILL will update the cost assumptions and estimates in the existing BMP optimization tool as discussed h-t Master Sub task 5.3. • If sufficient data are available, the loading assumptions in the tool currently specific to Hickory Creek will be replaced with data applicable to the larger watershed. CH2M HILT . will define "default" control strategies and develop cost estimates for them based on input and data contributions from Project Partners. The cost-effectiveness comparison of pollutant control options described under the Master Subtask will then be performed similar to that performed for the Hickory Creek WPP, tailored for the data and options provided for this analysis. CHZM HILL ASSUMPTIONS: It is assumed the same Iand use categories and BNIPs will be retained as currently exist in the tool for any update, or that substitutions can be made in such a way as to riot involve significant effort to revise or add categories or BNIPs. CH2M HILL DELIVERABLES: Documentation of this task in a stand alone report, or combined with another/other Task 5 doctmientation-to be determined in consultation with Denton. NiAS't'L+'i . Market-Based Pollutant Credit Trading Based on the results of the cost-effectiveness analysis, the sllb lsk 5.4: P1 eject Teatrt Mill Cortclttct a prelirninury atialvsis of the viability of ct market for 1vater clrraNy credit trading (e.g., sediment and/or nutrient credits) in the Lake Leivisville watershed in areas larger than, but including, ,Hickory Creek. The opportunityfor trading ivill exist to the extent that more cost-effective alternatives than the default corrtr•ol scheme (sec Task 6.3) exist. Urtdct- this task, the Project Teanr rs>ill perform the research needed to create pro forma trading scenarios that illustrate the trades that are potentially feasible based on technical (i.e., relative supply and demand among potential trading partners) and economic considerations (i.e., relative cost- gflectivenesS among control options). Any discussions or coordination u4th stakeholder; to seek irr tit and resent restdts wilt be included in Task 3. Start Date; alforrtlr 1 Corrtl~lc'dort Late. ~Ilonth 33 CUMNI HIM, C112M MILL RESPONSIBILITIES/ACTIONS: Subtask SA: CH2M HILL will perform the work described under Master Subtask 5.4 above ilia similar fashion to that performed for the Hickory Creek WPP, and the two previous water quality credit trading analyses performed by 0-12M I -JILL involving Lake Lewisville. CIIZIVI HILL ASSUMPTIONS' A sufficient data, regulatory, cost-effectiveness, and policy basis exists to perform this task, considering the results and findings of Task 5.2 and 5.3. CH2M HILL DELIVERABLES: Documentation of this task in a stand alone report, or combined with another/other Task 5 documentation---to be determined in consultation with Denton. MASTER RegionutiYonpoint,Source Alanagenreut Progr•ant 13asecl on the results of Tasks 5.1 through S.9, the Sribtask 5.5 Project Team will evaluate the need and opportunity for a mechanism(s) to help coordinate nonpoint source rrrcrncrgerne►rt pragrarrrs, including apthnized B111Ps and 131 Rs that rimy be implemented to venercrtc~ trrrcictltlelrv>llrrtrrrrt crryrlit.c T/ri,c evrrltratiorr ivilllikt~ly examine win>.s to cocrrdirtcrte tc}clinical artd planning activities, and, based on the results of Tasks 5.3 acrd 5.4. will inclucle evaluations of the regulatory rtrrd aclrrrinisb•ative fi•rrrrre~s>or•ks drat could support pollutant credit traclirrg, including, as applicable, a regional credit exchange un a watershed scale. Start Date- 1116r1 th I CotpletionDate; rlfontlr 36 Cki2h4 Scopc CityollleE~tos~ 31~)-09 Final.clo~ Nip 12 of 15 C02NNIUIt,I, C112M HILL RESPONSIBILITIES/ACTIONS: IIItask CH2M HILL will perform the work described ttnder Master Subtask 5.5 above u1 a similar fashion to that performed for the Hickory Creek WPP, and the two previous water quality credit trading analyses performed by CH2M HILL involving lake Lewisville. C112M HILL ASSUMPTIONS: A sufficient data, regulatory, cost-effectiveness, and policy basis exists to perfnrrr► this task, considering the results amid findings of Task 5.2, 5.3, and 5.4. CH2M HILL DELIVERABLES: Documentation of this task in a stand alone report, or comnbined with another/other Task 5 documentation-to be determined in consultation with Denton. TA S K 6: FINAL REPORT Ubjectivci Top oovide the TCEQ and the E'Prl with a eonaprehensive report on the activities perfortrred as apart of and successes of the above described project. The City of Denton will also conduct an assessrirent of the ilata far this report. Tl~e f ratl repurl svil! irrdrtcle ftrrct! versrvrrs of ctll T'ecltrtacal Merrtvrarrclu Specified or each task. 1I.~S I L [t • Draft Report Deliverables , Final Report INIA.STER - Draft Report Tire final report ittill nnnrnar ize and synthesize all project actin>id es, findings, and the itbttisk 6.1: contents of allpreviotts deliverables, refer•errcing antllor attaching ihe»t t1s it,eb links or ctppenclices. I'Iais mvill be a eonrpr•ehensive, technical report designed to make the analysis ofall activities and deliverables wider this scope of work accessible to a uider• audience than the technical deliverables alone. The report myill inchrde standard sections, sttch as title, tables of contents and exhibits, executive scrrrrrnwy, introduction, sunnnary conclusion, references, and appendices. The ntain body will be organized into to chapter structure that bestpr'e'sents the it for"rnation, and ivill include descriptions of processes, methodologies, analyses, results, and observations mt*hin the selected structure. The report mtill be provided to TCF,Q in electronic format. ,Start .-Irte. 111onth 29 Colnph'fran Data: Month 30 CM-N1 11"J, CH2M IIILL RESPONSIBILITIES/ACTIONS: Subtasl 6.1: . CH2M HILL will prepare a draft report for this project consistent with Master Subtatsk 6.1. CH2M HILL ASSUMPTIONS: 0-12M BILL will develop an azu-iotated outline for the report for approval by Denton and TCEQ prior to begi'ming draftvmg the report. In addition to the Hickory Creek WPP, CH2M HILL will provide examples of reports similar to that represented by the annotated outline for this project. C112NI HILL DELIVERABLES: Report outline for approval Draft project report ;1 f ASTIR Final Report - The drgft report moil/ be naodtred to address connnents provided by the TCEQ Project Subtask 6.2: rllanat;er, resulting in a Final Report, to be provided to TCE in electronic format. ,Stan Date: rWonth 32 Coin letion Date: Month 33 CH2NI_Scopc_CityolDenton_319-09_Pinal.Eloc rage 13 of 15 c i 2i~~ m;L CH2M HILL RESPONSI ILITIESIACTIONS: Subtasic 6,2 . CH2M HILL will receive and process continents on the draft report. CH2M HILL will recommend revisions to the City of Denton for consideration and approval. CH2M HILT. will prepare a final report for this project consistent with I'VIaster St.tbtask 6.1 described above. CH2M HILL ASSUMPTIONS: • Through the process of prior approval of the report outline, acid the expectation (which should be confirmed and facilitated) that TChQ, Project Partners, and other stakeholders that would be in a position to comment on the draft feport will have reviewed project materials and task deliverables as they are provided, CH2M HILL asstuales that continents on the draft report will not regUire additional substantive anylyses. CH2M IIILL DELIVERABLES: Final project report CH21yi,.5copc_CityotDciitors_319-09_Fijial.(Ioe Page 14 of 15 SC110)VLE PRELIMINARY ESTIMATE OF DUE DATES FOR DELIVERABLES Task No, Deliverable Due Date 11 Project Oversight Months 1-36 1.2 Quarterly Progress Reports the 15th of the month following each state fiscal quarter 1.3 Quarterly Reimbursement Requests the end of the month following each state fiscal quarter 1.4 Post Award Meeting Within 60 days of contract execution 1.4 Quarterly conference call with TCEQ The second month of each state fiscal quarter 1.5 Contractor Self-Evaluation 15 days following the end the state fiscal year 1.6 Initial Project Fact Sheet Within 64 days of contract execution 1.6 Project Fact Sheet Update 15 days following the end the state fiscal year 1.6 Final Project Fact Sheet Update 8131112 1.7 Annual Report Article - upon request by TCEQ 15 days fallowing the end the state fiscal year 2.1 Communication Plan Month 3 2.2 All Items Provided to Stakeholders, e.g., meeting Throughout Project agendas, presentations, etc. 2.~4 Web Site Updates, newspaper articles Throughout Project 3.1 BMP Implementation Sites Month 4 3.1-3.3 Objective 4 Technical Memorandum Month 7 3.3 Draft BMP Design Documents Month 10 3.3 Final BMP design Documents Month 10 3,4 Construction Certifications Month 21 4.1 Technical Memorandum Presenting Code Language Month 33 Recommendations 5.1-5.5 Technical Memorandum(s) Outlining Partnership Activities Month 33-36 6.1 Draft Final Report Month 30 6.2 Final Report Month 33 CH21N,I_Scopc_CityotDeiiton_319-09_1=inal.doc Page 15 of 15 Exhibit B ATTACHMENT B - COMPENSATION Compensation by OWNER to ENGINEER will be as follows: allowable to the same extent as if such costs had been A. COST REIMBURSABLE-MULTIPLIER (TIME AND incurred after the approved increase. EXPENSE) C. DIRECT SALARIES For services enumerated in ARTICLE f, ENGINEER's Direct Salaries are the amount of wages or salaries paid (Direct Salaries) multiplied by a factor ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll-related taxes, of 3. f plus Direct Expenses, payments, premiums, and benefits. plus a service charge of 0% percent Direct Expenses and D. SALARY COSTS 0% percent of subcontracts and outside services, plus applicable sales, use, value added, business transfer, Salary Costs are the amount of wages or salaries paid gross receipts, or other similar taxes. ENGINEER's employees for work directly performed on the PROJECT plus a percentage applied to all such wages B. BUDGET or salaries to cover all payroll-related taxes, payment, A budgetary amount of Twn Hundred Twenty-Seven premiums, and benefits. Thousand Two Hundred Dollars ($227,200.00USD), E. DIRECT EXPENSES excluding taxes, is hereby established for services In Direct Fxpensas are those necessary costs and charges ARTICLE i. ENGINEER will make reasonable efforts to Incurred for the PROJECT including, but not limited to: ('l) complete the work within the budget and will keep OWNER the direct costs of transportation, meals and lodging, informed of progress toward that and so that the budget or special OWNER approved PROJECT specific insurance, work effort can be adjusted if found necessary. letters of credit, bands, and equipment and supplies; (2) ENGINEER is not obligated to incur costs beyond the ENGINEER's current standard rate charges for direct use indicated budgets, as may be adjusted, nor is OWNER of ENGINEER's vehicles, laboratory test and analysis, and obligated to pay ENGINEER beyond these limits. certain field equipment; and (3) ENGINEER's standard project charges for computing systems, and special health When any budget has been increased, ENGINEER`S and safety requirements of OSHA. excess costs expended prior to such increase will be MINUTES PUBLIC UTILITIES BOARD July 26, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, July 26, 2010 at 9:26 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and Barbara Russell. Ex Officio Members: George Campbell City Manager, Howard Martin, ACM Utilities Absent: Bill Grubbs and Phil Gallivan, all excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 4) Consider recommending approval of a Professional and Personal Services Agreement between the City of Denton and CH2MHi11 in amount not to exceed $227,200 for which the City of Denton will be responsible for $28,879 for services related to a Texas Commission on Environmental Quality (TCEQ) Section 319 Nonpoint Source Grant that has been awarded to the City of Denton. Board Member Robinson moved to approve item 4 with a second from Board Member Russell. The motion was approved by a 5-0 vote. The meeting was adjourned by consensus at 10:00 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95). FILE INFORMATION This purchase request is for Personal Protection Equipment (PPE) specifically for tactical/high- risk missions. The equipment includes body armor/ballistic protection and accessories, entry tools, technical optics, and environmental protection. This equipment will allow the tactical officers to work in critical incidents with a higher level of protection than is currently provided. The total amount of this purchase request has been approved for 100% funding through the State Homeland Security Grant Program. RECOMMENDATION Approve the purchase of personal protection equipment for the City of Denton Police Department from Tactical Gear Now, Inc. in the amount of $155,334.95 using pricing shown on GSA contract price quote (Exhibit 1). Texas Local Government Code Section 271.103 authorizes local governments to purchase goods or services available under Federal supply schedules of the United States General Services Administration (GSA). The funding for this project has been approved through the 2008 Homeland Security Grant Program. PRINCIPAL PLACE OF BUSINESS Tactical Gear Now, Inc. Richardson, Texas ESTIMATED SCHEDULE OF PROJECT The estimated delivery date is 30 days from receipt of order. All equipment will be in service 30 days after delivery. Agenda Information Sheet August 17, 2010 Page 2 FISCAL INFORMATION The total amount of this purchase request has been approved for 100% funding through the State Homeland Security Grant Program. Account 342014.6372 in the amount of $115,794.95 and account 342014.8535 in the amount of $37,540 have been set up to process this funding. Requisition 99101 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: GSA Pricing Quote Respectfully submitted: Bryan Langley, 349-7100 Director of Finance I-.CIS-File 4561 Exhibit 1 rAffmal Armin 11Id wdw Tom 75MI Date: 06.24.2010 ~'!4~lf9#BOd lFml Quote 1210041 Quoted by; LISA BRAY Expiration Date: 09.30.2010 Tot Captain Roger White Denton Police llpt Denton TX QUO~TTs j BY LISA BRAY 24 Survival Armor Spirit Systems $ 1,465.00 $ 35,260.00 48 Survival Armor Level IV 10x12 Plates $ 249.50 $ 11,976.00 8 AE Optics PVS14 w/ MICR helmet mount $ 3,451.45. $ 27,611.60 4 Pv= $ 4,3135.00 37,540.00 8 Insight ATPIAL Illuminator ATP-MO-A22 $ 1,581,30 S 12,650.40 23 Condor MOPC Modular Plate Carrier $ 50.90 $ 1,170.70 23 United S11ieId Ballistic Face Shield IItA $ 2$7.50 $ 6,612.50 1 United Shield Kent 22x32 III Rifle Shield $ 3,331.25 $ 3,331.25 32 ulackhawk Nornex Gloves 08114BK $ 54.75 $ 1,752.00 23 Biackhawk Nolnex Balaclava 933300513K $ 13.25 $ 304.75 8 United Shield Ballistic Shin Guards $ 950.00 $ 7,600.00 30 Tni-spec Coldweather jacket 12012 (S-XL) $ 75.25 S 2,257.50 30 Tru-specColdweatherPants 93167(S-XL) S 49.95 $ 1,498.50 5 Blackhawk DETools w/Pack nDE 1JKMOEK $ 773.95 $ 3,86915 Shipping Charges N/A Subtotal $ 153,334.95 Sales'l'ax 0.00% Tactical Gear Noiv, Inc. iS a womanbsvned wnall businesR devoted excfisively to the supply of fwjwear, clolhing, indhiduat"ipmeland laelicalparlolhemilbryandlaw cnfotcmcntcommunfticsunatost-efficientb.~.~+s_Our Total $ 153,334.95 CAGECC]Mis3DWA2;Ol;~35:128a8i550:T[1~:73-973H852:S SACa"tracE.GSf}iFF~QfttL'dudeAr[vWorkflow Registered. Tactical Cow Nosr.In. is ce rWed as a Di4advantagcd Businc" Werprise by the \oilh Central T--,as Regtanal Cevrillutim Agencyfre:as Unified Cedificalirrrt Program Certification Y11TfDR,,; 18A'44(14. Thank you for your business! aClical L'e.~r?~€r t,•. Inc. -if' t.1-e rill d11 St.. Stl-te 2I.3,1Z;Cl?ariso,tt, TX 7ryn`11 97 .94.`)394 214.33 1.960,5 FAX x ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE GENERAL SERVICE ADMINISTRATION (GSA) FEDERAL SUPPLY SERVICE PROGRAM FOR THE PURCHASE OF PERSONAL PROTECTION EQUIPMENT FOR THE CITY OF DENTON POLICE DEPARTMENT AS AWARDED BY THE GENERAL SERVICE ADMINISTRATION (CONTRACT GS-07F-5508R); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4561-PERSONAL PROTECTION EQUIPMENT FOR POLICE DEPARTMENT AWARDED TO TACTICAL GEAR NOW, INC. IN THE AMOUNT OF $153,334.95). WHEREAS, Texas Local Government Code Section 271.103 authorizes local governments to purchase goods or services available under Federal supply schedules of the United States General Services Administration (GSA); and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the GSA programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4561 Tactical Gear Now, Inc. $153,334.95 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the GSA for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the GSA, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the GSA, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the GSA, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 461 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Airport ACM: Howard Martin, 349-8232 SUBJECT: Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport as amended by Ordinance 2009-323 dated December 15, 2009. The Airport Advisory Board recommends approval (6-0). BACKGROUND: Airport Staff has completed negotiation with Sykes-Vaughan Investments LLC to lease the partially improved lot at 4600 Spartan Drive. Consideration was given to input from an Airport Advisory Board Committee appointed to work with Staff to determine a fair value of Lot 142 (4600 Spartan Drive) with the improvement of a 15,000 square foot hangar foundation, 6,000 square foot parking area and an 8,400 square foot ramp connection to an existing taxiway. The lot has been offered to Sykes-Vaughan Investments at a base annual rate of $6,000 plus an 11% commission on all revenue received from operation of an aircraft storage hangar to be constricted and used as a part of the U. S. Aviation Group Fixed Base Operator (FBO) service. This proposed lease is the second amendment to the FBO Lease approved between the City of Denton and Sykes-Vaughan LLC. Ordinance 2009-323 dated December 15, 2009 approved the first amendment to add 7,500 square feet of open area to the parcel on which the new Flight Academy and FBO is being constricted. RECOMMENDATION: The attached ordinance and lease agreement have been reviewed by the Legal Department and approved as to form. Staff recommends approval of the proposed lease to Sykes-Vaughan Investments LLC. EXHIBITS 1. Ordinance and Second Amendment to the Sykes-Vaughan FBO Lease; 2. Attachment "A" to Second Amendment identifying leased parcels A through H; 3. Airport Advisory Minutes Respectfully submitted: 61:~~ '~'14 Quentin Hix Airport Manager \lcodadldepartmentsllcgallour documentslordinances1101airport sykes vaughan second amendment.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A SECOND AMENDMENT TO A FIXED BASE OPERATOR LEASE AGREEMENT APPROVED BY ORDINANCE 2009-018 DATED JANUARY 6, 2009 AND AMENDED BY ORDINANCE 2009-323 DATED DECEMBER 15, 2009, BETWEEN THE CITY OF DENTON, TEXAS AND SYKES-VAUGHAN INVESTMENTS LLC. WHICH INCLUDES AMONG OTHER PROVISIONS THE RIGHT TO SELL AVIATION FUEL TO THE PUBLIC FOR A FIVE- PERCENT FUEL FLOWAGE FEE AND PROVIDE COMMERCIAL HANGAR AND TIE- DOWN SERVICE AT THE DENTON MUNCIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Second Amendment to a Fixed Base Operator Lease agreement between the City of Denton and Sykes- Vaughan Investments LLC for the right to sell aviation fuel and provide hangar and tie-down space at the Denton Municipal Airport, in substantially the form of the Second Amendment to the Fixed Base Operator Lease Agreement which is attached to and made a part of this ordinance for all purposes and to exercise all rights and duties of the City of Denton under the Fixed Base Operator Lease Agreement. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t BY: SECOND AMENDMENT TO THE AIRPORT LEASE AGREEMENT WITH SYKES-VAUGHAN INVESTMENTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Second Amendment is made executed to be effective as of the _ 17th day of August, 2010 to that certain Airport Lease Agreement between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor" and SYKES-VAUGHAN INVESTMENTS LLC, hereinafter referred to as "Lessee" which was executed to be effective as of the First day of March 2009, hereinafter referred to as "Base Lease". WITNESSETH: WHEREAS, the Lessor and Lessee wish to amend the Base Lease to add approximately 25,000 square feet to the Base Lease as Parcel H and make certain other changes to the Base Lease; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree to amend the Base Lease as follows: SECTION 1. Section II. A., B., and C., "Leased Premises", Section IV. A "Payments, Rentals and Fees," and Section VIII. A. and C. "Leasehold Improvements" are hereby amended so as to add the following thereto: II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, and subject to the conditions contained herein, does hereby demise and lease unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article III, the following described land situated in the City of Denton, Denton County, Texas as shown on Attachment A hereto: A. LAND. The same .78 acre (34,000 square feet) tract or parcel of land leased to Lessee under the Existing Lease identified as Parcel A, together with improvements thereon, which property is more particularly described in Attachment "B", attached hereto and incorporated herein by reference (the "Existing Parcel"), and an additional approximate 168,208 square feet of land identified as Parcel B (13,448 square feet), Parcel C (7,760 square feet), Parcel D (90,000 square feet), Parcel E (50,000 square feet) and Parcel F (2,000 square feet) on Attachment "C" (the "Leased Premises"), and, Parcel 11 (25,000 square feet) with improvements thereon as described in Section II. B of this Agreement. Together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, Page 1 of 6 patrons and invitees. For purposes of this Agreement, the term "Leased Premises" shall include leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor A legal description of Parcels B, C, D, E, I{ and H is not currently attached to this Lease Agreement. Lessee shall deliver to Lessor no later than 30 days after the Effective Date of this Agreement a legal description of Parcels B through H accurately describing same that is acceptable to Lessor. If Lessee fails to do so, Lessor at its option may terminate this Agreement as to Parcels A through H, in which case it will have no further force and effect. The approved legal description will be attached to this Agreement as Attachment "C". B. IMPROVEMENTS PROVIDED BY LESSOR: The improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities" below, shall be as follows: Lessor shall improve the current drainage structure along the east side of the expanded aircraft apron proposed for Parcel E. Lessor shall relocate existing open drainage feature (ditch) from the southeast corner of the existing ramp (existing wash rack) to the existing drainage ditch flowing west from John Carrell. The relocated flow line shall be approximately twenty feet (20) east of the east edge of the proposed apron. Lessor shall install approximately 160 linear feet of reinforced j concrete pipe (RCP) connecting the relocated drainage flow line to the existing 48 inch RCP that is routed generally to the west. Lessor shall provide on Parcecl H one 15,000 square foot hangar foundation with electric, water and sewer utility connections installed, 6,000 square feet of concrete paved parking and 8,400 square feet of concrete ramp connection to an existing taxiway, all of which are constructed and in place on the effective date of this Agreement. Lessor, at its discretion, may elect to direct drainage directly south utilizing an open ditch to carry the water south past Taxiway L at the Taxiway Bravo intersection. The term "Lessor improvements" shall mean those things on or adjacent to the Leased Premises belonging to, constructed by, or to be constructed by the Lessor. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. IMPROVEMENTS PROVIDED BY LESSEE. 6. Construction of Parcel H Improvements. The following improvements are currently located on Parcel H: One 15,000 square foot concrete hangar foundation with electric, water and sewer utility connections installed, 6,000 square feet of concrete paved parking and 8,400 square feet of concrete ramp connection to an existing taxiway. The Lessee shall make the following improvements and renovations to the Existing Improvements on Parcel G at an estimated cost of $250,000.00: Construction of a hangar to be used for storage of aircraft associated with the normal operation of an FBO service. Construction of the Upgrades shall be commenced no later than 120 days after the Effective Date of this Agreement and be completed no later than 270 days after the Effective Date ("Construction Period for the Upgrades"). Construction of the Upgrades are considered commenced upon issuance of a building permit and commencement of construction of any portion of the Upgrades. Construction of the Upgrades are considered complete when all of the Upgrades are actually completed in full with a Certificate of Occupancy. IV. PAYMENTS, RENTALS AND FEES A. LAND RENTAL. Land rental shall be due and payable to Lessor in twelve (12) equal monthly installments in the sums set forth below, on or before the 1st day of each and every month during the term of this Lease Agreement. Lessee has the option to pay annual rentals and fees in whole on or before the 1st day of October, at the beginning of the City's fiscal year, each and every year of this Lease Agreement. 4. Parcel H. Base annual rent shall be a sum of $6,000 for the land area and improvements as described in Section H, B. of this Agreement (the "Original Rent"). Monthly rental shall be 11121h of the annual rent. However, beginning March 1, 2013 the Original Rent will be adjusted in accordance with Section IV.C. of this Agreement. In addition to the Base Annual rent for Parcel H, Lessee shall pay Lessor a percentage of all hangar and tie-down fees collected by Lessee from persons renting facilities on Parcel H. Such fees shall be equal to: a. 10% of all hangar and tie-down fees through November 30, 2009. b. 11 % of all hangar and tie-down fees through November 30, 2019. C. 12% of all hangar and tie-down fees through the end of the Lease Term. All such fees shall be paid monthly to Lessor on or before the 15th day of each month during the Lease Term. The fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. VIII. LEASEHOLD IMPROVEMENTS A. REOT ]IREMENTS: Before commencing the construction of any additional improvements on the Leased Premises including the Parcel A, B,C, E, F and H Improvements (the " Additional Lease Improvements"), Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the Leased Premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the Leased Premises -of the proposed construction and improvements; 3. The estimated cost of such construction. No construction may commence until Lessor has approved the plans and specifications and the location of the Lease Improvements, and the estimated costs of such construction. Approval by the Lessor shall not be unreasonably withheld. Documentary evidence of the actual cost of construction on public areas only (such as taxiways, aprons or parking lots) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy of this Lease Agreement filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this Lease Agreement. I No later than 30 days after completion of the Additional Lease Improvements, Lessee shall submit to Lessor detailed as built plans of the Additional Lease Improvements and documentary evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements ("Cost to Construct Lease Improvements"). C. OWNERSHIP OF IMPROVEMENTS: The Existing Improvements are the property of the Lessor. Lessee shall provide a legal description and survey no later than 30 days from the effective date of this agreement identified as Attachment "B" identifying Existing Parcel and the Existing Improvements in the Existing Parcel. Additional Lease Improvements, when completed by Lessee, (the "Lease Improvements") shall be subject to the following conditions, terms and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the Leased Premises. 2. Assumption. The Lease Improvements shall automatically become the property of Lessor absolutely free, without any cost to Lessor, at the end of the Lease Term, or any extension thereof. 3. Failure to Complete Parcel A B C E F and G Improvements. The Improvements shall immediately become the property of Lessor at no cost, expense, or compensation to Lessee should Lessee fail to complete the Lessee's Improvements within the Construction Period as provided in Section II.C. of this Lease Agreement. 4. Cancellation or Termination. Should this Lease Agreement be cancelled or terminated before the end of the Lease Term, or extension thereof, Lessor shall have the right to purchase all of the Lease Improvements. In the event of a cancellation or termination, other than due to a default by Lessee that has not been cured as provided below, the purchase price shall be equal to the most recent value of the Lease Improvements as determined by the Denton County Central Appraisal District ("Value of the Lease Improvements") reduced by 1130 for each year of the Lease Term that has expired as of the date of termination (the "Purchase Price"). With regard to Additional Lease Improvements, should the Denton County Central Appraisal District not determine a separate value for the Lease Improvements, or should such separate valuation be older than two years, then the Purchase Price will be determined taking the Cost to Construct the Lease Improvements reduced by 1130 for each year the Lease Term has expired as of the date of termination. If the termination or cancellation is due to a default by Lessee that has not been cured within 30 days after written notice of default to Lessee, then the Purchase Price as determined above shall be reduced by 50%. However, if Lessee provides written notice to Lessor within said 30 day cure period that it is impossible to cure such default within said time period, then the Lessor may consent to an extension of such time to cure, which consent will not be unreasonably withheld. This clause shall not apply to the Fuel Farm. i I i SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Base Lease shall remain in full force and effect and shall fully apply to the additional property and improvements and expanded Leased Premises resulting from this Third Amendment of the Base Lease. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the effective date first above written. CITY OF DENTON, TEXAS, LESSOR BY: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 BY: SYKES-VAUGHAN INVESTMENTS LLC, a Texas limited liability company BY: ROPER UG , NAGING PARTNER ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 2010, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of said municipality. NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 1,2- day of 'Tv1 , 2010 by Roper Vaughn, Managing Partner for Sykes-Vaughan Investments LLC, a Tex limited liability company, on behalf of said company. NOTARY PUBL , STATE OF TEXAS O,~p0.Y qG~~ ANDREA J. ATKiNSON Notary Public, State of Texas my commission Expires March 25, 2014 LL .ti $ J k ~ r f °o ° d°fi. a ou p z i ( ( P~ -J I I I f I I I W m F T L1 1, F-I r vim- 4 r(}"-~ LWL L moM sf o ti U 17 CD CD ~EED s ~ r ® ai*n - ~I c~oz k - o°c ~ m X_X X_X Q J v I~ t Lij C. Q a p r j - f cri E_ V 1 N W H Odll L J i i L J DRAFT MINUTES AIRPORT ADVISORY BOARD JULY 14, 2010 After determining that a quorum was present, the Airport Advisory Board of the City of Denton, Texas convened in a Regular Meeting on July 14, 2010 at 5:30 p.m. in the Airport Terminal Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the following items were considered: BOARD MEMBERS PRESENT: Chairman, Mr. Brown, Vice Chairman Mr. Brewer, Dr. Smith, Mr. Pugh, Mr. Fykes and Mr. Clark. BOARD MEMBERS ABSENT: Mr. Schofield excused absent. STAFF MEMBERS PRESENT: Quentin Hix, Airport Manager, Julie Mullins, Administrative Assistant, Andrea Sumner, Operations Coordinator, Mark Nelson, Transportation Director. PUBLIC PRESENT: Mark Taylor, US Aviation Group, Jeff Soules, US Aviation Group, Rick Woolfolk, Jim Stodold, Mike Nebrig, Nebrig and Associates. ITEMS FOR INDIVIDUAL CONSIDERATION IV. Receive a report, hold a discussion and provide a recommendation to City Council requesting the City Manager, or his designee, to execute on behalf of the City of Denton an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport as amended by Ordinance 2009-323 dated December 15, 2009; and providing an effective date. Mr. Hix explained the lease that Sykes-Vaughn Investments will build the hangar with improvements and the hangar would be used for storage of aircraft associated with the normal operation of an FBO service. The upgrades will be commenced no later than 120 days after the effective date of going to Council and be completed no later than 270 days after the effective date. There will be an 11% commission on all aircraft storage. Dr. Smith made a motion to approve the Sykes-Vaughn lease. Mr. Brewer seconded the motion. Draft Airport Advisory Board Minutes July 14, 2010 Page 2 Mr. Fykes asked what the square footage of the lot is. Mr. Hix said it is 25,000 feet. The hangar foundation is 15,000 square feet, and there is additional 8,400 square feet of ramp to the taxiway. How does the Airport staff monitor the tie down and who verifies this. Mr. Hix said it is the honor system. Sykes-Vaughn will give us a report each month. This hangar is for storage only. Mr. Pugh asked what the penalty of the lease is if they do not comply with the building. Then the second amendment will be voided and it will convert back to the Airport. Mr. Fykes asked what the advantage of the amendment to the lease is; instead of oppose to a new lease. Mr. Hix said the standard terms for a new lease will not include commission; it was beneficial to add an amendment to the FBO lease. All Board members had some questions about the 120 days and inspections on the lot and building permit. Mr. Hix answered all questions correctly. Motion carried 6-0. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Airport ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC (BAM) at the Denton Municipal Airport; and providing an effective date. BACKGROUND BAM Denton Management Ventures (BAM) currently holds a commercial airport lease for the purpose of providing Fixed Base Operator (FBO) services on Denton Airport. The current lease agreement held by BAM includes responsibility for managing aircraft tie-doom space on the ramp adjacent to the FBO office and hangar. BAM is requesting to lease additional ramp space west of the terminal building which is contiguous to their current leased ramp area. The area is shoN-,n on Attachment "A" to the proposed lease amendment, with a total area of approximately 50,000 sq. ft.. A survey of the ramp area will be provided by BAM if the lease is approved. The lease rate will be $0.17 per square foot with a Consumer Price Index adjustment even- second year of the lease agreement. The term of the lease will be ten (10) years with two (2) options to renew for ten (10) years each. There are a number of benefits to Denton Airport if the BAM request to lease additional ramp space is approved. These include: 1. This ramp space is currently managed by Airport staff with a requirement to monitor the space daily and produce billing information for aircraft using the tie-doom space. There is an average of eight aircraft per month occupying tie-doom space on a monthly contract of $40.00 each. Three of these aircraft currently on contract are known to be inoperable. In addition, the average monthly transient traffic is three aircraft for a total of $185 per month. The total monthly revenue from this ramp space is an average of $505.00. Leasing this space to BAM will produce approximately $708.00 per month in ground lease revenue plus 11% of the total tie-doom revenue received by BAM. Leasing the space will eliminate the staff time required to manage the transient traffic. The net result will be greater efficiency in serving transient traffic, an increased amount of monthly revenue with reduced Airport staff time to monitor and create billing information for contract and transient aircraft, and, a more effective control of inoperable aircraft permanently parked in a high visibility area near the terminal. 2. In addition to the direct revenue and expense benefit to the Airport, leasing the space to BAM will result in a reduction of indirect cost associated with billing and collection of ramp tie-doom space. The Maximus study of indirect cost associated with various City operating departments that was produced in 2009 indicates the indirect cost of servicing Airport leases and ramp tie-doom space is $18,030 annually. The portion of this indirect cost associated with tie-doom billing and collection can be eliminated if the area is managed by BAM as a part of their Fixed Base Operator (FBO) service. 3. The ground lease rate per square foot proposed in the BAM lease is greater than the $0.1042 rate currently charged in the FBO lease because this area is a more valuable use area of the Airport. The total ramp area will create an equitable sharing of ramp space at Denton Airport for the two FBO leases. The 1 near term capital improvement plan for Denton Airport will expand ramp area for aircraft movement and provide additional public tie-doN-,n space if it is determined to be needed in the future. BAM has requested the lease to be made concurrent with the remaining time on their FBO services lease. The remaining term on the Bain FBO lease is twenty-four (24) years with two (2) options to renew for five (5) years each. The Airport Advisoiv Board has recommended on a 7-0 vote for the lease to be made to run concurrent with BAM FBO lease. Airport Staff has negotiated the lease as presented to the City Council to have an independent term of ten (10) years initially with two (2) options to renew for ten (10) years each. Airport Staff included this term in the negotiated lease in order to recognize the ramp area adjacent to the terminal may need to be used for alternate service folloNving completion of the current runway extension and marketing business opportunities such as expanded charter service at Denton Airport. In addition, the Airport has submitted a grant application to pave additional ramp area adjacent to the terminal and this improvement could alter the planned use of ramp space in the intermediate future. For these reasons, Airport Staff negotiated a more limited initial term of the lease with options to secure the ongoing, long term BAM interest in the ramp area. OPTIONS 1. Deny the request to lease additional ramp space adjacent to the Airport terminal to BAM Denton Management Ventures, LLC; 2. Approve the lease of additional ramp space to BAM Denton Management Ventures, LLC with the lease term modified to run concurrent with their FBO lease; 3. Approve the lease of additional ramp space to BAM Denton Management Ventures, LLC with the lease term negotiated by Airport Staff. RECOMMENDATION Airport Staff recommends approval of the lease of additional ramp area to BAM and to transfer responsibiliti<- for managing contract and transient aircraft tie-doN-,n service to the FBO. EXHIBITS 1. Ordinance and Lease Agreement 2. Attachment "A" 3. Airport Board Minutes Respectfully submitted: Quentin Hix Airport Manager 2 sAlegaRour documents%ordinances1101airport bam lease ordinance.doc ORDINANCE NO. AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SAM DENTON MANAGEMENT VENTURES, LLC AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an airport lease agreement for commercial operator between the City of Denton and BAM Denton Management Ventures, LLC at the Denton Municipal Airport, is substantially the form, of the Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAegallour documentslcontracts1101airport barn ramp lease 2010.doc AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR This Lease Agreement is made and executed to be effective as of the i st_ day of September , 2010 (the "Effective Date") at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and BAM Denton Management Ventures, a Texas limited liability company, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Denton Municipal Airport (the "Airport") in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises at the Airport for the purpose of managing and operating aircraft tie-down and other ramp services; and WHEREAS, pursuant to this Agreement, Lessee is leasing that certain parcel or tract of land depicted as Parcel B on Attachment A attached hereto and made a part hereof by reference; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF LEASE AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing: I. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION: Lessee, for itself, its personal representatives, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi- nation in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDNIDUALS TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix §1349. E. PUBLIC AREAS. 1. Lessor reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in good repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of Lessor, would BAM Ramp Lease - 2010- Page 2 limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. The hangar/office/shop complex as currently proposed as provided in Section II.D. does not violate this provision. 5. This Lease Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, and subject to the conditions contained herein, does hereby demise and lease unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article III, the following described land situated in the City of Denton, Denton County, Texas: i A. Land. A tract of land, being approximately 50,000 square feet, drawn and outlined j on Attachment "A", and legally described in Attachment "B" as Parcel B (the "Leased Premises"). Together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this Agreement, the term "Leased Premises" shall include leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. A legal description of Parcel B is not currently attached to this Lease Agreement. Lessee shall deliver to Lessor no later then 30 days after the Effective Date of this Agreement a legal description of Parcel B accurately describing same that is acceptable to Lessor. If Lessee fails to do so, Lessor at its option may terminate this Agreement as to Parcel B, in which case it will have no further force and effect. The approved legal description will be attached to this Agreement as Attachment "C". B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities" below. The term "Lessor improvements" shall mean those things on or adjacent to the Leased Premises belonging to, constructed by, or to be constructed by the Lessor. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. BAM Ramp Lease - 2010-- Page 3 C. IMPROVEMENTS PROVIDED BY LESSEE. NONE: Lessee accepts property in the current condition and there are no additional improvements required to be constructed. D. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the Leased Premises, easements for public access on roads and taxiways. E. ACCESS TO UTILITIES. Lessor represents that there are water, sewer and 3- phase electricity lines within close proximity to the Leased Premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the Leased Premises. III. TERM The term of this Lease Agreement shall be for a period of ten (10) years, commencing on the 1st day of Au st , 2010 and continuing through the _31st _ day of Jul of 2020, unless earlier terminated or reduced under the provisions of the Lease Agreement (the "Lease Terrn" Lessee has the option to renew for two (2) additional consecutive ten (10) year terms. In order to exercise the option Lessee must provide written notice to Lessor of its intent to exercise the first 10 year option no later than 180 day before the expiration of the 10 year primary term and written notice to Lessor of its intent to exercise the second 10 year option no later than 180 days prior to the expiration of the first 10 year option. The rental and terms to be negotiated for the option terms shall be reasonable and consistent with the then value, rentals and terms of similar property on the Airport. IV. PAYMENTS RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement, the following payments, rentals and fees: A. LAND RENTAL. Land rental shall be due and payable to Lessor in twelve (12) equal monthly installments in the sums set forth below, on or before the 1 st day of each and every month during the term of this Lease Agreement. Lessee has the option to pay annual rentals and fees in whole on or before the 1st day of October, at the beginning of the City's fiscal year, each and every year of this Lease Agreement. Annual rent shall be a sum equal to $0.17 per square foot of the land area contained in the Leased Premises (the "Original Rent"). Monthly rental shall be 1112' of the annual rent. However, beginning _Au ug st 1_, 2012 the Original Rent will be adjusted in accordance with Section N.C. Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease rate per square foot, as adjusted by the CPT-U referenced in Section IV.C., times the number of square feet comprising all easements established in accordance with Section II.E.. BAM Ramp Lease -2010- Page 4 B. LESSOR IMPROVEMENTS RENTALS. NONE: There are no Lessor improvements on the Leased Premises. C. PAYMENT, PENALTY, ADJUSTMENTS. All payments due Lessor from. Lessee under this Lease Agreement shall be made to Lessor at the offices of the Finance Department of the City of Denton, Customer Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received on or before the 15"' day of the month, a five percent (5%) penalty will be due as of the 16th. If payments are not received by the first of the subsequent month, an additional penalty of one percent (1%) of the unpaid rental/fee amount will be due. A one percent (1%) charge will be added on the first of each subsequent month until the unpaid rental/fee payment is made. The Original Rent for the Leased Premises shall be readjusted at the end of each two year period during the Lease Term on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas- Fort Worth Bureau of Labor Statistics bears to the previous odd month 2004 index (September), which was 179.7 (1982-84 = 100). Each rental adjustment, if any, shall occur on the 1st day of December, beginning 2012, and every second year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the Original Rent by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this Lease Agreement. If the product of this multiplication is greater than the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the Original Rent there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given two-year period shall not exceed the annual rental payment calculated for the previous CPI adjustment by more than twenty percent (20%) percent. If the consumer price index for all urban consumers (CPT-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the formula set forth above, but by substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas- Fort Worth geographical region and the U.S. City Average are discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar BAM Ramp Lease-2010- Page 5 during the Lease Term, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. D. OTHER PAYMENTS TO LESSOR. 1. Hanger and Tie-Down Fees. Lessee shall pay Lessor a percentage of all aircraft parking and tie-down rentals and fees collected by Lessee from persons parking aircraft on the Leased Premises. Such fees shall be equal to: a. 11% of all hangar and tie-down fees through November 30, 2019. b. 12% of all hangar and tie-down fees through the end of the Lease Term. All such fees shall be paid monthly to Lessor on or before the 15th day of each month during the Lease Term. The fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. E. RECORDS. Lessee shall keep and maintain accurate records of parking and tie-down fees collected, for a period of three (3) years from the date the record is made. Such records shall be kept according to generally accepted accounting principles. Lessor or its duly authorized representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lessee, for the purpose of verification. F. ANNUAL STATEMENT. Within sixty (60) days after the end of each calendar year, Lessee shall furnish to Lessor a certified statement of parking and tie-down fees collected during the preceding calendar year. Lessor reserves the right to audit said statement and Lessee's books and records, including examination of the general ledger and all other supporting material, at any reasonable time during business hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated parking fees, or tie-down rentals collected by five percent (5%) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (1%) per month from the date such amount originally became payable to Lessor. Any overpayment by Lessee shall be credited against further payments due to Lessor. Either party may refer the results of the audit for resolution in accordance with Section N.G. (Disputes) below. G. DISPUTES. If any dispute arises as to the amount owed from tie-down or parking fees collected, the party disputing the amount and/or fee shall notify the other, in writing, within thirty (30) days from the date the dispute arises. Upon notification of the BAM Ramp Lease -2010- Page 6 dispute, the disputed amount shall be submitted to a panel of three (3) certified public accountants, one to be selected by Lessor, one to be selected by Lessee and the third to be chosen by the first two accountants selected. This panel shall, by majority vote, determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due the accountants for such service shall be paid by the unsuccessful party, or in the event the determination is partially in favor of each party, the fee shall be borne equally by the parties. V. RIGHTS AND OBLIGATIONS OF LESSEE A.USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following on the Leased Premises: 1. The right and privilege to engage in commercial aviation activities, hereby defined as those activities which involve the sale of aviation services for profit to the general public and shall include the maintenance and servicing of aircraft, which right shall include only aviation services performed on flight certified and operable aircraft. 2. The storing of aircraft on tie down areas operated by Lessee. 3. The sale of said fuels, lubricants, and propellants shall include the right to use vehicles necessary for the servicing of aircraft. No person, business or corporation other than Lessee may operate a commercial, retail or industrial business upon the Leased Premises or upon the Airport, without prior written consent from Lessor authorizing such commercial, retail or industrial activity. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. Lessee, its tenants, employees, invitees and guests shall not be authorized to conduct any services not specifically listed in this Lease Agreement. The use of the Leased Premises by Lessee, its tenants, employees, invitees or guests shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and avia- tion. Except as specifically authorized in this Lease Agreement, no person, business or corporation may operate a commercial, retail or industrial business upon the Leased Premises or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS. Lessee shall meet or exceed the following standards: BAM Ramp Lease - 2010- Page 7 1. Address. Lessee shall file with the Airport Manager and keep current its mailing addresses, telephone numbers and contacts where it can be reached in an emergency. 2. Conduct. Lessee shall contractually require its employees and sublessees (and sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. 3. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Leased Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 4. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. S.Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of the Leased Premises, and shall keep the Leased Premises neat, clean and in respectable condition, free from any objectional matter or thing, including trash or debris. Lessee agrees not to utilize or permit others to utilize areas on the Leased Premises except for the purpose of aircraft parking and tie-down service, except as provided in Article V.B.6 of this Lease Agreement. 6. Annual Air Show. During the Lease Term of this Lease Agreement and during each extension, Lessor shall provide access to and use of leased premises for the conduct of a one-day air show to be scheduled in coordination with the Airport manager. 7. Unauthorized use of Leased Premises. Lessee may not use any of the Leased Premises for any use not authorized herein unless Lessor gives Lessee prior written approval of such additional use. Without limiting the foregoing the Leased Premises shall not be used for the operation of a motel, hotel, restaurant, private club or bar, apartment house, storage of recreational vehicles, automobiles, or marine vehicles, or for industrial, commercial, retail, or other purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no dwelling or domicile may be built, moved to or established on or within the Leased Premises nor may lessee, its tenants, employees, invitees, or guests be permitted to reside or remain as a resident on or within the Leased Premises. BAM Ramp Lease -2010- Page B 9. Quit Possession. Lessee shall quit possession of the Leased Premises at the end of the Lease Term or any renewal or extension thereof, or upon cancellation or termination of the Lease Agreement, and deliver up the Lease Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10.Indemni . Lessee must indemnify, hold harmless and defend the Lessor, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands and/or actions for damages, injuries to persons (including death), property damage, (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs, occasioned by or incidental to the Lessee's occupancy or use of the Leased Premises or the Airport and/or activities conducted in connection with or incidental to this Lease Agreement, including all such causes of action based on common, constitutional or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Lessee, its officers, agents employees, invitees or other persons. Lessee must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, customers, visitors, invitees, licensees and other persons, as well as their property, while in, on, or involved in any way with the use of the Leased Premises. The Lessor is not liable or responsible for the negligence or intentional acts or omissions of the Lessee, its officers, agents, employees, agents, customers, visitors and other persons. The Lessor shall assume no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects, whether real or alleged, which may now exist or which may hereafter arise upon the Leased Premises, responsibility for all such defects being expressly assumed by the Lessee. The Lessee agrees that this indemnity provision applies to all claims, suits, demands, and actions arising from all premise defects or conditions. THE LESSOR AND THE LESSEE EXPRESSLY INTEND THIS INDEMNITYPROVISION TO RE UIRE LESSEE TO INDEMNIFY AND PROTECT THE LESSOR FROM THE CONSEQUENCES OF THE LESSOR'S OWN NEGLIGENCE WHILE LESSOR IS PARTICIPATING IN THIS LEASE AGREEMENT WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE NOTWITHSTANDING THE TERMS OF THE PRECEDING SENTENCES, THIS INDEMNITY PROVISION DOES NOT APPLY TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH, OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE LESSOR OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR AGENTS, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. BAM Ramp lease - 2010- Page 9 11. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. Further, the Lessee shall be solely responsible for all discharges, whether accidental or intentional, of any chemical and for the costs associated with the cleanup, remediation and disposal of said chemicals. 12 . Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or any other regulatory authority, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the Leased Premises, or to the person(s) on the Leased Premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the Leased Premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the Leased Premises and correct the violation(s) at the sole cost and expense of Lessee, and Lessor shall not be responsible for any damages incurred to any improvements on the Leased Premises as a result of the corrective action process. In addition, such violation shall be considered a material default by Lessee authorizing Lessor, at its sole option and discretion, to immediately terminate and cancel this Lease Agreement. 13. Manager. Lessee shall select, appoint, and designate to Lessor in writing, a full-time Manager of business at the Leased Premises. The manager shall be vested with full power and authority to act in the name of Lessee with respect to the method, manner and conduct of the operation of the fixed base services to be provided under this agreement. The manager shall be available during regular business hours and during the manager's absence, a duly authorized subordinate shall be in charge and available during Required Hours of Operation, and on an on-call basis during other hours of the day. 14. Employees. Lessee shall provide, at its sole expense, the employees necessary to provide effectively and efficiently the services required or BAM Ramp Lease -2010- Page 10 authorized in this Agreement. Lessee shall control the conduct, demeanor and appearance of its employees, who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. Lessee shall be responsible to supervise its employees to assure a high standard of service to customers of the Lessee. 15. Charges b Lessee: The Lessee agrees to furnish all services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, however, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 16. Pro e Appearance: Lessee shall at its sole cost and expense keep and maintain the Leased Premises and all improvements, additions or alterations thereto, equipment and landscaping constructed or installed upon the Leased Premises, in first-class condition, which condition shall at all times be based on a standard of care reflecting prudent property management. D. SIGNS. No signs, posters, or other similar devices ("Signage") shall be placed on any portion of the Leased Premises or Airport property without the prior written approval of Lessor. Lessee, at its sole expense, shall be responsible for the creation, installation and maintenance of all such Signage. Lessee shall pay to Lessor any and all damages, injuries, or repairs resulting from the installation, maintenance or repair of any such Signage. Any Signage placed on the Leased Premises shall be maintained at all times in a safe, neat, sightly and good physical condition. All signage shall be removed from the Leased Premises by Lessee immediately upon receipt of instructions for removal of same from Lessor, including without limitation, upon expiration or termination of this Lease Agreement. If Lessee fails to remove the Signage then Lessor may do so at the sole cost and expense of Lessee. Lessee shall be permitted the right to place two wall signs, no greater than thirty-two square feet each, identifying the commercial hangar operation. All signage shall comply with all applicable ordinances including the City of Denton sign ordinance." E. ENTRY. Lessor and its designees shall have the right to enter the Leased Premises upon reasonable advance notice (written or oral) and at any reasonable times for the purposes of inspecting the Leased Premises, performing any work which Lessor elects to perform under this Lease Agreement. Nothing in this section shall imply any duty upon Lessor to do any work, which under any other provision of this Lease Agreement Lessee is required to perform, and any performance by Lessor shall not constitute a waiver of Lessee's default. Vl. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT. Upon payment of all rent, fees, and performance of BAM Ramp Lease - 2010- Page 11 the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Leased Premises and all rights and privileges herein granted. B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of the Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from the Airport; Lessor further warrants and represents that at all times during the Lease Term, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this Lease Agreement is subject to the following special terms and conditions. RUNWAYS AND TAXIWAYS. Because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the taxiways, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical activity" referred to in this clause shall include any activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of violating the provisions of this section on two or more occasions shall be sufficient to cause the immediate termination of this entire Lease Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD ROPROVEMENTS A. REQUIREMENTS: Before commencing the construction of any additional improvements on the Leased Premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the Leased Premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. BAM Ramp Lease- 2010- Page 12 2. All plans and specifications showing the location upon the Leased Premises of the proposed construction and improvements; 3. The estimated cost of such construction. No construction may commence until Lessor has approved the plans and specifications and the location of the Lease Improvements, and the estimated costs of such construction. Approval by the Lessor shall not be unreasonably withheld. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy of this Lease Agreement filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this Lease Agreement. No later than 30 days after completion of the Additional Lease Improvements, Lessee shall submit to Lessor detailed as built plans of the Additional Lease Improvements and documentary evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements ("Cost to Construct Lease Improvements"). B. OWNERSHIP OF IMPROVEMENTS: Except as otherwise provided in this Lease Agreement, the Lease Improvements constructed upon the Leased Premises by lessee shall remain the property of Lessee during the Lease Term subject to the following conditions, terms and provisions: 1. Assumption. The Lease Improvements shall automatically become the property of Lessor absolutely free, without any cost to Lessor, at the end of the Lease Term, or any extension thereof. 2. Cancellation or Termination. Should this Lease Agreement be cancelled or terminated before the end of the Lease Term, or extension thereof, Lesson- shall have the right to purchase all of the Lease Improvements. In the event of a cancellation or termination, other then due to a default by Lessee that has not been cured as provided below, the purchase price shall be equal to the most recent value of the Lease Improvements as determined by the Denton County Central Appraisal District ("Value of the Lease Improvements") reduced by 1/30 for each year of the Lease Term that has expired as of the date of termination (the "Purchase Price"). With regard to Additional Lease Improvements, should the Denton County Central Appraisal District not determine a separate value for the Lease Improvements, or should such BAM Ramp Lease -2010- Page 13 separate valuation be older than two years, then the Purchase Price will be determined taking the Cost to Construct the Lease Improvements reduced by 1130 for each year the Lease Term has expired as of the date of termination. If the termination or cancellation is due to a default by Lessee that has not been cured within 30 days after written notice of default to Lessee, then the Purchase Price as determined above shall be reduced by 50%. However, if Lessee provides written notice to Lessor within said 30 day cure period that it is impossible to cure such default within said time period, then the Lessor may consent to an extension of such time to cure, which consent will not be unreasonably withheld. IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of improvement and retains a security interest in said improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to operate or manage such improvement according to the terms of this Lease Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the Lease Term. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the Leased Premises for the purpose of providing underground utility services to, from or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Leased Premises and Lessor shall restore the property to the original condition as is reasonable practicable upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this Lease Agreement, convey more than fifty percent (50%) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the Leased Premises for any purpose, except for rental of hangar space or tie-down space for storage of aircraft only, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for Airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion BAM Ramp Lease -2010- Page 14 of the Leased Premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this Lease Agreement shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. REQUIRED INSURANCE: Regardless of the activities contemplated under this Lease Agreement, Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's sole expense, the following minimum insurance coverages: 1. Commercial (Public) General Liability covering the Lessee or its company, its employees, agents, tenants and independent contractors, and its operations on the airport. Coverage shall be in an amount not less than $1,000,000 per occurrence and provide coverage for premises/operations and contractual liability AND where exposure exists, coverage for: products/completed operations; explosion, collapse and underground property damage. 2. All risk property insurance on a replacement cost basis covering loss or damage to all facilities used by the Lessee, either as a part of this agreement or erected by the Lessee subsequent to this agreement. Under no circumstances shall the Lessor be liable for any damages to fixtures, merchandise or other personal property of the Lessee or its tenants. 3. Business Automobile Liability to include coverage for Owned/Leased Autos, Non- Owned Autos and Hired Cars: For operation in aircraft movement areas the limit of liability shall be $100,000 per occurrence. For other operations the limit of liability shall be consistent with the amount set by State Law. B. ADDITIONAL COVERAGES: In addition to the above referenced coverages, the following insurance is required if the activity or exposure exists or is contemplated: 1. Aircraft Fuel/Oil Storage and Dispensing - Comprehensive Commercial (Public) General Liability shall include coverage or separate coverage shall be provided for Environmental Impairment Liability. 2. Aircraft Sales or Aircraft Charter and Air Taxi - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Passenger Liability in an amount of $100,000 per person (per passenger seat) shall be provided. 3. Aircraft Rental or Flight Training - Aircraft Liability in the amount of $1,000,000 BAM Ramp Lease - 2010- Page 15 per occurrence to include Hull Coverage and Liability, Passenger Liability in the amount of $100,000 per person (per passenger seat) and Student/Renter Liability covering all users in the amount of $500,000 per occurrence. 4. Specialized Commercial Flying (including crop dusting, seeding, and spraying, banner towing and aerial advertising, aerial photography and surveying, fire fighting, power line or pipe line patrol) - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Passenger Liability in an amount of $100,000 per person (per passenger seat) shall be provided. 5. Aircraft Storage, Maintenance and/or Repair - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Hanger Keepers Liability in the amount of $500,000 per occurrence shall be provided. The requirement for Hangar Keepers Liability shall not apply to individual owner/operators whose primary use of the hangar space is the storage of their own aircraft. The requirement does not apply to such individuals notwithstanding the fact that they may, from time to time, permit the storage of non-owned aircraft in the hangar space and charge a fee for the storage of such aircraft so long as such use is in the nature of a rent-sharing agreement rather than a commercial aircraft storage business. C. COVERAGE REQUIREMENTS: All insurance coverages shall comply with the following requirements: 1. All liability policies shall name the City of Denton, and its officers and employees as an additional named insured and provide for a minimum of 30 days written notice to the City of any cancellation or material change to the policy. 2. All insurance required by this Lease Agreement must be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies are subject to the examination and approval of the City's office of Risk Management for their adequacy as to content, form of protection and providing company. 3. Required insurance naming the City as an additional insured must be primary insurance and not contributing with any other insurance available to the City whether from a third party liability policy or other. Said limits of insurance shall in no way limit the liability of the Lessee hereunder. 4. The Lessor shall be provided with a copy of all such policies and renewal certificates. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease Agreement. 5. During the Lease Term, or any extension thereof, Lessor herein reserves the right BAM Ramp Lease -2010- Page 16 to, with 60 days notice, adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this Lease Agreement by written notice to Lessee. However, if Lessee provides written notice to Lessor within said 30 day cure period that it is impossible to cure such default within said time period, then the Lessor may consent to an extension of such time to cure, which consent will not be unreasonably withheld. In the event of default, Lessor has the right to purchase any or all of the Lease Improvements under the provisions of Section VIII.C.4. hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent juris- diction of a permanent injunction in any way preventing or restraining the use of the Airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use the Lease Premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such BAM Ramp Lease -2010- Page 17 that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel this Lease Agreement as aforesaid, or may elect to continue this Lease Agreement under its terms, except, however, that the use of the Leased Premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. Should Lessor close the Airport and relocate the Airport to another location during the primary term of this Lease Agreement, Lessee shall have the right to relocate its facilities to the new airport at a suitable location under the same or similar terms of this Lease Agreement. The cost of relocation of Lessee's facilities will be shared by Lessor and Lessee in proportion to the number of years remaining on the primary term of this Lease Agreement. In this regard Lessor will be responsible for 1/30 of the such costs for every year remaining on the primary term. XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire understanding between the parties and as of its Effective Date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this Lease Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage fees prepaid or via facsimile as follows: 1. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 Fax No.940.349.8596 2. If to Lessee, addressed to: Damon Ward, President BAM Ramp Lease -2010- Page 18 BAM Denton Management Ventures, L.L.C. 5007 Airport Road Denton, Texas 76207 Phone (940) 898-1200 Fax No. (940) 382-5602 E. HEADINGS. The headings used in this Lease Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW AND VENUE. This Lease Agreement is to be construed in accordance with the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease Agreement shall be a court of competent jurisdiction in Denton County, Texas. G. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of covenant or term of this Lease Agreement may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease Agreement. H. NO AGENCY. During all times that this Lease Agreement is in effect, the parties agree that Lessee is and shall not be deemed an agent or employee of the Lessor. 1. FORCE MAJEURE. None of the Parties shall be in default or otherwise liable for any delay in or failure of performance under this Lease Agreement if such delay or failure arises by any reason beyond their reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications. However, lack of funds shall not be deemed to be a reason beyond a Party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Lease Agreement. J. SUPERCEDES EXISTING LEASE. This Lease Ageement supcrcedes and takes the place of the Existing Lease in its entirety. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the Effective Date first above written. CITY OF DENTON, TEXAS, LESSOR BY: GEORGE C. CAMPBELL, CITY MANAGER BAM Ramp Lease - 20tO- Page 19 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 2010, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of said municipality. NOTARY PUBLIC, STATE OF TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BAM DENTON MANAGEMENT VENTURES, L.L.C., a Texas limited Liabili BY: DAMON WARD, PRESIDENT NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the -'2- day of , 2010 by Damon Ward, President, BAM Denton Management Ventures, L.L.C., a Texas limited liability company, on behalf of said company. -d Lk NUE ~MM~IiLLII~ NO Y PUBLIC, STATE OF TEXAS My pwrilM~ 4MM Mqr X13 p Lease - 2010- Page 20 a cr ~d CD CID C) m X Approved by Airport Advisory Board on Chairman Mr. Brown MINUTES AIRPORT ADVISORY BOARD Secretary, Mrs. Mullins JUNE 9, 2010 After determining that a quorum was present, the Airport Advisory Board of the City of Denton, Texas convened in a Regular Meeting on June 9, 2010 at 5:30 p.m. in the Airport Terminal Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the following items were considered: BOARD MEMBERS PRESENT: Chairman, Mr. Brown, Vice Chairman, Mr. Brewer, Dr. Smith, Mr. Clark, Mr. Pugh, Mr. Schofield, and Mr. Fykes. BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Quentin Hix, Airport Manager, Julie Mullins, Administrative Assistant, Andrea Sumner, Operations Coordinator. PUBLIC PRESENT: Mark Taylor, US Aviation Group, Rick Woolfolk, Damon Ward, Business Air Center and Jim Stodold. ITEMS FOR INDIVIDUAL CONSIDERATION VIII. Receive a report, hold a discussion and provide a recommendation to City Council requesting the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC (BAM) at the Denton Airport. Mr. Hix gave a report on this lease. On page 39 there is a drawing of 50,000 square feet west of terminal and to North. Mr. Hix commented that he has been in communications with Mr. Ward and he has signed the lease. Mr. Ward said the only way he could express his views on this issue was to sign the lease. He would like to have a lease that is concurrent with existing lease. Mr. Fykes made a motion to match the terms with existing lease. Dr. Smith seconded motion. Motion carried 7-0 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - DCAI0-0005 (Industrial Center General Zoning District Building Height) Hold a public hearing and consider an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval of this request with conditions (6-0). BACKGROUND To create greater opportunities for economic development, job growth, and to build the City's tax base, staff is proposing an increase in the maximum permitted building height in the Industrial Center General (IC-G) zoning district. The IC-G zoning district is the City's most intense zoning district overall in terms of permitted land uses, and is also the more intense zoning district between the City's two (2) Industrial Center zoning districts. Per Subchapter 5 of the Denton Development Code (DDC), the purpose of the Industrial Centers is to provide locations for a variety of work processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. Land Use categories within Industrial Centers include IC-E Industrial Center Employment and IC-G Industrial Center General. During a recent review of a development application submitted to the City by Target Industries, City staff noticed that the maximum building height permitted in the Industrial Center Employment (IC-E), Regional Center Commercial Downtown (RCC-D), and the Employment Center Commercial (EC-C) zoning districts are all set at one hundred feet (100'); however, maximum building height in the IC-G district was limited to 65 feet, despite its classification as an industrial zoning district. According to the Denton Plan, "Community goals should be incorporated into industrial recruitment and expansion programs. A primary goal of economic diversification is to attract and recruit industries that use high-quality environmental practices, bring new capital into the economy, and provide higher than average wage jobs." Distribution centers which utilize Automated Storage and Retrieval Systems (ASRS) in their operations are environmentally friendly in that they require vertical height in lieu of horizontal area, thus utilizing less acreage than a traditional distribution center since they have a smaller building footprint. They also require a more technically skilled staff to maintain and operate the ASRS system. 1 In order to ensure that the City can continue to achieve these goals of the Denton Plan and maintain competitive equity with other Metroplex cities, the development standards for the Industrial zoning districts should accommodate facilities which utilize new technology such as the ASRS. The ASRS for warehouse and distribution centers requires a certain building height in order to operate efficiently. The system has two basic components; bulk pallet storage of stretch wrapped pallets which require approximately 96-feet of clear inside height, and storage of individual cartons for order assembly which requires approximately 79-feet of clear inside height. The height requirements may vary based on the specific type of system and the needs of the user. The proposed Target Industries warehouse distribution center is in the early planning stages for a location in Denton at Airport Road and Corbin Road. The maximum height of this facility will be 125 feet (see attached elevations). However, staff is of the opinion that the height increase is appropriate for other potential similar developments within this zoning district given this new type of technology. In addition, the similar but less intense Industrial Center Employment (IC-E) zoning district permits a maximum stricture height of 100 feet. In order to accommodate the height requirements of these new systems, staff is proposing to amend the building height limitation in the IC-G district from a maximum of 65 feet to a maximum 125 feet. Staff originally proposed a limitation which required the approval of a Specific Use Permit (SUP) for buildings over 125 feet. At the Planning and Zoning Commission hearing on July 28, a member of the Commission made a motion to approve the 125 foot height limitation with a limitation requiring approval of a SUP for buildings over 125 feet. The Commission was advised by the Deputy City Attorney to establish a maximum building height for buildings over 125 feet in height. The Commission then made a motion to recommend a maximum building height of 160 feet with the limitation requiring a SUP for all buildings over 125 feet. Since the Planning and Zoning Commission meeting on July 28, 2010, staff has taken the position that 125 feet is an adequate height for this district and has removed the SUP allowance for additional height from staff s recommendation. Staff completed a survey of maximum permitted building heights in the industrial districts that included the nine cities listed below. The results are as follows: City Maximum Height Permitted in Industrial District Carrollton 75 feet San-er 75 feet 100 feet, 4 feet may be added to the building height for each 1 foot that the Irving building or portion thereof is setbac.l: from the required yard lines provided that the cubical content the bulldln< shall not exceed the cubical contents of a prism 2 having a base equal to the area of the lot and a height of 100 feet. Dallas 110 feet unless restricted by the residential proximity slope. Fort Worth 12 stories or 120 feet maximum No restriction except as limited by floor McKinney area ratio and by any restriction which may be imposed by virtue of aircraft approach and turning zone height restrictions. Plano None Frisco No maximum No building shall exceed in height the width of the street on which it faces plus the depth of the front yard. On a lot adjoining a residential district, no building shall exceed 45 feet except that this height may be increased up to the maximum of 12 Lewisville stories, or 180 feet at the rate of 2 feet of additional height for each I foot of additional setbacl: from required yard lines. In no event, shall any building exceed 2 stories when any portion of the building is located within 150 feet of any property zoned for residential purposes. The results range from a maximum building height of 75-feet to no maximum height limitation at all. If approved, the proposed maximum height of 125-feet falls in the middle of the range of permitted maximum industrial building heights. The following strictures and their height are offered for comparison purposes: • Wells Fargo Building located at the intersection of S. Locust Street and E. Hickory Street: nine (9) floors (108 feet assuming 12 feet per floor); • TWU residence towers located off E. University Drive and Bell Avenue: 21 floors and 24 floors (210 and 240 feet respectively assuming 10 feet per floor); • Denton Regional Medical Center: III feet tall; • Presbyterian Hospital: 109 feet tall; • Airport Control Tower: 56.5 feet to top of rails; and • Morrison grain elevators: 175 feet at the highest point. According to the City of Denton GIS, there are 3,623.28 acres in the IC-G zoning district (Exhibit 2), the majority of which is located west of Interstate 35W. The wastewater treatment plant and City Landfill are located within an IC-G district which is located on the eastern side of the city, and there are a few smaller tracts of land, including the Acme Brick facility, which are located along Fort Worth Drive. PRIOR ACTION/REVIEW July 28, 2010 - Planning and Zoning Commission work session and public hearing. RECOMMENDATION The Planning and Zoning Commission recommends approval of the proposed amendment with the following condition: 1. The maximum permitted height in the IC-G district shall be 160 feet. The Development Review Committee recommends approval of increasing the maximum building height within the IC-G district to 125 feet. OPTIONS 1. Approve as submitted 2. Approve with changes 3. Deny 4. Postpone consideration 5. Table item EXHIBITS 1. Proposed Amendment to Subchapter 5 2. Map of IC-G districts 3. IC-G District with Airport Overlay 4. Elevation of ASRS System 5. Possible Building Elevation 6. Draft Ordinance Prepared by: C ~t CL~ Cindy Jackson, AICP Planning Supervisor Respectfully submitted by: Mark Cunningham, AICP, CPM Director, Planning and Development 4 EXHIBIT I Proposed Amendment to Subchapter 5 35.5.7.3 General Regulations. General regulations of the Industrial Centers are contained in the table below: General Regulations Minimum lot area (square feet) 750 0 5,000 Minimum lot width et 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a 10 feet 10 feet street 30 feet, plus 1 30 feet, plus 1 Minimum yard when abutting a foot for each foot for each residential use or district foot of building foot of building height above height above 30 30 feet feet Maximum FAR 0.75 0.40 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% 6F; #eet Maximum building height 100 feet 125 feet 5 EXHIBIT 2 Locations of IGG Districts I y I 7 1 F', W ~Ert r I~ ILI i u r 1 nr~ i 4~ r l b .l~ ~ C 7. 1 1 ra 1 r f f7., I I r»f . ^t ~ t~m E r' A 1 ~ I r 1 _yl- ,ti. 4J `VI fO" ~ A t ~ti 1 Z r ~ L a N ~1 :9 a, r taw-; ; i ;AL IC-G Districts - ~'i F- "'71 H f t`R.Y uJ W GI= ~ _ I ~ 11 a , 6 EXHIBIT 3 IGG District with Airport Overlay RFEM ETJ f,F ,I~ E { TJ `+if.V Vi,i J E EG z RL;C O h, F -F 1Y "I i Airport { Overlay E F. I J CORBIi, CCREIN i NR 2 ETJ Ir-r3 l ~r7 EXHIBIT 4 Elevation of ASRS System I>,ii~",~• 11~ II. 1 1 125' 125' I >I ~ P ) r ` ll l r f r r 8 EXHIBIT 5 Possible Building Elevation 4 ~ r. r IF, is ■ ~ I I{t 1r~ r 9 EXHIBIT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE MODIFYING THE HEIGHT REQUIREMENT IN THE GENERAL REGULATIONS OF THE INDUSTRIAL CENTER GENERAL (IC-G) ZONING CLASSIFICATION AND USE DESIGNATION AND ADDING TO THE LIMITATIONS CONTAINED IN SUBCHAPTER 5; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA10-0005) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 5 of the Denton Development Code; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Denton Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Subchapter 35.5 of the Denton Development Code is amended to reflect the changes outlined in Exhibit "A", which is attached hereto and incorporated fully herein by reference. All other provisions not changed herein are to remain as written. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Page 1 of 3 Dour _ _ .'i'rk I0-00il' PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A Y Y: Y `F Page 2 of 3 Exhibit A Section 35-5.7.3 of the Denton Development Code is hereby amended to revise the General Regulations for maximum building height for buildings located in the IC-G zoning designation and use classification to read as follows: GENERAL REGULATIONS IC-E IC-G MINIMUM LOT AREA (SQUARE FEET) 2,500 5,000 MINIMUM LOT WIDTH 50 FEET 50 FEET MINIMUM LOT DEPTH 50 FEET 50 FEET MINIMUM FRONT YARD SETBACK 10 FEET 10 FEET MINIMUM SIDE YARD 6 FEET 6 FEET MINIMUM SIDE YARD ADJACENT TO A 10 FEET 10 FEET STREET 30 FEET, 30 FEET, PLUS 1 PLUS 1 FOOT FOOT FOR FOR MINIMUM YARD WHEN ABUTTING A EACH EACH RESIDENTIAL USE OR DISTRICT FOOT OF FOOT OF BUILDIN BUILDIN G G HEIGHT HEIGHT ABOVE ABOVE 30 FEET 30 FEET MAXIMUM FAR 0.75 0.40 MAXIMUM LOT COVERAGE 80% 90% MINIMUM LANDSCAPED AREA 20% 10% MAXIMUM BUILDING HEIGHT 100 FEET 125 FEET Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Planning and Development ACM: Freed Greene SUBJECT -DCA10-0006 (Gas Well Ordinance) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas concerning: (1) Proposed amendment to Subchapter 3 of the Denton Development Code regarding the Zoning Board of Adjustment; (2) Proposed amendment to Subchapter 16 of the DDC regarding gas well development platting; (3) Proposed amendments to Subchapter 22 of the DDC regarding gas well drilling and production; (4) Proposed amendment to Subchapter 23 of the Denton Development Code regarding definitions, as amended by Ord. No. 2010-181; providing for severability, and providing an effective date (DCA10-0006). The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND On July 20, 2010, the Denton City Council adopted several amendments to subchapters 3, 16, 22, and 23 of the DDC relating to gas well drilling and production within the City limits, and gas well platting within the City's Extraterritorial Jurisdiction (ETJ) via Ordinance 2010-181. During the public hearing phase, several concerns were presented by both area residents and representatives of the gas well industry who were present. Staff also received input via several emails. As a result of the concerns that were raised, staff has conducted further review of Ordinance 2010-181 and has made several amendments to the ordinance to address the concerns that were expressed, eliminate potential ambiguous language, and to provide further clarity relative to the spirit and intent of the ordinance. The amendments are as follow: 1. 35.16.19.E - deleted language pertaining to annual inspections and the collection of fees in the ETJ. Staff is conducting further review of a municipality's enforcement authority with its ETJ; 2. 35.22.2 - added language to the definition of "Drilling and Production Area;" 3. 35.22.3 A - added language to allow gas well drilling and production "by right" for property within the City that is unzoned, but are subject to the Rural Residential 5 (RD-5) use regulations; 4. 35.22.3.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district; 5. 35.22.4.G - Added language to address issues of legal non-conformity; 1 6. 35.22.5. - corrected alpha-numeric sequencing and revised language to add clarity regarding separation standards; 7. 35.22.5.A.2.n - revise language to tie screening requirement to the sequencing requirements under 35.22.4, and to further clarify when screening is required; 8. 35.5.A.6.p - deleted this language as it could create potential conflicts with other requirements in the code; 9. 35.22.5.D - corrected alpha-numeric sequencing and added language to establish the City's authority to abate nuisances within 5,000 feet of the City limits in accordance with Texas Local Government Code §217.042; 10. 35.22.6.D - deleted second sentence because it did not fall under the heading of "Criteria for Approval;" 11. 35.22.10.1 - revised language to provide delineation between the issuance of permits by the City and the Texas Rail Road Commission. 12. 35.22.13 - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district, and to improve readability. On August 11, 2010, the Planning and Zoning Commission conducted a public hearing on the proposed amendments, and recommended approval, contingent upon two (2) modifications. The Modifications apply to the following: 1. 35.22.5.A.l.f - Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area: and 2. 35.22.5.C - The following standards apply to gas well drilling and production in the City limits. and within fi~,,e thettsand feet (5,0002) etitside t4e City lim4s, ptir-stifffi~ ~e DISCUSSION The following is a marked-up version of the above mentioned DDC amendments. Deleted text is identified with *_r~'_-~ while new text is identified with red font/underline. 35.16.19.E.5 - Expiration of Gas Well Development Plat If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. Adminis~r-4ian Fee. 35.22.2 - Definition 2 Drilling and Production Area (AKA Gas Well Park, Gas Well Pad,Site). The area dedicated to all gas well drilling and production activities, including the drill site, all strictures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as desi,nate.d on the Gas Well Development Plat or Gas Well Development Site Plan. 35.22.3 - Zoning District Classification for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential 5 (RD-5) or within any unzoned area of the City that is subiect to the use revulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance with the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter '15.6, or- throu,h approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 - Required Authorization for Gas Well Drilling and Production in the City Limits A. No gas well drilling or production activities may he commenced within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a planned devel apmen* dis4 e* (PD) or- Master Planned Community MPC district G. Legal lion-Conformity Provision 1. The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35-3, 35-16, 35-22 and 35-23 do not apply to applications for permits for vas well drilling and production if, on the effective date of such ordinance (Au_,ust 4, 2010), the following circumstances existed: a. For Gas Well Development Plats and associated Watershed Protection Permits, a complete application for a Gas Well Development Plat, together- with any re aired Watershed Protection Permit application, was pending for decision on August 4, 2010, or the area to be platted was the subiect of an approved SUP, detailed plan within a PD district, or site-specific authorization within a MPC district for vas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately rior to such date, b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior- to Aucust 4 2010, and -,as well drillin, and production activities previously have commenced for another- gas well subject to the approved Gas Well Development Plat that is located within one thousand feet (1,000') of the proposed Ras well site, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other- than those described in subsection 1(b), if a complete application for a Gas Well Permit was pending on the effective date of ®rd. No. 2010-. 181, the application is not subject to the separation standards prescribed in section 35.22.S.A.1, as amended by such ordinance, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 35.22.5 - Minimum Separation Standard. C. The drilling and production of gas wells within the City limits er- the City's ET4 shall be subject to the ins following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other rues, habitable structures €ees other than those listed in 35.22.5.A.l.a, shall be five hundred feet (500'). c. The minimum separation requirement established in 35.22.5.A.l.a above may be reduced via the granting of a variance by the Zoning Board of Adjustment. Except that the Zoning Board of Adjustment shall not reduce the minimum separation distance any less than five hundred feet (500'). f. Notwithstanding any other provision of this subsection a subdivision a residence of a habitable structure may be located within two hundred fifty feet (250') of an approved drilling and production area provided that such subdivision residence of habitable structure is served by a public water- supply. 35.22.5.A.2 - Screening Requirements n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted 4 residential subdivision where one (1) or more lots have one (1) or more habitable strictures, or within five hundred feet (500') of all other tises, fe&t-ur habitable structures other than those listed in 35.22.5.A. La, and not within a floodplain, shall be screened f a stie le+s er f atures with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use urs-e-, habitable structures, or platted lot or- lets or- feattir-e preexisted the approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.6.p gr-etiad is leeated within one thatisand feet (1,000') of an e~Eistiag f+esh w4er- well in~ended for- d s 35.22.5.D - Noise Management Standards The following standards apply to gas well drilling and production in the !;+R ts and w;+1,;- J 4. If the ambient noise level that was established and submitted to the City in accordance with 35.22.5.13.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.22.5.D.5 below. 35.22.6-Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production s4e area, and the area shall not be greater than five (5) acres in size. Dr-illing Pall endmen~t *he e plan plie4iat . All standards in section 35.22.5 shall be met.-and Aall conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 2. The following standards apply to an application for a Watershed Protection Permit: a. For land inside the City, all conditions imposed by any applicable Specific Use Permit or a Planned Development District for the land subject to the Watershed Protection Permit. b. Standards in Subsection 35.22.5.(A).6 and 35.22.5.(A).8. 35.22.10 - Review of Permits for Gas Well Drilling and Production A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the 5 deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1, a Specific Use Permit , where required, a Detailed Plan in a Planned Development (PD) district, or a site-specific authorization in a Master Planned Community (MPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Develo np ient Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Well Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. whether the appliention ineludes all of the infer-mation required by this ; 2. whether the application is in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days tifiless he de*er- ilges or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Planned Detailed Plan in a Planned Development (PD) district, or site specific authorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 - Expiration of Gas Well Permit 4. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 5. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved s4e and drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 35.22.13 - Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas 6 Well Development Site Plan, applicable Specific Use Permit or Planned Develapm 4 ei4ii g Piss r-ie+ Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Communitv (MPC) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Developmnn* Gas Well Development Site Plan, applicable Specific Use Permit or met Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Communitv (MPC) district, then the Fire Marshal shall approve the amendment within this (30) days after the application is filed. In addition I,f Lv-za za if I f-, L-- the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. EXHIBIT 1. Marked-Up Version of applicable sections of Ordinance 2010-181 2. Ordinance OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item Prepared and Respectfully submitted by: Mark Cunningham, AICP, CPM Director of Planning and Development 7 Exhibit 1- Marked-up Version Citation Proposed Ordinance 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. , DDC 35.22.2 Drilling and Production Area (41v'4 Gas 11"ell Pane, Gas lI'ell Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank batter--, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the G,r, Well Development Plat or Gas Well Develsl-)ment Site Plus. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or withuk ;un- unzoned ,u`ea of the Citt drat is subject to the use reUulaaions of the RD-5 District, Rural Commercial (RC), Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance Nvit h the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or t ron~lk sminroval of a Det;uled Pl;uk in a Plunked Develol)ment (PDl distict, or site-specific authorization in Master Planned Community (NIPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200' of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may 49,e commence4 within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., annrovd of aof ,r Det;aled Pl;uk In a Plunked Development (PD) district, or site-specific auflhorization in a 7~ Master Planned Community kj\IPC district ~planned 6. Leal Non-Conformity Provision L The amendments to the st;uxlurds, and procedures, enacted by Ord. No. 2010-181 pertaukukg to chu=cs in Denton Develspment Code Subchsrl'ters 35-3, 35-16. 35-22 ukd 35-23 do not ~ni~ 1y tcs ;r ~lic,rtions for i~ekrnits for grs well dkillukg ukd roduction if on the effectiVe d,rte of such ordin;ukce (AuUust 4 20101, the follwvinU circumst;ukces existed: a. For Gas Well Development Plats ;ukd a,sociated V atershed Protection permit, a complete a jic raion for a Gas Well Development Plat, to ether with ;un- required V atershed Protection permit a»phcrtion, was »enduig for decision on such date, or the ,u`ea to be Matted was the subject of ;uk ,tnoroved SUP, det;tiled plsm witkuk a PD district, or sire-specific authorization witkuk a '\IPC district for o;as well drilling ukd production that was still in effect on August 4 20100 i)rovided that the sr~~licrtion is subject to all gas well drilling and production st;uxlurds, uk effect unme&ttely prior to such date. b. For Gas, Well Permits, the a~-)j-)hc raion for the Gas Well permit is subject to a Gas Well Development Plat th,rt identifies the well site, the Plat was approved 1)rior to August j, 1 2010. uid ~2 well dri11u1g and production activities previously have commenced for another gas well subiect to the a )roved cats Well Deveh)pment Plat thstt is located within one thousand feet (1.000') of the proposed gas well site. orovided that the stpphcrtion is subject to all Uas well drilhnU uid production st;uxlurds in effect immediately prior to such date. 2 For Gas, Well Permits other thus those described uh subsection 1.b.. if a complete stpphcrtion for a Gas Well Permit was Pend on august 4 2 101 the ag)j)hccttion is not subject to the sepsuation stuxlsuxls prescribed "*I section .5.22.5. A.1, as amended orduhuhce 2010-181,-~)rovided that the anohcation is subject to all gas well drilluic u c production sepumation stuxlu ds uh effect unme&ttely prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits City's or- the shall be sul--j to the inelude the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance bet-,veen a gas drilling or production sure. and all other used habitable structures, features other than those listed in 35.223. A.La, shall be five hundred feet (500'). d. In lieu of 35.223. ~.Lc above, the standards established in 35.223. A.La and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than t-,vo hundred and fifty feet (250'), via the notarized waiver. f. Notwidhstuhding uhv other provision of this subsection, a Protected Use or lot withuh a previously platted residential subdivision where one (1) or more lots have one (1)-()r more habitable stnuchues may be located as close as two hundred fi&y feet (250') of a pre-esistuhg drillmc, uj 1 production ,ure,r,4)rovided that the lots or Protected tTse is not serN-ed by a freshwater well that is located widhuh one thous;uhd feet (1,000') of the drilling and production area. 2 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more hstbuttble structures, or within five hundred feet (500') of all other --sew habitable structures, other than those listed in 35.223.A.1.a, and not within a floodplain, shall be screened c_H.__ met __.F., hits tir feat Nvith an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected tTse ttsr habitable structures, or Matted lot er lets ti preexisted the tir feature itt tif gas well drilling upnroval of the first ,nnnlic,tble reduirerne it in the sequence of authorizations established under 35.22.4. 35.22.5.A.6.p the grtittind i-s Im-eat-ed A014*hin wn~e thou-saind f~e~e* (1,0002) tif an e~rzisting fresh water well 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all applicable ESA's prior to the approval of a Gas Well Development Plat or Gas Well DevelO i ient Site Pl;uh. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the Cuv limits. 4. If the ambient noise level that was established and submitted to the City in accordance Nvith 35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.223.03 below. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production side streft, and the area shall not be greater than five (5) acres in size. Drilling tif a different to the site pia" applietttitin. All standards in section 35.223 shall be met-.,aid Aall conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. All applications for Gas Well Permits shall be filed Nvith the Department Who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1, a Specific Use Permit , where required, a Detailed PLuh llh a PLt nhed Development (PD) district or a si -)ecific authorization uh a'\IASter PLunhed Community (\IPCI distict' 2. a Watershed Protection Permit, where applicable; and 3 3. a Gas Well Develo ~ment Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Fell Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. wh e th e r th e app li e ati ti n in eli 1 d -e-s fl 1-1- H- -f th -e in-fo, ftmfl ti &-n- r.e quire d by this 8 tth eh ap te , 2. whether the application is in conformance Nvith the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days hp th'it or determine fliat the application is not in conformance Nvith the applicable Gas Fell Development Site Plan, applicable Specific Use Permit, Det;uled PLun in a PLumed Development (PD) district, or site- specific ,ruthoriz,rtion In a Master PLumed Cormunity (\IP(-') district The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the , City- the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the Cit- before the expiration date, the approved site an drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Drs-'"atriet Det;uled PLun in a Planed Development (PD) district, or sire-specific stuthorizsaion in a Master Planned Community (,\IP(-') district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance Nvith the applicable Watershed Protection Permit, Plat, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plzen un a Planned Develol)1ent (PD) district, or sire-specific ,ruthoriz,rtion in a Master Planned Community ('AIPCI district, then the Fire Marshal shall approve the amendment within flnirt- (30) days after the application is filed. In addition, If, ~erl if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. 4 Exhibit 1 - Clean Version Citation Proposed Ordinance 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. DDC 35.22.2 Drilling and Production Area (41v'4 Gas JFell Pane, Gas lI'ell Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank batter--, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the Gas Well Development Plat or Gas Well Development Site Plan. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within any unzoned area of the City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance Nvith the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or site-specific auflrorization in Master Planned Community (IPC) district. Notwiflistanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may 49,e commence4 within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.13., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (IPC) district; G. Legal Non-Conformity Provision L The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35-3, 35-16, 35-22 and 35-23 do not apply to applications for permits for gas well drilling and production if, on the effective date of such ordinance (august 4, 2010), the following circumstances existed: a. For Gas Fell Development Plats and associated Watershed Protection Permit, a complete application for a Gas Well Development Plat, together with any required Watershed Protection Permit application, was pending for decision on such date, or the area to be platted was the subject of an approved SL?P, detailed plan N ith in a PD district, or site-specific authorization within a MPC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities previously have commenced for .mother gas well subject to the approved Gas Well Development Plat that is located within one thousand feet 1,000' of the proposed as well site, provided that the 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CERTAIN SECTIONS WITHIN SUBCHAPTERS 3, 16, 22, AND 23 OF THE DENTON DEVELOPMENT CODE, RELATING TO GAS WELL DRILLING AND PRODUCTION, DEFINITIONS, AND PROCEDURES, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 2010-181; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, SEVERABILITY AND EFFECTIVE DATE. (DCA10-0006). WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, the authority of a home rule municipality to regulate the exploration and production of natural gas within its city limits and extraterritorial jurisdiction as provided herein, is legislatively recognized, inter alia, at §92.007 of the Texas Natural Resources Code; §§54.012, 212.003, 212.044 and 217.042 of the Texas Local Government Code; and numerous other legislative and Constitutional provisions of the State of Texas; and WHEREAS, the City has codified its regulations governing gas well drilling and production within the City and extraterritorial jurisdiction in Subchapters 16 and 22 of the Denton Development Code, and applicable procedures and definitions in Subchapters 3 and 23; and WHEREAS, after public hearings, the City Council recently amended certain of these codified standards, as set forth in Exhibit 1 to Ordinance 2010-181, for the reasons therein stated; and WHEREAS, in response to further input from both citizens and industry representatives, the Council desires to further refine and clarify certain provisions changed in Exhibit 1 to Ordinance 2010-181, to more clearly achieve the purposes underpinning those changes; and WHEREAS, after providing notice and after conducting public hearings as required by law, the City Council finds that the subject changes to the Development Code, as previously amended by ordinance 2010-181, are consistent with Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Subchapters 3, 16, 22 and 23 of the Denton Development Code, as amended by Ordinance 2010-181, are amended to incorporate the specific changes, as identified by section or subsection in Exhibit "I", and such changed sections or subsections shall hereinafter read verbatim as set forth in Exhibit "1", which is attached and incorporated fully herein by reference; all provisions not specifically changed herein shall remain as written. SECTION 3. It is the intent of the City Council that the provisions of this ordinance shall apply prospectively to applications for gas well drilling and production, except to the extent that state law allows the City to apply new regulations to existing approved or pending applications. Page I It is the further intent of the City Council that the provisions of this ordinance shall apply to any substantive amendment to an existing approved application for gas well drilling and production. SECTION 4. All ordinances in conflict herewith, are amended and superseded to the limited extent of such conflict, and all remaining sections and provisions of such ordinances, not in direct conflict herewith, are hereby made cumulative. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION b. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. The specific changes made by this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS RNE P- B Page 2 Exhibit 1. - Clean Version Citation Proposed Change 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. DDC 35.22.2 Dulling and Production Area (AKA Gas Well Park, Gas Well Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the Gas Well Development Plat or Gas Well Development Site Plan. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within any unzoned area of the City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential 1 (NR 1), Neighborhood Residential 2 (NR--2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- C), Employment Center Industrial (EC-I), Industrial Center Employment (1C-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance with the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet {1,200'} of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may commence within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.B., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district; G. Legal Non-Conformity Provision 1. The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35.3, 35.16, 35.22 and 35.23 do not apply to applications for permits for gas well drilling and production if, on the effective date of such ordinance (August 4, 2010), the following circumstances existed: a. For Gas Well Development Plats and associated Watershed Protection Permit, a complete application for a Gas Well Development Plat, together with any required Watershed Protection Permit application, was pending for decision on such date, or the area to be platted was the subject of an approved SUP, detailed plan within a PD district, or site-specific authorization within a MPC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities previously have commenced for another gas well subject to the approved Gas Well Development Plat that is located within one thousand feet 1,000 of the proposed s well site, provided that the 1 application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other than those described in subsection 1.b., if a complete application for a Gas Well Permit was pending on August 4, 2010, the application is not subject to the separation standards prescribed in section 35.22.5.A.1, as amended ordinance 2010-181, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits shall be subject to the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000 of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other habitable structures other than those listed in 35.22.5.A. La, shall be five hundred feet (500 . d. In lieu of 35.22.5.A.1.c above, the standards established in 35.22.5.A,1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than two hundred and fifty feet (250, via the notarized waiver. e. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures may be located as close as two hundred fifty feet (250 of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area. 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000 of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures, or within five hundred feet (500') of all other habitable strictures other than those listed in 35.22.5.A.l.a, and not within a floodplain, shall be screened with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use, habitable structures, or platted lot preexisted the approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.6.p [Subsection 35.22.5.A.6.p is deleted.] (deletion only) 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all applicable ESA's prior to the approval of a Gas Well Development Plat or Gas Well Development Site Plan. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the City limits. 4. If the ambient noise level that was established and submitted to the Ci in accordance with 2 35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.22.5.0.5 below. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production area, and the area shall not be greater than five (5) acres in size. All standards in section 35.22.5 shall be met, and all conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. AR applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC. for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of 1. a Specific Use Permit, where required, a Detailed Plan in a Planned Development (PD) district, or a site-specific authorization in a Master Planned Community (MPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Well Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. [35.22.10.B.1 is deleted] 2. whether the application is in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within ten (10) days or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Detailed Plan in a Planned Development (PD) district, or site- specific authorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered b the existing Gas Well Permit or Gas Well Development Site Plan, and if the 3 proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. B. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within thirty (30) days after the application is filed. In addition, if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. 4 application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other than those described in subsection l.b., if a complete application for a Gas Well Permit was pending on August 4, 2010, the application is not subject to the separation standards prescribed in section 35.223.A.1, as amended ordinance 2010-181, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits shall be subject to the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currenflv in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other habitable structures other than those listed in 35.223. y.1.a, shall be five hundred feet (500'). d. In lieu of 35.223. y.1.c above, the standards established in 35.223.A.1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property Nvith a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a prmously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than two hundred and fifty feet (250'), via the notarized waiver. f. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area. 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures, or within five hundred feet (500') of all other habitable structures other than those listed in 35.223. y.1.a, and not within a floodplain, shall be screened with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use, habitable structures, or platted lot preexisted the approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all a licable ESA's prior to the approval of a Gas Well Development Plat or Gas Well Development 2 Site Plan. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the City limits. 4. If the ambient noise level that was established and submitted to the City in accordance with 35.223.C.I is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.223.C3 below. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (I) drilling or production area, and the area shall not be greater than five (5) acres in size. All standards in section 35.223 shall be met, and all conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. All applications for Gas Well Permits shall be filed Nvith the Department who shall immediately forward all applications to the DRC for renew. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1. a Specific Use Permit, where required, a Detailed Plan in a Planned Development (PD) district, or a site-specific auflrorization in a Master Planned Community (NIPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Fell Permit. B. The DRC shall review each application within I5 days after acceptance for filing and shall determine: 2. whether the application is in conformance Nvith the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after recei~mg the DRC report within ten (10) days or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Detailed Plan in a Planned Development (PD) district, or site- specific auflrorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and allapplicable standards of the DDC. 3 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance Nvith the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within thirty (30) days after the application is filed. In addition, if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated Nvith the activities covered by the existing permit or that was not oflierwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. 4 AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Planning Department ACM: Fred Greene SUBJECT - SI10-0001 Downtown Implementation Plan Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date (SI10-0001). The Planning and Zoning Commission recommends approval (6-0) with conditions. BACKGROUND The development of the Downtown Implementation Plan (DTIP) is moving ahead with the recent completion of Phase I, Phase II and Phase III. Phases I and II were designed to review existing plans and documents, gather data, receive input from the general public, the Downtown Task Force, and City staff, and assess various Downtown elements. Phase III was designed to take the input gathered and establish a comprehensive vision for Downtown and develop recommendations for review. Currently we are in the final phase, Phase IV which is adoption of the DTIP. The final phase includes internal staff review, presentations to the Downtown Task Force, Planning and Zoning Commission, City Council, and other Boards and Committees. Proiect Definition The purpose of the DTIP is to serve as the catalyst to achieve the goals that define the vision for the Downtown Master Plan. In anticipation of the Denton County Transportation Authority (DCTA) Downtown transit center and as a means to address issues raised by the Downtown business community, the DTIP was developed to manage these items and develop a plan for the development of the Downtown. The DTIP consist of the following elements: Land Use; Parking; Parks, Recreation, and Open Space; Architecture Design; and Linkages/Street with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct Downtown environment and experience; and (4) Provide recommended revisions to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code were used as the basis for all DTIP element recommendations. Project Boundary The boundaries for this project are Carroll Boulevard to the west, Frame and Exposition Streets to the east, Parkway and Withers Streets to the north, and Sycamore Street to the south (see Exhibit 1). Public Involvement The public has had several options to participate in the development of the DTIP. The Downtown Task Force has served in an advisory role throughout this process as a Steering Committee and the regularly scheduled task force meetings have provided the public with the opportunity to review the status of the Plan, provide feedback, and become familiar with the next steps in the process. To date, eight meetings of the Downtown Task Force have been held since the commencement of the DTIP. Staff has also maintained and regularly updated the DTIP section of the City website. Anyone interested in obtaining information on the DTIP can access meeting minutes, survey results, and drafts of the DTIP. Also on the City website, participants can provide input which is sent directly to City staff. In addition, City staff has gone out into the community and visited with business owners, retailers, and institutional land users to inform them of the DTIP and invite their participation. During these visits, staff has handed out project brochures, tent cards, and flyers that were placed at cash wrap counters or posted in shop windows. Project LoKo Staff has also developed a project logo for the DTIP as a project identifier to aid and promote public recognition. The logo is used for all project press releases or news disseminated to the public. ,Stakeholder Intervielvs During Phase I, a questionnaire was used to gather information from the City and public to provide input that resulted in scalable answers targeted at topics the DTIP will address. During this phase, Jacobs conducted over 60 interviews with key individuals and small groups covering topics that included: Downtown Investment; Opportunities for Growth; Financing; Land Uses; and Parking. The interview questionnaire was also posted online where another 130 interviews were received. The input received during these interviews was valuable in establishing a framework to address specific Downtown issues. Doirntolvn Assessment Findings Jacobs completed an assessment of the Downtown relating to: Land Use, Parking, Parks and Open Space, Architectural Design Guidelines, and Linkages/Street ROW. Each assessment was designed to analyze and review existing conditions of the Downtown and utilize those assessments to formulate opportunities for land uses and the associated ratios that will provide the needed balance for sustainability both economically and for quality of life. For example, a majority of the land in Downtown is zoned Downtown Commercial General (DC-G). This zoning district permits retail uses but limits certain residential land uses that may be needed to provide a continuous presence in the Downtown to support the retail uses. Public Meeting -1 On December 14, 2009 the City hosted the first public meeting at Central Fire Station. The purpose of the meeting was to present preliminary information that had been compiled to date, and also provided the public with the opportunity to review and comment on the first set of draft goals and objectives for the DTIP. All of the land use assessments were presented to the approximately 45 people in attendance. Attendees also commented on providing opportunities for the arts and entertainment, and developing locations for outside dining and open space. Public MeetiLg -2 A second public meeting was held on March 10, 2010 at the Civic Center. Approximately 75 people were in attendance. The purpose of the meeting was to present the initial results of the existing conditions and analysis along with draft recommendation strategies. The draft recommendation strategies discussion focused on: Parking, Complete streets, Parks and outdoor venues, solid waste removal, and Review of the Form Based Code. The participants also participated in answering a series of questions located at various stations dispersed throughout the room. They were instructed to place dots on the answer that best represented their opinion on the particular implementation strategy. Each participant placed either a green (yes) or a red (no) dot in the space provided. The purpose was to gauge the community's preferences among the initial implementation strategies and plans for Downtown. Proposed DTIP The proposed DTIP is a set of physical plans and detailed recommendations to increase economic development in Downtown Denton. The DTIP defines specific action items to be taken to implement the recommendations, and it establishes strategies for when and how these action items should be implemented, see Exhibit 2. The DTIP is divided into six Chapters, see below. Chapter 1 - Introduction Chapter 2 - Public Involvement Chapter 3 - Existing Condition Assessments Chapter 4 - Downtown Recommendations - Land Based Chapter 5 - Downtown Recommendations - Infrastructure Based Chapter 6 - Implementation Strategy Denton Plan The Denton Plan was used as the basis for all DTIP element recommendations. The Denton Plan sets a framework for planning and strategy development for the entire City of Denton. The DTIP does not update the Denton Plan, but is a part of a series of small area plans necessary to build on the work of the Denton Plan. The DTIP will supplement and be a part of the Denton Plan with more detail necessary to guide everyday community development decisions. Next ,Steps If the DTIP is accepted, staff will begin working on completing their review of the Form Based Code (FBC) for adoption. This will include an amendment to the Denton Plan and including other comprehensive plan documents. In addition, staff will begin preparing a Downtown Wayfinding System, amending the Mobility Plan, and performing engineering studies to support the DTIP. Each is described below: 1. Form Based Code FBCs are distinctly different from typical zoning ordinances and standards. FBCs focus on creating functional, attractive, and economically-successful neighborhoods and commercial areas by creating a more predictable outcome of physical development. One of the DTIP recommendations is to adopt a FBC for the Downtown area. Staff has been working with Dennis Wilson with Townscape, Inc. on drafting a FBC. Staff will bring forward the draft FBC for consideration at a later date. The FBC facilitates the DTIP recommendations by setting standards and developing policy language for elements, such as building form, parking, open space, architectural elements, and streetscape. The FBC is a stand-alone document that will replace the existing zoning for Downtown. A new zoning district will be created into the Denton Development Code (DDC), called "Downtown District" to include all of the FBC text. All of the standards and intent statements in the new Downtown District will govern where any conflicts may arise with other DDC provisions. 2. Downtown Wayfinding System An enhanced wayfinding system is needed in Downtown. Such a wayfinding system would provide graphic information to aid travelers and visitors to confidently determine the route to reach chosen destinations. It enhances the ability to orient and locate oneself within an area. The DTIP is recommending a comprehensive wayfinding system study to define the type of signs, locations, content, and sign design. These signs will be designed specifically for Downtown and its points of interest, including public parking and directions to the area's multiple destinations, such as Quakertown Park, the proposed DCTA Transit Center, Courthouse Square, UNT, TWU, and others. 3. Mobility Plan Amendment The current Denton Mobility Roadway Plan establishes the Downtown streets and arterials are under suburban design criteria. This is not the desired solution for Downtown to achieve its goals. Downtown needs to have a set of street and design standards that are urban with multi-modal functions that support active street land uses. The DTIP is recommending a comprehensive change of the Mobility Roadway Plan for Downtown. 4. Traffic Impact Analysis A traffic impact analysis to accommodate the proposed road section changes and rerouting will need to be completed, working in concert with TxDOT and DCTA. The adoption of the DTIP is contingent on results of this traffic impact analysis when completed. 5. Water, Wastewater, and Dry Utility Studies Water, wastewater, and dry utility studies to accommodate the proposed density and intensity proposed by the DTIP will need to be completed. The adoption of the DTIP is contingent on results of water, wastewater, and dry utility studies. Planning and Zoning (loJ?nyi1 .Sion Public HearI Lg On July 28, 2010, the Planning and Zoning Commission considered and recommended approval of the DTIP (6-0) with the following conditions: 1. Remove the Quakertown Park section from the draft DTIP 2. Add language to the Solid Waste section Prior to the Planning and Zoning Commission public hearing, a citizen commented on the proposed recommendation by the consultant to replace the Civic Center Pool with a large civic amphitheater. The citizen stated that relocating the pool from Quakertown Park would be problematic and should be fully discussed prior to any action. At the Planning and Zoning Commission public hearing, the Commissioners agreed that the proposed recommendation was not a good idea without a comprehensive analysis. The Commissioners were not satisfied with the proposed recommendation and requested that the Quakertown Park section be removed from further consideration. Following the City Council work session, the consultant revised the draft DTIP and added language to the Quakertown Park section explaining how the Civic Center pool will be replaced. Refer to page 62 of the draft DTIP. Also discussed at the Planning and Zoning Commission public hearing, was language related to solid waste strategies in the Downtown District, a sub-district in the DTIP area. Presented to the Commission were strategies for solid waste removal in the Downtown District. Refer to page 114 of the draft DTIP. PRIOR ACTION/REVIEW July 8, 2010 Steering Committee Meeting July 9, 2010 Developers Committee Meeting July 14, 2010 Planning and Zoning Commission Work Session July 28, 2010 Planning and Zoning Commission Public Hearing August 3, 2010 City Council Work Session EXHIBITS 1. Project Boundary Map 2. Draft DTIP 3. Resolution RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6-0) with the following conditions: 1. Remove the Quakertown Park section from the draft DTIP 2. Add language to the Solid Waste section Staff recommends approval of the proposed DTIP as submitted with language added to the Quakertown Park section and the Solid Waste section. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item Prepared by: PQ40C • Ron Menguita, AICP Development Review Liaison Respectfully submitted by: Fred Greene Assistant City Manager EXHIBIT 1 , ll I II ~ _ I < - 17 a l I 4w Ob~[!M - . - /r 110, ~ ( uwalaaor ` rnnis cN~ r LL F1 ~aavo-~ f - F '-I w _ - -I- F s:llegahour documentslresolutions1I01siI0-0001 resolution.doc RESOLUTION NO. A RESOLUTION ACCEPTING THE RECOMMENDATIONS, IMPLEMENTATION STRATEGIES AND METHODOLOGIES PROPOSED IN THE DOWNTOWN IMPLEMENTATION PLAN FOR THE DOWNTOWN AREA, GENERALLY LOCATED SOUTH OF PARKWAY AND WITHERS STREETS, NORTH OF SYCAMORE STREET, EAST OF CARROLL BOULEVARD, AND WEST OF FRAME AND EXPOSITION STREETS; AND PROVIDING AN EFFECTIVE DATE. {S110-0001) WHEREAS, on December 7, 1999, the City of Denton adopted the Denton. Plan; and WHEREAS, the Denton Plan sets a framework for planning and strategy development for the entire City of Denton, anticipating that a future small area plan will eventually supplement and be a part of the Denton Plan with more detail necessary to guide everyday community development decisions; and WHEREAS, through a public involvement process with residents, business owners and other area stakeholders, a framework of recommendations and strategies on Land Use; Parking; Parks, Recreation, and Open Space; Architecture Design; and Linkages/Street has been formulated to assist with future community development decisions for the Downtown area; and WHEREAS, the City Council finds that the finds that the recommendations, implementation strategies and methodologies proposed within the Downtown Implementation Plan are consistent with the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference as true. SECTION 2. The Downtown Implementation Plan planning area is identified as the area bounded generally by Carroll Boulevard to the west, Frame and Exposition Streets to the east, Parkway and Withers Streets to the north, and Sycamore Street to the south. SECTION 3. The Denton City Council hereby accepts the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan as presented in Exhibit "A", attached hereto and incorporated herein by reference; and encourages further progress toward a plan amendment incorporating these concepts into future code and comprehensive plan amendments for the Downtown Area. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, C ORNEY r B i 3 EXHIBIT A Draft Development Implementation Plan Venfon Downtown Implementation Plan Downtown Implementation Plan FO1-111 bascd cOdc C0111pIct, -~i rcvl ~p ~..warv..,_ uss mua Mixed Used f7 r~T ~d Us© JL'~ a ~ N VA Mixed Use • J~ r i I 111 ~ - 4 3„d Crr=Y~i l~.it Icr ~Il r m i Lit: 1J r~ J-J F', r n 6 ~ ¢ Few, "Inq Lc, sti,)L" I],, tuturc land use Adoption Date: August 2010 Draft Copy Date: 10 August 2010 TOM ~TS(:,APF. )O«III")II-i~iclt~~I I l~(:L(;O A special thanks to all of the many Denton citizens, business leaders and students that participated in this successful plan for Downtown Denton. Thank you! Do entan Mark Burroughs Mayor Pete Kamp Mayor Pro Tern Charyle Heggins District 1 Dalton Gregory District 2 Jim Engelbrecht District 3 Chris Watts District 4 James King At Large Place 6 Joe Mulroy Past Council Member Walter Eagleton Chair Jay Thomas Vice-Chair Patrice Lyke Jean Schaake John Ryan Brian Bentley Thom Reece Marty Rivers Chair Peggy Capps Margaret Chalfant Martin Howard Karen Dickson Hank Dickenson Matt Gaston Luke Grizzaffi Shirley Hensley Herbert Holl Greg Johnson Dale Kimble Robert Milnes Bob Moses Alex Payne Kim Phillips Steve Plunkette Todd Price Carrell Ann Simmons Jay Thomas Kyle Voyles Core Project Team Fred Greene Assistant City Manager Brian Lockley, AICP Development Review Administrator Ron Menguita, AICP Development Review Liaison Linda Ratliff Director - Economic Development Mark Nelson Director - Transportation Emerson Vorel Director - Parks and Recreation Julie Glover Program Administrator - Economic Development Special Thanks City Manager's Office Denton Municipal Electric Economic Development Department Finance Department Fire Department TxDOT Park and Recreation Department Planning and Development Department Solid Waste and Recycling Department Streets and Traffic Control Department Water Utilities Department Utility and CIP Engineering Department Denton County Transportation Authority (DCTA) North Central Council of Governments (NCTCOG) Jacobs Rick Leisner, AICP Project Director Alexis Massaro, AICP Project Planner Brad Moulton, ASLA Project Landscape Architect Jeremy Wyndham, PE Mike McAnelly, FAICP Noelle Flocke, ASLA John McCarthy, AICP Jake Baker Townscape Dennis Wilson, FAICP Form Based Code - Director Jim Richards, ASLA Robert Charles Lesser Co. Todd LaRue Chris Volney Bowman-Melton Bud Melton Susan Justus Do entan Acknowledgements 4 Tabel of Contents .................................................................................6 Ex. Executive Summary ....................................................................9 1. Introduction ....................................................................................13 A. Purpose of the Plan 16 B. Context ................................................................................17 C. Influences on Downtown .....................................................19 2. Public Involvement ........................................................................21 A. Downtown Task Force .........................................................22 B. Stakeholder Interviews ........................................................23 C. On-line Survey .....................................................................24 D. Public Meetings 24 E. Additional Outreach .............................................................28 3. Existing Condition Assessments .................................................29 A. Introduction 30 B. Land Use Assessment .........................................................31 C. Parking Assessment ............................................................34 D. Parks, Recreation, and Open Space Assessment ..............37 E. Streets and Linkages Assessment ......................................40 F. Solid Waste Assessment ......................................................43 G. Architectural Guidelines Assessment ..................................48 4. Downtown Recommendations - Land Based 49 A. Form Based Code (Future Land Use) .................................50 B. Parks, Recreation, and Open Space 54 Quakertown Park 56 C. Architectural Design Guidelines ..........................................64 TOD Overview .....................................................................71 5. Downtown Recommendations - Infrastructure Based ...............73 A. Streets and Linkages ...........................................................74 B. Bicycle Mobility ....................................................................88 C. Parking ................................................................................98 D. Solid Waste .........................................................................108 6. Implementation Strategy ...............................................................115 A. Relationships 116 B. Organizational Structure ......................................................118 D. Funding Mechanisms and Development Incentives........... 120 E. Implementation Strategy ......................................................124 a. Appedix A. Bibliography 130 B. Case Studies ......................................................................................131 C. Stakeholder Survey 138 D. DTIP Website 143 E. News Articles 144 Executive Summary EX.0 - Catalyst Project Recomendations - Phase One ..........................13 EX.1 - Short Term Priority Recommendations - Phase Two .14 EX.2 - Medium Term Priority Recommendations 14 1. Introduction 1.0 - Regional Area Map ........................................................................16 1.1 - Study Area Map .............................................................................16 1.2 - DCTA Station Rendering ................................................................18 1.3 - North Texas DailyArticle ................................................................19 1.4 - Dallas Morning News Article ..........................................................19 2. Public Incolvement 2.0 - DTIP Logo 28 3. Existing Condition Assessments 3.0 - Existing Land Use Map 31 3.1 - Land Use Summary ........................................................................33 3.2 - Parking Assessment Map 34 3.3 - Parking Assessment 36 3.4 - Parks, Recreation, & Open Space Map 37 3.5 - Existing Streets Map 40 3.6 - Denton Mobility Roadway Plan 42 3.7 - Solid Waste Map ............................................................................43 4. Downtown Recomendations - Land Based 4.0 - Framework Plan 50 4.1 - Block Face Example 52 4.2 - Building Form 53 4.3 - Parks and Open Space Plan 54 4.4 - Quakertown Park Concept Plan 56 4.5 - Elevation Defining Correct Use of Elements 67 4.6 - Elevation Defining Correct Use of Elements 68 4.7 - LEED Certification Symbol 69 4.8 -TOD Districts ....................................................................................70 4.9 -TOD Future Land Use Concept .......................................................70 5. Downtown Recomendations - Infrastructure Based 5.0 - Downtown Streets 74 5.1 - Urban Transect ...............................................................................75 5.2 - Downtown Street One - Hickory Street (East of Square) 76 5.3 - 3-D Perspectives of Hickory Street 77 Do entan 5.4 - Downtown Street Two - Locust and Elm 78 5.5 - Downtown Street Three - Hickory and Oak (West of the Square) 79 5.6 - Downtown Street Four - Oak (East of the Square) 80 5.7 - Downtown Street Five - Sycamore 81 5.8 - Downtown Street Six - Mulberry .82 5.9 - Downtown Street Seven - Mews Streets .....................................................83 5.10 - Downtown Street Eight - Alley Streets .......................................................84 5.11 - Downtown Street Nine - Regional Streets 85 5.12 - Mews Street Concept Plan ........................................................................86 5.13 - Mews Streets Prototype Trash and Delivery ..............................................87 5.14 - Bicycle Mobility Plan ..................................................................................88 5.15 - Traffic Accident Locations ..........................................................................90 5.16 - Bike Lane Signs 92 5.17 - Shared Lane Marking 93 5.18 - Bicycles May Use Full Lane Sign 93 5.19 - Other Signs 94 5.20 - Bike Route Signs .......................................................................................94 5.21 - Hickory and Other Downtown Streets 94 5.22 - Parking Strategy 98 5.23 - Parking Calculations for New Development ..............................................100 5.24 - Parking Calcuations for Existing Development ..........................................101 5.25 - Wayfinding Signage ...................................................................................103 5.26 - Solid Waste Strategy ..................................................................................108 6. Implementation Strategy 6.0 - Concept/Strategy/Implementation Relationships .........................................116 6.1 - Financial Characteristics of Downtown ........................................................117 6.2 - Recommended Funding Mechanisms and Development Incentives 121 6.3 - Additional Supporting Tools .........................................................................122 6.4 - Non Desirable Tools ....................................................................................123 6.5 - DTIP Implementation Strategy .....................................................................124 6.6 - DTIP Implementation Strategy .....................................................................125 6.7 - Cost Analysis - Prototypical Parking Garage ...............................................127 1. Introduction 1.0 - Denton Courthouse ..........................................................17 1.1 - DCTA A-Train ...................................................................18 2. Public Involvement 2.0 - Task Force Meeting 22 2.1 - Participants at Public Meeting 23 2.2 - Public Meeting #1 24 2.3 - Public Meeting # 2 25 2.4 - Public Meeting # 2 26 2.4 - Public Meeting # 2 27 3. Existing Condition Assessments 3.0 - Parking Conditions in Downtown 35 3.1 - Downtown Denton Openspace 39 3.2 - Downtown McKinney, Texas 45 3.3 - Downtown Rockwall, Texas 45 3.4 - Solid Waste Removal Options 47 3.5 - Orginal Opera House 48 3.6 - Downtown Square 48 3.7 - Downtown Circa 1940's 48 4. Downtown Recommendations - Land Based 4.0 - Active Community 51 4.1 - Retail at Grade 52 4.2 - Residential at Grade 52 4.3 - Bicycle Accommodation 53 4.4 - Open Space 55 4.5 - Jazz Fest 55 4.6 - Lakefront 59 4.7 - Library 59 4.8 - Garden/Performance 60 4.9 - Park and Perimeter Edge 60 4.10 - Pavilion/Performance 61 4.11 - Passive 61 4.12 - Amphitheater/Performance 82 4.13 - Civic Edge 63 4.14 - Contributing Architecture in Downtown 64 4.15 - Contributing Architecture in Downtown 65 4.16 - Contributing Architecture for Downtown 66 4.17 - Non-Contributing Architecture Facades in Downtown... 70 5. Downtown Recommendations - Infrastructure Based 5.0 - Hickory Street 95 5.1 - Hickory Street at Denton Branch Trail 95 5.2 - Sycamore at Denton Branch Rail Trail 95 Do entan 5.3 - Sycamore at Bell Avenue 95 5.4 - Example of HAWK Signal 96 5.5 - Wayfinding Signage - North Texas Examples ..................103 5.6 - Solid Waste Management ................................................109 5.7 - Front Load Container and Truck ......................................110 5.8 - Side Load Container and Truck 111 5.9 - Recycle Material Container ..............................................112 5.10 - Trash Container Screen .................................................112 5.11 - Solid Waste Strategy Elements 113 i r Executive Summary Downtown Denton is the cultural, social, and historic center for Denton, the heart of the community. Denton prepared and adopted the Denton Downtown Master Plan in 2002, which balances a desire to encourage development with an interest to ensure that proper design practices are employed. The purpose of this Downtown Implementation Plan (DTIP) is to achieve the 2002 Master Plan goals for downtown and to provide the implementation strategy roadmap to guide and coordinate public and private investments while increasing economic development downtown. -7 OV laL i °n r 111 L7, It T- I i- ~ _ r~ ~ ~ ~;~M I:c~ vial r f~~~~ ±s ~ r' _ 1r ~-i ~ Y~ I ~ N' ~P r ~ i .L , ~ L'~„r~ 1. ~ 1YS j~`~ f1 i ~ "P'* ~ ~ i •j -fir f~1I1111 r r .,ir ~Ir~~i ~i k If' F ~ .ter --i'+~«id~a-rir-. •,,r ~f~~`.4 ~ 71'I, Ta kj T Do entan The DTIP was carefully coordinated with Denton city staff, and it was prepared with extensive community en- gagement so that the document reflects the values and preferences of the public. The Downtown Task Force guided the DTIP's development; numerous stakeholder meetings were held; on-line surveys were conducted, plus project entries were included and updated on the city's website; and two public meetings were held with open-house sessions, formal presentations, and ques- tionnaires. In addition, a project logo was developed and used extensively, multiple city press releases were issued on the project, and two Denton Economic De- velopment Downtown newsletter articles featured the DTI P project. The DTIP addresses the approximately 155-acre "Downtown Core" area, which is bounded by With- ers Street on the north, Exposition Street on the east, Sycamore Street on the south, and Carroll Boulevard on the west. The 2010 existing conditions in this study area were inventoried and analyzed to develop the DTIP's implementation recommendations. The fol- lowing topics were addressed: land use; parks and open space; architectural design; streets and linkages; bicycle mobility; parking; and solid waste. This document's implementation strategy builds a framework for strategic investment and provides short- and medium-term action items that city decision- makers can execute in a tactical way. The implementa- tion strategy identifies and evaluates potential funding mechanisms and development incentives; and it details a prioritized step-by-step implementation strategy. Case study references for transit-oriented development (TOD) projects in Plano and Dallas show how down- town development can be achieved in Denton using the right tools and incentives to capitalize on upcom- ing downtown transit investment. This implementation strategy is intended as a guide, rather than a control- ling mechanism, because downtown is a dynamic, urban environment and part of a larger whole. Catalyst Projects Summary Exhibit EX.0 lists catalyst projects, which are recommended as the highest implementation priorities for downtown Denton, as these activities provide the necessary implementation tools to stimulate downtown 1 economic development and to realize the downtown master plan. These first steps, which Denton should complete expeditiously (within the next three years) are listed in the table below. TIMING RECOMMENDATIONS COST Short Term Create TIF District (Tax Increment Finance District) n/a Pursue NCTCOG Sustainable Development funding and grants n/a Formally adopt FBC (Form Based Code) n/a Create and implement wayfinding signage network for parking $125 k Screen all trash containers in the Square District $600 k 1.1-dium Term Create DDC (Downtown Development Corporation) n/a Create DPMA (Downtown Parking Management Authority) n/a Implement Hickory Street "Grand Street" project $4.1 m Enlarge existing public parking lots TBD Catalyst Project Recommendations - Phase One Exhibit EX.0 TIF District One of the most important of the above catalyst recom- mendations is to create the TIF district as this tool will provide the funding to build new downtown infrastruc- ture and give the private sector incentives to invest in downtown. A TIF assigns future taxes from proposed development, which would not accrue but for that development, to infrastructure, land costs, and related improvements needed to accomplish the development. TIF is locally initiated and administered, does not count against a municipality's debt limit, and does not raise residents' taxes. This tool is an especially important funding mechanism for downtown Denton. Short Term - Phase Two Projects Summary Exhibit EX.1 lists additional short-term recom- mendations that Denton should work to complete over the next five years. entan Dowi ELEMENTS RECOMMENDATIONS Land Use Formally adopt DTIP Establish anew zoning district in the Denton Development Code titled "Down town District" Architectural Formally adopt DTIP, which defines quality, place, and environmental design Design elements Follow tri-partite architectural proportions Streets and ( Adopt DTIP street standards for downtown Linkages Implement early-action street and mobility items Bicycle Mobility Adopt DTIP bicycle standards for downtown Parking Increase on-street parking Establish cash-in-lieu-of-spaces parking program Early-action parking projects Solid Waste Conduct pilot program Implement preferred plan (location, type, and pricing for solid waste removal) Short Term Priority Recommendations - Phase Two Exhibit EX.1 Medium Term - Priority Projects Summary Exhibit 3 lists additional medium-term prior- ity recommendations that should be completed within the next five years. These priorities include: creating a series improvements for downtown which will leverage additional growth and redevelopment. Downtown Denton has great potential to grow and be- ELEMENTS RECOMMENDATIONS Parks and Open Create a series of urban spaces: pocket parks, neighborhood parks, and wide Space pedestrian sidewalks Create public music and fine arts venues Implement Quakertown Park Master Plan Architectural Establish LEED rating goal for all new development Design Streets and Modify city mobility plan to include downtown street standards Linkages Implement Mews Streets program for parking, safety, and solid waste removal Bicycle Mobility Implement bicycle lanes on Sycamore Street for access to the proposed DCTA transit center Conduct traffic studies for specific intersection designs (involve TXDOT) Implement bicycle signage program downtown (shared and designated bike lanes) Incorporate DTIP bicycle standards into city of Denton systems and standards Parking Establish shared-parking program Solid Waste Establish a broad downtown waste recycling program Create a downtown recycling center Medium Term Priority Recommendations Exhibit EX.3 come an even more dynamic place to live, work, and play. This plan provides the guide to achieve that future for downtown Denton. . s Introduction Downtown is the cultural, social, and historic center for Denton. Its unique identity should be preserved and given every opportunity to flourish. This document provides recommendations for Denton's leaders to use in maximizing downtown Denton's economic development opportunities and increasing the quality of life downtown can provide. It is based on future growth trends and stakeholder interests. This chapter discusses the purpose for preparing the plan, sets the project context, highlights key transit influences on downtown, and calls for reaching downtown's future potential. W G , ~ a ,nH,~ ' v@SN r, 4 s , k y~ Iw x _ y~ a 144 g. ~P u - +n •dRt}' wYV.'St.. r. "Al i 40* " n Do entan The purpose for creating the Downtown Implementation Plan (DTIP) for Denton is to develop a set of physical pE")Tory plans and detailed recommendations to increase economic development in downtown Denton. The DTIP defines specific action items to be taken to implement the recommendations, and it establishes strategies for when and how these action items should be implemented. The DTIP is divided into five elements: land use, parking, parks/open space, architectural guidelines, and street standards, which help to organize and detail the recommendations. FORT WORTH U.ilL.1S' Regional Area Map Exhibit 1.0 a~ Q a~ m Parkway St. I! Pearl St. McKnn~ 3t. c~ F~r,in 't a Q J 0 n Jah Qt > > o CO o vi w Q ~ ~ Q o I ~ Hiuk- j JL. 0'] r - c) O Mulberry St o L Xu W, Syca n-'I - :--)t I - Study Area Map Exhibit 1.1 The DTIP will serve as a catalyst for additional growth and development in the downtown area. It will facilitate a coordinated effort among the city, business owners, and residents to achieve downtown's potential. The DTIP project study area encompasses approximately 155 acres, which corresponds with the "Downtown Core" area identified in the Downtown Master Plan. The study area is generally bounded by: Withers Street to the north, Exposition Street to the east, Sycamore Street to the south, and Carroll. Boulevard to the west. This area includes the site of rv, . „ , II!I G, _ the proposed Denton County Transportation Authority'' (DCTA) transit center. Denton Courthouse Exhibit 1.1 illustrates the project study area with an Photograph 1.0 aerial photographic base with key streets labeled. The downtown core area functions as a true downtown area, serving as a centerpiece for the city. The DTIP was prepared over an eight-month period, beginning in October 2009, and was completed in August 2010. Stakeholders, business owners, city Over time. Texas Main officials, and residents contributed to the DTIP process. Street communities nave Their contributions have helped to achieve a flexible realized more than $2 billion of reialmostnvestment. vision and market-based framework for new downtown i n the c economic ent -eation 25.000 development. local jobs and the expansion or aeation of almost 6.400 businesses in their Main Street districts. Denton, Texas is the 11th largest city in the Dallas/ Fort Worth metroplex. It is located at the northern apex Texas Historical Commission of a triangle formed between Fort Worth and Dallas illustrated in Figure 1.0. Denton is the county seat of Denton County; it was established in 1857. Both the county and city are named for John B. Denton, a preacher and a lawyer. One of Denton's most enduring symbols is the beautiful and historic County Courthouse on the downtown square. The building was erected in 1896 using Texas limestone and it was restored in 1987. Today, the Courthouse and associated square remain emblematic icons for the Denton community. Denton has both small-town charm and big-city arts, culture, education, and entertainment. Denton is home to two state universities, which diversify Denton's population: the University of North Texas and Texas Woman's University. Do entan Downtown Denton, like many other downtowns nationwide, declined in the 1950s and 60s. However, downtown Denton has reversed that trend in the last 20 years. Several factors have contributed to new growth in downtowns, including the activities of baby-boomer and empty-nester populations. Additionally, growing community pride and appreciation in a community's history have led to healthier and more active downtowns. A vibrant downtown boosts the economy and quality of life in a community. Denton's city leaders recognized the importance of revitalizing and supporting downtown early on. Denton became a Texas Main Street city in 1990, and is one of 86 such cities located in Texas at present. The Texas Main Street program began in 1981, providing a lifeline for aging downtowns. The program provides support and training for downtown revitalization. In 2002, The City adopted the Denton Downtown Master Plan. Its primary focus is to provide a balance between encouraging development, including exploring partnership opportunities with private investors, and simultaneously ensuring that proper design practices are employed. The master plan includes the following eight goals for the future of downtown. Downtown Denton should: • be a vital part of Denton's economy; • be a source of civic pride; • be a place to live, work and play; • contain compact and concentrated activities; DCTA Station Rendering • contain a variety of things to do; Exhibit 1.2 • be pedestrian friendly and an enjoyable place to walk; • have linked parks and open spaces; • be attractive and well designed. This DTIP is designed to achieve the 2002 master plan goals for downtown. The implementation strategies will i guide and coordinate public and private investments, and will steer the location and types of future improvements. III DCTA A-Train Photograph 1.1 Denton will become the terminus for the DCTA transit rail line in 2011. The `A-train' rail line will link Denton with passenger rail service to the city of Carrollton, where riders can transfer to the Dallas Area Rapid Jorfli 'Ilexas ,IV Transit (DART) system and continue into the Dallas/ Dentui ,tihli< t,_,,,, portarionhitsrecordhigh Fort Worth metroplex. Two transit stations will be built in 1 , Denton, one of which will be located downtown, within a half mile of the Denton Courthouse Square. Denton's leaders recognize the development potential of this important new transit linkage therefore, it is addressed w". in the DTIP. North Texas Daily Article Transit Oriented Development (TOD) is a compact, Exhibit 1.3 walkable, pedestrian-friendly development focused around a transit station; it provides an attractive alternative to automobile-dominated lifestyles. The Dallas Morning News recently noted the potential of The TO rend TOD in a January 11, 2008 article, titled "The TOD Transit-a,entea aevela,, ud z[,iwg up near DART stops trend." The article emphasizes the higher quality of life and higher property values associated with TOD developments. The author also notes that investing in transit has double the economic benefit to a city of a _a similar-valued highway investment. Dallas has invested millions of dollars in TOD development over the last few years, and Denton may be expected to follow a similar pattern. I; Ae Nighlai tls down fenle, (~'~°,?k'-'~.~ The North Texas Daily, the University of North Texas° student newspaper, reported on DCTA's growing Dallas Morning News Article Exhibit 1.4 ridership in an April 16, 2010 acticle, titled "Denton public transportation hits record high." DCTA has experienced record ridership over the last two years and a broader ridership mix, including both students and commuters. Most riders are coming to Denton from Carrollton, Lewisville, and downtown Dallas. This ridership is expected to increase once the `A-train' arrives in Denton. Downtown - "The Real Deal" The City Council has consistently identified downtown as a high economic development priority. Downtown provides residents a strong sense of place, and has been referred to as "Denton's living room." Downtown is home to more than 800 businesses and has been the business hub of the city for more than 150 years. In addition, it is rapidly becoming a destination as an arts and entertainment district. Denton has been featured in the New York Times as a "hotbed of alternative music" (May 11, 2008). Downtown hosts more than a quarter Do entan million visitors annually at 24 events and festivals, and it has become a vibrant, 24-hour, seven-day-a-week place to be. Downtown Denton, with all of its economic, cultural, and historic resources is poised to be a significant player in the North Texas region with occasional flashes of national brilliance. This DTIP provides a guidebook for city leaders, private developers, and decision makers to take downtown into this next exciting phase. 2008-2009 Reinvestment Figures for Downtown • 11 projects for a total of $919.500 • 10 net business starts. relocations. and expansions • 46 new jobs created a . City of Denton Economic Development Partnership 08109 Annual Report i I ' t i Public Involvement Early and ongoing public involvement was solicited so that the public had ample opportunity to help direct the DTIP's concepts and implementation strategies. The residents of Denton were empowered from the beginning of the project to provide their detailed thoughts and opinions about downtown. The community dialogue exhibited during the public meetings was passionate and heartfelt. A few themes emerged during the public involvement process, and these themes formed the basis for the DTIP recommendations. These themes are discussed in this chapter, along with the steps involved in the public involvement process. i f i I 1 I 8 Ifl t\U(~„ 1"41 uv, U.4 a w.. Do entan The DTIP project began with a large public involvement outreach effort, as is appropriate for this type of comprehensive study. Stakeholder interviews, on-line surveys, and public workshops were among the tools used to gather broad-based input from the Denton community. The project's public involvement activities were designed to gather public input on downtown and to identify and discuss the issues, challenges, concerns, and community goals of Denton's residents. A community-based process was used, involving a sequential series of planning activities for residents to offer their input. The process, started with broad planning perspectives, extended into the refinement of planning objectives, and culminated in discussing specific recommendations. The plans and strategies developed in this document are the direct result of the coordinated planning process that the city staff and its consultant conducted. The following sections detail the opportunities afforded to the community to provide input into the creation of the DTI P. The Downtown Task Force, which is a subcommittee V1~4 of the Economic Development Partnership Board, is composed of citizens whose primary task is to see j y that the Downtown Master Plan is implemented. The Downtown Task Force served as a Steering Committee rh Force 2.0 Meeting Photograph for the DTIP process and added members up to a total of about two dozen for its Steering Committee role. This Steering Committee met monthly and provided a public opportunity to review the status of the project, furnish feedback, and become familiar with the next steps in the process. This group gave ongoing advice on the DTIP and the planning process. In addition, city staff met with various stakeholders in the community. The large DTIP project area was divided into five sections, and a city staff member was assigned to each. This city staff then met one-on-one with the various stakeholders to review the DTIP and invited their participation. I The consultant conducted over 60 stakeholder interviews with business owners, residents, city officials, and property owners over a three day period (October 13 through 15, 2009). A series of 19 questions, which were varied to clarify each interviewee's perspective, were used to define the issues and aspirations of the Denton community. Responses included comments on downtown's strengths, economic development, quality- ,N of-life issues, parking, and solid waste. (The interview questionnaire form is included in the Appendix.) fih 4 Although numerous opinions were given on a variety of topics, a consensus was apparent on a number of important issues. A synopsis of consensus issues follows: Participants at Public Meeting Photograph 2.1 • The Denton County Courthouse and Courthouse Square form a special place for residents and out- of-town visitors, directly tied to the identity of down- town. • Downtown provides an economically attractive envi- ronment for starting or locating a business; however, even more ways or opportunities are possible for the city to advance downtown's attractiveness to business owners. • The new transit station is seen as a very positive opportunity for the city and downtown. • Inadequate downtown parking is an issue. • New development in downtown should include a mix of uses with residential/office uses over retail stores. • The University of North Texas and Texas Woman's University are viewed as major downtown assets and should be considered when planning for the future. • Well-designed streets and appealing streetscapes are the most important factors for the quality of life in downtown. • Downtown's solid waste containers need to be screened from view. • The city should not limit architectural styles, building materials, or colors. However, minor controls should be implemented to maintain downtown's historic aesthetic. • Building codes for downtown and downtown's infrastructure are felt to be outdated and to hinder development and redevelopment. • More shopping, entertainment, and housing options are needed downtown. Do entan • The consensus vision for downtown is that of a vibrant, unique, walkable, mixed-use downtown. • A high-quality pedestrian-friendly downtown area is envisioned with adequate parking, including struc- tured parking facilities, surface city lots, and on- street spaces. The city conducted an on-line survey on its website from November 13 through December 3, 2009 to capture additional resident input. A total of 109 residents completed the on-line survey. The survey consisted of the same 19 questionsused during the stakeholder interviews. Additionally, the general public was able to participate in preparing the DTIP by logging onto the city's website. Any interested individual could obtain information about the DTIP, access meeting minutes and survey results, and provide input by accessing the city's website. Staff regularly updated the DTIP information on the city website. Public Meeting 1 The City of Denton hosted the first DTIP public meeting on December 14, 2009 at the Central Fire Station. Approximately 60 people attended the meeting, which was structured as an open house, followed by E a formal presentation. This meeting provided the first Ag, r opportunity for residents, stakeholders, city officials, J and the consultant to listen and learn from each other. h The workshop was publicized using a variety of methods to maximize public awareness and participation. Announcement methods included: Public Meeting 1 Photograph 2.2 City of Denton website announcement • Press releases • Flyers and table tents (3-dimensional display) were distributed at multiple locations downtown At the meeting participants discussed existing conditions and the draft project goals and objectives initially defined for the project. The participants were then given eight Downtown Master Plan goal statements that define the vision for downtown I Denton along with 28 statements of objectives that the consultant developed to implement the master plan goals to rank. The participants were asked to rank each of the 28 objectives in order of priority to give the city and its consultant an understanding of what additional opportunities may exist for leveraging downtown economic development. (The detailed results of the public meeting are located in the Appendix.) The following are a few of the highlights of the results, each of which builds on the statement that downtown Denton needs to: • Establish unique and special opportunities for din- ing, retail, and entertainment. • Create a downtown with vibrant districts, each of which offers a unique character while still working well together. • Develop a pleasant, safe, and inviting street en- vironment that has a special style that is themed ~ . together using streetscape elements, such as:'~° pedestrian benches, trash receptacles, street and A1t; v~ pedestrian lighting, street trees and landscaping, wayfinding signage, etc. • Establish a network of exterior public spaces that Public Meeting 2 can facilitate events, gatherings, and festivals Photograph 2.3 appealing to a wide range of Denton citizens and visitors. • Enhance Hickory Street, which will link the proposed DCTA transit station with the Courthouse, as a "Great Street" in downtown for shopping, art galler- ies, and dining. • Create a program for waste management that will improve aesthetics, odor control, and overall street images. • Leverage implementation through partnerships, commonly referred to as public/private partnerships, in which the costs and revenues of growth are shared. Public Meeting 2 A second public meeting was held on March 10, 2010 at the Denton Civic Center from 6:00 - 8:30 pm. Approximately 75 people attended the meeting in which the consultant presented the initial results of the existing conditions and analysis along with draft recommendation strategies. The existing conditions and analysis results presented to the community were as follows: Do entan 1. Downtown Denton has tremendous existing resources 2. Bold new improvements are currently under construction 3. Additional redevelopment and revitalization projects are underway downtown 4. The next wave of downtown projects is not too far away i 77T1 4WI,-VW-,MJ pomp"[ The draft recommendation strategies discussion 7, IFfocused on the proposed plans and strategies for: Parking Complete streets • Parks and outdoor venues Solid waste removal Public Meeting 2 Review of the Form Based Code Photograph 2.4 The participants were then asked to answer a series of questions located at various stations (tables) dispersed throughout the room. They were instructed to place dots on the answer that best represented their opinion on the particular implementation strategy. Each participant placed either a green (yes) or a red (no) dot in the space provided. The purpose was to gauge the community's preferences among the initial implementation strategies and plans for downtown. The following are nine examples of the results that were collected from the strategy question exercise that had a total of 27 questions. (The detailed results of the exercise are located in Appendix.) 1. Do you agree that some development, such as in the immediate vicinity of the DCTA transit station, could be up to seven stories tall? Results: Yes: 17 No: 30 2. Do you support a concept that would encourage the city to enter into a public/private partnership to provide additional parking lots and parking garages? Results: Yes: 24 No: 12 3. Do you support the solution that all solid waste and recyclables containers/dumpsters be screened from view by a masonry wall? I Results: Yes: 40 No: 2 4. Do you support the "complete streets" concept (streets developed for equal and safe use by automobiles, pedestrians, and bicyclists) for streets in downtown? Results: Yes: 37 No: 8 5. Do you support the concept of Hickory Street being designed in a true "Great Street" - a pedestrian street which will connect the proposed DCTA transit station with the courthouse square providing new shopping, restaurants and residential? Results: Yes: 45 No: 2 inq a broader role (suooor~inu resld>_n til 6. Do you support a significant wayfinding signage program which identifies the location of parks, major public buildings, public parking, etc? Public Meeting 2 Results: Photograph 2.5 Yes: 40 No: 0 7. Would you support, as development and density occurs in downtown, high quality parking garages with retail uses on the ground floor? Results: Yes: 34 No: 6 8. Do you support a form-based code, that will ensure a more predictable outcome that is in character with Denton's mixed-use, walkable and bike-friendly goals? Results: Yes: 35 No: 4 9. Do you feel the city should implement a shared parking program for downtown? (Spaces are shared by more than one user, retail and office during the morning and residential in the evening, which allows lots to be used more efficiently.) Results: Yes: 35 No: 4 Do entan The consultant team then used the responses to the questions to assist in making preliminary recommendations. 4 ' The city and the consultant used the following additional mechanisms to provide project awareness and secure community input. Logo en on Downtown Implementation Plan A specific logo, using the outline of the Denton Courthouse as its main theme, was developed for the DTIP project to relay a consistent, unifying element for DT/PLogo all of the materials presented to the public, including Exhibit 2.0 maps, exhibits, and project documents. The DTIP logo assisted the community in identifying project-related correspondence, and it also illustrated the intended branding message. The project logo is used in this DTIP document. Press Release Denton's Public Information Officer disseminated all DTIP project information to city residents. His office wrote and distributed all press releases and articles, as well as conducted all media interviews. Downtown Newsletter The Denton Economic Development Department produces a quarterly newsletter to inform citizens about downtown activities. The newsletter profiled the DTIP project in several articles. (Copies of these articles are located in the appendix.) DTIP Website For example of full service website view in appendix. ~ I f t r i I Existing Condition Assessments Downtown Denton's existing urban form, street alignment, and natural systems developed over a long period of time. A clear understanding of this past and the present conditions is necessary to plan for Denton's future. A holistic approach was used to define the existing conditions in downtown Denton. This chapter describes the existing conditions and study area trends. It addresses land use-, parking-, parks, recreation, and open space-, streets and linkages-, solid waste-, and architectural design. An assessment of each topic is presented and supported with tabular and graphic data. This information provides the basis for the Chapter 4 recommendations. k t ql, r~ 111 X Do entan The second phase of the DTI P project focused on data collection and analysis. This work was conducted concurrently with the first phase public involvement work. It comprehensively identified and documented all aspects of the study area's physical, social, and economic conditions. The bulk of the data collection and analysis was accomplished during the first few months of the project, although some data collection and analysis continued to the end of the project. Both qualitative and quantitative data collection methods were used; and a variety of data sources and analysis techniques were used, including Geographic Information Systems (GIS), property appraiser data, surveys, and site reconnaissance. The first task was to create a series of base maps to identify and graphically display pertinent information about downtown, including: land use and zoning patterns, street connections, property ownership, parcel data, and the locations of various types of parking. The resulting land use, parking, parks, streets, and solid waste maps are included in this chapter. Additionally, site reconnaissance was employed to determine which areas of downtown the community most values and what makes these areas successful, as well as to verify GIS data. The full consultant team and city staff physically observed downtown conditions on multiple occasions at different times and on different days. Each site visit was documented photographically. The following section presents the existing-conditions findings and the consultant's assessment of those conditions. The information is organized into the following topics: land use; parking; parks, recreation, and open space; streets and linkages; solid waste; and architectural design. Land use conditions are important to analyze to be able to understand the downtown marketplace, and thereby make the best decisions for the area. Parcel data and land use information was extracted from the city's GIS data base and then field verified. The following data categories were examined: • Land use • Ownership • Parcel size • Building height • Building area • Residential density • Floor-Area Ratio (FAR) Withers St_ L-4 3TI =d II- itu llo ro R.~-s]rnt i:_,I - Lna rI sturq 11 h rtI hl,rli.,rr L rnln~rC all - L,V, (1 mil ri'1 y -mae 13l 11~d1jF1 iLL ~re th n 1 st, ra,, d Li~th'- In~u_tnrl Pall, , 1 . ;1, . 10 P ikr0 y 9~ ~L~~~11111~~ t T PIS t LLJ j-, Yk "I'll _~dk stn LU _j' Hl~k~l ~t I V:_ilI IUt St. - I NL~ 1 `t. cp LLJ k 1 I Existing Land Use Map Exhibit 3.0 Do entan The study area comprises approximately 155 acres, 387 parcels. Exhibit 3.0 illustrates existing downtown land use. The study-area land use patterns are characterized by three major findings, namely: 1. Commercial, one-story uses predominate. 2. Housing is in short supply. 3. Mixed-use and entertainment uses are generally lacking. First, commercial uses predominate in downtown, covering 76 percent of the study area. These uses include general business activities, such as retail, offices, and commercial services. The predominance of commercial uses in downtown demonstrates that the existing downtown employment culture is strong. Downtown commercial buildings are predominately one story in height, with the exception of the buildings surrounding the Courthouse, which are mostly two stories. Second, downtown lacks housing. Both single- and multi-family uses comprise a total of only five percent of the study area. Single-family residential uses are located at the perimeter of downtown along the east, south, and west edges of the study area. A small pocket of multi-family residential housing is located along Oak Street. The shortage of residential units is out of sync with the goals and vision included in the Downtown Master Plan, which states that "downtown should have residents, offices, shops, and entertainment." Finally, a limited number of buildings mix residential with office and/or retail uses, achieving a mixed-use pattern of land use. The few that exist downtown are located along all four sides of the Square. The shortage of mixed-uses in downtown is an unrealized opportunity for creating a vibrant and lively downtown. A few restaurants along Industrial Street may be considered the beginning of an entertainment district; however, a higher concentration of these types of uses is needed to become a true entertainment district for downtown. Exhibit 3.1 summarizes downtown's land use characteristics, providing information on acreage, square footage, total number of parcels, and the percentage of each land use type evaluated. Also, the exhibit gives information on ownership, building types, and vacant property. This data provides an overview of the existing land use conditions, as well as a baseline to measure future development/redevelopment changes. LAND USE TYPE ACRES SQUARE FEET TOTAL PARCELS PERCENTAGE OF PARCELS Civic 29.2 1,266,706 39 10 Commercial Low 54 2,349,426 220 S Commercial Med 7.7 338,618 68 18 Light Industrial 15.2 665,965 J 16 4 Park/Open Space 43.6 1,899,216 15 Residential Low 2.7 118,644 ( 17 4 Residential Medium 1.2 53,548 4 1 Mixed Use .41 16,117 ( 4 1 1 Vacant 1 43,560 4 1 Totals 155 6,791,800 387 100 MEASUREMENTTYPE ATTRIBUTE TOTALS PERCENT Ownership Private 324 83% Puhlic 10° Non-Profit 24 otal Building Area Residential Building Area 172,192 3_ Non-Residential Building Area 3,376,891 64% Other 1,745,972 33% UiL mt Property Totals Vacant Developed 1S 82 Vacant Unimproved 4 18% Data provided from City of Denton G/S Land Use Summary Exhibit 3.1 Do entan Parking is a key element needed to revitalize downtown Denton and maximize its economic development opportunities. However, vehicular parking is not a stand-alone component; it is closely tied to traffic circulation, pedestrian mobility, development patterns, parks and open space, and solid waste collection; and it must be balanced with downtown Denton's "complete street" strategy. Field surveys, photographic interpretation, and personal interviews were used to define downtown parking conditions, resulting in an understanding of both real and perceived parking problems. The findings resulted in recommendations which address both current and potential future downtown parking situations. t- reo~ Dd Pri,al6 P,rk v a~ gI-j x tl,,Ld Il PHfF:'nq 7 Pearl ;;t 4 Y r, _ ;t y m O Y a Lu L n C,I ',t Q - „ V F 10 _0 M 5 Hid Dr ,,.t m ~ l n t ;t CO 3 Mulbeir,f 11 9~ , w 6 J 73 Sycamor St. I~ Parking Assessment Map Exhibit 3.2 The downtown study area was mapped to identify the areas that currently accommodate, or could accommodate, parking. Three categories of parking were identified and mapped: 1. Public Parking Lots 2. Public On-Street Parking 3. Private Parking Lots Exhibit 3.2 shows these three parking categories. Private parking is shown in blue on the graphic, public on-street parking is shown in red, and red linear boxes are used for on-street public parking that current regulation and street conditions permit. The blocks within the study area were divided into 11 specific parking zones, titled DTIP parking zones. Each zone is large enough to view relationships between public and private parking with the development they serve. The Photographs 3.0 images show a variety of downtown parking conditions, which reflect the current conditions and land uses in downtown Denton, including a demand for parking in the Courthouse Square area. ,r Parking Conditions in Downtown Photograph 3.0 Public Parking is defined as parking that is signed as "public parking" that the general public may legally use. Where a private property owner allows public parking, its use may be limited to times that the owner establishes. Private Parking is defined as parking that is reserved for a specific use or business. Private parking is not available for public parking, and therefore, it must be clearly signed for the allowed users. An example is the Carroll Courts building, which is a public buildinglocated on the southeast corner of Carroll Boulevard and Hickory Street, but only its employees and customers may use the adjacent parking, not the customers of surrounding buildings. Do entan Exhibit 3.3 shows the relationship of the types of current public and private parking spaces by zone to selected major downtown land uses. Public Parking DTIP Parking Zones Public Public Total Private Total Sample of Existing Parking Parking Public Parking Parking Land Uses by DTIP Zone In Lots On-Street Parking In Lots Zone #1 48 0 48 476 524 NorthStar Bank Day Break (Senior Care Offices) Zone #2 25 33 58 427 485 Campus Theatre City Hall West St. Andrew Presbyterian Church Zone #3 0 48 48 511 559 Carroll Courts Building DATCU Credit Union Bayless Selby House/Museums Zone #4 0 18 18 111 129 B&O Towing James Wood Used Cars . Zone #5 0 10 10 320 330 Courthouse on the Square Wells Fargo Bank Hickory Street Office Building Fine Arts Theatre Zone #6 0 64 64 115 179 Sweetwater Hannah's Zone #7 590 49 639 161 800 Main City Hall Civic Center Quakertown Park Zone #8 0 89 89 437 526 Weldon's Western Wear Melrose Apartments Zone #9 84 198 282 311 593 Denton Record Chronicle Industrial St. Restaurants/Clubs Zone #10 0 32 32 404 436 City Hall East Monroe Pearson Warehouse Zone #11 63 64 127 213 340 DCTA Transit Center Center for the Visual Arts Trinity Industries GRAND TOTALS 810 605 1,415 3,486 4,901 Percentage of Grand Total 29% 71% (Public vs. Private) 57% 43% Percentage of Total Public Spaces Parking Assessment Exhibit 3.3 Study-area parks, recreation, and open space land uses were inventoried and analyzed to determine if parks and green space are adequate for existing and future downtown development. Quakertown Park Exhibit 3.4 shows the locations of downtown parks and open space. Quakertown Park, the largest park in the study area, provides 32 acres of active park space and accommodates many of Denton's major special events. This park surrounds the Denton Civic Center on three sides and extends northward to Withers Street, the northern boundary of the downtown study area. Withers St. 1c::, Quakertown Park FU Q _ m Parkway St. Pearl St. , McKinney, St. , Coy pecan S+_. ~ ~ ' ` Uak St c Q m. f W Q <t U Hick~i , St. m Walnut t. n `o I a M,ulber i mot. ~ 0 Q w a Sycarnore ;~t. I I Parks, Recreation, & Open Space Map Exhibit 3.4 Do entan Quakertown Park amenities include: • Amphitheater • Benches • Bridges • Civic Center • Drinking fountain • Grills • Pavilion • Picnic tables • Playground • Pool • Restrooms • Lighting Courthouse Square The next largest downtown green space is the Courthouse Square. This green space surrounds the Courthouse building, is the site of many local community gatherings, and is well utilized, according to the stakeholder interviews. Weekly concerts are held on the grass in warm weather along with other recreational activities. This grass lawn, serves as a gathering and meeting place for residents and provides relief from the built urban environment downtown. Tree Groves Four existing groves of trees provide undeveloped open space in the study area. One is located in the northwestern part of the study area on Parkway Street; the second is located east of the Courthouse on Oak Street; the third is located southeast of the Courthouse on Locust Street; and the fourth is located southwest of Bell Avenue and Mulberry Street. All four of these open space parcels are privately owned and underutilized; they may be candidates for public recreation and open space that could improve the quality of life downtown. A number of church lawns downtown, although generally small, augment its open space. The St. Andrew Church lawn is a notable example. Historical Park The Historical Park of Denton County, which is owned by the county, is located on Mulberry Street near Carroll Boulevard. This site includes the Bayless-Selby House Museum and the Denton County African-American Museum, plus three other buildings awaiting renovation. It also includes a gazebo and park benches. A county- owned parking lot located on Carroll Boulevard adjacent to this park hosts the local farmers market, which operates from June through September on Tuesdays, Thursdays, and Saturdays. Street Trees The city completed streetscape improvements for Cedar Street in 2006. These street improvements include: new street trees, street corner planters with flowering material and special pavers in pedestrian sidewalks. These streetscape improvements enhance the pedestrian experience and the overall downtown environment. Traditionally, open space is very valuable and highly desirable in a downtown environment. Studies show that proximity to green space improves property values in urban environments, is psychologically beneficial, and is sustainable. Photograph 3.1 show a number of existing open spaces in downtown Denton. Denton has a number of opportunities to add various park and open space amenities to its downtown, which are further detailed in Chapter 4. y 17 710-al, ~ r qh's G + ti1~ y +9`wr w Y~, f'ray' ~I.;°~ OP r mc., w a t ati x- N l`, Downton Denton Open Space Photograph 3.1 Do entan tom` The Downtown Master Plan vision calls for downtown to provide: safe, efficient streets for motorists; safe, pleasant, and wide pedestrian walkways for citizens, shoppers, and tourists; safe, on-street routes for bicyclists; and abundant, on-street parking. The existing street network does not measure up to the vision. Downtown exhibits a number of conflicts involving these parking, streetscape appearance, and walkability goals. The DTIP strives to achieve the vision, balancing the needs of motorists, pedestrians, and bicyclists in a mutually-beneficial downtown environment. L:.q Dnn F2e: IDnal 2 D ,nD Dncs J J J I r i V J N R I I 2-L J_ L 2_L J J J J~ J ~ N N N N ~ J V 2L 2°L - J 2 L L i 01. J N N N a _ n r ns,r er N J ~ I N j Existing Streets Map Exhibit 3.5 Downtown's street pattern has developed with an automobile dominance over the last 40 years. Exhibit 3.5 shows the hierarchy of the existing street network. Two primary streets, Bell Avenue and Carroll Boulevard, move traffic in a north-south direction. They bracket the east and west sides of the core of downtown and link Denton to the rest of the region. Hickory Street is the east-west connection between the Courthouse Square and the future DCTA transit center. Hickory Street is programmed to become the "Grand Street" downtown. Secondary and tertiary streets provide local access. The following listings detail the street network. Primary Streets • Bell Avenue is a two-way, four-lane-wide street, ac- commodating north-south movement. • Carroll Boulevard is a two-way six-lane-wide street, accommodating north-south movement. Secondary Streets • McKinney Street is a two-way, four-lane-wide street, accommodating east-west movement. • Oak Street changes from one-way to two-way and is a two-lane-wide street, accommodating east-west movement. • Hickory Street changes from one-way to two-way and from two lanes to three lanes in width, accom- modating east-west movement. • Elm Street is a one-way, two-lane-wide street, ac- commodating southbound traffic flow. • Locust Street is a one-way, two-lane-wide street, accommodating northbound traffic flow. Tertiary Streets With the exception of Railroad Street, which is one-way, these streets are each two lanes wide and allow for two-way directional traffic flow. • Mulberry Street • Sycamore Street • Walnut Street • Railroad Avenue • Exposition Street • Industrial Street • Bolivar Street • Cedar Street • Pecan Street • Parkway Street • Austin Street Do entan Figure 3.6 shows the core area of Denton's Roadway Mobility Plan. The existing sidewalk system includes the following approximate linear feet of different-width sidewalk treatments, lengths of roadway without parallel sidewalks, and intersection treatments, based on field- verified GIS data: • Sidewalks with streetscape: 12,700 linear feet • Sidewalks - wide: 9,000 linear feet • Sidewalks - narrow: 77,800 linear feet • No sidewalks: 37,600 linear feet • Intersection crosswalks seven out of a with treatment: total of 48 LLJ LE] l LJ y ANIHEF fl _ ~T r, LLL- r.+ERY r I- F G EMERY DELL p R D _w ITH I L n L L F JSA A.2LEUR - J IJ ~ r L LJ ME' AE PL:EUi:i 71 L-_JL r lu L 5 TROY H. L .GPCN ti T . a FF P:9 U R E SYCAMORE r i u - I JC .JG CHESTNUT T • '7 F2' I ^~•••n Primary Major Arterial Outer Loop Road Not Yet Built - Future Secondary Major Arterial Collector Existing Road Not to Class Standard Modified Secondary Arterial Railroads Maintained by TXDOT Freeway Denton Mobility Roadway Plan Exhibit 3.6 Through an understanding of the current Denton Mobility Roadway Plan it is apparent that downtown streets and arterials are established under suburban design criteria. This is not the desired solution for downtown to achieve its goals. Downtown needs to have a set of street and design standards that are urban with multi-modal functions that support active street land uses. With this defined, the DTIP is recommending a comprehensive change of the Mobility Roadway Plan for downtown. Downtown Denton contains one of the true, historic town squares in North Texas, which are characterized by richly detailed buildings, comfortable pedestrian sidewalks, and streets that are enjoyable to drive. One item that detracts from this image is the random placement of large, unsightly solid waste containers, which are emptied by trash trucks fitted with lifts for dumping the trash. Downtown Denton currently exhibits a broad array of trash removal decisions, including the placement of these solid waste containers on its through streets. Withers St. Co m a~ M > O Q rn Parkway St. Peral St. McKinney St. ~ O 5 7o U) Uak St. w > P L LLI Q,, o: U Hickory St. m in 0 UJ ~n Mulberry St ~ o _ Q w c Sycamore St; Solid Waste Map Exhibit 3.7 Do entan All cities and downtowns across Texas have to manage solid waste and its removal. Many different methods, systems, and processes are available to address this issue. Each community needs to determine its desired goals to formulate a suitable solid waste strategy, including recovering recyclable materials. The DTIP provides a recommended strategy to provide a simple set of solutions that will benefit all users. Exhibit 3.7 shows the locations of solid waste containers in downtown. The highest concentration of such units is located immediately off the Courthouse Square on Cedar, Walnut, Austin, and Pecan streets. The Denton Solid Waste Department furnished the following information about solid waste removal downtown: • The study area includes a total of apprioxmately 111 solid waste containers. • A total of 1,067 cubic yards of solid waste is col- lected from the study area each week. • Most solid waste containers are front loaded. The study area contains two different districts, which have different trash needs: • The Square District • The Downtown District In addition, the city's Solid Waste Department surveyed the community in 2008 for its views on solid waste removal and secured the following notable findings: • 89% of merchants are willing to change the way trash is collected and to remove solid waste recep- tacles from streets. • 46% are willing to take trash as far as a block away from their business. • 96% would take advantage of on-site recycling. A number of concerns involving solid waste containers were raised during the project's public involvement activities, including: • Image • Odor • Loss of parking • Number of containers • Location of containers • Small number of recycling containers • Economic development loss Two North Texas communities similar in size to Denton, McKinney and Rockwall, were contacted to see what guidance their solid waste removal processes might offer Denton. The findings of these contacts are described below: McKinney, TX I Businesses in the downtown McKinney business district contact IESI, a solid waste removal company, to establish a commercial "downtown" account for II q curbside garbage and recycling collection Monday thru t~ Friday. These accounts also include access at any time of the day or night on any day of the week to the city- r provided commercial trash receptacles located at the corner of State Highway 5 and Cloud Street, as well as Downtown Mckinney, Texas to the trash receptacles located in the MEDC parking Photograph 3.2 lot adjacent to the police substation. A combination of bags, hand-carts, and trash receptacles are used to manage downtown McKinney's solid waste. Rockwall, TX Downtown Rockwall merchants have trash picked up either in front of their business or from a separately- placed trash receptacle, depending on their individual contract with Allied, the solid waste vendor serving .f` downtown Rockwall. The City of Rockwall does not handle trash service in the downtown area at this time. The following list of six options for downtown was _ developed based on the above-described findings. 1 Chapter 4 includes recommendations for a preferred w,II approach from among these options. N 1 f 1. Baqs Downtown Rockwall, Texas Photograph 3.3 Opportunities: • Bags provide convenience for business owners • Payment is based on need • Bags eliminate the need for solid waste containers • Least expense for facilities Constraints: • Visual problems • Increased service requirements • High man-hours Do entan 2. Hand Carts Opportunities: • Ease of use • Payment is based on need • Hand carts eliminate the need for solid waste con- tainers Constraints: • Location and storage issues • Increased service requirements • Hand carts only accommodate a small volume of trash 3. Side-Loaded Containers Opportunities: • These containers allow for large volumes of trash • These containers can be screened • Businesses do not have to store these containers or trash • These containers fit square to buildings and walls Constraints: • These are not the largest type of solid waste con- tainer • Screens for these containers are a slight challenge 4. Front-Loaded Containers Opportunities: • These containers accommodate the largest volumes of trash • These containers can be screened • Businesses do not have to store these containers or trash Constraints: • These containers will be difficult to screen near the Square • These containers will pre-empt parking spaces • These are the largest containers to screen 5. Large Compactors Opportunities: • Compactors accommodate the largest volume of trash • Compactors can be screened Constraints: • High cost • Safety concerns 6. Enclosures Opportunities: • Enclosures screen solid waste receptacles from view • Enclosures enhance the view from the street Constraints: • Enclosures slow down collection • Enclosures involve a cost to build K Solid Waste Removal Options Photograph 3.4 Do entan Downtown Denton has a variety of wonderful architecture. Much of this historic fabric defines the area and its history, which connects the past to the present. The existing pattern of sheets, railroad tracts and buildings establishes the future design for growth. The original township lots for Denton were auctioned off in January 1857, when downtown was being planned as the heart of the city. The creation of the original central courthouse "square" established the town planning pattern, linking county leadership and government. Denton added the special significance of siting the square and courthouse on a hill completing - - the current majestic Courthouse in 1896. Denton's Courthouse Square is a valuable resource for the DTIP. The assessment of downtown Denton's architecture Original Opera House is based on site reconnaissance, which included a Photograph 3.5 photographic field inventory. Key findings include the following: • The Denton County Courthouse is the jewel of downtown. • Downtown contains a significant number of quality . buildings, exhibiting a range of building periods and a depth and breadth of architectural ~14 IM I styles. • Many blocks contain unified building facades. • A number of landmark buildings are important to downtown, including: Campus Theatre Downtown Square City Hall West Photograph 3.6 The Bank Building Scripture Building Wright Opera House First United Methodist Church y-'~ P4C`l'r~ ~yyggrr `Ll~ lF' " UOwntown C;/rca 7S, iv 6 Photograph 3.7 15}, to I i I I d I I I ~ II Downtown Recommendations - Land Based This chapter presents the recommendations for land use, including parks and open space, and for design guidelines for downtown Denton; and it includes the key findings that have led to the recommendations. The recommendations are founded on the vision and thoughtful insights of both the public and private sector. Additionally, the recommendations take into consideration the Downtown Master Plan, public involvement results, and existing conditions. These recommendations provide the foundation for the DTIP's implementation strategies. a n I ~ . I A 4 r s . Do entan tom` Purpose and Intent Form Based Codes (FBCs) are distinctly different from typical zoning ordinances and standards (often called Euclidean zoning). FBCs focus on creating functional, attractive, and economically-successful neighborhoods and commercial areas by creating a more predictable outcome of physical development. Nevertheless, they can easily be adopted within a typical zoning or development ordinance. FBCs work very much like a Planned Development (PD) district, where key standards are incorporated into the creation of the PD districts. Withers St. L- _ A- c Q Y Quakertown o Park m ` St-t7ip- Pn-r; Se-cu W"Y Parkway St. T,.rila ~ Ragi nal Mixed Use ® ~O ~ POCaI'1 St. m Res°dentiel J) Neighborhood oak St. J) 01 Mixed Use Q~ v TODD alnut St. Area J DICTA Transit Station Mulberry St. Mixed Use = Sycamore St. 1 Framework Plan Exhibit 4.0 Priority Recommendations: A1: Formally adopt DTIP A2: Formally adopt the Form Based Code. A3: Create a new zoning district in the Denton IR Development Code called "Downtown District". 4 ^ h FBC districts are the result of broad public-private cooperation where roadways, sidewalks, transit, and bicycle access work together to make pedestrian- friendly environments attractive to retailers, employers, t~ and the rapidly-expanding demographic categories of young professionals and retirees. These types of districts, which have been created elsewhere in the region and the country, have proven to increase Active Community property values and be more recession-proof Photograph 4.0 than development that does not include an FBC development approach. FBCs offer a number of advantages. The standards are high, but if met, development can be achieved with minimal time delay. In fact, urban-style projects, which could take up to two and a half years to gain approvals and variances for downtown conditions using typical zoning procedures, have been achieved in a much shorter time and with a much more desirable outcome for the public, the district, and the developer in most cities using FBCs. The overall objective is to create buildings, streets, and public spaces that, over time, have the versatility to be reused. A built environment that can readily accommodate reinvestment eliminates the need for demolition and reconstruction every 25 to 40 years. Link to Downtown Implementation Plan: FBC is an important tool needed to implement the vision and goals for downtown Denton. It facilitates realizing the DTIP recommendations by setting standards and developing policy language for elements, such as building form, parking, open space, architectural elements and streetscape. The FBC is a stand-alone document that will replace the existing zoning for downtown. The easiest way to fit the FBC into the Denton Development Code (DDC) is to create a new zoning district, called "Downtown District" which to include all of the FBC text. Such a new DDC zoning district is equivalent to establishing a PD district in the DDC. All of the standards and intent statements Do entan in the Downtown (Zoning) District will govern where any conflicts may arise with other DDC provisions. Exhibit 4.0 shows the framework plan which defines future land uses for downtown Denton, which will be implemented with an FBC district: 1-' District Goals: The codes and zoning ordinance for downtown will reflect the following principles, which are - inherent in the FBC. Block Face: Buildings should be constructed adjacent - to the sidewalk, with parking behind the main fagade of the building in order to provide the block with a Block Face Example Exhibit 4. 1 sense of enclosure and to enhance the pedestrian experience. (See Exhibit 4.1) Street Design: Street design should reflect the dual concept of the street as both vehicular thoroughfare and civic space. Streets should be designed for the shared use of pedestrians, bicycles, and vehicles. Sidewalks should have continuous shade for the xY ~ comfort of pedestrians. Other paved surfaces, such as parking areas and off-street parking lots, should also be y - 1 i - M1 shaded or have tree canopy to reduce the heat-island effect on people and buildings. Retail at Grade: Street-level retail construction should have a ceiling height providing flexibility for a Retail at Grade wide variety of retail and restaurant uses. In addition, Photograph 4.1 windows along the street face will support those commercial activities as well as enliven the sidewalk experience. (See Photograph 4.2.) Residential at Grade: Residential units, which are rs „ located on or near grade, should engage the sidewalk 4 with entries and windows facing the street. This engagement provides sidewalk users with a sense of security and gives residents a sense of "ownership of the sidewalk." However, demarcating the private realm t7w from the public realm is key; elevational change or low fencing can accomplish this objective. (See Photograph Building Form: Downtown Denton has an outstanding Residential at Grade Photograph 4.2 stock of historic buildings. New buildings should not be required to match the historic style identically, but they should respect the historic tradition with a distinct base, middle, and top (often called tri-partite architecture, as seen in Exhibit 4.2). In addition, corners and street or walkway termini present opportunities for landmark features on buildings. Building Height: New buildings should be at least two stories in height and a maximum of four stories, with two exceptions. Proximity to the DCTA transit center (the TOD Area) and to Quakertown Park (the Residential Area) are locations that could benefit from Top greater height for density and views without impacting visibility of the Courthouse from primary approaches Middle into downtown. The height in these areas should not exceed seven stories. I` r 7 W Base Building Materials: Materials should be durable and age well, especially those at grade, which are subject to high contact. Building Form Exhibit 4.2 Parking: Large land areas used exclusively for parking for separate uses is a waste of resources and diminishes economic activity. Shared use of parking should be encouraged. In addition, parking standards for retail, restaurant, and office uses should be modified to allow the interchangeability of mixed uses without F. triggering a requirement for additional parking. Bicycle Accommodation: Adequate bicycle parking should be provided throughout downtown to encourage ? 8 r d dm bicycling. (See Photograph 4.3.) Sign Standards: Signage standards need to be included that are suitable for urban mixed-use districts and responsive to the needs of successful retail and restaurant activity. Bicycle Accommodation Photograph 4.3 Land Use: Residential, retail, and office uses should be permitted throughout downtown so that Denton is able to respond to changing market dynamics. Procedures: The FBC-established process is important to the success of attracting high-quality development and investment. The process should blend speed of staff review and approval of properly-designed projects with the input of a third-party Urban Design Officer, who is familiar with urban mixed-use, pedestrian- oriented development. This independent professional can both advise the city and work with the developer to ensure that development will contribute to the vision for downtown Denton. Do entan Parks and open space are the livability elements that support a high quality of life in downtown. Existing downtown park and open space features were assessed and were determined to be of average-to- above-average quality and quantity for downtown's current, limited number of residents. Exhibit 4.3 shows these features along with recommendations for improvements. Additional resources will need to be provided as future downtown growth occurs near Quakertown Park and the proposed DCTA transit center. 1 crend sleEt ' ~ Prlm:lry 54r,, tri Llm Quakertown` l~ Park nlEwssc,,t Al :'1 1 11 ".51 1 ~~f~. F W¢entla[ Lnrpe ~ufd uor //~L~ ~ ~ l'd uelcf Arse Venue r o ~ i'ws;-~t- I PrtdYtlaf Smell OutdUrr ID nton~County 4 v L 1-t1) 0 Jse Square € ~I ~ I I i Zone For Zone For l - - Future= Future - Urban Urban Park x Park Parks and Open Space Plan Exhibit 4.3 Priority Recommendations: C1: Create a series of Urban Spaces - pocket parks, neighborhood parks, and wide pedestrian sidewalks C2: Create Music and Fine Art Spaces C3: Implement Quakertown Park Master Plan Photographs 4.4 and 4.5 show examples of park open space and Jazz Fest at Quakertown Park. Components of the existing and future park and open space network include: Urban Open Space r Y' • Pocket Park/ Venue • Pedestrian Sidewalk • Street Music Venue Neighborhood Components • Denton Courthouse Square Open Space • Neighborhood Park Photograph 4.4 • Pedestrian Trails • Bicycle Network Regional • Quakertown Park • Multi-Purpose Venue y« p~ In addition, Denton should leverage its unique local history of music and arts and the current music and art programs with UNT, TWU, and DISD to establish a downtown entertainment series, using: pp, Small Outdoor Venues Pocket Park/ Venue Jazz Fest • Photograph 4.5 • Pedestrian Sidewalk • Street Music Venue Large Outdoor Venues • Quakertown Park • Significant Streets • Expanded ROW • Pavilions • Band Shell Do entan A Jewel of a Resource Great downtowns include an exceptional park as an open-space green amenity. Quakertown Park fills that need for downtown Denton. Quakertown Park's trees, water features, and quality civic buildings provide an outstanding set of natural and manmade resources. Both downtown stakeholders and Denton citizens use Quakertown Park. Revised Master Plan The master plan for Quakertown Park was revised as part of this DTIP to reinforce recommendations supporting downtown's projected growth. The revised master plan was developed with input from Denton's Parks and Recreation Department staff during a day- Gateway Gateway ',a-JJJJJJJJJJJJJJJJJ J J Passive J J J J , ! ) J J J ~ J Park Portal J 1 t mphitheaten J J J J 1 J J _J J -J ) Pavillion J 1 1 J J _~y ) Mme, J '1 ! J 1 ~J J ~ J Library , -)GazeJ Gateway Lakefront r~ 1 J ~a J J J J Nat,-aI Stream ~ Bridge Gateway'' i - r r) 'J J J Civic Edge J J JJJ.JJJJJJ JJJJJJJJJJJJJJ Park Portal Gateway Quakertown Park Concept Plan Exhibit 4.4 long work session conducted at the Civic Center and several of additional meetings. The revised master plan divides the park into several zones, each of which is focused on a specific user group. Several zones within Quakertown Park serve multiple functions. (See Exhibit 4.4) Goals and program elements were established to guide future design changes in the park. The most significant recommendation involves removing the northern creek because it is a barrier between east and west amenities. This short run of the creek can be placed in a box structure and covered with earth. Also, the southern creek needs to be naturalized by removing the existing concrete channel for its full length through the park. The following set of recommendations summarize the changes: Park Goals 1. Increase connectivity between the park and downtown. 2. Enhance landscaped green-space in the park. 3. Create new vistas within the park. 4. Use water features in the park to reduce downtown flooding. 5. Increase parking without adding any additional hard surface. 6. Establish a more secure environment in the park. 7. Provide quality landscaped park edges (perimeter treatment). 8. Provide a permanent performance venue. 9. Upgrade the infrastructure for the festival components of the park. 10. Promote the park as downtown's "Central Park," the city's signature park. 11. Provide for citizens' year-round recreational needs. 12. Celebrate the legacy of architect O'Neil Ford, who designed City Hall, Emiliy Fowler Library, and the Civic Center. 13. Increase park users' enjoyment of water in the park. 14. Provide opportunities to recycle specific waste (plastic bottles and aluminum cans). Do entan Park Program Elements • Heritage tree preservation • Pedestrian trail network • Amphitheater • Large-group pavilion • Upgraded kids playground • Spray water play feature • Gateway and park portal entry features • Landscaped perimeter treatment • Landscaping and softening of existing parking lots • Lake water feature (to lessen downtown flooding and to provide an important pedestrian amenity with a hard edge on one side) • Large civic space for gatherings • Passive recreation space • Public restroom facility • Infrastructure upgrades (power, lighting, water, and sewer) Lakefront 1 J ~~aJ Y~ J The Lakefront zone brings the Civic Center and Senior Center areas together into one area focused on a new } r.J lake amenity, which will help to reduce downstream B flooding. This lake will include a hard edge around ID4 the lake and a park structure for small performances. Photographs 4.6 shows examples of proposed lakefront development. Potential future design modifications for this area: • Lake water feature • Passive recreation space • Large civic space for gatherings • Landscaping and softening existing parking lots 1 C v r, a L akefron t Photograph 4.6 Library J J J The Library zone should better support the Emily ~ J 1 Fowler library functions and offer outdoor learning Libraiy environments. Naturalizing the stream channel to the 7, south of the library will make proposed pedestrian iJ Nawra'Stre seating and overlooks more appealing, and will provide sustainable ~ sustainable solutions. Photographs 4.7 shows existing and proposed examples. Potential future design modifications for this area: • Passive recreation space • Landscaping and softening existing parking lots Y ~iyiy''~LL 'y,y a w 1- j" ""„yam. ~ ~ 1 y•y 14 Library Photograph 4.7 Do entan Garden/Performance J ~ Na* elm, _,j The Garden/Performance zone provides a quiet garden ~J'de t environment and it also functions as a "music in the 7 Jz--r trees" setting during large festivals. Photographs 4.8 }j shows examples of garden/performance environments. Potential future design modifications for this area: • Passive recreation space • Large civic space for gatherings 1era+t i.f lrc 6- Garden/Performance Photograph 4.8 Park and Perimeter Edge ~ f~ mphitheet J , Several park and perimeter zone treatments may be incorporated into Quakertown Park. Photograph 4.9 ~~a"''°~~> , shows different park and perimeter treatments. S Not all programmatic elements are contained in 4 a single zone or a group of zones. The following Quakertown Park zones will include each of the listed program elements: • Heritage trees preservation • Pedestrian trail network • Gateway / signage features • Park portal entry features for pedestrians • Landscaped perimeter treatment • Infrastructure upgrades • Required ADA modifications , 0_1 Park and Perimeter Edge Photograph 4.9 Pavilion/Performance ~ mphitheet The Pavilion/Performance zone includes the lawn that is created by enclosing the northern creek in a box structure to better accommodate east west movement in the park. A new pavilion is proposed for the lawn to provide additional venues for family events and smaller gatherings. Photographs 4.10 shows examples of pavilion/performance venues. Potential future design modifications for this area: • Large-group pavilion • Spray water play feature • Passive recreation space • Public restroom facility (amphitheater or pavilion) Alt 40 - 17, Pavilion/Performance Space Photograph 4.10 Passive 'JJJJJJJJJJJJJJJ. Passive A soft, green landscape is the predominant environment for the Passive zone. Photographs 4.11 r~ mphtheaterl shows examples of typical passive park spaces. This zone can also support an improved set of children's J play structures, for residents. Potential future design modifications for this area: • Passive recreation space • Upgraded kids playground ~ ryry ~ 55 ire, f d. I f, I Ira J" ri ^'s~Jr ilv - Passive Space Photograph 4.11 Do entan Passive ; Amphitheater/Performance J r J J ~ _j The Quakertown Park Concept Plan creates the f~ mphitheefe -a J location for a large civic amphitheater in the current J location of the municipal pool. The swimming pool )PaluhoJ - _j is challenged with growing maintenance issues. ; Use of the pool will continue to decline as family ' -~a neighborhoods increase in locations away from downtown. A community focused amphitheater venue for festivals and music events is proposed as a replacement. The amphitheater will need to be designed to function well for a large crowd and also as a park element offering shade during non performance times. Photographs 4.12 show examples of amphitheater/ performance environments. The facility will need to accommodate ticket sales, audio and electric needs, performance lighting and security. This overall zone should also include the future development of a public restroom facility for park patrons. Potential future design modifications for this area: • Amphitheater • Large civic space • Public restroom facility (amphitheater or pavilion) • Landscaping and softening existing parking lots f~F 16 rY~tLw 1i._ ..f ' a Am phi th e a ter/Performance Photograph 4.12 • The suggestion of removing and replacing the pool from Quakertown Park was a topic of much discus- sion during our design review. • The only way we could consider converting the pool to an amphitheater would be to fund the construc- tion of a new pool, close to the existing site or in the southeast section of town. • We would not consider permanently closing the Civic Center Pool without first constructing a suit- able replacement that would serve as an affordable aquatic option. Civic Edge The Civic Edge park zone has the greatest direct connection with downtown. Making this zone attractive Civic dge with easy access to Quakertown Park is important to J J J J J J J J J J J J J J future adjacent residential uses. This zone includes F ,c 3' a proposed park portal feature which will increase pedestrian connectivity; the crosswalk linkage to downtown will require signalization. Photographs 4.13 show the typical type of settings that will be designed for this zone. The Quakertown Park Concept Plan recommends the removal of the existing Denton County office building. The building is small in size and viewed as inappropriate for the park environment. Downtown will benefit from the expanded green edge across McKinney Street from new mid-rise residential and mixed use development. The recovered landscaped park will support pedestrian walkways, public art, benches and, potentially, a future dog park for residents. Potential future design modifications for this area: • Landscaping and softening existing parking lots • Accommodating passive recreation space dl' , 1 'Sf-Yrbn 3u: i l w°W T Vii' - a~{;9 y ~ ; i~` ~ p- r i Civic Edge Photograph 4.13 Do entan A wide range of architectural styles can coexist in downtown. A list of contributing downtown buildings and architectural elements has been defined as part of the DTIP to be used along with the FBC to guide the design of new buildings in downtown. Photographs 4.14 and 4.15 show the range of downtown buildings that create a palette of contributing architecture. These buildings exhibit a quality of design, use of materials, relationship of place, pedestrian linkage connections, and a supportive public realm that warrants their inclusion. Photographs 4.16 highlights downtown architectural elements that reinforce the contributing characteristics of downtown buildings. .1 w IL .9 i >?v I F Contributing Architecture in Downtown Photograph 4.14 Priority Recommendations: D1: Formally adopt DTIP report which defines: Quality, Place, Environmental Design elements. DZ Establish LEED rating goal for all new development. D3: Submit DTIP for LEED neighborhood certification. D4: Follow Tri-partite architecture proportions. Downtown Architectural Components The following listing outlines the components that need to be reviewed to achieve quality architecture in downtown. These components and relevant recommendations, many of which are communicated through images and photographs, set the tone for design, place making, and the relationship to the public realm appropriate for the development of downtown. <z r u~ a ~ t u , !7 r, Ri ~v ~~u , 9 , eu' ,S 1"t Ws Pff 7517 - 1 'k- W a MW is go IN Oft a7; M'M1NO NOW I "l i t] ~ ~I, Ala All Contributing Architecture in Downtown Photograph 4.15 Do entan 1. Quality • Design • Materials • Proportions 2. Definition of Place • History • Culture • People 3. Sustainable • Buildings • Neighborhood (Downtown) 4. Traditional vs. Modern • Style • Characteristics 5. Safety through Environmental Design • Windows • Access and Views Z 4'1, f Hri` f p,I t, . I~ ` _ - - _ bl ~I~IYJ61i!IE 1lplll(!l41f k~~i~~~~+d~'i~ EIF i?If1Yd16i"i~19 lNl+I41~4.i j~~!C~~! i Contributing Architecture Elements for Downtown Denton Photograph 4.16 1. Quality Findin - Downtown contains a significant amount of quality architecture. New construction needs to build and add to the quality of existing architecture, primarily through three different measures of defining quality, namely: design, materials, and proportions. Quality architecture is based on excellent design produced by an architect using quality (durable) materials working and detailing with proper proportions. Recommendation -Any materials local to Denton that create durable, high-quality buildings may be used, rather than limiting new construction to a specific list of materials. Architects working in downtown need to follow correct proportions for building facades. The architectural elevation in Exhibit 4.5 and 4.6 are marked to show how several of Denton's downtown buildings display the correct use of the three quality measures of design, materials, and proportions. 2. Definition of Place Findin - Denton and North Texas provide an environment which celebrates places. Many downtowns are weekend retreats for shoppers who are seeking a unique experience. Architecture can support these activities making downtown Denton a marketable destination. 71711 tJ u . r _ : ll u, <r mitim»~~ • i ~1~ } X.1 ~ 7J~ JJ rilh ~r~ ~ 1 a! RIP, Elevation Defining Correct Use of Elements Exhibit 4.5 Do entan tom` Recommendation - Removing fake facades that are not architecturally correct will help establish downtown Denton as a truly special and memorable place. Some existing building facades harm downtown's image in several ways: 1. Fagades that are "slipcovered" and hide the original fagade, which better defines the integrity of the building. 2. Fagades that lack scale and that are constructed of poor quality materials. 3. Facades that lack windows that define scale, height, and proportion. Blank walls are a poor choice for all downtown buildings. 3. Sustainable Findin - If the built environment is more sustainable, downtown Denton can generate more economic development and improving the long-term environment.. LEED is an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, C02 emissions reduction, improved jiMW h .r WIMP „ Elevation Defining Correct Use of Elements Exhibit 4.6 indoor environmental quality, and stewardship of resources and sensitivity to their impacts. LEED, which the U.S. Green Building Council (USGBC) developed, provides building owners and operators a concise framework for identifying and implementing practical and measurable green building design, construction, operations, and maintenance solutions. Sustainable building strategies should be considered early in the development cycle. LEED is flexible enough to apply to all building types, commercial, as well as residential. It works throughout the building lifecycle from design and construction through operations and maintenance, tenant fit out, and significant retrofit. In addition, LEED for Neighborhood Development extends the benefits of LEED beyond the building footprint into the neighborhood it serves. LEED for Neighborhood Development is a collaboration among USGBC, Congress for the New Urbanism, and the Natural Resources Defense Council. Recommendation -All new downtown buildings should be LEED-certified. (See the Exhibit 4.7 LEED certification symbol.) The city should work with downtown property owners, local developers, Denton County, and DCTA to define the desired level of LEED certification. Buildings LEED-certified buildings are located and designed to: ,i • Lower operating costs and increase asset value. • Reduce waste sent to landfills. • Conserve energy and water. LEED Certification Symbol • Be healthier and safer for occupants. Exhibit 4.7 • Reduce harmful greenhouse gas emissions. • Qualify for tax rebates, zoning allowances, and other incentives in hundreds of cities. • Demonstrate an owner's commitment to environ- mental stewardship and social responsibility Neighborhood (Downtown) Recommendation -The DTI P should be submitted for USBCG LEED certification once the city adopts the DTIP, which was developed to be in conformance with LEED principals and guidelines. The LEED for Neighborhood Development Rating System integrates the principles of smart growth, urbanism, and green buildings into the first national system for neighborhood design. Do entan 4. Traditional vs. Modern Findin - Modern architecture, like traditional architecture, exhibits both good and bad design examples. Downtown has more good-quality traditional building stock than good-quality modern structures. Many of downtown's modern buildings break basic design principles. They use poor quality materials; they do not follow tri-partite architecture (distinct base, middle, and top); and they fail to use proper proportions. Photograph 4.17 shows some non- contributing fagade treatments. The following buildings of modern design in downtown Denton are excellent buildings to serve as role models for future development: • Main Fire Station Expansion • Denton City Hall • Civic Center Recommendation -Downtown buildings should be c of either traditional or modern design, reflecting in o either case, the three basic areas of quality: design, materials, and proportions. 5. Safety through Environmental Design Findin - Many times, crime occurs in environments that more easily support illegal behavior, such as in poorly lighted areas, areas where views are blocked, or areas on dead-end streets. Downtown Denton, like NA most downtowns, currently has some of these unsafe A *17 1 environments, based on careful observation, that need 11 improvement. Non-Contributing Architecture Recommendation - Denton and a downtown parking Facades in Downtown authority should develop a program to review sites, Photograph 4.17 and mitigate environmental safety design. These corrections may include: improving parking lot lighting; replacing lamps in light fixtures in a timely fashion; requiring pruning of landscape material to increase sight lines; and improving pedestrian lighting along streets and sidewalks. The City of Denton and Denton County Transportation Authority are working to create an intermodal transportation center serving Downtown Denton. In order to plan for future transit supportive development in the Downtown Transit Center area, the City of Denton has begun a planning process, to understand the impacts of new transit service on current and future development. The resulting "Transit Oriented Development" (TOD) plan provided the infrastructure and open space framework and building typologies for a new mixed-use transit community of sustainable development. This plan and study was completed for the City in the Fall 2009. The study area includes approximately 38 acres within a one-fourth-mile radius of the station location. The one-fourth-mile represents the ideal walking distance to transit and the general influence area of transit on a walkable development. Proposed land uses in the area include expansion of public services, higher density residential, retail, and office uses. Sustainability The TOD plan was developed to be consistent with the elements of sustainability as defined by the North Central Texas Council of Governments (NCTCOG) in their Development Excellence program. These ten (10) principles provide a guide for private and public development in and around the new transit center. Energy use and resource efficiency of the new pattern of development is important. The sustainable elements include the following: 1. Development Options 6. Environmental Stewardship 2. Efficient Growth 7. Quality Places 3. Pedestrian Design 8. Transportation Efficiency 4. Housing Choice 9. Resource Efficiency 5. Activity Centers 10. Implementation Transit Oriented Development Framework Transit can do more than improve accessibility. Transit is a tool that can encourage economic development, serve as a catalyst for urban renewal, and create a sense of place. Access to transit can support the building of sustainable environments where people Dc entan can live, work and play. Transit oriented development (TOD) is about creating opportunity for businesses and residents. Capitalizing on these opportunities requires a broad vision that supports the community's strengths and weaknesses, and a financial and implementation plans which responds to the community's needs. © © ©2 eu LEGEND FUTURE LAND USE ' I 7 E ✓ RE` J f TOD Districts TOD Future Land Use concept Exhibit 4.8 Exhibit 4.9 Transit oriented development is an approach to land use and development that relies on design and land use practices typically found in older central cities. These design practices include a mix of land uses (residential, retail, office and public service), a well connected street grid, a well defined pedestrian environment and proximity to transit. The City benefits when increased property values translate to higher tax revenues, and the community profits from new investment. Transit Oriented Development Framework The proposed land uses in the Downtown Station area are a mix of residential and commercial uses intended to complement the Hickory Street Corridor and Downtown redevelopment. Building height, massing, parking requirements and other elements will determine location and orientation of related building types. A key land use is mixed use, which is the vertical organization of two or more land uses into one multi-story building. Additional examples of the preferred future land uses and related infrastructure are illustrated in the TOD land use concept plan. Downtown Recomendations - Infrastructure Based This chapter presents the infrastructure recommendations for downtown Denton, and includes key findings that led to the recommendations. The recommendations are founded on the vision and thoughtful insights of both the public and private sector. Additionally, the recommendations take into consideration the Downtown Master Plan, public involvement results, and existing conditions. These recommendations provide the foundation for the implementation strategies. The key infrastructure components addressed in this chapter are: streets and linkages-, bicycle accommodation-, parking-, and solid waste. L~ ' Ohl1 ~ q,YY I Y~NLY i ii Do entan One of the primary goals that define the vision for downtown, included in the Downtown Master Plan is: "Downtown should be pedestrian friendly and an enjoyable place to walk. All of downtown needs to have good pedestrian infrastructure, including sidewalks, shade, and calm traffic.", the recommendation to achieve this goal is to create a network of "Complete Streets" in downtown. Complete streets are multi- functional, pedestrian-oriented, aesthetically-pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment. Withers St. L T;- A- M Quakertown o Park m Street Types r'riTnar'j -I ti- n 7E-f:u nC72lY Parkway St. T- i aiy L'_w..... I rr.. ® Rani nal Mixed Use ~ I nli I .r 7q 2 o Pecan St ED Res°dentiel Oak St. F~ Neighborhood Mixed Use QWIN v TO D' alnut St. Ar a J DICTA Transit Station Mulberry St. Mixed Use = Sycamore St. 1 Downtown Streets _ Exhibit 5.0 Priority Recommendations: E1: Adopt DTIP Street Standards for Downtown EZ Modify City Mobility Plan to Include Downtown Street Standards E3: Implement Hickory Street "Grand Street" Project E4: Implement "Mews Street" Program for Parking, Saftey, and Waste Removal E5: Implement Early Action Street and Mobility Items The following are the detailed recommendations and "Streets require vast improvements for major and minor study-area streets amounts of land - in the to facilitate the creation of a complete street network. United States, from 25 to Exhibit 5.0 shows the downtown street grid with the 35% of a city's developed number of lanes and directional flow of traffic identified "This plan for downtown is land is likely to be in the public right-of-way, mostly on each street. fantastic, we fully endorse streets" this concept for urban Urban Transect streets in downtown which suppoits growth and Allan Jacobs. " Great Streets The urban transect, (see Exhibit 5.1), involves the economic development relationship between development (buildings), streets, Gary Bailey. PE parks, and natural features with the street network. TxooT Denton District Downtown is in the T5 urban center zone. One of the Area Engineer strengths of the transect is the comparison of physical changes between adjacent zones. NATURAL RURAL SUB-URk3AN -,EWRALUFIVtA P3ANCENIL _,PHANC37 ZONE ZONE ZONE ZONE ZCNE ' BONE Urban Transect Exhibit 5.1 Do entan a M i - t ~o T-11 LANES z 6 - 26^ 58' 2R' _ 96' ufa ixinU 5[CiPN Downtown Street One Hickory Street (East of Square) Complete Street Elements Exhibit 5.2 A: Angled Parking DS 1 Hickory Street (East of the Square) B: Public Street Furniture Hickory Street is envisioned as the "Grand Street" C: Private Street Furniture D: Awnings for downtown, linking the Courthouse Square and E: Bus/Emergency Bulb the proposed DCTA transit center. The identity and F: Pedestrian Lighting character of Hickory should include: wide sidewalks on G: Street Lighting both sides of the street, angled parking, and shared H: Street Landscaping travel lanes which are able to accommodate bicycle l: Shared Travel Lanes use, as shown in Exhibit 5.2. Added streetscape elements will create a pedestrian-friendly environment ready to support economic development downtown. - f ; AMOM^ - i se 3; - Aftf - - art t Pia' ter,"J. 1Z 1W ;u 11~ Downtown Street One Hickory Street (East of Square) Exhibit 5.3 3-D Perspectives of Hickory Street These three views were developed to define the en- hanced character of the proposed street for shopping, dining and strolling through downtown. The 3-D render- ings show the relationship of parallel parking to the wide pedestrian sidewalk, the greening of the street with new street trees and the pedestrian quality of Hickory Street with the added parking, landscape, sidewalks, cross- walks and bulb-outs at intersections. Do entan f © F I~-_ I o SI6E5VALM i~F tb •i .i., SItiCYJAlk ( - 17 T .i •Q. 17. = 46' s T4• ii ual,tt '~t T~5 mrv ewu;w F 74' Downtown Street Two Locust and Elm Complete Street Elements Exhibit 5.4 A: Parallel Parking DS 2 Locust & Elm Streets B: Public Street Furniture C: Awnings Elm and Locust streets are keys to mobility for north- D: Pedestrian Bulb south traffic flow. These streets have travel lanes which E: Pedestrian Lighting support slower automobile speeds (maximum 25mph) F: Street Lighting with parallel parking, pedestrian sidewalks, and bulb- G: Street Landscaping H: Dedicated Bike Lane outs at intersections. See Exhibit 5.4. I: Pedestrian Crosswalk I i~ EW N 93 77'Lo- 10............... _7._ °----93 4 r .4 I ` ffEE~~~EEs _ sai 3xw ra~7""~ ..~90'~7°v-.. '13•riK ~rc . . ~s€..-inu 6'! Downtown Street Three Hickory and Oak (West of the Square) Complete Street Elements Exhibit 5.5 A: Parallel Parking DS 3 Hickory & Oak Streets (West of the Square) B: Public Street Furniture Hickory and Oak Streets will carry two lanes of C: Awnings eastbound traffic east of the Square and will support D: Pedestrian Bulb a mix of development types. Oak Street will carry E: Pedestrian Lighting two lanes of westbound traffic west of the Square and F: Street Lighting G: Street Landscaping will support a mix aof development types. The street H: Shared Travel Lane rights-of-way will support attractive sidewalks with l: Pedestrian Crosswalk street furniture for retail, office, or residential uses. Parallel parking on these streets will help slow traffic and protect pedestrians. Bulb-outs at intersections with special paving at crosswalks will help define safe pedestrian crossing zones. See Exhibit 5.5. Do entan ` I ~r~- i rt.r r x ? vFR MI6 i tuaES4 Ni rvG ,,.x N Ww o , ! i4 8 10" 1~+ 18 14 a 74 n 7 I , }r f. r . 1 1 w ~ 519€Y1ALK F:rfi ING mtl E•wxN. tiHANS'IrvGNG i 14~ r 10' 14' 18' 44' o 46'. 3 Downtown Street Four Oak (East of the Square) Exhibit 5.6 Complete Street Elements DS 4 Oak - (East of the Square) A: Parallel Parking Oak Street will carry two lanes of two-way traffic east of B: Angled Parking the Square and will support a mix of development types. C: Awnings The street right-of-way will include attractive sidewalks D: Pedestrian Bulb with street furniture for residential neighborhoods. Parallel E: Pedestrian Lighting F: Street Lighting parking on this street will help slow traffic and improve G: Street Landscaping pedestrian safety. Bulb-outs at intersections with special H: Shared Travel Lane paving at crosswalks will help to define the role of these I: Pedestrian Crosswalk streets. See Exhibit 5.6. J. Public Street Furniture v 0 r j1 - Q I Ali 1 aF,w~ K L-L R, ,a as'. 1N , , I n 54` S'r.soxK Q L 7, is as r 54 Downtown Street Five Sycamore Exhibit 5.7 Complete Street Elements DS 5 Sycamore Street A: Parallel Parking Sycamore Street, which connects UNT with the B: Public Street Furniture proposed DCTA transit center, will be designed for all C: Awnings transportation modes, including two striped bicycle D: Pedestrian Bulb lanes for two-direction bicycle travel. Parallel parking E: Pedestrian Lighting F: Street Lighting on this street will include additional depth for the safety G: Street Landscaping of adjacent bikers. See Exhibit 5.7. H: Dedicated Bike Lane I: Pedestrian Crosswalk nin 1n DD y i 0 4- ~l I -.LIN TRAVE LVdES N L ic I-s s' ta9a' s-~-s y2 ae -y2~a m ~9 vFs -4~ 1 s~ ~P 8-L 0-1 NE,© P $ so . 35 5 Downtown Street Six Mulberry Exhibit 5.8 DS 6 Mulberry Street Complete Street Elements Mulberry Street will carry two lanes of two-way traffic A: Parallel Parking and will support a mix of development types. The street B: Public Street Furniture right-of-way will support attractive sidewalks with street C: Awnings furniture for residential neighborhoods. Parallel parking D: Pedestrian Bulb will support ground-floor retail and improve pedestrian E: Pedestrian Lighting safety. Bulb-outs at intersections with special paving at F: Street Lighting G: Street Landscaping crosswalks will help to define the roles of these streets. H: Shared Travel Lane See Exhibit 5.8. I: Pedestrian Crosswalk i. I tJ F„ter h~ ~ R1 4 Downtown Street Seven Mews Streets Exhibit 5.9 DS 7 Mews Streets Complete Street Elements Mews streets are the four smaller streets located A: Parallel Parking behind the streets that front the Denton Courthouse. B: Angled Parking The four mews streets (Walnut, Austin, Pecan, and C: Awnings Cedar) will be designed to support the delivery and D: Pedestrian Bulb movement of people and goods on the Square. E: Pedestrian Lighting Increased parking, solid waste screening, improved F: Street Lighting G: Street Landscaping pedestrian mobility, improved streetscape aesthetics, H: Shared Travel Lane and delivery truck loading zones are addressed to 1. Public Street Furniture improve safety and increase downtown economic development. See Exhibit 5.9 (Exhibit 5.13 shows a prototypical mews street plan). entan Do l 1 a II Iw r 11 a a a a a EsvM.Ki 5RU4E4,WwE5 Muk,4t tl:,:_r: pAAKING -10 -10 1p' a . ' f-. 17RA4EL L.RNEG RAYf'.L LAKES SIGEiVt yK. Downtown Street Eight Alley Streets Complete Street Elements Exhibit 5.10 DS 8 Alley Streets A: Parallel Parking Alley streets are distinctive, narrow streets that assist B: Overhead Lighting in the movement of people and goods downtown. They C: Bollards D: Street Landscaping typically include a row of bollards or curbs protecting E: Shared Travel Lane the buildings and pedestrians with parking positioned between street trees and with street lighting hung on cables between buildings. See Exhibit 5.10. Unit pavers on these streets can add character. These alley streets provide an excellent environment for restaurants and clubs desiring outdoor seating for al fresco dining. i i j f ° 2 111-1 1 J-2- 11--2- AF-1, 12,40, 0, [Y 1, ;I I I eos~xw r. ~miwgv ~.av xw,.".., 'rswv~.o,nr- - 6`•Y' 2" 11=2° 11"-y 13'-2° 11-21 - 11.2' 11'-1" , 12=1'.' - f~ Y ;scanon Downtown Street Nine Regional Streets Complete Street Elements Exhibit 5.11 A: Street Landscaping DS 9 Regional Streets B: Street Lighting Carroll Boulevard and Bell Avenue are regional streets C: Sidewalk which are, respectively, six and four lanes wide and are designed to move traffic around downtown quickly. See Exhibit 5.11. Safe and efficient movement of cars is the number one goal for these wide streets. Do entan Mews Streets Prototypical Design Peca t. I. U. 70 nL I. U j -Wain St. Mews Street Concept Plan Exhibit 5.12 V Parallel Parking Front-load Solid Waste Container V~ Solid Waste Container Enclosure Curb Extension Loading and Unloading Zone Striping Pedestrian Access Access Doors Angled Parking Street Landscaping Mews Streets - Trash And Delivery Prototype Exhibit 5.13 Exhibit 5.13 shows how trash and delivery can be handled on two-lane wide streets between parking spaces. "If we can design and w build streets so that they With-: are wonderful, fulfilling places to be for all people, then we will have successfully designed about 1/3 of the city directly and they will have an immense impact" z ` Allan Jacobs e.,~" ~ <5, St. Great Streets - z' - I" " a z~- < n ti > < > ~P e ,q I Do entan Bicycling offers a healthy, environmentally-beneficial transportation alternative, which supports mixed-use economic developments and offers a legitimate option in the overall traffic mix. Bicycles are classified as vehicles by state law, and cyclists have the same rights and duties as other vehicle operators. Several types of bicyclists, including those with differing experience levels, ride by choice or necessity and have an interest in using the local street system within and beyond the study area. The study area was analyzed to determine which streets and what methods are most appropriate to provide specific bicycle facilities both to maximize downtown economic development opportunities and to address the burgeoning interest Withers 1 _ _ ~~r f 'r r Oc dicated Bicycle To To Lar@ Rout= ' Gtd ~al~a B c1•cle ull~~i TWU TWU _a Lanes to ha,e 114 s R~ al Desi 9r o duakertown Cily&Rerginnal Park Trail Dedicated Bl~ysle Shared Lane r t Route 111 R.r7 nil RnaAway TriFffc Stud' for i Irters pct an Design r, - z Ile' - i I ll z M y -l ti~ L-t Hi koN St _`lUl <III, RATA Proposed =r;,~I r r~ - Transit Station _ ~ Ik I I 1 _ lr~i - •-......J I _ Its ~'I Sri l To r UNIT Pc nton Branch = f Rail Trail Bicycle Mobility Plan Exhibit 5.14 Priority Recommendations: G1: Adopt DTIP which defines bicycle mobility standards for Downtown GZ Implement Bicycle Lanes on Sycamore Street to DCTA Station G3: Conduct Traffic Study for Specific Intersection Designs G4: Implement Bicycle Signage Program Downtown (Shared Lane and Bike Lane) G5: Incorporate DTIP Bicycle Standards into City of Denton System/Standards in using bicycles as transportation. These bicycle recommendations take into consideration the context of overall vehicular circulation, pedestrian mobility, development patterns, parks and open space, solid waste collection, and downtown Denton's "complete streets" strategy. Approach to Bikeway Evaluation Downtown's current accommodation of bikeways was examined. Traffic counts and accident data were reviewed, and on-site observations were made of the entire street network. The analysis included evaluating accident locations, proposed land uses, parking, parks, and suggested development forms. This section addresses the resulting findings and their relevance to real and perceived bicycle accommodation problems; and it makes recommendations for better accommodating current and future downtown bikeways. Exhibit 5.14 shows the proposed accommodation of bicyclists in downtown. Exhibit 5.15 shows the locations of vehicular accidents over the past six years. The highest incidence of traffic collisions (35) occurred along Hickory Street and the lowest incidence of recorded traffic collisions (17) occurred along Sycamore Street among the east-west roadways. While these numbers reflect these street's higher traffic volumes, they are only a starting point for determining a need for upgrading intersection treatments. Southbound Elm and northbound Locust streets reflect similar numbers of accidents with comparably high traffic volumes, and will require further analysis before modifying intersection treatments. Do entan Accident clusters at the intersections of Sycamore Street and Bell Avenue; Sycamore Street and Carroll Boulevard; Mulberry and Elm streets; and Mulberry and Locust streets, for example, indicate the need for further study as the recommended bicycle facilities are implemented to determine if additional signals, warnings, or other traffic controls are warranted at these intersections. While limited sightlines crossing Bell Avenue from eastbound Sycamore Street do not seem to create a disproportionate number of crashes at this intersection, the faster nature of motor vehicle traffic along Bell Avenue and the width of the crossing of this busy roadway may justify adding a signal at this Legend ' Accident Locations u - o Jy c o , Traffic Accident Locations Exhibit 5.15 location to assist bicyclists and pedestrians to cross the intersection. Recommendations Overview Dedicated bike lanes for east-west travel are recommended along Sycamore Street, a less hilly route with lower traffic volumes, which connects directly to the Denton Branch Trail, to UNT, and to the proposed DCTA transit center (via Railroad Avenue). Shared Lane Markings (SLMs) are recommended for Oak and Hickory streets because of their right-of- way constraints and angled auto parking. In addition, establishing a 20 MPH maximum speed throughout downtown, along with a truly `vertically-shared' bicycle/ automobile roadway zone, is recommended to create a more bicycle-friendly environment downtown. A couplet of north-south bike lanes along Elm and Locust Street with an eastward connection along Parkway/Oakland to the TWU campus will provide more comfortable bikeway accommodation through the center of downtown along the Courthouse Square. A third set of bike lanes is proposed to use one-way southbound Railroad Avenue (by establishing a contra flow northbound bike lane). This set of bike lanes will connect the Denton Branch Trail to the DCTA transit center, and to Quakertown Park (via an off-street trail along the north side of McKinney Street). The McKinney Street Trail connects to a north-south bike lane couplet along Bell Parkway and Bell Avenue on the east side of Quakertown Park, which will provide an easier connection for bicyclists between the proposed DCTA transit center and the TWU campus. The latest nationally-approved "shared use lane markings" and related regulatory signage indicating that "Bicycles May Use Full Lane" should be used downtown. Both controls are included in the December 2009 Manual on Uniform Traffic Control Devices (MUTCD). These treatments establish and clearly convey the equal status of bicycles with automobiles in the road-user hierarchy. The only streets not programmed for these treatments are the two regional access roadways at the perimeter of downtown, Carroll Boulevard and Bell Avenue south of McKinney Street. Traffic Control and Advisory Signage and Wayfinding Findin -Accommodating bicyclists downtown will require an enhanced bikeway signage system, including wayfinding signage, as well as the new regulatory signage that clarifies the legal status of bicycles on the roadways. Recommendation -A comprehensive bikeway wayfinding study should be prepared to determine the most appropriate destinations to sign for bicyclists, pedestrians, and motorists. The results of the study will define which destinations to include, the distances from each placement, and the most appropriate wayfinding titles to use for clarity and simplicity. Wayfinding provides sufficient information to aid travelers and visitors to confidently determine which routes reach chosen destinations. Do entan Regulatory signs provide clarity of use for both motorists and bicyclists. Part 9 of the MUTCD document covers signs, pavement markings, and highway traffic signals specifically related to bicycle operation on both roadways and shared-use paths. The absence of a marked bicycle lane or any other bicycle- related traffic control device on a particular roadway does not mean that bicyclists are precluded from riding on that roadway. Bike Lane Sign The bike lane sign (R3-17) and plaques (R3-17aP and R3-17bP) (see Exhibit 5.17) should only be used for marked bicycle lanes as proscribed in the MUTCD manual (Section 9C.04). Bike lane signs and plaques should be used in advance of the upstream end of the bicycle lane, at the downstream end of the bicycle lane, and at periodic intervals along the bicycle lane as determined by engineering judgment based on the prevailing speeds of bicycle and other traffic, block length, distances from adjacent intersections, and related considerations. Shared Lane Marking Shared Lane Marking (SLM) signage, (see Exhibit 5.17) which should be used on roadways with a speed limit above 35 mph, provides for the accommodation of bicyclists where the street lanes are too narrow for bikes to share side-by-side with motor vehicle traffic. SLM signage may be used to: 1. Assist bicyclists with lateral positioning in a shared lane, which has parallel on-street parking, to reduce the potential conflict between bicyclists and the open door of a parked vehicle; 2. Assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to travel side by side within the same traffic lane, 3. Alert road users of the lateral location bicyclists are likely to occupy within the traveled way; AHEAD R3-17aP BIKE LANE ENDS I JIJ R3-17 R3-17bP Bike Lane Signs Exhibit 5.16 4. Encourage motorists to safely pass bicyclists; 5. Reduce the incidence of wrong-way bicycling. "Bicycles May Use Full Lane" Sign "Bicycles May Use Full Lane" signs (R4-11) are an integral companion to the SLM signage (see Exhibit 5.18). These signs may be used on roadways where no bicycle lanes or usable adjacent shoulders are available for bicyclists and where travel lanes are too narrow for bicyclists and motor vehicles to operate side by side. Providing these regulatory (black lettering on white Shared Lane Marking Exhibit 5.17 background) signs in conjunction with or alternatively with SLM pavement markings provides a clear communication to both bicyclists and motorists that the bicyclist has a legal right to occupy the full travel lane, and that the motorists must change lanes to pass. Other Signs Other useful signs for the study area include a warning of a Diagonal Railroad Crossing (W10-12) and the Bicycle Wrong Way (R5-1 b) and Ride with Traffic (R9-3c) signage (see Figure 5.7). These signs may be especially helpful for contra flow traffic along the bike lanes on the one-way Elm and Locust street couplets. The Bike Parking sign (D4-3) directs bicyclists to the location of bicycle parking (see Figure 5.19). (Parts 1, MAY USE FULL LANE l Bicycles May Use Full Lane Sign Exhibit 5.18 Do entan 2, 3, and 4 of Part 9 of the MUTCD include general provisions, signs, and pavement details.) Bike Route Signs The standard MUTCD bikeway sign (M1-8) can be configured (as M1-8a) to include the city's logo and provide numbering for major cross-town bike routes. PARKING RIDE WITH TRAFFIC I Diagonal railroad crossing sign (Wit}-is") Bicycle Wrong Way (R5-1b) and D4-3 (Section 81319) Ride With Traffic (R9-3c) signs (Section 913.06) Other Signs Exhibit 5.19 Destination and Distance Signs Destination and distance signs give key or major destinations with directional arrows and include mileage distances to these locations (see Figure 5.9). Wayfinding signage with distances to key destinations can be very helpful for all road users. This supplemental signage becomes part of a public relations outreach strategy to educate all road users. i IVI 1-s M i -0a Bike Route Signs Exhibit 5.20 It Hickory and Other Downtown Streets Exhibit 5.21 Downtown Square Shared Bicycle Lane Finding - Accommodating bicyclists next to the Denton County Square downtown requires a special design treatment due to having standard angled automobile parking on both sides of the street. Cars backing into vehicular and bicycle lane creates a dangerous situa- tion. Recommendation - We propose this one block route(s) on Locust and Elm have a special design treatment. These two blocks need to be dedicated bicycle shared lane routes that transition from the striped dedicated bike lanes. For this one block route in each direction, shared lane markings (exhibit 5.17) will need to be ap- plied on the pavement at three (3) locations (beginning, middle, end) along the block. The following narratives describe each of the major routes through downtown: 1. Hickory and other downtown streets: SLMs are proposed along Hickory Street between Carroll and Railroad avenues extending to the DCTA transit center (see Photograph 5.0). SLMs are also recommended on streets, such as Industrial or Oakland. f-: that are too narrow to be able to stripe for dedicated bike lanes. These markings, complemented with the "Bicycles May Use Full Lane" signage, will clearly ` communicate the expectations for both bicyclists and Hickory Street motorists. Adding two-way SLMs with "Except Bikes" Photograph 5.0 signage on the one-way placards is recommended for the block of Oakland north and slightly east of Industrial Street and for other one-way streets. 2. Hickory Street at the Denton Branch Rail Trail The intersection of the Rail Trail with Hickory Street will need to be further evaluated to determine the most s' _ F appropriate method for signing the Rail Trail crossing of ~T Hickory Street at the proposed DCTC transit center (see Photograph 5.1). The final design of the transit center and its parking lots will affect the Rail Trail connection Hickory Street at Denton Branch Rail Trail between Hickory and Sycamore street. Photograph 5.1 3. Sycamore at the Denton Branch Rail Trail Designated bike lanes are proposed on Sycamore Street between the Denton Branch Rail Trail at the proposed DCTA transit center and Carroll Boulevard leading to the UNT campus. Do entan 4. Sycamore at the Bell Avenue intersection ' Adding a signal or other traffic control device at the intersection where Sycamore Street crosses Bell { i = :'M, Avenue will aid bicyclists (and pedestrians) to cross the intersection. Improved crosswalks and ADA ramps should also be included when this intersection is N upgraded. 5. Locust (one-way northbound) and Elm (one-way southbound) Sycamore at Denton Bunch Rail Trail Photograph 5.2 Bike lanes are the preferred treatment for the left sides of the Locust and Elm street couplet. Left side lanes better accommodate the safety of cyclists to turn left from one of these streets. Limiting downtown traffic to 20 mph will ease the turning movement negotiations for right-turning cyclists. Bike lane striping should be dashed between 50 and 200 feet prior to each intersection to facilitate the right-turn movements. ~s 382.55 6. Locust and Elm Streets at Mulberry Street Crossing either one-way Locust or Elm streets at +Mulberry Street can be challenging during heavier traffic periods. These intersections should be studied { to determine if they warrant adding signals. A residual benefit of adding signals at these two intersections may be slower overall traffic speeds, and rendering a safer, more bike-friendly cycling environment, on both north- sycamore at Bell Avenue south and east-west routes. Photograph 5.3 7. Sycamore Street at Carroll Boulevard Placing bike lanes on Sycamore Street will probably require a signal at Carroll Boulevard. A qualified engineer should study the intersection to determine if a signal is warranted; consideration could be given to employing a user activated stop signal. 8. Parkway/Oakland Street Bike lanes on Parkway/Oakland will give bicyclists along Elm and Locust streets access to and from the TWU campus and Quakertown Park. 9. Quakertown Park Trails should be added to enhance connectivity with Quakertown Park, linking it with surrounding neighborhoods as the park is renovated. 10. McKinney Street at Oakland A well-marked or signaled crossing (HAWK signal) of McKinney Street at Oakland Street should be installed to facilitate the connection between downtown and Quakertown Park. This connection will provide area visitors and residents alike with a safe, predictable connection between downtown and the civic resources within Quakertown Park. 11. Bell Avenue at Quakertown Park HawK signal Photograph 5.4 Providing a crosswalk on Bell Avenue to Quakertown Park will be needed to safely accommodate students and others going between the proposed DCTA transit center, as well as surrounding neighborhoods to the east, and the TWU campus. 12. McKinney Street Off-Street Trail Link and Crosswalks A crosswalk at the intersection of McKinney Street and Bell Avenue connecting (eastward along the north side of McKinney across the freight rail tracks) to a formal north-south crosswalk to the proposed DCTA transit center will enhance pedestrian and bike safety for everyone living or working east of the railroad tracks or west of Bell Avenue. 13. Railroad Avenue Bike lanes are proposed on Railroad Avenue, extending the Denton Branch Rail Trail alignment to and past the proposed DCTA transit center between McKinney and Sycamore streets. These bike lanes will require special care to sign properly for two-way bicycle flow, permitting bicyclists to pass through or use DCTA transit center bicycle accommodations. While a placing a contra-flow bike lane on a one-way street is generally discouraged, proper markings and signage could permit the one- way southbound Railroad Avenue right-of-way to accommodate two-way bike traffic. Do entan The following items summarize the findings and specific consultant parking recommendations for downtown. Each entry is defined with a statement of findings and the resulting recommendation(s). Exhibit 5.22 shows the parking strategy proposed for downtown Denton. 1. Increase Parking in the Short Term Findin - Downtown currently has adequate parking to serve existing and near-future demands, although 71 percent of the existing parking is for private use and not for the visiting public. Mobility will increase and parking demand will rise within a development horizon of approximately three years of the DCTA rail line opening RiW.N Pr;i king r- Quakertown /f - Park 9 Llands P7rk~~ x$19-fir caping- r aIre" For All irking G age or `catkin Lots' hared P ring Lo in Q uakertovJra -Park,, ~ Mc iniiey~t.`- Zoe or Future t O g araa P e~ r_~ o w Shared Larking Lot I IW J ~ ~ C# I i Hickory Stl - - = - DCTA Proposed Zone fc r Futur L ~'~Insit"S~ I ~ !!Transit Station _Parking Garage or _ I I~itl~y fit: j ~ l -I shared Pprking Lot 1 y I ~ s1~i qs ~ f p - - -S ca III ~--St- Parking Strategy Exhibit 5.22 Priority Recommendations: B1: Increase On-Street Parking 132: Establish Shared Parking Program 133: Enlarge Public Parking Lots 134: Create Wayfinding Signage Network for Parking 135: Establish Cash-in-Lieu Parking Program B6: Early Action Parking Projects downtown. Maximizing parking on-street and on city- owned property presents a short-term opportunity to provide additional parking. Recommendation - Increase public parking by two primary methods: 1. Create additional parallel and angled on-street parking on existing streets. Many of downtown's existing streets are overly wide with wide travel lanes; the cross sections for these streets have been redesigned, as defined in the "Complete Streets" recommendations, to have on-street parking and comfortable pedestrian walkways. 2. Create three public parking lots downtown. Public parking lots A, B, and C (Exhibit 5.22) need to be expanded to maximize efficiency. 2. Establish Shared-Parking Program Findin - The analysis shows that the largest quantity of public parking is located in DTIP Zone 7, which contains 639 public parking spaces, accounting for 13 percent of downtown's parking. This zone has the greatest concentration of public facilities, including City Hall, the Civic Center, and the Post Office. These spaces are not attractive to visitors because their location requires a long walking distance to and from downtown. Recommendation - Denton should develop a shared- parking program with existing property owners to allow daytime parking use with the aid of stickers, tags, or signs along with evening use for shopping, dining, and residential users. In addition, cooperative arrangements with property owners for sharing the use of existing parking lots with the public should be aggressively Do entan pursued. The following issues should be addressed as a part of such agreements: • Parking lot improvements, where necessary, including paving and pavement markings, • Provision of signage and lighting, • Liability resulting from public use of spaces, • Maintenance of the parking areas, and • Enforcement of towing. 3. Parking Calculations for New Development Findin - Base Parking Requirements for gross floor area of new developments are established in the Denton FBC and detailed in Exhibit 5.23. Restaurant uses downtown are proposed to be calculated at the same rate as a general retail use. REQUIRED PARKING RESIDENTIAL 1 Space per Bedroom up to 2.0 / dwelling unit ° HOTEL/ MOTEL 1.0 / bedroom j; OFFICE 1 / 300 sq. ft. or 1/400 with publicly shared parking' RETAIL 1 / 300 sq. ft. or 1/400 with publicly shared parking' . civic lobe determined by Minor Waiver 23 OTHER To be determined by Major Waiver a r Shared Parking Calculations The Shared Parking Factor for two functions, when divided into the sum of the two amounts as listed on the required parking table below, produces the effective parking needed for each site involved in sharing. Conversely, if the sharing factor is used as a multiplier, it indicates the amount of building allowed on each site given the parking available. RESIDENTIAL HOTEL/ MOTEL OFFICE RETAIL RESIDENTIAL 1 1.1 1.4 1.2 HOTEL/ MOTEL 1.1 1 1.7 1.3 OFFICE 1.4 1.7 1 1.2 RETAIL 1.2 1.3 1.2 1 I Notes: 1. Required Parking may be reduced to the lower amount if at least 80% of non-resi- dential parking is available as public shared parking. Otherwise, the higher standard parking requirement shall apply. 2. Open space and civic space do not require parking. 3. Active recreation or sports facilities parking requirements shall be determined by minor waiver. 4. On-street parking shall not count toward meeting residential parking requirements. Parking Calculations for New Development Exhibit 5.23 Recommendation -The FBC-based parking calculations, shown in Exhibit 5.22, should be used to determine the number of parking spaces required for new development. 4. Parking Calculations for Existing Development Findin - Base Parking Requirements for gross floor area of existing development are established in the Denton FBC and detailed in Exhibit 5.24. Existing restaurant uses may be considered "grandfathered in" and should not need to meet FBC-based parking requirements for general retail uses so that the downtown business community is not adversely affected. Recommendation -The FBC-based parking calculations, shown in Exhibit 5.24, should be used to determine the number of parking spaces required for existing uses, only if they modify business floor area. 5. Increase Parking for the Mid-Term Findin - Parking demand is not uniform throughout the study area; some blocks have deficiencies and others have surpluses of public parking. Currently, the blocks in the center of downtown nearest Courthouse Square (DTIP Zones 4, 5, and 6) have the least public parking. Maximizing the size and efficiently of downtown parking facilities will be important over the mid-term Parking: 1. No Parking shall be required for existing developments 2. A parking credit for new development shall be granted for any existing retail which has been active for at least five years, in an existing building that is being demolished. The new building must be under construction within two-years. This credit shall only be available for up to two years after the building is demolished. If the new building has not been sub- stantially constructed (as determined by the Director of Planning) by that time, then the credit lapses and the downtown parking requirements are fully in force. Parking Calculations for Existing Development Exhibit 5.24 development horizon (three to 10 years out). Recommendation - Existing public parking Lots A and C should be enlarged: 1. Lot A - Denton should work to develop a shared- parking agreement with Wells Fargo for mid- term surface-lot usage and long-term garage development. 2. Lot C - Denton should raze the old fire station Do entan and partner with adjacent property owner(s) to expand public parking for mid-term surface-lot usage and long-term garage development. 6. Create a Wayfinding Signage Network Findin -An enhanced signage system is needed to support public parking downtown. Such a system is called a wayfinding signage network; it can direct visitors to locations offering public parking. Wayfinding is the means of providing graphic information to aid travelers and visitors to confidently determine the route to reach chosen destinations. It enhances the ability to orient and locate oneself within an area. Recommendation -A comprehensive wayfinding study should be completed to define the type of signs, locations, content, and sign design (see Exhibit 5.25). These signs will be designed specifically for downtown Denton and its points of interest, including public parking and directions to the area's multiple destinations, such as Quakertown Park, the proposed DCTA transit center, Courthouse Square, UNT, TWU, and others. An attractive, recognizable, and unique theme should be developed for downtown Denton's wayfinding system graphics and signage. On-street signage should direct motorists to available parking facilities, and it should lead pedestrians to their downtown destinations once they arrive at their parking location. Available parking locations in downtown Denton should be publicized through parking brochures and maps distributed to customers, visitors, and workers at popular attractions and public places downtown. 7. Establish Delivery Truck Guidelines Findin - Downtown streets exhibit a tight development pattern, creating a challenge for delivery trucks serving clubs and restaurants. A large number of these deliveries take place during the work day, with the driver double parking on the streets near the commercial establishments, which causes delays and dangerous situations for motorist who attempt to pass. Recommendation -A comprehensive set of guidelines is recommended for large trucks making downtown deliveries, including: it A*A A WV'I: LAR PAN.NI'M DESICNATIUN OI ESiIONAE ]IRE"_i'M BP P PAP -RI~N FIDESTRIAN a STRUET F. J'. C'. RECTICNAL $ILN rlri y; W46HINCT0 I' Wayfinding Signage System - Prototype Figure 5.25 P` UAII A i i V aWayfinding Signage - North Texas Examples Photograph 5.5 1. Locations where trucks can stop to make deliveries 2. Times when large trucks are not allowed to deliver goods 3. Preferred routes for large trucks entering downtown Item 1 - Trucks serving merchants in DTIP Zone 5 have two options. First, the trucks can double park in the front of the store during approved times; trucks double-parking in these locations during non-approved times will be ticketed. The second option is for truck drivers to park in the areas identified and striped as delivery zones. These delivery zones are located in the new streetscape designs for the mews category of streets (such as, Austin, Cedar, Walnut, and Pecan). Do entan Trucks serving all other DTIP zones need to be in a loading zone and not double parking or violate traffic regulations. Item 2 - Large food and beverage delivery trucks will not be allowed to deliver from 11 am-2 pm and from 6 pm -10 pm during weekdays and weekends. This is to assist delivery trucks, emergency vehicles, and standard traffic. Item 3 - Large trucks, as defined by TxDOT and City engineers, should use either Carroll Boulevard or Bell Avenue to enter (or pass through) downtown. These two roadways serve as the regional mobility corridors linking into the city-wide network. 8. ADA Parking Findin - Some existing downtown public parking lots do not have ADA spaces identified. Additional ADA spaces will be needed as downtown grows. Recommendation - Denton should redevelop existing public parking facilities in conformance with the Texas Accessibility Standards, and Denton should continually update the quantity of ADA spaces when new public parking facilities are added. 9. Parking Reductions for TOD Findin - The study area includes a large, strategic area for TOD development, as defined in the FBC. TOD, as will occur around the proposed DCTA transit center, includes extensive mixed-use buildings, which require less parking; and less parking is programmed in the FBC development guidelines. Recommendation - Parking for new development within a quarter-mile radius of the proposed DCTA transit center should be reduced by 25 percent, with the exception of parking for a stand-alone office building in this walk zone, which should only be granted a 15-percent reduction. 10. Acquire Strategic Property Findin - The downtown area closest to the proposed DCTA transit center will most likely generate near-term private development, and it will experience pressure for additional parking to support both that development and the transit/transfer facility. Recommendation - Denton should acquire additional property in the TOD area to have the opportunity to participate in public-private parking solutions. 11. Parking Calculations for Parking Garages Finding - Parking demand is expected to be much greater in 10-15 years with construction of large buildings. Maximizing parking on currently-owned city property may offer a long-term opportunity. Recommendation - Up to three parking garages may need to be financed and built in phases, as needed, using funding options discussed in this implementation strategies chapter. All parking garage development should be sited with active ground-floor land uses fronting on public streets to help ensure a high-quality downtown pedestrian environment that will maximize economic development potential. 12. Funding / Implementation Finding -Surface parking facilities are often the most economical solution in areas where land is relatively inexpensive. As the cost of land goes up, above-ground parking garages tend to become more cost-effective. Denton should begin setting aside revenue to be able to develop public parking structures as downtown grows. Recommendation - Denton should primarily develop parking lots on land it owns. However, new property purchased for parking may include buildings or other improvements that will need to be demolished. A cash- in-lieu-of-parking program allows making a payment into a public parking fund in lieu of physically providing parking on site. The cost of a parking space for this program should be determined by calculating the construction cost of a 300-square-foot parking space and adding an estimated amount for the cost of land. The resulting sum should then be reduced by 60 percent to reflect the efficiency of use resulting from publicly-shared parking spaces. Do entan 13. Early Action Items Findin -A set of early action projects was created to help downtown address parking issues and concerns. These early action items include parking recommendations, as well as traffic circulation, signage, landscaping, and other related features required for a successful parking program. Recommendation - Completing the following early action projects is recommended to help solve downtown's parking needs with a modest investment of cost and time. a. Striping for angled parking on Hickory Street b. Development of parking lot(s) (signage, lighting, ADA, resurfacing, and landscaping) c. Wayfinding signage for public parking lots d. Road and streetscape improvements for a two- three block section of Hickory Street (design) e. Striping for angled parking on Industrial Street north of Mulberry Street and part of Mulberry Street between Industrial and Oakland streets These projects should be completed within a 12-18 month timeframe following the DTIP's adoption. Site design and engineering fees, construction engineering and management, and other similar costs will be required for these early-action projects. 14. Enhance Parking Education Program Findin - Parking demand is greatest between 10 am and 3 pm. The current education program should continue to instruct downtown workers to park in more remote areas, which then allows business patrons access to parking spaces closest to the front doors of downtown businesses. This program needs to be supported with quality parking areas for employees. These designated employee parking areas need to be lighted appropriately for security as do the paths from these lots to the employees' workplaces. Recommendation -An enhanced parking education program is recommended for implementation to define areas for downtown employees to park and to educate these employees on the advantages of parking remotely. 15. Parking Enforcement Findin - The two-hour time limit for downtown on-street parking spaces has not been enforced adequately. Stricter enforcement is needed to increase the turnover of parking spaces in the area, which will make spaces available for other patrons. Recommendation - The current parking fine structure should be evaluated and then modified to better deter violators from parking beyond the maximum time allotted. Staying ahead of the growing number of downtown parkers is important, given the close proximity of the UNT and TWU campuses and student housing. An increased fine structure will help achieve better compliance with parking regulations; and it will generate additional funds, which can be applied to downtown programs. Do entan Downtown solid waste management involves three primary categories of issues, each of which involves important components, as follows: 1. Environmental Issues • Poor image • Bad odor • Glass and grease residue 2. Physical Issues • Dumpsters in the street • Dumpsters on sidewalks • Large trash containers sitting askew to the street • Turning radius of trucks J acrd VNither,~ SA m , r '~~nta;n~r SLU J,~ Ar- B-UF dry ~ ,ryaare Cistr:et Quakertown Park o c a o J F- p! I r Il ` I~ I Oak St. J( §~q ua4. 1N, ownto District istridt RA=y-5 I t : J Solid Waste Strategy Exhibit 5.26 Priority Recommendations: F1: Conduct Pilot Program F2: Implement Preferred Plan (Location, Type, Pricing for Solid Waste Removal) F3: Screen All Existing Solid Waste Dumpsters in the Square District F4: Establish Broad Downtown Recycling Waste Program F5: Create a Downtown Recycling Center F6: Screen All Existing Solid Waste Dumpsters in the Downtown District tg w~ 1 c 1. Environmental r11Ya1~01 Economic Solid Waste Management Photograph 5.6 3. Economic Issues • Loss of parking • Limited number of recycling containers • Deleterious effect on economic development Summary of Findings and Recommendations A series of recommendations was designed to yield a comprehensive strategy for downtown waste management, based on existing downtown conditions, assessment factors, and stakeholder preferences. The following subsections detail the recommended strategy in six waste management recommendations: Do entan 1. Solid Waste Districts Findin - The quantity and density of trash containers is different in different parts of downtown; a higher concentration of trash containers is located around Courthouse Square. Recommendation - Two separate districts should be established for trash removal each with a different removal plan. A Square District is proposed to cover the blocks closest to Courthouse Square, and a Downtown District is proposed to cover the rest of downtown. See Exhibit 5.26. 2. Front-Loaded Containers Findin - Front-loaded containers (see Photograph 5.7) are larger than side-loaded containers. Thus, they can hold more trash and require less-frequent emptying, although their added size makes them more challenging to place and displaces more parking. Significantly, Denton has a preponderance of front- loading trucks, which require a greater turning radius to maneuver and require front-loaded trash containers to be located at an angle to the street in order to be emptied. Recommendation - Denton should use front-loaded trash containers throughout downtown because of their greater capacity and less-frequent emptying requirements. These containers need to be grouped together mid-block and placed parallel to angled parking spaces to permit trash haulers to more easily I Front load container and truck Photograph 5.7 empty them. Screening for these mid-block trash container groupings should include full masonry walls and quality metal doors. 3. Side-Loaded Containers Findin - Side-loaded containers, an option for downtown (see Photograph 5.8), are smaller than front- loaded containers, and they can be screened and fitted Side load container and truck Photograph 5.8 between parallel parking spaces using on-street space more efficiently. The smaller size of the side-loaded containers requires emptying them more frequently, generally in both the morning and the evening; and the city currently has only a limited number of side-loading trash trucks. Recommendation - Denton should discontinue use of side-loaded containers because of their added labor costs and the limited availability of side-loading city- owned trucks. 4. Recyclable Materials Findin - Increasing the opportunities for downtown businesses and residents to recycle is of strong interest to the community. It improves the quality of life for users; and the city has been working to increase the availability of recyclable containers downtown. Recyclable containers are a light blue in color to separate them from the standard green solid waste receptacles. Recommendation - Containers for recyclable material (see Photograph 5.9) should be added in both the Square and Downtown districts. To do so, the city needs to make a policy decision about whether items (plastic, glass and paper) are going to be mixed or separated for recycling. Also, a bulk recycling drop-off center should Do entan Recycle material container Photograph 5.9 be established downtown for downtown citizens and businesses with greater than normal recyclable needs. 5. Trash Container Screening Findin - Most existing downtown trash and recycling containers are sited with no screening; fewer than 10 percent are concealed with some type of screening, primarily chain-link fencing with slats. In addition, many of these containers are located on the street, displacing parking spaces and creating a negative visual impression of downtown. Recommendation -All trash and recycling containers in both the Square and Downtown districts should be screened behind a six-foot-tall masonry wall with hinged and painted metal doors (see Photograph 5.10). The enclosure needs to provide pedestrian access for those bringing trash to the trash container that is separate from the large doors that the trash hauler will use for his truck pick-up. This design and layout should Trash container screen Photograph 5.10 work well with the proposed downtown streetscape improvements. 6. Solid Waste Strategy - Pilot Program Findin - Establishing a single, solid waste strategy for downtown will require careful planning. Recommendation - The city should conduct a 30- day pilot program in the Square District to determine the most appropriate solid waste removal strategy for downtown (see Exhibit 5.11). The strategy will need to define waste pick-up times for weekday and weekend service and appropriate locations for trash and recycling containers, as well as the location for the downtown bulk drop-off recycling center. The trial program must be carefully planned to properly locate the containers and address their screening requirements. The locations of trash and recycling containers and their screening will need to be defined with painted lines on the street pavement, reflecting future sidewalks and streetscape amenities. The results of the pilot program will need to be thoroughly evaluated to be able to formulate a preferred solid waste removal strategy, which may incorporate a combination of removal systems. The Square District pilot program can also influence the approach to solid waste removal in the Downtown District. A revised solid waste removal schedule will need to be developed and distributed for the selected trash removal strategy. The goal is to provide better service for downtown businesses and residents, while creating a quality streetscape environment appropriate for downtown Denton. Solid waste strategy elements Photograph 5.11 Do entan 7. Solid Waste Strategy Downtown District Finding - Some property owners in the Downtown District may be challenged to have individual waste facilities (dumpsters) on their site. Recommendation - In the Downtown District the strategy for solid waste removal is based on the following procedures: • First, property owners need to design their site to accommodate a waste facility (dumpster) that is constructed to Code and 100% screened. • Second, a hardship option, is to work with the City to define a shared facility to use with a downtown neighbor. Property owner needs to be granted approval as having a hardship. • Third, this shared facility may be sited on private property or designed within City ROW. Said waste facility will be constructed to Code and 100% screened. Facility will be paid for by private property owners. Hardship cases will be reviewed case by case. I V I I Implementation Strategy This chapter presents the implementation strategy to give Denton the roadmap to realize this study's recommendations for downtown. It shows the relationship of the DTIP and its important FBC implementation tool to downtown's master plan concept; it establishes a suitable organizational structure to implement the DTIP; it identifies and evaluates potential funding mechanisms and development incentives; and it details a prioritized step- by-step implementation strategy, presented in a user- friendly matrix format with case studies. This chapter's implementation strategy builds a framework for strategic investment and provides short- and long-term action items that City decision-makers can execute in a tactical way. This implementation strategy is intended as a guide, rather than a controlling mechanism, because downtown is a dynamic, urban environment and part of a larger whole. Idd- E7 a 'Ft fT~.q j' k o i~ rfT r t- r. . is v r. Do entan The purpose of the DTIP is to detail recommendations and strategies that will further the vision and goals of the 2002 Downtown Master Plan. The physical, social, and demographic conditions in downtown were analyzed in 2010, including new community input, as part of this project so that the DTIP is based on up-to- date findings, which are described at the beginning of this document. Exhibit 6.0 graphically demonstrates the relationship of the Downtown Master Plan concept to the DTIP strategy presented in this chapter and to the FBC, which is an implementation tool to accomplish the DTI P. City leaders initiated the DTIP because they recognize the value of downtown and wish to capitalize on that value for the entire community. Investing in downtowns not only builds financial equity but also cultural and social equity. In addition, environmental benefits accrue from redeveloping areas with existing infrastructure. Consumer demand exists to reinvest in areas where people want to live, work, and play, such as, downtown P m en.tation 01a Downtown Concept Downtown Implementation Man Downtown Implementation (FBC) Farm Based Code Parking ne-SO"d fon in the Mekronlex - Mixed Use Pelt-" of ❑euelopment ' W Y ? - Pede strYan E+vlronmen[ 4~ ,^~j+i, `°R~.... M ~ 7., ~ Parks Opc-n Space I r Connected to the Region via call L •sCp. ±r "II~iPkI unity(LINT %t TWll) -y~ rrr ! T t Ile to C (jlr➢ , rrltf4',PtS r - i1,._ f At t "lid ill r7 ~ _ - t;ire - f Anchiteeture f fl ,ads-I:, € p q r ,ibis •,:;LI I~d~ ~~11 + ,f k I. ' Irt,plerriurLdLbn I StftltYi~]`I{: I. 1.. t.: {t F.';i 3-!1 3 E a Sukpartln 'para~ku,nur~Ls fl I i + :=tF i,r I,ia',:ol Lu- Par? Concept/Strategy/Implementation Relationships Exhibit 6.0 environments. The financial value created in a downtown that has achieved critical mass is contrasted with conventional suburban development in Exhibit 6.1. Financial Characteristics of Downtowns with Critical Mass (Blue) versus Suburban Development (Red) I I i I I I i o I I ~ I I I b I i `t2 1 I co 1 1 v V I ~ro I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (years) Source: Christopher B. Leinberger, Arcadia Land Co. and Robert Charles Lesser & Co. Financial Characteristics of Downtown Exhibit 6.1 Downtown development typically: • Offers a transportation network with choices • Is the model for walkable urbanity • Typically achieves better rent and sale values • Performs well in the long-term (nine to twenty years). Suburban development typically: • Lacks a comprehensive transportation network • Is not pedestrian friendly • Exhibits indistinctive architecture • Performs well in the short-term because it is built inexpensively (peaks in five to seven years). Downtown Denton will achieve critical mass as the DTIP strategy recommendations are achieved. Do entan Recommended Organizational Structure to Implement the DTIP Denton has existing organizations that are involved in improving downtown and implementing the 2002 Downtown Master Plan. The Denton Economic Development Board (the Partnership) promotes an environment that encourages commercial and industrial development for the purpose of enhancing job creation opportunities, providing a sufficient tax base to support household growth, and improving residents' quality of life. A subcommittee of the Partnership, the Downtown Task Force, is focused on getting the Downtown Master Plan implemented. In addition, the Main Street Association (MSA) is a non-profit organization comprised primarily of downtown merchants, which is dedicated to revitalizing downtown through programming of festivals, events, etc. Integrating the DTIP into the existing economic development fabric will require developing an organizational structure that will: • Provide the framework needed to execute economic development for the City of Denton, as well as for new city, business, and residential investment in downtown which are called for in the DTIP • Aggressively engage the private sector to participate in the DTIP • Balance the private sector's need for a highly efficient and effective structure with the public sector's need for transparency and community engagement Goal: Enhance the current economic development system to not only pursue the broad-based economic development objectives of the City of Denton, along with adding more aggressive support for the development objectives outlined in the DTIP (organization, funding mechanisms, partnerships and incentives). Issues: The Partnership, its Downtown Task Force, and MSA need to gain greater capacity to engage private- sector developers, to expand private investment, and to concentrate development expertise and financial resources on the near-term development opportunities identified for downtown. The recommended structure needs to be designed to leverage the strengths of the current Partnership (including its Downtown Task Force), the private-sector components of MSA, as well as additional private investment to implement downtown development in areas offering the greatest economic potential. Organizational Strategy: 1. Create a Downtown Development Corporation (DDC), a privately-led, non-profit corporation to focus on real estate development projects and programs for downtown Denton. Either the Downtown Task Force or the MSA, or both, could be used as the starting point for creating an organization with the enhanced capabilities and authority of this corporation. A DDC can enhance the effectiveness and efficiency of the overall development services system by leveraging private investment in downtown Denton on projects and programs with the greatest economic potential or need. The corporation will provide a significant role for the private sector to participate in revitalizing downtown, and it will provide focused support for catalyst projects to generate new income and prosperity for Denton. • The DDC becomes the private, non-profit DTIP "arm," which takes the lead on implementing the DTIP components that the Partnership prioritizes. In essence, the DDC becomes the "owner" of the DTI P. • It is empowered to act as the catalytic developer for downtown and can be designated as the owner of abandoned downtown buildings or vacant land that the city or other civic entities may acquire. • It plays a critical development role, and therefore, needs to have public representation on its board to ensure collaboration between public and private entities as funding for infrastructure and other incentives moves forward in support of private development. • It is a partner with the city, the Partnership, the future TIF (tax increment financing) District, Denton Chamber of Commerce, Hispanic Chamber, Denton Black Chamber of Commerce, and a future public improvement district (PID). Do entan Exhibit 6.2 (Recommended - Funding Mechanisms and Development Incentives) identifies and describes three programs, which are recommended to fund infrastructure improvements, their eligible uses, and their application to Denton. Tax Increment Financing (TIF) and Public Improvement District (PID) are the two key programs recommended to fund downtown infrastructure improvements in Denton, along with a recommended regional grant program. Downtown Plano, TX was especially successful in using TIF to fund infrastructure improvements capitalizing on its downtown DART transit station (Appendix details the Plano, TX case study). Plano's TIF has generated over $1.5 million in annual revenues, and is projected to generate in excess of $15 million over the life of the TIF. These funds have been prioritized, at least initially, to spur downtown redevelopment. Plano's use of TIF has brought the community close to reaching its goal of adding 1,000 new housing units and 50,000 square feet of new commercial development. In addition, TIF incremental funds have permitted the city to invest over $2 million in streetscape and surface transportation improvements to stimulate economic development. Similarly, the City of Dallas has announced $95 million of investment in the recent economic recession around its most-successful Mockingbird and nearby DART stations where "extended" TIF districts have been established and Council of Governments grants have been awarded (Appendix details the Dallas, TX case study). Dallas DART-related TIF funds are being used to reimburse infrastructure expenditures of private developers, who are building mixed-use developments, including housing, retail, and office uses. PROGRAM NAME & ELIGIBLE USES PROGRAM SUMMARY DENTON AUTHORIZING BODY APPLICATION Tax Increment Financing Public-Private Applies the value of future (property or sales) tax revenues to the cost of current Recommended - Form (TI F) Developers: All improvements. At least 50 percent of affected property owners can initiate TIF a Tax Increment Finance Land Uses through petition, or, as most typically occurs, a city or county may initiate TIF District. City of Denton - Rev- when an area is found to "substantially impair the city or county's growth." enue Fund or Financing Public Infrastruc Tool ture TIF Benefit: Funds are dedicated to specific uses designed to accommodate and enhance the feasibility of new development, even in the absence of county or school district participation. TIF is a city commitment to the private development community that the city is serious about improving infrastructure in downtown as a whole versus any one property (tax abatements favor only specific properties). Recommended - Funding Mechanisms and Development Incentives Exhibit 6.2 PROGRAM NAME & ELIGIBLE USES PROGRAM SUMMARY DENTON i; AUTHORIZING BODY APPLICATION Tax Increment Financing Public-Private Advantages: Recommended - Form (TIF) (continued) Developers: All • TIF may create new taxes, rather than simply redistribute existing tax a Tax Increment Finance Land Uses revenues to specific infrastructure projects. District. City of Denton - Rev- • TIF is locally-administered and is autonomous from state and federal enue Fund or Financing Public Infrastruc involvement. Tool ture • TIF does not count against a municipality's debt limit. • TIF provides a stimulus for targeted areas of redevelopment. • TIF provides private developers with a city commitment for public improvements or write-down of the cost of land. • TIF provides a way of funding redevelopment from taxes collected in the TIF district itself without raising the taxes of city residents. Disadvantages: • TIF can lead to inter-jurisdictional conflicts when multiple municipalities or taxing districts are involved. • TIF removes local elected officials from making decisions about use of public funds. • Benefits of TIF may be reduced by lack of participation by Denton County and the Denton Independent School District. • TIF needs a project to initially raise tax revenues in the TIF district. • A TIF district creates another level of local bureaucracy. • Borrowing against projected TIF revenues may be overly optimistic and lead to serious financial problems, if growth does not match projections (construction risk, market risk). As a result, the decision to issue debt versus funding projects on a pay-as-you-go basis should be carefully considered. • Potential property value increases will not generate additional General Fund taxes, and as a result, other properties outside ofthe TIF will be required to pav a greater share of the tax burden. Public Improvement Public Infrastruc- Special assessment or taxing district: Recommended - PID has Districts (PID) ture, Business • City creates PID through petition process. been attempted but Den Promotion and • 50 percent of value and either 50 percent of owners of record or 50 percent ton has been unsuccessful City of Denton - Rev- Retention of the service area minus public right-of-way. in attracting enough sup- enue Fund or Financing port among property own Tool PID Project Types: ers. Recommend building • Construct or acquire public infrastructure. a comprehensive case • Provide supplemental business-related services (e.g., advertising and business to demonstrate benefits recruitment). (protecting property values, • Limited to project and services provided for in an approved municipal service maintenance of public plan and assessment plan. improvements, safety, cleanliness, etc.) PID Debt Financing: • City-issued bonded debt. • Bonds issued for improvements must be issued in a manner that complies with a municipality's general authority to issue bonds. Advantages: • Generally property values increase • Money paid to PID-used within PID area • Strong return on investment • PID bond proceeds greatly reduce the need for equity investors - reduces borrowing costs Disadvantages: • PID can become a powerful lobby group in the city. PIDs are sometimes used together with a TIF District and serve as a backstop in case a shortfall occurs in tax increment (only when bonding used, not pay as you go), or they are used very effectively in tandem with a TIF. NCTCOG Sustainable Projects Foster The Regional Transportation Council, the policy body of the North Central Texas Recommended - Pursue Development Funding ing Growth and Council of Governments (NCTCOG), created the NCTCOG Sustainable Develop- this for TOD and Downtown Program Development (in ment Funding Program to encourage public-private partnerships that positively and around his address existing transportation system capacity, rail access, air quality concerns, Regional Transportation toric downtowns and/or mixed land uses. NCTCOG and its regional partners are working to ad- Council - Grant and Main Streets, dress air quality, congestion, and quality-of-life issues by allocating transporta- infill areas, and tion funds to land use projects promoting alternative transportation modes or passenger rail reduced automobile use. lines and stations) Recommended - Funding Mechanisms and Development Incentives Exhibit 6.2 (Continued) Do entan Exhibit 6.3 identifies five other programs that offer potential for meeting some of downtown Denton's infrastructure financing needs. These programs are recommended for the city's further study and evaluation of their potential suitability for Denton, namely: Municipal Development Districts; Municipal Management Districts; and the Texas Industry Development Loan Program; and two federal programs recommended for specific funding applications. PROGRAM NAME &ELIGIBLE USES PRO G RAM AUTHORIZING BODY APPLICATION Municipal Development Land Acquisition, Cities may establish municipal development districts through election, which Recommend Further Study Districts Parking Struc may levy additional sales tax for economic development projects similar to - For use in lieu of the 4A tures, Utilities those levied under Sections 4A and 4B. Municipal development districts may be or 4B Economic Develop City of Denton - Rev- Upgrades used, whereas Sections 4A and 4B may not be levied in a city's extraterritorial ment Tax enue Fund or Financing jurisdiction (ETJ) and they may not be levied when a city has reached its Tool two-percent sales tax cap. A municipal development district sales tax has two possible advantages over an economic development district sales tax: (1) the municipal development district tax need not be levied over the entire city, which is useful for cities that are at the two-percent sales tax cap in some parts of the city but not in others; and (2) it is the only municipal sales tax that may be levied in a city's ETJ. Texas Industry Develop- Loan Program for The Texas Industry Development (TID) loan program provides capital to Texas Recommend Further Study ment Loan Program Public Facilities communities and eligible 501(c)3 corporations at favorable market rates. The - Could provide inexpen (including librar program supports eligible tax-exempt public-purpose projects that will stimulate sive loans for new public State of Texas- Financ- ies, police/fire economic development within the community. TID Program loans are available buildings ing Tool stations, admin with low cost, variable-rate long-term financing with the term of the loan not buildings, com extending beyond the useful life of the assets and up to bond maturity in 2025. munity infrastruc- ture) Surface Transportation Parking Struc STP and CMAQfunding can be used to fund transit-related parking facilities, and Recommend Further Program (STP) and Con- tures they can be used to leverage private or local government investment in non- Study- Possible future gestion Mitigation and transit-related parking. funding source for parking Air Quality (CMAQ) at transit stations; it is tied in with the NCTCOG Federal DOT funds program Municipal Management Commercial Property owners may impose special taxes, special assessments, and impact Recommend Further Study Districts (MMD) Property Owners fees, or other charges to property owners within the district. - An MMD would be an • State Legislature-created additional assessment on Created Through State (for • State political subdivision top of the PID assessment, Legislature - Revenue infrastructure, which would not likely be Fund or Financing Tool facilities, and M M D Project Types: supportable. services above • Construct public infrastructure and beyond • Provide supplemental services those that the • Use economic development programs local municipality • Use any other power that enabling legislation authorizes provides) MMD Debt Financing: • May issue bonds that the statue and its local governing municipality permit • Bond debt is not city debt • Bond debt does not affect city bonding capacity Recovery Zone Facility Property Devel- Part of the American Recovery and Reinvestment Act of 2009 Recommend Further Bond opment Financing Study-Could provide near term, inexpensive financing Federal Government- for a developer financing Additional Supporting Tools Exhibit 6.3 Exhibit 6.4 lists three additional programs that were considered and not recommended, including the reasoning for not recommending them. PROGRAM NAME & ELIGIBLE USES PROGRAM SUMMARY DENTON AUTHORIZING BODY APPLICATION Economic Development Land Acquisi- Up to a half percent sales tax (cannot exceed two percent local sales Not Recommended - Sales Tax Section 4A lion, Parking tax) to fund land, buildings, equipment, facilities, expenditures, targeted Denton is currently already &4B Structures, Utili- infrastructure and improvements for the purpose of creating or retaining at the two-percent cap on ties Upgrades, primary jobs for projects, such as: manufacturing and industrial facilities; sales tax (one and a half City of Denton - Rev- Community research and development facilities; military facilities (including closed or percent city and a half enue Fund or Financing Development realigned military bases); transportation facilities; sewage or solid waste percent county). The city Tool disposal facilities; recycling facilities; air or water pollution control facilities; would need to reallocate distribution centers; small warehouse facilities; primary job training facilities a half percent of sales tax for use by institutions of higher education; regional or national corporate revenue currently funding headquarters facilities; eligible job training classes; certain career centers; the General Fund or other and certain infrastructural improvements that promote or develop new or entity to the 4A or 4B fund. expanded business enterprises. Bonds can be issued using this sales tax as collateral to • Additionally, the Section 4B tax can fund projects that are typically considered accelerate improvements. to be community development initiatives. For example, authorized categories Also this sales tax allows ac under Section 4B include, among other items: land; buildings; equipment; cess to the Texas Leverage facilities; expenditures; and improvements for professional and amateur Fund, a low-cost financing sports facilities; park facilities and events; entertainment and tourist facilities; mechanism. and affordable housing. City-County Venue Proj Sports Facilities, This sales tax program can be voted on simultaneously with a reduction in some Not Recommended - ect Tax per Chapters Parking Struc- other sales tax to maintain the two percent cap. The venue project revenue Denton is already at its 334 and 335 of the Texas tures, General sources, in addition to (or in lieu of) a sales tax, include: a hotel occupancy tax; two-percent cap on sales Local Government Code Economic Devel- a short-term motor vehicle rental tax; an event parking tax; an event admissions tax. While this sales tax opment tax; and a venue facility use tax. Additionally, the venue sales tax can be could be instituted to pay City of Denton - Rev- proposed in certain limited cases, even ifthe city is already at its maximum sales for a future downtown enue Fund tax rate; with legislation allowing the voters to approve an automatic reduction parking facility, existing in another existing sales tax to make room for the venue tax. sales taxes would need to be eliminated to allow for this new sales tax. Bond Financing Infrastructure General obligation bonds and revenue bonds used to fund major infrastructure Not recommended - projects (roads, drainage improvements, and utilities expansion) Available mechanism, but City of Denton - Financ- it would require increasing ing Tool the city's current debt. Non Desirable Tools Exhibit 6.4 Do entan This section's implementation strategy was developed specifically for Denton to define a coordinated approach to public investment downtown. It is the product of the DTIP study process, including public involvement, plus coordination and review with city staff. This strategy establishes mechanisms for public financing, as well as for public-private cooperation. The implementation strategy recommendations are prioritized and grouped into the topics discussed in this document, beginning with a comprehensive "implementation programs" listing of recommendations affecting each of the eight topics. RECOMMENDATION TIMING AGENCY COST CATALYST PROJECTS FUTURE LAND USE A.1 Formally adopt DTIP Short COD A.2 Formally adopt Form Base Code Short COD n/a Yes a u u.... A.3 Establish a new Zoning District in Denton Development Short COD Code titled "Downtown District" .,.u- u-- .,.u- u-- .....,.u- PARKING B.1 Increase On-Street Parking Short COD B.2 Establish Shared Parking Program Medium COD B.3 Enlarge Public Parking Lots Medium COD TED Yes 6.4 Create and Implement Wayfinding Signage Network to Short COD $1251< Yes Parking 6.5 Establish Cash-in-Lieu Parking Program Short COD 13.6 Early Action Parking Projects Short COD PARKS/OPEN SPACE r C 1 Create a series of Urban Spaces pocket parks, neighbor- Medium COD hood parks, and wide pedestrian sidewalks C.2 Create Music and Fine Art Venues Medium COD C.3 Implement Quakertown Park Master Plan Medium COD ARCHITECTURAL D.1 Formally adopt DTIP which defines: Quality, Place, Envi- Short COD ronmental Design elements D.2 Establish LEED rating goal for all new development Medium COD D3 Submit DTIP for LEED neighborhood certification Long COD & USGBC D.4 Follow Tri-partite architecture proportions Short COD STREETS/LINKAGES E E.1 Adopt DTIP Street Standards for Downtown Short COD E.2 ` Modify City Mobility Plan to Include Downtown Street Medium COD 4 Standards E.3 Implement Hickory Street 'Grand Street' Project Medium ( COD ( $4.1 M Yes E.4 Implement 'Mews Streets' program for parking, safety, Medium COD waste and removal DTIP Implementation Strategy Exhibit 6.5 Exhibit 6.5 and 6.6 lists the priority recommendations; the timing for the recommendations as short-, medium-, or long-term; the implementing agency, which is the City of Denton, except in two cases where the city will need to work with either USGBC or TxDOT, the cost (where available) and which projects are catalyst projects. Short-term may be defined as less than three years; medium-term as three to five years; and long-term as five to ten years. RECOMMENDATION TIMING AGENCY COST CATALYST PROJECTS STREET/LINKAGES E.5 Implement early action street and mobility items Short CO LL SOLID WASTE F.1 Conduct Pilot Program Short COD F.2 ;g Implement Preferred Plan (location, type and pricing for Short COD solid waste removal). ,i F.3 Screen all existing Solid Waste DumPsters in Square Short COD $6001< Yes District COD Establish Broad Downtown recycle Waste Program Short ( F.5 Create a Downtown Recycle Center Medium COD F.6 : Screen All Existing Solid Waste DumPsters in the Down- Medium COD town District BICYCLE MOBILITY G.1 ; Adopt DTIP which defines bicycle standards and down- Short COD town ( G.2 ` Implement bicycle lanes on Sycamore Street to DCTA Medium COD station G.3 Conduct traffic Study for specific intersection designs Medium COD & I \;L)01 G.4 Implement bicycle signage program downtown (shared I'l-d um COL) lane and bike lane) G.5 Incorporate DTIP bicycle standards into City of Denton Medium COD system/standards , r, IMPLEMENTATION PROGRAMS H.1 Create TIF District (Tax Increment Finance District) Short COD n/a Yes H.2 Create DDC (Downtown Development Corporation) Medium COD ( n/a Yes H.3 , Create DPMA (Downtown Parking Management Author- Medium COD n/a Yes ity) H.4 Pursue NCTCOG Sustainable Development Founding and Short COD n/a Yes Grants H.5 Modify Park Exaction Fees Short COD n/a Yes H.6 Modify Tree Preseravation Ordiance to have 100% of col Medium COD n/a lected in Downtown to be spent in Downtown li DT/P Implementation Strategy (Page 2) Exhibit 6.6 Do entan Assumptions: Streets/Linkages E.3 1. Limits of estimate include Hickory Street from Bell Avenue to Locust Street approximately 1,300 linear feet of roadway. 2. No utility work is assumed in this estimate. 3. Demolition costs are not included. 4. No traffic control or environmental controls are estimated. 5. Street costs are assumed as a basic 8" thick concrete and do not take into consideration geotechnical requirements. 6. Pedestrian surface is estimated at 50% unit pavers & 50% concrete. 7. Traffic signal upgrades are included in estimate. 8. Contingency and design fees are included. Solid Waste F.3 1. City will screen all trash containers in Square District. 2. City will screen 50% of all dumpsters in Downtown. Assume revised total to be 120- City will screen 60. 3. Cost for each masonary screen is $10,000. Strategy 1 - Pay as You Go (low-risk): A. Establish cash-in-lieu-of-spaces parking fees to allow developers to meet parking requirements off-site. • Such fees would be set at an accessible dollar amount, taking into consideration the actual cost of constructing parking garage spaces. • Such fees would be collected and distributed through a Parking Management District to fund public parking garage spaces when sufficient funds have been collected. B. Alternatively, developers could be required to pay market-rate fees directly to property owners who have excess parking supply. Either of the above arrangements would help to fund future public parking garage spaces, which would accelerate downtown development. Once a critical mass of development has occurred downtown and parking demand is at such a level that the city could begin charging for it, metered spaces and pay parking lots could further fund the development of a parking structure. Strategy 2 - Pay Now (higher risk, but risk is shared): • Enlist a public-private partnership to develop a parking garage at the proposed DCTA transit center. • Ajoint partnership involving the City and DCTA, plus DART, or involving the city and a private developer, or some other combination of these entities could develop a parking garage at the proposed DCTA transit center. • The total burden of cost to provide parking for private development could be shared among multiple entities. • The shared-parking opportunities would benefit the developer by reducing the amount of parking needed to provide to support their development. • The transit authority would also benefit from shared parking by enhancing the agency's ridership. ABOVE GROUND PARKING GARAGE E 1. Capacity 250 2. Levels 4.00 3. Footprint of Parking Area 120 x 180 feet } 4. Site Area (acres) 0.5 5. Construction Cost/Space $12,000 6. Estimated Construction Cost $3,000,000 7. Project Cost (Construction + 15%) $3,450,000 8. Annual Cost to Own per Space $554 9. Operating Cost per Space $300 10. Revenue Collection per Space $300 11. Security Cost per Space $75 12. Total Cost to Own and Operate per Space $1,229 13. Monthly Revenue/Space Required to Break Even $102 Total Cost to Own and Operate per Year $307,168 Cost Analysis - Prototypical Parking Garage Exhibit 6.7 • The City could participate by providing land to accommodate a parking garage and by making TIF funds available to enhance infrastructure in and around the transit center and the parking facility. Exhibit 6.7 provides cost estimates associated with building a proposed 250-space parking garage in downtown Denton. The cost to build the garage is estimated to be $3,450,000 including contingencies, in current dollars, which translates to $1,229 per space to own and operate, and requires a monthly charge of $102 per space to break even. Do entan Exhibit 6.7 Items 5, 6, and 7 are based on today's conventional concrete parking deck facilities, including design and other miscellaneous soft costs and excluding land costs. Item 8, ownership costs, assume that the full cost of construction (excluding land cost) is financed at five percent for 20 years. The City would not incur any ownership costs if a developer and the transit authority funds the full cost of building the garage upfront; ownership costs would decrease over time if cash-in-lieu-of-spaces parking fees are used to fund the garage. Item 9, operating costs, include utilities, insurance, supplies, routine maintenance, etc. Item 9, operating costs, Item 10, revenue collection costs, and Item 11, security costs would be shared. Denton and DPMA will want to review the following considerations as DPMA reviews its options to make a decision on how to proceed: • Identify the near-term market opportunities for additional residential, retail, and commercial development in downtown Denton, including the potential for TOD at the proposed DCTA transit center. • Determine a supportable development program (number of units, square footage of retail, office, and other land uses, including civic, cultural, etc.) over the next five years and likely sites for near-term development. Multiple methods could be utilized to fund a parking structure: • Cash-in-lieu-of-spaces parking fees could be applied over time from private developers for individual projects in close proximity to the garage. • A private developer could pay for the number of spaces the project would use in the garage, assuming some shared parking. (For example: a 100-unit apartment complex may require 1.5 parking spaces per unit, or 150 spaces. Perhaps only 100 spaces are needed to serve the project with shared parking and the transit-oriented nature of the projects; the smaller number of required spaces would enhance the feasibility of the developer's project and provide the incentive to purchase 100 spaces in the City garage.) • The DCTA could pay for the balance of the parking spaces, which would serve the transit station, as well as serve as overflow for peak weekend and night use. s I ' i Appendix r 1 x~< 1 - 1 a T ~y a I s r ~ , Do entan Annual Report. Denton Economic Development Partnership. City of Denton, Texas. 2008-2009 Downtown Masterplan - City of Denton. Fregonese Calthorpe Associates. 2002. Project Report. Downtown Denton Transit Oriented Development. December 2009. Regional Choices for North Texas, Vision North Texas - Understanding Our Options for Growth. VNT Research Team - Strategic Community Solutions. November 2008. Saving Lives, Time, Money: Building Better Streets. Emergency Response & Street Design. Congress for New Urbanism (CNU). 2009. Sustainable Street Network - Emergency Responder Perspective. Charlotte Fire Department, City of Charlotte, NC, Charlotte Department of Transportation, 7 November 2008. The Denton Plan 1999-2020 - Comprehensive Plan of the City of Denton. City of Denton with HOK Inc. and Renee Perkins Jaynes, April 1999. The New Transit Town - Best Practices in Transit Oriented Development. Edited by Hank Dittmar and Gloria Ohland, Island Press - The Center for Resource Economics, 2004. The Regional City - Planning for the End of Sprawl. Peter Calthorpe and William Fulton, Island Press - The Center for Resource Economics, 2001. Transit Villages in the 21st Century. Michael Bernick and Robert Cervero, McGraw-Hill Publishing Company, 1997. Walkable Thoroughfares Guide - Building better streets saves time, lives and money. Congress for New Urbanism (CNU). April 2010. Case Study: Downtown Plano Transit Village; Plano, TX Plano, Texas is a large suburban city located north of Dallas. Its growth over the last 50 years has been dramatic. In 1960, Plano was a town of only 3,600 people. Today its population is estimated at over 230,000 and it is a major suburban employment center with over 100,000 jobs. The traditional downtown area, however, was largely left out of this growth. This area is home to the city's municipal offices and is its traditional core; however, up until recently, there had been little new office, retail, or residential development that was similar to what was being built in other nearby areas. In 1983, Plano was one of 14 cities in the Metroplex region that voted to create the Dallas Area Rapid Transit (DART) agency. The original date for the arrival of planned light rail service to Plano was 2010, however, in the late 1990s it became apparent that the schedule for the delivery of this service would be accelerated significantly to 2002. This led the city to focus on taking advantage of transit as a way to spur economic development in the downtown area. Prior to the arrival of DART, the largest investments in downtown involved a series of expansions of the city government offices. The city also purchased a largely abandoned strip shopping center to address the parking needs of its downtown employees. In 1984, voters approved bonds for streetscape improvements and the creation and expansion of downtown parks. These beautification efforts downtown did little to spur new private sector economic development. In 1991, the Plano planning and zoning commission development a downtown plan with the hope of enticing new investment to the area. The plan recommended preservation of the modest scale and historic character of downtown and promoted new infill development and redevelopment in areas adjacent to the traditional downtown. The desired result was to create a compact, mixed-use, pedestrian- oriented design for the downtown area. A new zoning overlay district was created for the 80-acre downtown core area. This required that all new buildings address the street and it limited building height to four stories. It also went as far as to restrict surface parking and place an altogether ban on "heavy" commercial uses. Do entan Issues Affecting Downtown Plano which Led to Renewed Planning Effort: • Eroding economic position • Physical decline and blight • Absentee and fragmented ownership • Limited hours of operation • Disconnected from surrounding neighborhoods In 1997, Plano's city planners began to work with DART staff to determine the exact location of the planned downtown Plano station. They also analyzed how development around this station could potentially support, and benefit from, proximity to this station. The DART system formally began service in areas closer to Dallas in 1996. The experience of these stations showed the potential for stations to be catalysts for new development and reinvestment. The City of Plano understood this potential and believed that access to light rail could particularly have a positive impact on the development potential of the city-owned former shopping center next to the rail line. This site represented a 3.6 acre redevelopment opportunity. DART gave final approval to the downtown Plano A station in 1998 and the city council approved the r redevelopment plan a month later. After a long negotiation period, the city and DART approved a joint i agreement calling for the transit agency to purchase f the station property and transfer ownership of surplus land around the station to the city. Plano would then pay for the reconstruction and reconfiguration of streets, drainage, and the utilities needed to serve the station. The cost would be credited against the value of the property transferred to the city. Any shortfall would be reimbursed by DART. The next step in the development process led the city to issue an RFP (request for proposal) to find a developer for the shopping center site adjacent to the planned station. In 1999, the city selected Amicus Partners to develop Eastside Village I, which included 234 dwelling units and 15,000 square feet of nonresidential space including two restaurants (on property leased by the City). The project offers a variety of floor plans including efficiencies, lofts, live/ work spaces, and one- and two-bedroom apartment homes. A five level parking garage is surrounded by the buildings in the interior of the property, providing resident parking as well as public parking on the first level during business hours. The project took advantage of allowances for increased density enacted through the previous planning effort. Three and four-story buildings were built on the edge of the sidewalks and exteriors are brick with design features that recall architecture of the late 19th century. These were design elements specifically enacted as part of the downtown development plan. The eastern half of the site also contains a four-story building wrapped around three sides of a five-level parking garage. This project added nearly 500 new residents to the area adjacent to the train station and also helps to provide a physical and psychological linkage between that station and the main shopping street in downtown. The developer also stated that proximity to a transit station benefitted the overall financial potential of the project. This proximity made it easier to attract capital and also led to a faster lease-up rate. Eastside Village I was clearly seen as a success from the perspective of the city, DART, and Amicus. However, at this time the city began rethinking how the new development would fit into an overall downtown plan. In fall of 2009, it was decided that an even larger vision for downtown redevelopment was needed. At this time, assistant city manager Frank Turner presented a report titled "A Vision and Strategy for Creating a Transit Village." This was subsequently approved by the city council. This strategy used the 1991 plan as a foundation but placed a greater emphasis on the relationship of downtown to the DART station and transit operations. Specifically, this effort set a goal of increasing residential development by 1,000 units and building 50,000 square feet of retail space within a quarter mile of the DART station itself. This study went as far as to identify potential redevelopment sites and several incentives for implementation, including public financial assistance and reduced parking requirements. Transit Village Strategy: • Locate/design light rail platform to maximize benefits. • Develop transportation linkages and parking programs. • Redevelop key sites adding 1,000 dwelling units and 50,000 square feet retail use. • Reinforce downtown as an arts district. • Expand park and streetscape improvements. • Preserve historic buildings. • Provide incentives for reinvestment. Do entan This study was the impetus for the establishment of a tax increment financing (TIF) district to encourage economic reinvestment in the study area. The formation of this district required cooperation and coordination between the school district, the county, and the community college. TIF funds come from increased property tax revenues from hs, new development. These funds can be used for infrastructure, public facilities, and land within the district. Under Texas state law, municipalities also obtain broader redevelopment powers within a TIF district. TIF is commonly used by the development and banking community to bridge financing gaps, especially in areas where the cost of upgrading the infrastructure are very high. The total appraised value of property within this TIF district increased from $307 million in 1999 to an estimated $424 million in 2002. This generated more than $1.5 million in annual revenues. Over the 15 year term of the TIF district, revenues are projected to exceed $15 million. This district is expansive and extends to all three of Plano's DART station. However, the downtown redevelopment area has been given initial priority for the use of these funds since redevelopment in this area is seen as being more critical than in the more highly development areas around the north and south Plano stations. It is widely believed by the City that the TIF district has been instrumental in helping to achieve their vision of increased downtown housing, retail uses, as well as the city's design goals for the downtown area. One of the latest projects to be constructed close to DART in the TIF district is 15th Street Village. This includes 34 for- sale townhomes and 90 condominium units. This was the first substantial new for-sale housing construction in the downtown area since DART arrived. Currently, there is a second phase for the 15th Street Village project that is in the planning stages. Other new development includes Eastside Village II which was finished in 2002 and features 225 rental apartments and 25,000 square feet of retail. This property has achieved very high rates of occupancy. Currently, there are plans for another new townhome development, Lexington Park at Rice Field, which will include 14 new luxury eco-friendly units. This community was designed within the parameters of the transit village overly. They are branded as "new urban" townhomes since they address the streetfront, have alley-loaded parking, and are pedestrian-oriented. This project is located two blocks from the DART station. Overall, the development spurred within the TIF district has brought the city close to reaching the long-term goal of 1,000 new housing units and 50,000 square feet of new commercial development (as set forth in the Transit Village Strategy). The incremental funds derived from the TIF have also allowed the city to invest over $2 million in streetscape and surface transportation improvements which have made the area more attractive to private investment. Key Lessons Learned: • DART station alone was not the only harbinger of new development. - Public investment (funded through TIF) and public-private partnerships seen as key. - Ridership projections have been surpassed without the provision of city-owned parking for transit users. - In beginning phases, users have been able to utilize privately-owned parking facilities within close proximity to the station. - Having a planning framework that promotes walkable transit-oriented development prior to the arrival of the actual light rail system was seen as very important in the creation of a "transit village". • Developers benefitted from transit proximity in terms of ability to attract capital to project, lease/sales period, and potentially have even achieved some price premium. - All these factors work to increase the financial viability of private development projects. - Public-private partnership can be key to creating the first truly "catalytic" project that ignites additional investment. - In the case of Plano, this took the form of the city offering an attractive land lease to a private developer. Do entan Mockingbird Station is the city of Dallas's most successful example of Transit-Oriented Development (TOD). In 2008, the Dallas City Council approved a TOD TIF district that encompasses the area around Mockingbird Station as well as station areas south of downtown including one TIF encompassing the area around the Cedars West and Eight-and-Corinth stations and a third TIF district called the Lancaster corridor sub-district. This includes areas around the Illinois, Kiest, and VA Medical Center stations. The strategic significance of this type of "extended" TIF is the ability to link successes in the development around Mockingbird Station to that of the city's southern sector in the Lancaster Corridor, which has been much slower to develop. The Mockingbird area is further expected to grow as a result of its location close to the planned George W. Bush Presidential Library. This unique arrangement is a result of a 2007 amendment to Chapter 311 of the tax code. This allowed the creation of a reinvestment zone for poverties that have some CALENDAR APPROX. OR i PROJECT LOCATION YEAR STATUS UNITS/SF' ESTIMATED TIF IINVESTMENT 4 COMPLETE VALUES The Shelby 5609 SMU Blvd. 2009 Under 55 units; $14,000,000 n/a construction 3,720 sf retail SW corner. rger SMU Blvd. & 2011 Planned 412 units: 9,100 $37,420,000 n/a Development sf retail Greenville Ave. ' Sphinx Develop- 130 senior hsg ment Corp. - Fiji/ 1515 Compton units; 50 town- 2011-13 Planned $12,337,500 n/a Compton Phase Street homes; 18,000 I & I sf office Crest Plaza Shop- 2935 S. Lan- Under $1,000,000 2009 112,000 sf retail n/a pink Ctr remodel caster Rd. construction added value Lancaster Urban SW corner Ann 46,568 sf office; Village - Urban Arbor Ave. & 2012 Planned 185 units; 9,285 $30,529,392 pending League expansion Lancaster Rd. sf retail & Ph I mixed uses 832 res units; Total 134,105 sf $95,286,892 $0 retail; 64,568 sf office 'All information updated as of September 30, 2009. 2Based upon either the TIF application or required minimum stated in the development agreement. May be updated for completed projects based on actual unit mix and square footage. 'Based upon 1) market value of comparable projects for anticipated projects, 2) private investment stated in the development agree- ment for projects that are approved or under construction, or 3) DCAD market value for completed projects (unless project has not yet been assessed). Values may not be fully captured by the TIF District for redevelopment projects once pre-existing value and/or the demolition of structures is netted out. Principal amount not to be exceeded per the development agreement. TBD indicates that development agreement has not yet been adopted. Asterisk indicated investment also includes interest not shown. 'Selected significant projects included. Tax-exempt property. Amount shown is approximate investment in improvements. Includes other incentives not shown. Contact City of Dallas Office of Economic Developmentfor more information. connection to and will benefit a mass transit rail system. TOD TIF Redevelopment Issues: • Need for urban scale/TOD zoning • Infrastructure upgrades • Flexible incentives to encourage density that is transit and pedestrian friendly TIF funding as well as a $1.6 million grant from the North Central Texas Council of Governments (NCTCOG) has enticed Prescott Realty Group, to move forward with the development of the "University Crossing" project. This is part of Southern Methodist University's master plan to expand its campus eastward past North Central expressway into the Mockingbird TIF area. University Crossing is planned as a mixed-use environment that will feature academic uses as well as private sector housing, retail, and office space. Prescott is also planning another large-scale development within the TIF boundaries that will include apartments and retail. This will be located southwest of SMU Blvd. (formerly Yale Blvd.). TIF funding is seen by Prescott as a key element that impacts the overall financial feasibility of these projects. Specifically, TIF funding will be made available to reimburse the developer for infrastructure work, streetscaping, and lighting in public areas (among other potential uses). While the TOD TIF district is relatively new, there are already many successes that can be pointed to, particularly in areas of South Dallas where, unlike Mockingbird, new development has been severely lacking around DART stations. This is a testament to the TIF district, the NCTCOG grants, and the activist role taken by the city to promote development in these locations. It should also be noted that this $95 million of investment going into planned and under construction projects has all been announced during the recent economic recession. Key Lessons Learned: • TIF combined with NCTCOG SD grants has been a proven boost to financial viability of development projects, particularly in areas where new development around rail stations has not been prevalent. • University (SMU) played a role in driving private sector development within the Mockingbird TIF sub-district. Public-private partnership that includes uses that will add revenue to TIF. Do entan Downtown Implementation Plan City of Denton, Texas October 2009 STAKEHOLDER INTERVIEWS Interview of: Card: (Tape/ list contact information) Interviewed by: Date & Time: 1. Individual Introductions II. Project Overview (1 minute) III. Any Questions Before Beginning? IV. Interview Answer all the following questions from your personal perspective. 1. What is your interest in Downtown Denton? Property Owner Business Owner Organization Representative (which one) City Official Other and for how long? years. 2. In your opinion, Is Downtown Denton a pleasing and interesting place for bringing visitors? Agree _ Somewhat agree Somewhat disagree Disagree Not sure If you agree, where are the best places to bring Downtown visitors? 3. When you think of Downtown Denton, what is the first mental image you have of downtown (check the most appropriate one for you)? Courthouse City Hall Shops around the square Quakertown Park Other JACOBS Team 4. In your opinion, Downtown Denton is an economically attractive environment for starting or locating a business. Agree _ Somewhat agree Somewhat disagree Disagree Not sure Why? 5. What are the greatest resources of Downtown Denton for strengthening economic development a creating new economic development opportunities? (limit to three) 1. 2. 3. 6. What do you feel are the major issues facing Downtown? 7. What is the most important factor or condition that will ACCELERATE economic development in Downtown Denton in the coming five-to-ten years? 8. Regarding economic development what type of development do you feel the downtown needs additional numbers of to reach its potential future? Residential - rental Residential - townhouse Office Shopping & Retail Mixed - Use (residential over retail) Entertainment facilities JACOBS Team Do entan 9. Name three assets that separate Downtown Denton from other North Texas downtowns? 1. 2. 3. 10. On a scale of 1 to 5; with 1 being `very important' and 5 being `not at all important,' how important are each of the following factors to the quality of life in Downtown Denton? Variety of housing options Quality of public institutions (city hall, libraries, parks, etc.) Variety of employment opportunities Vibrant and attractive downtown area Well designed streets for autos, pedestrians and bicycles Variety of retail establishments &entertainment options 11. In your opinion, is traffic congestion a problem in Downtown Denton? Yes No Not sure If yes, name three areas (intersections or corridors) in Downtown Denton where traffic congestion is a real problem. 1. 2. 3. 12. In your opinion, the current streetscape environment in Downtown is pleasant and of a high- quality for increasing economic development and growing a residential population? Agree _ Somewhat agree Somewhat disagree Disagree Not sure 13. In your opinion, does the Downtown area have a parking issue? yes no If yes, are their specific zones of Downtown that has the greatest concern? West of Courthouse East of Courthouse North of Courthouse South of Courthouse 14. In your opinion, is the solid-waste pick-up from the current dumpsters in Downtown picked up at a good interval? Yes working well No needs greater pick-up (twice a day) No needs greater pick-up (every day) Other comments: Not like current dumpsters Dumpsters need to be screened for view Need more trash capacity J COBS Team 15. Regarding solid waste, what is the walking distance you prefer to carry trash for removal? 100 feet max 200 feet max. Within your block 16. Yes or No Do you think the following issues would greatly improve the quality of life in Downtown Denton? Additional street trees in downtown Yes No Not sure Greater landscape requirements for new development Yes No Not sure Further development of the downtown area Yes No Not sure Additional hike and bike trails/lanes Yes No Not sure Greater variety of cultural facilities / entertainment Yes No Not sure Additional housing in downtown Yes No Not sure Increasing pedestrian amenities Yes No Not sure Providing additional parking in downtown Yes No Not sure Increasing parks in downtown Yes No Not sure 17. What downtowns with a similar scale to Denton that you have visited and admired - and what about these downtowns that we could learn from? 18. In your opinion, do you think we should limit architecture styles, building materials, colors available for outdoor walls, etc. in Downtown. yes no (just minor controls) 19. Twenty years (20) from now, what kind of downtown do you envision (want) Downtown Denton to be? (list three words or phrases that define the future) 1. 2. 3. JACOBS Team Do entan 20. What do you feel are the major impediments to reaching this vision? 21. Is there anything else we should be aware of as we work on the plan for Downtown Denton? That concludes our stakeholder questions. Thank You! JACOBS Team I rly of Denton. IX : Dmvntown Implementation Plan (DI IP) Win down Internet txptorer provided by Ja,.1i - ale F-I ',"1 ri.. CIF I, Print Fn ~l put Fit _ j'3hrlnk _ I Fawntes y l'-1 : - r Ia e .r 11 Page • Safety' Tools • to - Jt+.'i,QrirNi~l t'nY II In': ~ I I I1i111~~uil~`t411fi11111~i~mOtm~u~VlilluaAUinniuam€ »tahlti(iusiritlnt~tm(~5~~11111UhroaEl~iluh~~~1~;~~~l~~uip14m~~ ; l DTIP Agendas & Ni Downtown Implementation Plan (D I IP) U Tha -1 n the vracess ar developing a E mtown Implemenl: IF (DTIFthat'u llsvart as a cwtM, I to ache eve the g0a 3d tor. Mown Denton, as a dope E f W of the goals nptau ltd . "'town sno...::.;,: Fa Ce 10 los ~:or<slid ;:ISti DMINC.n l .....:01112111 a 'Ahe tit n, 's I, do U flown Vinous 7e allra and '91H .3 dDOw t h- II-h2 l inked parks rks ,d t r des-ned I'+ 5 Ve n l Downtown Implementation Plan The [TIP will co'sts'. pf the following el en, ants: parking, dah to area; des on, in space and Iin,oge, or ltd use analysis. Tf D- - , Do ',r erP'an.in, ^ and tire nc :r ill all be use, ieP 55 far .-do,-1 the DTIP. The Planning =1eplenl Department has contracted can bs Englneernc rue. Inca assist file Cit hth the development afthe OT'IF. Ith, long;. I that Do- r-is lire h6 of tire Ctr and sa U:2l Point in c.`mm.IGea dE tetla'th 200: the Fh- suppled tire D Do-smtmv Muster Plan >od LL _ a to ei courage de.elopmem. and Eq'I f tier panneFSniC OOportundsO whit pfronle Investors. While en ufinc tnatproperda5ipn practices are ordi,03yeu_ ilie L flP Wll l hurid On this pr'evlous'WWksnd woad 3 plan to aclar ll3 file goals otl Lue Cr, DD cw aster natl. Inod t F ,um that the DTlP ssr -fol. the Cit arro, far V -t1olsII p viding feed) I._atiending 11 meetings, and informing ether -iitlenis about 0,15 important endeavor- In the first phase of the process the City will conduct [I t_ and a save, mill be posted on thisi,ip c-on to soFldmun podenv various Jowntcwn rso s Sod rg_.mrit7 ofstal.ehoiders will be cored to a sstito City witted eloping the DTIP. You will find ~'I aernq' [cos and 1, e5 fcr:I,,a Or 11 free do ti-s'Web page. To,C ~ViiiE. preld b,,eal~ eres for the public to reddlve and provide information cn this topic, including this web page. Stakeholder Intervleva results c: r==:k here On Deco nhar 14 , 2009 the Cif) cf D2ht0n posted the first PunIIC Meeting for lira Downtown Innplernentudon Flan attire Central Flra Station. Carlos Cris meeting. those in attendance provided input or the Daft Prof ecI G9ala & QMuct- cnnenhV deefned for me i f0)e C1. ThiS input Came front a Wnnen scOnng oftlte eight (8; Loaf eatenlent5 and Tell supposing statements. The results of this romlurtity input 3(e noted on the fallowlne pages. It is Imposantfo understand When -Awni these percentages. whim correspond to fictional responses, that this pubs put event.; the part of a Hilt oath Iona process. Tns process first so lcts ioputthet ue gone,. in nature and data COnsiderabl,` 11ra detailed 35 the paten gets funhar alone Nf are just getting but Adele gere[al area )f the stedy_ This all Bald. one should reiewhidae responses cs early set of. p t :r mae to al sate guest 1s protectgoals]- Ournext uir IAeef gwill aerror input,egarding detailed plaices- All afhris input is alkable and best al-ted with alms et of general deplafi- inputfloor !heCOra t I.kre to )new the reams bean Mel ntgnen at the r„eema 'Ifyc „h to view the ?current0 t ' inple- tauen r"es tb,,n cl~' if )au have alp/L ll9na please Contact Ric, Leisnef_PrC)eG 1r13-nerfor the c)iSLlltam team at 214- 8549 vorli with the CitV On this CONNOWL lordsomehollu)n protest. If youwouldlike `o provide information or have questions, ptea.ae cl,ck here to send anamail to staff. Thank you for your participation. beef Meeting: Downtown Task Force faleeting Where: City Hall Work Session Room, 215 E. A7clanney Street When: Thursday.. July 8, 2010, 8:30 Aps, -pleeting Agenda TEA For " offcm,ate 1. call ROn fdeng its at (940) 319-8328 d~ h, = Fre d r-,e or in -,d- 7h,, r--tit= r,-or d- druid" tisbe vr. Do entan Friday, April 16, 2010 News 1,2 Volume 95 Issue 48 Sports 3 t n i Classifieds 4 Stormy Games 4 ' t r m - r s ; SCENE see insert 73° / 59° ~E ntdaily.com The Student Newspaper of the University of North Texas_ Denton Fublic traansf-)ortation hiLS reCOrd high BYDREwGATNES comparedto the same month last 1 Contributing Writer year. However, similar improve- The Denton County ments are starting to take root M"'YHS~tI~ Transportation Authority saw in Denton. i s record ridership in March, and "We routed more service more riders are expected to board duoughthecampusareasatboth >t ' the public buses in the months [TWU and UNTI," Palchik said. ~f - - d and years to come. "There are more frequent service, "Since the two years I have decreased wait time and more been driving with DCTA, I can buses to more destinations." see nothing but growth," bus Downtown Dallas has 1-tjrjs, , driver Danny Brinkley said. become a popular destination s Brinkleyand his fellow drivers for commuters as well, with the are transporting more students DCTAextendingtrips to the city's and commuters than ever West End via the Commuter r f before. Express line. ~u t, , h ~ pL a Last month, Denton Connect Brinkley's 40-mile trips to and provided 29,289 trips, from the Dallas hub have been l t? zt rry 'r, P~ passenger x enough to break the previous packed.a n p, r} N record set in September 2009 by "The majority ofthemarerest- ) 346 trips. dentsorbusinesspeoplethatlive 61 "Basically the cost ofparking, in Denton orLewtsvllleandwork y rhecost offuel,it's just getting to indowntownllallas.Thenthere be more economical, especially are U NT students who catch a bus duringthetough economic times indoventownDallasandcomeup right now," Brinkley said. here," Brinkley said. Boris Palchik, senior planner Those passengers that hitch a % for DCTA, attributes the growth ride inDallas tocome toDenton to improved services. The transit are what the DCTA is calling service has addedmore bus stops, "reverse commuters." PHOTO BY DREW GAINB/PHOTOGRAPHER routes, shelters, signage and Rather than heading into the DCTA bus driver Danny Brinkley welcomes aboard UNT students and employees on his route to Discovery Park. The transportation authority reported record rider- improved schedules that make city for work or school, these ship numbers forthe month of March and the service is expected to grow, officials said. the service more consistent and contramers are leaving Dallas for accessible, he said. Lewisville, Carrolton or Denton. Shannon Robinson, a social Thursday to go between school she said. will connect commuters to Most of the improvements A good proportion of them are work senior, has used the DCTA and her home near the Golden With the arrival oftheA-train Carrolton, Lewisville and later have been in Lewisville, where students, says Palchik, though Connect line for two years. She Triangle Mall. to Denton in summer 2011, the to downtown Dallas. the DCTA reported a 48 percent all demographics have been boards the Colorado Express "I love it. It saves me gas, and DCTA is bracing for more riders "We do expect more growth," increase in ridership in March, increasing. route every Tuesday and I don't have to pay for parking," and destinations. The rail service Palchiksaid. I'h T 11 D trend d 011 a it- t c developments spring near DART stops RROVVN center or even single-family homes. of the stations have gotten bigger and more B, It r,Mate r.ditor But that was bef'o e developers caught complicated. -tev rhi own(+. ri,illastew, rom oniothebencfitsofma~strau5it. They are called transit--oriented deve1- ~OffWalnut Hill Lane in northeast Dal- "One of the most important aspects of opmerits, or TODs. Aod these projects are las, demolition crews are making quick our overall project is having the ability to the real estate development's version of the work of a sprawling neighborhood of er-urr- have mass transit in the development," said Wod. my apartments. Nance Detwiler, managing director of Pres- 'lliey are the hot gadget that's remaking fr, place. of the crane-ridden units, de- cote Realty Group, which is building the the business of building retail, residential relopcrs will soon put up an urban village new Lake Highlands 'T'own. Center. "In the.-and commercial space, centered around a new commuter r_ail sta- ory, you can build your projects more dense Early TODs Like Mockingbird Station tion. and have a little less parking." and even West Village in Uptown showed In years past, that Lake Highlands prop- In just over a decade since the corn mut- developers that these complexes.resonated erly might have wound Up, being used for er rail system opened in Dallas, real estaae just more apartments or a strip shopping; projects that have ,sprung up around some ,ice DEVp,WPERS Page. Old apa-vunent w 1 , conaplexes .-f = (below) gar: s a i r 4 >5 a c }s f r wing -azfL Make -Vva0y for ~ ~~~-..~~"fe~'~*p.^s" C j i r✓.a r'x y y: ~o.i~ ,4+' -St? ~ai9.lae Higblands Town Center % K kY (in reirlderiing at 4eP9,)a a: tiai F p~ 1~% k tir m ix dmdPse opine t add / r r, ; c ~F a ~y (level 1 a K ° tf" ~I i ~ K 1 f that iNille 4, i f i R J jt Z 1S Y +~s J c t f close to a new ti 1 m' x~ 7 z~ r . r ~lhli I` ~~ona r 1rA Y -y~ t r ; .X e. 1 y y Lake. Highlands Town Center - Av $400 million transit-oriented, M 300,000 square feet of retail mixed-use development 100,000 square feet of office Adjacent to new Lake Highlands I 1,600 residential units ~x l light-rail station 20 acres of park and public space Walnut Hill Lane and Skillman Street M Developer: Prescott Recflty Group ■ 70 acres Yhuto by S l ] VE,, BKOWN(Stalf, Rei,aeriiig fro. Pregcott. Realty e~ta~ Do tom` ff I i'.-~ lI"S~-i11~ (i! f.. ~ ~i is~D ~tre, pl II1 7 i i i, I ~ I~l i,~ ;t~)<<~ j~ f9+ ii,, j , . 11r i~~; 1 f v tj ~';r i i X d + ~a near f 1 1 It r J l i~~t ~ ar _ 4 t lil top t ) } 1`,`71.11 (JI1 ~-lulls 1 ~ ` - ~ . ,lai t',:J',1116(~ls.l(Illli4~:'lUl1- s, ktf?r~~~ ~wt~ ~ ~ ~ r~»aa nir:l]I,L'lic(>i.kirl.l,~l.t.clah~~n~(ilii-tr ~ tl~(1'P~e'~fL~,~~~ h( aciv Park Law", c !lo ; pl{-;f 111111(1' C.(11rSlC~tl1.7LIUl.] lld;lar.:(-~I41 , to h):1lti L„s, 1'arlc f,anr rail ::,La.lulrl L:!i.~:.ill r - w id cost, lllr(c tllt,wii i 4 of ta. E~!il- Ro'l dolja ; h) 'l'h( ilrsi pll l c o [lie ol;aul n.iotli u.ixc(Ia e devekapmelli:. )of guard op irling will he ill 1'i_:IIru il.±; ok, Ile"O you " said Tod ~ Ii.lllNS.. i •fT-1Ull8tC1('.I'(Y(p'0;11'. ('l. r'l f'- . s`';l. l'.,7 I;i)C ~sl iif :l rl i8l ti loII l 1lar`1c l Polhirrs. %Vc. 1+i1) I)a% dw flru Lcu,lliis ill t1le iai,!;te.€lal-ll. lily<t.uc~~'ollicc^ lovE`er. .,r111"o-c 1('ct of rculd nml ohnut j a1};1rir 1O1f: MMl.rs t, Aw orOds IVY am wolung on pbpsltr a 100,000 squ mr Icct oC or lice yi_,ar. J<[)#) (J(10- tln li"e iooi, hmkling 1mc.c. 1lmosi 20 acres is bcul; '1'1 hl);h ri~,(e (rnlplex gain}, r:ii,lrl ,-)al Ole c(n ler ol`Park and I «sulc. for hark and Imblic i_ip a.c o,. • Not I l'r {_unir al 1+,xpress- hlorlh Cc!n[l rl,":II+1r"•. h-iiblc said. ,pace, tv-iy Iron) Nortla'I'on"k< (.`c!lrL'cr I)A.H'I`s dircHor of ecollomic Crews are bilsy demolishing, sbopping, niaall is orlc of 111r, fin-g- d(wclopmelli. alld plaulaing' Jack dw old apartulcWs Lo make wa ; e!i. s.nrh devidslpnu~nl' ill U w l•'4ic.,4(!rlshi, said he isn't sill Iurillc.trehmllillape. Cu1lfKy. p,l-is°cl l:c) see that. local IM s a-rc. "/1.hnsR50IsaTold cuth sihd,,g .And Mv- kuble said iJhkt: pro.- r,O ingbigger'_ c.lc;ra•ud," said P'IvwoLt. hco-ally jlcl "voiil(lo5t lx' lla.pl!i~alilll; Ihe. It s,,jllst Ilse mnillrityalld Llw.- Mr. Dclvilel'. Vvc llt vc knocked lvc:,, ti ~s viihcm4_ the adjoinlili; r"t llityrll+Owularl,(A)"l lnWicr. (towno4'cr-1d111uikiinls, i i. •xeli kiI'lls!a]ly onc' lucre " %fewill slaH.Inovili dirt and Ijraiady come ell) ;ef;cr;il Illor oi'a:lr.l ptlLi..in~, in 111c s;hvet°, and ollicr iirli-CS n ir)als with tt,nautsi And ths'. h-apaet of thcsc pro- nlii~a:,trnr.' urt-lit ~i1a}`. a.lxmi hu t1 • W[.I : to it ~%vill be to jeeps a.rc My Lo `:pnnd 1w.y mcl Thu [irs,t pl las;e of 1' akc,. i l il ll.. Ole hrujc.c l- throug1l i hcir hrnllidar ie,~. tail fi,, 'n, wn (,'cn;'tc'.r is to open 1a.10 11cw , u) llih,, s I)nllas [w-- I parer i~ ~r ripple ellc(c " 11:11', ui xl.v+ ar llr .,,lid. i r " l; i send ;n and people ~a~'l(il .n~ki alil. Mockingbird GV alt hop.du! th of ille. ne't•',' t(isiu' 31lo".v, back illit7 ille ci[,'', rli.orc of .5lahc)]Llvr•. aI A,yll(`.((..5[lut laA.R slalioll will lle tu-Idy by Owni- lit. v,~illilll:, Lo ricks Ilse trim- law idol; M M ;'ell inow hoe 2010 i)- cuQ, 2011 ~ Mn ~Oct- goillgonavollmli('.." wilcr,:aid_ C':aiL l ancv~~ill Ema riL' ilait~C;ll I,:akc 11ighlalyds henna wt w)-s '111c, addition of, Lllc Lr;llst kA dl snow dlatr 3af O resi.denlial who lobhi(~tl Nor PresroU Rc ty stop [o t)Ali'1 s cxitilly, Garlarld uiiiCy nr:is,LJy~hllii ;h risebuild- Crollp's pnajcr:t. on skillwall l,iuc clutllled [11 r_Icv<'lopers to h, bind 70(1,( OD n(Iinrre Nil S "M (a also !'Mwd ii- Lo w pock suck ;7lnirl+ Wpm hn' more of r i 1''I sI) rce and '°1l.Pi,{)00 M ilrflnclnm nn ke ncc ;llbov llllildi gs ArAc ll-panc,cl.. sclr:arc' Ic ci: oI Alice p,at'.c., 'I lw 1.1ood. "Ili ordcr to nlalw Irtlc:vclnp-- 1rakl l1', Iii L kilt j, %vlliell i.;jutit i;:J- The `i'ts ,u'r(! a-kwdopi.r nil is l1wili work io all urban wren, yoil 'ih-?g irl0cv `xay} lr;h' brell. ill- (a;ip('(:i_cd l,7~f,J~L}LSII]11+.'jr8`` X400 have.-' [4) hav[: iaddikollial d(llsi'i ca1~<i~ad~.o250roonis. olillion :md will include nhoiji. llr"'nlscol,ihecotea"rvh'.l)e.vvil-- Ald l'r19":'r wl l';U Llai 4 riiicl: I,(idf) ;i.dunCr ;.100,000 crsaid-. Trash bins in way of Future Study: Downtown has development potential, but obstacles remain 12:00 AM CST on Tuesday, February 2, 2010 By Lowell Brown / Staff Writer Denton Record-Chronicle Downtown Denton has vast potential for development in coming years, but the city will have to overcome obstacles that include unsightly trash bins and a lack of public parking, a city consultant said Monday. City leaders are looking at those issues and more as they mount a final push to implement a 2002 downtown master plan. City staff members are working with a consultant, Jacobs Engineering Group Inc., to finish the study and draft the related codes ahead of an expected council vote in mid-April. The study is focusing on a broad range of topics affecting a roughly 160-acre area bordered by Carroll Boulevard to the west, Parkway and McKinney streets to the north, Bell Avenue to the east and Sycamore Street to the south. Some of the same codes would also apply farther east to Exposition Street, where city leaders hope that a planned downtown bus and rail center at 604 E. Hickory St. will spur transit-oriented development. Rick Leisner, an urban planner with Jacobs in Dallas, briefed Denton City Council members on the effort during a lunchtime meeting Monday. The discussion centered on Jacobs' work since last fall to study the downtown area and recommend new standards for land use, architectural design, bicycle and pedestrian mobility, parking, trash bins, parks and open space, and related issues. Leisner said the downtown area has great potential for development, particularly multistory buildings with a mix of street-level retail shops and housing above them. The current density of the study area is more like what is typically seen in suburbs, rather than a downtown core, he said. "From an economic development standpoint, we have significant opportunity there" with vertical building, Leisner said. The engineering firm is developing design guidelines that factor in the eclectic nature of downtown architecture while focusing on quality, Leisner said. Do entan The guidelines would apply to new construction and "significant" exterior remodeling of existing buildings, he said. Downtown shoppers and business owners have long complained of a lack of parking. While the Jacobs study showed more than 4,300 parking spaces in the study area, only about 280 were in public lots. Another 780 public parking spaces were counted along roadways. Officials with the city and Wells Fargo shelved plans for a residential-retail parking garage project in late 2008, saying the economy wouldn't support it. Leisner suggested a "shared parking concept" where existing parking lots would accommodate public and private uses. Council members informally agreed Monday to strike an existing city code provision that allows developers to build in the central business district without adding new parking spaces. The move still needs formal approval from the council and Planning and Zoning Commission, a process expected to take several weeks. Officials described the move as a stopgap measure to ensure that developers don't rush to file applications for projects that would conflict with the proposed new parking codes. In the meantime, developers would have to meet the city's general parking standards or secure a variance. Council members also discussed ways to reduce the number of visible Dumpsters downtown. Options include screening the nearly 90 trash bins or creating more-centralized collection areas. Council member Joe Mulroy criticized the city's makeover of Cedar Street, just west of the Square, for allowing roadside Dumpsters to remain unscreened. The $1.7 million project, finished in 2008 and partly funded by a federal grant, replaced underground utility lines and added wider sidewalks, lantern-style streetlights and bike racks along the street. "Our first step was a misstep," Mulroy said. "We spent a large amount of money redoing that [street] trying to take our baby steps for the downtown plan and we did not address the Dumpsters per the downtown master plan." Denton parks official Bob Tickner, who managed the Cedar Street project for the city, said in an interview that officials discussed several options for screening or centralizing Dumpsters during the makeover. They ultimately dropped the issue over concerns the screens would be too expensive and take away parking spaces, he said. Merchants also couldn't agree on how to combine the trash bins, he said. "It's more than just a Cedar Street problem," Tickner said. "It involves all the streets, all the Dumpsters downtown." The council approved a $224,995 contract with Jacobs in September to perform the study, formally known as a downtown implementation plan. The study included interviews with about 90 downtown property and business owners, city officials and interest- group representatives; a Web-based public opinion survey; and a public meeting Dec. 14 at Central Fire Station. A second public meeting is planned for late this month or early March, Leisner said. In the one-on-one interviews, stakeholders identified parking, infrastructure and outdated building codes as the major issues facing downtown. They also wanted more shopping, entertainment and housing options, and screens for roadside Dumpsters. Results from the online survey were expected in January, but Leisner said Monday they were still being tallied. Council member Charlye Heggins questioned whether the city and consultant had done enough to publicize the December meeting, saying photos of the event showed few minorities participating. "It was not filtered through the community, period," she said. Brian Lockley, an official with the Denton planning department, said the city advertised the event multiple ways, including through local chambers of commerce and neighborhood groups. More information on the downtown plans is available at the city's Web site at www.cityofdenton.com/dtip. LOWELL BROWN can be reached at 940-566-6882. His e-mail address is Imbrown@dentonrc.com. Do enton Denton Record Chronicle n, ,r_tltar~tr fcrr t8rr c t< rc, t alxrrixt t~,o arlcl-~-11~t1{' hr11u•ti 171~,entarly drir.:fi:' City 1•i it~rrn11C11d tions for ncv,, downtcri,'r1 codes and gaily mart; feedback on the pa l Center. Tb.c xis at Else Denton C'riilc 1]feFt.ii1 tii:1.ti the latest stet in the city's 0 ))going pusli to implemem a 20,01 i downtown master plan this yeat I 1"lre meeting oTrrcd miotlier charrc kp f or the public to 1nllumce the area's tutnrebefore cousultin; fir ii Jacobs releasesitsfinalrecommerrd.a om ir, late: April or early AI ;.v Any new cod e Wi oxald f ace public, hear, ings and ~ntc.s lxc `r+r~~ the. t'1•:t1lii,n; ar,d ~ Toning Commission z nd City CmIncit, :1:11d sonic envisioned in1pv n x tcmis such CO ~ , 'S3v . o", a morf_ trees nid Mdcr,s d,_„'ilks would likely Csir€tt. 03-1 lnrhliC l'rr lclirrg` ti,nncis that 1m e:n't been ideni icd. Still, dn, xti -wn r poi;ed to ilourisll N~Ith thu coni 1le.tion of tho, plax, and the aui al of'a commute, rai1 statim, as cart} as rI XL year, said Rick Leisner;. pf,mriri !"iiret for for Jacobs. c; Clca.rly, dowIlLt+,vn I?entr,n's acne is P4~wic meeting iatest ,.a M. PoZ "hesaid• In implementing I#1c1s'le. Jacobs has %votkerl sine c last lall to study Ow dr+vvr4tr3wi a.r'ca and lt;[i)IEL- plan or downtown area mend me standards I'm, land use an-hi- tertur•al desiglr, bicycle and pcclestrian By Lowell Brown Staff Write mobility, P trldlig! trash lairs, 1x111,. rued -ton ~Iijr tct i i e.d lc 1, n open space, and related. issues. The Studt }yea, 1ntlride5 srnihly :1.6(3 31c,nion ,~-rih ire lrrle,l Lrccts, ~vruer sidewalk bicycle Bytes Arid ileN rec.ail acres bordered I, t a.rmll Boulevard to mid housing cievelnpmesii. was laid out at the West 'Park xa} and Iv , kiuney sta'cets apiililic nleetiiig 1>uzsEl.ay night, to the north, bell Ati omie to the`east -aixd Sycamore Sivet to the south: Some:of the same codes wo uld 'Rpply;:fartlxer.east to Bxpositioll Street io im-ludc" t.110 site of eeDOWNTOWN on't!A . Denton Reeord-Chroniele U, ti v ,,I A tow a 131;~nreCi r1m,'1,i.in' n hti and F," ti .4{ t3 ! lives dmviitoN ii, said she liked bail ut,tcr, ;irralay afthe consultarits'. ideas. Kee Eat,€ rict;dat funs floated The shaded area shows 'e pru e ;t lx,ir daiir. of the (AV of Dewon's downtown in pleriientatiw, pl stt;dy designed to help imn[e^]en a But shes not. convinced a Tiiui,sd y inelurlt : ' 2402 dawntown'master plvn. doNw town renaissance is in "k,ppi-o inn more-flexible store deVllill,l]itl'i codes T ParRway ny don't r"lEllt[: llllderdtand ~clrli i; bicycle plates can " zvhathas happeritedattbistime Syci3]]f1Eti' Sk c. and shared ' n 5f that the town 15 flow going to lase: t0I c.,el,st:s and vehicles r.Kin er ~ he able to bring businesses on E~ 1ii anc[ poetics streets ' Usk v m do~vnto~vn, uhcm vreve. been t l t.ttlij+itlt litallt l)rin,p - y, j st.rugglini t,itti5t the LOOP stcr. eit-hcl f3~ hating prop- Hickory 1.255 for decades'" she staid, erty o,,Nners share them or by DentonbankerMartt- Rivers, offering (laily eollec.tiorl of Alas " chairma-ii of the Demo]) l.co- tic trash bags ~ fiycanlon Syeannor, ~ noi]lic Development Partner- 3ttirant ing street's slick as ~ ship] hoard, said ti: nemv down- Aiakory and Oak, and addini, toi nl de-velopment cc)de v.,ould am "Jed or paralld pit blg s€ .n r;rapiii, be, a major step f6r~vard. ;spaces to rcdue.e the speed of "One of the biggest probleir]s ,traffic a{lt}ar{ and Seven stories ;tear Street,. Hickorti would be a developers - have iri trying to 1 Limiting the requirements the, . i ltnsit i c.rtte.:r. more direct ritate behve en the, either rebuild or build :some- jfor nev,, jparkitig spaces by Kati Trice, a representative of University of North Texas and thing ne-%vr do> %Frit.oi>vn is we ' ,encoura~P,ng the :shared use; rli' the like l7enton i nup, saic[ the plaided downto~sm tralis t dr_in't haw any codes in place act existing lots sh{~ liked somcelemenis of.•the center east of the Sgaiare, she deal ~vjthtli t.." he said. `All the Attendees genea'ally agreed plait,' including i requirement said; codes aie'desigiied for g-re.0n- onthebroad ideas behind most that. dovelopinents provide llwl Meltoti of P,Lmn7aan- field development, ai]d they Iof the prgosals, according to some pai king spaces for hie}- Ivielton Associ ttrs, whieh is don't fit downtoLvn." An inforinalsuiveytakerr'tittr- des along v'rith vehicles. But v:orltiilg Ki th Jacobs ota the iiig the nweeting. They offered she ~ as disappointf',d that the plans Said ;Sycamore m,as oho- I,t)El%rL:~ .p.RUl1.1'i ~:n be mixed feedback on other-pro- wiajor east-west bicyele lanfss srn because it has less vehicle reached, at 040-566-68,52ffis, posals, such as limiting build- were proposed for Sycamore trallic r: ~i~cf?'{ ac{clr~ s is lmhr•mjy n(rr. ings to font stories near the Street, rather than Mokory Jacqueline Roertseb, Zvliu dWoat,(-fo t. Do entan Park'ing cod e". finds spot on agen d-a Council et to vote on IF YOU GO change to provision for What: Denton City Counrii mFeting w central business district hen s so 15 E. y Where CityHall, 2 215 ~ McKinney St Details The ,gentt r ind[jdes a public hearing and po slbli vote on a plan to repeal part By Lowell Brown of a cry code 0181 allo.is de.elopmont in the cent~al hush e;, (hstncY Withojttlee addition Staff Mr ter of nev p rr;tinspaces. The prnpnsed oalinance and other agenda uiform,tion is a~eilahle 7Dentorn city k ,rdcrs arc- considering for do~,nload at „ ,ti cityotdentnn.born, undr.i the, Ape Ja ~ Minutes" link on 'to nraln ~ code changes that would force many page, developcxs to sum t _pro,,iding park itlg _ i azcn they build cr redevelop down- i:o~n n. The provssiou, meant to spur dcvcaop oilers don't rush to file applications for Tic Cit.4~ Council is e~ arc-ted to s-ot,e intent; )iris cotitrihuted to a sacs: of off- proiects before the spun,-, when th.e Tuosdapon whether to slrike an c sistiug stt•eet parkins, in flee area, city planners council is er-pec tell to consider a wide.- ortr,, mdc ptotdsion that alloys dr velopre s to aay -,pre td rc 'ie, o1 d YT11 O W11 'build m tlrc ctrttrt+i betii.iesti disaict 'I"1replaunevsdesetihethemove asa Crrt.c, -mrlmliogpro=rnrreo.fit o,:tr- rithout of}er13e nrv✓ parking spaces. tsnnporae solution to make- sure level- lw ubusitxv, nnrrsandds.velr,lurs s eti he: ca it iunp~ng ilrc gun V it.h the _ } 451,.., nev, earl r r+, r r'lrtit c meat. a.nrl pushing a i ~a ~ t; chau c ti, ~ o rrl stifle development, 'Those ennccnfs helped lead the cit' s From Page 1AA Planning and Zotnng Commrssernr to 1 recommend deu.ittl of the char c 1>j > rr 5- Parking rSS I , to I vote, last week-, The cliango now nPl ds ~ I supermstorrt}; or 4ir vote flon1 the kliKinn6D~ is expected tie include recom-- sewn-MLMAI)rrr Cats Couueil, to pass, Oak - inendationsfor parking, atchi- Tile actnvetyisptrtnfthecityseh-iveto rfi^Itor, tectural design, land rise; Nev put. a 2002 dfnvritown master plan into clel.anes,parksandopenspace, practice. Citvstaffmenlbersarev,z>rkue, - among other thinns. with a consultant, Jacobs ),ng in(-cling - Iii the eneaertinie; city plan- Group 111C, to ii nidl the 111 alt nc~ad of u, hers want to take art a}~ the an esl)ectr ci crrimrli ol~ in Ateeil esenrp tion that gives dorm- £agre The drnrnioivn aenl7lamenialron plats. i ~rr to tim developers a bass oil parking rec}uirements. If the See PARhlldG uii ,r c]aange is atpprovcd, new core strnc[iom and sottao redevelop- Merit pruicots in the arr.av;,),-ld have to meet the eitys general parkin; stand~erds or secure a vari~uticc~: c~ntcril~~thl'1'c:c.t vs 7ri~.bibu~rr.{,_ llerironra,r~,rtr. ~i~ AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7, 2010, and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. (Required only if tax rate is proposed to exceed the effective tax rate.) BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth-in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes any growth due to new property values. The City of Denton's 2010 effective rate is $0.689758/$100 valuation. The rollback rate is a calculated maximum tax rate amount prior to voter approval. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount to revenue it spent in the previous year for maintenance and operations expenses, plus an extra eight percent. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the tax increase. The City of Denton's 2010 rollback rate is $0.730680/$100 valuation. In compliance with state law, staff published the effective and rollback rate calculation in the Sunday, August 8th issue of the Denton Record Chronicle. Agenda Information Sheet August 17, 2010 Page 2 The City Manager's FY 2010-11 Proposed Budget recommended a tax rate of $0.6890 per $100 of valuation, and at the August 5th Budget Workshop, the City Council discussed the possibility of increasing the proposed tax rate to the effective rate of $0.689758/$100 valuation. If the City Council considers adopting a tax rate that is higher than the recommended effective rate, state law would require the governing body to vote to place a proposal to adopt the rate on an agenda. In addition, state law requires that two public hearings be held on the proposed tax increase, with the second hearing occurring three to 14 days after the first. Publication of quarter-page notices ("Notice of Public Hearing on Tax Increase") informing the public of the hearings and the publication of a quarter-page notice ("Notice of Tax Revenue Increase") prior to the adoption of the tax rate are also required. The "Notice of Tax Revenue Increase" states the percentage by which the proposed tax rate exceeds the lower of the rollback or effective tax rate, the dates of the two public hearings, and the date, time and location, including mailing address, where the governing body is scheduled to vote on the tax rate and the revenue comparisons. Besides publication in the Denton Record Chronicle, this notice would appear on the City of Denton's Web site, http //www.cityofdenton.com and air on the public access channel. In addition to the state requirements for the truth in taxation legislation, the City Charter and Chapter 102 of the Texas Local Government Code require the City Council to set a public hearing on the FY 2010-11 Annual Program of Services. In compliance with the Charter and Chapter 102, we are also required to publish a notice of the public hearing in the Denton Record Chronicle not earlier than the 30th day or later than the 10th day before the date of the public hearing. The attached "Notice of Public Hearing on Budget" would need to be published in the Denton Record Chronicle. It would also need to be posted on the City of Denton's Web site, http //www.citvofdenton.com and air on the public access channel. The attached Notice of Public Hearing on the Tax Increase and Notice of Tax Revenue Increase have not been completed since staff has not yet been directed by Council to increase the proposed tax rate above the effective tax rate. These notices and this item have been included on the Council Agenda in the event that Council directs staff to propose a tax rate greater than the effective rate. If the Council does not direct staff to increase the proposed tax rate, this item will not be necessary. Further, if the Council does not provide notice to increase the tax rate at the August 17th meeting, the truth in taxation guidelines will prevent the Council from increasing it at a subsequent meeting prior to the budget being adopted on September 21st ESTIMATED SCHEDULE August 17, 2010 Vote to Place Proposal on Future Agenda if the City Council Adopts a Tax Rate that Exceeds the Effective or Rollback Tax Rate September 7, 2010 Hold Public Hearing on the Budget September 7, 2010 Hold First Public Hearing on Tax Rate (If Necessary) September 14, 2010 Hold Second Public Hearing on Tax Rate (If Necessary) September 21, 2010 Adopt Tax Rate Agenda Information Sheet August 17, 2010 Page 3 PRIOR ACTION/REVIEW On Thursday, August 5, 2010, the City Council was provided information regarding the proposed FY 2010-11 Proposed Budget, including the proposed tax rate. FISCAL INFORMATION The proposed tax rate is included in the FY 2010-11 Proposed Budget. EXHIBITS Resolution Notice of Public Hearing on Tax Increase Notice of Tax Revenue Increase Notice of Public Hearing on Budget Respectfully Submitted By: Bryan Langley Director of Finance S:\Legal\Our Documents\Resolutions\10\Budget Tax Rate Public Hearing.doc I i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 21, 2010 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2010 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 7, 2010 AND SEPTEMBER 14, 2010 AND CALLING A BUDGET PUBLIC HEARING ON THE FISCAL YEAR 2010-2011 ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO BE HELD ON SEPTEMBER 7, 2010; REQUIRING PUBLICATION OF A NOTICE OF THE PUBLIC HEARINGS IN ACCORDANCE WITH THE LAW; REQUIRING THE POSTING OF THE NOTICE OF THE PUBLIC HEARINGS ON A TAX INCREASE ON THE CITY'S INTERNET WEBSITE; REQUIRING THE POSTING OF THE NOTICE ON THE CITY'S PUBLIC ACCESS CHANNEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to adopt the Fiscal Year 2010-11 Annual Program of Services (Budget) for the City of Denton, Texas; and WHEREAS, in order to adopt the Budget, the City Council must first hold a public hearing on the Budget and provide notice of same in accordance with Article VIII "Budget" of the City Charter and other applicable law; and WHEREAS, the City Council desires to consider adopting a tax rate of $ per $100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter 26 (Tax Code) and to schedule two public hearings on the proposed tax increase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated b reference into the body of this Resolution as if fully Y set forth herein. SECTION 2. The City Council desires to consider adopting a tax rate for the 2010 tax year of $ per $100 per valuation that will exceed the lower of the. rollback rate or the effective tax rate. SECTION 3. The City Council hereby approves the placement of an item on the September 21, 2010 City Council public meeting agenda to vote on a proposed tax rate of $ per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. SECTION 4. The City Council hereby calls two public hearings on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on September 7, 2010 and September 14, 2010 at 6:30 p.m. The public hearings will not be held until at least seven days after notice of the public hearings have been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on Tax Increase, which is made a S:\Legal\Our Documents\Resolutions\10\13udget Tax Rate Public Hearing.doc part of this Resolution for all purposes. The City Manager, or his designee, is hereby directed to publish said notice in accordance with this Resolution and in accordance with Tax Code §26.06. The City Manager or his designee is directed to post the attached Notice of Public Hearing on Tax Increase on the City's Internet website and shall request that the City's public access television channel carry a 60-second notice of the public hearing at the times and for the periods and in accordance with the requirements of Chapter 26 of the Tax Code and other applicable law. At the public hearings, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. SECTION 5. The City Council hereby calls a public hearing on the proposed Budget to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on September 7, 2010 at 6:30 p.m. The public hearing will not be held until notice of the public hearing has been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on the Budget, which is made a part of this Resolution for all purposes. This notice shall be published not earlier than the 30th or later than the l Otb day before the date of the public hearing. The City Manager, or his designee, is hereby directed to publish said notice and to provide such other public notice as may be required in accordance with this Resolution and in accordance with Article VIII of the City Charter, Chapter 102 of the Texas Local Government Code and all other applicable law. SECTION 6. This Resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 17th day of August, 2010, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is hereby directed to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 21, 2010 City Council agenda. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r BY: Page 2 A S:\Legal\Our Documents\Resolutions\10\13udget Tax Rate Public Hearing.doc Council Member Voted For Voted A ainst Mark A. Burroughs, Mayor Charlye Heggins Dalton Gregory Jim Engelbrecht Chris Watts Pete Kamp, Mayor Pro Tem James King i Page 3 50-197 oSaM (Rev. 08-09/13) Notice of Public Hearing on Tax Increase The (name of taxing unit) will hold two public hearings on a proposal to increasetotal tax revenues from properties on the tax roll in the preceding tax year by percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on (date and time) at (meeting place) The second public hearing will be held on (date and time) at (meeting place) The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: AGAINST: PRESENT and not voting: ABSENT: The average taxable value of a residence homestead in last year was $ (aver- age taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence home- stead exemptions available only to disabled persons or persons 65 years of age or older). Based on last year's tax rate of $ (preceding year's adopted tax rate) per $100 of taxable value, the amount of taxes imposed last year on the average home was $ (tax on average taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). The average taxable value of a residence homestead in this year is $ (aver- age taxable value of a residence homestead in the taxing unit forthe current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). If the governing body adopts the effective tax rate for this year of $ per $100 of taxable value, the amount of taxes imposed this year on the average home would be $ (tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). If the governing body adopts the proposed tax rate of $ per $100 of taxable value, the amount of taxes imposed this year on the average home would be $ (tax on the average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). Members of the public are encouraged to attend the hearings and express their views. Special Provisions if Applicable Criminal Justice Mandate (use for counties, if applicable): The County Auditor certifies that County has spent $ in the previous 12 months beginning for the maintenance and operations cost of keeping inmates sentenced to the Texas Department of Criminal Justice. County Sheriff has provided information on these costs, minus the state revenues received for reimbursement of such costs. Enhanced Indigent Health Care Expenditures (use if applicable): The spent$ from to on enhanced indigent health care at the increased minimum eligibility standards, less the amount of state assistance. Forthe current tax year, the amount of increase above last year's enhanced indigent health care expenditures is Notice of Tax Revenue Increase The conducted public hearings on and on a proposal to increase the total tax revenues of the from properties on the tax roll in the preceding year by percent . The total tax revenue raised last year at last year's tax rate of for each $100 of taxable value was The total tax revenue proposed to be raised this year at the proposed tax rate of for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by the difference between current total value and new property value.) The total tax revenue proposed to be raised this year at the proposed tax rate of for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by current total value.) The is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on at (location of meeting, including mailing address) (time of meeting) NOTICE OF PUBLIC HEARING ON BUDGET The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal Year 2010-11 Annual Program of Services (Budget), on Tuesday, September 7, 2010 at 6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving community input on the Budget. THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $795,958, or 1.89%, AND OF THAT AMOUNT $934,837 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. All interested citizens are encouraged to attend and express their views. This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Economic Development CM: George A. Campbell, City Manager SUBJECT Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately 3/4 mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND SFT Industrial, Ltd. (Granite Properties) requested that the City of Denton consider the termination of the Chapter 380 Economic Development Program Grant Agreement in order to facilitate the sale of a portion of the Granite Point Business Park property to Grand Mesa, LLC. Granite Properties is also requesting that the City Council consider entering into a Chapter 380 Economic Development Program Grant Agreement with Grand Mesa, LLC that will provide Grand Mesa with the incentives currently being enjoyed by Granite. The City Council will consider a Grant Agreement for Grand Mesa, LLC at the August 17, 2010 meeting as well. ESTIMATED SCHEDULE OF PROJECT If the Granite Properties termination agreement and Grant Agreement for Grand Mesa are approved, Grand Mesa will confirm their decision to purchase, improve/renovate the property for their client. Grand Mesa estimates the location of their client could be completed by March 2011. PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed Granite's request for termination at their August 3, 2010 meeting and recommended approval (6-0). The City Council was briefed on the request at their August 10, 2010 meeting. FISCAL INFORMATION With termination of this agreement, Granite will no longer receive grant payments equal to 50% of the property tax paid on their building improvements and tenant business -1- personal property. The incentive has been active for three years, resulting in an average annual grant payment of $27,237. EXHIBITS Ordinance Original Grant Agreement with Amendments Request from Granite Requesting Termination Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- IlcodadldepartmentsllegaAour documentAordinancesAftranite 3$0 agreement termination, doc ORDINANCE NO. AN ORDINANCE TERMINATING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; TERMINATING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT INDUSTRIAL, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY 94 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF I-35W APPROXIMATELY 314 MILE SOUTH OF AIRPORT ROAD WITHIN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56 AND THE THOMAS DAUGHERTY SURVEY, ABSTRACT NO. 357 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, on March 1, 2005, the City and SFT Industrial, Ltd. ("Granite") enterend into an Economic Development Program Grant Agreement ("Agreement") authorized by Ordinance No. 2005-084; and WHEREAS, on August 1, 2006, and Amendment to the Agreement was approved; and WHEREAS, on February 20, 2007, a Second Amendment to the Agreement was approved; and WHEREAS, Granite requests the termination of the Economic Development Program Grant Agreement, a copy of which is attached hereto and made a part hereof by reference, in order to sell a portion of the property to John Plott Company for the purpose of locating a Fortune 500 tenant on the site; and WHEREAS, the City Council of the City of Denton hereby finds that a termination of the Agreement between the City and Granit serves a municipal and public purpose and is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute any and all documents relating to the termination of the Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights concerning the termination of the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 „ S~Ow DomnfraMlfhd-=uW54rmi4¢386Agr rcmv.dm ORDINANCE NO. Q~ AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 3 80 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT INDUSTRIAL, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY 94 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF I-35W APPROXIMATELY 3/4 MILE SOUTH OF AIRPORT ROAD WITHIN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56 AND THE THOMAS DAUGHERTY SURVEY, ABSTRACT NO. 357 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, SFT Industrial, Ltd. ("SFT") has made a request of the City of Denton to establish an economic development program under Chapter 380 of the Texas Local Government ("Chapter 380") to stimulate the development of commercial property within the City of Denton; and WHEREAS, the City Council by this ordinance is establishing an economic development program under Chapter 380 which will stimulate business activity in the City and promote the public interest (the "Program"); WHEREAS, to effectuate the Program the City and Windjammer have negotiated an Economic Development Grant Agreement (the "Agreement"), a copy of which is attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Program and Agreement promote economic development and will stimulate commercial activity within the City of Denton for the benefit of the public; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights under the Agreement, including without limitation the authorization to make the expenditures set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of -,2005.. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY N )rl' BY: APPROV AS T LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY: Page 2 ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT INDUSTRIAL, LTD. i This Economic Development Program Grant Agreement ("Agreement") is made and entered into as of the effective date provided for below, by and between SFT INDUSTRL4L, LTD. ("Granite") a Texas Limited Partnership, and the CITY OF DENTON (the "City"), a Texas municipal corporation, for the purposes and considerations stated below: WHEREAS, this Agreement is authorized by and made pursuant to the economic development program provisions of Chapter 384 of the Texas Local Government Code (the "Act") to promote local economic development and to stimulate business and commercial activity in the City of Denton; and WHEREAS, Granite is contemplating the development of a private development of a business park consisting of office/light warehouse/distribution structures (the "Project") on that certain real property located within the city limits of the City as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, Granite has requested that the City grant certain economic incentives to Granite pursuant to the Act as an inducement to develop the Project on the Property and Granite represents that it would not develop the Project unless it receives the economic development incentives provided for in this Agreement; and WHEREAS, the City Council finds that the contemplated use and development of the Project on the Property in accordance with the other terms and conditions of this Agreement will promote economic development and will stimulate development activity within the City of Denton for the benefit of the public; NOW, THEREFORE, the City and Granite for and in consideration of the premises and the promises contained herein do hereby contract, covenant and agree as follows: I. • GENERAL CONDITIONS TO GRANT A. Granite covenants and agrees with the City that the City's obligations under this Agreement are subject to the fulfillment of the Grantee's obligations under this Agreement and Granite hereby agrees to perform and comply in all material respects to the terms, conditions, and provisions of this Agreement -and in all other instruments and agreements between Granite and the City with respect to the financial or other incentives provided herein. 1 C Tomm=13 and Se IdeunningbemlLoeol 9etlm0Tempm "Lose =I 1vft0IKAGmniu 380 Age=ml Utenita34-05.&C I B. Notwithstanding anything contained in this Agreement to the contrary, no grant or payment will be made to Granite under this Agreement unless and until Granite has completed private improvements to the Property no later than December 31, 2005 consisting of at least 250,000 square feet of space in Phase I that has an assessed value equal to or greater than $5,000,000 (the "Minimum Improvements"). In addition, all grant payments will cease and Granite shall refund all grant payments previously made, should there not be private improvements completed on the Property consisting of at least a total of 500,000 square feet of space, inclusive of Phase I, that will have an assessed value equal to or exceeding $10,000,000 within seven years after .the Effective Date of this Agreement (the "Seven Year Minimum Improvements"). Private improvements to the Property do not include assessed value of the land and tangible personal property and inventory. C. The Project will consist of high quality buildings substantially consistent with the type of buildings depicted in Exhibit "B" attached hereto and made a part hereof by reference ("Construction Standards'). D. The Property is not in an improvement project financed by tax increment bonds. E. Neither the Property nor any of the improvements to the Property are owned or leased by any member of the City Council, any member of the City Planning and Zoning Commission of the City, F. This Agreement is subject to rights of holders of outstanding bonds of the City, if any. G. In the event of any conflict between the City zoning ordinances, or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control, provided however the City shall not diminish the benefits to Granite under this Agreement through ordinances or regulations. H. Granite may elect to terminate this Agreement at any time prior to the issuance of a building permit for the Minimum Improvements, so long as the City has not entered into a contract to construct Metro Street as provided for in V.O., by giving City written notice of termination. In such case this Agreement will be null and void and of no further force and effect. II. TERMS AND CONDITIONS OF GRANT A. Subject to the terms and conditions of this Agreement, the City hereby agrees to pay to Granite annually for a. period of ten years after January I following the first tax assessment after receipt by Granite of a certificate of occupancy for the Minimum Improvements, an amount equal to 50% of the difference (exclusive of the taxable value of land or any increase in taxable value attributable to land or taxable value of tangible personal property and inventory) between the City real property ad valorem 2 Giooc==U md9vWn ghmsU. W Set ht0T=Va=y Inters Fs AOLIC41C ndte 390 Apumcnt Omnito-1-05.dae taxes for the Property as of the Effective Date of this Agreement and the date of each annual assessment for the Property (the "Annual Payments"). The Annual. Payments shall be paid within 90 days after the City's receipt of all ad valorem taxes for the Property for the applicable tax year. The assessed value shall be established using the Denton County Appraisal District appraisal process. Granite intends to construct additional improvements beyond the Phase I Minimum Improvements in subsequent phases. Should Granite construct additional phases beyond Phase I the ten year time period for Annual Payments for each subsequent phase will commence after January 1 following the first tax assessment after receipt by Granite of a certificate of occupancy for each phase. However, in no event will the total Annual Payments extend beyond seventeen years after the first Annual Payment. B. In addition, subject to the terms and conditions of this Agreement, the City hereby agrees to pay to Granite annually for a period of ten years after January 1 following the first tax assessment after receipt by Granite of a certificate of occupancy for the Minimum Improvements, an amount equal to all development fees collected by the City for the development of the Property (the "Development Fee Payments"). However, the Development Fee Payments for any given year shall be limited to 50% of the amount of City ad valorem taxes from tangible personal property and inventory generated from the Property for the tax year applicable to the Development Fee Payment ("Personal Property Tax Revenue"). If the amount of Personal Property Tax Revenue is insufficient to cover the annual Development Fee Payment, such excess will be carried over to subsequent years until the full amount is, paid, subject to the subsequent Personal Property Tax Revenue being sufficient to cover such amounts. The term development fees means all fees collected by the City to authorize the construction of the private improvements on the Property and public improvements required by the City, including platting fees, application review and inspection fees, building permit and inspection fees, and impact fees. The Development Fee Payments shall be paid within 90 days after the City's receipt of all ad valorem taxes for the Property for the applicable tax year, In addition, the City's obligation to make any Development Fee Payment is subject to Granite delivering to the City all receipts evidencing the amount of development fees paid to the City for the Property. Such evidence shall be delivered to the City no later than 60 days prior to when the Development Fee Payment is due. Should Granite construct additional phases beyond Phase I the ten year time period for Development Fee Payments for each subsequent phase will commence after January 1 following the first tax assessment after receipt by Granite of a certificate of occupancy for each phase. However, in no event will the total Development Fee Payments extend beyond seventeen years after the first Development Fee Payment. C. The City's obligation to pay the payments provided in this Agreement is subject to the fulfillment of the General Conditions set forth in Article I above. 3 COm meats sad 3ettiogs5 6amV acal SetSi ITempmuylaftrad FiksloMrradte 380 Ageoawao=aw3-1-05.doe III. RECORDS, AUDITS, AND EVALUATION OF PROJECT During normal office hours throughout the term of this Agreement, after providing reasonable notice to Granite, the City shall have access, on a reasonable number of occasions, to the private improvements constructed on the Property (the "Improvements") by City employees, consultants and authorized agents for the purpose of inspecting the Improvements to ensure that the Improvements are made in accordance with the specifications and conditions of this Agreement and to verify that the conditions of this Agreement are being complied with, provided that such inspection shall not unreasonably interfere with Granite's normal business operations. IV. DEFAULT A. Each of the following shall constitute an Event of Default under this Agreement: 1. Failure of Granite to continuously maintain and operate the Improvements on the Property for the term hereof and Granite does not cure such failure within thirty (30) days after written notice from the City describing such failure, or if such failure cammot be cured within such 30-day period in the exercise of all due diligence, then if Granite fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure, 2. Any warranty, representation or statement made or furnished to the City by or on behalf of Granite under this Agreement that is false or misleading in any material respect, either now or at the time made or furnished, and Granite fails to cure same within thirty (30) days after written notice from the City describing the violation, or if such violation cannot be cured within such 30-day period in the exercise of all due diligence, then if Granite fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such violation, or if Granite learns that any such warranty, representation or statement has become false or misleading at the time that it was made, and Granite fails to provide written notice to the City of the false and misleading nature of such warranty, representation or statement within ten (10) days after confirmed written notice to Granite. 3. The dissolution or termination of Granite's existence as a going business, Granite's insolvency, appointment of receiver for any part of the Property, any assignment of all or substantially all of the assets of Granite for the benefit of creditors of Granite, any type of creditor workout for Granite, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Granite unless, in the case of involuntary proceedings, such proceedings are discharged within sixty (60) days after filing. 4 { Ovaumenu and Sea6apxdcumk*A=uAmd Set inoTaapomry Intemet Fiies10LK41C=dte380A8teement [ MAO-3-I-85AbC 4. Granite's failure to fulfill the General Conditions to Grant set forth in Article I herein. 5. Granite allowing its property taxes owned to the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such taxes and to cure such failure within thirty (30) days after written notice thereof from the City and or Denton Central Appraisal District. 6. Failure of Granite to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any documents generated or otherwise created attendant to this Agreement or in any way related to this Agreement C Related Documents"), or failure of Granite to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between the City and Granite, and Granite fails to cure such failure within thirty (30) days after written notice from the City describing such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if Granite fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure. B. If any Event of Default shall occur, all commitments of the City under this Agreement, including without limitation, payment of the Annual Payments and Development Fee Payments, immediately will terminate upon the occurrence of an Event of Default and after Granite fails to cure same in accordance herewith. All amounts already paid by the City to Granite under this Agreement, including the Annual Payments and Development Fee Payments, including interest at the rate of six percent per annum, shall be due and owing to the City, subject to any and all lawful offsets, settlements, deductions or credits to which Granite may be entitled, aad shall constitute an enforceable lien upon the Property. V. GENERAL PROVISIONS A. All improvements to the Property shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Property. This Agreement does not constitute a waiver by the City of any development ordinances or conditions. Further, Granite acknowledges that by executing this Agreement, no entitlement or agreements concerning zoning or land use shall arise, either implied or otherwise. B. Granite shall complete construction of all improvements to the Property within the timeframes provided for in this Agreement. Notwithstanding the foregoing, Granite shall have such additional time to complete the Private Development as may be required in the event of "force majeure" if Granite is diligently and faithfully pursuing completion of the improvements. For this purpose, "force majeure" shall mean any 5 000c=eats =dBc tinvWcuonmghamtaW SemaMXTampPmyh 0emet FJ1e310I.K45 kW1e 380 Aimemem Omit@~3•145.dnc i contingency or cause beyond the reasonable control of Granite including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, and action of the elements, including without limitation, inappropriate temperature conditions, rainfall or other interfering precipitation or weather. . C. Granite shall indemnify, save and hold harmless the City, its elected officials, officers, agents, attorneys and employees (collectively, the "Indemnitees") from and against: (i) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action, arising from Grantee's performance of its obligations hereunder, in which the City is a disinterested party; (ii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of the City or Granite to enter into this Agreement; and (iii) any and all liabilities, losses, costs or expenses (including attorney's fees and disbursements) that any Indemnitees suffer or incurs as a result of any of the foregoing; provided, however, that Granite shall have no obligation under this Paragraph to the City with respect to any of the foregoing arising out of the gross negligence or willful misconduct of the City or the breach by the City of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Granite, but the failure to so promptly notify Owner shall not affect Granite's obligations under this Paragraph unless such failure materially prejudices Granite's right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Granite in writing, so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Granite to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action or cause of action or proceeding for which Granite may be liable for payment of indemnity hereunder shall give Granite written notice of the terms of such proposed settlement or compromise reasonably in advance of settling or compromising such claim or proceeding and shall obtain Granite's concurrence thereto. D. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all Obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas. F. The signatories hereto shall be subject to all ordinances of the City, whether now existing or in the future arising. This Agreement shall confer no vested b 00omwiftandSatlngsl ng6eml[aeal5et4agalT~po yhft=Fi1wN0LK4Y0nnk*380Agmcam*Gmahc-3-1-05.doe rights, as defined and referenced in Chapter 245 of the Texas Local Government Code, as amended, on the Property or Granite. G. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto, including their respective successors and assigns and upon all future owners of the Property. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. Granite warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Granite to same. H. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 1. This Agreement shall be filed in the Real Property Records of Denton .County, Texas. The provisions of this Agreement shall be deemed to run with the land and shall be binding on heirs, successors and assigns of Granite and all future owners of the Property. Upon any sale or other transfer of ownership rights in the Property, Granite shall notify the City in writing of such sale or transfer within forty-five (45) days of such sale or transfer. Such provision.is a material term of this Agreement. I All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when, deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Notices may be given via facsimile at the numbers below. Any party may change its address or fax no. for notices under this Agreement by giving written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, each party agrees to keep the other informed at all times of its current address and fax no. i To City: City Manager City of Denton City Hall 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.5596 7 C:U)MMaps nd SeuiagaldwndnghamlLoui SdtmWs T=JmWy lld=at FAOAOLXVIrWte 380 Agxmmt CwmiW3-1-05*c To Granite: Director, Development/Construction SFT Industrial, Ltd. C/O Granite Properties, Inc. 5800 Granite Parkway Suite 750 Plano, TX 75024 K. Time is of the essence in the performance of this Agreement. L. Granite represents that this Agreement is entered into by Granite pursuant to authority granted by its Board of Directors to its Managing Director. A copy of a corporate resolution of Granite authorizing this Agreement is attached hereto and made a part hereof as Exhibit C. M. This ,greement is authorized by the City Council of the City at its meeting on the day of 2005, authorizing the City Manager to execute this Agreement on behalf of the City. A copy of the City Council's resolution or ordinance authorizing this Agreement is attached hereto and made a part hereof -as Exhibit D. N. Except as provided below this Agreement may not be assigned in whole or in part without the prior written approval of the parties. This Agreement may be assigned in whole by Granite without the prior written approval of the City, (1) for the limited purpose of Granite's holding the underlying property in trust pursuant to effecting a Section 1031 Exchange, or (2) to a single entity that is responsible for operating and maintaining the Property as a business park, or (3) to an affiliate of Granite. Partial assignments are permitted without the prior written consent of the City so long as the assignment occurs after the completion of the Seven Year Minimum Improvements and the partial assignment is to an entity having fee simple title to the portion of the Property corresponding to the partial assignment. However, no assignment, whether in whole or in part will not take effect'until City is provided written notice of such assignment and a copy of same. 0. As an additional economic incentive the City agrees that notwithstanding the City's Subdivision and Development regulations to the contrary, Granite will not have to improve the perimeter street, Metro Street, located along the northern boundary of the Property. The City has- provided for funding of these street improvements in its bond program under discretionary funds. Metro Street will be completed by the City no later than six months after Granite gives City written notice that a building permit has been issued for the Minimum Improvements and actual construction has begun. 8 COocNnents am Scwnp damninghamu al SeltingATempawy fil=et FilealOLKWmnite 390 Ag anw Grmx te-3-1-05A= P. Granite hereby agrees that any land or property it donates to the City for any public improvements is roughly proportional to' the need for such land and Owner hereby waives any claim therefore that it may have. Granite further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of this Program. Both Granite and the City further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of this Project. Q. In the unlikely event that the City's covenants to make future payments in this Agreement should be illegal, invalid or unenforceable, then, and only then, the following clause shall be incorporated in and govern this Agreement: Payments Subject to Future Appropriations. All payments by the City to Granite under this Agreement are subject to City's appropriation of funds for such payments in the budget year for which they are made. The payments to be made to Granite, if paid, shall be made solely from annual appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for the implementation of Article III, Section 52a of the Texas Constitution or Chapter 380 of the Local Government Code or any other economic development or financing program authorized by statute and the Texas Constitution, subject to any applicable limitations or procedural requirements. In the event the City does not appropriate funds in any fiscal year for payments due to Granite under this Agreement, City shall not - be liable to Granite for such payments, and Granite shall have the right but not the obligation to rescind this Agreement; provided however, (i) City shall remain liable for its obligations under Article V. Paragraph O hereof, and (ii) Granite shall not be obligated to refund any payments theretofore made to Granite pursuant to this Agreement, as the payment by City of such payments shall be proof that the City duly appropriated the funds for the budget year in which such payments were made. To the extent there is a conflict between this paragraph and any other language or covenant in this Agreement, this paragraph shall control. R. This Agreement shall be effective as of the last date of signature of a party hereto as evidenced by the acknowledgment date for such signature (the "Effective Date"). This Agreement is effective as of the Effective Date. 9 QMo&=cxft=d ltmzelLacai ScamoTempmwy kdenctFileuOM41C3 =te IN AVCMnMAGranite-3-1-05.doe CITY OF DENTON, TEXAS BY: MICHAEL A. CO CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PRO , C ATTORNEY BY: r SFT INDUSTRIAL, LTD. A Texas Limited Partnership BY: GRANITE PROPERTIES, INC. a Delaware Corporation its general partner BY: Crre Its Managing Director 10 GtDoewnents and Setti pWm nnh*twmUAc9 Settinps Te Vawy 1ntemet Fitz VXX4Wh= to 380 Ammemma Camim-3.1.03.dw ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON } The fo egoing Economic Development Program Agreement was executed before me on q~Mai of 2005 by Michael A. Conduff, City Manager of the City of Denton, Te ' s, a Texas municipal corporation, on behalf of said municipal corporation. r e: qJANE E. RICHARDSON Notary Public in and for the i totary Rublit:, state of Terms My J I zi M res State of Texas STATE OF TEXAS } COUNTY OF DENTON } The foregoing Economic Development Program Agreement was executed before me on the2?- y of 2005 by Greg P. Fuller, Managing Director of Granite Properties, Inc., a Delaware corporation, general p er of SFT Industrial. Ltd, a Texas limited partnership, on behalf of said limited p pq . N No is in and for the State of Texas 11 CM+K=+ n=W and Seltmgsldcm mdlacsl Se&sAT=p*rwInt=et Fi[ WUC4VhPmik 390 Ap"matCmniu-3-I-05.doc EXHIBIT "A" I LEGAL DESCRIPTION FOR 74.966 ACRE TRACT BEING A TRACT OF LAND IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56, AND THE THOMAS W. DAUGHERTY SURVEY, ABSTRACT NO. 357, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 61.770 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN VOLUME 725, PAGE 365, DEED RECORDS OF DENTON COUNTY, TEXAS (D.R.D.C.T,), AND ALL OF A CALLED 45.495 ACRE TRACT AS DESCRIBED IN A DEED RECORDED IN VOLUME 725, PAGE 370, D.R.D.C.T., AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (VARIABLE WIDTH R.O.W.), BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON RECORDED IN VOLUME 725, PAGE 375, D.R.D.C.T.; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID 61.770 ACRE TRACT AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO. 35W AS FOLLOWS: S 0'1`10'18" E, CALLED BY HEED S 00°34'10" W, ALONG 112.36 FEET, TO A 1i2" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC."; N 88°4942" E, CALLED BY DEED S 89°25'50" E, 69.90 FEET TO A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC."; S 23°10'30" W, AT 133.53 FEET PASSING THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID 61.770 ACRE TRACT AND THE MOST NORTHERLY NORTHEAST CORNER OF SAID 45.495 ACRE TRACT, IN ALL A DISTANCE OF 199.84 FEET TO A CONCRETE TXDOT MONUMENT FOUND, BEING IN A CURVE TO THE RIGHT HAVING A RADIUS OF 5569.58 FEET; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID 45.495 ACRE TRACT AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO. 35W AS FOLLOWS: ALONG SAID CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 6001'28", A CHORD BEARING S 23°18'54" W. 585.35 FEET, AND AN ARC LENGTH OF 585.62 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38" W, CALLED BY DEED S 26029'20" W, 358.22 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 30°36'58" W, CALLED BY DEED S 30-46'40"W, 200.56 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38" W, CALLED BY DEED S26°29'20" W, 604.02 FEET TO A BROKEN CONCRETE TXDOT MONUMENT FOUND IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 35W, BEING THE MOST EASTERLY SOUTHEAST CORNER OF SAID 45.495 ACRE TRACT; THENCE S 85°26'18" W, CALLED BY DEED S 85°36'00" W, A DISTANCE OF 306.98 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." FOR AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID 45.495 ACRE TRACT; THENCE S 57°00'48" W, CALLED BY DEED S 57"10'30" W, A DISTANCE OF 62.00 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 00°22'58° W, CALLED BY DEED S 00°32'40" W, A DISTANCE OF 16.00 FEET TO AN "X".CUT FOUND IN CONCRETE BRIDGE IN CORBIN ROAD, BEING AN ANGLE POINT IN THE SOUTH LINE OF SAID 45.495 ACRE TRACT AND BEING THE NORTHEAST CORNER OF A CALLED 156.47 ACRE TRACT AS DESCRIBED IN A DEED RECORDED IN COUNTY CLERK'S DOCUMENT NO. 94-0094073, D.R.D.C.T:; THENCE-89°47'44"'W, CALLED'BY DEED S 89°55'00" W, ALONG THE NORTH LINE OF SAID 156.47 ACRE TRACT, AND ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 518" IRON ROD FOUND, IN ALL A DISTANCE OF 447.55 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHWEST CORNER OF SAID 45.495 ACRE TRACT, AND BEING THE SOUTHEAST CORNER OF A CALLED 51.367 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN VOLUME 2775, PAGE 293, D.R.D.C.T.; THENCE N 00°26'33"E, CALLED BY DEED N 00°3345" E, ALONG THE WEST LINE OF SAID 45.495 ACRE TRACT, AT 1094.70 FEET PASSING THE NORTHEAST CORNER OF SAID 51.367 ACRE TRACT, AT 1632.09 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A CALLED 25.675 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN COUNTY CLERK'S DOCUMENT NO. 98- 0051483, D.R.D.C.T., IN ALL A DISTANCE OF 1671.25 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHWEST CORNER OF SAID 45.495 ACRE TRACT, AND BEING THE SOUTHWEST CORNER OF SAID 61,770 ACRE TRACT; THENCE N 00°57'30" E, CALLED N 02°42'00" E; ALONG THE WEST LINE OF SAID 61.770 ACRE TRACT, AT 503.67 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF'LAND DESCRIBED IN A DEED TO T. KLEIN, JR. AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281, D.R.D.C.T., IN ALL A DISTANCE OF 1326.60 FEET TO A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES RECORDED IN COUNTY CLERK'S FILE No. 94-0068137, D.R.D.C.T.; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.61 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 39°32'24" E LEAVING SAID SOUTH LINE OF SAID TEXAS INDUSTRIES, 166.63 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 12°49'23" E LEAVING SAID SOUTH. LINE OF SAID TEXAS INDUSTRIES, 136.65 FEET TO A POINT FOR A CORNER; THENCE N 88°33'33" E, 490.12 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 01 026'27"W, 768.96 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 88°40'6'1" E, AT 128.20 FEET PASSING A 518" IRON ROD FOUND BEING THE SOUTHWEST CORNER OF SAID JAMES F. MASON RECORDED IN VOLUME 725,- PAGE 375, AND CONTINUING IN ALL A DISTANCE OF 348.26 FEET TO A 112° IRON ROD-SET WITH A CAP STAMPED""WIER & ASSOC. INC." BEING THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470,00 FEET; THENCE ALONG THE SAID CURVE TO. THE RIGHT HAVING A DELTA ANGLE OF 21°3543", A CHORD BEARING S 80°3'1'17" E, 176.10 FEET, AND AN ARC LENGTH OF 177.15 FEET TO A 112°IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 69°43'26'° E, 88.35 FEET TO THE PLACE OF BEGINNING AND CONTAINING 74.966 ACRES (3,265,551 SQUARE FEET) OF LAND. AND BEING A TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1) RECORDED IN VOLUME 725, PAGE 365, DEED RECORDS, DENTON COUNTY, TEXAS (D.R.D.C.T.), BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, D.R.D.C,T. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT 112" IRON ROD FOUND IN THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 (VARIABLE WIDTH R.O.W.), BEING THE SOUTHEAST CORNER OF LOT 1, METRO INDUSTRIAL PARK, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY TEXAS; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35 AS FOLLOWS: S 20°16'34" W, PASSING A 112" IRON ROD FOUND AT 880.97 FEET BEING THE NORTHEAST CORNER OF SAID MASON TRACT 2, CONTINUING IN ALL A DISTANCE OF 1106.20 FEET TO A TEXAS HIGHWAY DEPARTMENT CONCRETE MONUMENT; S 88°40'51" W, 107.75 FEET TO A TEXAS HIGHWAY DEPARTMENT CONCRETE MONUMENT; S 01 "10'18" E, 66.51 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE SOUTH LINE OF SAID MASON TRACT 2; THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 2 AS FOLLOWS: N 69"43'26"W LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35, 85.35 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED VIER & ASSOC. INC." BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 470.00 FEET; ALONG SAID CURVE TO THE LEFT HAVING A DELTA ANGLE OF 21 °3543", A CHORD BEARING N 80"31'17" W, 176.10 FEET, AND AN ARC LENGTH OF 177.15 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED VIER & ASSOC. INC."; S 88°40'51" W, PASSING A 518" IRON ROD FOUND AT 220.06 FEET BEING THE SOUTHWEST CORNER OF SAID MASON TRACT 2, CONTINUING IN ALL A DISTANCE OF 348,26 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED VIER & ASSOC. INC."; THENCE N 01°26'27" W, 1026.17 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE SOUTH LINE OF AN 50 FOOT ACCESS EASEMENT (METRO STREET) RECORDED BY DEED IN VOLUME 1028, PAGE 649, D.R.D.C.T.; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET, 281.02 FEET TO A 112" IRON ROD FOUND BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CABINET G, SLIDE 109, PLAT RECORDS, DENTON, COUNTY, TEXAS (P.R.D.C.T.); THENCE S 01°26'27" E ALONG THE WEST LINE OF SAID LOT 1, 394.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT,1; THENCE N 88033'33" E, ALONG THE SOUTH LINE OF SAID LOT 1, 280.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N 01 026'27" W, ALONG THE EAST LINE OF SAID LOT 1, 394.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND BEING IN THE SOUTH LINE OF A 50' ACCESS EASEMENT (SAID METRO STREET) RECORDED BY PLAT IN CABINET A, SLIDE 358, PLAT RECORDS, DENTON, COUNTY, TEXAS (P.R.D.C.T.). THENCE N.88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET, 649.62 FEET TO THE PLACE OF BEGINNING AND CONTAINING 19.201 ACRES (836,407 SQUARE FEET) OF LAND. WITH A TOTAL ACRES OF BOTH TRACTS OF 94.167 ACRES. i ~YB~T ~B Ikl~ F•i y i. i. a Q~ y s A-i • r5t f 1 EGRAN TE POW ~ ~ ~ Li I Li ml[L~~ . l MA r ~ Ono I ON ~r Y ~ 1 ~ E f " I GRAMTE POINT DWOK TEXAS lr O c O FM J cm . t owes** P3~OPLRT :'"'";3 Yl~~ f Exhibit C SECRETARY'S CERTIFICATE I, Annabel M. Jones, the Secretary of Granite Properties, Inc., a Delaware corporation (the "Company") hereby certify that the following resolutions were adopted by the Board of Directors of the Company on February 24,2005: 1. WHEREAS, Company is the General Partner of SFT Industrial., Ltd., a Texas limited partnership; and 2. WHEREAS, Company, as General Partner, has determined that it is in the best interests of SFT Industrial, Ltd. to enter into an Economic Development Program Grant between the City of Denton, Texas and SFT Industrial, Ltd. (the "Grantand 3. WHEREAS, David Cunningham, and Greg Fuller are officers of Company. 4. NOW, THEREFORE, BE IT RESOLVED, that David Cunningham and Greg Fuller, or either of them, are authorized to execute the Grant on behalf of Company as General Partner of SFT Industrial, Ltd. DATED this 24`h day of February, 2005. Annabel M. Jones Secretary STATE OF OKLAHOMA ) ) 55. COUNTY OF TULSA ) BEFORE ME, a Notary Public in and for said state, on this day of February, 2005 personally appeared Annabel M. Jones, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes . therein set faith. No Public in and for Tulsa County, State of Oklahoma 1Al.ES"LLCOMMISSION #0000= TULSA COU" IWComm. Ex E. 03-12-2008 LGI SecCer Granite SiOY[ i[e 390 AW~all.doc Emmit D ORDINANCE NO. OQ~r- AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT INDUSTRIAL, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY 94 ACRES OF LAND GENERALLY LOCATED ON-THE WEST SIDE OF I-35W APPROXIlVIATELY 314 MILE SOUTH OF AIRPORT ROAD WITHIN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56 AND THE THOMAS DAUGHERTY SURVEY, ABSTRACT NO. 357 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, SFT Industrial, Ltd. ("SFT") has made a request of the City of Denton to establish an economic development program under Chapter 380 of the Texas Local Government ("Chapter 380") to stimulate the development of commercial property within the City of Denton; and 'WHEREAS, the City. Council by this ordinance is establishing an economic development program under Chapter 380 which will stimulate business activity in the City and promote the public interest (the "Program" WHEREAS, to effectuate the Program the City and Windjammer have negotiated an Economic Development Grant Agreement (the "Agreement"), a copy of which is attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Program and Agreement promote economic development and will stimulate commercial activity within the City of Denton for the benefit of the public; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained In the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights under the Agreement, including without limitation the authorization to make the expenditures set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. i I PASSED AND APPROVED this the day of 9"a"e- '2005, 1 EULINB BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO AS T LEGAL FORM: HERBERT L. PRO CITY ATTORNEY. BY: Page 2 Denton County Cynthia Mitchell j County Clerk Denton, TX 76202 i<n zoos oaos~9i~ Instrument Number: 2405-33918 As Recorded On: March 24, 2005 Memorandum Parties: THE CITY OF DENTON TEXAS Billable Pages: 9 To Number of Pages: 9 Comment: Examined and Charged as Follows: Memorandum 30.00 Total Recording: 30.00 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File In€ormation: Record and Return To: Document Number. 2005-33918 Receipt Number: 180498 ED SNYDER DEPUTY CITY ATTORNEY Recorded Datefrime: March 24, 2005 12:24P CITY OF DENTON 215 E MCKINNEY User 1 Station: B Smithers - Cash Station 3 DENTON TX 76201 ~o THE STATE OF TEXAS) COUNTY OF DENTON } 1 hereby certify that this instrument was FILED In the File Plumber sequence on the dateldme printed heron, and was duly RECORDED In the Official Records of Denton County, Taxes. t1f,.ttdul.L xe County Clerk Denton County, Texas S:IOur DocumentAContracts1051Granite Memo of UnderAmding.doc MEMORANDUM OF AGREEMENT STATE OF TEXAS } } KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF DENTON } THIS Memorandum of Agreement is made and entered into as of the Effective Date as provided below, by and between the City of Denton, Texas (the "City') and SFT Industrial, Ltd. ("Granite), a Texas Limited Partnership (the "Property Owner'). WHEREAS, the City and the Property Owner have entered into that certain Economic Development Program Grant Agreement effective March 1, 2005, approved by City Ordinance No. 2005-084 under authority of Chapter 380 of the Texas Local Government Code (the "Agreement") relating to that certain real property containing approximately 94.167 acres located in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" attached hereto and made a part hereof by,reference (the `Meal Property"); and WHEREAS, the City and Property Owner have entered into this Memorandum of Agreement to be recorded in the Real Property Records of Denton County, Texas to satisfy the requirements of Article V. Paragraph I. of the Agreement. NOW THEREFORE, in consideration of the covenants contained in the Agreement, the City and Property Owner agree as follows: 1. This Memorandum of Agreement may be recorded in the Real Property Records of Denton County Texas to satisfy the requirements of Article V. Paragraph I. of the Agreement, in lieu of recording the Agreement. 2. A true and correct original of the Agreement is on file in the Office of the City Secretary, Denton City Hall, 215 E. McKinney, Denton, Texas 76201, which Agreement is incorporated herein by reference; and The parties hereto have executed this Memorandum of Agreement to be effective as of the March 1, 2005 (the "Effective Date"). THE CITY OF DENTON, TEXAS BY. Michael A. Conduff, Ci ager Memorandum of Agreement - Page 1 SA0ur Documents\Contracts1051Granite Memo of UndentandingAm ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AMA CA, n A-). 114 APP VED O LEGAL FORM: HERBERT L. PROUTY, CITY TTORNEY ; BY: SFT INDUSTRIAL, LTD. A Texas Limited Partnership BY: GRANITE PROPERTIES, INC. A Delaware Corporation, its general partner rB~Y: Q Gre P puller Its Managing Director AFIM DING, RM9E MM F1[Z SWM CRIGrINAL M: ID. SNM, DUTY C'I'Y ATRIOU C r1Y CF IENICK 215 E. MAY DfffM, TEAS 76201 Memorandum of Agreement - Page 2 C.U)ocuments and Set iagsltfarris\Loeal Setfingffemporary Intemet Files10LK601C:ranite Memo of Understanding doc ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § This instrument is acknowledged before me, on this 1 SL day of it - , 2005 by Michael A. Conduff, City Manager of the City of Denton, a municipal corporation, on behalf of said municipal corporation. CHRISTINE A. DICK tY Rblfc ,,tL t1~ s f state of rr~ t` Comm. Exp. 3-t•1aDy - Notary Public in and for State of Texas STATE OF TEXAS § COUNTY OF § Tbi instrument was acknowledged before me on this y of 2005 by Greg P. Fuller, the Managing Director for Granite Properties, Inc., a Delaware corporation and the general partner of SFT Industrial, Ltd., a Texas limited partnership on behalf of said limited partnership. ~~ptltiriN!!!!llftl7 !i 'AQJ x Nota . u I i for < 03 Y:, State of ~TF p F Zti = 0 111A i i i Memorandum of Agreement - Page 3 EXHIBIT "A" LEGAL. DESCRIPTION FOR 74.966 ACRE TRACT BEING A TRACT OF LAND IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56, AND THE THOMAS W. DAUGHERTY SURVEY, ABSTRACT NO. 357, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 61.770 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN VOLUME 725, PAGE 365, DEED RECORDS OF DENTON COUNTY,-TEXAS (D.R.D.C.T.), AND ALL. OF A CALL-ED 45.495 ACRE TRACT AS DESCRIBED IN A DEED RECORDED IN VOLUME 725, PAGE 370, b.R.D.C.T., AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (VARIABLE WIDTH R.O.W.), BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON RECORDED IN VOLUME 725, PAGE 375, D.R.D.C.T.; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID 61.770 ACRE TRACT AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO. 35W AS FOLLOWS: S 01"10'18" E, CALLED BY DEED S 00"34'10" W, ALONG 112.36 FEET, TO A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC."; N 88°49'42" E, CALLED BY DEED S 89°25'50" E, 69.90 FEET TO A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC."; S 23°10'30" W, AT 133.53 FEET PASSING THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID 61.770 ACRE TRACT AND THE MOST NORTHERLY NORTHEAST CORNER OF SAID 45.495 ACRE TRACT, IN ALL A DISTANCE OF 199.84 FEET TO A CONCRETE TXDOT MONUMENT FOUND, BEING IN A CURVE TO THE RIGHT HAVING A RADIUS OF 5569.58 FEET; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID 45.495 ACRE TRACT AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO. 35W AS FOLLOWS: ALONG SAID CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 6°01'28", A CHORD BEARING S 23°18'54" W. 585.35 FEET, AND AN ARC LENGTH OF 585.62 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38" W, CALLED BY DEED S 26°29'20" W, 358.22 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; 5 30°36'58" W, CALLED BY DEED S 30°46'40" W, 200.56 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "VIZIER & ASSOC. INC."; S 26°19'38" W, CALLED BY DEED S26029'20" W, 604.02 FEET TO A BROKEN CONCRETE TXDOT MONUMENT FOUND IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 35W, BEING THE MOST EASTERLY SOUTHEAST CORNER OF SAID 45.495 ACRE TRACT; THENCE S 85°2618" W, CALLED BY DEED S 85°36'00" W, A DISTANCE OF 306.98 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." FOR AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID 45.495 ACRE TRACT; THENCE S 57°00`48" W, CALLED BY DEED S. 57°10'30" W, A DISTANCE OF 62.04 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 00022'58" W, CALLED BY DEED S 00°32'40" W, A DISTANCE OF 16.00 FEET TO AN "X" CUT FOUND IN CONCRETE BRIDGE IN CORBIN ROAD, BEING AN ANGLE POINT IN THE SOUTH LINE OF SAID 45.495 ACRE TRACT AND BEING THE NORTHEAST CORNER OF A CALLED 156.47 ACRE TRACT AS DESCRIBED IN A DEED RECORDED IN COUNTY CLERK'S DOCUMENT NO. 940094073, D.R.D.C.T.; THENCE S 89°4744" W, CALLED BY DEED S 89°55'00" W, ALONG THE NORTH LINE OF SAID 156.47 ACRE TRACT, AND ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 518" IRON ROD FOUND, IN ALL A DISTANCE OF 447.55 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHWEST CORNER OF SAID 45.495 ACRE TRACT, AND BEING THE SOUTHEAST CORNER OF A CALLED 51.357 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN VOLUME 2775, PAGE 293, D.R.D.C.T.; THENCE N 00°26'33"E, CALLED BY DEED N 00°33'45" E, ALONG THE WEST LINE OF SAID 45.495 ACRE TRACT, AT l .D94.70 FEET PASSING THE NORTHEAST CORNER OF SAID 51.367 ACRE TRACT, AT 1632.09 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A CALLED 25.675 ACRE TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN COUNTY CLERICS DOCUMENT NO. 98- 0051483, D.R.D.C.T., IN ALL A DISTANCE OF 1671.25 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHWEST CORNER OF SAID 45.495 ACRE TRACT, AND BEING THE SOUTHWEST CORNER OF SAID 61.770 ACRE TRACT; THENCE N 00°57'30" E, CALLED N 02°42'00" E, ALONG THE WEST LINE OF SAID 61.770 ACRE TRACT, AT 503.67 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T. KLEIN, SIR. AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281, D.R.D.C.T., IN ALL A DISTANCE OF 1326.60 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES RECORDED IN COUNTY CLERK'S FILE No. 94-0068137, D.R.D.C.T.; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.51 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 39°32'24" E LEAVING SAID SOUTH LINE OF SAID TEXAS INDUSTRIES, 156.63 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 12°49'23°E LEAVING SAID SOUTH LINE OF SAID TEXAS INDUSTRIES, 136.65 FEET TO A POINT FOR A CORNER; THENCE N 88°33'33" E, 490.12 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 01 026'27" W, 768.95 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED VIER & ASSOC. INC."; THENCE N 88°40'51" E, AT 128.20 FEET PASSING A 518" IRON ROD FOUND BEING THE SOUTHWEST CORNER OF SAID JAMES F. MASON RECORDED IN VOLUME 725, PAGE 375, AND CONTINUING IN ALL A DISTANCE OF 348.26 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET; THENCE ALONG THE SAID CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 21°35'43", A CHORD BEARING S 80°31'17" E, '176.10 FEET, AND AN ARC LENGTH OF 177.15 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC.."; THENCE S 69°43'26' E, 88.35 FEET TO THE PLACE OF BEGINNING AND CONTAINING 74.966 ACRES (3,265,551 SQUARE FEET) OF LAND. AND BEING A TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1) RECORDED IN VOLUME 725, PAGE 365, DEED RECORDS, DENTON COUNTY, TEXAS (D.R.D.C.T.), BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, D.R.D.C.T. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT 112" IRON ROD FOUND IN THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 (VARIABLE WIDTH R.O.W.), BEING THE SOUTHEAST CORNER OF LOT 1, METRO INDUSTRIAL PARK, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY TEXAS; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35 AS FOLLOWS: S 20°16'34" W, PASSING A 112" IRON ROD FOUND AT 880.97 FEET BEING THE NORTHEAST CORNER OF SAID MASON TRACT 2, CONTINUING IN ALL A DISTANCE OF 1106.20 FEET TO A TEXAS HIGHWAY DEPARTMENT CONCRETE MONUMENT; S 88°40'51" W, 107.75 FEET TO A TEXAS HIGHWAY DEPARTMENT CONCRETE MONUMENT; S 01 °10'18" E, 65.51 FEET TO A 112" IRON ROD SET WITH A CAP STAMPEDVIER & ASSOC. INC." IN THE SOUTH LINE OF SAID MASON TRACT 2; THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 2 AS FOLLOWS: N 69°4326" W LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35, 88.35 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 470.00 FEET; ALONG SAID CURVE TO THE LEFT HAVING A DELTA ANGLE OF 21 °35'43", A CHORD BEARING N 80°31'17" W, 176.10 FEET, AND AN ARC LENGTH OF 177.15 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 88°40'31" W, PASSING A 518" IRON ROD FOUND AT 220.06 FEET BEING THE SOUTHWEST CORNER OF SAID MASON TRACT 2, CONTINUING IN ALL A DISTANCE OF 348.26 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 01°26'27" W, 1025.17 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE SOUTH LINE OF AN 50 FOOT ACCESS EASEMENT (METRO STREET) RECORDED BY DEED IN VOLUME 1028, PAGE 640, D.R.D.C.T.; THENCE N 88°33'33" EALONG THE SOUTH LINE OF SAID METRO STREET, 291.02 FEET TO A 112" IRON ROD FOUND BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CABINET G, SLIDE 109, PLAT RECORDS, DENTON, COUNTY, TEXAS (P.R.D.C.T.); THENCE S 01°26'27" E ALONG THE WEST LINE OF SAID LOT 1, 394.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N 88°33'33" E, ALONG THE SOUTH LINE OF SAID LOT 1, 280.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N 01 026'27" W, ALONG THE EAST LINE OF SAID LOT 1, 394.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND BEING IN THE SOUTH LINE OF A 50' ACCESS EASEMENT (SAID METRO STREET) RECORDED BY PLAT IN CABINET A, SLIDE 388, PLAT RECORDS, DENTON, COUNTY, TEXAS (P.R.D.C.T.). THENCE N 88033'33" E ALONG THE SOUTH LINE OF SAID METRO STREET, 549.62 FEET TO THE PLACE OF BEGINNING AND CONTAINING 19.201 ACRES (836,407 SQUARE FEET) OF LAND. WITH A TOTAL ACRES OF BOTH TRACTS OF 94.167 ACRES. S _i GRANITE PROPERTIES, INC. Omn9geTM 5601 GRANITE PARKWAY SUITE 800 PLANO, TExAs 75024 972.731.2300 T 972.731.23336 F WWW.GRANrFEPROP.COM July 28, 2010 Linda Ratliff, Director Economic Development Department City of Denton 215 E. McKinney Denton, TX 76201 RE: Granite Point in Denton - 380 and 381 Agreements Dear Linda, It was very nice to see you again this past Monday. I always enjoy our visits. You are without a doubt the most helpful and hands on EDC head of any city I deal with. I also wanted to thank you for quickly putting together the "all hands on deck" meeting last Wednesday with John Plott and his entourage. I told him and his broker, Gary Lindsey, that you could make it happen and you did. The whole Plott Group went away from that meeting very favorably impressed with the City of Denton so you scored an "A" for first impressions. John Plott owns a sizable development/construction company in Tuscaloosa, AL. Plott has the enviable position as being the vender of choice for one of the largest Oil/Gas Service Companies in the world. He hasn't disclosed the name but I'm pretty sure you have deduced who it is. John contacted me about six weeks ago about his user. He needed a 150,000 SF Building and he also needed about 15-20 acres of additional land for his tenants needs. Because John is a contractor and building leasor he was only interested in a building and land "Purchase", and not in a lease with Granite. His other option was to build a facility in Gainesville if we chose to not sell. While Granite did not Build Granite Point to sell in piece meal fashion, we always knew it may be possible. As we have come to better understand the Denton Market Place we have concluded that it is primarily a "user market" and their isn't sufficient depth in the market for multiple tenant users in larger building foot prints that the back, Building II, represents. Our smaller building footprint in the front building is about 75% leased, all too small tenants, proving up our experience. We therefore chose to sell Building II and the 15 adjoining acres to Plott and are under contract to do so. We will retain ownership to Building I and we will still quote Build to Suit Opportunities on Phase III and Phase IV Sites which we control. RELATIONSHIPS ARE THE FOUNDATION ON WHICH WE BUILC VALUE. In order to close the sale with Plott we have to re-plat Lot 1-B to incorporate the 15 acres of additional land. We have met with you and other city staff so that we have a clear path as to how we will accomplish that We will make a re-plat submission Monday, August 2°d as discussed. Additionally we have to deal with Granite's 380 and 381 Agreements which were put into place for this development in mid-2005. Plott will not close unless he is the beneficiary of the agreements. If we agree to sell our back Building and Phase II Land and assign our agreements we will be unable to meet some of the terms of the current agreements with our remaining holdings. At best, the back building will be used as "bulk warehouse" with very little finish out or additional improvements. Therefore in terms of the City of Denton gaining taxable assets there would be very little added to the building from its current status if Granite maintains ownership. On the other hand, Plott plans to put into place over $7,000,000 in additional improvements and more importantly will have a reported $20,000,000 or more of personal property stored on-site at any one time. Plott also says there will be approaching 200 jobs associated with this move to Denton. It is clear to us that the City of Denton will be a significant winner on the taxable property front, not to mention the jobs, for Plott to locate his facility in Denton. Granite wishes to complete the sale to Plott as it is best for Granite since we are not a bulk warehouse owner/operator, which is what Building II has become, and it is best for the City of Denton for the many reasons stated above. Therefore, we request that the City of Denton waive the remaining term of Granite's current 380 Agreement and assign the value of the back Building to Plott at closing. Granite's tax abatements on the front building will cease upon execution of the termination agreement and none of the remaining land will be covered by the current agreement. Granite will not be penalized because of this termination and there will be no refunds required due to the shortening of the 380 terms and termination of the current 380 agreements. We also request that the County 381 Agreements be canceled and conformed along the same lines since they were drafted in tandem when we began the projects in 2005. Our contract with Plott calls for a closing on September 15, 2010. In order for that to happen we have to complete the re-plat of Lot 1-B and we believe it will be very doable to hit the 8/25 P&Z Meeting. Worst case we will hit the 9/8 P&Z Meeting. We really need to hit the 8/17 Council Meeting to conclude the 380 Issue. The alternative date of 9/14 would put the closing with Plott on 9/15 in jeopardy. Thank you so very much for your help... as always it has been a pleasure working with you. Sincerely, d David R. Cunningham Director, Development & Construction Granite Properties, Inc. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: Economic Development CM: George C. Campbell SUBJECT Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Grand Mesa, LLC, is an Alabama Limited Liability Company interested in purchasing Building 42 and additional undeveloped acreage at Granite Point Business Park for a client. Grand Mesa will renovate and equip the building to meet the client's needs. As part of the negotiation of the sale of the property, the current owner, SFT Industrial (Granite Properties) has agreed to terminate their existing Chapter 380 agreement so that the City can enter into an agreement with Grand Mesa. The ordinance terminating the Granite agreement will also be considered on the August 17, 2010 agenda. The Grand Mesa agreement will provide a grant equal to 50% of the property tax paid on the existing building, new improvements and equipment valuation. Land and inventory valuations will not be eligible. The term of the agreement will be for seven years, the number of years remaining on the Granite Point incentive. Thresholds for the number of jobs and average wage have been added to the terms of the agreement. ESTIMATED SCHEDULE OF PROJECT Should the Granite Point site be selected, it is estimated constriction should be complete and the client should locate in the facility around March 2011. PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed the request at their August 3, 2010 meeting and recommended approval (6-0). The Council was briefed on this project at their August 10, 2010 meeting. FISCAL INFORMATION It is estimated that the Grand Mesa redevelopment of the site will increase the valuation of their property by over $6 million. This does not include the additional valuation for -1- equipment to be added by their client, which will also be subject to the 50% grant incentive. EXHIBITS Ordinance Chapter 380 Agreement Exhibits Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- Ilcodadldepartmentsllegahour documemslordinances11 ftrand mesa 380 agreement.doc ORDINANCE NO. AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GRAND MESA, LLC, REGARDING THE RENOVATION OFF A 152,000 SQUARE FOOT BUILDING AND 36.026 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF 1-35W IN THE GRANITE POINT BUSINESS PARK IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Grand Mesa, LLC ("Grand Mesa") has made a request of the City of Denton to establish an economic development program under Chapter 380 of the Texas Local Government ("Chapter 3 8011) to stimulate the development of commercial property within the City of Denton; and WHEREAS, the City Council by this ordinance is establishing an economic development program under Chapter 380 which will stimulate business activity in the City and promote the public interest (the "Program"); WHEREAS, to effectuate the Program the City and Grand Mesa have negotiated an Economic Development Grant Agreement {the "Agreement"), a copy of which is attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Program and Agreement promote economic development and will stimulate commercial activity within the City of Denton for the benefit of the public; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights under the Agreement, including without limitation the authorization to make the expenditures set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY Page 2 i i ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GRAND MESA, LLC,. This Economic Development Program Grant Agreement ("Agreement") is made and entered into as of the effective date provided for below, by and between Grand Mesa, LLC, (the "Grantee"), an Alabama limited liability company, licensed to do business in Texas, and the CITY OF DENTON (the "City"), a Texas municipal corporation, for the purposes and considerations stated below: WHEREAS, this Agreement is authorized by and made pursuant to the economic development program provisions of Chapter 380 of the Texas Local Government Code (the "Act") to promote local economic development and to stimulate business and commercial activity in the City of Denton; and WHEREAS, Grand Mesa, LLC, is contemplating the purchase 36.026 acres of land and the renovation of a 152,000 square foot building located in the Granite Point business park (the "Project") on that certain real property located within the city limits of the City as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, Grand Mesa, LLC, has requested that the City grant certain economic incentives to Grand Mesa, LLC, pursuant to the Act as an inducement to develop the Project on the Property and Grand Mesa, LLC, represents that it would not develop the Project unless it receives the economic development incentives provided for in this Agreement; and WHEREAS, the City Council finds that the contemplated use and development of the Project on the Property in accordance with the other terms and conditions of this Agreement will promote economic development and will stimulate development activity within the City of Denton for the benefit of the public; NOW, THEREFORE, the City and Grand Mesa, LLC, for and in consideration of the premises and the promises contained herein do hereby contract, covenant and agree as follows: I. GENERAL CONDITIONS TO GRANT A. Grand Mesa, LLC, covenants and agrees with the City that the City's obligations under this Agreement are subject to the fulfillment of the Grantee's obligations under this Agreement and Grand Mesa, LLC, hereby agrees to perform and comply in all material respects to the terms, conditions, and provisions of this Agreement and in all other instruments and agreements between Grand Mesa, LLC, and the City with respect to the financial or other incentives provided herein. 1 B. Notwithstanding anything contained in this Agreement to the contrary, no grant or payment will be made to Grand Mesa, LLC, under this Agreement unless and until Grand Mesa, LLC, has completed private improvements to the Property no later than December 31, 2011 consisting of the renovation of the 152,000 square foot building to accommodate a tenant that will bring a minimum of 80 jobs with an average wage of $45,000 per year. In addition, Grand Mesa, LLC, will complete the improvements to the undeveloped 15 acres to the south of the 152,000 square foot building to accommodate the operation of said tenant. Grand Mesa, LLC, estimates the total investment for the purchase, renovation and development for the Project to be $28 million, generating a minimum increase assessed real estate improvements and business personal property valuation over the existing valuation in the amount of $5 million. Land and Inventory valuations are not included in the grant incentive calculations. C. Should the tenant employ less than the minimum threshold of 80 people or provide an average wage of less than $45,000, the grant payment will be reduced by the percent decrease the actual employment or actual wage bears to the thresholds set within this agreement. For example, if the number of jobs created equals 72, which is a 10% less than the 80 jobs threshold, the grant payment will be reduced by 10%. Or, if the average wage equals $40,000, which is 12% less than the average wage threshold, the grant payment will be reduced by 12%. D. The Project will maintain a minimum of $5 million in real property improvements and business personal property assessed valuation as a condition of this agreement. Should the total assessed valuation of real property improvements and business personal property fall below the $5 million threshold, this agreement shall terminate and Grantee shall repay any monies received from the City plus 6% interest. E. The Property is not in an improvement project financed by tax increment bonds. F. Neither the Property nor any of the improvements to the Property are owned or leased by any member of the City Council, any member of the City Planning and Zoning Commission of the City. G. This Agreement is subject to rights of holders of outstanding bonds of the City, if any. H. In the event of any conflict between the City zoning ordinances, or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control, provided however the City shall not diminish the benefits to Grand Mesa, LLC, under this Agreement through ordinances or regulations. 1. Grand Mesa, LLC, may elect to terminate this Agreement at any time prior to the issuance of a building permit for the Minimum Improvements. In such case this Agreement will be null and void and of no further force and effect. 2 II. TERMS AND CONDITIONS OF GRANT A. Subject to the terms and conditions of this Agreement, the City hereby agrees to pay to Grand Mesa, LLC, annually for a period of seven years after January 1 following the first tax assessment after receipt by Grand Mesa, LLC, of a certificate of occupancy for the Minimum Improvements, an amount equal to 50% ad valorem taxes, exclusive of the taxable value of land or any increase in taxable value attributable to land or taxable value of inventory (the "Annual Payments"). The Annual Payments shall be paid within 90 days after the City's receipt of all ad valorem taxes for the Property for the applicable tax year. The assessed value shall be established using the Denton County Appraisal District appraisal process. B. The City's obligation to pay the payments provided in this Agreement is subject to the fulfillment of the General Conditions set forth in Article I above. III. RECORDS, AUDITS, AND EVALUATION OF PROJECT During normal office hours throughout the term of this Agreement, after providing reasonable notice to Grand Mesa, LLC„ the City shall have access, on a reasonable number of occasions, to the private improvements constructed on the Property (the "Improvements") by City employees, consultants and authorized agents for the purpose of inspecting the Improvements to ensure that the Improvements are made in accordance with the specifications and conditions of this Agreement and to verify that the conditions of this Agreement are being complied with, provided that such inspection shall not unreasonably interfere with Grand Mesa, LLC,'s normal business operations. IV. DEFAULT A. Each of the following shall constitute an Event of Default under this Agreement: 1. Failure of Grand Mesa, LLC, to continuously maintain and operate the Improvements on the Property for the term hereof and Grand Mesa, LLC, does not cure such failure within thirty (30) days after written notice from the City describing such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if Grand Mesa, LLC, fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure. 2. Any warranty, representation or statement made or furnished to the City by or on behalf of Grand Mesa, LLC, under this Agreement that is false or misleading in any material respect, either now or at the time made or furnished, and Grand Mesa, LLC, fails to cure same within thirty (30) days after written 3 notice from the City describing the violation, or if such violation cannot be cured within such 30-day period in the exercise of all due diligence, then if Grand Mesa, LLC, fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such violation, or if Grand Mesa, LLC, learns that any such warranty, representation or statement has become false or misleading at the time that it was made, and Grand Mesa, LLC, fails to provide written notice to the City of the false and misleading nature of such warranty, representation or statement within ten (10) days after confirmed written notice to Grand Mesa, LLC,. 3. The dissolution or termination of Grand Mesa, LLC,'s existence as a going business, Grand Mesa, LLC,'s insolvency, appointment of receiver for any part of the Property, any assignment of all or substantially all of the assets of Grand Mesa, LLC, for the benefit of creditors of Grand Mesa, LLC„ any type of creditor workout for Grand Mesa, LLC„ or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grand Mesa, LLC, unless, in the case of involuntary proceedings, such proceedings are discharged within sixty (60) days after filing. 4. Grand Mesa, LLC,'s failure to fulfill the General Conditions to Grant set forth in Article I herein. 5. Grand Mesa, LLC, allowing its property taxes owned to the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such taxes and to cure such failure within thirty (30) days after written notice thereof from the City and or Denton Central Appraisal District. 6. Failure of Grand Mesa, LLC, to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any documents generated or otherwise created attendant to this Agreement or in any way related to this Agreement ("Related Documents"), or failure of Grand Mesa, LLC, to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between the City and Grand Mesa, LLC„ and Grand Mesa, LLC, fails to cure such failure within thirty (30) days after written notice from the City describing such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if Grand Mesa, LLC, fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure. B. If any Event of Default shall occur, all commitments of the City under this Agreement, including without limitation, payment of the Annual Payments and Development Fee Payments, immediately will terminate upon the occurrence of an Event of Default and after Grand Mesa, LLC, fails to cure same in accordance herewith. All amounts already paid by the City to Grand Mesa, LLC, under this Agreement, including interest at the rate of six percent per annum, shall be due and owing to the 4 City, subject to any and all lawful offsets, settlements, deductions or credits to which Grand Mesa, LLC, may be entitled, and shall constitute an enforceable lien upon the Property. V. GENERAL PROVISIONS A. All improvements to the Property shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Property. This Agreement does not constitute a waiver by the City of any development ordinances or conditions. Further, Grand Mesa, LLC, acknowledges that by executing this Agreement, no entitlement or agreements concerning zoning or land use shall arise, either implied or otherwise. B. Grand Mesa, LLC, shall complete construction of all improvements to the Property within the timeframes provided for in this Agreement. Notwithstanding the foregoing, Grand Mesa, LLC, shall have such additional time to complete the Private Development as may be required in the event of "force majeure" if Grand Mesa, LLC, is diligently and faithfully pursuing completion of the improvements. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of Grand Mesa, LLC, including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, and action of the elements, including without limitation, inappropriate temperature conditions, rainfall or other interfering precipitation or weather. . C. Grand Mesa, LLC, shall indemnify, save and hold harmless the City, its elected officials, officers, agents, attorneys and employees (collectively, the "Indemnitees") from and against: (i) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action, arising from Grantee's performance of its obligations hereunder, in which the City is a disinterested party; (ii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of the City or Grand Mesa, LLC, to enter into this Agreement; and (iii) any and all liabilities, losses, costs or expenses (including attorney's fees and disbursements) that any Indemnitees suffer or incurs as a result of any of the foregoing; provided, however, that Grand Mesa, LLC, shall have no obligation under this Paragraph to the City with respect to any of the foregoing arising out of the gross negligence or willful misconduct of the City or the breach by the City of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Grand Mesa, LLC„ but the failure to so promptly notify Owner shall not affect Grand Mesa, LLC,'s obligations under this Paragraph unless such failure materially prejudices Grand Mesa, LLC,'s right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Grand Mesa, LLC, in writing, so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action 5 or cause of action and shall permit Grand Mesa, LLC, to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action or cause of action or proceeding for which Grand Mesa, LLC, may be liable for payment of indemnity hereunder shall give Grand Mesa, LLC, written notice of the terms of such proposed settlement or compromise reasonably in advance of settling or compromising such claim or proceeding and shall obtain Grand Mesa, LLC,'s concurrence thereto. D. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas. F. The signatories hereto shall be subject to all ordinances of the City, whether now existing or in the future arising. This Agreement shall confer no vested rights, as defined and referenced in Chapter 245 of the Texas Local Government Code, as amended, on the Property or Grand Mesa, LLC,. G. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto, including their respective successors and assigns and upon all future owners of the Property. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. Grand Mesa, LLC, warrants and represents that the individual executing this Agreement on its behalf has fall authority to execute this Agreement and bind Grand Mesa, LLC, to same. H. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. I. This Agreement shall be filed in the Real Property Records of Denton County, Texas. The provisions of this Agreement shall be deemed to run with the land and shall be binding on heirs, successors and assigns of Grand Mesa, LLC, and all future owners of the Property. Upon any sale or other transfer of ownership rights in the Property, Grand Mesa, LLC, shall notify the City in writing of such sale or transfer within forty-five (45) days of such sale or transfer. Such provision is a material term of this Agreement. J. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United 6 States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Notices may be given via facsimile at the numbers below. Any party may change its address or fax no. for notices under this Agreement by giving written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, each party agrees to keep the other informed at all times of its current address and fax no. To City: City Manager City of Denton City Hall 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 To: John H. Plott, Owner Grand Mesa, LLC P.O. Box 20183 Tuscaloosa, AL 35402 205-345-5678 205-752-3245 Fax K. Time is of the essence in the performance of this Agreement. L. Grand Mesa, LLC, represents that this Agreement is entered into by Grand Mesa, LLC, pursuant to authority granted by its Board of Directors to its Managing Director. A copy of a corporate resolution of Grand Mesa, LLC, authorizing this Agreement is attached hereto and made a part hereof as Exhibit B. M. This Agreement is authorized by the City Council of the City at its meeting on the day of , 2010, authorizing the City Manager to execute this Agreement on behalf of the City. A copy of the City Council's ordinance authorizing this Agreement is attached hereto and made a part hereof as Exhibit C. N. Except as provided below this Agreement may not be assigned in whole or in part without the prior written approval of the parties. This Agreement may be assigned in whole by Grand Mesa, LLC, without the prior written approval of the City, (1) for the limited purpose of Grand Mesa, LLC,'s holding the underlying property in trust pursuant to effecting a Section 1031 Exchange, or (2) to a single entity that is responsible for operating and maintaining the Property as an oilfield remanufacture/maintenance facility, or (3) to an affiliate of Grand Mesa, LLC,. Partial assignments are permitted without the prior written consent of the City so long as the assignment occurs after the completion of the Minimum Improvements and the partial assignment is to an entity having fee simple 7 title to the portion of the Property corresponding to the partial assignment. However, no assignment, whether in whole or in part will not take effect until City is provided written notice of such assignment and a copy of same. 0. Grand Mesa, LLC, hereby agrees that any land or property it donates to the City for any public improvements is roughly proportional to the need for such land and Owner hereby waives any claim therefore that it may have. Grand Mesa, LLC, further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of this Program. Both Grand Mesa, LLC, and the City further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of this Project. P. In the unlikely event that the City's covenants to make future payments in this Agreement should be illegal, invalid or unenforceable, then, and only then, the following clause shall be incorporated in and govern this Agreement: Payments Subject to Future Appropriations. All payments by the City to Grand Mesa, LLC, under this Agreement are subject to City's appropriation of funds for such payments in the budget year for which they are made. The payments to be made to Grand Mesa, LLC„ if paid, shall be made solely from annual appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for the implementation of Article III, Section 52a of the Texas Constitution or Chapter 380 of the Local Government Code or any other economic development or financing program authorized by statute and the Texas Constitution, subject to any applicable limitations or procedural requirements. In the event the City does not appropriate funds in any fiscal year for payments due to Grand Mesa, LLC, under this Agreement, City shall not be liable to Grand Mesa, LLC, for such payments, and Grand Mesa, LLC, shall have the right but not the obligation to rescind this Agreement; provided however, (i) City shall remain liable for its obligations under Article V. Paragraph O hereof, and (ii) Grand Mesa, LLC, shall not be obligated to refund any payments theretofore made to Grand Mesa, LLC, pursuant to this Agreement, as the payment by City of such payments shall be proof that the City duly appropriated the funds for the budget year in which such payments were made. To the extent there is a conflict between this paragraph and any other language or covenant in this Agreement, this paragraph shall control. Q. This Agreement shall be effective as of the last date of signature of a party hereto as evidenced by the acknowledgment date for such signature (the "Effective Date"). 8 This Agreement is effective as of the Effective Date. CITY OF DENTON, TEXAS BY: GEORGE A. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: ANITA BURGESS, CITY ATTORNEY BY: GRAND MESA, LLC, An Alabama Limited Liability Company BY: John H. Plott Owner 9 i ACKNOWLEDGMENTS STATE OF TEXAS } COUNTY OF DENTON } The foregoing Economic Development Program Agreement was executed before me on the _ day of 2010 by George A. Campbell, City Manager of the City of Denton, Texas, a Texas municipal corporation, on behalf of said municipal corporation. Name: Notary Public in and for the State of Texas i STATE OF TEXAS } COUNTY OF DENTON } i The foregoing Economic Development Program Agreement was executed before me on the _ day of , 2010 by John H. Plott, Owner of Grand Mesa, LLC„ an Alabama corporation. Name; Notary Public in and for the State of Alabama 10 Exhibit A TIME15,21 FlLEo2119--BIXlONN-9iAVEV-oie8lM.dry THQS, w. DAUGHERTY SURVEY AB5Ff'RACT No. 357 I cwamlx~ ~ qo~i. e~acx i I ~~e. ~~mx ~ w.pa . awi . ill ~ r m u sxiK J ~x~xcB, ,R%o r~ io vexK C R - ~ _v y I 'r•Elcx. S55 IJq[S~E, BRpN1E ! NIFE, 7-is ° .c y N Nr £ I- "N a kF£¢$ Iz ~a ~~e~c-0r~~ y l I ¢3 ° m R F1 a _ R - Nvo 2G-',15~£' _ _ 4; NOO°573o•E' I d'g a i 329.85' E~ ¢.ie<-~ .~0 760.75' I~ ~ d w ~ m 4 n }j k pis a s S3 is i'4 FvG MRSPi ~R ~ III - --I I'__ a t 1x7 ~m g w $ w~€„ R ~R a y' r°-'°-~~~-=-~ S 'o mG% J a~ry~ :flY- ° I~ o~i~°~~~£ I a II e?~. I~ III VIII u ~ f o N m `o : o ~ ~ yy I I I 1 I I S ~ £ S I F, I I. it I! q' ❑ 58R~A'~o~~~98 i 4Stli S E ppp¢S p 41 III m 1 1 1 1 3 1 1 8 ° O G j ~r ; = I ! IiI1 j~t~'I'III e, _ N ~ ~ a s & $ w ~ ~~~~qR~~~~~g~ ~~~~~n~~a yN I III II;Il aNL~ &¢l RYgipSl£ F." F ~ m F~2 ~ I ~I I~gill d€pi R~ F.~F F fS` III I~I II ~i~ n?: I~ I I~~I Iilll F a I ~ ,ww. o~a E 55 3q s 5' ' c A~g W N S w.°py I I IiF yp a~66mPi gQr T S$ X jig ya4 m q~ S, ~ W I ` f $ I e¢ a'd i llllr Sa i a A ~ ~Y~ M1S ^ m N 4 i on y .~6R~^ ~ F. I _ w w I _ g$ ~1 q '\~ci y E~ : " a, ze z6ras I I R 8 9 B" q~9 $ L5 I ~y~""i ) F-S S 5 2 ~'g y$w x a a a S x aM?~-~s5~ 2a Pn 14 q_e a R 93 SR a~g ; R R 9&1 I19a § f~ ~aC 45a . $ Ss ~ ilt vs n R1 19 }Iw ~ ~ ~ ~ 0~ ~ ~g e ~ ~ .~rla~ ~ I ga [A ~ z as ~ ~ ~ c v $ i tf'~ 91 s G R d as Pad g~ it I g 42 t€ € ii El s.. 1,16 1 1 H9 41 I3Ok1ML)ARY KmEy m a. X19 WINN & ASSOCIATES, INC. a TWO TRACTS qp A ENGINEERS SURVEYORS LARD PLANNERS LOCATEb W THE THE Q3. BREWSTER SURVEyY. AM BSTR~C'T Na 6& lal IWiRNGA RV¢, = A A mxq, wx6 ]m15 wm 1¢1 w-m ® Cfll' OF DENTCN, OENTON COUMFY. TEXAS r ars es NM plwe *FIELD NOTES* TRACT 1 BEING A TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO SFT INDUSTRIAL, L.P., RECORDED IN INSTRUMENT NUMBER 2008-69642, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND A PORTION OF LOT 1 B, BLOCK 1, GRANITE POINTE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET W, PAGE 753-757, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A PK NAIL SET IN CONCRETE IN THE WEST RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 35W, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY), BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 1A OF SAID BLOCK 1, FROM WHICH A CONCRETE TxDOT MONUMENT FOUND BEARS N 01°1018" W, 65.51 FEET; THENCE S 01°10'18" E, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 35W, A DISTANCE OF 112.36 FEET TO CONCRETE TxDOT MONUMENT FOUND; THENCE S 23°10'30" W, A DISTANCE 172.63 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC", BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 5,505.90 FEET, A DELTA ANGLE OF 4°33'48", A CHORD BEARING S 22°34'04" W, 438.40 FEET, AND AN ARC LENGTH OF 438.51 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC"; THENCE N 69°43'26" W, A DISTANCE OF 287.46 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC"; THENCE S 88°40'51" W, A DISTANCE OF 1,059.09 FEET TO A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC" IN THE EAST LINE OF LOT 2, BLOCK A, CORBIN ROAD INDUSTRIAL PARK, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET Y, SLIDE 411, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE N 00°26'33" E, ALONG THE EAST LINE OF LOT 2, BLOCK A, OF SAID CORBIN ROAD INDUSTRIAL PARK, A DISTANCE OF 328.85 FEET TO A 112" IRON ROD FOUND IN THE EAST LINE OF LOT 1, BLOCK A, OF SAID CORBIN ROAD INDUSTRIAL PARK; THENCE N 00°57'30" E, ALONG THE EAST LINE OF LOT 1, BLOCK A, OF SAID CORBIN ROAD INDUSTRIAL PARK, AT 301.54 FEET PASSING A 112" IRON ROD FOUND WITH A CAP STAMPED "WIER & ASSOC. INC", BEING THE SOUTHWEST CORNER OF SAID LOT 1 B, AT 503.67 FEET PASSING A 518" SQUARE PIPE FOUND, BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES E. BROWNE AND WIFE, MARY JANE BROWNE, RECORDED IN INSTRUMENT NUMBER 2007-50886, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND THE SOUTHEAST CORNER OF OF LOT 2, BLOCK B, CORBIN ROAD INDUSTRIAL PARK, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET X, PAGE 90, PLAT RECORDS, DENTON COUNTY, TEXAS, CONTINUING IN ALL A DISTANCE OF 760.75 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC", BEING THE NORTHWEST CORNER OF SAID LOT 1 B IN THE WEST LINE OF SAID MASON (TRACT 1); THENCE N 88°33'33" E, ALONG THE NORTH LINE OF SAID LOT 1 B, A DISTANCE OF 1183.55 FEET TO AN X-CUT SET IN CONCRETE; THENCE S 01 026'27" E, DEPARTING THE NORTH LINE OF SAID LOT 1 B, A DISTANCE OF 41.00 FEET TO AN X-CUT SET IN CONCRETE; THENCE N 88°33'33" E, A DISTANCE OF 168.70 FEET TO AN X-CUT SET IN CONCRETE; THENCE S 01°26'27" E, AT 103.83 FEET PASSING A WEST CORNER OF SAID LOT 1A AND AN EAST CORNER OF LOT 1 B, AND CONTINUING IN ALL A DISTANCE OF 293.80 FEET TO AN X-CUT SET IN CONCRETE; THENCE ALONG THE EAST LINE OF SAID LOT 1 B AND THE WEST LINE OF SAID LOT 1A AS FOLLOWS: S 20°16'34" W, A DISTANCE OF 73.03 FEET TO AN X-CUT SET IN CONCRETE; S 03°37'42" W, A DISTANCE OF 61.00 FEET TO AN X-CUT SET IN CONCRETE, BEING THE SOUTHEAST CORNER OF SAID LOT 1 B AND THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 1AAND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG THE SOUTH LINE OF SAID LOT 1A AS FOLLOWS: ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A DELTA ANGLE OF 16°38'52", A CHORD BEARING S 78°02'52" E, 136.08 FEET AND AN ARC LENGTH OF 136.56 FEET TO AN X-CUT FOUND; S 69°43'26" E, A DISTANCE OF 88.35 FEET TO THE PLACE OF BEGINNING AND CONTAINING 36.026 ACRES (1,569,294 SQUARE FEET) OF LAND, MORE OR LESS. *FIELD NOTES* TRACT 2 BEING A TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO SFT INDUSTRIAL, L.P., RECORDED IN INSTRUMENT NUMBER 2008-69642, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CONCRETE TxDOT MONUMENT FOUND IN THE EAST LINE OF SAID SFT TRACT AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W, (A VARIABLE WIDTH PUBLIC RIGHT-OF- WAY), FROM WHICH A PK NAIL FOUND BEARS N01 °10'18"W, 112.36, SAID PK NAIL BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 1A, BLOCK 1, GRANITE POINTE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET W, PAGE 753-757, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE N 88°49'42" E, ALONG THE EAST LINE OF SAID SFT TRACT AND THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 35W, A DISTANCE OF 24.90 FEET TO AN X CUT FOUND, FROM WHICH A 112" IRON ROD FOUND BEARS N 88°49'42"E, 45.00 FEET; THENCE S 23°10'30" W, LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 35W, A DISTANCE 182.32 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", BEING THE BEGINNING OF A NOW TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 5,528.58 FEET, A DELTA ANGLE OF 4°32'19", A CHORD BEARING S 22°33'41" W, 437.82 FEET, AND AN ARC LENGTH OF 437.93 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC THENCE N 69°43'26" W, A DISTANCE OF 22.76 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC", BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG SAID NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 5,505.90 FEET, A DELTA ANGLE OF 04°33'48", A CHORD BEARING N 22°34'04" E, 438.40 FEET, AND AN ARC LENGTH OF 438.51 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC"; THENCE N 23°10'30" E, A DISTANCE OF 172.63 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.321 ACRES (13,966 SQUARE FEET) OF LAND, MORE OR LESS. * N 0 T E S * 1. ACCORDING TO SURVEYOR'S INTERPRETATION OF INFORMATION SHOWN ON THE SPECIFIC NATIONAL FLOOD INSURANCE PROGRAM (NFIP) "FLOOD INSURANCE RATE MAP" (FIRM, REFERRED TO ELSEWHERE ON THIS SURVEY, SOME PORTIONS OF THIS PROPERTY LIE WITHIN A "SPECIAL FLOOD HAZARD AREA (SFHA) INUNDATED BY 100- YEAR FLOOD" ZONE AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FEDERAL INSURANCE ADMINISTRATION, OR THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 2. THE ABOVE REFERENCED "FIRM" MAP IS FOR USE IN ADMINISTERING THE "NFIP"; IT DOES NOT NECESSARILY SHOW ALL AREAS SUBJECT TO FLOODING, PARTICULARLY FROM LOCAL SOURCES OF SMALL SIZE, WHICH COULD BE FLOODED BY SEVERE, CONCENTRATED RAINFALL COUPLED WITH INADEQUATE LOCAL DRAINAGE SYSTEMS. THERE MAY BE OTHER STREAMS, CREEKS, LOW AREAS, DRAINAGE SYSTEMS OR OTHER SURFACE OR SUBSURFACE CONDITIONS EXISTING ON OR NEAR THE SUBJECT PROPERTY WHICH ARE NOT STUDIED OR ADDRESSED AS PART OF THE "NFIP". 3. THE LINE INDICATED HEREON DEPICTS THE APPROXIMATE GRAPHICAL LOCATION OF THE FLOODPLAIN BOUNDARY FOR A "SPECIAL FLOOD HAZARD AREA INUNDATED BY 100-YEAR FLOOD" ZONE ACCORDING TO SURVEYOR'S INTERPRETATION OF THE FLOODPLAIN BOUNDARY GRAPHICALLY DEPICTED ON THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) "FLOOD INSURANCE RATE MAP" (FIRM), COMMUNITY-PANEL NUMBER 48121 C0360 E, MAP EFFECTIVE AT APRIL 2, 1997 (THE APPROXIMATE GRAPHICAL LOCATION OF THE FLOODPLAIN BOUNDARY SHOWN ON THIS SURVEY HAS NOT BEEN FIELD VERIFIED OR CONFIRMED BY CURRENT IN-FIELD SURVEYS, AND THE ACTUAL LOCATION OF THE FLOODPLAIN BOUNDARY MAY VARY FROM THAT APPROXIMATE LOCATION SHOWN HEREON). 4. THE UNDERGROUND UTILITIES SHOWN HEREON HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THIS SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THIS SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN HEREON ARE IN THE EXACT LOCATION INDICATED. THIS SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. 5. ALL 112" IRON RODS SET WITH CAP STAMPED "WIER & ASSOC, INC", UNLESS NOTED OTHERWISE. 6. ALL BEARINGS CORRELATED TO THE NORTH LINE OF LOT 1 B, BLOCK 1 GRANITE POINT PHASE 1, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CAB. W, SL. 753-757 P.R.D.C.T. (N88°33'33"E). 7. THIS SURVEY WAS PREPARED WITH BENEFIT OF A CURRENT COPY OF COMMITMENT FOR TITLE INSURANCE PREPARED BY REPUBLIC TITLE OF TEXAS, G.F. No. 1OR23291 WR8, EFFECTIVE DATE JULY 20, 2010, ISSUE DATE JULY 27, 2010. 8. PROPERTY IS SUBJECT TO BRAZOS RIVER TRANSMISSION ELECTRIC CO-OP EASEMENT RECORDED IN VOLUME 306, PAGE 603, D.R.D.C.T., PROPERTY LINES WITHIN THE METES AND BOUNDS LIMITS OF THE DESCRIPTION IN SAID INSTRUMENT, BUT SURVEYOR IS UNABLE TO LOCATE EXACT LOCATION OF EASEMENT WITHIN THOSE LIMITS. 9. SURVEYOR IS UNABLE TO ACCURATELY LOCATE T.P. & L. EASEMENTS RECORDED IN VOLUME 288, PAGE 39, VOLUME 295, PAGE 302, VOLUME 402, PAGE 582, VOLUME 505, PAGE 627, VOLUME 327, PAGE 489, AND VOLUME 505, PAGE 630, D.R.D.C.T., DUE TO POOR DESCRIPTIONS CONTAINED THEREIN. 10. THE MINERAL ESTATE AND INTEREST RECORDED IN VOLUME 266, PAGE 591 AND VOLUME 296, 282, D.R.D.C.T. QUITCLAIMED IN VOLUME 5056, PAGE 2992, D.R.D.C.T. AND DO AFFECT THE SUBJECT PROPERTY. 11. THE PROPERTY IS SUBJECT TO THE MINERAL ESTATE AND INTEREST RECORDED IN VOLUME 557, PAGE 649, VOLUME 5304, PAGE 5736, INST# 2004-17004, INST# 2008-69642, INST# 2005-68551, INST# 2005-33918, INST# 2004-74717, VOLUME 5043, PAGE 3391, AND VOLUME 5064, PAGE 1875, D.R.D.C.T. 12. THE TERMS, PROVISIONS AND CONDITIONS AS EVIDENCED BY CITY OF DENTON ORDINANCE NO. 2008-058 AND RECORDED IN INST# 2008- 38592 D.R.D.C.T., DO AFFECT THE SUBJECT PROPERTY. 13. THE EASEMENTS RECORDED IN VOLUME 546, PAGE 684; VOLUME 1018, PAGE 867; AND VOLUME 2202, PAGE 759 DO NOT AFFECT THE SUBJECT TRACT. AGENDA INFORMATION SHEET AGENDA DATE: August 17, 2010 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Attached is a list of outstanding nominations for board and commission positions. Nominations made at this meeting could be voted on with the provision that the individuals meet all required qualifications. The Health and Building Standards Commission vacancy is due to Colleen Kelley moving outside the City limits. This is an alternate position and a nomination for any council member. Phil Gallivan has indicated that he no longer wishes to be on the TMPA Board. Any council member can make a nomination for this vacancy. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary BOARD AND COMMISSION NOMINATIONS Board Council Nomination Member Health and Building Standards Cmsn. All-Alt. position Human Services Advisory Cmte. Watts Library Board Engelbrecht TMPA Board All Zoning Board of Adjustment Kamp