Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
August 2, 2011 Agenda
AGENDA CITY OF DENTON CITY COUNCIL August 2, 2011 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 2, 2011 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for August 2, 2011. 3. Receive a report, hold a discussion, and give staff direction regarding a proposed parking ordinance for portions of the Denia Neighborhood related to activities at the UNT football stadium. 4. Receive a report, hold a discussion and give staff direction regarding revisions to the Denton Property Maintenance Code. 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. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding the status and potential settlement of pending litigation styled Love's Travel Stops & Country Stores v. City of Denton, Cause No. 2010-50304-367, currently pending in the 367th District Court, Denton County. B. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more City of Denton City Council Agenda August 2, 2011 Page 2 or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. 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 granting economic development incentives to a property owner for the purpose of redeveloping a major retail facility in the City of Denton, located at Loop 288 and I-35E. This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have the property redeveloped in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. 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. 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 City of Denton City Council Agenda August 2, 2011 Page 3 "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Rebekah Hinojosa regarding Denton Beyond Coal Campaign. 4. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - H). 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 - H 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 amplified sound on a Sunday and an increase in decibels from 70 to 75 for an outdoor concert sponsored by Red Bull North America, Inc. Live music would be performed on Sunday, August 28, 2011, in Lucky Lou's parking lot located at 1207 W. Hickory Street. The exception is requested for an increase in amplified sound to 75 decibels on Sunday from noon to 2:00 p.m. for a sound check and from 5:30 p.m. until approximately 10:00 p.m. Staff recommends approval of the applicant's request. B. Consider and confirm the re-appointment by the City Manager of Abraham Benavides to the Civil Service Commission. C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Hybrid Bucket Trick for the City of Denton Electric Department; providing for the expenditure of funds from the American Recovery and Reinvestment Act Grant in the amount of $48,041 therefor; and providing an effective date (File 4763-Purchase of Hybrid Bucket Trick for the City of Denton Electric Department awarded to Rush Trick Center, Crane in the amount of $132,751 and Altec, Inc. in the amount of $140,713 for a total award amount of $273,464). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda August 2, 2011 Page 4 D. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the constriction of the Preston and Brown Street 8" Sanitary Sewer Replacement/FM 2499 Utility Relocation Hickory Creek Outfall for the City of Denton (Bid Number 4721); and providing an effective date. The Public Utilities Board recommends approval (4-0). E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said Agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Council Airport Committee recommends approval (3-0). F. Consider adoption of an ordinance accepting a deed from Forestar (USA) Real Estate Group, Inc., a Delaware Corporation, conveying to the City of Denton an approximate 15378 acre tract situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas for Park and Recreation purposes; and providing an effective date. G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Landscape and Maintenance Agreement between the City of Denton and the Preserve at Pecan Creek Homeowners Association Inc., a Texas Non- Profit Corporation regarding a 15378 acre tract of land located in the Gideon Walker Survey, Abstract Number 1330, City and County of Denton, Texas; and providing an effective date. H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton Texas, as Buyer and Krista M. Black and Joel N. Fountain, as Seller, contemplating the sale to and purchase by the City of Denton of an approximate 0.94 acre tract of real property in the M. Yoachum Survey, Abstract Number 1442, Denton County, Texas, being the tract conveyed from Geneva Potts Trust to David Lee Dosier, et ux, recorded in Volume 4130, Page 453, Real Property Records, Denton County, Texas, also known as 228 Mockingbird Lane, Denton, Texas, for the purchase price of one hundred eighteen thousand five hundred and no/100 dollars ($118,500.00); authorizing the City Manager to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. This property will be used to enlarge E. J. Milam Park. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. CONTINUED - Consider adoption of an ordinance of the City of Denton, Texas, approving a 1,805.78 acre detailed plan to amend two (2) previously approved detail plans. The subject detail plan will allow (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previous gas park (Gas Park 13) City of Denton City Council Agenda August 2, 2011 Page 5 approximately 307 feet north from previously approved location; and (5) the elimination of a previously approved gas park (Gas Park 9). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0021, Robson Ranch Planned Development, PD-173) The Planning and Zoning Commission recommends approval subject to conditions (4-1). B. Consider nominations/appointments to the City's boards and commissions. 1. Community Development Advisory Committee 2. Health & Building Standards Commission 3. Historic Landmark Commission 4. Library Board 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 14 and 23 of the Denton Development Code (DDC) regarding parking requirements for studio/efficiency and one- bedroom multifamily dwelling units and to provide a definition for Dwelling Units, Efficiency and Studio Apartment; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (1)('A11-0002) The Planning and Zoning Commission recommends approval (6-0). 7. CONCLUDING ITEMS A. 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. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda August 2, 2011 Page 6 C. 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 2011 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 2, 2011 DEPARTMENT: Police ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding a proposed parking ordinance for portions of the Denia Neighborhood related to activities at the UNT football stadium. BACKGROUND The University of North Texas (UNT) will open a new football stadium south and east of the intersection of I-35E and Bonnie Brae. The first scheduled event for the stadium will be the inaugural UNT home football game on September 10, 2011. The stadium plan includes a limited amount of parking on site, while the majority of the stadium parking is intended for the lots around Fouts Field and other on-campus parking venues. Representatives from UNT developed traffic plans for entry and exit of vehicles, including the use of manned traffic control points on surrounding streets. The Denia Area Community Group (DACG) includes streets that border the new stadium location. The DACG has voiced strong concerns related to traffic and parking issues associated with the new UNT football stadium. Specifically, they are concerned about traffic being directed into and through neighborhood streets, creating access issues for neighborhood residents. Further, they are concerned that attendees at stadium events will utilize neighborhood streets as a free parking alternative due to the proximity to the stadium. In addition to the substantial inconvenience to residents, the DACG believes this will serve to reduce property values in the neighborhood. Several Council members along with City staff met with representatives from the University of North Texas and DACG on several occasions as stadium constriction and traffic plans were being developed. Based on these meetings, staff developed a parking plan intended to reduce the identified impact of stadium events on the neighborhood. Parking Plays Staff proposes an ordinance establishing a "Resident Only" parking program for on-street parking for a portion of the Denia area neighborhood. The area affected would be bounded by I-35E to the north, McCormick Street to the east, Willowwood Street to the south, and Bonnie Brae to the west. Residents that reside in the affected area would have the option to purchase resident parking permits issued by the City of Denton. The permit Agenda Information Sheet August 2, 2011 Page 2 will be in the form of a placard to be hung on the inside rear view mirror facing the vehicle window. Guest and temporary permits would also be available for purchase. The permit is valid beginning September 1 and ending on August 31 of the following year. All permits will be available at the Denia Recreation Center. Prior to the start of stadium events, the City will conspicuously post signs indicating the locations and times for which parking is by permit only and indicating that unauthorized vehicles may be towed at the expense of the owner or operator in accordance with Section 684.053 of the Texas Transportation Code. The resident parking only zones becomes effective upon the posting of signs in the zone. The Police Department will provide personnel to patrol the affected neighborhood before, during and after the event. Permit Costs The cost of the annual permit is $5.00 per vehicle. One permanent guest pass shall be issued for each vehicle permit purchased, up to a limit of three (3) guest passes per residence. Temporary passes to accommodate large gatherings would also be available for purchase at a cost of $2.00. Temporary passes shall be valid for a single day only and will be provided on an individual basis. Program Evalltation Staff intends to evaluate the parking plan after the first four UNT home football games of the 2011 season. Any necessary changes will be brought back to the City Council for consideration. OPTIONS 1. Council can direct staff to bring the ordinance forward for approval as written. 2. Council can direct staff to make additional changes to the ordinance. 3. Council can reject the ordinance. RECOMMENDATION Staff recommends that Council approve the ordinance as written. PRIOR ACTION/REVIEW None. FISCAL IMPACT Implementation of the parking plan will incur some financial expenditure. Staff estimates that proper signage for the affected neighborhood streets will require the purchase of twenty-one (21) signs and stands at a total cost of $3,112.56. In addition, staff estimates a cost of $900.00 to design and purchase the parking permits. While proceeds for the sale of the permits may off-set that cost, staff does not have an accurate estimate of the Agenda Information Sheet August 2, 2011 Page 3 number of resident and temporary permits that will actually be sold. Finally, staff estimates the use of up to four (4) police officers and one (1) supervisor to monitor and patrol the neighborhood as well as manage the signs and barricade for each event, at an estimated cost of $1,536.00 per event. EXHIBITS Ordinance Parking Map PowerPoint Presentation Respectfully submitted, Paul W. Abbott Chief of Police Prepared by: Scott Fletcher, Captain sAlegal\our documents\ordinances\11\denia resident only parking.doc ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENT ONLY PARKING PROGRAM IN A PORTION OF THE DENIA NEIGHBORHOOD TO ADDRESS HAZARDOUS CONDITIONS CAUSED BY ADJACENT USES AND TO PROTECT THE RESIDENTS OF THIS NEIGHBORHOOD FROM HARMFUL CONDITIONS AND PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THIS NEIGHBORHOOD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to establish a "Resident Parking Only Program" for residential streets in a portion of the Denia Neighborhood within the City of Denton, Texas in light of hazardous traffic conditions to residents and children, caused by the use of residential streets for parking by persons using adjacent educational, stadium, commercial, and industrial facilities, by those who do not reside in the neighborhood; and WHEREAS, the City Council desires to protect the residents of this neighborhood from polluted air, excessive noise, trash and refuse and from unreasonable burdens in gaining access to their residences; and WHEREAS, the City Council further desires to preserve the character of the Denia residential districts; and ` WHEREAS, the City Council deems this program in the public interest to promote efficiency in maintenance of the streets in a clean and safe condition in this neighborhood; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Creation of "Resident Parking Only Program." There is hereby created a "Resident Parking Only Program" in a portion of that neighborhood known as the "Denia Neighborhood" and bounded by I-35 to the north, McCormick Street to the east, Willowwood Street to the south, and Bonnie Brae to the west, and as further illustrated by the map attached hereto as "Exhibit A" and incorporated as though set forth herein. The Chief of Police shall be charged with monitoring the effectiveness of this program and may request review by the Council of the City of Denton, as necessary. SECTION 2. Definitions. (1) City manager means the city manager or his designee. (2) Resident parking only zone means any designated on-street parking spaces within a residential area where only resident motor vehicles displaying a valid permit may park. (3) Permit means a resident parking only permit issued by the city manager under this article. The permit will be in the form of a placard clearly displayed in the vehicle window. sAlegakour documents\ordinances\11\denia resident only parking.doc (4) Guest pass means a temporary parking pass issued by the city manager under this article. The pass will be valid for a period of one year. The pass will be in a form designed to hang from a vehicle's rear view mirror. (5) Temporary pass means a temporary parking pass issued by the city manager under this article. The pass will be valid for a period of one day and will be in a form designed to hang from a vehicle's rear view mirror. (6) Block shall mean that portion of one side of a street situated between two (2) cross streets. An alley shall not be considered as establishing the boundary of a block for purposes of this article. (7) Vehicle shall mean a vehicle as defined by the Texas Transportation Code "Rules of the Road." SECTION 3. Designation of resident parking only zones. (a) The city manager may, in consultation with the Denia neighborhood, designate resident parking only streets in the Denia Neighborhood as the city manager determines necessary to provide for the parking needs of the residents of that neighborhood based upon the following criteria: (1) The street(s) proposed for the program shall consist of low density residential uses. The city manager will determine the days and time of the restricted parking based upon traffic and parking patterns generated by adjoining uses and will include input from the residents of the Denia neighborhood. (2) Traffic control requirements as determined by the Police and Traffic Engineering departments shall be considered. (b) Marked service, delivery, city and state vehicles while parked for the purpose of providing service, delivery or conducting official business in the resident parking only zone are exempt from application of this article. (c) The City shall conspicuously post signs indicating the locations and times for which parking is by permit only and indicating that unauthorized vehicles may be towed at the expense of the owner or operator in accordance with section 684.053 of the [Texas] Transportation Code. A resident parking only zone becomes effective upon the posting of signs in the zone. (d) The costs for the establishment of a resident parking only zone are five dollars ($5.00) annual fee for each resident parking only permit, per vehicle. Page 2 sAlegal\our documents\ordinances\I l\denia resident only parking.doc SECTION 4. Resident parking only permit. (a) The City Manager shall, upon designation of resident only parking streets and payment of the permit fee, issue resident parking only permits to any person who resides in the resident parking zone sufficient for that person's vehicles, including any vehicles owned by other family members residing at the same address. (b) The application for a permit must contain the name, home address, and driver's license number of the resident or property owner applying for the permit(s) and the number of permits needed. (c) To prove residency within the residential parking only zone and to verify the contents of the application, the applicant shall present at the time of application: (1) A valid Texas driver's license showing the applicant's current home address; or (2) A valid Texas motor vehicle registration for the motor vehicle to be parked in the resident parking only zone, showing the applicant's current home address; or (3) A residential utility bill showing the applicant's current home address. (d) When a vehicle other than a service, delivery, city or state vehicle making a delivery or conducting official business is parked in a resident parking only zone, the permit must be conspicuously displayed by suspending from the inside rearview mirror. On motorcycles and trailers, such permit may be placed at a convenient location at or near the vehicle's license plate. (e) A permit authorizes the holder to park a vehicle at any time in a resident parking only zone, unless such parking is prohibited or restricted by regulations other than those established under this article. (f) A permit is not transferable or assignable. (g) A permit is valid for one year beginning September 1 and ending August 31 of the following year. Permits may be renewed by applying in accordance with provisions of this article. (h) A lost, stolen or destroyed permit may be replaced for a two dollar ($2.00) fee. The permit holder must sign an affidavit stating that the permit was lost or stolen or provide physical verification that the permit has been destroyed. If a vehicle is sold, the permit holder may remove the permit and use it in lieu of the aforementioned signed affidavit. Page 3 sAlegal\our documents\ordinances\11\denia resident only parking.doc (i) One permanent guest pass shall be issued for each vehicle permit purchased, up to a limit of three (3) guest passes per residence. 0) Temporary passes are available to accommodate large gatherings within the residential parking only zone. Temporary passes shall be valid for one day only and will be provided on an individual basis. A fee of two dollars ($2.00) per pass shall be charged to recover administrative costs. The total fee for all temporary passes for a single event shall not exceed ten dollars ($10.00) and the number of temporary passes issued shall not exceed the available curb space within one block of the location of the large gathering. (k) Issuance of a resident parking only permit does not limit either the city or the state's ability to perform emergency repairs, maintenance, construction or reconstruction of the roadway, and performing emergency repairs, maintenance, construction or reconstruction of the roadway does not create a cause of action against either the city or the state. SECTION 5. Removal of residential parking permit zone. A residential parking permit zone may be removed by either of the following methods: (a) The City Manager may, in consultation with the Denia neighborhood, determine to remove the resident permit parking zone. (b) A petition may be filed in the traffic engineering department signed by the residents who own or occupy sixty (60) percent of the linear footage of the numerical street block requesting the removal of the "Resident Parking Only" signage. Such a petition shall not be considered within two (2) years of implementation of the zone. (c) If the resident-only parking is located on a state maintained roadway, the state may, at its sole discretion upon a finding that traffic conditions have so changed that the existence of the roadway facility under the "Resident Parking Only" program is impeding maintenance, damaging the highway facility, impairing safety or that the roadway facility is not being properly operated, or if for any other reason it is the state's judgment that such use is not in the public interest, approval for the "Resident Parking Only" program on state maintained roadways may be: (1) modified, if corrective measures acceptable to both parties can be applied to eliminate the objectionable uses of the roadway facility, or (2) terminated and use of the area for "Resident Parking Only" discontinued. SECTION 6. Offenses; towing. (a) A person commits an offense if he: (1) Parks a motor vehicle in a resident parking only zone without displaying a valid permit, guest pass or temporary pass on the vehicle as required by this article; or Page 4 s:\legal\our documents\ordinances\I I\denia resident only parking.doc (2) Falsely represents himself as being eligible for a resident parking only permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a permit. (b) Further, the city, acting through its police department, may tow or cause to be towed any unauthorized vehicles parked in designated residential parking only zones during the hours of enforcement of such zone as permitted by Chapter 684 of the Texas Transportation Code. SECTION 7. Penalty. If found guilty of an offense under this Chapter, the punishment may be a fine not to exceed five hundred dollars ($500.00). SECTION 8. Effective date. This Ordinance is effective upon publication as required by the Denton City Charter. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: f Page 5 UNT Area 7T E _]3 'IT- L LL~ 1 1 E LL" 11 UNT Stadium - t - SITE M i It O 1 F -i - T Willowwood FF _ C_ - T ~ - LL' City of Denton Legend Planning I and Development " 221 N. Elm Street aoinrs 0 mww 500 250 0 500 Feet Denton. Texas 76201 (940) 349-8350 RE 91. oN es www. eiyofde nton. corn ers:~e ~~,e . cMdo~.ewn.6w how HdelSUrtes n .y o d.:.rors e. otrza.z. oma. j r1ki I R I I y d I 1 I I i i I I i - !f O 4-+ L 4 4-J m Q L O u ~ 4-J 4-J W O > vn U i 4-J O c~ CD ZD Z Q I ' F r I f f _ W - CO t; I I t `I I I 1 ~ o I { ,i m 1 V a-J V / W O • vi 4-J u 4-J c~ O (3) w O s p E 4-j cn O oC z u O cri O z } ' i w ( ~f _ I r f i w f I I n~ ~ m G r ~ E ` n ,,y U a .L o m'7 N W ~ m m O 'D ID n~ c ,y m C) n • ❑ Q O m 4- `m '0 v 0 N U , N C V I O O O W L S 4-J s U 4~ s O 0 4-J Z 4-J L O L O 4-J O 4-J - O c~ cn Q Q oC ~ a-J N m 0 a-J U 4-J Ul J Cie E 4-J ~ L 4-0 E " a~ O O 4 ~ _ O N 0 'a=+ : O Q 1..~ Z oC .i Jc: L 4-J E 4- L O a) a..i 0_0 a~ 4-J_ a~ _0 O a~ w 4-J =3 O 4-J cn u ~QLL QJ V L 4-j Q .v E O s E a~ v c~ > rc a~ Ln cv O O toll Ln O • O ' I I N O l0 4-+ M L a_+ r n L ~ I I I oC V Ova O LL u _ ~1 J i S ~ '~i I Ji AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding revisions to the Denton Property Maintenance Code. BACKGROUND On May 11, 2010 the City Council amended Denton Property Maintenance Code (DPMC). Following previously established procedure, the Code Enforcement Division maintained a list of any enforcement concerns or ordinance errors in anticipation of reconvening with the Citizens and Council Code Committees to discuss said issues. A joint meeting of the Citizens and Council Committees on Property Maintenance Code Issues was held on January 20, 2011 to review five staff recommended revisions to the DPMC. Four of the five ordinance revisions presented were approved unanimously by the membership of the two committees. The fifth recommended revision, outside storage, was sent back to staff with a request to simplify the language and abbreviate the length. The outside storage language was simplified with input from the Citizens Committee. RECOMMENDATION: Staff recommends adoption of all five revisions to the Denton Property Maintenance Code. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A joint meeting of the Council and Citizens Committees on Property Maintenance Code Issues was held on January 20, 2011. EXHIBITS Revised DPMC Changes - Redline Revised DPMC Changes - Clean Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer Prepared by: r,~ Y • &"'1~ Lancine Bentley Code Enforcement Division Manager Recommended DPMC Changes 17-2 Definitions. n b b b -41--fable > - allt , .,,,,d pe fii etle f t lie.if b u ~ Structure, Accessory: Any structure on the same lot with, and is incidental and subordinate to the principal structure. Flatwork, in-ground swimming pools and fences of walls used as fences are excluded. Out .vide storage means the b , , , storage, collection or safekeeping of any goods, materials, products, appliances, equipment, of containers that are not enclosed by a structure with walls on all four- (4) sides and a roof Outside storage does not include moveable toys such as tricycles of pedal cars. ,'tructure means b , kind. any piece of work artificially built up of composed of parts joined together- which requires location on, in, of above the ground of which is attached to something having a location on, in of above the ground. Flatwork of in-ground swimming pools are excluded. 17-35 Procedures for abating nuisance; exception. (c) For such nuisance on public property, the City shall give not less than 10 days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within 10 days affA that aE„°S+ ~ r,a t ~ m,b us+ m, aA I- of +I'° A- " The notice shall be mailed by certified mail with a five-day return requested, to the last known registered owner of the junk motor vehicle, any lienholder of record and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 10 days after the date of the return. (d) A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the Municipal Court. An order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. Sec. 17-40. Grass or weeds in excess of twelve inches in height declared a nuisance and prohibited. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City to fail to remove any weeds or grass growing in excess of 12 inches in height on said real property, including easements and rights-of-way. Rights Of Wa , d elude the p fope.4 , 1d ° 4n It is a violation of this section if the tall grass and weeds are visible from a right-of-way or an adjacent property. It shall be a defense to prosecution that the real property is owned by the State of Texas. g Sec. 17-60. Outside storage. In addition to complying with Environmental Protection Agency regulations, the International Fire Code, and all other applicable rules and regulations, outside storage shall comply with the following: (a) S-4-fall be loeated, fn the side of feaf ~,afdl ofil~, and, shall be opaquel~, sefeefled, -.1faffi Shall not be located in any portion of the front yard, and shall be screened from public view at all times. Screening shall be of natural vegetation, masonry, wood, metal, vinyl, PVC, of composite fence materials only, and shall be maintained in a state of good repair- at all times. At no time shall a tarp of any kind be used for screening. Play structures such as swing sets, jungle gyms and erected play areas, associated with a residential use, shall be exempt from the screening requirements. g 11. 1 anon of41-io"v f tfla r. rna ~in"+YA-l.T1LTL.S`•-rte ~.T. e>4n ®.-f r. (r g~ 5 ffef~ 5 IA T-histf; 5 b b b (b) Properties zoned IC-F of IC-G, and all industrial uses that are legally permitted are exempted from the requirements of paragraph (a) of this Section, provided that no items are stored in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. 1. It is an affirmative defense to prosecution that the following items are maintained in good repair, are for residential use, and are not a nuisance to the public: (a) Storage, collection, of safekeeping in a carport of: i. Building materials that are temporarily stored in a workmanlike manner- as part of, and in conjunction with, an active building permit; ii. Motorized lawn equipment; iii. Storage containers, if stored and maintained in an orderly manner- against a permanent wall; of iv. Household and yard tools, and household cleaning implements, if stored and maintained in an orderly manner against a permanent wall, using pegboards, shelves, hooks, storage containers, of tool chests. (b) A washer- of dryer which is connected and regularly used where the only washer- of dryer- connection is located under- a carport of breezeway. (c) Furniture designed for outdoor use. (d) Firewood stored and maintained in an orderly manner. (e) Smokers, barbeque grills, lawn maintenance equipment, and appliances designed for outdoor use, if in current use. 2. It is an affirmative defense to prosecution that the following items are maintained in good repair- and are not a nuisance to the public: (a) Play structures such as swing sets, jungle gyms and erected play areas of houses built and maintained as part of a playground located at a church, school, of state-regulated commercial daycare. Fes: A -+A Sec. 17-153. Exterior structure. The exterior of a structure or accessory structure must be maintained in good condition, structurally sound and kept clean and sanitary so as to protect the health, safety and general welfare of the public. (a) Protective treatment. Exterior surfaces, including but not limited to walls, windows, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good and reasonable condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting* or other protective covering or treatment. Peeling, flaking, chalking, and chipped paint shall be eliminated and surfaces repainted*. Siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. * "Pre-1978 housing tin.4's structures undergoing paint removal or stabilization where more than 20 square feet of an exterior surface will be disturbed, will require compliance with current "safe work practices" as defined by the Environmental Protection Agency. If the unit is tested prior to paint removal or stabilization and lead is not present, the "safe work practices" requirement will not apply." Sec. 17-154. Interior structure. The owner and manager shall maintain the interior of a structure and equipment in a good, structurally sound, and sanitary condition. Occupants shall maintain that part of the structure which they occupy or control in a clean and sanitary condition. The above conditions include, but are not limited to, the following: (a) The owner and manager shall maintain all structural members structurally sound, and capable of supporting the imposed loads. (b) The owner and manager shall maintain all interior surfaces, including windows, doors, ceilings, and walls, in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint* shall be repaired, removed, or covered. Deteriorated, crumbling, cracked, or loose plaster, decayed wood, and other defective surface conditions shall be corrected. * "Pre-1978 hens" ib tiii4s structures undergoing paint removal or stabilization where more than six square feet of an interior surface per room will be disturbed, will require compliance with current "safe work practices" as defined by the Environmental Protection Agency. If the unit is tested prior to paint removal or stabilization and lead is not present, the "safe work practices" requirement will not apply." Recommended DPMC Changes 17-2 Definitions. ,Structure, Accessorv: Any stricture on the same lot with, and is incidental and subordinate to the principal stricture. Flatwork, in-ground swimming pools and fences or walls used as fences are excluded. Outside ,Storage means the storage, collection, or safekeeping of any goods, materials, products, appliances, equipment, or containers that are not enclosed by a stricture with walls on all four (4) sides and a roof. Outside storage does not include moveable toys such as tricycles or pedal cars. Structure means any kind or any piece of work artificially built up or composed of parts joined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in-ground swimming pools are excluded. 17-35 Procedures for abating nuisance; exception. (c) For such nuisance on public property, the City shall give not less than 10 days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within 10 days. The notice shall be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junk motor vehicle, any lienholder of record and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 10 days after the date of the return. (d) A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the Municipal Court. An order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. Sec. 17-40. Grass or weeds in excess of twelve inches in height declared a nuisance and prohibited. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City to fail to remove any weeds or grass growing in excess of 12 inches in height on said real property, including easements and rights-of-way. It is a violation of this section if the tall grass and weeds are visible from a right-of-way or an adjacent property. It shall be a defense to prosecution that the real property is owned by the State of Texas. Sec. 17-60. Outside Storage. In addition to complying with EPA regulations, the International Fire Code, and all other applicable riles and regulations, outside storage shall comply with the following: a) Shall not be located in any portion of the front yard, and shall be screened from public view at all times. Screening shall be of natural vegetation, masonry, wood, metal, vinyl, PVC, or composite fence materials only, and shall be maintained in a state of good repair at all times. At no time shall a tarp of any kind be used for screening. Play strictures such as swing sets, jungle gyms and erected play areas, associated with a residential use, shall be exempt from the screening requirements. b) Properties zoned IC-E or IC-G, and all industrial uses that are legally permitted are exempted from the requirements of paragraph (a) of this Section, provided that no items are stored in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. 1. It is an affirmative defense to prosecution that the following items are maintained in good repair, are for residential use, and are not a nuisance to the public: a) Storage, collection, or safekeeping in a carport of: i. Building materials that are temporarily stored in a workmanlike manner as part of, and in conjunction with, an active building permit; ii. Motorized lawn equipment; iii. Storage containers, if stored and maintained in an orderly manner against a permanent wall; or iv. Household and yard tools, and household cleaning implements, if stored and maintained in an orderly manner against a permanent wall, using pegboards, shelves, hooks, storage containers, or tool chests. b) A washer or dryer which is connected and regularly used where the only washer or dryer connection is located under a carport or breezeway. c) Furniture designed for outdoor use. d) Firewood stored and maintained in an orderly manner. e) Smokers, barbeque grills, lawn maintenance equipment, and appliances designed for outdoor use, if in current use. 2. It is an affirmative defense to prosecution that the following items are maintained in good repair and are not a nuisance to the public: a) Play strictures such as swing sets, jungle gyms and erected play areas or houses built and maintained as part of a playground located at a church, school, or state- regulated commercial daycare. Sec. 17-153. Exterior structure. The exterior of a structure or accessory structure must be maintained in good condition, structurally sound and kept clean and sanitary so as to protect the health, safety and general welfare of the public. (a) Protective treatment. Exterior surfaces, including but not limited to walls, windows, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good and reasonable condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting* or other protective covering or treatment. Peeling, flaking, chalking, and chipped paint shall be eliminated and surfaces repainted*. Siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. * "Pre-1978 strictures undergoing paint removal or stabilization where more than 20 square feet of an exterior surface will be disturbed, will require compliance with current "safe work practices" as defined by the Environmental Protection Agency. If the unit is tested prior to paint removal or stabilization and lead is not present, the "safe work practices" requirement will not apply." Sec. 17-154. Interior structure. The owner and manager shall maintain the interior of a structure and equipment in a good, structurally sound, and sanitary condition. Occupants shall maintain that part of the structure which they occupy or control in a clean and sanitary condition. The above conditions include, but are not limited to, the following: (a) The owner and manager shall maintain all structural members structurally sound, and capable of supporting the imposed loads. (b) The owner and manager shall maintain all interior surfaces, including windows, doors, ceilings, and walls, in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint* shall be repaired, removed, or covered. Deteriorated, crumbling, cracked, or loose plaster, decayed wood, and other defective surface conditions shall be corrected. * "Pre-1978 strictures undergoing paint removal or stabilization where more than six square feet of an interior surface per room will be disturbed, will require compliance with current "safe work practices" as defined by the Environmental Protection Agency. If the unit is tested prior to paint removal or stabilization and lead is not present, the "safe work practices" requirement will not apply." AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound on a Sunday and an increase in decibels from 70 to 75 for an outdoor concert sponsored by Red Bull North America, Inc. Live music would be performed on Sunday, August 28, 2011, in Lucky Lou's parking lot located at 1207 W. Hickory Street. The exception is requested for an increase in amplified sound to 75 decibels on Sunday from noon to 2:00 p.m. for a sound check and from 5:30 p.m. until approximately 10:00 p.m. Staff recommends approval of the applicant's request. BACKGROUND Red Bull Tour Bus is an innovative music project where a tour bus literally transforms into a stage complete with lights and sound equipment. Cory Morrow is the featured guest headliner. The goal of this first time event is to bring an exciting country artist to Denton for the students of North Texas and the businesses along the Fry Street area. The event organizers said they had spoken with surrounding businesses who are excited to have this event and anticipate a positive economic impact on their businesses. The free event is expected to draw around 2,500 attendees. The event will also feature other Denton talent to open the show. Representatives from Red Bull have met with the City of Denton Police and EMS to discuss security and possible medical needs. Staff recommended that the organizers also contact the UNT Police Department. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None RECOMMENDATION Staff recommends approving the 75 decibel level based on action City Council took on other outdoor concerts located in the same area (i.e. Fry Street Fair 2005, 2006 and 2007). EXHIBITS 1. Letter of Request Respectfully submitted by: M.0W,4 . Emerson Vorel, Director Parks and Recreation Prepared By: M r, L4 Janie McLeod Community Events Coordinator i July 12, 2011 I To tl e Ci ty of Denton, Red Bull could like to request noise exi-,m }tion for our event, Red RrIil "our Bus, iaking piace on August 28, 2011 at New Frontiers Real Estate parking to . Recll Bull Tour Bus is art inncvalive music project where a tour bus literally transforms into a stage ccmplete with lights 211D sfuLIeld equipment, with headliner Coiy p/lorrow.. Sound check for these acts will take place at 12 FM on August 2QQ`n and last for appcoxiniately bourn. Live acts will begin pk:. i:. 5: M PM ai d the event%vdl lass uritil` approximately 9:45 PM. Arroi-jin to the sound sped ica hoots for Red Bull Tour l'us, the sound vv ll reach D a of no more i'ri«ri 75 aC pL :l, levels. We can reRlu.L Inds 'or clre sound chec!, pet tictn if requ ,t{ c i The gorjl of this event is to brim an excitirrgg country ar gist co Canton for iiie s ur er,c Of North Texas and forthe restaurants and bars on Fry Street'. Afterspeul,irih, v,;iz i these resLr u€rants and bars, i:h&e'sie exciters t have this opporturric;r ztEid hope to see it tz l(e place. +11'r, 4)eli~:vu the ecoiroi i;c impel on the Fri' c"i.r -et'bisinesses will be positive, -allot, i~iE SLUdents and r'--,idents the oppor Lunity to catch a iv'r at cou itry artist, Cory ftrori oLV. Vve a'+ill also feature local Denton talent to open the shod "dank you in advance for your consideration on this exciting potR ntial event! Saxon !`!i hai, Red Bull North America AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Human Resources All YT_ ACM: Jon Fortune SUBJECT Consider and confirm the re-appointment by the City Manager of Abraham Benavides to the Civil Service Commission. BACKGROUND Abraham Benavides's second term expires in August of 2011; however, he is eligible to serve another term. In compliance with Chapter 143.006 (b) of the Texas Local Government Code, the municipality's chief executive (City Manager) shall appoint a member to serve a three-year term and the governing body (City Council) shall confirm this appointment. RECOMMENDATION The City Manager has elected to re-appoint Abraham Benavides to the Civil Service Commission. PRIOR ACTION REVIEW There has been no prior action or review. FISCAL INFORMATION This item has no fiscal impact. EXHIBITS Bio for Abraham Benavides Respectfully su pitted: Carla Haggmark-Romine Director of Human Resources Abraham David Benavides Dr. Abraham David Benavides is an associate professor in the Department of Public Administration at the University of North Texas. He received his Doctors Degree from Cleveland State University, his Master's Degree from Brigham Young University, and his Bachelor's Degree from George Washington University. His research interest include: local government, human resources, diversity issues, ethics and leadership, best practices, and human service issues. He has published in the Journal of State and Local Government Review, The Journal of Public Affairs Education, PM ICMA Public Management Magazine, The Journal of Public Management and Social Policy, The International Journal of Organization Theory and Behavior and a number of other journals. Dr. Benavides serves as president of the North Texas Chapter of the American Society for Public Administration (ASPA) and is currently on the national council. He can be reached at benavides2unt.edu. July 2011 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis at 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Hybrid Bucket Trick for the City of Denton Electric Department; providing for the expenditure of funds from the American Recovery and Reinvestment Act Grant in the amount of $48,041 therefor; and providing an effective date (File 4763-Purchase of Hybrid Bucket Trick for the City of Denton Electric Department awarded to Rush Trick Center, Crane in the amount of $132,751 and Altec, Inc. in the amount of $140,713 for a total award amount of $273,464). The Public Utilities Board recommends approval (5-0). FILE INFORMATION In June 2010, the City of Denton Fleet Services Department was awarded a grant from the American Recovery and Reinvestment Act, for $125,655 towards the purchase of three hybrid tricks to be used within the City of Denton. The Solid Waste Department has received and is using one of two Hydraulic Launch Assist Vehicles with the second on order for a maximum reimbursement of $77,614 towards both tricks. The Electric Operations Department is the recipient of the remaining $48,041, which will be used for the purchase of a Hybrid Bucket Trick. This trick will be an addition to the Electric Operations Department and will be utilized by the Overhead Maintenance Crew. It will also be used when working on wood transmission poles, which are taller than normal distribution poles. This Hybrid Bucket Trick utilizes an "Electric Power Take Off (EPTO)" System which allows the unit to operate on battery power while in a stationary mode, thus reducing fuel usage and reducing this vehicle's carbon footprint. Item Description Price Ea Replacement Contract# la Hybrid Peterbilt Model 348 $132,751 Addition-Chassis 358-10 lb 206 Altec Model TA60 Aerial $140,713 Addition-Body 308-08 Total $273,464 Cooperative agreement handling fees and service manuals are estimated at $1,000 and may vary depending upon the number of purchase orders issued and service manuals required. This trick is powered by a diesel engine with Low Emission Vehicle ratings that meet or exceed Environmental Protection Agency Standards. Agenda Information Sheet August 2, 2011 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 15, 2010, the City Council approved the tentative purchase of this trick upon reviewing and accepting the American Recovery and Reinvestment Act Grant (ARRA) for $125,655 towards the purchase of three hybrid tricks to be used within the City of Denton. At its July 25, 2011 meeting, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of a Hybrid Bucket Trick through a Buy Board Cooperative Purchasing contract to the vendors listed below for a total award amount of $273,464. ITEM NUMBER VENDOR AMOUNT la Rush Trick Center, Crane $ 132,751 lb Altec, Inc. $ 140,713 Total for Hybrid Bucket Trick $ 273,464 PRINCIPAL PLACE OF BUSINESS Rush Trick Center, Crane Altec, Inc. San Antonio, TX Waxahachie, TX ESTIMATED SCHEDULE OF PROJECT The purchase of this trick will occur within 180 days of purchase order issuance. FISCAL INFORMATION This trick will be funded from the American Recovery and Reinvestment Act Grant in the amount of $48,041 with the remaining $225,423 funded from Capital Improvement Project dollars allocated through the Operations account listed below: Account# Requisition# Dollar Amount 6028931605. 131553920 103760 $ 132,751 6028931605. 131553920 103761 $ 140,713 Total Expenditure $ 273,464 EXHIBITS Exhibit 1: Price Quotes Agenda Information Sheet August 2, 2011 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-File 4761 Rush Truck Center, Crane Exhibit 1 r,r~;PO Box 200105 7T -CC u K 4EHT~fI San Antonio, TX 78220 1 a Customer Proposal Letter 877-661-4511 R Denton, City of 901-B Texas St Denton, TX 76201-4354 940-349-7100 Mike Ellis Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs. Please accept the following proposal. VEHICLE Make Peterbilt Model 348 Year 2012 Stock Number To Be Determined Additional Vehicle and Accessories Description To be delivered on or about 7/31/2011 Quote 8 New 2012 Peterbilt model 348, Paccar PX 6 for Hybrid 14.6k front axle, 23k rear axle Includes Paccar engine Warranty Plan 1 5/200K engine and 5/200k aftertreatment per Paccar warranty agreement. Hybrid Transmission Warranty. Terms Net 30 days from delivery to altec. Available on BuyBoard Contract #358-10 Quantity 1 Total Truck Price per Unit $126,704.00 $126,704.00 F.E.T. (Factory & Dealer Paid) $0.00 $0.00 Net Sales Price $126,704.00 $126,704.00 Optional Extended Warranty(ies) $5,997.00 $5,997.00 State Sales Tax License, License Transfer, Registration Fee Documentary Fee $50.00 $50.00 Administration Fee Vehicle Inventory Tax Additional Taxes Tire Recycling Program Battery Disposal Fee Out of State Vehicle Fee Total Sales Price $132,751.00 $132,751.00 Trade Allowance $0.00* * See DISCLAIMER below Sales Representative Holloway. Hal signature printed name Purchaser signature printed name title date Accepted by Sales Manager or General Manager signature printed name Quote good until 4/30/2011 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer. DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title, registration and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E.T. variance will be responsibility of Dealer. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted. Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition and/or mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer. RTC Q-300-4/06 Printed on 2/16/2011 at 8:47 PM. 1 b Quote Number: 121653 - 3 Altec, Inc. April 4, 2011 Our 82nd Year Mike Ellis 940-349-8424 Bill To: CITY OF DENTON CITY OF DENTON 215 E MCKINNEY ST CITY HALL: ATTN ACCOUNTS PAYABLES DENTON, TX 76201-4229 US Altec Quotation Number 121653 - 3 Altec Sales Order(s): Account Manager: Michael D Covington Inside Sales Rep: Sean K Stagner Contract in Accordance with Buy Board #308-08 Item Description Qty Price Unit 1. 206 ALTEC Model TA60 telescopic articulating aerial with an insulating lower arm, 1 insulating telescopic upper boom and the Altec ISO-Grip (U.S. Patent No. 7,416,053) system, an upper control system incorporating high resistance components at the boom tip, for rear mount installation A. Ground to Bottom of Platform Height: 59.8 feet at 14.3 feet from centerline of rotation (18.2 m at 4.4 m) B. Working Height 64.8 feet (19.8 m) C. Maximum Reach to Edge of Platform: 40.1 feet at 26.6 foot platform height (12.2 mat 8.1 m) D. Lower Boom Insulator: Provides 12.0 inches (305 mm) of isolation E. Side by Side Boom Configuration: Travel height approximately 11'6" on a chassis with approximately 40" frame height. This may have to be increased depending on cab configuration. F. Articulating Arm: Tubular steel structure. The articulating arm is designed so that the articulating arm and lower boom are compensating. By raising the articulating arm only, the lower and upper boom maintain the same relative angle with the ground. By raising the articulating arm in conjunction with the lower boom, the operator is able to position himself more quickly and easily into the work area. G. Lift Cylinders: The rod eye is welded to the rod while the blind end of the cylinder is of cast steel, one piece design, which utilizes cartridge-type, bi-directional counter-balance holding valves. The lower boom has a spherical-type bearings on both rod and base end. The arm cylinder has a spherical-type bearing on the rod end and self-lubricating bearings on the base end. H. Lower Boom: Fabricated, reinforced steel box structure. Ultra high molecular weight polyurethane slide pads are installed at the boom tip to guide the telescopic upper boom. These pads have a large contact area in order to reduce wear. The pads are shimmed and attached for ease of adjustment or replacement without disassembly of the booms. 1. Lower Boom Pivot Pin: high strength chrome plated steel with self-lubricating, replaceable, non-metallic bearings. J. Telescopic Upper Boom: filament wound, round fiberglass, providing a minimum of 38.0 inches (965 mm) of isolation for the TA50, 16.0 inches (406 mm) for the TA55, and 36 inches (914 mm) for the TA60. The inner surface of the fiberglass boom is coated with polyurethane to provide a dry, smooth inner surface, which will cause moisture to bead. The outer surface has a smooth gelcoat finish. K. Upper Boom Extension: The upper boom is extended and retracted by a double acting hydraulic cylinder installed within the booms. The boom extends and retracts over slide bearings located in the end of the lower boom. L. Hydraulic System: The open-center hydraulic system operates at a system We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 1 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price pressure of 3,000 psi (20.7 MPa, 207 bar) and a free flow rate of 8.2 gpm (30.8 Ipm). The system consists of a pump, 25.0 gallon (94.6 1) hydraulic oil reservoir, inlet manifold, lower control valve, tool/jib valve and single handle upper control valve assembly. M. Pedestal: Post-type structure design with 16 inch (407 mm) diameter vertical pedestal tube with a heavy-duty welded flange at the base end and openings that provide easy access to the hydraulic hoses. The round structure facilitates personnel movement between the pedestal and body sides. Includes pedestal base plate for attachment to subbase. N. Rotation: Continuous rotation is provided by worm gear drive, equipped with extended shaft for manual rotation, driving a shear ball bearing rotation gear. The fully adjustable rotation drive assembly includes an external eccentric ring adjustment of the gearbox pinion gear to the main rotation bearing, permitting the ability to easily adjust backlash, reduce boom side play and ensure proper tooth contact over the life of the unit. This reduces life cycle cost. All bearing attachment bolts are easily accessed from outside the pedestal and inside the turntable. 0. Turntable: Steel fixture-welded structure with a 1.25 inch (32 mm) steel bottom plate. The bottom plate of the turntable is machined after welding to ensure a flat mounting surface for the rotation bearing. The hydraulic rotary joint and hydraulic hoses are located on the turntable for ease of access. The main control valve is located outside the turntable for convenience and ease of access and is covered for protection. P. Platform Leveling System: The platform is leveled by hydraulic leveling means, contained within the upper boom and designed to maintain the dielectric integrity of the aerial device. Controls for leveling and tilting the platform are located at the platform. Leveling for the platform includes two double acting cylinders incorporating counterbalance load holding valves to lock the platform in the event of hydraulic line failure. Cylinders are located at the platform and at the end of the lower boom. The master-slave action of the cylinders maintains a level platform throughout the full range of boom articulation. Q. Fiberglass non-insulated platform for use with or without insulated liner (per ANSI A92.2). R. Lower Boom Lifting Eye: provides for 1,000 pounds (454 kg) of lifting capacity. S. ISO-Grip System: The Altec ISO-Grip (U.S. Patent No. 7,416,053) System includes the following boom tip components that can provide an additional layer of secondary electrical contact protection. This is not a primary protection system. 1) Control Handle: An insulating single handle controller incorporating high electrical resistance components that is dielectrically tested to 40 kV AC with no more than 400 microampers of leakage. The control handle is green in color to differentiate it from other non-tested controllers. The handle also includes an interlock guard that reduces the potential for inadvertent boom operation. 2) Auxiliary Control Covers: Non-tested blue silicon covers for auxiliary controls. 3) Control Console: Non-tested non-metallic control console plate. 4) Boom Tip Covers: Non-tested non-metallic boom tip covers. The covers are not dielectrically tested, but they may provide some protection against electrical hazards. T. Controls: Boom and articulating arm functions are controlled with a four-function single handle control. The control provides good metering capability at all boom speeds. The control handle activates; Articulating Arm --Raise and Lower, Lower Boom--Raise and Lower, Rotation--Clockwise/Counter-clockwise, and Upper Boom--Extend and Retract. The single handle control incorporates an interlock trigger and safety interlock at the platform. Activation of the interlock is required when operating a boom function. The controls are located within easy reach of the operator. U. Hydraulic Tool Circuit at Platform: Control easily accessible to the operator activates the tool circuit which provides a maximum of 8.0 gpm (30.3 Ipm). Tool system relief pressure set at 2,000 psi (13.8 MPa). Two sets of hydraulic tool outlets are standard at the boom tip; they consist of two sets of quick disconnect We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 2 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price couplings at the platform, a valve assembly inside the control cover, and detented control handle. Operates open center tools. V. Hydraulic Tool Circuit Below Rotation: One set of quick disconnect couplings and control valve to supply maximum of 8.0 gpm (30.3 Ipm). Tool system relief pressure set at 2,000 psi (13.8 MPa). Operates open center tools. W. Outrigger/Boom Interlock System: Prevents boom from being unstowed until outriggers have been at least partially deployed X. Outrigger/Unit Selector Control: Located near the outrigger controls, allows operator to divert hydraulic oil from machine circuit for outrigger operation. This reduces the potential for inadvertent outrigger movement during machine operation if outrigger controls are bumped. Y. Outrigger Motion Alarm: Provides audible alarm when any of the outriggers controls are operated. Z. Back-up Alarm, installed AA. Diagnostic Pressure Test Quick Disconnect Couplings: are located at the turntable to allow a mobile service technician to quickly and easily attach a test gauge to verify system and tool circuit pressure. This reduces life cycle cost. AB. ANSI Category C, 46 kV and below dielectric rating. Upper boom must be extended approximately 48 inches. AC. Manuals: Two (2) Operator's and two (2) Maintenance/Parts manuals containing instructional markings indicating hazards inherent in the operation of an aerial device. AD. Paint: Painted white with the Altec Powder Coat Paint Process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electro-statically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection 2. Automatic Upper Boom Stow Securing System with support cradle. 1 3. 289 Pedestal, Rear Mount, High Cab Height - includes 43 inch (1092 mm) pedestal 1 height, 91.5 inch (2324 mm) mast height - recommended for T55 and TA60, installed in tall cab height chassis 4. 223 Single Two-Man Platform with hydraulically articulating jib (Altec ARM Jib) - 1 Platform end mounted, rotates 180 degrees around boom tip. Platform has a capacity of 600lbs without liner. Material handling system comes with 80ft of 0.50 inch polyester double braid rope, a metal thimble in the working end and jib rated at a maximum capacity of 1,000 Ibs 5. Two(2) Platform steps - located on the side of the platform opposite the upper boom in 1 the stowed position 6. Platform Cover - soft vinyl, 24 x 48 inches (610 x 1219 mm) 1 7. Platform Liner - for two-man fiberglass platform, 24 x 48 x 42 inches (610 x 1219 x 1067 1 mm), 50 kV rating (minimum) 8. Platform Floor Liner - 24 x 48 inches (610 x 1219 mm) 1 9. Hydraulic Tool Circuit at Platform: One set of quick disconnect couplings provide a 1 maximum of 6.0 gpm at the boom tip for open center tools. Tool system relief pressure set at 2,000 psi. 10. 297 Tool Circuit Below Rotation - Includes 8.0 gpm (30.3 Ipm) control valve and HTMA 1 quick disconnect couplings, shipped loose 11. Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary 1 operation of the unit in a situation wherein the primary hydraulic source fails. Electric We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 3 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price motor is powered by the chassis battery. Control is operated with an air plunger at the platform and a momentary switch located at the lower controls and the outrigger controls. This feature allows the operator to completely stow the booms, platform, and outriggers. 12. Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control 1 options 13. Custom Electronic Module Electrical box to a 65040238 electrical box. 1 14. 244 - Primary A-Frame Outriggers with 5-degree swivel shoe 1 A. Maximum Spread: 140 inches to the outer edge of shoes B. Ground Penetration: 7 to 11 inches depending on chassis frame height C. Outrigger/Unit Selector Valve D. Outrigger Interlocks: will not allow the unit to be operatred unti the outrigger have been at least partially deployed 15. 242 - Auxiliary H-Frame Outriggers with fixed shoe 1 A. Maximum Spread: 105 inches to the outer edge of shoes B. Ground Penetration: 6.7 to 10.7 inches depending on chassis frame height C. Outrigger/Unit Selector Valve D. Outrigger Interlocks: will not allow the unit to be operatred unti the outrigger have been at least partially deployed 16. Electric Over Hydraulic Outrigger Control Valve 1 17. ARM Jib Handling And Storage System 1 18. Winch load line swivel hook 1 19. Additional Unit Option Hybrid Option 1 Junction box under truck frame to tie signals from boom stow switch, pressure switch, unit, and tools to three (3) signals. Pressure switch at pump. Boom stow switch (proximity switch) for lower boom rest-wire to chassis junction box. Momentary toggle switch a lower controls to activate hybrid system. Fiber-optic switch controls to be installed on all upper control handles 2-3 switch system for controller interlock, tools, platform tilt/rotate. 20. Altec Aerial Device Painted White 1 21. Additional Unit Option 49 inch tall pedestal 1 22. Additional Unit Option Steps on bucket, to be two on the broad side of the bucket (48 1 inch side) or opposite the mounting ribs. 23. Unit Material Handler Hybrid Custom Option Eaton Hybrid 1 Unit & Hydraulic Acc. 24. Subbase Weldment 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 4 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 25. Subbase Storage With Drop Down Door (Paddle Latch) At Rear Longitudinal subbase 1 storage - 102 inch x 72 inch x 102 inch with drop down door at rear 26. MV-22 Hydraulic Oil (Standard). 35 27. Standard Pump For PTO 1 28. Electric Shifted PTO 1 29. Install Lower Tool Circuit 1 30. Additional Unit/Hydraulic Accessory 24 gallon reservior to be street side and to be 1 LABELED 24 GALLONS. 31. Eaton Hybrid Transmission Application 1 Body 32. Altec Body 1 33. Steel Body 1 34. Aerial Service Line With Step (ASLS) 1 35. 172 Inch Body Length 1 36. 94 Inch Body Width 1 37. 46 Inch Body Compartment Height 1 38. 18 Inch Body Compartment Depth 1 39. Finish Paint Entire Body. Undercoat Applied Under The Body 1 40. Custom Body Finish Paint Color Paint body and all metal parts of the boom Green to 1 match Hybrid chassis cab 41. 5.5 Drop-In Wood Cargo Retaining Board At Rear Of Body 1 42. Treadplate On Curbside Compartment Tops 1 43. Rope Lights Around Top And Sides Of Compartment Door Facings (Installed At Body 1 Plant) 44. Zinc Rotary Latches With Locks 1 45. Rigid Door Holders On All Vertical Doors 1 46. Chains On All Horizontal Doors 1 47. Standard Master Body Locking System 1 48. One Chock Holder In Fender Panel On Each Side Of Body 1 49. Two Hotstick Brackets On Streetside 1 50. Custom Body Hotstick Shelf Option Third Vertical To Rear (Street Side Only) 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 5 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 51. Standard Drop-Down Hotstick Door For One (1) Shelf On Streetside 1 52. 1st Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 53. 1st Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 54. 1st Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 55. Custom 1st Vertical (SS) Compartmentation This vertical to be moved up to 1 accommodate hybrid battery storage under. 56. 2nd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 57. 2nd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 58. 2nd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 59. Custom 2nd Vertical (SS) Compartmentation This vertical to be moved up to 1 accommodate hybrid battery storage under. 60. 3rd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 61. 3rd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 62. 3rd Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 63. 1st Horizontal (SS) - Fixed Shelf With No Dividers 1 64. Custom Rear Vertical (SS) Compartmentation Top portion incorporated into horizontal 1 compartment. Lower portion vacant. 65. 1st Vertical (CS) -Adjustable Shelf With Removable Dividers On 4 Inch Centers 3 66. 2nd Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 67. 2nd Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 68. 2nd Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 69. 3rd Vertical (CS) - Treadplate Access Steps With Battery/Chain Storage And Two (2) 1 Sloped Grab Handles 70. 1st Horizontal (CS) - Fixed Shelf With Removable Dividers On 8 Inch Centers 1 71. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 72. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 73. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 Body and Chassis Accessories 74. Custom Tailshelf Length Custom Tailshelf Option, 30 inch tailshelf with 3 inch 1 crossmembers 75. 94 Inch Wide Tailshelf (Standard) 1 76. Steel Tailshelf Construction 1 77. 3 Marker Light Bracket Centered At Rear 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 6 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 78. Custom Cab Guard Full cab guard installed to protect chassis cab with 6 inch punched 1 metal retaining rail. 79. Rear Window Guard, Punched Metal, 84" L X 21" H Painted green to match chassis cab 1 80. Custom Top Opening Box Top opening box 18 inch T x 18 inch W x 54 inch L vented for 1 chainsaw storage with gas struts paint green to match chassis cab and body. Ship this box. 81. Custom Open Top Storage Box Top open punched metal box to be installed above first 1 and second verticals on curb side. Approximate dimensions to be 52 inches I x 16 inches h x 18 inches wide. 82. Rigid Step Mounted Beneath Side Access Steps (Installed To Extend Approx. 2 1 Outward) 83. Compartment Top Access Step from Body Floor 1 84. Platform Access Step From Body Floor 1 85. ICC (Underride Protection) Bumper Installed At Rear 1 86. Receiver Hitch, 2", Class 3 TO BE LABELED: 5,000 Ibs gross trailer weight and 500 1 Ibs tongue weight 87. Set Of D-Rings for Trailer Safety Chain, installed one each side of towing device mount. 1 88. Cone Holder Underslung Style, Consists Of Two Rings And Bungee Cord Two 2 invertered ring style cone holders underslung tailshelf, one each side 89. Platform Rest, Rigid with Rubber Tube 1 90. Lower Boom Rest Weldment 1 91. Plastic Outrigger Pad, 24" x 24" x 1", Black With Rope Handle (Dica) 4 92. Outrigger Pad Holder, 25" W x 25" D x 5" H, Fits 24" x 24" x 4" and Smaller Pads, 4 Bolt-On, Bottom Washout Holes, Pendulum Retainer, Steel 93. Wheel Chocks, Rubber with Metal Hairpin Style Handle, 9.75" L X 7.75" W X 5.00" H 1 (Pair) 94. Water Cask 5 Gallon (Plastic) 1 95. Water Cask Bracket Only, For 3 or 5 Gallon (Wire Type) Water casket (drop in style) 1 mounted on auxiliary outrigger leg, curb side 96. Custom Wire Rack/Reel Wire rack to be T-style for installing of two spools of wire on 1 either side of T-stand. Pinnable and to be installed on curb side tailshelf area 97. Mud Flaps With Altec Logo (Pair) 1 98. 5 LB Fire Extinguisher With Light Duty Bracket Fire extinguishers, curb side to be 2 mounted to boom stow upright. Street side to be mounted to the front of body, both accessible from the ground. 99. Custom Safety Equipment Two fall protection harness and Iandyards (XL size) 1 100. Slope Indicator Assembly For Machine With Outriggers 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 7 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 101. Vinyl manual pouch installed for storage of all operator and parts manuals 1 102. Additional Body/Chassis Accessory Top mounted box on street side to be approx. 114 1 inches long x 18 inches wide x 18 inches tall with a top opening box and gas struts 103. Additional Body/Chassis Accessory Arrestor holder to be made of angle iron with bolts 1 mounted on it. See Sean for photo (Enertgy style) 104. Additional Body/Chassis Accessory Bolt bin mounted on the tailshelf, reference work 1 order 14498221 105. Additional Body/Chassis Accessory Recess mount the Electric/Hydraulic switches in 1 tailshelf light channel 106. Additional Body/Chassis Accessory Air chuck quick disconnect installed at rear, in light 1 channel 107. Additional Body/Chassis Accessory Two drop down D-rings installed at rear of cargo 1 area body pack, street side 108. Additional Body/Chassis Accessory Swivel locking material hooks installed in the cargo 1 area of the body spaced approx. 12 inches apart - approximately eight total Electrical Accessories 109. Install secondary stowage with momentary switch for installation at the outrigger 1 controls. 110. Install Outrigger Interlock System 1 111. Compartment Lights Wired To Dash Mounted Master Switch 1 112. Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, 1 including LED reverse lights) 113. Custom Strobe Light Strobe lights to be LED style Altec standard with brush guards. 1 Location of stobe lights to be on side of uprights of cab guard. 114. LED Directional Light Bar Located at tailshelf rear with protective eyebrow. 1 115. Spot Light, Permanent Mount, With Dash Mounted And Wireless Remotes (Go-Light 2 #2067) Location to be installed at the rear of cab guard on a flatplate, one each side. 116. Dual Tone Back-Up With Outrigger Motion Alarm 1 117. PTO Hour Meter, Round With 10,000 Hour Display 1 118. 6-Way Trailer Receptacle (Pin Type) Installed At Rear 1 119. 7-Way Trailer Receptacle (Blade Type) Installed At Rear 1 120. Additional Electrical Accessory Back-up camera. The camera they want is a Thrid Eye 1 which they have been getting out of Houston. (713-690-4100 Chuck Manghum. Back up camera monitor located in cab next to arrow stick controller. Camera to be mounted in the center of the 3 bar marker light at rear. Finishing Details We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 8 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 121. Focus Factory Build 1 122. Delivery Of Completed Unit 1 123. Altec Aerial Device painted white with the Altec Powder Coat Paint Process which 1 provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electro-statically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. Leave all metal parts on boom above rotation painted white. Leave inside of compartments painted white. 124. Finish Paint Body And Accessories Custom Color (Supply Color Code) Paint body and 1 all metal parts of the boom Green to match Hybrid chassis cab 125. Finish Paint Body Compartment Interiors Altec White 1 126. Paint Underneath Black 1 127. Apply Non-Skid Paint (Ferrox) to all walking surfaces Ferrox painted green to match 1 chassis cab. 128. English Safety And Instructional Decals 1 129. Vehicle Height Placard - Installed In Cab 1 130. Dielectric test unit according to ANSI requirements. 1 131. Stability test unit according to ANSI requirements. 1 132. DOT Certification Required 1 133. Inbound Freight 1 134. Additional Finishing Detail Altec Hybrid decals, ship loose, do NOT install. 1 135. Installation - TA60 1 Chassis 136. Chassis 1 137. Customer Supplied Chassis 1 138. 2011 Model Year 1 139. Peterbilt 335 1 140. Other Chassis Color Green Hybrid color 1 141. Chassis Cab To Axle Length - 120 inch 1 142. GVWR 35 600 LBS 1 143. 14,600 LBs Front Axle Rating 1 144. 21,000 LBs Rear Axle Rating 1 145. Other Engine Model PACCAR PX-6 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 9 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. Item Description Qty Price 146. Hybrid Transmission 1 147. 3366780 - Peterbilt Vertical Exhaust (Single RH Side of Cab) 1 148. Air Brakes 1 149. 4x2 Drivetrain 1 150. Conventional Cab 1 151. Air Conditioning 1 152. AM/FM Radio 1 153. Block Heater 1 154. Additional Chassis Option CHASSIS IS A PETERBILT HYBRID 1 Chassis Total: 0.00 Additional Pricing 155. Federal Excise Tax Item 1 Miscellaneous 156. Standard Altec Warranty 1 One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges Limited Lifetime Structural Warranty Total 140,713.00 Altec Industries, Inc. BY Sean K Stagner Notes: 1 Altec Standard Warranty: One (1) year parts warranty. One (1) year labor warranty. Ninety (90) days warranty for travel charges. Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables. Bidder is to supply a self-directed, computer based training (CBT) program. This program will provide We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Pagel 0 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit. 2 F.O.B. - Customer Site 3 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 4 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing. 5 Terms: If chassis is ordered through ALTEC Industries, Inc. the chassis payment is due upon receipt of the chassis at ALTEC Industries, Inc. Balance is due NET 30 days after receipt of completed unit. 6 Interest charge of 1/2% per month to be added for late payment. 7 Delivery: 240 days after receipt of order PROVIDING: A. Chassis is received a minimum of sixty (60) days before scheduled delivery. B. Approval drawings are returned by requested date. C. Vendor or customer supplied accessories are received by date necessary for compliance with scheduled delivery. D. Altec makes every effort to meet the delivery commitments we provide to our customers. Unfortunately, if a chassis manufacturer fails to deliver the bare chassis to our plant for the installation of our equipment, we cannot deliver a finished product to you, our customer. Recent inconsistencies by some chassis manufacturers have forced us to include this disclaimer in every bid. If a chassis manufacturer halts or delays production for any reason, Altec cannot be held responsible. 8 Trade-in offer is contingent upon equipment being maintained to DOT (Department of Transportation) operating and safety standards. This will include, but not limited to tires, lights, brakes, glass, etc. If a trade-in is not maintained to DOT standards, additional transportation expenses will apply and could be invoiced separately. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with the vehicle unless otherwise agreed upon in writing by both parties. Altec Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met. Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time Altec Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order. 9 This quotation is valid until JAN 15, 2011. After this date, please contact Altec Industries, Inc. for a possible extension. 10 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 11 Due to 2010 emissions engine/exhaust changes, all truck chassis manufacturers have had a great influx of orders filling most of the available 2009 calendar year production slots. The manufacturers will only honor their pricing until all the production slots are filled. Once this happens, the pricing will increase to cover the cost of the federally mandated emissions standards, because all remaining orders will be built in the 2010 calendar year. Altec has no way of knowing when the final order cut-off will be, so our chassis price could be subject to change. In addition; at this time, Altec does not have conclusive information as to the final configuration of the post-emission chassis. Therefore, it is possible there will be unknown issues that would require special equipment installation procedures. If your chassis is affected by one of these issues, and Altec has provided the chassis specifications, Altec will notify you in advance what the issue is and what the additional costs will be. If you are providing the chassis, Altec will review your chassis specifications to try to determine any areas that may affect the ability of the chassis to be used for this application. Please be advised that some chassis configurations with the 2010 emissions changes will not be usable in a utility truck application! Altec MUST have access to COMPLETE specs in order to insure viability of your chassis. Use of a chassis with 2010 emissions equipment may require some changes in the installation of the Altec equipment, and may add some additional costs to this quote. Altec will not be able to determine any additional cost until chassis manufacturers release complete up-fitter details to Altec. This info is not expected before fall of 2009. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Pagel 1 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 121653 - 3 Altec, Inc. 12 Please direct all questions to Michael D Covington at 214-912-6484 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 12 of 12 UTILITY EQUIPMENT AND BODIES SINCE 1929 Exhibit 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 25, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 25, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek Barbara Russell, Randy Robinson 11 and Bill Grubbs 12 13 Absent Excused: John Baines and Phil Gallivan 14 15 Ex Officio Members: George Campbell, City Manager 16 Howard Martin, ACM Utilities 17 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23 1) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing 24 the City Manager or his designee to execute a purchase order through the Buy Board 25 Cooperative Purchasing Network for the acquisition of Hybrid Bucket Truck for the City of 26 Denton Electric Department by way of an inter-local agreement with the City of Denton; and 27 providing an effective date (File 4763-Purchase of Hybrid Bucket Trick awarded to two 28 vendors in the amount of $273,464). 29 30 Board Member Russell motioned to approve item #1 with a second from Board Member 31 Grubbs. The vote was 5-0. 32 33 Adjourned at 10:45 A.M. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A HYBRID BUCKET TRUCK FOR THE CITY OF DENTON ELECTRIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT GRANT IN THE AMOUNT OF $48,041 THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4763-PURCHASE OF HYBRID BUCKET TRUCK FOR THE CITY OF DENTON ELECTRIC DEPARTMENT AWARDED TO RUSH TRUCK CENTER, CRANE IN THE AMOUNT OF $132,751 AND ALTEC, INC. IN THE AMOUNT OF $140,713 FOR A TOTAL AWARD AMOUNT OF $273,464). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; 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 Buy Board Cooperative Purchasing Network 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 items shown in the "File Number" referenced herein and on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4763 Rush Trick Center, Crane $132,751 4763 Altec, Inc. $140,713 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4763 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 4763 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the constriction of the Preston and Brown Street 8" Sanitary Sewer Replacement/FM 2499 Utility Relocation Hickory Creek Outfall for the City of Denton (Bid Number 4721); and providing an effective date. The Public Utilities Board recommends approval (4-0). BID INFORMATION The Brown Street & Preston Place 8" Sanitary Sewer Replacements portion of the project mainly consists of installing approximately 1,700 feet of 8" sanitary sewer. The FM 2499 Utility Relocation Hickory Creek Outfall I portion of the project mainly consists of installing approximately 1,200 feet of 30" sanitary sewer. These two projects were bid together at the request of the Wastewater Utilities Department in order to try to achieve some economy of scale. Bids were received on June 30, 2011. There were five bidders, with bids ranging from a low total base bid of $529,260.35 to a high base bid of $813,452.00. The engineer's opinion of probable constriction cost for the project was $514,403.50. The bid summary is enclosed as Exhibit 3. The City of Denton Engineering staff is recommending rejecting all bids and rebidding the project based on the information contained in the attached Public Utilities Board agenda information sheet (Exhibit 1). As stated in Exhibit 1, the City's Engineering staff does not believe that the first and second apparent low bidders meet the minimum bid requirements. Because of the differential between the bid amount of the third low bidder ($635,850) and the engineer's opinion of probable construction cost ($514,403.50), it is the desire of the Wastewater Utilities Department to bid the Brown Street & Preston Place 8" Sanitary Sewer Replacements portion of the original project as a stand-alone project and to include the FM 2499 Utility Relocation Hickory Creek Outfall I portion of the original project in the utility relocations project for the widening of FM 2499. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 25, 2011, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet August 2, 2011 Page 2 RECOMMENDATION Staff recommends the rejection of all bids submitted. FISCAL INFORMATION There is no financial impact since no dollar amount will be awarded. EXHIBITS Exhibit 1: Public Utility Board Agenda Information Sheet without exhibits Exhibit 2: Public Utility Board Draft Minutes Exhibit 3: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-Bid 4721 Exhibit I PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2011 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider a recommendation of a rejection of all bids for Bid No. 4721 for the constriction of the Brown Street & Preston Place 8" Sanitary Sewer Replacements and FM 2499 Utility Relocation Hickory Creek Outfall I. BACKGROUND The Brown Street & Preston Place 8" Sanitary Sewer Replacements portion of the project mainly consists of installing approximately 1,700 feet of 8" sanitary sewer. The FM 2499 Utility Relocation Hickory Creek Outfall I portion of the project mainly consists of installing approximately 1,200 feet of 30" sanitary sewer. Exhibit 1 shows the location of the Brown Street & Preston Place 8" Sanitary Sewer Replacements project. Exhibit 2 shows the location of the FM 2499 Utility Relocation Hickory Creek Outfall I project. These two projects were bid together at the request of the WasteNvater Utilities Department in order to try- to achieve some economy of scale. Bids were received on June 30, 2011. There were five bidders, with bids ranging from a low total base bid of $529,26035 to a high base bid of $813,452.00. The engineer's opinion of probable construction cost for the project was $514,403.50. The bid summary- is enclosed as Exhibit 3. The low bidder for this project, Barber Commercial Inc. has not demonstrated a work histoiv that would support their ability to construct this project. Specifically, Barber Commercial Inc. has not constructed at least three separate sanitary sewer projects successfully that are similar in scope to this bid or that are of at least $500,000. In the opinion of the Utility and CIP Engineering staff and the WasteNvater Utilities Department, the lack of five years of firm experience by Barber Commercial Inc. in the construction of at least three separate sanitary sewer projects successfully completed which were similar in scope to this bid and had a project value of at least $500,000 and lack of laying pipe material and size selected for this bid constitutes a lack of a responsible bid. Section 102.12(5) of the October 2004 edition of the North Central Texas Council of Governments Public Works Construction Standards allows the Owner to disqualify bidders deemed unable to perform the work as revealed by the performance history of the bidder. Also, the specification documents prepared for the project lists Qualification for Bidders that the bidder is required to meet or the bidder will not be considered for the bid. The second lowest bidder, Jagoe-Public, submitted a total bid in the amount of $627,58330 which is $98,322.95 higher than the low bid and $113,179.80 higher than the engineer's opinion of probable construction cost. Based on the information provided from Jagoe-Public in response to staff's inquiries, it AIS - PUB Agenda Item #3 Jul- 25, 2011 Page 2of3 does not appear that this company meets the minimum qualifications for installation of the larger diameter sewer line. The third lowest bidder, John Burns Construction, submitted a total bid in the amount of $635,850.00 which is $106,589.65 higher than the low bid and $121,446.50 higher than the engineer's opinion of probable construction cost. Based on staff's previous experience with this bidder, it is believed that John Burns Construction -would meet the minimum qualifications for installation of the larger diameter sewer line. OPTIONS 1. Reject all bids and restructure the project. 2. Recommend award of the contract to the low bidder, Barber Commercial Inc. 3. Recommend award of the contract to the second low bidder, Jagoe-Public. 4. Recommend award of the contract to the third low bidder, John Burns Construction. RECOMMENDATION Staff recommends rejecting all bids and rebidding the project. Staff cannot recommend an award to the low or second low bidder based on their responses to the minimum qualification requirements listed in the bid documents. Because of the differential between the bid of the third low bidder and the engineer's opinion of probable construction cost, it is the desire of the Wastewater Utilities Department to bid the Brown Street & Preston Place 8" Sanitary Sewer Replacements portion of the original project as a stand- alone project and to include the FM 2499 Utility Relocation Hickory Creels Outfall I portion of the original project in the utility relocations project for the -widening of FM 2499. ESTIMATED SCHEDULE OF PROJECT The bid documents include an allowance of one hundred and eighty calendar days. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION Funding for this project will come from existing bond funds. The Wastewater Department will be the funding department for this project. The project number for the Brown Street & Preston Place 8" Sanitary Sewer Replacements project is 640158541 and for FM 2499 Utility Relocation Hickory Creels Outfall I project is 640050539. BID INFORMATION See Exhibit 3. DATE SCHEDULED FOR COUNCIL APPROVAL August 2, 2011 AIS - PUB Agenda Item #3 Jul- 25, 2011 Page 3of3 EXHIBITS 1. Project Location Map -Brown Street & Preston Place 8" Sanitary Sewer Replacements 2. Project Location Map - FM 2499 Utility Relocation Hickory Creels Outfall I 3. Bid Tabulation Summaiv Respectfully submitted, U Frank G. Payne, P.E. City Engineer Exhibit 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 25, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 25, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek Barbara Russell, Randy Robinson 11 and Bill Grubbs 12 13 Absent Excused: John Baines and Phil Gallivan 14 15 Ex Officio Members: George Campbell, City Manager 16 Howard Martin, ACM Utilities 17 18 19 OPEN MEETING: 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION: 22 23 3) Consider a recommendation of a rejection of all bids for Bid No. 4721 for the constriction of 24 the Brown Street & Preston Place 8" Sanitary Sewer Replacements and FM 2499 Utility 25 Relocation Hickory Creek Outfall I. 26 27 Board Member Cheek left the meeting for this item, it was a conflict due to Jagoe being on the 28 bid. 29 30 Chair Smith asked Frank Payne, City Engineer, for a synopsis of this item. Payne stated 31 that they have decided to get some economy scale on small 8" sewer line rehab project along 32 with the larger sewer for the 2499 job. There were some minimum qualifications to bidders, 33 there were 5 bids. The low two bidders didn't demonstrate compliance with the minimum 34 qualifications. It was decided to break up the bid and take the 8" sewer line bid separately. The 35 larger sewer line will be with the 2499 utility relocates that is upcoming. 36 37 Board Member Grubbs motioned to approve option 1 which was to reject all bids and 38 restructure the project. It was seconded by Board Member Robinson. The vote was 4-0. 39 40 41 Adjourned at 10:45 A.M. BID # 4721 Exhibit 3 Date: June 30, 2011 Bid # 4721- Brown Street & Preston Place 8" Sanitary Sewer Replacements & FM 2499 Utility Relocation Hickory Creek Outfall I DESCRIPTION Vendor Vendor Vendor Vendor Vendor John Burns Barber Commerical Jagoe Public North Teas Construction CPS Civil, LLC Inc. Company Company Contracting, Inc. Principal Place of Business Irving, TX Denton, TX Lewisville, TX Keller, TX Duncanville, TX Total Base Bid $529,260.35 $627,583.30 $635,850.00 $702, 155.00 $813,452.00 Addendum 1 YES YES YES YES YES Bid Bond YES YES YES YES YES ORDINANCE NO. AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE BIDS FOR A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PRESTON AND BROWN STREET 8" SANITARY SEWER REPLACEMENT/FM 2499 UTILITY RELOCATION HICKORY CREEK OUTFALL FOR THE CITY OF DENTON (BID NUMBER 4721); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the constriction of public works or improvements (the constriction of Brown and Preston Place 8" Sanitary Sewer Replacements and FM 2499 Utility Relocation Hickory Creek Fallout I-Bid Number 4721) in accordance with the procedures of State laws and City ordinances; and WHEREAS, the City Council has determined that it is in the best interest of the City that the herein described bids should be rejected; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the constriction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned herein (for the constriction of a 36 inch, 42 inch and 48 inch sewer line - Bid Number 4457) are hereby rejected: BID NUMBER CONTRACTOR AMOUNT 4721 Barber Commercial, Inc. $529,26035 Jagoe-Public Company $627,58330 John Burns Constriction Co. $635,850.00 North Texas Contracting, Inc. $702,155.00 CPS Civil, LLC $813,452.00 SECTION 2. The City Manager is hereby authorized to execute all necessary documents for the rejection of said bids. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4721 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -ORD-Bid 4721 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Airport A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said Agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. (Council Airport Committee recommends approval 3 -0) BACKGROUND The City of Denton Airport staff presented a letter of request to the Texas Department of Transportation Aviation Division (TxDOT Aviation) on September 27, 2010, to consider grant funding for paving additional ramp area adjacent to the Airport Terminal at Denton Airport. TxDOT Aviation responded in January 2011 with an offer to include the Engineering/Design for ramp paving in their 2011 Airport Improvement Project grant funding. The total estimated cost of this work is $70,000, with the City of Denton requested to fund 10% of this cost. If the engineering phase of the project is accepted by the City, the constriction phase will be presented at a later date for implementation in February 2012 at a cost of $900,000, with the City requested to fund 10% of the constriction cost. Both the $7,000 local cost for engineering and the $90,000 local cost for constriction have been identified as a capital project from Airport gas well revenue in the 2010/2011 Airport Budget approved by the City Council. The request to accept this grant funding offer was approved by City Council Resolution R2011- 010 on April 19, 2011. The City is now requested to consider an Airport Project Participation Agreement (APPA), with TxDOT Aviation for the Engineering Phase of this project. As in the past, a separate APPA will be generated for the Constriction Phase of the project and presented to the City Council in early 2012. This additional ramp space will accommodate current large aircraft transiting the area where heavy maintenance is performed by Jet Works Air Center, will allow for future expansion of privately owned and operated heavy maintenance hangar facilities, and create aircraft movement area to accommodate charter service from the Airport Terminal. Each of these proposed uses of the additional ramp area will enhance current and future Airport service and provide safety improvement for the aircraft movement area adjacent to the Airport Terminal. Agenda Information Sheet August 2, 2011 Page 2 of 2 The Council Airport Committee (CAC) considered this request at their meeting on July 19, 2011 and recommended approval 3-0. An excerpt from the CAC minutes is attached as Exhibit 2. FISCAL IMPACT The Engineering Phase of this project is budgeted for $70,000, with the City requested to fund ten percent (10%) of the cost and TxDOT Aviation funding the balance. The City expense is $7,000 to be paid from a previously approved Airport budget line item. PRIOR ACTION 1. Letter of request for grant funding submitted to TxDOT Aviation on September 27, 2010; 2. Project acceptance Resolution R2011-010 approved by City Council April 19, 2011; 3. Council Airport Committee recommended approval 3-0 at their meeting on July 19, 2011. RECOMMENDATION Airport Staff recommends approval of the APPA for the Engineering Phase of the Airport terminal ramp improvement. EXHIBITS 1. Resolution R2011-010 accepting a grant to fund Airport Ramp Iinprovement. 2. Excerpt from Council Airport Committee meeting July 19, 2011. 3. Ordinance to authorize APPA for Ramp Iinprovement with Agreement attached. Respectfully submitted, 4 ~ ~7 Quentin Hix Airport Manager \\codad\departments\legal\ourdocuments\resolutions\11\airporttxdot project resolution 2011.doc EXHIBIT I RESOLUTION NO. 82011-010 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RELATING TO A GRANT FOR ENGINEERING AND CONSTRUCTION OF A RAMP AREA ADJACENT TO THE AIRPORT TERMINAL AT THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas intends to make certain improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is engineering and construction for paving ramp area adjacent the Airport Terminal as shown in Attachment 1 hereto which is made apart hereof (the "Project"); and WHEREAS, the City of Denton, Texas intends to request financial assistance from the Texas Department of Transportation (TxDOT) for the Project; and WHEREAS, total Project costs are estimated to be $970,000, and the City of Denton be responsible for 10% of the total Project cost, said 10% currently estimated to be $7,000 for engineering in Fiscal Year 2011 and $90,000 for construction in Fiscal Year 2012, for a total local cost of $97,000; and WHEREAS, the City of Denton names the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for administration of contracts necessary for the implementation of these improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby directs the City Manager, or his designee, to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the Project and related improvements at the Denton Municipal Airport. i s:\legal\our documents\resolutions\11\airport txdot project resolution 2011.doc EXHIBIT I PASSED AND APPROVED this the 19- day of 2011. MARK A. RROUGHS 'MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i I Attachment 1 EXHIBIT 1 I ~Ci EXHIBIT 2 Excerpt from Meeting Minutes City Council Airport Committee Tuesday, July 19, 2011 Item 5. Receive a report, hold a discussion and provide a recommendation to the City Council regarding an ordinance authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation Aviation Division relating to certain ramp improvements at the Denton Municipal Airport and authorizing the expenditure of funds as provided for in said Agreement. Hix gave a review of the request to accept grant funding for additional ramp area adjacent to the Denton Airport Terminal that was approved by City Council on April 19, 2011. The City is now requested to consider an Airport Project Participation Agreement (APPA) with Texas Department of Transportation Aviation (TxDOT Aviation) for the engineering phase of this project at a cost of $70,000. The City is requested to pay ten percent (10%) of the cost or $7,000. The engineering phase would begin within thirty (30) days of the project agreement. A separate agreement will be presented for the City's portion of the construction phase of the project in early 2012. Discussion followed on the amount being requested, handling the fund as a capitalized project, and how the gas well revenues and operating revenues are used to pay for this project. Bryan Langley, Chief Financial Officer, offered clarification on how gas well revenues and operating revenues are handled. Previously, the Airport was part of the general fund and airport revenues would go into the general fund. The Airport gas well fund was a separate fund. When it became an Airport enterprise fund, the general fund portion and the gas well portion were combined into one fund. When the fund is capitalized, the capital expenditures are shown as a transfer into capital projects. This is a line item in the budget, and goes into a capital account that can be multi-year in nature. Some of these projects can take eighteen months to two years to complete. When this project is referred to as capitalized, that means it is transferred out of the Airport fund into the capital projects fund for the Airport, to track them separately. The Airport Fund is included in the Executive Dashboard of the Quarterly Financial Report and provides a quick review of the fund's activity. Mayor Pro Tem Kamp motioned to approve and recommend to Council the Airport Project Participation Agreement for the engineering phase of the Airport terminal ramp improvement. Motion seconded by Council Member Watts. The motion carried unanimously. sAegallour documentslordinances1111airport appa ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE 'CITY OF : DENTON JN, ORDER. TO IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton or his designee is hereby authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement (APPA) with the Texas Department of Transportation Aviation Division (TxDOT Aviation) relating to certain improvements at the Denton Municipal Airport as identified in the APPA, a copy of such contract being attached hereto and made a part hereof for all purposes and referenced as TxDOT Contract No. IXXAV074 (the "Agreement' ) and to expend funds as provided for in the Agreement. SECTION 2. The City Manager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions or agreements required to be executed to receive the funds provided under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJ No.: 1118DNTON TxDOT Project No.: AP DENTON TxDOT Contract No.: IXXAV074 Commission Approval: June 34, 2011 NPE Funds Applied: FY10 DUNS: 071380190 C.F.D.A.:20.106 Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as design services to: expand and mark apron north of terminal building; drainage improvements; demolition of pavement and utilities; install tiedowns; and install apron lighting/fencing at the Denton Municipal Airport. The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in Page 1 of 36 I consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained 4n the Airport Project Participation Agreement and its acceptance of this Offer as provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance 1. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that design/engineering project costs will be approximately $70,000 (Amount A). It is further estimated that approximately $70,000 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. The estimated project cost for the construction phase of this project is $900,000 (Amount Q. The construction phase will be started upon completion of design, dependent upon availability of federal funds, and approval of the Texas Transportation Commission. A separate grant will be issued for the construction phase. In the event that federal funds are unavailable, this Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor. 3. The maximum obligation of the United States payable under this offer shall be $63,000 (Amount D). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this Page 2 of 36 + YA S project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $7,000 (Amount E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount D). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 5. During design, if the estimated eligible construction project costs exceed Amount C, above, the Sponsor may request the State to void this Agreement. The State shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the State to void the Agreement shall be in writing and dated; and b. if required by the State, the Sponsor shall reimburse the State for funds expended on this project and Sponsor shall assume the responsibility for any future expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the State may be retained until this requirement is satisfied; and c. _ failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. 6. Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall declare this Agreement null and void, and this Agreement shall have no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor within a reasonable time. 7. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of Page 3 of 36 the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA, shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 8. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. 9. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay the obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. Expenditures for eligible project costs for the above project made by the State or the Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of the authority to expend federal grant funds, shall be made from Sponsor funds. 10. The State shall make all reasonable attempts to acquire federal funding for the completion and construction of this project within two years of completion of design services. The Sponsor agrees to complete and construct this project within two years of completion of design services, subject to the availability of federal funds. PART III - Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Property Interests, attached and made a part of this Agreement; and Page 4 of 36 b. it will comply with the Attachment B, Certification of Airport Fund, attached and made a part of this Agreement; and c it will comply with the Attachment C, Airport Assurances (3/2011)(State Modified 3/2011), attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and f. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and h. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and i. it will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport; and j, it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and Page 5 of 36 k. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and 1. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). M. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such find may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and n. for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and o. ° the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and q. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and Page 6 of 36 r. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and s. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and t. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting the claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Page 7 of 36 Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction conferences, and for the submission and opening of construction bids. 6. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 7. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. 8. The Sponsor shall have on file with the State, Attachment D, Certification Regarding Drug-Free Workplace Requirements, attached and made part of this agreement. 9. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems. 11. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E "Pavement Maintenance Management Program", attached and made part of this agreement. Page 8 of 36 IA 12. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance. Part IV- Nomination of the Agent 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a, apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent. e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; select the Page 9 of 36 consultant; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; j. participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V - Recitals 1. The State and the Sponsor shall obtain an audit as required by federal or state regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal Page 10 of 36 and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law. 4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incidental to, compliance with this grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third parry. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; C. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project Page 11 of 36 pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Page 12 of 36 Part VI - Acceptance of the Sponsor The City of Denton, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement. Executed this day of , 20 The City of Denton, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Sponsor's Attorney , I, ~ `rn j X acting as attorney for 11~tu, cR~~ r~ a in Texas, do certify that I have fully examined the Agreement and the proceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at :)M+f-~ , Texas, this Z k day of , 20 l i . nn t Witness Signature Attorney Si tore a-- N5S Witness Title Page 13 of 36 i I a F ' Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission: STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 14 of 36 ATTACHMENT A CERTIFICATION OF AIRPORT PROPERTY INTERESTS By signature below, the Sponsor does certify that the airport property, as reflected on the property map and attorney certificate dated September 24, 2009 and on file with TxDOT Aviation Division, remains unchanged and is an accurate reflection of the property owned and/or controlled for the Denton Municipal Airport. City of Denton, Texas (Sponsor) By: Title: Date: Page 15 of 36 r z ATTACHMENT B CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fixed may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole.. The City of Denton, Texas (Span r) By: Title: Chief Financial Officer Date: July 26 , 2011 Page 16 of 36 ATTACHMENT C Part V ASSURANCES Airport Sponsors March 2011 A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These ass prances are required to be submitted as part of the project application by sponsors requesting finds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport, the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terns, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life ofthe project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration ofthe assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terns, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Norse Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of proj Oct items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in fall force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: Page 17 of 36 i 4 t General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea.' C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se q. d. Hatch Act - 5 U.S.C. 1501, et se .z e . Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sN.i 2 f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(#).' g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.G. Section 3001, et semi- . 1. Clean Air Act, P.L. 90-148, as amended. j . Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973- Section 102(a) - 42 U.S.C. 4012x.' L Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.' T. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 83 73.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sect.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.' V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et se .Z X. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699- Seunic Safety offederal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Page 18 of 36 Federal Regulations a. 14 CFA Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates. e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non- conskuction contracts subject to the Contract Work Hours and Safety Standards Act). g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).I h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.12 M. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' t3. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-1 33 - Audits ofStates, Local Govemments, and Non-Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2 Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and Page 19 of 36 carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicants governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances ofthis grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may he required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and mainternance of items funded under this grant agreement which it will own or control. 4 Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carved out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion ofthe property upon which Federal fiords will be expended or will give assurance to the Secretary that good title will be obtained. S Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations ofthis grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. Page 20 of 36 d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assu mves for the dwedon ofthese assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. It will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission ofthis application) ofpublic agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, oramajor runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator ofthe Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United Page 21 of 36 States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carver aircraft. 13 Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grand, the total cost of the proj ect in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General ofthe United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy ofsuch audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 11 Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded cinder this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15 Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans ofthe Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16 Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval ofthe Secretary, and incorporated into this grant agreement. Yl. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 1$ Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will finnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. Page 22 of 36 C. It will include in all published material pmpared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with Rands under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any ofthe material prepared in connection with this grant. f It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use ofthe sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part ofthis grant does not constitute or imply any assurance or commitment on the part ofthe Secretary to approve any pending or fixture application for a Federal airport grant. L4 Operation and Maintenance. a The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non- aeronautical purposes must first be approved by the Secretary. In fiartherance of this assurance, the sponsor will have in effect arrangements for- a ) Operating the airport's aeronautical facilities whenever required; 2) Promptly marling and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor, b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 24. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrurnent and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption Page 23 of 36 of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for f vnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed- based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air tamer tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. £ It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not linuted to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any ofthe rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the famishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users ofthe airport as may be necessary for the safe and efficient operation of the airport. L The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 21 Exclusive Rights. It will permit no exclusive right for the use of the airport by Page 24 of 36 any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space ]eased pursuant to an existing agreement between such single fixed- based operator and such airport It further agrees that it will not, either directly or indirectly, grant or permit any person, fine, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance withthe provisions of Section 47107 ofTitle 49, United States Code. M Reports and Inspections. It will: Page 25 of 36 a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; matte available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances ofthis grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of govemment and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess ofthose which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number ofmovements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Govemment for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings ofthe sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries ofthe airport and all proposed additions thereto, together with the boundaries of all oflsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, Page 26 of 36 . 3 s shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or offthe airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession ofthe property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' ptoporiionate share ofthe fair market value ofthe IaA That portion ofthe proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency ofthe airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no Page 27 of 36 later than December 15, 1989. d Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period oftime prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cant' out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to Page 28 of 36 such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- i ) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time flame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August I of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Page 29 of 36 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 612/2010 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports airtrafficlair ortslresourcesladviso circulars NUMBER TITLE 7017460-1 K Obstruction Marking and Lighting 15015000-13A Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 15015020-1 Noise Control and Compatibility Planning for Airports 15015070-6B Airport Master Plans Chan e 1 15015070-7 The Airport System Planning Process 15015200-28D Notices to Airmen (NOTAMS) for Airport Operators 15015200-30C Airport Winter Safety and Operations 15015200-33B Hazardous Wildlife Attractants On or Near Airports 1 50752 1 0-5D Painting, Marking and Lighting of Vehicles Used on an Airport 15015210-7D Aircraft Fire and Rescue Communications 15015210-13B Water Rescue Plans, Facilities, and Equipment 15015210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 15015210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 15015210-19A Driver's Enhanced Vision System (DEVS) 15015220-413 Water Supply Systems for Aircraft Fire and Rescue Protection 15015220-13B Runway Surface Condition Sensor Specification Guide 15015220-16C Automated Weather Observing Systems for Non-Federal Applications Page 30 of 36 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBER TITLE 15015220-17A Design Standards for an Aircraft Rescue Firefighting Training Facility and Change 1 15015220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 15015220-20 and Airport Snow and Ice Control Equipment Chan e 1 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015220-22A En ineered Materials Arresting System EMAS for Aircraft Overruns 15015220-23 Frangible Connections 15015220-24 Foreign Object Debris Detection Equipment 150/5300-13 Airport Design and Chan es 1 -15 150/5300-14B Desi n of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 15015300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition 1 5015300-1 8B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C and Surface Drainage Design Chan e 1 15015320-8E Airport Pavement Design and Evaluation 15015320-12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport through 8 Pavement Surfaces 15015320-14 Airport Landscaping for Noise Control Purposes Page 31 of 36 NUMBER TITLE 150/5320-15A Management of Airport Industrial Waste 15015325-4B Runway Length Requirements for Airport Design 1 5 015335-5A Standardized Method of Reporting Airport Pavement Strength PCN 15015340-1J Standards for Airport Markings (Change 1&2) and Change 2 15015340-5C Segmented Circle Airport Marker System 15015340-18E Standards for Airport Sign Systems 15015340-30D Design and Installation Details for Airport Visual Aids 15015345-3F Specification for L821 Panels for the Control of Airport Lighting 15015345-5B Circuit Selector Switch Specification for L824 Underground Electrical Cable for Airport Lighting 1505345-7E Circuits 15015345-10F Specification for Constant Current Regulators Regulator Monitors 15015345-12E Specification for Airport and Heliport Beacon I I 15015345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 15015345-26D Specification for L823 Plug and Receptacle, Cable Connectors 15015345-27D Specification for Wind Cone Assemblies 15015345-28F Precision Approach Path Indicator (PAPI) Systems 1 5 015345-3 9C FAA Specification L853, Runway and Taxiway Retrorefiective Markers 15015345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 15015345-43F Specification for Obstruction Lighting Equipment 15015345-44H Specification for Taxiway and Runway Signs 15015345-45C Low-Impact Resistant (LIR) Structures Page 32 of 36 NUMBER TITLE 15015345-46D Specification for Runway and Taxiway Light Fixtures 1 5 015 34 5-4 7B Specifications for Series to Series Isolation Transformers for Airport Lighting System 15015345-49C Specification L854, Radio Control Equipment 15015345-50B Specification for Portable Runway and Taxiway Lights 15015345-51A Specification for Discharge-Type Flasher Equipment 15015345-52A Generic Visual Glideslope Indicators (GVGI) 15015345-53C Airport Lighting Equipment Certification Program 15015345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short 15015345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 15015345-56A Specification for L-8900 Airport Lighting Control and Monitoring System ALCMS 15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 15015360-12E Airport Signing and Graphics 15015360-13 Planning and Design Guidance for Airport Terminal Facilities and Change 1 15015370-2E Operational Safety on Airports During Construction 150/5370-10E Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport 15015370-11A Pavement 15015380-613 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-213 Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases Page 33 of 36 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 61212010 NUMBER TITLE 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 15015100-17 and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program through 6 Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 15015300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 15015320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 15015370-6D Construction Progress and Inspection Report -Airport Grant Program Change 1-4 15015370-12A Quality Control of Construction for Airport Grant Projects 15015370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management Program 15015380-8A Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 61212010 NUMBER-- TITLE Announcement of Availability - Passenger Facility Charge (PFC) Application 15015000-12 (FAA Form 5500-1) Page 34 of 36 ATTACHMENT D CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Denton Municipal Airport 5000 Airport Road Denton, Texas 76207 Check i ere e o laces on Ile that are not identified here. Signed: Dated: 7 2.& r Carla omine-Haggmark, Director of Human Resources Typed Name and Title of Sponsor Representative Page 35 of 36 ATTACHMENT E PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program tit deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. . The following must be depicted in an appropriate form and level of details: Location of all runways, taxiways, and aprons Dimensions Type of pavement Year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minim information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. Page 36 of 36 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance accepting a deed from Forestar USA Real Estate Group Inc., a Delaware Corporation, conveying to the City of Denton an approximate 15378 acre tract situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas for Park and Recreation purposes; and providing an effective date. BACKGROUND Forestar USA Real Estate Group Inc. is proposing to dedicate to the City of Denton a 15378 acre tract of land in the Preserve at Pecan Creek Subdivision for purposes of a park. This dedication is in addition to the open space requirements for the subdivision, which have already been completed. The subject property contains paved trails that meander through wooded areas from the Denton Branch Rail Trail to Swisher Road. The City does not anticipate any changes except for future enhancements of the paved trail system. There are long-term plans to construct a pedestrian bridge across the creek to connect the park and the single family lots and multi-family developments to the south. This will provide for more connectivity for residents to the school and amenities in the community. OPTIONS 1. Recommend approval of the Ordinance. 2. Not recommend approval of the Ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Planning and Zoning Commission approval of Final Plat and Detail Plan on September 8, 2010 with a vote of 7-0. City Council approval of Final Plat and Detail Plan October 18, 2010 FISCAL INFORMATION None Agenda Information Sheet August 2, 2011 Page 2 EXHIBITS 1. Location map 2. Ordinance 3. Deed from Forestar USA Real Estate Group Inc. Respectfully submitted, m - . Emerson Vorel Director Parks and Recreation Department Prepared by, Pamela G. England Real Estate Specialist Preserve at Pecan Creek Lakeview Trail Park Donation ~ .f 46 s'in f y a 55 y PRIVAT F - 7 Forestar USA "WEI Property Donation 'CHAPARRAL h LJ FW y < r ~ ors y / a . Z G V 0 lip, ry ~rU . ray P Y~ U 410 710 355 0 710 Feet F,s I.II9 ITN sAtegaAour documentslordinances\1 I\forestar deed preserve at pecan creek 4-5-11.doc ORDINANCE NO.2011- AN ORDINANCE ACCEPTING A DEED FROM FORESTAR (USA) REAL ESTATE GROUP INC., A DELAWARE CORPORATION, CONVEYING TO THE CITY OF DENTON AN APPROXIMATE 15.378 ACRE TRACT SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS FOR PARK AND RECREATION PURPOSES; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City of Denton hereby accepts a Deed from Forestar (USA) Real Estate Group Inc., a Delaware corporation, conveying to the City of Denton an approximate 15.378 acre tract of land for park and recreation purposes, a copy of which deed is attached hereto and made a part hereof as "Exhibit A". SECTION 2: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: A- rc-,- i NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation ("Grantor"), for and in consideration of the sum of Ten Dollars and No Cents ($10.00) and other valuable consideration paid to Grantor by the CITY OF DENTON, Texas, a home rule municipal corporation ("Grantee"), has, subject to the reservations and exceptions set forth below, GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, to Grantee all of that certain real property, together with appurtenances thereto and improvements thereon, and together with all rights and interests of Grantor in and to all adjacent public streets and rights-of- way, more particularly described as Lot-, Block of the according to the plat thereof recorded in cabinet page of the Map and Plat Records of Denton County, Texas, and which is described by metes and bounds in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well Page 1 Park donation deed-final rc approved 4879528 i or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall exclude (i) all substances (except oil, gas and associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (i) all substances (except oil and gas) which are , i at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Grantee covenants to Grantor, that it shall use the Property for park and recreation purposes. This conveyance is made subject to the following (the "Permitted Encumbrances"): (i) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Page 2 Park donation deed-final re approved 4879528 (ii) Easement executed by J.W. Ward to Southwestern Bell Telephone i Company filed September 26, 1946, recorded in Volume 329, Page 473, Deed Records of Denton County, Texas. (iii) Easement executed by J.W. Ward to City of Denton, Texas filed December 13, 1955, recorded in Volume 417, Page 594, Deed Records of Denton County, Texas. (iv) Easement executed by J.F. Huffines, Jr. to City of Corinth, Texas filed July 11, 1972, recorded in Volume 650, Page 305, Deed Records of Denton County, Texas. (v) Easement executed by Neal J. Tinnerello to City of Corinth/Denton filed February 8, 1973, recorded in Volume 665, Page 419, Deed Records of Denton County, Texas. (vi) Easement executed by Shiloah Limited Partnership to City of Denton, Texas filed January 18, 1989, recorded in Volume 2518, Page 270, Real Property Records of Denton County, Texas. (vii) Undivided 1/4 interest in oil, gas and other minerals conveyed in mineral deed from Thomas K. Fulton to D.O. Fulton filed- November 6, 1969, recorded in Volume 594; Page 82, Deed Records of Denton County, Texas. (viii) Undivided '/2 interest in oil, gas and other minerals reserved in deed from J.L. Allison to H. Grady Baker and wife, Mattie Hogan Baker filed May 12, 1947, recorded in Volume 335, Page 339, Deed Records of Denton County, Texas. (ix) Undivided '/4 interest in oil, gas and other minerals reserved in deed from Mattie B. Baker, a widow to Billy Jack Massey and wife, Norma Jeanne Massey filed Page 3 Park donation deed-final rc approved 4879528 April 5, 1963, recorded in Volume 492, Page 333, Deed Records of Denton County, Texas. (x) Undivided interest in oil, ' gas and other minerals reserved in deed from Latina Ann Caudle Huffines, a single woman to RWGP, Inc. filed January 18, 1984, recorded in Volume 1326, Page 229, Real Property Records of Denton County, Texas. (xi) Easement executed by Preserve at Pecan Creek, Ltd. to City of Denton, Texas filed May 18, 2001, recorded in Volume 4840, Page 18, Real Property Records of Denton County, Texas. (xii) Undivided interest in oil, gas and other minerals conveyed in mineral deed from Parliament Bluffs, Ltd., a Texas limited liability partnership to Berkshire Minerals, Ltd., a Texas limited partnership filed March 12, 2004, under CC# 2004-31135, re-filed April 12, 2004, under CC# 2004-45294 and re-filed September 16, 2005, under CC# 2005-116254, Real Property Records of Denton County, Texas. Waiver of Surface Rights filed September 16, 2005, under CC# 2005-116258, Real Property Records of Denton County, Texas. (xiii) Terms and Conditions of Restoration and Repair Agreement by and between TRANSCONTINENTAL REALTY INVESTORS, INC. and FORESTAR r (USA) REAL ESTATE GROUP INC., filed April 20, 2007, under CC# 2007-46558, Real Property Records of Denton County, Texas. (xiv) Public Drainage Easement executed by FORESTAR (USA) REAL ESTATE GROUP INC. to CITY OF - DENTON, TEXAS, filed June 22, 2007, under CC# 2007-73739, Real Property Records of Denton County, Texas. Page 4 Park donation deed-final rc approved 4879528 (xv) Public Utilities Easement executed by FORESTAR (USA) REAL ESTATE GROUP INC. to CITY OF DENTON, TEXAS, filed June 22, 2007, under CC# 2007-73740, Real Property Records of Denton County, Texas. (xvi) Public Drainage Easement executed by FORESTAR (USA) REAL ESTATE GROUP INC. to CITY OF DENTON TEXAS, filed June 22, under CC# 2007- 73741, Real Property Records of Denton County, Texas. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, and its successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, and its successors and assigns against every person whomsoever claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise, subject to the Permitted Encumbrances. [SIGNATURE PAGE IMMEDIATELY FOLLOWS] Page 5 Park donation deed-final rc approved 4879528 IN WITNESS WHEREOF, Grantor has executed this instrument as of the day of UU 2011. FORESTAR (USA) REAL ESTATE GROUP INC., a Delaw e c rporation B Name: omas IH Burl son Title: Executive Vice President ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF § T iS Deed was acknowledged before me on the day of 2011, by Thomas H. Burleson, Executive Vice President of F star (U ) Real Estate Group Inc., a Delaware corporation, on behalf s 'd corporation. otary Public, State of Texas My commission expires: MIbANA D. 1ASEY + NOTARY PUBLIC STATE OF TEXAS COMM. EXP. 02-23-2013 Page 6 Park donation deed-final re approved 4879528 i Exhibit A Legal Description of Park Property WHEREAS FORESTAR REAL ESTATE GROUP INC. is the owner of all that tract of land in the City of Denton, Denton County, Texas, a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being all of that 15.378 acre tract of land described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in Clerk's Document Number 2005-116256, Denton County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22, The Preserve at Pecan Creek, an addition to the City of Denton as recorded in Cabinet R, Slide 366, Denton County Plat Records, said point being in the northeast line of a tract of land conveyed to the City of Denton as recorded in Clerk's Document Number 93- R0058485, Denton County Deed Records; THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1, Block 22 as follows: North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; Northeasterly, 904.04 feet with a curve to the right having a central angle of 54 degrees 31 minutes 26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose chord bears North 41 degrees 54 minutes 13 seconds East, 870.31 feet to a one-half inch iron rod found for corner; North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod found for corner; i j . Northeasterly, 275.00 feet with a curve to the left having a central angle of 10 degrees 09 minutes 56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose chord bears North 64 degrees 04 minutes 58 seconds East, 274.65 feet to an "X" found in concrete; North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod found for corner; Northeasterly, 500.23 feet with a curve to the left having a central angle of 34 degrees 31 minutes 53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose chord bears North 41 degrees 44 minutes 03 seconds East, 492.69 feet to a one-half inch iron rod found for corner; North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod found for corner, said point being the most northerly corner of said 15.378 acre tract, said point being in Swisher Road (variable width right-of-way), said point also being in the west line of an 8.807 acre tract of land conveyed to Lumbermen's Investment Corp. as recorded in Clerk's Document No. 2005-116256, Denton County Deed Records; THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of said 15.378 acre tract and with Swisher Road to a one-half inch iron rod with "M Page 1 4748387 PartnersI" yellow cap set for corner, said point being the northeast corner of The Preserve at Pecan Creek, Section B, an addition to the City of Denton as recorded in Cabinet T, Slide 135, Denton County Plat Records, said point also being in the west line of a 5.47 acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No. 2006-43436, Denton County Deed Records THENCE with a south line of said 15.378 acre tract and with the north line of said Section B as follows: South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod found for corner; South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod found for corner; South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one-half inch iron rod found for corner; Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle of 87 degrees 29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet, whose chord bears South 48 degrees 03 minutes 24 seconds West, 69.15 feet to a one- half inch iron rod found for corner; North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod with "JB Partnersl" yellow cap set for corner, said point being the northwest corner of said Section B, said point being in the east line of Lot 2, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 740, Denton County Plat Records; THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said 15.378 acre tract to a one-half inch iron rod found at the most northerly northeast corner of said Lot 2; THENCE with the southeast line of said 15.378 acre tract and with the northwest line of said Lot 2 as follows: South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod found for corner; South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod found at a northwest corner of said Lot 2, said point being the most northerly corner of Lot 1, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 737, Denton County Plat Records; THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch iron rod found at the most southerly southeast corner of said 15.378 acre tract, said point being in the northeast line of said City of Denton tract, said point also being the most westerly corner of said Lot, Block A; THENCE with the southwest line of said 15.378 acre tract and with the northeast line of said City of Denton tract as follows: Page 2 4748387 North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod found for corner; Northwesterly, 340.94 feet with a curve to the left having a central angle of 12 degrees 39 minutes 38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose chord bears North 51 degrees 52 minutes 43 seconds West, 340.25 feet to the POINT OF BEGINNING and containing 669,855 square feet or 15.378 acres of land. i Page 3 4748387 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene >I SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Landscape and Maintenance Agreement between the City of Denton and the Preserve at Pecan Creek Homeowners Association Inc., a Texas Non-Profit Corporation regarding a 15378 acre tract of land located in the Gideon Walker Survey, Abstract Number 1330, City and County of Denton, Texas; and providing an effective date. BACKGROUND Forestar USA Real Estate Group Inc. is the developer of the Preserve at Pecan Creek Subdivision. The developer is proposing to dedicate to the City of Denton a 15378 acre tract of land in the Preserve at Pecan Creek Subdivision for purposes of a Park. Staff has recommended acceptance of the Deed to be able to continue its current use as open space and pedestrian way access. This will formalize the tract as a Public Park area connecting to the Denton Branch Rail Trail, Pecan Creek Elementary School, and in the future, to the Home Owners Association amenities center. The Preserve at Pecan Creek Homeowners Association (HOA) has been maintaining the 15378 acre tract, and has agreed to continue the maintenance for an additional five years to allow for the transition into the Parks and Recreation operations and budgeting. The Agreement ensures that the HOA will maintain the property at the level the City of Denton requires for similar parks and recreation purposes and facilities. OPTIONS 1. Recommend approval of the Ordinance. 2. Not recommend approval of the Ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Planning and Zoning Commission approval of Final Plat and Detail Plan on September 8, 2010 with a vote of 7-0. City Council approval of Final Plat and Detail Plan October 18, 2010. Agenda Information Sheet August 2, 2011 Page 2 FISCAL INFORMATION None EXHIBITS 1. Location Map 2. Ordinance 3. Landscape Maintenance Agreement Respectfully submitted, m. Emerson Vorel Director Parks and Recreation Department Prepared by, Pamela G. England Real Estate Specialist Preserve at Pecan Creek Lakeview Trail Park Donation ~ .f 46 s'in f y a 55 y PRIVAT F - 7 Forestar USA "WEI Property Donation 'CHAPARRAL h LJ FW y < r ~ ors y / a . Z G V 0 lip, ry ~rU . ray P Y~ U 410 710 355 0 710 Feet F,s I.II9 ITN salegallour docuroentslordinances1131presme landscape maintenance ordinance.doc ORDINANCE NO.2011- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK HOMEOWNERS ASSOCIATION, INC., A TEXAS NON-PROFIT CORPORATION, REGARDING A 15.378 ACRE TRACT OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on this date the City Council has approved the acceptance of a Deed from Forestar (USA) Real Estate Group Inc., a Delaware corporation, conveying a 15.378 acre tract of land to the City of Denton for park and recreation purposes (the "Park Tract"); and WHEREAS, The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non- profit corporation presently maintains, and has agreed to maintain, the Park Tract in accordance with the terms and provisions of the Landscape Maintenance Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Landscape Maintenance Agreement between the City of Denton and The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation, in the form as attached hereto and made a part hereof as Exhibit "A". SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ~X c:lusers%bloseylappdatallocallmicrosoftlwindowsltemporary internet 61es\content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc LANDSCAPE MAINTENANCE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF_DENTON § THIS LANDSCAPE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into by and between the CITY OF DENTON, TEXAS, a home rule municipal corporation (hereinafter referred to as "City") and The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation, (hereinafter referred to as "HOA"), to be effective upon execution of this Agreement by the City Manager of the City or his duly authorized designee. WITNESSETH: WHEREAS, HOA desires to maintain the Landscape (as hereinafter defined) within public property located within the Preserve at Pecan Creek Residential Subdivisions, Additions to the City of Denton, Denton County, Texas, such public property being described in Exhibit A attached hereto and made a part hereof (hereinafter called the "Park Property"); and WHEREAS, City, under the terms and conditions set forth herein, is agreeable to HOA maintaining the Landscape in and upon the Park Property with the understanding that the Park Property is "Public Park Property" and must be accessible and available to the community for its enjoyment and leisure activities. The term "Landscape" means the grass, trees and shrubs existing within the Park Property as of the Effective Date (defined below). NOW, THEREFORE, for and in consideration of the covenants, obligations and undertakings to be performed by each of the parties to this Agreement, the said parties do hereby agree as follows: 1. HOA shall maintain the Landscape within the Park Property as provided herein. 2. HOA shall maintain the Landscape within the Park Property to a minimum maintenance classification standard of Class "B" as designated in the attached Exhibit C, City of Denton Parks and Recreation Department, Park Classification Plan for turfgrass maintenance, tree/shrub maintenance, and park litter control. 3. HOA shall provide the City with a primary contact person knowledgeable about property maintenance or improvements, along with a phone number(s) where they can be reached at all LANDSCAPE MAINTENANCE AGREEMENT PAGE 1 #4748043 c:luserslbloseylappdatallocalln►icrosoftlwindowsltemporary intemet files)content.outIookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc times. A secondary contact person, along with a phone number(s) where they can be reached at all times shall also be provided to the City. The City shall maintain a database with said information solely for the operational and emergency purposes of the City. HOA shall notify the City in writing of any changes in the contact persons or phone numbers. 4. An Insurance certificate conforming to the provisions contained in attached Exhibit "B", including the City of Denton as additional insured must be in effect for routine maintenance contractors for the Park Property during the term of this Agreement. 5. Forestar (USA) Real Estate Group Inc. ("Developer") the developer of the subdivision, has already installed the Landscape and paved trail within the Park Property. The City accepts the Landscape and paved trail within the Park Property in their condition existing as of the Effective Date. The HOA shall have no obligation to make any additional improvements to the Park Property, except as may be provided otherwise herein. 6. HOA, its representatives, successors or assigns, at its sole expense, shall furnish all labor, materials, equipment, accessories and services, necessary to maintain the Landscape in a reasonably healthy and growing condition, replacing any plant materials when and as it becomes damaged, unsightly or dead. The HOA shall have no obligation to provide irrigation. If the HOA does not maintain the Landscape pursuant to the maintenance standards in this Agreement, the City may furnish the labor, materials, equipment, accessories, and services necessary to maintain the Landscape in accordance with Paragraph 7 below. 7. The City may periodically inspect the Landscape under this Agreement to determine that HOA is properly maintaining such Landscape. If, upon such inspection,. City finds that HOA is not properly maintaining such Landscape, City shall notify HOA in writing, specifying the deficiencies. If HOA does not remedy such deficiencies within fifteen (15) days following receipt of such written notice, City shall have the option of performing the necessary maintenance work itself and/or terminating this Agreement forthwith. In the event the City exercises its option to perform the necessary maintenance work itself, the City shall invoice the HOA for all costs, materials, equipment and labor necessary to perform such necessary maintenance work. The HOA agrees to pay said invoices within thirty (30) days following receipt thereof and if the HOA does not pay the invoices in a timely manner as aforesaid, the LANDSCAPE MAINTENANCE AGREEMENT PAGE 2 #474093 c:luserslbloseylappdataVocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc City may proceed with collection of same together with reasonable attorneys' fees incurred in connection therewith. 8. The Agreement may be terminated by either party with a six month written notice. If the HOA elects to terminate this Agreement, notice must be given no later than March 31 in the year of termination so the City can have ample time to incorporate the Landscape maintenance expenses into their annual budget process. Notwithstanding anything herein to the contrary, HOA's termination may not be made until after the fifth anniversary date of this Agreement without the written consent of the City. The terminating party shall notify the non-terminating party in writing of its desire to terminate this Agreement and end HOA's maintenance responsibilities for the Landscape within the Park Property. Unless and until this Agreement is terminated, the Park Property will be maintained by the HOA under the common maintenance area provisions of the HOA covenants, which are recorded in under Volume 428, Page 656, Volume 433, Page 30, Volume 4570, Page 2096; Volume 5112, Page 1616; Volume 5112, Page 1619; Instrument No. 2005-R0116252; Instrument No. 2005-R0116253; Instrument No. 2005-116257; Instrument No. 2006-R077114; Instrument No. 2007-124790; Instrument No. 2007-30858; Instrument No. 2004-51715 of the Real Property Records of Denton County, Texasand recorded in/under Cabinet W, Slide 848; Cabinet X, 'Slide 215 of the Plat Records of DENTON County, Texas. HOA, at its sole expense upon request of the City, shall furnish all labor, materials, equipment, accessories and services to remove and replace any damage or unwanted plant material to meet the City's standards set forth in . Exhibit C, and leave the areas in a condition acceptable to the City. 9. The City shall have the right to place signs on the Park Property indicating the Park Property as City of Denton Park areas. 10. The Developer and/or homebuilders may keep the advertising signs for the sale of homes which are located on the Park Property as of the Effective Date herein and any replacement advertising signs which are reasonably similar in size and content, so long as such signs are in conformity with the City of Denton Development Code including, without limitation, Chapter 15 thereof. Any additional signs must be approved in writing by the City of Denton Parks Department which approval shall not be unreasonably withheld, conditioned or delayed. All advertising signs must be removed by the Developer and/or homebuilders once the final build LANDSCAPE MAINTENANCE AGREEMENT PAGE 3 #4748043 c:laserslbloseylappdataVocallmicrosoftlwindowsltemporary intemet files)content.outlookls6ov5Z3rlpreserve landscape maintenance agreement-finalre approved.doc out of the Preserve at Pecan Creek subdivision phases aref complete and the newly constructed homes are sold by homebuilders. 11. All notices required under the provisions of this Agreement must be in. writing, hand-delivered or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses below: City: City of Denton, Texas Attention: Director of Parks and Recreation 321 E. McKinney Denton, TX 76201 Fax: (940) 349-8384 HOA: The Preserve at Pecan Creek Homeowners Association c/o Forestar USA Real Estate Group Inc. Attention: Barbara Losey 14755 Preston Rd., Suite 710 Dallas, TX 75254 Fax: 9721702-8372 With copies to: City of Denton, Texas Attention: City Attorney 215 E. McKinney Denton, TX 76201 Fax: 9401382-8596 Mark V. Murray Glast, Phillips & Murray 14801 Quorum Drive Suite 500 Dallas, TX 75254 Fax: 9721419-8329 The name and address for notification may be changed by written notice to the other party. 12. HOA and its successors and permitted assigns, hereby covenants and agrees that no claim, loss, cause of action, suit or other action for damages resulting from death or personal injury to any of the above, or damage to personal property belonging to any of the above, and arising out of or related in any way to the installation and maintenance of the Landscape, and maintenance of the said Park Property by HOA will ever be instituted by HOA, or its successors or assigns against the City of Denton, its elected LANDSCAPE MAINTENANCE AGREEMENT PAGE 4 #14748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc officials, officers, agents or employees, and such claims, losses, causes of action, suits or other actions are hereby expressly released by the HOA, for itself, its successors and permitted assigns, and the HOA for itself, its successors and permitted assigns do hereby release the City of Denton, its elected officials, officers, agents and employees from and against same. The terms of this Section 12 shall survive termination of this Agreement. 13. HOA and its successors and permitted assigns, hereby covenant and agree to indemnify, hold harmless and defend the City of Denton, its elected officials, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims, losses, demands, suits, or causes of action (including court costs and attorneys' fees) of any nature whatsoever arising out of or related to the HOA's maintenance of the Landscape and/or occupation of the Park Property during the term of this Agreement, save and except for any losses due to the intentional torts of any indemnified Parties and such duty shall survive the termination of this Agreement as to any claims arising out of or related to events occurring during the Agreement term. 14. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and permitted assigns. Neither party may assign or transfer an interest in this Agreement without the written consent of the other party. Any attempted assignment or transfer of an interest in this Agreement without the written consent of the other party shall be void. The City Council of the City delegates the authority to act under this Section 14 to the Director of Parks and Recreation of the City of Denton, Texas. 15. This Agreement and all requirements hereunder may be modified or amended only by written instrument executed by HOA and the City, their representatives, successors, or assigns. 16. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement, and Denton County shall be the exclusive venue for the bringing of any action to enforce the terms and conditions of this Agreement. LANDSCAPE MAINTENANCE AGREEMENT PAGE 5 #4748043 c:%userslbioseylappdatallocallmicrosoftlwindowsltemporary internet fiieslcontent.outlook\s6ov5z3r1preserve landscape maintenance agreement-finalrc approved.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below, to be effective for all purposes as of 2011 (the "Effective Date"). CITY OF DENTON, TEXAS Date: By: George C. Campbell City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: Anita Burgess, City Attorney The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation Date: oho// By: Darrell Amen, President LANDSCAPE MAINTENANCE AGREEMENT PAGE 6 #4748093 causers%bloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalre approved.doc ACKNOWLEDGMENTS STATE OF TEXAS § .COUNTY OF DENTON § This instrument was acknowledged before me this day of , 2011, by George C. Campbell, City Manager of the CITY OF DENTON, TEXAS, a home-rule municipal corporation, for and on behalf of said municipal corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § This strument was acknowledged before me this day of 2011, by Darrell Amen, President of of PRESERVE AT PECAN CREEK MEOWNERS ASSOCIATION, a xas non-profit corporation, on behalf of such corporations. BARBARA D. LOSEY NOTARY PUBLIC STATE OF TAUS Notary Public, State of Texas COMM. EXP. 0243403 maintenance agreement-final.doc LANDSCAPE MAINTENANCE AGREEMENT PAGE 7 ##4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlook~s6ov5Z3r1preserve landscape maintenance agreement-fmalrc approved.doc Exhibit A Legal Description of Park Property WHEREAS FORESTAR REAL ESTATE GROUP INC. is the owner of all that tract of land in the City of Denton, Denton County, Texas, a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being all of that 15.378 acre tract of land described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in Clerk's Document Number 2005-116256, Denton County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22, The Preserve at Pecan Creek, an addition to the City of Denton as recorded in Cabinet R, Slide 366, Denton County Plat Records, said point being in the northeast line of a tract of land conveyed to the City of Denton as recorded in Clerk's Document Number 93- R0058485, Denton County Deed Records; THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1, Block 22 as follows: North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; Northeasterly, 904.04 feet with a curve to the right having a central angle of 54 degrees 31 minutes 26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose chord bears North 41 degrees 54 minutes 13 seconds East, 870.31 feet to a one-half inch iron rod found for corner; North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod found for corner; Northeasterly, 275.00 feet with a curve to the left having a central angle of 10 degrees 09 minutes 56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose chord bears North 64 degrees 04 minutes 58 seconds East, 274.65 feet to an "X" found in concrete; North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod found for corner; Northeasterly, 500.23 feet with a curve to the left having a central angle of 34 degrees 31 minutes 53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose chord bears North 41 degrees 44 minutes 03 seconds East, 492.69 feet to a one-half inch iron rod found for corner; North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod found for corner, said point being the most northerly corner of said 15.378 acre tract, said point being in Swisher Road (variable width right-of-way), said point also being in the west line of an 8.807 acre tract of land conveyed to Lumbermen's Investment Corp. as recorded in Clerk's Document No. 2005-116256, Denton County Deed Records; THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of LANDSCAPE MAINTENANCE AGREEMENT PAGE 8 #4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc said 15.378 acre tract and with Swisher Road to a one-half inch iron rod with "JB Partnersl" yellow cap set for corner, said point being the northeast corner of The Preserve at Pecan Creek, Section B, an addition to the City of Denton as recorded in Cabinet T, Slide 135, Denton County Plat Records, said point also being in the west line of a 5.47 acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No. 2006-43436, Denton County Deed Records THENCE with a south line of said 15.378 acre tract and with the north line of said Section B as follows: South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod found for corner; South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod found for corner; South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one-half inch iron rod found for corner; Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle of 87 degrees 29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet, whose chord bears South 48 degrees 03 minutes 24 seconds West, 69.15 feet to a one-half inch iron rod found for corner; North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod with "JB PartnersI" yellow cap set for corner, said point being the northwest corner of said Section B, said point being in the east line of Lot 2, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 740, Denton County Plat Records; THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said 15.378 acre tract to a one-half inch iron rod found at the most northerly northeast corner of said Lot 2; THENCE with the southeast line of said 15.378 acre tract and with the northwest line of said Lot 2 as follows: South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod found for corner; South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod found at a northwest corner of said Lot 2, said point being the most northerly corner of Lot 1, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 737, Denton County Plat Records; THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch iron rod found at the most southerly southeast corner of said 15.378 acre tract, said point being in the northeast line of said City of Denton tract, said point also being the most westerly corner of said Lot, Block A; LANDSCAPE MAINTENANCE AGREEMENT PAGE 9 #4748093 c:luserslbloseylapodatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc THENCE with the southwest line of said 15.378 acre tract and with the northeast line of said City of Denton tract as follows: North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod found for corner; Northwesterly, 340.94 feet with a curve to the left having a central angle of 12 degrees 39 minutes 38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose chord bears North 51 degrees 52 minutes 43 seconds West, 340.25 feet to the POINT OF BEGINNING and containing 669,855 square feet or 15.378 acres of land. LANDSCAPE MAINTENANCE AGREEMENT PAGE 10 #4748093 c:luserslbloseylappdataVocallmicrosoftlwindowsltemporary intemet files)content.outloolds6ov5z3r1preserve landscape maintenance agreement-fmalrc approved.doc EXHIBIT B Insurance Requirements HOA shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the HOA, HOA's agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: ISO Form Number GL 0002 (Ed 1172) covering Comprehensive General Liability and ISO Form Number GL 0404 covering Broad Form Comprehensive General Liability; or ISO Commercial General Liability coverage ("occurrence" Form CG 0001). "Claims made" form is unacceptable except for professional liability. B. Minimum Limits of Insurance HOA shall maintain not less than: General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. $1,000,000 Aggregate Policy will include coverage for (a) Premises - Operations; (b) Broad Form Contractual Liability; (c) Products and Completed Operations; (d) use of contractors and subcontractors; (e) Personal Injury; (f) Broad Form Property Damage; (g) Explosion Collapse and Underground (XCU) Coverage (when applicable), Fire Damage, Medical Expense. NOTE: The aggregate loss limit applies to each project. C. Deductibles and Self-Insured Retentions Any deductible or self-insured retentions must be declared to and approved by the City. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability a. The City, its officers, officials, employees, Boards and Commissions and volunteers are to be added as "Additional Insureds" as respects liability arising out of activities performed by or on behalf of the HOA, products and completed operations of the HOA, premises owned, occupied or used by the HOAlcontractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or LANDSCAPE MAINTENANCE AGREEMENT PAGE 11 44748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-fi-nalrc approved.doc volunteers. It is understood that the business auto policy under "Who is an Insured" automatically provides liability coverage in favor of the City. b. The HOA insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the HOA's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, Boards and Commissions or volunteers. d. The HOA's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability. 2. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or non-renewed by either party, reduced in coverage or in limits except after ten (10) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers The City prefers that Insurance be placed with insurers with an A.M. Best's rating of no less than B VI, or, A or better by Standard & Poors. This requirement will be waived for workers' compensation coverage only for those HOA/contractors whose workers' compensation coverage is placed with companies who participate in the State of Texas Workers' Compensation Assigned Risk Pool. Professional Liability carriers will need to be approved by the Risk Manager. F. Verification of Coverage HOAlcontractor shall furnish the City with certificates of insurance effecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. LANDSCAPE MAINTENANCE AGREEMENT PAGE 12 #4748093 c:lusers%bloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlookls6ov5z3r1preserve landscape maintenance agreement-fmalrc approved.doc Exhibit C MINIMUM MAINTENANCE REQUIREMENTS City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TURFGRASS MAINTENANCE MAINTENANCE Class A Class B Class C Class D TASK Mow, edge, and trim Every 7 days Every 14 days Every 30 days As needed to Mow at 2.5-3", Mow at 2.5-3", Mow at 2.5-3", maintain an identified clippings not clippings not clippings not particular natural collected. Leaves are collected. Leaves are collected. Leaves are state or within City shredded and returned shredded and shredded and returned code to soil. returned to soil. to soil. Fertilization 3 lbs Nitrogen per 1 lb Nitrogen per None None 1000 sf per year in 2 1000 sf per year in applications one application (1.5## I a lication Irrigation 1"/week, repairs None None None within 5 days Aerification 3 times/year in 2 times per year None None conjunction with fertilizer applications Overseed/sod Overseed all bare None None None areas in turfgrass once during growing season. Leaf Removal Mow & mulch Mow & Mulch None None Pesticide Program: January, February, Use cultural methods As needed to As needed to - Weed Control March as well as timely maintain an identified maintain an identified Refer to IPM Program -Non selective post-emergent particular natural particular natural requirements before herbicide on dormant applications to state or within City state or within City applying pesticides. Bermuda control unwanted code, code. -Pre-emergent in vegetation as needed. Do NOT use products February to early containing the active March for summer If needed, use low ingredients found in grassy weeds toxicity non-selective the following (Barricade or herbicide, one pesticides: 2-4,D, Dimension - application per year, Dicamba, MCPP, and Pendimethalin late night time frame. Simazine. Roundup on infield, Roundup, Finale, or base paths and fences Manor may be used. Limit Fusilade, in early March Surflan & Snapshot to planter and color beds April, May, June ONLY. MSMA in May & LANDSCAPE MAINTENANCE AGREEMENT PAGE 13 #4748093 causerslbloseylappdatallocallmicrosoftlwindowsltemporary intemet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc June (2 applications 7- Limit Rodeo to banks 10 days apart) for of creeks and ponds, grassy weeds if hand sprayers only. needed. Roundup on infield, base paths and Limit Primo to fences in April & Hardscape items. June. Treat for Fire Ants in May with Logic bait (growth Blue dye must be regulator) 1 pound per added to all spot acre. spray applications, NOT broadcast spray. July, August, September Post signs for at least Pre-emergent for 72 hours after winter weeds by application of any September 10. Treat pesticide. for grub worms in late July/ August as Minimize contact needed. with public. October, November, December Treat for Fire Ants in October with Logic bait (growth regulator) 1 pound per acre Fertilizer & January, February, Treat as needed to None None Aerification Program March prevent loss of turf No fertilization or aerification during this period. April, May, June A single application of fertilizer should take place in mid May. It should be applied at 1 pound of Nitrogen per 1000 sf. Aerification of turf should be done just prior to application of fertilizer. July, August, September One application of fertilizer should take LANDSCAPE MAINTENANCE AGREEMENT PAGE 14 #4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary intemet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-fmalrc approved.doc place during this period in mid July. It should be applied at 1.5 pounds of Nitrogen per 1000 sf. October, November, December No fertilization or aerification during this eriod. City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TREE / SHRUB MAINTENANCE MAINTENANCE Class A Class B Class C Class D TASK Tree Trimming Remove low limbs as Only hazardous limbs Only hazardous limbs Only hazardous limbs needed for safety & as needed. as needed. as needed. equipment access. Shrub Trimming Complete trim 3 times Complete trim 2 times Not performed Not performed per year. per year. Pesticide Program As needed to prevent As needed to prevent Not performed Not performed Refer to IPM loss of plant material. loss of plant material. Program requirements before applying pesticides. Fertilization 2 times/year Not performed Not performed Not performed Stump Removal As needed when As needed during As needed during Only hazardous trees higher priority winter. winter. as needed, others projects are maintained for completed. wildlife habitat. LANDSCAPE MAINTENANCE AGREEMENT PAGE 15 #4748693 causerslbloseylappdatalloM\microsoftlwindowsltemporary intemet files)content.outlookls6ov5z3rlpreserve landscape maintenance agreement-finalrc approved.doc City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN PARK LITTER CONTROL MAINTENANCE Class A Class B Class C Class D TASK Pick up trash & Pick up trash and Pick up trash, litter Pick up trash, litter Remove illegal littler; empty litter 5 days per week. and other debris twice and debris from all dumping as needed. receptacles per week from April conspicuous park through October, areas weekly from From November April through through March, pick October, monthly up trash in all from November conspicuous park through March. areas once per week. LANDSCAPE MAINTENANCE AGREEMENT PAGE 16 #4748093 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 Questions concerning this DEPARTMENT: Parks acquisition may be directed to Emerson Vorel, 7460. ACM: Fred Green SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton Texas, as Buyer and Krista M. Black and Joel N. Fountain, as Seller, contemplating the sale to and purchase by the City of Denton of an approximate 0.94 acre tract of real property in the M. Yoachum Survey, Abstract Number 1442, Denton County, Texas, being the tract conveyed from Geneva Potts Trust to David Lee Dosier, et ux, recorded in Volume 4130, Page 453, Real Property Records, Denton County, Texas, also known as 228 Mockingbird Lane, Denton, Texas, for the purchase price of one hundred eighteen thousand five hundred and no/100 dollars ($118,500.00); authorizing the City Manager to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefore; and providing an effective date. This property will be used to enlarge E. J. Milam Park. BACKGROUND The approximate .94 acre tract of land is located north of McKinney Street, with frontage along Mockingbird Lane. It is surrounded on three sides by existing City park land (E. J. Milam Park). Approximately two years ago, the property owner contacted the City, as he was contemplating selling the property, and asked if the City would be interested in purchasing it to expand the adjacent park. Staff has had interest over the years to acquire the subject purchase tract to further enhance the existing park. Staff has been in tentative negotiations with the Seller, and has recently reached favorable terms for a purchase. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 12, 2011 City Council Meeting Executive Session FISCAL INFORMATION Purchase price of $118,500 plus closing costs. Agenda Information Sheet Black/Fountain Acquisition August 2, 2011 Page 2 EXHIBITS 1. Location Map 2. Ordinance 3. Exhibit A - Contract of Sale Respectfully submitted: M. Emerson Vorel Director of Parks & Recreation Prepared by, Right of Way Agent Real Estate & Capital Support Milam Park Land Purchase 93 acres r rt•- ' ! Q ^ EVER~'. NFU°,' "r • _qy E$NENCE r w l +:a Ilk ~t t+4e sx w'~ LAN t*~ LLAND r, e A 1/2 mile Nel horhood service arm G/HISF5EgNGOAKS NE~/CIFrO _ K PARK TIMBER TRATE'~ HRSS -0 b I~ t r m+ _ ' . _ DANA 21 • 4:. . ` VA. 14- _n rid-PAI LEY r ~ {S. '~~yy Y ` k ~ k A f r ~ ara %a T KINGNSH +~VESTON~7 =c ~a RLAWMAN. C r 1$ XlEADOWLARX" Z Proposed purchase of xt Milam Park w 0.93 acres with house -.-MARKET n 1.021 acres IF's LIJ; BOB O-LINK ui b " r~t d _ 'IC710f~fT~£L+l1R ,Z"` r. - LL ; * R6IQMINGBI 15- _.N. PECA %n cKiNN~Y 4' 1 W u_9 d;.4 i~' 1 F ~~r J q9 . , 14 OIL - e F i 1 • y~ . 71LU ! ^~q r AVI 77 i ~ r ° - , e ri M • . ~ V i ! +",F' i f, 4 4 fir; Q WAGON TRAIL + Q. > s #sh1k U HE S I s 10, err 4~t,.! ~ ~~;,4iF`4`~F°t . r NA 860 430 0 860 Feet DENTON s:Alegakour documents\ordinances\11\black fountain - purchase agreement ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT OF SALE, BY AND BETWEEN THE CITY OF DENTON 'T'EXAS, AS BUYER AND KRISTA M. BLACK AND JOEL N. FOUNTAIN, AS SELLER, CONTEMPLATING THE SALE TO AND PURCHASE BY THE CITY OF DENTON OF AN APPROXIMATE 0.94 ACRE TRACT OF REAL PROPERTY IN THE M. YOACHUM SURVEY, ABSTRACT NUMBER 1442, DENTON COUNTY, TEXAS, BEING THE TRACT CONVEYED FROM GENEVA POTTS TRUST TO DAVID LEE DOSIER, ET UX, RECORDED IN VOLUME 4130, PAGE 453, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ALSO KNOWN AS 228 MOCKINGBIRD LANE, DENTON, TEXAS, FOR THE PURCHASE PRICE OF ONE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($118,500.00); AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 (i) a Contract of Sale, between the City of Denton, as Buyer and Krista M. Black and Joel N. Fountain, as Seller, in the form attached hereto and made a part hereof as Exhibit "A" (the "Contract"), with a purchase price of $118,500.00' plus costs as prescribed in the Contract; and (ii) any other documents necessary for closing of the transaction contemplated by the Contract. SECTION 2. The City Manager is hereby authorized to make expenditures as set forth in the Contract of Sale. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: s:Alegal\our documents\ordinances\1 1\black fountain - purchase agreement ordinance.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 2 EXHIBIT "A" Page 1 of 21 sAlegallour docutnentslcontractsll llblack and fountain - contract of sale - final 07051 Ldoc CONTRACT OF SALE STATE OF TEXAS § COUNTY OF DENTON § This Contract of Sale (the "Contract") is made this day of , 2011, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Krista M. Black and Joel N. Fountain (collectively referred to herein as "Seller") and the CITY OF DENTON, TEXAS, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS I I WHEREAS, Seller owns that certain tract of land being more particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, (i) the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way; and (ii) together with all and singular the improvements and fixtures thereon, less and except the refrigerator, stove and oven, dishwasher, washer and dryer and the existing red metal detached garage, all as now located on the Land, and (iii) all other rights and appurtenances to the Land (collectively, the "Property"); and WHEREAS, unless expressly provided otherwise in this Contract, all obligations of Seller are the joint and several obligations of each of them. ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller jointly for the Property is the sum of One Hundred Eighteen Thousand Five Hundred and No/100 Dollars ($118,500.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of Three Thousand and No/100 Dollars ($3,000.00), as Earnest Money (herein so called) with Capital Title of Texas, 620 EXHIBIT "A" Page 2 of 21 West Hickory Street, Denton, Texas, 76201, (the "Title Company"), as escrow agent, within seven (7) days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable jointly to and for the benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions, including those described in the Title Commitment as exceptions to which the conveyance will be subject and/or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The Survey may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, Contract of Sale Page 2 of 20 EXHIBIT "A" Page 3 of 21 water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey may further describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions or amended or revised survey(s) as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back .the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in Contract of Sale Page 3 of 20 EXHIBIT "A" Page 4 of 21 area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Seller, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession"; (d) no liens will be shown on Schedule B. Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD AND IMPROVEMENTS 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non-confidential and non-privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS WARRANTIES COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Contract of Sale Page 4 of 20 EXHIBIT "A" Page 5 of 21 Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (i) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos-containing material, petroleum products and raw materials, that are included under or regulated by any Environmental Law or that would or may pose a health, safety or Contract of Sale Page 5 of 20 EXHIBIT "A" Page 6 of 21 environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean-up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, ct seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, and state superlien and environmental clean-up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. {j) All Leases, as defined in Article V, Section 5.02(x), shall have expired or otherwise terminated and any and all tenants shall have permanently abandoned and vacated the Property on or before the date of Closing. (k) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) days after the Effective Date, Seller, at Buyer's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. Contract of Sale Page 6 of 20 EXHIBIT "A" Page 7 of 21 (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (d) Seller shall remove from the Land the refrigerator, the stove and oven, the dishwasher, washer and dryer, and the existing red metal detached garage prior to Closing. In the event Seller shall not remove such property from the Land prior to Closing, Seller expressly stipulates and agrees it waives and relinquishes all rights to such property and further expressly stipulates and agrees that Buyer may retain, destroy or dispose of any of such property left remaining on the Land at Closing in its sole and absolute discretion without liability of any kind to Buyer. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the General Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, at Seller's sole cost and expense (except as herein expressly provided to the contrary), all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article 111. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and Contract of Sale Page 7 of 20 EXHIBIT "A" Page 8 of 21 correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned, or is the subject of condemnation, eminent domain, or other material proceeding, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seiler, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall occur upon the later to occur of (i) ten (10) days following the completion of all conditions precedent to Buyer's performance of this Contract, as set forth in Article VI, hereof; and (ii) November 15, 2011, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; Contract of Sale Page 8 of 20 EXHIBIT "A" Page 9 of 21 (ii) The General Warranty Deed, substantially in the form as attached hereto as Exhibit "B", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of certified or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be paid by Buyer. Contract of Sale Page 9 of 20 EXHIBIT "A" Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; or (ii) . Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to the Earnest Contract of Sale Page 10 of 20 EXHIBIT "A" Page t f of 21 Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered as provided herein, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Krista M. Black City of Denton 8 Gilberstoun Place Edinburgh EH 15 2RB Paul Williamson Scotland Real Estate and Capital Support United Kingdom 901-A Texas Street Denton, Texas 76209 Phone: 44-131-669-3907 Telecopy: (940) 349-8951 Joel N. Fountain 945 Windermere Street Vancouver, BC V5K-4J6 CANADA Phone: (604) 999-5701 Copies to: For Buyer: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON Contract of Sale Page 11 of 20 EXHIBIT W Page 12 of 21 COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to any improvement located on the Land shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, any insurance proceeds, together with the deductible amount under Seller's policy or policies; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. If Buyer makes this election, the Closing shall be held on the tenth (10) calendar day after election is made to close and receive the proceeds described herein. Buyer shall have a period of ten (10) days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. Contract of Sale Page 12 of 20 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to the Director of Parks of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof,-an irrevocable -offer to sell'the Property-to-Buyer.-Unless by 5:00---'- " p.m., on August 3, 2011, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: By: KRISTA M. BLACK By: J N. FOUNTAIN Executed by Seller on the day of 2011. BUYER: By: GEORGE C. CAMPBELL, CITY MANAGER Contract of Sale Page 13 of 20 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to the Director of Parks of Buyer, or his designee. . 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof, an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m., on August 3, 2011, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: B Y• A M. BLACK By: JOEL N: FOUNTAIN Executed by Seller on the day of 2011. BUYER: By. GEORGE C. CAMPBELL, CITY MANAGER Contract of Sale Page 13 of 20 EXHIBIT 'A' Page 15 of 21 Executed by Buyer on the day of 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Contract of Sale Page 14 of 20 EXHIBIT W Page 16 of 21 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Capital Title of Texas 620 West Hickory Street Denton, TX 76201 By: Printed Name: Title: Contract receipt date: , 2011 Contract of Sale Page 15 of 20 EXHIBIT "A" Page 17 of 21 EXHIBIT "A" to Contract of Sale Legal Description 228 Mockingbird Lane 0.94 ACRES FIELD NOTES to all that certain tract of land situated in the M. Yoachum Survey, Abstract #1442 in the City and County, of Denton, Texas and being a re-survey of a called 0.938 acre tract of land described on the deed from Geneva Potts Trust to David Lee Dosier et ux recorded in Volume 4130, Page 453, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at a point in Mockingbird Lane and the Southwest corner of said 0.938 acre tract, THENCE North 01 Degrees 04 Minutes 00 Seconds East with said road and the West line thereof a distance of 176.27 feet to a point in said road for the Northwest corner of said 0.938 acre tract; THENCE South 88 Degrees 25 Minutes 00 Seconds East at 30.00 feet passing a''/a" capped iron rod set for reference and continuing along set course, in all, a total distance of 232.35 feet to a 5/8" iron rod found for the Northeast corner of said 0.938 acre tract; THENCE South 01 Degrees 12 Minutes 00 Seconds East along and near the remains of a fence with the East line of said 0.938 acre tract a distance of 169.50 Feet to a capped iron rod set for the Southeast corner of said 0.938 acre tract; THENCE South 89 Degrees 54 Minutes 52 Seconds West along and near the remains of a fence and the South line thereof at 209.08 feet passing a capped iron rod set for reference in the occupied East line of said road and continuing along said course, in all, a total distance of 239.09 feet to the PLACE OF BEGINNING and enclosing 0.94 acres of land more or less. Contract of Sale Page 16 of 20 EXHIBIT W Page 18 of 21 EXHIBIT "B" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Krista M. Black and Joel N. Fountain, (collectively herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). This conveyance is subject to the following: [insert Permitted Exceptions, if any] TO HAVE AND TO HOLD the Property, together with all and singular the rights Contract of Sale Page 17 of 20 EXHIBIT "A" Page 19 of 21 and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED the day of '2011. By: KRISTA M. BLACK By: JOEL N. FOUNTAIN THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2011 by Krista M. Black. Notary Public, State of Texas My commission expires: THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2011 by Joel N. Fountain. Notary Public, State of Texas My commission expires: Contract of Sale Page 18 of 20 EXHIBIT "A" Page 20 of 21 Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, TX 76209 Contract of Sale Page 19 of 20 EXHIBIT "A" Page 21 of 21 Exhibit "A" To General Warranty Deed Legal Description 228 Mockingbird Lane 094 ACRES FIELD NOTES to all that certain tract of land situated in the M. Yoachum Survey, Abstract #1442 in the City and County, of Denton, Texas and being a re-survey of a called 0.938 acre tract of land described on the deed from Geneva Potts Trust to David Lee Dosier et ux recorded in Volume 4130, Page 453, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at a point in Mockingbird Lane and the Southwest corner of said 0938 acre tract, THENCE North 01 Degrees 04 Minutes 00 Seconds East with said road and the West line thereof a distance of 176.27 feet to a point in said road for the Northwest comer of said 0.938 acre tract; THENCE South 88 Degrees 25 Minutes 00 Seconds East at 30.00 feet passing a'/z" capped iron rod set for reference and continuing along set course, in all, a total distance of 232.35 feet to a 5/8" iron rod found for the Northeast corner of said 0.938 acre tract; THENCE South 01 Degrees 12 Minutes 00 Seconds East along and near the remains of a fence with the East line of said 0.938 acre tract a distance of 169.50 Feet to a'/2" capped iron rod set for the Southeast comer of said 0.938 acre tract; THENCE South 89 Degrees 54 Minutes 52 Seconds West along and near the remains of a fence and the South line thereof at 209.08 feet passing a %2" capped iron rod set for reference in the occupied East line of said road and continuing along said course, in all, a total distance of 239.09 feet to the PLACE OF BEGINNING and enclosing 0.94 acres of land more or less. Contract of Sale Page 20 of 20 AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z08-0021 (Robson Ranch Planned Development, PD-173) Consider adoption of an ordinance of the City of Denton, Texas approving a 1,805.78± acre Detailed Plan to amend two (2) previously approved Detailed Plans. The subject Detailed Plan will allow: (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previous gas park (Gas Park 13) approximately 307 feet north from its previously approved location, and (5), the elimination of a previously approved gas park (Gas Park 9). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); providing for a penalty in the maximum amount of $2,000 for violations, thereof, severability and an effective date. (Z08-0021). The Planning and Zoning Commission recommends approval subject to conditions (4-1). PROPOSAL The applicant (Robson Denton Development, LP) is requesting approval of a sixth (6th) Detailed Plan for the Robson Ranch Planned Development (PD-173). The approval of the subject Detailed Plan will effectually amend two (2) Detailed Plans that were previously approved via Ordinance 2000-059 on February 15, 2000, and Ordinance 2003-324 on October 7, 2003. Taking into account all other previously approved Detailed Plans associated with this PD, if this Detailed Plan is approved, it will allow in addition to other developments, a total of 6,037 single- family residential lots and ten (10) Gas Parks. Overall, 7,500 residential units were approved with the Concept Plan. BACKGROUND The City Council considered this item during their July 19, 2011 Public hearing. During the deliberation process, staff stated that the Plats for both Gas Well Parks D and E were expired and that no wells were present at either Gas Park. Subsequently, the applicant countered that this information was incorrect. Staff has conducted further research and is able to confirm that the information presented regarding the development status of Gas Parks E and D was partially incorrect. The two (2) Gas Parks within the Robson PD that have expired Plats are Gas Parks D and F, not Gas Park E. There are currently five (5) gas wells on Gas Park E. Agenda Information Sheet August 2, 2011 Page 2 Below is a table showing the corrected development status of all Gas Parks within the Robson Ranch PD. Gas ' Issued Date Permit Comment Designation Permit # Issued/status kol)."oilIZ~inch'OIII (N'l1-O'-i1 lo '()w) Gas Park A kol)."oil IZancll l 1 c,ur gas N~ells drilled N~ 011111 fenced drilling and (ALI ((o P(0200) kol)."om IZancll 311 ~til I O' ~~'OO) hmductiem site. I ol).,,m 16iicll'O411 (til 1-O'44 w) '()w) Robson Ranch 101H 0811-0130 12/0'/'008 Robson Ranch 102H 0811-0246 06/25/2009 Two (2) gas wells drilled, Submitted 101H and 102H, within Gas Park B Robson Ranch 103H 0811-0247 11/13/2008 fenced drilling and OL4 Gas Pad 100) production site. Encana Robson Ranch 104H 0811-0249 Submitted did not drill 105H; permit 11/13/2008 expired on 06/14/2009. Robson Ranch 105H 0811-0250 12/16/^_008 - Gas Parl: D N A N A N A Apprm ed Dct~lilcd 11a11 i""piicd I'la[_ 1" pcrniW; Robson Ranch 501H 0911-0264 03/11/^_010 Robson Ranch 502H 0911-0272 03/29/2010 Five (5) gas wells drilled Gas Park E Robson Ranch 503H 0911-0271 01/15/2010 within fenced drilling and (1Ii 1 Gas Pad OQI Robson Ranch 504H 0911-0''70 02/16/''010 production site. Robson Ranch 505H 1001-11369 03/3()/2()10 - Gas Parl: F N A N A N A Apprm ed Dct~lilcd 11a11 i""piicd I'la[_ 11" 1,121 Lill'; Robson Ranch 601H 0909-0223 09/23/2009 Robson Ranch 602H 0912-0294 12/23/2009 Robson Ranch 603H 1001-0076 01/08/2010 Robson Ranch 604H 1001-0336 02/24/2010 Robson Ranch 605H 1003-0090 03/04/2010 Tivelve (12) gas wells Gas Park G Robson Ranch 606H 1002-0362 03/19/2010 drilled within drilling and (_AIiA Gas Pad 600) Robson Ranch 607H 1003-0573 03/29/2010 production site. Fence materials located on site, Robson Ranch 608H 1003-0679 07/23/2010 but not vet installed. Robson Ranch 609H 1004-0172 08/06/2010 Robson Ranch 61OH 1003-0213 08/20/2010 Robson Ranch 611H 1005-0238 09/07/2010 Robson Ranch 61'H 1006-0356 09/17/2010 131 ltmc,rc 411 1I WOOS I'Nw (2(gas N~ells drillcd- Gas Part: 7 13iltnuore I'll I I '-l i 3ti5 l> 17/'()I I n() fcncc. Gas Parl: III I>1Itnxorc X11 114-1 1',u1 'uud 1 \\c11 drilled- 11o lencc Gas Park 11 I3iltnuorc (,Ii >-OI' ~1/14'O(h I N~e11 drilled- nee fcncc. Approved Detailed Plan and approved Plat in previous location. Gas Park 13 N/A N/A N/A Proposed relocation approximately 307 feet north of current location via Detailed Plan currently- under reviciv. Tank Battery Facility I:,hs~,n Ranch 7anl: n)Ot-n;Oti O(,'~)light (tip ttu~la currently Batten \%ithin fenced site. Agenda Information Sheet August 2, 2011 Page 3 After receiving information from staff, the applicant and the public, the City Council closed the public hearing and deferred taking action to a date certain of August 2, 2011. The purpose of the continuation was to allow staff to draft conditions of approval for the City Council's review and approval. The conditions covering the scope of the City Council's guidelines are included in the ordinance as Exhibit 22. On August 3, 1999, the City Council approved a Planned Development District (PD) Concept Plan known as Robson Ranch (PD-173). The approved PD contained a total of 2,725 acres and was comprised of six (6) land use categories. Each land use category provided for specific permitted uses; however gas well drilling and production was not included as a permitted use in any of the six (6) land use categories. The following is a list of the six (6) land use categories that are authorized by PD-173: 1. Residential (R); 2. Neighborhood Services (NS); 3. Outdoor Recreation (OR); 4. Community Services (CS); 5. Parking (P); and, 6. Streets and Right-of-Way (R.O.W). On February 15, 2000, via Ordinance 2000-059, the City Council approved a 1,361-acre Detailed Plan for this PD containing 3,393 single-family residential lots; a 3413-acre golf course; 79.1 acres of open space; a 1.1 acre office site; and 63.3 acres to allow for right-of-way alignment. To date, only 1,749 of the 3,393 single-family residential lots allowed by the approved Detailed Plan have been platted. The platted area is shaded and labeled as "existing improvements" on the Detailed Plan map (See Exhibit 12). There are no proposed changes to this platted area. The remaining 1,364 acres of the original 2,725-acre PD were not governed by this Detailed Plan; however, they were still subject to the approved Concept Plan. The purpose of amending this Detailed Plan via the currently proposed Detailed Plan amendment is to change the configuration of portions of the remaining un-platted areas and incorporate it into the subject proposed Detailed Plan. On July 17, 2001, the City Council approved an amendment to the PD Concept Plan via Ordinance 2001-247 to allow gas well drilling and production as a use within PD-173, subject to a Detailed Plan approval. These gas well drilling and production sites were referenced to as Gas Parks and their locations as shown on the on the approved PD Concept Plan Map were considered as being tentative. The exact location of each Gas Park was to be determined through an approved Detailed Plan by the City Council. In addition, each Gas Park was required to contain approximately five (5) acres and be located at least 100 feet from a residential property or 300 feet from a public assembly area, institution, or school. Per a note on the approved PD Concept Plan, "gas wells will be drilled before constriction no closer than 100 feet of residential property and 300 feet of a public assembly area, institution, or school and any other provision of the City of Denton Fire Code". Per Ordinance 2001-247, each Gas Park is to be converted into recreation and open space after gas drilling and production is terminated. Termination, in this Agenda Information Sheet August 2, 2011 Page 4 instance, refers to the stage after gas well(s) have been plugged and abandon in accordance with the applicable City of Denton and Texas Railroad Commission regulations. (See Exhibit 6) On October 7, 2003 via Ordinance 2003-324, the City Council approved a second (2" d) Detailed Plan for PD-173 to allow the development of five (5) Gas Parks at separate locations on a total of 67336 acres within the Robson Ranch PD. The Gas Parks were referenced as Gas Parks 7, 8, 9, 10, and 11. Currently, three (3) of these Gas Parks (7, 10, and 11) have been developed. Since the approval of this Detailed Plan, Gas Park 8 has been renamed Gas Park 13. (See Exhibit 12). At the applicant's request, Gas Park 9 will be officially eliminated if the currently proposed Detailed Plan is adopted; therefore, it is not shown on the subject proposed Detailed Plan. Amending the proposed Detailed Plan will also relocate Gas Park 13 approximately 307 feet north of its previously approved location. According to the applicant, the steep nature of the terrain of the currently approved location of Gas Park 13 makes it impractical to drill gas wells on the site. On November 4, 2008 via Ordinance 2008-285, the City Council approved a third (3rd) Detailed Plan for PD-173 to allow the development of two (2) Gas Parks at separate locations on a total of 10 acres within the PD district. These two (2) Gas Park were referenced as Gas Park A and B, and are located adjacent Michelle Way. (See Exhibit 8). On April 7, 2009 via Ordinance 2009-084, the City Council approved a third (3rd) Concept Plan amendment for PD-173 to relocate a gas storage tank facility from the western property boundary, approximately 500 feet from Florence Road, to the south western property boundary, approximately 500 feet from Crawford Road. On the same date, the City Council also approved a fourth (4th) Detailed Plan via Ordinance 2009-085 to allow the development of three (3) additional separately located Gas Parks. These Gas Parks were referenced as Gas Parks D, E, and F (See Exhibit 10). The approval of this PD Detailed Plan allowed for a total of ten (10) approved separately located Gas Parks. The Detailed Plan also included the storage tank facility that was relocated via Ordinance 2009-084. On April 21, 2009 via Ordinance 2009-103, the City Council approved a fifth (5th) Detailed Plan for PD-173 to allow the development of one (1) additional Gas Park. This Gas Park was referenced as Gas Park G, and is located at the south eastern corner of this subject PD (See Exhibit 11). The approval of the Detailed Plan allowed for a total of eleven (11) approved separately located Gas Parks. The following is a chronology of Concept Plan and Detailed Plan activities associated with PD- 173, as stated above: Application Acreage Approval Date Allowed Uses (See Exhibits) Concept Plan (Ord. 99-265) 2,725 Aug. 3, 1999 Exhibit 4 Detailed Plan for residential and golf course uses (Ord. 2000- 1,361.3 Feb. 15, 2000 Exhibit 5 059) Amended Concept Plan to allow gas well operations and to 2,275 Jul. 17, 2001 Exhibit 6 amend landscaping requirements (Ord. 2001-247) Amended Concept Plan to change location of gas parks and NA Oct. 7, 2003 Exhibit 7 approve a Detailed plan for 5 gas parks (Ord. 2003-324) Agenda Information Sheet August 2, 2011 Page 5 Approved Detailed Plan to allow for the development of two gas 10 Nov. 4, 2008 Exhibit 8 well parks. These two gas wells are located on Michelle Way (Ord. 2008-285) Amended Concept plan to allow for the relocation of a storage 2,725 Apr. 7, 2009 Exhibit 9 tank facility (Ord. 2009-084) Approved a Detailed Plan for three gas parks and a storage 20 Apr. 7, 2009 Exhibit 10 facility (Ord. 2009-085) Approved a Detailed Plan for one gas park (Ord. 2009-103) 5 Apr. 21,2009 Exhibit 11 PUBLIC NOTIFICATION Thirty-nine (39) public notices were sent to residents within two hundred feet (200') of the site via certified mail (Exhibit 20). As of this writing, staff has received no responses from property owners within the 200-foot notification area. In addition to the above certified notices, Staff also sent one hundred and twenty-seven (127) notices via regular mail to property owners beyond the aforementioned 200-foot area, extending notification to an additional three hundred feet (300'). One thousand one hundred and seventy seven (1,077) additional courtesy notices were also sent to all property owners within this PD district. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission June 1, 2011 2. City Council Public Hearing July 19, 2011 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this Detailed Plan, subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless specified herein, and to the extent not shown on the Detailed Plan, the City Codes shall govern [P&Z] 2. The Detailed Plan as submitted and shown in Exhibits 12, 13, 14, 15, 16, 17, and 18 shall guide the development of this PD. [P&Z] 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. [P&Z] 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapter 22, except as noted below: Agenda Information Sheet August 2, 2011 Page 6 No gas well drilling or production area may be located within one hundred feet (100') of any residential property or three hundred feet (300') of any public assembly area for approved Gas Park Detailed Plan sites. [P&Z] The Development Review Committee recommends APPROVAL, subject to the conditions above. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. 1999 Approved Concept Plan (Ord. 99-265) 5. 2000 Approved Detailed Plan (Ord. 2000-059) 6. 2001 Approved Concept Plan (Ord. 2001-247) 7. 2003 Approved Detailed Plan (Ord. 2003-324) 8. 2008 Approved Detailed Plan (Ord. 2008-285) 9. 2009 Approved Concept Plan (Ord. 2009-084) 10. 2009 Approved Detailed Plan (Ord. 2009-085) 11. 2009 Approved Detailed Plan (Ord. 2009-103) 12. Proposed Detailed Plan 13. Proposed Detailed Land Use Plan 14. Proposed Water System Detailed Plan 15. Proposed Sewer System Detailed Plan 16. Proposed Open Space Plan 17. Proposed Screening and Fence Plan 18. Proposed Detailed Plan for Gas Park 13 19. Introductory Letter from Applicant 20. Notification Information Map 21. Planning and Zoning Commission, June 1, 2011 Meeting Minutes 22. Ordinance 23. Letter from Applicant Explaining Gas Well Disclosures Agenda Information Sheet August 2, 2011 Page 7 Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: June 1, 2011 TYPE: Detailed Plan Amendment CC Date: August 2, 2011 PROJECT Z08-0021 Project Number: Z08-0021 Request: Approval of a Detailed Plan for the development of 4,288 residential units, a golf course, a baseball field, and to alter the location of an approved Gas Park to approximately 307 feet north of its current location. Applicant: Robson Communities, LLC Property Owner: Robson Denton Development, LP 9535 E. Riggs Sun Lakes, AZ 85248-7463 Location: The property is located north of Robson Ranch Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC 10-000 1). Size: 1805.78 acres ± Zoning Designation: Planned Development 173 (PD 173) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah DRC Recommendation: The Development Review Committee (DRC) recommends Approval of Z08-0021 subject to conditions. Summary of Analysis: Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. The applicant has submitted a Detailed Plan (See Exhibits 12, 13, 14, 15, 16, 17, and 18) demonstrating how these requirements shall be met. The proposed Detailed Plan shows categories of land uses apportioned to each type of development. The uses comprised of residential, recreation and open space amenities, and a Gas Park. Four thousand two hundred and eighty eight (4,288) residential units are being proposed. These units comprise different lot sizes and housing module types. Four main housing unit module types are proposed. These housing modules are single family preserve with a typical lot size of 14,000 square feet, single family premier with a typical lot size of 8,400 square feet, single family tradition with a typical lot size of 6,000 square feet, and single family duplex with a typical lot size of 4,950 square feet. The housing module types proposed are peculiar to the Robson Ranch PD and not a specific housing type defined in the City's Development Code. Non-residential uses are also being proposed. The non residential uses include a golf course, a baseball field, and one Gas Park. In addition, there are other non-residential areas also to be developed. However, the applicant has stated that he does not have specific Detailed Plans for those areas and prefers to show such areas as "future development". Specific Detailed Plans will be submitted when the applicant is ready to develop those sites. Further, this proposed Detailed Plan shows open space areas and a landscaping plan including a planting schedule and the types of trees to be planted within the development. The landscape plan and planting schedules have been reviewed and approved by the City's Landscape Administrator. Thoroughfares for the development are shown on the Detailed Plan (See Exhibit 12). Typical street sections for roads within the development including sidewalks are included. Four main access points are being proposed for the development. Currently, two of these roads, Ed Robson Boulevard and Michelle Way service the development. These two roads connect to Lively Road, which is located south of the development. The plan also shows two other access roads, Robson Ranch Crossing and the north section of Ed Robson Ranch Road. Currently, these two roads are undeveloped. The locations of water lines, sewer facilities, and retention areas are shown on the Detailed Plan. The Detailed Plan has been reviewed and approved by the Development Review Committee (DRC). Findings of Fact 1. The request is a Detailed Plan to alloly the development of 4,288 residential units, a golf course, and modifv the location of one Gas Park by relocating it approximately 307 feet north from its current position. 2. On August 3, 1999, the City Council approved a Planned Development District (PD 173) Concept Plan by Ordinance number 99-265 on 2, 725 acres. 3. On July 17, 2001, the City Council approved an amendment to the Concept Plan (Ordinance Number 2001-247) to alloly gas hell drilling and production irithin the 2,275 acre Planned Development District. 4. Per Ordinance Number 2001-247, fifteen to twenty (15-20) Gas Parks were approved lvithin the Robson Ranch Planned Development District (PD-173). 5. Per Ordinance Number 2001-247, each location of a Gas Park shall be determined by a Detailed Plan. Each Gas Park shall contain a minimum of eve acres and be located at least 100 feet from a residential property or 300 feet from a public assembly area, institution, or school. 6 On October 7, 2003, the City Council approved a Detailed Plan by Ordinance Number 2003-324 to allow five (5) Gas Parks on 673.36 acres. 7. Oil November 4, 2008, the City Council approved a Detailed Plan by Ordinance Number 2008-285 to allow for the development of t►vo (2) Gas Parks on 10 acres. 8. Oil April 7, 2009, the City Council approved a Detailed Plan by Ordinance Number 2009-103 to allow three (3) Gas Parks and storage tank facility on 20 acres. 9. Oil April 21, 2009, the City Council approved a Detailed Plan by Ordinance Number 2009-103 to allow one (1) Gas Park on 5 acres. 10. The site is within the Neighborhood Centers Future Land U.se District. 11. Per Element 3 of the Denton Plan, "Neighborhood Centers ",future land use areas are to be developed in conventional patterns or may be developed in a pattern of `neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood A neighborhood center might contain a convenience store, small restaurant, personal service shop, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. 12. Per Ordinance Number 99-265 and 2001-247, the proposed uses within PD-173 includes multiple residential, commercial, recreation, institutional, and industrial uses designed to be in harmonv with each other. Per Ordinance Number 2001-247, Gas Parks are a permitted use within PD-173. 13. The subject site is not located within a Historic or Conservation district. 14. The Water Utilities Department has tentatively agreed to release the proposed Detailed Plan, provided that it incorporates a requirement that any plat must demonstrate resolution of all outstanding water and sewer capacity issues for the development. Improvements to the public water and sanitary sewer svstems will be required, at Developer's expense. 15. The subject site has vehicular access to Robson Ranch Road, Florence Road, and Livelv Road Robson Ranch Road is a County Road and is classified as a Secondary Major Arterial. Florence and Livelv Roads are also County Roads and are classified as Residential Avenue Collector per the City of Denton Mobility Plan. 16 According to the City's Geographic Information System, a portion of the property is located within flood zone A. The applicant is not proposing anv Gas Park within the flood zone. 17. The Robson Ranch Planned Development is served by the City of Denton water and sewer svstems. 18. Per the City's Engineering Department, the anticipated water and sewer demand for this development will be assessed during platting of each proposed use. 19. The anticipated transportation demand is approximately 23, 751 vehicle trips per day 20. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station -7, located at 4201 Vintage Parkivav. Planning and Zoning Commission Recommendation The P&Z recommended APPROVAL of this Detailed Plan amendment (4-1) at its meeting on June 1, 2011 subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless specified herein, and to the extent not shown on the Detailed Plan, the City Codes shall govern. [P&Z] 2. The Detailed Plan as submitted and shown in Exhibits 12, 13, 14, 15, 16, 17, and 18 shall guide the development of this PD. [P&Z] 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. [P&Z] 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapter 22, except as noted below: No gas well drilling or production area may be located within one hundred feet (100') of any residential property or three hundred feet (300') of any public assembly area for approved Gas Park Detailed Plan sites. [P&Z] Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z08-0021 with conditions as stated above. GENERAL NOTES XOTE: Approval of this redztest shall not corrstitztte a waiver or variance front arry applicable development redztirement imless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and sztbsedztent mbmissions of irrformation made (hiring the application review process, which are on file with the City of Denton, shall be considered to be bindoig upon the applicant, provided mach comments are not at variance with the Denton Plan, Denton Development Code or other development regzdations in effect at the time of development Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Citv of Denton (ETJ): RD-5/ETJ: AMPC10-0001/NWC07-0002: Single-family units, Vacant property Single-family unit, Vacant property Vacant property West: East: City of North Lake: ANWC10-0001: Single-family units, Vacant property Vacant property South« est: South: Southeast: Citv of North Lake: Citv of North Lake: Citv of Argyle Single-family units, Vacant property Single-family units, Vacant property Single-family units, Vacant property Source: City ofDenton Geographicallgformation Svstem and site visit by City staff Summary of Surrounding Current Land Use Activity: The southern portion of this PD is developed with residential homes, recreational amenities, and six (6) Gas Parks. One thousand three hundred and one (1,301) building permits have been issued for the development. There are also recreational amenities such as golf courses, tennis courts, and a swimming pool constricted on the southern section of this development. The majority of the northern section is undeveloped, except the constriction of three (3) Gas Parks (Gas Park 7, 10, and 11). Most of the surrounding properties to the north are undeveloped. However, there are few single-family homes located to the north, south, and west of the property. Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within the Neighborhood Centers future land use category per the Future Land Use Map of the Denton Plan. Per the Land Use Element of the Denton Plan, Neighborhood Centers should develop in conventional patterns or may be developed in a pattern of `Neighborhood Centers'. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. Staff finds that the Detailed Plan as proposed is consistent with the Denton Plan. The proposed uses of residential, retail, offices, and other recreational amenities conforms to the objective of Comprehensive plan for Neighborhood Centers. B. Land Use Analysis: Per Section 35-136 of the City of Denton Zoning Ordinance, planned development districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community. Staff finds this request consistent with the intent of the Planned Development District. As stated, this PD is comprised of multiple uses such as residential, offices, retail, and amenities. Most of the commercial uses have not been constructed However, according to the applicant, these uses would be developed once there is considerable interest from merchants. C. Current Planned Development District Allocation Land use category Acres f Residential 1926.1 Outdoor Recreation 662 Parking 8.1 Neighborhood Services 37.1 Community Services 14.1 Total 2,725 Nearest Elementary, Middle, and High School This is an adult retirement community. Staff does not anticipate this development to produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #7, 4201 Vintage ± 9.3 miles Parkways This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Robson Ranch is served by the City of Denton water and sewer systems. According to the Water Utilities Department, the estimated water and sewer demand for this development will be assessed during platting of each proposed development. B. Available Capacity: Robson Ranch is currently served by a 20-inch City water main along Robson Ranch Road, and by City's sewer collection and treatment facilities within Robson Ranch. There are existing water and sewer capacity problems associated with the existing development. An assessment of each proposed development shall be evaluated during platting of each development. C. CIP Planned Improvements: The Water Utilities Department has tentatively agreed to release the proposed Detailed Plan, provided that it incorporates a requirement that any plat must demonstrate resolution of all outstanding water and sewer capacity issues for the development. Improvements to the public water and sanitary sewer systems will be required, at Developer's expense. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 2725 f acres Proposed Demand Adequate to Serve (Yes or No) Average Annual 231,751 Yes (upon improvements Daily Trips (AADT) to Liver Road) B. Available Capacity: Robson Ranch Road, Lively Road and Florence Road will have the capacity to accommodate the proposed development upon improvements made to Lively and Florence Roads. C. Roadway Conditions: Robson Ranch Road is an improved 4-lane roadway. Lively Road and Florence Road are classified as unimproved and will be required to be improved when warranted. D. CIP Planned Improvements: The City of Denton has no planned improvement for the transportation facilities serving the subject site. Environmental Conditions: There are Environmentally Sensitive Areas (ESAs) associated with the subject site. Many of these areas are identified as open space (OS) on the proposed Detailed Plan (See Exhibit 4, and 8). Staff recommends that these areas be maintained in its natural state. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: No Comment Park Facilities: The Park Land Dedication and Development Ordinance will continue to be applied to this development. The Park Land Dedication requirement has been met by the Robson Ranch Development as 16 acres of land has been dedicated and set aside for future development in the northwest corner of the residential community. Park Development fee will continue to be paid at time of obtaining a residential building permit. This equals $145.50 per unit per Ordinance 2003-365. Comments from other Departments: N/A Exhibit 1 - Site Location/Aerial Map IlLw Gas Park 7 ord#:2003-324 Gas Park 13 Gas Park 11 Ord#:2003-324 Ord#:2003-324 4" Gas Park E Ord#:2009-085 Gas Park 10 f ord#:2003-324 Gas Park B Gas Park D :2009 -085 Ord#:2008-285 Ord Park A 4 Ord#2009-085 • n, rsr t a*I { ~V f+~ x1V T 1 ~V ~ I. Gas Park F and 4~~4 ~r`I I• ° z Gas Park G Storage Tank ord#:2009-103 4 Ord#:2009-085 11 I Baseball Field t::.. i . , Exhibit 2 - Zoning Map RED-5 m x SEAB©RN W N~ ' a z City of Denton (ETJ) PD-17, MPC PD-173 r ~ti 1s jF F"4LryL~'r~ 1 `'~'31r~`.JIR'ryru1~[ a zz ti~ ~ 11 City of North P M fc Lake i It r ~ ~ ~ ~ - City of North City of North Lake Lake LgendE ~.RaS Robson Ranch ,1 Parcels MPC Zoning ` F ~fFeh ® P° Z08-0021 DENTON ETl Exhibit 3 - Future Land Use Map L•Y R u raLArees - SERB^RN tt C PD- 73 Neighborhood Center PD-173 3~". ~ ufR EHE {~Vr'n ~p4, 4QeX'`~X 7 <O y 1, / G 'RET Yl r i~ l aJio;~y wit LiegtEh w `Lsoki o, x Lake of North aP ~.J ~5y~~ c, p D APP{~ 74 F-' -~I ~ RO050'+I RtiJGH City of North Lake Legend Robson Ranch OSITE Fu,ureLan w Future Landuse ,F St'..~ Nerghbah-l Center DENTON P.... 1s. P-IA- Z08-0021 Exhibit 4 - 1999 (Ord 99-265) Approved Concept Plan LAND USE. CATEG( MES (YILLE(TUR STRE ET LEGEND R - RESIDENTIAL-T11--x.11- 19'61 Ar_ ST.'A' - 14)'R.l1.A.'4 LANF_ DIVTUF]) ♦ti - NER,IIRIIRIIn11D SF It 'K "S 37,9 A,- S1.1R' H.D1 . = 1ANF I NIIIVII)l-fl Ytli III, I D(HIR RI -I'RI A 'I'111N :t+In5 lnxl bG..ll A, . - \T I' IIIY'li 1, ti.' ! 1.-\M1i 1I,IS•Illi fl r - ['a.51MIINIIY SERVICE 141 A, P - PARKING 81 A: STREM R R.().w. 57.h A,. LIVELY ROAD TIYI`AL ACRES - $,72511 A- NS R R R PEDESTRIAN SYSTEM is oIt p R - e- 1141t11'YRY I.INKACf: •I, R R Il tin GK FVIIFI I TRW, OR R FOR tz k „ s OR . R R R R OR R. L R OR G' R Id I{ 4i R ull R OR - 1. C nR [SR.' fi w R I P R R R` R IT ,n OR OR R OR - R R k R R R R R R R R [.1R NS E CRAWFORU R4 h1p H•wur.,uo.x,•,I - E _ NOTES m 1 p~} D ni.~ ql tr pN 0 Mw -I +n .5._ MI le W l~.n I JeiN •IS~m fie ImiEa ,m le I•wn[ n M1r [ffl. rc{+xt a wbmlrt[~L n. ~[~nf Golm. " t n[mn will 1 >.1N ui Ylwl Y[mrvu[vr nm •m..w nn ,a. J p~~JCVeL•pnf {1WNFRS PLANNERS ENGINEERS: (✓I 10h.,- IR t lk-v 6 [{mtcnt, L F [ ARt4 R & RI R[ [,Sti General Development Plan R ,v R"' 4„-74l1 u1[ " 11. i w >>54 ROBSON RANCH X31. ~'HH {8171 City uJ Denton, Teas slit' jz, a p I ~ r { kW; w ; rr "+I r n tt ~ y = r k i t £ s~ a x w,y 1" z, ~ a a`. t ! s t fi ! A~ ' ap h t t~ n"erg Vrg VAR 1 r a % Jay- a OR A Tl~ ,,y,,i '1 3 4 a d t m,'ttwo 900 I'M MY: AWA ` i 'F~.j $S 5 r -i:• `^i 1r u a t ""x ~ ~ ~ ' u ~ - all ,ne c u r r Now 1 ~r~ fJ rk r ? ¢ a 3 it ? a- v 4 =Y' nt; s pia Fe '~i`; 3 x 2. n e4 6 L 3 4°i `i e1ly 4 } 1~{ ?Y .y "`C y l TIPS? 2, °r3'r to.rv PIP. M 1 qq r a r k oxa P mw_ ..was 1? sj t r'> t a~:, 7`` xr- r; a , r at s~'""r 49 ~ c s r 5' r sir -35 t s - R 'N V~ ' rf L 1 '4 r 'i~ .FkG '+2 A + P } .+,3 g _ t 1 3'i.~ sf IN a z t rya r xnqoq GAS 7_` nil, a"~~ x R vs m 9 } } { ~`f,yx. 1 [ry It Kim Now I-', 9,9 fi 41 X, k 1 's USIA NMI,, not .1, A. 0. f r { `t ; # } tK KAY Ad wnw,j VIM$ hit w; T vas k' t ~ 1 t,~'p k.r~,t b k 1084T - R M -own nam } #~Eai t „xa s"as 54 r}r;, # Y's~al«.R z +"x e ` E .'a n, 44,6133 Ww. AI A 1"o, q, M W, W-M-W U_" "I"ON n -Q ENA 00111. F op TO MW amn d^ -"~,p sy ws . th, SITU F e f m2 n P 8 L kw + , F i` 2 v 3a'' ! ,glw. h a~s: + ti: x s` f { k f { ads ,v n# t " - t r ~,x lgt " { r.:- aj A 3 a F;. a y M, .0-1 To AN" M1 May `i § A 4 ¢ y ! A 'a e t _ r f ' a ! k t s x No 04 n w t t js MAP t a q SWY ~NSO itl~Sa can ~ ~ 5 , - st ' t l,' "a MAN K_ k ti{~f 1 f !"A NAM i y2'W v " Qy~ 1 t C b{,,S 4 u$l Y v , ' ✓ $ "rv '4'$ q 'S+'C3u` x'" h Qxf Qz AM r i7x~ VT' lot 0 15a .,4e a' f ' TAT: ipv"~,` x n r zf 3 q ASK i", X ytp ` 1 1 w^ IM, ~Jfwf A.$ t ws~ '`r 4t x n IN AS, '`.ter" h^ ~ r-«P+. J ,FU a sk} r + v. '4; S w -rr Sw_,. t z 2~ r4 to~ h E t p brys~"s a .+w yam; ~5t'"~P r''3; i•i #c,.~"' ' z i X 'r`:' v *fi" ti- + w ~h r ;4. to " "~''s.v t r rr v z s s fi I ~i; i~4wt i~4 X~ pays s a 'e'. 5 ? # s t ' ~1 xk w,rv fit, a k' ii I sh`r x 4 i ?R a k c$ VC, 3~a~, a t€# k a d dn"`` Alto V 0 MAS, 3 4 a' (rf ° ccq.N-'k+ r ?P,r a r', x r b 1"'''"~j T,S ,rrr;r'€ "our, 4 F c# e r y a x n d at r w I, F A kvr-L~ ap.t ~a k`i r C ! 3'k t X._ '=v s i1.~n d $`t k~' : ¢ x wi it t - +'~sa' a AAA .i,( 4 " w1k C .3M1 ? 74L 'LYc'~ uv ~Y 5}, S°" IQ Up Q a v T - lop mo 14, Mov Nh' W' rP }M1' it m ? J{ i 4t' i,ii~v 'a' k d yfl b K> u'rp'~ y ~~o-iT T ce e4flR~7i ~~EiM~e (i' '{i' 41 AMA x~ Amy, 1 row, 8 a * x a A, m v~ # ~`vb., 1 - a UK U .4i M i P,,. ra a.t a el l 1 i,+~ , ry+,, I " 3 j IT, X. eon im"It UM. Xv, 0,5 it 'S { i S 1 1=- Now s C # _t AR, MT j?~ A&M # {g e R , p # Mat al- v W In gms OF v fa A v`''x 3Fr ta} } 2 c, 'f 1' 7.g$ r r c ~ijd#" ill ; V r- k 1 { St P "~y`'G f 8 3 f i_' S j83 ' US, is,s ~3 $ h 4 1 1 F t'w... ' } x , y #y x, r r_ , '1 : d # t ti t s r cn~ nv~E C $ e d u . ~r. .{,p~^ r f ' a M1 as 1 s Lot 0 AZT 04 a~ s a 3 , - f.-, it `F` € } t Ye,zkg{r`j q>4 ' $ " ..O c sy ski aaa W 'k "Oct s a >.a r 1 1 "S L 3„ a t ~r.f x" z n ~ 1 t$ ale €.ss ~~a1. 1s r' x tI } Sa 'xf r` r"' s L~ ; tv4"t ~f i k 3 ~ 14 ' f11 £ ~ jug # F '1 k t #'a l d r in ,7 -z : L Em`sr. v' 5M„ k,,} ~!Ua r „ " d "y I Nifl f a z 3 `I q-" W wooly a~ Ste x a s s 77- , 4 A + ° a 3aa`'_1'4157, r~ i ids 'f- - aMv,. `+x i E 3 t s,m i " r x+ s 4 - j : w y R 7 n J r 1' , :A "P ry r ' a } 1 iAX~ 'c ti "t' y! 'q #x' z ",P'',~'' to h yt« T 'x f{i - 4 'l 1 2 s r ,4~N it t - k,, ' a h" .y ~ 'r f r` ~l Ill w4 i 4 ~ S - - W Y 'C=T s 1'y, §,a"F" Aks? fu`' "s4;'u `k, { i „ IS j`£ r;, f - x b x A y y, ° av c FF s"~>r~` _ u, r" ` § 't a v~ r w p a x RAW t o h ? =a. 1 a a a. > t kq SUM T i s "Ya ~i 3 b 6 8 x x a c ,c i + X $ ra - z F ` t..„ sE £ ,b F 9.; d y dr t ' vie., 1-1111111" 113 " , 4 7a3 ,~3~ fi a7 t _Y _ .wA I, .y 4 ' " j~Ss..-Rrr„~.." fiy n.r,r' 3 ty e s~ uy k r "c c L s 'ffi,..: w. `i l# +~trs, "r 3 "z h " 7 " °,r,'-yc~ , yo t 's4~~`'; cs- s ~'..ro r °y " ' r: mp"j '!Q 11 +r. its wa, `tz x AWTV WT" : 3 o, 't- - ~ - qg~'S",.,,,~,,,,-~~ i,- v' y ~s a ~ "I 1-1.1 ' a @ Y - ~ , ~ " 1211 ~ % , I (q 11 u y~,+ xr{ `5." Ira' ~',"~g`Y Ib ` n _4 4 nY`~,/~jT9 ~p Nl r x.31 'ft '~u Y MN ice. -41 "I ~Iy t 4'" n ar,.' i, r a C T ,",k + s a r 5. T'S„r K ~ sXl st z , Y', 2' -d "Dt' , ~ ✓ k, ',r~ 4,a -t C If, - 11,11, . - o - " -Krulk, r ~ 1+ , 4 ~ t t ' Q u1.1 ' "Ka ~ 3 ~+Y rr 1''ir u~ ¢ NO - €*''t*. r _:.'1n~4 ; S g 11 f F ` c'r y ~r s, & a„ =y' - r 'c A -e. c'+ 1=a , . c y ~ 4t .3' z. t m d" >v zs :"m' `n W 01, d a- _ _e_- ^l ~~[[r:s -s. t $ I4 r~`i ` L 3, irk y'+ !"es ,y , a : ' . ~ # 1i s I'll .4 Y' ;r " `"is a a s's``~&4`k ld ea rr 5„. TS' ,I -11-11 L v r s w.. > k , s r r+ V,cnit+i r '~:,3. r <idx f A`" ,~'.~G m*,, tai + -r- r y , 1 r< i upyom ) t:. *,3 f F'n:~ `z rr,x ~00 a, fs l +\aE .a ; + '.,h '~-.t '~P ` { r. ~ € , ` fit. s r `55 s A 7~ , % 1 c -IT-0001 5;.,FN* 2 Mr F+'~, .-'M, "w9 r- t', t# `Y?-~ a r< v ''r'' T + r ~.m Wr rya .t Yh .a. ` sq - #'r " -4 - 's 5 t ? 40 - ~ x rr sy R x I . r 3 ` { y # y { I z< x I . b ,I 4 g °a t ~'s+~s~ I, :~r " y{.~ , h x` § s '4 aA-~` 4qt / }a• s 11 m ;,"''r0-Y ~`k x '^c # { '"f' ?t0, 1 ^ r ` m. ~'L~,r ~ sr h'~ 3z~ ro-S it rk" fi't` r J ~3r ~i 9s 3 'a~ .s a ' "sk- "`a f r . t 1 I ' 1 s J . I 14 I .t, ' 3i t. 2 f ~ v ,t. r K * a 5"'T - e # isk ' g 4, y \ 2 d M 'led R a ~ ~ 'T 'B`tu «t } d +~r c aster 'c -IA k , 4 W - m~,.~,,~~,~,*,~-~4:.~-",~,~~,~!', , ~_111 1, "I.El"'! , . Q", ~ - - - , ~ 4gf,, 0"- , ~r,~ - k- J, I ,It I } ' ~fp ru ~f~~~~~~-'' k+;,z,s ~z ws y. ! 3 2i.' +`2 k ,s xK J `y , `lid t - ; # + r~ t, lF I f~~ f p jam' W- e5NE 1, 3 1 ! .4 .C 'tu k ' hzta- y-M"° `r ~~'+s.x ri i° -,t'. T t." ' . e`s d Y i 2 JJJ}zxx jr' , { . + f e -~y~. r 1., w-`~, ' } & ' , z z b Ik" ~ 5 A 4 dN J t ti l r ~ x3 4A Y PGA * £ ~ y r t ~r a ri.' .-'-~.a~"-L w 1 s.'u .alraw"°~ ,,.-h.'fd''w. Y Q ,wa` Y » R k4 it T WIT , 100 V- Q WWI: ¢f . i Kfii S t 3 A s 1e 4t• we . - a i ~T...,s«-_. ' _i~ ~.....1 °,...;.:J...-~ I ' r,..t:=1...;..a. TIT x c.am T e A`'uI as :c r -IC fan.>r _ # .E k f +MAY^n!c. 3 a a i 5 I 1. 11 a 54 + t2: D 4 4f r t 4'`gTa as 3 P t} pia .J"y c ; :k r€ r. a ~A v u E € xa 3'K% fit] °'N t s ! ,,k P .p SF., t 3 ! #y •'&.o 'i' 1 ~!X •y4YA f, k. 2 L Y "07_10o a i s { t rh " 5: # $k ":Fr' * S i s +t. i , 1x #r tw# 3 n : #m F fh 4 x.9 A R P a t 8 s 4 E, € p , ' . "'ir' ' aid k l { { a - 4 ; r I# - .4, s , " ` g J ra #r~ t ! S € i 4 x ~fT . a s t 'E i I x" 4rt * V a x k - 1....,,! t ~ 11, I1 a~% f S e C. C B _1 g~ t y s In > "11 it a 1 A t;i 5 ads f E~ # 3 ' ~s:',+ 5 ~t 2 xt4I . E' a a e I ,:Amy w ~ h a ,z t r i` P s~ i s; = 16k. z % ; t T -7 f f 2 Tt~£. V.' a fi Ny~ a x 1 a I r j u Exhibit 6 -2001 (Ord 2001-247) Approved Concept Plan 'y. 7 , a r I.SYBi.Y ROAD r 1 OAS PARK LOCATIONS R NS i R STORAOS TANKS R d ~ R S yt I Mr& 3\V R 1 R 1 a':l ~lk~ 1 r# R R", r R r r yt r~'~ , ~R OR .'rd x s R R R n ,^vPI R r, s R R , OR " Yll l I \QR R R R 3r R 1 ~ R r, a r t if OR i Ilk e R i 'c R O I R R D <fa ti R _ kP R ` A R hwrr ~ ~ . 6 R A a 'R { e..! it J t a .+++ROHSON RANCH^^ROAD ' 1b Or M lmtlmr M ~ryD,PW^a lM. ~nI,YAea ts. Mpw Ae1 AmmYb A,rO N9~'A•91194 !g~►~°d tl4~d 4'nt°~ p°a°b~M BwL UP 0181 PIw TN y~.brIXbtub ~ prpygom tbbN~De+bP~~ 90 WO Blwm tl .70Im1ba yN de~etlean~. ~~7]ppmp~ lpNYdP IX a ~T' Otl M1N ¢W~~noa~ys M R1C M1wN. A W AWtlee IX R10M 016~a1Y Th Ilmmnn Mmukg OI YA yb m 0 sp.m wwd.,aov. A~ ~ IXA pMM Awbh NybiYxir. w t~ Ar Aq p!n nwW4 «Tr op aGw~a rw JUN 2 7 2001 2'D Gas Park Locations RfiVISION-P8D ° J ROBSON RANCH Approved Detail Plan CWRENT IMAM: PUNNED 7i4L IL-Of-4- 1 (kD-?7S' 'r~ -J,11. PAINE J. 11rG[1W! N A-1617 F. 1y• OHV1IH w A-70 r~ac+rlixrr+tw u€~Ee urMr, [ a afl-?va6nas A-9FS :.;E r } y I' 4k' S t I Yl s~ R c7 ~ J { f4 Y a r :.~.L ~ Y, ~+s. ..,t:_e.. ~.L~~ ~ to 7 fpi f:. = is 4 _ ~l rry .e ~f u ~ I .^ee i'^ lye. {V` II MI5 ( I'e ~ t r1 -I -y ru"CNT ,zpNINFe PtFN.NEJ ,ffjJOP4E4i 17} {P) ,7} P'a -~jW'• _ - ti r'+a <:i 1 Y .fl4V' 1'1 kfr Yfaa=++eN[.?.P w ra.i J. 1'At9ti1:, f ,F I o ~ r t f 1r J' L~ i a-• _ .L$.~t°'t.'1;.yy`rTi,,rjsFG{~ wY`"5~~ 1 z ° fi.*• 1 -J Vi,j ' ly_ a. r. a,Zr - `J"^ ruwa+~suu ,e •'wi3G END - r - ;fix :,ar = Y Exhibit C (Detailed Plan Amendment) jai@/~•~~_ ° / \4 r Ole 1000 l2ri c a \ R~' 1 1 ~ f 9y} s- i 1 ° ~f~r~ 1 d9 ~ef; ~ • ~ i H 2 •~1': ~if.a ni • I a i! ° I it ii ! ° Ii ° fl• 1 p gi G3 t t' 1? isy p c,, e y ~b~~ 1 t ! ° ! ° { Idf i : r of .1 ~"r ;H ~!f +i -s k ?r82 ~ r ! • -4 nC' ° r• O ~ 7C x ~ 1 F i I~ . i ~ } ' ► i'? tit tr 1 i H ~.t}~ n eSS~C"~ { i E ~ °i ~ •f I flip i i i ie 1 J~'., 1 r( fi i f i r l }Lr 1 t 3 a b I [ li ;4( a r [ r it E iff }r¢ { f ~rH} °j y a G II ~ ~ ° i; Ilf ~ 1 f. e - it i t 2 , l;~ If if ~ 1 ~•i7~7 7 Exhibit 9 - 2009 (Ord 2009-084) Approved Concept Plan EXHIBIT 1 SFORACR TANK LOCATIONS R R RELOCAT6OSTORACR TANK ® , 1•sq"'+ R ~U ~y ~ 5r ~ rl} r CAS PARK LOCATIONS C-.? •~R;b ` NN rl } rR} AFPROYCO GAS PACK LOCATIONS y 'da R I rsrc,ppv.m Oeun Plmi £m axes Io-miam) ~ ~ r ` Ir , ' k Armlcf[ f . The propose r " L efAfs plm iz b w dm ft mvind revlad lr~=nL=lm orrh muhoa R ' Y ri! ~ „~4 D ~zmge f 'lky dirt. E a r, ~ . P+. I{ • r R - ~ r R ,I ~ Ns `~11 ~~yTR r rr~tr R r• R R•{1 Y, OR Ir I rf~ y„; R r, t rOR r s I R R S'R r 1[ DR R"'d R r R rt ItI R t R S ' .d { OR R E R t• i 1 R ~ R !d Id r R Lo t I, 'R L - t.. R A00-krala kxuLbn R ',^a 11 ' 11 Dire-Grath Slane r R ,ark Fadtily- 4 r / fR! L%^ "INS E adb-tim to be , .1-- Delakd -Robson Ranch Rd. Part The purpose of the Concept Plan Amendment Is to: 1. Show revised location of Storage Facility (as noted on map) 2. Require rvlure gas well parks to LcUbe Storage Fadfdy for permenard Tank Storage. 3. Require that mpies of easements for gas pipe limes be provided to the City of Denton General Notes: 1. Ali other roqulatrons of Ordinance 2001-247 call apply. 2. The storage raci4ity shag no encroach into ESA Stream 9uNer 3, Access to Storage tacitly shall he from Crawford Road. 4. Storage facility shall be srreend horn residential properties. Proposed sonsenhmg shall be show on the DelaMed Plan 5. No structures shall be coastnicted within 80 of any Storage Tank Gas Park and Slniage Facility Locations Robson Ranch De amber 5, 2908 Ga-oc t IN T Revised February 17. 2490 per DRC Comments Exhibit E ~ o IRE 2 all °r8 ~f~esd ~ !i ~ a t vi U all~. I1f 19 f ~1 H m z a i~gg °4 ! a O aqqs DIOILUILULLU&MI Y 4,~ o~ o z C p g••tmt o12z m o a m mZ~ a w -moo I I y 1-4 LL 2 4° Aao n I Is U oy 'a I v>~ H b V Q I 3 00°00 000000 00 b I a Y mm F N D m Z O k8 ~ ~ M m WGW Y ERE 0 Exhibit A o t; op~~ jNI Ii N ~}jel p~~t FOoV O 1 a . Ri ~ o A a op ~z a LL ell D w Q 0 g8'' a eia~att A e Q 0 g ~3z I Ile 1 ° i Exhibit B ~ xs- s-+ Dy sasss ~acTSOOST i y-D ss-.m~ $~'o°~`~s~ o" p p n o y T y m° n' m m_ "3 r m m v a ° FtSi °v m m r o z Zv p n m z m ~xomm vS omo0 .:2i°mm o. sSSm omarl~°v'b'oz Cocrmx"mOy n r s v° zsmv c~ yrb ~m °~Hmco~=oyi°zyami~ ooS9~~' mmz~~°_~zs ~ommwya QycxzOm $~~oz'S ~v °S~ o$OV~'or_mo g'~'3°S Z yd.mi,o ~sz' e~i o~azooo~?^~n'a ,2`imp onm °~o z„~~m~ poH~ .nszv ~z°~ n°z@ $o m s-. pyp°°Sm~ Sri •'oz _~~S° Fozs ~-14g rocpo ao m v m m -1 VrF'3' im°a~"~m °s5`" xmnrr-°my~amsrmma..sz,~ Asy! i~Fs~7iywvoziH cl 1 r rzS~gmocF° ~F ppc r oo~nmzya ~omz(~o(/~mNZr T~mbsoP~ ~~~p° xvm _ H °Za°ZA Zpmm2 y ` D T m Smz=z~~~Tti na%6 0s Dt°n~O °m ti pmr ~T~nCyr° y9y O N Q ~J p m Q m z m a na D_ m H y y ti H T a iA O v y r mr b oSS g ° my - D p m Z z O m O y m Z ,0y = P D T T A° m` D T H O t~ 9 S Z D ti y O T-° r A° N C y Z C y G Z C D O G N s S N Z S° C D m S 0 a N r y I=il O O D y N Hp zm -3 ya s~~w ra-zomzm~zoza B ommc~ ~s s8~'+o rn nm'z r? ° z cb ySyxD ryas°c~'o$°~,m mz mz o z$m oz m zy`zp ov $ ~`6' ° cc mSpam m' 000'5 s ~s -m m'P-m°fmz'cp (Dig (l yo~z ao cy ~c° ms c32 zoa ° ~r~m aims 'Fn <'im44-Oa F ni= D -i O 2 2 T A 3 °m mipiv 8x~ uo ° s~ co m y~i° '~mg~ X30 '.AT zaASzy_ saams° 'n 3 i z x° a rm cH m Amy om ? p5 mo°mA2x D Z m o z a ti~Hm s z~ z c m$ y$ ~c ooii O yS<zma ~iTB~zD3 Z m Z y v m5 y~ z s si aD m ~~m~ -aimi~ ms y prOCOmm~zymo~ M O Z fis r of c ~i •s~,z ~s ma..,z9,°„"o`-'i m y m m mF $y p° z 8a rP? m=T °~mm z v m !31'z m "'^'ria i-p nD r ox mi tai H c D a m - ~ ~ D y A m Z 8 m A h C y C) D c N C H ~ n a < D o z r o ~ D o D 3 -o c m m -o o X 3 3 m m 0 W W (D n d n n D D fn 00000 3 3 3 m H H Z Z o N D K v O Z H N O O Z MT o N p m N A G) z A Z Z O O x AdS 0 H 0 0 O 8 0 0 m v 1 n a 3 r m y'- m ° 4 Z m " m O m > C LANDSCAPE PLAN m e a ' _ ROBSON RANCH pri oo_ ° 8~ s GAS PARK G. lN3WON3VW Ntlld -11VI30 SVX31 HONVU NOSGOH 6 , ryd ,3tia x ,x3o xosxox d,x~} 13mH1xoxio h131 F90~ d ivV1HAb0x lOMi}~ ~~A3Aen5 71B02i 'd r,", dipp''w}+ad «05a0a ~ I~ Tn Y II' _ g ~ *,~11 _ L / fix i~ij M 'VA ~L1~L ~1~y~11~ r \ ~ °d .r t / t F~ ~ • ~ 4~ ~ ry I L z o"I q tl. N °~L`7Y'~1J,r m4l T `YN 9 :.'1 i ~_e . } '~~~1~" ~ 1~ rte- c I ~ -Lr Ili 1 - ]~LLr _ . ? y~ r,Tr ~f + I ~~l $ L A3A805 M,'~ ~ ~ ~ ~ ~L~h-.• h v iroDi - v i~N ~ ~d 11 IlUi °'-7L~T-TT' '~a~i I I ~ I I .s~li..- s A3Aa(IS 3lVnN1113d n Cwl a s~o m r 1 a Ixl uiawas-3 ~o cf9 v l~• ~ 45i - d x.~3ddsv~s3x.v,rws , esscac a _ ~ lai 'F~ ,A3nansaa 'n >aea'e 4x'ney0 ~ ~le 3,00 , ~ ~aJl L I ` ,r3w3s3 o aem3m3 NVId 3 fV, ~ i 7 WOLd NOIidOI1d33X3 55370V 11A7~I3W W07 yra 9M7 HStlM I J., ya' (OV5=) N Jtld Stl'J D latldtl lIoN S1N3W3AOadWNf151X3 686 s tl -IN 86L s b - UAn a3nnt~ L _ } 1= A3nans Nv.,Hr et r _y ON3031 - Irv } . as. viroza~.n. .ewn I'13 rvOW30 INmLna ~.~}I m53H59a • . v. n AIINI 4vu u3opo~3a orv wix. Izurvn) saouTK 1SWn WV 19'0011 IIOZ/LI/9 BMp'S3Sn-ZNVld130 30\NVId llV130\SuDld II01GG\d31SVW 30\uo4u90\SBN.p\:0 NV-ld 3en aN` I SVX31 HONVEI N081308 OOZ6DI8 O8ti) o 8~ZS8 'ZV `S3NVl Nf1S aVOa SOOIa '3 Z296 iN3Wd0T3A30 NOlN30 NOS80a :a3NMO AVON H- NOSHON 3NV, ceN sl 80~ '00Z l-, l-'3~V0S OOZ l 009 0 s z \ Ell FB LL t-f O MOY UtlOiMVtl~ I Z-f Z-6 ~°x M BN 0~ 9N550M1 H- N0590tl 3MV1 FM 3NV1 - ..wE~nx 33Nn EMIL _ SOVON U01031100 31V/11Nd o TTI I- iN"ow°Viie NVId 11V13O WONA NOIld3OX3 3JNtlN i N^ (N) (/%AS) S1Ol X31dna - 33tlf1IX)il0 a g (N) (-l=IS) SIM 3AHN S3Nd Ej~ a~ ® (N) (ddS) SIM 3N3IW3Nd (N) (03S) S1O1 NOII1OVNl su woi, p~-- (SN) (dE)) X6Vd SV9 (N) (dJ) WNVd XNVl / XNVd SVO r NaN~a o" i~ (b) (31VA111d) 30VdS N3dO (N0) (31V AIN.J) 30VdS N3dO '0V 9ZL'Z S31AOV 1V101 'OV 9'LL 'M'O'N'8133N1S (NO) (0118nd) )INVd /1110 'OV V906 lVI1N30IS3N - H (NO) (31V/11Nd-IW3S) 3SNn00 dl0'J '0V Z99 NOI1V9NO3N NOOalnO - NO 'OV V9 ONIAM d (NO) S3IlIlIOVd 'O3N / 3SnOHen10 'OV VLE S301AIJ3S GOOHHO8H013N SN (d) JNIHNVd 'OV V14 S3OI/1N3S1.11NnWW00 - SO S311i0931VO 3Sn QNVI (SN) 8301/1N3S 00OHN08H019N (SO) S301AI13S uINnWWOO - GN3J31 Exhibit 14- Proposed Water System Detailed Plan cm ck aM WATER SYSTEM TEiL ~✓X LEGEND - uuenouse C E~.~ ~i - a«r sE eumxc ~cwnrtxu~ li. IJ I - - -menw e«wrrmure a Rx.c,E - - CuFCPIi^E I~ I ` 1 - I~ 00~i COU(dE - ae I C3 04 Jill a~ ` 4. fr~ c~wFaw a.u - - f - `t y 1 c~~ I I~ I 02. soo .wo~.o ,-6~ aoo - = - ROBSON RANCH DETAIL PLAN WATER SYSTEM Exhibit 15- Proposed Sewer System Detailed Plan LEGEND • - ; ...L_. - _ _ - , r . SEWER SYSTEM FgOFONEn vS ARV6 LwE ' 'j S FRGPOSEO IM BANFARI SEWERL N[ 11 FROFOEEn NA E rtL NE ~ I ~ Y ' Rt0N08EGle SANIIARV NEWER6NE ~I I ~'.i 1 'I 1.4 PROIIY)6E0-EREE L IMINS PROPOSEGITFOHCEIAANS i. . - EYABTNO ~0' FptLE MAINE I ' I1 :7 , E TIN. 11 I-E -11 EXIBTNG 3' SAM FARM SEWER LINE E>f1NT€uG TV A..-NEWER LINE ry i f _ _ _ EkISTNG IY SA--SEAER LINE I !J •I f Ili EMISNN011 SAN€€ARV SEWER LME EXISTING IB SANTA-NEWER LINE ` f FLOW 1O UaT L€n 11-10. _ FU%RE NORTHEAST UFI STAFI[#d I LOW 10 Y119F'09tOS0UTHWE-IFTETATNIN - RO pl I I «LOw TG «ululo- WwTn 11«1 G1.11ON ~ FLOW IE ELRWIE NOTI-EA.11.1-1ITATION I I I I. I I 1111. ~ ~t 7 IIII' I. 'I•fI IIII II... .4- ~•il II~11 i n ITEr+ I~l~ I ~ , I I I II' ( I ~~CI`I Ii' 1+I IJ,{1 ~/,It eR7 Rr"Ir fi.w 1 Y` EXISTING EAST F LIFT STATION 1 ESISP+R 1P Tf . r jr~ 4-! 1 fY` yy YI T41"M WW I 1 LIFT SiATI^N a', , `g, ~ r r. , * sue' ~~"~;y/ ~ f l ' 1- T'' P ~I 1 t'R IL1 ~1 -l 7 _ n ~ . I.r11r Y fil ! f AEI b`~I~ ' R4 I (r -yL' Y' r~}, iT i.u.T. 1 : ~TMl I~I~I71 11 1 II A I^ . i~ + +Y ~ yA I I~ I I I i I ~`4a Y At / 1 V EXISTING TEMPORARY/~vF1l p T LIFT "AR. nI F' 1, fy'7 1.17 It ,c, 71, ~a II S"~':'~°'~ I •I 1~ I~~ i ~ r hi' ~'7~11+17 r~ } ~ 5 U I \PRDPDSED SCUT wFS?' Iur~N €kiz L€FT STeuGN rsl. ROBSON RANCH DETAIL PLAN SEWER SYSTEM Exhibit 16 - Proposed Open Space Plan LEGEND GOLF COURSE CITY PARK OPEN SPACE anar P - f p` ~i~l - w-fi; Ent 0 W~x 4 ;I-~~~... SCE I All TTR t' ILLI ~I~~11~~11 600 1200 eq SCALE: =i°=I2oD' • I~,hi .~,---T~Q ~ - - OWNER: ROBSON DENTON DEVELOPMENT 9532 E. RIGOS ROAD SUN LAKES, AZ. 85248 ROBSON RANCH TEXAS TEL: (480)-895-9200 OPEN SPACE Exhibit 17 - Proposed Screening and Fence Plan 111~Y IIOM -t.- . _.ACCE AW r~E AND U~ I TE PLAN a LEGEND L FEA L L~~ C1 < < jr, I[ ROBSON RANCH DETAIL PLAN SIDEWALK, FENCE AND ACCESS GATE PLAN N ~ ~ oa W Zo ? zx y; O 5z ° u m C) IZ. w, n v) C/]~Q So Ccn apace" $ m o l z z n z r 0.S wN i-~ s wU8 o ow m Qox z i o ~i91-tl - ~N M O O Q Qa ~q G= wo con" v j ~Q~~c Off- t~ Q°cU ~ Z-Q i oa WC7- oao~ p~ 0 2 o oc c wa o Q x,V w P, o ~~W 4 &2,0 a d_a rn P~ rn U = - t cl~ w w = 1~ 2 \ 7<o y1 W TTY O rdnaa 'raa'a' L6f 3 tld '7 NI8tl7 o O w L6f 37tld '7 13N[8tl7 n S31tl1 3 a3QN LStl3 ~ p S31tl1S3 a3Q Od 1Stlyy3 2 m Oi Q O VI 6 O J o ~y ~ a s M ~.1 2 CVO g gG gk gF o^ ga a a'- g^ x g Z e goa o g Ng a- ~i'~ Q~ 0:: ~sT aaaMe j_ CG f p M p Y N Z = as aoNaaoid - m c S w - - - ~ap a v 99LPId w = - J _ (3o Exhibit 19 - Introductory Letter from Applicant Introduction/Acreage 35-176 (1) Robson Ranch has been under development for approximately ten years. Over this time, approximately 1200 homes have been constructed along with a clubhouse area, an 18 hole golf course, supporting subdivision infrastructure, landscaping and various amenities. Further to previous planning documents and subsequent development, this application proposes to detail plan additional acreage within the Development. As illustrated on the enclosed maps and exhibits, the Robson Ranch development is comprised of 2725 acres south of Lively Road, - north of Robson Ranch Road and east of Florence Road. As described on the enclosed legal description, the total area being detail planned with this application' is 1805.78 acres. The area being detail planned with this application „ will be developed using the same standards applied' to the previously developed components of the project. + jq <r, 1 A'~ Exhibit 20 - Notification blformation Map 200 Ft. Notification Boundary ~o ~a o o0 500 Ft. Notification Boundary ~ a w O IL D R @P O p o PFF Legend N Public Notification Date: 4/7/11 psooF,N,naaoaoda200' Legal Notices sent: 39 w E ro Pa,ce= 500' Courtesy Notices sent: 127 DENTON Btreels PD Courtesy sent 1,177 Number of responses to 200' Legal Notice: In Opposition: 0 In Favor: 0 Neutral: 0 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: 1 A. May 4, 2011 2 3 Commissioner Ryan moved approval of the minutes with a second by Bentley. On roll call vote: 4 Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay 5 Thomas "aye", Commissioner John Ryan "aye", and Commissioner Thom Reece "aye". Motion 6 passes (5-0). 7 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: Final Plat of Lotl, Block B of the Ryan Companies Addition. The approximately 36.263 A. acre property is located on the south side of Dakota Lane, approximately 810 feet south of the intersection of Dakota Lane and Airport Road. The property is located within an Industrial Center General (IC-G) zoning district. (FP11-0001, Ryan Companies Addition, Cindy Jackson) 8 B. Final Plat of the Meadows at Hickory Creek Addition, Phase 2. The approximately 9.161 acre property is located at the northeast corner of the intersection of Vintage Boulevard and Mockernut Road. The property is located within a Neighborhood Residential 6 (NR-6) zoning district. (FP10-0024, Meadows at Hickory Creek, Phase 2, Cindy Jackson) 9 C. Final Plat of Lot 1, Block A of the Denton Transit Center Addition. The approximately 2.226 acre site is generally located at the southeast corner of Hickory Street and Railroad Avenue. The property is located within a Downtown Commercial General (DC-G) zoning district. (FP11-0004, Denton Transit Center, Ron Menguita) 10 11 Commissioner Thomas moved approval of the Consent Agenda with a second by Reece. On roll 12 call vote: Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner 13 Jay Thomas "aye", Commissioner John Ryan "aye", and Commissioner Thom Reece "aye". 14 Motion passes (5-0). 15 4. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to the City Council regarding? A. a Detailed Plan amending Ordinances 2000-059 and 2003-324 to allow the development of 4,288 residential units, a golf course, one baseball field, remove a Gas Park and relocate a Gas Park approximately 307 feet north from its current location. The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPCIO-0001). (Z08-0021, Robson Ranch Planned Development Detailed Plan, Nana Appiah) I Appiah presented this item with an aerial map indicating the currently approved and proposed 2 locations of Gas Park 13, a zoning map and land use map. Appiah provided the history of PD 3 173. Appiah continued with the Detailed Plan, Land Use Map, Water and Sewer Detailed Plans, 4 Open Space Detailed Plans, and Screening/Fence/Sidewalk Detailed Plans. The applicant 5 (Robson Denton Development, LP) is requesting approval of an amendment to two previously 6 approved Detailed Plans (Ordinance 2000-059 and Ordinance 2003-324) within the Robson 7 Ranch PD. Ordinance 2000-059 was approved for 3,393 residential units, a golf course, open 8 space areas, an office, and right-of-way alignment on 1,361.3 acres. Of the 3,393 residential 9 units approved by Ordinance 2000-059, only 1,749 have been platted. There are no proposed 10 changes to this platted area. The purpose of amending this Detailed Plan is to change the 11 configuration of portions of the remaining unplatted areas and incorporate it into the subject 12 Detailed Plan. 13 14 Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed 15 Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for 16 each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or 17 proposed off-site improvements, the location and size of all alleys, parking lots and parking 18 spaces, loading areas to be used for vehicular traffic, access and connection to existing or 19 proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the 20 maximum total floor area, the location of water retention areas and major drainage facilities, and 21 the location of all major utilities. 22 23 The applicant has submitted a Detailed Plan demonstrating how these requirements shall be met. 24 The proposed Detailed Plan shows categories of land uses apportioned to each type of 25 development. The uses comprised of residential, recreation and open space amenities, and a Gas 26 Park. Four thousand two hundred and eighty eight (4,288) residential units are being proposed. 27 These units comprise different lot sizes and housing module types. Four main housing unit 28 module types are proposed. These housing modules are single family preserve with a typical lot 29 size of 14,000 square feet, single family premier with a typical lot size of 8,400 square feet, 30 single family tradition with a typical lot size of 6,000 square feet, and single family duplex with 31 a typical lot size of 4,950 square feet. The housing module types proposed are peculiar to the 32 Robson Ranch PD and not a specific housing type defined in the City's Development Code. 33 34 Non-residential uses are also being proposed. The non residential uses include a golf course, a 35 baseball field, and one Gas Park. In addition, there are other non-residential areas also to be 36 developed. However, the applicant has stated that he does not have specific Detailed Plans for 37 those areas and prefers to show such areas as "future development". Specific Detailed Plans will 38 be submitted when the applicant is ready to develop those sites. Further, this proposed Detailed 39 Plan shows open space areas and a landscaping plan including a planting schedule and the types 40 of trees to be planted within the development. The landscape plan and planting schedules have 41 been reviewed and approved by the City's Landscape Administrator. 42 43 Thoroughfares for the development are shown on the Detailed Plan. Typical street sections for 44 roads within the development including sidewalks are included. Four main access points are 45 being proposed for the development. Currently, two of these roads, Ed Robson Boulevard and 46 Michelle Way service the development. These two roads connect to Lively Road, which is I located south of the development. The plan also shows two other access roads, Robson Ranch 2 Crossing and the north section of Ed Robson Ranch Road. Currently, these two roads are 3 undeveloped. The locations of water lines, sewer facilities, and retention areas are shown on the 4 Detailed Plan. The Detailed Plan has been reviewed and approved by the Development Review 5 Committee (DRC). 6 7 The second ordinance amendment (2003-324) pertains to the development of a Gas Park. This 8 ordinance, allowed for the development of five (5) Gas Parks, labeled as Gas Parks 7, 8, 9, 10, 9 and 11. Gas Parks 7, 10, 11, and 13 (Gas Park 8 has been renamed as 13), are shown on the 10 Detailed Plan. The fifth Gas Park (Gas Park 9) has been eliminated and is not shown on the 11 subject Detailed Plan. Currently, three (3) of these Gas Parks (7, 10, and 11) have been 12 developed. Amending the Detailed Plan will shift Gas Park 13 approximately 307 feet north of 13 its approved location and affirm the elimination of Gas Park 9. According to the applicant, the 14 steep nature of the terrain on the current approved location of Gas Park 13 makes it impractical 15 to drill gas wells on the site. 16 17 Certified notices were mailed to property owners within 200 feet of the subject site and and 18 courtesy notices were mailed to property owners within 500 feet of the subject site. No notices 19 were returned in favor, opposition or neutral to this request. 20 21 The Development Review Committee recommends approval of this request with the following 22 conditions: 23 24 1. All original conditions of approval and subsequent modifications associated with PD 173 25 shall remain valid, unless specified herein. [Planning] 26 27 2. The Detailed Plan as submitted and shown in Exhibits 4, 5, 6, 7, 8, 9, and 10 shall guide 28 the development of this PD. [Planning] 29 30 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water 31 and sewer demand for the use. The City's denial or approval shall be contingent upon 32 available capacities to service the project. [Planning and Engineering] 33 34 4. The standards for new gas well drilling and production shall be the same as in DDC 35 Subchapter 22, except as noted below: 36 37 No gas well drilling or production area may be located within one hundred feet 38 (100') of any residential property or three hundred feet (300') of any public 39 assembly area for approved Gas Park Detailed Plan sites. 40 41 The applicant is also requesting a word to be added to the conditions. 42 43 Thomas referred to the original detail plan, Ordinance 2000-059, that was covering 1,361 acres 44 and questioned Appiah if this proposal is to amend that Detail Plan to take in all the rest of the 45 area with the exception of the three small areas. Appiah confirmed this and stated the intent is to 46 take in everything with the exception of the areas in gray. I Bentley stated that the 4,200 residential units are in the northern gray area on the map and this 2 does not include what has already been platted. The information that is not in the backup 3 material is how many have already platted. Appiah stated that 1,749 have already been platted as 4 stated in the report. Bentley continued with calculations saying that this plan is to add 4,288 5 residential units on top of that, so that is 6,037 residential units total, over the entire area, which 6 is less than the 7,200 previously approved. Appiah stated that is correct. 7 8 Bentley also questioned if the conditions of approval were more or less restrictive. Appiah stated 9 that the conditions are less restrictive. When the Planned Development was approved in 1999 it 10 did not include gas parks. The Detail Plan was then amended in 2001 to allow gas well drilling. 11 When that Detail Plan was approved there were specific distance requirements for the gas well 12 parks that were approved. The last condition states that previously approved gas well parks fall 13 under that previously approved condition. New gas well parks or re-locations of gas well parks 14 must meet the new requirements in Subchapter 22. 15 16 Ryan questioned how this language affects Gas Park 13, that was previously Gas Well 8. Appiah 17 stated that Gas Park 13 will have to comply with the current Subchapter 22 regulations. 18 19 The applicant was present to speak. 20 21 Todd Fitzgerald, B&R Engineering 22 23 Fitzgerald stated he was representing the applicant. The only additional comment he would like 24 to add for clarification is on the number one condition of approval he would like to request that 25 the language read "to the extent not shown on previous approvals of detail plans". 26 27 There were cards received in opposition that do not wish to speak: 28 29 Norm Beatty, 9512 Edmondson Drive 30 Donald Spector, 9916 Edmondson Drive 31 Kathy Downer, 10004 Edmondson Drive 32 James M. Downer, 10004 Edmondson Drive 33 Linda Estes, 10001 Edmondson Drive 34 Frank McKinzie, 9604 Edmondson Drive 35 36 The opposition is for Gas Park F, which is not in consideration for this item. 37 38 There were cards received in favor that do not wish to speak: 39 40 Carson Carter, 4824 Island Court 41 Brian Boylan, 6109 Pine Hills Lane 42 Wayne & Shirley Friesner, 12000 Shalimar Drive 43 44 There was one person who spoke in favor of the request: 45 46 Steve Soriano, Robson Ranch 1 2 There were several to speak in opposition of the request: 4 Kathleen Wazny, 9117 Perimeter Street 5 Elma Walker, 9805 Grandview Street 6 Brice Walker, 9805 Grandview Street 7 Brice Fiedler, 10012 Edmondson Drive 8 Jack W. Estes, 10001 Edmondson Drive 9 Margaret Fiedler, 100 12 Edmondson Drive 10 Tom Morris, 10008 Edmondson Drive 11 Dr. Daniel R. Thomas, 9501 Perimeter Street 12 13 14 Bentley stated that Gas Well F is not a part of the discussion of this item. That Gas Park has 15 already been approved. The comments of the cards and those speaking in opposition are all 16 speaking to the opposition of Gas Park F. Eagleton stated that Gas Park F cannot be a part of the 17 Commission discussion because it was not included in consideration for this request. Bentley 18 stated Gas Park F and the monitoring of that site is not in discussion for this evening. When 19 Wazny concluded her speaking time Bentley stated that she was not in opposition to moving Gas 20 Park 13 to the north, the topic of discussion, she was in opposition of Gas Park F. Wazny stated 21 that is true, but the citizens needed a forum and the Planning and Zoning Commission is step one 22 in that process. 23 24 25 Soriano spoke as an applicant representative and stated that listening closely it sounds like the 26 the speakers are not in opposition to the Detail Plan or the moving of the Gas Park 13. What is 27 being brought forth this evening is what is on the map, not Gas Park F. Soriano addressed some 28 concerns for exits and concerns for residents. Soriano stated that the calls for monitoring are 29 valid and worthwhile. Additional discussion commenced on monitoring, health and safety issues 30 of Gas Park F and again addressed that Gas Park F is not up for discussion with this item. 31 32 Thomas motioned approval of this item with the addition of the language for condition number 33 one to read "on any previously approved plan" with a second by Ryan. On roll call vote: 34 Chairman Walter Eagleton "aye", Commissioner Jay Thomas "aye", Commissioner John Ryan 35 "aye", and Commissioner Thom Reece "aye". Commissioner Brian Bentley "nay". Motion 36 passed (4-1). 37 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission 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. 38 39 Chairman Eagleton adjourned the Regular Session at 7:52 p.m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A 1,805.78 ACRE DETAILED PLAN TO AMEND TWO (2) PREVIOUSLY APPROVED DETAIL PLANS. THE SUBJECT DETAIL PLAN WILL ALLOW (1) THE CREATION AND SUBSEQUENT DEVELOPMENT OF 4,288 SINGLE,-FAMILY RESIDENTIAL LOTS; (2) A GOLF COURSE; (3) A BASEBALL FIELD; (4) THE RELOCATION OF A PREVIOUS GAS PARK (GAS PARK 13) APPROXIMATELY 307 FEET NORTH FROM PREVIOUSLY APPROVED LOCATION; AND (5) THE ELIMINATION OF A PREVIOUSLY APPROVED GAS PARK (GAS PARK 9). THE SUBJECT SITE IS LOCATED NORTH OF CRAWFORD ROAD, SOUTH OF H. LIVELY ROAD, EAST OF FLORENCE ROAD, AND WEST OF HUNTER RANCH MASTER PLANNED COMMUNITY (AMPC 10-0001); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0021) WHEREAS, on August 3, 1999, by Ordinance 99-265 the City Council approved a Concept Plan for 2,725 acres of land designated as the Planned Development 173 (PD-173) zoning district, as more particularly described therein; and WHEREAS, February 15, 2000, by Ordinance 2000-059, the City Council approved a Detail Plan for 1,361.3 acres of the Planned Development 173 (PD- 173) zoning district, as more particularly described therein, and WHEREAS, on July 17, 2001, by Ordinance 2001-247, the City Council approved an amendment to the Concept Plan of the Planned Development 173(PD-173) zoning district, as more particularly described therein, and specifically authorizing the creation of up to 15-20 gas well parks as defined and restricted therein; and WHEREAS, on November 4, 2008, by Ordinance 2008-285, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of two gas well parks as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-084, the City Council approved a Concept Plan amendment to allow for the relocation of a storage tank facility as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-085, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of three gas parks and a storage tank facility as defined and restricted therein; and WHEREAS, on April 21, 2009, by Ordinance 2009-103, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorized the development of one gas park as defined and restricted therein; WHEREAS, Robson Denton Development, LP., has applied for a Detailed Plan to amend two (2) previously approved Detailed Plans to allow (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved Gas Park (Gas Park 13) approximately 307 feet north from its previously approved location and (5) the elimination of a previously approved Gas Park (Gas Park 9) on approximately 1,805.78 acres, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property") and as defined by Exhibits "B", "C", "D", "E", "F", "G", and H", attached hereto and incorporated herein by reference; and WHEREAS, on June 1, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested Detailed Plan amendment; and WHEREAS, the Detailed Plan does not address certain previously approved or future gas well parks originally shown on the Concept Plan; and WHEREAS, the City Council finds that the Detailed Plan as amended, is consistent with the Denton Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Concept Plans; 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. A Detailed Plan amendment for the subject property currently zoned as PD 173 is hereby approved, subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless otherwise specified herein, and to the extent not shown in the previous approvals relating to PD 173 or this Detailed Plan, the City of Denton Code of Ordinances, as now written or hereafter amended, shall apply. 2. The Detailed Plan as submitted and shown in Exhibits "B" "C" "D" "E" "F" "G" and H", shall guide the development of the land within the PD subject to such Plan. 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapters 16 and 22, as now written or hereafter amended, except as noted below: (a) Gas wells at Gas Park Number 13 will not be located closer than two hundred-fifty feet (250') from residential property nor closer than three hundred feet (300') from a public assembly area, institution, or school. (b) Gas Park 13 shall be relocated some 307 feet north of its originally approved site, and as set forth in Exhibits "1", "12" and "13". Therefore, no Gas Well Permits will be issued for wells at the previous Gas Park 13 site as depicted in Ordinance 2003-324 and Plat GWP03-0030. (c) Notice of natural gas and mineral exploration and extraction will be provided to original residential property purchasers, in writing, at the time the developer and the purchaser execute a contract of sale. Such notice shall include information that gas wells may be re-fractured or re-worked after the initial drilling. Furthermore, at the time of contracting, each residential property purchaser shall be provided a map of the area where they are purchasing property, showing at least 1,000' surrounding their home site, which map shall depict gas wells, potential gas wells, gas tank storage facilities and major gas related infrastructure. Additionally, a sign denoting the location of Gas Park 13 shall be conspicuously posted on the Gas Park site until the commencement of the drilling of the first well. Such sign will include the Tax ID number of the operator and the project number assigned to the Gas Well Development Plat application, and, if the property has been platted, a copy of the gas well plat. The sign shall be of a size and configuration as required by the City Manager or his designee. Nothing herein shall be deemed to subject this signage, as required by this condition, to Subchapter 15 of Chapter 35 of the City of Denton Code of Ordinances. (d) Gas Well Park G will be fenced within sixty (60) days of approval of this ordinance consistent with the fencing height, materials, and standards of previously approved gas well parks in this development. Gas Well Park Number 13 will be fenced as required in Chapter 35, Subchapter 22 of the City of Denton Code of Ordinances, in a manner which is consistent with the fencing height, materials, and standards of previously approved gas well parks in this development 5. Fire emergency vehicles will be allowed access to the Robson Ranch development off Lively Road. Applicant will provide a key for the Fire Department at the Robson Guard House for the Department's use, where practicable; however, the Department may make forced entry by cutting locks or chains, as necessary, and costs associated with replacement shall be the responsibility of the applicant. SECTION 3. The Detailed Plan amendment attached hereto and incorporated herein by reference as Exhibits "B", "C", "D", "B", "F", "G" and "H", is hereby approved for the property. SECTION 4. Ordinance 2000-059 and 2003-324 are hereby amended by the approval of the Detailed Plan attached hereto as Exhibits "B", "C", "D", "E", "I'", "G" and "H", and incorporated herein by reference. SECTION 5. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinance No. 2000-059 and 2003-324, but all the provisions of Ordinance 2000-059 and 2003-324, insofar as they apply to the regulations of the district not herein amended, shall continue in force and effect, and shall apply to the remainder of that Detailed Plan. SECTION 6. A copy of this ordinance shall be attached to Ordinance 2000-059, and 2003-324, showing the amendments herein approved. SECTION 7. 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 8. 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 9. 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 , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r Ro son 0400NI A I U\ IT! E 5 Steven M. Soriano Executive VA President Direct: (18W05-159 hax: (480) 8950455 E-mail: soriano'rlrobsou.cinn June G, 201 1 Vier e-mcrll Anita Burgess, Is<l. City Attorney City of Denton, Texas 215 Fast McKinney Denton, Texas 76201 Re: Robson Ranch - Gas Well Disclosure Dear Ms. Burgess: I am writing this letter on behalf of Robson Denton Development, LP (`Robson Denton"), the developer of Robson Ranch in Denton, Texas, in response to your May M 201 1 letter to me and three other developers. It appears from your letter that we have an opportunity to better explain to you all Robson Ranch does to assure that potential buyers understand that they are buying in an area active with gas vvcH drilling. I suspect you have not yet seen all of the disclosure materials that buyers receive prior to purchasing homes in Robson Ranch. First of all, the purchase and sale agreement expressly provides that "Buyer understands and agrees that all water, oil, gas and other minerals from the Property, and all rights thereto, are reserved Irom the Property to Seller and its assigns." I would think that most Texas residents would understand the significance of such a reservation. I lowever, if not, then the significance of the reservation is explained in more detail in the recorded Declaration of Covenants, Conditions and ResVictions for Robson Ranch. Section 4.2.9 of the recorded Declaration of Covenants, Conditions and Restrictions gives purchasers clear notice of Ile possibility of gas and mineral exploration under Robson Ranch. A copy of Section 119 is attached to this letter as Exhibit "A" fbr your convenience. In addition, Robson Denton provides each purchaser in 8-page disclosure document entitled "Community Information" prior to exceution of the purchase and We agreement. 'Me Community Information discloses the reservation of mineral rights and the plan for gas exploration within Robson Ranch. A. copy of the relevant portion of the Community Information is attached to this letter as Exhibit Ile purchase and sale agreement signed by each buyer also contains a provision, which is initialed by each of the buyers, stating that Hwy have received, have had an opportunity to read, and understand the Declaration of Covenants, Conditions and Restrictions and the Community Information. Even though the disclosures outlined above go well beyond the legal obligation of Robson Denton to disclose gas and mineral exploration at Robson Ranch, purchasers are required to initial another disclosure at the time they sign their purchase contracts, stating that they '`have received and 9532 East Riggs Road • Sun Lakes, Arizona 55248 • Telephonc: (480) 595-9200 Fax: (480) 49.5-5455 Robson Ranch-Arizona - PebbleCrack -Sun Lakes • SaddleBrooke -'The Mcrve • SaddleBmAe Ranch - Quail Week • Robson Ranch- ews Anita Burgess, (.Sq. Junc 6, 201 1 Paoc reviewed a copy of' the Dobson Ranch Community Information Repoirt, including the portions disclosing the possibility Ups and oil wells within the pi-(ject.- Finally, for each buyer, a map of the area ill which they are purchasing, showing at least 1,000 meet or more. surrounding their home site, is prepared. On this neap, gas wells, potential gas wells, gas tank storage facilities and major gas related infrastructure is shown. Each buyer either signs or initials this map at the time of contract before the deposits are taken. It is important to us that you know we practice full disclosure to our customers. Some have asserted otherwise, but are being untruthful. With 1,300 homes sold, it is inevitable that you will have a percentage that aren't satisfied. This letter and attachments should give the City some comfort that disclosure of the gas wells and their locations is taking place. Sincerely, Stcvc Soriano Attachments Cc: Aaron Leal, Lsq. Pcter M. (erstman, E'Sq. - Exhibit "A" 4.2.9 Natural Gas and Mineral Exploration and Extraction. Declarant is reserving to itself and its designees all of Declarant's right, title and interest in and to all water, oil, gas and minerals from the Community and all rights thereto, including but not limited to the right to extract such materials, and other Owners will not have any right to any portion thereof or interest therein. Without limiting the foregoing, Declarant and its designees shall have the right to drill for natural gas in Robson Ranch Denton Resort Community and to extract natural gas. Other Owners will not bear the cost of such drilling or extraction or have any right to share in the proceeds of the drilling or extraction. Natural gas has been discovered wider land in the vicinity of Robson Ranch Denton Resort Community, and it is believed that natural gas also will be found under the Community. Certain areas within the Community will be designated on the recorded plats or in recorded Tract Declarations for use for natural gas drilling or extraction or for related or similar purposes. No drilling or extraction of natural gas shall take place within any platted subdivisions except in the areas designated for such use or permitted in either the recorded plats or recorded Tract Declarations. From those sites, it will be possible to drill and extract natural gas from beneath the Community without disturbing the surface of the land, other than on those sites. Further, except for Parcels designated for such purposes in recorded plats or recorded "Tract Declarations, no area in Robson Ranch Denton Resort Community shall be used in any manner to drill for or extract any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substances of any kind (other than normal landscaping approved by the Architectural and Landscape Committee), without the prior written consent of Declarant, which consent may be granted or withheld in Declarant's sole discretion. In addition, Declarant reserves the right to grant easements for gas lines, water lines and other utility lines throughout the Common Areas. Each Owner understands that there may be occasions when drilling, extraction or related activities may cause noise or otherwise disturb or inconvenience some Owners. To the fullest extent permitted by applicable law, each person or entity acquiring any interest in or to any Lot or any other portion of the Community automatically is deemed to have waived any and all claims relating to such drilling and extraction and any right to object thereto, and to have consented to such drilling and extraction and to the other provisions of this section. 1~ It RESERVATION OIL MINERAL RIGHTS.' GAS WELLS 5 Reservation: The Developer is reserving to itself and its designees all of the Developer's right, title and interest in and to all water, oil, gas and minerals from the Property and all rights thereto. Home buyers will not acquire any of such mineral rights. This reservation includes the right to drill for natural gas in Robson Ranch Denton Resort Community and to extract natural gas. Extraction of Natural Gas: Natural gas has been discovered under the Robson Ranch Denton Resort Community. The Developer has reserved to itself and its designees the right to drill for natural gas and other minerals in the Community and to extract them from the Community. Homebuyers will not bear the cost of such drilling or extraction or have any right to share in the proceeds of the drilling or extraction. Certain areas within the Community have been and will be designated on the recorded plats or in recorded Tract Declarations for use for drilling or extraction of natural gas and/or other hydrocarbons or for related purposes. No drilling or extraction of natural gas or other hydrocarbons should take place within any platted subdivisions except in the areas designated for such use either in a recorded plat or in a recorded Tract Declaration. From the gas parks, it will be possible to drill and extract natural gas and other hydrocarbons from beneath the Community, including beneath the home sites, without disturbing the surface of the home sites. There may be occasions when drilling, fracturing, extracting, production, reworking, recompleting or related activities may cause noise, vibrations or odors or otherwise may disturb or inconvenience some residents. The drilling of a well typically takes three to four weeks and the fracturing (which is the loudest part of the drilling process typically takes one day). However, the above time periods are only estimates and may vary significantly on a given well for a variety of reasons. In addition, after a well has been operational for a period of time, the gas park may be reworked, recompleted and/or refractured from time to time. During any drilling (including the fracturing or re-fracturing) of any well located within a gas park, there will be increased operations on the gas park, which operations will result in increased traffic to and from and large equipment (including a multiple hundred foot high drilling rig) and personnel working on site at the gas park. During the production phase of a particular well, the visible portion of the equipment is substantially less obtrusive and surrounded by a fence and the area outside such fence (other than the access road) will be landscaped as deemed appropriate by Developer. By purchasing a home within the Community, you automatically are deemed to have acknowledged, agreed and consented to such drilling, fracturing, extracting, production, reworking, recompleting or related activities and to have waived any right to object thereto. The Developer will endeavor to inform each of its prospective home purchasers of the location of any drilling sites located within 500 feet of the lot the purchaser is interested in acquiring. AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Below is the list of outstanding Boards and Commissions nominations and the Council Member responsible for the nomination: Community Development Advisory Committee - Council Member King Health & Building Standards Commission - Mayor Burroughs has nominated Janey Tieken to move from an alternate position to a full position. This leaves a vacancy in the Alternate position. Historic Landmark Commission - Mayor Pro Tem Kamp Library Board - Mayor Pro Tem Kamp Nominations could be made and voted on at this meeting should the Council desire. Approval would be contingent on completion of the confirmation process. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary 07/29/2011 BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Community Development Advisory Cmte. King Health & Building Standards Commission Burroughs ,Janay Tieken Alt. (All) Historic Landmark Commission Kamp Library Board Kamp R - Reappointment N - New Nomination AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2011 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT - DCA11-0002 Studio/Efficiency Parking Amendment Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 14 and 23 of the Denton Development Code (DDC) regarding parking requirements for studio/efficiency and one-bedroom multifamily dwelling units and to provide a definition for Dwelling Units, Efficiency and Studio Apartment; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA11-0002) The Planning and Zoning Commission recommends approval of this request (6- 0). ISSUE Per Section 35.14.4.A.2.a of the DDC, studio apartments and one-bedroom multi-family dwellings that are less than 500 sq. ft. are required to provide one (1) off-street parking space per unit. However, Section 35.12.5 of the DDC establishes aMinimum Floor Area Requirements for these uses (and accessory dwellings) at 500 sq. ft.; as such, it is not permissible to build these units with less than 500 sq. ft. Section 35.14.4.A.2.b of the DDC requires one-bedroom dwellings that are 500 sq. feet or larger to provide one and a half (1.5) off-street spaces per unit. As such, all one-bedrooms units (including studios apartments) must be a minimum size of 500 sq. ft. and must provide one and a half (1.5) parking spaces per unit. To eliminate the above stated conflict, Staff is proposing that all studio/efficiency and one- bedroom multi-family units (regardless of square footage) provide one and a half (1.5) parking spaces per unit. Rewording of this section of the DDC is also needed for ease of use (see wording below). Two (2) definitions are also proposed to be added to Subchapter 23 of the DDC for Efficiency Dwelling Unit and ,Studio Apartment. Neither of the definitions currently exist, and it is Staff's determination that they are needed to provide clarity and consistency of application. On June 1, 2011, staff presented the recommendation to the Planning and Zoning Commission (P&Z) during a work session. During the work session discussions, the P&Z had several questions and asked that the item come back on a later agenda date (See Exhibit 1). Staff brought the item back to the P&Z at their meeting on July 6, 2011, with several clarifications. Agenda Information Sheet August 2, 2011 Page 2 RECOMMENDATION Staff recommends that Section 35.14.4.A. of the DDC be amended to read as follows: A. Residential Uses 2. Mixed density dwellings or manufactured housing. b. 1-bedroom units (iachudia, stulios and efficiencies) L5 spaces unit. C. 2-bedroom units 1.7i spaces unit. d. 3-bedroom 2 spaces unit. e. 4 bedrooms aim or more I space bedroom. f. Retirement e_=__rle~~ ~ )r or senior hVing facilities 1 space unit. Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions: Dwelling Unit, Efficiency: A &,velluig unit that has only- one (1) combined hVing ;unl sleep* ig room, but mav Also tare sepsustte kitchen sued .-,;u liar- facilities ~,N-Itlnn the sane unit. Also knwvii >ts st studio apartment. Studio Apartment: See D~vellui, unit, Efficiency PRIOR ACTION/REVIEW July 6, 2011 Planning and Zoning Commission Work Session and Public Hearing June 1, 2011 Planning and Zoning Commission Work Session OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval of the proposal (6-0). Staff recommends approval of the proposal. EXHIBITS 1. June 1, 2011 Planning and Zoning Commission Work Session Minutes 2. July 6, 2011 Planning and Zoning Commission Work Session and Public Hearing Minutes 3. Draft Ordinance Agenda Information Sheet August 2, 2011 Page 3 Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director, Planning and Development Department EXHIBIT 1 PLANNING AND ZONING COMMISSION MINUTES June 1, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, June 1, 2011 at 6:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Chairman Walter Eagleton: Commissioners: Jay Thomas, Thom Reece, Brian Bentley and John Ryan. ABSENT: Jean Schaake and Patrice Lyke STAFF: Mark Cunningham, Jerry Drake, Aaron Leal, Chuck Russell, Jennifer Coles, PS Arora, Ron Menguita, Fred Greene, Darren Groth and Johnna Matthews WORK SESSION Chairman Walter Eagleton opened the work session at 6:04 p.m. 2. Receive a report, hold a discussion and give staff direction regarding modifications to Subchapter 35.14.4.A.2 and 35.23 of the Denton Development Code (DDC) regulating the parking requirements for studio/efficiency dwelling units. (DCA11-0002, Erica Marohnic) Marohnic provided the proposed language modifications to the DDC to clarify studio and efficiency apartments and parking standards. The language would now indicate that studio and efficiency apartments would have to meet the same parking regulations has one bedroom apartments. The minimum square footage defining a studio or efficiency apartment will be removed. In addition, dwellings with more than 4 bedrooms would be required to add an additional parking space per bedroom. Language for Retirement or Senior Living Facilities would remove the age minimum of 55 and older. A definition of an efficiency unit would also be added and a reference from a Studio Apartment definition would refer to the same definition as efficiency. These proposed language changes will be presented back to this Commission at a public hearing. Bentley questioned why the age restriction was removed from Senior Living Facilities. Marohnic stated it was to be consistent within the Code. Cunningham clarified that the age was struck because it will defer to State law and remove potential conflicts with State and Local Codes. Eagleton questioned if there should be a reference on this point that states, "Senior Living Facilities as defined by the State". The Commission discussed duplex parking requirements. Ryan stated he would like to see what other cities are doing with duplex parking, specifically where there are 4 bedrooms or more per unit. Thomas stated that other cities generally do not have the same challenges that Denton does with rental properties since Denton has two universities. Thomas stated that a clarification for unit is also needed. There has been some confusion whether a unit is each side or the duplex as a whole. Ryan questioned if language could be revised to state that more than 3 bedrooms on a duplex would require that parking spaces would be required by the number of bedrooms. EXHIBIT 2 PLANNING AND ZONING COMMISSION MINUTES July 6, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, July 6, 2011 at 5:35 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Chairman Walter Eagleton: Commissioners: Jay Thomas, Brian Bentley, Jean Schaake, Thom Reece and John Ryan. ABSENT: Patrice Lyke STAFF: Mark Cunningham, Aaron Leal, Chuck Russell, Jennifer Coles, Katia Boykin, PS Arora, Erica Marohnic, Cindy Jackson, Johnna Matthews, Fred Greene, and Johnna Matthews WORK SESSION Chairman Eagleton opened the work session at 5:35 p.m. 2. Receive a report, hold a discussion and give staff direction regarding modifications to Subchapter 35.14.4.A.2 and 35.23 of the Denton Development Code (DDC) regulating the parking requirements for studio/efficiency and one-bedroom multifamily dwelling units. (DCA11-0002, Studio/Efficiency Parking Amendment, Erica Marohnic) Marohnic stated that this item will be presented as a Public Hearing item in the Regular Session. At the June 1, 2011 meeting of this Commission staff discussed the need for a parking requirement quick fix for one bedroom and efficiency units. There were two major concerns noted by the Commission at that time: clarification for the language of a duplex and to see what other cities were doing. Marohnic presented a table of surrounding cities in the metroplex with their parking requirements. Denton is very specific on the required number of parking spaces and provides a maximum number of spaces that maybe provided. The language will stand as proposed at the July 1, 2011 meeting. The changes are highlighted as follows: Section 35.14.4.A.2.a will be removed, Section 35.14.4.A.2.b will read as follows: 1-bedroom units (including studios and efficiencies), Section 35.14.4.A.2.e will read as follows: 4 bedrooms or more, and Section 35.14.4.A.2.f will read as follows: Retirement or senior living facilities. Cunningham clarified that even though staff is recommending 1.5 parking spaces per one bedroom unit or efficiency the Commission can make a higher recommendation. At this time staff does not have enough data to justify an increase higher than 1.5 parking spaces. Reece referred to the chart Marohnic provided comparing Denton to surrounding cities questioning why Denton has much more detail than other cities and if the language is making it harder than it needs to be. Cunningham stated there is not a uniform way to determine the requirements. The City of Denton has a unique demographic to the surrounding cities with two 4-year universities. Marohnic stated that the City of Denton also has a minimum and maximum for parking while other cities tend to only have a minimum requirement. In the City of Denton any overflow parking must be on an impervious surface unless the applicant goes through the Alternative Development Plan process. Eagleton questioned how realistic a half of a parking space would be. Marohnic stated that if a parking calculation ended with .5 then the required number of spaces would be rounded up to the nearest whole number. 4. PUBLIC HEARINGS: A. Hold a public hearing and consider making a recommendation to City Council regarding proposed amendments to Subchapter 35.14.4.A.2 and 35.23 of the Denton Development Code regulating the parking requirements for studio/efficiency and one-bedroom multifamily dwelling units. (DCA11-0002, Studio/Efficiency Parking Amendment, Erica Marohnic Marohnic presenting item as in Work Session. Schaake questioned how the 1.5 parking space would work out and it appears there is a hindrance for sufficient parking. Marohnic stated that from her experience with projects in the City the applicants are always seeking additional parking. Cunningham stated that the Code is currently being revisited by staff to address issues with parking, but that project is larger than this language which is meant to provide a "quick fix" for parking issues. Cunningham continued that for the long term issues such as storm water quality and aesthetics. In response to questions how long this revised language could take as a whole Cunningham responded that it is a delicate balance and will take some time, in the mean time this is just one of the few items that can be corrected with minor language changes. Thomas motioned approval of this item with a second by Bentley. On roll call vote: Chairman Walter Eagleton "aye", Commissioner Jean Schaake "aye", Commissioner Brian Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion approved (6-0). salcpAour documentslordinancesll lldcal 1-0002 ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 14 AND 23 OF THE DENTON DEVELOPMENT CODE REGARDING PARKING REQUIREMENTS FOR STUDIO/EFFICIENCY AND ONE-BEDROOM MULTIFAMILY UNITS AND TO PROVIDE A DEFINITION FOR DWELLING UNITS, EFFICIENCY AND STUDIO APARTMENT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA11-0002) 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 Subchapters 14 and 23 of the Denton Development Code. WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code arc 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. Subchapters 14 and 23 are amended to reflect the changes outlined in Exhibit "A", attached and incorporated fully herein by reference; all 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. s:llegallour documentslordinancesll ildcal1-0002 ordinance.doc PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Lit~M Page - 2 s:1legaRour documentslordinancesll lldcal 1-0002 ordinance.doc EXHIBIT A Staff recommends that Section 35.14.4.A. of the DDC be amended to read as follows: A. Residential Uses 2. Mixed density dwellings or manufactured housing. a. 1-bedroom units (including studios and efficiencies) 1.5 spaces/unit. b. 2-bedroom units 1.75 spaces/unit. c. 3-bedroom 2 spaces/unit. d. 4 bedrooms or more I space/bedroom. e. Retirement or senior living facilities 1 space/unit. Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions: Dwelling Unit, Efficiency: A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Also known as a studio apartment. Studio Apartment: See Dwelling Unit, Efficiency Page - 3