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May 16, 2000 Agenda
i AGENDA Agenda No CITY OF DENTON CITY COUNCIL Agenda Item., --- I May 16, 2000 Oate~~d~ After dete ~]mng that a quorum as present and convening in an Open Meet]ng, the City Council of the C]tt of Denton, Texas will convene m a Closed Meet]ng on Tuesday, May 16, 2000 at 5 15 pm m the City of Denton Council Work Sessaon Room, Denton Caty Hall, at 215 East MeKlnne~., Denton, Texas to eons]der spec]ftc atems when these atems are lasted below under the Closed M ~et]ng sect]on of thas agenda When atems for consideration are not hsted under the Closed M ~et]ng sect]on of the agenda, the City Council wall not conduct a Closed Meeting at 5 15 p m and will convene at the t]me lasted below for ats regular or special called meeung The City Cott acfl reserves the right to adjourn into a Closed Meeting on any item on ats Open Meet]ng ~ genda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth belo ~ 1 ClOsed Meeting [**Before the Denton Caty Council may dehberate, vote, or take final action on each of the agenda ~tems posted as a eompetmve matter ~n a Closed Meeting under the provmons of TEX GOV'T CODE Seetmn 551 086(c), the C~ty Council must first make a good froth determmatmn, by majority vote of ~ts members, that the parhcular agenda ~tem ~s a competmve matter that satisfies the reqmrements of Section 551 086(b)(3) The vote shall be taken dunng the Closed Meetang and shall be included in the cemfied agenda of the Closed Meeting If the C~ty Couned fails to determine by a maJority vote that the particular agenda ztem satmfies the reqmrements of Section 551 086(b)(3), the C~ty Council may not dehberate or take any further action on that agenda ~tem ~n the Closed Meetmg ] Dehberat]ons Regar&ng Certmn Pubhc Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Dehberatlons Concermng Real Property --- Under TEX GOV'T CODE Section 551 072 1 Receive ~nformat]on from Staff, &scuss, dehberate, consider, and provade Staff w~th dareet]on respecting the valuation of, and the possible sale, transfer, assignment, or other &vesuture of real property penmmng to the C~ty of Denton's electric utility system, ancludlng, wathout llmatat]on the G~bbons Creek generation facflaty located in Grimes County, Texas, the Spencer generation facility located on Spencer Road m Denton County, Texas, the two hydroeleemc faclht]es located in Denton County, Texas, and other components of the C~ty's electric generation assets Consultation w~th Attomey- Under TEX GOV'T CODE Sect]on 551 071 1 Receive briefing from attorneys regar&ng status of ht]gat~on styled ~ Muntctpal Admtnastrattve Servtces, lnc v CtO~ of Denton, Cause No 99- 50263-367 eurrantly pandmg m the 367th D~smet Court of Denton County, I Texas ANY FIliAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETIN .3 WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH T ~XAS GOVERNMENT CODE, CHAPTER $51, EXCEPT TO THE EXTENT SUCH FINAL ACTION DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PR~ )VISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC City of Demon City Council Agenda May 16, 2000 Page 2 POWER I~XCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (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 SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, May 16, 2000 at 6 00 p m in the Council Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at whxch the following ~tems will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and lndlws~ble" 2 Consider approval of the minutes of April 18, and April 25, 2000 PROCLAMATIONS/PRESENTATIONS 3 Resolutmn of Apprecmt~on A Consader approval of a resolution of appreciation for Rick Svehla CITIZEN REPORTS 4 Receive a report from Gene Price regarding request for speed humps on Stuart near Clusolm and Driftwood 5 Receive a report from Willie Hudspeth regarding tree removal from his property 6 Receive a report from Brian Tucker regarding ~nstallatmn of a s~dewalk on his property NOISE EXCEPTIONS 7 Conmder adoption of an ordinance of the C~ty of Denton, Texas, granting, pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an exception to the hmltat~ons ~mposed by that section w~th respect to hours of operation of an amphfied loudspeaker system, and providing an effective date (Juneteenth Celebration ActlWtleS) CONSENT AGENDA Each of these ~tems is recommended by the Shaff and approval thereof will be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty manager or his designee to ~mplement each item in accordance with the Staff recommendatmons City of D~nton City Councal Agenda May 16, 2000 Page 3 The C~ty Council has received background lnformataon and has had an opportunity to rinse questions regardang these items prior to consideration Lasted below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 8-16) This lasting is provided on the Consent Agenda to allow Councal Members to dascuss or w~thdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 8-16 below wall be approved w~th one motion If ~tems are pulled for separate discussion, they will be considered as the first items under "Items for Indivadual Consaderataon" 8 Consader adoption of an ordinance providing for the expenditure of funds for emergency purchase of repairs required due to fire damage to the Spencer Station//3 Cooling Tower in accordance with provision of State Law exempting such purchases from requirements of eompetmve b~ddang, and providing an effective date (PO 05460 to M~dwest Towers, Inc in the amount of $316,538) 9 Consider adoption of an ordanance providing for the expenditure of funds for emergency purchase of 750 MCM copper URD conductor an accordance with provision of State Law exempting such purchases from reqmrements of competitive bidding, and provxd~ng an effective date (PO 05490 to Temple, Inc in the amount of $140,946) 10 Consider adoption of an ordinance acceptang competitive bids and awarding an annual contract for the purchase of Informix Software Maintenance Coverage, prowdlng for the expenditure of funds therefore, and prowdlng an effective date (Bid 2490A - Informix Maintenance Coverage awarded to the sole respondent, Harris Computer Systems ~n the amount of $35,185) 11 Consider adoption of an ordinance accepting competitive bids and awarding a pubhc works contract for the constructaon of Indian Ridge Channel Improvements, providing for the expenditure of funds therefore, and providing an effective date (Bid 2488 - Indian Ridge Channel Improvements awarded to Seneca Contracting Corporation m the amount of $177,570) 12 Consider adoptaon of an ordinance acceptang competitive bids and awarchng a contract for the prantlng of the 1999-2020 Denton Plan, providing for the expenditure of funds therefore, and prowding an effective date (B~d 2508 - Printing of Denton Plan awarded to McCord Pnntmg an the amount of $22,135) 13 Consader approval of a resolution adopting the 2000 North Lakes Park Master Plan update of the City of Denton, and providing an effective date 14 Consider adoption of an ordinance authorazlng the Clty Manager to execute a Sewer Mare Cost Participation Agreement between the Cay of Denton and Bel-Air Development Ltd for the City's pamc~patlon in the oversazlng of the sewer mains and an accordance vath the terms and conditions of this ordinance, authorizing the expenditure of funds therefore, and providing an effecuve date 15 Consider adoptaon of an ordinance authorizing the City Manager to execute a Water Mmn Cost Partm~pat~on Agreement between the City of Denton and Bel-Air Development City of D~nton City Council Agenda May 16, 2000 Page 4 Limited for the C~ty's participation in the overs~zmg of water mains in accordance with the terms and conditions, authorizing the expenditure of funds therefore, and providing an effective date 16 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Professional Services Agreement with Freese and Nichols, Inc for engineering services pertmmng to the final design of, the preparation of construction plans and spemficatlons for, and the performance of related construction phase services for the City of Denton Lake Ray Roberts Water Treatment Plant, authorizing the expenditure of funds therefore, and providing an effective date PUBLIC HEARINGS 17 Hold a public heanng and consider adoption of an ordmance granting approval of a sub- surface use of a portion of the Bent Creek Park on Ft Worth Dr (U S 377) south of the Kansas City Southern Rmlroad The mstallanon of a Public Utthty Easement ~n accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and providing an effective date 18 Hold a pubhc hearing and consider adoption of an ordinance granting approval of a sub- surface use of the Denton Branch Rad/Tmll at Shady Oaks Drive for the installation of a Drainage Easement in accordance with Chapter 26 of the Texas Parks and Wddhfe Code, providing for the issuance of an easement and prowd~ng an effective date 19 Hold the first of two pubhc hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 xn the extraterntonal jurlsdmtlon of the City of Denton, Texas The zoning at the time of the annexation vall be Agricultural (A) (A-99, Sherman Road Arena Site) 20 Hold a pubhc hearing and consider amending Chapter 34 "Subdivision and Land Development Regulations", Appendix A-1 "Street Design Specifications" of the Code of Ordmance of the City of Denton, Texas to change the required street right-of-way w~dths for primary and secondary arterials The Planning and Zoning Commission recommends approval (7-0) 21 Hold a public hearing and consider an ordinance adopting amendments to the ~ntenm Residential Regulations, Ordinance No 2000-046 to modify exemptions of certmn types of apphcat~ons 22 Hold a pubhc hearing and consider an ordinance adopting amendments to the ~ntenm Non-Residential Regulations, Ordinance No 2000-069 to change a definition and add an exemption for certain types of apphcatmns 23 Hold a pubhc heanng and consider approval of a Detmled Plan to change 0 519 acres from SF-7 zomng district to a Planned Development (PD) zoning district The property ~s located 95 feet east of the ~ntersectlon of Ruddell Street and May Street A 3-lot C~ty of Denton C~ty Council Agenda May 16, 2000 Page 5 s~ngle-fam~ly subdivision ~s proposed The Planmng and Zomng Connmss~on recommended approval (6-1) w~th conditions (Z-00-004) ITEMS FOR INDIVIDUAL CONSIDERATION 24 Consider adoption of an ordinance rezonlng approximately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zomng d~stnct to Conditioned Neighborhood Service (NS) zomng dlstr~ct The property ~s located at the southwest comer of Teasley Lane and Teasley Lane The Planmng and Zoning Comm~ssmn's motion to recommend approval failed (2-5) (Z-00-03, RNW Addmon) 25 Consider approval of a resolution nominating members to the Appraisal Rewew Board of the Denton Central Apprmsal District, and declanng an effective date 26 Consider approval of exaction variances from Section 34-114(5), existing perimeter streets, and Section 34-114(17), sidewalks, of the Subdivision and Land Development Regulations for a 5 014 acre property located north of Windsor, along the east s~de of Rlney Road A single family residence is proposed (The Planning and Zomng Commission recommends demal [4-3] on right-of-way variance and recommends denial [5-2] on perimeter street variance ) (V-00-005, T & T Nelson Addition) 27 Consider approwng an alternative landscape plan for a 0 61-acre gas station/convenience store s~te at the southeast comer of Teasley and 1-35E The Planning and Zomng Commission recommends approval (6-0) with condlttons (ALP-00-001, Southndge Exxon ALP) 28 Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2000-2005 Consolidated Plan for Housing and Community Development ~ncludmg a 2000 Action Plan with approprmte certfficatlons, as authorized and required by the Housing and Commtmlty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended, and providing for an effective date 29 Consider adoption of an ordinance authorizing the City Manager or h~s designee to execute an amendment to golf range lease contract for North Lakes Park in the City of Denton, and prowd~ng an effective date 30 Consider adoption of an ordinance of the City of Denton authorizing the C~ty Manager to execute on behalf of the City of Denton an Airport ProJect Partm~pat~on Agreement w~th the Texas Department of Transportation relating to the design and construction of ~mprovements at the Denton Municipal Airport, and declaring an effective date 31 Consider approval of a resolution establishing maximum penmtted rates that Charter Commumcatlons may charge its Denton cable television subscribers for bastc cable service, associated eqmpment, changing t~ers, and the hourly service charge, prowdlng a severabthty clause, and providing an effective date City of Demon City Council Agenda May 16, 2000 Page 6 32 New Business This ~tem provides a section for Council Members to suggest items for future agendas 33 Items from the City Manager A Not~ficatlon of upcoming meetings and/or conferences B Clarification of items on the agenda 34 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 35 Official Action on Closed Meeting 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 ,2000 o'clock (am ) (pm) 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 34%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 Ag,.daNo CITY OF DENTON CITY COUNCIL MINUTES April 18, 2000 0ate A~er dete~mlng that a quo~ was present ~d conwmng m ~ ~ Meeting, the C~ty Council convened in a Closed Meeting on Tuesday, April 18, 2000 a 5 15 p m m ~e C~ty of Denton Co~efi Work Sesmon Room P~SENT Mayor Miller, Mayor Pro Tern Beasley, Co~cfl M~mbers B~oughs, Coc~an, D~ee, ~mtoferson ~d Young ~SENT Non~ 1 Closed Meeting A Dehbera~ons Reg~dmg Ce~an Publm Power Utilities Compet~t~w Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 The Co~cfl receaved ~nfoma~on from Staff penmmng to ~ssues relaed to the Spencer Gen~at~on Pl~t, ~d discussed, dehberated, considered, ~d prowded Staff Wl~ d~rect~on respecting such ~ssues Considered approval of ~ ordm~ce prowdmg for, authonz~ng, ~d approwng ~ A~eement by ~d be~een the C~ty of Denton ~d Apphed Utility Systems, Inc pe~mnmg to the p~chase of combustion tec~olo~ eqmpment ~d related specmllzed professional englneenng se~mes respecting Denton Mummp~ Elecmc, whmh eqmpment ~s avmlable ~om only one source m accord~ce w]~ ~e prows]ohs of state law exempting such pumhase from · e reqmmments of compet~twe bids, ~d whmh professional se~mes are exempt from ~e competitive b~dd~ng prows~ons of state law, authorizing · e expenditure of ~ds ~erefor, ~d prowd~ng ~ effective date The Co.eft convened into a regul~ meeting on Tuesday, April 18, 2000 at 6 00 p m in the Co~cll Chmbers P~SENT Mayor Miller, Mayor Pro Tem Beasley, Co.cfi Members B~ou~s, Coc~, Du~ce, ~d Yo~g ~SENT Co~efi Member ~smferson 1 Pledge of Alleg~ce The Co~efl ~d members of~e au~ence recited the Pledge of Alleg~ce to the U S ~d Texas flags 2 The Co~cfl considered approval of ~e m~nutes of M~ch 2, M~ch 7, M~ch 21, ~d M~ch 28, 2000 Be~ley motioned, D~ce seconded to approve the m~nutes as presented On roll vote, Beasley "aye", B~ou~s "aye", Coc~ "aye", D~ce "aye", Yo~g "aye", ~d Mayor Miller "aye" Motzon c~ed m~mously City of Denton City Council Minutes April 18, 2000 Page 2 PROCLAMATIONS/PRESENTATIONS 3 Mayor Mdler presented a proclamation for National Community Development Week CITIZEN, REPORTS 4 The Council received a report from Ed Soph regarding MTBE in Lake Lewlswlle Mr Soph presented the Council w~th various facts regarding MTBE's and the amounts that should be allowed ~n the C~ty's water system Council Member Knstoferson joined the meeting NOISE EXCEPTIONS 5 The Council considered a request for an exception to the noise ordinance for Denton Cmco de Mayo at the North Texas Fmrgrounds on Sunday, May 7, 2000 from noon to 9 30 p m Young motioned, Burroughs seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" MoUon earned unammously 6 The Council considered a request for an exception to the nome ordinance for the Denton Umt of the American Cancer Somety for the amaual Relay for L~fe to be held Saturday, May 20, 2000, at Fouts Field from 12 00 noon to 1 00 a m Knstoferson motioned, Young seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion carried unammously CONSENT AGENDA Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances and resolutions On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion camed unammously 7 Approved a tax refund to Transamerica Tax Service for TMI, Inc The 1999 tax was prod twine, resulting in an overpayment 8 Approved a tax refund to Karl A Sweetman The 1999 tax was paid twice, resultmg in an overpayment 9 Approved a tax refund to Robin G Wilson The 1999 tax was prod twine, resulting ~n an overpayment l0 Approved a tax refund to Flagg Manne The 1999 tax was overpmd, resulnng in an overpayment Cay of Denton C~ty Cotmcfl Minutes April 18, 2000 Page 3 11 NO 2000-140 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF OWSLEY PARK REPAVING AND SIDEWALKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2472 - OWSLEY PARK REPAVING & SIDEWALKS PROJECT AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $265,777 30) 12 NO 2000-141 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PAINTING OF FUEL OIL TANKS, GENERATOR HOUSING, AND TRANSFORMERS AT THE MUNICIPAL POWER PLANT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2480 - PAINTING FUEL OIL TANKS, GENERATOR HOUSING, AND TRANSFORMERS AWARDED TO PATRICK BROTHERS PAINTING CONTRACTORS IN THE AMOUNT OF $61,284) 13 NO 2000-142 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ACQUISITION OF LEASE PURCHASE FINANCING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2489 - LEASE PURCHASE FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 4 99%, APPROXIMATE FINANCING CHARGES $99,819) 14 NO 2000-143 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF TESTING FOR INFESTATION OF FUNGI AT CENTRAL FIRE STATION IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 04125 TO THE PROVIDENT GROUP IN THE AMOUNT OF $7,250 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $19,400 FOR A TOTAL OF $26,650) 15 NO 2000-144 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE 3/4-TON PICKUP TRUCKS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2499 INTERLOCAL AGREEMENT - PURCHASE ORDER 04742 TO C~ty ofD~nton C~ty Council Minutes April 18, 2000 Page 4 H-GAC IN THE AMOUNT OF $75,855 28) 16 NO 2000~145 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2476 - REFUSE TRUCKS AWARDED AS LISTED 1N THE AMOUNT OF $751,371) 17 NO 2000-146 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIREFIGHTER BUNKER GEAR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2485 - FIREFIGHTER BUNKER GEAR AWARDED TO CASCO INDUSTRIES, INC, IN THE ESTIMATED AMOUNT OF $20,418 80) 18 NO 2000-147 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF FIREFIGHTER STATION WEAR UNIFORMS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PI~OVIDING AN EFFECTIVE DATE (BID 2486 - FIREFIGHTER STATION WEAR UNIFORMS AWARDED TO WILSON FIRE/NAFECO IN THE ESTIMATED AMOUNT OF $39,020 50) 19 NO 2000-148 AN ORDINANCE APPROVING AMENDMENT NO 4 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES, AND PROVIDING FOR AN EFFECTIVE DATE 20 NO R2000-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS DETERMINING COMPETITIVE MATTERS RESPECTING CERTAIN PUBLIC POWER UTILITIES, WHICH ARE SUBJECT TO PROTECTION UNDER THE TE~LttS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT, ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, AND PROVIDING FOR AN EFFECTIVE DATE 21 NO 2000-149 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE C~ty of D~nton City Council Minutes April 18, 2000 Page 5 IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE 22 NO 2000-150 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE 23 Approved the Prehmlnary Design Report by Freese & Nichols for the Modifications to Lake Ray Roberts Surface Water Treatment Plant PUBLIC HEARINGS 24 The Council held a pubhc heanng to receive citizen comments regarding cable telev~smn rates John Cabrales, Interim Public Information Officer, presented lnformatmn to Council regarding Charter's request for an Increase in rates The C~ty received the appropriate FCC forms from Charter on March 7th The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the public heanng Pat Morrow, Charter Commumcat~ons, answered questions from the Council 25 The Counml held a pubhc heanng mwtmg c~t~zens to comment on the C~ty of Denton's 2000 - 2005 Consolidated Plan for Housing and Commumty Development and the 2000 Action Plan Barbara Ross, Community Development Coorchnator, ~ntroduced Wallace Duvall, Chmrman of the Human Services Adwsory Committee, and Ann Hatch, Commtmlty Development Advisory Committee Mr Duvall rewewed the funding figures for the Human Services Adwsory Committee Ms Hatch rewewed the Committee's recommendations The Mayor opened the pubhc heanng The following individuals spoke during the pubhc heanng Denise Hale, 2009A Greenway, Denton, 76208 - requested recons~deratmn of funding for the Specml Olympics team C~ty of D~nton C~ty Council Minutes April 18, 2000 Page 6 The Mayor closed the pubhc heanng 26 The Council contanued a pubhc heanng and considered approving the Detailed Plan for Planned Development (PD-93) encompassing approximately 10 acres The property was generally located on the southwest comer of Ryan Road and Teasley Lane A 159 unit multi- family resadentlal development was proposed The Planning and Zoning Commission recommended approval (4-3) with conditions (Z-99~096, Ryan/Teasley) Doug Powell, D~rector of Planning and Development, stated that additional considerations from the previous Council meeting were that an 8' high masonry fence would be added to all parking areas, buildings adjacent to the current single family home development would be one story, and additional open space would be dedicated The Mayor opened the pubhc heanng The following individuals spoke dunng the pubhc heanng Alison Archer, 2112 Spnng Creek Parkway, Plano- favor Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition Dave Nell, 1101 Buena Vista, Denton, 76205 - opposition The following individuals submitted Comment Cards Elaine Noto, 3941 Overlake Drive, Denton, 76205 - opposition Martin Noto, 3941 Overlake Drive, Denton, 76205 - opposition The Mayor closed the public hearing Powell stated that staff felt there were other design considerations that could be used for this property Knstoferson motioned, Durrance seconded to deny the Detailed Plan On roll vote, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Miller "nay" Motion earned with a 4-3 vote ITEMS FOR INDIVIDUAL CONSIDERATION 27 The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submissions of an appheat~on of the Criminal Justice Division of the Office of Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles, prowding for thc return of any lost or misused funds to the Criminal Justice Division, of the Office of the Governor, State of Texas, and prowdmg an effective date The following ordinance was considered C~ty of Donton City Cotmc~l M~nutes April 18, 2000 Page 7 NO R2000-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSIONS OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES, PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion earned unammously The Courted considered ~tem #34 34 The Council considered adoption of an ordinance of the C~ty of Denton, Texas, authorizing the C~ty Manager to submit a grant apphcatlon and all other necessary documents to obtmn a grant under the Umted States Department of Housing and Urban Development Lead- Based Paint Hazard Control Grant Program, estabhshmg objectives and projected use of funds and a lead-pmnt hazard control program description w~th the appropriate certfficat~ons, as authorized and reqmred by the Housing and Community Development Act of 1974, as amended and all other apphcable laws, providing for an effective date The following ordinance was eonsadered NO 2000-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION AND ALL OTHER NECESSARY DOCUMENTS TO OBTAIN A GRANT UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD- BASED PAINT HAZARD CONTROL GRANT PROGRAM, ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-PAINT HAZARD CONTROL PROGRAM DESCRIPTION WITH THE APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND ALL OTHER APPLICABLE LAWS, PROVIDING FOR AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Mdler "aye" Motion earned unanimously 28 The Council considered and took action on a request for rehef from the Non-Res~dentml Interim Regulations, Ordinance 2000-069, for 1013 Shady Oaks The proposal was for Office/Warehouse use (RN-00-10) City of Denton City Cotmcfl Minutes Apnl 18, 2000 Page 8 Beasley motioned, Burroughs seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion earned unanimously 29 The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for V~ctorla Square Phase II The property was located at 117 Prairie and 408 Wainwright The proposal was for Office use (RN-00-12) Council Member Durrance abstained from consideration of th~s item due to a possible conflict of interest Young motioned, Burroughs seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion camed unammously Council Member Durrance returned to the meeting 30 The Council considered and took action on a request for rehef from the Res~dentml Interim Regulataons, Ordinance 2000-046, for McKamy Evers Estates, located on Locust Street, south of Loop 288 and north of Evers Park The proposal was for residential (SF-7) use (RR- 00-09) The following mdlvlduals spoke on the item Ceha Reed, 1035 W Oak, Denton, 76201 - favor David Evers Tnpp, 2900 N Elm, Denton 76201 - favor Cochran motioned, Young seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance '~nay", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion carried Wltha 6-1 vote 31 This item was pulled from consideration 32 The Council considered and took action on a request for rehef from the Resldentml Intenm Regulations, Ordinance 2000-046, for Sttmmlt Oaks Addition, Phase II The 38 07-acre property was located approximately 122 feet north of Ryan Road on FM 2181, east of FM 2181 A single-family Planned Development (PD) was proposed The following ~ndividuals spoke on the issue Ottls Lee, 1192 Bohng Ranch Road, Azle, 76020 - favor Jim Haddock, 6300 Radglea Place, Suite 210, Fort Worth, 76116 - favor Jenmfer Huff, 3904 Overlake Drive, Denton, 76205 - favor Dave Neal, 1101 Buena Vista, Denton, 76205 - opposmon Robert Kassam, 2221 Loon Lake Road, Denton, 76205 - opposition C~ty of Denton C~ty Councd M~nutes April 18, 2000 Page 9 Beasley motioned, Young seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Mdler "aye" Motion camed w~th a 5-2 vote 33 The Counml reconsidered demal of a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Robinson Oaks subd~ws~on The 36 1-acre property was located north of Robinson Road west of the future FM 2499 R~ght-of-Way A slngle-famdy Planned Development (PD) was proposed (RR-00-06, Robinson Oaks) (Councd Member Burroughs requested reconsideration ofth~s ~tem ) Burroughs motioned, Young seconded to reconsider the demal of the proposal On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor M~ller "aye" Motion fiuled w~th a 3-4 vote 35 The Conncll considered nominations and appmntments to the C~ty's Boards and CO1TI1TI1S slons There were no nonnnatmns/appmntments made at th~s meeting 36 New Business The following ~tems of New Bus~ness were suggested by Council Members for future agendas A Counml Member Young asked for a report regarding the Planmng Department's m~stakes not hstlng cases ~n a t~mely manner He requested that the City Manager lnvest~gate whether any Councd Members were mterfenng in the Planning Department and requested a plan to help prevent the s~tuat~on from happening agmn 37 Items from the C~ty Manager C~ty Manager Jez d~d not have any items for Councd 38 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 39 The following official action was taken on Closed Meeting ~tems considered under Sections 551 071-551 086 of the Texas Open Meetings Act The following ordinance was considered NO 2000-152 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROViNG AN AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, iNC PERTAINING TO THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED SPECIALIZED PROFESSIONAL ENGINEERING SERVICES RESPECTING DENTON MUNICIPAL ELECTRIC, WHICH EQUIPMENT IS City of D~nton City Council Minutes April 18, 2000 Page 10 AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS, AND WHICH PROFESSIONAL SERVICES ARE EXEMPT FROM THE COMPETITIVE BIDDiNG PROVISIONS OF STATE LAW, APPROViNG THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE Burroughs motioned, Young seconded to approve the contract contingent on the TNRCC adopting roles substantially in the form presently proposed by the TNRCC staff, and on the PUC making a commitment to begin a formal mlemakmg process by a date certain that prowded cost recovery of fixed and variable operating costs of the Spencer Plant above the market cleanng prices of energy and the mvestment in the NOx emission monitoring and controls equipment Staff was directed to draft a letter for the Mayor's signature to the Chmrman of the PUC with copies to Senator Sibley and Representative Wolens The letter would express Denton's concern that the ERCOT stakeholders process would not appropriately address Denton's cost recovery issues and requested a date certmn by whmh the PUC would begin a formal mlemaklng process to address the issues ~n the motion On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion earned unanimously W~th no further bus~ness, the meeting was adjourned at 9 30 p m JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 25, 2000 After determlmng that a quorum was present and convemng in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 25, 2000 at 5 15 p m in the C~ty of Denton Council Work Session Room PRESENT Mayor Miller, Mayor Pro Tem Beasley, Counml Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meetmg A Deliberations Regarding Real Property --- Under TEX GOV'T CODE Section 551 072 (1) Received ~nformatlon from Staff, discussed, deliberated, considered, and provided Staff with adwce and direction pertmnmg to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acqmsmon by the City of Denton Municipal Utilities Department of two (2) tracts of real property, the first being an approximate 3 976 acre tract s~tuated w~thm the proposed North Polnte Addition to the City of Denton, and the second tract being an approximate 0 4221 acre tract s~tuated adjacent to the proposed North Pomte Addition to the City of Denton, both tracts being situated within the T Toby Survey, Abstract No 1288, in Denton County, Texas, which acqmsltlon is for a public purpose, and which two (2) tracts of real property are located off of Rlney Road, near the High School Elevated Storage Tank (2) Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertmmng to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton Municipal Ut~hties Department of a certmn approximate 20 acre tract of real property that is part of a 30 191 acre tract of real property, commonly known as Lot 2, Block A, Sandhn Addmon, an addition to the City of Denton, Denton County, Texas according to the Conveyance Plat recorded at Cabinet O, Slide 132 of the Plat Records of Denton County, Texas, and which tract is located North of Joyce Lane, whmh acquisition is for a pubhc purpose Spemal Called Session of the City of Denton City Councd on April 25, 2000 at 6 00 p m in the Work Session Room at City Hall 1 The Council considered adoption of an ordinance authonmng the ~ssuance, sale, and dehvery of City of Denton Ut~hty System Revenue Bonds, Series 2000, and approwng and authorizing instruments and procedures relating thereto, and providing an effective date Kathy DuBose, Assistant City Manager for Finance, stated that the bids were for utility system revenue bonds m the amount of $55,395,000 The bonds would be used to fund system Ctty of Denton City Cotmcll Minutes Apn125, 5000 Page 2 ~mprovements and upgrades including the acquisition of land, to make a deposit to the reserve fund and to pay the cost of~ssuance associated w~th the sale of the bonds Dawd Medamch, F~rst Southwest Company, stated that the C~ty had mmntamed ~ts bond rating at A1 and A+ He felt that was very favorable for the C~ty g~ven the current market The following ordinance was considered NO 2000-153 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 2000, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Mdler "aye" Motion camed anan~mously 2 The Council considered adoption of an ordinance w~th respect to proposed amendments to bond ordinances and approwng and prowd~ng an effective date Ted Bnzzolara, McCall, Parkhurst and Horton, stated that this ordinance would amend all outstanding Utdlty revenue ordinances It d~d not affect any general obhgat~on or certfficates of obhgat~ons bond ordinances The C~ty would be able to sell a portion of the utdlty system that was determined to be non-essenttal to the system A second amendment would allow the City to mmntmn some records of the ut~llty system as confidential and not subject to the Open Records Act The third amendment would allow for competition w~thln the City The following ordinance was considered NO 2000-154 AN ORDINANCE WITH RESPECT TO PROPOSED AMENDMENTS TO BOND ORDINANCES AND APPROVING AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Mdler "aye" Motion camed unanimously Following the completion of the Special Called Session, the Coancd convened ~nto a Work Session 1 The Cotmml received a presentation from D~versffied Utility Consultants, Inc regarding Electric Utility Rate Design Dan Lawton, D~versffied Utlhty Consultants, Inc, presented ~nformat~on regarding concepts and ~ssues related to rate design m terms of traditional cost of service allocations Thts was the first City of De~nton City Council M~nutes April 25, 2000 Page 3 of several educational programs to be presented to Courted in order to help evaluate and make decisions regarding electric rates in a deregulated market 2 The Council received a report, held a discussion, and gave staff direction regarding a group counsehng program for couples to be presented by the Police Department's Family Services Coordinator Gary Matheson, Police Chief, stated that at the February 22nd Council meeting, this program was presented to Council and at the time the plans for the proposal were discussed Dunng that meeting, several concerns were raised regarding the program He reviewed the concerns and the proposed solutions as noted in the agenda materials Council Member Cochran expressed continued concerns regarding liability of the City with such a program and the screening process used to enroll indiwduals an the program Herb Prouty, City Attorney, stated that the program was more risky than other governmental functions If the function was considered governmental, the hablhty of the city was capped If the function was considered proprietary, there was no cap for city liability Council Member Durrance suggested receiving additional ~nformation and clarification regarding the liability issue He hked the multiple dISclphned approach to the proposal He was concerned that the program should have a broad based approach and wanted to know how the program would address that concern Mayor Pro Tern Beasley stated that she was pleased to see that the Friends of the Family would be more involved with the program She questioned what was currently being done with these types of situations Rachard Godoy, Family Services Coordinator, stated that he currently dealt with some of these couples on an mfurmal indiwdual basis and not in a group session Mayor Pro Tern Beasley also expressed a concern regarding the habflity issue Mayor Miller felt that the program was trying to work on the prevention aspect of the ~ssue He felt th~s was a perfeot setting for this program He felt the program should be implemented Council Member Burroughs expressed support for the program Council Member Young expressed a desire for a safeguard to prevent individuals from being pressured to partmipate m the program City Manager Jez expressed a concern on which direction to follow He felt that at the last meeting Council had given dlrectmn to implement the program and wonld follow up with more specific information on several of the Council's concerns He needed further clarification from the Council on how to proceed w~th the program Council Member Young felt that more information was needed regarding the liability Issues City of Detnton City Council Minutes April 25, 2000 Page 4 City Manager Jez suggested that Chief Matheson and Mr Godoy be directed to begin to take the steps to implement the program with the City Attorney addressing the final hablhty issues in his status report If there were no significant problems, the program would continue and if there were sigmficant problems, the program would be stopped Chief Matheson stated that the intent was to not fully implement the program until September Consensus of the Council was to proceed as stated by City Manager Jez 3 The Council received a report, held a discussion, and gave staff direction regarding the Dunkln Sims Stoffels' contract for the joint Lake Ray Roberts Growth Management Plan proposed by the Cities of Denton and Dallas Juhe Smith, Environmental Compliance Manager, stated that this contract would produce the necessary information to develop a successful Growth Management Plan for Lake Ray Roberts The study Included extensive data collection and analysis of existing information such as topography, vegetation analysis, utility faclhtles and easements She reviewed the goals of the plan as noted in the agenda materials and the scope of servmes that the consultant would provide Consensus of the Council was to proceed with the proposal 4 The Council received a report, held a discussion, and gave staff direction regarding the use of Public Improvement Dmtncts Ed Hodney, Director of Parks and Recreation, presented an update on the concept of public improvement districts based on Council comments received at a work session on January 11th He reviewed the concerns expressed and the results of the research on those concerns Staff felt that public improvement districts were a viable financing mechanism for a wide range of pubhc improvements and were considered attractive to many developers It was felt that further research was needed to determine the appropriate role of the City in regards to policy or regulatory options Staff was recommending that research continue into the appropriate use of public improvements districts and that the Development Code Committee's recommendations related to development requirements be incorporated into a public ~mprovement district policy and ordinance Consensus of Council was to continue with the research as proposed by staff 5 The Council received a report, held a discussion, and gave staff direct~on regarding the adoption of a new master plan for North Lakes Park Ed Hodney, Director of Parks and Recreation, stated that staff was requesting endorsement of the proposed master plan for the North Lakes Park The proposed update of the master plan incorporated the existing facilities and laid plans for future developments in an orderly manner that was consistent with Denton's growth, neighborhood compatibility and the citizens' desires for new recreational facilities Consensus of the Council was to proceed with the staff proposal City of D~nton City Council Minutes April 25, 2000 Page 5 6 The Council received a report, held a discussion, and gave staff direction regarding the adoption of a Parks, Recreation and Open Space Plan, w~th a Pedestrian and Bicycle Mobthty Element Ed Hodney, Director of Parks and Recreation, presented the details of the draft master plan that would grade the provision of new parks, recreation factht~es and open space Also included in the plan was the development of a mobility plan that would recommend routes for pedestrian and bmycle paths plus recommendatxons for recreational and pathway improvements The plan would quahfy for C~ty matching grant funds from the Texas Recreational and Parks Fund, adm~mstered by the Texas Parks and Wfldhfe Department Consensus of the Council was to proceed w~th the proposal as presented 7 The Council received a report, held a d~scussion, and gave staff d~rectaon regarding possible amendments to the Interim Residential and Nonresidential Ordinances, including consideration of a draft schedule prepared to allow for review and adoption of s~te design and enwronmental standards recently released by the Code Committee Doug Powell, D~reetor of Planning and Development, stated that three short-term issues had been ~dentlfied If changes were desired by Council, staff would prepare draft rewslons, followed by Planmng and Zomng Commission pubhc hearing and recommendations, Council pubhc heanng and adoptmn The three ~ssues ~ncluded small development (5 acre) exemption, building permits and exemptions for addmons Consensus of Council was to proceed w~th the change for small development exemptions as noted in the agenda materials Council debated the pros and eons of the issue of whether to make building permits subject to the provisions of the ordinance Consensus of Council was to proceed with the change for building permits as noted in the agenda materials Consensus of the Council was to proceed with the change for the exemptions for additions as noted ~n the agenda materials Powell stated that there were two broad-based issues wtth regard to the interim ordinance Those issues were tract s~ze density lneqmt~es and d~scretionary project plan remew as detailed in the agenda materials Staffwas recommending that the Code Rewrite Scope of Work be followed as approved by Council by moving forward to adopt the site design and environmental standards as a set of overlay regulations to operate m conjunctmn with existing regulations Consensus of the Council was to proceed with the process as recommended by staff 8 The Council received a report, held a discussion, and gave staff d~mction concerning cable telemsmn rates for Charter Communications City of Dqnton City Council Minutes April 25, 2000 Page 6 John Cabrales, Public Information Officer, reviewed the information regarding the City's ability to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge He remewed the current, proposed and recommended rates proposed by the consultant Staff was recommending that a resolution be drafted approwng rates as determined by C2 Consulting Consensus of the Council was to accept the Consultant's recommendations and proceed with drafting an ordinance based on C2's recommendations 9 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further busmess, the meeting was adjourned at 10 00 p m JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda No Agenda It,,m , AGENDA INfORMATiON S.EET AGENDA DATE' May 16, 2000 t DEPARTMENT' City Manager's Office tx/ CM Mmhael W Jez, C~ty Manager SUBJECT Consxder adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1 (c)(2) of the Code of Ordinances of the C~ty of Denton, Texas an exception to the llm~tat~ons ~mposed by that section w~th respect to hours of operation of an amphfied loudspeaker system, and prowdtng an effective date (Juneteenth Celebratmn Act~wt~es) BACKGROUND Denton Parks and Recreation Department has requested that the C~ty Councd grant an exception to the norse ordinance for celebratory activities for Juneteenth The C~ty has granted an exception for the Juneteenth Actlwnes ~n 1997, 1998, and 1999 Held at Fred Moore Park, the events reqmrmg an exception to the noise ordinance are planned for two days, m June focusing on the weekend closer to of June 19 The events traditionally ~ncluded a Gospel Extravaganza, softball tournament, parade, talent show and luncheon The 3-year exception wall cover the 2000, 2001, and 2002 Juneteenth celebrations This year's act~wt~es are scheduled for Frtday, June 16th and Saturday, June 17th and will take place ~n Fred Moore Park The activities planned for June 16th include a Gospel Extravaganza w~th numerous choirs and ~nd~v~duals s~ng~ng from 6 00 p m to 11 00 p m On Saturday, June 17th, there will be entertmnment ~ncludlng hve bands, a dance contest, and talent show The mmn source of no,se from these activities w~ll be the use of speakers for the bands and announcements The surrotmdlng area consists mmnly of res~denttal neighborhoods, w~th Oakwood Cemetery to the north (Attachment 2) Th~s event has been held for several years ~n the past at Fred Moore Park and there have been no complmnts from the surrounding neighbors As you know, the nmse ordinance declares loudspeakers, amphfiers, and musical ~nstruments a no~se nmsance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 4) The ordinance does, however, prowde that the C~ty Counml may make exceptions when the pubhc ~nterest ~s served Parks and Recreation Juneteenth Activities No~se Exception June 16 and 17, 1999 Page 2 The organizers have been ~nfonned that should Councd approve th~s request, responsible use of amphfied sound ~s still reqmred by Sectaon 20-1 of the C~ty of Denton Code of Ordinances In pamcular, Section 20-1 (a) states It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary nmse wluch causes or may cause material d~stress, d~scomfort or ~njury to persons of ordinary sens~b~htles ~n the ~mmedmte wc~nlty thereof PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None Respectfully Subm~tte/ . Betty Wd4~rns Director, Management and Pubhc Informat~on Prepared by ~Rod~ne M~tchell Management Assistant Attachmems 1 Request/L~st of Evems 2 Map of the area 3 Nmse Ordinance 4 Proposed Ordxnance 321E McKINNEY DENTON, TEXAS 76201*(940) 349 PARK *FAX (940) 349-8384 PARKS & RECREATION DEPARTMENt MEMORANDUM DATE April 9, 2000 TO Rodney Mitchell, Management Assistant C~ty Manager's Office FROM Bobby Givens, Recreation Leader Parks and Recreation SUBJECT: 2000 JUNETEENTH CELEBRATION The Juneteenth Planmng Committee has recommended that all act~vit~es take place on the following dates and times as ~nd~cated below Please contact appropriate c~ty councd members to ~mtmte the necessary noise and occupancy variances to extend until 1 00 a m on the dates noted We will need addit~onal time to clear the park of ~ts partm~pants and secure all supphes and eqmpment used ~n conjuct~on w~th th~s event I will provide a packet of information for Jenmfer Walters to forward to each council member to be included m conjunction w~th th~s request at a future council meeting FRIDAY, JUNE 16, 2000 SATURDAY, JUNE 17 · Juneteenth Dance · Co-ed SoRball, 3-on-3 Basketball Civic Center, 321 E Mcgdnney - 10 00 p m Fred Moore Park ball fields - 8 00 a m · Specml lunch prowded at ° Proclamation from the Mayor American Legion Hall - 12 Noon C H Collins Act~mty Stage · Gospel Extravaganza Fred Moore Park - I 00 p m - 10 00 p m C H Collins Act~vtty Stage - 6 00 p m - 11 00 p m · Grand Parade - 9 00 a m Sign-up · Awards Ceremony 10 00 a m Line-up at Tomas Ravera C H Collins Act~wty Stage Entertmnment L~ve Bands, Dance Contest, Talent Show for children & adults 12 00 Noon - 12 00 Mldmght SUNDAY & MONDAY - to be announced Thanks cc Ed Hodney Janet Simpson Kathy Mosby Amanda Green "Dedicated to Quality Serwce" www cttyofdenton corn 3 Fred Moore Park Area Engineering & Tran~ooratlon Q 1,8 Chapter 20 NUISANCES* Art. I In General, §9 20-1--20-30 Art II. Abandoned Property, 99 Dry I Generally, 9§ 20-31--20-40 Dlv 2 Motor Vehicles, §§ 20-41--20-70 Art. III. Grass and Weeds, §9 20-71--20-73 ARTICLE I IN GENERAL Sec 20-1. Noise (a) It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary no~se winch causes or may cause mater~al dmtress, d~scomfort or injury to persons of ordinary sensibd~t~es ~n the ~mmed~ate v~c~mty thereof (b) It shall be unlawful for any person to make or cause any nome of such character, ~ntens~ty and continued duration as to substantmlly interfere w~th the comfortable enjoyment of prlvato homes by persons of ordinary sens~bd~t~es (c) The following acts, among others, are declared to be no~se nmsances m v~olatmn of tins Code, but such enumeration shall not be deemed to be exclusive (1) The playing of any phonograph, telewslon, radio or any musical instrument ~n such manner or vnth such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or d~sturb the quiet, comfort or repose of persons of ordinary sens~bd~t~es ~n any dwelhng, hotel or other type or residence, (2) The use of any stattonary loudspeaker, amphfier or musical ~nstrument In such manner or w~th such volume as to annoy or d~sturb persons of ordinary sens~bd~t~es ~n the ~mmed~ato wc~mty thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operatwn of such loudspeaker, amphfier or musical ~nstrument at any t~me on Sunday, provided, however, that the c~ty councd may make exceptmns upon apphcat~on when the pubhc interest wdl be served thereby, (3) The blowing of any steam winstle attached to any stationary boder or the blowing of any other loud or far-reacinng steam whistle w~tinn the c~ty hants, except to gtve not~ce of the t~me to beg~n or stop work or as a warmng of danger, (4) The erection, excavation, demoht~on, alteration, or repair work on any budding at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on *Cross references--Protected m~gratory b~rd roosts declared nmsance, § 6-87, inspec- tion and abatement warrants, § 19-86 et seq, insect and rodent control ~n mobde home and recreatmnal veincle parks, 9 32-91 Supp No 6 1389 4 20-1 DENTON CODE Saturday;, and between 1 00 p m and 8 30 p m on Sunday, provided, however that the city councd may issue special permits for such work at other hours in case of urgent necessity and in the ~nterest of public safety and convenience (5) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or ad~acent thereto (Code 1966, 44 14-20, 14-21, Ord No 95-184, 4 1, 9-12-95) Cross reference-Animal noise, 4 6-26 F \shated\dept~LGL\Our Documents\Ordmances\00XJuneteenth 3 year doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 20-1(c)(2) of the Code, Denton Parks and Recreatton Department has made apphcatlon to the C~ty Cotmcd for an excepuon to the provts~on of that same section restricting the operation of amphfied loudspeakers after 10 00 p m, m connection wtth the Juneteenth Celebratton acttwt~es annual event held at 613 Lakey Street, Fred Moore Park, and ~n connection w~th satd request, has requested the exceptton to be granted on an ongoing bas~s for sa~d annual event at smd location for two days between June 12 and June 26 of each year, and WHEREAS, upon prior apphcat~on and approval by the City Council of the City of Denton, Texas, Denton Parks and Recreatton Department has consistently demonstrated over the past three years an abthty to responsibly operate amphfied loudspeakers m connection wtth Jtmeteenth Celebration Acttvlttes annual event held at 613 Lakey Street, Fred Moore Park, at trines past the hours defined ~n §20-1(c)(2) of the Code, wlthtn the pubhc mterest and wtthout materially d~sturblng persons of ordxnary senstbd~ttes tn the immediate Vtclmty thereof, and WHEREAS, based upon th~s past h~story, the Ctty Council of the C~ty of Denton, Texas finds that granting an exception for th~s annual event on an ongoing basts for a three-year period, subject to the restrictions contained hereto, would serve the pubhc interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That, pursuant to §20-1(c)(2) of the Code of Ordmances Denton Parks and Recreation Department ts hereby granted an exception to thts section's 10 00 p m hm~tatmn , upon the operation of amphfied loudspeakers, subject to the condtt~ons hsted below 1 Th~s exception ~s granted only m connection wtth the operatton of the Juneteenth Celebration Acttvtt~es annual event at 613 Lakey Street, Fred Moore Park, for two days between June 12 and June 26 of each year 2 Denton Parks and Recreation Department agrees to take full responsththty for ensunng that the conditions of thru exceptton are met, and to take all reasonable measures necessary to avoid d~sturbmg persons of ordinary senstb~ht~es m the tmmedtate vtcmtty of the event F \shared\dept~LGL\Our Documents\Ordmances\00XJuneteenth 3 year doc 3 Denton Parks and Reereat~on Department agrees to cease ustng amphfied loudspeakers at 12 00 mtdmght Monday through Thursday, 1 00 a m Friday and Saturday and 11 00 p m on Sunday 4 Under no c~rcumstances shall the annual event employ the use of amphfied loudspeakers between the hours of I 00 a m and 7 00 a tn 5 Thls ordinance confers no personal or property rights, and may be amended, modffied, superseded or revoked m whole or tn park at the wall of the C~ty Counml of the C~ty of Denton, Texas, w~thout any advance warmng, heanng or compensatton, for any reason at all, or for no reason 6 Th~s ordinance shall be smctly construed as an exception granted pursuant to §20-1(c)(2) of the Code of Ordinances of the Ctty of Denton, Texas The C~ty of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedtes, mxal or criminal, relating to excessive noise m connection with thts annual event, and hereby d~scla~ms any promissory or eqmtable estoppel which mtght m any way impede the pursuit of such remedtes by any person ~ That thts ordtnance shall become effective tmmedtately upon ~ts passage and approval, and exptre three years hence, unless sooner repealed, modffied or rescinded PASSED AND APPROVED this the __ day of _, 2000 MAYOR ATTEST JENNiFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Aoendaltem ' ~ .... AGENDA ]N]?ORMAT[ON .EET AGENDA DATE May 16, 2000 Questions conceming this acquisition may be directed DEPARTMENT: Materials Management to Howard Martin 349-8232 DuBose, Fiscal and Municipal Services ACM' Kathy SUBJECT' An Ordinance providing for the expenditure of funds for emergency purchase of repairs reqtured due to fire damage to the Spencer Station #3 Cooling Tower in accordance with provision of State Law exempting such purchases from requirements of competitive bidding, and providing an effective date (Purchase Order 05460 to Midwest Towers, Inc in the amount of $316,538) PURCHASE ORDER INFORMATION: The #3 Cooling Tower was built in 1961 The cooling tower has had some minor repairs done over the years In recent years, the #3 un]ts have been placed in an "El" condition due to the power demand of the area and increased load on the cooling water system This action placed the cooling tower into a fully operational status The steam untt accumulated an average of 1070 hours of run time over the last four years The unit's run time Is increasing by an average of 22% a year The increased operation tempo is an unknown due to the growth of the area and newer units are built in the state A fire occurred late Sunday, April 22, 2000 on top of the #3 Cooling Tower, and was extinguished by the running of one of the circulating water pumps and the Denton Fire Department Two of the four cells of cooling tower received the majority of the fire damage The third adjacent cell only received minor fire damage The majority of the fire damage was concentrated on the East Side of the cooling tower around the fan deck and the hot water basin on the three cells Due to the pending requirement for heavy summer load usage, the repairs to the #3 cooling tower have been declared an emergency RECOMMENDATION: We recommend Purchase Order 05460 to Midwest Towers, Inc be approved in the amount of $316,538, including $30,000 for possible undisclosed additional fire damage PRINCIPAL PLACE OF BUSINESS. Midwest Towers, Inc Chlckasha, Oklahoma Agenda Information Sheet May 16, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: The work will take four weeks to complete Start date is scheduled for May 8, 2000 with completion by June 5, 2000 FISCAL INFORMATION: Repairs to fire damaged Umt 3 Cooling Tower will be funded from 1999/2000 budget account (610-101-1011-$130-8339) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 05460 2 Quotation from Midwest Towers, Inc 1382 AGENDA ATTACHMENT 2 PAGE 1 OF 5 Midwest Towers, Inc. "Quality and Service with Integrity" Denton Municipal Electnc ~ Denton, Texas Subject' Denton Mumclpal Generating Stabon Umt 3 Cooling Tower Repair M,dwest Towers' Prooosal No. MT-R-2101 SCOPE OF WORK BASE BID 1 D E I Remove and replace as required fire damaged dr;ft eliminators ard support Install Brentwood CDX-150 PVC dr~ff eliminators NeN drift ehm~nators will be supported on custom manufactured PV~ dra~n boards/shelf supports 2 HOT WATER BASINS--EAST SIDE Remove a mlmmum of 2 bas~ns decks 100% and apprommatey 10% of the th;rd cell for tnspecbon and replacement Replace fi~e damaged hot water basins, curbs, d~strlbubon boxes, nozzles, 2" x 6" basin joists, 2" x 6" m;dbay ne~lers, 2" x 4" jo~st supports and 4" x 4" stub post full length for outboard handra;Is Install new 2" x 4" longitudinal jo~st supports, 2" x 6" transverse joists and 2" x h" m;dbay nailers The new 2" x 6" transverse jo~sts w~ll be spflced ,~t the original splice block location install new 3/4" CCX pressure treated plywood decking and 2" x 10" Iong~tud;nal and transver.=e basin curbs Each basin will be sealed around the per~meter w~lh chamfered 2" x 2" and caulked w~th Vulkem Mastic to preve;~t leakage New custom manufactured d~stnbubon boxes w~ll t:e ~nstalled at each emstmg valve Iocabon Also included w~ll be hen polypropylene target nozzles New waikways w~ll be ~nstalled tl'e full length of damaged area New hand and knee rails w~ll I:e ~nstatled on the new 4" x 4" stub post Tel (405) 224-4~22 · Fax (405) 224-4625 ATTACHMENT 2 PAGE 2 OF 5 Denton Mumclpal Electnc Scope of Work Page 2 3 SPLASH FILL Remove fire damaged fill as required and ~nstail new fill The exae,t quantity will have to be determined after the header p~pe and basin decking ~s removed for ~nspect~on For now, 20% replacement ()f the top 6' of 2 cells m estimated and considered liberal The fill w 11 be Opts-Bar (exmtmg) in kind replacement New slotted 2" x ~" members w~il be installed to support the emstmg were hangers 4 HOT WATER BASIN COVERS Install hot water basin enclosures as required to replace firs damaged area Included will be new bolted 2" x 6" transverse jo~,,t supports and nailed 2" x 4" longitudinal jo~sts Enclosures well be oz, 5 33" corrugated fiberglass Area between fandeck and handrails w~ll remain open for ventilation Included well be necessary attaching hardware New access ladders w~ll b~ installed from the fandeck down to the hot water basra walkway,, The enclosure roof w~ll be framed for ladder access to walkways 5 PLENUM PARTITION WALLS New W' plywood plenum parht~on wails will be ~nstalled as necessary to replace fire damaged walls 6 .S,.TRUCTURAL REPAIRS Our first concern ~s to safely remove all fire damaged mechamcal equipment as they pose the greatest nsk due to their extreme weight Professionals should accomplish th~s as soon as possible to prevent their failing and causing further damage Replace as necessary all Redwood struc{ural members damaged by fire Again, this w~ll be a precarious endeavor g~ven ths conditions for scaffolding and safely replacing certain member,, Although we have completed numerous projects s~m~lar to th~s one,, each ~n ~t's own way is unique and requires our safety people ATTACHMENT 2 PAGE 3 OF 5 Denton Mun,clpal Electnc Scope of Work Page 3 (Structure cont ) working closely w~th our construction supervisors ~n staging a prolect such as th~s All members that have been compromised by burning or charring will be replaced All vertical 4x4 columns w~ll be replaced down to their original splice point All diagonal braces will be replaced ~n whole, full length All horizontal structural members will be replaced m their entirety, to original manufacturers splicing point,, Sphclng of any other structural member w~ll be completed Io on§~nal points, including those that enter longitudinally through a partition wall Included w~ll be #1 Structural Redwood, pressure treated, and new 304 SST attaching hardware 7 FAN DECK Replace ~n k~nd as required, Redwood 2 x 6 tongue & groow decking A minimum of 2 complete cells will be replaced m their entirety, and approximately 25% of the third cell Included w~th decking ~s all new jo~sts, joist supports, bndg~ng for fan stack,, quake blocks for stacks, and all necessary 304 SST attachln~ hardware This would be a very convenient opportunity to replace the balance of a very poor fan deck We can d~scuss this further if desired 8 DISTRIBUTION PIPING Supply and install 30" ~ FRP distribution piping from riser flange, into the forth bay of third cell At that juncture p~p~ng will be cut an:l new p~pe glassed to emstlng p~pe Included will be new p~pe, fiel:l fiberglass wrap kit, valve stub flanges, rebuilding of existing valve,,, new wood d~stnbubon boxes, d~stnbutlon saddle supports, and all necessary gaskets and hardware Also ~ncluded will be new FR 3 grating for access walkway between valve d~stnbutlon boxes ATTACHMENT 2 PAGE 4 OF 5 Denton Munlcipal Electric Scope of Work Page 4 9 ~ALL CASING Remove endwall casing only as required to access and replace burnt structure This w~ll be approximately 8 feet downward from fan deck, or to first full sheet below d~mage New casing will I:e ~nstalled after structure ~s replaced New casing w~ll be 12 ounce PSF, 4 2" corrugated FRP Each vertical seam w~ll be caulked ~o prevent leakage and attached to new structure w~ll SST na~l, Each na~l w~th neoprene SST bonded washers Included ~n ths item ~s cost of manhft TOTAL NOT TO EXCEED BASE BID ] $194,410 00 J ADDITIVES TO BASE BID ~ 0 FAN STACKS In two -(2) cells, remove fire damaged fanstacks and supply hen rigid fiberglass fanstacks manufactured by Midwest Towers The throat d~ameter w~ll be 22' and the inlet diameter w~ll be 25' The height will be 14' Also included w~ll be access door, removab e wewport, external motor couphng shaft guard and stainless ste,)l attaching hardware Segments from emstmg stack w~ll be salvaged for repair of third cells damaged panel Also included ~s FRP k~t lo repair small hole in bottom of one panel Labor for ~nstallatmn s included ~n base bid estimate Total Cost Per Fan Stack J $ 9,894 00 Each ATTACHMENT 2 PAGE 5 OF 5 Denton Mumczpal Electnc Scope of Work Page 5 11 FANS In two -(2) cells, remove fire damaged fans and znstall new Hudscn model APT-22H-6 blade fan assembhes New assemblies ~ncluce 6 each FRP fan blades, galvanized hubs bored for Marley gear,, FRP center seal d~sc, and all necessary attaching hardware Labi)r for ~nstallat~on ~s included ~n base b~d estimate Total Cost Per Fan Assembly I $ 6,885 00 Each 12 DRIVE SHAFTS In two -(2) cells, remove fire-damaged dr~ve shafts Supply Addsx composite fiber shafts, model LRH400270SS Labor mstallatmn m Included in base b~d estimate Total Cost Per Shaft I $1,854 00 Each 13 GEAR REPAIRS Inspect for heat damage and routine repair emstmg series 32 gear reducers as follows Routine repair includes new bearings, o~1 seals, shims, and bolts Sandblast exterior cases, and apply 3 coats epoxy paint Reassemble gear perform operational check and test run Labor for ~nstallabon ~s ~ncluded ~n base b~d estimate New series 32 gears would cost apprommately $14,000 each ant are 4 weeks ARO Total Routine Repairs I Per Gear I $ 8,970 00 Each 14 MOTOR & GEAR SUPPORT FRAMES Remove frames from South two cells Inspect for heat d~storhcn and rehab~hty Prowde new frames ~f required Included will be ;11 necessary 304 SST attaching hardware Labor for mstallatzon s ~ncluded m base bid estimate Total Cost Per New Frame I $ 2,950 00 Each ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF REPAIRS REQUIRED DUB TO FIRE DAMAGE TO THE SPENCER STATION #3 COOLING TOWER IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 05460 TO MIDWEST TOWERS, [NC IN THE AMOUNT OF $316,538) WHEREAS, state law and orchnance reqmre that certmn contracts requmng an expenditure or payment by the C~ty ~n an amount exceeding $15,000 be by competmve b~ds, except ~n the case of pubhc calamity where ~t becomes necessaD' to act at once to appropnate money to reheve the necesmty of the clttzens of the city, or m case of unforeseen damage to public property, machinery or eqmpment, and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or servmes due to the following emergency conditions outlined m the memorandum attached hereto, incorporated herem by reference, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the C~ty Council hereby detenmnes that there is a pubhc calamity that makes ~t necessary to act at once to appropriate money to reheve the neeesmty of the c~t~zens of the c~ty, or to proxade for unforeseen damage to pubhc property, maclunery or equipment, and by reason thereof, the following emergency purchases of materials, eqmpment, supphes or services, as descnbed m the "Purchase Orders" referenced herem and on file ~n the office of the Purchasang Agent, are hereby approved PURCHASE V ,mOR MOU T 05460 MIDWEST TOWERS, INC $316,538 ~ That because of such emergency, the City Manager or designated employee is hereby anthonzed to purchase the materials, eqmpment, supplies or services as described in the attached Purchase Orders and to make payment therefore m the amounts thereto stated, such emergency purchases being in accordance with the provisions of state law exempUng such purchases by the City from the requirements of compeUtive b~ds ~ This ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s the . day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY', CITY ATTORNEY BY 05460 EMERGENCY PURCHASE ORDER- ORDIANCE 2000 AGENDA INFORMATION SHEET ~-//¢/~OO oate_ AGENDA DATE: May 16, 2000 Questions concerning tl,as acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7132 ACM' Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance providing for the expenditure of funds for emergency purchase of 750 MCM copper URD conductor in accordance with provision of State Law exempting such purchases from requirements of competitive bidding, and providing an effective date (Purchase Order 05490 to Temple, Inc, in the amount of $140,946) PURCHASE ORDER INFORMATION: This purchase order is for the emergency acquisition of 25,350 feet of 750 MCM copper URD conductor (underground electric distribution cable) The cable is required for renovation to the Pockrus 212 feeder that currently serves Wind River, Sundown Ranch, part of Southndge, part of Montemto, the shoppmg center on the South Side of Lflhan Miller, and the Morning Star retirement residence and other bumnesses along Lflhan Miller The Pockrus 212 feeder could fall under heavy summer loads wluch could endanger the public health and safety of DME's customers Smce renovations must be completed prior to summer loads appropriate time for bidding and normal production is not avmlable (See memo attached for additional details ) RECOMMENDATION' We recommend tins emergency purchase order to Temple, Inc be approved m the amount of $140,946 PRINCIPAL PLACE OF BUSINESS: Temple, Inc Connth, Texas ESTIMATED SCHEDULE OF PROJECT: Under emergency conditions the suppher has agreed to supply the needed power cable on or before May 22, 2000 FISCAL INFORMATION. The funding for flus emergency purchase will come from inventory working capital account (710-043-0582-8701) Agenda Information Sheet May 16, 2000 Page 2 Respectfully submitted To'~6~--~m h~, C e M, ~49-7100 Purchasing Agent Attachment 1 Purchase Order 05490 2 Quote from Temple, Inc 3 Memo dated 5/2/00 1381 AGENDA Attachment 1 Attachment 2 TEMPLE, INC. To: DENISE HARPOOL From: CHUCK ALTMAN Company: DENTON. CITY OF Company: TEMPLE. INC. Fax: 9403497302 Fax: 940 270-7250 Phone: 940 270-7211 Date: 85/02100 Pages: 1 Message: SUBJECT OKONITE 115-23-3135 PER YOUR REQUEST, WE ARE PLEASED TO PROVIDE YOU WITH THE FOLLOWING iNFORMATiON REGARDING YOUR CURRENT CABLE REQUIREMENT FOR ~750MCM 15KV PRIMARY STRANDED COPPER CABLE WITH EPR INSULATION PER YOUR SPECIFICATION 12/EA N/R WOOD REELS X 1800FT 3lEA N/R WOOD REELS X 1250FT PRICE - $5 56/FT ****'DELIVERY CAN BE MADE WEEK OF MAY 22, 2000, PROVIDED AN ORDER iS RECEIVED AND RELEASED FOR IMMEDIATE SHIPMENT BY THURSDAY MAY 4,, 2000 ANY DELAY BEYOND THIS THURSDAY WOULD RESULT iN MISSING THE MAY 22ND PRODUCTION SCHEDULE AND EXTEND THE LEAD TIME BY SEVERAL WEEKS "*"** WE APPRECIATE THIS OPPORTUNITY, AND WE LOOK FORWARD TO SERVING YOUR REQUIREMENT, SHOULD THE NEED ARISE ATTACHMENT 3 To Sharon Mays ~ ~. prom Chuck Sears ~[~1/~' Date 5/3/00 Subject 15KV Underground Cable Unavailability As you are aware, the Pockms 212 feeder experienced a peak last summer of over 15 MW The ctrcurt ts only designed to carry 11 to 12 MW This ctrcurt serves Wmdnver, Sundown Ranch, part of Sonthndge, part of Montemto, the shopping center on the south side of the Lflhan Miller and 1-35E intersection (Albertsons, Luby's), and the Morning Star ReUrement Residence and other busmasses along Lflhan Miller There is not sufficient capacity available from other c~rcmts to take all of P212's load if the section exiting the substation fails at high load A plan has been developed to reduce the loading on P212 and provide adequate alternate sources Construction is proceeding with the intent of having work completed by June 1 The underground cable needed for tlus constmctaon is 750kcnul copper I was advised yesterday that sufficient 750 cable to complete the construction will not be available from the contracted suppher antfl the end of June This is well into the summer load period and places the system at an unacceptable levelofnsk Therequest for cable was sent to Purchasmg on Aprfl 14t~ with and expected dehve~ofab°ut four weeks Purchasing has advised that another suppher can provide up to 12 reels of 1800 feet each and three reels of 1250 feet each by May 22 The cost reqmres Council approval or an emergency purchase approval The contract for purchase of underground cable has recently changed The new suppher requires eight weeks for dehvery The previous suppher has taken less than four weeks for urgent orders At a cost of abont $6 00 per foot, any mdimdual purchases would hkely exceed the $15,000 lnmt The current request to Purchasing was for almost 33,000 feet We have historically delayed ordering this size cable, because of cost, until exact measurements from installed conduit could be made The pm'pose was to avoid having pieces form 50 to 300 feet left at the end of a reel As an example of what can happen, on one mventot'y hst within the last year, there were 27 mils of 500kcrml copper in the warehouse with under 300 feet left These are hard to use because there are few installations that short These short pieces often become scrap A further comphcataon has arisen On April 22, the exit portion of Feeder L211 m the Locust Substation failed The replacementcableofchome forexit feeders has been standarthzed as 750 Therewere onlythree 1400footreelsof750 remammgmmventory The Locust repa~r consumed approxmmtely 200 feet from each ofthe three reels Formost installations, three phases have to be pulled snnultaneously Therefore, the 750 size is maintained m sets of three reels of equal length These 1400 foot reels were planned for the Pockrus project and are now too short I recommend DME seak to purchase the above referenced 21 reels ofcable by emergency means Thiswfllbeasufficient amount to complete all the work for the Pockms Substation feeders and leave a small amount for spare while awaiting dehvery through the normal contsact Failure to do so will prevent completion of the planned projects untd hud July Construction m July will be difficult because of high system loading and the lack of ability to transfer load Outages could be necessary for construction Failure of the P212 exit feeder, m the interim, will result m an extended °uta8e f°r s°me customers The outage could range m length from elght to 24 hours Otherfeederswouldbeplacedatnskoffafluredunng the outage tune because of higher than reasonable loads necessary to supply as many customers as possible The only cable available to repair such failures could be the 500 size That is what is m service now and could fall again within a few days Clearly it is unreasonable to wait Accordingly, if we do not purchase the cable and get it installed withur the next month, there will be a high risk of outages wbach could endanger the pubhc health or safety of DME's customers Director, Electric Utthty ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF 750 MCM COPPER URD CONDUCTOR IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 05490 TO TEMPLE, INC, IN THE AMOUNT OF $140,946) WHEREAS, state law and orchnance require that certain contracts requmng an expenditure or payment by the City in an amount exceeding $15,000 be by compeUt~ve bids, except xn the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the muzens of the city, or m case of unforeseen damage to pubhc property, mactunery or eqmpment, and, WHEREAS, the C~ty Manager has recommended to the City Counml that tt ~s necessary to purchase goods or servmes due to the following emergency cond~Uons outhned ~n the memorandum attached hereto, incorporated hereto by reference, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Council hereby determines that there is a pubhc calamity that makes ~t necessary to act at once to appmpnate money to reheve the necessaty of the citizens of the cay, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced hereto and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE O~E~ NUMB~ WNDOR AMOUNT 05490 TEMPLE, INC $140,946 SECTION II That because of such emergency, the C~ty Manager or designated employee ~s hereby anthonzed to purchase the materials, eqmpment, supphes or servmes as described ~n the attached Purchase Orders and to make payment therefore m the mounts thereto stated, such emergency purchases being m accordance vath the proms~ons of state law exempting such purchases by the City from the reqmrements of compeUt~ve b~ds SECTION III. Th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 05490 EMERGENCY PURCHASE ORDER - ORDIANCE 2000 Agenda Item . AGENDA INFORMATION SHEET Date_ ,. --~7/~', AGENDA DATE May 16, 2000 Questions concermng tlns acqumtlon may be directed DEPARTMENT: Materials Management to Alex Pctt~t 349-8595 ACM Kathy DuBose, Fiscal and Mumclpal Servtces ~ SUBJECT. An Ordinance accepting competitive bids and awarding an annual contract for the purchase of Informix Software Mamtenance Coverage, prowdmg for the expen&turc of funds therefor, and prov~&ng an effective date (B~d 2490A - Informix Maintenance Coverage awarded to the sole respondent, Hams Computer Systems, in the amount of $35,185) BDIF T · This bid ~s for the purchase of an annual contract for maintenance of the Informix database engine Th~s techmcal support ensures the avadabdlty and rehab~hty of our current software and database that ut~hze Informix Th~s ~ncludes our ut~hty bllhng system (Hams), our mumclpal court system (CSI), and our geographical information system (GIS) RECOMMENDATION. We recommend th~s b~d be awarded to the sole respondent, Hams Computer Systems, ~n the amount of $35,185 PRINCIPAL PLACE OF BUSINESS. Hams Computer Systems Ncpean, Ontario, Canada ESTIMATED SCHEDULE OF PROJECT Th~s contract offers coverage from 7 00 A M to 7 00 P M, Monday through Friday, from May 1, 2000 to October 1, 2000 FISCAL INFORMATION. Funding for th~s techmcal service agreement will come from 1999/2000 budget account (770-044- 0080-8341) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet ATTACHMENT 1 TABULATION SHEET BID # 2490A J~ INFORMIX MAINTENANCE COVERAGE No]..Q,t~...I DESCRIPTION VENDOR Harris Computer Systems Principle Place of Business. Ontano, Canada I INFORMIX MAINTENANCE 1 LT' COVERAGE FOR DATA BASE $ 35,185 00 1 ENGINE Including A SUPPORT LEVEL IDS 7 30 SUPPORT SCHEDULE 7 00 AM - 7 00 B PM - MONDAY THRU FRIDAY C MAY 1,2000 TO OCTOBER 1,2000 D 150 USERS ORDINANCE NO __ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INFORMIX SOFTWARE MAINTENANCE COVERAGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2490A - INFORMIX MAINTENANCE COVERAGE AWARDED TO THE SOLE RESPONDENT, HARRIS COMPUTER SYSTEMS, IN THE AMOUNT OF $35,185) WHEREAS, the City has solicited, receivexl and tabulated compettttve bids for the purchase of necessary materials, equipment, supplies or sermces in accordance w~th the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has prowded in the City Budget for the appropnatlon of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2490A HARRIS COMPUTER SYSTEMS $35,185 $~ECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bxds for such items and agrees to purchase the materials, eqmpment, supplies or servxces xn accordance with the terms, specfficat~ons, standards, quantittes and for the specified sums contmned m the Bid Invitations, Bid Proposals, and related documents $~CTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bxds, the City Manager or his designated representative is hereby authorized to execute the written contract wluch shall be attached hereto, provided that the written contract is m accordance with the terms, conrhtlons, spemficatlons, standards, quantities and specffied sums contained in the Bid Proposal and related documents herein approved and accepted ~ECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and m accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That tfus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2490A SUPPLY ORDINANCE ^gonda No.~ 00 - Ob~._._, AGE TDAXNm] AT]ON SHEET 0enda tem // AGENDA DATE: May 16, 2000 Questions concerning th~s acquisition may be d~mcted DEP~TMENT: Materials M~agement to J~m Coulter 349-7194 ACM: ~thy D~ose, F~sc~ ~d M~tclpal Se~mes ~ SUBJECT: An Ordinance acceptmg competitive bids and awarding a public works contract for the construction of Inthan Pddge Channel Improvements, promdmg for the expenditure of funds therefor, and prowdmg an effective date (Bid 2488 - IndlaI1 R. ldge Channel Improvements awarded to Seneca Contracting Corporation in the amount of $177,570) I N' This bid is for the constructmn of drmnage improvements to the channel that runs North and South on the West S~de of Indian Rtdge from near Ticonderoga to Teasley Lane The project consists of regradmg and w~demng of approximately 900 feet of an existing drainage chtch within the Inrhan Rtdge and JVS subthv]mons The entire 900 feet will be replaced with a 10 foot concrete bottom and side slopes from the culvert under Teasley Lane to storm pipe South of Southndge subdlwsmn The project will ehminate erosion problems, facd]tate better mmntenance, and relieve mmor flood]n§ RECOMMENDATION. We recommend th~s bid be awarded to the lowest bidder, Seneca Contracting Corporation, in the amount of $177.570 pRINC][PAL PLACE OF BUSINESS' Seneca Contracting Corporatmn Denton, Texas E~TIMATED SCHEDULE OF PROJECT: The project Is scheduled to be completed by the end of September 2000 FISCAL INFORMATION. This project will be funded from $140,000 of general obligation bond funds and $37,570 in wastewater bond funds, account (461-020-DRAN-9819-9108) Agenda Information Sheet May 16, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1384 AG£NDA ORDINANCE NO ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTACT FOR THE CONSTRUCTION OF INDIAN RIDGE CHANNEL IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2488 - INDIAN RIDGE CHANNEL IMPROVEMENTS AWARDED TO SENECA CONTRACTING CORPORATION IN THE AMOUNT OF $177,570) WHEREAS, the City has sohcited, received and tabulated competitive bids for the construction of pubhc works or improvements m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the following competitive bids for the construction ofpubhc 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 hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER ~ AMOUNT 2488 SENECA CONTRACTING CORPORATION $177,570 ~ That the acceptance and approval of the above competitive bids shall not consUmte a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all reqmrements specffied in the Notice to Bidders including the timely execution of a written contract and furmshlng of performance and payment bonds, and insurance certfficate after notfficatlon of the award of the bid ~ That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved hereto, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and speeffieat~ons, standards, quantities and spemfied sums contained therein SECTION IV That upon acceptance and approval of the above competat, ve bads and the execution of contracts for the pubhc works and improvements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds m the manner and m the amount as spemfied ~n such approved b~ds and authorized contracts executed pursuant thereto S_F,.QT.!.Q]S~ That flus ordinance shall become effecuve lmmedaately upon ~ts passage and approval PASSED AND APPROVED thas the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2488 CONTRACTUAL ORDINANCE ] Agenda No .~d~.~.__.~ I AGENDA INFORMATION SHEET Agenda Item /n,~ AGENDA DATE' May 16, 2000 Questtons concerning this aequmt~on may be directed DEPARTMENT: Materials Management to Dave Hill 349-8314 ACM: Kathy DuBose, Fiscal and Munmlpal Servmes~7-~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the pnnting of the 1999- 2020 Denton Plan, providing for the expenditure of funds therefor, and providing an effective date (Bid 2508 - Pnntlng of Denton Plan awarded to McCord Pnntmg in the amount of $22,135) BID INFORMATION: This bid is for the pnntmg of 500 copies of the 1999-2020 Denton Plan with 208 pages, plus tabs, covers, and binding Included m the bid price are all setup charges, materials, supplies, and 15 day expedited pnntmg and delivery costs The documents will consist of 104 double-sided, four-color process pnnted pages, assembled and double-O wire bound RECOMMENDATION' We recoramend th~s bxd be awarded to the lowest bidder, McCord Pnntmg in the amount of $ 22,135 PRINCIPAL PLACE OF BUSINESS: Dallas, Texas ESTIMATED SCHEDULE OF PROJECT: Pnntlng of the 1999-2020 Denton Plan is scheduled for completion on or before May 31, 2000 FISCAL INFORMATION: Funding for this pnntmg project is available from 1999-2000 budget fund account (100-050- 0015-8502) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1385 AGENDA ATTACHMENT 1 B~d # 2508 Date 5/11/00 PRINTING OF THE DENTON PLAN N~I. QtY' J DESCRIPTION VENDOR VENDOR VENDOR VENDOR FJ Business McCord Precept Forms Pnnt~ng Slocum "~'I'IRCl )le Place of Business Arlington, TX Denton, TX Dallas, TX Dallas, TX 500 PRINTING OF THE1999- $ 42,886 $ 31,570 $ 22,135 $ 29,000 1 2020 DENTON PLAN NO BID Tattersall Pubhsh~ng, Dallas Offset ORDINANCE NO __ AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A CONTRACT FOR THE PRINTING OF THE 1999-2020 DENTON PLAN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2508 - PRINTING OF DENTON PLAN AWARDED TO MCCORD PRINTING IN THE AMOUNT OF $ 22,135) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bxds are the lowest responsible bids for the matenals, eqmpment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has prowded in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2508 McCord Pnntmg $ 22,135 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons subml~ng approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract wluch shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and m accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authonzod herein SECTION 5 That this ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s day of ,200.0 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2508 SUPPLY/SERVICES ORDINANCE Agenda Item_/.~ Oate V/~,/00 -- AGENDA ~FO~A~ON SHEET AGENDA DATE: May 16, 2000 DEPARTMENT: Parks and Recre~on Department ACM: Dave Hill ~ SUBJECT: Consider approval of a Resolution adopting the 2000 North Lakes Park Master Plan Update of the City of Denton, and providing an effective date Staff presented the new update of the North Lakes Park Master Plan to City Council on April 25, 2000 at the work session As noted at the work session, the proposed 2000 update of the North Lakes Master plan incorporates the existing facilities and lays plans for future developments in an orderly manner that is consistent vath Denton's growth, neighborhood compatlbdmes and the citizen's desires for new recreational facilities The updated plan provides for future expansion of the athletic field areas with 3 new football fields, relocation of a football Rugby field, more parking areas, new rest room/ concession facilities, trail extensions, as well as new entrance/exit roads to the existing parking lots OPTIONS: Adopt a resolution of support for the new North Lakes Park Master Plan whmh has been prepared as directed by the Council at their Aprd 25, 2000 work session RECOMMENDATION: It ~s recommended that the C~ty Council adopt a resolution supporting the 2000 North Lakes Park Master Plan ESTIMATED SCHEDULE OF PROJECT Not Applicable PRIOR ACTION/REVIEW: The City Council reviewed the proposed North Lakes Park Master Plan Update at the April 24, 2000 and directed staff to prepare a resolution of support FISCAL INFORMATION' Not Apphcable Respectfully submitted l~d Hodney, Director~ks and Recreat o RESOLUTION NO A RESOLUTION ADOPTING THE 2000 NORTH LAKES PARK MASTER PLAN UPDATE OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Parks and Recreation Department has prepared a 2000 North Lakes Park Master Plan Update, a copy of which is attached hereto and incorporated here~n by reference (the "Plan"), and WHEREAS, on March 23, 2000, the Parks and Recreation Board recommended approval of the Plan; and WHEREAS, the C~ty Council finds that the Plan is ~n the public interest and in the best ~nterests of the health, safety and general welfare of the cmzens of the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The City Council of the City of Denton, Texas hereby adopts the Plan SECTION 2 This resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED flus the __ day of ,2000 MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~~TORNEY BY v- ~/ 2 MA'~ ! I~ R Iq AN ¢'~,_N NORTH LAKES PARK AGENDA INFORMATION SHEET AGENDA DATE May 16, 2000 DEPARTMENT Utlhty Admunstrat~on ACM Howard Martin SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL- AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF THE SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE Bel A~r Development Ltd is developing Beverly Park Estates phase-II development south of Loop 288 and east of Sherman Drive The development needed an 8-1nch gravity sanitary sewer to serve the needs of the development The City requested to oversize the sewerlme on Manten Street to 15-tach and 12qnch with a 12qnch stub out at the north comer of the property on Sherman Drive (See Exhibit I) Thru w~ll enable any future developments to the north to have access to the C~ty of Denton gravity samtary sewer w~thout facmg capacity ~ssues Tlus project consists of 1,998 lmear feet of 12-mch and 208 lmear feet of 15qnch gravity samtary sewer The City's oversxze part~mpat~on cost ~s estimated at $9,648 86 OPTIONS: Funds are avmlable for the overs~zmg of the sewerhne Instalhng an 8qnch w~ll reqmre the City to mn a parallel sewerhne to th~s 8-meh sewerhne for any potential future growth RECOMMENDATIONS' The developer has submitted a request for overslz~ng partm~patlon based on the b~d prices provided,by the contractor (See Extub~t III) Th~s amount has been examined by the staff and found to ,be reasonable Staff recommends the City's part~mpatlon ~n the oversize agreement with the developer PRIOR ACTION/REVIEW (COUNCIL. Boards. Commissions] Recommended by PUB on February 21, 2000 FISCAL INFORMATION: There ~s $100,000 allocated m bond funds every fiscal year for the City participation m sewer oversize agreements When a developer extends or installs water or sewerhnes into an area, thc developer ~s reqtured by the C~ty's Code of Ordinance to ~nstall water and sewer lines of sufficient s~ze to service the new area A copy offue FY 2000 sheet ~s attached BID INFORMATION: None MAP. Exfublt I Respectfully submitted ~ss~stant Director of Wastewater Ut~htles Prepared by P S At'om Englneenng Admlmstrator Exhibit I Location Map Exhibit II Development Contract Exhibit III B~d Data Exhibit IV CIP Detoal Sheet 2 Beverly Paft~ Phase II - Ovar. lze Lines ~ t2 Inoh - 1,~8 Linear Feet CO CTNO THE STATE OF TEXAS § DEVELOP~IENT CON'i RACT COUNTY OF DENTON § ~]~REAS~ Bel A~r Development, LTD. Heremat~er referred to as "Owner", whose business address is 12225 Greenville Ave., Su~.te 118, Dallas, Texas 75243 is the owner of real property located m the corporate hrmm of the Cio of Denton, or its ex~atemton~d juns&ctmn, and WHEREAS, Owner v,'~shes to develop the property and such development must be performed m accordance wtth the apphcable ordinances of the Cio of Denton, herea~er referred to as "City", and WHEREAS, as a con&~on to the begunung o£consh-uctlon o£sa~d development, a development conwact m accordance vath Sec~on 212 071 of the Loc~ Government Code is reqmred to ensure that ~1 s~eets, water and sewer hnes, drainage facilities and other unpmvemen~ wbuch are to be dedicated to the public, here~er referred to as '~-nprovemen~", are consh-ucted m accordance w~th the CiD's speclficauons, standards and ordinances, and [select applicable provmon as £o~ows] [] WHEREAS, the Owner elec~ to cons~uct the knprovemen~ vathout conwacmug w~th another party as pnme conWactor, tn winch case the provisions oft~as conu'act wbach refer to "Owner" or "Con,actor" sh~l mean the Owner as named above, or Page 1 of 8 EXHIBIT II DEVELOP~ CONTR~ ~ [] W]:~REAS, the Owner elects to make such tmprovements herema.~er set forth by contractmgwlth Murray Construction Co., Inc. whoseb~smessaddresslS, 515 N. Kealy Ave., Lewlsvllle, Texas 75057 hereafter referred to as "Contractor", and WHEREAS, Owner and Con~'actor recogmze that the City has an interest m ensunng that the unprovements subject to flus agreement, wb2ch w~ll, upon completion and acceptance by the City, become pubhc property, are properly conslructed m accordance w~th the City's specifications and that payment ~s made therefor;, V~ITNESSETH AS to the Lrnprovements to be dechcated to the pubhc, as speclfied m Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at · Beverly Park Estates~ Phase II Denton, Texas the Owner, Contractor and City, m consideration ofthmr mutual prormses and covenants contained hereto, agree as follows 1 Cove.snts of Contractor Contractor agrees as follows (a) Specifications To cons~uct and mstsll the Improvements m accordance w~th the procedures, specifications and standards contained m D~v~slon II and H7 of the City's Standard Specifications for Public Construct~or~ North C~! T~8% as amended, and all add~ndum's thereto, and all other regulations, ordinances or specifications apphcable to such Improvem~ts, such spemfica~ons, standards, regula~ons and ordinances Page 2 of 8 Dk-VF/X)PM]ENT CONTR 'q" being expressly incorporated hereto by reference and being made a par~ of the agreement as though written hereto (b)Authority of C~tv Enmneer. Inspectmns, Tests and Orders O~,mer an,! Contractors Warranty That all work on the Improvements shall be performed m a good and workmanlike manner and to the satisfaction of the C:ty Engineer or bas representative The City Engineer shall dec,de all questions, wl~ch arise as to the quality and acceptab~hty of materials furmshed, work performed, and the interpretation of spe¢~ficatlons Guarantee for a period of one year from the date of final acceptance all work as called for m the spec~t:icat~on and contract documents to be flee fi.om defects m materials and workmansl~p Owner, contractor and theu' surety as the case may be shall remedy any such defects m materials and workmanst~p and pay for any damage to the work or to other work guarantee for a period of one year fi.om the date of ftnal acceptance all work as called for m the specification and contract documents to be flee from defects m materials and/or fa¢~ht:es which shall appear within one year fi.om the date of final completion and acceptance by the C~ty The Contractor shall furmsh the C~ty Engineer or bas representative with every reasonable fac:hty for ascertaining whether or not the work performed was m accordance vath the spec:ficat~ons apphcable thereto Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense The Owner, the Contractor and thou' surety on the performance bond shall and do hereby wawant and Page 3 of 8 DEVELOPIVflENTCONTRAC guarantee for a penod of one year from the,~te offirml acceptance all work as called for m the specification and contract documents to be ~ee from defects m materials and workmansNp Owner, Contractor and their surety as the case may be shall remedy any such defects m materials and workmansbap and pay for any damage to the work or to other work or fac~htms, wtuch shall appear w~tlun one year from the date of final acceptance by the City The C~ty Engineer or has dmgnee shall perform penodm mspecuons of the work and shall perfoma a final mspectmn prior to the work being turned over to the City and an mspectmn 30 days pnor to the expwaUon of one year from the date of final completion and acceptance of the work by the City Upon failure of the Contractor to allow for mspecUon, to test materials furrashed, to satisfactonly repair, remove or replace, if so du'ected, rejected, unauthortzed or eondernned work or materials, or to follow any other request or order of the City Engineer or h~s representatave, the City Enganeer shall not~fy the Owner of such failure and may suspend inspections of such work untal such failure Is rerneched If such failure is not rerneched to the saUsfacUon of the City Engineer, the City shall have no obhgatmn under flus agreement to approve or accept the unpmvements (c) Insurance To provide for insurance m accordance w~th the insurance reqturements apphcable to contractors as pmvaded for m Item 1 26 of Dlvmon I of the Standard Spee,~e.hons for Pubhc Works Construe~non, North Centre! Texas, as amended, the pmv~ons ofwbach are expressly incorporated hereto Page 4 of 8 DEVELOP~ CONTRA by reference, provided, however, for purpose of tlus provision only, "Owner", as used thereto, sl'mll mean the City of Denton (d) Means and Methods of Construction That the means and methods ofconstructmn shall be such as Contractor may choose, subject, however, to the C~ty's right to reject any Improvements for winch the means or method of const~'uct~on does not, m the judgment of the City Eng-meer, assure that the Improvements were constructed m accordance w~th City specificauons (e) Books and Records: Ail of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the mumc~pahty 2 Mutual Covenants of Owuer and Contractor Owner and Contractor mutually agree as follows (a) Performance Bonds That l£bmldmg pernuts are to be issued for the development prior to completion and acceptance of all mupmvements that are to be dedicated to the pubhc, the following security requu'ements shall apply 0) The Owner or Developer shall provide a performance bond m an amount not less than the amount necessary to complete the ~mpmvcments, as determined by the City Engineer, shall be subnutted guaranteeing the full and f~uthful completion of the Improvements meeting the specifications of the City, shall be m favor of the City, and shall be executed by a surety company authorized to do business m the State of Texas m accordance vath Chapter 2253 of the Texas Government Code The Owner and ~s Conl~'actor shall assign any and all n~ts m the bond to the City at the tune the m~provements are transferred to and accepted by the C~ty (n) If the cost of completing the ~rnprovernents at the nme building perrmts are issued Is an amount of $15,000 or less, as determined by the C~ty En~neer, cash money m the amount necessary to complete Page $ of 8 DEVELOPNfENT CONTRAC the n'nprovements, as determined by the City Engineer, may be deposited w~th a bank or escrow agent p~t to an escrow agreement ensuring completion of the ~nprovements w~thout exception, the City's escrow agreement £orm shall be used and the escrow agreement ~ rem~m m effect for one (1) yea~ fi'om the date of final ¢omple~on and acceptance of the work by the City Co) Retama~e Final Pavements. [This provmon (c) applies only where the Owner and Contractor are not the same party ] That as security for the fattkful completion of the Improvements, Contractor and Owner agrees that the Owner shall retain ten (10) percent of the total dollar amount o£the contract price until after final approval or acceptance of'the unprovements by the City The Owner shall thereat~er pay the Contractor the retamage, only a.f~er Contractor has furnished to the Owner satisfactory evidence including Owners afficlav~t that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or mackmery funushed for and used m the performance of the work have been pad or otherwise sa~sfled. (c) ~Encumbrances That upon completion and approval or acceptance of the Improvements of the City, the unprovements shall become the property of the City flee and clear of all hens, claims, charges or encumbrances o£any land If,, after acceptance of the Improvements, any clama, hen, charge or encumbrance ~s made, or found to exist, against the Improvements, or land dedicated to the City, to wlmch they are afl~xed, the Owner and Contractor shall upon not~ce by the City promptly cause such clann hen, charge or encumbrance to be sa~fied and released or promptly post a bond vath the Page 6 of 8 DEVELOP~ CONTRAC City m thc amount of such claun, hen, charge or encumbrance, m favor of thc C~ty, to ensure payment of such claLm, hen, charge or encumbrance (d) Indemnification. The Owner shall and hereby does mdemmfy, defend and save harmless, the C,ty, ~ts officers, agents and employees fi.om all stats, act,ohs or clams of any character, name and descnpuon brought for or on account of any m3unes or damages received as sustained by any person, persons or property on account of the operanons of the Contractor, Ins agents, employees or subcontractors, or on account of any neghgent act of fault of the Contractor, Ins agents, employees or subcontractors m construeUon of the muprovements, and shall pay eny3udgment, w~th costs, winch may be obtained against the C,ty growing out of such m3ury or damage (e) Aoreement Controll_q!!!~That the prows~on of tins agreement shall conlxol over any confhctmg provision of any contract between the Owner and Contractor as to the construeuon of the Improvements 3 Covenants of C~tv of Denton That, upon proper compleuon of the Improvements m accordance w~th ~s agreement, the C~ty agrees to accept the Improvements 4 Venue and Govern,ng Law. The pames hereto agree that tins contract shall be enforceable m Denton County, Texa% and fflegal acnon is necessary m connecUon therewith, exclus,ve venue shall he m Denton County, Texas The tcm~s and provmons of tins contract shall be comtrued m accordance w~th the laws and court deemons of the State of Texas Page 7 of 8 DEVELOPMAqVr CONiKACI 5 ~uccessor a~ This contract shall be binding upon and mm-: to the behest of the parties hereto, their respective successors and ass~.s Executed m mphcate ttus, .~ ~} ~,~ dayof ,19 q~ I~ h Pres,dent Development, LTD. Murray Construction Co., Inc. C~ OF DE~ON, ~ A~ST ~PRO~D ~ TO LEG~ FO~ ~T L PRO~, ~ Page 8 of 8 O CTNO -6q co cTNo BOND NO 31 -04151 PERFORNIANCE BOND ~ STATE OF TEXAS § KNOW ALL IvfEN BY TI-IESE PRESENTS COUNTY OF DENTON § That MURRAY CONSTRUCTION CO., INC 515 NORTH KEALY AVE., LEWISVILLE, TEXAS 75057 of DENTON County, Texas, heremm%erc~ledPnnclpaland FIRST COMMUNITY INSURANCE COMPANY a Corporation orgamzed under the laws of the State of NEW YORK and authorized to do business m the State of Texas, hereinafter called "Surety", are held and fm-nly bound unto the City of Denton, Texas, a Mummpal Corporatmn, m Denton County, Texas, herematler called "City" m the SEVEN HUNDRED NINETY TWO THOUSAND ONE HUNDRED SEVENTY NINE penal sum of AND 32/100 ......... ($792.179.32 ......... ) dollars, ]awf~l money of the Umted States, for the payment ofwlmch sum well and truly to be made we brad ourselves, our hew, executor% adrmms~tor% and successom, jomtly and severally, and fuTnIy by these presents TI-IE Concht~on of this Obhgat~on Is such that "6q-IEREAS, the Pnnclpal entered into a certain contract w~th Owner, dated ofwbach the City of Denton, Texas, has an mterest~ a copy ofw~ch m hereto attached and made a part hereof, for the cons~uchon of WATER~ SEWER & STORM FOR BEVERLY PARK ESTATES II Page 1 of 3 PERFOP, MANC~ BOND CITY OF DENTON DENTON COUNTY, TEXAS NOW, "Iqq~.llEFORE, if the Prlnclpal nh. Il wel]~ tnlly, and falthfully cause to be performed and fulfilled all of the undertakings, covenants, te~u~s, conchUous, and aD'ecments of smd ConUmct m accordance w~th the Plans, Spec,~cat~ons, and Contra~t Documents during the on,real tcLu~ thereof, and any extension thercofwhch may be D-anted. w~th or vathout not~ce to the surety, and dunng the hfe of any Dmranty r~ltared under the Contrm:t, winch is incorporated, as ff~vnttcn word for word hereto, and shall also well and truly cause to be perfofi~cd and fuLfilled all the covenants, tet'~s and condmons and a~'eernents of any and all authorized modifications of smd Contract that may herea/~er be made including, w~thout hrrntat~on, to rernedy and pay for any defects m matenal and worl~nansinp or damage to other work or faclh~es winch shall appear w~t.hm one year from the date of inal comple~on not~ce of winch mochficatlons to the surety being hereby waived, then tins obhgat~on shall be vmd, othervase to rernam m full force and effect PROVIDED, further, that ffany legal ashon be filed on tins bond, venue shall he m Denton County AND~ that smd Surety, for value received, hereby stipulates and a~'ecs that no change, extension oftune, alteration or adcht~on to the terms of the contract, or to the work performed thereunder, or the Plans, Spec~cat~on% Drawings, etc, a~companymg the same shall m any v~se a~ect ~ts obhga~on on flus bond, and ~t does hereby wmve nohce of any such change, exter~on of tune, altemhon or adchhon to the terms of the Contract, or to the work to be performed thereunder Page 2 of 3 BOND IN WITNESS WHEREOF, fires mstnm~em ~s executed m mphcme, each one of'wluch slmll be deemed an original, thru the .xfY day of'. ,1 ~. ~ PRINC~AL SURETY MUR. RAY CONSTRUCTION CO., INC. FIRST COMMUNITY INSURANCE COMPANY / / BY A~TORNEY-Rq~FACT CLEM F. LESCH ATTEST NOTE PO~VER OF ATTORNEY OF SURETY 5TUST BE ATTACI{ED. DATE OF BOND 5173ST NOT BE PR/OR TO DATE OF CONTRACT DATE OF PO%VER OF ATTORNEy. CERTIFICATION 5~JST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. Page 3 of 3 COm ACTNO BOND NO. 31-04151 PAYNIENT BOND THE STATE OF TE~S CO~ OF DE~ON ~OW ~L ~N BY THESE P~SENTS ~at MURRAY CONSTRUCTION CO.~ INC. of~hoC~of LEWISVILLE Coun~ of DENTON , ~d ~h~ Stato of TEXAS ~pnnc~pa~,~d FIRST COMMUNITY INSURANCE COMPANY authonz=d ~d=r ~h~ laws of th= Stato ofT~x~ ~o ac~ ~ s=oty on bonds for pnnc~pals, =~ h~]d ~d ~lybound ~zo CITY OF DENTON SEVEN HUNDRED NINETY TWO THOUSAND ONE HUNDRED SEVENTY O~R,m~=p~nals~ofNiNE AND 32/100---doH~s($792,179.32 ........ ) for ~e pa~ent whereo~ the said Pnnc~pal ~d S~e~ bind themselves ~d thmr heirs, adm~ms~atom, executors, successors ~d ~m~s, ~omtly ~d severally, by these presents I~,E~AS, ~he Pnnmpal h~ entered into a certain ~en con,act ~th the Owner, day of, , 19 ~ WATERe SEWER ~ STORM FOR BEVERLY PARK ESTATES CITY OF DENTON~ DENTON COUNTY~ TEXAS to w~ch con~a~ ~s hereby refe~ed to ~d made a p~ hereof ~ ~lly ~d to ~e s~e extent ~f cop~ed at len~ hereto NOW, HE~FO~, M CO~ITION OF ~S OBLIGATION IS SUCH, ~fthe said Pnn~pal shall pay all clmm~ts suppl~ng labor ~d material to ~ or a subcon~actor PAYMElCT BOND m the prosecution of the work provided for m said contract, then ti~s obhgat~on shall be void, otherwise to remain ~n full force and effect, PROVIDED, HOWEVER, that ttus bond ~s executed pursuant to the provisions of the Texas Govemment Code, Chapter 2253 (Vernon, as currently amended), and all habflmes on flus bond shall be determ,ned in accordance with said prowslons to the same extent as If they were cop~ed at length hereto Surety, for value received, stipulates and agrees that no change, extension of tn'ne, alteration or addition to the terms of the contract, or'to the work performed thereunder, oYthe plans, specifications, or drawings accompanying the same, shall in any way affect its obhgation on this bond, and ~t does hereby wave notice of any such change, extension of time, alteration or add,uon to the terms of the contract, or to the work to be performed thereunder Page 2 of 3 BOND IN %VIT1VESS WHEREOF, the smd Prmclpal and Surety have signed and sealed tlus ns ent s dayof MURRAY CONSTRUCTION CO.~ INC. FIRST COMMUNITY INSURANCE COMPANY PRINC~AL SURETY B ~ BY . '/ // CLEM F. LESCH TITLE ~ TITLE ATTORNEY-IN-FACT ADDRESS 515 NORTH KEALY AVE. ADDRESS P. o. BOX 1150 LEWISVILLEt TEXAS 75057 LEWISVILLE, TEXAS 75057 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is PCL CONTRACT BONDING AGENCY 206 ELM ST.t #105, LEWISVILLE, TX 75057 Page 3 of 3 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance' P. O. Box 149104 Austin, TX 78714-9104 FAX ~(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premlun or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P wer of Attorney 31- 04151 KNOW ALL IviEIq BY THESI~ PRESF. I'4TS That Ftrst Community Insurance Company, a ~.orperetton created by m~d emstmg under the laws of the State of New York having its pnncipal office in the C~ty of Bedford, New York, does hereby nonunate, con.~mute and appoint: Pauline L Leseh, Clem F Lesch, Gary Matule, and/or Steven J Zlneeker of the C~ty of l,,~wi~vllh. , p~Iton County, State of Texas , each its true and lawful, Attorney-m-Fact, w~th full power and authority co'erred upon ~um to slg~, execute, acknowledge and deliver for a~d on as beef as Surety as Rs act and deed, any bond, undertaLmg, consent or ag~'eement, not exceedm$ .~.-. um ..... , vy~aa r~... ~ rr, a r~e) w~ch this Company may be authorized to write The F~rst Commuraty Insurance Company further certfl~es that the following is a true and correct ~.opy ot Article VI, Section 4 ot il~. By-Laws duly adopted and now m force, to wit SECTION 4, AUTHORIZED SIGNATURES All deeds, bonds, mortgages, contracts, and other instruments requmng a seal, and al~ endorsements, a~lgnmants, transfers, stock powers, bond powers or other instruments ot transfer of securities sta. ndmg m the name of the Corporauon, and ail proxies to vote upon or consents with respect to shares of stock o~ other comparues standing in the name of the Corporation may be signed or executed by the ~an of the Board or by the President or by any other othcer authorized to sign such mstrumbnt by the Chmrman of the Board or by the President or by the Board of Directors IN W~S WHF~'tEOF, the First Commumty insurance Company has caused these presents t be signed by ~ts,P~sldent Commie ~hxed by ,ts S~t~y t~, 1st day o~ ~ 19 97 G ~stm Delco, ~et~y David ~ M~ ~s~dent ~s Pow~ of Atto~y ~a aided ~d ~ed by fa~e und~ ~d by the au~onty of t~ follow~ng Resolu~on adopted by the Bo~d of D~tors of ~e F~rst Co~umty ~u~ce Comply at its mont~y m~Ung held m Au~st 1994 ~L~ that the sl~atures of the P~aident ~d ~e S~ ~d the Se~ of the Co~omhon ma~ be ~fixed to ~y Pow~ of A[tor~y or ~y cat~fied copy ~f or ~y ce~l~tlon ~la~ng ~e~to, by facsi~le Pow~ of Attorney or ~y ~rtlhed copy ~e~f, or ~y eareffl~Ron misting thereto being su~ [a~le sl~tures or fa~e ~ s~ be v~td ~d binding u~n the ~r~UOR m ~e future with msp~t to bonds, unde~n~, ~o~ce or con~s of md~ty to w~ a is atta~ed STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared DAVID IC MEEHAN and G KRISTIN DELANO who acl~owledged ther~alvee to be the President and Secretary of F~ret Commumty Insurance Company, a New York corporation, and thev as such President and Secretary bmng authozazed to do so, executed the foregoing instrument Itor the purposes thereto contmned by the name ot the corporation by themselves as President and Secretary, and that smd secretary affixed thereto the ~eal ot the corporeaon and attested to the execution of the foregoing instrument IN WITNESS ~OF, I hereunto set my hand and seal tJus 1st day of [ulv ,19 97 I,k, aq, l~el~c S~a~F~ , ,-- _ ./ _ _ _"_ My Comzrussion .Expir N~ C¢ ~0 _ . _ I, the ~derel~ed, S~et~y of First Co~ty ~ce Comply do he,by cerUfy t~t the on~n~ Power ot Attorney, ot w~ch the foregoing Is a full, t~e ~d corr~t copy, la m full force ~d etf~t ~ /G~stm gel~o, ~e~y 02,17,99 15 59 FAI: 214 989 2530 A0~-DALLAS TX 2711 ~. ~askell Ave.~800 ~8 , AL~A ~ CO~A~E AFFO.D~ (214)98~-0000 ~(21A)98~.2~0 ~p~y __ =~ A Travelers ~lozds Ins. Co. ~15 ~o. EealM Avenue · ~ewxsville~ TX 7SO~ ~ ~' ~ ~ Travelers Ind~i~y of ..... , . ~,~ ., D Travelers ~%l~.~¥~,~,~{~d,,,,~4~:~,,~,~,~,~,~v~;,~,~,~,~ ........ ~ .........,....~..,. ,~,.. ~d~, Co. of CT C~,~re ~v aa ,~ue~'~'~~,~..~~ ~ ~Y C~T O~ ~ O ~r ~TH 07/31/99~ ~F~ 07/31/98 07/31/99 ~ 07/31/99 , Phase II. Denton. TX. Certificate Holder is n~e~ Insured on all ~olic~es. Waiver o~ S~rogab=on applies in o~ Cer~ifica~e Holder A~Cn~ Dave Sa~on 221 N. E~ / ~_~v~~ 0e~ton TX 76201 ~ ~ TM ~ ~ ~ Page One of Three Pages THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON Th~s agreement made th~s day and entered into by and between Bel Air DeveloDment, LTD. party of the f~rst part, hereinafter referred to as "Owner", and Murray Construction Co , Inc party of the second part, hereinafter referred to as "Contractor" WITNESSETH Contractor agrees to furnish all labor, materials, tools, and necessary equipment for the installat~on of the hereinafter described work in accordance with plans and specifications approved by the City of Denton said work to be done under the supervision of the City of Denton and per plans and specifications furnished at time of bid submittal on SeDtember 16, 1998 and more specifically titled, Beverly Park Estates, Phase II, Denton, Texas The location of said installation to be made is as follows: A 27.873 acre Darcel of land out of the Samuel McCracken Survey Abstract Number 708, Denton County, Texas and beinq Dart of ~ 94.061 acre Darcel of land as transferred to Bel Air DeveloDment, LTD.. on Auqust 11, 1997, beinq more Darticularly described am follows. The Do~nt of beqlnninq ls half ~nch ~ron rod set to mar~ the northmost corner of Cambridqe Square Subdivision, an addition to the City of Denton as recorded in Volume 4, Da~e 38 of the Plat Records of Denton County, Texas (PRDCT), belnq the west most corner of the Darcel herein described and be~n~ ~n the east lin, of the 90 deqree right-of-way for Sherman Dr~ve The owner shall have the right to d~rect that sa~d ~nstallat~on be made in conformity w~th the layout, plans, and specifications approved and inspected by the City of Denton The Owner will not reduce the scope of any portion of the installation w~thout the written consent of the engineer GBW Engineers, Inc and the City of Denton. Page Two of Three Pages Owner agrees to pay to the Contractor for sa~d work the sum of $ 792.179.32 Seven Hundred Ninet~ Two Thousand One Hundred Sevent~ Nine ~ollars and Thart¥ Two Cent~ to be paad on a unit price basis, since all quantities have been estimated. This contract provides that at is a unit price contract with payments to be made on the actual measured quantities of work completed and at the unit prices as shown by the attached Unit Prace Contract Schedule Exhabit A SEE ATTACHED UNIT PRICE CONTRACT Sc~RDULE EXHIBIT A Owner has informed Contractor that a loan for full funding of the contract is in place at First State Bank of Texas. In the event that rock is encountered that can not be excavated, in our opinaon, by the equipment on the ]ob, the additaonal cost of explosives, dralling, equipment, and superintendance will be added to the contract at our cost. On the last day of each month partaal estamates shall be prepared including all of the completed work plus all of the material on hand for the uncompleted portion and shall be paid in full, less 10% retainage, not later that the tenth (10) day of the following month Final estimates shall be prepared immediately upon completion of the work and shall be paid includzng retainage within (10) days of receipt. All estmmates not receaved on tame (due date) shall bear interest from due date until date received at twelve (12%) per annum. It is agreed by both parties to thzs agreement that any and all costs of litigation to obtain monies due the contractor shall be at the expense of the Owner. This contract is also based on all engineering, grades, easements, and ala~%uments being furnished by the owner, together w~th all necessary permits and fees from the City, County, State or other anterested parties Also all excess dart from all excavation under this contract shall be disposed of on the site. All items of construction under this contract with all appurtenances shall be installed and completed before any other utalities either underground or overhead are installed Page Three of Three Pages Owner and Contractor state this is a separated contract and it is hereby understood that the owner/developer intends to donate all street and alley right-of-way to the City of Denton. The City of Denton intends to accept the property and material before the subdivision is incorporated into the City or used by the contractor or the developer. In testimony whereof Bel Air DeveloDmento LTD., Owner and Murray Construction Co., Inc., Contractor, hereby bind themselves, their heirs, successors, assigns and representatives for the full performance of the terms and provisions of the contract, jointly and severally. EXECUTED this 18~h day of Februar~ 1999. BEL AIR DEVELOPMENT, LTD. MURRAY CONSTRUCTION, CO., INC. c/o M.T.A. A TEX-KS LTD. PARTNERSHIP 515 N. KEALY AVE. BY BEL AIR HONES, INC. LEWISVILLE, TEXAS 75057 ITS GENERAL PARTNER 972-436-4566 1~,25 GREENVILLE AVE., STE. 118 972-219-0019 ~,~, TEXAS 75243 \ Patricia Di~mon April Adams Witness Witness EXHIBIT "A" Unit Bid Price Schedule DATE September 16, 1998 ~ TO Bel A~r Development ~ CONSTRUCTION 815 NO KEALY AVE c/o GBW Engineers, Inc (~O.,, IN(. LEWISVILLE, TEXAS 75057 V~a- FAX 972-840-2156 (972) 436-4566 FAX (972) 219-0019 Desc of Work Water, Sewer & Storm Engineer G B W Location Beverly Park Estates Ir Specs The C~ty of Denton, Tx Denton, Texas Job No Beverly 11 UNIT EXTENDED ITEM DES UNIT PRICE PRICE 1 15" SDR-35 PVC SANITARY 208 I f $ 26 12 $ 5,432 96 2 12" SDR-35 PVC SANITARY 1998 I f $ 22 27 $ 44,495 46 3 8"SDR-35PVCSANITARY 1709 if $ 1425 $ 24,35325 4 STD SAN SEWER MANHOLE 15 ea$ 1,550 00 $ 23,250 00 5 5'DIAM MANHOLE 1 ea$ 3,725 00 $ 3,72500 6 CLEANOUTS 1 ea$ 335 00 $ 335 00 7 4" SDR-35 PVC SERVICES 81 ea$ 330 00 $ 26,730 00 8 CONNECT TO EXISTING SEWER 1 ea$ 400 00 $ 400 00 9 TEST 3915 If $ 200 $ 7,83000 10 CONCRETE ENCASEMENT 30 I f $ 30 00 $ 900 00 11 TRENCH SAFETY 3915 If $ 100 $ 3,91500 SUB-TOTAL SANITARY $ 141,366 67 12 16" DR18 PVC WATER MAIN 710 If $ 3442 $ 24,43820 13 8" DR-18 PVC WATER MAIN 4056 If $ 11 75 $ 47,65800 14 6" DR-18 PVC WATER MAIN 535 I f $ 10 25 $ 5,483 75 15 16" MJ GATE VALVE 2 ea$ 3,25000 $ 6,50000 16 8" GATE VALVE & BOX 14 ea$ 59500 $ 8,33000 17 6" MJ GATE VALVE 2 ea$ 44000 $ 88000 18 6" MJF GATE VALVE 6 ea$ 45000 $ 2,70000 19 FIRE HYDRANTS 6 ea $ 1,61000 $ 9,66000 20 I" WATER SERVICE 81 ea$ 36000 $ 29,16000 21 2" BLOW OFF VALVE 2 ea$ 1,10000 $ 220000 22 CAST IRON FITTINGS 2 3 tons $ 2,800 00 $ 6 440 00 23 CONNECTTO EXISTING WATER 2 ea $ 400 00 $ 800 00 24 TEST 5301 If $ 050 $ 2,650 50 25 TRENCH SAFETY 5301 I f $ 0 25 $ 1,325 25 SUB-TOTAL WATER $ 148,225 70 26 72"CLASSlIIRCP 265 If $ 15955 $ 4228075 27 60" CLASS III RCP 263 If $ 11760 $ 30,92880 28 54" CLASS III RCP 128 I f $ '102 50 $ 13,120 00 29 39"CLASSlIIRCP 217 If $ 6510 $ 14,12670 30 27"CLASSIlIRCP 199 If $ 3710 $ 7,38290 31 24" CLASS III RCP 40 I f $ 32 30 $ 1,292 00 32 21" CLASS III RCP 148 I f $ 29 25 $ 4,329 00 33 18"CLASSIlIRCP 120 If $ 2700 $ 3,24000 34 8X6 BOX CULVERT 513 If $ 29500 $ 151,33500 35 DBL 9X7 BOX CULVERT 49 I f $ 765 00 $ 37,485 00 36 JUNCTION BOX 7X7 1 ea $ 7,250 00 $ 7,250 00 2/17/99 1 Of 2 ~ ~ DESCRIPTION I QUANTiTYJ UNiTI UNIT PRICE I EXTENDEDPRICE 37 REMOVE EXIST HDWL 1 ea$ 450 00 $ 450 00 38 TYPE"B" HDWL 8X6 I ea$ 2,82000 $ 2,82000 39 TYPE"B" HDWL 60" 1 ea$ 2,880 00 $ 2,880 00 40 TYPE "B" HDWL 72" 1 ea $ 3,780 00 $ 3,780 00 41 HDWL FOR 9X7 BOX 1 ea$ 8,060 00 $ 8,060 00 42 TRANS BOX 1 ea$ 6,850 00 $ 6,85000 43 41HDWL39" 1 ea $ 1,11000 $ 1,11000 44 4 1 HDWL27" 1 ea$ 720 00 $ 72000 45 GRADE TO DRAIN 1105 If $ 400 $ 4,42000 46 5' DIAM MANHOLE 2 ea$ 2,250 00 $ 4,50000 47 CONCRETE PILOT CHANEL 22650 s f $ 3 90 $ 88,335 00 48 CONC TRANS BOX TO PILOT 666 s f $ 3 90 $ 2,597 40 49 CONC TRANS END OF PILOT 360 s f $ 3 90 $ 1,404 00 50 CONC CHANNEL LINING 1600 sf $ 390 $ 6,24000 51 10' STD CURB INLET 5 ea$ 2,34000 $ 11,70000 52 8' STD CURB INLET 3 ea $ 2,10000 $ 6,30000 53 6' STD CURS INLET 1 ea $ 1,920 00 $ 1,920 00 54 14' STD CURB INLET 1 ea$ 2,76000 $ 2,76000 55 20' STD CURS INLET 2 ea$ 3,240 00 $ 6,480 00 56 WYE CONNECTIONS 6 ea $ 150 00 $ 90000 57 GROUTEDRIP-RAP 365 sy $ 3200 $ 11,68000 58 TRENCH SAFETY 1991 I f $ 0 50 $ 995 50 59 HYDROMULCH &WATER 7597 sy $ 170 $ 12,91490 SUB-TOTAL STORM $ 502,586 95 ~TOTAL INCLUDING DENTON BONDS $ 792,179 32 ~ NOTES A We w~ll require s~xty five (65) working days to substanbal completion B We wdl require fifteen (15) worklng days to final complebon C This proposal Is subject to a mutually agreeable start date D We do not ~nclude sod, seed, hydromulch, inspection fees, perm;ts, ems;on control dewces, staking, surveying, street sub*grade verification or certification, materials testing, proctors, stab;kzed construction entrance, haul offslte of excess materials from the excavation (~t w;ll be deposited in the area back of the curb to the lot building line), alley leaveout at curb ~nlets m alley, ROW cleanng & hauling of any kind, sales tax, or a second TV of the samtary mares E. This proposal is not offered for acceptance unless the streets are concrete paving. F We do not include excavabon for the p~lot channel other than t~nal minor grades G Hydromulch (~tem #59) can be accompkshed for $0 62 dollars ~f watenng ~s dona by others H. Either all or a portion of the hlqhll;hted Items could be deleted and don~ ~/b~hers 2/17/99 2 Of 2 27Z~ ~. Haake~ Ave.~800 LB~8 Ho~ER ~;S CS.~;~ DOSS NOT Da~ZAs, ~ 75204 ~L~R ~E COVE~AOE A~ORDeO nY ~e ~S n~OW (2Z4) 989-0000 ~(2~4) 989-2580 COMPANIES A~RDING COVERA~ ' A Travelers ~ Ins Co MUrray Construction Co., Inc. c0~ 515 No. Kealy Avenue --~ Travelers I~d~!t~Co' Lewisv~lle, TX 75057 c~m~ ~ Travelers Ind~l=y of A.,er~ca T ~E POUCI~ OF INSU~CE US~ 8ELOW HAVE 8~ INOICA~ NO~ST~O;NG ~y ~EOUIREMENT ~ OR ISSUED ~O ~E INSURED NAM~ ASOVE ~ ~E ~U~ ~lOO CONO;~ON OF ~y CON.C; OR O~E~ O~U~ Wl~ RESPECT TO C~FI~ MAY 8E I~UE0 OR MAY P~TA;N ~E INSU~CE ~RD~ BY ~E POUCI~ D~CR;SED HER~N IS SU~EcT TO A~ A 3T~2~D1~T.2 C~o CAP-2~DI~ 07/31/98 07/31/99~ applies in zavor of Certificate ~-~ mu~zcxes. Wazver of · 'u--=e= ~ee reverse side of this cer~A~ for City of Denton ~v,~~ Dave Salmon Denton TX 76201 ' ~ · ACORQ 19~8 PROJ TITLE (Gl O~ ERSIZE SE~A ERLI%ES [STI~,IATED COST St00 lc 1000) GROt P ~SSIG%~IE~T I [Net *,IBIL~%C[$ C s,~tl E\P£%DITt RES BO%D RE~ ~IC OTHER TOTAL BO%D RE~ ~IC OTHER TOTAL TOTAL IST ~ R Sl00 S0 S0 ~0 SI00 SI00 50 S0 S0 Sl~ TOTAL 2% O ~ R S0 S0 S0 S0 ~0 S0 S0 S0 S0 S0 TOTAL ~RD ~ R S0 S0 S0 S0 S0 S0 S0 S0 S0 S0 G~%D TOTAL Sl~ S0 S0 S0 SI~ Sl~ S0 S0 S0 Sl~ E%Ct &IBR~NCE D~TES Encumbered as s~nt PHASE D~TE ~lOt NT O~ECT ~ Geee~l PurchMe Geee~l Purch~e Im~noa Conslructlon ~s spent SI00 9138 EXHIBIT IV ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WI-I_EREAS, the City desires to participate in the cost of overslzlng sewer mmns to be designed, installed, and constructed by Bel Par Development Ltd m an amount not to exceed Nme Thousand Six Hundred Forty Six Dollars and Eighty S~x Cents ($9,646 86), m accordance with §34.118(b)(2) of the Code of Ordinances of the City of Demon, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS _~ That the City Manager ~s authonzed to execute a Sewer Mare Cost Participation Agreement Between the C~ty of Denton and Bel par Development Ltd for the overslzmg of apprommately 1998 hnear feet of twelve (12'') ~nch and approximately 208 hnear feet of fifteen (15") inch gravity samtary sewer mare, from eight (8'') tach grawty samtary sewer line, substantaally m the form of the attached Agreement, which ~s incorporated herewath and made a part of tins ordinance for all purposes, subject to Bel par Development Ltd entenng ~nto a Development Contract with the City of Denton, ~n accordance w~th Chapter 34 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager ~s hereby anthonzed to make the expenditures as set forth m the attached Agreement S]ECTION 3 That ttus ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED ttus the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~ats\Ordmances'x00\Sewer Main Cost Partlc~p Agrmt Bel A~r Develop Ltd ord doc THE sTATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD WHEREAS, Bel Air Development Ltd hereafter referred to as "Developer", whose business address ~s 12225 Greenville Avenue, State 118, Dallas, Texas 75243 wishes to develop and improve certain real property named "BEVERLY PARK ESTATES PHASE-II" (as shown m Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extratemtonal juns&ction, and is mqmred to promde such real property w~th adequate sewer service by deslgmng, constructing, extending, and mstallmg a gravity samtary sewer line of an inside thameter of eight roches (8"), hereafter referred to as the "Reqmred Faclht~es", and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "City, in accordance with its ordinances, wishes to participate in the cost of the construction and installation of smd sewer mare to provide for an "oversized" sewer main to expand its utility system and to insure adequate utility service to other customers, NOW, THEREFORE, m consideration of the mutual promises and covenants contmned herein the Developer and the City AGREE as follows 1 Developer shall design, install, and construct approximately 1,998 linear feet of twelve (12") inch and 208 linear feet of fifteen (15'3 inch gravity sanitary sewer mmns and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities Tlus Development Contract is attached hereto as Exhibit II and incorporated herein by reference This Agreement is subject to and governed by smd Development Contract and any other applicable ordinances of the City of Denton, Texas 3 Prior to begmmng of construction of the Oversized Facilities, Developer shall obtmn, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtmn such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any easements for the Oversized Famhtles obtmned by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facthtles, and Developer warrants clear title to such easements and will defend City agmnst any adverse clmm made against such title 4 City's share in the cost of the Oversized Facthtles Based upon the difference in the cost oflnstalhng Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determmed by City, shall be an an amount not to exceed Nme Thousand Slx Hundred Forty Slx Dollars and Eighty Slx Cents ($9,646 86) City may elect one of the following methods to determme City's share of the cost a) Developer shall prepare plans and specfficataons and furnish them to City City shall competitively bad the reqmred line and the Oversized Facilities in accordance with Chapter 252 of the Texas Local Government Code The difference m the bads shall be used to determine the City's share, subject to City's maxammn partampation an cost as speeffied an this Agreement, or b) Developer shall prepare plans and specifications and take bids on the reqmred line and the Oversized Facilities City shall pay Developer the least amount of the following (1) The thfference an the bads for the required hne and the Oversized Facihtles, or (2) Participation by the City at a level not to exceed One Hundred percent (100%) of the total cost for any overmzang of improvements required by the City, ~ncludang, but not hmated to increased capamty of improvements to antmlpate other future development in the area, all as prowded for ~n §212 072(b) of the Texas Local Government Code, as amended, or (3) $9,646 86, the maximum participation cost allowed hereto The City shall not, in any case, be liable for any additional cost because of delays in begxnning, contmmng, or completing construction, changes in the price or cost of materials, supphes, or labor, unforeseen or unanticipated cost because of topography, soft, subsurface, or other site cond~tmns, differences m the calculated and actual per hnear feet of pipe or materials needed for the Oversized Facilities, Developer s demsaon as to the contractors or subcontractors used to perform the work, or any other reason or cause, speeffied or unspecified, relating to the construction of the Oversized Faellitms 5 The City will make monthly payments for its share of the Oversized Faclhtles The Developer shall submit monthly pay requests on forms prowded by the City The Developer's engineer shall verify that each pay request is correct Each pay request, along with the engineers verification, shall be submitted to the Engmeenng & Transportation Department of the City The City wall retmn 10% of the total dollar amount until the project as accepted Payment by the City to the Developer will be made within tturty (30) days of receipt of the pay estimate and the engineer's verification 6 To determine the actual cost of the Oversized Facilities, City shall have the right to ~nspect any and all records of Developer, has agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities 7 All notices, payments or commumcations to be given or made pursuant to this Agreement by the part,es hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Utilities for City at the address given above 2 8' Developer shall mdemmfy and hold City harmless t~om any and all clams, damages, loss or habflity of any kmd whatsoever, by reason of injury to property or person occasioned by any act or omassion, neglect or wrongdomg of Developer, its officers, agents, employees, invitees, contractors or other persons w~th regard to the performance of th~s Agreement, and Developer shall, at ItS own cost and expense, defend and protect City aganst any and all such clams and demands 9 If Developer does not beg~n substantial constnact~on of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate 10 This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conchtaons or obhgat~ons other than those contaned or incorporated here~n This Agreement shall supersede all prewous communications, representations or agreements, whether verbal or written, between the parties hereto w~th respect to the subject matter of thts Agreement 11 Th~s Agreement shall not be assigned by Developer without the express written consem of the City 12 Any and all suits for any breach of this Agreement, or any other suit pertamng to or arising out of this Agreement, shall be brought In a court of competent jtmsdmtlon ~n Denton County, Texas This Agreement shall be governed by and construed ~n accordance with the laws of the State of Texas EXECUTED in duplicate ongmal counterparts by the duly-authorized officials and officers of the City and the Developer, on fins the. _ day of ., 2000 CITY OF DENTON, TEXAS A Texas Municipal Corporation By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" BEL Alt ~EVELOPMENT LTD By ~ ~ ~ ATTEST S \Our Document$\Contracts\00\Sewet Main Cost Pa~clp Agrmt Bel Att Develop Ltd doe AOendaltem.,, 16- AGENDA INFORMATION SHEET AGENDA DATE May 16, 2000 DEPARTMENT Utility Admtmstrat~on ACM Howard Martin, 349-8232 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL- AIR DEVELOPMENT LIMITED FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATERMAINS IN ACCORDANCE WITH THE TERMS AND CONDITIONS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKG O.R__Q_U2~LD_ Bel Air Ltd is developing Beverly Park Estates phase II property east of Sherman Drive and south of Loop - 288 (See Exhibit I) City of Denton Water D~stnbutlon System Master Plan shows a 16-tach water hne along Sherman Drtve The development needed an 8-tach waterline The City requested the developer to oversize approximately 565 linear feet of on-s~te and approximately 143 linear feet of offslte waterline from 8-tach to 16-meh and provide a stub out at the north comer of the property on Sherman Drive (See Exhibit I) Any future development will connect to this 16-meh stub out without facing capacity ~ssues The City's parhe~patlon in the oversize oftfus waterhne is for an estimated amount of $22,088 61 OPTIONS: Funds are available for the overslzmg of the waterhne Installing 8-tach waterline would hmlt the service area and will require the City to mn a parallel waterline to the 8-~nch waterhne for any potential future growth RECOMMENDATIONS. The developer has submatted a request for overslzmg participation based on the bid prices provided by the contractor (See Exhibit III) Th~s amount has been examined by the staff and found to be reasonable Staff recommends City's participation an oversize agreement vath the developer PRIOR ACTION/REVIEW (COUNCIL. Boards. Commissions): Recommended by PUB on February 21, 2000 FISCAL INFORMATION' There is $100,000 allocated m bond funds every fiscal year for the City partimpat~on m waterhne oversize agreement When a developer extends or installs water or sewer hnes into an area, the developer is reqmred by the City's Code of Ordinance to install water and sewer lines of sufficient size to service the new area A copy of the FY 2000 sheet is attached BID IN~ None Exhibit I Respectfully submitted Assistant Director of Water Utilities Prepared by P S Arora Englneenng Administrator Exhibit I Location Map Exhibit II Development Contract Exhibit III Bid Data Exhibit IV FY 2000 CIP Detail Sheet 2 Bevedy Perk Phase II - t6 Inch Water Line ~On-Glte - 565 Linear Feet Off-81te - t43 Linear Feet Property Pamels COm'P CT O /'130 ~ STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON § ~r~EREAS, Bel Air Development, LTD. Hereinafter referred to as"Owner", w'nose 't~usmess --aadress m 12225 Greenville Ave., Suite 118, Dallas, Texas 75243 m the owner of real property located m the corporate In-mm of the C~ty of Denton, or ~ts extratemtonal junschctlon, and WHEREAS, Owner wishes to develop the property and such development must be performed m accordance with the apphcable ordinances of the City of Denton, hereafter referred to as "C~ty", and WHEREAS, as a concht~on to the begtrmmg of conslructmn of smd development, a developmmt contract m accordance with Secuon 212 071 of the Local Government Code m reqmred to ensure that all streets, water and sewer hnes, drainage facflmes and other m~pmvements which are to be dedicated to the pubhc, hereafter referred to as "Improvements", are conslructed m accordance Wl ~ th the C~ty s specifications, standards and ordinances, and [select apphcable pmws~on as follows] [] WHEREAS, the Owner elects to construct the Improvements w~thout contracting with another party as prime contractor, m whtch case the pmvmlons of this contract which refer to "OwnS' or "Contractor" shall mean the Owner as named above, or Page I of 8 EXHIBIT Il DEV~LOP~ CONTR3 ~ [] V~i~EAS, the Owner elects ~o make such ~mprovern~nts h~remafler set forth by contmc~ngvath Murray Constructxon Co., Inc. whoseb~messaddresslS 515 N. Kealy Ave., Lewxsv~lle, Texas 75057 herea~er refe~ed to ss "Con~ctor", and WHEREAS, Owner and Contractor reeogmze that the C~ty has an interest m ensuring that the improvements subject to tlus agreement, wtuch will, upon completmn and acceptance by the C~ty, become pubhc property, are properly constructed m accordance w~th the C~ty's specfficatmns and that payment ~s made therefor;, WITNESSETH AS to the u'aprovements to be dechcated to the pubhc, ss specified m Extab~t A, attached hereto and incorporated by reference, to be installed and conslructed at Beverly Park Estatesr Phase t'r Dentont Tex&s the Owner, ConTractor and Czty, m conmderatmn ofthetr mutual prormses and covenants contained hereto, agree as follows 1 Covenants of ConWactor. Contractor agrees ss follows (a) S~emficatmns To consl~'uct and install the Improvements m accordance w~th the procedures, spec~¢atmm and standards contained m D~wsmn 13' and fl7 of the C~tv's Standard S~ec~¢atmns for Pubhc Works Constructmn. North Central Texan ss amended, and all addendum's thereto, and all other regulatmns, ordinances or speczficatmns apphoable to such Improvements, ~uch spec~6c~ons, standards, regulatmns and ordinances Page 2 of 8 DEVELOPlVI]/NT CONTR ~T being expressly incorporated hereto by reference and being made a pan of the agreement as though written hereto Co) Authority of C~tv Enmneer, Inspections, Tests and Orders Owner and Contractors Warranty. That all work on the Improvements shall be performed m a good and workmanlike manner and to the saUsfaeuon of the C~ty Engineer or Ins representauve The C~ty Engineer shall decide all questions, winch arise as to the quahty and acceptablhty of materials furmshed, work performed, and the mterpretatmn ofspec~ficanons Guarantee for a period &one year from the date &final acceptance all work as called for tn the specification and conlract documents to be flee from defects tn materials and workmansinp Owner, contractor and then' surety as the case may be shall remedy any such defects tn materials and workmansinp and pay for any damage to the work or to other work guarantee for a period &one year from the date of final acceptance all work as called for tn the specificataon and contract documents to be flee fi.om defects m materials and/or fac~ht~es winch shall appear w~thm one year fi.om the date of final completmn and acceptance by the C~ty The ConWaetor shall furmsh the City Engineer or bas representaUve w~th every reasonable facihty for ascertaining whether or not the work performed was m accordance vath the specifications applicable thereto Any work done or materials used wathout suitable mspecuon by the City may be ordered removed and replaced at Contractor's expense The Owner, the ConUaetor and their surety on the performance bond shall and do hereby warrant and Page 3 of 8 D]~V~LOPlVl]~NT CONTRAC guarantee for a penod of one year from the date of final acceptance all work as called for m the speciflcauon and contract documents to be flee from defects m matenals and workmans}ap Owner, Contractor and their surety as the case may be shall remedy any such defects m materials and workmansinp and pay for any damage to the work or to other work or faclht, es, winch shall appear within one year from the date of final acceptance by the C,ty The City Engineer or Ins dmgnee shall perform penochc inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days prior to the expu'ation of one year from the date of final complenon and acceptance of the work by the C,ty Upon fmlure of the Contractor to allow for inspection, to test materials furmshed, to satisfactorily repair, remove or replace, ,fso chrected, rejected, unauthonzed or condemned work or matenals, or to follow any other request or order of the City Engineer or Ins representative, the C,ty Engineer shall not, fy the Owner of such fa,lure and may suspend mspecnons of such work untal such fa,lure remeched If such fa,lure m not remedued to the satisfaction of the Engineer, the City shall have no obhgat~on under tins agreement to approve or accept the tmprovements (c) Insurance To provide for insurance m accordance with the insurance reqmrements apphcable to contractors as prowded for m Item 1 26 I of the Standard Snec,fications for Pubhc Works Construction. North Cemm] Texas, as amended, the provmons ofwluch are expressly incorporated hereto Page 4 of 8 DL:5;ELOP~ COI~'iKA by reference, provided, however, for purpose ofttus pmwmon only, "Owner", as used thereto, shall mean the City of Denton (d) Means and Methods of Construction That thc means and methods of construction shall be such as Contractor may choose, sub3ect, however, to the Cay's right to reject any Improvements for wtuch the means or method of constructmn does not, m the judgment of the City Engineer, assure that the Improvements were constructed m accordance w~th City specificatmns (e) Books and Records All of the Owner's and the Contractor's books and other records related to the project shall be available for mspect~on by the mumclpahty 2 Mutual Covenants of Owner and Contractor Owner and Contractor mutually agree as follows (a) Performance Bonds That if building pernuts are to be issued for the development prior to completion and acceptance of all anprovements that are to be de&eared to the pubhc, the following security requirements shall apply (0 The Owner or Developer shall provide a performance bond m an amount not less than the amount necessary to complete the unpmvements, as detemuned by the City Engineer, shall be subrmtted guaranteeing the full and faithful completaon of the/rnpmvements meeting the speclficatmns of the City, shall be m favor of the City, and shall be executed by a surety company anthonzed to do busmess m the State of Texas m accordance w~th Chapter 2253 of the Texas Government Code The Owner and has Contractor shall assign any and all nghts m the bond to the City at the tune the rmprovernents are ~'ansferred to and accepted by the City 0O If the cost of complemag the a'npmvements at the tune btuldmg perrmts are issued Is an amount of $15,000 or less, as determined by the City Engineer, cash money m the amount necessary to complete Page 5 of 8 DEVELOP~ CONTRAC the improvements, as detain,ned by the City Engineer, may be deposited vnth a bank or escrow agent pursuant to an escrow agreement emunng complel~on of the tmprovements w~thout excepf~on, the City's escrow agreement form shall be used and the escrow agreement shall remain m effect for one (I) year from the date of final completion and acceptance of the work by the City (b) Retamaee' Final Pavements [Tbas provision (c) applies only where the Owner and Contractor are not the same party ] That as security for the fa~th_tul completion of the Improvements, Contractor and Owner agrees that the Owner shall retain ten (10) percent of the total dollar amount of the contract pnce until after final approval or acceptance of the improvements by the City The Owner shall thereafter pay the Coniractor the retamage, only after Con~ractor has furmshed to the Owner satisfactory evidence including Owners affidavit that all indebtedness has been pa~d, that all indebtedness connected vath the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furmshed for and used m the performance o£the work have been prod or otherwise satisfied. (c) Encumbrances That upon compleUon and approval or acceptance of the Improvements of the City, the waprovements shall become the property of the City free and clear of all hens, clamas, charges or encumbrances of any land If,, after acceptance of the Improvements, any clan'n, hen, charge or encumbrance is made, or found to erast, against the Improvements, or land dechcated to the Qty, to wtuch they are a/Taxed, the Owner and Contractor shall upon not,ce by the City pwmptly cause such clarm hen, charge or encumbrance to be sa~fied and released or promptly post a bond w~th the Page 6 of 8 DEVELOPIVI~2qT CONTRAC C~ty m the amount of such claret, hen, charge or encumbrance, m favor of the C~ty, to ensure payment of such clann, hen, charge or encumbrance (d) Indemnification The Owner shall and hereby does mdermufy, defend and save harmless, the C~ty, its officers, agents and employees from all stuts, actaons or clanns of any character, name and descnpnon brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the eperat~ons of the Contractor, bas agents, employees or subcontractors, or on account of any neghgent act of fault of the Contractor, bas agents, employees or subcontractors m constructmn of the maprovements, and shall pay anyjudgrnent, w~th costs, which may be obtained against the C~ty growing out of such injury or damage (e) A reement Co olhn . That the pmv~s~on of flus agreement shall contro! over any conflicting pmv~s~on of any contract between the Owner and Contractor as to the constructaon of the Improvements 3 Covenants of City of Denton. That, upon proper compleUon of the Improvements m accordance w~th flus agreement, the C~ty agrees to accept the Improvements 4 Venue and Governing Law The parUes hereto agree that flus contract shall be enforceable m Denton County, Texas, and fflegal actmn is necessary m connectmn therewith, exclns~ve venue shall he m Denton County, Texas The t~m~s and provisions of flus contract shall be construed m accordance w~th the laws and court deelsmns of the State of Texas Page 7 of 8 DEVELOPMENT CONTRACT Successor and Ass,~ns. This contract shall be binding upon and inure to the benefit of the parties hereto, thetr r~spect~ve successors and assigns President Bel ~if Development, LTD. Murray Construction Co., Inc. CrrY OF DENTON, TEXAS ATTEST APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 8 of 8 PROJECT NO BOND NO 31-04151 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY Tt~SE PRESENTS COUNTY OF DENTON § That MURRAY CONSTRUCTION CO., INC 515 NORTH KEALY AVE., LEWISVILLE, TEXAS 75057 of DENTON County, Texas, herema.fierc~ledPnnc~p~and FIRST COMMUNITY INSURANCE COMPANY a Corporation orgamzed under the laws of the State of NEW YORK and author=ed to do business m the State of Texas, heremaf[er called "Surety", are held and firmly bound unto the City of Denton, Texa% a Murnmpa] Corporation, m Denton County, Texa% herematler called "Cml' m the SEVEN HUNDRED NINETY TWO THOUSAND ONE HUNDRED SEVENTY NINE pen~l sum of AND 3 2 / 1 0 0 ......... ($ 7 9 2,1 7 9.3 2 ......... ) dollars, lawful money of the Umted States, for the payment ofwluch sum well and truly to be made we brad ourselves, our hen's, executors, adrmms~'ator% and -~uecessom, jomtly and severally, and firmly by these presents TI{E Cona,t, on of tiros Obhgahon ~s SUCh that WI{EREAS, the Prmcxpal entered into a certam con~ract w~th Owner, dated ofwhxch the C~ty of Denton, Texas, has an mteres~ a copy ofwtuch m hereto attached and made a part hereof, for the constmct~on of WATER~ SEWER & STORM FOR BEVERLY PARK ESTATES II Page 1 of 3 PERFORiMANCI~ BOND CITY OF DENTON DENTON COUNTY, TEXAS NOW, T]q"~.REFORE, If~he Principal .~b2~l we~ ~y, ~d fm~y ca~e to be p~o~ed ~d ~Hed ~ of~e ~d~, cov~, t~u~, con~Uo~, md a~ of smd Con.ct m accor~c~ ~ ~e PI~, Spec~ca~o~, ~d Con~t Doc~ d~g ~e once te~ul ~ereof, ~d ~y e~on ~fw~ch may b~ ~te~ ~ or ~out no~ce ~o ~e s~e~, ~d d~E ~c hfe of ~y ~W r~ed ~der ~e Con~ w~ch is mco~omte~ m ~ word for word hereto, ~d shEl Eso well ~d ~ly ca~e to be p~o~ ~d ~Hed E1 ~e coven~m, t=~m ~d con&t~om md a~e~m of~y ~d ~ au~o~ mo~ca~om of smd Con.ct ~at may here~ be made including, ~out ~m~o% to r~edy ~d pay for my defecm m maten~ ~d wor~hp or ~sge to o~ work or f~hh~ whch s~ appe~ ~ one ye~ ~m ~e ~te of~ comple~on nohce ofw~ch mo~ficat~om to ~e ~U being h~eby wmved, ~en ~s obhga~on s~l be void, o~se to ~ m ~ force md eff~t PRO~ED, ~er, ~at ffmy leg~ ~non be filed on ~s bon~ v~ue shall he m Denton Co~u ~, ~at smd S~eU, for v~u: ~e~v~ h~eby s~p~ates md a~ees ~at no chmge, emerson of me, ~t~hon or M&hon to ~ tem~ of~e con~c~ or to ~e work p~o~ · ~e~d~, or ~ PI~, SpecEcaho~, ~gs, etc, ~compm~g ~e s~e sh~ m my ~se ~t ~m obhga~on on ~s bon~ ~d ~t do~ h~by wmve nohce of my such ch~ge, ~on of me, dt~on or M&~on to ~e tex'u~ of~e Con~ or to ~e work to be p~o~ ~e~der Page 2 of 3 PERPOPJv~CE BOND IN WTrNESS VFI-IEREOF, t/us lnslnanent ~s executed m tnphcate, e~ch one of which shall be deemed au ongmal, fins the. /'~'~ day of, ,19 ~ PRINCIPAL SURETY MURRAY CONSTRUCTION CO., INC. FIRST COMMUNITY INSURANCE COMPANY / / ATTORNEY-IN-FACT CLEM F. LESCH AT'lEST ~E~TARY ~ NOTE: POWER OF ATrORNE¥ OF SURETY MUST BE AT~ACHED. DATE OF BOND NIUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POVFER OF ATi'ORNEY. CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. Page 3 of 3 CO CTNO BOND NO. 31-04151 PAYMENT BOND STATE OF TE~S CO~ OF DB~ON kq~OW ALL MEN BY THESE PRESENTS That MURRAY CONSTRUCTION CO , INC. oftheCltyof LEWISVILLE County of DENTON , and the State of TEXAS as pnnclpal, and FIRST COMMUNITY INSURANCE COMPANY authorized under the lasvs of the State of Texas to act as surety on bonds for pnncipals, are held and firmly bound unto cITy OF DENTON SEVEN HUNDRED NINETY TWO THOUSAND ONE HUNDRED SEVENTY OV~N'ER, in the penal sum of NINE AND 3 2 /1 0 0--- dollars ($ 7 9 2,1 7 9.3 2 ........ for the payment whereof, the said Pnnclpal and Surety bxnd themselves and their he~rs, adm~mstrators, executors, successors and assigns, jointly and severally, by these presents WHEREAS, the Pnnc~pal has entered rote a certain written contract w~th the Owner, dated the ~?~x day of , 19 WATERf SEWER & STORM FOR BEVERLY PARK ESTATES II CITY OF DENTON, DENTON COUNTY, TEXAS to winch contract is hereby referred to and made a part hereof as fully and to the same extent as If cop~ed at length hereto NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that ~fthe smd Pnnc[pal shall pay all clmmants supplying labor and material to hun or a subcontractor PAY/V[ENT BOND m the prosecution of the work prov,ded for m said contract, then flus obligation shall be void, otherwise to remmn m full force and effect, PROVIDED, I-IOV~EVER, that flus bond ~s executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all habihties on tbas bond shall be determined in accordance with said provisions to the same extent as If they were cop~ed at length herein Surety, for value received, stipulates and agrees that no change, extension of tune, alteranon or addition to the terms of the contract, or'to the work performed thereunder, plans, specifications, or drawings accompanying the same, shall ~n any way affect ~ts obl,gation on this bond, and It does hereby waive notice of any such change, extension of t~me, alteranon or addition to the terms of the contract, or to the work to be performed thereunder Page 2 of 3 PAY~ BOND IN WITNESS WI-IEREOF, the smd Pnnc~pal and Surety have signed and sealed th~s day of ./~~ 19 qq Instrument MURRAY CONSTRUCTION CO.t INC FIRST COMMUNITY INSURANCE COMPANY PRINC~AL SURETY CLEM F. LESCH TITLE. f TITL~ ATTORNEY-IN-FACT ADDRESS 515 NORTH KEALY AVE. ADDRESS P. O. BOX 1150 LEWISVILLE~ TEXAS 75057 LEWISVILLE, TEXAS 75057 (SE L) (SE ) The name and address of the Resident Agent of S~ety is _.pCL CONTRACT BONDING AGENCY 206 ELM ST.~ #105, LEWISVILLE, TX 75057 Page 3 of 3 IMPORTANT NOTICE To obtaln information or make a complaint: You may contact the Texas Department of Insurance to obtain l~formatlon ox companies, coverages, rights or complaints at. 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premlu~ or about a claim you should contact the agent or the company f~rst. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: Thls notice ls for information only and does not become a part or condition of the attached document. P 'wer of Attorney 31- 04151 KNOW a, LL Ivfl/N BY THESE PRESKNTS That First Commumty Insurance Company, a ~.orporeuan created by and existing under the laws of the State of New York having its pnnclpai ol:fice m the C~ty of Bedford, New York, does hereby nominate, cort~tltute and appoint: Pauline L. Leseh, Clem F. Leseh, Gary Matula, and/or Steveu J Ziueeker of :he City ol: ! ~wl.v,ll. , ~Deo~ton County, State of Texas , each its true and lawful, Attorney-m-Fact, with full power and authority corian'ed upon ~um to sign, execute, acknowledge and deliver for and on behalf aa Surety as its act and deed, any bond, underta~an~ consent or agreement, not exceeding 'r~A u,,,,....d vY,,ao n.a.~, ~ ~ wiuch th~s Company may be authorized to write Tile First Community Insurance Company further certtiies that the followm§ is a true and correct copy of Article VI, Section 4 at the By-Laws duly adopted and now m iorce, to wit SECTION 4, AUTHOR]ZED SIGNATLTR.F~ All deeds, bonds, mortgages, contracts, and other instruments reqmnng a se, I, a~d ail endorsements, eem~nents, b'ansfere, stock powere, bond powers or other instruments ot traz~fer of secunbes standing m the name o~ the Corporauon, and all proxms to vote upon or consents with respect to shares of stock of other comparues standin~ m the name of the Corporation may be signed or executed by the Chau"man of the Board or by the President or by any other officer authorized to sl~n auch mstrumbnt by the Chmrman of the Board or by the President or by the Board of Directors ~T WlTNF..SS WH]LREOF, the First Commumty Insurance Company has caused these presents t~be sig~ed by lts,P~sulent and ~ts Corporate ~te-~e affixed by its Secretary ti'ua 1st day of Tulv , 19 97 / G ~-~stin Delano, See. rotary David K M~el~m, Pres{dent Tlus Power of Attorney la stgned and sealed by facairmle under and by the authonty of the following Reso[uUon ;~opted by the Board of Directors of the First Com. mumty b~suraace Company at its monthly meeting held in August 3.994 RESOL~, that the siguatures of the President and the Secretary and the Seal of the Corporation may be athxed to a_ny Power of Attorney or arty certified copy thereof or any certification relating thereto, by ~acstnule and any Power of Attorney or any certified copy thereof, or any certification relatins thereto beamns such tecsmule si6zmturee or facsinula seal shall be valid and binding upon the Corporation m the future with respect to any bonds, underialtinSs, recognizance or contzacts of mdemmty to which it is attached STATE OF FLORIDA ) COUNTY OF PIN'/~LAS ) BEFOI~ ~ the undersigned authority, personally appeared DAI/ZD K. lvI.E~HAN and G KRLSTIN DELANO who acknowledged themselves to be the President attd Secretary of First Commumty ~nsurance Company, a New York corporation, and they as such President and Secretary being authorized to do so, executed the foregoing instrument for the purposes therein contained by slgum§ the name ot the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal ot the corporation and attested to the execution of the foregoing tnstrument INWrrNP. SSWH]~REOF, Ihemuntosetmyhaadandseelt~us 15~ dayof [uj? ,19 97 No~y P~c ' - I, t~ ~dersi~d, S~e~ of F~at ~ty ~co Comfy do ~y cerU~y t~t t~ o~ Power ot Attorney, o~ wh~d% the iomgo~g ~s a full, ~e ~d corr~t copy, ts ~ ~11 fore ~d eti~t ~ W~S W~OP~I~ve hero.to sub--bed my ~ as S~~m the~omte se~ of ~ Cor~mtion t~s /G~st~ Del~, S~et~y 02,17,99 18 59 FAX 214 989 2530 AON-DALLA$ TX ~00~/~03 HO~ ~J5 C~A~ DO~ NOT AMEND. ~ND OR 2715 ~. ~ske~L Ave.~800 ~8 . ~L~. ~e cow~oe ~oRo~ sy ~e ~ BELOW (214) 989-0000 ~(21~)989.2580 ~ __ ~ A Travelers ~lo~d~ Z~. CO. Murray Cons=~==~on Co., Inc. ~ Travelers ~,~. 515 No. Keal~ Av~ue ~ewi~ville, TX 7~057 G Travelers ~er~ca ~ ~rs Co. of CT I ' JDT :~ ~1~4 07/31/ 07/31/99 ~ 07/~ ~/9~ s,~ ~~ ~,~,~ ~F~ ~ 07/31/98 07/31/99 ~~ 07/31/98 s, Phase IZ, Denton, TX. Certi£ica~e Holder ~s ~med & Ineu~ed o~ &11 ~ollc~es. W&zver o~ Subrogation applies ~n Cer=l£~oaCe Hol~er. 221 N. Elm De~ol~ TX 76201 Page One of Three Pages THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON This agreement made this day and entered ~nto by and between Bel Air DeveloPment, LTD. party of the flrst part, hereinafter referred to as "Owner", and Murray Construction Co., Inc party of the second part, hereinafter referred to as "Contractor" WITNESSETH Contractor agrees to furnish all labor, materials, tools, and necessary equipment for the installat~on of the hereinafter described work in accordance with plans and specifications approved by the C~tv of Denton said work to be done under the supervision of the City of Denton and per plans and specifications furnished at time of bad submittal on SeDtember 16, 1998 and more specifically titled, Beverly Park Estates, Phase II, Denton, Texas. The location of said installation to be made is as follows. A 27 873 acre parcel of land out of the Samuel McCracken Survey Abstract Number 708, Denton County, Texas and beina Dart of a 94 061 acre parcel of land as transferred to Bel Air DeveloDment, LTD on Au=ust 11, 1997, beinq more Dart~cularly described as follows~ The Dolnt of beainninq is half ~nch iron rod set to mark the northmost corner of Ca~bridqe Square Subd=v~sion, an addition to the City of Denton as recorded in Volume 4, Daqe 38 of the Plat Records of Denton County, Texas (PRDCT), be~n~ the west most corner of the parcel herein described and bein~ in the east line of the 90 de~ree r£=ht-of-wa¥ for Sherman Dr~ve. The owner shall have the right to d~rect that sa~d ~nstallation be made in conformity with the layout, plans, and specifications approved and inspected by the City of Denton. The Owner will not reduce the scope of any portion of the installation without the written consent of the engineer GBW Enaineers. Inc. and the City of Denton~ Page Two of Three Pages Owner agrees to pay to the Contractor for said work the sum of $ 792,179.32 Seven Hundred Ninety Two Thousand One Hundred Seventy Nine Dollars and Thlrt¥ Two Cent~ to be pa~d on a unit price basis, since all quantities have been estimated Th~s contract provides that at is a unit price contract w~th payments to be made on the actual measured quantlt~es of work completed and at the unit prices as shown by the attached Unit Price Contract Schedule Exhibit A. SEE ATTACHED UNIT PRICE CONTRACT SChedULE EXHIBIT ~ Owner has info=med Contractor that a loan for full funding of the contract is in place at First State Bank of Texas. In the event that rock is encountered that can not be excavated, in our opinion, by the equipment on the job, the additional cost of explosives, drilling, equipment, and superlntendance will be added to the contract at our cost. On the last day of each month part~al estimates shall be prepared including all of the completed work plus all of the material on hand for the uncompleted portion and shall be paid in full, less 10% retainage, not later that the tenth (10) day of the following month Final estimates shall be prepared immediately upon completion of the work and shall be paid ~ncluding retainage within (10) days of receipt. Ail estimates not received on t/me (due date) shall bear interest from due date until date received at twelve (12%) per annum. It is agreed by both parties to this agreement that any and all costs of litigation to obtain monies due the contractor shall be at the expense of the Owner. This contract is also based on all engineering, grades, easements, and alignments being furnished by the owner, together with all necessary permits and fees from the City, County, State or other interested parties. Also all excess dirt from all excavation under this contract shall be disposed of on the site. All items of construction under this contract with all appurtenances shall be installed and completed before any other utilities either underground or overhead are installed. Page Three of Three Pages Owner and Contractor state this is a separated contract and it is hereby understood that the owner/developer intends to donate all street and alley right-of-way to the City of Denton. The City of Denton lntends to accept the property and material before the subdivision is incorporated into the City or used by the contractor or the developer. In testimony whereof Bel Air DeveloPment, LTD., Owner and Murray Construction Co., Inc., Contractor, hereby bind themselves, their heirs, successors, assigns and representatives for the full performance of the terms and provisions of the contract, Jointly and severally. EXECUTED this 18t~ day of February 1999. BEL AIR DEVELOPMENT, LTD. MURRAY CONSTRUCTION, CO., INC. c/o M.T.A. A TEXAS LTD. PARTNERSHIP 515 N. KEALY AVE. BY BEL AIR HONES, INC. LEWISVILLE, TEXAS 75057 ITS GENERAL PARTNER 972-436-4566 ,S25 GREENVILLE AVE., STE. 118 972-219-0019 M. ~ ' vi~deh { vOliver H. ~ur~y- Patricia Diamon April Adams Witness Witness EXHIBIT "A" Unit Bid Price Schedule DATE September 16, 1998 ~ TO Bel Air Development ~"~ CONSTRUCTION 515 NO KEALY AVE c/o GBW Engineers, Inc CO.. INC. LEWISVILLE, TEXAS 75057 Via- FAX 972-840-2156 (972) 436-4566 FAX (972) 219-0019 Desc of Work Water. Sewer & Storm Engineer G BW Location Beverly Park Estates II Specs The City of Denton, Tx Denton, Texas Job No Beverly 11 IITEM, , DESCRIPTION I QUANTITYI UNIT I UNIT PRICE I EXTENDEDPRICE 1 15"SDR-35PVCSANITARY 208 if $ 2612 $ 5,43296 2 12"SDR-35PVCSANITARY 1998 If $ 2227 $ 44,49546 3 8" CDR-35 PVC SANITARY 1709 I f $ 14 25 $ 24,353 25 4 STD SAN SEWER MANHOLE 15 ea$ 1,55000 $ 23,25000 5 5' DIAM MANHOLE 1 ea$ 3,725 00 $ 3,725 00 6 CLEANOUTS 1 ea$ 335 00 $ 33500 7 4" SDR-35 PVC SERVICES 81 ea$ 330 00 $ 26,730 00 8 CONNECT TO EXISTING SEWER 1 ea$ 400 O0 $ 400 00 9 TEST 3915 if $ 200 $ 7,83000 10 CONCRETE ENCASEMENT 30 I f $ 30 00 $ 900 00 11 TRENCH SAFETY 3915 If $ 100 $ 3,91500 SUB-TOTAL SANITARY $ 141,366 67 12 16" DR-18 PVC WATER MAIN 710 If $ 3442 $ 24.43820 13 8" DR-18 PVC WATER MAIN 4056 If $ 11 75 $ 47,65800 14 6" DR-18 PVC WATER MAIN 535 If $ 1025 $ 5,48375 15 16" MJ GATE VALVE 2 ea $ 3,250 O0 $ 6,500 00 16 8" GATE VALVE & BOX 14 ea$ 59500 $ 8,33000 17 6" MJ GATE VALVE 2 ea$ 440 00 $ 880 00 18 6" MJF GATE VALVE 6 ea$ 45000 $ 2,70000 19 FIRE HYDRANTS 6 ea$ 1,61000 $ 9,66000 20 I" WATER SERVICE 81 ea$ 36000 $ 29,16000 21 2" BLOW OFF VALVE 2 ea$ 1,10000 $ 2,20000 22 CASTIRON FITTINGS 2 3 tons $ 2,800 00 $ 6,440 00 23 CONNECT TO EXISTING WATER 2 ea$ 400 00 $ 800 00 24 TEST 5301 I f $ 0 50 $ 2,650 50 25 TRENCH SAFETY 5301 I f $ 0 25 $ 1,325 25 SUB-TOTAL WATER $ t48,225 70 26 72"CLASSIlIRCP 265 If $ 15955 $ 42,28075 27 60" CLASS III RCP 263 If $ 11760 $ 30,92880 28 54" CLASS I11RCP 128 I f $ 102 50 $ 13,120 00 29 39"CLASSlIIRCP 217 If $ 6510 $ 14,12670 30 27" CLASS III RCP 199 If $ 3710 $ 7,38290 31 24" CLASS III RCP 40 I f $ 32 30 $ 1,292 00 32 21" CLASS III RCP 148 I f $ 29 25 $ 4,329 00 33 18" CLASS III RCP 120 If $ 2700 $ 3,24000 34 8X6 BOX CULVERT 513 If $ 29500 $ 151,33500 35 DBL 9X7 BOX CULVERT 49 I f $ 765 00 $ 37,485 00 36 JUNCTION BOX 7X7 I ea$ 7,250 00 $ 7,250 00 2/17/99 1 Of 2 ~ ~ DESCRIPTION I QUANTiTYI UNiTI PRICE I UNIT EXTENDED PRICE I 37 REMOVE EXIST HDWL 1 ea$ 450 00 $ 460 00 38 TYPE "B" HDWL 8X6 1 ea$ 2.820 00 $ 2,820 00 39 TYPE"B" HDWL 60" 1 ea$ 2,880 00 $ 2,880 00 40 TYPE "B" HDWL 72" I ea$ 3,780 00 $ 3,780 00 41 HDWL FOR 9X7 BOX 1 ea$ 8,060 00 $ 8,060 00 42 TRANS BOX 1 ea$ 6,85000 $ 6,85000 43 41HDWL39" 1 ea$ 1,11000 $ 1,11000 44 4 1 HDWL 27" 1 ea$ 720 00 $ 720 00 45 GRADE TO DRAIN 1105 If $ 400 $ 4.42000 45 5'DIAM. MANHOLE 2 ea$ 2,250 00 $ 4,500 00 47 CONCRETE PILOT CHANEL 22650 s f $ 3 90 $ 88,335 00 48 CONC TRANS BOXTOPILOT 666 sf $ 390 $ 2.59740 49 CONC TRANS END OF PILOT 360 s f $ 3 90 $ 1,404 00 50 CONC CHANNEL LINING 1600 s f $ 3 90 $ 6,24000 51 10' STD CURB INLET 5 ea$ 2,340 00 $ 11,700 00 52 8' STD CURB INLET 3 ea$ 2,100 00 $ 6,300 00 53 6' STD CURB iNLET 1 ea$ 1,920 00 $ 1.920 00 54 14' STD CURB INLET I ea$ 2,760 00 $ 2,760 00 55 20' STD CURB INLET 2 ea$ 3,240 00 $ 6,480 00 56 WYECONNECTIONS 6 ea$ 15000 $ 90000 57 GROUTEDRIP-RAP 365 sy $ 3200 $ 11,68000 58 TRENCH SAFETY 1991 I f $ 0 50 $ 995 50 59 HYDROMULCH &WATER 7597 sy $ 170 $ 12,91490 SUB.TOTAL STORM $ 502,586 95 ~TOTAL INCLUDING DENTON BONDS $ 792,179 32 NOTES A We w~ll require s~xty five (65) working days to substantial completion B We will require fifteen (15) working days to final completion C Th~s proposal ~s subJect to a mutually agreeable start date D We do not include sod, seed, hydromulch, mspecfion fees, permits, erosion control devices, staking, surveying, street sub-grade venficat~on or certification, matanals testing, proctors, stabilized construcbon entrance, haul offs~ta of excess materials from the excavation (~t will be deposited in the area back of the curb to the lot building I~ne), alley leaveout at curb inlets m alley, ROW cleanng & hauling of any kind. sales tax, or a second TV of the sanitary mains E, This proposal Is not offered for acceptance unless the streets are concrete paving. F Wa do not include excavation for the pilot channel other than final minor grades G Hydromulch (~tem #59) can be accomplished for $0 62 dollars if watering ~s done by others H. Elth~ r all or a portion of the hlllhllflhted Items could be deleted end done ~ ~ers 2/17/99 2 Of 2 "~ ~"~,-. "' - ............ " ~/ 8/~c Ao~ R~8~ Se~oeg o~ Texaa ~ ONLY AND CON.RS ~ RI~ U~N ~ ~--- ON 27Z1 ~. E~akeZZ A~e.~800 ~B~8 ~a~Zaa, ~ 75204 (254) 989-0000 ~(22&) 989-2580 ~ C~M~ANIES ~.DfNO C0~AM ~ X Travelers Li~ Ins Co. Murray Const~c=ion Co. Inc. , ~ Travelers In~-~;ty Co. 515 No. Kealy Avenue Lewisv~lle, TX 750~7 Travelers Tn4~lty of ~er~ca COV~RAe~ ~ ~ ~ Travelers Ind~ Co. of CT ~ ~s~ ~DT~2~D187.2 ~ ~ i ~ ~cu~c~ C __~o 07/31/98 07/31/9~ :~;~;~.~u~,T ~ ~,~,~ D ~ UM~F~ I I omm ~ uM F~ ~,~ ~, X. _ C.ertific_ate. Holder es, Phase II, Denton T aPPlies in f~-~i_=T~*~__'~_~.~.~ .m%~ po~caes, waiver o S~ro ion for Ctt~ of Denton ~~~~ A~n: Dave Sa~on 221 N. E~ Den=on TX 76201 o z EXHIBIT III PROJ TITLE (G) OVERSIZE WATERLINES ESTIMATED COST $100 (x 1000) GROUP ASSIGNMENT 8 DESCRIPTION Money allocated to pay the difference in construction cost of increasing a waterline size from the minimum required design size indicated in the subdivision regulations to a larger diameter line size needed in the future for incrsaeed growth in an undeveloped ares and comply with Master Plan PURPOSE Subdivision regulations apecih/the minimum required waterline for new development based on proleoted usage of a newly platted area During Development Rewew, the City will agree to pay for addthonsi coats to increase the Devaioper's minimum required waterhne a~ze to meet mcrsased demand for water clue to future growth of new subdivisions and businesses an undeveloped area ENCUMBRANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR S100 $0 S0 $0 S100 $100 $0 S0 $0 $100 TOTAL 2N0 YR $0 S0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 S0 $0 $0 $0 $0 $0 S0 $0 $0 GRAND TOTAL $100 $0 $0 $0 $100 $100 S0 $0 $0 S100 ENCUMBRANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT ~t General Purchase General Purchase Inspection Construction AB SPENT S100 9138 M~ecallaneoua ENCUMBRANCE TOTAL $100 COMMENTS 7/23/99136 EXHIBIT IV ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City desires to participate ~n the cost of overs~zmg water mains to be des~gaed, installed, and constructed by Bel A~r Development Ltd m an amount not to exceed Twenty Two Thousand Eighty Eight Dollars and Sixty One Cents ($22,088 61), ~n accordance w~th §34.118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s authorized to execute a Water Mmn Cost Partlcipat~on Agreement Between the C~ty of Denton and Bel A~r Development Ltd, for the oversiz~ng of approximately $65 hnear feet of on-s~te, and approximately 143 hnear feet of off- site waterline from eight (8") inch water main to s~xteen (16") tach water main, and to provide a stub-out at the North comer of the subject property on Sherman Drive, substantially in the form of the attached Agreement, which ~s incorporated herewith and made a part of thru ordinance for all purposes, subject to Bel A~r Development Ltd, entenng into a Development Contract with the City of Denton, m accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager ~s hereby anthonzed to make the expenditures as set forth in the attached Agreement SECTION 3 That th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordm ances~00\Water Main Cost Partt¢lp Agrmt-Bel Air Develop L~d doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD WHEREAS, Bel A~r Development Ltd hermnafter referred to as "Developer", whose bumness address m 12225 Greenwlle Avenue, State 118, Dallas, Texas 75243 washes to develop and Improve certmn real property named "BEVERLY PARK ESTATES PHASE-II" (as shown ~n Exbablt I, attached hereto and tacorporated herem by reference), located in the C~ty of Denton, Texas or ~ts extratemtonal jurisdiction, and ~s reqmred to provade such real property with adequate collectmn capamty by demgntag, constructing and lnstalhng a water lane of an anmde d~ameter of eaght anches (8"), heretaafter referred to as the "Required Facilities", and WHEREAS, the City of Denton, Texas, a Munxclpal Corporation wth as offices located at 215 East McKanney, Denton, Texas 76201, hereafter referred to as the "C~ty, an accordance with ~ts ordinances, wishes to part~mpate in the cost of the construction and installation of smd water mmn to prowde for an "oversized" water main to expand ~ts utility system and insure adequate utthty service to other customers, NOW, THEREFORE, ~n consideration of the mutual promises and covenants contained hereto the Developer and the City AGREE as follows 1 Developer shall demgn, install, and construct approximately 565 hnear feet of on-sate and approximately 143 hnear feet of off-site sixteen (16") anch water hnes, together with a stub-out at the North comer of the subject property on Sherman Drive, and all necessary appurtenances thereto, hereafter referred to as the "Overmzed Facilities" as shown on Exhibit I, attached hereto and ancorporated hereto by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter Into a Development Contract pnor to beglntang of construction of the Overmzed Famht~es This Development Contract m attached hereto as Exhibit II and incorporated herein by reference This Agreement is subject to and governed by smd Development Contract and any other applicable ordinances of the C~ty of Denton, Texas 3 Prior to begmmng of construction of the Oversized Faclllt~es, Developer shall obtmn, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds, and plats therefor obtmned by Developer shall be reviewed and approved as to form and substance by Caty prior to the beganmng of constructaon If Developer is unable to acqtare needed easements, Developer shall provide Caty w~th any requested documentation of efforts to obtain such easements, ~ncludmg evidence of negotiations and reasonable offers made to the affected property owners Any easements for the Oversized Famhtles obtmned by the Developer shall be asmgned to Caty, ~f not taken ~n City's name, prior to acceptance of the Overmzed Facilities, and Developer warrants clear title to such easements and will defend City agmnst any adverse clmm made agmnst such t~tle 4 Caty's share in the cost of the Oversized Facthtles as based upon the difference ~n the cost of lnstathng Required Famht~es, as determined by City, and the cost of the Oversized FacIhtleS, as determmed by C~ty, shall be In all amount not to exceed Twenty Two Thousand Eighty Exght Dollars and S~xty One Cents ($22,088 61) City may elect one of the following methods to detenmne C~ty's share of the cost a) Developer shall prepare plans and specifications and furnish them to City Cxty shall competitively bad the required hne and the Oversized FacIhtles in accordance with Chapter 252 of the Texas Local Government Code The difference m the bids shall be used to determine the City's share, subject to City's maximum participation In cost as specified in tbas Agreement, or b) Developer shall prepare plans and specffications and take bids on the required line and the Oversized Faclllt~es City shall pay Developer the least amount of the followmg (1) The difference in the bxds for the required line and the Oversized Facilities, or (2) Participation by the City at a level not to exceed One Hundred percent (100%) of the total cost for any overs~zmg of improvements required by the City, Including, but not limited to increased capacity of improvements to anticipate other future development m the area, all as prowded for m §212 072(b) of the Texas Local Government Code, as amended or (3) $22,088 61, the maxunum partlmpation cost allowed herein The City shall not, In any case, be liable for any additional cost because of delays In begluning, continuing, or completing construction, changes m the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soft, subsurface, or other site eunditions, differences in the calculated and actual per hnear feet of pipe or materials needed for the Oversized Facilities, Developer s decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities 5 The City will make monthly payments for its share of the Oversized Facilities The Developer shall submit monthly pay requests on forms provided by the City The Developer's engmeer shall verify that each pay request is correct Each pay request, along with the engineer's verification, shall be submitted to the Engmeenng & Transportation Department of the City The City will retmn 10% of the total dollar amount until the project is accepted Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engmeer's verification 6 To determine the actual cost of the Oversized Faclhtles, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities 7 All not,ecs, payments or commumcatlons to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address g~ven above and to the Assistant City Manager for Utilities for City at the address given above 2 8 Developer shall lndemmfy and hold City harmless from any and all claims, damages, loss or hablhty of any l~nd whatsoever, by reason of injury to property or person occasioned by any act or ounss~on, neglect or wrongdoing of Developer, its officers, agents, employees, ~nwtees, contractors or other persons with regard to the performance of this Agreement, and Developer shall, at Its own cost and expense, defend and protect City against any and all such clmms and demands 9 If Developer does not beg~n substantial construction of the Oversized Faclhties w~thln twelve (12) months of the effective date of execution of tbas Agreement, flus Agreement shall terminate 10 This ~nstrument embodies the entire agreement of the part~es hereto and there are no promises, terms, conditions or obhgatlons other than those contmned or incorporated here~n Tlus Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of tins Agreement 11 This Agreement shall not be assigned by Developer without the express written consent of the City 12 Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of flus Agreement, shall be brought in a court of competent junsdict~on in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas EXECUTED in duphcate onglnal counterparts by the duly-authorized officials and officers of the C~ty and the Developer, on th~s the day of ., 2000 CITY OF DENTON, TEXAS A Texas Mumcipal Corporation By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" BEL AIR DEVELOPMENT LTD By ~,~,~V~~ ~, ATTEST S \Our Document s\Contracts\00\Water Mare Cost Part~¢lp Agrmt Bel Air Develop Ltd doc 4 Agenda No.. ~genda Item._,.-~--.-~- .. AGENDA INFORMATION SHEET AGENDA DATE May 16, 2000 DEPARTMENT Utlhty Adm~mstratlon ACM Howard Mart~n, 349-8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: The Preliminary Design Report (PDR) for the modifications to the Lake Ray Roberts Water Treatment Plant (LRRWTP) was recently presented to the Public Utilities Board and City Councd for rewew and approval The PDR ~dentlfied the desired design mod~ficatmns for the LRRWTP facilities It also determined the estimated construction costs for these facilities to be tncorporated into the FY 2001 - 2005 Water Utthtles Capital Improvements Plan The PDR also provided the bas~s for staff to identifying the scope of services and negotiate a professional services agreement with Freese & Nichols, Inc for completing the final design of the facdmes Near the completion of the PDR, staff instructed Freese & Nichols Inc, to prepare a proposal for engineering services to complete the detmled design of the factht~es, prepare engineering plans and specifications, prepare contract and b~d documents, provide basic and special services during the construction phase, and assist the City of Denton during the start up phase of the project After receiving the original proposal, staff requested revisions and made suggested changes to this proposal to reduce the total cost and to negotiate a fmr and reasonable fee for the C~ty of Denton to complete th~s project The enclosed proposal (Exhibit II) represents the results of the third round of negotiations and resulted in a reduction of nearly $ 500,000 from the original design fee proposed by Freese & Nichols Inc, (see enclosed Exhibit III) In negotiating engineering services agreements for projects, staff uses a widely recognized reference document prepared by the Consultxng Engineers Council of Texas (CEC) and the Texas Society of Professional Engineers (TSPE) titled A Gutde to the Selectton and Negottatton ProcessforProfesstonalEngmeenngServtces,(1993) Eng~neenng fees for construction projects are frequently negotiated on the basis of a percentage of the estimated construction cost of the project The PDR estimated the construction cost of the 20-mgd plant facilities including the raw water pumping station, ozonatlon facilities, ground storage and high service pumping station factht~es to be 34 8 million dollars A detailed breakdown of the estimated construction cost for these facilities ~s included in Exhibit IV In negotmtmg engineering fees, basra servmes are typmally identified and represent engineering services that are expected to occur for most projects Special services include scope items that are sometimes desired by the chent or recommended by the consulting engineer to meet the special needs of a particular project or individual end user Exhibit V comes from the CEC/TSPE manual and describes what is commonly included in basic engineering services for construction projects and hsts examples of scope items that would be considered additional or special services S~mdarly, Exhibit VI describes the common fee negotiations that are used to determine a fair and reasonable charge for engineering services Using the method related to construction costs, full basic engmeenng services for a project of this size, cost and complexity would typmally be about 7 25% of construction cost (approximately $ 2,523,000) Exhibit VII details the fee factor assumptions that were used by staff to calculate this percentage This estimated fee assumes the project did not have any credits applied for the previous design work that was completed in 1991 for the original design of the 10 MGD plant Staff obtmned information on two recent water treatment plant projects that involved ozone installations in the Dallas/Ft Worth area to compare fees that were negotiated with different engineering consulting firms These projects ~ncluded the Upper Tnnlty Regional Water District's 50 MGD expansion of their existing 20 MOD plant and the City of Arhngton's ozone disinfection conversion and biologically active filtration (BAF) retrofit of their John Kubala (25 MGD) and Pleme-Burch (90 MGD) treatment plants Both of these projects included the addition of ozone treatment fatalities to a conventional treatment plant The UTRWD project was an expansion of an existing conventional water treatment plant The City of Arlington project was a rehabilitation project which generally results in a higher engineering in relation to construction cost than new construction Neither project had major expansions to the operations bmldlngs or development of new SCADA systems since these were incorporated ~nto the existing plant facilities Exhibit VIII lists the construction costs and engineering fees for each of the major phases of the project and compares these to the revised fee proposal from Freese & Nichols Inc, for the LRRWTP project Full basic services typically ~ncludes both preliminary design, detailed design, and basic representation tkrough the construction phase The professional services agreement with Freese & Nichols, Inc, for the prehmmary design report was $142,700 The negotiated proposal for basic engmeenng servmes for final design and construction services is $1,944,335 Including the prehmlnary design expenses incurred to date, this would result in a total fee for basic engineering services for this project orS 2,087,035 The difference in fees is approximately $ 436,000 and this represents an estimate of the salvage value of the original design effort that was completed back in 1991 The total engineering fees prod for the original design effort was $ 850,745 Using a 2% Inflation factor over the past ten years estimates the current value of the original design at $1,037,000 Tlus would calculate a salvage value of approximately 42% of the original design expenses prod by the City of Denton Another al~proach to determlmng the appropriate salvage value of the original design investment is to evah0ate each major structural / process component of the project and examine the level of design eff6rt and salvage value would be involved for each component Exhibit IX itemizes 31 components related to the project and dermis staff's opinion of the design effort and salvage value that should be expected from the engineering fee proposal This method resulted in a 24% reduction in the total fee estimated to be attributed to the salvage value of the original design of the 10 MGD plant Staff also requested pricing information on a suite of special services that would be desirable for this project and that would be considered additional services beyond the CEC/TSPE scope of services interpretations for basle services Several of these items were requested to assist staff with the in-house design efforts for the $ 6 1 million dollar finished water transmission pipeline project They also included additional geotechmcal services needed to complete the final design of the plant and to conduct limited ozone treatability pilot testing as recommended by the consultant The total fee proposal for the special services during the design phase is $ 218,594 Staff has also received a proposal for special services during the construction phase and post construction phase but is not prepared to make a recommendation to the City Council at this time Some of these services w~ll not be necessary and can be deleted from the scope of services An example is the preparation of a R~sk Management Plan for the new chlorine and ammonia feed facthtles Staff has had considerable involvement with the preparation of the Risk Management Plans for the existing Lake Lewlsvllle Water Treatment Plant and Pecan Creek Water Reclamation Plants and w~ll likely perform this task m-house Another item included is the materials testing services during construction Staff may elect to contract directly with a materials testing firm dunng the consl~uetlon phase rather than contract for these through Freese & Nichols Ine The biggest cost item to be considered is the level of inspection services to be provided during the construction phase Of the $ 952,836 originally proposed for special services during the construction phase and post construction phase, $ 388,848 was for full time representation during the construction phase (estimated at 20 months) Staffwants to evaluate alternatives and consider what opportumtles are available to manage this quality control effort at a lower cost before recommending a contract for this work Therefore, staff is only requesting approval for basic engineering services during the design and construction phase and for the recommended special services dtmng the design phase only The special services during the construction and post construction phases of the project will be evaluated and renegotlated by staff prior to bid award of the construction contract The Public Utilities Board approved ( 7-0 ) awarding the contract for the design phase services from Freese & Nichols Inc, as recommended by staff with the following modifications 1 The proposal needed to include a more definitive identification of the key design team members including the resumes and work experience credentials for each of the design team members 2 The proposal should identify the estimated time that each team member would spend on the project, and Freese & Nichols Inc, commitment to keeping these staff members assigned to this project 3 The basxc serwces during constructxon should be expanded to ~nclude more than one s~te wsxt per month Staffrecommended that this revxsed to a m~mmum of two s~te ws~ts per month during,the construction phase 4 The basic services should include allowances for a defined level of consultant rewew of contractor requested substitutions Staff worked w~th Freese & Nichols to better define th~s m the proposal 5 The specxal services section should be modified to delete the altematxve storage tank desagns from the b~ddmg process Staffwlll perform th~s analysxs in house and advise the consultant on which type of tank (prestressed concrete or welded steel) should be designed and ~ncluded m the bad documents 6 The special servxces sectxon needed to more clearly define when supporting the owner ~n claims dxsputes wxth the contractor becomes a specml service and xs not consxdered a part of the basic services paid for in the base fee Staff has worked w~th Freese and Nxehols Inc, to rewse their proposal to reflect the changes recommended by the Public Utthtxes Board and recommends approval of the rewsed proposal and contract as submxtted Staff ~s requesting approval from the Cxty Councxl for the following xtems 1 The Final Desxgn Services Proposal m the amount of $1,696,162 2 The Basxc Serwces Proposal dunng constructxon m the amount of $ 248,173 3 The Special Servxces Proposal during the desxgn phase in the amount of $ 218,594 Total amount not to exceed $ 2,162,929 OPTIONS: Approve the professional serwces proposal for thc final design as submitted Recommend desired changes to the proposal for consideration by staff and request rcncgotmt~ons w~th Freese & N~chols, Inc RECOMMENDATIONS Staff recommends approval of the professional serwces proposal as negotmted by staff and submitted by Freese & N~chols, Inc PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) PUB August 23, 1999 - D~scusslon on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction October 4, 1999 - Approval of the prehm~nary design contract w~th Yreese & N~chols, Inc January 24, 2000 - Recexve an update from staff on the major decisions and recommendations from the prehm~nary design report workshops April 3, 2000 - Approval of the prehm~nary design report as prepared by Freese & N~chols, Inc May 1, 2000 - Approval of the professional servmes proposal from Freese & Nmhols, Inc, for the Final Design of the LRRWTP and related factht~es C~ty Counml August 24, 1999 -D~scuss~on on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction November 2, 1999 - Approval of the prehmtnary design report contract wtth Freese & Nmhols, Inc February 8, 2000 - Receive an update from staff on the major dems~ons and recommendations from the prehm~nary design report workshops April 11, 2000 - Receive an update from staff on the prehm~nary design report as prepared by Freese & Nmhols, Inc April 18, 2000 - Approval of the prehm~nary design report as prepared by Freese & N~chols, Inc ESTIMATED SCHEDULE OF PROJECT The plant should be operational by the late summer of 2002 The current schedule for the project is detmled m Exhibit X FISCAL INFORMATION The estimated constructmn cost for the project ~s $34,800,000 Exhibit XI hsts a cost comparison between the FY 2000-2004 Water Utthty's Capital Improvements Program, the 1998 Duncan & Assocmtes Impact Fees Study and the Freese & N~chols Inc, PDR cost estimates Based upon the estimated construction costs ~dentffied for th~s project ~n the PDR and the recent rate proformas prepm'ed by staff during the FY 2001 budget process, th~s project can be funded w~thout an ant~mpated rate ~ncrease prowded ~mpact fee revenues match current projections MAP See Exhibit I Respectfully submitted T~mothy S F~sher, P E Assistant D~rector of Water Utthtms 5 Exhibit I - Location Map Exhlbtt II - Freese and Nichols Scope of Services and Cost Proposal for F~nal Design and Construction Phase Serwces Exhibit III - Summary of Fee Negotiations w~th Freese & Nmhols Inc Exhibit IV - Construction Cost Summary Exhibit V - CEC/TSPE Services for Construction Projects Exhibit VI - CEC/TSPE Fee Negotmt~on Exhibit VII - Fee Calculation Spreadsheet Exhibit VIII - Fee Comparisons w~th Other ProJects Exhibit IX - Design Effort Reqmred per Project Component/Salvage Value Exhibit X - ProJect Schedule Exhtblt XI - Lake Ray Roberts Water Treatment Plant ProJect Costs 6 Rey Roberts W~ter Treatment Plant 81re Hmrtlee Field Ro~d BooGter Pump 8tutlon DENTQN Location Map w~),.E Ray Roberts Water Treatment Plant , Hartlee Field Booster Pump Station EXHIBIT EXHIBIT IV MODIFICATIONS TO LRRWTP PRELIMINARY DESIGN Recotnmendattons CHAPTER 14.0 PROBABLE CONSTRUCTION COSTS The estimated opinion of probable construction cost for the new Lake Ray Roberts Water Treatment Plant is shown in Table 14-1 The total estimated capital cost for the Raw Water Conveyance facilities is approximately $2 3 rmlhon The capital cost of the 20-mgd WTP including the Admamstration/Operations Building and the back up power generators ~s estimated at $ 26 2 n'nihon The relocated clearwell storage and H~gh Servtce Pumping facfl~ues are estimated at approximately $6 3 million The total for the facilities Is estimated at approximately $35 walhon The estimates ~nclude all costs associated w~th the construction contract including contractor's overhead and profit as well as 10% for contingencies Construction cost estimates were based on equipment and umt costs at Year 2001 dollars It is ~mportant to recognize that all costs show on Tables 14-1 are prehmmary estimates based on actual costs for smular facflit~es and assume typical construction condmons They cannot account for all of the factors umque to the new Denton s~te and the construction project b~ddmg enwronment at the time of bid opemng Currently in North Texas there is a low level of competit~on, and a h~gher than normal labor cost resulting ~n higher overall project costs Consequently, the cost estimates should be considered to be a "budget esumate" The esumated range of costs of the 20 MGD plant, including the high service pump station, should be between $34 and $36 rmlhon These estimates will be revised during the final design 14-1 MODIFICATIONS TO LRR WTP PREL1MINAR Y DESIGN Recommendattons Table 14-1 -Opinton of Probable Construction Cost Summary of Cost - 20 MGD Ozone Plant and 60 MGD Pump Statton ~? ~ '~ ~ 20 MGD PLANT- 2001 ~ >~*~ ~"~ RAW WATER PUMP STATION AND PIPELINE -2001 ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Raw Water Electrical Bmldtng i^~ I LS $56.300 $56.300 Raw Water Plpehne I LS $1.108.723 $1.108.723 Elecmcal Instmmentanon {u) I $183.881 $183.881 TOTAL COST - 2001 $2,314,166 20 MGD OZONE PLANT - 2001 UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Raw Water Meter Vault I LS $111,537 $111,537 Pumped D~ffu~on Vault {c~ I LS $119.746 ! $119.746 Sphtter Box ~c~ 1 LS $209.254 $209.254 Flocculanon and sed~mentatmn Basra 2 LS $1.479.557 $2.959.113 Ozone Faohty ~) 1 LS $5.100.000 $5.100.000 Fdters 2 LS $1.883.600 $3.767.200 A~r Scour Sys[em 1 LS $477.289 $477.289 Transfer Pump Station {e) I LS $808 000 $808.000 Chermcal Storage Tank Area I LS $702 838 $702.838 Chenucal Feed Facilities 1 LS $1.260.131 $1.260.131 Chemical P~pe Chase 1 LS $617.120 $617.120 Lined Chenuoal Dram P~t 1 LS $53.944 $53.944 Chlonne and ~mmoma Storage Braiding 1 LS $631.955 $631.955 Sludge Dewa~enng System (~) 1 LS $800.000 $800.000 Washwater Ro¢lamatton Basra 1 LS $422.042 $422.042 Washwater Recycle Meter Vault I LS $48.081 $48.081 Mmn Dram Sump 1 LS $149.845 $149.845 Operauons Bmldmg ~ .1 LS $1.662.000 $1.662.000 Slurry Trench (~) 1 LS $338.000 $338.000 Yard P~pmg ! I LS $550.597 $550.597 S;tework/puvlng 1 LS $612 410 $612.410 Landscaping grid Imganon I LS $65.150 $65.150 Backup Power~") I LS $890 000 $890.000 Electrical Instmmentatmn 1 LS $3.863 925 $3.863.925 TOTAL COST - 2001 $26,220,177 14-2 MODIFICATIONS TO LRRWTP PRELIMINARY DESIGN Recommendattons HIGH SERVICE PUMP STATION - 2001 ITEM DESCRII~TION QUANTITY UNIT UNIT TOTAL PRICE 60 MGD PumplStat~on 1 LS $3,805,310 $3,805,310 6MG Storage I LS $1,415,930 $1,415,930 Plant Effluent Meter Vault I LS $114,143 $114,143 Elecmcal/Instrurnentatton ~B~ 1 LS $960,369 $960,369 TOTAL COST - 2001 $6,295,752 *Unless md~catad otherwtse, umt prtces are taken from the mtttal cost esttmate multtphed by the ENR ~ndex factor of I 303 to change costs to 2001 dollars A) Umt price ts reduced since potassmm permanganate feeding faclhty ts taken out from mtttal destgn B) E/I&C ts based on 18% of plant costs Increased to account for new equtpment Includes RWPS but not ptpehne Does not include extra for Backup Power C) Umt Prtce from TM-3, Alternattve B Pumped d~ffuston mtxmg wtth sphtter box, 23-Nov-99 D) Umt Prtce from TM-2, Table E-4 23-Nov-99 E) Umt Prtce from Memorandum "Cost Compartson of HFR vs LRRWTP, 8 Jan-00 F) Umt prtce for Lagoon Facthty from TM-5, 10-Dec-99 G) Unit Prtce Is mcreased by comments tn revis,~d TM-6, and contmgenctes are increased from 10% to 15% H) Umt Price from TM-7, 19-Jan-00 14-3 EXHIBIT V Professional Engineering Services A Guide to the Selection and Negotiation Process 1993 A joint publication of the Consulting Engineers Council of Texas and Texas Society of Professional Engineers Th~s manual replaces the "General Engmeenng Services" manual pubhshed ~n 1982 Scoping and Defining Services The needs for consulting engineering services vary and the consulting englneenng firms that meet these needs vary in organizational structure size, and capablhty Many consulting engineering finns provide comprehensive diversified services to the owner while other firms spectahze in areas such as geotechmcal, civil structural mechanical elecmcal plumbing or environmental engmeenng and provide their services to a prime engineer architect or owner Few consulting engmeenng firms are quahfied to provide complete service for all projects and the use of associate consulting professionals under the direction of a prime consultant to provide specialized services for a multi-discipline project is common The services provided by consulting engineers can be grouped into two broad categories · Consultations, investigations and repons · Services for construction projects Professional services provided under both categories frequently require supplementary engmeenng support services Consultation Services, Investigations, and Reports These services deal primarily with collecting, interpreting and reporting information together with formulating conclusions and making recommendations in order to assist the owner in formulating a preliminary scope for design and construction phases to follow Services in this category will Include Prehmmary and Feasibility Investigations and Reports These services precede the authonzatlon of a capital project and may involve extensive investigations analyses of condmons and comparisons of several possible design altemauves These studies may include the impact of a project upon the environment operating costs, hfe-cycle costs financing considerations, and expected revenues as bases for conclusions and recommendauons regarding the advisabd~ty of undertaking a project Planmng Studies These services may include the broad areas of developing master plans for long-range capital improvement programs preparation of land development plans urban plans and regional plans, and the investigation of environmental conditions and preparation of environmental impact statements, with subsequent planning to improve or maintain existing condmons Such planning often requires coordination of the work of many engineering and nonengmeenng disciplines Appraisals, Valuations, and Rate Studies These services may include ~nvemgations and analyses of existing condmons capital and operating costs overhead costs of finanmng and revenues as needed to evaluate property or to recommend estabhshment ot prospective rates Assistance in Financial Matters The consulting engineer may be engaged by an owner who is planning to issue bonds particularly revenue bonds to finance a capital project The scope of services may Include an evaluation of capabilities of existing and proposed facdmes to meet present and projected future needs, optmon of probable construction costs and an estimate of annual revenue requirements and a determination of appropriate rates to prowde th~s income The consulting engineer may also act as responsible agent to certify that certain terms and condttlons of the bond Issues are camed out Mater tals Engineering and Equil)merit Tests These services Include tests of materials and equipment under estabhshed codes and standards specialized exammatton of equipment and materials used in construction and industry, and other inspections and momtonng required by an owner Direct Personal Service This includes services such as assistance in preparation for legal proceedings, appearances [~fore coaRs or commissions to render oplmons and conclusions and investigations of techmcal matters where specialized engineenng knowledge experience, and judgement are reqmred Other Services These servtces can vary to suit special needs of the owner and can include such diverse activities as · Environmental evaluation · Forensic englneenng for structural and other failures · Geotechmcal engmeenng · Operational assistance · Process destgn, pilot studtes, computer modeling · Safety engmeenng · Surveying engtneenng · Toxic and haz~dous waste evaluations · Representing municipal or private entities m projects proposed for pnvatlzanon Services for Construction Projects Consulting engmeenng services are required for each phase of a construction project All essential or bastc services are preferably fumtshed by the same consulting engineer or consulting engmeer team although at times servtces in var]oas phases are furnished by different engineers or by the owner The basic services axe supplemented by additional services which may be provided by the owner, a spectahzed engineer, or the consulting engineer Basic Services for Constructton ProJects Basic services furnished m support of a construction project may include · Study and Report Pha~, Analysis of owner s needs conceptual design, and conceptual opinions of probable construction cost · Prehmlnary Design Phase. Preparation of final design criteria preliminary drawings outline of spectficattons and preilmtnary oplmons of probable construction cost · ~ Preparation of design drawings, specifications opinions of probable construction cost, and other contract documents and review/approval by governmental agenctes · Blddme or Negotlatme Phase. Assistance to the owner with the construction bidding or negotiation process · Constrnct~on Phase. Owner representation dunng construction and observation of the construction g3tudv and Report Phase This phase involves determination of project scope and economic and technical evaluation of feasible alternatives Services dunng this phase may include 1) Revrewmg avadable data and consulting with the owner to clarify and define the owner s ~' requtremems for the project ~, 2) Adwslng the owner as to the necasstty of providing or obtmnmg from others additional data or services These additional serv~cas may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechmcal investigations and consultations, compilation of hydrological data, traffic studIes materials engineering assembly of zomng, deed, and other restrictive land use reformation, and envtronmantal assessments and impact statements 3) Identifying and analyzing requirements of governmental authorities havmg jurisdiction to approve the design of the project, and participating m consultations w~th such authorities 4) Prowdmg analyses of the owner's needs, planning surveys, and comparative evaluations of prospective s~tes and solutIons 5) Providing a general economic analysis of the owner's reqmrements apphcable to va~ous alternatives 6) Prepanng a report presenting alternative solutions available to the owner with the consulting engmeer's findings and recommendations The report may contmn schematic layouts sketches, conceptual design criteria with appropriate exhibits to mdlcate clearly the considerations involved (including apphcable requirements of governmental authorities hawng jurisdiction), and the consulting engineer's conceptual opmmn of probable costs for the project The number and d~stnbutton of report cop~es w~ll be as stipulated In the agreement with the owner Preliminary Design Phase This phase revolves the estabhshment of the general size and scope of the project and ~ts location on the selected site Settees may include 1) Consulting w~th the owner, rewew~ng prehm~nary reports clarifying and defimng the project requirements reviewing available data and d~scussmg general scheduhng Conferences may also be required with approving and regulatory governmental agenc~as and affected utd~tres 2) Advising the owner as to whether additional data or services of the type described ~n the Study and Report Phase are reqmred and assisting the owner m obtaining such data and services 3) Prepanng prehmmary design documents consIsting of final design criteria, prehmmary drawings, outhne of specifications, and written descriptions of the project The number and d~stnbut~on of copres will be as stipulated m the agreement w~th the owner 4) Prepanng revised opinions of probable total project costs Final Design Phase Th~s phase of project development ~s usually undertaken onty after the owner has approved the prehmmary desxgn phase material The basic services for the fmal design phase may include l) Prepanng construction drawings and specifications showing the character and extent of the project based on the accepted preliminary design documents 2)Prepanng and furnishing to the owner a rewsed opinion of probable total pro)act costs based on the final drawings and specifications 3) Furnishing the necessary engineering data required to apply for regulatory permits from local state, or federal authorities This ~s d~stmgu~shed from and does not ~nclude detmled apphcattons and supportmg documents for government grant-m-aid or planmng grants that ~' would be furnished as addmonai services as described later m th~s sectren · ~00~)il~g 4) Prepanng bastc documents related to constructton contracts for review and approval by the llll(~ owner (and the owner's legal and other adwsors) These may include contract agreement Dt~#illg forms, general condmons and supplementary cond~tlons invitations to bid ~nstructlons to Sil'iJ~il btdders, insurance and bonding reqmrements and preparation of other contract-related documents 5) Furnishing to the owner the specified number of copies of drawings speclficattons and other contract documents Biddmg or Negotiating Phase Services under th~s phase may ~nclude ,~, ~ 1) Assisting the owner in advertising for and obtalmng b~ds or negotlattng proposals for each , ~ separate prime construction contract, maintaining a record of prospective bidders to whom ~-~ bidding documents have been tssued, attending pre-bid conferences and receiving and ~ ~. 4, ~:~ processing depostts for blddmg documents 2) lssutng addenda as appropriate to interpret clarify or expand the btddmg documents 3) Assisting the owner in determining the quahficatlons and acceptability of prospective constructors, subcontractors and suppliers ' <- 4) When substltutton prior to the award of contracts is allowed by the btdd~ng documents ~ "~ ~ consultation with and advising the owner as to the acceptabdtty of alternate materials and ,, ; ~ ~,, equtpment proposed by the prospecttve constructors ~.~ ~T~,~ . : 5) Attendtng the bid openings, prepanng bid tabulatton sheets and providing asststance to the ~ ~, ~ ~ ~,~ , owner in evaluating bids or proposals and in assembling and awarding contracts for ~ '/6 ~;~., constructton materials equipment, and services ~' ~ ..~.~.~ ~ ~,, Construction Phase Services under thts phase Involve consuhlng wnh and adwsmg the owner - ~ dunng construction and are limited to those servtces assoctated with performing as the owner's . , representattve Such services may be Included as a basic servtce and may comprise 1) Prepanng for and conducting a preconstroctlon conference and issuing a Notice to Proceed on behalf of the owner ~,~'*'~' h~,-,~,~ ~ ¢~"TM 2) Reviewing shop and erection drawtngs submitted by the constructors tot compliance with "' ~ '~ ~:~ ~ design concepts ~ ?~.~ 3) Reviewing laboratory, shop, and mill test reports on materials and equipment ~~ .C~ 4) Vtsltlng the project site at appropriate Intervals as constroctton proceeds to observe and report ~ · ~, on the progress and the quality of the executed work -- ~ -~ .:~ 5) Issuing mstructlons from the owner to the constructors issuing necessary interpretations and ~,., ~. clanficattons of contract documents, prepanng change orders requmng special tnspectlons and testing of the work, and making recommendations as to the acceptabthty of the work 6) Prepanng sketches requtred to resolve problems due to actual field conditions encountered 7) Determining amounts of progress payments due based on degree of completion of the work and recommending issuance of such payments by the owner 8) Observing and assisting performance tests and initial operauon of the project 9) Prepanng record drawings from information submttted by the contractor 10) Making a final inspection and reportmg on completion of the project mcluding recommendations concemmg final payments to constructors and release of retained percentages Additional Services for Construction ProJects Additional services required dunng the study, design, bedding construction, and operation phases of a construction project may include tnvest:gatlons reports and activities beyond the scope of the basic services These services, many of which are previously hsted In this section under the category "Consultation Services Investigations and Reports "may relate to the owner's decisions as to the feasibthty, scope, and location of the project The research compilation of englneenng data and acquisition of property may involve professional specialists in engineenng and other fields Additional services not provided by the consulting engineer often are negotiated with other finns or individuals by the consulting engineer acting on behalf of the owner Examples of these services may include I) Geotechnlcal englneenng - including test bonngs, sampling and analysis and recommendations 2) Studies tests and process determination to establish design criteria for water and wastewater treatment facilities 3) Land surveys, establishment of boundaries and monuments, preparation of easement descriptions and related computations and drawmgs 4) Englneenng and topographic surveys for design and construction 5) Mill shop or laboratory inspections of the materials and equipment 6) Furnishing additional copies of reports construction drawings, specifications and other documents as required for blddmg and construction beyond the number specified in the basic services agreement 7) Extra travel and subsistence as defined by the agreement for engmeenng services 8) Value engineering - including revlewmg the work of other engineers either within the same organization or tn other firms, to determine whether a proposed solution is optimum and, if not to suggest a better approach for meeting the project s functional and financial cnterla 9) Redesign to reflect project scope changes requested by the owner required to address changed conditions or change in direction previously approved by owner, mandated by changing governmental laws, or necessitated by the owner's acceptance of substitutions proposed by the constructor 10) Providing services dunng construction by a restdem project representative and by supporting staff as required to provide more assurance that the construction is accomplished tn general conformance to the design drawings, specifications and other contract documents 11) Quality control inspection and testing of materials used in the construction of a project 12) Assistance to the owner as an expert witness In Imgatlon in connection with the project or m hearings before approving and regulatory agencies 13) Final investigations involving detailed consideration of operation maintenance and overhead expenses preparation of final rate schedules and earning and expense statements or appraisals valuations and material dUdllS or inventories required for certification of force account construction performed by the owner or for extra work done by the constructor 14) Preparatton of detaded apphcattons and supporttng documentauon for government grants, advances for pubhc works projects or permits 15) PlotUng, compuUng, and fihng of subthvlston plats staking of lots, and other land planmng and partitioning actlvmes 16) Preparanon of environmental assessment and tmpact statements and other asststance to the owner tn connectton wtth pubhc haarmgs 17) Extra destgn effort to meet speetal condtttons such as earthquakes, hurricanes tornadoes, or blasts or to sausfy abnormal tolerances, along wtth assoctated dynamtc analysis or testing 18) Asststance In managmg a project by acting as the direct representative of the owner tn the seleeUon, engagement, observanon, and approvals of the work of archltects, other engineers, constructors, and subcontractors, contacts with governmental agenctes to obtam permits and documents, and other servtces related to project development 19) Assessment of the completed project's abdlty to meet tts design intent relative to capactty, mamtamabthty, operabdtty, or rehabdtty 20) ProJect peer revtew 21) Fumtshtng coptes of reports or constmctton documents to the owner in number exceedmg that sttpulated tn the agreement for servtces 22) At the completton of constructton, the consulttng engmeer may asstst in the start-up of proJect operattons The consulting engineer may be commtsstoned to prepare a manual for both operatton and maintenance reqmrements, provtdtng asststance for adjusting and balancing eqmpment, tdenufymg deficlenctes and asststmg m obtatmng corrections, and performing mspectton prior to the end of the project warranty period The consulting engineer may asstst tn operator training, setting up job classtficattons and salanes, organtzmg the purchase of supphes, developing charts for recorthng operattonal data and observmg and reporting on project operations 23) Providing services beyond scheduled completion dates, particularly with regard to Constructton Phase Services Engineering Support Serwces The consulting servtces descnbcd above frequently requu'e engineering support servtces Geotechmcal engtneermg, for example, frequently requtres servtces such as talang sotl and rock bonngs, excavaUng test ptts, samphng and ldenufymg soil and earth materials field and laboratory testa, and geophystcal measurements and observations Support servtces may revolve data gathenng acuvtues for speclahzed purposes Although some of these tasks are normally accomphshed by persons who are not engmeers, the procurement of adequate and correct data usually requn'es professtonal judgement and gmdance Smce soundness of any engmeenng declston ts dependent upon the accuracy and suttabthty of data obtained tn field and laboratory ~ lnvesttgattons, these suppor~tng services most be under the gutdance of the consulting engineer ~ ~ .~ whose declstons will be based on that data EXHIBIT VI Fee Negotiation Charges for engineenng servtces are usually computed using one of five methods Salary cost ttmes multipher plus direct nonsalary expense Per diem Cost plus fixed fee Lump sum Method related to constructton cost The method or combmatton of methods used depends upon the nature scope, duration, complexity and quality of servtces required by the owner Each of the methods described ~s embraced m the "Standard Form of Agreement Between Owner and Engineer for Professional Services" published by the Engineers Joint Contract Documents Comrmttee This document can be obtained from the American Consulting Engineers Council, 1015 Fifteenth Street N W Washington D C 20005 telephone 202/347-7474, fax 202/898-0068 The first two of these methods are based upon the consulting engineer s costs to perform services and therefore, a precise definition of project scope Is not reqmred The cost plus fixed fee method requires that the project be defined but provtdes more flexththty to accommodate changes than the lump sum or construction cost methods The last two methods are based upon a specific work product and reqmre that the project scope be well defined Technical owner controlled, and external factors such as those listed m Table A tmpact the cost of providing services and the value of these services to the owner These factors should be taken into considerauon when negotianng any of the following methods of determining fee Salary Cost Times Multiplier Plus Direct Nonsalary Expense Compensatton on the basts of the salary cost tlmas an agreed multtphar Is a frequently used method of determining charges for engineering services Direct nonsalary expenses are a separate item for reimbursement, usually w,th a servtce charge The following factors are pertinent to thts method 1) Salary cost ~s defined as "direct salaries plus fringe benefits" and includes salaries for partners, pnnclpals, professional, technical adm:mstratlve and clerical staff threctly chargeable to the project sick leave vacation, hohday, and ~ncentlve pay, unemployment and other payroll taxes and the conmbutlons for social security, workmen's compensation insurance, retirement, medical, and other group benefits 2) The multlpher whtch is applied to salary cost is a factor that compensates the consulting engineer for overhead plus a reasonable margin for conttngencles ~nterest on invested capital readiness to serve and profit The overhead component is composed of the following a) Provisions of office expenses hght heat telephone, deprecmtlon rental fumltare, drafting equipment and englneenng lnstmmems automobde expense, and office and drafting supphes not ~dentlfiable to a specffic project b) Taxes and Insurance other than those ~ncluded as salary cost but excluding state and federal income taxes c) L~brary and penodlca! expenses and other costs of keeping abreast of advances m eng~neenng, such as attendance at technical and professional meetings and continuing education courses seminars, and m-house training d) Executive, admunstrauve accounting, legal, word processing and clerical salaries and expenses (other than tdentffiable salaries ~ncluded in salary costs and expensesl, and other professional services e) Business development expenses including salaries of pnnmpals and employees so engaged f) Provision for loss of productive time of technical employees g) Costs of acqulnng maintaining and repamng computers development of software and staff training not associated with specific projects 3) D~rect nonsatary expenses usually incurred ~n engineenng engagements may ~nclude a) hying and traveling expenses of pnnc~pals and employees when away from the home office on business connected with the project b) Idenufiable commumcaUons expenses such as long-distance telephone telegraph, cable, shipping charges courier, special postage charges, and fax services c) Expenses for services and eqmpment directly apphcable to the work such as for specmhzed techmcal equipment, special legal and accounting work special computer rental and programming services, computer run time and file storage, CADD/computer charges special consultants geotechmcal bonngs photographs/photography and laboratory work pnnung and binding, delivery mileage etc d) Identifiable drafting supphes word processing supplies and reproduction work charged to the owner's work as distinguished from such supplies and expenses applicable to several proJeCtS e) Expenses for unusual ~nsurance, speclahzed health and safety programs and for special clothing for pro jectswlth extraordinary risks such as toxic an dhazardous waste work f) ProJect specific professional hablllty insurance costs Per Diem The term "per diem" normally refers to a day s work conslsnng of eight or any preagreed number of hours Th~s basis is particularly suited to expert w~mess or other legal-related work and to other Where per diem setwices are furmshed, the consulting engineer should be compensated for all of the tune devoted to the work Including travel and standby time The per diem charge should be based on the complexity, risk and importance of the work involved and on the consulting engineer's professional standing, expertise, and breadth of experience The consulting engineer ~s while away from the home office Cost Plus Fixed Fee Fei ~ Ihlotiation Under a cost plus fixed fee agreement, the consulung engineer Is reimbursed for the actual costs of all services and supphes related to the project, including Salary costs Overhead ~. Direct nonsalary expenses ~ ~ Fixed fee (profit) The cost plus fixed fee basis requires, as a prerequisite to eqmtable negotiations, that the owner and the consulting engineer define and agree upon the scope of services the consulung engineer is to perform Such defimuon of the scope of work Is essential to enable the consulUng engineer to estimate costs and equitable fee amount A true cost plus fixed fee does not have a 'not to exceed" amount Lump Sum The lump sum method of compensation Is frequently used for ~nvestlgatlons and studies and for basic services on design projects where the scope and complexity of the assignment are clearly and fully defined The lump sum amount is the sum total of esnmated engmecnng costs for salaries, overhead and nonsalary expenses, an allowance for contmganclas, mterast on Invested capital, readiness to serve, value of services to the owner, and a reasonable amount for profit A lump sum agreement should contmn a clearly stated time period dunng which the servwes will be performed and a provision for adjustment of compensation if the pwject is delayed for reasons beyond the consulting engineer's conU'ol For design services, there should be a provision for changes required after approval of the prehmmary design, scope changes throughout the durauon of the assignment, and a clear understanding as to where the final approval authomy lies Method Related to Construction Costs Owners and engineers who have worked together repeatedly on numerous projects with standardized design and documentation reqmremants and standarchzed consU'uctlon materials may be able to correlate engmeenng costs to consltuctlon costs It Is recommended that the method related to construction cost be used in determining fees only after the owner and consulting engineer have a sufficient history working tugether to determine a baseline, and only for projects with construcuon costs over $250,000 Quite often professionals within public agencies lacking sufficient experience may seek guidance in negonaung reasonable compensation for engineering services Where available local, regional or nauonal surveys or fustuncal data may serve to prowde helpful gardance to public agency professionals Weighing the results of one or more formulas may be another method that a pubhc agency may chose to consider m obtmmng guidance dunng the negntmuon process Wlule by no means flawless or exhaustave, the followmg is intended to illustrate one of several techniques that may be useful to public agencies and should be modified depending upon all facts and circumstances mvolved *F = 120+C) (P/A) 1 F = Eng~neenng fee as a percent of ¢onstrucuon cost C Sum ot fee factors (See Table A) A Cost index factor P = Construction cost in mdhons of dollars A CClcu~enffCCl199~ CCI = Engtneertng News Record constmcuon cost index CCh993 = 3484 85 (Dallas Texas- March 1993) Any fo~ula developed for standard~zed work should be adjusted to reflect the specffic sco~ of se~mes mqmred for a p~mular project Table A ' Fee AdJustment Factors ~ncludes a few of the facto~ whmh tmpact the cost of prowd~ng se~mes and the value of the se~lces to the owner ~e factors and factor values should be used only asa guldehne for developing a more detaded hst of variables which apply to a specffic project Tabla A - Faa A~luatmant Faotora 1 Level of information r~ulred on plans/drawings 0 20 to 0 10 2 Proje~ reqmrements a ~ of ~e~lces 0 20 to 0 33 b mh~ va grass roots proj~ d numerous dl~iphnes required f ~mplex~ of prole~ 3 Ex,sting data, e g 0 35 to 0 20 a preflmtna~ englneenng rein b as constm~ drawing~spec~flcahons 1 Ris~liabfl~ (base standard of nsk flmtted to tee) 0 10 to 0 10 2 T~me r~mmd for owner mviewtappmvals 0 0 to 0 20 (2 weeks s~da~) 3 Number of su~m~als/owner rew~s Add 0 05 for each subm~al m addfl~on to prehmlna~ and final 4 Sch~ule for completing wo~ fast track vs reasonable 0 0 to 0 20 5 Payment sch~ule 30 days after red,pt of invoice 0 01 for each late 30 day ~nod 6 ~ner requested subconsultants 0 05 to 0 15 of the value of the 7 ~ner pa~lc~patlon m pmJecVpa~nenng 0 0 to 0 20 ~ 8 Constm~lon mspe~on flm~tmg pa~c~pabon of engineer 0 05 to 0 20 1 Cooffilnat~on with other onhtles 0 0 to 0 12 ~ 2 Enwmnmental regulations 0 0 to 0 12 ~ 3 NOt ~n my back ya~/citizen s involvement 0 0 to 0 20 4 Governmental constraints 0 0 to 0 20 EXHIBIT VII PROFESSIONAL ENGINEERING FEE CALCULATIONS based on 'Method Related to Construction Costs' PROFESSIONAL ENGINEERING SERVICES A Guide to the Select~on and Negotiation Process 1993 A joint pubhcabon of the Consulting Engineers Council of Texas and Texas Society of Professional Engineers Project Name Ray Roberts VVTP Design - Basra Services for Construction Projects TECHNICAL FACTORS 1 Level of ~nformat~on required on plans/drawings -0 10 2 Project requirements -0 10 3 Ex~stmg data -0 25 OWNER CONTROLLED FACTORS 1 RiskJLlab~hty (base standard of nsk hm~ted to fee) -0 05 2 T~me required for owner rewew/approvals 0 00 3 Number of submittals/owner rewews 0 10 4 Schedule for completing work 0 10 5 Payment schedule 0 00 6 Owner requested subconsultants 0 05 7 Owner participation ~n projectJpartnerlng 0 00 8 Construction ~nspecbon limiting parbc~pat~on of engineer 0 00 EXTERNAL FACTORS 1 Coordination w~th other ent~tles 0 10 2 Enwronmental regulations 0 05 3 'Not ~n my back yard'/C~t~zen's ~nvolvement 0 00 4 Governmental constraints 0 00 TOTAL FEE FACTOR -0 15 TOTAL CONSTRUCTION COST $34,800,000 FEE PERCENTAGE 7 25% TOTAL FEE $2,523,534 EXHIBIT X ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage Freese and Nichols, Inc, a Texas Corporation ("F&N"), to provide professional engineering services to the City pertaining to the final design of, the preparation of construction plans and specifications for, and the performance of related construction phase services for the City of Denton Lake Ray Roberts Water Treatment Plant, and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a C~ty may not select a provider of professional services on the bas~s of competitive bids, but must select the provider on the bas~s of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WHEREAS, the City Council has provided ~n the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council approves, and the C~ty Manager is hereby authorized to execute a Professional Services Agreement with Freese and Nichols, Inc, a Texas Corporation, for professional englneenng services pertaining to the final design of, the preparation of construction plans and specifications for, and the performance of related construction phase services for the City of Denton Lake Ray Roberts Water Treatment Plant, in substantially the form of the Professional Services Agreement attached hereto and ~ncorporated herewith by reference SECTION 2 That the award of this Agreement by the C~ty is on the basis of the demonstrated competence, knowledge, and qualifications of F&N and the ability of F&N to perform the services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\Ordmances\00\F&N PSA Ord Lake RR Wtr Ttmt Plant doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT THIS AGREEMENT is made and entered into as of the day of ,2000, by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporation, w~th ~ts pnnmpal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nichols, lnc, a Texas Corporation, w~th ~ts offices at 4055 International Plaza, State 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the paraes acting hereto, by and through their duly-authorized representatives and officers WlTNESSETH, that ~n consideration of the covenants and agreements hereto contmned, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts wath CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the services here~n m connecUon w~th the ProJect as stated m the Articles to follow, w~th dlhgence and m accordance with the professional standards customarily obtained for such sermces m the State of Texas The professional services set forth herein are tn connection w~th the following described project (the "ProJect") Professional angmeenng services pertmmng to the final design of, the preparation of construction plans and specfficaUons for, services dunng the bidding process, and the performance of related constmcUon phase sermces, and general representaUon dunng construction for the 20 MGD City of Denton, Lake Ray Roberts Water Treatment Plant ARTICLE I/ SCOPE OF SERVICES The CONSULTANT shall perform the following Basle Serwces un a professional manner A To perform those professional sermces as set forth tn the "Scope of Services and Estimate of Hours and Costs --- Final Design and Construction Phase Services" April 2000 [as modified on May 8, 2000], prepared by CONSULTANT for OWNER, winch document ~s attached hereto as Exinblt "A," and is incorporated here~n by reference, wtuch document ~s comprised of, and subchwded rote the following sections 1 ProJect Team, 2 Scope of Services, s~m~.~.~o,~A ~.~w~ Page 1 of 10 3 Narrative on Scope and Assumptions, 4 Cost Proposal - Estnnate of Hours and Cost, and 5 Subconsultant Scope and Proposals B If there ~s any conflict, or ~f any conflict ames between the terms of flus Agreement and Exlubxt "A" attached to flus Agreement, the terms and condamns of flus Agreement shall control over the terms and con&tmns of the Exlub~t ARTICLE 1II ADDITIONAL SERVICES Any adcht~onal serwces to b~ performed by the CONSULTANT, ff authorized by the OWNER, winch are not ~ncluded as Bame Services ~n the above-described Scope of Services, set forth as pmwded by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m writing, the scope of such additional serwces, the amount of compensation for such addatlonal services, and other essential terms pertmnmg to the prommon of such ad&t~onal servmes by the CONSULTANT ARTICLE 1V PERIOD OF SERVICE Tbas Agreement shall become effectxve upon execution by the OWNER and the CONSULTANT and upon the ~ssuance of a notice to proceed by the OWNER, and shall remain m force and effect for the period wluch may reasonably be reqmred for the completion of the ProJect, ~ncludmg Ad&taonal Sermces, if any, and any reqmred extenmons approved by the OWNER Tlus Agreement may be sooner ternnnated in accordance w~th thc pmmmons hereof Time m of the essence m thts Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth hereto as expedit~ously as posmble and to meet the schedule reasonably established by the OWNER, acting through its Asmstant City Manager for Uttht~es, or tus demgnee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" m defined as those expenses, ~f any, ~ncurred by CONSULTANT m the employment of others m outside firms, for services in the area of professional engineering, or related services Any subcontractor or subconsultant billing reasonably recurred by the CONSULTANT ~n connection w~th the ProJect shall be invoiced to OWNER at the actual cost plus ten percent 2 "D~rect Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT m the performance of flus Agreement for long &stance telephone charges, telecopy charges, messenger sermces, pnntmg and reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently incurred travel expenses related to the work on the Project, and similar mmdental expenses incurred m connection w~th the ProJect BILLING AND PAYivIENT For and an consideration of the professional services to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the saUsfactory completton of the Basic Servmes tasks set forth ~n the Scope of Services as shown m A~cle H above, as follows 1 CONSULTANT shall perform ats work on tins ProJect m accordance w~th the provisions of those three (3) tasks winch are described as '~rask 1- Fanal Desagn, Task 2- Constmcnon Phase Servaces, and Task 4 - Spee~al Services" as set forth m "Section B - Scope of Services" of Exinint "A' attached hereto and mcohoorated herewath by reference CONSULTANT shall perform the smd pmfessaonal services substanUally an accordance wath the "ProJect Schedule" set forth m Exhibit "A" CONSULTANT shall be paid for serwces rendered pursuant to the Agreement on the bas~s set forth ~n the "Project Budget" set forth m Seetton "D" of Exinb~t "A", balled monthly CONSULTANT shall bill fi.om tnne sheets, an munmum ¼ hour or smaller tune mcrements, at the hourly rates and at the expense rates prowded for ~n the "Project Budget" OWNER agrees to pay to CONSULTANT for ats professional services performed, for its Subcontractor Expense, and for ~ts Darect Non-Labor, out-of pocket expenses ~ncurred an the Project, a total lump-sum amount of fees and expenses of $2,162,929 00 2 Partml payments to the CONSULTANT will be made monthly in accordance w~th the statements refleet~ng the actual completion of the Basra Services, rendered to and approved by the OWNER through ~ts Assistant C~ty Manager for Utd~t~es, or Ins designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect by the CONSULTANT 3 Notbang contmned ~n tlus Article shall require the OWNER to pay for any work wtuch is tmsat~sfactory as reasonably determined by the Assistant City Manager for Utlhtles or bas desagnee, or winch is not subuntted by CONSULTANT to the OWNER m compliance with the terms of th~s Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any tune when the CONSULTANT is in default under this Agreement 4 It ~s speeffically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tbas Agreement wbach would require adthtlonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated herelnabove, w~thout first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any servaces to be later prowded for under Artmle HI "Additional Services" without first obtmmng prior written authorization from the OWNER ADDITIONAL SERVICES For additional services authorized an writing by the OWNER ~n Article III here~nabove, CONSULTANT shall be prod based on a to-be-agreed-upon Schedule of Charges Payments for addataonal services shall be due and payable upon subm~smon by the CONSULTANT, and shall be ~n accordance with Article V B ,w~ows,T~M~,~ ~ ~,.~o,.ps^ F,,~.,Dc~* ~W*~o~ Page 3 of 10 hereinabove Statements for Bastc Services and any addatlonal servmes shall be subrmtted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the mounts due the CONSULTANT will be mcreased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and m addtt~on, thereafter, the CONSULTANT may, after g~mg ten (10) days written notice to the OWNER, suspend sermces under this Agreement until thc CONSULTANT has been paid m full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, notlung herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth here~n, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, m accordance with Article V B oftlus Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due chhgence m d~scovenng and promptly reporting to the OWNER any defects or defic~encms ~n the work of the CONSULTANT or any of ~ts subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to ttus Agreement are instruments of service and shall become the property of the OWNER upon the termination of flus Agreement The CONSULTANT is entitled to retain cop~cs of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to ttus project and OWNER's use of these documents in other projects shall be at OWNER*s sole risk and expense In the event the OWNER uses the Agreement ~n another proJeCt or for other purposes than specified hereto any of the information or materials developed pursuant to tlus Agreement, CONSULTANT is released from any and all habfllty relating to their use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall pmwdc serwces to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clama any right arising from employee status ARTICLE IX INDElVINITY AGREEMENT The CONSULTANT shall lndemmfy and save and hold harmless the OWNER and ~ts officials, officers, agents, attorneys and employees from and agmnst any and all habfllty, clarms, demands, damages, losses and expenses, including but not limited to court costs and reasonable ~ ~, ~~, ~ ~,~,, ~^ ~ ~ ~,~ ~ Page 4 o f 10 attorney fees mcurred by the OWNER, and including w~thout hmitatlon damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omasslons of the CONSULTANT or its officers, shareholders, agents, subcontractors, subeonsultants, attorneys, and/or employees m the exeeutaon, operalaon, or performance of this Agreement Nothing m th~s Agreement shall be construed to create a habthty to any person who is not a party to tbas Agreement end nothing hereto shall waive any of the party's defenses, both at law or eqmty, to any claun, cause of aelaon or htlgation filed by anyone not a party to fins Agreement, including the defense of governmental lmmumty, wlueh defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Serwces under tbas Agreement, CONSULTANT shall mamtmn the following insurance with an insurance company licensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Canners of at least an "A-" or above A Comprehensive General Llabthty Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and w~th property damage lurers of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance w~th bodily injury hmlts of not less than $500,000 for each person and not less than $500,000 for each accident and w~th property damage hmlts for not less than $100,000 for each accident C Worker's Compensation Insurance m accordance with statutory requirements and Employer's Llabthty Insurance w~th hnuts of not less than $100,000 for each accident D Professional Liability Insurance v~th lnnlts of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance pohcles to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an addilaonal insured on all such pohcies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least tlurty (30) days prior written not~ee to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furmstung at least the same policy hrmts and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part, es may agree to settle any disputes under flus Agreement by submattlng the dispute to arbltrataon or other means of alternate dispute resolution such as mediation No arbltrataon or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval s ~, ~m~ · ~.~^ ~ ~.~ ~ ~ Page 5 o f 10 ARTICLE XII TERMINATION OF AGREEMENT A Notwathstandmg any other pmws~on of this Agreement, e~ther party may terminate thas Agreement by providing thirty- (30) days advance written noUce to the other party B Tlus Agreement may alternatively be terminated xn whole or m part in the event of e~ther party substantmlly fmlmg to fulfill ~ts obhgat~ons under flus Agreement No such termination will be effected unless the other party is gxvan (1) written notice (dehvered by certffied mai1, return receipt requested) of ~ntent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the failure, and (2) an opportumty for consultation with the terminating party prior to termination C If fins Agreement is terminated prior to completmn of the sennces to be prowded hereunder, CONSULTANT shall munechately cease all servxces upon receipt of the written not,ce of termination from OWNER, and shall render a final bill for services to the OWNER wattun twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notme of termination being received by CONSULTANT, in accordance w~th A~t~cle V ofthas Agreement Should the OWNER subsequently contract w~th a new consultant for the contmuatton of serrates on the ProJect, CONSULTANT shall cooperate ~n promdmg information to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable t~me to transition and to turn over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to ttns Agreement to the OWNER on or before the date of termination, but may maintain cop~es of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constxmte, nor be deemed a release of the responsibility and habfllty of the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumption of such reeponslbfllty by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notates, enmmumcat~ons, and reports reqmred or permitted under this Agreement shall be personally dehvered to, or telecop~ed to, or mailed to the respective part,es by deposmng same ~n the Umted States marl at the addresses shown below, postage prepaid, cemfied mai1, remm receipt requested, unless otherwise specffied herein To CONSULTANT To OWNER Freese and Nichols, Inc City of Denton, Texas Robert Pence, Semor V~ce-Pres~dent Howard Martin, ACM/Utfllt~es 4055 Internataonal Plaza, Suite 200 215 East Mclrdnney Fort Worth, Texas 76109 Denton, Texas 76201 Fax (817) 735-7491 Fax (940) 349-8120 All notices given under tins Agreement shall be effective upon then: actual receipt by the party to whom such notice is g~ven ARTICLE XV ENTIRE AGREEMENT Tins Agreement consisting of ten (10) pages and one (1) Extnblt constitutes the complete and final expression of the Agreement of the partaes and is ~ntended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representataons, negotmtlons, discussions, commumcatlons, understandings, and agreements winch may have been made m conneetaon wath the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any proxasaon of tbas Agreement as found or deemed by a court of competent.ltmsdmtlon to be ~nval~d or unenforceable, it shall be considered severable from the remainder of tlus Agreement, and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform fins Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable promslon winch comes as close as possible to expressing the original intentions of the parties respecting any such stricken proxnslon ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereatter be emended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services requnred hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap Page 7 of 10 ARTICLE XIX PERSONNEL A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred to perform all the sermces reqmred under fins Agreement Such personnel shall not be employees or officers of, nor have any contractual relations w~th the OWNER CONSULTANT shall immexhately reform the OWNER m writing of any conflmt of interest or potentml conflict of interest that CONSULTANT may d~scover, or winch may arise dunng the term of tlus Agreement B All servtces reqmred hereunder will be performed by CONSULTANT or under ~ts direct superv~mon All personnel engaged m performing the work prowded for m tins Agreement, shall be quahfied, and shall be anthonzed and penmtted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest ~n this Agreement and shall not transfer any interest m tins Agreement (whether by ass~gmnent, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly not~fy OWNER in wnUng of any change of ~ts name as well as of any s~gmficant change ~n ~ts corporate structure or in ~ts operaUons ARTICLE XXI MODIFICATION No wmver or modfficatlon of tins Agreement or of any covenant, condition, lnmtat~on herem contmned ,shall be valid unless m writing and duly executed by the party to be charged therewith No ewdence of any waiver or mochficaUon shall be offered or received in ewdence m any proceeding arising between the parties hereto arising out of, or affecting fins Agreement, or the rights or obhgat~ons of the parhes hereunder, unless such wmver or modfficatlon is in writing, duly executed The parttes further agree that the prowslons ofttus Amcle will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exinint is attached to, incorporated herewith by reference, and is made a part of tins Agreement for all purposes pertinent Exinb~t "A" - "Scope of Sermees and Estimate of Hours and Cost - Final Design and Construction Phase Serwces" April 2000 [as modffied on May, 8, 2000] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under tins Agreement, have access to and the right to examine any (hrectly perhnent hooks, documents, papers and records of the CONSULTANT revolving transacUons relating to tins Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and s~.~.~,~,c~o,.~^ F~,~,.~w.~. Page 8 of 10 shall be provided adequate and appropriate working space ~n order to conduct examinations or audits m comphance w~th tins Article OWNER shall 10Ye CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any stat or cause of action under tins Agreement shall he exclusively in Denton County, Texas Tins Agreement shall be governed by and constmed m accordance w~th the laws of the State of Texas D For purposes of tins Agreement, the part,es agree that the ProJect Manager shall be Ray Longona, Pnnmpal, P E, and the key persons who wall perform most of the work as the Project Team under, and m accordance wath tins Agreement, shall be as specffically ~dentffied and set forth ~n Section "A," page A-2 of the "Scope of Serwces and Estimate of Hours and Cost" document attached hereto as Extuint "A" Ttus Agreement has been entered mto with the understanding, expectation, and the OWNER's rehance, that the above-stated employees of CONSULTANT shall perform all or a slgmficant po~on of the work on the ProJect Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respectmg one or more of the above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably wathhold Notinng hereto shall lmut CONSULTANT from using other qualified and competent members of ~ts lam to perform the other ~ncidental services reqmred herem, under 1ts superws~on or control E CONSULTANT shall commence, carry on, and complete its work on the ProJect with all apphcable dispatch, and m a sound, econommal, efficient manner, and m accordance w~th the prowslons hereof In accomphsinng the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work mvolved is properly coordinated with any related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placmg at the CONSULTANT's disposal all avatlable reformation pertinent to the ProJect, lncludmg prewous reports, any other data relative to the Project and arranlong for the access to, and make all provisions for the CONSULTANT to enter m or upon, public and private property as required for the CONSULTANT to perform professional services under tins Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon ~nformat~on furmshed to ~t by OWNER without the need for further mqmry or investigation into such information G The captions of tins Agreement are for reformational purposes only and shall not m any way affect the substantive terms or conditions of tins Agreement 1N WITNESS WHEREOF, the OWNER, the Oty of Denton, Texas has executed tins Agreement in four (4) original counterparts, by and through its duly-authorized Oty Manager, and CONSULTANT has executed tins Agreement by and through ~ts duly-authorized undersigned officer on tins the day of ,2000 "OWNER" CITY OF DENTON, TEXAS By M~chael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" FREESE AND NICHOLS, INC A Texas CorporaUon By ATTEST Aoenda Item._?_~_-.~ Date ~?~/O~ _ AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2000 DEPARTMENT: Parks and Kecreat~n Department ACM: Dave Hill -~ SUBJECT: Hold a public hearing and consider adoptton of an Ordinance granting approval of a sub- surface use ora port~on of the Bent Creek Park on Ft Worth Dr (U S 377) south of the Kansas City Southern Rmlroad The installation of a Public Utd~ty Easement m accordance w~th Chapter 26 of the Texas Parks and Wlldhfe Code, providing for the ~ssuance of an easement and providing an effective date BACKGROUND: The C~ty of Denton Water Utllmes has requested the use of park land for the purpose stated, m order to provide a new trunk water line to the southwestern part of the city State law as defined m Chapter 26 Protection of Pubhc Parks and Recreational Lands of the Texas Parks and W~ldhfe Code requires that a "(a) munlc~pahty of this state may not approve any program or project that reqmres the use or taking of any pubhc land designated and used prior to the arrangement of the program or project as a park unless the mumc~pahty, acting through ~ts duly authorized governing body or officer, determines that (1) there ~s no feasible and prudent alternative to the use or taking of such land, and (2) the program or project includes all reasonable planning to mmtm~ze harm to the land, as a park, resoltmg fi.om the use or talang (b) A finding may be made only after not,ce and a hearing as reqmred by th~s chapter" If the proposed water and sewer hne easement is allowed, a value must be placed on the 1008 67 linear foot section and charged to the City of Denton In addition, land d~sturbed m the park wdl be returned to ~ts original condttlon Parks and Recreation Department and the City of Denton Engineering staff' have reviewed all other possible alternatives These alternatives included · Select another route through the city that would by-pass the park area A routing study was conducted After review of four routes, the requested route was determined to be the most cost effective with less slope installation problems and the ability to serve future customers without under street water taps · Terminate the new water hne prior to th~s location This option will not provide for future development in the south side of the city OPTIONS: Because other solutions to this issue have proven to not be feasible, the option remains to approve the use as presented or require the City of Denton to begin obtaining easements through adjacent property owners RECOMMENDATION: After reviewing all other alternatives, staff recommends approval of this use of Bent Creek Park for a Public Utility Easement There would be no major impact on current park operations or programs The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land ESTIMATED SCHEDULE OF PROJECT: Construction on this development is projected to begin in fall 2000 PRIOR ACTION/REVIEW: The Park and Recreation Board considered this item at their April 27,2000 meeting and recommend approval (Exhibit B Park Board M~nutes) FISCAL INFORMATION: Compensation related to this use is still under discussion with the City of Denton It is reasonable to expect that improvements directly related to programs and/or facilities on the Bent Creek Park will be provided BID INFORMATION. Not applicable EXHIBITS: Ordinance Map (Exhibit A) Park and Recreation Board minutes April 27, 2000 (Exhibit B) Respectfully Submitted Ed Hodney,/b~rector Parks and Recreation Department Prepared by 'Bob Tlckner, Supenntendent Parks and Recreation Department 2 ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF BENT CREEK PARK ON FT WORTH DRIVE (U S 377) SOUTH OF THE KANSAS CITY SOUTHERN RAILROAD FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT 1N ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A PUBLIC UTILITY EASEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the Clty Council finds after notme and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to mimmize harm to the park resulting from such use, and WHEREAS, the City of Denton desires to improve pubhc water utility service to the City of Denton by constructing a 20" water line 1008 67 linear feet across the fi'enrage of the park, and WHEREAS, the City of Denton desires to prowde the public utility easement smee alternative options would not be feasible and prudent, and WHEREAS, the City provided notice in the Denton Record Chromcle on April 23, April 30, and February 7, 2000 of a Public Hearing to be held on Mayl6, 2000 in the Council Chambers to consider the alternatives to the use of City Park for the water line project, and WHEREAS, the City Council on May 16, 2000, received testimony at a public heanng on the issues of no feasible and pmdant alternative to the use of the property for the proposed project and that the project includes all reasonable planmng to minimize harm to the Bent Creek Park resulting from the public street crossing, and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject water line project includes all reasonable planmng to minimize harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The public utility easement proposed by the City of Denton Water Utflmes(the "Project") shall be constructed and maintained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the water line be constructed in a manner so that the park land may stall be used by its patrons after completion of the Project in the same manner it was used prior to the ProJect SECTION 2 A public utility easement shall be signed by the City Manager or bas designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropnate provision to insure the improvements are constructed in accordance with City Subdlvmlon Rules and Regulations, protects the patrons using the park from injury and damage both dunng and after construction of the ProJect, compensates for the reasonable market value of the use hereto granted and generally protect the health, safety and general welfare of the City ~ Dunng constmctaon of the ProJect, temporary use of such additional park land necessary to stage the constmctaon of the xmprovements may be approved by the Director of Parks and Recreation Department However, at the completion of the constmctaon actawtaes for the ProJect such add~taonal park land shall be restored to the condition to which it exmted prior to the begmmng of such constmctaon actawtaes ~ The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City ~ The findings eontmned ~n the preamble of tins ordinance are incorporated ~mo the body of this orchnance ~C,.T. LQ.I~ This orrhnance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the __ day of ,2000 , MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERB~OU~ATTORNEY 5 Page 2 of 2 EXHiBiT FIELD NOTES 20' PERMANENT PUBLIC UTILITY EASEMENT 0 588 ACRES CITY OF DENTON Being all that certain Int, tract or parcel of land situated In the B B B & C R R Company Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, City of Denton 'Denton County, Texas, being part of that certain called 21 472 acre tract of land described in deed to thc City of Danton, Texas, recorded under Clerk's File Numbcr 9%055783 of the Real Property Records of Danton County, Texas, and being more particularly descnbed as follows BEGINNING at th~ most northerly comer of said 21 472 acre tract, said point being the lntersecllon of the southeasterly line ofU S Highway 377 (200' right-of-way) with the southwesterly line of the Atchison, Topeka and Santa Fe Rallwad Company right-of-way (150' right-of-way), THENCE S 34°35'57'' E, 106 07 feet, along the southwesterly line of said railroad and the northeasterly line of said 21 472 acre tract to a point, THENCE N 86o13'35" W, 111 38 feet, to a point that is 20 feet from at right angles to the southeasterly right-of-way of said U S Highway 377, THENCE S 44039'03'. E, 1008 67 feet, parallel with and 20 feet from at right angles to the southeasterly right-of-way line of said U S Highway 377, to a point in a creek on the west line of said 21 472 acre tract, same being on thc east linc of that certain called 192 5 acre tract of land descnbed tn deed to V D Bumh, reeorded in Volume 288, Page 137 of the Deed Records of Denton County, Texas, THENCE N 15°4659" W, 22 99 feet, with said creek along the east line of smd Butch tract and the west line of said 21 472 acre tract to lhe northwest comer thereof on the sontheasteriy hne of said U S Highway 377, THENCE N 44o39'03" E, 1090 00 feet along the southeasterly line of said U S Highway 377 and the northwesterly line of said 21 472 acre tract to the POINT OF BEGINNING and containing approximately 0 588 acres of land kmm 99163ula wpd 6 FIELD NOTES 30' TEMPORARY PUBLIC UTILITY EASEMENT 0 776 ACRES CITY OF DENTON Being all that certain lot, tract or paree| of land situated m the B B B & C R R Company Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, City of Deuton, Denton County, Texas, being part of that certain called 21 472 acre tract of land described m deed to the City of Deuton, Texas, recorded under Clerk's File Number 97-055783 of the Real Property Records of Danton County, Texas, and being more particularly dascrthed as follows BEGINNING at a point on the northeasterly line of said 21 472 acre tract and the southwesterly line of the Atchison, Topeka and Santa Fe Railroad Company right-of-way (150' right-of-way), from which point the northwest comer of said 21 472 acre tract bears N 34°35'$7'' W, 106 07 feet, THENCE S 34°35'$7' E, 38 27 feet, along the southwesterly line of said railroad and thc northeasterly line of said 21 472 acre tract, to a point, THENCE N 86°13'35'' W, 121 42 feet, to a point that is 50 feet fi.om at right angles to thc southeasterly right-of-way ofU S Highway 377 (200' right-of-way), THENCE S 44°39'03'' W, 1011 98 feet, parallel with and 50 feet from at nght angles to the southeasterly right-of-way line of said U S Highway 377, to a point on the west line of said 21 472 acre tract in a creek, same being on the east line of that certmn called 192 5 acre tract of land described In deed to V D Butch, recorded in Volume 288, Page 137 of the Deed Records of Denton County, Texas, THENCE N 15°46'$9'' W, 34 49 feet, wtth said creek along the east line of said Bureh tract and the west line of said 21 472 acre tract, to a point that is 20 feet fi.om at right angles to the northwesterly line thereof and the southeasterly line of said U S Highway 377, THENCE N 44°39'03'' E, 1008 67 feet, parallel with and 20 feet fi.om at right angles to the southeasterly line of said U S Highway 377 and thc northwesterly linc of s/ad 21 472 acre tract, to a point, THENCE S 86°13'35" E, 111 38 feet, to the POINT OF BEGINNING and containing approximately 0 776 acres of land kmm 99163ulb wpd ~ '7 0 588 Acres Ity of C Denton 97-R055785N 21 4721 Acres Temporary Construction Eosement I ~ 0776 Ac~es EXHIBIT for 20' Ut~h~ Easement and 30' Tempora~ C~stmction Easement C~ of ~t~ Tra~ B B.B & C ~ ~MP~Y SURLY, ABSTRACT NO W RO~K 8URV~, ~6~CT NO 1087 C~ OF DENTON DE~ON COUP, ~ Is 3435'57" g 15827' w 15449, I DRA~ ~Y A Nold DA~ 02/07/00 SCALE 1-200 JOB NO 8 Apn127, ?an0 EXHIBIT North Lakes Recrcat~on Center Members present Don Edwards, Brandon Barnes, Dalton Gregory, and Dale Yeatts Members absent Teresa Andress, unexcused, Gwendolyn Carter, excused, and Brenda Plulhps, excused Staff pre~ent Ed Hodney, Bob Tlckner, Janet S~mpson, Kathy Mosby, and Janle McLeod Chmrman Don Edwards called the meeting to order at 6 03 p m APPROVAL OF MINUTES A moron was made by Dalton Gregory and seconded by Dale YeaRs to approve the minutes of the March 23, 2000 meeting The motion was passed ACTION ITEMS Consider Use of Bent Creek Park to Construct a Water Line Bob Tickner smd that a route study has determined that the best locaUon for a water line to be constructed by the C~ty Water department ~s across the front of Bent Creek Park Bob smd the hne may benefit Parks for future trngatJon and restroom uses Dale YeaRs asked if the line would be underground Bob rephed yes Don Edwards asked if any trees would be effected Bob replied that no trees were m the Pdght of Way He added that the hnes were In a flood plain Dalton Gregory made a motion to approval of the use of Bent Creek Park for a Public Utthty Easement Brandon Barnes seconded the motion and the moUon was passed Consider Use of Rail Trail to Construct Storm Drainage Improvements Bob said that the Shady Oaks Industrial Park has requested the use of park land for the purpose of prowdmg a stormwater drain outlet onto the Denton Branch Rml Trail He added that putting m a ptpe and catch harm would enable water from the trail to be drained properly Dale asked how would the pipe effect the trail Bob said the pipes would be underground and cut across under Shady Oaks Dale asked ~f there would be any flooding on the trail Bob said the retention pond on the development would keep the trail from flooding Bob added that he doesn't see any negative effects on the trails and should be to our benefit Dalton Gregory moved that the Denton Branch Rail Trail be used for an offslte Drainage Easement Dale YeaRs seconded the motion and the motion was passed Agenda Item_ AGENDA DATE: May 16, 2000 DEPARTMENT: Parks and Rec. re~on Department ACM: Dave Hill SUBJECT: Hold a pubhc hearing and consider adoption of an Ordinance granting approval of a sub- surface use of the Denton Branch Rail Trail at Shady Oaks Drive for the installation of a Drainage Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and prowding an effective date BACKGROUND: The Shady Oaks Industrial Park has requested the use of park land for the purpose stated, in order to provide a stormwatar drain outlet onto the Denton Branch Rail Trail State law as defined in Chapter 26 Protection of Pubhc Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that a "(a) municipality of this state may not approve any program or project that requires the use or talang of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that (1) there is no feasible and prudent alternative to the use or talang of such land, and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking (b) A finding may be made only after notice and a hearing as required by this chapter" If the proposed water and sewer line easement is allowed, a value must be placed on the 100 linear foot section and charged to the City of Denton In addition, land disturbed in the park wall be returned to its original condition The Parks and Recreation Department and the City of Denton Drainage Engineering staff have reviewed all other possible alternatives These alternatives included * Select another route that would by-pass the park area A routing study was conducted After review it was determined that water naturally sheet flows on to the Trail from this site The development of the site will require the addition of a retention pond to control the runoff The release of water will be reqmred to placed in a pipe and discharged on to the Trail A yard drain catch basin will be installed on the trail as part of the construction to alleviate drainage on the trail as well · Not allow the pipe easement on the trail This option will not provide for future development of adjacent property in a feasible and reasonable manner OPTIONS: Because other solutions to this issue have proven to not be feasible, the option remains to approve the use as presented or require the developer to begin obtaining easements through adjacent property owners RECOMMENDATION: At~er reviewing all other alternatives, staff recommends approval of this use of the Denton Branch Rail Trail for an offme Drainage Easement There would be no major impact on current park operations or programs The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land ESTI3n_ATED SCHEDULE OF PROJECT. Construction on this development is projected to begin in fall 2000 PRIOR ACTION/REVIEW: The Park and Recreation Board considered this item at their April 27, 2000 meeting and recommend approval (Exhibit B, Park and Recreation Board IVhnutes April 27, 2000) FISCAL INFORMATION: Compensation related to this use is still under discussion with the Developer It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch Raft Trail will be provided ~RMATION: Not applicable EXI~IB1TS: Ordinance Map (Exhibit A) Park and Recreation Board minutes April 27, 2000 (Exhibit B) Respectfully Submitted Ed Hodney, Dlr6ctor Parks and Recreation Department Prepared by ~b ~lckne'~, ~up~nntendent Parks and Recreation Department 2 3 ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE DENTON BlkiNCH RAIL/TRAIL AT SHADY OAKS DRIVE FOR THE PURPOSE OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A DRAINAGE EASEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after not,ce and heanng that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planmng to mlmmlze harm to the park resulting fi.om such use, and WHEREAS, the City of Denton desires to provide for a required drainage easement of approximately 100 lmear feet across the trail for proper stormwater drainage, and WHEREAS, Shady Oaks Industrial Park desires to construct a stormwater drmnage pipe across the Denton Branch Rall/Tr~ul since alternative options would not be feasible and prudent, and WltEREAS, the City provided notice ~n the Denton Record Chromcle on April 23, April 30, and May 7, 2000 ora Public Heanng to be held on May 16, 2000 ~n the Council Chambers to consider the alternatives to the use of City Park for the subject stormwater drmnage easement, and WHEREAS, the C~ty Council on May 16, 2000, received testimony at a public heanng on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planmng to mlmm~ze harm to the Denton Branch Rml/Trad resulting from the clrmnage easement, and WHEREAS, the City Council finds that the project does not fall wlttun the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the C~ty Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject stormwater drmnage project mcludes all reasonable planmng to m~mmlze harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Drainage Easement and stormwater plpehne proposed by the Shady Oaks Industrial Park (the "Project") shall be constructed and mmntamed below the surface of the park property described m Exhibit A, wtuch is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the stormwater drainage pipe shall 4 be constructed in a manner so that the park land may still be used by its patrons after completion of the Project m the same manner it was used prior to the Project ~ A drainage easement which is revocable as required by law (National Trails System Act, 16 U S C 1247(d)) shall be signed by the C~ty Manager or has designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above w~th appropriate provision to insure the improvements are constructed m accordance with C~ty Subthvasaon Rules and Regulations, protects the patrons using the park from ~njury and damage both dunng and after construction of the Project, compensates for the reasonable market value of the use hereto granted and generally protect the health, safety and general welfare of the City ~ Dunng constrnctlon of the Project, temporary use of such additional park land necessary to stage the construction of the Improvements may be approved by the Director of Parks and Recreation Department However, at the completion of the construction act~vmes for the Project such addmonal park land shall be restored to the condition to which at existed prior to the beginning of such construction actavmes E T~_QT.!.Q..~ The rights and benefits set forth in this ordinance may not be assigned w~thout the express written consent of the City ~ The findings contained an the preamble of this ordinance are ~ncorporated ~nto the body of this ordinance ~ Tlus ordinance shall become effectxve ~mmed~ately upon ItS passage and approval PASSED AND APPROVED flus the day of ,2000 , MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By Page 2 of 2 FIELD NOTES FOR A 16' WIDE DRAINAGE AND UTILITY EASEMENT BEING 0 029 ACRES OF LAND SITUATED IN THE [ t 1266, cITY IF DENTON, DENTON COUNTY, TEXA DESCRIBED AS FOLLOWS, BEGINNING AT A V~ INCH IRON ROD FOUND AT ~ RIGHT-OF-WAY LINE OF SHADY OAKS DRIVE (A SOUTHWEST RIGHT-OF-WAY OF M K T KAn. ROt ABANDONED), SAID PIN ALSO BEING THE NORT LOT 9B, BLOCK C, OF SHADY OAKS INDUSTRIAL PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE ALONG A CURVE TO THE LEFT HAVING MINUTES 42 SECONDS, A RADIUS OF 910 00 FEET CHORDiBEARING OF NORTH 27 DEGREES 36 MIN CORNER, THENCE SOUTH 64 DEGREES 55 MINUTES 11 SECG,.~.o aha ~, ~x ~1~ 1ANLE OF 16 00 FEET TO A POINT FOR A CORNER, THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05 DEGREES 03 MINLrrES 42 SECONDS, A RADIUS OF 926 00 FEET, AN ARC LENGTH OF 81 80 FEET, AND A CHORD BEARING OF SOUTH 27 DEGREES 36 MINI~ES 40 SECONDS WEST, TO A CORNER ON THE SOUTHWEST RIGHT-OF WAY OF M K T RAILROAD AND THE NORTH LINE OF SAID LOT 9B BLOCK C, OF SHADY OAKS INDUSTRIAL PARK, THENCE NORTH 59 DEGREES 51 NflN"GTES 27 SECONDS WEST WITH THE NORTH LINE OF SAID LOT 9B BLOCK C, OF SHADY OAKS INDUSTRIAL PARK, A DISTANCE OF 16 00 FEET TO THE POINT OF BEGINNING 6 Parks and Recreation Adwsory Board DRAFT Apral 27, 2000 North Lakes Recreation Center Members present Don Edwards, Brandon Barnes, Dalton Gregory, and Dale Yeatts Members absent Teresa Andress, unexcused, Gwendolyn Carter, excused, and Brenda Phflhps, excused Staff present Ed Hodney, Bob T~ckner, Janet Simpson, Kathy Mosby, and Janle McLeod Chairman Don Edwards called the meeting to order at 6 03 p m APPROVAL OF MINUTES A motion was made by Dalton Gregory and seconded by Dale Yeatts to approve the minutes of the March 23, 2000 meeting The motion was passed ACTION ITEMS Consider Use of Bent Creek Park to Construct a Water Line Bob Tlckner soad that a route study has determined that the best location for a water hne to be constructed by the C~ty Water department is across the front of Bent Creek Park Bob smd the hne may benefit Parks for future irrigation and restroom uses Dale Yeatts asked ff the hne would be underground Bob rephed yes Don Edwards asked if any trees would be effected Bob rephed that no trees were m the R~ght of Way He added that the hnes were m a flood plato Dalton Gregory made a motion to approval of the use of Bent Creek Park for a Pubhc Utlhty Easement Brandon Barnes seconded the motion and the motion was passed Consider Use of Rail Trati to Construct Storm Dramage Improvements Bob said that the Shady Oaks Industrial Park has requested the use of park land for the purpose of provulmg a stormwater drmn outlet onto the Denton Branch Raft Trail He added that puttmg in a pipe and catch basin would enable water from the trail to be drained properly Dale asked how would the p~pe effect the trml Bob smd the p~pes would be underground and cut across under Shady Oaks Dale asked if there would be any flooding on the trml Bob smd the retention pond on the development would keep the trail from flooding Bob added that he doesn't see any negative effects on the trmls and should be to our benefit Dalton Gregory moved that the Denton Branch Rad Trad be used for an offs~te Drmnage Easement Dale Yeatts seconded the motion and the motion was passed AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2000 DEP~TMENT: Plying Dep~haent C~C~ACM: Dawd H~ll, ~49-8314 SUlglECT - A-99 (Sherman Road.~rena &te) Hold the first of two public hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 in the extratemtonal jurisdiction of the City of Denton, Texas The zomng at the time of the annexation vail be Agricultural (A) BACKGROUND In accordance w~th the City's annexation policy plan, approved m June 1993, the City will "assess on a case by case basis the annexation of areas m the ETJ when significant developments are proposed" On February 24, 2000 the Development Review Committee reviewe0 a Pre-design apphcat~un for a proposed development consisting of 53± acres for a 10,000 seat arena, 1,000 animal stalls, parlong and a multi-story hotel, 14-15 acres of commercial development, 156+ acres residential (104 lots), and 58+ acres open space · The Comprehensive Plan identifies this property to be within the "Neighborhood Centers" District These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers' The property also has 100-year floodplain on it Although Smgle-farmly development is consistent vath the intent of the Comprehensive Plan the proposed arena, hotel and commercial development is not · On March 28, 2000, City Council threeted staff to inmate annexation proceedmgs A preliminary annexation Service Plan has been prepared for City Council and public review dunng the annexation process (see Attachment 7) The capacity of infrastructure such as water, waste water, streets and electric service and services such as pohce, fire, recreation, and general government are evaluated vath respect to the proposed annexation PRIOR ACTION/REVIEW The following is a chronology of A-99, commonly known as the Sherman Road Arena Site February 24, 2000 - DRC Pre-design March 28, 2000 - City Council directs staff to m~t~ate annexation proceedings FISCAL I[NFORMATION None at this time ESTIMATED PROJECT SCHEDULE This is the first of two public hearings to be conducted by the C~ty Council concerning this annexation. The schedule for public hearings is consistent vnth the reqmrements of State law (See Attachment 3) SUGGESTED RECOMMENDATION The Comprehensive Plan ~dentffies flus property to be w~flun the "Neighborhood Centers" D~stnct These areas may develop m convennonal patterns or may be developed m a pattern of 'neighborhood centers' The property also has 100-year floodplain on it Since flus property ~s outside of the c~ty hm~ts, annexanon ns the logical step to ensure that th~s in fact occurs It will prowde the C~ty of Denton the authority to regulate land use based upon a zoning classfficanon The proponents of the development have met w~th staff and have &scussed the ~mpact of the proposed development mcluchng land use, unhty prowsmn and altemanve timing for the annexanon It ~s annc~pated that they wqll be at the pubhc heanng and will ask the Council for an opportunity to present such detmled project mfonnanon at the May 23, 2000 work sessmn Staff recommends that the Cxty Council conduct a thorough analys~s regarding flus request for annexation ATTACHMENTS 1 Locanon Map 2 Zonln$ Map 3 Annexanon Schedule 4 Unlmes Map 5 Service Plan 6 500 Foot Nonce Map 7 Denton Mobility Map 8 Property owner letter of opposmon D~rector of Planning and Development Prepared by La~ Rd~h~hart ' Assistant D~rector of Planmng and Development 2 ATTACHMENT 1 ~ NORTH Arena Development (A-99) LOCATION MAP Scale None 3. ATTACHMENT 2 ~ NORTH Arena Development (A-99) ZONING MAP Scale None 4. ATTACHMENT 3 A-99 (Sherman Arena) ANNEXATION SCHEDULE April 30, 2000 Notice published in Denton Record-Chromcle for first pubhc hearing a Annexabon Study prepared and available for public review ~ Service Plan prepared and available for pubhc review May 7, 2000 Not~ce pubhshed ~n Denton Record-Chromcle for second City Council pubhc hearing May 14, 2000 Notme pubhshed ~n Denton Record-Chronicle for Planning and Zoning Commms~on pubhc hearing May 16, 2000 C~ty Council conducts first public hearing · Public nobce must be no less than 10 days and no more than 20 days before public hearing May 23, 2000 C~ty Council conducts second pubhc heanng (Special Call Mtg ) · Public not~ce must be no less than 10 days and no more than 20 days before pubhc hearing May 24, 2000 Planning and Zomng Commms~on holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zomng · Pubhc notice must be no less than 10 days before public heanng June 20, 2000 C~ty Council by a four-fifths vote msbtutes annexation proceedings F~rst reading of annexabon ordinance · Acbon must be more than 20 days after the second pubhc hearing but less than 40 days from the first public hearing July 1, 2000 Publicabon of annexation ordinance in Denton Record-Chromcle · Annexation ordinance should be sent to newspaper no later than Fnday, June 23, to ensure ample preparebon bme Aug 1, 2000 City Council by a four-fifths vote takes final action Second reading and adoption of the annexabon ordinance City Council considers approval of zoning request · Council action must be more than 30 days after pubhcatlon of ordinance and less than 90 days after council insbtutes annexation proceedings ATTACHMENT 4 ~ NORTH Arena Development (A-99) UTILITIES MAP · Hydrants ---.--- Water Line (W L) .... Sewer L,ne (S L) Scale None 6. ATTACHMENT 5 ANNEXATION SERVICE PLAN CASE NUMBER A-99 (Sherman Road Arena) AREA 281 Acres LOCATION West Side of Sherman Drive, approximately 3600 feet north of Loop 288 Mtmtc~pal serwces to the s~te described above shall be ftamshed by or on behalf of the C~ty of Denton, Texas, at the follovang levels and ~n accordance wah the following schedule A. Pohee Protection 1 Pohce servme, ~ncludmg patrolhng, response to calls, and other routine functions, wdl be prowded to the property w~thm s~xty (60) days after the effective date of the annexation ustng ex~stmg personnel and eqmpment B F~re Protection 1 Fire protection (vathm the hnnts of ex~st~ng hydrants) and emergency medical services vall be prowded to the property w~thm s~xty (60) days after the effective date of the annexation using ex~stmg personnel and eqmpment C Sohd Waste Collection 1 Sohd waste collection service will bc prowded to the property vathm s~xty (60) days after the effective date of the annexatmn using ex~st~ng personnel and eqmpment D Water/Wastewater Facilities 1 Maintenance of water and wastewater facflmes ~n the area to be annexed that are not vath~n the service area of another water or wastewater utility will be beg~n w~th~n s~xty (60) days after the effective date of thc annexation using extstmg personnel and eqmpment E Drainage 1 Mmntenance and drmnage faeflmes that arc contained w~th~n a pubhc dramage easement m the area to be annexed vail begin vathm mxty (60) days after the effective date of the annexatmn using exmtlng personnel and eqmpment Development of the floodplmn will be subject to City of Denton Subd~ws~on Regulatmns and Interim Development Orchnance F Roads and Streets 1 Mmntenancc of roads and streets, ~ncludmg road and street hghtmg, m thc area to bc annexed vail begin vathm s~xty (60) days after the effective date of the annexation using ex~st~ng personnel and eqmpment ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena G Parks and Recreation Facilities 1 Mmntenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using ex~stlng personnel and equipment However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area H Electric Facdmes 1 Electric ut~hty service wall be prowded wltMn sixty (60) days after the effective date of the annexation using emstmg personnel and eqmpment I L~brary Services 1 Library servxces will be provided wthm s~xty (60) days after the effective date of the annexation using cresting personnel and cqmpment J Code Enforcement 1 Code enforcement services will be provided w~th~n s~xty (60) days after the effective date of the annexation using emstmg personnel and eqmpment K Building Inspections and Consumer Health Services 1 Bmldlng mspectmns and consumer health services wall be provided upon the effective date of the annexation using cresting personnel and cqmpment L Planmng and Development Servnces 1 Planning and development servmes will be provided within sixty (60) days after the effective date of the annexanon using ex~stlng personnel and eqmpment The Planmng and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concermng subdlwslon and land development regulations M Capital Improvements Program (CIP) The CIP of the city ~s prmntlzed according to the following gmdehnes (1) Prowslon of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, estabhshed technical standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan Th~s property will be considered according to the established guidelines ATTACHMENT 6 ~ NORTH Arena Development (A-99) 500' NOTIFICATION MAP Scale None 9 ATTACHMENT 7 ~ NORTH Arena Development (A-99) DENTON MOBILITY PLAN MAP Scale None 10 5-11-20~0 1 13PM FROM PWT 972 $ ATTACHMENT 8 P 2 DONALD J. CARTER 7736 FM 428 Denton, TX 76208 May 9, 2000 To the M~nbcrs of thc Denton City Council and Denton Plamnng & Zomng Comm~ssxon I am the owner of the propmty subject to thc proposed mvolun~ry ~--exalaon and zoning (A-99) I also own thc prop~rty chreclly across Sh=~umn Dnve from the sub3ect property I strongly Oppose the proposed anllexatloll ~ change In zomr g at the current t~me Tins property ~s under con~act to bo sold to Mr Ed P~ckett, Trus~¢, w~th a closing date of May 31, 2000 Thc annexation and re. zoning of thts propert) prior to its acqmsmon by Mr Plckc~ m premature and strongly opposcd by me and m~ wife, Lmda ~o Cm~cr If Mr l~ckctt falls to close on tim purchase of ~h~s property, we havc ~o plans to pursue Mr Pickett's development proposal and have no dcsh~c to sec our property mcox2~orated into thc Ctty of Denton cc Wllham I. Dahlstrom, Esq 11 NOTICE OF PUBLIC HEARING ~~ ~76~ ff=ank Luke ~1~~~ 7736 FM 428, De]lton, TX 76208 12 ^oenda Item. AGENDA DATE: May 16, 2000 DEPARTMENT' Eng~necnng & Transportation ACM David Hill, Assistant City Manag~'~,~ SUBJECT: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 34 "Subdivision and Land Development Regulations", Appendix a-1 "Street Design Specifications" of the Code of Ordinances of the City of Denton, Texas to change the rcqmred street right-of-way widths for primary and secondary arterials, providing a sever ability clause, and providing an effective date BACKGROUND: Thc existing requirements were formulated m the late 1970's and early 1980's They do not allow the current street sections such as a six lane divided arterial with turn lanes to fit into thc street right of way and still leave room for utilities, planting areas, etc The comprehensive plan that was adopted recommends reqmrements that are generally in line with these temporary ones These interim requirements are needed to address projects hke Teasley Lane that need to get the correct right of way dedmated up front Otherwise, the City wall pay cost plus damages on houses, out braidings, landscaping ere as we ent up lots (usually at the rear) for the extra right of way RECOMMENDATION: Approval PRIOR ACTION/REVIEW (Council, Boards, Commissions) Planning and Zoning approved this item on April 26, 2000 Minutes are enclosed FISCAL INFORMATION Right of way dedtcatton ts at the fart market value of the property and ts requtred by the subdivision regulations as needed for the apphcable street sectton Respectfully submitted J~rry~Ciark~ Director Engineering & Transportation -1- ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS", APPENDIX A-I "STREET DESIGN SPECIFICATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO CHANGE THE REQUntED STREET RIGHT-OF-WAY WIDTHS FOR PRIMARY AND SECONDARY ARTERIALS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Engmeer of the City of Demon has recommended that the required right-of-way widths for Pnma~y and Secondarf arterial streets be increased as provided for w]tban tbas ordinance, and WHEREAS, the City Council hereby finds that ~t ~s m the pubhc interest to increase the reqmred right-of-way w~dths of such streets as prowded for m tbas ordinance, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Chapter 34 "Subchv~sion and Land Development Regulations", Appenchx A-I "Street Design Specifications" of the Code of Ordinances of the C~ty of Denton, Texas as hereby amended m part to a increase the required ngba-of-way w~dth for primary arterials to 120 feet, except that smd right-of-way shall flare to 140 feet m width begmmng at a point 250 feet (on both sides of the intersection) from where such primary arterial intersects w~th the nearest right-of-way lme of a primary or secondary arterial, and b mcrease the reqmred right-of-way w~dth for secondary arterials to 90 feet All other provmons of Appendix A-1 not in conflict with thas amendment shall remain m full force and effect The City Manager or bas designee ~s hereby d~reeted to revise said Appendix A- l to conform w~th tbas ordinance SECTION 2 If any prowslon of tbas ordinance or the application thereof to any person or circumstance is held mvahd by any court, such mvahd~ty shall not affect the vahdaty of other provisions or applications, and to tbas end the provmons of tbas ordinance are severable SECTION 3 That tbas orchnance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED tbas the ~ day of ,2000 Page I of 2 JACK MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Page 2 of 2 3 APPENDIX A-I STREET DESIGN SPECIFICATIONS Arter£ale Loc&l/ PrLmary Secondary Collector Res£dentlal Estate (l) Pavement width (face R (36°) 2 (25°)· 44 30 24 w~th 4 to face) (feet) side slope~ (2) H-m~'-~r of traffic 6 4 4 2 2 (3) Lane widths (feet) l! II ~:~) Right-of-Way (feet) fO0** 60 SO 60 80 ) (5) Veh£cle capacity 2,700*** 1,400,*, 790 400 400 policy (vehicles per hour) (6) ~em~gfl s~ed (mph) 45 40 35 30 30 (~) ~Ln~ g~ade (~) 0.5 0.5 0 5 0.5 0 (8) M~ g~ade (~) 1 7 (~eet) (9) ~n~um cente~ X~ne 750 SO0 300 250 250 ~adLuo (~eet) (10) Stopp~ng o~te ~75 27S 250 200 200 d~mtance (~eet) (11) ~in~um median width 14 14 n/a n/a n/a (fee=) (12) M~n~ 89acing 400 400 median o~niflg (13) MLn~ radius for 35 20 20 20 No ln%ersections (feet) {14) Reverse curve 100 100 75 0 0 separation min~ Divided roadways, each with specified width. Right-of-way flares to one hundred twenty (120') feet of right-of-way - one hundred (150') feet from intersection on both sides intersecting other major or secondary arter~al~ Level of Service 9 2. SECONDARY ARTERIAL CITY OF DENTON, TEXAS CITY HALL WEST. 221 N ELM · DENTON, TEXAS 76201 (940) 349-8350 · FAX (940) 349-7707° DFW METRO 434-2529 Memorandum To Planning and Zoning Commission From David Salmon, PE, Eng~neenng Admlmstrator Subj Paght of Way Widths Ordmanee Revision Date 3/21/00 The current nght of way widths required by the City of Denton's Subdivision Regulations were formulated in the late 1970's A copy of the current sectmn of the Subdivision Regulations estabhsbang right of way widths ~s attached With the recent adoption of the comprehensive plan, which includes revised street crossectlons, staff is reevaluating the current standards for nght of way w~dths as part ora rewnte of the Subd~vlmon Regulations The subdlmslon rewrite is expected to take several months In addition, you will recall that a couple of meetings ago, we briefed you on the Teasley Lane Comdor Study That Study mchcates the need to expand Teasley Lane (FM 2181) to 6 lanes with a median within the next 8 to 10 years The City's immediate dilemma is that our reqmred right of way widths for secondary and primary artenals (80 feet and 100 feet respectsvely) is not wide enough to contain the Texas Department of Transportat~on's (TxDOT) standard 4 lane and 6 lane dlwded sections Long term, the current right of way widths are not wide enough to accommodate the street sections included m the Comprehensive Plan which includes expanded parkways to allow utilities behind the curb, wider sidewalks and street trees In short, with all the current development oceumng on Teasley Lane, the City is unable under the current standards to obtain the necessary right of way that TxDOT will need to widen Teasley Lane sufficiently to carry the traffic created by projected development Because of the fast pace in whtch property ~s being platted along Teasley Lane, staff felt that it would be appropriate to make these revisions to the right of way standards now rather than w~th the rewrite of the subdimmon regulations Attached is a draft ordinance, which would increase reqmred nght of way widths for secondary and pnmary arterials to 90 feet and 120 feet respectively You will also note 6 "Dedicated to Quahty Serwce" that on a primary artenal within 250 feet of an mterseet~on with another arterial, the right of way width recommended would be 140 feet to accommodate turn lanes, s~gnal eqmpment, etc In the current standards, 120 feet of right of way is required for a d~stanee of 150 feet under the same circumstances In essence, right of way width as being Increased by 10 feet (5 feet per side) for secondary arterials and 20 feet (10 feet per side) for primary arterials Recommended Motion I recommend to the C~ty Council that the standards for right of way dedication for secondary and primary arterials be increased as proposed by staff ~2 public hearing and consider making a recommendation to the ~3 city Council concerning an ordinance amending Chapter 34, Subdivision and Land Development Regulations Appendix A-i, ~ Street Design Specifications of the Code of Ordinances of 6 the City of Denton, Texas to change the required street 7 right-of-way widths for primary and secondary arterials. 8 At this time I'll open the public hearing and 9 ask Mr. Salmon to provide us with staff report and a 10 recommendation. 11 MR. SALMON: Thank you, Chalr and members of 12 the Commission. It's refreshing for me to be up here 13 talking about something other than a variance for a 14 change. As you stated we are up here th~s evening 15 proposing a change to our required right-of-way widths for 16 arterial streets. Our current standards were formulated 17 in the late 1970's, so they're qu~te old. And actually 18 for two reasons, we're proposing to change the required 19 right-of-way widths. 20 On the overhead, I've got a d~agram -- I know 21 I've given you -- our existing right-of-way width for a 22 primary arterial ~s 100 feet, and we're proposing to 23 change that to 120 feet. We've currently got a 24 right-of-way width of 80 feet for a secondary arterial, 25 and we're proposing 90 feet. With the exception that as PLANNING AND ZONING cOMMISSION APRIL 26, 2000 1 you get -- if you're at the intersection of a primary 2 arterial or actually a primary arterial and another 3 arterial, we're proposing a flare-out, which we already 4 have in the existing ordinance. We currently have a 5 flare-out to 120 feet for a distance of 150. And we're 6 proposing to increase that flare-out to 140 foot width for 7 a distance of 250 feet. And the flare-outs at a ma]or 8 intersection like I'm talking about, you typically have 9 signal boxes and other types of facilities at that 10 ~ntersection, you need to have more room for. 11 What I was getting to is that we've got two 12 reasons, really, that we're proposing to change the 13 right-of-way widths. One reason is more of a current 14 urgent need, and the other reason is more of a future 15 need. 16 Currently, you'll recall that a few weeks ago, 17 we brought you some information on the Teasley Lane 18 Corridor Study. And one of the things we're looking at in 19 that Teasley Lane study is that Teasley is going to have 20 to be widened to 6 lanes divided at some point in the 21 future in order to handle the amount of traffic that will 22 be there. 23 Of course, Teasley Lane is FM 2181 which is a 24 State Highway. The typical State Highway section for a 25 six-lane d~vided road requires 120 feet of right-of-way. PLANNING AND ZONING COMMISSION APRIL 26, 2000 1 We currently have a lot of platting occurring in the 2 Teasley Lane Corridor and our ordinance only allows for 3 100 feet. 4 So, you know, if we don't do something with 5 this ordinance pretty quickly, we're going to lose that 6 window. Of course, Teasley Lane right now is a real high 7 profile issue, obviously, this issue is the same on any 8 of the State Highways that we have here in town that we 9 expect to be six-lane divided in the future. 10 The other part, I guess the other side of the 11 coin or the other issue is that we're also currently, as 12 you know, working on a re-write of our Code of Ordinances 13 or Development Code. And in the Comprehensive Plan that 14 was adopted back, I think, in December, there were some 15 street sections that were included in that. And in that 16 Comprehensive Plan, we're talking about going to a wider 17 parkway to allow for street trees and wider sidewalks. 18 So, of course, in the long-term, this 19 particular change in right-of-way widths will help 20 accommodate those goals that are in our comp plan. We've 21 attached in your backup a copy of the proposed ordinance 22 We've also got a copy of Appendix A-1 out of the current 23 ordinance that shows the exlsting right-of-way widths. 24 Staff is recommending that you recommend to 25 the City Council that the right-of-way widths for primary PLANNING AND ZONING COMMISSION APRIL 26, 2000 1 and secondary arterials be increased as proposed by staff, 2 and I'll be glad to answer any questions you might have. 3 MR. ENGELBRECHT: Commissioners, any 4 questions? It would appear not. Thank you, sir. Ms. 5 Gourd~e -- is there a motion9 Ms. Gourd~e. 6 MS. GOURDIE: I recommend to the City 7 Council -- 8 MR ENGELBRECHT: Oh, I'm sorry. Excuse me 9 lust a moment. Thls is a publlc hearing. I was reminded. l0 In th~s case, the City is the petitioner and so we have 11 heard from the petitioner. Is anyone present who would 12 like to speak in favor of this petltion? Anyone present 13 to speak in favor of the petition9 Is there anyone 14 present who would like to speak in opposltlon to the 15 petition? Anyone present to speak in opposltlOn~ Seeing 16 no opposItion, rebuttal period is waived, and the public 17 hearing is closed. Ms. Gourdle. 18 MS. GOURDIE: Thank you. I recommend to the 19 city Council that the standards for right-of-way 20 dedication for secondary and primary arterials be 21 increased as proposed by staff 22 MR. RISHEL: Second 23 MR. ENGELBRECHT: It's been moved and seconded 24 to recommend approval of the staff recommendatlon. Any 25 discussion on the motion? Mr. Rishel, dld you have -- PLANNING AND ZONING COMMISSION APRIL 26, 2000 1 MR. RISHEL: No, I think it supports my own 2 personal theory that we need to be looking at wider 3 streets and not narrower streets throughout our City and 4 throughout our thinking process We lust drive bigger 5 cars and bigger vehicles and open space looks better in 6 our community. So I will be supporting this. 7 MR. ENGELBRECHT: I can't pass up the 8 opportunity to say I agree in the primary arterials and 9 the arterials. I'm still not sure in our neighborhoods 10 that wider streets are the best thing. There's a mixed 11 bag of information from planning and traffic studies and 12 everyone else as to whether our residential streets should 13 be wider or narrower. Don't want to let that go away. 14 MR. MCNEILL: Question. 15 MR. ENGELBRECHT: Mr McNeill 16 MR. MCNEILL: No, I'm calling for the 17 question. 18 MR. ENGELBRECHT: Oh, okay. Let's vote 19 please. Motion carries unanimously Thank you 2O 21 22 23 24 25 PLANNING AND ZONING cOMMISSION APRIL 26, 2000 12 Agenda N0 Dais AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2000 DEPARTMENT: Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Hold a pubhc heanng and consider an ordmance adopting amendments to the interim Residential Regulations, Ordinance No 2000-046 to mo&fy exemptions of certain types of apphcaUons BACKGROUND At the April 25, 2000 work session, City Council chrected staff to revise the InterLm Residential Regulations (Ordinance 2000-046) to address the fnllowlng area of concern Small development ($ acre) exemption The current exemptmn for small developments is limited to parcels of 5 acres or less that also qualify as a Minor Plat The Minor Plat provision only apphes to property where no pubhc ~mprovements are requtred, wluch allows very few developments to qualify for this exemption The removal of the IVhnor Plat requirement will allow all residentially zoned property to be exempt from the regulations The text would be changed as follows Section A.3. Exemptions. Tins ordinance does not apply to (a) a restdentaal development apphcatlon for approval of a m:n.~r Flat for land not more than 5 acres m size, OPTIONS 1 Amend the Interim Residential Ordinance 2 Make no changes to the interim ordinance RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) PRIOR AC'FION/REVIEW February 1, 2000 City Council adoption of Interim Res~demml Ordinance April 25, 2000 C~ty Council thrects staff to revise the Ordinance May 10, 2000 Planmng and Zoning Commlssmn recommends approval (7-0) FISCAL INFORMATION N/A ATTACHMENTS 1 Draft Ordinance Respectfully submitted D~rector of Planning and Development ATTACHMENT 1 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2000-046 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-046 (the "Residential Interim Regulations") to ,mplement portions of the new Comprehensive Plan on an interim basis until such tame as the City comprehensively amends its Code of Ordinances to implement the new Comprehensive Plan's pol, ces, goals and strategies, and WHEREAS, the C,ty Counml finds that it is m the pubhc interest to make certmn amendments to the Resident, al Interim Regulatxons relating to the exemptions, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Subsection A 3(a) of Ordinance No 2000-046 pertmn, ng to an exemptxon for land contmmng 5 acres or less Is hereby amended to read as follows This orchnance does not apply to (a) a resxdentlal development apphcaUon for approval of land not more than 5 acres iff SIZe, SECTION 2 All other prowslons of Ordinance No 2000-046 shall remain in full force and effect SECTION 3 If any prov,slon of this ordinance or the apphcatlon thereof to any person or circumstance xs held invalid by any court, such lnvahdlty shall not affect the Valldlty of other provisions or applications, and to fins end the provisions of this ordinance are severable SECTION 4 Ttus ordinance shall become effective upon the date of xts passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR 3 Page 1 of 2 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY/ATTORNEY ~~/~ ~/ By -~/// /~ 4 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2000 DEPARTMENT: Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Hold a pubho hearing and consider an ordinance adopting amendments to the interim Non-Residential Regulations, Ordinance No 2000-069 to change a defumUon and add an exemption for certain types of applications At the April 25, 2000 work session, City Council chrected staff to revise the Intertm Non-Residential Regulations (Orchnance 2000-069) to address the following areas of concern 1 Building permits The current language includes bmldmg permits vathin the definition of a "development application", wbach makes a development that only needs a bmlding permit subject to the ordinance The inclusion of bmldmg permits in the definition of "development apphcation" was a change made to allow property to be platted prior to receiving Project Plan approval and was not mtanded to make braiding permits subject to the provisions of the orchnance However, allowing all property that is currently zoned and platted to be exempt from the ordinance would elunmate any design review requirement Removmg" bmldmg permits" from the Development application defimtion voll address this lssne 2 Exemptions for additions The current language does not provide for any exemptions for additions to existing braidings All bmkhng permits are covered by the orchnance v~thout regard to the size of the construction Adding an exemption for bmldmg expanmons and/or additions of less than 10 percent of the ex~stmg structure or 1,000 square feet, which ever is less, would allow minor expansions to proceed vothout being subject to the Ordinance The text would be changed as follows SECTION B. DEFINITIONS. Development ao~hcation means the apphcat~on form and all accompanying documents and extubtts required of the applicant by the City for development review purposes and includes any of the fullowmg applications for nonresidential uses zonings, rezomngs, planned developments, concept plans, detailed plans, development plans, preliminary and final plats;, Section A.3. Exemptions. c on¥ bmldmo exoanslons and/or ~ddmons to an existing building or structure of less than 10%. or 1.000 ~uare feet. wbach ever is less OPTIONS 1 Amend the Interim Non-Resldentml Orchnance 2 Make no changes to the interim ordinance RECOMMENDATION The Planing and Zomng Commission recommends approval (7-0) PRIOR ACTION/REVIEW March 2, 2000 City Council adoption of Interim Nonrestdentml Or&nance April 25, 2000 City Councd dutects staff to revise the or&nance May 10, 2000 Planning and Zoning Comnussion recommends approval (7-0) FISCAL INFORMATION N/A ATTACHMENTS 1 Draft Ordinance Respectfully submitted Douglas S Powell, AICP Director of Planning and Development 2 ATTACHMENT 1 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2000-069 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-069 (the "Nonresldenual Interim Regulations") to implement portions of the new Comprehensive Plan on an interim basis until such ttme as the City comprehensively amends ~ts Code of Ordinances to implement the new Comprehensive Plan's pollcoS, goals and strategies, and WHEREAS, the C~ty Council finds that it is in the public interest to make certain amendments to the Nonresidential Intenna Regulations, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 SeeUon B of Ordmance No 2000-069 as it pertams to a defimt~on of"Development Apphcalaon" as hereby amended to read as follows Development am~llcation means the application form and all accompanying documents and exinblts reqmred of the applicant by the City for development review purposes and includes any of the fullowmg apphcatlons for nonresidential uses zomngs, rezonmgs, planned developments, concept plans, detailed plans, development plans, prehmlnary plats and final plats SECTION2 Subsect~onA3 Exemptions ofOr(hnanceNo 2000-691s hereby amended to add the following exemptton Tlus Ordinance does not apply to c any bufldmg expansions and/or additions to an exlstmg bmkhng or structure of less than 10%, or 1000 square feet, winch ever is less SECTION 2 All other prowslons of Ordinance No 2000-069 shall remmn in full force and effect SECTION 3 If any provision of tins ordinance or the application thereof to any person or circumstance ~s held invalid by any court, such invalidity shall not affect the validity of other provisions or apphcatmns, and to tins end the provisions of tins ordinance are severable SECTION 4 Tins ordinance shall become effecUve upon the date of its passage and approval 3 Page 1 of 2 PASSED AND APPROVED tlus the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERB~~O~ITY ATTORNEY 4 Page 2 of 2 Agenda AGENDA INFORMATION SHEET Agenda AGENDA DATE: May 16, 2000 DEPARTMENT' Planning Department CM/DCM/ACM: Dave Hill, 349-8314~ SUBJECT - Z-00-004 (Behmng Place) Hold a public heanng and consider approval of a Detailed Plan to change 0 519 acres from SF~7 zoning district to Planned Development (PD) zoning district The property is located 95 feet east of the mterseetton of Ruddell Street and May Street A 3-lot slngle-£amfly subdivtslon is proposed The Planmng and Zomng Commission recommended approval (6-1) with condttlons BACKGROUND The apphcant has requested the approval ora detailed plan to rezone a 0 519 acre tract from SF-7 zoning district to Planned Development (PD) zoning dtstnct The detailed plan is for 3-lot single-family subdlwslon ranging tn lot size from 6,500 square feet to more than 9,000 square feet On April 4, 2000 arehef from Ordinance 2000-046 was granted by the City Council ~ The subject property is located in a SF-7 zonmg district created m 1969 with the City of Denton's first zoning ordinance ~ The proposed development is consistent with all of the pohcles of the 1999-2020 Denton Comprehensive Plan >Stxteen (16) property owners were noUfied of the zoning request No responses have been received PRIOR ACTION/REVIEW The following ts a chronology of Z-00-004, commonly known as Behmng Place Appheatlon Date - March 15, 2000 DRC Date(s) - March 23, 2000 P&Z Date - April 26, 2000 ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior any development INFORMATION Development of this property will increase the assessed value of the city, county, and school district As a form of mffil development, no extension of public infrastructure is necessary to service this site P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1) of this zoning request with the following con&tlons 1 That the permitted land uses be restricted to those described on the Detmled Plan in the list attached to the Or&nance and referenced as Exhibit B 2 Bmldmg elevations for all new buildings shall be similar to the example attached to the Ordmance and referenced as Exhibit C 3 A site plan shall be submitted to, rewewed and approved by staff, for the proposed shared driveway to be extended further north to allow efficient vehicle maneuvenng entering and exiting the off-street parking OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, April 26, 2000, Z-00-004 2 Planning and Zoning Commission minutes from April 26, 2000 3 Draft Ordinance Respectfully submitted Douglas~S Powell, AICP Director of Planning and Development Prep/afipd by ATTACHMENT 1 Agenda No O ~ - ! ~) I Agenda Item 7 PLANNING AND ZONING COMMISSION STAFF REPORT SUble~t Behnlng PlaGe Ga~e Number Z-00-004 ~taff Deborah V~era A~enda Date Apnl 26, 2000 Hold a pubho heanng and oon~der making a reoommendahon to the O~ty Oounoll oon~ermng the a Detailed Plan to ohange of 0 619 aore~ from a SF-7 zomng d~stnGt to a Planned Development (~D) zomng d~atnot A ~ngle-fam~ly 8ubd~vm~on ~s proposed LOCATION MAP Location 95 feet East of the ~ntersect~on of Ruddell and May Street S~ze 0 519 acres Z 00 004 Apphcant Mark Behnmg Owner Mark Behmng 2224 Woodbmok 2224 Woodbrook Denton, TX 76205 Denton, TX 76205 The applicant is requesting approval of a detmled plan to change from a SF-7 zoning d~stnct to a Planned Development (PD) zomng d~str~ct The detailed plan encompasses 0 519 acres and proposes 3 s~ngle-fam~ly dwelling un~ts on lots ranging from 6,500 square feet to more than 9,000 square feet Add~bonal design cr~tena ~s ~denbfled ~n the supplemental ,nformat~on (see Exhibit C) attached as conditions of approval ~n the ordinance (see Enclosure 5) 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan shows th~s area to be w~thln an Existing Residential/ Inflll Compatlblhty Area (see Enclosure 6) W~th~n established res~denbal areas, new development should respond to ex~stmg development with compabble uses, patterns, and design standards Housing that ~s compatible w~th the existing density, neighborhood service, and commercial land uses ~s allowed Staff finds the proposed zoning to be consistent with the pohc~es of the 1999-2020 Denton Comprehensive Plan Transportation A Tnp generation The proposed development would generate approximately (29) tnps per day ~f built out w~th 3 s~ngle-family dwelhng units Th~s represent an increase of approximately 10 tnps per day if the s~te ~s developed in the current configuration B Access The proposed development w~ll have access onto May Street C Road Capacity May Street ~s ~dentlfied as a local street by the 1999 Denton Mobility Plan Th~s street ~s designed to be a two (2) lane undivided street w~thout parking, prowd~ng two (2) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 9,100 tnps per day May Street ~s currently constructed w~th two (2) lanes with parking The most recent traffic count Z O0 004 2 for May Street ind~cates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development Ruddell ~s identified as a local street by the 1999 Denton Moblhty Plan Thru street ~s designed to be a two (2) lane undivided street w~thout parking, providing two (2) lanes of through traffic As such, its demgned traffic capacity allows for a tolerable traffic flow of up to 9,100 trips per day Ruddell Street m currently constructed with two (2) lanes w~thout parking The most recent traffic count for Ruddell ~nd~cates that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development A traffic count South of the ~ntersecbon of Paisley and Ruddell regmtered 1,568 tnps per day D Pedestrian L~nkages S~dewalks along all pubhc streets are reequ~red 2 Ut,l,tles Th~s rote has access to ex~sbng water and samtary sewer hnes 3 Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards A prehm~nary drmnage study w~ll be reequ~red w~th the submlsmon of a prehm~nary plat The study must include calculations of the 100-year storm for all drainage areas on th~s property and any area that drmns towards this property The developer must ~ndlcate the method by which the run- off w~ll be carried across the property or stored on the property 4 Landscaping Th~s property will have to comply w~th the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 5 Open Space and Recreational Areas This remdenbal development will be required to parbc~pate ~n the development of pubhc recreabonal areas Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedmat~on and park development fees Dedication reequlrements are required dunng the platting process Park development fees are reequ~red prior to the issuance of building permits 6 Environmental Quality impacts No negabve enwronmental ~mpacts have been ident~fied January 14, 1969 -The subject property was placed ~n the SF-7 zomng d~stnct and land use class~flcabon by Ordinance 69-01 which adopted the flint zomng ordinance and map for the C~ty of Denton (see Enclosure 2) Z O0 00~ 3. April 4, 2000 - Rehef from the Residential Intenm Regulabons (Ordinance 2000-046) The subject property ~s not platted and would need to be platted pnor to any development Nobce of the zomng request was published In the Denton Record-Chromcle on April 16, 2000 S~xteen (16) property owners w~thln two hundred feet were ma~led legal nobces and eighty-one (81) remdents w~thln five hundred feet were sent courtesy notices inform~ng them of the request (see Enclosure 5) As of this wnbng, there have been no responses At th~s wnt~ng,,there has been no neighborhood meebng The proposed'Detailed Plan meets all the mlmmum technical requirements for a Detailed Plan as ~dentlfied ~n Section 35-176 of the code of ordinance, staff recommends approval of Z-00-004 I move to recommend approval of Z-00-004 1 Recommend approval as submitted 2 Recommend approval w~th cond~bons 3 Recommend demal 4 Postpone conmderabon 5 Table ~tem 1 Detailed Plan 2 Zomng Map 3 200'-500' Nobflcat~on Map 4 1999-2020 Denton Future Land Use Map 5 Draft Ordinance ZOO 4. ~ ~i iliilitiltll~lll~i ' =~ Ii111 ....................................... ....... , ........ ~,,i~ Surveyors & Engineers of North Texas 1621 Amanda Court Ponder, Texas 76259 PH (940) 482 2906 FAX (940) 482 2911 Toll Free (677) 481-SENT WWW SENTCORP COM Wednesday, April 12, 2000 C~ty Council .C~ty of Denton C~ty Hall Demon, TX 76201 Subject Detaded Stte Plan Supplemental reformation Project Name: Behning Place Existing Conditions: · Location: The subject property ~s a 0 52 Acre lot on May Sweet, Denton, TX The lot locaUun is approxunately 95 feet East of the Ruddell and May Stxeets mtersecttun + · Environmental Issues: o The lot is not m an Enwronmentally Senslttve area per City of Denton E S A map o There are numerous trees on the lot The trees range m stze from 3 to 46 inches Three different species are represented on the property · Hackberry · American Elm · Post Oak o Using current tree credit calculations the lot vail retain over 30 tree credits as shown EXISTING TREE CREDITS Surrounding Zoning: o North PD (the Mesa Verde subthv~s~on) - smgle-farmly homes w~th gross density of +8 0 umts/acre Th~s project was destgned for empty nesters and young farmhcs, and quahfies for housing assistance program o South Single Farculy Detached Zoned SF-7 Extstmg density ~s approx~raately 3 0 umts/acre o East Single fanuly detached Zoned SF-7 Ex~stmg Density approximately 2 0 un,ts/acre o West Single fanuly detached Zoned SF-7 Ex~stmg Denstty ~s approxtmately 4 4 umts/acre Surrounding Architectural Styles: o The surrounding homes, wth the exception of the Mesa Verde project to the north, are predommately wood framed homes circa 1950- 1970 o The homes, for the most part, have a 1 car a e or car ort which face the road o The houses are generally placed 20 to 25 feet from the property hne, which places them approxtmately 35 to 50 feet from the edge of the street I Drive May Street Rendering of Behnlng Place 8 · Neighborhood Compatibility: o The proposed density Is slgmficantly less than the new Mesa Verde subdlmslon to the north but at 5 78 umts per acre is hagher than the "base density" of 3 0 umts per acre stated ~n the Interim Zomg ordinance 2000- 046 and reqmres rehef from the mtenm tlus ordinance to be adopted o The smaller lots are needed because of Mr Behnmg's home being offset from the East property hne approxtmately 47 feet (See color rendermg on sheet 2 ) Tlus large offset allows approximately 52 feet of w~dth for lots 2 and 3 See Table 1 on next sheet for lot stzes Example of Style desired by owner Table 1 - Lot Stzes 9,491 sq ft 6,528 sq ft 6,572 sq ft · Transportation: o The s~te is 350 feet from an estabhshed city bus route at Ruddell and Pmsley o Due to the small nature of th~s development, a Traffic Impact Analy$~s ~s not reqmred · Public Facilities: o The stte ~s apprommately · / 1 1 nules to the nearest elementarv school (Robert E Lee) ~' 1 77 nules to the nearest middle school (Calhoun) v~ 0 52 miles to the Sulhvan-Keller Early Chddhood Center ~' 2 45 nules to the Denton H~gh School, 2 89 miles to Ryan H~gh School o Mack Park ~s less than 1 mile from the s~te C~ty pubhc swunrmng pool ~s 1 1 $ miles from the lot o The ~ m May street ~s adequate to serve the property 3 5 persons per household X 4 households = 14 people 14 people X 125 gal/day = 1,750 gal/day 1,750 gal/day X 5 peak = 8,750 gal/day or 6 07 gal/min o The e ~stm 6" sew r line m May Street ~s sufficient for th~s development ~' Sewer usage should approxmiate water usage o Electrxc service ~s available from an overhead C~ty of Denton Electric hne adjacent to the lot o Drainage run-off zs to the north and ~s mintmal w~th less than 40% tmpervmus material on the lot, thc drainage miprovements at Mesa Verde were destgned to handle th~s increased drainage o The 100-YP, Floodnlam and Floodway do not affect thts property Behmng Plaee pro,rides a much-needed service m Denton - affordable housing of h~gh quahty and design, located vnthm an estabhshed nexghborhood Smcerely~ ~ ENCLOSURE 2 NORTH Z-00-004 (Behning Place) ZONING MAP Agenda Date. April 26, 2000 Scale None 1:[. ENCLOSURE 3 NORTH Z-O0-O04 (Behning Place) NOTIFICATION MAP 200' Legal Notices sent via Certified Mall 16 II 500' Courtesy Notices sent wa 1st Class Ma~l 81 Agenda Date Apnl 26, 2000 Scale None 12 ENCLOSURE 4 ~ NORTH Z-00-004 (Behning Place) FUTURE LAND USE MAP Scale. None Agenda Date. Apn126, 2000 13 ENCLOSURE 5 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 519 ACRES OF LAND LOCATED 95 FEET EAST OF THE INTERSECTION OF RUDDEL AND MAY STREET, COMMOMLY KNOWN AS 1207 AND 1209 MAY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-004) WHEREAS, Allen Bussell, on behalf of Mark Bebaiing, has applied for a change in zoning for 0 519 acres of land from Sf-7 zomng dxstnct classification and use designation to Planned development zomng d~stnet elasslfieatmn and use demgnation, and WHEREAS, on April 26, 2000, the Planning and Zoning Commission recommended approval of the requested change m zomng, and WHEREAS, the C~ty Counml finds that the change in zomng will be m compliance with the 1999-2020 Denton Comprehensive, the 1998 Denton Plan Polimes, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zomng dmtnct ¢lassffieatmn and use designation of the 0 519 acre property described m the legal descnptmn attached hereto and incorporated herein as Exhibit A is changed from Sf-7 zomng district classification and use designation to Planned Development (PD) zomng district classification and use demgnatlon under the comprehensive zomng ordinance of the City of Denton, Texas, subject to the following conditions I That permitted land uses be restricted to those described on the Detailed Plan m the hst attached hereto and incorporated herein by reference as Exhibit B 2 Bufldmg elevations for all new buildings shall be similar to the example attached hereto and referenced as Exhibit C S]~CTION II That the City's official zomng map is amended to show the change in zomng district classification SECTION III That any person violating any prows~on of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of thru ordinance is violated shall constitute a separate and d~stmct offense ~ That tins ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the captaon of this ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published in the City of Denton, Texas, wlttun ten (10) days of the date of its passage 14 PASSED AND APPROVED th~s the __ day of ,1998 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 3.5 EXHIBIT A Field No~ to all that certain ti'eot of land attua~ m the Jop_~,h~- Brock S tu','ey, Ab~mlct Number 55, Doat~3 Count, T~xas end bem~q e. l~.e-Survoy of a called 0 519 acre tract of land d~lb~d m tho ~.t Clmm ~ to ~ ¥oucll rocoM~ under County Cl~k's Fil~ Number 95-E0036837, ss rcco_o~,-~l mu~ occuptcd on tl~ ground ~d mom pm~lcul~ly d~sonb~ ,- ~llows ~ ~ ~ ~r ors ~ofl~ ~ ~ d~ ~ ~e 0 W~n ~ ~ ~ CI~'s ~le N~r ~01 ~11, ~ ~, T~ ~CB ~ 00 d~a 11 ~ 39 s~ ~, ~ ~ ~t ~ of ~d ~ ~ ~ d~b~ ~ ~NCB N~ 89 ~ 27 ~ 03 a~ ~ ~ t~ N~ l~e ofs~ 0 519 of ~ Wo~= ~ ~ ~ 00 ~ ~8 ~ 27 s~ ~ ~ ~ W~ ~e of ~ 0 52 ~ 16 EXHIBIT C · Neighborhood Compatibility: o The proposed density ls slgmficantly less than the new Mesa Verde subdivision to the north but at 5 78 units per acre xs I~gher than the "base densxty" of 3 0 umts per acre stated m the Interim Zoning ordinance 2000- 046 and reqmres rehef from the interim th~s ordinance to be adopted o The smaller lots are needed because of Mr Behnmg's home being offset from the East property line apprommately 47 feet (See color rendering on sheet 2 ) Ttus large offset allows approxtmately 52 feet of w~dth for lots 2 and 3 See Table 1 on next sheet for lot s~zes Example of Style desired by owner Table I - Lot Sizes IlL°fl IlL°t2 IL°tz6,572 sq I Transportation: o The s~te ls 350 feet from an estabhshed c~ty bus route at Ruddell and Paisley o Due to the small nature ofth~s development, a Traffic Impact Analysm is not requrred 18 ATTACHMENT 2 Page 19 I Mil BUSSELL I remember the perimeter paving I of the site, we have Mesa Verde Subdivision, that m 2 didn't remember the intersection at Alegre and 2 PD 171 We have sr 7 to the east, SF 7 to the west, and 3 3 SF ? to the south 4 BUSSELL Okay That was m the 'r~ 4 As a part of the detailed plan that we are 5 ENGELBRECHT Okay 5 constdenng tomght, these are the additional demgn 6 Yes, sir 6 criteria that is In your backup and it's also Included a~ 7 okay 7 part of the ordinance to approve the zoning change 1 8 good 8 would hke to go through it so that way you wdl know what 9 this petition? present who 9 ts the design criteria for this development 10 wouldhketos Inthat 10 It ts m the page 14 of your backup And 11 case, ts there ~peak tn 11 basically, tt states that all penmtted uses will he 12 opposition to the present to speak tn 12 restricted to those descnhed tn the detaded plan It ts 13 opposttlotl to the opposition, the 13 my understandmg that you have a copy of this dctmkd 14 rebuttal period IS ~, public heanng ts 14 plan And all the building elevation for new building,, 1 $ closed Mr Grace remarks') 15 will be smadar to that sample attached hereto 16 MR GRACB 16 I would like to show what the apphcant ~s 17 approval 17 proposing I would hke us to remember that th~s 18 MR All ngh y questions i8 subdivision w~ll be -- doesn't have to be tn comphanc~ 19 for staff or { 19 w~th the interim regulation because the City Council 20 l'll move 20 granted a relief from the interim regulations so we ark 21 ~NGELBRECHT Okay, Ms 21 under the old regulations, this detailed plan According 22 APPLE I move to s 22 to our review, this site is in comphanee with the Denton r Centre Place being a rapist of 13 82 ~ 23 Comprehensive Plan for that area The plan reco~mncnd, and 2, and 39 6 acres of unplatted land tr 24 existing residential, lnflll compattbthty area We Survey, Abstract #623 25 behave that what the applicant ts proposing actually ~s Page 18 Page 20 I MR MCNEILL Second 1 compatible with that area 2 MR ENGELBRECHT It'S been moved and seconded 2 With this zomng change, bas:cally, the new 3 to approve Any dtseusmon on the motion? In that case, 3 subd~wsmn will generate 29 trips per day That means 4 vote, please Motion carries six to zero Thank you 4 ten raps more than what a will be ff we developed th~s 5 We have two zoning cases this evening for 5 s~te according to sp 7 zoning thstnct I would lake to 6 pubhc hearing First, we'll move to Agenda Item No 7 6 clarify, as well, as a part of your backup in the last 7 IS to hold a public hearing and consider making a 7 sentence of page 2, says that May Street Is currently 8 recommendation to City Council regarding a detaded plan 8 constructed w~th two lanes w~th parking There ~s a typo 9 for a zomng change of 0 519 acres from Single-Family7 9 It should say without parking 10 zomng district to a Planned Development zoning dmtnct 10 As a part of the zoning change ~t :s reqmred 11 The property is located approximately 95 feet east of the 11 to notify whoever hved w~thm 200 and 500 We sent 16 12 mtersectmn of Ruddell and May Street The proposal ts a 12 notices to the owners w~thln 200 and 81 courtesy hermes 13 single-family subdivision 13 However, no responses were sent to us at all Even though 14 At this tame, I will open the pubhc heanng 14 when we write at the writing of th~s report, we d~dn t 15 and ask Ms Viers from the Planning Department to provide 15 have a neighborhood meeting However last Monday ~c had 16 us with the staff report and the DRC recolmnendatlon 16 a neighborhood raeetmg Besides file apphcant 17 MS VIERA chamnan, CormntSSlOn, good 17 repmsentaoon, nobody else showed up So that ~s 18 afternoon -- actually, good evening This item revolves a 18 something that I wanted to point out According to our 19 zonmg change of 52 acres from sF 7 zoning d~strtct to 19 analys~s, th~s detailed plan meets all m~mmum techmcal 20 PI) The applmant m proposing a three-lot single-family 20 reqmremeets for a detailed plan That's why I - 21 subdivision The s~te ts located 95 feet east of Ruddell, 21 therefore the staff reconunends approval of Z-00 004 It~ 22 right here And, basically, the subdivision, the lots 22 you have any questmns -- 23 range from 6,500 square feet to more than 9,000 I would 23 MR ENOELBRECHT colnllussloners 1'~ R~shel 24 hke to show you the zoning for that area 24 MR RISHEL l have several questions, most of 25 Basically, this ts the mtn The north side 25 them related to traffic flow, parking and street w~dths PLANNINO AND ZONING COMMISSION APRIL 26, 2000 Page 17 - Page 20 3.9. CondenseltTM Page 21 Page 23 I and parkir~g at speclfm house locations So let's start I improvements would be reqmred at platting? 2 off with the street width Can you -- what is our street 2 MS VIERA I believe that the appheant will 3 width and our street has no parking, you mentioned, is 3 be mqmmd to have -- to provide sidewalks And ~t l~ my 4 that right* 4 understanding that they wdl apply for a variance, a~ 5 MS VIERA Yes 5 well However, the variance will be at the platting 6 MR RISHEL Okay So all the parking would 6 stage We are looking right now for the zomng 7 need to bo done on the driveway or m a garage? 7 MR ENGELBRECHT Right, right But th~,y 8 M8 VIERA Yes, they are proposmg -- yes 8 would also be mqmmd to put m curb and gutter and 9 MR RISHEL okay 9 sxdewalks 10 MS WERA [et me -- the detailed plan shows 10 MS VIERA Yes 11 two parking spaces m the back of each house and these two 11 MR ENGELBRECHT okay Mr Williams, d~d you 12 spaces -- 12 have another question9 13 MR RISHEL But them will be no garages, is 13 MR WILLIAMS Yes Does the owner occup> Lot 14 that correct9 14 19 15 MS VIERA NO garages 15 MS VIERA I believe so No9 16 MR RISHEL And the street width9 , 16 MR WILLIAMS DOeS the owner occupy Lot I ~ 17 MS VIERA 24 17 That's the question 18 MR RISHEL 24 foot Okay Thank you 18 UNIDENTIFIED SPEAKER INAUDIENCE NO 19 MS VIERA Any other9 19 MR WILLIAMS Thank you 20 MR ENGELBRECHT Mr Williams 20 MR ENGELBRECHT okay Any other qucstton~ 21 MR WILLIAMS Yeah When l look at thls, I 21 for staff at th~s time9 Mr Momno 22 see the total square feet ls 22,961 Iguessmyquemon 22 MR MORENO Yeah How wide are Lots 2 and 3 > 23 is why tho need for zoning change because they have the 23 I'm not seeing that 24 land 24 MR WILLIAMS Page 9 25 MS VIERA Basically, the iota, they are not 25 MR MORENO Page 99 Page 22 Page 24 I m comphenee with the minimmn width of the lots 1 MR WILLIAMS well, it gives square feet It 2 According to the current zoning, they need to have a 2 doesn't give the width It gives square feet 3 minimmn of 60 feet of wldth of the lots 'l'hey don't have 3 MSVIERA ?age, Ibeheve, 9 Lotlwdlbc 4 that And also they don't have the minimum 7,000 square 4 9,491 square feet, Lot 2 will be 6,528 5 foot for the zoning That's why they're going for a PD 5 MR ENGELBRECHT But what's the width ~ 6 MR WILLIAMS okay 9,491 square feet plus 6 MR MORENO I JUSt wanted the width 7 6,528 square feet plus 6,572 square feet equals 22,691 7 MS VIERA oh, the width 8 square feet And we're talkmg about three lots so I'm 8 MR MORENO The frontage along May Street, 9 kind of kind of confused here 9 how wide are they9 10 MR ENGELBRECHT The lots, two of the lots, 10 MS VIERA I will say that it is 50, 52 11 if you split that one into two, you can't get 7,000 square 11 MR REICHHART It'S a minimum of 60 feel 12 foot lots out of them 12 MS VIERA 60 13 MR WILLIAMS we're talking three lots I 13 MR MORENO Say again, please 14 see Lot 1, 2, and 3 14 MS VIERA Minimum 60 15 MR ENOELBRECHT Right The lot on the east 15 MR MORENO 60 okay I see it now 16 side that has the house on it, the house Is so far to the 16 MR ENGELBRECHT Any other questions of stall 17 east that -- or the lot on the west slde, the house is so 17 at this time9 Okay Thenkyou, Ms Vtera Isthc 18 far to the east that when you cut that lot out, you wmd 18 petitioner or petitioner's representative present9 19 up with a lot that's only 12,000 square feet And so 19 MR BUSSELL Allen Bussell, 1621 Amanda 20 they're trying to spht it and put two houses on it 20 Court, Ponder, Texas, 76259, Surveyors & Engtn~r~ ot 21 MR WILLIAMS Okay 21 North Texas I'm working with the Behnmgs on tht,, 22 MR MCNEILL They're only going to build two, 22 property They're the owners of the property Tills ~3. ab 23 aren't they* 23 Mr Behmng's mother's house She moved up north to take 24 MR ENGELBRECHT Right They're going to 24 care of her parents and they'd like to subdivide this 25 build two but there will be three lots What street 25 half-acre lot into three lots The problem was the PLANNING AND ZONING COMMISSION APRIL 26, 2000 Page 21 - Page 24 20 CondenaeItTM Page 25 Page 27 I existing house was, like you mentioned esther, so far I existing house'~ 2 over to the east that when we spht the lots, we got less 2 MR WILLIAMS Yes And do you have a p~cture 3 than the 7,000 square feet 3 of the existing house* 4 What I did to help address the width issue was 4 MR BUSSELL Actually, I do 5 there's an exmtmg shed attached to this house What 5 MR ENGELBRECHT YOU can put them on thc 6 we'd hk¢ to do m take that shed off and tlus gives us a 6 overhead, I think We'll give tt a try 7 width of 60 feet mtmmum on those, whmh ~s the minimum 7 MR BUSSELL Let me hand them out 8 width on~a 7,000 square feet lot It also allows us a 8 MR ENGELBRECHT I think you might want to do 9 greater area to get this drive tn between the houses so 9 that 10 that we can put the parking m the back And if there's 10 MR WILLIAMS Thank you 11 additional parking, tf they have a party or something, 11 MR ENGELBRECHT Mr Williams, did you hax ~. 12 there's plenty of room to park on that drive There's a 12 any other question at this ttme'~ 13 lot of space So that's how I addressed that 13 MR WILLIAMS NO 14 Gosh, on the house to the east, you'll notice 14 MR ENGELBRECHT Okay Is there any other 15 I bumped tt up some towards the street I'd hke to do 15 questions, Corm'atsstoners'~ I am curious to know what you 16 that to try to save those two big oak trees there, and 16 will do to delineate the center hne of that driveway and 17 that's why that's -- the bmldmg hne ts a httle shorter 17 I would ask that tf you would consider doing something to 18 there than tt ts on the other houses And that's why 18 delmeete that These are two relatively small homes 19 that's done I don't know ff anybody noticed that or not 19 That's going to be the property hne right there 20 MR ENGELBRECHT I had actually assumed that 20 MR BUSSELL YeS, sir, It will be an access 21 you had done that because we had been sort of asking staff 21 easement or I'm sure exactly what the surveyors call ~t 22 to work with folks and offset the frontages so you don't 22 but tt will be some sort of easement 23 have that -- 23 MR ENGELBRECHT Right And I'm talking 24 MR BUSSELL NO 24 about some visible dehneatlon through there so that tn 25 MR ENGELBRECHT That's great for whatever 25 the future, there's less problem with the occupants Page 26 Page 28 I reason tt ~s I parking on one another's driveways and there being a 2 MR RISHEL Just came natural to him 2 problem, because they have to use that to get m and out 3 MR ENGELBRECHT Right 3 MR BU$SELL what about a grassed area 4 MR RISHEL I'm curious Do you give some 4 through the middle~ 5 sort of a group rate when you can set them up like this so 5 MR ENGELBRECHT Grassed or bricked or 6 well orgamzed9 6 whatever 7 MR BUSSELL NO 7 MR BUSSELL something like that 8 MR ENGELBRECHT Mr McNedl, d~d you have a 8 MR RISHEL 1 mean, It's only ten foot wide 9 quemen9 9 Is that what you're talking about? 10 MR MCNEILL Yes The property, the lot t0 MR ENGELBRECHT Right 11 that's just east -- I believe that's east, isn't ~t -- of 11 MR RISHEL I don't think you want to put a 12 the lot where the existing house ts, does the owner own 12 grass area down there How about a control jmnt'~ 13 that also? If I'm reading the drawing correctly, it's 13 MR ENGELBRECHT You're right It can't bc 14 below 32 and 31 on this -- no Mr RemhhaWs saying no 14 grass A control jomt or a httle brick spacer or 15 MR REICHHART IS the owner here tontght'~ 15 something so that there's no doubt, it's easy to 16 MR MCNEILL NO, I said the person who's 16 delineate While they're sharmg that, there still ts 17 asking for the division of the lot, do they own that lot* 17 territory I just see some potential problems 18 MR BUSSELL NO The comer lot9 No, sir 18 MR RISHEL ownership ts important 19 MR MCNEILL Thank you 19 MR ENGELBRECHT Right Now, as part o[- 20 MR ENGELBRECHT Mr Wdhams 20 and I didn't remember, is tt stated on the detaded plan 21 MR WILLIAMS Yes Is that existing house, 21 that -- well, I guess the actual footprint ts there so 22 ts it occupied now9 22 that would require you, tf we approve this, to remox ~ that 23 MR BUSSELL It IS occupied now 23 shed off of the side of that house Yeah, that takes care 24 MR WILLIAMS It's occupied now, okay 24 of that You still have, what, 20 feet between the 25 MR BUSSELL You're talking about the 25 maybe, it's not -- between thc end of the end of the stub, PLANNIlqG AND ZONIlqG COMMISSION APRIL 26, 2000 Page 25 - Page 28 21 Condens~It m Page 29 Page 31 I driveway stub and the property Irae9 1 exact size of the house I know ~t has thc floor plan on 2 MR BUS,ELL Yes In the rear? 2 the - 3 MR ENGELBRECHT Right 3 MR RISH£L Will the houses be considered 4 MR BUSSELL Right 4 affordablu housing? 5 MR ENGELBRECHT what I was lookang at, as 5 Ma ENGELBRECHT tf you would g~ve us your 6 I've had to deal with those myself, is that maddle 6 name 7 property owner gets very little room to attempt to turn 7 MS BEHNING Yes My name Is Nanet~ Behnmg 8 their vehicles around I tend to look at all this 8 and I hve at 2224 Woodbrook Street I'm a mother of four 9 practical stuff about how you live with these things day 9 and I'm not used to speaking m such a formal atmosphc~ 10 to day Is there any particular reason that wasn't 10 so forgive me 11 extended another five feet or so in order to ease the 11 Ma ENGELBRECHT JUSt think of us as your 12 abthty of that individual there to tom around? 12 kids It's okay 13 MR BUg$ELL IS there a reason tt wasn't9 13 MS BEHNING NO yOU wouldn't want that Thc 14 No, no We can extend that some, if you'd like 14 size of the homes is that what you were esPang? 15 MR ENGELBRECHT well, It Just seems to me 15 MR ENGELBRECHT [ think that s what Mr 16 that that would -- 16 Rlsbel was asking about 17 MR BU$SELL ease backing up 17 MS BEHNINa okay I can basically estimate 18 MR ENGELBRECHT Right That's going to 18 for you and I would estimate somewhere around I 500 I 600 19 allow that -- and I want to see those rear spar, es used, 19 square feet 20 you know I mean, I think this is great I really like 20 Ma atSHEC nnd then pan two of that 21 to see this fact that there's this rear parking and I 21 question was what do you anticipate the houses to sell 22 really want to see that used and be as practical and 22 for 23 useful as possible And I know from personal experience, 23 MS BEHNING well, we're planmng to rent 24 having not made my own long enough, that -- and having to 24 them 25 have redone ti, folks just won't use tt and it won't work 25 Ma RISHEL TO rant them I see Page 30 Page 32 1 right if ~t'$ not long enough So, okay, you would agree I MS E~a~t~a Yes And to let you know Fund 2 to a five-foot extension on there? Or, I don't know, 2 of wbat's behind that We weren't out loohng for 3 staff may want to -- I'm not sure how wide that one is 3 property to buy to do this kind of th~ng Mark's mother 4 MR RISHEL It would be race to be able to 4 just renred from ~rwu and her parents are, of course 5 back up and turn around 5 elderly and she wanted to move back to be w~th them and 6 MR ENGELBRECHT Right, right I would 6 help them And when we not~ced the new development going 7 rather leave that open for staff to review Because of 7 up behind her, you know we thought well, maybe we can go 8 the trees there, I don't know what the distance ought to 8 ahead and buy rite house from her and do something w~th 9 be 9 this property so that she doesn't have to stay here untd 10 MR POWELL Can we just leave it to a staff 10 the house sells 11 review and we'll work with the applicant to do it9 i I And right away we started speaking wth 12 MR ENGELBRECHT And I'd just as soon leave 12 professtonals about this We actually spoke wath someone 13 it but it does seem to be -- I think it's important tn 13 at the C~ty just to get their opinions And Mark's mother 14 order to make those driveways work Any other -- there 14 would eventually like to move back to the area And th~s 15 appears to be some other questions Mr Rtshe[ No 15 way she would stall have a place to hve And smee I 16 Mil. RISHEL I'm sorry Well, I'll chime in 16 don t work outside of the home, we m a one income famdy 17 there 17 and we're hoping that from the rent of the other two '18 MR ENOELBRECHT okay 18 homes that we would be able to pay the morlgages and the 19 MR RISHEL A couple of questions for you 19 taxes and insurance and that type of th~ng I d hke to 20 What is the average size of the houses, the houses 20 stay home with my k~ds 21 themselves and what is the average selling price you 21 Ma RISHEL It'S race to see the refill in 22 anticipate for the houses9 22 that area And now that the football career ts over 23 MR BUSSELL You'd have to ask the client 23 MR ENGELBRECHT [ think Mr Powell wanted to 24 MR RISHEL Okay I'd be happy to 24 make a comment Did you sir9 25 MR BUSSELL I'm not exactly sure of the 25 MR POWELL 1 WaS Just going to say, on the PLANNING AND ZONINO COMMISSION APRIL 26, 2000 Page 29 - Page 32 22 CondcnseltTM Page 33 Page 35 I plans there's a 40 X 40 footprint which would be 1,600 t voting against this motion 2 square feet for that house 2 MR ENGELBRECHT MS Gourdre 3 MR ENGELBRECHT okay ~thlch would be the 3 MS GOURDIE Thank you I did second th~. 4 maximum that could be constructed Okay, Mr MeNedl, do 4 motion Even though It wasn't mentioned, it's in our 5 you have a question, cormnent'~ 5 backup concerning density so tt has been addressed not 6 MR MCNEILL I've done a little arithmetic 6 verbally, but in our backup And I do recall from thc 7 hem If I understand, if these lots had been, each of 7 years I've been on hem, we've always wanted mhll and I 8 these remaining two lots had been ten feet wider and ten 8 think this is a great opportunity to provide refill and 9 feet longer, then we wouldn't have had to have this 9 we're starting to do what we we're practicing what 10 rezoncd Is that correct9 Because then they would have 10 preach and I think that's a good thing So I will bc 11 fit the remimum 7,000 square feet 11 voting in favor of this and I commend them for taking thc 12 MR ENGELBRECHT Right 12 steps forward to go through this process and to try to 13 MR MCNEILL Okay Thank you 13 make something happen in an ama where things hax c bccn 14 MR ENGELBRECHT commissioners, any other 14 very quiet 15 questions'~ Thank you Any other comments from the 15 MR ENGELBRECHT 1 would like to offer a 16 petitioner9 All right Thank you Is there anyone 16 friendly mnench:aent with the regard to the stub on Ibc 17 present who would like to speak in favor of this petltlon9 17 driveway that they work with staff to increase that Io 18 Anyone present to speak in favor of the petition9 In that 18 make tt workable, particularly for that center lot 19 case, ts them anyone present to speak in opposition to 19 MR RISHEL And you want to phrase that a~ 2O the petition9 Anyone present to speak m opposition9 20 what9 21 Seeing no opposition, thc rebuttal period is waived The 21 MR ENGELBRECHT AS that the appheant w~ll 22 public beanng is closed And do we have any final staff 22 work with the staff to extend that stub a sufficient 23 remarks9 23 distance to make sum that it's applicable to the center 24 MS VIERA staff recomauends approval of 24 lot, that tt will work 25 Z-00 004 with the conthtton of the building elevation for 25 MR RISHEL And taking into condition Page 34 Page 36 i all new building shall be similar to the example that they I existing topography and landscape 2 attached It ~s attached m the ordmance, Exhibit C, for 2 MR ENGELBRECHT Yes 3 your reference 3 MR RISHEL l V~ ould accept that as a fncndl5 4 MR ENGELBRECHT All right Colmmssioners, 4 motion 5 any questions* Is there a motion9 5 MR MCNEILL AS long as you don't kill those 6 MR RISHEL I'd like to reake a motion I 6 trees 7 move to recolranend approval of Z-00-004 with the 7 MR ENGELBRECHT That's the whole idea ~s 8 recmmnended enclosed building elevation as sampled in our 8 so it's not so far Right Yeah, I don't think it need, 9 enclosure 9 to go near that far I~ that second all right9 10 MS GOURDIE second 10 MS GOURDIE Yes 11 MR ENGELBRECHT okay You must have been 11 MR ENGELBRECHT Okay Any other -- oka5 12 going to make a -- I never got there 12 Mr Rishel 13 MR WILLIAMS l'llbevotmgagamstthe 13 MR RISHEL qs the person that reade the 14 motion because this ~s the first zoning case I've heard 14 motion, I would like to say once again that we welcome 15 where density was not mentioned It seeres like density is 15 lnfill in our coiranumty I appmmate Mr Wllbam'~ 16 a concern when it's in certam neighborhoods and other 16 concern about density That's always an important 17 neighborhoods, it's not a concern And when I looked and 17 to us It was addressed as we looked at this issue l 18 when I added this, I wondered why would this have even 18 think that it's nice to see speculation in this 19 been brought us because they have enough property here so 19 neighborhood and you certainly picked the best person 20 that we do not even need a zomng change 20 the family to represent you, so try to get the group 21 And, secondly, I still have a problem with 21 the next time And I wish you the best of luck 22 spot zoning and that's what we're doing, spot zoning And 22 MR ENGELBRECHT Any other discussion`> 23 this is very close to what I call one of the ugliest 23 Motion is to approve with two conditions Vote, 24 comers in Denton and I'm for affordable housing, but I'm 24 Motion carries six to one 25 not for affordable housing at any cost So I will be 25 (COMMISSIONER WILLIAMS VOTING IN OPPOSIIIO\) PLANNING AND ZONING COMMISSION APRIL 26, 2000 Page 33 - Page 36 23. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE, FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-184) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0 519 ACRES OF LAND LOCATED 95 FEET EAST OF THE INTERSECTION OF RUDDELL STREET AND MAY STREET, COMMONLY KNOWN AS 1207 AND 1209 MAY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-004) WHEREAS, Allen Bussell, on behalf of Mark Behrang mat~ated a change in zomng for 0 519 acres of land fi.om SF-7 zomng dtsmet classfficatmn and use des~gnaUon to Planned Development (PD-184) w~th condatmns zomng d~stnct elasstficat~on and use designation, and WHEREAS, on April 26, 2000, the Planmng and Zomng Commlssaon concluded a pubhc heanng as reqmred by law, aRer wlueh a motion to recommend approval of the requested change ~n zomng was approved, and WHEREAS, the C~ty Council finds that the change m zomng ~s consmtent w~th the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning chsmct classfficaUon and use designation of the 0 519 acre property described m the legal description attached hereto and mcorporated hereto as Exhablt A as changed from SF-7 zomng d~smet clasmfieat~on and use designation to Planned Development (PD- 184) zomng d~smet elassffieatmn and use designation under the comprehensive zomng ordinance of the C~ty of Denton, Texas, subject to the following conchtmns 1 The permatted land uses are restricted to those described on the Detmled Plan attached hereto and incorporated herein by reference as Extub~t B The Detailed Plan ~s hereby approved as a part of PD-184 The subject property shall be developed m accordance w~th the Detailed Plan 2 Arelutectural standards ~nclude the follovang a Building elevataons for all new bmlchngs shall be substantml the same as the example attached hereto and mcorporated hereto as Exhibit C b A s~te plan shall be submitted to, rewewed and approved by the Planmng Department, for the proposed share driveway to be extended further north to allow effiment vehicle manenvenng entenng and exmng the off-street parking 24 Page 1 of 2 SECTION 2 The Cl~y'S official zomng map is amended to show the change m zomng dlstnct classification SECTION 3 If any provaslon of thts ordinance or the appheatlon thereof to any person or circumstance is held mvahd by any court, such lnvahdlty shall not affect the validity of other provisions or applications, and to tbas end the provisions of flus ordinance are severable SECTION 4 Any person vlolatlng any provision oftlus ordinance shall, upon convlctlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and chstmct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the captaon of ttus ordinance to be published twice m the Denton Reeord-Chromcle, a daffy newspaper pubhshed m the City of Denton, Texas, witban ten (10) days of the date of its passage PASSED AND APPROVED thts the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 2 5 Page 2 of 2 GF~041DB EXHIBIT A Field Note~ to ~ th~ certain tract of land mt,_,a;_--I m th~ Jom~.han Bro~ ~ ~ 55, ~n ~, T~ ~ b~ a R~ of a ~1~ 0 519 m~ p~tc~ly de~nb~ ~ B~ ~ a ~/S" ~p~ ~ ~ ~ ~ ~e ~ So~ ~ of W~n ~d ~ ~W Cl~'s ~ N~r ~01~411, ~,~ ~, ~ s d~e of 21S 35 ff~ ~ a 3/8" ~ ~ ~ s~ f~ ~ Sou~w~t ~ of do~d m ~c D~ ~ C~I,-- ~ ~ D~ ~ ~ Vo~e 2]88, ~20, ~ ~p~ ~ ~n ~, T~. ~CB N~ 89 ~ 27 ~ 03 S~ ~ ~ ~0 N~ ]me ofs~ 0 of ~ Worn ~ Wo~,~n ~[. ~ ~e~e of 104 ~ f~ ~ ~ P~CE OF B~O 25. b ° iJiiiillJili I IllllllJ IllllllJ~ I I I I [eGz¢~l 26 lllll EXHIBIT C · Neigl borhood Compatibility: o The proposed density LS slk, mficantly less m.. the new Mesa Verde subd~vision to the north but at 5 78 umts per acre Is Ymgher thsn the "base demity" of 3 0 umts per acre stated m the Intertm Zoning ordinance 2000- 046 and requires rehef from the mteslm tins or~,-.nce to be adopted o The smaller lots are needed because of Mr Behn,ng's home being offset from the East property line approx,mstely 47 feet (See color render]nS on sheet 2 ) Tins large offset allows approximately 52 feet of vndth for lots 2 and 3 See Table I on next sheet for lot s~zas Example of Style desired by owner Table I - Lot Stze~ · Transportation: o The site Is 350 feet from an estabhshed city bus route at l~uddcll and Paisley o Due to the smell nature ofttus development, a Traffic Impact Analysis Is not rcqmred 27 A~enda No AGENDA INFORMATION SHEET AOe~da Item AGENDA DATE: May 16, 2000 DEPARTMENT. Planning Depash~tem CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z-00-03 (RNWAddmon) Consider adoption of an ordinance rezomng approximately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning district to Conditioned Neighborhood Service (NS) zoning &strict The property is located at the southwest comer of Teasley Lane and Teaslcy Lane The Planning and Zoning Commission's motion to recommend approval failed (2-5) (Z-00-03, RNW Addition) BACKGROUND The considerat~on of this item was continued to allow the Denton Independent School District (DISD) time to hold a formal meeting to discuss the proposed rczomng The DISD board discussed flus item at thetr meeting of May 9, 2000 Attached is a letter from DISD board expressing their concerns regarding tlus proposal OPTIONS 1 Approve as submitted 2 Approve w~th condmons 3 Deny 4 Postpone cons~deraUon 5 Table item ATTACHMENTS 1 Letter from DISD 2 May 2, 2000 City Council Staff Report Respectfully submitted Douglas ]g Powell, AI~]~ Director of Planning and Development ATTACHMENT 1 Denton Independent School District 1307 North Locust Denton, Texas 76201 May 12, 2000 Mr Doug Powell D~rector of Planmng C~ty of Denton 221 North Elm Street Denton, Texas 76201 Dear Mr Powell On May 9, 2000, the Denton Independent School D~stnct Board of Trustees d~rected staff to reiterate to the City of Denton the District's concerns regarding the zoning of the Z-00-003, (commonly known as the RNW Addition) on the comer on Teasley Lane and Lflhan Miller Parkway The Dlstrmt requests that the C~ty consider the appropriate zomng of Z-00-003 and all properties in the wclmty and adjacent to the Sam Houston Elementary Campus to be ~n harmony and in accordance w~th the character of the neighborhood currently estabhshed The emstmg zoning of the northeast and southeast comers of the intersection at Teasley Lane and Lfihan Miller Parkway (Office-Conditional) prowdes an example for the C~ty to consider It is the District's understanding that the site plan for the RNW Ad&tlon will be made avmlable, at a later date, once a decision is made by the C~ty Council regarding the zoning of Z-00-003 At that t~me the Dlsmct will be better able to advise the C~ty on the impact of the zoning on the Sam Houston Elementary Campus The District requests that the following hsted items be included as conditions in the zoning case of Z-00-003 ( RNW Addmon) 1 Type of Establishment/Business 2 Sidewalks 3 School Crossing Controls 4 Vehmular/Pedestnan Signals & S~gnage 5 Parking 6 Traffic Impact 7 Access Lanes to the School and Zoned S~te 8 Security 9 Alcohol and Tobacco Sales 10 Hours of Operation 11 Bml&ng Arch~tectm'e 12 Buffering Adjacent to the Elementary School S~te 13 Partm~patlon ~nthe D~strmt's Adopt-a-School Program The District's primary objectave is to secure a safe, healthy, and pleasant environment, conducive to learmng, for all students attending D I S D The incorporation of these items into the C~ty's zoning dehberat~ons and the District's planning w~ll promote a neighborhood setting that wnll set an example for future developments focused on serving the growth and educational needs of our commtm~t~es chddren and their famlhes Please feel free to contact me at (940) 387-6151, extension 228, if I can be of further serwce or answer additional questions Cc D I S D Board of Trustees Dr Ray Braswell, Supenntendent of Schools Ms Teresa Andress, Pnnmpal, Sam Houston Elementary ATTACHMENT 2 AGENDA INFORMATION SHEET Agenda No _~ Agenda Item Date ~-~- AGENDA DATE: May 2, 2000 DEPARTMENT: Planmng Department~ ~/ CM/DCM/ACM: Dawd HH1, 349-8314 ..~/J~ SUBJECT - Z-00-03 (RNWAdd~twn) Hold a pubhc to consider rezomng approximately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zonmg d, stnct to Condmoned Neighborhood Service (NS) zomng d, stnct The property ~s located at the southwest corner of Teasley Lane and Teasley Lane The Planmng and Zomng Commission's motmn to recommend approval fmled (2-$), whmh has the effect of being a recommendation for demal BACKGROUND The request m to rezone this property to bnng the subject property in compliance w~th the comprehensive plan ~' The subject property m located in a Planned Development (PD-16) zomng district created in 1988 (See property hmtory below) ~' The proposed development ~s consistent with the Comprehensive Plan (see Attachment 1 - Comprehensxve Plan Analyms section) ~' Notice of the zomg request was published ~n the Denton Record-Chromcle on Sunday, February 27, 2000 Eleven (11) property owners within two hundred feet were mailed legal notices and Eight-two (82) residents within five hundred feet were sent courtesy not,ecs reforming them of the request (see Enclosure 4) As of fins writing, there has been two (2) responses (see Attachment 1) opposed to the request One of those ~s the property winch will reqmre a super majority vote (6-1) by City Council to approve the zomng request ~' Two neighborhood meetmgs have been held for th~s request Staff was invited to a neighborhood meeting on March 20, 2000 and a mty-sponsored meeting was held on April 10, 2000 (See Attachment 3 for discussion xtems) PRIOR ACTIONfREVIEW The following is a chronology of development reqnests related to the subject property October 16, 1973 - The subject property was annexed into the City of Denton and placed m the Single Farmly Dwelhng (SF-10) zoning dmtnct and land use classification by Ordinance 73-27 The property was mtended to be zoned PD, but was erroneously zoned SF-10 by the wording of the ordinance 1 I December 18, 1988 - The subject property's erroneous zomng was corrected by Ordinance 88- 205 The subject property was legally rezoned from Single Family Dwelling (SF-10) to Planned Development 16 (PD-16) January 22, 1991 - A Detailed Plan for the subject property was approved by Ordinance 91- 007 November 10, 1999 - A Detailed Plan for the subject property was demed by the Planmng and Zoning Commission February 8th, 2000 - City Council instructs staffto lmtlate a rezonmg petatton for the property March 8, 2000 - The Planmng and Zoning Conumsslons continues the public hearing to March 22, 2000 March 22, 2000 - The Planmng and Zoning Commissions motion to recommend approval failed (2-S) A Preliminary Plat has been reviewed by DRC and v~ll be placed on a P&Z agenda when a Traffic Impact Analysis is submitted and approved ESTIMATED pROJECT SCI~I~J~UI,E A prehnunary plat for the subject property was approved on April 26, 2000 A final plat is reqmred prior to development If the zomng of the site ~s approved as recommended, a project plan will be reqmred prior to development FISCAL INFORMATION Development of flus property will increase the assessed value of the city, county, and school district It will reqmre no short-term public improvements that are the responslbthty of the city As a form of refill development, no extension ofpubhc mfrastructure is necessary to service this site P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commissions motion to recommend approval failed (2-5) STAFF SUGGESTED CONDITIONS; 1 The entire 8 3-acre tract should be rezoned to NS(c), Neighborhood Services 2 Maximum building gross floor area shall be 86,200 square feet, with no mdlvldual structure to exceed 80,200 square feet Total gross floor area devoted to professional and adrmmstratlve offices shall be no less than 40,000 square feet No m&vldual business shall exceed 4,000 square feet of gross floor area, except professional and adrmmstrative offices, wluch may not exceed 10,000 square feet per m&wdual business 3 Arcbatectural standards include the following a Maximum building height shall not exceed two (2) stones b All buildings shall have no less than a 6/12 roof pitch and compoaitlon stungles c Exterior building material shall be 100% brick or masonry 2. 4 Land uses shall be limited to the following a Art Gallm~ or Museum b Church Or Rectory c Commumty Center (Pubhc) d Inshtutwn Of Rehgmus Or Phflanthropm Nature e Park, Playground Or Public Commumty Center f Swimming Pool (Private) g Telephone, Business Office h Park Or Playground (Public) 1 Antique Shop (w~th a Specific Use Permit) j Bakery Or Confectionery Shop (Retad) k Cleaning And Pressing Small Shop And Pickup 1 Custom Personal Service Shop m Drapery, Needlework Or Weaving Shop n Flonst Or Garden Shop o Handicraft Shop p Laundry Or Cleamng, Self Service q Offices, Professional & Admlmstratlve r Restaurant (with a Specific Use Penmt) s Retail Stores & Shops 4,000 Square Feet Or Less t Studio For Photographer, Musician, Artist Or Health 5 The sale of alcohol, tobacco and firearms ~s prohlblted Video arcades, tattoo parlors, head shops, or land uses employing outdoor speakers are also pmhlhited 6 No retail uses shall be open to the public from 10PM to 7AM 7 A conhnuous 50-feet wide bufferyard along the entire length of the western site boundary shall be mmntamed at all tunes A masonry screemng wall shall be constructed along the easternmost edge of the bufferyard, at a height of 8 feet above finished grade The design and materials used for the screanmg wall, and the landscape plan, which shall include evergreen trees and shrubs installed on the west side of the screemng wall, shall be prowded and approved as part of the reqmred ProJect Plan 8 Any service delivery areas shall be screened from pubhc rights-of-way Storage areas shall be contained within buildings 9 A maximum of three curb cuts shall be allowed m accordance with City of Denton subdivision regulations, one on the north boundary, one on the east boundary, and one on the south boundary counectmg to the existing access easement If the west boundary curb cut is installed, access restrictions shall be established to prevent traffic c~rculatlon into the school property to the west 10 No pole signs shall be allowed 11 Notwithstanding the conditions cited above, the standards for Project Plan approval, as per Ordinance No 2000-069, shall be satisfied prior to bmldlng permit issuance The project plan shall also address pedesman access and safety adjacent to and through the project site, slgnage, hghtmg, parlang lot screcmng, location of service areas, loading areas, and dumpsters ~n relation to the adjacent school and vehicular access to the site 3. OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item 1 Planmng and Zoning Commission Report, March 22 & 8, 2000, Z-00-03 2 Planning and Zoning Commission minutes from March 8 & 22, 2000 3 Neighborhood Meetings 4 Drai~ Ordinance Respectfully submitted t'~ Director of Planning and Development Prepared by -L~,/Remhhart Assistant Planmng D~rector m,:o,m-.l~.., Agendaltem 4:~ /~D' _ PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO: i~I. ANNING AND ZONING COMMISSION FROM: LARRY REICHH/LRT, ASSISTANT PLANNING DIRECTOR SUBJECT: Z-00-003 (RNWADDITION, ZONING) DATE: IVIAP, CH 14, 2000 CC: P~LE The March 8, 2000 Pubhc Hearing for the RIqW Adchuon re-zoning (Z-00-003) was conunued to March 22, 2000 to allow interested pames ~me to re,new the staffs recommendauons and associated Neighborhood Sen, ice (BIS) zoning for the subject property As of the date of this memo, no pame~ have contacted the Planning Department w~th quemons, concerns or comments The March 8m P&Z Staff Report ~s enclosed PLANNING AND ZONING COMMISSION ~'"~"';'~'=~------ STAFF REPORT Oat~ Subtect: RNWAddltlon ~: Z-00-003 Staff: Larry Relchhart e~.gg.D_d_a_P_[~: March 8, 2000 Hold a pubhc heanng and consider making a recommendahon to O~ty Council regarding the rezonlng of 8 3 acres from Planned Development (PD-16) zoning d~strlct to Neighborhood 8ervlces (NS) zoning district The site Is located at the southwest corner of Teasley and Teasley Lane (This project was advertised for Office (0) and Neighborhood Service (NS) zoning Neighborhood Service zoning allows for office uses, therefore only NS zoning is being proposed) Golden Triangle Mall SITE LOCATION MAP Location. Southwest corner of Teasley Lane and Teasley Lane Size: Approximately 8 3 acres Filen'ame ~, Applicant: The Clty of Denton Owner. Alexander Management Co 215 E~ McK~nney 4811 Bluffv~ew Denton, TX 76201 Dallas, TX 75209 The RNW Addition is an undeveloped 8 3 acre s~te included within the boundaries of the 11 2 acre PD-16 site, located On the southwest comer of Teasley and Teasley On February 8"~, 2000, the C~ty Councd instructed staff to initiate a rezomng petition for the property A PD Detailed Plan was approved for the property on January 22"d, 1991 (Ordinance No 91-007), showing an 80,200 square foot retail structure and a 6,000 square feet retail structure on a corner pad s~te The approved PD Detailed Plan is incompabble with the 1999 Comprehensive Plan, which designates the RNW Addition site as located within a "Existing Residentlal/Infill Compat~bihty"" area (See Enclosure 2) The type of uses allowed within this district are similar to those identified ~n the "Neighborhood Centers" area, with heightened awareness and attention to compatlblhty with ex~sbng development Planning staff has been advised that the building sizes (86,200 SF) shown on the approved 1991 Detailed Plan should remain intact during the rezonlng, due to protection under Chapter 245 of Local Government Code Given the reqmred building sizes, comprehensive plan designation, compatibility , ss and exlsbng zoning d~stncts, the Neighborhood Service dlstnct best accommodates all these The Comprehensive Plan Idenbfles this area to be w~thln the Exisbng ResidenUal / Infill Compatlblllty district. "New development should respond to existing development with compabble land uses, patterns, and design standards." With proper compatibility standards, staff finds that this request could be consistent with the Comprehensive Plan 1. Transportation ATdp generation Neighborhood Service zoning allows for a mix of uses includ~ng retail and office To determine the impact of tile proposed rezonmg, staff assummed that 46,200 SF would be developed as general retail, and 40,000 SF would be developed for office space The proposed development, ~f rezoned, would generate approximately 2,494 trips per day ~f budt out as retail and office (see Table 1) This Is 2,786 fewer tnps (47%:1:) than would be generated with 86,200 3F of commercial development Fdenahle 7. Table I Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Daily Generation Buildout Tnp Generabon Proposed Use General Retad 41 trips/day/I,000 sf 46,200 sf 1,894 Office 15 tnps/day/1,000 sf 40,000 sf 600 Total 86,200 sf 2,494 ~t~.l~lnne ~rn,,l~.~ by *~" ~.~*,a~ .~ ~spo~atlon Engineers, 1091 B Access Access to the proposed development will be prowded to the east-west and the no~h-south legs of Teasley Lane (FM 2181) C Pedestrian Linkages S~dewalks along all pubhc streets am required Linkages from mdewalks to all building entrances on the Interior of the s~te am mqu~md per Texas Accesmbd~ty Standards (TAS) The rote design for this site should accommodate pedestnan I~nks be~een the adjacent school and the hbm~ 2 Utilities This s~te has access to exmbng water and samta~ sewer I~nes The existing 8-inch water hne running through the pmpe~y will have to be relocated to the frontage of the pmpe~y along Teasley Additional tim hydrants will be mqmmd to be installed at bme of construction 3. Drainage and Topography New development will be mqu~md to design and construct a drainage system to c~ty standards A pmllmlna~ drainage study wdl be mqu~md w~th the submission of a pmllmlna~ plat The study must include calculations of the 100-year storm for all drainage areas on this pmpe~y and any ama that dm~ns towards th~s pmpe~y The developer must Indmate the method by which the mn- off will be camed across the pmpe~y or stored on the pmpe~y. 4 Signs ~ As per the slgn ordinance 5 Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances 6. Landscaping Th~s property wdl have to comply wIth the new Landscape Code, whlch requlras fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) Rlename $ 7 '3pen Space and Reereational Areas Nonresldenbal p~'opert~es are not required to participate in the development of public recreational areas 8. Lighting Lighting on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb surrounding residential property orto sh~ne and project upward to prevent the dIffusion into the n~ght sky. This restriction w~ll need to be written in as a condition of the Ordinance 9. EnvironmentallQuality Impacts No major Impacts are anticipated October '16, 1973 - The subject property was annexed into the C~ty of Denton and placed In the Slngle Family Dwelling (SF-10) zoning d~strict and land use classification by Ordinance 73-27 The property was intended to be zoned PD, but was erroneously zoned SF-10 by the wording of the ordinance December 18, 1988 - The subject property's erroneous zoning was corrected by Ordinance 88- 2" ' The subject property was legally rezoned from Single Family Dwelling (SF-t0) to Planned elopment 16 (PD-16) January 22, 1991 -A Detailed Plan for the subject property was approved by Ordinance 91-007 November 10, 1999 - A Detailed Plan for the subject property ~s denied by the Planning and Zoning Commission February 8th, 2000 - C~ty Council Instructs staff to imt~ate a rezoning pebbon for the property The subject property is not platted and would need to be platted pnor to any development Nobce of the zoning request was published in the Denton Record-Chronicle on Sunday, February 27, 2000 Eleven (11) property owners within two hundred feet were mailed legal notices and Eight-two (82) residents within five hundred feet were sent courtesy notices Informing them of the request (see Enclosure 4) As of this writing, there has been two (2) responses (see Enclosure 4) opposed to request The property owner is opposed to the request which w~ll rreqmre a super maJority vote (6-1) by C~ty Council to approve the zoning request Rlenahle 9. Staff recommends approval of Z-00-003 w~th the following condttions 1. The entire 8,3-acre tract should be rezoned to NS(c), Neighborhood Sen/Ices 2. Maxlmum building gross floor area shall be 86,200 square feet, with no Individual structure to exceed 80,200 square feet. Total gross floor area devoted to professional and admlnistrat~ve offices shall be no less than 40,000 square feet. No Individual business shall exceed 4,000 square feet of gross floor area, except professional and admlnlstrattve offices, which may not exceed 10,000 square feet per Individual business Maxlmum bulldlng height shall not exceed two stories. 3. Exterior building material shall be 100% brick. 4. Land uses shall be limited to the following' 1 Art Gallery Or Museum ;Z. Church Or Rectory 3.Community Center (Public) 4. Insbtution Of Religious Or Phllanthroplc Nature 5. Park, Playground Or Publlc CommunlLy Center 6 Swlmmlng Pool (Private) 7. Telephone, Business Office 8, Park Or Playground (Pubhc) 9, Antique Shop (wlth a Speclflc Use Permlt) 10. Bakery Or Confectionery Shop (Retail) ~.;L, Cleanlng And Pressing Small Shop And Pickup 12.Custom Personal Service Shop :L3 Drapery, Needlework Or Weaving Shop 14 Florist Or Garden Shop 15 Handicraft Shop 16. Laundry Or Cleaning, Self Servlce :t7 Offices, Professional & Admlnlstratlve 18. Restaurant (with a Specific Use Permlt) 19. Retall Stores & Shops 4,000 Square Feet Or Less 20 Studio For Photographer, Musidan, Ar'dst Or Health 5 The sale of alcohol and tobacco are prohibited. 6, A continuous 50-feet wide bufferyard along the entire length of the western slte boundary shall be malntalned at all braes, A masonry screening wall shall be constructed alo_l~g_g the easternmost edge of the bufferyard, at a height of 8 feet above finished grade. A continuous row of evergreen tree plantings shall be Installed on the west side of the screenlng wall prior to any bullding occupancy. 7. Any sen/Ice delivery areas shall be screened from public fights-of-way. Storage areas shall be contalned wlthln buildings 8, A maximum of three curb cuts shall be allowed In accordance with City of Denton subd~wsion regulations; one on the north boundary, one on the east boundary, and one on the west boundary connecting to the exlsbng access easement. [f the west boundary curb cut is Rlename ~0 Installed, access restrlctlons shall be established to prevent traffic circulation Into the school oroperty to the west. Notwlthstandlng th~e. condltlons cited above, the standards for Project Plan approval, as per Ordlnance No. I000 069, shall be satisfied prior to building permlt Issuance I move to recommend approval of Z-O0-O03 with the condItions recommended by staff I Recommend approval as submitted 2 Recommend approval w~th cond~tions 3 Recommend denial 4 Postpone considerat~on 5 Table ~tem V~c~nlty Map , Comprehensive, Plan Analysis 3, Zoning Map 4, 200'-500' Notification Map, w~th property owner responses (1) 5 Permitted In Nelghborhood Service zoning distnct 6 Draft Ordinance I Rlenan~e ENCLOSURE 1 Z-00-003 (RNW Addition) NORTH VICINITY MAP ENCLOSURE 2 '~*;,,Chard~t~letics oLCgmmerclaLueypJLoPmR[Lt , Neighborhood Center- CommunlW Regional ~ew Residential Mixed-Use Center Mixed Use tenor To provide ~nvenlen~ and comparaUve shopplng comparative shopping for shopping for g~ds ~ ~ for goods & sewlces to an goods & se~ices to an Purpose sewlc~ to an Individual nd[vldual neighborhood Individual neighborhood nelghb6rh~d nearby neighborhoods surrounding areas Typical Land Up to [0 acr~, ~ Up to 30 acres. More than 30 acres Area , ~pical Se~i~ Up to [ square mile ~' Up to 8 square miles and aultl-coun~ area & up to Area & 5~000 ~ple ~ ~ 40~000 people 250~000 people. Population ~plcal Retail ~nve~lence grocer~,~ Spedal~ stores, grocer, ~alls, Big Box Re~ll Tenant drugr hardware Superstores ~plcal Store L~s ~an 4,000 squa~& ~ss than [00,000 square More than [00,000 square ,~, 'eet feet Size feet. ~ ~ ~ ?~ ~nvenlence · Comparative ~plcal Pu~hase ~nvenlence · Se ~ ~mparative ~pl~l Shopping Low, ~ j~,~ ~ Medium. , High Expenditure ~ Shopping Hlgh.%~~ , ~ ~ Medium. ~w Frequen~ ~ ~pl~l Semite Pemonal Sew~c~ ,~ Automotive Sewlces Automobile Dealers ~pes ~plcal o~ce *~ ~, Small office Buildings or ~e Office Buildings or [ndlvld~al Office Spac~ , ~pes ~ Mlxed Use Buildings. Hlxed Use Bulldlngs H0der~[e densl~, s~all ~ High & moderate densi~, High densl~, la~e mixed apaRmbnt bulldlngs~'d medium slze mlxed-use use apa~ment or ~plcal Housing ~ ~ - · town homes, nouslng? ,~ apa~ment buildings, condomlnlum bulldlngs, ~pes above ~pmmerclal/r~ll housing above housing above uses;~- ~ ~ ~mmerdal/retall uses comme~lal/re~ll uses Local Example Bell Place .~ Denton Town ~nter Golden Triangle Mall ~iFhbo~hood Ceate~ ge~ces The focus area of a neighborhood center contains ~dlitles vi:al to the day-to-day a~lvi~ of the nelghborho~, A nelghborho~ center might ~ntaln a convenience store~ small restaurant~ pemonal sewlce shops, church or synagogue~ daycare~ Individual office space~ or a small park, These diverse facilities are Ideally located In close proxlml~ to one another In the center, so that all the essentlal neighborhood facilities are In one convenient location, acc~sibie In a single stop or by walking or blklng It includes ve~lcally lntegrat~ uses where different uses may occur on each floor of the building ~ From Ci~ of Denton Comprehensive Plan, adopted by CI~ Council on December 7~, [999 Fller~nle 13. ENCLOSURE 3 ~ Z-00-003 (RNW Addition) NORTH ZONING MAP ~ 14. ENCLOSURE 4 NORTH ,,,J.003 {RNW Addition) 200'-500' NOTICE MAP 15. 0]/8--./-"888 ~)B:81 B1724338~0 ENCLOSURE 4 I P~GE 83. NOTIC OF PUBLXC HEARIN Z-O0.O03 The Planning and Zoning Commission of the City of Dento~ v~tl hold a public hearing on Wednesday, March 8, 2000 to consider making a recommendation to City Council regarding the rezoning of approximately 8 3 acres, commonly known es RNW Addition, from a Planned Development (PD-16) zoning district to Conditioned Office (O) and Neighborhood Service (NS) zoning districts. The propori~, is located at the southwest corner of Teasley Lane and Teasley Lane ~n the CitY of Denton. Denton Couttty, Texas. The public headng will atari at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney S~est, Denton, Texas Because you own property w/thin e, vo hundred (200) feet of the subject properS/, the Planning end Zoning Commission would like to hear how you feel ebou~ this zoning change request end inwtes you to attend the public hearing. Please, in order for your opinion to be taken rotc account, return this form with your comments prior to ~ date of the p~Jbl~bead~g (Tt~Is Irt rio v/Ky prohibits you ~f~om attending ant7 par~'cipa§ng In the public hee~fng ) You may fax It to the number located at the bottom, mall it to the address below, or drop It off in-person' , Planning and DeVelopment Department 221 N. Elm ST Denton, Texas 76201 Attn: Lan'y Relchhart, Development Review Manager The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are not~fled of th,e zoning request by wa.y of this notice. The first public hearing Is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses in support and in opposition Second, the zoning petition ia forwarded to the City Council for final action providing the Commission recommends approval Should the Cornmisslon recommend denial, the patJtionar,may then appeal the request to the COy Council If owners of more then twenty (20) percent of the land area vAthln two hundred (200) feet of the site submit written opp0sltlon, then slx out of seven votes of the Cit7 Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition. Please circle one: ~ In favor of request Neutral to request --'C-~n~re~. Signature ~ Printed Name: Mailing Address ~ ~)_ ~ ~., ~ ~ ~ C y. State 71p. _ - Telephone Number' Physical Address of Property withln 200 feet' ~ T-590 P OZ/03 Job-141 ~R-OZ-OO 1~4S Frow ENCLOSURE E.E. ALEXANDER FAMILY LIMITED PARTNERSHIP 214~5~.0979 M~'¢h 2, 2000 Hen Mayor Sa~k Miller City of Denton 215 Ba~ McK.,m~ey Denton, T~ 76201 Re ~e prop~ loc~ ~ ~e sou~w~t com~ of Tc~ley Z ~e ~d Lflh~ Miller P~ay, more ~cularlv described ~ ~t 1. Block B of~bc ~ Addmon. Denton. Tex~ D~ Mawr, E ~ ~er N~dy Lmu~ P~e~h~p ~ ~e ~le o~er of~e aBov~ref~ced pwpc~ ~S leR~ sh~l sewe ~ ~e o~er's ~uen opposmon w the approv~ of~at cen~n ordm~ce provid~, among oth~ firings, interim st~s for apply~g polict~ of the adopted compreh~sive pI~ lo ~ues~ for ~mnE ~endm~ ~d c~m specified no~esid~tial d~clopm~t apphc~o~ p~ng ~opuon ora ~vtsed developm~ code, to Ihe ~tent such o~m~ may be apph~ ~ ~ ~bject p~p~y AS ~ result of~ ~t~ opposition, Sechon 211 006 of~ Tex~ ~cE ~ov~t C~e ~d Section ~5-7(~) of~e Cod~ ofOr~c~s ofzhe CxW of Denton m~te ~az an a~five voZe of at le~t ~ee-fo~hs of tim memb~ of the cxzy council is r~q~red m order for ~e afo~onefi ordin~ce to become effective ~ tt ~ela~ zo ~e sub~ecz prope~y Th~ you for yo~ consid~atton of~ o~'s mz~s~ m ~ mazter. E E. ~E~ F~-Y ~ITED P~H~ By:. Alexander 1}4anagement, L L C, By' [1~'~.~ t/b b~z~_- n ~ Alexander. ~remdent 17. I~,R-OZ-Og 1$z4B From, T-~$O P 05/05 Job-141 ENCLOSURE 4 Doug Powell, C'l5, of Demon M~chael lex., C~ty of Denton Herb ProuH, C~H of Denton lennifer Wahers, CtH of Denton Carl, Moon, Sheldon Development Howard Compton, Bank of America W~lham S Dshl~rom, 3erdcens & G~lchnst 18. T-Sqg P 01/0~ J~b-141 1,9,R-.Z-O0 15~46 From ENCLOSURE 4 Jenkins & GilcbHst SUITE $200 LOS ~GmX~S, D~, ~ 75202 ~ ~o ;ROM TH~ D~ OF. ~1~) ~0~ 0 V~ ~(214)~3~ ~T~O~l~ (2 ~4) 8~5~398 ~4e~ corn I~I:CI~IENT COMP, M~nt FAX No PItONE NO ~yor Mfllg C~ or.ton ~87/4383 Doug Powell ~ of~ 9~/~707 Michael 7~ C~ of D~t~ 940134918596 Herb Pr~ CI~ of ~mon ~/3g~7923 3~lt~ W~ Cl~ often 9~49~3 Ca~ Moon Shel~n De~lopm~t 97~31/0020 How~d Co~t~ B~ of~efloa 21412~11670 · MESSAGE · Time: ~10t~,,~1;1~, March2,2000 Billing#' 46335 I Total Pages (+ Cover): ~ 19. ENCLOSURE 5 City of Denton Code, Chapter 35, "Zoning", Table 35-77 - List of Permltted Uses (ln entirety) I PRIMARY RESIDENTIAL USES ~NE-FAMILY DWELLING DETACHED X X X X X X X X X X X iONE FAMILY DWELLING ATTACHED S S S S S X X X X X ONE FAMILY DWELLING R~8).mCTED X X X X X X X TWO FAMILY DWELLING X X X X X X MF DWELLING OR APT X X X X X COMMUNITY UNIT DEV S S S S S S X X S X X X X X X DORMITORY, BOARDING OR ROOMING HOUSE X X X X X X X X HOTEL OR MOTEL S X X X X X X X TRAIt ~:~ CAMP OR MOBILE HOME PARK S S $ S C. EDUCATIONAL, ART GALLERY OR MUSEUM S S S S S S S S X X X X X X X X X CEMETERY OR MAUSOLEUM S S S S S S S S S S S S X X X X CHURCH OR RECTORY X X X X X X X X X X X ~ X X X X X X COLLEGE, UNIVERSITY OR PRIVATE SCHOOL S S S S S $ S S X X X X X X X X COMMUNITY CENTER (PUBLIC) X X X X X X X X X CORRECTIONAL FACILITIES S S S X DAY CAMP S S S S S S S S S X X X DAY NURSERY OR KINDERGARTEN SCHOOL S S S S S S S S S X X X X X X X FRATERNITY, SORORITy, LODGE, OR CIVIC FLUB S S S S S S S S S S X DROUP HOMRS X S S S S X X X X X X X X X X X HALFWAY HOUSE S S S S S S S S S S X X X X X X X X HOME FOR CARE OF ALCOHOLIC, NARCOTICOR PSCHIATRIC PATIENTS S S X X X X X X HOSPITAL (GENERAL ACUTE CARE) S S S S S X X X X X X X X X HOSPITAL (CHRONIC CARE) S S S S S X X X X X X X X [NSTITUT OF RELIOIOUS OR ?HILANTHROPIC NATURE X S S S S S S S X X X X X X X X LIBRARY (PUBLIC) S S X X X X X X X X VIONASTERY OR CONVENT X S S S S S S S X X X X X X X ~,/URSING HOME OR RESIDENCE HOME FOR %OED S S S S S S S S S X X X X X X X OCCASIONAL SALES X X X X X X X X X X X X X X X X X X PARK, PLAYGROUND OR PUBLIC COMM CTIL X X X X X X X X X X X X X X X X X X SCHOOL, PRIVATE PRIMARY OR SECONDARY S S S S S S S S X X X X X X X X SCHOOL~ PUBLIC OR DENOMINATIONAL X X X X X X X X X X X X X X X X SCHOOLr BUSINESS OR TRADE S X X X X X X X D UTILITY, ACCESSORY AND ~, ,~ o ~,~ ~ ~ ,? INCIDENTAL USES ACCESSORY BUILDINO X X X X X X X X X X X X X X X X X COMMUNITY CENTER (PRIVATE) S X X X X X X X X X X X X ELECTRICAL GENERATING PLANT S S S X X X ELECTRICAL SUBSTATION X S S S S S S S S X X X X X X X X ELECTRICAL TRANSMISSION LINE X X X X X X X X X X X X X X X X X X FIELD OR CONSTRUCTION OFFICE (TEMP) SUBJECT TO APPROVAL AND CONTROL BY THE BUILDINO OFFICIAL FIRE STATION OR SIMILAR PUBLIC SAt'l: 1 ¥ BUILDINO X X X X X X X X X X X X X X X X X GAS TRANSMISSION LINE AND M~ l ~FONO STATION X X X X X X X X X X X X X X X X X X HOME OCCUPATION X X X X X X X X X X X X X X X X X OFF-STREET REMOTE PARKING S S S S S S S S S X X X X X X X X X PRIVATE UTILITY SHOP OR STORAGE YARD S S S S X X X PUBLIC BUILDINO, SHOP, YARD OR LOCAL, STATEI OR DFEDERAL GOVERNMENT S S S S S S S S S S S S S X X X X X ~.. / RADIO AND TV OR MICROWAVE TOWER S S S S S S S S S S S X X X X X SEWAGE PUMPING STATION X X X X X X X X X X X X 20. ENCLOSURE 5 INCIDENTAL USES (CON.) SEWAGE TREATMBNT ~LANT S S S S X X , SWIMMING POOL (PR]V %TE) X X X X X X X X X X X X X X X X X X TELEPHONE, BUSINESS )FFICE X X X X X X X X TELEPHONELINEAND ½XCHANOE X X X X X X X X X X X X X X X X X SWITCING OR P. ELAY S ~ATION ~;ATER Pd/SEVOIR, WA~ 'ER PUMPING X X X X X X X X X X X X X X X X X {TATION OR WELL , %VATER TREATMENT PLANT X S S S S S $ S S S S S X X X X X ENTERTAINM]~NT USES AMUSEMENT? COMME] .CIAL (OUTDOOR) S X X X X X X AMUSEMENT~ COMM~! ~C!AL (INDOOR) X X X X X X BATTING PRACTICE F.~ CILITY X COUNTRY CLUB (pRIV, ~TE) W/GOLF X S S S S S S S X X X X X X X X X COURSE DANCE HALL ORNIOH CLUB X X X X X X DRAG STRIP OR COMM BRCIAL RACING S S X X X FAIRGROUND OR EXH{ SITION AREA S X S X X X X X GO-CART TRACK S S X X X GOLF COURSE (PUBLIC) X X X X X X X X X X X X X X X X X X 3OLF COURSE (COMM iRCIAL) S S X X X X X PARK OR PLAYGROUND (PUBLIC) X X X X X X X X X X X X X X X X X X FLAY FIELD OR STADI IM (PL~-L!C) X $ S S S S S S X X X X X X X X X X $ X X X X X I~ODEO GROUNDS { X X X X X P.O~ ~:~ OR ICE SKATING RINK S X X X X X X SEXUALLY ORIENTED BUSINESS qTABLE~ PRIVATE CLimB ~ S S S S S S S S X S X X X X S X X X X X ABLEr COMMERClA~ RBNTAL IABLE~ BOARDING SWIM OR TENNIS CL]~":~ S S S $ S S S S X X X X X X X X X X THEATER~ DRIVE-IN I S S X X X X THEATER~ OTHER TH~N DRIVE-IN TYPE S X X X X X X { F. TRANSPORTATION RELATED USES ,AIRPORT LANDING FI :.LD OR ~!-IPORT S S S S S S S S S S S S X X X X X 3US STATION OR TER ~IINAL S X X X X X X X X X X HAULING OF. STOP. AC E COMPANY X X X X X ~OTOR FREIGHT TER tlNAL X X X X RAILROAD FREIGHT ~ ERMINAI~ ~,AILROAD PASSENOt RSTATION X X X X X k RAILROAD TRACK O1; RIGHT-OF-WAY X X X X X X X X X X X X X X X X X X RAILROAD TEAM TPJ CK S X X X X X PARICINO LOT TRUCK X X X X X PARICINO LOT OR STRUCTURE S X S S X X X X X X COMMERCIAL) G AUTOMOBILE SERVICE USES ~ X X X X X X kUTO LAUNDRY X X X X X ~,UTO PAINTING AND BODY REPAIR X X X X X X ~UTO SALES AND RBPAIRON BUILDING) S X UTO WRECKING O~SALVAGE YARD X X X X X X ~ASOLINB SERVICESTATION X X X X X X NEW AUTO PARTS S~LES STOl{PS NEW OR USED CAB. S~LES LOT (IN OPEN) X X X X X SEAT COVER AND MUFFLER INSTALLATION X X X X X HOP X X X X X IRE RETR.~4.OING O~ CAPPING ~ USED AUTO PARTS S~LES lin STORE) X X X X X 21, ENCLOSURE 5 H RETAIL AND SERVICE TYPE ANTIQUE SHOP S X X X X X X BAKERY OR CONF~.Ut tONERY SHOP (RETAIL) X X X X X X X CA~ ~ ~:FJA S S S X X X X X X CLEANING AND PRESSING SMALL SHOP AND PICKUP X X X X X X X CUSTOM P£P~ONAL SERVICE SHOP X X X X X X DRAPERY, N~EDLEWORK OR WEAVING SHOP X X X X X X X FLORIST OROARDEN SHOP S X X X X X X X GREENHOUSE OR PLANT NURSERY (RETAIL) S X X X X X X HANDICRAFT SHOP X X X X X X X HOUSEIIOLD APPLIANCE SERVICE & REPAIR X X X X X X LAUNDRY ORCLEANINO~ SELF SERVICE X X X X X X X MIMEOGRAPH, STATIONERY OR Li:~ i SHOP X X X X X X ~ORTUARY OR FUNERAL PARLOR S S X X X X X X ~)FFICES~ PROFESSIONAL & ADMINIST X X X X X X X X ")FF-PREMISES SALE OF BEER AND/OR WlNI~ X X X X X X DN-PREMISES SALE OF BEER AND/OR WINE S X X X X X X [.ICENSED PRIVATE CLUB X X X X X X fAWN SHOP X X X X X ~JESTAURANT S S S X X X X X X ?,.ETAIL STORF~ & SHOPS 4,000 SF OR LESS X X X X X X X ~.ETAIL STORF$ & SHOPS OVER 4~000 SF S X X X X X X ~TUDIO FOR PHOTOGRAPHER, MUSICIAN, IARTIST OR HEALTH X X X X X X X X SECONDHAND STORE, USED FURNITURE OR RUMMAGE SAL~ X X X X X TOOL ORTRAILER RENTAL X X X X X 1 ~-~I~VED J AGRICULTURAL TYPE USES < ANIMAL POUND (PUBLIC OR PRIVATE) S S S X X X ANIMAL CLINIC OR HOSPITAL (NO OUTSIDE RUNS OR PENS) S X X X X X X X ANIMAL CLINIC, HOSPITAL OR KENNEL WITH OUTSIDE RUNS ORPENS S X X X X FARM OR RANCH X X X X X X X X X X X X X X X X GREENHOUSE OR PLANT NURSERY X S X X X X X HATCHERY, POULTRY X X X X X LIVESTOCK AUCTION S S X X LIV~ ! OCK FE~D PLANT, PENS OR YARDS S S X X BAKERY (WHOLESALE) X X X X X BUILDING MATERIAL SALES X X X X X CABINET AND UPHOLSTERY SHOP X X X X X CLEANING & DYEING PLANT ~"OMMERCIAL) X X X X X CLEANING PLANT, BAGS OR CARPETS ~PECIAL EQUIPMENT) X X X X X ~LOTHINO MANUFACTURE OR LIGHT ~OMPOUNDINO OR FABRICATION X X X X X CONTRACTORS SHOP & STORAGE YARD X X X X SNOINE & MOTOR REPAIRING X X X X X i ~EED STORE X X X X X ?LEA MARKET S S S S X HEAVY MACHINERY SALES & STORAGE X X X X X IOB PRINTING OR NEWSPAPER PRINTING X X X X ~.AUNDRY PLANT (COMMERCIAL) X X X X ' X ~ILK DSPOT~ DAIRY OR ICE CREAM PLANT X X X X X fAINT SHOP X X X X X 22. ENCLOSURE 5 K COMMERCIAL TYPEUSES ~ ~ (CON.) ~ ~ ~ , PETROLEUM PRODUCT~ STORAGE- X X X WHOLESALE 'LUMBINO SHOP X X X X X SAND, OILa. VEL OR FL~RTH SALES OR S S X X STORAGE SCIENTIFIC OR RESEARCH LABORATORIES S S X X X X X STORAOE AND SALESOF FURNITUREOR X X X X APPLIANCES OUTSIDE ~ BUILDING .~TORAGE OR SALES W~%REHOUSE X X X X tRAILER RENTAL OR ~ALES X X X X X tRANSFER, STORAOE AND BAGOAOE X X X X X tERMINAL W'HOLESALE OFFICE ~ND SAMPLE ROOM X X X X X L. NATURA m SOU CE STO EA OEXT C O EXTRACTION AND STORAGE OF SAND, S S S X X CALICHEI STONE~ CLAY OR GRAVEL PETROLEUM OR GAS ~ELL S S X X PETROLEUM COLLECTING OR STORAG~:: S S X X FACILITIES MINING OR STORAGE OF MINERAL WASTES S S X X ~. SPECIAL INDUSTR/AL i l,q o '7, PROCESSES ~: ~ ~ ~ ~ AsPRA .T oR CONC ' ING PLANT poRARv ATC.ING WITH SPECIFIC UE PE IT x x {RICK KILN OR TILE PLANT , S S X X {CEMENT OR HYDRATED LIME S X X, ANUFACTURE ~UMP OR SANITARY I~ILL AREA S S X X k4IXINO AND SALE OF CONCRETE S X X X 9PEN SALVAGE YARD FOR RAGS OR S X X NIACHINERY~ ETC MELTER OR REFINERY X X AND INDUS~.IAL USES < ~ LIGHT MANUFACTUmNG OR INDUSTRIAL USES WHICH MEET PBREORMANCE X X X STANDARDS j HEAVY MANUFACTUPdNO OR INDUSTRIAL USES NOT PROHIBITED BY L' "; AND SXCEPTING THOSE S~ECIFICALLY LISTED X X AS REQUIRING S U F 'S WHICH MEET pERFORMANCE STANDARDS iTEMFORARY USES, EXCLUDING CONCRETE 3R ASPHALT BATCHI~G (SEE DEFINITION) X X X X X X X X tEMPORARY USES, CONCRETE OR X X X X X X X X X X X X I X X X X X X X ,%SPHALT BATCH]NO,(SEE DEFINITION) ~.NY INDUSTRIAL USE WHICH DUE TO THE ?OSSIBLE EMISSION OF EXCESSIVE SMOKE, NOISE, GAS, FUMES, DUST, ODOR, VIBRATION OR THE DANGER OF FIRE, EXPLOSION OR RADIATION AS MAY BE DETERMINED BY THE HEALTH, FIRE OR S X BUILDING OFFICIALS TO BE PRESENTLY OR IN TEE FUTUR~ LIKELY TO BE A HAZARD )R NUISANCE TO ADSAC~NT PROPERTY OR THE COMMUNITY AT LARGE BUT WHICH MAY BE LOCATED AND OPERATED UNDER PECIFIC STANDARDS 23. ENCLOSURE 5 The hst of permitted uses selected for the RNW Addlhon were taken from Table 35-77 of tho Clty Of Denton Zomng Ordinance, Chapter 35 of the C~ty Code All uses hsted aro penmttexl m an "NS" zomng dxstnct Several uses permitted w~thm an 'NS" dlstnct have been deleted as mappropnate to a Neighborhood Center des~gnahon INSTITUTIONAL & SPECIAL USES ~ s~-~-~-T-r. T ~-~-- --~ .x x ~' ~'~_ CHURCH OR K~CTORY COMMUN'~ITY CE~ X X X X X X X X X X X ~NSTITUT OF REUOIOUS OR ~ X X ~_ X ~ X --~ X__-- PH'L^NTHROP~CN^TUR~ X S S S S S S S X X X X X X PARK, PLAYOaOUND OR PUaL'C COMM ~'TIL X X X X X X X X X X X ~X X X X X INCmENTAL USES (CON.) ,~u~r~luN~ /~USlNF~S OFFICE .... __ H. RETAIL AND SERVICE TYPE A~IQU~ SHOP BAKERY OR CONF~IONERy SHOP X X X X X (~TAIL) X X X X X CL~NINO AND P~S~O SMALL SHOP AND PICK~ X X X X X , X ~9~?~s~v,c~s~o. ~ x x x x x ~HO~ X X X X X X F~ST OR GA~ SHOP S ~NDIC~SHOP ~ X X X X X ~DKY OR CL~N~G. SELF $EKVICE X X X X X ~ ~x x xx ~TAU~NT X X X X X __ 24. ATTACHMENT 2 Planmng and Zoning Commission Minutes March 8, 2000 Page 2 of 3 PUBLIC HEARING - ZONING 5 Conbnue a public heanng and consider making a recommendation to C~ty Council regarding a Detailed Plan for a Planned Development (PD~93) encompassing apprommately 13 7 acres The detailed plan proposal is for a 159 umt mulb-fam~ly residential development and 4 3 acres of commercial development The property ~s located at the southwest corner of Ryan Read and Teasley Lane (Z-99-096, Ryan Rd/Teasley Lane, Larry Re~chhart) Motion by Perry McNe~ll and seconded by Rudy Moreno to recommend approval to C~ty Council with cond~bons *D~scusslon of item is included ~n Court Reporter's transcnpt attached to th~s set of m~nutes (Page 3) Motion carries 4-3 Ehzabeth Gourd~e, Salty R~shel and J~m En,qelbrecht opposed 6 Hold a public heanng to consider making a recommendation to C~ty Council regarding the rezomng of approximately 0 27 acres, commonly known as 1513 N Locust, from an Office (O) zontng district to a Planned Development (PD) zoning district The proposal Is to allow office and residential uses on the property (Z-99-084, 1513 N Locust, Larry Relchhart) Motion by Pe'rry McNe~ll and seconded by Salty R~shel to recommend approval to C~ty Council w~th conditions *Dmcuss~on Of Item is included ~n Court Reporter's transcript attached to this set of m~nutes (Page 157) Motion cames 7-0 7 Hold a public heanng and consider recommending approval to C~ty Council a Detailed Plan for approximately 162 acres ~n the Planned Development 120 (PD-120) zomng dmtnct The property m generally located between North Elm St (US 77) and Loop 288 roughly 1500 feet we~t of North Locust (FM 2164) and is legally described as 162 5 acres ~n the Thomas Toby Survey, Abstract No 1288 and the B B B & C R R Survey, Abstract No t86, ~n the City of Denton, Denton County, Texas (Z-99-101, Northpo~nte, Thomas B Gray) Motion by Salty Rmhel and seconded by Perry McNe~ll to recommend approval to C~ty Council with conditions *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 56) 8 Hold alpubhc hearing to consider making a recommendation to C~ty Council regarding the rezomng of apprommately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning d~strict to Conditioned Office (O) and Neighborhood Servme (NS) zomng districts The property ~s located at the southwest corner of Teasley Lane and Teasley Lane (Z-00-003, RNW Addition, Larry Re~chhart) Motion by Elizabeth Gourd~e and seconded by Perry McNe~ll to continue to March 22nd meeting *D~scuss~on of Item is ~ncluded ~n Court Reporter's transcript attached to th~s set of minutes (Page 78) Motion carngs 7-0 Condcns~ItTM Page 77 Page 79 I I 50, then you'd want a maximum of 50 feet I not sure if anybody needs their memory refreshed about the 2 MR. RI~HEL The minimum 2 proposed Wal-Mart, but that was the latest case that we - 3 3 zoning case that was brought forward on this, a detailed 4 No, 4 plan for tlus PD 8tnoe that time, as I said, City 5 would be 5 Council has initiated a zoning petition This was 6 lungs 6 originally advertised to be rezoned to Office and 7 that I've noticed 7 Neighborhood Service And upon further really s we've been trying t~ 8 investigating the differences between the Neighborhood 9 neceasanl) a straight hne I 9 Service and the Office, staff is now recommending as we 10 see a lot of situations fences and 10 get to it completely going to Neighborhood Service, which 11 landscape, they 11 docs allow office uses tn there So it did provide the 12 Jog to the fence 12 same flexibility as office uses It.lust allows better 13 line m the process ~ So we'd hke 13 opportunities to design something on tlus site instead of 14 to see : often 14 being rigid saying, here's your Office comer, here's your 15 o back and ask, 15 Neighborhood Service comer This docs allow the 16 naxlmum of 50 feet" would be at 16 flexibility to incorporate the two And, again, it could 17 17 be someflung to the effect where we have some groond-stery 18 that 18 retail with offices above or sometlung of that effect 19 RISHEL At the most, 50 feet s 19 'rlus parcel is 8 3 acres Tho existing PI) 20 ENGELBRECHT All right I'm.lust 20 identifies 86,200 square foot of bu,ldmg footprint 21 An) 21 We've been advised that that would be the lumts for the 22 motion wlule the letters are being passed down'~ I1 22 zoning of flus site that whatever we rcconfigure or rezone 23 appears not Okay Yes 23 this site, it would still be able to permit that 86,200 24 MR MCNEILL The numbers were five and one, 24 square feet To review, the Comprehensive Plan identifies 25 five m favor and one opposed? 25 this area as an existing residential and full compatible Page 78 Page 1 correct I district We feel that the Neighborhood Services zoning 2 2 allows the -- most closely resembles that identification 3 s unanimously 3 for tlus site It does allow some retail and commercial 4 Gray 4 ectivitles but they are Intended to be oriented towards 5 the Neighborhood Service identity as opposed to a regional Iris. ~qO~LBRECUT okay We will move on then 6 draw We would further lumt the slz~ of any retail 7 to Agenda Item No 8 which is to hold a pubhe hennn$ 7 facility to 4,000 square feet end that Is more in keeping 8 and consider making a recommendation to the City Council 8 with what a Neighborhood Center is identified tn the 9 regarding tho r~zomng of approximataly 8 3 acres, 9 Comprehensive Plan 10 commonly known as m,tw ^ddmen, from a Planned Development 10 The trip generation, if this were developed 11 16 zoning dislrlct to Coodit~oned Office and Neighborhood 11 with the 86,200 square feet of commercial, it would have 12 S~.viens zoning dasmcts The propm'ty is loeatad at the 12 generated over 5,000 trips per day With a mix of general 13 southwest comer of Tcask'y Lane and Toasl~y Lane, or 13 retail and office, we would lower that to closer to 2,500 14 Tensloy Latin and Lllhan Miller and Wind Rlv~' It's an 14 trips per day All other standard requtrementa for 1 $ lnteresttn8 in~rscctlon At this tune, I will open thc 15 utilities and landscaping would still be in effect for 16 pubhc hennng and ask Mr Re~chhsrt to provlde us with 16 fluspareel And, agatn, thehghtang, we would requm~' 17 tho staff re, port and also If he would bvgin with just a 17 the standard lighting condition 18 brief comment with regard to whom the petitioner is in 18 On page 5 of the staff report is our 19 ~ts particular case 19 recommendations They are fairly extent The conditions, 20 MP. ~iC~ffAaX The petitioner is the City of 20 one is that we would rezone the entire parcel to 21 Denton City Council had staff start a zoning petition on 21 Neighborhood Service, that the maximum building gross 22 this sit, This ts eD-iS and it is at tl~ comer of 22 floor area shall he 86,200 square feet with no tnthvidual 23 Teasley and Teasley because at one time Tenslcy just made 23 structxlre exceeding 80,200 square feet and that is, ~gatn, I 24 a curve, came around at an mtarsecUen and it was still 24 in kin to what the onstnal, the latest plans had shown 25 called T~asloy Lane We are loolang -- the latest, I'm 25 for flus site If you recall, it was a big box, PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 77 - Page 80 C~nden~ItTM Page 81 Page 83 I basically, w~th approximately 52,000 square feet with the Subdivisions Regulations, one on the north boundary, one 2 additional retml on that parcel, w~th an extension of 2 on the east boundary, and one on the west boundary that building 3 cenneetmg to thc existing access easement If the west 4 And, again, the total gross floor area devoted 4 boundary curb cut is installed, ~cass restrictions shall 5 to professional and adrmmstrat, ve offices shall be no $ be established to prevent traffic circulation rote the 6 less than 40,000 square feet No individual business 6 school property to the west And Condition No 9 7 shall exceed 4,000 square feet of gross floor area except 7 notwithstanding the conditioned site of above, the 8 for professional and adnumstratlve offices, wtuch may not 8 standards for project plan approval as per Ordinance No 9 exceed 10,000 square foot per mthvidual business 9 2000-069 shall be satisfied prior to building permit 10 Maxtraura building height shall not exceed two stones The 10 issuance And that basically ts a site plan requirement I intent of that condition is to get smaller clusters of 11 as we've identified [2 offices and retail as opposed to one large structure, more 12 The final note regarding pubhe notice, 11 3 of a campus setting, if you would, out here The exterior 13 property owners within 200 feet had been notified of this 14 of all buildings shall be 100 percent bnek There ts a 14 request To date, we have received three letters from the $ list of 20 pernutted land uses and if we need to, we can 15 surrounding neighbors, two are opposed to flus request, 16 go over all of those But they typlcally are art gallery, 16 ene is m favor of flus request And then en top of that, 17 churches, communities centers, parks, playgrounds, antique 17 tonight or just late today, we received a letter from the 18 shops, bakeries, cleaning and pressing - small shops, 18 applicant -- from the property owner stating their 19 personal service shops, drapery, needlework, weaving 19 opposition to the zoning which would require then a 20 shops, florist, garden shops, handicraft, laundry or 20 super-maJority vote at City Council if this proceeds onto 21 cleaning, all-serwce, offices, restaurants with a special 21 City Council There are at least two conditions that 22 perrmt, retail stores, shops, 4,000 square foot or less, 22 would requun a super-majority, one is if 20 percent of 23 and then studios for a photographer, museums, artist, or 23 the adjacent property owners oppose, and another condit~on ~4 health And, again, the intent is to be more 24 is if the property owner themselves oppose the zoning ~5 ne,~hhorhood-onented 25 request, a super-majority is requu'ed at City Council Page 82 Page 84 1 The sale of alcohol and tobacco are prohibited In addition, and I beheve Todd Parton from 2 is Condition No 5 A continuous 50-foot wide buffer 2 the school district ts here and he can speak on this, but 3 along the entire length of the western site boundary shall 3 we do have a letter from the school district They are 4 be maintained at all tunes A masonry screen vnll also be 4 basically requesting some adtht~onal tune to review this 5 constructed along the eastern-most edge of the bufferyard, 5 proposal and are ashng the Board to continue this 6 and that Is adjacent to the school, at a height of eight 6 application If we had a recommendation tomght from flus 7 feet above finished grade A continuous row of evergreen 7 Board to 8o forward to City Council, it is anticipated 8 trees, plantings shall be installed on the west side of 8 that it would be on the April 4th City Council hearing 9 the screening wall prior to any building occupancy Upon 9 which would still give the applicant, the school district 10 further consideration of that eond~tien and m telhng 10 tune to review and maybe bnng forth any other conditions t 1 with Todd Pm*ton, Du'eotor of Planmng for Denton 11 they may want to see on flus plan or oppose the rezenmg 12 Independent School District, we just started tallctng about 12 or come out in favor of it Besides the conchtwns, I 13 that condition and a solid row of evergreen trees may -- 13 mean, if they are opposed to flus, they would again be 14 on the school side of that wall is what the intent is to 14 over a 20 percent opposition that would require a 15 provide some 'buffering landscaping on the school side of 15 super-majority but we're at that point anyway So we're 16 that wall And a solid row of evergreens nught not be the 16 just offenng that up for -- we are recommending approval 17 ideal proposal for that It would create ideal hiding 17 and if there are any questions I'd be -- 18 placas for somebody to run down, grabalad, andrunhack 18 MR ENGELBRECHT we do have some Mr 19 up the hill or something hke that So I tlunk we'd want 19 McNefll 20 to change that to maybe a landscape buffer to be 20 MR MCNEILL The site where the library and 21 datemuned dunng the site plan review or something 21 the fh'e station, was that at one tune part of flus 22 Any ~erviea dehvery areas shall be screened 22 original 23 from public right-of-ways Storage areas shall be 23 MR REICHHART Yes, sir, it was 24 contmnedwt~hinbuflthngs A maxtmum of three curb cuts 24 MR MCNEILL And so what happened there that 25 shall be allowed tn accordance with the City of Denton 25 divided that out? How did that get divided out of this PLANNING AND ZONIN{~ COMMISSION MARCH 8, 2000 Page 81 - Page 2'7 CondcnsoltTM Page 85 Page 87 I PD, the original PD? I MR. REICHHART From that, y~ 2 MR REICHHART TO say It's divided out clothe 2 MS APPLE okay Thank you 3 onsmal PD, lt*s sttll -- It Is part of' thc PD, It JUSt 3 MR ENOELBRECHT MI* Moreno 4 got built before anyttung else In the PD I rlloan, the 4 MP. MOaENO- YeS, sir, [~{r RoIchhart, under 5 zoning on that Is still the same PD It was in 5 Condition 19, retail stores and shops of 4,000 squar~ feet 6 conjunction vath a portion of tlus property wh~re tho road 6 or leSs, where did that number como from? 7 used to be and then tbe adjaceat property to the north of 7 Ma. R~iC~I.qART ?ho 4,000 square lest? 8 that was owned by tho City after the road was 8 M~. MOP. ENO YeS, sa' 9 mconfigured And them was som~ land-swapping taking 9 MS. r. glCn~IAl{? That came from moro of thc 10 place We wanted to get a f'u'~ statlen and a hbrary m 10 Comp:~hensivo Plan analysis and on page 8 of the reporl, 11 that general area so it was reconfigured a httlo blt to 11 them was a table identifying differ~nt areas that had 12 include the library and f'u~ station to the south and then 12 been identified that could hold ~tail In the 13 the previous Planned Development 13 Comprehensive Plan, wo have ne:ghberhcod center, commumty 14 MIL MCNEILL So the City was revolved with 14 mixed uso center, and then regional mixed-uso center, and 15 that at that point and could have requested this -- could 15 the.so wer~ tho characteristics associat~d vath each of 16 have lmttated this rezonmg at that time that they've now 16 those useS In tho first column was tho neighborhood 17 Imitated 17 center Typical land area was up to ten acres We're at 18 MILREICHHART Yes 18 83 Typoofservicoaren, populattonthatthey'to 19 MIL MCNEILL I wondar why they didn't do that 19 looking for, a typical rotad tenant wes mor~ the 20 at that tune 20 convenient grocer, quick stop typ~ of thing And then the 21 MIL REICHHART I would unaglue there nught be 21 typical store size~ l~s than 4,000 square feet, and that 22 a Couple of reasons One, that we're doing it now Is that 22 camo directly out of th~ Comprehensive Plan 23 this Is more in keeping with the Comprehension Plan and I 23 Ma MORENO okay And yet, at tho same tm~ 24 believe the opposition that was shown towards what could 24 the property owner could build a structure, coo single 25 be devaloped on this parcel was an Indication of a desire 25 structure of up to 80,000 square fe~t, in round numbers Page 86 Page 1 to see this more m comphane¢ with the Comprehensive Plan I Is that what I'm understanding? 2 and more compatible to the adjacent neighborhood 2 MR REICHHART And that was -- yes, yes 3 MIL MCNEILL NOW? 3 MR MORENO SO the property owner could 4 MR REICHHART NOW 4 build, In essence, a rmnLmal, one gigantic structure with 5 MIL MCNEILL Yeah Okay Thank you 5 24,000 square foot retail shops Is that a posstblhty? 6 MR. ENGELBRECHT MS Apple 6 MR REICHHART With our proposal? 7 MS APPLE Larry, could you just refresh my 7 MIL MORENO Yes, sir 8 m~mory please on what thc original square footage was 8 MR REICHHART I believe Condition No 2 -- 9 allowed to be with the proposal that came before us 9 now, maybe it's not worded properly, the mtcot was that 10 originally? 10 no building would exceed 10,000 square feet, no single 11 MR. REICHHART The reoont detaded plan? 11 square foot would exoaed 10,000 square feet, but that 12 MS APPLE with th~ reduced variance -- the 12 could be a two-story or a three-story stmcmm We w~rc 13 rezluest that we got the first tune wluch actually reduced 13 looking at more of thc not one hugo structure as opposed 14 what it allowed What was the total square fcotage9 14 to -- 15 MR REICHHART If I reaall, I think we were 15 MR MOP, ENO But what I'm reading Is that no 16 in the 52,000 square foot area If you're talking about 16 Individual structure will exceed 80,200 square fc~t 17 the Wal-Mart proposal, first Wal-Mart proposal -- 17 MR REICHHART correct Okay, I take that 18 MS APPLE Yes, tho supermarket 18 back The intent, we're going with tho same requirements 19 MR REICHHART Yeah, was a 52,000 square foot 19 as the previously approved detmled plan and that would 20 Wal-Mart supermarket with, I believe It was a 12,000 20 allow up to 80,200 square fcct You are correct 21 square foot pharmacy And then that was later -- no, that 21 MR MOP. ENO Thank you, sir 22 was what was brought forward 22 MR £NGELBP, ECHT Mr Powell 23 MS APPLE SO this Is actually gomg to 23 MR POWELL If I may, that condition gees on 24 Increase the actual usable space by some 20,000 to 30,000 24 to mad though, that first sentence talks about tho 25 square feet? 25 of any one building but no individual business shall PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 85 - Page 88 ~ Condens~ItTM Page 89 Page 91 I exceed 4,000 sqhare feet except for professional offices, I M~ R~C~IHAItT ?hat's the hbra~y Hc~'s wluch can go up~ to l0,000 square feet So you could hev¢ 2 thaschoolandth~fh~ostat~on a large butlthng ]but wttlun that bmlthng you could not 3 ~ ~'~OaLm~C~T t wdl -- th~s appears ~o bo 4 have an mthvid~al uso 4 ccc that's s~mllar to thc other comer w~ addressed two 5 MR. RBI(~HHART One user 5 cases ago Was there any -- Is there any~ung m tl~s, m 6 MR MO~,ENO That's exactly my point 6 the coadmons of tbs request that would, to scm© extent, 7 MR ENGELBRECHT A~l right Are there any 7 ansure that thc hhrary is moorparatcd into tbs proposed 8 other questions for staff and the pattt~oner at this tune? 8 cent, ff you w~ll? It seems that there ar~ commumty 9 Mi' Williams 9 ccn~s, antique shops, bakery, on and on, office, and Fl 10 MR. WILLIAMS YeS I would l~ke some dstads 10 would scan to ma that wv cyan put m bo~ commumty 11 of flus land swap that you mvationed I 1 serwce cents, that from thc pctspccavc of tins whol~ 12 iVlR RE~CHHART The dstatls in thc original Po 12 comer, that bbrary ought to bo included m thc planning 13 that identified that land swap am very vogue and the 13 of tins corner And docs tbs m any way take that rotc 14 mformatton was more from employees that were City 14 account? 15 cmployeesthat~,werc here at the tune that kncw °f thc land 15 ~m.a~CHHA~T Notpersc Imcan, wc'vc 16 swap ! personally don tt have that reformation Wc would 16 talked about that and wv could put add~t~ooal coodmons 17 have to researoh that Imean, the land swap was made end 17 on bore that would lry to cncourage that typc of 18 thc detailed plan was approved is what we*re going under 18 interplay Wa talked that it would bo mca to have a 19 WC have an approved dctmled plan that included that 19 httlc bakery or a httlc shop bore wlm'c you could get 20 pm'eel 20 some coffee, go over and get a book, and come back and 21 MR EI~GELBRBCHT Yea, MI' Powcll, did you 21 hava an outdoor plaza or somcdung hke that that would bo 22 want to make ~ commerlt? 22 mcorporalcd in thc final design It could bo a I*3 MR POWELL yeah, I'm not sure of the 23 recommcndauon that wc could put down as a conthuon to bc 24 specifics of th~ question but the d~tatls as we know them 24 flnahzcd dunn~ tho pro. leer plan It's hard ~o say bow ~5 Is that the relocation of Teasloy Lane created _-.dd,_~o, al 25 that would b~ mcorporaled, depenthni~ on how much lraffic Page 90 Page 92 1 right-of-way a,t the northeast corner of thc property I would he anticipated to come through there because there 2 is that entrance way there And trying to elmunata thc 2 That nght-of-.way was traded to the property owner for the 3 property on tl~ south stds where the f~t~ station and the 3 number of curb cuts that we'd have on the public 4 school site sitI Teasley Lane used to come in and arch 4 right-of-way is going to increase the traffic on that a 5 and, in fact, l~ you go out there, thc roadway is still 5 httlc bit So there ~s some traffic concern about 6 there and you' can see whore thc old road alignment was 6 crossing that road and such But that is something that 7 That property, was nght-of-wny, access right-of-way and 7 we could strongly encourage and then follow through '~th 8 was what wa~ traded for the property on the south $ on the project plan portion of the -- as this goes 9 MR. P~ICI-II-IA~T And at the time that swap was 9 forward 10 rnadeand,.aglun, it's that area that's identtfied in 10 MR ENOELBRECHT okay "l'hallkyou Anyother 11 orange, both parties benefited The r~mumng parcel, the 11 questions? All nght We do have a number of individuals 12 who would -' Mr Powall, did you have any other commcnt~ 12 property thatlS ro question, got the corner wluch at that 13 tm~ was co~sldared a more valuable commodity than flus 13 MR POWELL. I do behave we have copias of 14 odd-shaped ourve 14 thc letter from the apphcant or the property owner, 15 MR. WILLIAMS And what was the zoning at that 15 excuse me 16 time? 16 MR ENGELBRECHT okay I do have cards from 17 MR. I~CHHART At that time, it was still 17 a number of m&viduals who would like to speak I also 18 have a number of cards from individuals who did not v, ant 18 PD- 16 but At ~vas under a different concept and It was 19 rezoned to l~}oluds the latest configuration 19 to speak but are mthcatmg support or oppo.~tion And as 20 MR ~NGELBRECHT Any further follow-up, Mr 20 we move through each catego~,, I will address those at thc 21 Williams? Okay Any other questions? I have one Woul 21 end after we've heard from the speakers m each case $o 22 you push tha~t up Just a little bit lughcr on thc podium 22 at t!us tune, I do have some cards for individuals who 23 andpomtoU, tthelooatlonoftholthrary? Oh, it's 23 would l~kc to speak m support Klmlensen And 24 listed right there You can see thc South Branoh Library 24 following that, I'll he calling on Teresa Andress So tf ~ 25 you want to come on down and sort of be stanchng by If ,~LANNING AND ZONING COMMISSION MARCH 8, 2000 Page 89 - Page 92 CondonaoltTM Page 93 Page 95 1 you would give us your name and address for the record, I heh~ved that each Wal-Mart store should rnflect the 2 please 2 values of its customers and support the vzslon they hold 3 MS JENSEN Yes My name Is Klm Jansen I 3 for then' community When Sam Walton rece~vecl the Medal 4 live at 829 Abbots Lane which as the bird flies is about 4 of Freedom from President Bush in 1992, he said, w~ are 5 three blocks from the school !'ma former Denton ISD 5 all working together That is the secret He would 6 elementary school teacher who quit teaching to stay home 6 probably turn over in hts grave if he knew that we were 7 with my children I currently am a lay youth director for 7 having to fight against ks store to keap our chlthen 8 the Chuch of Jesus Christ of Latter Day Smuts We have 8 safe If Wal-Mart really believes tbs, then I call upon 9 six congregations with approximately 2,500 members locall 9 them to practice what they preach and go elsewhere I 10 and our church owns the property which is the empty lot 10 hk¢ Wal-Mart, just not when it puts my children m 11 directly across from the school and we have signed the 11 danger With her handicaps, my daughter already has two 12 petition that you have received !'m currently the Sam 12 stokes against her There are 679 children at Sarn 13 Houston PTA secretary and have been selected by our 13 Houston, all with than' own stones, all v~th then' own 14 nonunatmg committee to be next year's PTA president Ot~ 14 s~nkes against them They hke to pick dandehons by the 15 PTA*a next mooting is April 13th and we would like some 15 s~de of the road Please don't mnko ~t stoke three for 16 extra tune to be able to present discussion and review 16 our clulcl~n at Sam Houston Remember, Ii takes a vdhge 17 conditions at that meeting 17 to raise a chid and Denton is such a wonderful village 18 I am concerned with the traffic that would 18 Thank you 19 come vath such a large business on this comer The 19 t,~ ~NOELBRECHT Al~y questlOl~S, 20 children are my main concern and I would like to stress to 20 Commissioners? Thank you, Ms Sensen Ms Andress, and 21 yOU that the kind of people that we are dealing with here 21 than I'll be calhog on David Bell 22 are the children I have three daughters under the age of 22 MS ANOP, ESS oecd evening, Conmussloners My 23 seven, two of which attend Sam Houston Due to tmle 23 name Is Teresa Andress I hve at 34 Oak Forest Circle m 24 constrmnts, I will tell you about just one of them I 24 D~nton and I am the principal of Sam Houston Elementar~ 25 would like to give you a face to think about while you are 25 wl~ch everyone knows is located next to the p~ece of Page 94 Page 9c I dahberatm8 this issue This is my daughter, Madehne 1 property we're spealang about I am very thankful to the 2 She is five ~ars old and in landergarten at Sam Houston 2 City Council and to the Planning and Zomng and also to 3 She hkes ev~uog pink and she hkes her hair In 3 the City staff for working to have tlus property rezoned 4 dog-ears Her pink bicycle that she often nd~s to school 4 I am tn favor of having it rezoned I tlunk that the 5 still has the U'ammg wheels on it Madehne wears 5 Conditioned Office or the Netghborhcod Services, as you're 6 glasses because she has a cataract in her left eye She 6 calhng It tomght, ts a much more compatible use for this 7 has had four surgeons on her ears and has conductive 7 property next to our school 8 hearing loss In her right ear L~ke most children, she 8 I would though like the opportunity to learn 9 does not pay close attenuoo to traffic In her case, her 9 more about what is a Neighborhood Service and would like 10 handicaps might cause her th not notice a car conuog bka 10 the opporti~ntty to present this to the parents m our 11 most children would She hkes to stop by the side of the 11 school and let them know exactly what we're talkmg about 12 road where wn walk to school and pick dandahons Onc~ 12 when we talk about Neighborhood Service As Ms Jansen 13 she was carrying a masterpiece of artwork that she thdn't 13 mentioned, we'd hke to put this on the agenda for our 14 want to crash m her backpack and It blew Into the street 14 April 1 lth PTA mooting and so I*m hoping that we can get 15 Before I could stop her, she dashed out m front of the 15 some information, like what he was reading from as ~'ar as 16 cars to catch it 16 Neighborhood Service, and present that and let the PTA 17 Now, we can't always protect our cluld~n 17 know SO that they can -- those people live in that 18 every second but we can usu our good common sense to know 18 neighborhood and if they have an opinion one way or the 19 that putting a high-traffic business next to an elementary 19 other, Ud like for them to be able to let y'all know and 20 school is not a smart idea I have every faith in tho 20 let the City Council know So thank you very much for 21 people, the good people of Denton that they would agree 21 oonsiderin8 tlus rezomng And I do think that it would 22 w~th thet~ that all people would agree if you just ask 22 be a lot safer situation for our children but I would like 23 them and that the worth of a child ~s worth more than all 23 to be able to present tt to our PTA when we do get some 24 the money in the world 24 reformation from City staff 'l~ank you 25 On the Wal-Mart websito it says, Sam Walton 125 MR ENGELBRECHT Just a moment, I heheve PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 93 - Page 96 CondenscltTM Page 97 Page 99 1 there's a question Ms Apple 1 will haw one land owner, I mean, one properly management 2 MS APPLE You're probably a good person to 2 company so 1 would imagine that If tho school distnct or 3 ask this to smoo you're the pnnclpal, and just help me 3 somebody had a problem w~th it, whoever bmlt that stop 4 understand because I'm struggling with this question m my 4 cen~'r is who's gems to be leasing to all those hnlc 5 mind about flus case The proposal would have been for 5 offices or what~vcr and that would probabl~, be who we d 6 one particular btlsmess of the 50,000-plus square feet and 6 deal with if them was a situation that occurred 7 then another business, I believe it was an Eckerd's or 7 But I fl~nk the main thing is the lraffic 8 something for the 11 ~000 square feet Two corporations, 8 That Is thc mare think that has scared everybody is thc 9 two neighborho0d-fnendly businesses A supermarket, at 9 amount of people going up and down the read and tho k~ds 0 least mine is really bustast between maybe 5 00 and 8 00 l0 U~ymg to cross and the amount of people that n would 1 in the evcamgs when everybody, you know, gets off work 11 bnng into our neighborhood as far as that wer~ not tha~, 2 and runs to the store Usually dunng the day, the 12 you know, neighborhood l~ople And so the ~raffic being 3 parking lot is pretty empty, at least at my supermarket 13 cut in half Is just very aaractivc to me 14 When I saw thiS, I started thinking that would be two 14 MS AI'I'LE okay So tha fact that tbe 5 companies, you' would deal with a Wal-Mart at 50,000 and 15 traffic would be less makes you foal better even though 16 the Eckerd's at 11,000 16 th* traffic would probably ha them during school hours 17 With this proposal, it increases the usable 17 MS AI~ORasS Iao, I thank there would be 18 functioning space by 33,000 or somewhere around 30,000 1 $ people at the 8rocea~ store dunng th~ school hours 19 square feet and tt leads to the potential of 40 businesses 19 benause most of my slay-at-home moms, that's when they go 20 at 1,000 squme feet or 20 businesses at 4,000 square feet 20 is when we've got their hds them at thc school I'm the 21 with random opening and closing hours which, you know, 21 one that gets to lake nune to the store with ma 22 could be 20 to ~10 different hours commg and gomg with 20 22 MS^PPL~ eutIknowU'snotstay-at-hamemoms 23 to 40 different types of businesses with no corporate 23 going to thc store you're warned about 24 go-to responsibility with probably lease spaces where 24 MS A~CaF. SS 1~0, that's true '5 people move in and out and have no history and have no -- 25 MS APei. E. ^nd 1 could be nuslaken but tins Page 98 Page 100 I and I'm just curious, had y'all thought about that? The isn't necessarily gems to be one property leased It 2 fact -- because I know y'all were concerned about traffic 2 could be mthvtdual businesses Am I reading that 3 and, to me, I'm thinking if there's uno business that 3 correctly? 4 opens at 8 00 o'clock and there's -- or ten businesses 4 MR REICHHART Yes 5 that open at g 00, justhelpme 5 MS APPLE Okay Okay Thankyou I'm 6 MS AI, IDRESS well, I flunk the mare flung 6 really straggling with that 7 that comes to my mmd is what your staff person sald as 7 M~ ENGELBRECHT MS Andress, just a comment 8 far as when it was gems to he a Wal-Mart grocery store, 8 with regard to your question about the uses Do you have 9 we wer~ expeetmg at least S,000 people a day Nowhis 9 a copy of the staff report~ If you don't, lfyou'dsec 10 traffic is loolang more l~e 2,500 a day So he's cutting 10 Mr Reichhart They can get you a copy and it's got a 11 the number of people that are gems to go down Teasloy and 11 list of the proposed uses so you could s~ what those are 12 Tessley in half Because these smaller stores do not have 12 Ms AhrDRESS oh, okay 13 to have as much traffic to, you know, meet the bottom 13 MR ENGELBRECHT They're using Neighborhood 14 line, whatever that would be 14 Services as a reference and then they pick some out of 15 I think the other flung that ~s moro 15 there, so it's not all of them and they can show you what 16 attractive about having the smaller stores or to having !6 those are 17 smaller busmesses ts that they vall more lfltely be 17 MS ANDaESS which ones they are? Okay la locally owned It will be, you know, maybe Jan's Nail 18 MR ENGELBRECHT Right Thank you Mr 19 Place and Jan lives somewhere tn Denton 19 Bell 20 MS APPLE Ideally 20 MR MOI~ENO question 21 MS AIqDRESS Yeah But, I mean, it wll be 21 MR ENGELBRECHT oh, yes, I'm sorry I 22 somebody's cleaners and we've had several people at our 22 believe there is another question Mr Moreno, I'm sorry 23 school who own cleaners here in Denton so tt will he 23 MR MORENO Let me just understand, Ms 24 people that are more local and have more of an interest tn 24 Andress, but do you actually prefer a stop center to a 25 Denton The money will be staying in Denton Also, they 25 smgle grocery store? PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 97 - Page 100 ~ndenscltTM Page 101 Page 103 I MS ANDRE.SS well, thc fact that offices arc I Plan that exists now, va: have th~ opporiumty to catch 2 acceptable under a Neighborhood Service, ff I understood 2 this one and put it into consistency with tho 3 correctly, because what I had read m the belpnmng was 3 Comprehensive Plan And I would urg~ you ~o do that 4 that part of this was some to be for professtooul 4 through this zoning chaa~ 5 offices, and so l would prefer pmfcssional offices I 5 Ithmk~slaffbasdoneanexcaUentjobat 6 mean, I think that those have the least amount of traffic 6 hs~amg to the community as v~'vn had our many community 7 so the more of those that go rote this, I think would be 7 me. tings and I applaud ~ design Io l'~zonc t~ plan I 8 the better But I think thai: -- because they would have 8 Ii.ak, as has been stat~, ~ ar~ a couple of danes 9 the least amount of traffic, as wall as trash and stuff 9 that aead to ba lookad at bah basically, a r~zooing 10 lflcethat 10 around das plan makes a lot of sense to me and l suppon 11 MR. MORENO okay Thankyou 11 itasar~s~dantvadan200f~t 12 MILENGELBRECHT okay Thank¥ou Mr Bell, 12 MR. ENOELBRECHT ~.nyquestlons, 13 and then I'll be calling on Tommy Thompson 13 Covamssieners? 'l~snk you I do have a number of cards of 14 MR BELL My name ts David Bell I live at 14 mthwduals who am mdicat~ng support but do not wish to 15 1020 Elhson Park Ca'cie This is a new area of Denton, a 15 spoik and I will review thos~ momentary But is ther~ 16 newvislon, anewplan I came to Denton m 1991 asa 16 anyoneels~:whewouldhketospenkmfavorofthls 17 student Imetmywife Istayecl Istayedbecanse 17 p~titloo? Anyoncels~tospenkmfavorofth~peatlon? lg there was a sense of neighborhood School, park, church, 18 Yes, sir 19 chllch~n, hbrary, home, that's what I s~c when I walk 19 ~ o~ci~P.~ ~ name ss Non Carcion I 20 out That's what l see when l take a stroll with my vafe 20 spoknwlthyou-alllast0me Franldy, Idon'tundcrstaad 21 and my dog down the street What I'm asking is that you 21 why w~'m sull ~allong about th~s I mcan, we've had 800 22 support th~ rezonmg of flus property to ensure 22 lXx)pl~ already I~v¢ a portion about rczomag this We're 23 compatibility of land uso, to support the netghbothood 23 concerned about th~ safety for the ch,ldmn We had a 24 that exists, to support the school, and to support the 24 four to two vo~ at h'~ City Councd Wal-Mart ~s a mass 25 vision of l~nton 25 m~rchanthser and they have one full operation that's.lust Page 102 Page 104 I There are three points that I'd like to make 1 not cooduclvo to *.hat piece of properly at this tune 2 with regerd to change or sopport One of thcm ls to :2 It'schengad The neighbochood has grown up aroand lt 3 r~tuce the maxunum single budding item, I guess the 3 It's residential We*va got a safety factor for the 4 question around the single stap center I don't agree 4 ch,ldr~, wl~ch is tho main cause of it You'r~ going to 5 with staff recommandatton I think that needs to be 5 have the dirt and tho extra traffic w~th dchvenes 6 changed The second one is to alumnate the north stdc 6 all-mght grocery sto~s bnng 7 curb cut for the safety of the chddren and for traffic 7 You know, tractor traders in and out over 8 purposes which would, from a walkway standpoint, 8 there during tho night when they have to restock tho 9 sigmficantly ehunnate the nsk to the ctnldren as they 9 s~oces, I~cause that's when ~h~ would r~ck when thor 10 walk through to the Wind River development Third, I also 10 customer count is down 11 support the tune to review this plan by the School Board 11 They're just not giving a thought to the 12 Thank you 12 nc~hhethood As soon as ~ den'I make numbers on a 13 MR ENGELBRECHT commissioners, any 13 quar~r, that store could he abandoned and they would just 14 questions? Thank you Mr Thompson, and then I'll be 14 go open up right across the s~'~ ~ do it ~very day 15 calhngonC-enePnce Yes 15 Youknow, wewockwsthWal-Man We mnt a lot of their 16 MR THOMPSON I'm Tommy Thompson Ihvc I stores m different pa~ of the coantry I'm with Sally 17 within the 200-foot zone radius I did receive a 17 Beauty Company and we have,lust as many stores as they do 18 raglsteredletter, sentltbaokln Idldn'tmarkltfor 18 Wedoth~semedaag We go mto an arca Wepullthe 19 or against because I didn't know enough about the proposal 19 demographics We look at the income of the area, the 20 to answer the question at the tnne I do want to state my 20 customer count, thc potential customer count, and that's 21 fonualposittonthatlammfavorofthezomngchang¢ 21 mamly all th~ look at Behavome Iwasslttlngma 22 We're looking at a piece of property here that was zoned a 22 real estat~ me,ting today for two hours lenlang at 23 long tune ago and those old zoning .Judgments are 23 locations in Ilhnois and we do tha same dang they do, 24 Inconsistent with the netghbothood that's grown up around 24 fl~ same identical dang 25 flus property I flunk if you look at th¢ Comprehensive 25 Therc'saor~gardforth~ne~ghborhoodorasy PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 101 - Page 104 C~ndonsoltTM ' Page 105 ~ Page 107 of that land of stuff It's numbers and whea the numbers 1 Maria Cartwnght says, I support the rezonmg of this 2 am over -- if they make th~ number, they mnk~ the number 2 property By removmg the Commeretal zoning, you will be ff they don't, th~ walk away last hke Food Lion thd to 3 maintaining our children's safety Lynn Thompson, support 4 tl~ north end of town 4 the rezomng to Conditioned Office and Netghberhood 5 I hke Wal-Mart I believe it's a ~neadoas 5 Services Sharon Key, I support rezomng Teasley to 6 company, ~e~nandans But certain areas matom, and after 6 office park that will have nuntmum traffic for an already 7 those atuss mature, you have to look at areas that am 7 congested area Sometbang compatible with the school and 8 cooduciw to that kind of operation That's all That's 8 residential area Sherle Bell, I support the rezomng 9 all w~'m saying Thank you 9 loc. amd at the southwest comer of Teasley Juth 10 MA. ENOELBP-.ECHT okay Any questions? Thank 10 Bradettch, I support the rezonmg, non-commercial use m 1 you Mr Pnc~, did you want to speak ia support? Them 11 order to mmntam the safety of the children and fanuhes 12 wasn't a mark an your card 12 who attend Sum Houston and use the South Branch Library 13 Ma [,atc~. oppasitaoo 13 Janet Hutchisan, support for change to professtooal 14 Ma. a~qOaLBR~CHT okay Well, I'll mark ~t 14 offices Hope Baker, support zoning change to either 5 that way and you'll have the opportamty m a moment 15 residential or small professional to lmut traff'tc Non 16 ~ ~,~tc~. okay I wasa't sum which way 16 and Bunny Cerctert, I am for the rezomng of this property 17 y'all we~ going on t! 17 to professional con(hitched offices And that concludes 8 MIL F~/OELBRI/CHT well, we'Il have opposmon 18 public input m support 19 m a nunute 19 At this tune, I do have a number of cards of 20 ~t~ ~,mc-~ okay 20 individuals who indicated they would like to speak and are 21 MU m~OI~LB~C:~? okay Just hold on, please :21 m opposition First off, we have Cary Moon And, again, 22 Is the~ anyone else who would hke to speak m support of 22 I'll remind everyone if you could give us your name and 23 th~s petition? Y~, s~r If tha'~'s anyone else who 23 profasstonal address, business address If you have -- tf 24 wants to speak m support, ff you would come on down, we'd 24 that's -- 05 appmemto tt :25 MR MOON okay My name la Cary Moon What Page 106 Page 108 MR a,~l'nqosA My name ts Bill Esptnosa I I I'd like to do ts land of trade out a position with 2 hve at 804 Smoke Rise m Denton And you have a card 2 another gentlernan to address Mr Wtlhams' quustton about 3 there And I don't really want to go rotc detail about 3 the history of how the property was switched over and tt 4 anything m particular but I've heard already that there's 4 land of sets the stage for -- 5 a lot of people even m our community that are umnformed 5 MR EhGELBRECHT For your comments? 6 about this staff proposal And if you could allow us some 6 MR MOON Yeah, for my comments 7 more tune, I tlunk that the -- when Teresa Andress spoke 7 MR I~NOELBRECHT All right That's fine 8 about giving us some more tune to look at the staff 8 MR MOON Thanks 9 proposal and present tt to the commumty tn the planned 9 MR DAHL,~TROM Mr Chmr, Comrmsston, my name 10 meetmgonApnlllth, Ith~nk, Ithmkltwouldallowus 10 lsBtllDablstrom, 1445 Ross Avenue I'm representmg the 11 to be better to respond whether it's supportive or 11 owner and the prospective developer of the property and, 12 opposing It because, just as you are, I don't think we're 12 as has been noted, we did subnut written opposition to 13 -- you're probably more reformed than we are So I would 13 this request earlier The owner had ecquu'ed the property 14 just ask that you allow us to have some tune to look at 14 with the expectation of tt being developed as proposed 15 this staff proposal and give us an extension 15 For this reason, wa are opposed to tt 16 And I am supporting rezomng because the mass 16 In specific response to Mr Williams' request, 17 merchanthsmg center is just not a good fit m that 17 it's my understanthng that tn 1988, the Denton Fire Chief 18 location And I think we all know that and l just ask 18 contacted the owner The F~ra Department or thc Ctty had 19 that you would work toward rezomng tt to something that 19 owned the orange triangle and was proposing to build a 20 is more conducive and fitting to the area Thank you very 20 fire station on that tmangle, but they needed the Teasley 21 much 21 Lane mght-of-way m order to get a larger site to build 22 MR EI~OELBRECHT Thank you, sir Anyone else 22 the Fu'e station And they contacted the owner because 23 to speak tn support before I review the cards? Okay In 23 the property was TxDOT property and they needed to contac 24 that case, I will go over your comments if you had any 24 the owner in order to get the owner to consent to the 25 In support but not voahm~ to speak, Mardyn Espmosa 25 ahandonment of Teasley, as is required under State law PLANNIN(} AND ZONING COMMISSION MARCH 8, 2000 Page 105 - Page 108 CondcnscltTM Page 109 Page 11 I The owner met with the Fire Chief and su~ested that they I MR ENGELBRECHT well, ][ think that In this 2 swap the land such that the owner would get the property 2 particular case, it is rezomng but he's, as part of his 3 at the corner and the owner would give to the City some 3 presentation with re~ard to the opposition, be's showing 4 acreo~ at the southern end of this property The swap 4 the site plan that he had proposed In November, I believe 5 was basically -- the property owner received 1 962 acres $ Is that not con. t, Mr Moon? 6 The City received 2 83 acres, as well as an access 6 MR WILLIAMS I understand that but, to me, 7 easement for the Fu'e Department And the owner did that 7 that's past That's not on the Agenda ~'he Agenda has to 8 vathout requesting any monetary consideration And 8 do with -- I'm asking the Chau'man to ask the speakers to 9 several years later, the owner gave the school d~stnct an 9 stay with the Agenda that we have tonight If they decide 10 easement without aslang for monetary consideration at all 10 to bring a site plan back, we'll listen to that, but I 11 A couple of comments also, there's been 11 want to hear something about zoning 12 discussion about a mass merchandise center here and a 12 MR, ENGELBRECHT I will take that into 13 large Wal-Mart type store, which I'm sure y'all arc 13 account to the extent that I would ask hun to rapidly 14 farmhar w~th this is not that land of use that was 14 explain how this relates to the opposition to this 15 proposed earlier We are tallang about a grocery store so 1 $ particular case 16 lt's not the mass merchandising facility that has been 16 MR MOON Okay In opposfllon to the case of 17 referred to At this point, I'd like to turn it hack over 17 rezonmg, what I'm trying to do Is to show members of the 18 to Mr Moon The developer has been trying to address as 18 Council end to the neighborhoods and to the school 19 many of the comments that we have received from the 19 d~strtct that the plan that we want to present and propose 20 neighborhood as possible They have gone way out of their 20 is a lot better plan than what staff is proposing 21 way and, yes, they have paid attention to the comments 21 MR ENGELBRECHT okay And I think that 22 that have been made They have toed and toed to address 22 pretty well wraps that up unless you have anything else to 23 the comments that have been raised And I think you will 23 say about it I would suggest that you ought want to talk 24 agree after you see what they have proposed that they have 24 with Ms Andress here There was a PTA meeting that 25 toed to sacommodate the concerns With that, I'd hke to 25 they're going to have on the 1 lth or soreethmg and Page 110 Page 112 I turn It back over to Mr Moon Thank you I certainly there would be an opportunity to speak to a 2 MR ENOELBRECHT All right Thank you Yes, 2 number of the res:dents then 3 Mr Rl~hel 3 MR MOON okay 4 MR RISHEL I d hke to request that we have 4 MR ENOELBRECHT SO your opposition is 5 two speakers here, I'd still hke to see the tu~ae being 5 registered and if you don't have any other particular 6 going forward 6 corumeats -- 7 MR ENOELBRECHT okay I'm sorry, ! dzdn't 7 MR MOON well, I think I've got one piece of 8 notice the clook wasn't going Go ahead 8 mformat~en that's important that heads to be presented 9 MIL MOON Thank you My name is Cary Moon 9 that you guys have not seen, the new site plan that we are 10 I'm with Sheldon Development Company at 14643 Dallas 10 proposing to go forward with 11 Parkway, Suite 910 What I want to present tomghi is 11 MR ENOBLBRECHT well, I don't know that -- 12 basically go over what we had gone over on the November 12 it appears that they would rather not see that at this 13 10thPandZmeettngandtrytoshowprogresssmcew¢'ve 13 ttmesLmplybecauselt'snotgomgtotmpactthe~r 14 last met As everybody knows, this is the existing PD 14 decision on whether to go yes or no with this one 15 that's m plaea today This ts the site plan that shows 15 MR MOON okay It's a lot smaller than what 16 the S2,000 square foot Wal-Mart with the 11,000 square 16 you anticipated 17 foot F, okerd's Drug Store This Is the site plan that we 17 MR ENGELBRECHT And ! would say this, 18 presented to P and Z on November 10th 18 however, if you have a small rendering and you want to 19 Poor to the November 10th meeting, we did 19 pass It around 20 have two neighborhood meetings to address any outstanding 20 MR MOON okay Sure 21 issues or any comments that the neighborhoods rmght have 21 MR ENGELBRECHT I think that would be 22 had We took into all oonsidsratlons those comments 22 appropriate And whde you're doing that, do you have any 23 After the November 10th me~tmg -- 23 other comment~ If you want to just hand that out, I'll go 24 MR. WILLIAMS EXCUse me, Mr Chau'man, is 24 ahead with the next person 25 this about a site plan or is this about rezomng? 25 MR MOON It's a largo-scale PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 109 - Page 112 CondenseItTM Page 113 Page 115 1 Ma m,:ol!l, ae..~m' okay All right If you I two different developers You have a greater opportunity 2 want to hand that around ~ can pass it around back 2 then for drainage problems where he's loo!ong after h~s 3 hero und look at tbot And we'll 8et on with tho next -- 3 httle piece but not the big picture, and It's easier to 4 we have another mchvidual who wants to sl~:ak m 4 make rmstakes when development is fragmented 5 opposition, TomlOalbreath 5 You're going to have small start-up 6 Mr.. OAt~BR,~.'m ~hank you Mr Chau'man, for 6 businesses You're encouraging smaller users, people that 7 the record, my noma is Tom Oalb~ath I'm a consuhmg 7 are starting their business for the f'~'st tLme They're 8 engineer, land planners, landscape arelatects, and ii going to have a greater rate of fmlure You're going to 9 surveyors We're represenang both Ec:ka~d's and Wal-Mart 9 have a high turnover and especially in a down economy, 10 i am going to keep It relevant to tho case that's at hand 10 which we haven't seen, but I remember '$? and there's a 11 tomght IappreCtatoyourcommentathatwe'renother~ 11 lot of stnp retatl that went vacant So you're settmg 12 to review WaloMart My only comments towards tho Wal-Mart 12 yourself up for that potential 13 and tho Eckerd'$ are going to bo rolat:vo to what you're 13 And the other thing Is what the pnnctpal 14 judging against wluch ts what staff proposed, and I think 14 said She talked about the other plan being whatever and 15 that's relevant 15 that's just right You don't know what whatever is 16 Okay Wbot I'd hke to do is make some 16 We're here to tall you what we would do today and control 17 statements up front that say that I understand tho goal 17 that type of development 18 he~ is for staff to como up w~th a moro compatthlo land 18 Now, those are bold statements and let me walk 19 use, m their oplaton, for tho na~ghborbood and for tho 19 yon through the staff report and see if I c~n prove my 20 school Whatlwanttodoischallangooachofyou, and 20 case Let's start w~th tho bulldlng stzes und the square 21 I'mgladMs Appl~$atdttbeeaase:toan~fromhermouth 21 footage $6,200 square foot was held to because that was 22 before mane, and Mr Moreno's, yco't~ fight on target with 22 what the PD size was We're proposing with the downslzmg 23 your tlankmg from my pereeptmn as a land planner tn 23 of the store from a 52,000 prate to a 41,000 prate, 52,978 24 understanthng how retail develops and how tt functions 24 square feet That represents a 38 percent reduction tn 25 I would maintain that tbo development, under 25 total square footage on the property or 33,222 square Page 114 Page 116 1 the guidelines,proposed by staff, will potentially, not feet 2 automatically, potentially generate more traffic You'll 2 Let's talk about trips per day Based on your 3 have multiple Irefuse contmners which was a big concern to 3 own staff analysts, the taps per day that are generated 4 the elementary school You'll have more opportunity for 4 by tins particular development ts 2,494 If you apply the 5 AMP conflicts ,with the school which was a big concern, as 5 same numbers that they judged us on in November, our taps 6 opposed to what we're developing where our peaks are off 6 are 2,172, 322 less taps per day 7 the peaks from the elementary school We would peak out 7 They recognize, regardless of what type of 8 in the morning probably between 10 00 and 12 00, in the 8 development It Is, all access basically has to come from 9 evening between 4 00 and 6 00 School would obviously 9 the three streets and that's not because they want to make 10 peak from probably 6 30 to 8 30 and then from 2 30 to 10 that happen next to this elementary school, it's because 11 4 30 ' 11 the loading nee. ds to occur where your mechen openings are 12 The other conflicts that I see is you have 12 So regardless of the development, they're proposing the 13 multiple loading and unloading areas They rmghi not be 13 same type of access that we were Lands~pe, we met or 14 as large, but you'll certainly have more of them and 14 exceeded And, of course, they're aslong you to at least 15 they'll be less controlled You have two stones versus 15 meet that criteria 16 one You have a highly increased chance of fragmented 16 One other thing I'd lLke to touch on are the 17 development and that's going to be reflected throughout 17 land uses I touched on it hghtly I think there's 18 the entire development 18 about five on there that are unhkely to happen just due 19 Tins ~roperty does have drainage probl~ms 19 to economics of a comer ILke that Unless the City's 20 We're prepared to address that for the 100-year storm with 20 prepared to purchase it, you're not gozng to get .21 a detention basin You're looking at two different types 21 community-type developments, swmmung pools, parks or 22 of developments, general retail and office You're 22 playgrounds The market isn't going to allow that The 23 looking at two different types of developers, perhaps 23 other thing that I would -- 24 Maybe you'll be lucky enough to get one and it would come 24 MR ENGELBRECHT I have one quastton with 25 In as a cohesive plan But I would bet that tt would be 25 regard to that I had three minutes on my clock and he PLANNING A~D ZONING COMMISSION ,MARCH 8, 2000 Page 113 - Page 116 CondenseItTM Page 117 Page 119] 1 should have had five So I don't know how that happened I MR WlLL~S Okay How far do you live from 2 Would you reset that for two minutes, please 2 the nearest grocery store? 3 MR GALBREATH Thank you I thought 3 MR GALBREATH From the nearest grocery 4 something seemed strange there What I did was I took the 4 store, I live a nule-and-a-half 5 land uses that were given, the 20, although I think It's 5 MR ENGELBRECHT MS (]ourdle 6 more hke 15, and tried to apply what the trip generation 6 MS C.,OURDIE HOW many of these stores have 7 might be And in doing that, what I looked at was a 7 you opened? 8 high-quality restaurant for purposes of Illustration, lflce 8 MR GALBREATH I'm sorry? 9 a Macaroni Grill, something where you sit down, it's not 9 MS GOURDIE HOW many of these Wal-Mart 10 take-out And assume that's 6,000 square feet that 10 grocery stores have you opened9 11 generates potentially 90 trips per 1,000 square feet, 540 11 MR OALBREATH Caroline might be a better 12 trips Now, let's assume a moderate-quality restaurant 12 person to address that They've opened more In Oklahoma 13 That could be enytlung from a bagel -- a bagel housa 13 at this point than they have in Texas 14 anymore is not .lust bagels, they sell sandwiches and are 14 MS COUP. DIE well, I guess the reason why I'm 15 very popular It could ha a Fresh Choice, winch Is a 15 aslong that Is you give statistics on intensity and 16 buffetfer--Idon'tknowlfyonhaveouemDentonbut 16 traffic lssoes and so forth, and l would l~ke to know what 17 It's very popular in Fort Worth, very upscale, very 17 the numbers are on existing buildings that are in use as 18 attractive, but they generate anywhere from 150 to 350 18 to what the real traffic count is and what the reality Is 19 trips per thousand square feet And let's fill the rest 19 versus the technical side of it So If she has that 20 of It In wrth retail That left me 35,200 of the 40,000 1 20 Information -- no, she doesn't Okay I think that that 21 had to work with There's 1,443 trips Top It off with 21 information is very unportant, It's tho reality issue 22 the office Is 600 trips Suddenly, I'm up to 3,833 trips 22 versos the subjective issue of the lnforlllation you base 23 Our goal here was to keep traffic under control for 23 upon th~ City's statistics They're two very chfferent 24 safety It may not develop out this way but it's very 24 tlungs, the reality is of a grocery store versus intensity 25 realistic that it could 25 talk So I would luke to have some concrete numbers Page 118 Page 12c I The bottom linc here Is we feel luke with an 1 MR GALBREATH I couldn't agree mom I 2 overall two entities known, you have a better chanc~ of 2 think what we are presenting is reality and I would hope 3 controlling the environment for all the concerns mentioned 3 that you have a better opportunity to control the things 4 than you do in lettmg it be a fragmented development 4 you're concerned about 5 where It's somewhat of a free-for-all as to how all tins 5 MR ENGELBRECHT Before you leave, I was 6 can happen I know the intentions were good, but I don't 6 loolong -- I had to look up a paper here, when you 7 think the market will allow you to fulfill your goals with 7 indicated your trip generation on this new plan, what did 8 the way tins is written We feel luke we have the nght 8 you say It was? 9 to come onto this property and do a development We're 9 MIC GALBREATH For Our development? 10 wllhng to work with people and see that we can have a 10 MR ENGEI.13RECHT FOr that proposal that -- 11 development that everybody can agree to 11 no, the one that you had back here that was being handed 12 I also will mention that I have with lis 12 out 13 tonight Caroline Shalhorn She's real estate manager for 13 MR OALISP. EATH Based on the staff report from 14 Wal-Mart and in charge of this specific property Thank 14 November, they were accessing 41 trips per 1,000 square 15 you 15 feet, so we eame up w~th 2,172 16 MR ENGELBRECHT okay Thenkyou I beheve 16 MR ENGELBRECHT Okay All right Thank 17 we have some questions Mr Wtlhems 17 you 18 MR WILLIAMS Yes Do you hve ~n Fort 18 MR GALBREATH Also Just FYI, a lot of people 19 Worth9 You didn't give your address 19 can't get out of their head that this isn't a Wal-Mart 20 MR GALBREATH I'm sorry 1501 Mernmac 20 store H~re's pictures of an actual neighborhood market 21 C~rcle I live in Fort Worth, Texas 21 MR ENGELBRECHT Pass that around Fred 22 MR WILLIAMS okay But you don't live at 22 Gossett Thank you 23 Merrimao Cu'cle though, do you9 23 MR GOSSETr Good evening, members of the 24 MR OALBREATH That's our business I live 24 Comrmsslon My name ~s Fred (3ussett I live at 3625 25 in Fort Worth 25 Serenthplty Hills Trail, Connth, Texas I'm responding, PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 117 - Page 120 CondenscltTM ~ ' Page 121 Page 123 I of course, to the,notice of the public hearing of property of thc School Board, pursuant to our meeting last night, 2 owners within ff200-foot distance to rezone the 8 3 acres 2 to request that final consideration by the Planning and 3 In quesUon 3 Zoning Commission be postponed or tabled until such time 4 Fu'st of all, I'd luke to say that this is a 4 that the school district has some opportunity to go 5 very emoUonal ~ssue I have great sympathy for people 5 through and do a comprehensive analysts of the particular 6 that will be affected However, m my opinion, tins is 6 zoning request that you have before you 7 not the case Frrst, I'm not here to speak on behalf of 7 I think there's a lot of questions that have 8 the owner, the purchaser, or the development company I 8 been rinsed by the Commission tonight that help underscore 9 am here as one who owns lands in the city of Denton And 9 some of that issue In the past, zomng requests that l0 as much as tlus is a ease, I am vigorously opposed to this l0 have come before the Caty, the district had stated Il effort to rezone the property an question without the I 1 opposition to those and the primary reasoo was the 12 consent of the owner This action equates to the taking 12 lntensaty of the land uses that were being proposed 13 of property without payment Furthermore, this effort, if 13 Again, it was the Board's discussion and 14 successful, should sound a huge alarm to anyone owning 14 feeling that we have 700 students that are neighbors, 15 commercial property in Denton that if the City doesn't 15 elementary school age kids, and it would he a 16 l~ke your project or what your property is zoned for, then 16 responsibility of the school district to provide as much 17 it could just rezone and throw out years of planmng, not 17 as much due dihgence as possible to review and analyze 18 to mention the expense and tune involved an zoning, lS the request that's coming before you At that point, I'd 19 platting, and dovelopmg any given site 19 be happy to entertain any questions that the Commission 20 If the effort to rezone this property should, 20 may have 21 by any stretch of the amagmaUun, be successful, it 21 MR ENG£LBRECHT comnussioners, any 22 should put fear~ln the hearts of the small landowners an 22 quesUons? Thank you Curtis Ramsay 23 this community, the very ones that do not have the 23 MR IC~'aS£Y commission, Chairman, I'm Cures 24 resources to fight the process as do the owners of the 24 Ramsay and I reside at 2028 Burmng Tree Lane here m 25 property in question Tins attempt to rezone fires m the 25 Denton And I appreciate the opportumty to speak to you Page 122 Page 124 I face of anything that is honorable and I say that at ts and to the Conumssioners of the Planning and Zoning 2 wrong, especially since the property was zoned and 2 Canumssion It's with a hula bit of uneasiness that I 3 development p!an put in place and senetiuned by the very 3 find myself at the podium speul~ng on the same subject as 4 City that is attempting this maneuver 4 the Wal-Marl representatives, as if I was speaking on the 5 I trust that you as a Planning and Zoning 5 same side of the argument And, technically, I guess I am 6 Commission will send a strong message to the City Council 6 in the sense that I m corning to oppose this proposal 7 that this sort of action should not be allowed to happen 7 tonight but in a very specific way 8 anywhere, especially to the land owners in the City of 8 I'm reminded of the epic tale of Roland at the 9 Denton Thank you 9 Pass at Rosovalls holding back the hoards of the 10 MR ENOELBRECHT Questions9 Thank you 10 Barbarians and, thus, saving western clvthzat~on, or so 11 MR GOSSE1T You're welcome 11 the story goes But l'm not Roland and there are no 12 MR ENGBLBI~,.ECHT ThiS says -- oh, doesnot 12 Barbananshere Well, maybeafew It is said that a 13 wish to speak Todd Paston 13 culture is measured by the manner m which a U'ea~s its 14 MR PARTON chan'man, memher~ of the 14 cluldren And Denton doesn't speak for the whole American 15 Commission, I am Todd Patton I'm with the Denton 15 culture for, In fact, v~ are decidedly diverse and 16 Independent ~chool District, address 1307 North Locust, 16 celebrate that diverslly in our multi-cultural character 17 Dentun, TexaS I know you have hefore you a copy of a 17 But l can and l shall speak to tha mlerest of chlldrea 18 response from the Board of Trustees We did meet in 18 and others have done so em en more eloquently tonight than 19 session last n~,ht and that was one of the items that we 19 I shall But I am one of the seven trustees of the Denton 20 had on our agenda for discussion 20 Independent School District and it lsn t m that respect 21 The s~hool district is a property owner wltlun 21 that I speak to you tonight, but as an individual because 22 200 feet of th~s particular petaUon and the school 22 you know we only speak as a total group 23 district, as standard any other citizen wthin the City, 23 While the present proposal for downsizmg, 24 has the option to respond and is dually exermsmg that 24 Case No Z-00-003 appears to he a vast unprovement over 25 right No more, no less It was a thseussion and feeling 25 th~ older designation for this same sit~ PD 16, Denton ?LANNING AND ZONING COMMISSION MARCH 8, 2000 Page 121 - Page 124 CondenseltTM ~.~. m Page 127 I hdependcnt School District's Board of Trustees has had I iS there a way that we can all help evexyone out and save 2 insufficient notice and p~eataUon of detail on thc 2 everybody's tlmc Is tbere a chance this can be delayed 3 r~fin~l zoning designations of Coodltional Office and 3 to Council9 4 Nelghborhaod Service to bc able for us to render an 4 MR POWELL Yes ! tlunk thc other $ Informed judgment As lat~ as 3 00 p m yesterday 5 alternative is if it want to Council, they obviously could 6 afiemoon, we had not received thc details of flus 6 hold It over for a recetmg ! guess thc other solution Is 7 proposal Materials were handed to us last night as our 7 that re that interim tmie period that the School Board or 8 meeting began and, of course, ther~ was not adequate time 8 the PTA have a special-called meeting 9 for our dohberation Just as the P and Z members tonight 9 MR ENGELBRECHT Those sound good but they're 10 aro asking for moro mformation whlch must be rezearched 10 toughtodo I've been on that level Isltposslble 11 than we have had tnne for, and I think Mr Wdhams spoke 11 that we re81o~ a r¢comreendatlon that it be delayed9 If we 12 to that qmto eloqu¢otly 12 send It out of here that it go to Council at a later date, 13 The compatibthty of proposed land usage with 13 that it be scheduled for a later date to Council than 14 the neighboring Sam Houston Elementary School reruams our 14 what's on the plan 15 hlgheatcoocern As our Dlroctor of Planmng, Mr Todd 15 MR POWELL Idon*tknowofanyreasonwhy 16 Par~on, already has pre, coted to you, with thc amval of 16 you couldn't do that 17 tl~backupmateriallatc}csterdayafternoon,~twas 17 MR SNYDER Argyousayreg lfyoureakea 18 impossible for proper dehberatlon to take place I 18 recommendation toreght, along with that recommendation, 19 r~terato from the l~tter that Mr Patton delivered to you 19 you recommend that it go to the Council at a date later 20 from our Board President, Dr ,lira Alexander, requesting 20 than April 4th, is that what you're saying? 21 that you defer consideration of Z 00 003 until tho Board 21 MR. ENGELBRECHT Right "that, in essence - 22 of Trusts of thc Denton Independent School District 22 in the event that it goes out of here, that we could also, 23 properly can deliberate and officmlly ~espond to thc 23 ls it within our purview to make a recommendation that it 24 substance of the zoning considerat~on I think we approve 24 he delayed to Council so that these folks would have an 25 whale-heartedly thc concept of thc downstzmg here I 25 opportunity to address it with then- particular Page 126 Page 128 I think that Is an essential factor to be considered We I constituencies and still have tune to go to the Council 2 applaud that It's the details of it that we can not yet 2 meeting 3 unravel, as you, yourselves, have indicated 3 MR SNYDER Yeah I think you can reake the 4 And we request that you defer action on this 4 recommendation I don't know that It would be binding on 5 until we have had a chance to respond to it in a moro 5 the City Council 6 official fashion 6 MR ENC~ELBRECHT okay All nght 7 MR. ENGELBRECHT Arn there questions? While 7 MR RAMSEY May ~ respond to that? 8 you're here, let me ask staff a question If this goes 8 MR ENGELBRECHT Please, if you have a 9 out of P and Z tonight, what was the scheduled date for 9 comment 10 Council? 10 MR RAMSEY It might well be that the Board '11 MR POWELL April 4th 11 of Trustees would not oppose this proposed downslzmg and 13 dn$ point in me, ~s them a chance if that goes out of 13 deliberations, and that's the substance of my concern 14 here that that could be delayed to Council in order for 14 MR EN'GELBRECHT Exactly 15 these folks, we're tal~.ng here about the school district, 15 MR RAMS~ That we do have that concern and also the parent~ at Sam H~uston and others would hke to 16 that we have an opportunity to bnng back to you, ~s the 17 get reore reformation with regard to this And I ~sk that 17 Planning and Zoreng Conmuseion, our detailed response : 18 for this reason, I don't think we want to sit here and go 1 ~ MR ENOEC~R~¢m' well, the re.on ~- no, 19 through this ~gam at this level and I don't threk you-all 19 that's fine ~0 want to coree back down hem through a public heanng of 20 MR SNYDER A thought just came to mind ~1 two houm watUng an hour-and-a-half or two hours before 21 Even if this went to the City Council on ^phi 4th, Mr ~2 it's on tbe Agenda 22 Ramsey, I suppose, could make the presentation to the City ~ MR. RAMSE¥ Anytime Too much is at stake 23 Council to table that, as well -- at that meeting, as ~4 here I'll be back unytune 24 well, so you'd have ~d~tional time The fact that It ~$ MR ENGELBRECHT well, I recognize that but 25 would come from the P and Z duesn't necessarily mean that PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 125 - Page 128 CondcnscItTM Page 129 Page 131 tt would ulttmatgly be decided by the City Council on 1 condations are a bad idea What I heard tonight was that, April 4th That thought just occurred to me 2 v~li, we're going to leave the 80,200 square feet, yet MR RAMS~IY well, I think my point wes we 3 mslde that square footage, we're going to lmut how large would 1~ to b~ able to leave with you a very deliberate 4 your busmees can be Now, think about this If tt was a 5 physician's group, I can think of thiee or four and thoughtful ~ouslderatlon on the proposal which is before you AndI think you need that land of input, 6 phystcaan's groups m town that would be outstanding smee we're one of the major property holders In 7 neighbors tn that community that are too large w~th your 8 relationship to this property, and we simply cannot do 8 10,000 square foot lumtatians 9 that In this time, frame 9 There are a number of law firms In town that 10 MIL ENOBLBRECHT okay Ms Gourdie, did you I0 could not exist m that squar~ footage And you know what, have a questlenO 11 our trips per day would be a whole lot less 12 MS GOU~RDIB well, actually I have a comment 12 retatl that I hear that would go mto this space Same 3 towards that I also rcahze that we have verbatim 13 thing would be for a real estate company 14 minutes taken l}are Pubho input ts word-for-word At 14 The second ttnng you're doing ts you're lm'ntmg a 15 the City Council meeting, tt just says 50 people spoke in 15 busmess' ahihty to grow and be succassful, because if 16 opposition AndItlunkltstmportantthatthisforumbe 16 you go tn at a eertam square foot, 4,000,10,000, 17 verbatim so weI really know what everyone knows, what 17 whatever category you fall m, and that business succeeds, 18 they're tallang ~bout And I would hate to deny anyone to 18 we're going to keep you from enjoying that success from 19 change their mind and not have ~t on pubho record 19 your hard work and lmuting your growth 20 Ma ENpBLBP~CHT okay Thank you Rachard 20 Please reject this rezonmg I do believe 21 Hayes 21 it's a good idea that If more reformation xs needed, to 22 MR HAYES Good evemng Mr Chairman, 22 provide that to people The school thstnct hes made a 23 membersofth~Coammesaoo, I'm Paehard Hayes Ihvegl9 23 rcasooable request m that regards But flus rezonmg, 24 West Oak I'm not here to speak for the petitioner or the 24 ummtiated by a landowner, dunng the huddle of a 25 landowner I am here to tell you that rezomng is a bad 25 process, as bad pubhe policy It's ehilhng that during Page 130 Page 132 aden and I'm opposed to xt If you flunk In terms that a a project, an the rmdst of ti, that the City would 2 landowner has,to be able to rely on how bas property ~s 2 tmUate a rezonmg against the wtsbes of a landowner 3 zoned, a buye~ has to be able to rely on how a property is3 Thank you 4 zoned It tak¢~ years to zone, to market, to analyze, to 4 MR ENGELBRECHT Any questaons, 5 develop, budd, and than leaee a piece of property 5 Comrmssaeners? Thank you Gene Price 6 Landowners 19vest thousands of dollars in holding costs, 6 MR PRICE Yes My name is Gene Pnee I'm 7 mpaymgtaxe~,mkeepmgitmowedfortheC~ty, m 7 at 725 Chisholm Trafl I am getting sack anfl tlred of the 8 school d~stnct running the City Unless we're going to S marketing their property and having the surveying and the 9 angmeenng and the marketing analysis studaes done 9 combme the two and make one board, we need to have the 10 And then dunng the huddle of a -- essentially 10 City do tbetr j ob and the school district do theirs It 11 a platting pro~ess because we were downzomng -- It was l I seems kke every tune we come to these things, we've got 12 the use that was allowed and we're going to downzone that 12 to say, well, what does the school thstnet want? t3 which was there, the City initiates a rezomng I find 13 Whatever they want, they get 14 this to be otulttng Property Is valued on Its use You 14 Also, flus ts free market enterprise I'm 15 know, appratsers, they look at highest and best use Is 15 concerned that the Caty of Denton Is ta3ang to make a 16 tt commercaa~7 Is tt retail? Is It restdeotial? What Is 16 socaahst city and control business and tell them what to 17 the market demand for that? And whan the use is changed, 17 do And I'm tired of these taxing antilles lrke the 1S agatust the w~sbes of the owner, and then we lumt the la Umversaty of North Texas employees and the school 19 types and theImethods by which that property can be used, 19 district and these type people trying to make these 20 it affects the market value of the property dramatically 20 businesses out to be bad people It renunds me of Umes 21 For years, property taxes have been paid on flus property 21 where people have been discrrrmnated against in the past 22 on ~ts curt'eat zomng Thc City gladly accepted those 22 because of who they are We are discrmunating In the 23 dollars Nov(, after about nine years, the C,ty dec,des, 23 City of Denton right now based on whether you're a z4 unilaterally r~ally, to make flus material change 24 resident or you're a business If you're a business and 25 The seeond pomt I'd hke to make ~s that the 25 we dec,de, uh, we don't luke you so we're going to get nd PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 129 - Page 132 C~ndons~ItTM Page 133! Page 135 I of yOU But we hke you, but we're going to keep you I 1 m I~nton, Texas In Wind River Lane And, first of all, I 2 mean, the free market works We have a growing economy 2 want to let you know that I aaa not mpreaeanng Wal-Mart 3 nght now The reason is we've had free market and 3 or Eckerd's I am hke a lot of the people over he~ do 4 businesses have been able to boom and bust and operate 4 not hhe Wal-Mart I don't care to go ther~ and I don't 5 If we lumt these businesses, our economy ts go, ng to go $ want to put on pubh¢ record what I feel about Eckerd's, 1 6 strmght m the hole 6 feel so grongly about them I have a two-yeer old son 7 The other thing is this area, this school 7 that dcesn't go to school now In the near future, I'm 8 district, this school worked very hard to get nd of 8 sure he'll be going to Sam Houston Elementary I have 9 Denton West Mobile Home Park as part of their school area 9 another baby on the way that's going ~o be goang thoro, 10 and they made them go to McNan' This school in the past l0 too I've got as much concern about the safety of the 11 has gotten exactly what they want and I think it's tune 11 chddmn m th~s neighborhood as anybody does I drive 12 that flus business gets what it wants and this school have 12 down that sm:et every day on the way to work and see the 13 to suffer a little bit because the rest of the schools 13 kids going to work w~th their moms and am concerned about 14 around the City have had to suffer and make due with 14 the h'affi¢ as much as anybody else 15 flungs and it's tune flus one docs, too These people 15 However, I can not stand for arbitrarily 16 have bought this property tn good faith and, like the 16 changulg zomng on a piece of property that someone ovals 17 earlier speaker said, we're basically stcahng from them 17 just because we don't like how -- what the plan is going 18 Wc've stole those tax dollars for all those ycars and now 18 to ha for that Thatlsnotnght These peeplc paid 19 we're going to tell them, well, we're glad we got your 19 mon~ for the property They have lave~ted anae and 20 money then, but now that you want to make some money, 2O effort into working I flunk they've shown that they have 21 that's not okay It's okay for us to make money but not 21 made a very good effort to work with the citizens 22 yOU to make money And I think that sends a real bad 22 They've offered, ~t's my understanding, to pay for a 23 message, as the earlier speakers mentioned 23 crossing guard from Wind River over lo that area I flunk 24 And this second-class citizenship for Wal-Mart 24 they're showing a good effort to work with th~ Cay and 25 and some of these other businesses, like the student 25 the conmmmty on Page 134 Page 13 I housing, that was zoned Multt-Faunly and then basically, 1 The property ts zoned PD right now My 2 well, the neighbors don't hke it so, okay, we're going to 2 understanding is that, and Elizabeth had pointed out 3 get nd of that business because we don't like it I 3 earlier today, y'all can pretty much dictate what goes in 4 mcan, where docs this stop? I mcan, do we decide, well, 4 that zoning right there You have the authority to 5 we don't hke this doctor, do we not let hun come tn? Do 5 determine what land of brick it has and what it's going to 6 we not like this lawyer so we're not going to let hun 6 look like Let's take that authority and let's take the 7 butldhera? Imean, we don't hke you so we're not gomg 7 zomng that lt's at and work with somebody who's here 8 to let you build a house where you want to build I mean, 8 willing to work with u~ work with the citizens, and I 9 where does it stop'~ I mean, we really have a problem 9 think we can all work together to come up with something 10 here And as they've mentioned, tins is a small grocery l0 that we know what we're going to get rote What you've 11 store It's not a super eenter like what's out on the Il presented to us tomght, we have no idea whet ts gotng to 12 Loop And this, in my opinion, would help alleviate some 12 come out on that property, when we've got something on the 13 ofthe traffic down to the Alberton's and the Wal-Mart 13 Aganda nght now that we know what it's gomg to look 14 You can go ahead and get your groceries right there 14 hke It rmght not he the best thing passible but it's 15 The other thing that I really want to say ts I 15 something that already matches the zoning that's there and 16 really think we may have a ConsUtuttonal problem here 16 it's not right for them to -- for us or the City to tell 17 because we're not lettmg these people operate m the free 17 them what can't go there when it's already approved under 18 eocnomy Because they bought it in good froth and I fluak 18 the zomng Let's take what we have now, work with and 19 we're lying to them and saying, well, we know you bought 19 get the best thing that we can for our lad's sake and our 20 it m good faith but now we're changing the roles It 20 furraly's sake and get flus thing figured out I flunk 21 reunndemeofWashmgtonpohtlcs Thank you very much 21 we've got enough people on the Clty staff, we'vegot 22 MIL ENGELBRECHT Thank you Is there anyone 22 enough citizens that are concerned on both sides of the 23 else who would like to speak ~n opposition? Yes, sir 23 table or the aisle here tonight, and with your help, we 24 MR RIVERS conmussioners and Mr Chau-man, 24 can come up with something that would work for our , 25 my "~'e ts Marry Rivers I hve at 2000 Whitefish Court 25 community tn this part of Denton Thank you PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 133 - Page 136 , Cond~ns~ItTM I Page 137 Page 139 I MR ENGEL~RECHT Thank you Any quasttons? I The City does have a right to rezone it As you'll " It would appear not Is there anyone else who would hke 2 notice, one of the recommendations that was made was to to speak in opposit{on? Anyone else to speak in 3 keep the square footage the same 4 oppositwn'~ In that case, I do have one card, Mr and 4 MP. MCNEILL Yeah, [ have a question about $ Mrs Larry Schnei4er indicating opposttwn Dcsue zoning 5 that 6 that would create l~ss traffic to insure safety of 6 MR SNYDER And that was based on the 7 cluldren at Sam H6uston Proper zoning would not cause 7 thinking that they're under Chapter 245 of the Local 8 devaluation of pro~erty 8 Government Code, since they already do have a detailed 9 MR SCHNEIDER I checl~d the wrong side on 9 plan that shows a building size and they have filed a 10 that 10 prelumnary plat application It was our position that 11 MR ENGELBRECHT well, I re. izod after I 11 the safest route to take if the City wanted to rezone 12 started reading the comment It didn't appear to make 12 would be to respect that building size under Chapter 245 13 sense Okay All right We'll check that and put it in 13 Chapter 245, basically, it's the -- ttus is the statute 14 that particular column We did have opposition so we do 14 that says that you can't basically change the rules 15 have -- that provides the petitioner with an opportunity 15 applicable to a project in the nuddle of the project 16 for rebuttal 16 There is a specific exemption in the statute, 17 Ma REICH~IAP. T A couple of the corm~tents that 17 however, for zoning regulations Wlthm that exempUon, 18 I guess towards rebuttal, regarding the potential traffic 18 however, there's another exemption wlttun the exemption 19 and the fact that the proposed Wal-Mart has downmz~d 19 that says that you cannot affect building size So that's 20 their traffic, or their square footage and footprint, a 20 the reason why the recommendation had a recommendation 21 lot of that has to ho with the market, landscaping, site 21 that we respect the building size that's on the current 22 configuration issues, and things like that which very well 22 approved detailed plan 23 could happen to tkts site, too We have a maxtmura We're 23 MP. MCNEILL Boy, that -- you're the lawyer 24 not identifying a rmmmum square footage that could be put 24 and I'm the engineer but that really sounds shaky to me, on ttus 25 what we're doing there By Lmphcatwn, we say we're - Page 138 Page 140 I The one conxmcnt regarding vcthatim minutes, I MR WILLIAMS Sounds immoral 2 City Council does get the verbatim minutes from tins 2 MR MCNEILL By tmphcatton, we're saying 3 meeting and ~ dp mad them We've gu~n a lot of 3 that there's a problem and we say we're going to take the 4 comments on the minutes So they do know verhaten what is 4 safest route That says to me we re concerned what x~e re $ said tonight 5 doing is questionable 6 Tbo reclu~lents about limiting 10,000 square 6 MR SNYDER well, no, what we're saying is -- 7 foot for an office size that was a staff recommondauon 7 no, no, that's not what I'm saying I'm saying that v,e 8 that can b~ changed It can be mer~ased It can bo 8 deaded that the building size should be respected under 9 decreased Any of tbo proposed comfit:cna could bo 9 Chapter 245 because of that State statute But with 10 modified as it goe~ forward to City Council We are 10 respect to a Constitutional claun, we feel hke that the 11 recommending approval 11 property owner isn't vested at this point That's wh~, the 12 Ma EhoELl~P.~cl~'r commissioners, do you have 12 City can proceed with a rezomng i 13 MR MCNEILL SO in the first part of the 13 questions for thc l~cntioncr? Y~s, Mr McNcill ~ 14 sentence, and then as Doug said earher, we start off 14 Ma MClN~ILL lhaVe a question for legal I 15 guess I'm confused about the legal process that tho City 15 saying 86,200 square feet, but then we como back and fix 16 can go through Th~o qu~oons have been raised and I 16 it so you couldn't really build a building that's 86,200 17 camo m tomght with this question in my mind How can 17 square feet Isa't that, in essence, what that 18 they do that whe~ it ahn:ady has a zoning and in tho 18 recommendation Mi~ SNYDER NO, no What we're saying -- 19 anddlo of the process we start a rczomng process? I'm 19 20 confused about t~e legality of that 20 well, all that can be arguably vested under Chapter 245 is Ma SNY{aF.R undoubtedly, the property owner 21 the building size And that's what we're saying, that any 22 may make some legal arguments concerning that But it's 22 rezonmg -- we're recommending that any rezomng of the 23 our opinion that the~ is no Constttuttosal vested right 23 property respect the 86,200 square feet that's alread) 24 tn this zoning anO lbo City does have a right to rezon~ 24 been approved on the detailed plan 25 the proI~rty, not~vtthstendmg what's happened heretofore [25 MR MCNEILL okay PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 137: Page 140 CondcnseItTM Page 141 Page 1'42 I MR ENGELBRECHT Mr Moreno 1 might ultimately d~ctate that the budding size or the 2 MR REICHHART could I make one statement 2 footpnnt or the maxtraum square feet on that property, ts 3 before I forget to'~ 3 going to be lower But this ts the maxunum that we put m 4 MR SNYDER There's one other point that Doug 4 here 5 just pomted out to me Idoo'tknowfffluswaspartof 5 MR ENGELBRECHT MS Gourdte 6 your question or not, but our Zoning Ordtnanca 6 MS GOURDIE Thank you Another question for 7 specifically authorizes the City Couned to initiate a 7 legal, please I believe it was Mr Gossett who referred 8 rezonmg, and I flunk you probably already knew that but I 8 that this was equated to taking of land Could you 9 '.~ anted to point that out 9 clarify that as to why you would make that a comment the 10 MR REICHHART Andjust the one point I 10 deservedjustfficatton'~ 11 wanted to make out, on the table out here where the 11 MR gNYDER I think that there ts a general 12 slgn-m sheets are, there are 40 copies now of the staff 12 flunking tn any community that zoning -- some people thm- 13 report that people can pick up on theu' way out 13 zoning is a matter of right And legally, zoning ~s not a 14 MR EN'GELBRECHT All right Thank you 14 right It can be changed It can be changed either to 15 Thank you Okay, Mr Moreno Sorry 15 increase development rights and tt also can be changed to 16 MR MOP, ENO That's okay Along those same 16 decrease them When he used the word "tahng," Pm 17 lines, and I'm having the same Fond of difficulty I flunk 17 flunFong he was using it tn a general sense, rather than a 18 Mr McNedlts, undercharactertsticsofaenmmercial 18 legalsense I don't know lf that answers your questton 19 development and rmxed-use acttwty center under the 19 but I flunk I addressed it earlier, we don't feel hke at 20 heading neighborhood center, new residential, I don't see 20 th~s stage to rezone the property would amount to a taking 21 a proposed budding size as a part of that charectensttc 21 of a property interest because we don't feel that the 22 v, hioh 15 unique to a neighborhood center And yet we do 22 property owner has a Constitutional vested property 23 identify a typical store size, a typmal land area m 23 interest at tlus point 24 stye, and a typmal service area So I guess what I'm 24 MS GOURDIE And this has to do with hke 25 trying to get to xs l'm having difficulty marrying an 25 we're a home-rule city so that's why we have a City Page 142 Page 14-' I 80,000 square foot budding to a neighborhood service I Council and a Planmng and Zoning Corarmssion That's a_ 2 center 2 been set up because of the type of city we made ourselves 3 MR REICHHART And I think tt goes back to 3 to be And deesn't all flus kind of v, ork with the mmal 4 the same argument we were just maFong We're trying to 4 way the city became Denton and got all flus instead of, I 5 respect the exmtmg footpnnts that were on the detaded 5 guess, a general rule where, you know, just the citizens 6 plan and stdl trying to direct It back towards lflce a 6 make all the choreas Is that what ~ e're having a 7 neighborhood center, which has been ~dentffied for 4,000 7 conflict wxth'~ 8 square foot But we're not saymg that you have to have 8 MR SNYDER well, not really This is just 9 one bmldmg that ~s 80,200 square feet 9 the zomng power of a reumctpallty ~s what I'm talking 10 MR MORENO I understand I understand 10 about The C~ty has zomng power and has a right to 11 that Okay Go ahead 11 change zoning on property Now, there have been some 1:2 MR. SN'YDER Maybe tf I stated ~t more smaply 12 comments made tomght that they thought that there x~ ould 13 Because of the constramts that we feel that are under 13 beachillmgeffect, that this is unfatr, that this ts a 14 Chapter 245 of the Local Government Code, we're 14 bad pubhc policy decision But from a legal standpoint, 15 reeommand, ng that the City respect an 86,200 square foot 15 the City can change zoning on property That doesn't mean 16 braiding footpnnt, bmld~ng size 16 that the property owner won't challenge it but that 17 MR ENGELBRECHT And, Mr Powell, thd you 17 doesn't mean that there's a taking m the legal sense 18 want to add a comment'~ 18 MS GOURDI£ okay Andlflunklhavea 19 MR. I'OWELL And I'm not sure tf this 19 questten just for whoever the City, not the City 20 addresses your concern but what we've done Is put the 20 applicant, but the City planners Another question xx as 21 lmlttS, the maximums, the braiding size, the s~ze of any 21 made by Mr Galbreath about th,s ~ ould be a developmen 22 mdtv~dual use, but just hke the development proposal 22 that would be fragmented And I guess I can't understand 23 that you saw by the landowner, we don't -- those are 23 how xt would be fragmented If the piece of land ts 24 maxtmuras And I think that the other constraints in the 24 considered I'D ,6 the person who purchased this ~s m 25 s~te, the parFong, landscaping, open space reqmrements, 25 charge of developmg tt and I don't know how his argumen PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 141 - Page 1'- Confl_e.n ~ItTM I Page 145 Page 147 I of fragmentation would como to be And maybe somebody can I MR ENGELBRECHT Exactly And I tinak staff '~ explain :t to me but t* d~dn't make any sense to me and I 2 Is conferring on that so we can get some input with regard would just hke to understand that 3 to -- 4 ~ta m~lct4m,~x I think there's the maybe 4 MS GOURDIE while they're checking on that, 5 somewhat of a potential if It's designed as a complex, a 5 can we take like a ten-minute break') 6 campus setting ty~ ~amg, that if one bmldmg were built 6 MR ENGELBRECHT well, I was hoping tf we can 7 and then notluag els~ happens, that it would be 7 wrap tins one up, then we're going to take a break since 8 fragmented But then I think that would be the City's 8 we were so close 9 fault for approving a project plan that was fragmented I 9 MR SNYDER It wilt only take me a second l0 think the project plan will come forward and will identify 10 MR ENGELBRECHT Yes, Ma' McNeil, winle 11 the footpnnts and tho parloag and tho mterconnection 11 they're loolong, go ahead 12 between the braidings and the school sd~ and the hbrary 12 MR MCNEILL Yeah, I just want to make a 13 and alt that stuff And that's what will be approved 13 comment or two Mr Gossett is correct, this really ~s, I 14 And it can address arctut~ctore and It can oddmss all 14 think, for the neighborhoods, tlus is really an emotional 15 these ~ssues And I guess, botlom line, if we approve a 15 issue I live witlun about 1,600 feet of tlms area and 16 plan that's fragmented, you know, them It is But I 16 agree with Mr Pavers, I'm not sure that I'm excited about 17 don't think that's the intent and I don't tinak that's 17 a Wal-Mart m there I'm not sure l'm excited about 18 what would happen 18 anything tn there other than maybe a park So m 19 MS oomml~ i~specmlly since this a Po and 19 principle, I flank the ~dea of rezonmg may have been a 20 the way wa'vn set up our -- 20 good idea I'm not sure the City followed their tmae 21 tm~ ~tCHaAaT ~O, because v~'m ~commenthng 21 schedule appropriately They had a chance, If my 22 straight zoning 22 calculations are correct, about 1989, I thmk that's when 23 MS OOURI~II~. okay 23 the fire station and the hbrary was zoned They had a 24 MR REICHHART with the proJeCt plan 24 chance at that point to have corrected the problem and condition 25 they didn't Page 146 Page 145 MS coOUm>IE Thank you 1 So I guess x~bere I'm coming from, and that's 2 MR ENGELBRECHT I don't see anyone else 2 part of my question to legal, I'm totally opposed to this 3 requesting to speak Commissioners, I have not closed the 3 process that we're going through here I think that this 4 public hearing at this point )tot We have had a request 4 sets a bad precedent It may be that the City has a legal 5 from both the opposmon and those tn support that we 5 right to rezone somettung tn the middle of a protect, but 6 continue th~s so that their individual constttuenctas 6 that bothers me mamensely that we would do somettung like 7 might have addmonal time to ~hscuss tiaa issue If 7 that 8 someone would like to make that motion, I would tike to do 8 And, again, I say I'm really tom with tins 9 tt before we close the pubhc hearing Ms Oourdie 9 one because I totall) agree with the majority of the 10 Me~ GOURDIE I move that we continue this 10 cotmnents that were made here from the school children anc 11 meeting to -- I was going to let them get those nifty 11 putting that thing next to a school I mean, that's 12 calendars out 12 really not a very good idea But the process ts flawed 13 MR EN(}ELBRECHT okay Our next meeting is 13 here, I guess is what realty bothers me 14 March 22nd 14 MR ENGELBRECHT okay I have some other 15 MS OOIJRDIE I move that we contmue this 15 requests but before .~e do, I wonder If I might get 16 meeting to March 22nd 16 legal's -- 17 MR EIqOELBRECHT okay Is there a second on 17 MR SNYDER I was checking to see when the 18 that motion? 18 next avadable Council meeting would be both under our 19 MR RI~HEL Second 19 rules and on the calendar and it would mean that If you 20 MR ENOELBRECHT It'S been moved and seconded 20 acted on it on the 22nd, it could go to City Council on ~ to continue tlus to March 22nd I behove the -- one 21 their meeting of April 18th So that's feasible 22 MR ENGELBRECHT Okay But that still would i,2 request was for -- was it March the 1 lth9 23 M';t GOURDIE April 1 lth was -- 23 not meet the criteria for the March -- but that's 24 MR RISH£L PTA [24 extending tt out qmte a ways It would allow the school ]25 MS GOURDIE SO that might not be helpful [25 -- obviously, the school district time to talk unless they PLANNING AND ZONING COMMISSION 8, 2000 Page 145 - Page 148 CondcnsoltTM Page 149 Page 151 I would have to have a speo~al called meeting of the Fr... i of a lack of information We would reject it because of a 2 Okay Mr Wdhams 2 poor plan We would reject It because it hadn't been 3 Ma WILLIAMS Ive sat here and I've hstened 3 thought out thoroughly We would reject it because of 4 to everything and there's some old proverbs that keep 4 onginahty that thdn't exist 5 conung to rmnd They came from me, well, they came for my 5 The City made a bad deal and I think we're 6 neighbor and I let them take my neighbor They came for 6 continuing to make a bad deal here We started off with a 7 my peeacher and I let them take my preacher Now, they're 7 bad land swap that we didn't have control of when we did 8 conung for mo and there's nobody to help me I dunk 8 that swap to begin with We have continued to make poor 9 about 70 years ago, some African-American mizzens wanted 9 judgments and nustakes in this process I think that the 10 some help and hem comes Quakertown And I'm sitting here 10 direction that we're going as a comraumty and what we're 11 hsteamg to Quakertown m 2000 And everything that is 11 trying to do, I tlunk we have the tools in place to be 12 legal ss not moral De facto is not legal and I could 12 able to control the process that we're trying to control 13 have voted very easily for this zoning change six months 13 without going through what we're going through So at 14 ago, my first tune hem, but not now, because - I have a 14 this point m tn'ne, I have to tell you I'm very much 15 senoos problem with Wal-Mart but, to me, Wal-Mart is not 15 opposed to rezonmg property In an Initiative that's put 16 the Issue Tho issue ss, do we get upset because someone 16 forth by the City and put forth poorly in Its thought and 17 that waats to build something and all of a sudden we 17 how it's brought to us and how It's thought out and how I 18 change ~o roles of tl~ game 18 It's presented to our public and is something that is as 19 Ryan is playing a basketball game right now 19 confusing as we had We have people that think that we're 20 and I would sure hate if they changed the rules in the 20 rezonmg a piece of property and we have people that think 21 fourth quarter to where, all of a sudden, Ryan had to dawn 21 we're bnngmg in another business I think we riced to -- 22 football umfonns that are m Denton so they could win 22 It would requh-e, if tlus was a petitioner coming in is 23 And, basically, that's what I'ra seeing hem and it 23 we'd require them to go out there and have some 24 concerns me that -- and also I've seen an army recruit 24 neighborhood meetings and discuss it with the public so 25 enceues by faking land I had the opportunity to guard 25 they understand what's happening And that process has Page 150 Page 152 I Fubey Alrbase and we did not understand that the land i not occurred yet Maybe we don't have time for that, I 2 belonged to the people so they couldn't sell it, they 2 don t know 3 couldn't give it away, but wc built an airport And one 3 But I tlunk that when we're taking property or 4 morning we woke up and the village was gone because we 4 reaonmg things ~n the process that we re lookang at, 5 recruited them 5 which has been poor so far, I think that we need to 6 In the United States, the land belongs to the 6 rethink and relook at what's going to go on hem Thank 7 owner and zoning is not a right, however, do you change 7 you 8 zoning because he builds something you don't Itke'~ It 8 Ma Et, OeCB~CHT MS Apple 9 concerns me 9 MS APP[B I m probably m favor of the 10 MR ENGELBRECHT Thank you I do want to 10 continuance just so everybedy can kind of ~ake a deep 11 rermnd eve~yooe that the motion before us Is to continue 11 breath because I tlunk some of the tlungs that I'm 12 to Mm'eh the 22nd Mr Pdsbel 12 concerned about and that I spoke about earlier, I hope 13 MR RISHEL I JUSt wanted to get on record, 13 that some of the neaghbors will take theao to heart and 14 my own feeling as to where we're going and the duection 14 really consider tlus plan with numerous businesses, 15 we're taking here I don't know if our vote eventually is 15 numerous business owners, numerous types of businesses, 16 going to make too much difference because we have a piece 16 less knowledge and less control over what those businesses 17 of propert~ where the landowner is opposed to it, It's 17 will be l'm hoping that they will take that into 18 going to revoke the same thing that the 20 percent rule 18 conslderat~oo And I too share the same concern that 19 would revoke If the school district was opposed to tt 19 Cenumssioner McNe~ll and Commm~oner Wdharas hate that I 20 I'm glad to have an opportunity to continue 20 think that this is an awfully poor time in the process m 21 this because it's been one of the most confusing tlungs I 21 be rezonmg 22 think we've had before us In a long, long time If this 22 tern ENGELBRECHT Mr Moreno 23 was a piece of property that was brought to us by a 23 MR MOm~.o yes, sir Mr Chairman I feel 24 property owner and asked for rezomng and we heard the 24 for both sides of the audience I know that they both 25 argument that we heard tonight, we would reject it because 25 have a vested concern and a very emotional issue here I PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 149 ~ Page 152 CondenseItTM ' Page 153 Page 155 have heard Legal's argument that the City does have the a stop development of offices So it s all subjecOve in right to rezone but I just can't help but feeling that 2 tha way you define it And you can e~ther define it just because it's legal doesn't make it right And as Mr 3 negatively or you can define n positively And I see a McNclll and Mr Williams have said, or just to land of 4 lot of negativeness and a lot of name calhng going on paraphrase what they have said, this whole pro~ss is 5 that's not bong named But thc City is dome what the starting to make me feel a little slippery and I don't 6 City has thc right to do, what's best for tie City for th~ ldce that 7 safety thc welfare, and the hame of every single person g MR ENGELBRECHT MS Oottrdl¢ 8 in this comlnunlty 9 MS GOURDIE Thank you I voted for the 9 And I tlunk postponing it will help answer 0 postponement because there were a lot of -- I actually 10 some questions and make sure y'all know exactly what I made the motion,' there are too many unanswered qtmsttons 11 neighborhood sec, Ices means Maybe you aught change your 12 But I'm a blt confusad and perplexed as to how we can't 12 rmnd You rmght see that that's not a very good opt~un 3 really see how things change Mr Hayes conunanted about 13 Bat now you hase the chance to think about it and to 4 how much tune tt takes to develop the land and to find the 14 really understand it And the p~opl~ who represent the 15 land and do thts But you know whet9 It only takes one 15 proper~y owners nught renlly consider the p~ctur~ of the 6 day for those promises that were made to the commumty as 16 hale girl whose hfe is in their hands because of ~ 17 to what that land was going to be behind you, for tt all 17 choices in the development It goes both ways It all g to be gone TO he changed becausa that developer came in 1 g works together Tht~:'s no one way of doing flus And 19 and decided that,they didn't want to put single-family 19 that's what makes a community a community is that we all 20 homes, they really want commercial back there So thc 20 see *veryone's side to this 21 promises that were made for me slx years ago, I'm not 21 MR BNOELBRECH2' Any Other comment? In that 22 getting that I might be getting a whole -- a business 22 case the motion is to continue to March 22nd, our next 13 behind my house I'm not getting smgle-farmly 23 regularly scheduled meeting Vote, please Motion 24 residential 24 cames unanimously ~ So to say that their prorm~s are more 25 I would like to ask staff to work with tl~ Page 154 Page 156 umportant than the promises to the people that am there I school distant I would hke real good numbers with 2 and oxistmg, I think that's a foul philosophy and I don't 2 regard to th~ number of students who are pedesmans on 3 belmve that anyone has the right to develop the land as 3 the v,vo sides of that tract, north and yes we r* going 4 they see fit We do have laws We live in a democratic 4 to do that in just a moment One thing, when flus comes 5 society that was based on laws and we have to follow the 5 back please We are going to take a break I want to 6 laws And though you may not hhe the laws, but they are 6 take one nuunte before we do that for Mr Power Mr 7 the laws And if thc City has the right to do this, then 7 Fregosesc is here We'd hkc to introduce hun He's not 8 the City has the right to do it for the interest of the 8 going to do a report because we don't think - it wasn't 9 whole clty as a whole Not just for the budder, notjust 9 advertised We don't thiak legally we can do that But 10 for the people in the thing, it's about the whole city 10 then ~t will 10ye you an opportunity to talk with hun over 11 And I know that there are people in this audience who l I our break And v,~'ll be taking 15 minutes afl~' we're 12 believe that the builder and the developer are what make a 12 finished here 13 city be a c~ty and I disagree A cormnuntty -- a broider 13 Mm pOW ~t. YeS Both John Fregonesc and 14 and a developer has a job because it's the enmmumty that 14 Olen Belch ar~ h~ to --just wanted to introduce them to 15 asks for them to build their buildings and it's the 15 you so you get a face with a name and theae am the 16 commumty that says, come in and braid this for me so that 16 consultants that we're workang on for the new Cod~ 17 I can have a place to go shopping It's not the other way 17 rewrite We can t have them talk to you tonight because 18 arourid ~ 18 t wasn t agendaed but they 11 bo conung back In 19 And this is one incident where the community 19 subsequent meetings and tell you about the activities of 20 came in and it,developed a whole different way and the 20 the Code Conmuttee property no longer can handle and support what was 21 MR nNoet, nal~cu'r And you can wslt with them 22 originally thee 12 years ago And I think we really need 22 on the break and sse'll take 15 minutes And when we come 23 to take that Into consideration whether it be offices or 23 back Mr Powell will talk a hale bit about it 24 what some of ~'all are complaining as a stap development, 24 (Break taken ) 25 which all of I~lhan Mdler, if you really look at It, ts 25 MR ENO~LBRECH2' we'll recon'*ese the Planning PLANNING AND ZONTIqO COMMISSION MARCH 8, 2000 Page 153~- Page 156 CondonsoItTM Page 157 Page 159 I and Zoning Conumss~on meeting and move onto Agenda Item I MR MCNEILL Thank you 2 No 6, which Is to hold a pubhc hcanng and consider 2 MR REICHHART Because they're not altering 3 mal~ng a recommendation to City Council regarding mzonlng 3 the site 4 of approxanately 0 27 acres commonly known as 1513 North 4 MR MCNEILL Right Thank you 5 Locust from an Office zoning thstnct to a Planned 5 MR ENGELBRECHT MS Apple 6 Development zoning dis~ct The proposal Is to allow 6 MS APPLE JUSt to get tlus in my nund 7 office and residential uses on the property At this 7 because I didn't see it In the backup, but flus actually 8 time, I'll open th~ public hennng and ask Mr Relchhart 8 was a bed and breakfast, was Gocifrey's Inn, if I'm not 9 to prov:do us with the staff report 9 nustaken Okay So it's actually been used for business l0 MP~RI/ICHHART veryqmckly w~'reloolangat I0 pnortothat 11 a site that the southwest comer of Colleg~ and Locust 11 MR REICHHART oh, It has been used for a 12 It's an existing -- there's the location Th~s ts some 12 business prior to that, yes 13 photos of the sU'ucture that we re loolang at Ii'avery 13 Ma APPLE And pnor to that, ltwasa 14 slrmlur to a project we recently heard right over here on 14 designer's home, as well as her intoner design business 15 ElmSm:etwhen:tbemtendedPnlsjusttoallow 15 MR REICHHART Right Correct Imean, lt'S 16 residential use of this bmlthng 16 been used for multiple -- I mean, smgle-farmly but as 17 Ii was originally consU'uctod as a 17 soon as the single-family portion of it was no longer 18 smgle-fanuly residence The property was rezoned to 18 being used, it lost that non-confornung status 19 Office Here's the zoning map And the applicant has 19 MS APPLE ~0 this IS not really an unusual 20 purchased th~s property and would hke to use n for his 20 use because it really has had land of an ongoing tustory 21 residence So the proposal is to go with the PD that did 21 of that 22 get a waiver last night or rehef from the interim 22 MR REICHHART Correct 23 rcgulat~oas so they can go under the ex,sang conthtlons 23 MS APPLE IS there adequate parians? 24 We are proposing a PO As with the last 24 MR REICHHART For smgle-fenuly, yes, there 25 application, I think it was misrepresented that the Elm 25 Is Page 158 Page 160 I Street application was City-initiated It isn't Neither 1 M~ APPLE For doctor's offices, that was my 2 is this case but It is -- the City Council has waived the 2 only concern 3 fees and has encouraged the applicants to pursue thts 3 MR REICHHART I believe there are There is 4 remedy The recommendation is to rezone to a PD We are 4 adequate parhng 5 only changing the use We're going to use the 5 MS APPLE okay Thank you 6 documentation sLmdar as the other project to document the 6 MR ENGELERECHT I did want to make clear the 7 existing conditions on the site The only tlung that's 7 notice and the purpose indicated in the haekup says, it's 8 changing is the use With any PD or any future projects, 8 being rezoned for office, for Planned Developed which 9 if the site's gnmg to be altered, they'll have to come 9 would allow office and residential, correct'~ 10 forward with revised plan and get approval to do that 10 MR REICHHART Correct 11 The uses would be lumted to those m the 11 MR ENOELBRECHT YOU had kept talPang about 12 Office and SF 7 zoning districts And then any new 12 the residential side of it 13 hghtmg on the property should be designed and maintained 13 MR REICHHART okay It will allow both 14 so as not to shine on or otherwise disturb surrounding 14 MR ENGELBRECHT Right Okay All right 15 residential property or sbane and project upward to 15 Is the petitioner or petitioner's representative present? 16 prevent the diffusion into the night sk5, With that, I 16 MR REICHRART They are not 17 can answer any questions Th~s ts consistent with the 17 MR ENGELBRECHT They are not Is there 18 Comprehensive Plan 18 anyone present who would hke to speak in favor of this 19 MR ENGELBRECHT Comrmssloners, any 19 petition9 Anyone present to speak in favor of the 20 questions'~ Mr McNedl 20 petition'~ In that case, is there anyone present to speak 21 MR MCNE1LL Just a clarification question 21 In opposition to the petition9 Anyone present to speak in 22 If this passes, then that means that if someone else 22 opposition to the petition9 Seems no opposltzon, the 23 bought that and wanted to reopen it as an office, they 23 rebuttal period is waived and the public beanng is 24 could and not have to come back to us 24 closed Any final remarks, Mr Relchhart? 25 MR REICHHART They could Correct 25 MR REICHI-IART Staff recommends approval PLANNIN'O AND ZONING COMMISSION MARCH 8, 2000 Page 157 ,- Page 160 Condens~ltTM ~ Page 163 MR ENGELBRECHT commissioners, any I MR REICHHART NO questions, comments, or a motion? 2 MR RIgHEL NO Okay A tattoo is MR MCNI~ILL Motion 3 considered retail or business'~ MR ENGELBRECHT Yes, sir, Mi' McNedl 4 MR REICHHART commercial MR MCNEILL I move to recommend approval of 5 MR RISHEL Thank you Z-99-084 with th; following conditions The documeatatior 6 MR ENGELBRECHT seeing no other request for of the existing development on the propert~ shall 7 comment, if you would vote, please Motion cames constitute a detailed plan, uses shall be lLrmted to those 8 unanimously of the Office zonlng district plus One-Family dwelling, 9 10 sv ? zoning district, any new lighting on the property 10 unde~ should be designed and maintained so as not to slune on or 11 MR POWELL Again, I apologiZe that 12 otherwise d~sturb surrounding residential property or to 12 ,e Mr work 3 slune and project upward to prevent the diffusion into the 13 14 night sky 14 hun hack at 15 MR. ENGELBRECHT IS there a second? 15 16 MR P~SH~L second 16 MR 10, 17 MR E~.GELBRECHT It's been moved and seconded 17 future Agenda items tatked about Mr 18 to recommend approval with conditions as outlined by 18 Fregonese ~s Gourdie 19 staff'? Any discussion° 19 MS 20 MR PASHEL Did you want to include 20 our attendance ; to - 21 environmental quality mapacts at all'~ I'll put that forth 21 as need to 22 as a friendly m6tion There's a No 9 in there 22 ~ penmts us to leave 23 MR MC~EILL Oh, 9 23 24 MR RIS~EL That no negative environmental 24 for us to get up and leave the meeting, 5 impacts -- 25 creates any land of' mfonnation bamer if we don't sit Page 162 Page 164 I MR MCX~I~ILL Have been identified But that I and hsten through the whole thing 2 wasn't one of the -- so how would we make that -- 2 MR ENGELBRECHT YeS, I I: 3 MR ENGELBRECHT That was just a part of the 3 time 4 staff hackground 4 . GOURDIE Yes, please 5 MR RISHEL J~st a question 5 ENGELBRECHT be 6 MR MCN£1LL Yeah 6 the next meeting, if it's long 7 MR E,NGELBRECHT okay Any other discussion'~ 7 M~ And if there 8 MR MQRENO Question 8 on ther~ 9 MR EN(3ELBRECHT YeS, Mr Moreno 9 what is the a ~ as Planning and l0 MR MORENO could flus be used as a bed and 10 Zoning get up and leave while 11 breakfast as it was m the past under ttus I'D? 11 we're n bearmg 12 MR ENGELBRECHT I don't believe a bed and 12 MR ~'es, Mr Powell 13 breakfast is allowed tn an Office district 13 MR at your next meeting, 14 MR MORENO okay 14 it's a faLrly hght had tentatively scheduled 15 MR RIgHEL could it be used as a tattoo 15 a workshop to and the staff 16 patio& 16 reports that : last meeting 17 MR MOP. ENO ,Never mind 17 But il l a light Agenda, 18 MR RISHEL We were takVang that would be a 18 even 19 good location right by TWU I don't think there is one 19 ENGELBRECHT well, { ~ interject that 20 over there W~ have enough over at my area 20 g to ask, when '~ 1 MR £~OELBRECHT Hey, we've got one down by 21 -- I can't require but I'm ask that 22 Rayzor Elemehtsry Any other -- Mr McNefll, chd you -- 22 only new speakers come up and speak, ~ do have a 23 MR MCNEILL ,NO 23 verbatim transcript So that we don't get 24 MR R~SHEL Mine's a legitmaate question ,24 people back with exactly the stone comments all over again, 25 Could it be used as a tattoo parlor? 25 hopefully 1 don't know That's my desu'e PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 161 - Page 164 Planmng and Zomng Commission M~nutes March 22, 2000 Page 2 of 3 5 Consider approval of the Final Plat of Lot 2, Block A of Asbury Un~ted Methodist Church The 3 665 acre property ~s located at the northeast corner of North Locust (FM 2164) and Hercules The property is ~n an Agncultural (A) zoning d~strlct A church faclhty is proposed (FP-O0-018, Asbury Umted Methodist Church, Thomas B Gray) 6 Consider approval of the Prehm~nary Plat of Robson Ranch 1 Phase I The 11 282 acre s~te m ~n a Planned Development (PD-173) zomng d~strlct and is generally located north of Robson Ranch Road (formerly Crawford Rd ) between Florence Road and 1-35W A 38 lot model home/sales offices complex ~s proposed (PP-00-025, Robson Ranch I, Phase I, Larry Re~chhart) 7 Consider approval of the Preliminary Plat of Robson Ranch 1 North South Spine Road The 8 999 acre s~te ~s in a Planned Development (PD-173) zomng d~stnct and ~s generally located north of Robson Ranch Road (formerly Crawford Rd ) between Florence Road and 1-35W A north south spine road for the Robson Ranch development ~s proposed (PP-00- 026, Robson Ranch I, North South Spine Road, Larry Re~chhart) 8 Consider approval of the Prehm~nary Plat for the Robson Ranch Water Reclamahon Plant The 2 9598 acre s~te ~s ~n a Planned Development (PD-173) zoning dlstnct and ~s generally located at the northeast corner of Robson Ranch Road (formerly Crawford Rd) and Florence Road A water reclamation plant associated w~th Robson Ranch ~s proposed (PP-00-027, Robson Ranch Wastewater Plant, Larry Re~chhart) Motion by Susan Apple and seconded by Salty R~shel to approve consent agenda *D~scuss~on of ~tem ~s Included ~n Court Reporter's transcript attached to th~s set of m~nutes (Page 2) Motion cames 7-0 PUBLIC HEARING - REPLATS 9 Hold a pubhc heanng and consider approval of the F~nal Plat of Lots 1, Block A, of the James Wood AutoPark Add~bon, Phase III, being a replat of Lots 1, Block A James Wood AutoPark Add~bon, Phase II and Lot 2, Block 1, Denton Cancer Center The 30 583 acre s~te is located south of the ~ntersecbon of 1-35 and State School Road The property ~s ~n a Commercial (C) zoning d~stnct The purpose of the replat ~s to accommodate expansion of the autopark (FR-O0-028, James Wood AutoPark Phase III, Mike Grace) Mobon by Salty R~shel and seconded by Perry McNe~ll to approve *D~scuss~on of ~tem ~s Included ~n Court Reporter's transcript attached to th~s set of m~nutes (Page 3) Motion carnes 7-0 PUBLIC HEARING - ZONING 10 Continue a pubhc heanng to consider making a recommendabon to C~ty Council regarding the rezomng of approximately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning dlstnct to Cond~boned Office (O) and Neighborhood Planmng and Zoning Commission M~nutes March 22, 2000 Page 3 of 3 Service (NS) zomng d~stncts The property ~s located at the southwest corner of Teasley Lane and Teasley Lane (Z-00-003, RNW Addition, Larry Remhhart) Motion by Ehzabeth Gourdte and seconded by Rudy Moreno to postpone to next meeting *D~scuss~on of ~tem ~s ~ncluded m Court Reporter's transcript attached to th~s set of minutes (Page 6) Mobon demed 2-5 Salty R~shel, Susan ADDle, J~m Enclelbrecht, Perry McNe~ll, and Carl W~ll~ams opposed Motion by Carl W~lhams and seconded by Perry McNe~ll to send to C~ty Council w~th no recommendation Motion demed 3-4 J~m En,qelbrecht, Salty R~shel, Rudy Moreno and Ehzabeth Gourd~e opposed Motion by Salty R~shel and seconded by J~m Engelbrecht to recommend approval w~th cond~bons Mobon den~ed 2-5 Susan Apple, Rudy Moreno, Perry McNe~ll, Carl W~lhams and Ehzabeth Gourd~e opposed CondensoItTM Page 5 Page 7 I PETITIONER Just here ~f you need me 1 grocecy store or whatever, which suggested to me that you 2 okay Is there anyone 2 are, m essence, m favor of the petition that the City is 3 present like to speak 3 presenting and, therefore I'm maPang that assumption and 4 petition'} e present to speak m 4 I'm going to put your card m that stack and pad it 5 petttton'~ Is present to speak 5 accerdmgly If, m fact, there is some error there 6 to the petttton'~ 6 please let me know when I get to your particular card as 7 the petttion? period 7 the evea,ng moves along 8 ts watved and the heanng is Now, 8 One other item I'd hke -- a couple of other 9 Corm-mssioners, ! don' ~ probably any final 9 items I'd hke to point out, I know that there are a 10 staff remarks 10 number of you here to speak and many of you are sanply 11 MR GRACE ~t 11 hemtotamamyoarcurdsandhsten Tlns is not a case 12 MR n'tthinkso He 12 about Wal Mart ThisisaceseabouttheCltyrequestmg 13 summed tt up m that That was great 13 a rezonmg from a Planned Development to Commercial and 14 Now, Mr Rlshel 14 Neighborhood Services -- excuse me, Condit:oned Office and 15 MR. RISHEL I'd hke t ,r the 15 Neighborhood Services And I would ask that )ou keep )our 16 approval of the of Lot 1, E A of the James 16 remarks m that veto if you are going to speak ~s 17 Wood Auto ~ Lot 1, Block 17 evening 18 A of the James and Lot 18 I know that there are a number of you standing 19 2, n Cancer Center 19 m the back and there are seats down here If you d lake to 20 MR second 20 come on down feel free to It's no problem There's, I 21 MR ENGELBRECHT 21 don t know, a dozen or so seats or moro left if you'd hke 22 to approve Any discusston on the motion9 Mr 22 to have a seat 23 MR WILLIAM~ 23 Finally ff there are -- ! do have cards from 24 at work here because I really think that flus ts not 24 a number of you who wish to speak I would ask that you 25 for the netghborhood there But smce they 25 lmm yourself to new information not presented by Page 6 Page 8 I prevtoas speakers and, for that matter, we would ask that 2 you not repeat the mformation that was presented at our 3 last -- or at the beginning of flus pubhe heanng at our , And that will move us to Agenda Item No 10 4 last meetmg We have the minutes, verbatun manures from 5 ts our only pubhc heanng regarding zoning this 5 that meeting here tomght and they have been provtded to 6 evening And that's to continue a pubhc heanng to 6 each of the Comnuss~oners 7 eonstder malang a recommendat~en to the Ctty Couuetl 7 Okay At this time, we'll ask -- and I know 8 regarding the rezomng of approxtmately 8 3 acres commonly 8 by the way that there has been a netghborhood meeting 9 known as the P, NW Addttton from Planned Development 16 9 since our last heanng on flus particular ease and so 10 zoning district to Conditioned Office and Neighborhood 10 we're going to, tn essence, begin again tn the sense that 11 Servtces zoning dtstnots The property is located at the 11 we'll ask for staff report all over again And tn tins 12 southwast oomer of Teasley Lane and Teasley Lane You 12 ease, by the way, the staff report will also be the report 13 don't often get that sort of an address 13 from the petttioner smce the C~ty ~s the one requesting 14 I do want to point out this is a continuation 14 the rezomng 15 of a pubhe heanng as opposed to a new pubhc heanng, 15 At tbas tune, I'll ask Mr Retohhart from the 16 the IV~rst ttem I want to point out A couple of other 16 Planmng Department to provtde us wtth the staff report 17 ttems I would hke to point out given the cards I've 17 and the petttioner's report Szr 18 received here thts evening, and I still have to arrange 18 MR REICHItART Thank you I don't flunk 19 more of these and put them m order 19 be as short as the prevtous presentation, There was a 20 Ftrst off, a rermnder that flus ts -- flus 20 neighborhood meetmg that we were requested to attend and 21 pubhe heanng ts tn regard to a Ctty-lmttated petttien 21 there were a number of different representattves from 22 and, therefore, we were asking you to speak either tn 22 different neighborhoods I behove y'all have a copy of 23 favor or tn opposition to that petition, to that 23 what was discussed dunng that meeting And there ~ere 24 orientation Some of you have indicated on your cards 24 ten, 11 different ttems that were brought forward as 25 opposttion but then you said you were not tn favor of a 25 possible conthttons If ttus were to go forward PLANNING AND ZONING MEETING MARCH 22, 2000 Page 5 - Page 8 , Co~_e-~eltTM Page Page I 1 I Additiona~ prohibited uses they'd like to s~ March 28th at which tune this will be discussed And is prohibit f'Lrearm sales, video arcades, tattoo parlors, 2 they've asked that we continue the caac until after that .~ head shops, and a~y outdoor speakers 3 Board meeting I've had discussions with Todd Panon, 4 The arehit~ture of the building should be 4 thau' Da'actor of Planning, regarding some items that $ sumlar to the office buildings at Southndge Oaks Office 5 they'd like to see, additional information on, and we're 6 Park 6 in the process of providing that to tbem 7 Increa,,~ th~ required sctbaaks along tha 7 With that, I think I could open it up to any 8 northern property,line and, again, that would be along 8 questions I would just lrke to reiterate what the 9 here We have the Houston Elementary School located right 9 Chau'man said is that at this tim~ the City does not have 10 there That was t~ provide additional space and 10 any zoning applications for a Wal-Mart on this site or any 11 visibility to any school cluldren walking along that 11 sit~ in the City So that was a surprise to some of thc 12 neighborhood folks, I think, when we were at the meeting 12 frontage 13 No daylight dehvenes by s~mi-trallers 13 But this is not a Wal-Mart apphcatien I just wanted to 14 Requu'e eight-foot wide sidewalks along the perimeters 14 reiterate that 15 MR ENGELBRECHT Good Comnussioners, any 15 And that, again, ~s for school children's safety 16 Allow only monument signs, no poll signs And 16 questions for staffv Okay 17 with regard to signage, them was a discussion regarding 1 ? MR REICHHART 1 would JUSt say that we do 18 the type of building-mounted signs that should be allowed, 18 recommend approval with the same conditions that we had 19 and I think staff'fe~ls that that could probably be 19 unpos~d or requested at the last meeting They arc in 20 handled during the project plan when we know more about 20 your backup There are a number of th~n And I think the 21 the end development here 21 one that may change on there was the landscaping Instead 12 One of the comments was regarding only 22 of a heavy row of evergreens, that should be landscape 23 pedestrian hghtmg on the site and, again, we would like 23 with deciduous plants, also to see that defenmd to -- we can use extended lighting 24 MR ENGELBRECHT I have one questions at this that says not to impose on residential properties, 25 point in tune The comments from the neighborhood ~ Page 10 Page 12 I adjacent resld~tial properties But that can be handled I n~,eeimg the hst of items that )ou ve provided us are 2 with the project plan, we feel 2 there any of those that are not cons~sten'~ with the staff 3 Another request was to alunmate any curb cuts 3 recommendations other than the curb cut on the northern 4 along the nortbetn property line And, again, that was a 4 property hne~ 5 safety issue related to school children walking in that 5 va~ REICHHART I don t think we: had any 6 problem with the additional prohibited uses The 6 area 7 Anoth~ comment was requmng a six- to ? architecture of the building can easily be adch~ssed la 8 eight-foot masqnry wall along that northern property line 8 leaving it, you know, saying compatible with something 9 Again, a buffer for the school cluldren 9 that's already existing out there is a good framework 10 Prohibit 24-hour retail use And that would 10 The increased sethacks, I don t know what that 11 be stmllar to what we did m one project where we said n° 11 would gam as for safetY lfthat'sanlssue, wecan 12 retail customers should be allowed on the property from 12 address that through the site plan itself Some of these 13 7 00 p m to 7;00 a m type of thing Thom hours can be 13 the eight-foot sidewalk is questionable I know there is 14 expanded or changed any way we d like 14 children that you know, nde their bikes but I don't 15 And then another request was to hold the 15 think v,e ha~ e a problem with that Slgnage Is not an i6 neighborhood meeting We had agreed that we c 16 issue 17 probably at thp elementary school anytuue after this 17 The pedesman lighting we defin tely don t 18 meeting befor~ City Council We could have an 18 think that should be -- I don't think that should be a 19 condition at tins tune We need to see what the site plan 19 informational,meeting at that time, at any tune after 20 ts going to be and what the hghung Wa can ask for - 20 that 21 We have received a couple of letters I know 21 we can require a hghnng plan as part of the project plan One was from Mr and Ivirs 22 would probably be the way to handle that And maybe not 22 you have a n'omber of copies - , ~- ~ F.n,.n the 23 the -- I don't think the e~ghi foot wall I mean if it's 23 Larry Schneider Also, we've receiveo a ~ette .......... handle 4 School Board dated March 21 st in which they are asking fo~ 24 deemed necessary And I ttunk maybe the way we can 2 - - - J ....... on 125 tbe project plan is saying ma)be pedesman c~reulaaoo /25 a continuance They will ue having a .uoara m~,,~ ,,- I'. ~ ; - Page 12 2000 CondonaeltTM Page 13 Page 15 I with adjacent uses should be addressed tn the project I you on the Planning and Zomng Commission behave that 2 plan Location of dumpsters and trash and noise should 2 building a grocery store or any large retail store next to 3 be addressed vath the project plan Identify that those 3 the elementary school is not safe And the only way to 4 are issues and then that they can be addressed through a 4 keep from having a grocery store next to Sam Houston 5 site plan review 5 school is to rezone the property at the comer of Teasley 6 MR ENGELBRECHT All right Thank you We 6 and Teasley But It was apparent to me at the March 8th 7 do have one other question Ms Apple 7 meeting that rezomng this property Is not something that 8 MS APPLE oneltemthatyoudtdn'tmentlon 8 many of you feel comfortable wlth Iwouldhketosaya 9 was the no dayhght dehvenes by semi-traders I just 9 few words that I hope will help change your minds 10 wanted people to understand that we really don't have -- 10 First of alt, I would like to remind you that 11 MR REICHHART We don't have any ordinance or 11 the Denton City Council has voted and sald that the zoning 12 -- that's going to be very hard to control But I think 12 that Is presently tn place is not consistent w~th the 13 the type of uses that we're identifying, a 10,000 square 13 Denton Comprehensive Plan and that the property needs to 14 foot office max and a 4,000 square foot retail, there 14 be rezoned That is why the City staff has worked to come 15 would be unnu'aum deliveries from satin-traders We 15 up with the rezonmg posslblhttas for y'all to review 16 believe there's going to be a lot of ups dehvenas and 16 Secondly, I know that most people agree that 17 panel trucks and things like that, but not necessarily 17 the City Council made a very big mistake and missed a 18 semi-trailers 18 great opportumty m the 90-91 timeframe when they did not 19 MS APPLE lJUst didn't want anybody 19 change the zoning of the property when the land swap took 20 tlunkmg that we had that power 20 place But just because that nustake was made almost ten 21 MR ENGELBRECHT Okay Any other quastlons'~ 21 years ago does not mean that we should centmue that 22 Appear not Thank you I do have cards from a number of 22 mistake when we have the opportunity to rectify it 23 Individuals who have indicated they wish to speak tn 23 As )ou recall, the City Counml was gettmg a 24 support and I'm assuming that means they wish to speak In 24 very usable rectangular piece of property that was 2 83 25 support of the Clty-mltlated petition Teresa Andress 25 acres and gt~ mg up a not so usable triangular piece of Page 14 Page 16 I And that will be followed by Manlyn Espmosa And the I property that was 1 962 acres They we~ not going m 2 reason I say that, if you would come on down, then we can 2 rock the boat and change the zomng that was already :n 3 sort of facilitate this process and keep your time and our 3 place and take chance of messing up the whole deal So 4 ttmc to a minimum If you would give us your name and 4 they anssed the opportumty and I bchcve and many people 5 address 5 behe~c they made a nastakc 6 MS ANDRE2$ Yes, SU' My name is Teresa 6 Lax~ makers havc made many mistakes throughout 7 Andress and I hve at 34 Oak Forrast Circle And I guess 7 thc years and when these mistakes were found to bc unjust 8 you always put those in alphabetical order because I seem 8 or unsafe, they havc heen changed no matler what the cost 9 to always gu fu'st, but that's okay I'd l~e tu start by 9 Atonet:memth:sCounh'y, the laws were very dffferent 10 presenting the Planmng and Zomng with a petition that I0 concerning dnnkmg and dnwng But they were found not 11 has Ix~n filled out i1 to he protective enough and so Legislators changed the 12 It has 857 names of people that did support or 12 laws and made them tougher At one time :t was a 13 do support the rezonmg of the property at Teasley and 13 chnver's opt:on to wear or not to wear a seatheh, but 14 Teasley And also two letters that I've made copzes for 14 lawmakers changed that law because :t was safer to wear a 15 you One Is from Lmda Hyleg who was our crossrag guard 15 seathelt Pubhc standards change and they have changed 16 for three-plus years there on Teasley and It kind of talks 16 m Denton Denton hes rules now that say you must put a 17 about her concerns for traffic And then another one is 17 s~dewalk mff you'r~ bmldmg a business or a house, that 18 from Angle Maffey, who is a mom who has spoken to y'all 18 you must put m a spnnkler system, and e~ther save trees 19 several tunes but she couldn't come tonight She wanted 19 or replant the trees :f you're bmldm8 a business or a 20 me to bnng y'all a letter 20 house These were not standards ten years ago but they 21 I am speaking as a resident of the Teasley 21 are now and they cost people money But they are worth ~t 22 area, as a mom of students who attend Sam Houston, and as 22 to keep our commumty safe and lsokmg ils best The 23 an employee at Sam Houston Elementary Because of a vote 23 Denton Comprehensive Plan has been adopted because public 24 that was taken in this room several months ago by this 24 standards ha~ e changed 25 Planning and Zoning Commission, I know that almost all of 25 The C~ty of Denton wants braidings that are PLANNING AND ZONING MEETING MARCH 22, 2000 Page 13 - Page 16 CondenseltTM Page 17 Page 19 I adjacent to each other to have compatible uses A grocery up And ~t was a very long process It was a very hard ~ store and elementary school do not have compatible uses 2 process So we am very well aware of that process and we Putting a grocery istore next to an elementary school puts 3 know what ~t rakes to do it m every way Wc know what 4 the students that go to that school at greater risk due to 4 steps you hate to go through We know, because we've been 5 traffic and other l~luugs 5 before the City, we know all of that The emotional part 6 Them is not~ng that we can do to make sure 6 of n the financial part of ii, every ba of it, but I am 7 that children's lives are 100 percent safe besides looting 7 here to tell you that if that neighborhood wh~r~ we built 8 them up and never letting them out But there are flungs 8 that business had come to us and had said what I have been 9 that we can do as edults m their hves that will kneP 9 heanng hare I can tell you from the bottom of my hea~l, 10 from putting them more at risk One thing we can do is to 10 we would not have built that business And I can assure 11 rezone the property so they are not affected by the extra 11 you of that No mater how much money we would have put 12 traffic, the adthttonal non-sohooI related people that 12 down 13 will be tn such close proxmuty, and the bug and rodent 13 We also know that as - when you buy properW 14 problem that comes from a grocery store 14 when v~ bought that propexty before we built fha business 15 We need sometbang that does not bnng 5,000 15 we knew -- we knew that thexe was a chance that that could 16 tripsadey, that does not need a curb cut oo Teasley 16 berezonedatanymneupuntllacerta~npmnt Andwe 17 Lane, that does not sell beer, vane, and tobacco products, 17 were well aware that when we bought that, that that could 18 and that is not opes 2~1 hours a day next to our school 18 be done up until a carmm point, I say 19 We are very interested in the rezomug that 19 So them are cenam things when you buy 20 the staff has presented and we would hope that you would 20 property, whan we bought that prop~t'ty, that we took a 21 defimtely consider it And we do want the eight-foot 21 chance We knew that We stdl own some propert~ now and 22 masonry wall ~'henk you 22 we re trying to develop it So I kind of wanted to speak 23 MR ENGI~LBRECHT com.n-assioners, are there any 23 to that a little b~t Not that I don't feel sorry for i24 questtons'~ That's getting all in that Five minutes you've 24 people, but I think that you have to look at wh~e's your got 25 haar~, what kind of ~s it -- you know, why am you Page 18 Page 20 I MS ANDRESS Well, I had about half a page I doing this'~ What are you doing'~ There's a lot of things 2 left but that will be all right Thank you 2 to look at here 3 (Applause) 3 And I think until you have been through that 4 MR ENOELBRECHT Ladies and gentlemen, 4 process hke we were, you probably don't understand all 5 please, If we have this again, I'm going to take a 5 the grief and heartache that can come from building a 6 15-minute recess Now, I'm sorry but I've asked you not 6 busmess But you also know you have to do what your 7 -- to refrain from that before Ms Espmosa And that 7 heart says ts right on the inside, too And if those 8 will be followed by James I_e~onardi 8 folks around that business had come and told us that, I 9 M~ E.~PINO~A I'm Manlyn Espmosa I live 9 know we wouldn't have -- we wouldn't have And I don't 10 at 804 Smoknnse And I've been a homeowner m 10 say that to be pat ourselves on the hack It's.lust -- tt 11 Ridge Subchvlston for 14 years We bruit the home new 11 wouldn't have been a friendly good tl~ug to do, to know 12 there when there were five homes only in that area and 12 that we were sitting there, that nobody wanted us there 13 there was not very -- there was very little around except 13 That's all I think I need to say I appreciate you-ali 14 Southrtdge I don't even really know where to start I'm 14 listening to me 15 lind of, as you-all are, I'm sure, lind of weary of th~s 15 MR ENGELBRECHT Any questions, 16 I knOW it's so'important though I was a soheol teacher 16 Commissloners'~ Thank you Mr Leenardi And I'll be 17 I taught for eight years I know I need to tell you 17 asking then for Lynn Thompson 18 somettuug about myself and my husband We have been 18 MR LEONARDI Good evening My name is JLm 19 through -- beoause I was here at the last meeting and I 19 Leenardl I live at 800 Smokertse Ctrele I've been a 20 noticed that there was some conoem on your part about the 20 Denton resident for about 15 years now Let me first say 21 people who own and who are developing this land, that you 21 I manage a global IT infrastructure for Texas Instruments :22 seem to sense that there was some unfaWaess to them 22 across 33 countries so I can really appreciate the value t 23 I need to tell you something that my husband 23 of standard~ but also the trouble it takes to maintain 24 and I did We bought some land after saving for a long 24 them So I thank y'all for the job that you do with this number of years and we built a business from the ground 25 massive growth that's going on in Denton It takes a lot 25 Page 17 - Page 20 PLANNING AtN-D ZONING MI~'I'IN'G MARCH 22, 2000 CondonseltTM Page 21 Page 23 I to do that So thank you I Wc're asking you to rezonc ~,t>-ls to 2 At a meeting at the school a couple of days 2 Neighborhood Services and Conditioned Offices Do away 3 ago, I got a copy of tins thing And when I looked at n, 3 with the commercml mass retail zoning and support us in 4 I hke what I ses It's very comprehensive It also is 4 this SO It can b~ a win win sl~atlon for the 5 consistent with the use that we see in thc area So I 5 neighborhood, the C~ty of Denton, and the school Thank 6 definitely support that It is also pro business and 6 you 7 pro-comm~;ual and I flunk that's built into it, too So 7 MR ENGELBRECHT COllUnlssloners, any 8 that's kind of tim blend I think we want to see for Denton 8 questions? Thank you Ms Chapel And then Harry 9 in its continued growth 9 Phllhps 10 The one area that I would hke to say, Is that 10 ins c~.l'l~l` ','es, my name Is Lmda Chapel I 11 there's b~m a lot of information, maybe mlslaformanon 11 live at 1019 Rldgesrest Circle And I have a whol~ lot to 12 about flus whole topic So I wholeheartedly recommend 12 say How long do I have to talk? 14 can pr'~pam for that, but a commumty meOang where we can 14 MS CHAPEl. All r~ght I'll talk very, very 15 go through flus proposal in detail and then look at the 15 fast I will lb'st address the fact that we and all of 16 flung and fine tune u a b~t I flunk that's all that 16 the ne~ghbarhoods ~ am vcry much opposed to mass 17 wa're really loolang for at flus point 17 retail And I would hke to address the fact that a 18 So I'm m suppurt of n but I think we have 18 grocery store today is not the grooery store of prior 19 just -- to g~t the conunumty revolved I tlunk that ff we 19 t~mes I rememhEr when I hrst moved to Denton 30 someodd 20 do that, it will get better support and adopnon down thc 20 years ago -- no, it couldn't have besn that long But 21 road by th~ whole commumty if we take that extra stx-p 21 anyway I used to go up to tho Piggly Wiggly and all 1 22 And that's what I recommend So thank you very much 22 could get was food Okay? Just food A groc~7 store 24 Commissioners Thank you Ms Thompson And then Lmda 24 stores magazines t~ food bak~y, It always has a 25 Chapol 25 bnkexy, even a restaurant I e, I might suggest a Page 22 Page 24 I MS 2~dOMP$ON Good evening My name is Lynn I MeDenalds carry-out quick food 2 Thompson I reside at 1520 Hunters Radge Circle tn 2 Because of that, we do not tn our neighborhood 3 Denton And we moved here in 1983 and when we d~d, we 3 wish to have any type of a retail store that would be - 4 checked mto all the proper zonmg, the taxes, the school, 4 that would carry a lot of food because we do think that 5 all the things that one checks on before they buy m a new 5 that is a problem tn so far as attracting venmn Okay? 6 area Ltlhan Miller did not exist Hunters Radge and 6 I will say that I did go check to find out what we do with 7 Wind River developments were pastures with cattle on them 7 produce when a gets old tn a grocery store It's 8 Sundown Ranch was a workmg ranch and Teasley Lane was 8 compacted and it ts put out for tho trash to be picked up 9 just a sleepy country road The City of Denton approved 9 on, in this particular area, tt was on Tuesdays and 10 all of the zoning changes that have brought these housing 10 Thursdays So I know that that Is not healthy for our 11 developments to this area We're asking you to rezone 11 neighborhood I also know that people wallang out with 12 this PD to fit tn with the neighborhood you've created 12 then' fast foods or then' deheatessen drop then' papers 13 I'd like to say something regarding the owner 13 and the cokes and all of that stuff on the ground and then 14 of the property A group of us met with him He seems 14 that just blows away That's sitting up on a hill over 15 hke a reasonable gentlemen HIs name ts Mr Alexander 15 there.lust right for blowing around 16 And I promise you, he will still get his mflhons off of 16 I would also like to mention several things 17 this property even if it's rezoned to this more compatible 17 that I em concerned about, too, is the library, the 18 rezomng He's already made out hke a ban&t with the 18 wonderful library that the City has built for us over 19 City When they came to hrm and they wanted to swap 19 there I cannot imagine how we are game to get m and 20 properties, as I've heard people say, he was gl~ ena prime :20 out to that library If we have a large number of cars 21 comer for his back acreage, whteh put him tn a very good 21 game tn and out of that area Before the rezonmg ts 22 position And then the school dlstnct came to hun and 22 done, I personally would like to have some impact stud~e~ 23 smd, we need a bus lane Well, why wouldn't he agree 23 done I would hke for someone to do a study as far as 24 with tlus? This was a plus in his favor It was a paved 24 the traffic ts concerned over there and an environmental 25 maprovement 25 impact study And I think that we would all like to see PLANNING AND ZONING MEETING MARC._Ha22, 2000 Page 2'1 - Page 24 CondonseltTM Page 25 Page 27 Il. what goos in there, to have hours that arc more compatible 1 we can have quesoons answered or do you want us to go to nussmg the time of day when the school's kids go to 2 forward7 and from the school 3 MR PHILLIPS Well, thcs3 arc reasons why it 4 Well, thd I say all m my length of tame? 4 would be advantageous to postpone it, yes 5 When you do con~;tder flus, remember that tho integrity of 5 MS OOtmOU~ All right I n~xled 6 our neighborhood is at risk here with what goes tn there 6 clarification Thank you 7 I tlunk tf you took a vote, tf we ctreulated another 7 MR ENOELBRECHT Thank you Ms Muilcndore 8 patroon, that you~would find that we would all vote, 8 And then T Thompson Yes, go ahead 9 first of all, for rezomng for more professional buildings 9 tis MULLENDORE oood evening, Mr Chauman 10 ILke we have on tip the road on Ltlhan B Miller Thank 10 and ladles and gentlemen of the Commission My name 1~ 11 Robyn Muileadore I hve at 1139 OakHurst So. et In 11 you 12 MR EN'OBLBRECHT Any questions, 12 Denton And I'm one of those, lika Ms Chapel, who max cd 13 Conumsstonets9 13 to Denton qmta a long time ago In 1968 as a small ch{Id 14 MS GOURDIE Yes, please 14 and have grown up m Denton and watched it grow and 15 MR ENGI~LBRECHT Yes, Ms Gourdte 15 change 16 MS GOURDIE MS Chapel, so would you want a 16 And after movmg away m go to college and 17 choosing to move back to Denton when I was planning to get 17 postponement to be offered at tlus time or thd you want to 18 roamed and lool~ng at where I wanted ~o raise my 18 set forth -- 19 Ids C~I~L NO, I very definitely think that 19 cluldren, this ~s where I wanted to be And now I bye 20 we need to have a postponement I flunk that there are 2o right in the backyard of where t/us development ts 21 too many questiOns that still arise each time that we have 21 planning on landing 12 our Uetghborhood meetings We come up with other 22 I also am in favor of the rezonmg but am also 23 questions, other concerns And so I defimtely think a 23 in favor of tha postpooomeat Yes, we are all very, very 24 postponement for the rezoomg ts practically mandatory so 24 tired of th~s Issue but I feel like we are rushing mia that we can all be happy wlth what we have out there to 25 wanting a rezonmg poss~bly not knowing what that Page 26 Page 28 hve with rezonmg ts going to mean for us And we may end up xx uh 2 MS GOURDIE Thank you 2 something possibly worse than what :t would be Because 3 MR ENGELBRECHT Mr Plulhps And then 3 we're -- I think a lot of us are wanting to jump at 4 Robyn Mullendore Yes, sir, go ahead 4 whatever change we can get from a mass market grocer) 5 MR PHILLIPS oood evening Harry Plulhps, 5 store 6 1148 Bent Oaks Drive I live out tn the same 6 L~aily, you have the right to change the 7 neighborhood 'I'd hke to commend the City staff on 7 zomng becausn of the Comprehensive Plan that w~ have put 8 cormng up with a plan that seems to fit the bill Tlus ts 8 tn place Legally, you can do tt Morally, close your 9 more compatible with the type of nelghbothood that we hve 9 eyes and take a deep breath, let it out and hsten to the 10 In than a large monoltduc supermerket-type of concept 10 thought that's there The only thing that I can hear you 11 where it's a 2~-hour operation, full-ttrae deal Tlus will 11 heanng ~s tt needs to be changed for the people, not .lust 12 be something that will blend tn with the community and 12 tn that neighborhood, but for D~nton, for all of Denton 13 It's in line with what you-all are tallang about m 13 Denton needs to know that you support us and you vote for 14 changing the codes, et cetera, in the City 14 us 15 I would strongly recommend that we consider 15 The rezomng, I think would baa pro-business 16 tlus We have a oouple of problems that sttll have to be 16 eholoo for Denton A mass market grocery store woold not 17 ironed out BUt I have to congratulate the City staff on 17 be owned by anyone in Denton Rezonmg tt would allox~ for 18 cormng out at~d meeting with us I'd like to have another 18 a lot of small shops to come m, small shops that would be 19 meeting with them later on as they get the flung polished 19 owned by people who hve here m Denton And I th{nk that 20 up a little bit And I tlunk they have our best interest 20 would be a wonderful oppormmty for the citizens of 21 at heart 21 Denton to b~ able to have shops that are owned tn that MR ENGELBRECHT MS Gourdte I behave 22 center So please do consider a postponement of th{s 23 there's a question, Mr Plulhps 23 But I do defimtely support rezomng Thank you 24 MS C~URDIE MS Plulhps, I lust wanted to 24 tis ElqoE~Ba£cn'r conumssleners, any 5 -- so you'd like to see th, s postponed at this tune until 25 questions? Thank you Mr Thompson And then Paula PLANNING Alq'D ZONING MEETINO MARCH 22, 2000 Page ~5 - Page 28 CondensoltTM Page 29 Page 31 I Scott ! n~ghborhood, did you know the zoning of this property? 2 MR THOMPSON My name Is Tommy Thompson I 2 Ma THOMPSOn, I did not know tho zoning of 3 live at 900 Elhson Park Circle I'm here tonight as an 3 this specific property, no 4 official representative of the Elhson Park Homeowners 4 MR WILLIAMS Thank you 5 Association Our entire Homeowners Asseclatlon 5 MR ENOELBRECHT Thank you MS SCOH And 6 development is within 500 feet of the property We have 6 then IC, m Jenson 7 26 homes in the Association and that represents over $5 7 MS SCOTT t m Paula Scott I'm a 20 year 8 rmlhon investment tn the development At our last 8 resMent of Denton and currently hve in In&an Ridge 9 formally-called meetmg, we voted unannnously to support a 9 Subdivision on Smokense Circle I'm speaking as a 10 zomng change that would prohibit mass retailing from 10 resident of that subthvlston I'm not a ropreszotative 11 building on the property m question at Teasley and 11 of, but I am a member of Keep Denton Beautiful And I 12 Teasley 12 want to point out a couple of things that annually Keq~ 13 At the last meeting of this body, there seemed 13 Denton Beautiful has approx~raat~ly 200 work hours donated 14 to be a feeling that there's some sort of a moral 14 to the City of Denton Among other items, v~'y active in 15 obligation to the developers We've heard from legal 15 tree planting hc~ in Denton 16 counsel that there is no legal issue outstanding, that the 16 As you know, Denton is recognized as the 17 City can rezone the property 17 redbud capital of Texas by the Texas Legtslatur~ and there 18 And I submit to you that we, as homeowners, tn 18 am redbud tr~s on this proposed property that's being 19 tins development and our association are developers, also 19 rexoned The Texas Forest S~wlcc recogmze.s thc 20 And we're already invested in the community and we have 20 partnershp with thc City reclamation plant and has a txea 21 requested this zoning change There was some discussion 21 nars~ry out there And if v,~ mow down tre~ on this 22 last time about the Council Initiating the zoning change 22 plant, then wa'Il have to use some from our rrm nursery, 23 I think you'll find that the Council action was 23 which I would hope that s not how they're used Wc have 24 precipitated by a very large contingent of people 24 yearly received a 8rant from thc National Tr~ Forest to 25 mcludmg those in my Homeowners Association So we've 25 give tr~ seedkngs out through the City And yearly we Page 30 Page 32 I requested this zoning change and we believe that you have 1 dlstnbat~ over 1,500 redbud tree seedlings to the 2 an obligation to us, as developers, in the community who 2 children in thc Denton school (hsmct 3 are already invested to provide an orderly and planned 3 I support the rezomng that's cun~ntly before 4 development In our community 4' you However, I'm w"ry concerned about the design of the 5 We as homeowners and as ~axpayers hevc aheady 5 sl~ I'd ask that you-all rake a look at the number of 6 paid a premuun to be In Denton We hke it her~ and we 6 beautiful ~ that are out there Obviously, there's 7 expect zoning performance associated with that premium 7 wlldhfc out the~, as well, which I'm sum you can't 8 that we've paid to be hare 8 save But I would just ask that you reahzc how necessary 9 You're in a tough spot You have to make a 9 trees are to our environment, how important trees ar~ to 10 v~ry hard d~clslua and somebody is going to losc We urge 10 Denton, and how unportant redbud ~ are to Denton And 11 you to mnkc the right cho~cc and to make flus recommend 11 I'd just ask that you consider that and, again, I support 12 fluszomngchangctobnngfluspropertymkncwlththe 12 thc rezonmg away from tho mass retad busmess Thank 13 vision of Denton with Denton's futom plan, and in linc 13 you 14 with the overwhclrmeg wishes from an overwhehreng majority 14 MR ENGELBRBCHT conunlssloners, any 15 of the pubhc that has involved themsclvcs la this 15 questions? Thank you 16 process I thank you In advancc for making this tough 16 MR RISHEL Question 17 d~mon It's going to have a ma. tot Lmpact on our 17 MR ENOELBRECHT yes, Mr Rlshal 18 commumty for tho next 20 years 18 MR RISHEL AI~ the redbuds out thero native 19 MR ENOELBRECHT tbehevethat wedoheve 19 tothat ama? 20 one qu~tlon Mr Wdhams 20 MS SCOTT Yes they ~ 21 MR WILLIAMS Yes HOW long have you lived 21 MR RISHEL A.ne th~? Thank you 22 in Denton? 22 MR ENGELBR~CHT Thank you 23 MR THOMPSON Ive hved in Dcetoe thr~ 23 MS SCOTT Thank you 24 years 24 MR ENGELBRECHT MS Jenson And then Non 25 MR WILLLMvIS And when you moved in your 25 Car¢lcn Yes PLANNING AND ZONING MEETING MARCH 22, 2000 Page-29 - Page 32 Condenselt~ Page 33 Page 35 Page 39 Jenson I hve at thmg and the moral thing That's all I have to say ers or anything and they'll just be nton entre life 2 Ma ENOELBRBCHT Thank you Yes, s,r ) and taking them off I don't think that's ~fOl v'~ ever even 3 MR KISSAM My name is Bob K~ssam I hve in Il'eat -- I don't 4 Wind Raver Subdivision, 2221 Loon Lake Road And I have to mention a couple of other points lo ts buried m the IOOF 5 some assues I'd hke to bnng up To Just glvn you my ~'ard so far, and that is that there is tr So my faauly has 6 I~eckground, I am a hospital chaplain and, as such, I deal y three maj or grocery stores within one I am currently the 7 with ctuldmn and adults that are injured and hurt and I rsection There's Albert,sons, there's ttary School PTA end I 8 usually try to speak on bohalf of the children and the ere's Wal-Mart stdent 9 people and I have some concerns hke to ask about the projected tax 'TA presidency, 10 I don't ttunk that a lot of folks realize some time that there will probably be more tax 0 that we may go to 11 of the assues that also ~mpaat this satoat~on that's going retml outlet than from the proposed zoning leneral board so that 12 on right now that are over and above: what they're ~vertheless, I'm m favor of tbas zontng ng to our bylaws, we 13 consldenng right now And in order to that, u may sound xt would certainly offer less traffic And ', voice our 14 hke it's another situation, but at's not because at does al offices, you know, you wouldn't expect a Sth and our general 15 tie m Raght now, wc havc tho Unicom Lake project that traffic gomg In and out to professional n m favor of this 16 Is gelhng ready to bo developed It's going to have a refore, be a lot less danger for our for your tune 17 large-scale apartment complex, multi serenn theater ~u Mr Careien 18 development, many other retail outlets, and the only nally, I would be willing to bet that , someone else who 19 decent two way stt~et to that complex Is through the Wind .nough citizens around here who would he mid come on down 20 ,River Street which empties out at that intersection of hat property back from whoever it as that 21 Teasley, Teasley, and Lflhan Mailer Right now, there's ,,e it to the school to expand, as the on Careien I 22 a sign out there that says 35 down through this 'man smd Thank you ,e Circle, Inthan 23 subdivision through Wind River Needless to say, the GELBRECHT Thank you I did find your Iorats because 24 pecplo are pretly upset about flus and this is going to be I the opposition stack Is there anyone 'm f onmg and 25 a continued issue :t luke to speak m support of this petmon'~ Page 34 Page 36 Page 40 a httle more I But the problem with flus and why I bnng this peak m support of thc pet~tion? Yes 2 'up to yOU IS right now we're going to have 18-wheelers, as had elected to 3 , soon as this Unicom Lake gets developed, we are going to anzEY I m in the opposition I don't ldn't get 4 have 18-wheelers commg through the Wind Raver at somebody left this thing on my door and ti March the 16th 5 Subdtvision, emptying out at that mterseetton, and other :d to - :ne tmae in there 6 heavy-duty retail vehicles, supphera, all hours of day }ELBRECHT would you gl~ e us your name ae back Okay? 7 and mght Plus with the movie house going in there, asa 8 multi-screen, you're going to have many, many folks going ~v soan Godfrey I hve In the new t 9 through that intersection down to there through the Wind les, 2512 Shiloh Road We moved here about g was v,~ don't need a 10 ~ Raver Subdivision to try to use that movie house It's from Carrolltoo where they had just of a residential 11 I going to be horrendous 8 a Wal-Mart there on Trimly Mills And ne way, from a 1:2 You put a large pD-16 at that mterseotion e opposition, you know, to the homeowners ,r the children, 13 also and you have totally cut off the Wmd Raver Wal Mart And the Carrollton Caty Council ust everything 14 Subflivtsion to any access Those people aught just as ly I mean there was hke - I mean my 15 well stay home and not try to go to work because they're vas there was 95 percent of the homeowners .amc up 16 not going to be able to get out of that subdivision ~t were opposed to it and they passed it the Food Lion over 17 This Is a tenable, ternble situation, folks macro as that's what's going to happen here t It's three 18 And I've heard a lot of people speak to this about :nderstandmg was that Wal Mart was supposed onthea~ Wa 19 postponement or m favor of rezonmg, ofwhiehIamallm v -- they had all thesc st~pulatlons that at's a lmstake and 20 favor of doing I think we need to sit back, look at this , landscape at and all this stuff, and none do n the 21 whole sttuatlon I can tell you right now with the ts done ~ certain areas 22 current way this ts all go, rig, there are going to be nether concern I have is hke the man atured to a point 23 children Palled in that Wind Raver Subdivision because ~e children the safety of the children t doesn't take a 24 there Is a swimming pool and there is a park area, and ldren are grown but I have grandchildren and o do the right 25 about a month from now, there's going to be three, four, at that kind of store in that area And I ETING MARCH 2~Z, 2000 Page 33 - Page 36 Page 37 - Page 40 CondonseltTM Page 41 Page 43 I can't understand why y'all would let a store like that go large retail Martha Sealer, support rezomng with 2 m that nice of an mca That's one of the reasons we 2 additional neighborhood meetings Sandra Faust, please 3 moved to Southndgc And I am for thc rczonmg and I'm 3 rezone for offices which are compatible with thc 4 against Wal-Mart or any other big grocery store or retail 4 neighborhood Dean Garner, rezomng under the conditions 5 store going in there And that's all I have to say I $ as stated by Larry Relchhart 6 thdn't really have a speech but I just wanted you to know 6 Brenda Schmltz sunply in support Ed Muccloh 7 my opinion 7 -- I hope I did that some justice -- rezone to 8 MR ENGELBRECHT Thank you Is there anyone 8 Neighborhood Services And Sue, rezone to Neighborhood 9 else present who would like to speak in support of the 9 Services Knstm Sha, I do not want a large retail in l0 petmon~ Anyone else present to speak In support of the l0 our neighborhood Joseph Iala, no large retail Tracy 11 petition? In that case, I will review the stack, I'm not 11 Reed, next to an elementary school and library ts not an 12 sure is the correct word for the group I have here 'Flus 12 appropriate place for major retail 13 is from Johanna and Hunter Marshall I support the 13 Pack Hefner, should not be placed within 1,000 14 rezonmg This Is a very dangerous area to have large 14 feet of homes or schools Deborah Lconarth, support 15 retail 15 zoning with amendments Para Hmnm, no large retail Jeff 16 Brenda Jordan, no comment Reggi Sam, no 16 Pachison, I oppose any retail outlet on this location 17 comment Rachel Yeatts, increased traffic and visibility 17 Marguerite Green, this zonmg protects the neighborhood. 18 IS dangerous to the students The big problem will create 18 more traffic and very good to protect the children 19 health hazards John Hardmgen, please do not allow a 19 Theodor Tmsevich, sunply In support Dorothy Tmsevlch 20 large store next to an elementary school B Todd Gray, 20 tn support Colette Yet. ka. do not support large retail by 21 proposed to a large retail Cluclae Morns, no comment, 21 Sam Houston Rachel Blggerstaff, I do not wish for area 22 basically Troy Harem, no large retail 22 to be zoned for large retail estabhshinent which would 23 D~Anne Allison, would support Neighborhood 23 provide dangerous traffic pattern 24 Services with elmunatlon of curb cut on Teasley, north 24 Cindy Guetz, if the Commlssmn Is concerned 125 side, adjoining the school, with extension of the masonry 25 about financial liability, if the eight acres on Teasley Page 42 Page 44 1 wall on three sides, with 15-foot easement, eight-foot 1 Is rezoned, equal concern should be given to the possible 2 sidewalk for students, with -- eight-foot sidewalk for 2 financial liability of the City If a child or adult 3 student bike riders -- excuse me -- no outdoor speakers, 3 crossing Teasley or Lflhan Miller after school is hit by 4 monument signs only, and prohibit the sale of firearms 4 one of the numerous cars while lenvmg a large retml 5 Kent Ramey, I am against any high-volume 5 Hope Baker, opposition to any cut-through on 6 retail facility at this location The safety of the 6 Teesley Lane A question, why is Planning and Zoning is 7 school children at Sam Houston is far more maportant than 7 malang this into a two-choice issue, either large retail 8 another retail outlet Helene Ramey, rezone to 8 or strip mall? Can't we explore other options9 Mary 9 Neighborhood Services, opposed to large retail and any 9 Woodruff, proximity of the school, residential area, 10 retail development for school safety Issues I believe 10 mediately increase traffic, very poor adthtion to the 11 this is Lataue Ramey, rezone for safety masons Joan 11 area Jill Lucas, please no large retail Change the 12 Zhou. m support of the petmon for child safety Sheml 12 zoning so our school can remmn safe for our children 13 Thompson, in hopes that the Planning and Zoning will zone 13 Jim Luces, please no large retail Change zonmg for 14 the ama to fit the neighborhood and will ensure the 14 school safety Philhp Shamel, simply indicating support 15 safety of the school 15 for the petition 16 Laura Walls -- I've got a long ways to go yet, 16 Todd Thompson, I wish to strongly restrict 17 too, folks -- no retail near a fu'e station or school 17 mtafl development close to the elementary school Jackte 18 Steven Alspach, oppose any high-volume retail Maria 18 Shamel, please no large retail or large business, only 19 Cartwnght, support the rezomng with restrictions such as 19 small businesses Joel and Tanya Bhxt, would oppose the 20 no more curb cuts and hrmted hours of operalton Bill 20 zoning of the area for large retail businesses Toma 21 Ide, support rezomng of this with restrictions Robert 21 Olson, no large retail, have small children, don't want 22 Slgler, I feel that the eight acres is only suitable for 22 added traffic and questionable people m the neighborhood 23 professional office budthngs or public park Bill 23 by the school ., 24 Espmosa, the rezonmg of this property is so vital to our 24 Roy Young, no rezomng for large retail 25 community, school, and children This is a bad idea for 25 construction Larry Schneider, I support rezonmg due to PLANNING AND ZONING MEETING MARCH~2~2, 2000 Page 41 - Page 44 Condons~ItTM Page 45 Page 47 1 traffic, school location, surrounding neighbors as tn opposition to the petition but if this was an error, indicated m the memo provided to the Planning and Zoning 2 let mc know and we'll make sure that the public record Cormmsslon Mary Ella Schneider, support rozonmg due to 3 reveals that is correct Darrell Stubbier'told 4 increased traffic close proxumty to school, and 4 MR STUBBLEFIELD Yes, sa' I hve at 25 5 detrimental to surrounding resldeattal property 5 Htghvtew Circle This ts the secend time I've lived m 6 Lynn Mflckelsen, do not want large mass retail 6 the City of Denton 1961 originally and then since 1990 7 next to Sam Houston Elementary Charmame Dsevza, smaply 7 this tune I'm tn opposition as it's currently wmten 8 indicating support for the peauon Tern Bnstow, I 8 and suggest a postponement for further review 9 don't want large retail Oreg Bnstow, support rezoomg, 9 MR ENGELBRECHT Any questions, l0 don't want large retail Category L Bracken, sumply l0 Comrmsstoners~ Thank you 11 md~catmg support for the petition Terry Oafland, l I MR RISHEL He keeps coming back 12 allowing large retail to locate would significantly 12 MR ENGELBRECHT Arid he keeps tt short 13 increase traffic causing safety problems for tho cl~ldren 13 Appreciate that Howard Compten And that will be 14 mournnighborhood It would be a coogested, oommerctal 14 followed by Robert Ktssam Okay Allrlght Yes, sir 15 eyesore Defimtely against Paul Rawley, simply 15 MR COMPTON I m Howard Compton I'm with 16 mchcatmg support for the petmon Clemence Rawley, as 16 the Bank of America, Private Bank Real Estate Services 17 a resident on the busy comer of Hunters Ridge and Lflhan 17 The address ts 901 Main Street, Dallas And I'm here 18 Miller, I feel the addition of a large r~tad ts 18 representing the Alexander faintly who has owned this 19 inappropriate and redundant to oar neighborhood Kyle 19 property since 1974 They bought the property when u w a 20 Biggerstaff, I am opposed to large retail being bmlt at 20 ah'eady zoned retail and they, as already been said, they 21 Teasley 21 went through the rezomng process again m 1991 And I 22 Ken Scruggs, I do not want large retail Dan 22 think it's stgmficant that nobody spoke m opposition to 23 Nichols this is a neighborhood, please keep it that way 23 the zoning that was granted at that time tn the pubhc n4 Sylvia Nachols, this ~s a neighborhood and an elementary :24 hearmgs and It was, once again, zoned residential, school zone Denton must rmnne flus propCn'i'y Jeff and 25 Planned Development residential -- I mean, excuse me, Page 46 Page Cathie King, we hope the City would put the safety of our I retail Pardon me And they have had the expectation 2 local children ahead of large public corporation Amy 2 throughout this tune that it would be as it has always 3 Caldwell, the property should be rezonod The area has 3 been zoned for a neighborhood center The only thing that 4 grown and no longer conducive to a mass retail You can 4 was needed at that pomt were neighbors to support a 5 look at the area surrounding the site tn question and see 5 neighborhood center When that tLme finally came, as tt 6 the other zoning does not match 6 has, we felt like that we had picked a good developer that 7 And, tn addition, I do want to point out since 7 would develop tt tn a way that would he useful to the 8 these individuals may not be here, we do have some letters 8 neighborhood 9 that we received this evening that were not part of our 9 And let me go back and say, refer to the 1991 10 backup One is from Peggy Alston and we also have a 10 situation, it was us, the bank, on behalf of the I 1 letter from Mr and Mrs Lan'y Schneider and I think we 11 Alexanders, who have been managers of the property 12 had a card from them Here's some more All right I 12 throughout this tune, who took the initiative to create 13 want to make slue I get everyone All right Given your 13 thru swap We took the tmttat~ve to see that that was 14 comments, I'm assuming you're In support of th~ petition 14 done Granted, we benefited by getting the corner but 15 ThtstsKtmFarmar I have five children Iamconcemed 15 theCltyhascertamlybenelqtedfromgettmgthehbrmy, 16 about child molesters m our area getting the kids by way 16 as well as a very good fun station When the school 17 of this store Street safety, as well, for the kids 17 district thereafter asked for an easement across the 18 Joey and Robin Htggs, child safety is our main concern 18 properP;, it was already paved It was paved by the City 19 Rezone, please Janet Hutcbason, I support Neighborhood 19 m order to accommodate the fire station So there wa~ no 20 Services and Office bufldmgs I support postponement of 20 mcenttx e for the Alexanders to grant that easement except I the decision 21 good citizenship And now we are accused of not being 22 good citizens but I urge you not to take away the property 22 And I believe that concludes all of the cards I . ~ .......... ~, a... 23 rights that these people have very patiently owned 25 want to speak ~n opposition And I'm assunam8 that you're 25 quashons PLANNING AN~D ZONING MEki'I'iNG MAR~C~H 22, 2000 Page 45- Page 48 CondonsoltTM Page 49 Page $1 I MR ENGELBRECHT Mr Rlshel I life 2 MIL R1SHEL MI' Compton, do you have any idea 2 MR STUBBLEFIELD My life? 3 what the number of houses or residences would have been in 3 MR WILLIAMS Yes 4 1991 when this was rezoned within maybe 1,000 or 4 MR STUBBLEFIELD That's how it would affect 5 2,000-foot radius of the property'~ 5 tt There would be too much traffic for me to get home 6 MR COMPTON I'm afraid I don't know 6 My children could get hurt, run over by whatever 7 MIL RISHEL would you be willaag to Just 7 Rezonmg it would definitely alleviate aaany of the 8 guess that the complexion of that neighborhood has changed 8 problems that a large retail center would bnng forth to 9 since 19917 9 that comer 10 MR COMPTON Yes, certainly 10 MR WILLIAIviS Thank you 11 MR RISHEL okay 'thank you, su' 11 MR STUBBLEFIELD And I hope my property 12 MR ENOELBII~CHT Any other questions, 12 values would stay better 13 Commissioners? Thank you 13 MR ENGELBRECHT Thank you 14 MR WILLIAMS I do have a question 14 MS GOURDIE Mr Engelbreeht 15 MR ENGELBRECHT oh, yes, Mr Williams 15 MR ENGELBRECHT Yes 16 MR WILLIAMS what heppens when the bank buys 16 MS GOURDIE I think we lost Mr Klssmnalong 17 property and doesn't investigate the zoning of that and 17 the way You aaentioned right after Mr Compton, there 18 something coaaas up that's detrimental to that property? 18 would be a Mr Robert K~ssam 19 MR COMPTON well, I'd have to say the bank 19 MR ENGELBRECHT oh, no, he indicated that 20 wouldn't buy property without revest/gating -- as an 20 he spoke earlier in support 21 aavestaaent, without investigating the zoning 21 MS GOURDIE okay Thank you 22 MR WILLIAMS Thank you 22 MR ENGELBRECHT CUrtis Ramsay 23 MR COMPTON okay 23 UNIDENTIFIED SPEAKER He had to leave He's 24 MR ENGELBRECHT Thank you Rodney 24 not here 25 Stubblefield 25 MR ENGELBRECHT, okay Todd Patton Page 50 Page 52 I MR STUBBLEFIELD My name Is Roduey I MR PARTON chmrman, members of the 2 Stubblefield and I live at 2405 Kanba I've lived here 2 Canumsslon, I am Todd Patton w~th tho Denton Independent 3 Saaoe1990 And I guesa I'm not a lawyer but l am takmg 3 ScbeolDlstnct, 1307NorthLocustberemDentun ldo 4 the legahstie approach to opposition of this proposal I 4 behova you have before you a let~' that we did submit 5 am in opposition to this proposal However, I am in favor 5 for your review dated March 21 st The gm of tho later 6 of rezonaag for all the reasons mentioned already We 6 really is to request further postponemont or delay in the 7 need some aaore tune to take a look at this This is the 7 consideration of this zoning case until such tune that the 8 fa'st proposal by the City on the rezonmg I think It 8 school dismct, the Board of Trustees, actually, has the 9 needs to be taken a look at and corrected, some things 9 oppormmty to meet In a quorum in a dually publicized 10 that might have been overlooked m an effort to do away 10 meeting for dehberat~on and official r~punsa to this 11 with the mass retail Any questions? 11 particular zanmg p~ttuon 12 MR ENGELBRECHT Comrcasslooers9 Appearsnot 12 I wlll say that on behalf of tho dlsmct, 13 Oh, yes, hold on Mr Williams 13 that we do appreciate the careful consideratlce and the 14 MIL WILLIAMS If this property was rezoned or 14 duc dchberatlon that the Commission has made m this 15 not rezoned, how would that affect your life9 15 matter And, also, personally I just want to express my 16 MIL STUBBLEFIELD If it Was not rezoned9 16 gratitude Io Mr PoweI1 and Mr R~chhart for warlong with 17 MR WILLIAMS Or rezoned 17 us and helping us generato as much mformatlce as we need 18 MR STUBBLEFIELD Or rezoned9 Well, tf it 18 lo continue out analysis Thank you 19 was rezoned, it would definitely clear up congestion on 19 MR ENOELBRECHT Any questions, 20 the comer I'aa going to have to delve, eventually drive aay 20 Commissioners? Thank you Is there anyone else who wants 21 children to school on, get to the center of town on, get 21 to speak m opposmon to thn petition? I do have a 22 home on If you leave it the way it was, there would be, 22 couple of cards and I'll review those Anyone else to 23 obviously, more traffic, more litter, more trash, more 23 speak In opposmon? In that case I will then read Mr 24 whatever 24 Ramsey's card There has been Insufficient tune Io study 25 MR WILLIAMS NO, I'm taLVang about just your 25 this new zoning category PLANNING AND ZONING MEETING MARCH 22, 2000 Page 49 - Page 52 Co~_d_~n~ItTM ~ Page 53 Page 55 I1. I also havela card from Marly Pavers and an can at this tune attached letter, basically, and I'm not going to read the 2 And as we go forward w, th this, eontht,ens and entire letter WhatI I did was I had that photooopted and 3 such, I think the -- without seeing a site plan and 4 passed out to all ~e Commissioners smce tt was a little 4 without hawng a site plan and an end user, some of the 5 longer We did, ia essence, have a form of oppesmon 5 questions such as security and safety of children, the 6 and, Mr Retchhart, as the petitioner representative, that 6 signagc, the lighting, pedestrian circulation as it 7 gives you an oppo~umty for rebuttal or comment 7 relates to the library and the school, and to encourage 8 MR REICHHART Thank you A couple of 8 that type of a movement, have to be addressed at a project 9 comments regarding the eight-foot wall that has been 9 plan scale And I do believe a eonditten of approval, 10 mentioned We are proposing a 50-foot landscape buffer, 10 although, v,e can't say how all those cenchttons are going 11 then an eight-foot wall adjacent to the school There has 11 to he addressed, we can strongly recommend and gauge our 12 been mention abo~t additional walls We would like to 12 comments or our conditions that those are the type of 13 leave that open for a site plan and if security issues are 13 issues that specifically need to be addressed as we go 14 concerned, there is other type of fencing and screening 14 forward with a project plan 15 that conld he previded as opposed to just an eight'foot 15 If we say an eight-foot wall along this 16 wall, if it's open iron grates or whatever We feel 16 peruneter, that leaves us with a lot of -- that cuts out a 17 that's a site issue that can be addressed 17 lot of potential options And, quite honestly, at this 18 Regarding environmental tmpect study, one of 18 tune we do feel that we do need to leave m the option, 19 the things that was brought up and I failed to mention on 19 anyways, of one of the curb cuts on the northern property 20 the backup from that neighborhood meeting was th~ 20 line And given the configuratten of the potential end 21 of drainage As this goes forward, one of the conthtions 21 user, a traffic analysis and study could be conducted when 22 that we have req~lested ts that a project plan be 22 we do come forward with a project plan on this site I'll 123 submitted, reviewed, and approved pnur to any 23 answer any questtens 124 development And one of the requu~uments of a project 24 MR ENGELBRECHT Mr McNetll plan is a dramag~ study So that and the environmental 25 MR MCNEILL why do you have the building on Page 54 Page 56 I aspects will be investigated prior to any development thc west side of thc property instead of the east side~ 2 being taken on this site There was a little bit of, m 2 Is that where the school ts, where th~ brown -- 3 the ortgmal backup, regarding traffic, an analysis 3 MR REICHHAI~T TI~ school ~s up here to the 4 between what we analyze the existing detailed plan at and 4 noah 5 what the futu~ -- what we are proposing And, again, 5 ~u~ MC~*EILL TO t~ north9 6 here,s a copy oflthe detailed plan and what v~'re talking 6 MR REICHHART I m sony, to the west 7 about ts this portion, the hbrary/fire stat,on 7 MR t~iC~'EtLL Right So my question is why do 8 We do realize that what we're proposing is not 8 you have the bmlthng on the west side? Why would you not 9 necessarily the best alternative for all parties involved 9 put ~t over on 10 We are ltrmted by what has already taken place on this 10 MR g~ic~lH,~:r -rh~s is the emstmg detailed 11 site, that this is an approved detailed plan Our 11 plan that has been approved Tlas ns the retail plaza and 12 attorneys have advised us on the amount of building 12 the~ was a proposed gas stauen at one ten~ Tlas is the 13 fontpnnt that w~ have to stay with And we realize that 13 library and th~s ~s -- th~s is some of the constraints 14 some of the nel~abors may not be totally happy with what 14 that v~'re werlun8 under right now 15 we're proposm8 The owner may not be totally happy with 15 MP.- MCN~LL BUt the detailed plan, you're 16 what we're proposing But given the constraints and the 16 not proposing it would stay hke that? 17 history of this site, we do feel that this is the best 17 MR REICHHART oh, no This 18 the existing 18 proposal to be brought forward for rezonmg of tlus site 18 detadedplan This ls defim~ely not what we're 19 And we do quektlon postponing this meeting and how 19 proposing 20 fruitful a neighborhood meeting would be with a real large 20 MR MCNEILL Thank you I mput at one time 21 MR E~O~LBRECHT Did yOU want to make a 22 Been tola number of neighborhood meetings and 22 comment Mr Powell? 23 we will get a 10t of the same Issues that have been 23 MR pow ~ Yes, d I may Thc condmons of 24 brought up today And we feel that this plan that we're 24 the rezomng would allow flexthihty of thc placement of 25 br, n~,n~ forward does address all the issues as best as we 25 the building that we would like to review as part of a PLANNINO AND ZONING Mi~l~'l'l'NO MARCH 22, 2000 Page 53 - Page 56 CondenseItTM Page 57 Page 59 I project plan And the conditions that we have proposed I And then the additional suggestions that were 2 would not hn'at the location of that building 2 made really can be addressed in a project plan and we 3 MR ENGELBRECHT other questlons'~ I have 3 would recommend that those type of items be addressed in a 4 two Fu'st off, I noticed that the lighting condition Is 4 project plan And those, again, were the setbacks for the 5 not listed as one of the conditions under the staff 5 school, children's safety, daylight dehvenea by 6 recommendation However, it is on the previous page in 6 semi-traders And we're very lmuted on what we can 7 the staff report, Item No 8 under lighting, the last 7 prohibit on that The eight-foot sidewalks, monument 8 sentence reads, this restriction will need to be wnttan 8 slgnagc There could be -- designed as an office park in 9 as a condition of the ordinance 9 a campus setting, there could be a very unique fountain 10 MR REICHHART We can add that The standard 10 included or a clock tower or something hke that that 11 lighting condition can definitely be added 11 could be used for signage We don't have a problem with 12 MR ENOELBRECHT Okay We need to put that 12 elmunatmg probably poll signs, the standard poll signs 13 tn And I know that you're showing this site with the 13 The pedestrian lighting, we would encourage pedestrian 14 library and the fire station and I think that makes sense 14 lighting but, again, it's site plan specific Elumnating 1 $ that this all originally laid out as one area It would 15 the curb cut, we know a lot of people, again, are m favor 16 seem to me that it would be appropriate to have a 16 of elmunatmg that curb cut, and at this tLme we'd like 17 statement m there that design would attempt to or would 17 to keep our options open with that The wall I addressed 18 integrate the fire station and the library into the total 18 before That's it 19 package, but I don't sec anything that really suggests 19 MR ENGELBRECHT Okay I'll bet we do have 20 that duv..ctly 20 some questions Mr McNedl 21 MR R£1CHHART That was one of the dungs I 21 MR MCNEILL Has the staff given any 22 was suggesting that we can say that future design should 22 consideration to going into negotiation with the owner to 23 address the security and safety of the children as they -- 23 purchase this property given the -- between the rock and a 24 you know, going to and from school, the signage, lighting, 24 hard place everybody's in on this'~ You've got City 25 and pedestrian circulation, in relation to adjacent uses, 25 property on the south, you've got school on the west, and Page 58 Page 60 1 which would accommodate getting from the library to the 1 purchasing this property and doing something else with it 2 school and any of the residential properties in the area 2 Was that consldered'~ 3 MR ENGELBRECHT Okay All nght 3 MR POWELL If I may, I don't think that's 4 MR REICHHART And that's one of the 4 been considered Of course, the reason this rezonmg is 5 conchtions like an eight-foot sidewalk, it makes sense 5 before you ts that the City Council has asked for it to be 6 that we have -- accommodate the children and everybody in 6 rezoned because it was found to be inconsistent with the 7 the area, but maybe just the standard -- just saying an 7 newly-adopted Comprehensive Plan 8 eight-foot sidewalk himts some of the potential that we 8 MR ENGELBRECHT Any other qtu~stions'~ Mr 9 could have on this site, whether it's curvo-hnear with 9 Rlshel 10 berrmn8 and that v, ould also screen the adjacent use, too 10 MR RISHEL How many other pieces of property 11 MR £NGELBRECHT Okay Thank you Ms 11 do you suppose we have that am mcons~stant with the 12 ~3ourdre, did you have a question? Okay Any other 12 Denton Plan that we are in the process of rezomng under 13 questions? It would appear not Thank you The public 13 this type of circumstance';' 14 heanng is closed 1 can now ask you, Mr Reichhart, do 14 MR POWELL The way the lnterun 15 you have any final remarks from staff or comments 15 nonresidential regulations work is that as people bring 16 MR REICHHART Dual roles We do still 16 projects forward in terms of rezonmg, plats, bmldmg 17 recommend approval with the nine conditions ldenttfiad 17 pernuts, we're supposed to do a review And projects that 18 witlun the staff report The additional tenth condition 18 don't, that are not consistent, we're supposed to bring 19 would be -- the standard lighting conthtioo would be added 19 those to City Council for their consideration So, yes, 20 to that And then from the comments from the 20 there is more out there We'll probably have more that go 21 neighborhood, we do agree with the prohibited uses, 21 to City Council Obviously, we'll have probably a great 22 adrhttonal prohibited uses, and that the architecture of 22 deal when we get to the point of actually adopting a new 23 the building should be compatible with the adjacent, 23 zoning map that does implement the future land use map 24 sumlar office buildings in the area similar to Southndge 24 with the Comprebenstve Plan 25 office parks, prohibiting 24-hour retail uses 25 MR RISHEL DO you think that Just if you had PLANNING AND ZONING MEETING MARCH 22, 2000 Page 57 - Page 60 CondenseltTM Page 61 ! Page 63 to grab a number of -- obviously, the number that we have I super-majority no matter what we do The property owner Lmplemented in thus sort of a rezonmg is only this one 2 has already presented their opposition so it's going to But as you look itl the property and the configuration of 3 requLre a super-majority by the time it gets to City 4 our community as'we have tried to lay it out, how many 4 Council There might be additional concerns or 5 potential pieces would you say might be affected by this 5 considerations that the school board might have I know 6 as we see it? Would it be hundreds or would it be 6 one of the things Todd and I have talked about is maybe an ? thousands or what? 7 mcreased buffer, more than 50-foot, and some other 8 MIL POWELL I don't flunk it's going to be 8 options luke that that they're looking at that can still 9 thousands because the future land use map did reflect 9 be addressed at City Council 10 existing land uses! by and large, and so I don't think 10 MS GOURDIE I guess my concern is that with I there's going to be a lot of conflict Il the school being the mare focal point of this whole 12 MR REICHHART There is -- I'm gnmg to vent, 12 process and them requesting a postponement, I'm a little 3 there's probably less than ten 13 uncomfortable not giving them the opportunity to really 14 MR POWELL I was going to say less than 100 14 research the rezomng because, in theLr minds, this could 15 MR RISHEL i,mtrymgtolookatlt 1:5 be just as detrunantal as the current zonmg Solguess 16 multl-foldhere Is ttus gomg to be a pattem that we're 16 I.~ust need to halp understand 17 going to set forth vatlun our community You know, I look 17 MR REICHHART well, you ha',e the prerogative 18 at the staff tune that we've put rote this project I 18 to postpone [9 look at tbe lagal flme we've put mto this project I 19 MS GOURDm t just want you to talk me out 10 look at the volunteer tune we've put ,nrc this project I 20 of it or talk me into it And the other things is also as 21 look at the citizen's tune we've put into this project 21 you read through the list of what would be project plan 22 And I'm concerned about the precedent that we're setting 22 material versus this part of it, you went so fast I wasn't 23 here and how we'go about this and how we can either use 23 able to -- could you please go over it again'~ ~4 this as an example of what we do want to do or don't want 24 MR REICHHART If we're loolang through the to do and try to work with our citizens and our community 25 neighborhood issues that were raised, we believe that the Page 62 Page 64 to get the very best product we possibly can for everyone increased required setbacks along the northern property 2 So I'm just looking at the devil's advocate, 2 line, the eight-foot wide sidewalks, atlowmg only 3 what dtreatton we're going to have to move re to make sure 3 monument signage -- and, again, the increased required 4 that we have something that we can hve with as a 4 setbacks, the eight-foot wide sidewalks, the monument 5 community and know that it's cost-effective and 5 signage, although we do agree no poll signs could be added 6 time-effective and ohild safe and whatever else, 6 at this time, but just ILmitmg just to monument signs we 7 everything we need to get accomplished here '[~aenk you 7 feel is a hrmtatlon, pedestrian lighting only, and that 8 MR EN(}~LBRECHT Ally other questions? 8 could be a safety hazard depending on what type of 9 MS COUP, DIE Yes, please 9 configuration for parking lots and such luke that, 10 MR ENGbLBRECHT MS Gourthe 10 eliminating the curb cut along the northern property hne, I 1 MS COUI).DIE Mr Reichhart, I do have a 11 requmng the six to eight-foot masonry wall along the 12 question Could you please tell me again why the 12 northern property line 13 postponement wouldn't be prudent at flus tune? 13 And, again, if it's an issue of separating the 14 MR REICHHART We feel that we still could 14 user with the potential for school !ads waling by, 15 have the neighborhood meetings prior to getting to City 15 there's other ways to do that besides just an eight-foot 16 Council and wetve done that a number of times on a numbe 16 masonry wall If the architecture of the buildings is 17 of projects And we're still continuing to work with 17 compatible, we don't see that as an issue But as we get 18 folks We havelthrec to four wecks before we get to Clty 18 lnto the elevatians m the site plan, we'll he better able 19 Council and we~ have committed to have a neighborhood 19 to address that And those are the ones that we feel can 20 meeting m that tune 20 be and should be addressed in a project plan as this goes MS C_,OURDIE well, what about with the school 21 forward 22 system being next door requesting a postponement, which 22 MS COURDIE .Mid your comments towards the 23 means they are in opposition to thatO Would that be kind 23 prohibited uses, the arehitecture'~ 24 of a 20 percent Itlung happemng'~ 24 MR REICHHART NOt a problem 25 MR ~glc'I-IglART This IS ~nm~ to require a 25 MS GOURDIE SO we could add that in here° PLANNING AND ZONING MEETING MARCH 22, 2000 Page ffl - Page 64 CondenseItTM Page 65 Page 67 I MR REICHHART correct I unportant entity here that needs to have some answers, 2 MS CoOURDIE Okay And also there ~s 24 hour 2 questions answered I believe not knowing whether these 3 -- okay 3 roads are capable of handling selm-trucks and heavy usage 4 MR REICHHART The 24-beur -- no 24-hour 4 that means that down the road we're gomg to be redoing a 5 retail uses And then the only one that's really left in $ lot of revamping of roads, and I think we need to 6 there is the no daylight dehver~es of sen'a-trailers, and 6 understand what heavy trucks will do m a continual basis 7 that's a really hard one to police And the intent would 7 to our roads and our neighborhoods I also request that 8 be to probably -- and that could be addressed somewhat to 8 because there are people who did have questions concem~og 9 keep the delivery areas away from the schools You know, 9 what was going on here, not having it clarified 10 that's where the noise would be and that would be the i0 And, lastly, I also have a very hard tune 11 chsruption wth the deliveries, would be potential noise 11 tal~ng tlus material and I don't believe our standard 12 to the school cluldren dunng classes 12 lighting condition is appropriate There's many things 13 And re. allz~ng, I mean, that's why -- reahz~ng 13 here in town that I look at where it's not supposed to 14 there is a school next door and a library and other 14 diffuse out and I see people's houses, they've got their 15 community uses, the site plan, when you get right down to 15 blinds pulled down because the light is so -- we have a 16 it, is really going to be very unportant to take a look 16 definite problem with our standard lightmg condition, t7 and address these Issues 17 wluch I don'l: think does the job So I don't think we can 18 M~J GOURDIE SO Teasley is a truck route9 18 put that in there and really have faith in it I also 19 MR REICHHART It'S a State road, I unagme 19 believe that flus is too -- right now, I'm not able to 20 MS GOURDIE well, there's designated truck 20 congest it very well so I'd l~ke to postpone it so that I 21 routes, isn't there'~ Like, I know people -- the tracks 21 can have an exact concise recorm~endatloo from the C~ty 22 are supposed to go up Locust and Elm They're not 22 staff as to what the zoning would be and what the 23 supposed to be going down Dallas or that one part 23 eendltlens would be on the property and have mfonnat~en 24 They're supposed to cut over towards -- the streets were 24 that I can ascertain is correct 25 designed to carry the heavy loads, I guess is what I'm 25 MR ENGELBRECHT ls there a second? Page 66 Page 68 I getting at, wluch makes them truck -- 1 MR MORENO I'll second 2 MR, REICHHART We're not sure that it is a 2 MR ENOELBRECHT It's been moved and seconded 3 truck route We're not argumg with the fact that tracks 3 to postpone to our next regularly scheduled meeting An) 4 use the route, but we don't know if it's a designated 4 dtseussioo on the motion? Mr Williams 5 truck route 5 MR WILLIAMS I haven't basically heard 6 MS GOURDIE So I guess then we need to find 6 anything new from the last meeting and haven't heard 7 that reformation out and we also need to find out the 7 anyflung to convince me that this is not de facto zoning 8 reformation about Wind Paver and what ~t vnll hold m 8 So I will be -- and also I've had a course or two of 9 capacity I guess there's just a lot of questions here 9 political science and I realize that the City and the 10 that I am having a difficult ttrne comprehending without 10 school board are two drfferent political subdivisions and 11 information from y'all So I'm ready to make a motion if 11 they do not have to have pernussion from each other to do 1:2 anyone else is ready 12 anyflung They can work together 13 MR ENGELBRECHT We chd have -- I thought we 13 And to postpone flus means to hear the same 14 had another question 14 things over and over again where I still haven't heard 15 MS GOURDIE Sure 15 basically anything thfferently from what I heard last week 16 MR ENGELBRECHT Mr WilliamS, thd you -- 16 -- I mean, the last meeting 17 okay All right It appears there's no other questions 17 MR ENGELBRECHT Anyone else? Ms Apple 18 Thankyou, Mr Retchhart Conumss~oners, Iknowwe've 18 MS APPLE lmgomgtobevotmgagamstthe 19 been here an hour and 35 minutes, but we figured we'd wra 19 postponement, also Only because at our last meeting, the 20 flus case up and then take a break because folks have to 20 school board asked for a postponement at that time to our 21 clear out anyway Are there comments or a motionV Ms 21 next meeting knowing when spnog break was and I would 22 Gourd~e 22 have assumed that they would have known their rules that 23 MS GOURDIE I'd like to make a motion to 23 they had to get together and have a meeting And I think 24 postpone until our next meeting And I request flus 24 that flus could have been delayed by their request for a 25 postponement, one, because I believe the school is an 25 month down the road or we could have been given that date PLANNING AND ZONING MEETING MARCI~ 22, 2000 Page 65 - Page 68 Cond~ns~ItTM ' Page 69~ Page 71 at that time I think also that in a sense, thas case, MR POWELL GIVe me a second and I'll find because it is going to require a super-majonty of the 2 the date It would be April 18th City Council, it's moot to come before tlus body again I 3 MR MCNEILL Yeah, okay I'm going to be think that your resources and your energy need to be 4 voting agamst the motion to postpone because 1 agree with devoted to City Council and I thank that would give you 5 what's been said here, we need to move thas forward to the ample tmae by the time they're going to meet And I agree 6 City Council because whether we vote for it or against it with staff in that area 7 is moot, as Mrs Apple said The Council is the one MR ENGELBRECHT MI' Rashel 8 that's going to make the dectstoo, not thas body on this MR RISHEL I appreciate the pro~ss I 9 particular case because of the 20 percent rule So I'll 10 appreciate the citizens that we've had that have had a 10 be voting against the motion chance to speak I've tallied up the presented cards, 11 MR ENGELBRECHT Any other comraents9 T~¢ 12 something like 70 people that presented cards that were -- 12 motion then is to postpone to our next regularly scheduled 3 felt strongly about this issue and I adunre that process 13 meeting If you would, vote, please Motion is dented, 14 thatwehave We had l6 speakers, Ibeheve, thatspoke 14 fivetotwo Is there another motloo'~ 15 eloquently on the issues I would l~ke to also utilize 15 (COMMISSIONERS KISHEL APPLE E\GELBRECHT 16 our citizens' time the very best we possibly could and I 16 MCNEILL WILLIAMS VOTED IN OPPOSITION) 7 thank the best utthzatton of that tune is to put them in 17 MR WILLIAMS I move that we send this to 8 front of the decision-making body and that ts the City 18 Council since - I move that we send thas to Council 19 Council I think that -- I know, number one, that our 19 without any response 20 Boards and our Eonumssions and our staff and our City an, 20 MR MCNEILL Second i our City CouncdI people listen to our citizens I know 21 MR ENGELBRECHT I want to understand the 22 that they're concerned about our citizens Not that we 22 motion is to send it to City Council with no 23 aren't We are also concerned about our citizens 23 recommendation9 24 Because of the 20 percent rule, I thank that your tune is 24 MR WILLIAMS Yes best spent in frot~t of the body that is going to make that 25 MR ENGELBRECHT Ladies and gentlemen, Page 70 Page 72 final decision please Was there a second9 2 I would hke to caution you I flank that, 2 MR MCNE1LL Yes 3 once again, tho process and this plan that the City has 3 MR ENGELBRECHT Okay There was a motion 4 put forth is not th¢ only cholce for you I don't know if 4 andasecond Discussion'~ Ms Gourdle 5 it's the best choice or not There are other alternatives 5 MS GOURDIE Yes, they're motioning just to 6 that need to be flushed out with thas I'd l~ke to see 6 have the rezomng with no recommendations, no building, no 7 some of those things brought forth I think you as a body 7 exteriors, no land uses, no sale -- prohibited use of 8 of people eertamly have the capability to give the input 8 alcohol and tobacco Is that what they're sa)ang, that 9 and the recomm~ndations to what is going to make the best 9 they're just saying to have the rezonmg considared'~ I 10 neighborhood We possibly can for you I would l~ke to see 10 don't understand what the motion means 11 this moved before the City Council as svaftly as we 11 MR ENGELBRECHT The motion -- the petition 12 possibly could and save everybody's resources and our 12 would be forwarded to the City Council without a 13 resources and tlie City's resources and our citizenst tune 13 recommendation, in essence 14 and efforts and :voices and see if we can get tt where tt 14 MS GOUROIE okay Thankyoo 15 needs to be 15 MR ENGELBRECHT Any other discussion on the 16 MR ENGELBRECHT Mr McNOdl 16 motion~ Legal would like to make a comment 17 MR MCNEILL when would this appear before 17 MR $NYDER If I understand the motion, if 18 the City Council? Whach meeting~ How long will it be 18 the motion Is not to make a recommendation, then, in 19 before it gets there9 19 essence, thas body is saying that they're not recommending 20 MR POWELL Yes, it would be the second 20 approval of thas application In essence, is that what it ' 1 meeting in April because there's a 20-day tune lrrmt 21 amounts to? Is that -- There Is a rmnunum of 20 days that needs to occur between 22 MR MCNEILL Is that what that means9 22 23 P&Z and City Icoun¢ll 23 Legally, is that what that means9 24 MR MCNEILL which is lfl~e three weeks from 24 MR sNYDER yeah, I would thank so and I just *~ now, four weeks from now, I believe, isn't it? ~ 25 wanted to get a clarification Is that what Mr Williams PLANNING AND ZONING MEBTING MARCH_22, 2000 Page 69 - Page 72 CondensoltTM Page 73 Page 7~' I -- if you're not making a recommendation, under the I the revised landscape buffer, that we're just not doing 2 statute, the Planning and Zoning Commission -- 2 evergreens? 3 MR WILLIAMS It's neither hear nor there 3 MR R1SHEL AS we discussed In our open 4 whether we make one or not So that's my motion and you 4 session 5 can interpret it any way you want to I made my motion 5 MR ENGELBRECHT And I believe you also had, 6 and I vail not change tt 6 In addition to 1, 2, and 10 and the buffer, there was also 7 MR ENGELBRECHT well, that's okay I ttunk 7 out of No 6 from the neighborhood meeting, the no poll 8 it's unportant that we get a legal interpretation of what 8 signs recommendation, although, I don't think that would 9 the legal meaning of the motion is 9 be allowed anyway under the -- or would it because of the 10 MR WILLIAMS FOr you other people, but 10 type of' roadway9 11 that's the mottoo I made and I'm intelligent enough to 11 MR REICHHART I believe it would be 12 know the motion that ! made 12 MR ENGELBRECHT Okay 13 MR SNYDER well, then let me say flus The 13 MR RISHEL would it be appropriate to have 14 staBate requu'es that the Planning and Zoning Comnusslon 14 Mr Reiehhart review those, as well as the sidewalks, the 15 make a report to the City Council based on the zoning 15 landscaping, the fencing, the signege'~ 16 application And also our ordinance requues that So I 16 MR ENGELBRECHT Let me ask you if you could 17 would construe that to mean, If you're makang no 17 just review the one that we thscussed, l, 2, 10, and the 18 reconunendation to the application, that, In essence, it 18 part of' 6 and the bufferyard 19 would be a recommendation -- If that's the motion, I think 19 MR REICHHART The conditions that are going 20 the legal effect of It would be that you're not 20 forward would be the additional prolublted uses including ,21 recommending approval of' the application 21 firearm sales, video arcades, tattoo parlors, head shops, 22 MR ENGELBRECHT Okay All right Very 22 and outdoor speakers, that the architecture of the 23 good Any other comment'~ Okay The motion before us is 23 building should be smular to the office btukhngs at 24 to send tt to, forward to the City Council with no 24 Southndge Oaks Office Park, we're going to prohibit 25 recolmnendation If there's no other comment, vote, 25 24-hour retail uses, for example, no retail customers Page 74 Page 76 1 please Motion is denied, four to three Do we have I shall be alloyed on the proImrty from 7 00 p m to 7 00 2 another motlon'~ 2 a m, we're also saying no poll s~gns shall bo allowed 3 (COMMIS$IONER~ ENGELBRECHT RISHEL MORENO 3 and then we're saying that the other issues that we had 4 A~\'D GOURDIE VOTED 1N OPPOSITION) 4 identified have to be addressed in tho project plan 5 MR RISHEL I'd like to make a motion 5 MR P. IS~IEL Thank you Mr Rcichhart 6 MR ENGELBRECHT Mr Rtshel 6 MR REICHHART And I can go over those if you 7 MR RISHEL I'd like to make a motion that we 7 want, also 8 approve the -- to recommend approval of Z-00-003 as 8 MR RISHEt, Thank you 9 ~coraraended by staff with the lumtations and 9 MR £NOELeaEcH'r nny other questions, 10 recommendations as submitted And I'm open to any 10 comments? Okay Thank you, Ma' Roichbert Any 11 friendly motion 11 discussion? Yes, ~ Wdhams 12 MR ENGELBRECHT Is there a second? I'll 12 MR WILLIAMS YeS I will be voting against 13 second the motion I have a question You sold with the 13 this motion in regards to I still have serious problems m 14 conditions as outlined by staff Would that also include 14 regards 'to the Cny and changm8 zoning la and stream once 15 those verbal condations that were added by staff, the 1 $ a plan has been subm~ncd and voted down by -- unammousl', 16 lighting condition and they had indicated -- 16 by this Board But I do bevc problems with this And 17 MR RISHEL I would hke to include those, 17 these problems come from my own personal experiences 18 yes, sir 18 I've had opport~mty to sit with descendent, well, really 19 MR ENGELBKECHT And 1, 2, and 10 from the 19 with people who were moved out of Quakertown I talked to 20 neighborhood meetings which were the ones that I believe 20 Mrs Clark about t~n years ago And nons of these people 21 Mr Reich.hart indicated that they were -- 21 are still hying She cncd ton years ago when she was a 22 MR RISHEL It would be my intent that they'd 22 small cImld when she had to be uprooted because there was 23 be a part Of that motion, yes, sir 23 some rezomng done And I flunk we're setting a bad 24 MR ENGELBRECHT All right 24 precedent when, and I empathize with the citizens when we 25 MR REICHHART And would that also include 25 don't take all precautions when we make major m,,estments PLANNING AND ZONING 1VEEE;TING MARCH 22, 2000 Page 73 - Page 76 , CondenseltTM Page 77 Page 79 to look at what we a~ buymg MS GOURDIE Paght l'mlusttrymgto I'm tn the s~rnn position that I was last 2 understand the ranuficattons of all this at flus moment m meeting when tha heart,owners came and they were cono,'med 3 tune My other question or my other comment ts I will not about aparUnents going up, but it was zoned that way 4 be voting tn favor of this due to what the futtu'e holds Nobody tried to hid~ It And I've even heard anybody say 5 It's not giving anyone what all these people are askang abuddortoldthem~nytlangdlffctemly lalsohavca 6 for There's ~omethmg m the atr that's gomg to happen problem with over.ag was hunley-dory as long as tho City 7 and I don't foresee it being positive and school d~smet ~ gcmng what they wanted And 8 Secondly, thank God, Abraham Lincoln changed now it's changang AOd I would hevc voted m favor of 9 laws hundreds of years ago, because if we did not change rozoomg heforo anc~ther zoning case would have com~ up 10 laws, we wouldn't be doing anything different, Mr And when I used to play cards m college, we used to call 11 Williams And I appreciate your commentary, but things 12 that "after-wish" In oth~r words, when you finish a book 12 aren't as they seem and if we don't change laws, if we 3 and that book is clo~xi, it's closed You can't go back 13 don't move ~ ith the way the system works, if we don't 4 and reopen It And I'm just having a problem with tho 14 become flexible, we are doomed to be hard and forever 5 process And I can't he a part of any process that I 15 doomed And I'm sorry, but that logic is not useful any 6 can't look myself in tho hurter and tinnk that things 16 longer We must change our laws to work wlflun our t7 couldn't have been,done &fRxently and be~aar and will vm 17 commumty 18 bedmngtlusagam~andtlusmn~wlllsomobody' will 18 MR V~XLLIAM$ Pome of order 19 the neighbors get a0gry at me because I don't shmc my 19 MS GOURDIE It's my commentary 20 sho~s and deeld~ they want to rezone my house to 20 MR ENGELBRECHT I would ask that all the 21 Commercial 21 Comrmsstoners address the entu'e Comnusston and not 22 MIL ENOELBRF. CHT xhaok you Ms Oourdte 22 mchvidual Conmussloners We're going to talk about that 23 Ma ooual~m ihavetwothmgs, pleasa I 23 m the workshop ~4 n~xl to know, I n~xl clarification hecaus~ this is an 24 MS GOURDIE Thank you I just want to say important vo~, If this ta passed, this motion on the 25 that I behe~ e laws are meant to be changed Page 78 Page 80 I table and tt goos to City Council and City Council does ~na E~OBt. nREC:4'r 'thank you 2 not have super-majority which means six out of seven vote 2 MR REtCHHART Mr Colnn~lsstongr if I may 3 for this, if It becomes five-tw'o vot~, what happens? 3 expand on Nh' Snyder s r~marks This Is the existing 4 MR aNY'DER I flunk flus motion really 4 detailed plan that's apprOVed right now Tala plan would $ doesn't have any affect on that already because of the 5 not require any additional zoning approvals But it would 6 protest from the property owners, the auper-malortty 6 under oar mterun regulations requn~ a project plan 7 MS Ca)UP. DIE well, I know I understand 7 approval which again is thc site plan portion of the 8 I'm Just saying that we are m a super-majority situation $ interim regulations Anything that d~ffers from elms 9 where tt has to be a slx-one vote tn order to have the 9 would, again start.lust hk~ we &d with an apphaation 10 property rezoned to Neighborho<x:l Center and Conditioned 10 that from the previous apphcauon, would requn~ 11 Office If that docs not happen, it does not recelw the 11 ne~ghborheod notifications pubhc heenngs at Planning 12 votes necessary to do, it's a five-two vote winch means 12 and Zoning Comnusslon to approve a detailed plan, and then 13 that it's not passed -- 13 onto City Counad again, If it went that far to again 14 MR SNYDliR Thatta correct 14 approve a neY. detailed plan and a proJeCt plan, if that 15 MS COURDIE IS the property -- the 15 answers yom' qu~t~ons any farther what would happen 16 property 1~ considered still as it is zoned as flus 16 MR E',OELB~EC9T okay Thank you Ms 17 moment, G-ene~al Retml, and can the detailed plan that 17 Apple 18 exists at this moment begin development9 18 MS APPLE We Still have a motion and a 19 MR SNYDER well, the property Is zoned 19 second on the table I hehove, and I will be voting 20 Planned Development right now, retail And, yes, it's -- 20 agamst that motion for a number of reasons I am I the property la, as it'S zoned now and If the zoning la not 21 concerned that tins rezomng as I mentioned at oar last 22 meeting, some of the reasons why, sometimes I'm afraid you 22 chan ed then it will be what It's zoned now 25 MR SNYDER Yes, It currently IS zoned 25 pre~lous plan I don t know that I share tho concerns _zo - a _ ?*3_ 000 77- CondonaoItTM Page 81 Page 83" I of the neighbors I share thc concerns of the school MR SNYDER I J uat want to point out, the 2 district But I don't know that this particular plan is 2 legal effect because there's been no motion to approve, 3 the way to go 3 the morton to approve has faded, then the report would go 4 MR. ENGELBRECHT Mr Morano 4 onto the City Council as ttus body not recommending 5 MR MOILEx, O Yes, sir, Mr Chairman, just a 5 appro'~al of the apphcatlon 6 couple of concerns One of the biggest concerns that I 6 MR ENGELBRECHT okay F~rst off, I want to 7 have and I hope that the neighborhood thinks about tlus 7 thank everyone for conung tlus evening and for your 8 very carefully, ts that we're trading potentially an 8 patience And at flus tune, we're going to take a 9 80,000 square foot building that I envision as a strip 9 15-rmnute break 10 center and you're trading that or accepting that in 10 (Break taken ) 11 exchange for what might be potentially a much smaller 11 (At flus tune, a workshop was conducted in 12 retail complex of some kind I still have concerns about 12 which no verbatun unnutes were requested) 13 this process that we're going through I think that wlule 13 (End of proceedmgs) 14 it's mayl~ technically legal, that there's just something 14 15 that doesn't feel quite right about it I sympathize with 15 16 the neighbors It's hard to face all of you and not 16 17 respond positively to your wishes But I, too, will be 17 18 voting against the motion I can't help but feel that a 18 19 little bit more tune to reflect upon what you may get 19 20 would hanefit both you, the developer, and all concerned 20 21 MR ENGELBRECHT Mr ~shel 21 22 MR RISHEL ye..~h I just wanted to pomt out 22 23 -- would you put your plan back up there? As we have that 23 24 and we look at that unit, there's nothing that would 24 25 prevent any retailer from, as a hypothetical example, even 25 Page 82 I a Wal-Mart from occupying that space Is that correct9 2 MR REICHHART Currently? 3 MR RISHEL Right 4 MR. REICHHART If it's m exactly this 5 configuration, it doesn't need the public haanng portion 6 of the zoning It still needs project plan approval 7 MR RISHEL My point exactly So we haven't 8 stripped or taken away any zonmg that rmght potentially 9 be there that was previously granted or anytlung else? 10 MR REICHHART correct 11 MR RISHEL Okay That's what I wanted to 12 make a pomt on Thank you 13 MR ENGELBRECHT Okay Any other gomlngnts9 14 The motion is to recommend approval with condmons 15 Vote, please Motion is denied, five to two 16 (COMMISSIONERS APPLE, MORENO, MCNEILL, 17 ~lLLIPgvl$ GOURDIE VOTED IN OPPOSITION) 18 MR ENGELBRECHT AS far as I can tell, unless 19 someone wants to create a motion, that that pretty well 20 covers the gamut of possibilities for this case It 21 appears no one else wants to make a mot. ton 22 MR SNYDER IJust wanted to point out what I 23 the -- I 24 MR ENGELBRECHT Mr Snyder would hke to 25 make a comment with regard to the -- . PLANNING AND ZONING MEETING MARCH.2~., 2000 Page 81 - Page 83 ATTACHMENT 3 Cr were asked to attend a neighborhood meeting on Monday, March 20, 2000 Elementary Representatives from Bent Oaks, Southndge, Indian R~ge, Forest Ridge, Hunters R~dge and Sundown Ranch were ~n attendance (see s~gn,ln sheet) Below ~s a hst of additional conditions requested by the group 1 Prohibited uses 0n addmon to those already identified) F~re Arm Sales, V~deo Arcades, Tattoo Parlors, Head Shops, and Out Door Speakers 2 Archttecture of the bmldmgs should be s~mflar to the office bmld~ngs at Southndge Oaks Office Park 3 Increase required setbacks along northern property hne (for school children's safety) 4 No day hght dehvenes by sem~-tratlers 5 Require 8' w~de s~dewalks along perimeter (for school children's safety) 6 Allow only monument sxgnage (No pole signs) (A d~scusslon regarchng the type of bmld~ng mounted slgnage that should be allowed ensued, but no consensus was found S~gnage detmls could be finahzed at the t~me a Project Plan ns submitted for rewew and approval ) 7 Allow only pedestrian hghtxng on the site (Th~s ~s to ehmmate the potential negative hghtmg effects off-site Th~s was not a consensus op~mon and staff would prefer to utilize or standard lighting condmon at the time of Project Plan review and approval ) 8 Eliminate curb cut along the northern property hne 9 Reqmre 6' to 8' masonry wall along northern property hne (Th~s was not a consensus optmon ) 10 Proh~btt 24-hour retml uses 0 e No retml customers shall be allowed on the property from'7PM to 7AM ) 11 Hold a Neighborhood meeting Staff agreed to have a meeting and suggested that one could be held prior to C~ty Council actmn on th~s case 1 As new products are introduced to the market could they be used instead of composition shlngles'~ (Condition 3b) 2 What was the not~flcabon requirements m 19917 3 What ~s the maximum height of a two story building? 4 Why allow the north curb cut on Teasley? 5 Require a continuous 8' h~gh masonry wall along the northern property hne to screen the site and prowde security to the school children 6 Could a fund be set up that would allow pnvate c~t~zens to make donations so the city could by the s~te? ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT (PD- 16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8 3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND TEASLEY LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00~03) WHEREAS, The C~ty of Denton ~nmated a change in zomng for 8 3 acres of land from Planned Development (PD-16) zomng dmtnct classfficatlon and use destgnatlon to Neighborhood Service (NS) wtth condtt~ons zomng dmtnct elassfficatlon and use demgnatlon, and WHEREAS, on March 22, 2000, the Planmng and Zoning Commmslon concluded a pubhc heanng as reqmred by law, after winch a motion to recommend approval of the requested change in zoning failed, and WHEREAS, the C~ty Council finds that the cond~tmns nuposed by tins ordinance are in the pubhc interest, and WHEREAS, the C~ty Council finds that the change m zomng is consistent with the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ The zomng district classification and use demgnatxon of the 8 3 acre property described m the legal descnptton attached hereto and incorporated herein as Exhibit A is changed from Planned Development (PD-16) zoning dmmct classification and use designation to Neighborhood Services (NS) zomng d~stnct classfficatlon and use designation under the comprehenstve zomng ordtnance of the C~ty of Denton, Texas, subject to the following condtt~ons 1 The penmtted land uses are resmcted to those described ~n the hst attached hereto and incorporated heretn by reference as Exinint B, some of which require a specffic use permit as shown on Exh~btt B 2 The maximum bmld~ng gross floor area shall be 86,200 square feet, w~th no lndlvldual structure to exceed 80,200 square feet Total gross floor area devoted to professional and adrmmstratave offices shall be no less than 40,000 square feet No individual business shall exceed 4,000 square feet of gross floor area, except professional and admmmtraUve offices, winch may not exceed 10,000 square feet per ~nd~v~dual bus~ness 3 Architectural standards include the following Page 1 of 3 a Maximum bmld~ng height shall not exceed two (2) stones b All buildings shall have no less than a 6/12 roof pitch and composrt~on slungles x c Exterior building material shall be 100% brick or masonry 4 The sale of alcohol, tobacco and firearms are protub~ted V~deo arcades, tattoo parlors, head shops, or land uses employing outdoor speakers are also prohibited 5 No retail customers shall be allowed on the property from 1 OPM to 7AM 6 A continuous 50-feet wide bufferyard along the entire length of the western site boundary shall be mmntmned at all times A masonry screemng wall shall be constructed along the easternmost edge of the bufferyard, at a height of 8 feet above fimshed grade Evergreen trees and shrubs shall be installed on the west side of the screening wall and shall be a part of the landscape plan The design and materials used for the screemng wall, and the landscape plan shall be provided and approved prior to the issuance of a bmldmg permit 7 Any service delivery areas shall be screened from public rights-of-way Storage areas shall be contained within buildings 8 A maximmn of three curb cuts shall be allowed in accordance w~th City of Denton subdivision regulations, one on the north boundary, one on the east boundary, and one on the south boundary connecting to the existing access easement If the west boundary curb cut is installed, access restrictions shall be established to prevent traffic mrculatlon into the school property to the west 9 No pole signs shall be allowed 10 In addition to the above conditions the standards for ProJect Plan approval, as per Ordinance No 2000-069, shall be satisfied prior to apphcatlon for building permit The project plan shall also address all site conditions that are required by the above eondmons In addition, the project plan shall also address pedestrian access and safety adjacent to and through the project site, slgnage, hghtmg, parkang lot screemng, location of servme areas, loading areas, and dumpsters in relation to the adjacent school and vehicular access to the site ~ The City's official zoning map is amended to show the change in zomng district classification SECTION 3 If any provision ofttus ordinance or the application thereof to any person or circumstance ~s held invalid by any court, such ~nvahdlty shall not affect the validity of other provisions or apphcatmns, and to th~s end the provisions ofth~s ordinance are severable SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prowslon ofttus ordinance is violated shall constitute a separate and d~st~nct offense Page 2 of 3 SEC__~_~TI.0,1~ That tlus ordinance shall become effective fourteen (14) days from the date or,ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption oftlus ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper pubhshed m the C~ty of Denton, Texas, w~t!nn ten (10) days of the date of~ts passage PASSED AND APPROVED tins the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 EXHIBIT A 8 294 ACRES OF LAND FIELD NOTES to all that certain tract of land situated m the C Poullaher Survey Abstract Number 1006 City of Denton, Denton County, Texas and being all of the remainder of the called 9 212 acre Tract I and all of the called I 962 acre Tract II described m the deed from Alexander Management to E Alexander recorded under C F N 97- R0002632 of the Real Property Records of Denton County, Texas, the subJeCt tract bemg more partzcularly described as follows BEGINNING for the Northeast comer of the txact being described hereto, at the Northeast comer of the said Tract II at the mtersectqon of the South line of Teasley Lane with the West line of Lflhan Miller Parkway, same being the Northeast comer of the called I 962 acre tract described m the deed from City of Denton to First Republic Bank of Dallas recorded m Volume 2978, Page 380 of the Deed Records of Denton County, Texas, THENCE South 01 Degrees 03 Minutes 39 Seconds East with the West line of Lllhan Miller Parkway and the East lme of the said I 962 acre First Republic Bank Tract a distance of 573 66 feet to a to a 1/2 tach iron rod set at the most Southerly comer of the said tract m the Southwest right-of-way of FM 2181 as described m the deed from R M Evers to the State of Texas recorded m Volume 400, Page 334 of the said Deed Records and also bemg the Northeast line of the said Tract I, THENCE Southeasterly along the arc of a curve to the right with the Southwest right-of-way of F M 2181, havmg a radius of 671 77 feet, an arc length of 79 45 (chord beanng South 04 Degrees 32 Minutes 44 Seconds East a distance of 79 41 feet) to a ½ tach ~ron rod set m the East line of the said Tract I at the end of a curve, THENCE South 01 Degrees 09 Minutes 07 Seconds East continuing with the said right-of-way a distance of 42 33 feet to the Northeast comer of the tract of land described m the deed from N C N B Natnonal Bank to the City of Denton as recorded m Volume 2978, Page 9090 of the said Real Property Records, THENCE South 88 Degrees 44 Minutes I0 Seconds West with the North line of the City of Denton tract and the R N W Addition as shown by the plat thereof recorded m Cabinet H page 338 of the Plat Records of Denton County, Texas a distance of 492 58 feet to a ~ tach iron rod found at the Northwest comer thereof m the East lme of a called 15 000 acre tract of land described m the deed from Henry S Miller Co, to Denton Independent School Dlst~ct recorded m Volume 979, page 174 of the Deed Records of Denton County, Texas, THENCE with the East line of the said DISD tract and the West line of Tract one the following three calls North 01 Degrees 16 Minutes 40 Seconds West a distance of 254 28 feet to a ½ tach iron rod found, 2 North 24 Degrees 29 Minutes 26 Seconds West a distance of 126 27 feet to a ~ tach xron rod set, 3 North 00 Degrees 51 Minutes 22 Seconds West a distance of 332 10 feet to a ½ tach iron rod set at the Northeast comer of the DISD tract in the Southwest right-of-way ofF M 2181, THENCE with the said Right of Way and the North lme of Tract I along the arc of a curve to the right having a radius of 671 77, an arc length of 79 45 (chord bearing South 04 Degrees 32 Mmutes 44 Seconds East a distance of 79 41 feet) to iron rod set for the West comer of the said 1 962 acre First Republic Bank tract, THENCE North 70 Degrees 09 Minutes 13 Seconds East with the North line of the 1 962 acre First Republic Bank t~act and the South line of Teasley Lane a distance of 62 15 feet to a ~A tach iron rod set at an angle point thereto, THENCE South 89 Degrees 48 Minutes 05 Seconds East continuing with the North line of the 1 962 acre First Republic Bank t~act and the South line of Teasley Lane a distance of 413 93 feet to the PLACE OF BEGINNING an enclosing 8 294 acres of land, Land uses shall be limited to the following Art Gallery or Museum Church Or Rectory Commumty Center (Pubhc) Instamt~on Of Rehg~ous Or Philanthropic Nature Park, Playground Or Pubhe Commumty Center Swimming Pool (Private) Telephone, Bus~ness Office Park Or Playground (Public) Antique Shop (w~th a Specific Use PenmO Bakery Or Confectionery Shop (Retail) Cleamng And Pressing Small Shop And Pickup Custom Personal Service Shop Drapery, Needlework Or Weawng Shop Florist Or Garden Shop Hand~crafl Shop Laundry Or Cleaning, Self Service Offices, Professional & Adm~mstrat~ve Restaurant (w~th a Specific Use Permit) Retml Stores & Shops 4,000 Square Feet Or Less Studio for Photographer, Muslman, Artast Or Health Agenda Item _.-.,z~,~- Date I00 AGENDA ]NFORIVIATJON SH~T DEPARTMENT F~seal ~eratxons ACM. Kathy DuBose ~ F~s~al ~d M~m~pal S~mes SUBJECT Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District, and declanng an effective date As you are aware, the Appraisal Review Board hears all appeals that are presented to the Appraisal District dunng the months of May through July and throughout the rest of the year as appeals are requested Since thts is a very time consuming process dunng May through July, the m&mdual who serves on the board should be available full-time dunng these months Members of the Appraisal rewew Board serve two-year terms Though the Appraisal Review Board members are nominated by taxing jurisdictions, the Appraisal District Board of Directors appoints them The Board of Directors is scheduled to make their appointment at their May 25, 2000 meeting A can&date is needed to fill a vacancy that was available due to the resignation of Tom Barker I have also attached information from the Appraisal District concerning the qualifications, appointment, and compensation of members of the Appraisal Review Board Attached are a list of current Appraisal Review Board Members, and their terms FISCAL INFORMATION Them is no direct fiscal impact Respe~fu~lly submlttt~d ~] /D~fl~na G Ort]z~ ~ ' ' Director of Fiscal Operations RESOLUTION NO A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas vnshes to nommate members to the Apprmsal Rewew Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the C~ty of Denton, Texas hereby nominates , , , and as members to the Apprmsal Rewew Board of the Denton Central Apprmsal Dmtnet ~ That tNs resolution shall become ¢ffecUv¢ ~mmechately upon ~ts passage and approval PASSED AND APPROVED llus the day of ,2000 MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORIVl HERBERT L PROUTY, CITY ATTORNEY 2000 APPRAISAL REVIEW BOARD H W SPROWLS Lew~swlle ROLAND LANEY Denton BARRY G KING Demon LARRY T WILSON Demon PEARL FORD Roanoke PATSY MONCRIEF Justin W GARLAND THORNTON, JR Denton RAYMOND REDMOND Denton NEIL SCHEITEL Aubrey CAMILLE MALDONADO Lew~svflle JOHN HAY Justin RESIGNED. TOM BARKER Lewlsvllle APPRAISAL R~VI~W BOARD Q,,shficatlon, Appointment and Compensation Who Can Serve* To serve on the ARB, you must have lived m the appr/usal district for at least two years before taking office You don't need any special qualifications, but you may not serve on the board if you are In county of more than 100,000, a person is mehgthle ff the person (1) has served all or part of three premous terms, (2) is a former member of the board of directors, officer or employee of the appraisal dismct, (3) ffthe person served as a meraoel of the §overmng body or officer cfa taxing rout for which the apprmsal/hsmct appraises property, unul the 4~ amuversary of the date the person ceased to be a member or officer or (4) has ever appeared before the ARB for compensaUon You also may not serve as an ARB member if you are closely related to a person who operates for compensatton as a tax agent or is m the business of apprmsmg property for property tax purposes m the apprmsal dlstnct Relattves barred are those w~tlun the second degree of consanguuuty or afftmty If you knowingly violate tins prowslon, you conumt a class B nusdemeanor Tins promslon took effect September 1, 1989, and applies only to ARB members serving terms that began after that date The law also bars from ARB service members who contract with the apprmsal chstnct or with a taxing umt m the appratsal chstnct The bar apphes ffthe member or a business enUty m winch the member has a substantial interest contracts with the appraisal chstnct or a taxing umt that pamcipates m the appraisal d~stnct Lhkewise, the same taxing umts and the appraisal chstnct are each proinbated from contracting wtth an ARB member or a business enttty m winch an ARB member has a substanUal interest Substanual interest ~s defined as either 1 Combined ownerslup by the member or the member's spouse of at least l0 percent of the voting stock or shares of the business 2 Semce by the member or the member's spouse as a partner, 1muted partner or officer m the business enttty You may also not serve if you hold some other paid public office The Texas ConsUtutton does not allow a person to hold more than one paid public office S B 1017 reqmres the Complroller to approve curncula, proxade materials and super~use a course for training ARB members The Comptroller shall ~ssue certificates mchcatmg course completmn All ARB members must complete the course or may not part~cxpate m ARB hearings ARBTe s~dS~ze Members serve two-year staggered terms, approxtmately half the member's terms expire each year Terms begin January 1 The apprmsal district d~rectors appoint ARB members by a majority vote and record their dec~sxon m a resolution ARB Com_p3nsaUon The ARB receives a $50 00 rmmmum for a half day and $12 50 an hour for any hours worked after the $50 00 mmunum The maxuuum pay ~s capped at $100 00 per day ARB Meetmc, s ARB regular meetings are the tlurd Wednesday of each month at 9 00 A M ARB reappr~usal hearmgs will start on a daffy bas~s, as needed, from late May unlal the appraisal roll ~s approved usually m late July Meetings will normally be from 9 00 A M to 5 00 P M Effeot~ve Janumy l, 1998, ARB's must prowde hearing tunes m the evening and on a Saturday or Sunday The Board of D~rectors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board of D~rectors w~ll choose flve members for a two year term The selection w~ll be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Name Address Address Phone Jurlsd~ctlon 1. Would you be willing to served If so you would need to be available from m~d May untll the end of July The Board meets from 9 00 a m to 5 00 p.m. until the roll is certified There will also be meetings perlodlcally throughout the year 2 Have you ever been an officer or employee of the appraisal dzstr~ct 3. Have you ever served on the appraisal districts board of directors9 4 Have you ever been a member of the governing body or an offlcer of a taxing unit for which the appraisal dlstrlct appraises property~ __If so, has it been the 4th annlversary of the ~-~ you ceased to be a member or officer~ 5 Have you ever appeared before the ARB for compensatlon~ 6 How long have you resided in Denton County~ 7 Occupation 8 Do you have any prior experiences servlng on an appraisal review board or any board that has to do with property value9 9. Could you make a decision based on evidence rather than feelings for the taxpayer~ 10. The property tax code requires that all property be valued at 100% of market value Could you keep th~s in mind throughout the proceedings~ 11 Would you be willing to work n~ghts and weekends if necessary~ The Board of Dlrectors wlll notify you of their declslon Board of Directors Denton Central Appralsal D~strict Agenda No .. AGEND~ INFORMATION SHEET Agenda Item ~ G, - AGEND~ DATE: May 16, 2000 DEPARTMENT: Pl~ng Dep~ent DCM. Dave Hall, 349-7715 ~ ~ - Exaction V~ce ~-00-005) Consider approv~ of exaction v~ces from Section 34-114(5), ex[st~ng perimeter s~eets and Section 34-114(17), s~dewalks, of ~e Subd~wsmn ~d L~d Development Regulations for a 5 014 acre prope~y ~s located, no~h of Windsor, along the east s~de of Rmey Road A single f~]ly residence ~s proposed (The Plying ~d Zoning Commission recommends demal [4-3] on n~t-of-way v~ce ~d reco~ends demal [5-2] on p~[meter street v~ce ) The apphc~t has requested ~o (2) v~ces based on a reasonable relationship be~een the reqmrem~ts of the Code of ~d~n~ees ~d ~e ~e of development A third v~ce reg~dmg mstallatmn of a s~t~ sewer hne across the len~h of ~e prope~y w~ also requested However, at the Plying ~d Zomng Co~[ss~on meeting, ~t was determed that ~other alternative was available ~d ~erefore, the s~t~ sewer hne v~ce ~s not needed In dete~mmg whether or not to approve exaction v~ces concerning the T&T Nelson Addition, City Co~ml must dete~me [f ~e imposition of ~y development exactton p~su~t to the C~'s Subdtws~on ~d L~d Development regulations exceeds ~y reportable benefit to the prope~y 9wrier or is so excessive as to constitute confiscation of the ~aet to be platted The following p~a~aphs s~m~ze the staff reeo~endat~ons ~d reasomng for each v~ce request Addmonal ~nfo~aaon ~s provided m the attached Plying ~d Zoning Commission staff repo~s 1 Exaction Variance from Section 34-114(5) concerning ex,sting per~meter streets The applie~ts have proposed no sffeet ~mprovemcnts Re~lat~on~ reqmre Rmey Road be ~mproved along ~e ~ontage of the development, since ~e ro~ ~s not cu~ently constructed to C~ty st~ds It should be noted that ~ney Road no~h of th~s trot will be reeons~cted t~ough ~e Capital Improvements Pro~ w~th the wMenmg of Hwy 77 m the ne~ future Section 34-114(5) allows for ~e pa~ent of fees instead of actual construction [f the s~eet ~s scheduled for reeons~ct~on w[~m ~o ye~s t~ough the Capital Improvements Pro~ · ~s case,,~e pa~ent of fees ~tself does not reqmre a van~ce, only the ~ount of the fees The pa~ent, instead of construction, would be used m conj~ct~on w~th ~e C~ty's CIP ~dmg to extend the ~mprovements that ~e cu~ently plied ~eco~endst~o~easonm~ Staffrecommends approval ora patrol v~ce from ~e ex[sting perimeter s~eets reqmrement The reqmred pawng ~mprovements for th~s development would cost appgox~mately $22,000 for the one lot B~ed on the $5,400 per lot that ~t t~mally costs to cons~et a s~eet m ~om of a Smgle-F~[ly 7 (SF-7) lot m the City of Denton, staff proposes that ~e apphc~t pays $5,400 for reqmred s~eet ~mprovements ( ( report dac 2 Exact~0n Variance from Section 34-114(17) concermng s~dewalks The appheant proposes no pedestrian access system (stdewalks) along Rmey Road The ctted section reqmres a four (4) foot wxde sxdewalk along all road frontages Thts portton of the infrastructure ~mprovements ts also ehgtble for payment of fees instead of actual constructzon, under Section 34-114(5) noted above Recomrne, datton/Reasoran~' Staffreeommends approval ora parttal variance from the stdewalk requirement The standard szdewalk would cost approximately $5,000 to construct along the frontage of th~s development Based on the $1150 per lot that ~s a typxeal cost to construct a s~dewalk along the frontage of a Sxngle Family (SF-7) lot m the C~ty of Denton, staff proposes that the appheant pays $1150 for the reqmred stdewalk tmprovements PRIOR ACTION/REVIEW ¢Council. Boards. Commissions) The Planmng and Zomng Commtsston recommended dental (5-2) of a parttal variance of Section 34-114(5), coneemxng exxstmg perimeter street, of the Code of Ordinances on April 12, 2000 The Planmng and Zomng Commission recommended demal (4-3) of a variance of Scctzon 34- 114(17), coneemzng sxdewalks, of the Code of Ordinances on April 12, 2000 FISCAL INFORMATION None 1 Planmng and Zoning Commxss~on Reports, April 12, 2000, V-00-005 2 Planmng and Zomng Commtsston minutes from April 12, 2000 3 Applicant's letter to Mayor and CoBncll Re~ect fully subm~tted_.-~. Douglas S~ Powell, AIC~P Dtrector of Planmng and Development Prepared by Beth Hudson Planner I ( ( r~'pott doc 2. Agenda No Oo- (D ~; ATTACHMENT 1 Agendaltem ~. (:;',, .~,. _ Memo To Plarmmg and Zoning Commasmon ~ ~ From Dawd Salmon, P E Engineering Admnustrato~(.~2~'~ Date 04/04/00 Re Penmeter Paving & Sidewalk Vanances for T&T Nelson Adchtlon Tom and Teresa Nelson, owners of the proposed T&T Nelson Addmon located on the east side of Rmey Road between Hwy 77 and Windsor Drive have apphed for variances of section 34-114, (5) and (17) of the Code of Ordxnances concerning penmeter pawng and sidewalks The subject secUons of the ordinance reqmre that Rmey Road be nupmved along the frontage of the development and that sidewalks be constructed along the same frontage, as the road is not currently constructed to City standards and there is no sadewalk at that location The appheants are proposing to plat the subject tract, wluch was mcluded m the General Development Plan, for the Cundall Addition approved m 1995 They propose to build a single family home on the lot The apphcants pmpose no street or sidewalk unprovements on Rmey Road The applicants base the reason for the vanance request on the large cost for the sub3ect improvements based on the size and proposed use of the lot Letters from the apphcants are also enclosed The Comnnssion may recommend that ti'ns exactaon variance be approved by the City Council if the following cntenon as met (b) Criteria for variances finm development exactlon's Where the conumsslon finds that the wnpomtaon of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so exeesmve as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council Wmver of developmental exactions shall be approved by the City Councal The price the applicants prod for the parcel, or the cost of the proposed bmldlng nnprovements is not a factor m determining reasonable costs The question is, are the costs associated with the pubhc unprovement reasonable and consistent with the type of development proposed and the demand for serwces that will be created~ The reqtured paving maprovements would cost the applicants approxunately $22,000 and sidewalk nnprovements approxnuately $5000 by staff's estmaates The average cost of street nuprovements per single famaly lot m Denton is $5,400 and sidewalks $1150 Based on flus, staff recommends that the developer pay the City of Denton $6550 toward anprovements on Rmey Road It should be noted that Rmey Road north of tlus tract wall be reconstructed through the Capxtal Improvements Program wath the w~denmg of Hwy 77 m the near future Section 34-114(5) allows for the payment of fees instead of actual constmctxon ~f the street ~s scheduled to be reconstructed wtthm two years through the Capital Improvements Program In tlus case, the payment of fees ~tself does not reqmre a variance, only the amount of the fees The payment instead of constmctton would be used m conjunction w~th the City's CIP funding to extend the ~mprovcments that are currently planned Recommended Motions: I move that we recommend to the Qty Council that a pamal variance of section 34-114 (5) be grantedl for the T&T Nelson Adcht~on for perimeter paving as recommended by staff as the full amount of the ~mprovements would exceed reasonable benefit I movelthat we recommend to the Ctty Council that a part~al variance of sectmn 34-114 (17) be granted for the T&T Nelson Addition for s~dewalks as recommended by staff as the full amount of the tmpmvements would exceed reasonable benefit · Page 2 Northlake Park ~ ~ ~. Sits Map 200 0 200 Feet Northlake Park Area 5 AmmAc~M~m 2 AgendaNo ~ Agenda Item ~' / ' Date ,~'" / ~ - oO MINUTES PLANNING AND ZONING COMMISSION April t2, 2000 Regular meeting of the Planning and Zoning Commission of the C~ty of Denton, Texas was held on Wednesday, Apn112, 2000, and began at 6 00 p m ~n the C~ty Council Chambers at C~ty Hall, 215 E McKinney Commissioners Present J~m Engelbrecht, Elizabeth Gourd~e, Salty R~shel, Susan Apple, Rudy Moreno, Perry McNe~ll and Carl Williams Staff Present Douglas Powell, D~rector of Planning and Development, Ed Snyder, Assistant C~ty Attorney, Larry Re~chhart, Assistant D~rector of Planning, Thomas Gray, Planner I, Deborah V~era, Planner I, P S Aurora, Engineering Administrator, and Dawd Salmon, Engineering Admlmstrator 1 Consider approval of the minutes of the meebngs of a March 2, 2000 Motion by Perry McNelll and seconded by Salty R~shel to approve m~nutes *D~scuss~on of item Is included ~n Court Reporter's transcript attached to th~s set of m~nutes (Page 1) Mohon carries 7-0 b March 8, 2000 Mobon by Susan Apple and seconded by Salty R~shel to approve minutes *Dmcusmon of item is Included In Court Reporter's transcript attached to th~s set of minutes (Page 1) Mobon carries 7-0 CONSENT AGENDA The following items are recommended by Staff and approval thereof w~ll be strictly on the basis of Staff recommendabon Approval of the Consent Agenda authorizes the Staff to proceed w~th each item ~n accordance with the C~ty of Denton Code of Ordinances The Planmng and Zomng Commission has received background Informabon and has had an opportunity to raise questions regarding these ~tems prior to consideration 2 Consider approval of the F~nal Plat of Lots 5-26, Block A, Lot 27-X. Block A, and Lots 1-15, Block B of Robson Ranch 1 Phase 1 The 11 282 acre s;te ~s generally located north of Robson Ranch Road (formerly Crawford Road) between Florence Road and Interstate 35W The property is in the Planned Development 173 (PD-173) zoning d~stnct The Intent is to develop 35 model single family homes and an ~nformahon center (FP-00~32. Robson Ranch 1 Phase 1, Thomas B Gray) 3 Consider approval of the Final Plat of Lot l-X, Block A of Ed Robson Boulevard The 8 999 acre site is generally located north of Robson Ranch Road (formerly Crawford Road) between Florence Road and Interstate 35W The property ~s m the Planned Development Planmng and Zomng Commission Minutes April 12, ?-000 Page 2 of~4 173 (PD-173) zoning d~stnct The intent Is to construct a north-south spree road for the Robson Ranch development (FP-00-33, Ed Robson Boulevard, Thomas B Gray) 4 Consider approval of the Prehm~nary Plat of Robson Ranch 1 Phase 2 The 56 789 acre s~te ~s generally located north of Robson Ranch Road (formerly Crawford Road) between Florence Road and Interstate 35W The property ~s m the Planned Development 173 (PD- 173) zoning d~strlct The Intent is to develop 190 single family homes (PP-00-34, Robson Ranch 1 Phase 2, Thomas B Gray) 5 Consider approval of the Final Plat of Block 1, Lot 1 of the Robson Ranch Water Reclamatmn Plant The 2 9338 acre s~te ~s located on Florence Road, north of Crawford Road and east of 1-35W The property is ~n a PD-173 zoning d~stnct A water reclamation plant Is proposed (FP-00-042, Robson Ranch Water Reclamabon Plant, Beth Hudson) 6 Consider approval of the Prahmmary Plat of Lots 1 and 2, Block A, and the F~nal Plat of Lot 1, BlOck A, of the Business Park on Teasley Lane The 1 84 acre s~te ~s located on the east s~de of Teasley Lane (FM 2181) about 500 feet south of Bentoaks Drive The property ~s ~n an Office Conditioned (O[c]) zoning d~stnct The ~ntent ~s to develop a veterinary chn~c (PFP-99-141, Business Park on Teasley Lane, Thomas B Gray) 7 Consider approval of the Pral~minary Plat of North Po~nte The 159 397 acre s~te ~s generelly located between North Elm St (US 77) and Loop 288 roughly 1500 feet west of North Locust (FM 2164) The property is ~n the Planned Development 120 (PD-120) zomng d~stnct The Intent ~s to develop a resldenbal subd~wsion of 454 s~ngle~famlly homes (PP- 99-150, North Po~nte, Thomas B Gray) 8 Consider approval of the Amending Plat of the R~ver Oaks Addition Phase One The 59 937 acre s~te is located at the southeast corner of the ~ntersect~on of Montec~to and H~ckory Creek Roads The property is ~n a SF-7 zoning d~stnct The amending plat ~s ~ntended to correct scnvener errors on the onglnal plat (AP-00-40, R~ver Oaks Addition Phase One, Mike Grace) Motion by Susan Apple and seconded by Perry McNe~ll to approve consent agenda w~th additional Information added by staff *D~scuss~on of ~tem ~s included in Court Reporter's transcnpt attached to th~s set of m~nutes (Page 1) Motion carries 7-0 ITEMS FOR INDIVIDUAL CONSIDERATION 9 T&T Nelson Addition The 5 014 acre s~te Is located on R~ney Road, north of Windsor It ~s in an Agncultural zoning d~stnct A Single Family residence ~s proposed a Consider a vanance from Section 34-114(5)b of the Code of Ordinances, concerning improvement to ex,sting perimeter streets (V-00-005, T&T Nelson Addition, David Salmon) Motion by Perry McNeill and seconded by Jim Engelbrecht to recommend a part~al vanance Planmng and Zoning Commission Minutes April 12, 2000 Page 3 of 4 *Discussion of item is included in Court Reporter's transcript attached to th~s set of m~nutes (Page 3) Motion denied 2-5 Susan Apple, Elizabeth Gourdie, Carl Williams, Salty Rlshel and Rudy Moreno opposed Motion by Ehzabeth Gourd~e and seconded by Jim Engelbrecht to recommend a part~al variance *D~scusslon of item is included ~n Court Reporter's transcript attached to th~s set of m~nutes (Page 3) Motion denied 2-5 Carl Wilhams, Susan Apple, Salty R~shel, Rudy Moreno and Perry McNe~ll opposed b Consider a variance from Section 34-114(17) of the Code of Ordinances, concermng s~dewalks (V-00-005, T&T Nelson Addition, David Salmon) Motion by Susan Apple and seconded by Carl Williams to deny *D~scussion of item Is included in Court Reporter's transcnpt attached to this set of m~nutes (Page 3) Motion carries 7-0 c Consider a vanance from Section 34-118(f) of the Code of Ordinances, concermng extension of wastewater hne (V-00-005, T&T Nelson Addlbon, P S Arora) Motion by Elizabeth Gourd~e and seconded by Perry McNe~ll to deny *D~scuss~on of Item Is included in Court Reporter's transcnpt attached to th~s set of m~nutes (Page 3) Motion carries 7-0 d Consider approval of the Preliminary Plat of Lot 1, Block A of the T&T Nelson Addition (PP-00-019, T&T Nelson, Beth Hudson) Motion by Ehzabeth Gourdle and seconded by Perry McNelll to approve *D~scusslon of item is included ~n Court Reporter's transcript attached to this set of minutes (Page 3) Motion carries 7-0 PUBLIC HEARING - REPLATS 10 Hold a pubhc heanng and consider approval of the Preliminary Plat and F~nal Plat of Lot 1, Block A of the Hall Lewis Addition, being a replat of Lots 1 & 2, Block I and all of Lot 1 and Part of Lot 2, Block 2, Baines Addition, and all of Lots 1 & 2, Block 12, Original Town of Denton The 1 98 acre s~te is located at the southwest corner of the ~ntersect~on of Cedar and Hickory Streets The property is in a Central Business (CB) zoning d~stnct (PFR-99- 103, iHall-Lewis Addition, Mike Grace) Motion by Salty Rishel and seconded by Susan Apple to approve *Discussion of item Is included in Court Reporter's transcnpt attached to th~s set of minutes (Page 64). Motion carries 7-0 Planmng end Zomng Commission M~nutes April 12, 2000 Page 4 of 4 BRIEFING 11 Receive a briefing from staff regarding the S~te Design Standards for the new Development Code *D~scuss~on of ~tem ~s included in Court Reporter's transcnpt attached to this set of m~nutes (Page 65) DIRECTOR'S REPORT 12 Council Action *D~scussion of ~tem is included in Court Reporter's transcnpt attached to th~s set of minutes (Page 75) 13 Future Agenda Items *D~scussmn of ~tem is included ~n Court Reporter's transcnpt attached to th~s set of m~nutes (Page 75) Cond~nseItTM Page 3 I PROCEEDINOS MIC MCNEILL Second 2 MR. ENOELERECHT Good evening, ladies and 2 MR. ENGELBRECHT It's been moved and seconded 3 gentlemen At this time, I'd Eke to call to order the 3 to approve with additional reformation by staff Any 4 regular meeting of the Planning and Zoning Commtsswn for 4 dtscussron? We're all sure on No 8? Okay In that 5 tbe City of Denton, Texas, for tlus April the 12th~ 2000 5 case, vote, please Motion oames unantmously 6 First item on tho A~anda thts evanmg is to 6 That will move us to Agenda Item No 9 which ? consider approval of the minutes of March 2, 2000 Any ? is an iran for mdtvidoal consideration 'l'hare are B corrections, additions, deletions, comments, or a motion? i actually three parts I vail read all thase and I behove 9 MR. MCNE!LL. MOVe approval 9 wc can get a staff report on all of them, but wc vail need l0 MR. RISHEL Second l0 to vote individually 'flus is the T&T Nelson Addition 11 MR. BNOELBRECHT It's been moved and seconded 11 It's 5 014 acre site located on Pancy Road north of 12 to approve the minutes of March 2 Vote, please Motion 12 Windsor It's in an Agricultural zomng district A lB oarnas unanUnoualy 13 Smgle-Fenuly residence is proposed 14 We also have rmnutas from March $, 2000 Any 14 F~rst, we havc consideration for variance from 15 corrections or a motion? 15 Section 34-114(5)b of the Code of Ordmenees concerning 16 MS APPLE I move approval 16 unproveraent to existing perimeter streets Secondty, Item 17 MR. RISHEL second 17 B, is to consider a vananc~ from Section 34-114(l?) of 18 MR. BNGBLBRECHT It's been moved and seconded Il thc Code of Ordinances concerning sidewalks And then w~ 19 to approvc the nunutes of March $ Vote, please Motion 19 have consideration of a vanimce from Section 34-111/(f) of l0 carries unanimously 20 the Code of Ordinances concerning extension of waste water 21 We have a number of items on tho Consent 21 lines And, finally, wc havc consider approval of the 22 A~enda thts evening, No 2 through $ The following Items 22 prelmunary plat of Lot 1, Block A, of the T&T Nelson :23 are recommended by staff and approval thereof vail be :23 Addition And I behevc Mr Salmon is going to give us a :24 strictly on the basis of staff reconunendation Approval 24 staff report with regard to 9A and 9B, the peruneter 25 of the Consent AZ_ads ~vtharl°'es tho staff to proceed with :25 street and sidewalk variances Sir Page 2 Page 4 1 each item in accordance with the~ City of Denton Code of' ~ S^LMON thank you, Chair Oecd evening, :2 Ordmanee 2 Comnussioners Wc have a sidewalk and penmeler strut 3 The Planning and Zoning Comnusslon has 3 paving vanancc or variances thls evening lust for your 4 received background reformation and has had an opportunity 4 -- for thc location, you can se~ that th~ sl~ is on thc 5 to raise questions regarding these lt~ls prior to $ east side of lhncy Road bctwcen Windsor Dnvc and Hi,way 6 conslderahon I do understand there may be some interest 6 ?? Also, for your mformauon fins evening, I havc ? In postponing lqo $ Is that correct or am I In error 7 shown on the sl~ map thc proposed ahgament for Rmey :8 m that? Is there any discussten or a motion? 18 Road that will be constructed when Highway 77 ~s vodened 9 MR.RFACHHART ~xcuse me just a second I 9 throughtheCgy'sCapltallmprovementsPro~'am 10 JUSt wanted to point out on Item No 6 of tha Consent 10 Tho owners of the sublect property have 11 Agenda that under -- In the staff report under public I 1 apph~xl for the variance Tho Devclopment Code reqturcs 12 unproYemerits, it should have been noted that tilrn lanes 12 them to plat the site m order W bmld a home Andre 13 wouldberextutredattbeentranceaspart°fPhasoSf°r 13 ord~r to plat tha properly, thc rcquimuents arc that thcY 14 the secend and final plat And we just wanted to make the 14 install a s~d~walk and improve the road m front of the 15 Comnussloll aware of that 15 subjec! slt~ The apphcants have requesled thc variance 16 MR. ENGELBRECHT Okay That's on Item No 16 bas~l on th~ cos~ of tbe unprovemcnts, consid~mg that 17 6, pubhc improvements, turn lanes whom? 17 the lot ~s five acres and thay'ro only planning to bmld a 1:8 MR. REICBI-IAP. T That would be at the entrance 18 smgle-faimly home, which mak~ fins an exaction variance 19 of the proposed developm~t and that would be at the tune 19 An exaction variance ~s the typ~ of variance where you 20 they calll~ m with the final plat for Phase 2 20 would make a recommendation to the City Council 21 MR ENGELBRECHT Okay SO that would be 21 One of the finnis I'd hke to point out ~s 12 PubholmprovementNo 6onthathst Alia8ht Any 22 that the cost of the land and the cost of the home 23 questions? 23 generally don't have a lot to do vath whether or not you 24 MS APPLE 1'11 move to approve th~ Consent 24 need a particular pubhc improvement What wn would 25 Agenda with the additional reformation added by staff 25 cucoara~ you to look at ~s evemng Is whether or not PLANNING AND ZONING COMMISSION APRIL 12, 2000 1 2 Page 1 - Pag~ 4 Condens~ItTM Page Page 7 I the proposed risc gen~a-atea any need for th~ proposed 1 Mi~ SALMON We would deposit It into the 2 unpmvements, rather than loohng at thc cost of tho hod 2 account for that parhcular project and we would add to 3 or aha house We'vo e~tmmted that the required pawng 3 the project 4 maprovem~ts would cost approximately $22,000 00, tho 4 MR. MCNEILL which means ff the CI? approves 5 sidowL~k about $5,000 00, for a total of $27,000 00 5 that street, then that would go towards supporting 6 In this case, staff agrees that that would be 6 sxdewaiks on that street? 7 a v~'y ~ sum of money consid~mng ~ nflativdy low 7 MIL SALMON well, unfortunately, I don't 8 de,hand en fha pubho system erected by OhO home Aadso 8 recall right off thc top of my head whether we've got 9 we would recommend a part~al variance. Az v~ normally do 9 sulewalks programm~ rato this partwular project The 10 vath one house, we would recommend that aha devcloger pay 10 proJect ~s d~lgned to go from this poma where lhney Road 11 abe City $6,550 00 toward hnpmvementa that would be made 11 currently bends to tho west and make a new connection to 12 enRaneyRoad Tha money would ha used to extead to some 12 77 I can't answer for you whether or not tlus project 13 ex~nt aha already proposed project that vnll occur just 13 vail include s~dewaiks It vail sometunas ro¢lude 14 to then' north 14 stdswulks on one side of the street with our road 15 Also, I should note m tins particular case, 15 projects, which may be the case here, although, I don't 16 because we do havo fl~ cai' proJect vathn lbo n~xt two 16 know that as a fact 17 yenrs, we do hav~ the opuon of tahoe thos~ fees in beu 17 But at any rate, what we're proposing Is that 18 of construction If we (hdn't have a project in abe 18 rather than requmng a full sidewalk paving m front of 19 vanes, so to speak, that would not ha an option for ua 19 the lot, that we simply get that money that would normally 20 So m this case, I think we'ro fortunate that we do haw 20 be associated vath the cost of a single-firmly home that 21 that op~on available to us 21 anybody would -- that any developer would probably pay m 22 I provided a couple of motions for you that 22 order to rostall streets and mdewa[ks for one house, and 23 you can use Susa a hl~le bit more backgroand 23 we add that to an existing account that vail be used to 24 raformauon befovv I completely forget about it, tbs 24 rebuild this portion of Rmey Road And then passably put 25 pameular tract of land was part of a larger pared that 25 sidewalks tn, although, I don't know the answer to that Page 6 Pig 1 wa saw back ro, Ithmk, 1995 Itughhghtedltbutit 1 ~naMa~tL 8olfudce~mcludcmdewalks, 2 d~dn't show up purt~¢ularly well, but the original tract 2 g would be m a potion of the strent which does not abut 3 included what as now the Cundoll Addition, wluch is down 3 then' property? 4 hereentha$outhend, and rocludad the sate end tt aiso 4 MP~S^~.MON xhat'snght Then'propeaty, I 5 included land up here adj scent to I-hghwny 377 5 behove, cornea a httl~ bit short of where our project 6 And at the time, the Cundall firmly had 6 vall end And what wc would propose is that, if we get 7 purchased the land on the south end and had to do a 7 the adihtioenl money, that we would extend aha project a 8 general development plan of the entire property tn order 8 httle bit further to the south ~ road cost probably 9 to plat just the~r part that they bought, whleh left the 9 ls m tha range of about $100 00 a hnear -- 10 rest of the property tn sort of a -- well, ltwastna 10 t~n. Ma,~aLC ff that piec~us developed to 11 general development plan, but not platted 11 the north there of tl~s property, vnll the penplo who 12 So now we*va moved along further end now we 12 d~veloped that then, th~ would have to put in sidewalks 13 have someone who has purchased tlus portion of the general 13 or ~mprevcments in that street 14 development plan and vashes to plat just that portion 14 MI~ SALMOI~ mght Whoowr dovclops this 15 The marn tlung I was trytng to fllustrat~ ts tlus piece of 15 tract vail eventually have to make sidewalk lmprow'ments 16 property was actuaily part of what was once a larger 16 And dely~'n&a8 on what thaY do the~, Pussibly some sm:ct 17 single tract 17 maprevements Without knovan8 what would be developed 18 I'll be glad to answer any questions that you 18 tlxa~, I can't tell you ~xactly what would be reqtm~i 19 rmghthave Ibehevetheapphcantlsbere, aswell, and 19 MP. Ma~ZLL where did wo com~ up vath the 20 vail probably want to address the Comnusstnn 20 $6,500 007 Wher~ thd that number come from? 21 MR ENGELBRECHT Commissioners -- Mr 21 MR. SALMON We dui a study some Rme ago 22 McNeil1 22 based, at ]east, at th~ umo on an averago subchvlsion In 23 MR. MCNEILL Let me ask a question I dldn*t 23 Denton, the average lot size was about 10,000 squa~ feet 24 quite understand what -- ~f the apphcant pays thc 24 and we caloulated based on some d~velopmants that had aom~ 25 $6,$00 00, what will tho City do with that? 25 through ~ plathng process of how much six,et frentago PLANNING AND ZONING COMMISSION APRH 1~2, 12000 Page 5 - Page 13 I Page 9 Page 11 each lot had At~d then calculated how rauoh it cost to I logic I guess my concern Is I'm on tins campaign of budd the street m front of that one lot 2 wanting to get sidewalks m especially when we're near MR. MCNBILL Thank you 3 park areas and other areas we're trying to connect to MR ENOELBRBCHT Mr Pashel 4 And I'm lust trymg to see a way t°, at least, ~:comm°date MR. RISHEL Mr Salmon, I'm not qmte sure 5 the sidewalk portion of tbs appropriately with regard to and I know we have been through tbs before, of the 6 the street frontage that's being taken up that would $6,550 00 that you have tried to allot for improvements 7 typically be taken up by multiple lots that nught be m 8 that would be appropnate there, as we look at tho stzo of 8 that same ti'nng So I'm trymg to dcvelop somc sort of a 9 a lot and compare that -- I mean, I can caC. am].y 9 formula that would allow us to say, well, this will 10 understand the overall volume of the property that we're 10 represent four houses or five houses of a sidewalk and at I loolang at here, I'm just wondering if we, as we 11 least get them to pay for the appropriate sidewalk that 12 appropriate dollar cost to things, if -- as we see 12 would be there, even though the trips per house is 13 something as a smgle-farndy lot as opposed to this 13 eartamly the lagtcal argument on why we generate that for 4 particular situation with just one house on one lot, has 14 road usage in development 5 there ever been thought to appropriating the cost that 15 MR SALMON well, for mstanee, if you look 16 would be proportionate to what the appropriate street 16 at our cost asmnates, we've got $6,5:50 00 for sidewalk 17 frontage for a typical house would be? 17 and road based on a typical home But m fins ease, I 18 And I ~ay that because this looks to me hko 18 thnk it would be well within your purview to, you know, 19 ~t wonld be more hke four or five heuses of l00 or lS0 19 requ~re the $5,000 00 sldewalk and mayhe not the street 20 foot across tho front that so many of the houses in this 20 maprovements The motions we've given you are just staff 21 Lmmeahataarenlookhke SoheStharoevorbeena 21 suggestions You can make a different motion or change 22 situation whore we've taken it and as opposed to just 22 the amount of money or require the whole thing or maybe 23 allotting it to one house to allotting It to what would he 23 you'd require the sidewalk and not the street or something 24 the typical street aecossthflity that would -- even though 24 else 25 ~=L~'s one hollee, that would be proporttonata to that 25 MR RISHEL WC have two neighborhoods we're Page 10 Page 12 1 typ~ of neighborhood? trying to connect here eventually There's approxmmtely 2 MR. SAbMON W©II~ the way we've looked at it 2 200 homes In the naighborhood to the south of this 3 ~s that whether your house is on s 7,000 square foot lot 3 proposed development There's approxLmately 20 homes m 4 or a five-acre lot, it will generally generate tho sam~ 4 thc area just north to that m the developing area And 5 amount of traffic So rather than look at antual staler 5 I'm lust trying to find a way to tie that together with a 6 frontages, we tnk~ a look at how many hying units m on 6 walkable -- and Lrmnedlately across the street from where 7 the prop~-ty and based on tho numhar of hying umts, 7 this propexty is, there's a park, which would eertamly 8 thert:'s an assigned value of tho number of traffic trips 8 seem to be -- having sidewalks somawhare m that area 9 typ:cally associated with that. And so for a 9 would be useful for us 10 smglo-fanuly home, regardless of th~ lot size, you 10 MR. SALMON And I agree that, you know, 11 generally have about nme-and-a-half vehcle trips i~' day 11 that's probably a reasonable option You know, even 12 en av~ago and that comes out of tha rrl~ Trip O~serattons 12 loo1ang at It from a staff pa~specttve, nught be to 13 Handbook 13 requLre the sidewalk and maybe not thc street That n~ght 14 So what w~ prefer to do as staff is to take a 14 be eqmtable That's just something you have to decide 1S look at the number of traffic trips and apply that amount 15 I mean, It would certainly be within your -- 16 of mon~y to that amount of tfaffic t~tps So that way tf 16 MR.RISHEL Can you tell me the amount of 17 we have someone that comes in w~th a doplas or mayb~ 17 dollars that Is typical for a lot or street improvements 18 someone that comes in with aparl:nants, v~ can say, well, 18 -- of the typical house, what is the lineal footage 19 typically, a home with nice-and-a-half traffic trips 19 requLrement for sidewalks by themselves? 20 senerates tho need for $6,500 00 worth of steer and 20 MR. SALMON okay For an average home m 21 sidewalk impr~vem~nt.s So if we have an apartment complex 21 Denton, a subdivision, you'l~ looking at about $1,150 00 22 with s~x units,~you know, we can calculate what v~ think a 22 for sidewalks, for a normal SI: 10 lot 23 fa~rvalu~wouldhahasedenthanumbaroflraffic~ps 23 MR RISHEL lak¢ lf we have four or five of 24 ! don't know if that dn'ectly ausw~s -- 24 those? 25 MI~ -i-..a,- It sounds like it ,~,I~ good 25 MR. SALMON Paght Probably -- yeah, that's Page 9 - Page PLANNING AND ZONING COMMISSION APRIL 12, 2000 14. CondcnscltTM Page 13 Page 15 I about right, ab6ut four or so I because the street is going to have a break point and it's 2 MR. IUSHBL what Is thc formula for the 2 going to flow to thc north at soma point 3 street unprovements? 3 MS C.,OURDIE okay My next question would 4 MR. SALMON The struts would be, I thmk, it 4 be, would tins be a future cIP project that w~'d have to 5 comes up to about $5,400 00 on the average 5 do down the road? Because it's -- the whole purpose was 6 MR. mStmL Okny Thank you 6 to create another outlet to 377 7 MR ~,tOELI~RECHT MS Gourd~e 7 MR. SALMON Pdght I would unagme that at 8 MS C, OUP~IE Thank you I would hke to know 8 some point tf these unprovcracnts m'~ not made through 9 the road m front of the sito, is that already unproved? 9 dav¢lopment, the City vnll cventoally have to btuld it 10 MR SALMON well, when the YMCA built back, 10 with Capital Improvement Program money I1 andlthmkitwasmthalate'80s, thsyd~dcurband 11 MS GOURDIE ?hankyou 12 guttar and mburlt thetr half of the read at that tune, 12 MR-ENGELBRECHT Mr Moreno 13 wbachgoospmt~yrauohalltbewsyfromWmdsorjustto 13 MI~ MOP. ENO ?hankyou, Mr Chairman Letm¢ 14 thenorthofthesubjsotproperty, but it's all on the 14 understand, Mr $almon, the YMCA tmproved thctr half of 15 west side, whtah left the ~t side with no corb and 15 the road when they developed that property? 16 gutter Sothew~ststdeofthcroedrslt'sconstructed 16 MR.SALMON That'scotTect 17 to city standards and they would be adthng to that 17 MR. MOP. ENO That entire stretch along the 18 existing pave~nent and expantkng it on to tl~r rode with18 west side? 19 the curb and gutter And that's what the reztmmm~nts 19 MR. SALMON That's correct 20 would be m our Coda 20 MR. MOP. ENO What thd that cost? 21 MS OOURDII~ So thsy'm aslang for miff 21 MR. SALMON wall, I don't recall I mean, at 22 from that? 22 the tune and that was well over ten years ago, I don't 23 MR SALMON That's correct 23 know what it cost them to do that 24 MS c~OUitDm so the road would remam as w~ 24 MR. MORENO But now we're auggestmg that 25 sca it now? 25 wa'm gomg to treat tlms half (hfferently than what we Page 14 Page ' 1 MR- SALMON correct. Right I treated the YMCA and not require that half of tl~ rood be 2 MS OOURDIE And when the cw proposal con~s 2 built? 3 forward, it wll only go to that certam point so w~tll 3 MR. SALMON well, the ordmance reqmrement 4 have unproved wads to th~ north of the sit~ and south --4 is they build their half And what we're saymg is based $ MR. SALMON mght And half of an unproved 5 on thc traffic that's generated by a smgle-fmmly home ti road down to thts pomt 6 compared to what -- of course, when the YMCA was conung 7 MS C, OURDI£ And so what land of dramage 7 in, you know, the YMCA was =- obviously, was a very 8 problems does that erent~ once we got curb and gutter on8 intense use You may recall that when they were Ol~n, 9 both sides whco it comes to one side and the water 9 especially on Saturday mornings and when they had ball 10 channels mia a dirt easement versus a curb and gutter? 10 games going on, thrs was a very, very busy street They 11 MR. SALMON well, loolang at tbe contours, it 11 generated a lot of traffio And so we felt at th~ tune 12 has a pretty good slop~ to the south wben you gat down in 12 that becaus~ of all the traffic tbey w(:re generatmg, they 13 tlus area wber~ the road Is unapproved But it appears to13 needed to build their half of the wad I mean, it was 14 me by loolang at the contours, the~)s a hgh pomt m the 14 well -- we felt it was warranted 15 road somewher~ right about m tins area just north of tho15 In th~s case, rather than hundreds of trips I ti curb And then from that point, it just breaks and fails lti p~r day like you had over at the YMCA, you only have 17 back towards 377 SoIdonttthmkthattheconstwctlon 17 mne-and-a-halftnpsaday So trymg to put some -- I 18 of the ourb and gutter on the north end would have a vary 18 guess trymg to look at it eqmtably, you know, I guess 19 large affsot on it 19 staff would behcve that it probably lsn't eqtntable to 20 I tlunk if tha entire tlung drains back to tha 20 mal~ someone who generates moo trips a day to pay almost 21 south, you know, them could possibly be a probktn with 21 as much money to fix the wad as the YMCA thd that 22 water cormng down the curb and gutter and then httmg an 22 generated hundreds of trips l~r day 23 area that d~dn't have curb and gutter But lcohng at 23 MR. MORENO Thank you That's very helpful 24 the contours, I sense that the amount of water that vail24 MR. ENG£LBRECHT Other qu~t~ons? There is 25 be coming down flus curb lma will be rdaUvely unnunal 25 not a sidewalk along that eastern edge of the YMCA - PLANNING AND ZONING COMMISSION APRIL 12, 2000 Page 13 - Page 16 15 Page 17 Page 19! 1 MP~ SAt.MOI~ yeah, I behevo them xs I ~ ~o~[~ ~ ~ ~, ~v~ ~h you 2 ~heve ~*s st~ ~ ~ ~C~ 2 ~ow, ~t's ass~c ~s pass~ ~m~ ~t wo~ m 3 MR ENOE~C~ Y~, I W~ ~ ~ 3 ~S~ say ~ ~S m~wd~l d~ not ~vc ~ put 4 t~ 4 c~b and ~ on ~ ~st side of ~n~ R~d whc~ m 5 M~ S~ON ~d wo do ~vo std~ a~ ~ fi ~scn~, m~ns ~t won't ~t done ~al ~ C~ d~ 6 way ~ong Wm~r 6 ~ ~ ~vo any ~ng ~t wo~d s~ow ~ ~ go ~d and ? M~ ~OB~c~ ~t ~d I w~ ~ ~c 7 do ~h ~ ~ somo ~ng so~ ~ do ~t as wc'~ 8 ~pt~on ~t ~c new ~tton ~ to have std~ I 8 doing ~ ~t of ~s r~d so ~t ~ ~mplc~ ~t 9 ~ou~t" 9 ~ p~ of r~d? 10 MR SA~ON itve~wcllmay Wo'~had~c 10 ~SAt~O~ l~h~c, and l don't ~vo my 11 proJ~ ~at havc not mclu~ stdc~ ~d so~ ~at 11 aP s~t ~ mc, but I ~hcvc ~'s mon~ m 12 haw and I d~'t ~ whc~ ~s p~c~ one d~ 12 c~nt aP for ~scc~an~us s~ ~prov~cn~, as 13 ornot, butttv~wcll~uld Im~,tn~of 13 ~ i~t~mon~for~st~s 14 w~ wc would build st~s ~ ~ cie prol~h I 14 a~dy ~n a~a~ So I'm not ~n ~ wo~d bc 15 ~n't~lw~tw~p~of~proJ~tOf lfi ablc~c~tway I~my~so~ 16 st~s 16 mon~ m ~ cle a f~ ~s out ~at co~d ~ ~ my~ 17 MR ~GE~C~ HOWlSlt~twh~d 17 ~fimsh~tupff~had~do~t But I'm not s~ 18 ~s, ~ ~t mclu~ ~o mst of ~noy m ~at ~e? 18 ~t ~ co~d ~ it ~ commdc ~ ~ cons~cflon of 19 Was ~t ~ ~t ~s is s~ply a n~ ~ ~d wc 19 ~s no~ cnd 20 fcltl~c~wlopm~twoffid~ofpu~ec~b 20 ~oe[~ okay ~t I~vca 21 ~d ~ on ~c ~t st~ of ~cy? Il qu~aon for l~al ~ 12 M~ ~ON well, I ~ly ~ it w~ mo~ 22 ~ a way ~ ho ~s m~wd~l's $5,600 00 or w~ 13 of a func~on b~k w~ we w~ pu~ng t~e~ -- ~s 23 ~t ~s ~ so~ ass~an~ ~at ~at c~b and 24 ~ out of O~ prewom bond pacco ~ ~po~ to ~e 24 ~ ~t put m ~ in ~ n~l couplo of ~? 25 one ~at ~,j~ fund~ 25 m s~om we~, I don't ~ how you coffid Page 18 Page 20 I M~ ENOE~ ~t do ~t ~ause ~s pro~ o~ is going ~ 8o ~d 2 M~ SALMON At ~e ~, WO ~ ~t Hi.way 2 and dovelop ~ ~t n~t? 3 77 ~ gore8 ~ ~ ~d~ ~ ~l~ly, ~ ~11 3 m SALMON m~t ~ I ~d~sand 4 s~ply put ink. Boris whoffi ~o ~sfl~ iu~Bons 4 costly, ~'m going ~ braid a smg~f~ly 5 ~ Soun~ss~Ctws~psout~dfi~s~ 5 ~S~D~Y~ Idon'ts~how~tco~d 6 ~t probl~, ob~o~ly, ~s ~s a vc~ ~ 6 ~ done ~ you put ~t con~Uon m ~ ~'~ ? mtcr~t~on, not p~lc~ly ~fc, ~d ~ ~'t want ~t ? go~ m ~o ~d and a~dy d~elop it and 8 ~at way 8 ~y ~d ~ wo~'t bca m~bamsm 9 ~ Ct~ ac~ally propo~ ~s new ~t 9 ~ C~ &~'t ~prov~ ~e r~d and ~ ~ do it at a 10 for ~ney Ro~ And m order for ~ Sm~ ~ do ~ we 10 ~ ~ If ~at'8 what you'~ sa~ng 12 mealy put ~O~ ~n~ng m ~ ~e s~ ~t we got ~s 12 m ~ ~o mon~ ~aus~ of ~s son of 13 r~l~t m t~e for ~e ~way 77 ~ so ~at 13 ~k 14 ~ sm~ would bmld a f~l m~c~ou ~ m~ 14 ~ S~D~ m~t 15 ~an budd ~t over ~re whe~ we don't ~t ~t 1 ~ ~ ~OELe~T ~d, basica~y, 16 MR ~GE~C~ O~y DO~S~Ve~ 16 ~ork~'~nsab°utlsac~Yn~°f~s 17 sidewa~f~d? We~vefun~for"I~lt~s~u~ 17 pwp~ Sols~so~sonwocan'tsay, fflt's 18 s~t~ for s~d~a~ 18 19 M~ SA~ON ~ ~t We ~ve -- 19 back? 20 MR~GELB~ solf~snot f~&ngm 20 ~s~ oh,~Cl~s~ve~e 21 ~e, we ~uld 8et ~t in ~e~ post h~ 21 mon~ back, but ~'~ not sa~n~ ~e ~ bmld ~ road? 22 ~ S~ON Y~ We have ~ 22 O~ okay 23 s~dewa~ mon~ ~d ~v~ y~s of a c~t cIP ~d 23 ~ ~O~LB~T we'~ s~ply sa~ng ~t 24 I,m~t~tmon~uld~form~w~ 24 wo~d~mon~,butifyoudon't~itm~o~s, 25 ff~t's~y~pw~t 25 ~co~d~mon~back ~'ssome P~e 17 - Pag~ {0 PLA~O A~ ZO~O CO~SSION ~ 12, 2000 Condens~ItTM Pas8 21 , th Page 23 I incentive foi~ the C~ty to come in there and finish that In that area I tlnnk, ff I m not nustakee, ere 2 up, winch It seems to m~ ought to b~ done anyway 2 probably isn't a house built on that area for qmte some 3 MR. SNYDER I thlllk you could make that a 3 tune, but there are several l~ople that live on that 4 cundttion 4 strut, on the north cod of Rmey Road I'm.lust 5 MR SALMON We would collect th¢ money and 5 wondenng how the rest of tho development of that piece o, 6 put It m some kind of account and hold tt for two years 6 property ties m and what their road is going to look like ? MR. ENOEI.BRECHT Ultimately, it could bo ? ten or 15 years from now as we contmu~ to build around $ apphe, d to that -- whatover project, as part of that whole 8 that area and whether or not w~'re gmng to find a way to 9 project 9 get sidewalks m there or what's going to happen to those 10 MR. SALMON And, hopefully, botweee now and 10 neighbors 1 thee uso it to build the street 11 MIL SALMON The geeeral dcvalopmeet plan that 12 MR. ENOBLBKECHT TO finish off the curb and 12 was approved m 199.5 fairly accurately shows what our 13 gutter on that aide and et eatera and so on Theekyou 13 mteetmn is m terms of the road, anyway Of course, 14 Mr Wzl. llams, you have a questtee? 14 we're straightening tip Piney Road and having it intersect 15 MR WILLIAMS Yes Everybody has asked some Ii; Deena Dnve across the inghway where we can get a botter 16 of thc same questions I've asked and the answers are m 16 mters~tten geometry And the proposal Is to, sLmply, 17 tho CIP while we're dehberutmg, would you. mind going 1 ? take this existing portion of Piney Road and cul-de-sac 18 and going tbo CI? and reviewing that so that wo can vote 18 that -- we had neighborhood m~tmgs and all the folks out 19 kind of mtelhgeetly? 19 there that hve out there and own property, they are aware 20 MR. SALMON short of running hack to City 20 of the project None of this at tins point is a surprise 21 HallWest, ldon'tknowwheroI'llgetaCl? Doug, do 21 totheem They already know about it 22 you have any idea? Which we can do I mean, we can eom 22 I don't believe we're planning -- I can 23 baok to tiaa Item and mayb~ we can -- 2:3 dofimtely tell you we're not planning to install 24 MR SNYDER DO some other variee~ relluasts 24 sidgwalks on the etll-de-sao with our CIP project And I 2!; hare 25 would assume that as property redevelops or replats that Page 22 Page ' I MlCaALIVlON Right Ifthat'sparamoant,I I thutsidewalk,,vouldberequirexiatthatttme Orifw¢ 2 m~an, that'scotaproblcm I'lllustgohaokoverte 2 getanyadditlonalhom~smthearca, they'd have stdewatk 3 City Hall West It would take me about t~n nueetes and 3 requtremeets 4 maylm we can cover the otlm' variance while I'm doing that 4 MR RISI-IEL I don't know what has transpired 5 :f that's appropriate 5 before I came on-board, If there's b~n other houses that 6 ~ WILI. IAMS It's paramount for mo 6 w¢ hays set as~d~ money for sidewalks and thee we haven't 7 MILI~tOELBREL-~IT okay We do have a request 7 dehveredmthls,,X,,aniountofl~nodoftm~ I just 8 ~aS. iUSnEL It's nut paramoant for m¢ 8 want to make sure sometlung happens I just weet to make 9 lyre lt~OELnRECnT That'sfine Ifthere:sa 9 sure that we, asaClty, have met our obhgatlons to the 10 ~:qu~st for that, we'll ask you to go - someone from 10 neighbors 11 staff to go baok and g~t a ¢opy of thai Wecangoun 11 MR. ENGELBRECHT Anyoth~'quastlonsfor¥1r 12 with other parts of the lmmng while that's going on 12 Salmon? Is there another representative hece? 13 ~ WILLIAMS Thank you 13 MIL SALMON Well, I'm going to run and get 14 Ma. ENo,q. Bancmrr we do have some other 14 that CIP handout 15 qu~stionsf'u'st, though AndlotmemRa'ruptjusta 15 MR SNYDER Let Doug look 16 moment Mr Pow~ll, do we have someune else that could go 16 MIL SALMON well, unfortunately, they don't 17 over -- or eeo of your other staff membel's cauld do that 17 have one m the Planning Department and my copy Is m mY 18 so wo could cuntman to dnll Mr Salmon? Mr Rtshel, do 18 budget file, winch they vall not bo able to f'md I'll 19 you have anot~r qu~tlun? 19 run and get It while we're doing the water variance and 10 ~a~msn,~r yea Thunkyun, Mr Chammm 20 I'll be back m about ten rmnutes 21 I'm cununs, Mr Salmon, and maybe legal, I don't know, 21 MIL MCNEILL BefOre yOU leave, one quick 22 have We left tl~ p~opl~ on th~ north ecd of Panoy hanging 22 question 23 out lx:~, and I want to know what's gems to hapl~n to 23 MR. ENGELBRECHT okay Yes, ]v',_r IVicN¢lll whotlm- or not We have some sort of an 24 I'm sorry 24 Pan~ 25 e~hh~ontlon to thee people to provide ~ttrltt~onal sidewalks 25 MiL MCNEILL Th~ plec~ that's SOULS to Page 21 - Page 2d PLANNING AND ZONING COMMISSION APRIL 12, 2000 1 ? Co~den~ItTM Page 25 Page 27 I connect -- on tbe drawing that you have xn our backup that 1 M~ RiSH~. I m not sur~ why 60 percent - 2 has the hashmarks on tt, that docsn't actually exist now, 2 ~c,~o~ 10o pcrccnt of the first nm l00 3 lS that correct? 3 feet off thc sewer cxleasion, tea pcreent of thc next 200 4 MR SALMON I'mserry 4 feet of thc scwer cxtension, andlhcn~ropercentaft~r 5 MR MCNEILL O11 the other drawing, the 5 300 feet So ~ property is situated about 305 feet 6 hashmarks on It? 6 from thc cxistm8 manholo hero So, basically, they're 7 MR SALMON That docs riot exist That would looking at 100 pcrcect of thc first 100 feet based oa thc 8 be a brand new road 8 ordinance wluch, m this case, what they wc~ lookiag at 9 MR.MCNEILL That's what l thought Thank 9 wasconungtothccndoftluspropcrWanyway Sothcar 10 you 10 cost Is not gems to bc any 8~cater g°m8 bYthis 11 MR £NGELBRECHT okay Is Mr Arora here 11 particular ordinance 12 from Waste Water will talk about Item 9C, a variance 12 ~ msaac eaym$ 60 percent of thc 13 from extcasion of waste water hnes Sir 13 d~vclopmcnt at that time and I'm wondenng only 60 percent 14 MR. ARORA I'm P S Afore, engmeerml~ 14 instead of 100 percent? ~5 actunmstrator for the WaterD~mimcnt Tbeproperty 15 ~,~oP,~ Normally what happcns is that 16 bere, justrouihlylocatednghthereonthtsslt~ 16 propcrtyonc~thcrs~decantiomtothat 17 MR. 12I~OELBRECHT Carl you move that up a 17 MR. ~OELBRF~HT could you tell us what 18 little blt on the podltnll? 18 section is that ordmance~ ~f you could find that again? 19 MR. AR.ORA The existing current facility that 19 Mlc ARORA. It iS Section 34-118(f)b 20 you have, there's a manhole about nununum of 100 feet 20 ~ ~,~oacaP. eCH'r okay Any other que~ons? 21 south of tlus property Thecurrentregulat~onsrequirc 21 Ms Oour&e 22 that tlus line be extonded normally to tlus south part of 22 MS oo,,mol~ idohaveonoquezt~oo Why 23 the property We can sec that the frontage Is pretty 23 would the whole property have to have a water hne? I'm 24 substanttali~re It's 438 feet wluch is to !ond of clear 24 justcunousofwhen--fftl~homelssitoatedintho 25 thchardslup We have made an offer earher to come to 25 anddle, sotospcak Wo don't have any idca wharc it's Page 26 Page 28 1 the midpoint of the property, to the property owners here 1 gumg to be situated, wouldn't the water line only need to 2 We have found that can apply a~d that provision is -- that2 go to the nudpomt of this property and then connect into 3 applied when it's a stngle-fanuly home And I have 3 the home? I guess I'm trying to get an understanding of 4 thscussed that with the owners here lust about 20 minutes 4 what thc reqturcments are 5 back So they will be able to talk about it when I get 5 MR. ARORA That was only only because there 6 off here 6 was a lot of hardslup here and we have mad~ an offer to 7 ~ras, applies to single farmhcs for adjoining 7 come to the middle of the property 8 lots and how that is paved Thafrontl00perecatofthe 8 MS GOUP, DI£ so than yun'd ge nght to th¢ 9 f'trst l00 foct to he repaired by the preperty owner, ten 9 middle and then not have to conttnue with the rest of the 10 percent of the next 200 feet paid by the property owner 10 property That would just remain unconnected 11 'l~e other portion is that if this lot is subdivided m any11 Ida AI~ORA That is correct 12 way tn the future, any subd~vided portion of that lot 12 MS GOURDIE Then If the person to the north 13 would have to pay 60 pereant of tha cost of the s~v~r hne 13 of this property want ahead and started out~ they would 14 at that current tume So that provision dcom't apply if 14 have to connect to this property and pay for that 15 thaychcose,toguw~thtlushousehar~ 15 MR ARORA Yes lhght 16 MR ENGELBKECHT If they choose that option, 16 MS COUP, DIE okay Thank you 17 would they neexl a variance? 17 Ida AI~ORA They would have to bring it up to 18 MR. ARORA Than they would not need a 18 that property 19 verlance, no 19 MS COURDIE Thank you 20 MR. ENGELBRECHT okay All nght So we can 20 MP~ ENGELBRECHT MI' lhshel, you have another 21 ask the pet~tioner tf tbey would hl~ to take tlus option 21 question? 22 and then preclude the request for the vananoc 22 MR RISHEL what is the hardslup? 23 MR. ARORA That's correct 23 MR. AROP. A The normal frontage that we sec m 24 MR.m~OSLeP.~C~'T Allnght Ithmkwehave 24 the Clty for houses would be 70 to l00 feet, ll0feet 25 anotberq:L,.,_~t_~on ldr Rlsbel 25 And tlus is 438 fect, Ibehcve And that's hardsh~p Page 25 - Page 28 ?LANNING AND ZON-ING COMMISSION APRIL 12, 2000 18 C09~n.~ltTM Page 29! Page 31 I ~a~ ~o~ammm'r~ ~y o~ qu~ons? O~y ~d I ~ U'S ~ ~po~n~ ~t 2 ~you Itap~s~ Sa~on~sback ~'sfast 2 ~tr~doff~s~d~a~dc~band~w~nwc, 3 Did you sprint ~ 3 ~ ~s~, ~ ~co~ng ~ffic on ~n~ ~d Wc'~ 4 ~ SA~ON l~d p~ of ~ way and I ~ve 4 ~ng ~ ~ ~ f~ ~ m~t p~ a ~ ~d ~ a 5 ~ o~ way 5 much ~ m~on at 77, w~ch it s~s 6 ~ ~o~ I ~s ~o~ W say, ~f you 6 ~om~ ~ ~co~ cut ~o~ ~ffic on~ Win&or 7 spnn~ ~t who~ ~n~, ~t's ~ You'~ not ~ 7 ~a~ ~ you can ~e - Wm~or ~s do~ 9 ~ ~o~ we ~ $1 ~on of 9 ~d ~s d~n't ~ ~ me ~t ~t's a 10 ~s~nmus pavin$ in 2000-2001 and ~n ~ have ano~ 10 pz~ of r~d ~t ~ o~t ~, one, not do n~t aH ~ 11 $1 5 ~on of ~s~nm~ pawn~ f~ 2002-2003 Now, 11 way ~o~ and, mo, not ~vo s~d~a~ on ~a~o we can 12 I ~h~o ~ ~s p~in8 ~ do cons~cuon on 77 in 12 ~t ~man ~ffic ~omg ~ ~ p~k and ~ can 13 2001 So ~t's a p~s~bth~ ~at ~ ~d mo so~ of 13 ~t much mc~s~ f~-~o~ ~ffic cumn~ ~ou~ 14 ~atmon~m~tf~st~for~n~ad ~only 14 ~andUjusts~way~o~d~at~o~t 15 ~n~ I ~s is a ~ld c~d ~s ~t for s~o ~son I 15 ~ ~ on ~t one n~t away 16 ~ ~at ~ ~y a~dy ~ ~ somo pmj~ 16 a~ You'~ not ~g ~do~ ~ of mon~ 17 ~ out of ~t and l'm not ~in how set in s~no 17 H~o, I'm so~, ~ ~ ~s w~t I was ~ng of 18 ~tis But~'mm~a~u~lys~H~o~tof 18 ~you Okay ~yo~qu~Uonsorc~en~? 19 mon~ comp~dvely ~ ~s smuon of ~n~ R~d So u 19 n~t I ~smnd ~ ~uuo~ or ~t~on~'s 20 co~d ~ possib~ ~ uso s~ of ~t ~n~ out of ~t 20 ~onmuve is p~t Wo~d you ~ve us yo~ 21 f~st ch~ 21 and b~m~s a~s for ~ ~ord? 22 ~ ~OEL~ ~ ~t ~ W~s, 22 ~ ~w~ ~ n~o is Brant Bo~ and I work ~3 &d you ~vo ano~ q~on? 23 ~ ~n~n B~ble Ch~h at 1910 ~st Um~ I'm 24 ~WILL~S Y~andano~q~onwas 24 not~eo~ I'mjmt~lpmgout~eNelsons, wa~ng 25 as~ about si~a~ Was ~ any mnn~ for sl~a~ 25 ~o~ ~s pr~s I've don~ u ~fom wl~ s~e P~e 30 Page I or w~ ~ a ~t for SI~? I brai&rig we'w done m ~ past ov~ on ~n~ R~d, on 2 M~ S~ON Y~, ~ ~VO h~ ~ 1~ 2 Ho~mgh~m So I'm a hffie blt f~h~ ~& ~s 3 '99-2000 -- ~11, ac~ly ~ have ~1~ sx~wa~ 3 I've only ~n up h~ once ~fo~ and so ~ I ~ again, 4 ~d b~ l~m, money so~ul~ ~ ~ of &o ClP so 4 su~ n~ous 5 we Mve money ~s ~, next ~, ~ y~ ~r ~t, 5 Obwously, you've ~n a~ ~ ~ v~nc~ 6 fll about m ~ m~e of about $500,000 00 ~ ~ So 6 ~t ~'ve ~ about ~d you ~ow ~t ~ ~e wasg 7 I ~ it Would bo pm~ ~y to ~ able ~ f~d 7 wa~ on ~e ~st side of ~ pro~, ~ 8 st~a~ out ~ ~n ~e next ~uple of ~s 8 hno ~at ~s no~sou~ ~t Is eonn~ng from Windsor 9 M~ ~S T~ you 9 ~ 77? ~d from w~t I ~dgsmn& ~e ~son why Was~ 10 ~ ~OB~ ~d ff ~ s~ply put a 10 Wa~ wo~d want m ~ d~elop ~ ~ way across 11 ~o-y~ ~ lint on x~ ~t wo~d ~w you-all some 11 prop~ Is ~am* ~ ~elopment 12 ln~w ~ w~t ~ go finish ~t ro~ ~p 12 sl~ ~ ~ any way ~at ~ ~ d~el~m~ can 13 ~ ~ON well, ~d I ~hew ao~y mo 13 ~p m~ ~t was~ wa~ h~ ~t's a~dy ~ and 14 ~s ~s some o~ ~ngs ~ ~ ~o-~ 14 not ovg~H o~ d~elopm~t as fg as m~ng ~o was~ 15 ~ef~0~tapply~ay We~ly~ul~'thold~e 15 wa~hnm? ~t,s~dofon~qu~onI'vogot 16 money m~ ~ ~o ~ ~Y 16 ~d I ~s ~ n~t qu~Uon ~s, ~'s 17 ~ ~GBLB~CHT I ~8 ~y ~t Ig ~at, 17 ~ ho~, mnml hom~ ~t ~ no~ of 18 to you, sm~ you're ~ mpm~t~ ~n~g, I'm a 18 n~t now and sera.ow, so~ way, ~ 19 h~le~n~d~t~&~'tgo~and~nt~do 19 ~s~,som~,it'sgol~som~ So~yMw~can 20 c~b ~d ~ on ~e ~st of ~at s~ ~o~ I 20 m~ ~at ~o~co ~at's a~dy ~ I don't ~Hy 21 un~d you'~ wmtmg for ~elop~t But now 21 ~ow eno~ May~ P S ~om wo~d ~ow mom ~n I do 22 &velop~s~and~t'snot~d~t~o~t 22 on~t ~at~ndof~ton~vmanee Is 23 ~t ~ ~ or ~ch ~ m~ ma of ~y~ a ch~h or 23 ~ any way ~ sm~ ~'m going ~ pay ~ f~st 110 24 m~g ~t wo~d ~ ~y ~ ~d ~t ~b ~d 24 .. pay ~ mon~ for ~ ~t 110 f~tlust ~ ~ ~ ~c 25 ~ 25 comg of ~ pro~, coffid ~ j~t haw PLA~O A~ ZO~O CO~SSION ~RH~ 12, 2000 Page 29 - Page 32 19 CondensoItTM Page 33 Page 35 [ 1 point where we stop our waste water and lmvo any future I even see ti, the hackbeme~ were grown up so bad It was 2 development tap mto that north/south hna that's east of 2 plantedmtbe1920's We saved thc thmg Andsowc'd 3 our property that goes from Windsor to Highway ??? 3 like to keep that grove tn there as opposed to have 4 MR. I~OELBRECHT well, I think those 4 somebody come m there and cut It down And what these 5 questions are somettun~ you should have addre~ vath 5 two gentlemen a~ talking about, we are able to do that 6 utilities before you got here That's not something we're 6 But above that, it's not a question of whether we tlunk tt 7 going to answer We would simply turn around and ask 7 would he right or wrong It's just -- the wherevathal to 8 utthttesandlthmkthey'vegtvenusarequest Self 8 be able -- we've got to walk away from lt So lf that can 9 you're not ready to proceed wrth this, If you want to ask 9 help you with kind of a bottom hne, I hope it can 10 them questions, do you want a postponement on this case? 10 MR ENOELBRECHT okay We do have at least 11 MR BOWEN we have talked about lt and I was 11 onequestton Mi' Williams 12 surpnsexlthathedtdn'tbrrngltup Onlusdravang, he 12 MR. WILLIAMS yes, Mr Nelson I'mnota 13 had that hne indicated and he that's somettung that's an 13 trusting person, so I would like to know what you're game 14 optioo and we've already talked about, maybe y'all need to14 to do wlth tbe other land because I would hate to be 15 talk to him about that, as well 15 sitting here flus tune next year and we get a rezonmg 16 MR I~lqOELBRECHT It may have to do wrth the 16 case to rezone this land that the City of Denton and the 17 depth of tile lots, et cetera 17 people of Denton hove approved to he rezoned 18 MR. BOWEN okay Tbenextvanencelsthe 18 Single-Family So I'm gomg to have to have sometlung m 19 sidewalk variance Was it mentioned, I was out of the 19 writing before I can vote to extend the taxpayers' money 20 room bnaffy, was tt mentioned that the YMCA property does 20 MR NELSON We wanted to build, we were 21 haveasldewalkthere? Are we wentmg to develop sldewalk 21 tlunkmgaboutbmldmgahouseovarbytbesouthoftowa 22 on both sides for foot trnff'tc or Is that what the -- 22 It was just too congested down there That piece of 23 MR. ENOItLBRECHT well, that's been our 23 property, there's not that much building going on around 24 standard prooeduro across the City Although, ~.t's 24 there and it just gtvas you some elbow room And so we in 25 probably most Important that we at least get sidewalks 25 no way are going to usc that for anytlung but just one Page 34 Page 36 I down one side of that enm~ strut I firmly and so we'll agree to whatever we need to 2 Ma. BOW~N okay I don't flare anything else 2 MR ENOELBRECHT The question that Mr Atari 3 to say Tom Nelson, do you want to say a few things7 3 brought up, he had indicated that he talked to you about 4 Mia l~tollt.muicltr t do behove we hey© 4 tlus alternative approach And we sort of need to know $ quesaons from Mr Williams Mr Wflkams, do you want to $ do you want to take that approach as opposed to requesting 6 walt and hear from Mr Nelson? 6 tlus varlanca on C? Let me ask legal, in the event that 7 Ivac VvaI. LIA~IS. Yes, that would be fine 7 we approve this variance, could they still go ahead -- 8 MIL ~'qOI~LBRF~a? If you would give us your 8 okay Where did legal go? Wall, tt would appear that if 9 nam~ and address for tho record 9 we wear shead and did approve the variance, they can stdl 10 ~t~csoN okay Tommy Nelson at lg30 10 gowtththatoptron So that woold lenve you -- so woald 11 Malone And my wife and I, we bought a pleea of land for 11 you prefer that we went shead and voted on the -- consider 12 about $110,000 00 and tho original anprovements w~ro about12 the vananca and then you also would have that other 13 half tbe price of that And tbero was .lust no way we 13 option 14 could over do that W© ¢an -- on what Mr Salmon and Mr 14 MR NELSON Yes 15 Arorawerotalkmgabout, thosovanancescamatobetweas 15 MR.ENGELBRECHT Allnght Anyother 16 aboat $16,000 00 aed $18,000 00 We could do that. If it 16 qoastlens for Mr Nelson? Thankyou Is there any otber 17 was tbe anginal, around $50,000 00 of the improvements, 17 qucstrens for staff, Commissioners? Any other questions~ 18 we just - It isn't a quest:an of whetber ~t would be 18 Ms (]ourdie 19 nght or wreng for us, lt's.lastwoam'tgot~t I'ma 19 MS GOURDIE Ineedclartfication ~ 20 pmaehcrandweean'tdolt I'll have to walk away from 120 Arora, Incedtounderstand Whatyou'reproposmgls 21 it and e:tber let the City do it or sell it to somebody 21 that they pay for tha -- where the sewer line connects 22 wbehastbemeaoytodott I'mjustgoingtoputano 22 nght now at the manhole up to tbe south end of thetr 23 house en there 23 property, they pay for that part And then the City will 24 ~ wes a p~an grove on th~ro vnth about 24 pay from the south line of their property to thc midpoint 25 Alrnt~it 30 tree~ and that thm_o.: we sov~l it You ¢o~!t~n't 25 northern Is that correct vath what you've written here? PLANNING AND ZONING COMMISSION APRIL 12, 2000 Page 33 - Page 36 20. Cond~ns~ItTM Page 37 Page 39 I 1 Am I underhand,rig correctly? 1 2 M~ ~O~ ~t ~ cl~ ~t ~e way we 2 ~ S~ER I suppo~ you ~d ~&tton the I 3 ~at would apply, ~y ex~ston ~t as ~ from ~s 3 v~ 4 pomton Soif~sisl05f~tro~yh~,~ 4 ~LL~S okay ~you 5 hablefor~fu~lOO~tof~atlOOf~t~d~ 5 ~ENGELB~CHT ~ ~o~Iundersmnd 6 ~t of ~ next 200 f~t and ~ ~o ~r~t ~r 6 ~e mttt~ s~f ~tton ~ ~d ~ ~s 7 ~t 7 v~, it ~ ~at ~ey ex~d ~e ~ line halfway 8 MS ~U~IE so ~y wo~d ae~ly ~ 8 across ~e~ pro~ 9 pumg m about 300 foot of ~e? 9 ~ ~o~ YeS, sw 10 ~ ~o~ Ac~lly, ~e to~ 1~ would 10 M~ ~GELB~C~ w~eh would ~ 219 f~t m 11 ~438f~t~just~front~dof~pro~d 11 ad~tton~el05? 12 ~o~ 105, f~t or so 545 to 550, ro~y m ~t mn~ 12 13 So what ~ ~ ~n8 about m ~s of ex~stcos ~d 13 ~ ENOE~C~ okay And so ~at ts what 14 ~eway~e~s~t~f~100f~tof 14 ~es~ff~datwn~s~dto~e~uestfor 15 ex~swn, ~y'll pay I00 ~t of ~ ~, ~ 15 the 16 ~tof~enext200f~t,~d~o~t~t 16 M~O~ That~s~t 17 MS ~U~m SO doll~-~, do you ~ve a 17 MR ENGELB~C~ ~[ n~t ~d ~ ~f we 18 fi~ ~t you ~ off~ ~? I ~ ~t's w~m Pm 18 approve ~at v~an~, ~ ~uld ~H ch~ ~ other 19 ~t~ h~g ~p on ts ~'m ~ng about a v~ ~d ~ 19 optwn 20 m~t~dld~'t~owwhat~ff~ls~ 20 ff~eyw~ 21 w~t ~ wo~d ~ve ~ to pay, and what ~ m~a~ons 21 MR ~O~ T~t ~S ~t 22 of ~e 100 ~t for ~e f~t 100 -- 22 M~ ~NGELS~C~ M1 n~t O~y Well, the 2~ M~ ~O~ T~S op~on ~s avmlable ~ ~ 23 s~f r~datton wt~ ~d w ~e v~, ~e 24 MS ~U~IE we~, I g~s &~ ~nt W go 24 ~txtmner s~ply l~t ~td, hey, we w~t a v~an~ to 25 ~ev~ A~mplo~v~a~o~.Ithm~;lsw~t 25 ~e~t~st, b~t~ly Andsmff~d, well-- Page 38 Page ~y'm ~ for venus yo~ op~on I'm ~ng to I or they wan~ 2 f~ado~ountw~ch~s~owhole~nwhy 2 pro~hne ~eywan~ev~y&dn't 3 ~'~ h~ 3 have to ex~d tt ~y f~er from ~e 105 f~t, from the 4 ~ ~O~ okay It ap~ to ~ ~t ff 4 ma~ole to ~e ~mg of ~e~ pro~ 5 ~ w~ W ~ up hge, from ~ ~ole W ~o sou~ 5 S~f says -- ~ ~ or~ ~ys you 6 ~d of ~e prop~, ~t's about w~t ~ would have 6 have to ex~d tt dl ~e way acro~, ~f ~d hEfway 7 prod for ~ whole ~ m~y, ~ ~'m ~Y not 7 ~ross w~ch 8 gomgWpay~y~amo~ ~ll~v~h~e 8 ma~ole So~at'swhat~es~ff~daUon~swtth 9 &ffe~ ~'mpaymgfor~f~tl05f~t~d 9 ~gdW~evm~ Butlf~ey--ev~lf~p~s 10 ~ly~p~tof~onext200f~t 10 ~evm~,~ey~ds~lch~togo~e 11 MS ~ O~y 11 or&n~ r~u~t for ~e sinCe-family m ~t one 12 M~O~ It may ~ about $1~000 00 ~ 12 sx~atlon 13 $1,50000inad&ttonW~at ~ypay$5000af~t 13 MR ~O~ we~approve~evman~only 14 for ~e ~ ~d for ~ 200 f~ it's about $10,000 00 14 .. ~ ~ approve on ~at ~n~tl~ ~at ~ey choo~ the 15 MS ~U~IE okay ~ you 15 ~ond option 16 M~ ~GELB~C~ ~ Wfl[l~ 16 MR ENGE~CHT ~t B~t w~t I'~ saying 17 M~LL~S Y~ I~veaq~onfor 17 ts~atev~ff~approve~v~,~uldstfl[ 18 leg~ ~ ~ legally ~ ~at ~s pro~ ~mn 18 ch~ ~e o~ op~on ~ey have a v~m~ for half of 19 A~c~ for 'X" ~o~t of ~ ~ l*m ~m~ 19 ~e &s~ across ~e~ pro~ but ~ey ~o have the 20 about us g~vmg away ~e stem ~d ~ tt's sold ~ a 20 optton, ~ I un~rsmnd tt, W ch~ ~s Sub~tion 21 develop, ~l ~e pro~ ~ound ~e ho~ ~s ~ld ~ a 21 22 develo~ and ~ we ~d ~p, ~e ct~s I'm ~ng 22 M~ ~O~ ~t ~t I'm ~g ~s ~t ~f 23 abou~ I have no prob~ ~ ~ no.bom Is ~ any 23 ~ey 24 way ~at -- wo~d ~t ~ a l~al motton ~t ~s Is -- 24 rou~, 25 ~ S~R ~s ~s ~o~e~ A~c~l~ml no~ 125 ~ W ~ ~ ~ don't ~ ~ ~t ~ we PLA~G A~ ZO~G CO~SSION ~ 12, 2000 P~o 37 - Page 40 21 Co~ItTM Page 41 Page 43 would reonmmond that the vanance not b~ granted say, I n~d a variance And that's wh~t~ I'm questioning 2 MIL I~OBLBI~CHT Okay Any other -- Ms 2 thc quesuen is w~ do we start loolang towards thc 3 Oourdle 3 futoro d~vclopmcnts and what's couung up and why we stop 4 MS CoOURDIE Okay Nowl'mconfusodbecause 4 atoaepomtandjusthaveavanancothatwfllbeconung 5 If WC give thclll the variance) they won't have to take the 5 to us wben thc futur~ comes btuldmg, saying, leek, this 6 other option beca~asa tt's less money, only gotng to thc 6 ls438feetot~plpcthatchdn'tgom Itwasn'tmy 7 105 font mark. And so l gilcss what you're saym8tsifwc 7 fault It'sabardship Andso-- 8 deny the vartance, they have the option to go the other 8 ~ ENOI~LBEECHT Mr Wllhams, do you have 9 route Is that what you're saying, mstsad of approving 9 qucsuous? l0 thevanance? MaybeI'mhcanngthtsbackwerds I 10 ~.VaLCL~tS yeah My concern ~s what's the 11 thought you said ff we approve the variance, they call So 11 mccative to take tho option? 'l'h~c's no incentive to 12 for the other option 12 take thc opUon 13 MIL EI~GELBRECHT They can So for the other 13 ldK I~O~'LB~V.X:m' well, Mr Arora, if I 14 option anyway That's a part of Code 14 understand correctly, under tho opUon you have to pay 15 MS GOURDIE But ffyonapprevethevanance, 15 pcrccntofthofimt 100 feet? 16 they don't have to bmld that 1138 feet at ten percent of 16 ~ nt~o~n. ~'hat's correct 17 the cost They have a variance from the southern line up 17 MIC I~OEL~It~'HX And iS that 100 feet across 18 tl~ whole way of the property So what we're sayms ts 18 your property, that's m addmon to ll~ 105 feet 19 that If they want to pay for the 105 feet from the manhole 19 10 to the south cad of thctr preperty, thc vanance would 20 ~o~ No That's startang from this 21 include the ~ of thetr property, but the option that we 21 point on 22 am -- the Ctty ts asking for ts that they So by the 22 M~ ~Noe~nl~cax starting from the manhol~ 23 ordinance wher~ they pay not only for that fast 100 23 wtuch you have to fill anyway 24 percent, but they also pay for tho next percentage and I 24 lvuc AROIO,. lught 25 guess I'm confused as to what the explo~at~on ts 25 M~. ~tO~l.~K~rr so what I'm saying is -- so Page 42 Page 44 MIL EI~OELBPd~HT oh, okay I think legal has basically under the option, if you haw ten percent of 200 2 a statement ~ 2 feeh that, s besically you'r~ paying for 20 feet of PiPe? 3 Mit Sh'YDEit I Just want to clarify tt Tins 3 MI~ allele. ~hat's correct 4 option that's m the ordinance really doesn't have 4 MS. mqoeun~.ec~rr so under the option, you're 5 anythng to do vath this variance request They have a 5 going to bevo to build about 15 feet beyond the 100 feet 6 nght, as the Chatrman has satd, to choose that option 6 but -- which is a lot less cost Now, I have a qu~taon 7 So what l bear the apphcent saymg ts, at this pomt, is 7 aboutthal, though Who ls to put m tho rest of the hn¢ 8 that they're not necessarily gems to So that option 8 across ~ prop~ As Ms Oourdl© asked, when someone 9 They want to gO the route of just extending the line to 9 comes to just tho north of this property, will they then 10 the southern part of th~tr property So your deotston 10 be asked to ~xtend it across this property frontal? 11 tontght ts whether you want to grant that option or 11 ~i~ nl~o~ No, the hno is up to the edge of 12 somethms tn between 12 th~ property and than tha~ where his property comes 13 MS COUP, DIE yeah, lgot allthat 13 along, tbey,mgomgtoben:qun~xltoextend~t fromflus 14 MR, S,N'YDER I think that's the confueton 14 point on 15 that's come about ts apparently we've d~scovered that we 15 Ms. ~qO~l.~a~clt? sow, ar~ we gmag to r~quu-e 16 have this other provtslon tn our Code 16 th~ p~p~ be put m across th~ enUr~ frontage? It's just 17 MS GOURDII/ wall, I guess my questton to Yon 17 tho Clty is gomg to pay for th~ rest of ~t 18 thents, m fact, whateverwe~redomgtswe~recansmga 18 Ml~naol~. YeS Wc vall look at tho total 19 problan~ m the future that when the property to tbe north 19 cost and then v~ vail spreed the cost 20 gets developed, someone's gems to come tn here and say, I 20 ~ m~oe~rr so all of tbe pip~ w~ll be ~1 want a vanance because I now have to do g30 foot of ptpe 21 in So then we woulda't haw tho lssues that Ms Oourche ~2 and I can't build my property beeanse now I have to do tt 22 is talking about? 23 because tt was never extended to tlus property ~3 ~m. Al~olo~ ~o, no Oh, no Actually, we'll 24 So I ~ thxs kind of dormnomg down the road 24 extend It all th~ way to th~ sorth cad of tbe property the ~anun~ndation 25 wa,~ eueh other propet~y ts gems to come forward and 25 ~ ~ow~c~ xbe variance, Page 41 PLANNIN(] AND ZONING COMMISSION AI'IUI~ 12, 2000 22 CondenscltTM Pagc 45 Page 47 [ for tbe vanaficc only had thc water hne extending to MR. ENGELBRECHT If thay use that provlsien 2 nudpomt If they chcosc tins option, wlnch they can 2 wluch would be requn~l to be used ff this variance is :5 choosc outsl~lc of thc vmencc before you tonight, thc 3 darned 4 water line is going to be along the entm~ front of the 4 Mit mSI~EL what happens vnth the, lust as a 5 property However, th~ property owner Is only going to 5 hypothetical situat~on, If the next pleoc of development 6 have to pay fur basically that first l00 feet, a httle 6 north of that ls not contiguous, adjacent to that plece of 7 bit more than that, becanso the City Is going to pay for 7 property7 Who pays for the further extension of that9 8 thc rest of it 8 How docs that cost get allocated? 9 MR ~GELBR2Ch'T Mr McNelll 9 MR AROP~ Depart&rig on what comes along, 10 MitMCIqEILL IflunkIhadmyquestton 10 normally, thcy would have to extend it here sud cven 11 answared but the Clty then vall pay for 438 mmus l10 11 though it may not be contiguous to that, maybeahttl¢ 12 feet? 12 north of that, they'd have to extend the hne across the 3 MR ARORA 54~ feet is the number I've got 13 frontage of the other lot, then they would have the 14 hcrc 14 ability to collect pro mia money on that extension 15 MRMCNEILL Andl05feetfromthamenholc? 15 And, scy, thcy eac l OO feet furthcr north of here, so l O0 16 MitARORA yeah 16 feet on that lme, for the next 20 yeers, enybodytaps 17 MR. MCNBILL SO that's 500 and sora~flung 17 into that line, flus side of their property, they'll have $ feet Thc apphcant has to pay for 110 plus some 18 to pay 60 percent of the cost 19 percentage, a little bit more then that, end th~ City pays 19 MR RISHEL At that tune, you'll collect it 20 for thc rest of that? 20 at that tune when that property Is developed? 21 MR ARORA That is correct 21 MR. A~OmS. yeah They'll maintain that 22 MR MC'NBILL So then when the developers come 22 contract with us in our department It will be good for 23 rote thc north of tlns property, that watcr line is ovcr 23 20 years And at that tune, thcy will maintain an actual 24 thcrc and they can tap onto it? 24 map that shows wluch lines 25 Ma AI~O~, Paght 25 MR EN~ELBRECHT okay And I flunk Mr Pagc 46 Page 1 MR MCIqBILL Okay Thank you I Powall would l~ke to make a comment 2 MR BI~GBIJSRECHT I want tO JUSt clarify one 2 MR POWELL I was just going to say ! flunk 3 othcritem Let'sussumeforamomcntthatthevanenee 3 that one of the lssucs that haven't becn brought up that I 4 is approved and they went that route Would at that tune 4 tlnnk it Is somctlung that's affecting tins site, there's 5 when it waS constructed, would v~ still be pu~ng the 5 a differeacc between a pubhc pohcy need to extend ~ atcr 5 line all the way across the property, the City would be 6 lines across property lines to the next adjounng property 7 paying for the other part of it7 7 line m order to complete a loop end water cycle or 8 MR ARORA ye~, they'll be putting It all th~ 8 c~rcuits versus just supplying flus property vath water 9 way across, 9 And I flunk that's why flus provision is m the 10 Mit I~NGELBRECHT NO matter what, the line is 10 Sub&vision Regulations It's not just a sunple can they 11 gomgallthewayacrasstheproperty? 11 get water to the site Yes, theycould They could de lt 12 MR ARORA Ye$ 12 a lot shorter than going across the front of their 13 MR. ENt3ELISRECHT 8o it's avmlable for the 13 property But there's tins bigger pubhc pohcy issue of 14 next developer? 14 extending it across the hne for the next lot And that's 15 Ma. AgORA That is cort~t 15 whyIflunklt's--that'spartofthethscuss~onand~hY 16 M~ ~G~L~Pa~Ch'T Okay All right Yes, Mr 16 flus perrattted use of thc subthvision regulation because I 17 Powell, yeti would lhke to comment? 17 flunk there is that overwhelming pubhc policy to try to 18 MI~. POWELL l'm reading about th~ Subdivision 18 extend those lines across property lines I don't know ff 19 Code as it relates to water hnes, but also m that 19 that helped at all 20 provision, and I flunk Mr Wdhams was concerned, too, ts 2O MR. ENGELBRECHT Thank you Th~ you Mr 21 that for tbs tract ff they later subdivide it, then they 21 McNelll 22 would have to pay for th~ pro rata share of that hne 22 MitMCNEILL it seems to me that thcre's no 23 gomgthrough So thcre would be a dismcent~vc to 23 rcason for us hased on whst I'm beanng from Mr Per, c! ~ 24 subdivide 24 and Mr Arora, there's no reason to grant a variance 25 MR. WILLIAMS Thank yOU 25 It's in th~ apphcant's best intax~t that v~ not grant a PLANNING AND ZONING COMMISSION APRIL 12, 2000 Page 45 - Page 48 23 CondenseItTM I Page 49 Page 51 I variance Yes, Mr Pow¢ll I the money for thc intended purpose 2 MR. POWELL well, I behave the apphcant h~s 2 MR. ENGELBRECHT My concern is is that 3 asked for a complete -- a variance The staff Is 3 ganerally au the north side of town they wait ten years 4 recommending the vanance include halfway up the property 4 And the five years just seems awful long Pd hke to 5 line The appl~cent is asking for a compl~t~ variance I 5 encourat~e th~ construction of P, mey Road to four 6 think by the variance, you're only gmnmg ten feet, 20 6 Particularly I~ven all that other road that's going to go 7 feetofcost S01t,s, Ithmk, almostamcotpomtbut 7 on, that,swhylwasask~ngabontthetwo Thereisa g there still is a thfference between what they're asking $ five-year provision 9 and what staff Is recommenchng m tins al~ernatwe option 9 MR SALMON yardi, there's already a five-year 10 MR. M~NEILL Alternative option hain8 flus l0 provision written into the ordinance 11 Item C In the Agenda l 1 MR ENGELBRECHT okay But V~ could chan~c 12 MR. POWELL Nos tile Code provision that we 12 that for tins case? 13 have 13 MR. SALMON Rl~lt 14 MR. MCNEILL okay Thank you 14 MR ENGEI..BRECItT okay Yes, Mr Powell, did 15 MR. ENGELBRECHT commlssioner~, ~ there any 15 you have a comment? 16 other questions? We've thoroughly confused you I m~ght 16 MR. POWELL since we're discussing the water 17 Just ask one since we're toying vath tins, ~s the 17 line, as it gees up, would it be -- it's not going to be 18 right-of-way for tl~s in the street? For tlus line, is 18 m the street, it will be m the nght-of-way Would it 19 the nght-of-way for th~s hue m the street? Ii; be located outside of the actual street? l0 MR ARORA Y~S 20 MR SALMON well, I don't know what the 21 MR. BNOELBEBCHT mght, lt'smthastreet 21 ahgnment of the erastmg hue is But I gness we would 22 And one of the interesting tlungs ~s is that tbe City is 22 work to -' it would certainly be physically possible to -- 23 not going to put the line in that new piece of street :23 I mean, to design the water line such that it was an§led 24 they're going,to put up to the north, correct? That 24 over so that it could be extended outside of where the 25 little extension won't be in there? So that when that 25 strut pavement might be Page 50 Pat~e 52 1 pl~ce ~s d~veloped to th~ north, and ~e're encoursgmg it MR. ENGELBRECHT All r~t 2 to be developed l~caus~ wa're mowng ~t and we're going to 2 MR POWELL I gUeSS We'll try to do that 3 have to tear the su~et back up te put the hne in lust 3 MR ENGELBRECItT AIly other questions for 4 a point I thought v~ ought te make But we can ~xpect the 4 staff? Okay In that case, we have thee items We 5 line m the sireet te be tern up soon afar -- 5 would n~l to take those separately The first one was 6 psrucularly given that we're going to anprove lha Iraffic 6 tbe variance r~ardmg existing perimeter struts Staff 7 count along thee mm~endously vath ~1~ n~v sir~i, both ? recommendation was for a partial variance vath the $ ways, Rln~ Road and ?7 So just semetl~ng te think 8 petitioner putting up a sum of $~,400 00 Do we have a 9 about Thank you 9 mot~on? 10 MR. BIeltltL ltop~fttlly, we'll hava tho 10 MR MCNEILL The f'!x~ one IS on the 8t~t, Il overheads underlFannd ll Isn't It? 12 M~ ltNOISLBRECHT lUght Or we'll tear it up 12 MIL ENGELBRECHT Yes, that's perimeter 13 again to put the overheads underneath Thank yos~ Mr 13 streets, and maybe I'm wrong on that amount 14 Arora lapllr~ate~tv~'"~much Thankyou Mr 14 MR MCNEILL l'msorry Excu.S~me 1 $ Salmon, thank you so mucb Did you have any additional 15 MR ENGELBRECHT Yes, that IS for $5,400 00 16 comments? 16 ts what the "that's not the variance, that's thc amount 17 ~ SALMON yeah, ~ was One thing I 17 the City is re. questing 1 $ happened to think of afar I sat back down Th~ prows~ea 18 MR MCNEILL But th~ street requirement was 19 of tho ordmaaca that allows them to pay fe~ m haU °f 19 $1,10000 Tbesldewalkis$5,40000,1sn'tlt? It'sthe 20 constrllctlon~ wb~a we have a Capital lmprovealcets Program 20 other way around? 21 pcedmg, ~t specifically says ~f the mont.'y paid to th~ 21 MR. ENGELBRECHT It's $1,150 00 for the 22 City is not tlsed for the req~u~l anprevements vatlfln five 22 sidewalk $5,400 00 for the street 23 years, the funds shall ha ret~u'ned to the persen maldng 23 MR.MCNEILL For a total of $6,400 00 Okay 14 thepaymcets So it's.last not tWo years Imean, ther~ 24 Excuseme 25 is a prevision to pay tho money back ~ City has to use 25 MR ENGELBRECHT Right Is there any commeat PLANNING AND ZONING COMMISSION APRIL 12, 2000 p~2 24 Cond~s~ItTM Page 53 Page 55 1 or a motion voth regard to 9A? And Mr Salmon has a I tune Mr Salmon 2 recommended motton for you on page 2 0f the haclolp I'm 2 MR WILIJAM$ Isthtsapproprlatewbenwe're 3 just trying to heap you out 3 m tho middle of votmg on 4 MIL MCNEILL I move that we recommend to the 4 MP~ ENOELBRECHT If you have a problem w~th 5 City Council that a partial vanence of Section 34-114(5) 5 it, it's fine 6 be granted for the T&T Nalsen Addtt~on for penmeter 6 MR WILLIAMS No, I'mJustaslang~flegal 7 paving as recommended by staff as the full amount of 7 makes a decision, I'm going to follow whatever dec~slon he 8 unprovement would exceed reasonable benefit, with a 8 makes 9 deposit of $:5,40000 9 MR SNYDER i tlunk it's okay to ask a l0 MR. I/~NOItLBRF. CHT That*s the staff 10 question If lt*s going to help m your vote 11 recommendation 11 MR WILLL~,MS NO problam 12 MR. MCNI/ILL okay 12 MR ENilI~LBRECHT Mr Salmon, {hdn't wc cio one 13 MR I/NOBLBRI~CHT Is thoro a second7 I'll 13 of these on Hobson Lane not long ago? Actually, it was 14 second It Is there any {hseusslon on the motion? Ms 14 not only the frontage of Hobson Lane, but included a 15 Apple 15 number of interior lot~ And as I recall, them was aghi 16 MS APPLB I'llbevotmgngmnsttbemotien 16 ortenlots It was a whole anbdivmon, messence 17 only becauso I'm having a real hard tune reconciling the 17 MR SALMON Pdght Actually, we've looked at 18 term hardslup vnth a smgle-fsrm ly lot that cost 18 a lot of similar variances We had one .~ust hke tlus en 19 $110,00000 I would think that the pnce of the lot end 19 Wfllowwood Street about a year and a half or so ago 20 the size of the lot, I flunk a prudent person would assume 20 MR ~'NO£LBRF. CHT And don't you uso the same 21 that these types and prices of Improvements would need to 21 formula to prorate these7 I mean, you use the -- and 22 be made 22 that's how you can~ up voth tho $5,400 00, which is the 23 And I would also kke to see maybe that CaP 23 same way -- that's what I was under the understanding, was 24 money that we talked about earlier going towards malang 24 the same way you came up with the funds for the other 25 those Improvements to the homes that sit to tho south of 25 ones Page 54 Page ' · 1 this property, which were built at a tune when these 1 MR SALMON mght And, of court, we update 2 requu'ements were not m place 2 our cost as prices change But we generally try to 3 MR. I~GBLBP, BCHT MS Golltdlc 3 rocommend the sen~ flung 4 MS OOU~DIE I wll not be voting for tbe 4 MR ENOBLBRBCHT AS a smgle-fmmly lots 5 variance, also But I a~,ce that t~ Is a hardship 5 Okay Thank you Thank you Any other &scuss~an~ 6 It's a huge lot and you arc a single fanuly I just don't 6 Obviously, I second this motion, I will be voting in favor 7 flunk the funds for the requund paving Improvements ts a 7 of it Tins has been done a number of tm, nes m the past 8 suffictent balance between what tt nnght cost and what it 8 and -- while flus fruntagc is lar~cr, wc'vc certainly 9 could be I would go for a vanencc of a partml ff they 9 allowed variances for a much ~'ester total area than we 10 brought the price up just a httlc bit moro to about l0 arc In flus particular case If there is no othcr 11 $7,00000tobelpvaththeImpruvedpavem. ents Andthat's 11 dlseusslen -- Mr Moreno 12 just wbero -- Iklndoffcellt'salow-ballmlmber 12 MR MORBNO IJUSt wanttomake surol 13 MR BNGBLBRBCHT Any other d~souselon? 1~ 13 understand that if thc variance is ~rented, the applicant 14 R~sbel 14 yell escrow $5,000 00 for street Improvements And what 15 MR. RISHBL I feel the same santunents ! 15 youhavcasldmyourbackuplsthatitwfllprubablycost 16 think It sho~lld be moro proportionate to what thc frent~e 1 ~ about $22,000 00 for the street nnprovements So at some 17 of the road reprosents there lwouldhketoseett, as 17 pomt, CIP would have to comc up wlth $17,000 00 Isthat 18 I had chscussed on the sidewalk part, end that's the enly 18 what I'm hcenng? Th¢chffcrencebctwccnthe$5,00000 19 way I would support the sidewalks m flus area ff tt was 19 and $22,000 007 20 proportionate to maybe four tunes or five tm.es what the 20 Mil. SALMON whatever the dffferoncc may turn 21 lcngth of that erca would bc, as tt would be With standard 21 out to be, thc City would end ~.lp having to pave rt at same 22 lot sizes So ! would be opposed to tins as It's put 22 point and pay that money to parc it 23 forth at flus time, also 23 MR MORBNO And ostensibly that would add 24 MP~'BNO£LBRBCHT Any other discussion? I 24 value to that propert~ whancver that occurred? 25 would hka to ask staff a question, ff I Im~ht at flus 25 MR. SALMON I would assume it could havc same PLANING AND ZONING COI~fl~IISSION APRIL 12, 2000 Page 53 25 Condons~It TM Pago 57 Page 59 1 effect on the,valne of thc property I don't know how I choices And those choices we make have consequences and 2 much 2 we have to hve with the consequences of our choices 3 MR. MORI~NO Okay "l'hank you 3 MR ENGELBRECHT l.]llst want to say I don't 4 MR. I~OELBP.~ItT Any other dtseusslon? In 4 understand how we would fall to approve a partial variance 5 that case, tho motion is to ~rant a partial vananes for $ here when we've done it many other sections of town And 6 the perimeter paving with an amount to be escrowed as 6 there doesn't appear to be any other request to speak In 7 recommended by staff which ~s $5,400 00 Vote, please ? that case, if you would vote, plense Motion fails five 8 The motion is denied five to two 8 to two 9 (COMMISSIONI~RS APPL~, GOURDIE, WILLIAMS, 9 (COMMISSIONERS WILLIAMS, APPLE, RISHEL, 10 RISH[~L, AND MORENO VOTIN(~ IN OPPOSITION) 10 MORENO, AND MCNEILL VOTED IN OPPOSITION) 11 MR. ENOELBR~CHT The second Item is to 11 MR ENGELBRECHT Anyone else care to offer an 12 consider a vananen concemmg the sidewalks Is there a 12 amendment, another motion? 13 motion? 13 All nght In that case, we WLI1 move on to 14 MS GOURDIE lwaSjustcunous Usually 14 itemgB, wtuchlstoconslderavananc~fromSection [5 when it's denied, don't we have an option to -- 15 34-114(11) concemmg sidewalks And I believe the staff 16 MR.,Itl~OELBIU!CHT We do, I'm sorry I'm sow/ 16 has recommended that there be a partial variance with thc 11 I moved on,to the other one Yes, Ms Gourd~e 11 petitioner required to pay a sum of $1,150 00, equal to 18 MS ,GOURDIE Thank you Sorry, we're trying 18 the value of the average cost for a sidewalk for a 19 to figure ntlmbers bore, so if you want to go on to the 19 smgle.farmly residence m tl~ City of Denton Do we have 20 next one, maybe wn can come back to it But I would hke 20 a motion~ 21 to have the opporttmity to -- 21 MS APPLE i,ll make a motion to deny the 22 MR, WILLIAMS Is there a private mestmg 22 variance 23 going on? 23 MR. WILLIAMS I second the motion 24 MS GOURDIE NO, he's just writing som~ 24 MR ENGELBRECHT It's been moved and seconded 15 numbers down He's the math man I'm tho artist 25 to deny the variance Any d~acusslon on tho motion? Ms Page 58 Page 60 I MR ENGELBRECHT It would appear that there Apple 2 ls an attempt to mak~ anothar motion Do wa have the 2 MS APPLE l.]UstwantedtorelteratewhatI 3 motion? 3 sard, my first comment And also in this area of town 4 MS GOURDIE YeS I move that we recommend 4 with the proxumty to the park and the way that the City $ to the City Council that a partial vanance of Section $ is trying to go, I would rather see the whole area 6 34-114(5)~bz granted to tbe T&T Nelson Adthtion for 6 developed this way with these inclusions And in the ? perimeter paving as recommended by staff as the full ? areas where in the past where we have had variances 8 amount of tbe improvemen~ would exceed reasonable doubt 8 requested, thoro have been no sidewalks anywhere around, 9 with the eXcaption of the cost fer penmeter pavmg 9 for thc most part And m this area, lthmkit's 10 improvements would be at $7,400 00 And tho reason why I 10 appropriate with the sidewalks across tho street 11 plcked th~t number ts becanse the number that he'a picking 11 MR. ENGELERECHT Any other dlseUsaion? Well, 12 is too b~g,~ I think I don't have it be~.d on anything 12 for the life of me I don't understand how we would deny 13 but I just hate using CIP dollars when the proportion ~s 13 one here and then approve one along Hobsun Lane But 14 -- I guess, be~s using -' he's thwdmg it into fourths, 14 that's my opinion I'll obviously b~ voting against this 15 pretty close to that And I'mlUSt randomly picking a 15 motion There appears to be no other discUSsion Vote, 16 number I apologize for that I have no calculator in 16 please Motion carneS four to three l? front of mo to do it correctly but I'm wilhng to take a 11 (COMMISSIONERS ENOELBRECHT, GOURDIE, 18 friendly amendment if It's seconded 18 MCNEILL VOTING IN OppOSITION) 19 MR, ENGELBRECHT We haVe a motion for a 19 MR. ENOE1L~RECHT We have one more item, is to 20 partial vanence with the petitioner paying $?,d00 00 Is 20 consider a variance from Section -- 21 there a second to the motion? I'll second the motion 21 MR RISH£L could another motion be put forth 22 AnythseUsslon? In that case, vote, plesse Mr 22 unthat? I'd kke to try a motion Wflhams, I'm sorry Did you want to -- 23 MR SNYDER It'S been derucd 24 MR. WILLIAMS Yes At work t~lay I spent 24 MR. RISHEL IttS b~o d~nred Excuse mc ' ~$ probably a half a day ~ about choices We all make 25 'II~ank you Page 57 - ?ago 60 PLANN1NO AND ZONING COMMISSION APRIL 12, 2000 2 6 Condens~ItTM Page 61 Page 63 1 M~ ENOm. lmp.~,rr we have 9C wlunh is to is though, Is that correct? 2 consider a variance cona~ning extension of ~ water 2 MS GOURDIE okay 3 hne Andwohaveastaffr~commendationfuralmrhal 3 MR.ENG£LBR~CHT Thattsnght That'stme 4 variance, which I hope you-all have down now la ~ a 4 Thc prelumnary plat does not show it at tlus time 5 motion? Wail, it appears that thc cons~dcrauon dies for $ MS CoOURDIE And that thc sidewalks arc shown on 6 lack of a motion Ms Gounhc 6 thc prclmunary plat 7 Ms OOURDI~. lmovethat w~dcnythc~quest ? MR. MCNBILL l'll second that 8 forcxtcns~onvarlanceforthisscwcrhne 8 MR BNG£LBRECHT You'll second that Any 9 Ids APPLB. second 9 discussion on thc motion? Vote, pleasc ~'[otlon carats 10 Ma. aNoE[.BR.eclrr It'S been movcd and seconded 10 unanunounly 11 todcoy Any discusslan on the motion? Ms Oourdic 11 Ladicsandgentlcrnen, wc'regomgtotakc 15 12 Ms OOURDIE. I only camo forward, onc, 12 rmnutes 13 bccausc I behave tt's tho duty of the Planmng and Zoning 13 (BREAK TAKEN ) 14 Conmussion to make a ~ccommc~dation one way or thc othar 14 MR. ENOBLBRECHT okay We will rcconvene the 15 and I don't want us to continue m thc previous h~story 15 session Wc have one public beanng this evening 16 thatwo.~ustletthtngsgoasthoy~o And, secondly, l 16 re~urdinl~areplat Andbcforelreadthepartlcular 1 ? bcbevc that what thc opUon in our ordinance is is a very 17 easc, I would like to rcvlcw thc procedure for public 18 good option und l beheve that that hclps with the 18 hcanngveryrapldly Lctmcputltttusway, thc 19 hardship 19 procedure for public heanng Is on thc overhead to your 20 ~ ~enCam~CHT Any other thSCUSSIOn on the 20 right We will leave it there momentarily, 81va you an 21 motion? Yes, I will bc voting tn favor of thc motion 21 opportunity to ~cad that, those of you m thc audience, 22 Thc~ ts an option here that's munctanly to thc 22 and then wc wffi procccd on Sccmg that the audicncc is 23 pctitioncr's advanta~ Any other discussion? Vo~, 23 made up of staff membcrs and the press, I bchcvc I've 24 please Motion carnes unanimously 24 gtven thcm ample opportunity to read that procedure for ~5 Wtth that, we can move onto Ite~ 9D, is 25 ptlbh¢ heanng and we'll move on Thank you Page 62 Page I consider approval of the pralmlinary plat of Lot 1, Block I Itcm No 10 is to hold a pubhc hcanng and 2 A of thc T&T Nelson Addition And, Ms Hudson, would you 2 considar approval of the pralmunary plat and final plat 3 car~ to -- please provide us vath a staff report 3 of LOt 1, Block A ofthc Hall Lov°s Adthu°n, beml~ a 4 bis HUD~N Thankyou As you have siven 4 rcplatofLotsl and2, Blockl, and all of Lot l and part 5 your kind cons~deratien to tho plat 1ocforc you this 5 of Lot 2, Block 2, Bmaes Addition, and all of Lots 1 and 6 evening, we are recommending approval of tho plat with thc 6 2, Block 12, Original Town of Dcnton Tho 1.98 acre site ? additional condition that thc sidewalks ho shown un thc ? is located at thc southwest corncr of thc mtcrscction of 8 face of thc plat since they have been dcmcd for tho 8 Cedar and Hickory Sirccts Thc property is in thc Ccntral 9 variance tonight il Business zoning district At tins tuun, I will open thc 10 MR. ENOBLI~.~CHT commissioncrs, any questions 10 pubhc hcanng and ask Mr Cn-acc to provide us with a 11 forstaff? Thankyou Any discussion or a motlon? Ms 11 staffroport. S~r 12 Oourdic 12 IdR. ORAC~ ooodovcnmg TbeHall.Lcwis 13 bis OOURDIF.. I move to approve thc 13 Addition plat is a replat that rcquu'es a pubhc heanng 14 prcimuna~y plat of Lot 1, Block A of thc T&T Nelson 14 and it meets all reqmrcmcnts and DRC rccommcnds approval 15 Addition 15 Ivhmmsa£t ~Icis fast. Ibkeh~s styla 16 MR. biCI~IEILL sCColld 16 ME. ENOBLBRECHT ! behove he did one like 17 bilCENO2LBRECItT It's bcea moved and seconded 17 thatbcforcwhcnwewashcrc Ofcoursc, begctsthc 18 to rccommend approval of thc prcluntnary plat or to 15 plats la thcrc any quc~tions of staff? Mr McNclll 19 approvetbeprclmunaryplat Discussion? Yes, Ms 19 Iv~R. lvlC~lt~ ijusthavoa--ff~t'sthat 20 (]ourdic~ docs that morton mchide thc staff 20 straight-forward, why was it not par~ of thc Consent 21 rccommcndation? 21 Asenda? 22 bis OOURDI~.. wall, as it's written it says 22 ~ 8NGELBRECHT Bccausc it's a rcplat and 23 construction of s~dewalks along pubhc streets, so 1 8uess 23 that rcquin:s a pubhc heanng Any othcr questions? Is | 24 as I read it hcrc -- 24 pctiuonar or pctitloncr's representative prescnff Seeing 25 ~ $1,t~,n~. Tho plat right now dseea't show 25 none, is tberc anyone p~cnt who would like to Sl:eak in Page 61 - Page 64 PLANNING AND ZONING COMMISSION APRIL 12, 2000 27. ATTACHMENT 3 2208 Lattlmom St April 21, 2000 Denton, TX 76201 City of Denton 221 N Elm Denton, TX 76201 Dear Mayor and Council Members, We are requesting that the C~ty Council would reconsider the decisions made by the PNZ Councd on April 12, 2000 that revolved the T & T Nelson Addition variances Three requests for full variances Omproveraent to extstmg perttneter street& sidewalks and extenston ofwastewater hnes) were rewewed and voted upon All three variances were demed by PNZ Council even though e~ty staff engineer, David Salmon supported a partial variance for the pawng and s~dewalk at a total amount of $6,550 00 And city staff ofMumc~pal Utfimes, P S Aurora had researched the ordinances and found a favorable option for the landowners, Tom and Teresa Nelson Because the requests for full variances were demed, the mount of esttmated monies reqmred to develop this property before penmts, taps, ~mpact fees, drives and then the house will be apprommately $39, 550 00 The mere s~ze ofth~s lot, 5 014 acres, and the length of its frontage, 438 feet, would require a monetary hardslup on the landowner, ~fthey were reqmred to develop fully all the pubhc improvements Under normal developing conditions of a lot of this size, you would have a developer come m and propose to build several houses And thus the developer could spread the pubhc nnprovement costs over the cost of the mdlwdual lots In the s~tuation wtth the Nelson's, they are going to build only one house and keep intact the ~ntegnty of the natural setting wfuch includes a grove of 30 pecan trees I can't th~nk of a better "breath of fresh mr" m the suburban blight of houses that are characteristic of most all crees, than a beautiful natural setting nestled among the ever encroaching netghborhoods Interestingly enough, the head chatrman of PNZ, referred to several decisions that they had made m the past that were in favor of stmfiar variances like the Nelson's Most notably the Hobson Rd plat and the Willow Wood St & Kendolfplat In both these cases the PNZ granted the partial variances and the City Council later granted full variances The T & T Nelson Addmon ~s similar In that it is a large lot vnth one house and shouldn't they at least be considered for a partial variance? One mty staff member told me that at least 75% of partial variances are granted by PNZ council and this is the first t~me m fifteen years that PNZ council has flat out denied a staff supported partial variance 28 I also understand that the C I P (Capttol Improvement Plan) has allocated momea for the Rmey Road extension Since tlus property Is located on Rmey Road, near the Windsor St intersection, was any momes delegated to improve the existang R~ney Road w~th curb and gutter, street, s~dewalks and wastewater hnes* We humbly ask that you would reconsider the motions that were denied for the variances by the PNZ eounefl on April 12, 2000 and at least consider a partial variance and at most a full variance to two citizens that have lived here since 1969 and desire to live here ~n the future making the city of Denton a better place to live Agent for Tom & Teresa Nelson 29 Agenda No .. ~ ~ - e ,,~,.3 AGENDA INFORMATION SHEET Agenda Item._. ~ ~ '~ - ~ 'Y'-'/(" - 9" - AGENDA DATE: May 16, 2000 DEPARTMENT Planning Department CM/DCIVEACM. David Hill, 349-8314~'~.t~ SUBJECT - ALP-00-001 ($outhndge Exxon ALP) Consider approving an alternative landscape plan for a 0 61 acre gas station/convenience store site at the southeast corner of Teasley and 1-35E The Planning and Zoning Commission recommends approval (6-0) with condatlons BACKGROUND The applicant is reconstructing a gas station/convanlence store on an existing site at the southeast corner of Teasley and 1-35E Redevelopment of the site will be subject to the requirements of the Landscape Ordinance Section 31-6 (2) (a) of the code requires that a minimum of twenty percent (20%) of the gross lot area be reserved as plantable area The applicant was originally prepared to meet this requirement During the platting process, however, the applicant was required to grant a fifteen foot (15') right of way dedication along Teasley This, coupled with the small size of the lot and the amount of area needed for building and paving, reduced the applicant's total landscaped area to 16 6% The applicant has submitted an alternative landscape plan and is seeking relief from the plantable area requirement Section 31-9(2) (b) of the Code allows an owner or developer to submit an altematlve landscape plan for City Council review and approval that fails to meet the requirements of the code, but ~n the opinion of the applicant, satisfies the sprat and intent of the code ESTIMATED PROJECT SCHEDULE This property is not platted and would need to be platted prior to issuance of bmldmg permit The interim nonresidential development regulations (Ordinance 2000-069) will also require that a Project Plan be submitted and revmwed by City Council prior to issuance of a braiding permit P&Z RECOMMENDATION The Planmng and Zoning Commission recommends approval (6-0) of this zoning request with the following condition 1 The appheant shall consider an alternative plant palette which seeks to find species best suited to withstand the harsh environment of the property Approval of final species list will be by bmldmg inspections department at time of msuance of building permit OPTIONS 1 Approve as subrmtted 2 Approve with conditions Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zomng Commission Report, April 26, 2000, ALP-00-001 2 Planmng and Zoning Commission minutes from April 26, 2000 3 Draft Ordinance Respectfully submitted Director of Planning and Development ATTACHMENT 1 Agenda No Agenda Imm PLANNING AND ZONING COMMISSION Da , v-~- oo STAFF REPORT Sub,ect Southndge Exxon Case Number ALP-00-001 Stiaff Thomas B Gray, Planner I Aqenda Date Apnl 26, 2000 Review an alternabve landscape plan and submit an advisory op~mon to City Council regarding m~nlmum landscaping area for a 0 6 acre gas stat~on/convemence store s~te at the southeast corner if Teasley and 1-35E LOCATION MAP Locat,on Southeast corner of Teasley and 1-35E S,ze 0 61 Acres ALP 00 00] P&Z Staff Report Applicant Surveyors & Engineers of North Texas, Inc Owner Douglass Development 1621 Amanda Court 325 E Forest Ave Ponder, TX 76259 Sherman, TX 75090 The apphcant IS reconstructing a gas stat~on/convemence store on an ex~stmg s~te at the southeast corner of Teasley and 1-35E Redevelopment of the s~te w~ll be subject to the requirements of the Landscape Ordinance Section 31-6 (2) (a) of the code requires that a m~nlmum of twenty percent (20%) of the gross lot area be reserved as plantable area The applicant was ong~nally prepared to meet th~s requirement Dunng the platting process, however, the apphcant was required to grant a hfteen foot (15') nght of way ded~cabon along Teasley Th~s, coupled w~th the small raze of the lot and the amount of area needed for building and pawng, reduced the apphcant's total landscaped area to 16 6% (see enclosure 1) The apphcant has submitted an alternative landscape plan (see enclosure 2) and m seeking rehef from the plantable area requirement Section 31-9(2) b of the Code allows an owner or developer to submit an alternative landscape plan for City Council review and approval that fa~ls to meet the requirements of the code, but in the oplmon of the apphcant, satisfies the sprat and ~ntent of the code The Planmng and Zomng Commission shall rewew the alternabve plan and submit an adwsory oplmon to the C~ty Council prior to C~ty Council action The apphcantlhas presented an alternative landscape plan, which has been rewewed by staff (see enclosure 3) The number of trees and shrubs provided greatly exceeds the number reqmred by the ordinance, and staff feels that th~s offsets the lack of sufficient plantable area G~ven the constraints created by the small raze of the lot and the nght-of-way dedications required, staff feels that the alternative landscape plan meets the intent of the Landscape Ordinance Staffs one area of concern regards the vlablhty of the species of plants provided The enwronment created by a gas statlon/convemence store at the corner of a busy intersection ~s harsh and can have a negative affect on surrounding vegetation In order for th~s alternabve landscape plan to be successful, hardy and durable vegetation, which can w~thstand the harshness of th~s enwronment, must be planted Staff recommends that the apphcant consider an alternabve species palette best suited for surwvab~hty ~n thru enwronment Staff proposes to work w~th the apphcant in determining what species are appropriate for th~s site ALP O0 001 P&Z Staff Report Staff recommends approval of an ALP-00-001w~th the following cond~tlon 1 The apphcant shall consider an alternative plant palette which seeks to hnd species best suited to w~thstand the harsh enwronment of the property Approval of final species hst w~ll be by building ~nspect~ons department at t~me of ~ssuance of build~ng permit move to recommend approval of ALP-00-001 w~th the following condition The apphcant shall conmder an alternative plant palette which seeks to find species best suited to w~thstand the harsh enwronment of the property Approval of hnal species hst will be by building ~nspectlons department at t~me of ~ssuance of building permit 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Letter from Apphcant 2 Proposed Alternative Landscape Plan 3 Staff Analyms of Landscape Plan ALP 00 00~ P&Z 5b:3~ Repo[l; 3 ENCLOSURE 1 Surveyors & Engineers of North Texas APR 7 2000 1621 Amanda Court , Ponder Texas 76259 ~ PH (940) 482 2906 ~ ~ FAX (940) 482 2911 Toll Free (877) 481 SENT WWW SENTCORP COM Friday, April 07, 2000 Larry Retchart Director of Planning City of Denton, Planning Department Ctty Hall West Denton, Texas Re Altemattve Landscape Plan, Southrldge Exxon Mr Retchart, Thts Alternattve Landscape Plan m being subrmtted due to the mabthty to meet the 20% mnumum landscaping reqmrement m the C~ty of Denton's Ordinance The plan as subnutted contams 16 6% (4,407 sq it / 26,572 sq ft ) of landscaped area This lower percentage ~s caused by I Thesmalls~zeofthelot (061Ac or26,572sq it) 2 15, ofRaght.of. Waybe~ngdedlcatedalongTeasleyLane(l,895sq ft or 6 5% ofthe total land area ) o Prior to ROW dedication a total of 21 5% of the area was to be landscaped (4,407 + 1,895 / 29,185 ) 29,185 being the sq fl of the land prior to platting As one may see m the plan, the rmmmum requnrements of the Ctty's Ordinance are exceeded and the purpose of the Ordinance is met It ts our goal to bmld the most beauuful eonvemence store s~te Denton has ever seen - in one of the most visible mtersecUons of the c~ty We beheve that tins landscape plan helps us m aehtevmg that goal Attached Landscape Plan ENCLOSURE 2 ~ ~ / / ~ / / / ENCLOSURE 3 LANDSCAPE ORDZNANCE COMMENTS DEVELOPMENT REVXEW COMMx'rrEE NONA ELAINE MUNCIE, LANDSCAPE PRO3ECT COORDINATOR BUILDING INSPECTIONS (940) 349-8360 Pro]ect Name: Southndge Exxon Alternative Landscape Plan Case Manager: Thomas Gray General comments The intent of the Landscape Ordinance is to protect and preserve healthy trees in their natural habitats by encouraging the use of natural terrain for building s~tes To avoid clear-cutting and mass grading, the DRC staff will assist the developer to determine that reasonable construction design principals have been employed to minimize land d~sturbance A clearing and grading permit shall be required prior to the commencement of clearing and grading activity Tree inventory plans shall be required prior to prehm~nary plat approval Landscape plans shall be required prior to final plat approval Landscape plans are rewewed for code compliance prior to building permit Issuance Landscape Ordinance summary sheets and preferred format checklists are available at the Building Inspections office ~rT IS HXGHLY RECOI4MENDED THAT ALL DEVELOPERS AND BUXLDERS PURCHASE AND THOROUGHLY UNDERSTAND THE LANDSCAPE ORDINANCE AT THE EARLY STAGES OF PROPOSED LAND DEVELOPHENT, I recommend approval of the alternate landscape plan with a d~fferent plant palette 2 In my opinion, the proposed plan ~s a creative use of avmlable space on a limited lot The number of shade and ornamental trees greatly exceeds the minimum requirement The pocket landscapes will be very attractwe green islands I beheve the trees offset the 3 2% less plant beds normally required 3 My only concern for the plant palette is the harsh urban setting The reflected heat of the concrete, shallow plant beds, exhaust fumes, and the strong traffic wind takes a toll on all landscapes Does the L A have photos of a commercial project with a s~mllar enwronment that ~s healthy and thriving after 3-4 years7 4 Native plants do well in native so~ls m their individual, natural environments Pocket landscapes hke th~s require trees, shrubs, and color that have a proven history in unnatural situat~ons an urban convemence store and gas stabon I suggest a blend of native and adapted plants that are readily available from local growers 6 ATTACHMENT 2 Page 3 I P R O C E E D I N O S tment will provide us with the staff report Sir MR ENOELBRECHT ooed evening, ladies and 2 MR GRAY Yes, thank you Okay This is an At th~s time, I'd hka to call to order the 3 alternative landscape plan This ts something that corees of the Planning and Zonm~ 4 to the Planning and Zoning Commission rarely but it does 5 come every so often Whenever a -- under, of course, the 6 6 Landscape Ordinance, this process ts written into thc 7 a of the 7 ordinance by which a developer can request a variance from 8 t corrections 8 the requu'ements of the Landscape Ordinance This case ~s 9 or a motion? 9 at the southeast comer of I-35 and Teasley The 10 Ma 10 applicant is remodeling a gas statlon/convemence store 11 2000 meeang 11 I think there's an existing structure there that's being 12 MS APPLe 12 demohshed and remodeled It ts a very small site Thc 13 MR 13 site has never been platted And, of course, xn order to 14 to approve Vote, please unanimously 14 get a braiding permit to remodel, they need to plat tt 15 We'll move on ~ 15 The site is currently almost half-an-acre, perhaps a 16 wluch has thxx:e items n we 16 httle blt larger than half-an-acre 17 17 And at DP, C one of -- the Development Review 18 MR 18 Committee, one of the requuements staff had was the 19 like to 19 taking of a right-of-way strip along Teasley And this is 20 Adthtlon It: 20 for right of-way utilities type of information 21 Traffic 21 Leavmg this already -- making th~s already 22 22 small site even smaller, the landscape had originally been 23 23 set out to be 20 percent, a little bit more than 20 24 24 percent, tn fact, of the property was going to be 25 landscaped as reqmred by the Landscape Ordinance But Page 4 I after th. ts right-of-way dedication was made, it went 2 shghtly under 20 percent So the apphcant has provided 3 an alternative landscape plan for your consideration 4 The number of trees and shrubs provided 5 greatly exceeds the number, the amount reqmred by the 6 ordinance and we feel that this offsets the shortcoming In 7 plantable area The idea of the alternative landscape 8 plan ts to provide something that even if it doesn't read 9 the letter of the ordinance, it meets the intent of the 10 ordinance And we behove this does stmply becau% we 11 think one aspect of the ordinance ts offset by a lack of 12 the other And given the constraints created by the small 13 space and the right-of-way restrictions, we feel that thl~ 14 ts a viable hardship, an actual hardship and that this 15 meets the mtent of the Landscape Ordinance 16 Our one area of concern regards the vtabihty 17 of the species of plants provided We are concerned about six to zero 18 some of the species in this environment This bemg a gas 19 We have one item for mthwdual cons:desatlon 19 station at a comer of a busy intersection, there's going 20 th~s evening That's Agenda Item No 5, rewew an 20 to be a lot of heat and smoke and fumes and whatever $o 21 altemaove landscape plan and submit an adwsory opinion 21 staff would hke to continue to work with the applicant on 22 to City Council regarding the landscape plan for a 22 perhaps choosing some alternate species But that can be 23 proposed gas station/convenience store located at the 23 done as the braiding permit process contmoes 24 southeast corner of Teaslay Lane and 1-35E And I behove 24 So, in a nutshell, we recommend approval of :25 Mr Gray is going to provide us -- from the Planning 25 ALP 00 001 with the condmon that the apphcant consider PLANNING[ AND ZONING COMMISSION APRIL 26, 2000 Page 1 - Page 4 7 Condena~ltTM Page Page alternative plant palette, seekang to find species best 1 this would then go onto City Council for final approval 2 suited to withstand the environment created by this gas 2 just, I guess, as an exaction variance, smular to an 3 station and that staff will approve a final species list 3 exaction valiance in that it follows the same process An 4 at the time that the bmldmg permit is ~ssued And I'll 4 advisory opinion is what, I guess, what the Planmng and 5 be happy to answer any questions 5 Zoning Commission thinks about this alternative landscape 6 MR ENGELBRECHT commissioners Mr Rlshel 6 plan 7 MR RISHEL would you point out the 7 MR ENGELBRECHT All light We could say 8 right-of-way that was clarmed again? 8 something to the extent that we would hke to sec 9 MR OIl. AY okay It's this strip right here 9 drought-tolerant plants and 16 percent ~s sufficient and 10 There are two black lines and it's this black line, the 10 et cetera and et cetera 11 area between these two black lines right here 11 MR GRAY I m certain that you could add 12 MR RISHEL And the species that you're going 12 conditions as you would for any zoning case 13 to recommend, will that be things that don't take water 13 MR ENGELBRECHT All right Thank you Mr 14 being this Is going to be a long hot summer~ 14 Rishel, did you have a question9 15 MR GRAY That's a question I should probably 15 MR RISHEL It looks to me like, with the way 16 refer to th* person on our staff who handles the Landscape 16 they have this draw out, that the owner may he mmntammg 17 Ordinance 17 part of the right-of-way anyway Is that the way I read 18 MR RISHEL IS that something we have worked 18 this plan9 I mean, is some of that going to be green 19 in to solaae desn'able plants that are heat-tolerant that we 19 space that's actually tn the right of-way that he's 20 need to be thinking more and more about m our landscape 20 expected to maintain9 21 things that we're recorm~endmg to people for long-term 21 MR GRAY well, I think m the right-of way i 22 existence? I'll just pass that along 22 think, tf it's within the light-of-way, I assume ~t would 23 MR GRAY Okay 23 be the City's respons~hihty to maintain ~t, because th~,rc 24 MR RtSHEL Thank you 24 will he green space here along either side of the 25 MR ENGELBRECHT Are there any other 25 sidewalk Right Okay, owner maintained Page 6 Page 8 questions9 Mr Powell, did you want to make a comment9 I MR RISHEL SO ~t looks like that it's just 2 MR POWELL 1 know this is going to be a 2 kind of going to be a continuation but it's gomg to bcm 3 short lneeting so I might as well talk, nght* No I 3 the light-of-way and he's going to continue to mmntmn 4 wanted to point out to the Planning and Zoning Commission 4 that So as you look at the thing as a big picture, ~t's 5 that we have looked at plant spectea as part of the Code 5 going to be landscaped anyway So it's almost - 6 Committee work We're looking at revising those elements 6 just trying to follow the letter of the law and apply it 7 through the Landscaping Plan But the Issue, especmlly 7 MR GRAY Right Yeah, it will still be, 8 with being this Stage 2 drought, plan and spea~as 8 between here and Teasley, it will still be -- for the 9 tolerance and water consumption is something that we are 9 actual pavement of Teasley it will still be green space 10 looking at and we hope to provide for plant matelials that i0 MR RISHEC It might help the City Councd 11 will help las with that ~ssue and probably allowing 11 you factored in what he potentially would be maintaining 12 alternative planting schedules 12 and planting anyway and looked at that, as well as what',, 13 Obviously, ff you plant m the middle of the 13 actually his property less the right-of-way Just pass 14 surmner because that's when you're bmldmg, it's probably 14 that on 15 not the best time to plant And how we can make those 15 MR ENGELBRECHT Mr Moreno 16 mechamsms so we can work with developers to provide 16 MR MORENO Yeah, just kind of for my 17 landscaping, but make it appropriate 17 education on this plant list that's on the plat here, 18 MR RISHEL Oreat Thank you 18 which ones of these plants are you not recommending 19 MR ENGELBRECHT Any other queatlons9 Mr 19 MR GRAY okay I will have to defer to our 20 Gray, the Agenda reads to submit an advisory opinion to 20 landscape specialist, Nona Muncle 21 the City Council Would you please explain what an 21 MR MORENO That's just for my personal 22 advisory opinion Is for those m attendance? 22 knowledge, truthfully 23 MR GRAY okay An advtsory opmlen is, I 23 MS MUNClE ~'m Nona Muncie l'm the 24 guess it's similar to a recommendation in that this -- 24 landscape project coordinator for building inspections 1 25 according to the requirements of the Landscape Ordinance, 25 had concerns about the httle leaf linden and the caddo PLANNIlqO AND zOlqlNG COMMISSION APRIL 26, 2000 Page 5 - Page CondenseltTM Page 9 Page 11 I maple an}i the eastern Guama grass I haven't seen those i Ma BUSSELL Yes, sir My name ts Allen 2 used In s~tt~.ngs such as this and I thmk those would be 2 Bussell I work with Surveyors & Engineers of North 3 good trees to try but maybe tn a different settmg, not m 3 Texas, 1621 Amanda Court Ponder Texas I have tMkcd to 4 a setting hkc this 4 thc apphcani about this He has no problem with it 5 MR MORENO Not in such a harsh envn'onment9 5 whatsoever And Owen has worked -- Owen and Nona ha~c 6 MS MUNCIE Yes, sir 6 worked with us on th~s and no problem whatsoever 7 MR MOREIaO okay Thank you 7 MR MCtqEILL Thank you 8 MR ENGELBRI~CHT while you're there, so 8 MR ENOELBRECHT tdon't s~ any other 9 that's the, issues that staff is thinking needs to be 9 questions from the CommmIon Is there anyone prescm 10 worked out between now and the plat9 10 who would like to address this ~ssue9 Anyone else prcsun 11 MS MUNCIE Yes, sir And I can work with i I who would hk¢ to address this particular lssuo? All 12 Owen and make sug~estions on plants that we've both seen 12 right Inthatcase anyfinalcomments Mr Oray? 13 and do well I've seen sorec plants do well tn medians 13 Ma OP.~Y ~o Staff recommcnds approval wnh 14 There's a median that's just right across that thc Parks 14 thc conditions sated 15 Department is taking care of now and they have fountain 15 MR ENGELBRECHT CollulllSilOflerS IS thg'l'~ any 16 grass and the autumn sage And kind of to continue that 16 other comment or a motion? 17 landscape over there at the new station, I think that 17 MR RiSHEL I move to recommend the approval 18 would do well 18 of ALP oo ool w~th the following condmons the 19 MR ENGELBRECHT okay Thank you Any other 19 apphcant shall consider an ale:mate plant palette which 20 questions, Commissioners? Ms Gourdie 20 seeks to find species best sated to withstand tl~ harsh 21 MS GOURDIE 1 did want to say could you also 21 enwronment of the property Approval of tl~ final 22 make -- put plants that are easy to get m end out of for 22 species list will bo by Building Inspectors Department at 23 trash That's my adopt-a-spot And anything I could get 23 time of issuance of building permit 24 in to get the trash would be appreciated Thank you 24 MS APPLE second 25 MR RISHEL NO self mterest here 25 Ma ENGELBRECHT It'S been moved and seconded Page 10 Page 12 MS GOURDIE I know I to approve Any discussion on the motion9 I just want to 2 MR ENGELBRECHT Mr McNeil1 2 say that I'm pleased to see an alternative plan to 3 MR MCNEILL Tbereasonbe'smthts 3 anything Wc see so few of thcse One ofthe options lo 4 re-landscape posmon ts because he's takmg down the 4 any set of rules and regulations anywhexe is to bring in 5 existmg bmldmg and puttmg up a new bmldmg Is that 5 an alternative And I'm real pleased to see one I thmk 6 what foreed this9 6 it's great I hope we see more altematxve creative sort~ 7 MRGRAY Right There's an extst~ng 7 of things golng on Okay Vote, please Motioncarnc~ 8 buildmg on the site but tn order to get a budding permit 8 six to zero Thank you, Mr Gray 9 to build a new butldmg, he'll need -- the property be 9 MR. GRAY Thank you 10 plated The property has never been platted 11 MR MCNEILL SO if he moved hts station into 12 the exlstmg bmkhng, then he would not have been 13 required ,to redo this landscape? 14 MR GRAY If he wanted to leave the property 15 the way tt ts, correct 16 MR MCNEILL Right And what's the 17 apphcent's response to -- I wouldn't thmk you'd have a 18 problem What's his response to using different species 19 of plants9 20 MR GRAY well, I believe the applmant is 21 here if you would like to -- 22 MR MCNEILL Fine I'll ask him when he 23 shows up 24 MR ENGELBRECHT If you would gxve us your petition are granted 25 name and business address for the record ~ with the maximum of five minutes PLANNING AND ZONING COMMISSION APRIL 26, 2000 Page 9 - Page 12 9. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE LANDSCAPE PLAN FOR A 0 6 ACRE OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE (ALP-00-001) WHEREAS, Surveyors and Engineers of North Texas, Inc, on behalf of Douglass Development, has submitted an AltemaUve Landscape Plan for a 0 6 acre parcel at the southeast comer of Interstate 35E and Teasley Lane, and WHEREAS, Section 31-9 (2) (b) of the Landscape Ordinance, Chapter 31 of City Code, permits any property owner or developer to submit an AltemaUve Landscape Plan for City Council review and approval that fmls to meet the requirements of the Landscape Ordinance but satisfies the spant and intent ofth~s article, and WHEREAS, on April 26, 2000, the Planning and Zomng Commission reviewed the aforementioned Altematlve Landscape Plan and submitted an advisory opinion to City Council recommending its approval, and Vv/-IEREAS, the City Council finds that the aforementioned AltemaUve Landscape Plan meets the sprat and intent of the Landscape Ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Alternative Landscape Plan attached hereto and incorporated herein as Exhibit A is approved for the 0 &acre property located at the southeast comer of Interstate 35E and Teasley Lane, subject to the following conditions 1 The applicant shall consider an alternative plant palette which seeks to find species best stated to withstand the harsh environment of the property Approval of final species list will be by building inspections department at time ofmsuance ofbuflthng permit SECTION 2 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not excee&ng $2,000 00 Each day that a provision of ttus or&nanee is violated shall constitute a separate and distinct offense SECTION 3 That this or&nance 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-Chromcle, a daily newspaper pubhshed in the Caty of Denton, Texas, within ten (10) days of the date of its passage 10. Page 1 of 2 PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~TY,By i~~CIT ATTORNEY Page 2 of 2 EXHIBIT A / "'"il I'ilJl~, 'P,l'!'~l ,'l +'bi! '""'"'"" '""-,,,--~. , ,..., I ,,,.,, ,!. [ii i Il !d · ~, I ,' ! ,,,1 ' -' ~t · ti '--.e ~[~liili i'll iii i i'~ ~1 ~1.~,1s~1 ......... ~nglneers .t Agenda No 00-0~_~ Agenda Item ~, ,- AGENDA INFORMATION SHEET Date_ AGENDA DATE. May 16, 2000 DEPARTMENT: Planning and Develop.ment~ CM/DCM/ACM David Hill, 349-8314~/b X~ SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the C~ty Manager to sign and submit to the Department of Housing and Urban Development a 2000-2005 Consohdated Plan for Housing and Comm:tmty Development ~ncludlng a 2000 Actton Plan w~th approprmte certifications, as author]zed and reqmred by the Housing and Commumty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended, and prowd]ng for an effective date BACKGROUND Submlsmon of the 2000 - 2005 Consohdated Plan for Houstng and Commumty Development and the 2000 Action Plan Is a prereqmme to receipt of Commumty Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funding The plans are reqmred to be submitted on or before June 15, 2000 to the U S Department of Housing and Urban Development The 2OOO Act:on Plan serves as Denton's apphcat]on for 2000-year funding Recommendations m the 2000 Action Plan were developed by the Commumty Development Adwsory Committee and the Haman Services Advisory Committee Council members received a copy of the 2000 - 20005 Consohdated Plan under separate cover before the April 18th pubhc hearing The following pages of the plan were rewsed Please note both the page number from the original plan and the page number from this Council back-up are provided below · Page 3 (p 6 of Council back-up), Consultation and Citizen Part~clpatmn, was rewsed to include consultation of other reties m the Denton area HUD requires consultation wxth "adjacent junsdmtlons" No comments were received · Page 15 (p 7 of Council back-up), the Assisted/Affordable Housing Inventory chart was revised to include the Phoemx Apartments and Heritage Oaks · Page 29 (p 8), that hsts organizations involved m the development of the Continuum of~Care was remsed to include Habitat for Humanity · Page 40 (p 9), Lead-Based Paint Reduction Strategy - Part 2 chart was rewsed The revision deleted spec]fie dollar amounts and made other changes based on the apphcat~on requirements Staff continues to work w~th the C~ty of Lew]svdle, Denton County and other partner organizations to complete a grant apphcat~on to the Lead Hazard Control program Four pages of the 2000 Actton Plan have been rewsed Pages 2, 4 and 7 have been rewsed due to a correct~on in Denton's 2000 HOME allocation The allocation has been reduced by $1,000 Staff has Increased projected program income by $1,000 to compensate Program dollars will not change Also, the amendment to the 1997 Action Plan on page three (p 10 of Counc~l back-up) has been mwsed to allow Adult Day Care of North Texas (ADCNT) to use the $10,500 originally allocated for ~mprovements to their bmldmg on University Drive for ~mprovements to the new Camelot Street facility After completion of CDAC's funding allocatlon process, the Board of D~rectors of ADCNT approached Community Development staff and requested that they be able to retmn these funds The ADCNT Board stated that they plan to re-open the facility on May 15 Improvements to the famllty are necessary to comply w~th Texas Department of Human Services hcensure reqmrements and local codes The previous amendment realloeated funds for use in the Homebuyer Assistance Program Reallocatmn of these funds will not adversely affect the HAP program The Community Development Adwsory Committee and staff recommend approval ofthts revision ESTIMATED SCHEDULE OF PROJECT Goals and objectives d~scussed in the 2000-2005 Consohdated Plan w~ll be achieved over the five-year period Staff will begin ~mmed~ately working w~th local housing and social servmes agencies to ~mplement the plan The estimated schedule for ~mplementat~on of the 2000,4ctton Plan ~s as follows City Councl etlon Plan May 16, 2000 Submission of Actlon Plan to HUD May 29, 2000 Environmental review process May 16-July 20, 2000 Release of funds by HUD August 4, 2000 ProJect lmtmt~on August 5, 2000 Request for approval of nonprofit agency contracts October 3, 2000 ProJect completion July 31,2001 PRIOR ACTION/REVIEW (Councd~ Boards, Commissions) The Commumty Development Advisory Committee met on February 17, March 2, and March 9 Dunng these meetings they rewewed apphcanons, heard presentattons from apphcants and developed allocation recommendations The Human Sermces Adwsory Committee met on March 6, 13 and 20 Committee members developed a sconng system for apphcatlons Using the scoring system, members reviewed each apphcatlon and developed recommendations for funding of human serwces activities A pubhc hearing on the Consohdated Plan and the Action Plan was held at the City Council meeting on April 18 A second pubhc heanng was held on May 8 Comments from both hearings and other comments received are ~ncluded as Attachment B, pages 11-12 FISCAL INFORMATION Commumty Development staff ~s anticipating 1,129,810 in Community Development Block Grant funds and $539,000 ~n Home Investment Partnerships funding These amounts ~nclude projected program income Agenda Information Sheet, Page 2 All pro~lects and programs approved under the 2000 Actton Plan are funded w~th CDBG and HOME funds No general fund dollars are included in the proposed plan Commtm~ty Development D~wslon admunstrat~on costs are ptud from grant funds BID INFORMATION Each proJect/program wall be b~d accordmg to Federal, State and local laws and regulations AT?.T_~_~MENTS 1 Attachment A - Resolution, pages 4 - 5 2 Attachment B - Rews~ons to the Consohdated Plan and Action Plan, pages 6 - 10 (Agenda Information Sheet pages) 3 Attachment C - C~txzen Comments, page 11 Respectfully submitted Doug Pov~ell Director of Planning and Development Prepared by Barbara Ross Commumty Development Admm~strator Agenda Information Sheet, Page 3 Attachment A LGL\Our Documcnts\00~2000 CD action plan doc RESOLUTION NO A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER. TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2000-2005 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2000 ACTION PLAN WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Ctty of Denton, Texas, is concerned w~th the development of viable urban commumties, ~nclud~ng decent housing, a suitable living environment and expanded economic opportanltles, and WHEREAS, the C~ty of Denton, Texas, has a specml concern for persons of low and moderate income, and WHEREAS, the C~ty of Denton, Texas, as a CDBG entitlement City and a Home participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing ItS 2000-year entiflemant funds and program income in the approximate amount of $1,668,810, and WHEREAS, cttlzen participation reqmrements, including the holding of pubh¢ heanngs, have been met, and WHEREAS, the Commumty Development Act of 1974 and the National Affordable Housing Act of 1990 reqtllr¢ an appllcatmn and appropnate certifications included in the Consohdated Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Council of the Ctty of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2000-2005 Consolidated Plan and a 2000 Action Plan and appropriate certlficaUons for entitlement funds under the Housing and Commumty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended SECTION II That the City Council of the City of Denton, Texas, authorizes the Director of Planmng and Development to handle all fiscal and administrative matters related to the application, the Consohdated Plan and the cemfications SECTION III That the City Secretary m hereby authorized to furnish copies of this resolutton to all ~nterested pames Agenda Information Sheet, page 4 Attachment A ~ That thas resolut,on shall become effecuve ~mme&ately upon its passage and approval PASSED AND APPROVED tl~s the __ day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Agenda Information Sheet, page 5 Attachment B 5 Other Focus Groups - Focus groups were also conducted to gain input regarding the needs of elderly and special needs populations Results were included In the community assessment 6 Denton Family Resource Center survey - In 1997 a committee acting as part of the Denton community's "vimomng process", carried out a community assessment to determine the need for a family resource center The survey was conducted by the Umverstty of North Texas Survey and Research Center with assistance from the "Vision Committee" The survey pinpointed several areas ofhoumng needs and other needs that will be addressed m the Consolidated Plan · Pubhc Services Community Assessment - The City'S Human Services Advisory Committee in collaboration with two other local funding organizations, Flow Foundation and the United Way of Denton County, developed a commumty assassment Each participating orgamzatlon selected individuals to work as the "community assessment committee" These Individuals developed a survey, conducted a senes of focus groups and monitored the compilation of the survey results Representatives from Texas Woman's University complied the results and provided a summary of the information obtained through the process · Commtmlt¥ Development Advmorv Committee (CDAC) - Fhe CDAC reviews applications submitted to the C~ty of Denton for use of CDBG and HOME funds on housing, public improvements and economic development projects CDAC develops recommendations to City Council based on input from pubic hearings and other consultation actlvmes · Human Services Advlsor~ Committee (HSAC) - The HSAC reviews applications for public (human) services funding This year, HSAC will rely heavily on the recently completed needs assessment to determine pnontles for public services funding HSAC develops recommendations to City Council on the use of CDBG and City of Denton general fund dollars for pubhc services · Southeast Denton Neighborhood Revitahzatlon Plan - During the next year, the City of Denton vall collaborate with the citizens of the Southeast Denton neighborhood to develop a small area revitalization plan Southeast Denton is a predominately minority neighborhood w~th a concentration of low and moderate-income households The plan will address the nelghborhood's housing, public improvements and public service needs Once adopted, the plan can be integrated into the 2000 Consolidated Plan for Housing and Commumty Development · Down[own University Core Revltahzat~on Plan - A plan similar to the one described above will be completed for the Downtown University Core District The plan will touch on several areas that have a h~gh concentration of low and moderate-income households and poor housing Priorities described in the plan can be integrated into the 2000 Consolidated Plan · Area Cities - Thefollowtng cities were contacted and invited to comment on the Consolidated Plan' Argyle, Carroliton, Corinth, Krum, Lewtstvtlle, Shady Shores No comments were received. Page 3 Agenda Information Sheet, page 6 Attachment B Assisted and/or Housing for Low-Income Households The C~ty of Denton has no conventional pubhc houstng The Denton Houmng Authority administers a Section 8 program and umts of general and elderly multlfamlly housing units These units are owned by non-profit submd~anes of DHA Assisted/Affordable ~ Housing Inventory Orga~fi0~<;~[ ~ c~ [~ ~Flllld~mg~Source [ Numberof~Urats Denton Housing Rental Subsidy Section 8 652 Certificates Authority 445 Vouchers Country Park Apts Affordable Umts LIHTC 120 The Waterford Affordable Umts LIHTC 156 Texas Multlfamfly Bond 250 Pebble Brook Apts Affordable Umts Funds Fmrhaven Affordable Units Section 202 48 Fmroaks Rental Submdy Section 202 41 Denton Affordable Affordable Units Section 811/HOME 4 Housing Corp Denton Affordable Resolution Trust Affordable Umts 5 Housing Corp Corporation City of Denton Rental Subsidy HOME TBRA 13 Herttage OaAs Rental Subsidy Sectton 202 140 Phoentx Apartments Affordable Units Prtvate Bond Issue 100 Homeless, and Special Needs Housing Inventory of FacdltleS and Services for the Homeless and Spe~ml Needs Po~ulat~n~ Denton County Victims of Prowmon of emergency shelter, ~nd~vtdual & Friends of the Fmfly domestic wolence ~oup co~sehng, legal se~me refe~als, food, clothing ~d other se~mes Salvm~on ~y Homeless men ~d Prowmon of emergency shelter ~d soct~ fmthes seduces for fmlhes ~d homeless men HelpNET ' Lowqncome Infomatmn, refen~, se~ce coordination ~d households apphcat~on processing se~mes for ~ose ~n need of emergency se~lces Page 15 Agenda Information Sheet, page 7 Attachment B Salvatton A~my, Denton Corps - Provides emergency shelter to homeless men, women and children and socml services to households that are homeless or potentially homeless Veterans Services - Prowdes financial asmstance and socml services to veterans Umted Way of Denton County - Prowdes funding for local servlee orgamzat~ons Denton County Fnands of the Family - Prowdes emergency shelter and support services for vleums of d~mest~c wolence AIDS Servlges of North Texas - Prowdes rental assistance and support services to households impacted by AIDS Inteffmth Mm~smes - Prowdes emergency financml asmstance and support services to households that are homeless or potentially homeless D I S D Sogml Work program - Prowdes ~nformat~on, referral and somal work to low-~ncome households wRh children enrolled m the Denton Independent School District Denton Hotlmng Authority - Prowdes a variety of rental programs such as Section 8 Housang for those who are homeless, near homelessness, hve m substandard condmons, have houmng problems or elderly Demon Affordable Houmng Corporation - Prowde affordable housing for low and moderate- ~ncome households and special needs populations by a certified commumty development corporation Denton Police Department Family Services - Prowdes ~nformat~on, referral and counseling to low-income' households ~n contact w~th the local pohce department Denton Coqnty MHMR Center - Prowdes a variety of programs to asmst low-~ncome persons who have a severe and permstent mental illness or a developmental dmabfl~ty Denton Chr~stmn Preschool - Provides ctuldcare to children from extremely low to low-~ncome households D I S D TTRIPS Program - Prowdas socml work services, ~nfonnat~on, referral and financial asmstance with chfldcare to teenage mothers and fathers working toward graduation North Central Texas Work Force - Provides tralmng and services to persons who are unemployed and/or have hmited job skills TWU Dept, of Sociology - Prowdes techrncal and research asmsmnce to agencies serving low- income families City of Demon Conunumtv Develonment D~wmon - Provides assistance to homebuyers, home oWners who need rehabilitation or emergency repmr and homeownersh~p classes to low to moderate-~ncome households CD also prowdes techmcal assistance to agencies serving persons who are homeless and potentially homeless Habttat £or,Humanttv: Provtdes partnershtps wtth famdtes tn need to develop affordable houstng Page 29 Agenda Information Sheet, page 8 Attachment B Agenda lnfo~a~on Sheet, page 9 Attachment B To ensure citizen participation at all stages of the 2000 Action Plan process, two public hearings were scheduled on 4/18/2000 and 5/8/2000 to give citizens the oppormmty to comment on the 2000 proposed projects and activities The 5/8/2000 public hearing was held within a Iow and moderate-income neighborhood The 4/18/2000 public hearing was during a city council meeting and included a brief overview of the proposed funding and projects/act~vmes for the 2000 program year AMENDMENT TO 1997 ACTION PLAN The City of Denton also made a change to the 1997 Action Plan The following table provides details on the amendment to the 1997 Action Plan ORIGINAL AMENDMENT Adult Day Care Adult Day Care ProJect consists of rehablhtatlng an existing ProJect consists of improvements to meet facility to improve the health and safety of the requirements of the Ct~g of Denton, the facility and for the frail elderly, mentally and Texas Department of Human Services and physically impaired adults $10,500 in CDBG other interior Improvements to make their funds was allocated to project. ProJect located new facthO~ more-user friendly Adult Day at 2400 ~.. University. Care ts located at 3809 Camelot Street ProJect budget wall remain $10,500 tn CDBG funds. Page 3 Agenda Information Sheet, page 10 Attachment C CITIZEN COMMENTS ON THE 2000 - 2005 CONSOLIDATED PLAN AND 2000 ACTION PLAN Pubhc,Heanng, April 18, 2000, City Coullcll Chambers Demse Hale requested that C~ty Council reconsider funding for the Denton Dynamos Ms Hale stated that the Denton Dynamos are ~n need of new equipment, funds to pay registration fees, injury fees, food and transportation She added that the Special Olympics team would appreciate any funding that could be prowded May 8, 2000 Mart~n Luther King Jr Recreation Center Carolyn Phillips stated her support for S~ckle Cell D~sease Assoc~anon funding C~tlzens requesting Copies of the CP Carolyn Phflhps 722 Lakey Street Denton TX 76205 John Johnson 1517 Linden Street Denton TX 76201 Agenda Informanon Sheet, page 11 ' AGENDA INFORMATION SHEET agenda Item AGENDA ~ATE: May 16, 2000 DEPARTMENT: P~ks ~d Re~nDep~ment ACM: Dawd Hill ~ SUB.CT: Consider adoption of ~ or&~ee au~onz~ng ~e Cl~ M~ager or ~s designee to execute ~ ~en~em to Golf ~ge lease con. act for No~ L~es P~k m ~e C~ of Denton, providing ~ effective date BACKGROUND: ~e Cl~ of Denton ente~d ~mo a con. act w~ ~e F~d~entals Pro~, Inc dba ONCo~seUSA on M~ch 2, 1999 (E~lbit C), to operate ~e golf ~wng r~ge facility at No~ L~es P~k S~nee that time, ~e Lessee ~ abided by ~e te~s of ~e eonffact ~d Ms ~ a success~l operation ~en rewe~ng ~e operaaon, ne~ ~e end of ~e first ye~ of ~e le~e, st~f ~d the lessee requested ~t ~e wording m ~e contract be ~ended to ace~ately reflect ~e con~act a~mls~aaon practices m place Al~ou~ ~e golf ~wng r~ge opened in April, 1999, ~e ongl~l con~aet reqmres pa~ents for the second ye~ of ~e lease begin nme monks later, ra~er a ~11 e~end~ ye~ later The ~endmem (E~blt B) civiles payment ~tes ~d ~o~ts ~d acc~ately reflects ~e intent of ~e ong~ con~t O~er minor clmficatlons ~e ~so included ~e payment ~o~ts ~d te~ of the contract were not eh~ged m ~y way OPTIONS~ Approve ~en~ent to ~e ord~ce ~ presented or reqmre lessee to ab~de by the te~s of~e original eon~t ~COM~ENDATION: S~ reeo~endat~on is to approve ~e ~en~ent to ~e eon~act ~e c~ges aee~ately reflect ~e intent of ~e original con~act ~d prowde more specific l~ge for mon~ly payments ~at ge more clegly defined ESTI~TED SCHEDULE OF PRO. CT. NA P~OR ACTION~EW: C~ Co~efl approved ~e ongm~ contract Mgch 2, 1999 FISC~ INFO~ATION: F~rst ye~ revenue was $5,000 Second ye~ revenue will be a m~n~ of $6,500 or 4% of gross s~es, w~eh ever ~s ~eater BID INFO~ATION: NA E~IBIT$: A Ord~ce B ~en~ent to Con~aet C Ong~nfl Con~aet D Location Map Respec~lly submt~ed ~~~~ Ed Ho~ey, D~r~r . P~ks ~d Rec~at~on Dep~ent J~et ~p'soni ~ssis~ctor ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR NORTH LAKES PARK IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 2, 1999 the C~ty and The Fundamentals Program, Inc dba ONCourse USA (the "Lessee") entered ~nto that certain Golf Driving Range Lease Contract for North Lakes Park (the "Lease") wtuch provided for the operation of a golf range facility at North Lakes Park m Denton, Texas, and WHEREAS, the City and Lessee desire to amend the Lease to more accurately reflect the actual operaUons under the Lease, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designee Is authorized to execute an amendment to the Lease wtuch is attached hereto and made a part hereof ~ Tlus ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED fins the day of ., 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM EXII/RIT B AMENDMENT TO GOLF RANGE LEA~E CONTRACT NORTH LAKES PARK, CITY OF DENTON THIS AGREEMENT Is made as of the date sot forth below by and between the City of Denton (the "City") and The Fundamentals Program, Inc, dba ONCourso USA (the "Lessee") WHEREAS, on March 2, 1999 the City and Lessee entered rote that certain Golf Dnvmg Range Le~e Contract for North Lakes Park (the "Lease") which provided for the operation of a goffrange faolhty at North Lake~ Park m D~nton, Texa~, and WHEREAS, the part~e~ de~lr~ to amend the l.~se to more accurately reflect the actual operat~o~ under file NOW, ~ORE, m con~der~on of the mutual covenznt~ and agreements contained beret, th~ p~aes hereby agree as follows I Paragraph 2 o~ ll~ I-~mo ~ ~ded and anperceded m its eniamty ~o re~d u f011ow~ "This Lease shall commence on the 12th day of April, 1999 and shall terminate on the 11°~ day of April, 2002, unless sooner terminated as hereto provided, or unless City by thirty (30) days' nouce m writing shall t;~mmate the Lea~, when, m its judgment, it ~ deemed that ankh termuumon ~ noce~mry by opor~on of law, or pumlant to tho ~ of th~s ~reement, or It m deemed th~ tho l~med pre~ are reqmred for other City purpose or purposes The lesse may be renewed and extended upon mutual agreement of the City and the Lessee for two (2) additional five (5) yesr pmod~" 2 Paragraph 4 of the Lease is amended and superceded m its enmity to read as follows "]~1 Leases agres~ to pay to the City rent as follows a. For the first lease year, $250000 on or before April 12, 1999 and additional 11 monthly payments be~nnmoo On or before the 12~ day of each month ther~ m an amount equal to $227 27 or 2% of the gross sales for the preceding 30 day period, whichever is greater b For the second lesze year, $2500 00 on or before April 12, 2000 and add~tmnal ll monthly payments begmmng on or before the 12th day of each month thereafter m an amount equal to $363 64 or 4% of the gross sales for the preceding 30 day period, whichever is greater c For the third lease year, $2500 00 on or before April 12, 2000 and adtht~onal 11 monthly payments beginning on or before the 12t~ day of PA(~E 3 each month thereafter m an amount equal to $545 45 or 6% of the gross sales for the preceding 30 day period, whxehever xs greater Lease year m defined as being ~om April 12m through April llth of the succeeding year Gross sales ~s defined as all sales derived f~om driving range fees, food and advertising" 3 Exhtb~t B of the Lease ~s amended and superceded m its entirety to reed as follows "The nummum fee structure for mutual agreement of extension of the contract for two terms m as follows For each lease year, $2500 00 payable on or before Apnl 12~ of the apphcable lease year and 11 adchUonal monthly payments bogmmng on or before of the 12~ of each month thereafter, equal to 6% of the gross sales for the preceding 30 day period orthe l~lmmum monthly payment as set forth below, wluchever is greater F~rst 5 year extension Lease Year 2002 (4-12-02 thru 4-11-03) -mmtmum monthly payment $ 772 73 Lease Year 2003 (4-12-03 thru 4-11-04) - mtmmum monthly payment $ 836 64 Lease Year 2004 (4-12-04 thru 4-11-05) - rnmunum monthly payment $ 954 55 Lease Year 2005 (4-12-05 thru 4-11-06) - mtmmum monthly payment $1,045 45 Lease Year 2006 (4-12-06 thru 4-11-07) - mmunum monthly payment $1,136 36 Second 5 year extension Lease Year 2007 (4-12-07 thru 4-11-08) - n-ammum monthly payment $1,136 36 Lease Year 2008 (4-12-08 thru 4-11-09) - m~mmum monthly payment $1,227 27 Lease Year 2009 (4-12-09 thru 4-11-10) - m~mmum monthly payment $1,318 18 Lease Year 2010 (4-12-10 thru 4-11-1 I) - m~mmum monthly payment $1,409 09 Lease Year 2011 (4-12-11 thru 4-11-12) - m~mmum monthly payment $1,500 00 4 All other terms and condat~ons contmned m the Lease that are not expressly amended or changed by tlus msmunent shall remain m full force and effect SIGNED as of the day of ,2000 CITY OF DENTON, TEXAS By M~chael W Jez, C~ty Manager PAGE 4 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY THE FUNDAMENTALS PROGRAM, INC PAGE 5 EXHIBIT C GOLF DRIVING RANG~.. LEASE CON-i-iO~CT THIS AGREEMENT made this h._~_~ y ~_,~~etween the City of Denton, (hereto referred to as the "City"), and residing at 321 E IVicKumey, Denton, Texas, and The Fundamentals Prnaram.lnc dba ONCourseUS.~ (hereinafter referred to as the "Lessee"), and residing at 2509 E, Windsor, Denton, TX 76201 WITNESSETH WHEREAS the City of Denton, sctmg through its Dep~,,ent of Parks and Rscreat~en, has juns(hction over the park and recre~on re'cas and fscdlt~es of the City and destres to continue to prowde a Soft driving range operation at North Lakes Park, Denton, Texas, for the accommodation of the public, and the Lessee destres to obtain penmssion to operate smd sennces; NOW, THEREFORE, m consideration of the pronuses and the mutual covenants and agreements contained hereto, the parties hereby agree as follows I The City hereby grants to Lessee end Lessoe hereby accepts from the City a lease to operate n golf (In ong range opera,on for the period harem stated and subject to all of the terms and condmons hereto contamad, the following described property A portion of North Lakes Park tn the City of Denton, Texas, designated on Exlub~t "A", a copy of wtuch is .n~ched hereto and incorporated by reference hereto 2 SL , '¢ommenceonth ,o/ a ' , and on th. of sooner term,.ated as hereto prov dad, or unless City by tlurty (30) days' notice m wn~ng shall te*~..nato the Le~e, when, m its judgmont. it is deemed that such ternunat~on is neceas~y by the operation of law, or pursuant to the terms of tlus agroemont, or it is deemed that the leased premises are reqmrad for other City purpose er purposes. The lease may be renewed and extended upon mutual agreement of the City and the Lessee for two (2) adcht~onal five(5) year periods. 3 1~ The ~ shall post the hours ofoper~on of the Golf Driving Range m a conspicuous place m the leased are.. The Lessee shall have the right to make wntton apphcatmn to the Dm~ctor of Parks and Rscre~en for a change m the hou~ of open.on of the Golf Driving Range, which, upon the ~pproval of the Dm~ctor, .-.h~!l become the temporary hours of operation of the Golf Driving Range The Dn-ector reserves the right to revoke the contract of the Lessee if the Lessee does not adhere to the schedule of operations Lessee agrees to operate such Lease for the accommodation of the pubhc using the s~d facility dunng such seasons sud such tm~es and m such manner as the City may reasonably pres~nb~ 4 Rontai The Lcsse~ agr~s to pay to the CIty an annnal fce, plus a perc~ntage of gross sales of driving range f~'s, food, and advertising (sales taxes ~xcepted) al~r annnal foe has ~ paid 1999 Payments ar~ to be $$,000 00, to b~ made as follows $2,500 at signing of tbe PAGE 6 agreement and the remaining $2,500.00 m monthly matallments to be derived fi'om 2% of the gross sales of driving range fees, food and edvertmng sales to ~ual or exceed the balance Year ~.,~-,.,~ ~..,~.ou,~ m oe aenve~ ~rom a 4% percent of gross sales of driving range fees, food. and advertising to equal or exceed the balance Year 2001 payments are to be $8500, made as nvea xrom a o'/o percent ot gross of ctnvmg range fees, food, and advemsmg to equal or exceed the balance The five-year renewal options mil continue w~th a payment schedule attached~ as exhibit "A" Payments by the Lessee shall be made to the City of Denton and delivered to the Department's official address. 5. A~141I~. The Lessee agrees to keep the books of account end records of all operations and to establish systems of bonkkeepmg and sconuntmg m a manner satisfactory to the Dtrector and to l~tm~lt all tl~o~l of sa~d books and records by the Dtrector whenever such mspecaon is deemed necessary. 6 Utthaes. The cost of water, gas, electricity, end telephone service used m the operations wdl be prod by the Lessee If no water, elecm¢ or gas meters are installed, the amount of water, gas, end elec~city may be estm~nted by the Dtrector of Parks and Recreatmn and the cost of m~..h use will be I~ud by the Lessee Should the Lessee neglect to pay any charges for elscm~ty or other eerviees supphed by the City when the same shall become clue and pa)able, .then the amount of said charges shall forthmth become a part of end be added to the Lease fee and shall under all eu'cumstences end concht~ons be considered and be collect~ble ruth the next Lease fee then due Fmlure to pa), shall result tn t~rmma~on of tins contract. The Lessee may have a telephone installed for private use, at the Lessee's own expense, end shall pay the monthly bdl for same 7. F.~ It ss understood and agreed thnt_ the Lessee shall have the use of all fixed eqmpmeat now on the leased prermses belonging to the City, hsted on the schedule of fixed eqmpment on file tn the office of the Depar'anent of Parks and Recreation The Lessee agrees to supply, mamtatn, and replace at the sole cost end expense of the Lessee all expendnble eqmpment such as tractors, office eqmpment, ball-cleaning machines, and other eqtapment requtred for the proper operation oftl~s hcense Title to all eqmpment provided by the Lessee, except fixed eqmpment belonging to the City end hsted on the schedule of fixed eqtapment, ~nll r~Ram with the Lessee, and such eqmpment shall be removed by the Lessee at tcnl.mntlOR of this Leas~ exc,~ as her~ provided m clause "Violations" Should any such property remain m dezmeed pren~ses at, er such expLra~on or termmatmn, the Du'ector may deal w~th such as though same had been abandoned and charge all cost end expense recurred m the removal thereofto the Leasee The Lessee's obhgat~on to observe end perform all of the terms end covenants of tlus Lease shall sur~ve the expu'at~on or other termination thereof Should the D~rector det~,mme that eny eqmpment tnstalled by the Lessee not appearing on the schedule of eqmpment belonging to the City may be removed vnthout inJUry or damage, the Lessee shall remove such eqmpment end deal therewith as Lessee's own personal H \Wo~d Docs~GoHDt~vm~paaseComra~do¢ PAGE 7 property 8 Mmntennnce of Facd~tv or O~e_ rattan, and lm?rovemenLq to L~,__o.d Prem~s The Le~ze, Mth the knowledge and approval of the Director, may install future structures, braidings, and eqmpment deemed nzcessary for the proper operation of tlu$ Lease and shall be responsible for full payment for same. and shall maintain all ~ur~, braiding% and eqmpment, fixed and expendable, m good order and repa~ at the Lessee's sole cost and expense during the t~im of the Lease, Plans and spe~ifica~ons for all additional and fixed s~x~-~ures, braidings and eqmpment shall be subnumst to the Director for approval before being placed, bruit, dehvered to or installed m the leased prenuses, and the braiding or installation shall be subject to w. spectmn and approval by the Duper Title to all fixed structures, bofldmgs or equipment al'mil vest m the City munediately upon its being hmlt or brought into the lea~l prem~scs. Bdls of sale or other ev~den~ of purr2u~e shall be dehvered to the Cfly Mthm nmaty (90) days after construction or dehvery as hetemabove mentmned, and the schedule of fixed structures, bmldm$s or ~lmpment 9hall also hst and include the exact construction or m't~cles, which have become the property of the City during the term of this Lease The Lessee, at the sole cost and expense of die Lessee, shall maintain that portion of the North Lakes Park assigned to Lessee m full and complete ~pmr to the ~sfact~oo of the Du~ctor during die term of this Leese. The North Lakes Driving Range area of the North Lakes Park, together w~di all s~uctures, braidings, and eqmpmant, shall be returned to smd City tn good order, con&t~un, and repair 9 Saturation The Lessee shall keep the North Lakes Driving Rallge toe boxes, admission/concession facthty, and the surrounding area for a distance of fifteen (15) feet clean and neat at all tunes Mowing and ground mmntenance of the range away fi.em these specified areas will be the sole responslblhty of the City Removal of refuse shall be die respons~hty of die Lessee who shall see that refuse pickups are made as often as required w~diout accumnlat~on 10 ~ The Lessee shall post in a conspicuous place mmde the concession area a Imce list of all articles offered for sale. This price list .~ho!! be submitted to die Director each season before die beginning of operetton with a schedule of articles to bo offered for sale only as such articles and at such prices above cost as have been approved by the Director Such prices may be changed from t,me to time by a~reement between the parties hereto The schedule of prices approved by the Du'ector shall be printed, fi.amed, and displayed at die expense of die Lessee 11 ~ The Lessee will personally operate smd personnel satisfactory to the Director, and die Lessee agrees to replace smd pe~onnel or any employee, whenever demanded by die Director, upon due cause being shown The Lessee agrees to have a sufficient number of personnel, on duty at such leased areas for the proper operetlon of this Lease Lessee must H \~'ord Docs'~oll~nvmsl~nseC, oam, ccdoc PAGE 8 comply mth ~11 State and Federal regelatlens, mclu&ng the American Dlsabtlmcs Act, and must practice Affu'mat~ve Action m comphance with the City of Denton's pohcles 12 Permits. Thz Lessee shall procu~ at its own cost and expense all permits or hc~ns~s n~essary for the legal operation oftl~s Le~e 13 Lease. It ts expressly understood and agreed that dm~n8 the term of the Lease, the Lessee shall have the use of the leased premmes as hereto provided, and the Lessee has the nght to occupy the space ssSlgfled to it and to oper~ the Lease hareby granted to it and to continue m possession thereof only so long as each and every prowslon and condmon hereto contained Ls properly complied w~th 14 A~SJSllO]~AJ~ The Lessee shall not sell, mortgage, rent, assign or parcel om the Lease granted, or any interest thereto, or allow or p~,udt any other person or party to use or occupy any part of the prenuse covered by this Leass for uny purpose whatsoever without first ob~mmg written consent of the Director, nor shall the Lease b~ mmsferred by op~at~on of law, fl being the purposs and spirit of this ms~rumunt to grant flus lease and prlwlege personally and solely to the Lessee hereto named. 15 ~ The ~ agrees not to employ callers, criers, or use s~ges or ny other m~ms of soh¢ifing business without th~ approval of the Direotor, and agr~M not to edvemse said Leass m any manner or form on or about the prenuses leased to it, or elsewhere, or m any newspaper or otherwise, without such approval 16. ~tera~o~ Any such repmrs, alterations, decorations, adcht~ons, or unprovements shall be made at the sole cost and expense of the Lessee, and shall become the property of the City ~m~chately ~Jpon their anllcxatlon to the delmsed premises. 17 ~ If bulldmgs or structures are damaged m suy way whatsesver by reason of any act or onusslon of Levee or tis employees, then the Lessee shall raper at its own cost and expense the braiding or structu~ so damaged. Upon the fmlure of the Lessee to make such repair~ the Director may repair such damage at the cost and expense of the Lessee 18 Insoectlon The Lessee agrees that at all tunes free access will be g~ven to Representatives of ~e Director, the DepaAment of Health and other c~ty, county, state, or federal offioals harms junschctlon for mape~on purposes The Lessee further agrees that if not~fied by the Duster or the Director% representatives that any part of the leased pren~ses or the facllmes thereof IS un~qt~sfactory, the Lessee will remedy the s~me at once 19 ~ The Lesses hereby expressly wmves any and all claim* for compensation for any and all loss or damage sustained by reason of any defects, deficiency or unpau~ment of the electrical apparatus or wire furnished for the leased prenuses, or by reason of any loss of any gas supply, water supply, heat or current wJuch may occur from tLme to tune from any cause, or for any loss resultm8 from fire, water, tornnflO, explosion, c~v~l commotion or rlo~ or any act of (]od, and the Lessee hereby expressly releases and chscharges the City, its agents, officers, and employees from any of the causes aforesmd and agrees to hold them hannlesst therefore, including attorney fees, W any H ~Wo~l D~s~olfl~tvingRangeCon~doc PAGE 9 20 Public Interference The Lessee hereby expressly w~uves any and all claims for compensation for any and all damage or loss sustained by reason of any mterference by any public o~clal or agency, m the operat~en of tlus Lease 21 ~I~R~I~. The Lessee assumes all risks of operation of the North Lakes Driving Range and agrees to comply w~th all federal, state, and local laws and regulations and orders of the City of Denton affecting the leased premises m regard to all ma~rs The Levee expressly agre~ to hold the City, its agent~ officers and employees harmless from any and all claims arising out of any wolat~on of any law, rule, regulations, or order, and f~om any and ali clanns for loss, damage, or inJUry to persons or property of whatever land or nature arising from .the operation of flus Le~e, whether the same are caused by the sole neghgenc~ of Les~e or tbe joint negligence of the City and the Lessee, and the Lessee expressly agrees to mdemmfy the City, its agents, officers, and employees to the extent of any recoveries against them in~hmudoally or jointly arising fi~m san~e 22 Insurance ~ All msorenee policies obtained shall comply w~th the folio.wing gen..eral ?eofi.catio. ns, and shall be maintained m comphanee w~th these general speot~cauons ~ me dunmon oflhe Lease, or longer, tt'so noted. - Each policy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A M. Best Company rating of at least A Any deductibles or self-insured retentions declared m the subnuRed proposal shall be met. ff requested by the City, the insurer shall reduce or ehmmnte such deductibles or self-msured retentions w~th respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related mvest~getioas, clmm adnutnstrat~on and defense expense~ - Llablhty pohc~es shall be endorsed to provide the foilowmg 1) Ns. me as additional insured the City of Denton, its o~clals, agents, employees, and vohmteers. 2) That such insurance is primary to any other manrance available to the ndthtional insured w~th respect to clam~s covered under the policy and that this msurence applies separately to each insured against whom cla!m is made or stat is brecht. The mclnslun of more than one insured shall not operate to morease the insurer's lmut of habflity All pohcles shall be endorsed to provide tlurty- (30) days' pr~or written notice of cancellut~on, non-renewal or reduction tn coverage Should any of the required insurance be prowded under a claims-made form, Lessee shall maintain such coverage continuously throughout the term of tlus contract and, w~thout lapse, for a parted of three years beyond the contract expu'~lon, such that occurrences arising dunng the conu'act term, which gwe rise to clmms made after explrstlon of the contract shall be covered - Should any of the requu~d insurance be provided under a form of coverage that mclud~ a general annual aggregate Imut providing for clmms mvastlgat~un or legal defense costs to be included m the general annual aggregate Ilmlt~ the contractor shall either double the occurrence lurers er obtain Owners and Contragtors Protective Lmbdtty Insurance Should any reqmred insurance lapse during the comract t~tm, requests for l~yments originating after such lapse shall not be processed until the City recewe~ satisfactory ewdence of remstatad coverage as required by flus conlract, effective as of the lapse date ff insurance Is not reinstated, City may, at its sole option, term,n~t~e flus agreement effectwe on the date of the lapse S_D~CIf~C AddltlO~ lnm,~nn~ ~t~_.~j.~.:a ~ If~co pOll¢l~ pFoposed of obtsltl~d m sat~sfactmn of th~ Lease shall additionally comply w~th the following marked specifications, and shall be maintained m comphance ruth these ad&tmnal speclficatmns throughout the duration of the Conlract, or longer, if an noted A General Lmbd~w Genend Llabdity msuranco w~th combined single lumt~ of not le~.s than $1,000,000 shall be prowded and maintained by the Lessee The pohcy shall be written on an occurrence basis either m a single policy or m a combmat~un of underlying and umbrella or excess poh¢les If the Commercial General Lmb~hty form (ISO Form CG 0001 Current Echtmn) Coverage A shall include prenuses, operatmns, products, and completed operations, independent contractors, contractual habdity covering flus contract and broad fo~m property damage coverage Coverage B shall include permnal injury - Coverage C, medical payments, Is not requ~ed. If the Comprehen~ve General Llab~hty fofm (ISO Form GL 0002 C~t F_xht~on and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damnge Lmbd~ty for prenuses, operatmns, products and completed oporat~ons, independent contractors and property damage resulting from explosion, collapse or underground (XCL0 exposures Broad form contractual habdity (preferably by endorsement) covering flus contract, personal mjm-y habd~ty and broad form property damage habdlty H \Wo~d Do~s'~olfl)nvtng, Rans~.,Cemrao. doc PAGE 11 B Automobd~ L~*hd~tv Insurane__~ Comprehensive or business Automobile Liability insurance shall be provided by the Lessee w~th iunlt8 of not less than $500,000 per occurrence either m a single pehcy or m a combination of underlying and umbrella or excess pehcles Ttus policy w~ll include b~hly injury and property damage liability arising out of operation, nuontenance or use of any auto, including owned, non-owned and lured automobiles and employee non-ownership use (ISO Form CA 0001 Current C Workers Corn_Dm~.~nt!O.q ln~a~r~O Conlractor shall purchase and maintain Worker's Compensation insurance wluch, tn addition to mcetmg the m,mmum statutory requirements for issuance of such msm'anee, has Employe~s Lmbflfly imms of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy lumt for occupational &sense The City need not be named as an "Ackht~onal Insured" but the insurer shall agree to vauve aH rights of subrogn~on aga, n~ the City, ~ officials, agents, employees, and volunteers for any work performed for the City by the Named Insured, 23 Y.~. Should the Lessee breach or fail to comply Mth any of the prowmons of tl~s agreemeot, or federal, state, or local laws or any rule, regulation or order of the Department of Parks and Recreation affecting the Lease or the leased premises tn regard to any and ali matters, the D~rector may, m wntm& order the Lessee to remedy such breach or to comply w~th such prowsions, laws, rules, regulations, or order, and m the event that the Lessee finis to comply Mth such written order w~lun forty-eight (48) hours f~om the receipt thereof, then tlus Lease shall ,mmedlately terminate and end as though it were the t~me prowded for the t.~rr~nnt~on thereof If ~ud breach or failure to comply zs corre~ and a second or repeated v~olat~on of the same rule, prows~on, law, regulatzon or order follows thereafter, the D~rector by not~ce m writing may revoke or tertn~nnt~ this Loaso, 511~h revocatlofl and termination to unmechately become effective on the mmhng thereof, the Lease to t~niimnt_e as though it were the tune provided for the t~i.-~at~on thereof Should the Lessee be convicted ofa crtme related to or affecting the operation of the Golf Dnvmg Range, the D~rector may tzrmm~to th~.~ Lease by not~ce tn wntmg ~mmechatoly effective on maflm~, the Lease to temunate as though it were the tm~e provided for the t~mmntlOn thereof Should the Dn'ector, m lus/her sole judgtnent, decide that the Lessee is not operating the Lease hereto granted m a satisfactory manner, then the Dtrector may terminate tlus Lease by not~ce tn wn~ng smmedmtoly effective on marling, the Lease to te~i!flnate as though it were the Hllle provided above for th~ t~s.ilnntlon th~'~of IH th~ event the Lease terminates as aforesmd, or for any reason wh~t_~oever as elsewhere prowded m tlus Lease, all rights of the Lessee thereto shall be forfeited Mthout any clmm* for damage, compensation, refund of its investment, if any, or any other payment whatsoever against the D~rector or the City In the event tlus Lease terminates as aforesaid, any property of Lessee w~thm smd H ~Wotd Docs~3olfl~vtn~Ran~nttnculoe PAGE 1 2 Lease area may be held and used by the City m order to operate said Lease dunng the balance of the calendar year and may be held and used thereafter until all indebtedness of Lessee hereunder at any time of termination of this license Is paid m full 24 Not, ce Where prows~on Is made berem for no~lce to be ~ven m writing, the same may be ~ven by mailing a copy of such not~ce to the Lessee by re~stered mini, addressed to the address heremabove or any such other address as shall be filed w~th the D~rector, or by delsvermg a copy of said nol~ce to the Lessee or any other person m charge of the leased 25 ~ The Lessee, at the exptrat~on or sooner tettamat~on of tlus Lease, shall qmt and surrender the leased premises and all property listed on the schedule of fixed equipment on file at the office of the D~rector of Parks and Recreation, belonging to the City m as good con&t~on as when taking possession thereof, reasonable wear and tear and damage by the elements expected. The Lessce shall be held responsible for ali fixed eqmpmont hsted on the aforesaid schedule of fixed eqmpment belonging to the City and shall surrender the quantmes hsted on ~ud schedule of fixed eqmpment, wl~ch belongs to the City and wluch should be at the leased pren~ses by v~t-..e of the pren~se~ of ti~s Lease 26 ~ The Lessee shall provide the City w~th a security depostt m the amount of Five Hundred Dollars ($500), prior to the opening of the Golf Driving Range to the public 27 Rehef The Lessee may, m the d~screl~on of the Du~ctor of Parks and Recreation, be relieved m whole or m part of any or all obhgat~ons oftl~s agreement fo~ such stated periods of l~ne as the D~ector may deem proper upon v.,i~n apphcat~on showing c~roum~tances beyond the Lezsee's conlrol w~rantmg such rehef 28 D~rectol- Vfnerever the teim "Dtrector Is used m th~s agreement, it shall also be construed to include the City Manaser as well as the Dtrector of Parks and Recreation, or any other assigned agents as the D~rector deems necessary H xWo~d D~x~olfDnvin~RanseContrao. a~o~ PAGE 1 3 day of ~~__.SS WHEREOF, the p~es hereto have executed tlus Lease th~s 6:~'~ (2( - , { 9 .~V_.~ CITY OF DENTON, TEXAS odney, Du~torx~ks and Recreation- LESSEE ^pprov~:l ms lo Form C~ty ^tmoruey FI ~Wo~l Decs\Gol~:)nv,msRa~geCeet~gt.doc PAGE 14 North Lakes Park Golf Driving Range Renewal of Contract Fee Schedule The minimum fee ~l~ucture for mutual agreement of extensaon of the contract for two terms ~s as follow~ A muumum payment a~ noted fro' each year plu~ a 6 % of 8ros~ for driving range fees, food, and advermemcnt equal to or exceeding the rmmmum Fu~t five (5)year extension Year 2002 muumum I;8500 00 Year 2003 mtmmum $9500.00 Year 2004 mimmum I;10,500.00 Year 2005 muumum $11,500,00 Year 2006 mimmum $12,500.00 Second five (5) year exte~lon Year 2007 minimum $12,~00 O0 Year 2008 mmunum $13,$00 O0 Year 2009 mm~um $14,~00.00 Year 2010 mm~roum $1~,$00 O0 Year 2011 m|mmum $16,~00 O0 H \Word PAGE 1 5 EXHIBIT D No~h Lal~ Park North ~ Bonnie Brae ! Golf Drivin~ Range Ar~a ' Tennis Center Recreation Center. ...... J PAGE1 6 Agenda No Agendaltem AGENDA INFORMATION SHEET E)ate AGENDA DATE May 16, 2000 ~ DEPARTMENT Economic Development ACM Dave Hill, Development Services SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or h~s designee to execute on behalf of the City of Denton an Airport Project Parhc]patlon Agreement w~th the Texas Department of Transportation relating to the design and construction of improvements at the Denton Mumclpal A~rport, and declanng an effective date BACKGROUND In 1997 the Texas Department of Transportatmn, Aviation D~mslon (TxDOT) was given authority to adm~mster federal and state funds for capital tmprovement projects for all rehever and general awat~on mrports statew]de This was done to assist TxDOT in famhtat~ng the Texas A~rport System Plan In addition to the authomy to adm~mster federal grant funds, TxDOT was also prowded w~th the ability to act as the local sponsor's agent, ]f desired, for the purposes of applying for, rece]wng and &sburs~ng all funds for approved projects and adm]mstrat]on of contracts necessary for the xmplementat~on of improvements On July 13, 1999 the C~ty of Denton approved a resolution, R99-028, confirming an agreement with TxDOT to pay ten pement (10%) of the total project cost for the FY 2001 project, and designating TxDOT as the C~ty's agent for admamstratlon of Federal and State funds for smd project The FY 2001 project includes the following infrastructure and safety improvements rehablhtate and mark Runway 17/35, rehabilitate and mark hangar access tax]ways, install me&um intensity tamway hghts and edge reflectors, rehabthtate tax]way system, rehabilitate apron, construct hehpad, upgrade Runway slgnage, and install security fencing at the Denton Municipal Airport TxDOT Aviation Division has approved the fee proposal for Prehmlnary Eng~neenng Design Fees submitted by Carter & Burgess TxDOT ~s now requesting the C~ty of Denton to enter into an A~rport Project Partm~patlon Agreement (APPA) authorizing TxDOT to ~ssue a notice to proceed for the Englneenng and Design Phase ofth~s project The APPA names TxDOT as the City's agent for the project and describes the State's respons~bd~t~es as the City's agent, outhnes the State's offer for financml assistance and ldentffies the City's obhgat~ons m accepting financml assastance for th~s project Furthermore, the APPA requests documentation on the following certfficatlon of a separate fund for mrport 1 revenues, certification of a pavement maintenance plan, and certification of a drug-free workplace ESTIMATED SCHEDULE OF PROJECT TxDOT ~s requesting a s~gned agreement and the sponsor's share of ten percent (10%) for the Engxneenng and Design Fees, $11,040, as soon as possible Th~s will allow the consultant, Carter & Burgess, to proceed w~th the Engineering and Design Phase of th~s project Completion of the Eng~neenng and Design Phase ofth~s project ~s scheduled to be completed nme (9) months from receipt of the APPA and sponsor's ten percent (10%) matching funds PRIOR ACTION/REVIEW The C~ty Attorney's Office has reviewed and approved th~s ordinance Airport Adwsory Board and staff recommend the approval of the APPA FISCAL INFORMATION The estimated cost of the project ~s $1,689,100 The demgn phase of the project ~s estimated at $110,400 and the constructmn cost ~s estimated at $1,578,700 The Cxty's ten percent (10%) match for the desxgn phase ~s $11,040 and must be submitted to TxDOT by May 22, 2000 Funding for the design phase ~s ~n the FY 99-00 budget Funding for the construction phase has been requested ~n the FY 00-01 budget Pamc~pauon in the first phase mdmates the C~ty's commitment to complete the constructaon phase EXHIBITS Ordinance A~rport Pamclpat~on Agreement Respectfully submitted L~nda Rathff, Dlrector///~// Economic Developmefit Department Prepared by Mark Nelson Airport Manager 2 ORDINANCE NO . AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATiNG TO THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager of the C~ty of Denton ~s hereby authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to engmeenng/des~gn services to rehaNhtate and mark Runway 1%35, reconstruct parttal tax,way, rehabfltate and mark parallel and stub taxlways to Runway 17-35, rehaNhtate and mark hanger access tax,ways, install MITL and edge reflectors, rehaNhtate apron, construct hehpad, upgrade Runway mgnage, and ~nstall security fencing, and related ~mprovements at the Denton Mumclpal A~rport, a copy of such contract bmng attached hereto and made a part hereof for all purposes and referenced as TXDOT Contract No 0XXFA014 SECTION 2 The C~ty Manager or Ns designate ~s hereby authorized to execute and the CRy of Denton agrees to comply w~th any assurances, condmons, or agreements reqmred to be executed to receive the funds prowded under tNs agreement SECTION 3 TNs or&nance shall become effecnve ~mmedmtely upon ars passage and approval PASSED AND APPROVED th~s the __ day of ,2000 MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ~ERB~O~ITY ATTORNEY TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Amrport Development Grano TxDOT ProJect No AP DENTON 1 TxDOT Contract No 0XXFA014 TxDOT CSINo 0018DNTON Part I - Identlficatmon of the ProJect TO The City of Denton, Texas FROM The State of Texas, acting through the Texas Department of Transportation Th~s 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 Cmty of Denton, Texas, (hereinafter referred to as the "Sponsor") WITNESSETH WHEREAS, the Sponsor desires to sponsor a project for the development of a pubhc aviation faclhty, known or to be designated as the Aarport under the Aarport and Aarway Improvement Act of 1982, as repealed and recodlfied in Title 49 Umted States Code, Section 47101 et seq, (hereinafter referred to as "Title 49 U S C "), and Rules, Regulations and Procedures promulgated pursuant thereto, and under V T C A Transportation Code, Title 3, Chapters 21-22, et seq (Vernon and Vernon Supp), and WHEREAS, the project ms descnbed as follows englneenng/deslgn servmces to rehabflmtate and mark Runway 17-35, reconstruct partial parallel tax, way, rehabhtate and mark parallel and stub taxaways to Runway 17-35, rehabmhtate and mark hangar access tayaways, mnstall MITL and edge reflectors, rehablhtate apron, construct hehpad, upgrade Runway smgnage, and mnstall secunty fencing at the Denton Mumcipal Aarport, and WHEREAS, the Sponsor hereby apphes for federal financial assastance and desires the State to act as the Sponsor's agent m matters connected with the project described above, and WHEREAS, the part,es hereto, by tbas Agreement, do hereby fix their respectmve responslbflmtmes, vath reference to each other, wath reference to the accomphshment of sa~d project and vath reference to the Umted States NOW THEREFORE, pursuant to and for the purpose of tainting out the prows~ons of Tmtle 49 U S C, and an consmderatmon of (a) the Sponsors adoptmon and ratmficatmon of the representations and assurances contained m said 3drport Project Participation Agreement and its acceptance of ttus Offer as hereinafter prowded, 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 as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accompbslung the project, ninety percentum of all allowable project costs Th~s grant is made on and subject to the following terms and conditions Part H - Offer of Fmanclal Assistance 1 The allowable costs of the project shall not include any costs deternuned 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 3drport Zomng Act, Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp) 2 It is estimated that design project costs will be approximately $110,400 (Amount A) It is further estimated that apprommately $110,400 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for mnety percent (90%) of the eligible project costs Final deterrmnation of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project The mammum obligation of the Umted States payable under this offer shall be deternuned after the receipt of the State Block Grant for Fiscal Year 2000, and an amendment will be made to th~s agreement to ~ncorporate the maximum federal financial assistance The estimated project cost for the construction phases of tlus project Is $1,578,700 (Amount C) The construction phase will be started upon completion of design, dependent upon avadab~hty of federal funds, and approval of the Texas Transportation Comrmsslon A separate grant will be issued for the construction phase In the event that federal funds are unavailable, ttus Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered moneys aotually deposited by the Sponsor and held vnth the State for project purposes shall be returned to the Sponsor 3 Tins 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 oft[us agreement It is the intent of the State to prowde 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 deterrmned needs of tlus project Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project w~tinn 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 design project costs will be $11,040 (Amount D) The Sponsor specifically agrees that it shall pay any project costs winch exceed the sum of the federal share (90% of Amount B) It Is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State m behalf of the Sponsor winch are m excess of the federal percentage of financial parhclpatlon as heretofore stated m Paragraph 1I-2 The State shall refund to the Sponsor, at the financial closure offhe project, any excess funds prowded by the Sponsor 5 During design, If the estimated ehg~ble total project costs exceed Amount C, above, the Sponsor may request the State to void tins Agreement, whereupon the State shall agree to void flus Agreement upon the aat~sfaction of the following conditions a the Sponsor's request to the State to votd the Agreement shall be m writing and dated, and b if reqmred 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 winch 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 tins requirement is satisfied, and c failure on the part of the Sponsor to comply w~th the conditions of tlus paragraph shall constitute a breach of this Agreement 6 Upon satisfaction of the condttions spectfied m Paragraph 1I-5 above, the State shall declare flus Agreement null and vmd, and flus 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 wutinn a reasonable time 7 It ~s mutually understood and agreed that if, dunng the life of the project, the State d,terwanes that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, wluchever ~s greater, the grant amount can be umlaterally reduced by letter from the State advising of the budget change and a refund of the sponsor share of the reduction will be done Conversely, if there is an overrun m the ehgible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory fitteen (15%) percent hrmtat~on, and vail adwse the Sponsor by letter of the increase Upon receipt of the aforementioned letter, the maramum obligation of the Umted States is adjusted to tho amount specified and the Sponsor will renut their share of the moreased grant amount 6 Part~cipat~on in addit~onal federally ebgible costs may requtre approval by the Texas Transportation Comn~ssion The State will not authorize expenditures an excess of the dollar amounts identified ~n th~s Agreement and any amendments thereto, w~thout the consent of the Sponsor Payment of the Umted States share of the allowable project costs wall be made pursuant to and an accordance with the provis~ons &such regulations and procedures as the State and the Federal Aviation Administration, hereinafter referred to as the "FAA", shall prescribe Fanal deternunat~on of the United States share wall be based upon the final audit of the total amount of allowable project costs and settlement wall be made for any upward or downward adjustments to the Federal share of costs 8 Sponsor's share of proJect costs (Amount D) shall be paid amt~ally in cash when requested by the State At project close-out, Sponsor wdl be reimbursed for any credited amounts that exceed Sponsor's share Follovang the execution of th~s Agreement, the Sponsor's shall subnut the In-kand contribution documentation to the State 9 Sponsor, by executing tlus Agreement certifies, and upon request, shall furmsh proof to the State that it has sufficient funds to meet its share of the costs as heretofore stated The Sponsor hereby grants to the State and federal government the right, upon advance written request dunng reasonable and regular business hours, to audit any books and records of the Sponsor to vefi0y said funds In add~tion, 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 obhgat~on (Amount D) shall be due and payable to the State State may request the Sponsor's financial obligation an partial payments Should the Sponsor fail to pay said obligation, either m whole or m part, w~tlun 30 days of written demand, the State may exercise ars rights under Paragraph V-7 hereof Lakew~s¢, should the State be unw~lhng or unable to pay ats obhgation an a t~mely manner, the fadure to pay shall be consadered a breach and the Sponsor may exercise any rights and remedies at has at law or ~quity l~xpend~tures for ehgable project costs for the above project made by the State or the Sponsor prior to the award ora federal grant for said project, and prior to actual receipt of the attthonty to expend federal grant funds, shall be made from Sponsor and State funds 10 The State shall make all reasonable attempts to acquire federal funding for the completion and construction of th~s project wlthm two years of completion of design services The Sponsor hereby agrees to complete and construct th~s project w~thm two years of completion of design services, subject to the avadablhty of federal funds PART HI - Sponsor Responsibilities 1 In accepting the Agreement, the Sponsor guarantees that a it will comply with the Attachment A, Airport Assurances (9~99)(State Modified 9/99), attached hereto and made a part oft}us Agreement, and b at w~ll, 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 m connection with the federal grant, and c the Airport or nawgatlonal facility which is the subject oft}us 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 ser~nceable manner for the useful hfe of smd Improvements, not to exceed 20 years, and d consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, lands and classes of aeronautical use without unjust discnnunatlon between such types, lands and classes and shall prowde adequate public access dunng the term oft}us Agreement, and e It shall not grant or perrmt anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area Aeronautical actlxaties include, but are not hnuted to scheduled airline flights, charter flights, flight instruction, aircrat°~ sales, rental and repair, sale of axaatlon petroleum products and aerial applications The landing area consists of runways or landing strips, tamways, parlang aprons, roads, airport lighting and navigational aids, and f it shall not pemut non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, w~thout prior approval of the State/FAA, and g It shall not enter into any agreement nor penmt any mrcrait to gmn direct ground access to the Sponsor's mrport from private property adjacent to or in the munediate area of the airport Further, Sponsor shall not allow aircrai~ direct ground access to private property Sponsor shall be subject to t}us prohtb~tion, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances, and h it v~ll acqmre all property interests identified as needed for the purposes of ttus 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 m connection with the federal grant in the acqmsmon of such property interests, and that atrport property identified wit}un the scope of flus project and Attorney's 8 Certificate of A~rport Property Interests shall be pledged to mrport use and shall not be removed from such use w~thout prior written approval of the State, and the Sponsor shall subnut to the State annual statements of mrport revenues and expenses as requested, and all fees collected for the use of an mrport or nawgat~onal facd~ty constructed w~th funds provided under the program shall be reasonable and nond~scnnunatory The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of mrport(s) or nawgat~onal facd~ty(ites) Sponsor shall not be required to pledge Income received froln the rmneral estate to airport use unless state and/or federal funds were used to acqmre the n~neral estate of airport lands or any interests therein, and an Airport Fund shall be established by resolution, order or ordinance m the treasury of the Sponsor, or ev~dance of the prior creation of an erdsting mrport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be subnutted to the State Such fund may be an account within another fund, but must be accounted for ~n such a manner that all revenues, expenses, retatned earmngs, and balances ~n the account are d~scermble from other types of moneys identified m 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 Ail expenditures from the Atrport Fund shall be solely for a~rport 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 corrlphed with the reqmrements of ttus subparagraph, and following completion of the project where airport hghtmg Is part of a project, the Sponsor shall operate such hght~ng at least at low intensity from sunset to sunnse, and ~nsofar as ~t Is reasonable and w~tlun its power, Sponsor shall adopt and enforce zomng regulations to restrict the height of structures and use of land adjacent to or m the lmmedtate VlCtmty of the a~rport to heights and aetiwties compattble w~th normal airport operations as prowded m Tex Loc Gert Code Ann Secttons 241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acqmre and retain awgatlon easements or other property interests m or rights to use of land or mrspace, unless Sponsor can show that acqmsition and retention of such interests will be tmpractmal or will result m undue hardslup to Sponsor Sponsor shall be mehgible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval ora grant or loan, adopted and passed an airport hazard zomng ordinance or order approved by the State, and 9 n it will prowde upon request to the State, the eng~neenng or planmng consultant, and the FAA copies of any maps, plans, or reports of the project site, apphcable to or affecting the above project, and o after reasonable notme, it will penmt the State, the FAA, and any consultants and contractors associated with th~s project, access to the project site, and will obtatn pernnsston for the State, the FAA, and consultants and contractors associated w~th th~s project, to enter private property for purposes necessary to tlus project, and p all development of an atrport constructed with program funds shall be consistent with the 3arport Layout Plan approved by the State and maintained by the Sponsor A reproducible copy of such plan, and all subsequent modifications thereto, shall be filed with the State for approval, and q tt shall take all steps, including htigation if necessary, to recover funds spent fraudulently, wastefully, or m wolation of Federal antitrust statutes, or nnsused m any other manner m any project upon whtch Federal and State funds have been expended For the purposes of this grant agreement, the term "funds" means funds, however used or dtsbursed 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 furmsh to the State, upon request, all documents and records pertaining to the detenmnatlon of the amount of the funds or to any settlement, htigation, negotiation, or other efforts taken to recover such funds All settlements or other final positions of the Sponsor, m court or otherwise, mvolv~ng the recovery of such funds shall be approved m advance by the State 2 The Sponsor hereby certifies to the State that it will have acquired clear title m fee simple to all property upon wluch 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 watlun the time frame of the project, a sufficient interest (easement or othemnse) in any other property whmh 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 hab~hty due to acWaties of the Sponsor, the Sponsor's agents or employees performed under tbas 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 wluch might be incurred by the State m htigatton or otherwise reststmg said claim or habiht~es whtch nnght be imposed on the State as the result of such activmes by the Sponsor, the Sponsor's agents or employees 10 4 The Sponsor's acceptance of ttus Offer and ratification and adoption of the Agreement incorporated herein shall be evidenced by execution of tlus instrument by the Sponsor, as heremat~er provided, and said Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor wroth respect to the accomplishment of the project and the operation and maintenance of the airport Such Agreement shall become effective upon executton of this instrument and shall remain in full force and effect for a period of at least 20 years 5 Upon entenng into thins Agreement, Sponsor hereby agrees to name an mnd~vmdual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project, and whmh individual shall have the authority to make approvals and d~sapprovals as reqmred on behalf of the Sponsor 6 Upon entenng into th~s Agreement, Sponsor hereby agrees to name at least three mdivaduals, as the Sponsor's Consultant Select~on Cornnuttee, to represent the Sponsor m the selection ofengineenng and/or planmng consultants, and to name a chairperson of the selection comnuttee, and to provide a suitable location for pre-brad and for pre-constructton conferences, and for the subnuss~on and opening of construction bids 7 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project mdentmfied above as defined in Title 49 U S C Sponsor agrees to assume responsmbihty for operation of the faedity m comphance wlth all apphcable state and federal requirements mcludtng any statutes, roles, regulatmons, assurances, procedures or any other dmrectives before, dunng and after the completmon oftlus project 8 The Sponsor by executmon of tbas grant, certifies that mt has mmplemented, or will ~mplement dunng this project, an effective a~rport pavement mamntenanee management program, and mt assures that ~t will use such program dunng the period oftlus Agreement It wall proxade upon written request, such reports on pavement conditmon and pavement management programs as the State deterrmnes may be useful Fadure to comply wath tlus con&tmon may make the Sponsor mehgmble for future grants 9 The Sponsor shall have on file vath the State a current and approved Attorney's Certificate of A~rport Property Interests and Extub~t A property map 10 The Sponsor shall have on file with the State a Certification Regardmg Drug-Free Workplace Reqmrements form 11 Unless otherwmse approved by the State, the Sponsor wall not acqmre or perrmt any contractor or subcontractor to acqmre any steel or manufactured products produced outside the Umted States to be used for any project for airport development or nomse compattbthty for wluch funds are provmded under ttus grant The sponsor wall include mn every contract a promsmon ~mplementmg tlus specmal condltmon 11 12 SPECIAL CONDITION Except for instrument landing systems acquired with AlP 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 AlP dunng the useful life of the equipment The sponsor must check the facility, including instrument landing systems, prior to comnnssiomng 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 marlang of the obstruction If any aeronautical study conducted under FAR Part 77 deternunes that to be acceptable, and mark and light the runway, as appropriate The Federal Aviation Adrmmstration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems Part IV- Nomination of the Agent 1 The Sponsor hereby 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 said project, or in reimbursement to either of the parties hereto for costs ~ncurred 2 The State agrees to assume the responsibility to assure that all aspects of the grant and project 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 herein 3 The State shall, for all purposes In connection with the project ident~fied above, be the Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following services Recelwng Disbursing Agent a apply for, accept, receive, and deposit w~th the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the Urated States under Title 49 U S C and congressional appropriation made pursuant thereto, and the Sponsor, b receive, review, approve and process Sponsors reimbursement requests for approved project costs, and c pay to the Sponsor, from granted funds, the portmn of any approved reasonable and ehg~ble project costs ~ncurred by the Sponsor that are in excess of the Sponsor's share l~ayang Agent d receive, re,new, approve and pay invoices and payment requests for serwces and materials supplied In accordance wath State executed contracts, 12 Contracting Agent. e advertise for professional englneenng and/or planmng 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, certlI~, consultant selection procedures, provide not~fication 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 adrmmster Disadvantage Business Enterprises (DBE) and/or I-hstoncally Underutilized Bus~ness (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 op~mon, judgment, order or direct~on between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order wtuch shall prevad and be controlhng, h coor&nate and review project plans, specifications and construction, coordinate and conduct progress and final inspections Construction Phase: authorize the advertisement, receipt and opemng of bids for construction of the above project, and award contracts for construction of the above project and acquisition of materials related to ~t. and execute, on behalf of the Sponsor, construction contracts as related to flus project, participate in pre-bid and pre-construction conferences, and issue orders as it deems appropriate regarding construction progress, including but not hrmted to Notices to Proceed, Stop Work Orders, and Change Orders, k rewew, approve and maintain record drawings PART V - Recitals 1 The State shall obtain an audit as required by federal or state regulations, and procure and forward to the FAA such specific project documentation as is necessary to complete all aspects oftlus project 2 The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomphshment of flus project The power of attorney, as granted by the Sponsor to the State in Part IV - Nonunation of 13 Agent, is a bmited power to perform acts in connection with airport improvements as specified m or necessitated by this Agreement 3 The Sponsor hereby agrees to pursue and enforce contract items which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors Such items include, but are not bmited to, bid bonds, payment bonds, and performance bonds Pursuit and enforcement of contlact items may require htigat~on and other remed,es of law 4 The Umted 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 incident to, compliance with this grant agreement 5 This Agreement ls executed for the sole benefit of the contracting parties and Is not intended or executed for the direct or incidental benefit of any third party Furthermore, the State shall not be a party to any other contract or comrmtment which the Sponsor may enter into or assume, or have entered rote or have assumed, m 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 m whole or m part The not, ce of suspension shall contain the following a The reasons for the suspension and the correct,ye action necessary to hft the suspension, b A date by which the corrective action must be taken, c Notification that consideration vail be given to terrmnating the grant after the corrective action date In the case of suspension or ternunatlon, the Sponsor may request the State to reconsider the suspension or terrmnation Such request for reconsideration shall be made vathin 45 days after receipt of the notice of suspension or tenmnat~on 7 This Agreement ~s subject to the appbeable provaslons of T~tle 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 Zomng Act, Tex Loc Go'vt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Fadure to comply with the terms of this Agreement or vath the a£orementioned rules and statutes shall be considered a breach of this contract and w~ll allow the State to pursue the remedies for breach as stated below a Of primary :mportance to the State ~s compliance vath the terms and conditions of this Agreement If, however, after all reasonable attempts to reqmre comphance have failed, the State finds that Sponsor is unwllhng and/or unable to comply vath any of the terms and conditions of this Agreement, the State may pursue any of the followmg remedies (1) require a refund of any money expended pursuant to the Agreement herein, (2) deny Sponsor's future requests for md, (3) request the Attorney General to bnng stat seeking reimbursement of any money expended on the project pursuant to the Agreement here~n, prowded however, these remedies shall not hnut the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare th~s Agreement null and void, or (5) any other remedy avmlable at law or in equity b Venue for resolutmn by a court of competent jurisdiction of any d~spute arising under the terms of th~s Agreement, or for enforcement of any of the prowsions of this Agreement, ~s specifically set by Agreement of the part,es hereto in Traws County, Texas 8 The State reserves the right to amend or w~thdraw th~s Agreement at any tnne prior to acceptance by the Sponsor The acceptance period cannot be greater than 30 days after issuance unless extended by the State, wluch extension shall not be unreasonably be domed or delayed 9 Tlus Agreement constitutes the full and total understanding of the part,es concermng their rights and responsibd~t~es m regard to tlus project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both part, es in writing and executed by both parties 10 All comnutments by the Sponsor and the State hereunder are subject to constitutional and statutory hnutatlons and restrictions binding upon the Sponsor and ~he State (including Sections 5 and 7 of Article 11 of the Texas Const~tution, if apphcable) and to the avadabdlty of funds wluch lawfully may be applied 11 The Sponsor's acceptance of flus Agreement and rat~fication and adoption of the garport ProJect Part~cipatton Agreement incorporated herein shall be evidenced by execution of fins instrument by the Sponsor, as hereinafter provided, and tlus Offer and Acceptance shall comprise a Grant Agreement, as provided by the T~tle 49 U S C, constituting the oontractual obhgations and rights of the Umted States, the State of Texas and the Sponsor vnth respeot to the accomphshment of the ProJect and compliance w~th the assurances and conditions as provided hereto Such Grant Agreement shall become effective upon the State's written Notice to Proceed ~ssued following execution of th~s agreement 15 Part VI - Acceptance of the Sponsor The City of Demon, Texas, does hereby ratify and adopt all statements, representations, warrant~es, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreemem, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement thereof Executed flus day of ,2000 The City of Denton, Texas Sponsor Witness Signature Signature Witness Title Title Certificate of Sponsor's Attorney I, Edwin M Snyder , acting as attorney for the Cxty of Denton Texas, do hereby certify that I have fully exarmned the foregoing Agreement and the proceedmg~ taken by smd Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Agreement by said Sponsor, is in accordance vnth the laws of the State of Texas Dated at Denton ., Texas, flus. 2nd dav~ May ~' eA~r~s~~ ,2000 ~iness signature (~ Administrative Secretary ttorney Witness Title Title 16 Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commtss~on as agent for the C~ty of Denton for the purpose and effect o£act~vatmg and/or car~mg out the orders, estabhshed pohc~es or work programs and grants heretofore approved and authorized by the Texas Transportation Commission STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By Date CERTIFICATION OF PROJECT FUNDS The City,of Denton does hereby certify that sufficient funds to meet the Sponsor's share &project costs as identified In the Airport Project Partic~pation Agreement for said project will be available In accordance w~th the schedule shown below SPONSOR FUNDS Amount Source Date Available $11,040 design phase C~ ~N~T/~,q t_ ~ ~/3 I (D - I - ct ~ The City of Denton Texas (Sponsor) 18 CERTIFICATION OF AIRPORT FUND The C~ty of Denton does hereby certify that the ~"~,,~E/~t_ ~ dj> A~rport Fund (Name of Fund) has been estabhshed for the C~ty of Denton, and that all fees, charges, rents, and money from any source derived from mrport operations vail be deposited for the benefit of the Parport Fund and w~ll not be diverted for other general revenue fund expenditures or any other special fund of the C~ty of Denton and that all expenditures from the Fund will be solely for mrport purposes Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retamed earmngs, and balances ~n the account are d~scermble from other types of moneys ~dent~fied in the fund as a whole The City of Denton Texas (Sponsor) Title te~g~s~.a~o-J- ~t't*j~ /~//.,.Ma~.~-. Date 4 /~"1/o o 19 CERTIFICATION REGARDING DRUC~FRFE WORKPLACE REQUIREMENTS A Die grantee enrtdies that it will or will contmue to provide a drug-fi.ce workplace by (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited m the grantee's workplace and specifying the actions that will be taken agamst employees for violation of such prohibition (b) Establishing an ongoing drug-free awareness progiam to mfom~ employees about- (l) The dangers of drag abuse m the workplace, (2) The grantee's policy ofmamtatmng a drug-frce workplace, (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The p~nalties that may be imposed upon employees for drug abuse violations oecurnng m 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 m the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (l) 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 occurnng m the workplace no later than five calendar days alter such conviction, (c) Nottfymg the agency mwntmg, within ten calendar days afar reecivmg notice under paragraph (d)(2) from an employee or otherwiso reeeivmg sctual notice of such conviction Emphiyers of convicted employees must provide notice, mchidmg 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 mchide the ldentdlcstlon number(s) of each affected grant, (f) Talang one of the following actions, wlflun 30 calendar days of receivmg notice under paragraph (d)(2), with respect to any employee who is so convicted- (l) Taking appropriate personnel action against such an employee, up to and including temunatien, consistent with the requirements ufthe Rehabthtat~on Act of 1973, as amended, or (2) Requu'mg such employee to pa.~clpate satisfactorily m 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 tmphimentatien 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 spendie grant Place of Pcrformanen (Street address, city, county, state, ~p code) Check ffthere are workplaces on file that are not ldentuSed here Signed Dated Typed Name and Title of Sponsor Representative 20 ATTACHMENT A PART V ASSURANCES A~rpod Sponsors A C, enersl I These assurances shall be complmd with In the performance of grant agreements for airport development, airport planning, and noise compstibllr{y program grants for airport sponsors 2 These assurances are required to be submitted as part of the project Airport Project Participation Agreement ( hereinafter referred to es 'APPA ) by sponecm requesting funds under the provisions of Title 49, U S C, subtitle VII, sa emended As used herein, the term "public agency sponec,'" means a public agency with control of a public-use airport, the term "private sponsor" means s private owner of s public use airport and the term "sponsor" Inctudss both public agency sponsors and private sponscra 3 Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement B Duration and Applicability Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the faolhties developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project Items Installed within a facihty under a noise compatibility program project, but In any event nM to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the Project However, there shall be nc limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport la used ss an airport There shall be no limit on the duration of the terms, 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 Noise Compatibility Projects Undertaken by a Private Sponsor The preceding paragraph I also applies to a private sponsor except that the useful life of project items Installed within a facility or the ussrul 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 ski for the project 3 Airport Planning Undertaken by a Sponsor Unless otherwise specified In the 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 the grant agreement shall remain In full force and effect during the life of the project C Sponsor Certification The sponsor hereby assures and certifies, with respect to this grant thal I General Federal Requirements It will comply with all spphcable Federal laws regulations, executive orders policies, guidelines, sod requirements as they relate to the project, acceptance and use or Federal funds for this project Including but not I~mited to the following Federal Legislation · Title 49, U S c, subtitle Vii, as amended b Davis-Bacon Act - 40 U S C 276(a), et sea l Federal Fair Labor Standards Act - 29 U S C 201 et seq d Hatch Act - 5 U S C 1501, et ssq = e Uniform Relocation Assistance and Real Property Acquisition Pohcles Act or 1970 Title 42 U S C 4601. et se(~ l = National Historic Preservation Act of 1966- Sechon 106 - 16 U S C 470(0 ~ g Aroheologlcal and Historic Preservation Act of 1974 t 6 U S C 469 through 469<3 ~ h Native Americans Grave Repatriation Act - 25 U S C Section 300t, et sec Clean Air Act, P L 90-148, as amended Coastal Zone Management Act, P L 93-205, as amended k Flood Disaster ProtcoSon Act of 1973 - Section 102(s) - 42 U S C 4012a ~ Title 49 ,U S C, Section 303, (f~merly known ss Section 4(0) m Rehabilitation ACt of I g73 - 29 U $ 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 Amer~an Indian Religious Freedom Act, P L 95-341, ss amended q Architectural Barriers Act of 1968-42 U S C 4151, et sea ~ Power plant end Industrial Fuel Use Act of 1978 - Section 403 2 U S C 8373 ~ ·Cc~tract Work Houro end Safety Standards Act - 40 U S C 327, et ssa ~ Copeland AnSkk=kbeck Act - 18 U S C 874 ~ u National Environmental Policy Act of 1969 - 42 U S C 4321. et sec ~ v Wild and Scenic Rivers Act, P L, 90-542, as amended w Single Audit Act of 1984 - 31 U S C 7501, et sss 2 x Drug-Free Workplace Act of 1988.41 U S C 702 through 706 21 Executive Orders Executive Order 11246 - Equal EmHoymenl Opportunity ~ Executive Order 1199Q- Protection of Wetlands Executive Order 11998 - Flood Plain Management Exacutlve Order 12372 Intorgovernmental Review of Federal Programs Executive Order 12699 Seismic Safsty of Federa[ and Federally Assisted New Bulld~ng Construction~ Executive Order 12898- Environmental Justice Federal Regulations a 14 CFR Part 13 - thvestlgative and Enforoemenl Procedures b 14 CFR Part 16 - Rules of Prsctlce Fo,' Federally Assisted Airport Enforcement Proceedings c 14 CFR Part 150 ~ Airport noise compstibiMy planning d 29 CFR Part 1 ~ Procedures for predetsrmlnahon of wage rates ~ e 29 CFR Part 3 - Contractors and subcontractors on public building or pubhc work financed in whole or part by loans or grants from the United Stales ~ 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federsl~y financed and assisted construction (also labor standards provlsloos applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) ~ g 41 CFR Part 60 - Office of Federal Contract Comphance Programs Equal Employment Opportundy Department of Labor (Federal end federally assisted contracting requirements) ~ h 49 CFR Part f 8 - Uniform administrative requirements for grants and cooperative agreements to state and local governments = 49 CFR Part 20 - New rest~tions on lobbying 49 CFR Part 21 - Nondiscrimination in federally assisted programs of the Department of Transportation - effectustion of Title VI of the Civil Rights Ac~ of 1964 k 49 CFR Part 23 - Padiclpatlon by Disadvantage Business Enterprise In AIrpod Concessions 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs l=t rn 49 CFR Pad 26 - Perticlpatien By Disadvantaged Business Enterprises in Department of Transportation Programs n 4g CFR Part 27 - Nondisorlmlnaticn on the basis of handk=ap In programs end activities receiving or benefiting fr~n Federal financla~ assistance ~ o 49 CFR Pad 29 - Government wide debarment and suspension (non procurement) and government wide requirements for drug free workplace (grants) p 49 CFR Pad 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market mess to U S contractors 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new butldlng Office of Management and B~dget Circulars (1) These laws do nut apply to alrpod planning sponsors (2) These laws do not appIy to private sponsors (3) 49 CFR Pad 18 and OMB Cimular A 87 contain requirements for State and Local Governments receivlng Federal ass[stance Any requ~remonl levied upon State and Local Governments by this regulation and c4rcular shall aieo be applicable to private sponsors receiving Federst assistance under Title 49, United States Code circulars are Incorperetsd by reference in the grant agreement 2 Responsibility and Authority of the Sponsor a Public Agency Sponsor It has legal authority to apply for the grant, and to finance and carry out the proposed project, that ia resolution, motion or similar action has been duly adopted or passed as an official act of the applicant*s governing body authorizing the filing of the APPA, including aa the off'=lst representative of the app,csnt to act in connection with the APPA and to provide such additional Information aa may be required b Private Sponsor It has legal authortiy to apply for the grant and to finance and OSrTy out the proposed IxoJect and comply with all terms, conditions, and aesuranoss of this grant agreement It shall designate an o~ctsl reprssentstwe and shall in writing dirsct and authorize that person to fits this APPA, Including all understandings and assurances contalned therein, to act in connection with this APPA, and to provide such additional information ss may be required 3 Sponsor Fund Availability It has sufficient funds available for that portion of the project costs which are not to bo paid by the United States It as sufficient funds avatiable to assure operation and maintenance of Items funded under the grant agreement which it witi own or control 4 Good Title a It, a public agency or the Federal government, holds go~ btts, satisfactory to the Secretary, to the landing area of the airport or ~te thereof, or will give assurance sa~factory to the Sesretsry that good title will be acquired 22 b For noise compatibility program projects to be carded out on the ~'operty gl' the sponsor It ho[ds good title estisfactory to the Sacrstsry to that portion of the property upon which Federel funds ~11 be expanded or will give assurance to the Secretary that good title will be obtained 6 Preserving Rights and Powers a It will not take or permit any achon which would operate to depdve it of any of the r~ghts and powers necessary to pedorm any or all of the terms, cond¢ione and assurances In the 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 per[ormance by the sponsor This shall be dona In a manner acceptable to the Secretary b It will not sell, lease, encumber, or othenviss transfer or dispose of any part of Its titre or other Interests In the property shown on Exhibit A to this APPA or, for a noise compatibility program projecl, that portion of the property upon which Federal funds have been expended, for the duration of the terms conditions, and assurances In the 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 of the 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 dispesing of the sponsor's Interest, and make binding upon the transferee all of the terms, conditions, end assurances contained In this grant agreement c For all noise compatibilIty program projects which are to be cerned 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 ethenvlas specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be appticable to it If it applied d~rectiy to the FAA for s grant to undertake the noise compettblhty program project That agreement and changes thereto must be satls[actory to the Secretary It wll take steps to enforce this agreement against the local government if there is substantial non- compliance wth the terms of the agreement d Fo~ noise compstibl~ity 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 alrpod wilt continue to function as a public use strpcrt in accordance with these assurances for the duration o[ these 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 emptoyas of the sponsor, the sponsor will reserve sufficient rights and authority 1o insure that the airport w~ll be operated and maintained in ac, cordan~e TItle 49, United States Code, the regulations and the terms, oondrflons and assurances In the grant agresmen~ and shall insure that such arrangement stso requires compliance therewith Consistency with Locst Plans The project IS reasonably consistent with plans (existing st the time of submission of this APPA) of public agencies that are author[zod by the State in which the project Is located to plan for the development of the area surrounding the airport 7 Constderatlon of Local interact It has given fair consideration to the Interest of communities In or near where the project may be Icoatsd 8 Coneuftation with Users In making a decision to undertake any slrport development project under TIUe 49 United States Code, It has undedaksu 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, or a major runway extension, it has afforded the opportunity for pubI~c hearings for the purpose of considering the economio, scoial, and environmental effects of the airport or runway location and tie consistency with goals end objectives of such planning as has been oarrled out by the communIty and it shall, when requested by Ihe Secretary, sulxntt e oopy of the transcript of such hearings to the Secretary Further, f~ 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 petdion the Secretary concerning a proposed project 10 Air and Water Quality Standards In projects Involving airport location a major runway extenston, or runway Incstlon It will provide for the Governor of the state In which the project IS lecaled to certify In writing to the Secretary that the project will be Icostsd, designed, constructed, and operated su as to comply with applicable air end water quality standards In any casa where such standards have not been approved and where applicable air end water qualIty standards have been promulgated by the AdminIstrator of the Environmental Protection Agency, ceritfiostion shall be oMstnod from such Administrator No,ice of certi~'ioation or refuasl to certify shall be provided within sixty days after the proje~ APPA hss been recetved by the Secretary 11 Pavernent Preventive Maintenance W~ respect to a project approved after January 1, 1095, for the rsplecement oi' raco,,~rstm~tion of pavement et the airport, it assures or cergrles that it has Imlflemented an effecttve airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement ¢en~'ucted, reconstn~ted or repaired with Federal financial assistance at the airport It will provide ~ reports on pavement condItion and pavement management programs as the Secretary determines may be useful 23 Tem~nal Deveiop~nent Prerequisites, For projects which thc~ude terminal development at a pub;lc use airport, aa deigned in Title 49, It has, on the date of aubmlttal of the project grant request, ali the safety equipment required for certification of such alrpect under section 44706 of Title 4g, United States Code, and all the security equipment requ~¢ed by mia or regu;ation, and has provided for ncoess to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from airc~'al~ other than air carder aircraft 13 Accounting System, Audit, '*nd Record Keeping Requirements a It shall keep all proJuc! accounts and records which fully disclose the amount and d~spoeitlon by the recipient of the prcceeds of the grant the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion o! thecost of the project supplied by other ecumes, and such other financial records pertinent to the project The accounts and records shall be kepi In accordance with an accounting system that will fsollitete an effective audit in accordance w~th the Single Audd A~ of 1984 b it shall make available to the Secretary and the Comptroller General of the Uni~nd States, or any of their duly authorized representatives for the purpoee of audit and examlnalion, any books, documents papers, and records of the recipient that are pertinent to the grant The Secretary may require that an appropriate audit be conducted by a recipient In anycaes 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 the grant was g~ven or used, it shall file a certified copy of ~uch audit with the Comptroller General of the United States not later than six (6) months following the close of the fleoet year for which the audrt was made 14 Mink~num Wage Rates It shall Include, In all contract8 In excess of $2,000 for work on any projects funded under the grant agreement which Involve labor, provisions estabiisbing 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 skllted and unskilled labor, and such minimum rates shall be Mated in the invitation for bids and shall be Included in proposals or bids for the work 16 Veteran's Preferenoe It shall Include In all oontracts for work on any project funded under the grant agreement which Involve labor, such provisions as are necessary to Insure that, In the employment of labor (except In executive, admlnlstraitve, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans aa defined in Section 47t 12 of Title 49, United States Code However, this preference shall apply only where the Individuals are available and qualltied to perform the work to which the employment relates 16 Conformity to Plans and 8paclficaBons It will execute the project subject to plans, specifications, and schedules approved by the Secretary Such iflans, specitications, 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 SacrMary, shall be Incorporateq into this grant agreement Any modlfloeticn to the approved plans, specifications, and schedules shall also be subject to spproval of the Secretary, and incorporated Into the grant agreement t7 Construction Inspect ion and Approval g will provide and maintain competent technical aupervlslon at the construction site throughout the project to assure that the work conforms to the plans, specl~etlons, and schedules approved by the Secretary for the project It shall subject the construcbon work on any project contained in an approved project APPA to Inspection and approval by the Secretary and such work shall be In acoordance with regulations and procedures prescribed by the Secretary Such rngulaflons and procedures shall require such cost and progress repoding by the sponsor or sponsors of ouch project as the Secretary shall deem necessary lg Planning Projects In carrying out planning projects a It will exeoute the project in accordance with the approved program narrative contained In the project APPA or with the modifications Nmilarly approved b It will furnish the Secretary with ~ periodic reports aa required pertaining to the planning project and planning work activities c It will Include In sit pulfllehed mstorlal prepared 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 f~ examinahon by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country e it will give the Secretary unrestrk~ed authority to publish, disclose, distribute, and otherwise use any of the material prepared In oennacflon with this grant f It will grant the Sacretary the light to disapprove the sponsor's employment of specific consultants and their euboontractora to do all or any part of this project as well aa the right to disapprove the proposed scope and ooM of profe~,slonal services g It will grant the Sacra~ary the right to disapprove the use of the sponsor's employees to do all or any part of the project h It understands and agrees that the Sacreta~e approval of this project grant or the Sacrelary'e approval of any planning msteriet developed as part of this grant does not constitute or Imply any assurance or commitment on the part of the Secretary to approve any pending or Muro request for a Federal airport grant 24 Operation and Mstntenence e Th~ strport and stl facilities which are necessary to serve the eeronsut~cal users of the airport, other then facilities owned or conbolled 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 Presedbed by applicable Federal, state and local ageocies for maintenance and operation It will not cause or permit any actlv~ or action thereon which would Interfere with its use for airport purposes It will suitably operate and maintain the strport and all fseilitisa thereon or connected therewith, with due regard to climstlo and flood conditions Any proposal to lemporarlly close the airport for non- aeronautical purposes must first be approved by the Secretary In furtherance of this assurance, the sponsor will have In effect arrangements for,'- (1) Operating the strpo~e aeronautical facilities whenever required, (2) Promptly marking and lighting hazards resulting from airport conditions including temporary conditions, and (3) Promptly notifying airmen of any condriion affecting aeronautical use of the airport Nothing oontsined herein shell be construed to require thst the airport be operated for aeronautical use during temporary periods when snow, flood or other cllmst~c 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 eubetsrrtisily damaged or destroyed due to an act of God or olher condition or simumstance beyond the control of the sponsor b It will suitably operate and maintain noise competibliity program items that it owns or controls upon which Federal funds have been expended 20 Hazard Removal and Mitigation It will take appropriate achon to assure that such terminal airspace as Is required to Protect Instrument and vlsust operations to the airport (ir~uding established minimum fl~ght altitudes) witi 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 futura airport hazards 21 Compatible Land Use It will take appmpriste action, to the extent reasonable, Including the adoption of zoning laws, to restrict the uae of land adJansnt to or in the immediate vicinity of the strpod to activities and purposes compatible with normal airport operations, Including landing and takeoff of stmraff In addition, If the project Is for noise compatibility Program Implementstion, it will not cause or permit any change in land use, within its Jurledlction, that will reduce its oompetibllity, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended 22 Economic Nondtscrtmlnaflon a fi will make the airport available aa an airport for public use on reasonable term~ end without unjust disertmlnstlon to all types, kinds and classes of seronsutical activities, Including eommeralsi aeronautical activities offering services to the public at the airport b In any agreement, contract, lease, or ether arrangement under which e right or prtvilege at the airport la granted to any person, firm, or oorporstion to conduct or to engage in any aeronautical activity for fumlshlng services to the public at the airport, the sponsor will insert and enforce provisions requiring the oontrsctor to- (l) furnish said services on a reseonable, and not unjustly d[schminatory, basis to all users thereof, and (2) charge rsasonsble, and not unjustly d~ecriminstory, prices for each unit or service, provided that the contractor may be allowed to make ressonable and nond[scrimlnstory discounts, rebates, or other similar types of price reductions to volume purcheesra c Each fixed-based operator at the airport shall be eubJest to the same rates, fees, rentals, and other charges as are uniformly applicable to all other tixed-basad operators making the same or almllar uses of such airport and utilizing the same or similar facilities d Each air ns~ier using such airport shell have the right to service iteslf or to use any fixed-based operator that Is authorized or perm~ed by the airport to serve any air cartier at such airport e Each air oanler using such airport (v, hsther as s tenant, nontenant, or subtenant of another sir oarrler tenant) shall be subject to such nondlsedmlnstory and substantially comparable rules, regulations, conditions, rates, fees, rents~, end other charges with respect to fsetiriies directly and substantially rsisted to provldthg air transportation as ere applicable to all such air carriers which make similar use of such airport end utilize stroller facti~ties, subject to reseonable clessif'~stions such se tenants or nontenante and signatory cartiere and nonsignstory carriers Classification or statue aa tenant or signatory shall not be unraesonsbly withheld by any airport provided an air carrier assumes obligations substentisily similar to those siresdy Imposed on air carriers In such blaesltication or status f 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 strcrstt with its own employees JincJudlng but not limited to msintenar~e, repair, end fueling] that it may choose to perform g In the event the sponsor Itself exemlses any of the rights end privileges referred to in thi~ se&'.~ra nco, the services involved will be Provided on the same conditions es would apply to the furnishing of such esrvices by oommorclal aeronautical service providers authorized by the sponsor under these provisions h The eponso~ may establish such reasonable, and not unjustly di~.rlmlnato47, conditions to be mat by ali usam of the airport se may be necessary for the sale and eff~ent operation of the airport 25 The wponsor may prohibit or fimit any given type, kind o~ glass ct aeronautical uae of the airport If suc~h action Is necesosry tor the sere operation of the airport or necessary lo carve the olvti aviation needs of the public 23 Exclusive Rights It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronauticsi services to the pubhc For purposes of this paragraph, the providing of the services et an airport by a single flxed-besad operator shall not be ccnstrued aa 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 apace leased pumuant to an existing agreement between such single fixed-based operator and such airport It further agrees that It will not, eIther d~rectly or Indirectly, grant or permIt any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical acUvlhes inc!edtng but not limIted to charter flights pilot tralnlng, almraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying air oarrier operations, almraft sales and services, sale of aviahon petroleum products whether or not conducted In conjunction wIth other aeronautical activIty, repair end 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 aa an aeronautical activIty, and that it will terminate any exclusive right to conduct an aeronautical achvIty now exishng 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 airpod which will make the airport es asif..susiaiclng as pnssible under the clmumstances exIsting at the particular airport, taking into aucount such factors as the volume bt traffic and e~onomy of collachon No part of the Federal share of an airport devalopmect 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 I g70 shall be included in the rate basis in estsblishlng fees, rates, end charges for users of that airp(xt Airport Revenues a All revenues generated by the alrpert and any local taxes on aviation fuel established after December 30, 1987, will be expended by It for the cal~tsi or sperat[ng costs of the airport, the local airport system, or other Ioosi facilities which are owned or operated by the owner or operator of the airport and which are direstly and substantially rstatsd to the actual alr tran~oortsflon of paesengera or property, or for noise mItigation purposes on or oIf the airport Provided, however, that if oovenants or aesuranoes 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 conlrolting the owner or operator's finanolng, provide for the uae ot the revenues from any of the airport owner or operator's facititiee, 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 hmitat~on on the use of alt 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 raqulrad under the Single Audit Act of 19&4, the sponsor will d~ract 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 Indlcahng whether funds paid or transferred to the owner or operator are paid or transferred la a manner consistent with Title 49, United States Code and any other applicable provision of law, thclud~ng any regulation promulgated by the Secretary or Administrator Any clvll penalties or other sanctions will be Imposed for vlolation of this assurance in accordance with the provisions of Section 47107 of TItis 4g, United States Code 26 Reports and Inspections It will a submit to the Sacrelary auch annual or special financial and operations reports as the Secretary may reasonably request end make such reports available lo the public, make available to the public at reasonable times and places a report of the sirpod badger in a format prescribed by the Secretary, b for akport development projects, make the airport and all airport records and documents affecting the airport, including deede, taeses, operation and use agreements, regulations and other instnJmants available for inspection by any duly suthortzed agent of the Secretary upon reasonable request, c for noise oompatlbllity program proJects, make records and documents relating to the project and condnued compliance with the terms, conditions and assurances of the grant agreement including deeds, leases, agreements, regulations and other instruments, available for Inspection by any duly authorized agent of the Secretary upon rsaeonsbis request, and d In a format and time prescribed by the Secretary, provide to the 8ecretsry and make available to the public following saoh of its fiscal yearn, an annual report I~silng in detail (i) all amounts paid by the airport to any other unit ot government and the purpoesa for which each such payment wac made, and (Il) all services and property provided by the airport to other units ot government and the amount of oompenestion received for provision bt each such service and property 27, Ues by Government Aircraft It will mabe available sil of the facilities of the airport devsiobed with Foderal llnanblal assietar~e and all those usable fo*' landing and takeoff of aircraft to the UnIted States f~ use by Government slmraft in common with other air=afl et sil times without charge, exosp~, If the uae by Government aircraft is ~ubetantlal, charge may be made for a reasonable share, proportional to ~uch use, for the eom of operating end mathtelnlng the fasilitles used Unless otherwise detarmthed by the Secretary, or otherwtae 26 agreed to by the ~x)nsor end the u~ng agency substantial u~ of an airport by Government alroraft will be constderad to exist when operations of ~uch alroraft are I~ excess of those which, In the opinion of the Secretary, would u~luty interfere with uae of the landing areas by other a~ther~_ed elroraft, er dunng any calendar month that a Five (5) or more Government alroraft are regularly based at the aTrpo,'t or on land adjacent thereto or b The total number of movements (counting each landing es e move~onf) of Government almrsft Is 300 or more, or the grosa accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by [Iroes weights of such alroraft) is in excess of five million pounds 28 Land for Federal Factlitlos It will furnish without cost to the Federal Government for use In connccllon with any air trsffic control or air navigst~on activities, or weather-reporbng and communication activities relsted to air trsfflo control, any areas of lend or water, or es[ate therein, or rights in buildings of the sponsor as the Secretary coneldem necessary or desirable for construction, operation, end malntensnce 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 I~an of the airport showing (1) boundaries of the airport and all proposed addltmns thereto, together wth the boundaries of ali offsite areas owned or controlled by the wponaor for alrpod purpoesa and proposed additions thereto, (2) the ]ocstion and nature of alt existing and propesed airpod facilities and ~a'ucturss (such as runways, taxlways, aprons, termlnsl buildings, hangars and roads), Including al~ proposed extensions and reductions ot existing airport facilities, and (3) the location of all existing end proposed nonaviatlon areas end of all existing Improvements therecn Such airport layout plans and each amendment, revision, or modirtestton thereof, shall be subject to the spproval of the Secretary which approval shall be evidenced by the signsture of a duty authorized representative of the Secretary on the face of the airport layout plan The sponsor witl not make or permit any changes or alterations in the airport or any of Its facititlss whish are not In conformity with the airport layout plan aa approved by the Sesrstary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficlenoy 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, er efficiency ot any federally owned, leased, or funded property on or off the airport and which is not In conformity with the airport layout plan es approved by the Secretary, the owner or operator will, If requested, by the Secretary (1) eliminate such adverse eh'est In · manner approved by the Secretary, or (2) bear all costs of relocating such property (or replacement thereof) to e site acceptable to the Secretary and all costs of restortng such property (or replacement thereof) to the level of safety, ut~hty, efficiscoy, and cost of operation existing before the unapproved change In the airport or its facilities 30 Civil Rights It will comply with such miss as ere pmmuigsted to assure that no person shall on the grounds of race, creed, color, national origin, sex, age, or hendmsp be excluded from participating In any est~vity conducted with or benefihng from funds received from thls 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 er 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 wh[ch Federal financial assistance Is extended, or for another purpnse involving the provision of similar services or benefits, or (b) the period during whk~h the sponsor retains ownership or possession of the property 31 Disposal of Land a F~ land pumhesod under a grant for airpod noise compstJbll~ty purposes, It will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the esritest practicable time That portion of the pracesda of such disposition which Is proportionate to the United States' share of esqutsttlon of such land wil;, 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 b (1) 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 o~ make available to the Secretary en amount equal to the United States' proportionsta share of the fair market value of the land That portion of the precesds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will (a) upon application to the Secretary, be reinvested in another elig[ble airport Improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secrstary for deposit in the Trust Fund If no eligible project exists (2) Land shall be considered to be needed for airport purpnsee under this assurance If (a) it may be needed for aeroosutisal purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from Interim uses of such land oortlributes to the financial self sufficiency of the airport Further, land purohesed with a grant received by an airport operator er owner be[ore 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 uae, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989 27 c DispoNtion of such land under (a) or (b) will be s4JbJec~ to the retention or reservation of any interest or Itght therein nncessery to ensure that such land will only be used for purposes which are compatlbis with noise levels associated with operation of the airport 32 Engineering and Design Services. I~ will award each contrac[ or sub-contract for program management, construction management, planning studies, fess~blllty etudies, smhitecturet services, prstlminary engineering design, engineering, surveying, mapping of related services with respect to the project in the same manner as a co,'ffrect fof erchltecturet and engineering services Is negotiated under Title IX of the Federal Property end Administrative Servicf~s Act of 1949 or ar~ equivalent quetd'~cations-bssed requirement preecrlbed 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 of 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 Potlciea, Standarde, andSpectficatlons It wiil carry out the projectln aocordaocewithpolloles standards and specifications app+'oved by the Secretary Inctudlng but not hmited to the adwsmy circulars listed in the Current FAA Advisory Circulars far AIP projects dated 7/1/99 and Included in this grant, and In accordance w~th applicable state policies, standards, and specifications approved by the Secretary 35 Relocation end Rssl Property Acqutsttion (f) It will be guided Ir} acquiring real property, to the grsstest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or relmburee property ownsm for necessary expenses as specified In SuE)part B (2) It will provide a relocation assistance program offertng the services described in Subpart C end fair and reasonable relocation payments and aaststance to displaced persona es required in Subpart D and E of 4~9 CFR Part 24 (3) It will make evsitable within a reasonable period of time prior to dlsplecemefrt, comparable replacement dwellings to dipplased persons In accordance with Subpart E of 49 CFR Part 24 36 Access By Interclty Buses The airport owner or operator will permit to the maximum extent prectk;able, Interstty buses or other modes of transportation to have access to the strport, however it has no obligation to fund special facilities for intemity buses or for other modes of transportation 37 Disadvsutaged Bustness Enterprises The recipient shall not discrimlnate on the basis of race, co~or, national ertgln or sex in the award end performance of any DO?-assisted conb'act or In the administration of its DBE program orthe requirements of 49 CFR Part 26 The Recipient shall take all necessary and reasonable Nape under 49 CFR Part 26 to ensure non dlscriminatmn In the award and administration of DOT-assisted contracts The rec¥isnt'e DBE program, aa required by 49 CFR Pad 26, and as approved by DOT, is Incorporated by reference In this agreement implementation of this program is a legal obligation and failure to carry out its terms shetl be treated aa · violation of this agreement Upon notif'~cat~on 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) 28 CURRENT FAA ADVISORY CIRCULARS FOR AlP/PFC PROJECTS Updated on 7/f/99 The ~*ollow~ng apply to b~h A~P and PfC h'oj acts NUMBER TITLE 70/7460~1J Obstruction Marking and Lighbng 150/500013 Announcement of Avails billty-RTCA lac Document RTCA 221, Guidance and Recommended Requirements for Airport Surfaco Movement Sensors 15oi5100 14C Ai'ohltectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200 ~0A, CHG 1 & 2 Airpnd Winter Safely and Operations 150/5200 ~3 Ha,'~ardoua Wildlife Attraotants On ot Near Airports 150/5210 5B Painting Marking and Lighting of Vehicles Used on an Airport 150/5210 7B Aimralt Fire and Rescue Communlcahons 150/5210 13A Water Rescue Ptans Facirit~ea and Equipment 150/5210 14A Airport Fire and Rescue Personnel Protecbve Clothing 15015210 15 Ailport Rescue & Flrefightmg Station Building Design 150/5210 18 Systems for Inte~acBve Training of Airport Petsonnst 150/5210 19 Drivels Enhanced Vision System (DEVS) 150/5220.4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 10B G;ufde Specification for Water/Foam Type Aircraft Rescue and Fire§ghtlng Vehicles 150/5220 13B Runway Surface Condition Sensor Specification Guide 150/5220 16B Automated Weather Obsewing Systems for NonFederal Applications 15oi5220 17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220 18 I~.llldings for Storage and Maintenance o! Airport Snow and ice Control Equipment and Materials 150/5220 19 Guide Speclficstlon for Smstl Dual Agent Aircrstt Rescue and Flrefighting Vehicles 150/5220 20, CBG 1 Airport 8now and Ice Control Equipment 150/5220 2lA Guide Specitf~eilon for Lilts Used to Board Aidine Passengers With Mobility Impairments 150/5300 13 CHG 1 2 3, 4 5 Airport Design 150/5300 14 Design of Aircraft Deicing Faollltms 150~53(X) 15 Uae of Vstue Engineering for Engineering Destgn of Airport Grant Projects 150/5320 SS AIrpo~t Drainage 150/5320-6D Airport Pavement Destgn and Evatustion 150/5320 12C Measurement ConstrucUon and Malntsnance of Skid Resistant Airport Pavement Surfaces 150/5320 14 Alrpod Landscaping for Noise Control Purposes t 50/5320 t6 Airport Pavement Design for the Boeing 777 Airplane~ 150/532B-4A, CHG 1 Runway Length Requirements tar Airport Design 150/5340 IG Standards for Airport Markings 150/5340-4C, CHG t & 2 Inststiaflon De{aria for Runway Centsrllne Touchdown Zone Lighting Systems 150/5340 5B, CHG I Segmented Circle Airpo~'t Marker System 150/5340 14B, CHG 1 & 2 Economy App~roach Lighting Aids 150/5340 t 7B Standby Power for Non FAA Airport Llghhng Systems 150~5340 18C, CHG 1 Standards for Airport Sign Systems 150/5340 19 Taxiwey Centarilne Llghhng System 150/5340 21 Airport Mis~eitaneous Lighting Visual Aids 150/5340 23B Supplementer Wind Cones 150/5340 24, CHG 1 Runway and Takiway Edge Lighting System 150/5340 27A Air4o-.Ground Radio Control of Airport Ughtlng Systems 150/5345 3D Specifiostion fo~ L821 Panels for Remote Control of Airport Lighting 150/5345 5A Clrouit Selector Switch 150/5345 7D, CHG 1 Specification for L824 Underground Electrical Cabta for Airport Lighting C~rcuits 150/5345 10E Specification for Constant Current Regulators Regulator Monitors 150/5345 12C Spe~l~aflon for Airport and Heliport Beacon 150/5345 13A Specification roi' L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Ughting Cirouits 150/5345 26B, CHG 1 & 2 8pecl~stlon for L823 Plug and Receptacle, Cable Connectors 150/5:~15 27C 8pecificstidn f~Wind Cone Assemblies 150/5345-28D, CHG 1 Pteclston Approach Path Indicator (PAPI) Systems 150/5345-3gB Clio t FAA Specification L853 Runway and Tax:~,vay Centeriine Retroreflecflve Markers 150/5345-42C CHG 1 Specification for Airport Light Bases Transformer Housings Junction Boxes and 150/5345-47A Isolation Transformers for Airport Lighting Systems 150/5360-17.A Nrp~t Signing & Oraphic~ 150/5360 1 $, Clio 1 Planning and Design Guidance for Airpolt Terminal Facilities 15~/5370-10A CHG 1,2, 3, 4, 5 6, 7, 8, 9 Standards for Specifying Con~'ucfl~ of Airporfa 150/5370-11, CHG t Ute of Nondestructive Ta~ng Devicss In file Evaluation of Airport Pavements 15~/5390-2A Hellporf DeNgn 150/539~3 Ve~o~xt Design 29 Agenda No__~_O.O- O~Z Agenda item. AGENDA INFORMATION SHEET ~ AGENDA DATE: May 16, 2000 DEPARTMENT: General Government CM/DCM/ACM: Michael W Jez, City Manager SUBJECT: Cons]der approval of a resolution estabhshlng maximum permitted rates that Charter Commumcatlons may charge its Denton cable television subscribers for basra cable service, associated equipment, changmg tiers, and the hourly servme charge, providing a severablhty clause, and providing an effective date BACKGROUND: The City is cerhfied to regulate cable telemmon rates for basic cable service, eqmpment, changing tiers, and the hourly service charge Under the current franchise agreement, Charter Communtcat]ons has agreed to file for new rates only once per year The city received the appropriate FCC Forms (1240 and 1205) on March 1, 2000 The City has one year from that date to issue a rate order establishing the maximum rates that Charter Commumcat]ons may charge In their filing, Charter Communications indicates that new rates are the result of"certain extemal costs, 0 e, programming), inflation, true-up adjustments and increased cost associated with delivering cable service as allowed by the Forms 1240 and 1205" FCC Form 1240 calculates the maximum permitted rate for basic cable service Form 1205 calculates maximum permitted rates for equipment, changing tiers, and the hourly service charge A comparison of the cable operator's existing maximum permitted rates follows Item Current Proposed Basle Cable $9 44/mo $9 90 Converter (addressable) $3 63/mo $5 30 Converter (non-addressable) $2 23/mo N/A Advanced analogue converter $3 63/mo N/A Digital converter $6 95/$8 95* $8 80 Remote Control $0 37/mo $0 18/mo Changing tiers $2 00 $2 00 Hourly service charge $34 96/hr $20 35/hr Council Agenda Cable Rates May 16, 2000 Page 2 of 3 * These mounts are currently being charged The $6 95 monthly rental rate is a discounted rate g~ven to customers for subscribing to the D~gltal Choice Package, and the $8 95 monthly rental rate is charged to customers that do not subscribe to this package According to the 1999 rate ordinance, Council found these rates to be reasonable but never authorized a specific maximum permitted rate Charter's latest filing indicates that they intend to raise the basic cable service rate $0 46 per month ($9 44 to $9 90) Their fihng also contains a $1 67 increase for addressable converter rental ($3 63 to $5 30) and a $1 85 increase or $0 15 decrease for the d~g~tal converter rental ($6 95/$8 95 to $8 80) dependtng on subscribed servmes Their rate for changing t~ers remains the same, wh~le their remote rentals wall decrease $0 19 ($0 37 to $0 18) and the hourly servme charge will decrease $14 61 ($34 96 to $20 35) Regarding the hourly service rate, it should be noted that Charter has set certmn time standards for certain types of installations which we asked our rate consultant to examine Also, last year Charter indicated that they did not ~ntend to offer a non-addressable converter or advanced analogue converter, however Council decided to set these rates anyway This year Charter agmn does not intend to offer these converters and in fact d~d not even file a rate for these items Connie Cannady, of C2 Consulting, has analyzed the cable operator's proposed rates for basra cable service, converters, remote controls, changing t~ers, and the hourly servme charge Her report is attached OPTIONS: 1) Approve the rates as filed by Charter Commumcatlons prior to June 1, 2000 and they will go into effect on June 1, 2000 2) Approve the rates recommended by C2 Consulting prior to June 1, 2000, and those rates must be ~mplement by Charter on June 1, 2000 However, Charter Communmatlons may attempt to obtain an order by the FCC or a court staying the effectiveness of the City's rate order and thus allowing implementation of the filed rates 3) Take no officml action prior to June 1, 2000 and Charter Commumcatlons may implement their filed rates on June 1, 2000 If Charter Communtcat~ons ~mplements their filed rates on June 1, 2000, and ~f Councd approves lower rates after June 1, 2000, then Charter Communications must implement the lower rates ~mmedlately Again, Charter Communications may attempt to obtmn an order by the FCC or a court staying the effectiveness of the C~ty's rate order and thus allowing implementation of the filed rates However, ~f the FCC or the courts uphold the lower rates, Charter Communications would Council Agenda Cable Rates May 16, 2000 Page 3 of 3 have to rebate the difference to subscribers or factor the overcharges ~nto next year's calculaUons RECOMMENDATION Staff recommends option #2, approwng rates as determined by C2 Consulting PRIOR ACTION/REVIEW (Councfi~ Boards, Comm~ssion)' Public Heanng held April 18, 2000, C~ty Coullcll Work Session April 25, 2000 FISCAL INFORMATION' H~gher rates would ~mpact subscribers City receives 5% of Charter Communications gross revenues as franchise fees Respectfully submitted ~etty Wl~hams D~rector of Management and Public Informatmn Prepared by Jo~Cabrales Jr ~ PubIic Information Officer Attachments 1 Report from C2 Consulting 2 Amended FCC Form 1205 Explanations To FCC Form 1205 Schedule D AveraEe Hours Per Irlstallatlon Change ~f UNWIRED SawlGe (Trick UNV~IRED- AERIAL UNDERGROUND RECONNECT AJO ~ INSTALL A/O RETURN Roll Required ROUTING WOR~( ORDERS 08 08 08 00 08 C v MATERIAL ACQ &ISSUE SO 50 40 20 30 2u TOTAL Minutes/Task 1028 1328 568 SgO 558 44. TOTAL Hours/Task ZT! 221 095 053 093 0,~ Worksheet for Calculating Permitted Equipment and Inatallatlon Charges Line 4 (Allocation %) and Line 6 (Hours) The percentage hsted on Lme 4 :s used to a~iocate the capital costs (shown on Schedule A) and the operatin8 expenses developed for the Form 1205 calculation 05/12/00 ];RI 09 12 F,~ 9727260212 C2 CONSULTING ~002 SERVICES, INC. 7801 Pencro8~ Ln Tel. (972) 726-7216 Dallas, Texao 75248 Fax (972) 726-0212 Ma~ 12, 20OO Mr John Cabral~ Pubhc lnfonunl~on Officc~ City o£Danton 215 E' McYonney Denton, Texas 76201 Dear Mr Cnbrales As follow-up to tho ~ssues adetmfiad m the April 24, 2000 preinmnnxy repoxt, C2 Consultml~ Sennces, Ine, ("C2") recoived additionul datn ~om ChnHer and contmand diseues~ons v~th Charter represantat~ves The nut, al result of such nddmonal efforts was the munnded Form 1205 filing submitted by Chnrter o~ or about May l, 2000 The following report ts intended to be an addendum to the original April 24~ findings vnth discuss~on of only those issues that were not resolved by Charter's amanded Form 1205 flhng The prmciplo unresolved issue relates to tho proposed monthly lease rate for non-d~tul converters As stated m tim April 24~ r.~ tho FCC requires flint when aggmgatm$ equipment types, 'a"basle-only" rate be developed.' hntml follow-up d~scovery w~th tho Company was tn mi attempt to separal~ out that per,on of tho proposed $5 30 monthly rate that should bo assigned to bamc-gnly customers Duo to tho Ivnnqer m which the accounting re.~.~ls are mmntamed, Charter was unable to provide such a breakout. Further nnnlys~s demonstrated that tho $5 30 did not appear reasonable m hght of tho fact/hat tho categoryof~onvortorsmciudedbexesthatrangomongmal cost ~om $60 00 to $185 00 Eveud one a~sumed that all of the boxes were at tho highcot price (which dearly ts not tho mine), tho mlnua] roqmred recovea~' cAtl~ttlated pursuant to tho Form 1205 only approximates tho proposed rate Tins leads to tho conolanmn ~h~ Cbertor probably has a m~omfi, caut inventory of boxas for whchl the capital costs a~c included, but tho number of boxes are not' Unfortunately, tho Company was unable to pro~nde data that showed tho number or ~qoflul costs of eaoh of the &florence types of boxes included m tho Form 1205 Throngh dismmsioas with Charter representa~vos, C2 dm, eloped a gross es~m~tton formula usm$ tho following 1 See C2 rcpo~t, dated April 24. 2000. pp 4-5 ~ The monthly lease rates are ~aleulated based on fl~e sum aftho annual deprevsatwn, annual labor to repair and maratmn, and the annual return on the net Woss book dwlded by the number of boxes tn sarv~ees Clearly, If there es~st a mgmflcant raventory, the eepttal costs for such mventoq~ m m~luded, dnvm§ upward the re,every for each box in servim 11 05/12/00 FRI 09 12 FAX 9727260212 C2 CONSULTING ~003 Mr John Cabrales May 12, 2000 Page 2 The average p~rcentage of standard converters to the total converter populat~un based on the 1999 Form 1205 filing, Tho average puce per addmssable converters based on the mformauun prowded in the 1999 Form 1205 flhng, · A culculation of the total number of boxes that could be represented by thc gross book value noted on the instant Form 1205 using the average computatmns noted above, and · Inclusion of a ten percent mventoo/for which the "box count" would not be included These computattons resulted tn an average monthly lease rate per non-d~g~tal box of $4 13 Due to the lack of avmlable data, C2 is unable to adequately resolve the issue of a ~baslc-only" converter rate Based on the FCC regulations, b~canse Charter Is unable to pro,ado the data to jus~afy its proposed aggregat~un of dtfferent types of converters and cannot detertmne a "basic only" rate proposal, the City could take the poslUon that the Company has not justified any change m converters rates from the current charges~ However, telung into constderatiun the culculat~on dascnbed above and flus "burden of proof' argument, C2 makes the following recommandattons · The City should consider edoptmg a monthly maxamum perm~ed eddvessable conve~er rate of $4 13, and · The Cfly should coumder denying any increase m the standard converter rate and ra- affirm the monthly maxunum p~mutted rate at $1 19 SUMMARY OF FINDINGS AND RECOMMENDATIONS In summat~ C2 mcommands that the City approve the installation rates, the lease rate for remotes and the lease rate for digttal convert, rs as proposed by Charter ra 1ts amended Fonu 1205 fihng. These rates reflect the changes proposed by C2 for · Exclusion of capitalized overhead and labor m developraent of the Hourly Service Chergo C'HSC") (p 2 of C2 Alm124th report) Correct,un of comraotor labor hours (p 2 of C2 April 24°~ report) · Inclusion of hours for convmer technicians m developmant of the HSC (.pp 2-3 of C2 April 24~ report) · Devalopment of fully ltermzed mneframes for various installation acUvlues (p 3 of C2 April 24~' report) Exclusion of capitalized overhead and labor m converter capital costs (pp 3-4 of C2 April 24~' repo~t) With respect to the monthly converter rates, C2 recommends that the City consider adopting · A maximum penm~ted monthly lease rate for standard converters of $1 19 · A maxmmm penmtted monthly lease rate for eddressable converters of $4 13 05/12/00 FRI 09 13 FAX 9727260212 C2 CONSULTING ~004 Mr JOhn Cabrales May 12, 2000 Page 3 C2 appreciates harms tins opportumty to work wth the C~ty of Denton tn r~vmw of the Form 1240 and Form 1205 rates If you have any qu©~ons regarding flus report or need clartficatlons as to the r~commm~latmns, plense contact Ms Conme Cannady at (972) 726-7216 V~ Iruly yourS, C2 Consulbng SzrvicoS, ]nc 13 TABLE OF CONTENTS A. PROJECT TEAM B. SCOPE OF SERVICES C. NARRATIVE ON SCOPE AND ASSUMPTIONS D. COST PROPOSAL - ESTIMATE OF HOURS AND COST E. SUBCONSULTANT SCOPE AND PROPOSALS E-1 Montgomery Watson America E-2 Process Application Incorporated E-3 Isbell Structural Engineers [OFFOOO$O]T ~LR RWTP_SCOPE_OF_SER VICES\TA BLE OF CONTENTS DOC A. PROJECT TEAM Des~g~ Team The proposed de$1gn team for the Lake Ray Roberts 20 mgd surface Water Treatment Plant, Ozone D~slnfection Facillttes, High Service Pump Station and Ground Storage Project (LRRWTP Project) includes Freese and Nichols, Montgomery Watson, Process Applicat:ons, Inc, and Isbell Structural Engineers Freese and Nichols will be the Prime Consultant with MW, PAl and ISE being proposed as subconsultants to FNI for the Electrical and Instrumentation and Control (MW), the Ozone System Optimization (PAl) and the AdmimstratlordOperattons bufldmg structural des:gn work (ISE) Freese and N~chols, Inc Freeso and N~chols, Inc will be the Prime consultant and have overall project technical responsibility as well as perform the project adm~mstrat~ve tasks FNI will prepare all process, hydrauhe, pumping, civil, structural, architectural, geoteehnical and building mechamcal designs, except as noted below FNI will provide construction phase engineering services voth support from the subconsultants FNI will provide the on-s~te Resident Representative Montgomery Watson America Montgomery Watson will perform all of the electrical power supply design for the LRRWTP Project voth the exceptmn of the HSPS FNI will prepare the HSPS electrical design MW will prepare the Instrumentation and Control design for the LRRWTP Project MW will prepare the generator, electrical, structural, architectural and budding mechameal design for the Back Up Power Generator Building Montgomery Watson America will perform oversight review of the ozone process design to be prepared by FNI Isbell Structural Engineers The original areluteet for the Administration Budding, Gary Juren Architects, has indicated he is not in a positron to undertake the ass:gnment of the updated design but has prowded FNI the original demgn reformation and work FNI's architects w, ll be responsible for modifying the bmlding design and contract documents The structural engineer for the Administration Buikhng was Dawd Isbell Engineers He has indicated he would be available to prepare the required structural modifications on the building Process Applications, Inc Kerwin Rakness of PAl will perform the ozone bench-scale testing, perform QA/QC on the process and detail design of the ozone system, conduct ozone design optimization workshops, and assist m the start up and trmnmg of the ozone facflmes Mr Rakness has 5/5/00 A-I performed mmflar tasks for the City of Arlington, Fort Worth, Dallas, and Upper Tnmty Regional Water District WTP's The proposed management and techmcal staff include Pnnclpal in Charge Robert Pence FNI ProJect Manager Ray Longona FNI ProJect Engineer (WTP) Iqbal Hossaln FNI ProJect Engineer (lISPS) Rusty Gibson FNI Amlntectural Design Neff Pmitt FNI Structural Design Admin Bldg David Isbell ISE Plant Structures Bow Lin FNI General Civil Tony Bosecker FNI Oootechmcal Chuck Easton FNI Electrical and I/C Design Pete Landgraf MW Ozone Optimization Kerwm Rakness PAI It is not ant~mpated that any ad/htlonal surveying will be reqmred IOFF000~0IT ~LRRWTP_SCOPE_OF_$ERVICES~PROJECT_TEAM 5/5/00 A-2 A C E N T U R Y O F $ E R V I C E FREESE*NICHOLS May 9, 2000 Mr Tim Ftsher, P E Asmstant D~rector of Water Utflmes C~ty of Denton 901 A Texas Street Denton, TX 76201 RE Commitment of ProJect Personnel Lake Ray Roberts WTP ProJect City of Denton Dear Mr F~sher In response to your request, the followmg table ~dent~fies the key design staff asmgned to the Lake Ray Roberts Water Treatment Plant ProJect and their expected commitment of time to the project A copy oftheuc resumes also are included Position Staff Person Percent of Time Committed to Project Pnnmpal ~n Charge Robert F Pence, P E 5% Project Manager Raymond Longona, P E, DEE 40% Project Engineer (High Service Pump Station) Rusty Gibson, P E 50% (Ozone Famht~es) Iqbal Hossam, P E 50% (Overall Facllmes) Dawd Jackson, P E 50% Architect R Neff Pmltt, AIA 25% Structural Bow Lm 40% General C~wl Tony Bosecker, P E 20% Geotechmcal Chuck Easton 10% The periods oftnne that each person will be active on the project will vary some, but the percentage values shown reflect their and Freese and N~chols' commitment to the project We will not change any of these asmgnments/commgments without perm~smon fi.om the C~ty of Denton Freese and N~chols, Inc Engineers Environmental Scientists ~ Architects 4055 International Plaza Suite 200 Fort Worth Texas 76109 4895 817-735-7300 Fax 817 735 7491 You might also note that in Freese and Nichols' previous work with the City of Denton, we have always delivered to the Caty for the duration of the job, the personnel that were eomnutted to the project on the front end If you have any questions, please contact me at (817) 735-7327 Smeerely, FREESE_AND NICHOLS INC R,~a,~nond R Longon~f'P E, DEE Pnnc~pal Enclosures [OFFOOOSO]T ~let~F~sher LRRWTP Commitment Robert F. Pence, P.E. Sanitary Engineer FREESE o NICHOLS Senior Vice Presldant Operations Manager Years Experience. W~th Tlus F~rm 21 W~th Other F~rms 6 Education: M S, C~vll Enguneenng (Enwronmental Division), Texas A&M Umverslty, 1978 B S, Civil Englneenng, Texas A&M Umvermty, 1972 Registration: Professional Engineer, Texas #49560, 1981 Professional Experience 1978 - Present: Freese and Nmhols, Inc, Fort Worth, Texas 1995 - Present' Operations Manager 1994 - 1995 Senior Vice President of Enwronmental Dlmslon 1988 - 1994. Vice President and Manager of Environmental Engmeenng Department 1982 - 1988 Associate 1978 - 1982. Design Engineer, ProJect Engineer and ProJect Manager 1976 - 1978: Texas A&M Umverslty, Research Assistant and Graduate Student 1972 - 1976: U S Army, Platoon Leader and Executive Officer of Combat Engineer Company, 1st Cavalry DlWsmn, Fort Hood, Texas Mr Pence is a semor vice president of Freese and N~chols and operations manager of the firm's Enmronmental and Facdlttes Support Groups and the Dallas and Longmew offices He has professional experience m studies, permitting and deslgu ofboth mumclpal and mdustnalwater and wastewater faclhtles His active involvement m treatment plant studies and designs allows him to mamtatn an up- to-date working knowledge of the roles, regulations, and operatmg procedures of the Environmental Protection Agency (EPA), process systems and design reqmrements, supervisory control systems, the EPA and TNRCC permitting processes, and the intricacies of the Clean Water Act Representative projects include. Water Treatment Plants n City of Arlington - Pnnclpal-ln-charge for the 22 rmlllon ozone addition to the Plerce-Burch Water Treatment Plant n City of Fort Worth - Pnnclpal-ln-charge for the constmctlon management of $25 rmlhon Eagle Mountain Lake Water Treatment Plant n City of Denton - Project manager for an upgrade of the water treatment plant n City of Arlington - ProJect engineer for the $10 million 48 MGD expansion of the Pierce-Butch south water treatment plant The P~erce- Butch Water Treatment Facility recently received the EPA Region VI Award of Excellence m Operation and Maintenance · City of Arlington - ProJect manager for $1 7 million renovation and upgrading of the P~erce-Burch North Water Treatment Plant from 16 MGD to 40 MGD · City of Hamhn - ProJect manager for the renovation of the water treatment plant and design of 9,000 linear feet of water lines Wastewater Treatment Plant Design · Trmity Paver Authority- ProJect manager for the $125 million, 35 MGD expansion of the Central Regional Wastewater Treatment Plant n City of Breckenrldge - Pnnmpal m Charge for the expansion of the city's wastewater treatment plant · City of Fort Worth - ProJect manager for the $50 m~lhon, 24 MGD expansion of the liquid treatment facilities, project manager for the $8 mdhon Village Creek High Flow and Standby Facilities ProJect, project engineer for the $4 mllhon Village Creek Wastewater Treatment Plant Operatmnal Study and Design ProJects, project engineer for the $50 mllhon Village Creek Wastewater Treatment Plant Sludge Management ProJect which included a 156-acre sludge-only landfill, and DAF and anaerobic digestion · C~ty of Roekwall - Design engineer for the $1 7 million wastewater treatment plant and sewerage collection system n Camp Bums - Design engineer for the advanced wastewater treatment system n City of Stephenvflle - Completed an evaluation for a 1 5 MGD expansmn for the wastewater treatment plant · American Airlines - Pnnclpal-m-Charge for the American Airlines Fort Worth Alhance Maintenance Base $13 m~lhon industrial treatment plant and hazardous materials processing faclht~es n City of Mineral Wells - Pnnclpal-ln-charge of expansion and upgrade of the Pollard Creek and Willow Creek wastewater treatment plants Dechlorination Facilities · City of Fort Worth - Pnnc~pal-~n-charge for the design of dechlonnat~on facxl~t~es at Vtllage Creek Wastewater Treatment Plant u Trinity River Authority - Project manager for the design of dechlonnat~on fac~ht~es at the Central Regional Wastewater System Effluent Reuse and Irrigatmn u City of Andrews - Quahty review manager for the design of factht~es for the reuse of effluent for ~mgat~on of golf courses u City of Denver C~ty - Quality review manager for the reuse of effluent for mugatton of agricultural crops u C~ty of Denton ~ Project manager for a wastewater system master plan prov~chng for reuse of effluent for power company cooling towers Water Distribution Systems u City of Beaumont - ProJect engineer for ~mprovements to the water d~stnbutlon and pump statwn improvements · City of Arlington - ProJect manager of an lnvestlgat~on of the raw water pumping and supply hue system The ~nvest~gatlon included field testing ofemstmg pumps to evaluate current pumping conditions and to evaluate the emstmg p~pehne capacities The test results were compared to determine ffthe system would serve the water demands projected to the year 2000 Wastewater Collection u City of Fort Worth, Integrated Wet Weather Wastewater Management Program -Pnnc~pal-~n-charge ofprov~chng studies, analys~s and modelhng to develop a master plan for the ehm~nat~on of sanitary sewer overflows m the collection system A reuse study ~s included to identify and develop opportumt~es for wable projects to reduce the demand on the treatment and collection system · Trinity River Authority - Pnnc~pal-~n-Charge for design of the 54- and 60-~nch Bear Creek sewer system segments III, IV, and V, and for the Elm Fork Rehef Intereept~on Enwronmental Studies · Various Municipalities - Evaluations of the ~mpact of the Safe Dnnlong Water Act on water treatment fac~lltxes for several c~t~es · City of Denton - Ozonat~on study and design rewew · City of San Antomo - Ozonatwn study and design rewew Reports: Development of State of Texas Water Quahty Management Plans for the Upper Colorado Raver and Red Raver Basins Development of State and Areaw~de Water Quality Management Plans prepared for the North Central Texas Council of Governments Professional Societies. NSPE, TSPE Consulting Engmeenng Council of Texas American Water Works Assoclatmn Water Environment Federation Presentations and Publications "Integrating Plant Uprat~ng, Upgrading and TI-IM Control Strategies," Proceedings American Water Works Association, 1983 "Design of Acttvated Carbon System for Wood Preserwng Wastes," presented to the Purdue Industrial Waste Conference, Purdue Umvermty, Lafayette, IN, 1980 "The Treatment of Wood Preserving Wastes with Actzvated Carbon," Texas A&M Umvermty, Master's Thems 1978 Commumty Activities: Tarrant County Umted Way Vice Chmr, 1994-1995 Dlvm~on Chart-man, 1981-1986 and 1988-1993 Section Chmnnan, 1980 Loaned Executive, 1979 Leadership Fort Worth Raymond R. Longoria, P.E., DEE Municipal Water/Wastewater Techmeal D~sc~pllne Leader FREESE - NICHO~ Pnncipal Years Experience: With This Firm 18 With Other Firms 3 Education: M E, Civil Engineenng, Texas A&M Umvcrsity, 1982 B S, Civil Eng~neenng, Texas A&M University, 1977 Registration: Professional Engineer, Texas #54661, 1983 Certification: D~plomate, American Academy of Environmental Engineers, 89-10022, 1990 Professional Experience 1982 - Present' Freese and Nichols, ]nc, Fort Worth, Texas, Environmental Design Engineer, Project Engineer and Project Manager 1991 - Present. Pnnclpal 1989 - 1991. Associate 1979 - 1982: S A Garza Engineers, ]nc, Austin, Texas, Design Engineer Mr Longona, a pnnclpal of Freese and Nichols, has served as a design engineer, project engineer, and project manager for numerous water treatment and collectaon facilities, wastewater reuse feasibility studies and wastewater collection/conveyance systems in his 21 years of experience H~s respons~bthtles have included the supervision of planning, design and construction administration for municipal projects and the preparation of studies, plans, and specifications of site evaluation and site layout for large- scale, multiple-contract projects As a project manager, he rewews and oversees many of the finn's most important assignments Mr Longona ~s a Dlplomate of the American Academy of Environmental Engineers He holds a Master's Degree in C~vi1 EngIneenng from Texas A&M University Representative projects include Water Treatment · City of Arlington, Texas Water Utilities - Project manager responsible for alternative water disinfection evaluation, emphasizing ozone/GAC treatment for DBP rule comphance and taste and odor Improvements, and design of 75 MGD ozone facilities at the C~ty's Pierce-Butch Water Treatment Plant * City of Denton, Texas - ProJect manager/proJect engmeer responsible for the planning and design of a 10 MGD conventional surface water treatment plant w~th prowsions for pre-ozonat~on in the future · C~ty of Kllgore, Texas - ProJect manager responsible for the planning and design ora 3 5 MGD conventional surface water treatment plant, ~ncludmg a 100 MG terminal storage reservoir · City of Kilgore, Texas - Project manager responsible for water d~stnbutmn chemical feed improvements and add,trna of SCADA capab~ht~es for the distribution system and treatment plant · C~ty of Arhngton, Texas Water Utilities - Project manager responsible for energy study of water system operation, emphasizing treatment operations scheme to mlmmlze energy consumption and costs · City of Llano, Texas - Project manager responsible for the evaluation of the exlsttng surface water treatment plant and raw water pump station, including recommendation of Improvements Recommended improvements include a 3 0 MGD solids contact treatment plant Wastewater Treatment · Trinity River Authority - Project engineer responsible for a Prehnunary Design Repor~ and F~nal Design for the Phase III 35 MGD expansion/upgrade of the Central Regional Wastewater Treatment Plant to 135 MGD advanced treatment · Trinity River Authority - ProJect manager for 210 ton/day blosohds dewatenng faclht~es ~mprovements for the Central Regional Water and Wastewater system · C~ty of San Mareos, Texas - Program manager for $ 32 mllhon wastewater Capital Improvements Program, including expansion/upgrad~ng of 6 25 MGD secondary Water Wastewater to 9 0 advanced and stablhzation ofblosohds to Class A level · C~ty of San Marcos, Texas - Project manager responsible for rehab~htat~on and expansion of the wastewater treatment plant Converted 2 25 MGD plant to 6 25 MGD contact stabilization plant, including land disposal of waste sludge · City of San Mareos, Texas - Project manager for two 500,000 GPD contact stabthzatlon package wastewater treatment plants (Phase 1) · City of Ab~lene, Texas - Project engineer for a wastewater treatment plant evaluation to upgrade the Hamby Wastewater Treatment Plant from 13 4 to 18 MGD · City of Segmn, Texas - ProJect manager/project engineer for the Gerommo Creek Wastewater Treatment Plant ProJect consisted of a new 2 10 MGD oxidation channel wastewater treatment plant, including a 6,000 GPM submersible pump lift station · City of Segmn, Texas - ProJect manager/proJect engineer responsible for sludge dewatenng/handling improvements Provided belt press dewatermg equipment, belt press building and sludge disposal vehicle · City of Stephenville, Texas - ProJect manager/proJect engineer responsible for wastewater treatment plant evaluation, subsequent design of plant rehabilitation and expansion, including interim FnEESE* ~,c~o~ dechlonnation, and start-up and operational assistance of the facilities Project consisted of an expansion to 3 MGD In addition, 500,000 GPD of treated effluent will be reclaimed and diverted to the city park · City of Eldorado, Texas - Project engineer for engineenng study leachng to construction of a new 300,000 GPD oxidation pond treatment plant Wastewater Reuse Feasibility Studies · City of San Mareos - Technical support for design of 3 6 MGD treated effluent conveyance system to the hays Eleemc Power project · Lower Rio Grande Development Council - Fund assisted feasibility study ofprowdmg treated effluent for indirect potable water source in study of providing treated effluent for ~ndlrect potable water source in Lower Rao Grande Valley · City of Abflene, Texas - Project manager/project engineer for the Water Reclamatmn Research Project · City of Sweetwater, Texas - Project manager for a Reuse Feasibility Study · City of Breekenrldge, Texas - Project manager for a reuse feas~blhty study · City of Plainvlew, Texas - Project manager for a Reuse Feasibility Study Professional Socratics: American Soomty of Civil Engineers Water Environment Federation American Water Works Assoclatmn American Academy of Environmental Engineers Dlplomate, Water Supply and Wastewater Publications and Presentations' "Blofiltratmn - The Ultimate Balancing Act," Texas Water 2000 Annual Conference, April 2000, Dallas, Texas "Rate Setthng for Industrial Reuse m San Marcos, Texas," Water Reuse 2000 National Conference, February 2000, San Antonio, Texas "Filter Inspect:on Workshop," Texas Water 1999 Annual Conference, April 1999, Fort Worth, TX "Effluent Reuse Rates in Texas," Texas Water 1998 Annual Conference, April 1998, Galveston, TX "Bromate Formation/Removal in 03 Water Treatment Plant," Texas Water 1997 Annual Conference, April 1997, Arlington, TX "Statewlde Regional Wastewater Treatment Feaslblhty Study in Chihuahua, Mexico,' Texas Water Annual Conference, April 1996, Austin, TX "Practical Considerations Impacting the City of Sweetwater Reuse Feasibility FREESE o NICHOI.~ Study," 1993 AWWA/WEF Joint National Reuse Conference, February 1994, Dallas, TX "Status of Wastewater Effluent Reuse Studies Prepared as a Permit Renewal Reqmrement," 1992 Annual Conference, Texas Water Pollution Control Association, June 1992 "Update on Wastewater Effluent Reuse in Texas," TWPCA North Texas Section Meetmg, March 1992 "Guidelines for Developing a Water Reclamation/Reuse ProJect," 62nd Annual Conference, Water Pollution Control Federation, 1989 "Dechlonnatlon of Wastewater Effluent," Texas Water Utilities Association Short School, July 1989 "Master Plan for the Tnnity Raver Authonty's Central Regional Wastewater System," ASCE Texas Section, April 1990 Commumty Activities: YMCA of Metropolitan Fort Worth, Board of Managers, 1991-1993 United Way of Tat-rant County, Section Chmr, 1993 Russell L. Gibson, P.E. Water Resource Expert Years Experience: With This Fmrm 16 With Other Firms 3 Education: B S, Civil Engineering, Texas A&M University, 1981 Registrat~on: Professional Engineer, Texas #61883, 1987 Professional Experience: 1984 - Present: Freese and Nichols, Inc, Project Engineer and Project Manager 1982 - 1984: Bennett-Carder & Associates, Project and Design Engineer Mr Gibson has designed and managed a variety of water transmission projects as a member of Freese and Nichols' Pipeline and Pump Station Department Assignments he has been responsible for include design and resident representation of water distrthutlon and wastewater collection system improvements, water storage facihtles, and major water transmission systems Representative projects include: Water Distribution · City of Austin - Design engineer for water utilities on the Braker Lane Street project east of Loop 1 (MOPAC), which included 24-mch, 16-tach, and 12-inch water distribution mains · City of Bryan - Design engineer for water utlhtles on the Bryan East Side Access Road project winch included 12-1nth and smaller water distribution moans · City of Georgetown - Design engineer for water ~mprovements on the San Jose Neighborhood Improvement project, including small diameter water distribution moans · City of Borger, Texas - Design engineer on the Falrlane Water Improvement Project which included design of a million gallon elevated storage tank, 20-mch transmission moan, booster pumps, and site plans, and Design and Construction Engineer for the backflush holding ponds project Wastewater Collection · City of Austin - Project engineer on the Onion Creek and Boggy Creek Wastewater Interceptor, with 13,000 linear feet of 36-inch and 54-inch wastewater lines at a construction cost of $4 2 million · City of Austin - Design engineer for wastewater utilities on the Braker Lane street project east of Loop 1 (MOPAC) including lO-inch wastewater collection mares FREESE o NiCHOI-~ · City of Keene - Project manager for the Wastewater Imerceptors Project, mcludmg 30,000 feet of 10qnch to 18qnch wastewater ~nterceptors · City of Killeen - ProJect manager for the Nolan Creek Tributary II Wastewater Intemeptor wxth 20,000 feet of 6qnch to 36-inch wastewater hnes · City of KJlleen - ProJect manager for the Willow Springs Wastewater Intemeptor Pmhminary Phase I, including 24,000 feet of 30-inch and 36- inch wastewater interceptor · City of Kalleen - ProJect manager for the South Killeen Wastewater Master Plan Study · C~ty of Segmn - Project engineer for Gerommo Creek Wastewater Interceptors and Outfall ProJect including 25,000 feet of 15-mch to 30qnch wastewater hnes · City of Bryan - Design engineer for wastewater utiht~es on the Bryan East S~de Access Road project w~th 12-tach and smaller wastewater collection mains · C~ty of Georgetown - Design engmeer for wastewater improvements on the San Jose Neighborhood Improvement project · City of Borger, Texas - Project and construction engineer for the Southwest Borger Sewage Collection System covenng gravity sewer, force mare and lffi station design · City of Borger, Texas - ProJect design and construction engineer for the Downtown Borger Sewer Replacement project · C~ty of Borger, Texas - Design engineer for the Rock Creek Sewer ProJects Water Transmission · Colorado River Mumctpal Water D~str~ct - ProJect manager for the design and construction of the O H Ivle Pipeline, including 156 males of 53-tach to 60qnch p~peline with a total cost of $76 million · Colorado River Mumclpal Water D~strict - ProJect manager and resident construction engineer for the O H Ivle ProJect ~ncludxng seven pump stations, seven electric substations, five steel ground storage tanks, one 100 mllhon gallon earthen reservoir and related control systems uath a total cost of $30 mfihon · Tarrant Regaonal Water D~strict - ProJect manager for the design and construction of the 200 MGD Benbrook Pump Station, 90-inch Benbrook Pipeline, and related chemmal faclhties and control systems wah a construction cost of $30 mdhon · Canadian R~ver Mumc~pal Water Authority - Project manager for the design of the Alternate Water Supply ProJect Water Transmission Facilities, including 36 miles of 54-tach p~pehne, two pump stations, and two storage tanks The project is scheduled for construction in late 1999, and has an estimated cost of $40 mdhon · City of Cleburne - Project manager for the Aqullla Water Supply Project, including 30 miles of 24" plpehne and one pump station The project is scheduled for construction in late 1999 and has an estimated cost of FREESE ' NI<~:~HOL$ $15mllhon · North Texas Municipal Water District - Project engineer for the 28 miles of 36-, 30- and 24-inch water lines for the Wyhe-Rockwall-Farmersvllle System · Greenbelt Municipal and Industrial Water Authority - Project manager for the Chlldress Pump Station · City of Lubbock - Design engineer for the raw water intake structure of the Alan Hemjr Reservoir · City Utilities of Springfield, Missouri - Project manager for the Stockton Water Supply Study including route selection and preliminary design of 40 miles of 36qnch pipeline and pump stations · City of IOlleen - Project manager for the 30-, 24- and 20-inch water line from Pump Station No 3 to Pump Station No 4 Water Storage Facilities · City of Georgetown - Project engineer for the Leander Elevated Water Storage Tank · Colorado River Municipal Water District - Project manager and resident engineer for five welded steel ground storage tanks and one 100 million gallon earthen reservoir for the O H Ivle Pump Stations Project · Canadian River Municipal Water Authority - Project manager for two ground storage tanks · Tarrant Regional Water District - Project manager for the re-hmng of the Cedar Creek Balance Reservoirs Pubheatlons and Presentataons "The Ivle Pipeline Delivering Water to West Texas," American Society of Civil Engineers Pipeline Conference, San Antomo, Texas, 1993 "The Benbrook Connection Project", American Water Works Association, Texas Water 1998 Conference, Galveston, Texas "The O H Ine Water Transmission System", American Water Works Association, Texas Water 1998 Conference, Galveston, Texas Professional Societies: American Water Works Association American Society of Civil Engineers National Society of Professional Engineers Toastmasters International Honors and Awards. ASCE's 1997 National "Outstanding C~wl Eng~neenng Achievement Award" Nomination for the Stockton Water Supply Project ASCE's 1996 State of Texas "Outstanding Civil Eng~neenng Achievement Award" and Nomination for the National "OCEA Award" for the O H Iwe Project Chi Epsflon Iqbal Hossain, P.E. ProJect Manager Years Experience: W~th Th~s F~rm 8 W~th Other F~rms 2 Educatmn: M S, C~wl Engmeenng (Enwronmental), The Umvers~ty of Texas at Arhngton, 1992 B S, C~wl Eng~neenng, Bangladesh Umvers~ty of Engmeenng and Technology, Dhaka, Bangladesh Registration Professional Engineer, Texas #83490, 1998 Professional Experience' 1992 - Present: Freese and Nichols, Inc, Fort Worth, Texas, Environmental Engineer 1990 - 1992: UT-Arhngton Graduate Assistant Mr Hossmn has managed several water and wastewater treatment plant design and constructmn projects He specmhzes m bench-scale, pilot plant ozone studies, and full-scale ozone famhty design for water treatment plants Mr Hossmn has pubhshed numerous papers and articles relating to ozonatmn in water treatment Mr Hossam ~s an expert ~n the ~mplementatmn of the Safe Dnnk~ng Water Act (SDWA) regulatmns, especmlly ~n the new D~smfectmn ByProduct Rule (DBPR) and Interim Enhanced Surface Water Treatment Rule (IESWTR) Mr Hossa~n also has s~gmficant experience w~th State and Federally-funded projects Representative projects include Water Treatment · ProJect Manager for an non exchange facility design and construction for the C~ty of Vernon · Assistant ProJect Manager for the Cherokee and Sabine Paver Water Treatment Plants Improvements for the C~ty of Longvlew · ProJect Engineer of a 75 MGD ozonat~on famhty and Granulated Activated Carbon (GAC) Filters at the P~erce Burch Water Treatment Plant for the C~ty of Arhngton, Texas · Project Manager for the ozone pilot study for Sabine and Cherokee water treatment plants for the C~ty of Longv~ew · Project Manager for the ozonat~on pilot study for the C~ty of Clebume water treatment plant (15 MGD) · ProJect Manager for the enhanced coagulatmn studies for the Cities of Denton, Clebume, Longv~ew and Greenbelt Munlmpal and Industrial Water Authority · Conducted year-long bench-scale and pilot plant ozonatlon and peroxonat~on treatability studies wah GAC filters for C~ty of Arhngton FREESE oNICHOL8 tWO water treatment plants Evaluated d~fferent process alternatxves based on cost, safety and current and anticipated future federal regulataons · Conducted a pilot plant study on preozonatlon for turbidity and total organic carbon removal, City of Fort Worth, Texas · ProJect Engineer for a 5 1 MGD Treated Water Transfer Pump Station design for the City of Breckenndge · ProJect Engineer for a 3 0 MGD booster pump station for the C~ty of Clebume · ProJect Engineer for a 250 ppd ammoma system for C~ty of Cleburne · Hydrauhc analys~s and mod~ficatmns of a 16,000 ppd chlonne system for Ctty of Fort Worth · Conducted two bench-scale tests (Rap~d Small Scale Column Tests) using GAC at the C~ty of Arlmgton's Pierce Bumh and Southwest water treatment plants · Prepared a prehmlnary design report for construction of a 1 7 MGD conventional water treatment plant for the City of Breckenndge · Conducted a feasibility study for treatment of groundwater, C~ty of Clebume Evaluated different d~s~nfectmn processes mcludlng ozone based on cost, safety and exlstmg and future regulatmns, particularly the Groundwater D~smfectmn Rule · Evaluated chlonne and ammoma systems for Rolhng Hills Surface Water Treatment Plant for the C~ty of Fort Worth, Texas Wastewater Treatment · Project Manager for the City of Vernon Wastewater Treatment Plant Improvements · ProJect Engineer for the wastewater treatment process evaluation for the C~ty of Vernon · Design Engineer for a 4 54 MGD of a wastewater treatment plant for the City of Brownwood · Conducted a bench-scale treatability study of ~ndustnal wastewater usmg sequenctng batch reactors (SBRs) for C~ty of M~neral Wells, Texas · Completed a process design, w~th SBRs, for the C~ty of Hallswlle's wastewater treatment plant · Developed mdustnal pretreatment programs of wastewater treatment facilities m the C~t~es of Clebume, Brownwood and Stephenwlle · Conducted an mhlb~hon study using resp~rometry and bench-scale tnckhng filter for the C~ty of Brownwood, Texas · Conducted Toxicity Reduction Evaluation studies at wastewater treatment facflmes for the Cities of M~neral Wells, Brownwood and Clebume · Prepared Operation and Mmntenance Manuals (O&M) for wastewater treatment plants in the C~t~es ofBrownwood, Stephenwlle and Clebume · Conducted a Tomc~ty Source Identfficatlon study for the C~ty of FREESE - NICHOL8 Clebume Wastewater Treatment Plant The study involved treating numerous industrial wastewater samples by bench-scale activated sludge process · Conducted a treatabd~ty study on h~gh strength food processing wastewater using bench-scale Anaerobm Contact Process · Conducted a process feaslbdlty study for treatment of ~ndustnal wastewater containing "tetra methyl ammomum compounds" SACHEM, I. ne, Austin, Texas · Conducted bench-scale studies on b~ologlcal nutrient removal using pnmat~ effluent from the Village Creek Wastewater Treatment Plant, Fort Worth, Texas Evaluated the performance of an Anox~c- Anaerobic-Aerobic reactor sequence w~th sludge return Publications And Presentations "Development of Innovat:ve TRE/TSE Methodology for Identfficat~on of Unusual Industrial Toxicants," AWWA/WEAT Texas Water '97, April 1997 "Prior-Scale Invest~gatmn of Ozonat~on W~th Granular Activated Carbon Filters to Improve Dnnkmg Water Quahty," Hossmn, I et al (1995), 1995 Internattonal Ozone .4ssoctatton Pan ,4mertcan Group Group Conference, Cambridge, MA, November 12-15, 1995 "DBP Formatmn and Removal ~n Ozonatmn Reactions," Hossmn, I et al (1995), Y?orld }Yater and Envtronmental Engtneertng, February 1996 "Bench-Scale and Pdot Plant Studies on Preozonahon for Turbidity and Total Organic Carbon Removal," Hossmn, I (1992), MS CtvdEngmeertng Thests, Untverstty of Texas at ,4rhngton, December, 1992 "Effects of Ozonatmn on Taste and Odor and D~s~nfectmn By-Product Formatmn for C~ty of Arhngton Water Supply," Joost, R, Reddy, S, Hossam, I (1995), 12th }Yorld Congress of the Internattonal Ozone ,4ssoctatton, L~lle, France, May, 1995 "Bench-Scale Invast~gatmn of Ozonatmn to Meet the Proposed D~smfeetants/D~smfectmn By-Products Rule," Hossam, I, Reddy, S, Longorla, R R, Andrews, T, (1994), 1995 Texas ,41~J,,/,4 ,4nnual Conference, Corpus Chnst~, Texas "Utfl~zatmn of Sequencing Batch Reactors Technology to Resolve Regulatory and Budgetary L~m~tat~ons," K~ng, J, Smith, D, Hossmn, I (1996), 1996,4 t97~,4/IgE,4T ,4nnual Conference, Austin, Texas "Bench-Scale Testing of GAC at the C~ty of Arhngton, Texas," Reddy, S, Joost, R, Hossaln, I (1996), ,4197~`4 G,4 C and Membrane Conference, March 3-5, 1996 Honors and Awards' Marvin C N~chols Award, 1996, 1997 David R. Jackson, P.E. Enwronmental Engineer Years Experience. With This F~rm 6 With Other F~rms 0 Education B S, Civil Eng~neenng, Texas A&M Umvers~ty, 1991 M E, Clwl Engmeenng, Texas A&M Umvers~ty, 1993 Registration' Professional Engineer, Texas #82675, 1997 Professional Experience: 1993 - Present: Freese and N~chols, Inc, Fort Worth, Texas, Enwronmental Engineer Mr Jackson la an Enwronmental Engineer in Freese and Nichols' Water and Wastewater Engmeenng Group He ~s OSHA-certified for the 40-hour hazardous waste clean-up course covered ~n 29CFR 1910 120 Mr Jackson spemahzes ~n water and wastewater treatment plant design, water and wastewater planmng, wastewater collection system rehablhtatlon and design, water d~stnbutlon system design, and mfl~tary/Depurtment of Energy storm water management and lndustnal pretreatment Representative projects include Water Treatment · C~ty of Midland - Managed and prepared the design of chlonne and ammoma faclhtles improvements to the C~ty's water treatment plant and elevated tank storage fatalities, including chlonne and ammoma feed equipment and scrubber systems · City of Arlington - Managed and prepared the design of modfficat~ons and improvements to the sedimentation basins and wash water return system at the City's Plerce-Burch Water Treatment Plant · City of Arhngton - Prepared design analys~s and cost eng~neenng ~n evaluatmn of alternatives for future expansion of the C~ty's water treatment plants · City of Fort Worth - Conducted analysis for a remote pump station safety evaluation study including compliance to the reqmrements o f the Uniform Fire Code · City of Fort Worth - Designed modlfiCatlons to the chlonne and ammoma fac~htles at the City's Holly Water Treatment Plant · City of Fort Worth - Designed miscellaneous d~slnfectlon modifications for the C~ty's Holly Water Treatment Plant Wastewater Treatment a City of Cleburne - Designed modifications and improvements to the city's wastewater treatment plant and conducted a hydraulic analys~s of FREESE ° NI the treatment plant S City of Fort Worth - Conducted analys~s of the Village Creek Wastewater Treatment Plant service water system using the Kent?ky pipe modeling program WaterfWastewater Planning * East Cedar Creek Fresh Water Supply D~stnct - Prepared a long- range master plan including population and flow project~ons, computer modeling and recommendations for improvements to two water treatment plants, two wastewater treatment plants and assocmted dlstnbutton and collectxon systems Water/Wastewater Distribution and Collection Systems Carter Industrial Park -Managed and prepared the design of samtary sewer system improvements for the Carter Industrial Park City of Snyder - Prepared Plans and Specifications for improvements to the C~ty's water distribution and wastewater collection systems, lncludmg design of new samtary sewer hnes, force maans, potable water lines and a sanitary sewer hft station City of Brownwood - Designed modfficatlons and prepared plans and specifications for the C~ty's wastewater collection system rehablhtatlon including the use of trenchless rehabthtatlon techmques Military and DOE · Red River Army Depot - Managed and prepared a hm~ted cond~tlon assessment on the stormwater and industrial wastewater collection systems at the Depot a Red River Army Depot - Prepared a feasibility study of treatment alternatives for replacement of stormwater lagoons at the Depot · Fort Hood, Texas - Designed modifications and prepared plans and spemficatlons for the oil/water separator and hard stand mochficatmns project and coorchnated design w~th the Corps of Enloneers and Fort Hood · Fort Polk, Louisiana - Designed and prepared plans and spemficat~ons for the oil/water separator sludge disposal and facdlty upgrade Fort Bhss, Texas - Designed ~mprovements and developed plans and specifications for the stonnwater management and mi/water separator modfficatlons project a Fort Polk, Louismna - Conducted sludge and effluent sampling, analysis and charactenzatwn for the mi/water separator mvantory I Professional Societies: Water Enwronment Federation American Water Works Associations Publications and Presentations "Resolution of Immediate and Long-Term Water and Wastewater Planning for the East Cedar Creek Fresh Water Supply Distnct," 1997 Joint AWWA/WEAT Annual Texas Water Conference, Apnl 1997, Arlington, Texas "Power and Cost Considerations in Evaluation of Water Treatment Plant Expansion Alternatives for the City of Arl,ngton, Texas," 1996 Joint AWWA/WEAT Annual Texas Water Conference, Apnl 1996, Austin, Texas R. Nell Pruitt, AIA, CSI, NCARB Architect FREESE - N~CHOLS Pnnclpal Years Experience' With This Firm 10 With other Firms 27 Education: B S, Architecture, Structural Opt]on, Texas Technological University, 1959 Registration: Registered Architect, Texas #2932, 1964 Registered Architect, Kentucky g4009, 1992 Registered Architect, Maryland #9380, 1994 Registered Architect, South Carohna ~4472, 1992 Registered Architect, V~rg]n]a #8534, 1992 National Certification NCARB #41054, 1991 Registered Interior Designer, Texas #5323, 1993 Certifications. Certified Aeeess]b]hty Speemhst TAS, Texas, 1995 Certified Building Code/Accessibility Specialist, ICBO #84334, 1995 Professional Experience 1989 - Present: Freese and Nichols, Inc, Fort Worth, Texas, Semor Architect 1967 - 1980: Maples Associates, Fort Worth, Texas Office Manager/Architect 1964 - 1967' Harry Robinson, P E, Wlctuta Falls, Texas, MEP Designer 1963 - 1964' James R Kdlebrew, Wichita Falls, Texas, Architect 1961 - 1963' Pond & Bellamy, Wichita Falls, Texas, Dral~sman Mr Prmtt has over 36 years of experience in various types of architectural projects In addition to architectural design and construct]on document production, he has experience in structural design and experience with regjstered engineers ~n design of plumbing, heating and air eondmomng and electrmal systems for bmld]ngs He has been project manager for three large, multi-finn, jomt-venture projects, including a large university science bmld]ng and phases I through/II of John Peter Sm]th Hospital in Fort Worth, Texas His arebateetural experience includes the private as well as government sector, including numerous projects for the Air Force and Corps of Engineers Mr Pru]tt has been project manager for numerous large projects dunng the past 34 years He is presently a pnnc]pal and Senior Architect with Freese and Nichols, Inc Representative Projects Include' Water Treatment Plants FREESE o u City of Longview - Chlonne Bmldmg · City of Arlington - Chlonne/Ammonla Building · City of Fort Worth - Holly Treatment Plant In Fort Worth, Texas · City of Arlington - Pierce-Burch Treatment Plant in Arlington, Texas n City of Abilene - Grimes Treatment Plant ~n Abllene, Texas · City of Grapevine - Grapewne Water Treatment Plant · City of Fort Worth - Chemical Bmldlng and Renovations at Rolhng Hills Treatment Plant In Fort Worth, Texas · City of IOlgore - Water Treatment Plant · City of Sulphur Springs - Administrative Budding and Laboratory at the water treatment plant · City of Sequin - Water treatment plant improvements · City of WaxahachIe - Water treatment plant improvements · City of Beaumont - Laboratory, Administrative Office Building and pump station · City of San Marcos - Renovations to the ex~stmg water treatment plant · City of Odessa - Improvements to water treatment plant · City of Ponder - Water Treatment Plant ~mprovements · City of Denton - Peach Street Water Treatment Plant Administration Building in Denton, Texas · City of Naeogdoches - Addition to water treatment plant n City of Fort Worth - Rolling Hills Water Treatment Plant · City of Damgerfleld - Water Treatment Plant Administration Building and Filter Building · City of Bridgeport - Water Treatment Plant Administration Bmld~ng and Filter Bmldmg · Northeast Texas Municipal Water District - Water Treatment Plant · City of Keene - Water treatment plant improvements · City of Brownwood - Administration Bmldlng and Laboratory at water treatment plant · City of Arlington - Ozone Generation Bmld~ng Pump Stations · Tarrant County Water District - Raw Water Pump Station at Cedar Creek m Athens, Texas · Rachland Creek Pump Station at Richland Chambers Lake · O H. Ivle Water System - Six pump stations in West Texas from Big Spnngs to San Angelo · U.S. Corps of Engineers - Boggy Creek Storm Water Pump Station · Tarrant Co Water District - Raw Water Booster Pump Station ~n Waxahachie, Texas · North Texas Water District - Lake Texoma Raw Water Pump Station in Lake Texoma, Texas n Colorado Paver Authority - Pump Station, Lubbock, Texas n Benbrook Lake Pump Station n Los Colinas, Texas - Flood Control Pump Station · Lake Lavon Pump Station n C~ty of Fort Worth - Two pump stations at Waxahach~e, Texas n U.S. Corps of Engineers - Benbrook Lake Pump Station · U.S. Corps of Engineers - Lake Texoma Pump Stahon Wastewater Treatment Plants n City of Denton - Pecan Creek Wastewater Treatment Plant Belt Press and Plant Improvements n City of Denton - Pecan Creek Wastewater Treatment Plant Administration Building and Laboratory n City of Fort Worth - Sludge Handhng Bmld~ng at Village Creek Wastewater Treatment Plant · City of Fort Worth - Chlonne Building at Village Creek Wastewater Treatment Plant · C~ty of Fort Worth - Deehlonnatlon Building at Village Creek Waste Treatment Plant · Trinity River Authority - Central Regional Treatment Plant Deehlonnatlon Building m Grand Prame, Texas n C~ty of Grapevine - Peach Street Wastewater Treatment Plant Admmlstratlon Building and Belt Press · C~ty of Fort Worth - Computer addlOon for the Village Creek Treatment Plant n City of Fort Worth - Village Creek Wastewater Treatment Plant Incinerator Building · City of Fort Worth - Village Creek Wastewater Treatment Plant Belt Press Buildings · City of Fort Worth - Village Creek Wastewater Treatment Plant Filter Gallery · Trinity River Authority - Central Regional Wastewater Treatment plant Pump Station 6A, 13A, Belt Press Building and Blower Building · City of Fort Worth - Modification to Centrifuge Bmld~ng at Village Creek Wastewater Treatment Plant · City of Grapevine - Renovations and Belt Press Addition · C~ty of Fort Worth - Security Gates and Fencing at Village Creek Wastewater Treatment Plant Offices and Administration Facilities · Edna Gladney Maternity Home - Adm~mstratlve Office Building · Edna Gladney Maternity Home - Counseling Center, Fort Worth, Texas · City of Denton - Administration Building at Pecan Creek Wastewater Treatment Plant I City of Brownwood - Admlmstratlon Building at Brownwood Water Treatment Plant · Mackenzie Water Improvement District - Adrmmstration Building in FREESE ' NI Tuha, Texas · Pale Duro River Authority - Admlmstrat~on Building in Spearman, Texas · Edna Gladney Matermty Home - Administrative Bmldlng in Fort Worth, Texas · City of Midlothlan - Study and master plan for a public safety building to house admlmstratlve offices, police and fire departments · Trinity l~aver Authority - Office Building and Storage Warehouse for Purchasing Department of the Central Wastewater Treatment Plant m Grand Prame, Texas · Southwestern Petroleum Company - Administrative Office Building Addmon ~n Fort Worth, Texas · Harlston Gravel Development - Adm~mstration Building and Club House for New Housing Addition ~n Fort Worth, Texas · North Texas Municipal Water District - Headquarters Building in Fort Worth, Texas · City of Gainesville - Mmn L~brary in Gamesvllle, Texas · Sabine River Authority - Lake Fork Adm~mstrat~on Bmld~ng Addition · Texas Midland Telephone - Headquarters in Grandwew, Texas · Texas M~dland Telephone - Renovations to Office Bmld~ng Laboratories · City of Beaumont - Laboratory and Eqmpment Testing Building · City of Arhngton - New Laboratory and Admimstratmn Building at P~erce-Burch Water Treatment Plant · City of Daingerfleld - Testing Laboratory for Damgerfield Water Treatment Plant · Water Quahty Laboratory at various water treatment plants Sulphur Spnngs, Sflverton, San Mareos, Brownwood, Bndgepor/and Pale Duro · Texas Refining Corp. - Quahty Control Laboratory for Roof Manufactunng Plant in Fort Worth, Texas · City of Denton - City Laboratory at Pecan Creek Wastewater Treatment Plant · City of San Antonio - Design for Testing Laboratory for Applewh~te Water Treatment Plant · Trinity River Authority - Laboratory Expansion for Central Regional Wastewater Treatment Plant · Trimty River Authority - Renovation of existing laboratory at Central Regmnal Wastewater Treatment Plant · City of Arlington - Addition and renovatlns to ex~stlng laboratory at Pierce Butch Water Treatment Plant · City of Brownwood - Laboratory at Water Treatment Plant · Lake Bridgeport - Laboratory at Water Treatment Plant Special Expertise. Architectural Coord~natmn FREESE ' NICHOLS Master Planmng and Space Studies L~fe Safety and Bmldmg Codes Hand~capped Accessibility Hardware Interior Design and Color Coordination Presentations and Pubhcattons. "Specifier" Masonry Study, Constmctmn Specfficatmns Institute, 1985 "Specffier" Specffication Certfficat~on, Construction Speclficatmns Institute, 1986 ADA Comphance at the Plant Site, WEAT Convention, 1993 Honors and Awards: Mayor's Special Committee for Bulld~ng Regulations, Chatrman Outstanding New Member, CSI Outstanding Professional Member, CSI C~ty Beautfficat~on Award - Games Treatment Plant, Abflane, Texas Professional Organizations. Texas Society ofArcintects (TSA) American Institute of Architects (AIA), Member Constmctmn Spemficatwns Institute (CSI) Natmnal Council of Architectural Registratmn Board (NCARB) AIA Fort Worth Community Act~wt~es: Overton United Methodist Church, Board of Stewards YMCA, Member Bow J. Lin, P.E. Structural Engtneer Fm"=ESE - NICHOLS Years Experience: With This Finn 10 With Other Firms 4 Educatmn: B S, Civil Engmeenng, Tamkang Umverslty, Tmwan, 1979 M S, Civil Engmeenng, Umverslty of Texas at Arlington, 1987 Professional Training: Prestressed Concrete Bridge Design Seminar, TxDOT, PCMA, PCI, October 1999 Registratmn: Professional Engineer, Texas #73524, 1992 Professional Experience 1990 - Present: Freese and Nichols, Inc, Fort Worth, Texas, Structural Engineer 1988 - 1990: Symons Corporatmn, D~stnct Engineer 1981 - 1983: Three Men Architects & Associates, Tmpel, Tmwan, Structural Engineer Mr Lin ns a structural engineer with Freese and N~chols H~s experience with Freese and Nmhols includes design of various structures for water treatment plants, wastewater treatment plants, water transmission structures, and drainage and flood control structures His experience also ~ncludes structural demgn for new braidings and faclhtles and renovation of existing buildings and faclhtles H~s experience w~th other firms includes forming and shonng design for concrete structure construction and structural design for multi-story reinforced concrete bmld~ngs Representative prelects include Wastewater Treatment · City of Keene ~ Design of various structures for the Keene Wastewater Treatment Plant · City of Stephenvflle - Design of various structures for the Stephenvdle Wastewater Treatment Plant Expansion · C~ty of Mineral Wells - Design of various structures for the Pollard Creek Wastewater Treatment Plant Expansion · City of Cleburne - Design of various structures for the Clebume Wastewater Treatment Plant Improvements · City of Cleburne - Design of various structures for the Rechumed Water Treatment Famht~es FEEESE- NIC:~HOL~ Water Treatment · City of Denton - Structural design of se&mentat~on and flocculatlon basms for the Lake Ray Roberts Water Treatment Plant · San Antonio Water Board - Structural design of various structures for the Applewhlte Water Treatment Plant · City of Fort Worth - Structural design of various structures for the Village Creek Wastewater Treatment Plant Phase II C expansion · City of Arlington - Structural design of various structures for the Southwest and Plerce-Burch Waste Treatment Plants Improvement · City of Longview - Structural design of various structures for the Cherokee and Sabine Water Treatment Plant ~mprovements · City of Fort Worth - Structural design of various structures for the Rolling Hills Water Treatment Plant ~mprovements · Canadian River Municipal Water Authority - Structural design of two pump statmns Water Transmission · Colorado River Municipal Water District - Structural design of five pump statmns located at &fferent cities m West Texas locaUons for O H Iwe Pump Stations proJect · North Texas Mumclpal District - Structural design of Raw Water Pump Stataon No 3 at Lake Lavon, Texas · Tarrant County Water Control and Improvement District #1 - Structural design of outlet structure at Benbrook Lake on Benbrook Connection proJect · City of L~berty - Structural design of pump station on flood protection levee project · City of Cleburne - Structural design of Aqmlla Pump Station Drainage and Flood Control Projects · City of Carrollton, Texas - Structural design of channel retaining walls for Country Place channel ~mprovements Phase II, design included rock grawty retmmng walls, concrete with rock veneer retatnmg walls and dams ~n the channel · Birmingham International Airport, Alabama - Structural design of pump statmn, junction boxes, rctmmng walls and extension of existing box culvert for flood water control · City of Arlington, Texas - Design of retaining halls w~th and w~thout drilled shafts for Greenway/Cloverdale Channel improvements New Buildings and Facibties Structural · Federal Aviation Association - Design of DFW TRACON Expansion ESU building foundation at D/FW International Airport, Texas · Federal Aviation Association - Design of foundations for ARSR#4 FREESEoNI Tower and facility building at Rock Spnng, Texas · Federal Aviation Association - Design of foundations for ARSR#4 Tower and facility building at Yang Mountain, Texas · D/FW International Airport Board - Design of electrical vault bmldmg at D/FW International garport Existing Buildings and Facilities Structural Rehablhtatlon · Trinity River Authority - Structural rehabilitation for equalization basins no 1-4 at Central Regional Wastewater Treatment Plant · City of Grapevine - Structural rehablhtatlon of various buildings for Colleyvllle Middle School additions · City of Killeeu - Structural repair of waste transfer station Dam and Spillway Projects · City of Corpus Christi - Wesley Seal Darn Stabilization, work included the spillway structural analysis and strengthemng of the spillway based on the analysis The analysis was performed by analyzing a fmate element model created by the STAAD III computer program The spillway was modeled being supported by spnngs with various spnng constants to simulate the existing soft condition · City of Arhngton, Texas - Structural design ofretmmng walls on Lake Arlington Dam for PMF control · City of Fort Worth - Lake Worth Dam wall for PMF control, work included the existing dam stability analysis and new parapet walls design · City of Watauga - Structural design of spillway at Cap Smith Park Miscellaneous · CTI Engineering Co, Ltd. (Japan) - Analysis and design for temporary sheattung systems for excavation under various soft conditions The systems included cantilevered HP piles, HP piles with struts, and sheet piles with anchor ties Forming and shoring design for concrete structure construction for · Johnson City Wastewater Treatment Plant for C & L Construction · Red Oak Creek Wastewater Treatment Plant for Martin K Eby Construction Co · Village Creek Wastewater Treatment Plant in Fort Worth for Martin K Eby Construction Co · Bells Wastewater Treatment Plant for Cole & Smithen Construction · Longview Wastewater Treatment Plant for Bar Construction · Wilson Creek Wastewater Treatment Plant for Cajun Construction · Northeast Mississippi Water Treatment Plant for Gartex Construction · Plttsburg Water Treatment Plant for Heritage Construction · Action Water Treatment Plant for C & L ConstmcUon · Midland Water Treatment Plant for Martin K Eby Construction · Grapevine Water Treatment Plant for H B Zachry Construction · Highland Park Water Treatment Plant for Bar Construction · Pddge View Pump Station for Red Paver Construction · Cedarcrest Pump Station for Cajun Construction · Cooper Lake Pump Station for Bar Construction · Lake C-ranbury Pump Station for Martin K Eby Construction · Lake Texoma Pump Station for Purcell & Sons Construction · Amencan Airlines Maintenance Hangar at Alliance Airport, Fort Worth, for H C B Construction · Turbine Generator Building for AES Power Plant at Panama, OK, for H B Zachry Construction · Missile Magazines Storage in Mississippi for C Construction · Interstate highway 49 bndges at Shreveport, Oklahoma for construction of the bridge piers, pier caps, and abutments for the Shappert Engmeenng Co and Netherton Company · State baghway 820 overpass at highway 1-30 at Shreveport, Oklahoma for construction of the bridge decks, piers, pier caps, and abutments for the Netherton Company · Loop 820 overpass at highway 1-30 at Fort Worth, Texas for construction of the bndge piers and pier caps for the H B Zachary Construction · State lughway 190 bridge at Garland, Texas for construction of the bndge piers, and pier caps for the H B Zachary Construction Multi-Story Buildings · Structural design for two-story reinforced concrete Crown Office Bull&ng at Tmpeh Talwan · Structural design for four-story reinforced concrete Pelton Apartment Building at Pelton, Tmwan · Structural design for seven-story reinforced concrete North F-Shin Road Apartment Building in Taipel, Talwan · Structural design for one-story reinforced concrete Crown office bml&ng ~n Tmpel, Tmwan David Anthony (Tony) Bosecker, P.E. Solid Waste Engineer FREESE- NI Years Experience: With This Firm 10 With Other Finns 2 Education: B S, Civil Englneenng, University of Illinois, 1988 B S, Geology, University of Ilhnms, 1986 Professional Training: Static and Seismic Slope Stabfl:ty for Waste Containment Facilities, Continuing Educatmn Seminar, University of Wisconsin-Madison, November 1996 Landfill Design Series, "Cell and Liner System Detailed Design," Continuing Education Seminar, Orlando, Florida, March 1994 OSHA Certification, Hazardous Waste Operat:ons and Emergency Response Training, July 1992 Clay Liners and Covers for Waste Disposal Facilities, Continuing Education Seminar, The University of Texas at Austin, February 1992 "Deslgmng with Geosynthetlcs' seminar, Atlanta, Georgia, November 1992 Registration: Professional Engineer, Texas #80158, 1995 Professional Experience. 1990 - Present' Freese and Nichols, Inc, Fort Worth, Texas, ProJect Manager and Geotechmcal Engineer 1989 - 1990: Professional Service Industries, Inc, Piano, Texas, Division Manager 1989: Professional Service Industries, Inc, Shreveport, Louisiana, Staff Engineer Mr Bosecker is a project manager and geotechmcal engineer for a number ofmvfl engmeenng projects including waste management, site development, and stormwater drmnage improvements Waste management activities include site compat:bihty studies, preparation of permit applications, preparation of plans and spec:ficatlons, construction phase services, and closure plans His duties also include planmng and coordinating geotechmcal investigations and performing geotechmcal analysis for solid waste management projects Representative projects include' FREI:SE-NICHOL~ Landfill Planning, Permitting and Design · City of Cleburne - ProJect manager or ProJect enganeer for a vauety of projects for the City's mummpal sohd waste landfill Projects and duties included Sohd Waste Management Plans (1992 and 1996] Prepared plans that reviewed the Caty's solid waste options and prepared updated cost analysas for each optmn Landfill S~te Selectmn Study (1997-1998] Prepared study to locate a new sohd waste famhty ancludang evaluatmn of multaple s~tes and worlong with a catlzen's adwsory eommattee to determine the most optamum sate Class I Landfill Modlficataons (1994 - 1995] Prepared permat modaficataon documents for exastmg facility to comply w~th Subtitle D regulataons Prepared permit modlfieatmn to existing site operations to allow use of an alternate dmly cover Landfill Doslg~ (1994 -Present] Prepared constructmn plans and spemficatmns for two clay-hned cells whmh included desagn of liner and leachate collectmn systems Prepared soil liner evaluation report (SLER) for two Subtatle D cells Prepared constructmn plans and specaficataons for partial closure of existing landfill cell Prepared constructmn plans and specifications for drainage channel and stormwater pond ~mprovements · City of Snyder - ProJect engineer for permattmg and construction at the Caty's munlcapal sohd waste landfill Projects and dutaes included Permit Amendment Documents (1997 - 1998] Prepared major permit amendment documents for expansaon of thc C~ty's landfill Landfill Desa~n (1997 and 2000] Prepared constructmn plans and specifications for a five-acre and an 11- acre landfill cell Desagned composite synthetac liner system, leachate collection system and final cover system Liner and final cover system ancluded liner slope stablhty design Prepared geosynthetac clay liner evaluation report (GCLER) for landfill cells · Blue Flats Disposal, Inc - Project manager for desagn of 140-acre mummpal sohd waste facahty m Palo Pinto County, Texas Projects and duties included Site Comoat~bdatv Study (1992] Prepared feasabihty study for project area to determine compat~bahty for use as a mummpal sohd waste landfill sate Permit Documents (1995 - Present) Prepared permit documents for greenfield site that was declared techmcally complete in 1997 FItEEaE o ~IICHOk,~ Designed composite synthetic liner system, leachate collection system and final cover system Liner and final cover system included hner slope stabthty design Providing public heanng support as Engineer of Record · City of Fort Worth ProJect engineer for expansion of the Southeast Samtary Landfill Projects and duties Included Class I Landfill Modification (1993-1994) Prepared permit modification documents for existing facility to comply with Subtitle D regulations Designed composite liner system and leachate collection system · City of Odessa - ProJect manager for expansion of the Johnson Ranch II Landfill ProJects and duties included Class I Landfill Modification and Amendment (1993-1995) Prepared permit modification documents for existing facility to comply with Subtffie D regulations Designed composite liner system and leachate collection system Prepared permit amendment documents for expansion of existing facility Landfill Gas As~assment (1995) Developed soil gas survey to determine the extent of migration of landfill gas beyond the permitted boundary of the landfill · SORD Sanitary Landfill, Ardmore, Oklahoma - Project manager for upgrade of existing 120-acre landfill ProJect and duties included Landfill Modification ( 1994 - 1995~ Prepared permit modification documents for existing facility to comply v~th Subtitle D regulations Landfill Design (1994 - 1995) Prepared construction plans and specifications for future landfill cell development Developed liner installation and testing plan and designed leachate collection system · Ellis-Scott Landfill, Clinton, Missouri - Proj eot engineer for upgrade of emstmg 120-acre landfill ProJect and duties Included Landfill Modification (1993 - 1994) Prepared permit modification documents for existing facility to comply w~th Subtitle D regulations Landfill Des~an (1993 - 1994~ Prepared construction plans and specifications for future landfill cell development. Dasigned composite synthetic liner system, leachate collection system and final cover system Liner and final cover system Included liner slope stability design · City Public Service of San Antonio - Project engineer for design of a Class I Industrial waste disposal facility ProJeCt and duties included Landfill Design (1992) Prepared constructmn plans and specfficat~ons for waste disposal facility FREESE * N[~HOL~ Designed double geomembrane liner system, leachate collection system and leak detection system Landfill Capping and Final Cover Design · Trinity River Authority, Grand Prairie - Project engineer for design of a 32-acre clay cap over a sludge monofill Project and duties include Landfill Evaluation (1998) Prepared repor~ on landfill evaluation whmh included addressing slope stability concerns, drainage, odors and other regulatory ~ssues Landfill Can Design (1998-1999~ Prepared construction plans and specifications for capping 32 acres over a sludge monofill Designed cap, cap droanage and gas vent systems · Private Industrial Chent, Fort Worth - Project engineer for design of a four-acre hazardous waste containment cap Landfill Can Design (1996) Prepared construction plans and specffieatlons for capping a four-acre area with lead contaminated softs Designed composite-lined cap and drainage layer · H~ckam AFB, Hawan - Project engineer for design of cap and gas vent system over contaminated soils Cover Des~ (1997~ Prepared constructmn plans and specfficatlons for composite liner system and gas venting system beneath Temporary Lodging Facility buildings to provide pmtectmn from contaminated sods Designed composite-lined cap and gas vent system · Private Industrml Firm, East Texas - Project engineer for slope ~mprovements to a hazardous waste landfill Landfill Cap Design (1992] Prepared construction plans and specifications for capping the slopes of a hazardous landfill Designed soft cap and drainage system Transfer Station Desagn · City of Cleburne (1999-2000) - ProJect engineer for design of a Type V Solid Waste Transfer Station Building Duties ~nclude preparation of registration documents and construction plans and specfficat~ons · Alined Waste Industries (1999-2000) ProJect engineer for Improvements to existing Type V Solid Waste Transfer Station Building Duties include preparation of permit documents and eonstruetmn plans and specifications · City of Borger (1994) - Project engineer for the design of a Type V Sohd Waste Facility (transfer station) Duties included prepanng construction plans and speclficahons for the transfer station that also has recycling capabdit:es North Texas Mumc~pal Water District (1991) - Design engineer for Lookout Dave Transfer Stat:on Duties included prepanng constructmn plans and specifications Pond Containment Design · Municipal Golf, Inc. (1995) - Project engineer for design of geomembrane hner system for secondary effluent pond at a municipal golf course In North Texas · DFW Airport (1996) - ProJect engineer for design of a synthetic liner and floatang cover system for two glycol containment ponds · Private Commercial Firm, North Texas (1998) ~ Project engineer for design of storrnwater improvements ~ncluding contmnment pond design · Private Industrial Firm, North Texas (1992) - Design engineer for design of improvements to wastewater treatment lagoons Stormwater Pollution Prevention Plans (SWPP) Erosion Control Plans · Orval Hall Excavatmn Company - Prepared SWPP for activities associated w~th the construction of over three miles of Center Street and Mesqmte Street ~mprovements m Arlington, Texas The project area encompassed approximately 29 acres · ABCO Builders, Inc. - Prepared SWPP for actlvitms associated with the construct:on of the Speedway Club and the Outlaw Dn't Track at Texas Motor Speedway in Fort Worth, Texas The project area encompassed approximately 13 acres · Seymour-Johnson Air Force Base, North Carolina, Robins A~r Force Base, Georgia; Keesler Air Force Base, Mississippi - Prepared SWPP for activities assocmted with the construction of temporary lodging facflmes for three air force bases Each project area consisted of approximately five acres The SWPPs were prepared for eomphance with the EPA's National Pollutant Discharge Ehmmatlon System (NPDES) Program for construction aetlwt~es The plans included specifying and locating soft erosion and sediment controls to prevent or rmmrnlze soil, sediments, or pollutants originating on s~te from flowing into surface water bodms dunng construction and identifying appropriate stormwater management controls A Notme of Intent (NOI) for coverage under the EPA's General Permit was submitted to the agency prior to begmmng earth disturbing activities Levee and Earthwork Design · City of Fort Worth (1994) - ProJect engineer for design of rinsing levees at the mmn plant at the Village Creek Wastewater Treatment Plant FREESE-NICHOLS including preparation of englneenng report and construction plans and specxficatlons · City of Fort Worth (1992) - Design engineer for design of xmprovements to the sludge drying bed levee at the Village Creek Wastewater Treatment Plant which included preparation of an englneenng study of the erosion damage to the levee, drainage design and preparation of construction plans and specifications · City of Denver City (1991) - Design engineer for design ofa wastewater treatment faclhty and lift stations including slope stability analysis, site lnvesttgation, preparation of geotechnical report and preparation of construction plans and specifications Site Development Design · Seymour-Johnson AFB, North Carolina; Robins AFB, Georgia, MeChord AFB, Washington; Keesler AFB, Mississippi, Davis- Monthan AFB, Arizona (1997-1998) - ProJect engineer for design of temporary lodging facilities at five different air force bases Duties included design of site utilities, pavement, grading and drainage, and preparation of construction plans · Lockheed Martin (1999) - ProJect engineer for design of a four-story builchng expansxon Duties ~ncluded design of s~te utilities, grading and drainage, and pavement design and preparation of construction plans and specifications · Trinity River Authority (1999) - ProJect engineer for design of modffieations to solids dewatenng bmldlng Duties included roadway design, truck scale design, grading and drainage, site utilities improvements, and preparation of construction plans and speefficatlons Construction Services · City of Fort Worth (1990) - Performed resident eng~neenng duties including field testing and review of contractor's pay estimates for the improvements to the Southeast Sanitary Landfill · Trinity River Authority (1990 - 1991) - Performed resident engmeenng duties includang field testing and review of contractor's pay estimates for a sludge monofill at the Central Regional Wastewater System plant · Professional Service Industries, lnc, Piano - Division manager responsible for supervision, coordination and training of construction quality control staff as well as engineenng evaluation and reporting of construction materials testing Duties also included administration and market development Miscellaneous · Professional Service Industries, Inc, Shreveport - Staff engineer responsible for coordination and supervision of field and laboratory FREESEo~IICHC)La testing, reporting of construction matenals testing, geotechnical investigations including formulation of testing program and subsequent reporting of investigations, and assistant management activities · John Carroll, Inc., Hardin County, Illinois - Assistant geologist responsible for surveying, soil sampling, gamma ray spectrometer analysis, and geologic mapping Professional Societies: American Society of C~vml Engineers North American Geosynthetlcs Society, Member, 1995-Present Presentations and Publications. "A Case Study ora Texas City's Innovative Approach to Using Multiple Solid Waste Management Facilities," TNRCC Solid Waste Options Conference, January 1995 Charles N. Easton, P.E. Project Manager/Geoteehmcal Engineer FREESE * NICHOLS Years Experience: W~th Tlus F~nn 1 W~th Other F~rms 34 Education: M S, Soft Englneenng, Iowa State Umvers~ty, 1968 B S, C~vfl Engmeenng, Iowa State Umvers~ty, 1966 Registration: Professional Engineer, Texas #83094, 1997 Professional Engineer, Nebraska #E3640, 1972 Professmnal Experience' 1999 - Present: Freese and N~chols, Inc, Fort Worth, Texas, Project Manager, Geotechmcal Engineer 1970 - 1999: Woodward-Clyde Consultants, V~ce President 1968 - 1970: U S Army Corps of Engineers, Alaska D~stnct, Soft Engineer 1966 - 1968: Iowa State Umvers~ty, Graduate Research Assistant 1965 - 1966: U S Army Corps of Eng~neers, Alaska D~stnct, Eng~neenng Techmc~an Mr Easton offers a broad range of geotechnlcal englneenng experience He has managed geoteehmcal ~nvest~gat~ons and construction ~nspect~on for several hundred d~verse projects including water and sewage treatment plants, water pumping stations and transm~ssmn hnes, stormwater and wastewater grawty sewers, pumping statmns, force mmns, a~rfields, railroad grades and mmntenance facilities, commereml and industrial bmldmgs and complexes, shopping centers, multi-story hospitals and offices, parks, and storage structures He has investigated various d~stressed structures and slopes to determme the cause old,stress and select remedial measures Mr Easton's experience also revolves ~mprowng s~tes to allow the use of economical shallow foundations Treatments usually ~nvolve combinations of overexcavatlon, structural fill placement, compaction of softs ~n place, and preeompressmn w~th surcharge fills He has supervised ~nspect~on of site preparation and foundation construction for numerous commercial and industrial projects Representative projects ~nclude · Wesley Seale Dam, Corpus Christi, Texas, Project Manager/Engineer - Two 50-foot h~gh by 1000-foot long concrete gated spillway sectmns were shd~ng on their foundations Mr Easton planned and d~rected all field and laboratory ~nvestlgat~ons and made the stab~hty analyses to recommend design criteria for ballast and soft anchors to stabilize the spillways · California Creek Conversion, Geotechmcal Task Manager/Engineer - Design of a 25-foot h~gh by 50-foot long channel dam, 80 MGD pumping station, and 2000 feet of 60-1ach d~ameter p~pehne · Wirtz Dam, Project Manager/Engineer - A 100-foot h~gh hydroelectric structure founded on granite, where post-tensioned anchors were designed and ~nstalled to stabilize the concrete grawty sectlon~ and a soft-cement overlay was built to protect the embankment dunng overtopping · Longview Raw Water Reservoir, Project Manager/Engineer - Reqmnng a 60-foot h~gh by 740-foot long embankment dam · Benbrook Connection, Benbrook, Texas, Project Manager/Engineer - Included a 200 MGD pump statmn built on p~crs in 75-foot deep water ~n Lake Benbrook, 40,000 feet of 90-1nch dmmeter open trench p~pehne, e~ght tunneled tmdercross~ngs, an outlet structure on Lake Benbrook, and two dechlonnatmn facd~t~es · Lamar Lake, Project Manager/Engineer - Rehabflttat~on of a 20-foot high by 540-foot long earth embankment constructed about 1920, damaged by wave erosion, undemuttmg of the spillway and complete overgrowth by mature trees · Cherokee Water Treatment Plant, Longvlew, Texas, Project Manager/Engineer - Filter and chemmal famhty additions · Lake O' The Pines Raw Water Intake Structure, Project Manager/Engineer - Reqmnng a 50-foot deep excavatmn extending mto the lake · Hubbard Creek Dam, Project Manager/Engineer - Replacement of plezometers * Omaha Raverfront Redevelopment Project, Nebraska, Project Manager for Geotechmcal Services - Demobtmn, grading, and ~nfrastmcture construetmn for a 135-acre commercml development, a 35-acre park w~th a 15-acre lake, and construction of an 8-building corporate campus · Platte West Water Treatment Faclhty Transmission Lines, Nebraska, Project Manager for Geotechmcal Investigations - ~ncluded a new well field, collector p~plng system, 74,000' of 60" and 72" diameter transmms~on bne, as well as alternate s~t~ng studies for a new water treatment plant · Willow Creek Dam, P~erce, Nebraska, ProJect Engineer for Geotechnical Services - Th~s dam reqmred a 50-foot h~gh, one-half mile long embankment across overconsohdated clays, sands, and compressible organm clays, all underlmn by an artesian regmnal aquifer · U.S. Army Corps of Engineers, Alaska District - Mr Easton planned and conducted field investigations for structures and harbors, designed rock and timber dikes, inspected pipelines, and compiled information FREESE" NICHOLS on design and performance of pile foundations m permafrost Presentations and Publications: "In-Place c-q~ Shear Test for Subaqueous Sediments," with Robert A Lohnes and R L Handy, Proceedings The International Symposium on the Englneenng Properties of Sea-Floor Soils and Their Geophysical Identification 1091 "Construction and Evaluation of Sand Fills," with Wllham L Durbm and Howard M McMaster, University of Kansas, 23'd Annual Soft Mechanics and Foundation Engmeenng Conference, March, 1974 "Instrumentation of Embankment on Soft Clay," Proceedings Woodward- Clyde Consultants' Seminar on Case Hastones, St Louis, MIssouri, October, 1986 "Performance of Heavy Structures Founded Upon Loess at Varying Moisture Conditmns,' with Steven R Saye and Kenneth H Nass, Enmneenn~ Geology, 25 (1988) pp 325-339 Professional Societies: Amencan Society of Civil Engineers B SCOPE OF SERVICES Owner. City of Denton Water Utilities Project. Lake Ray Roberts 20 mgd Surface Water Treatment Plant Design and Construction Phase Scope of Services This scope of services includes the design and construction phase eng~neenng services related to the improvements recommended m the following reports · Lake Ray Roberts Water Treatment Plant - Final Prehmtnary Design Report, (April 1990) · Modifications to Lake Ray Roberts Water Treatment Plant - Prehmtnary Design Report, (February 2000) The LRRWTP ProJect is to be designed in accordance with the original April 1990 Preliminary Design Report with the approved modifications from the February 2000 PDR Modifications The design of the proposed LRRWTP ProJect includes a 20-mgd Raw Water Pump Station and Pipeline from Lake Ray Roberts, a 20-mgd Ozone Water Treatment Plant, and a 60-mgd Storage and High Service Pump Statton The major modifications to the plant design from the Aptal 1990 PDR are · An Increase in theplant capaciO~from 10 to 20 mgd, · ,4 change from conventional coagulation treatment and chlonne dtsmfectton to Pre- ozonation wtth conventional coagulation and Ozone distnfectton, and · Relocation of the treated water storage and htgh servtce pumpmgfrom the Hartlee Field Road site to the LRR WTP stte. The specific elements of the proposed 20 mgd Lake Ray Roberts Ozone Water Treatment Plant and High Service Pump Station include 1. Raw Water Pump Station and Pipeline 2 Pre-Ozone Contaetor 3. Pump Diffusion Vault 4. Raw Water Splitter Box 5. FIoeculation/Sedlmentatlon Basra (Two Trains) 6. Intermediate Ozone Contactor 7. Ozone Generator Building 8. LOX Storage Facility 9. Self Backwash, GAC Filters with Air Scour and Filter to Waste (Two Trains) 10. Air Scour Blowers, Piping and Building 11. Filtered Water Transfer Pump Station 12. At Grade Ground Storage Tank (6 MG) 13. 60 mgd High Service Pump Station (Ultimate) 5/5/00 B-1 14. Washwater Reclamation Basin 15. Sludge Lagoons 16. Liquid Chemical Feed Building 17. Liquid Chemical Storage Area 18. Chlorine and Ammonia Feed and Storage Budding 19. Chlorine and Ammonia Scrubber System 20. Administration/Operations Building 21. Slurry Trench Wall for Containment of Groundwater 22. Basin Drain System 23. Back Up Power System 24. Offslte Drainage Improvements 25. Plant Electrical Power 26. Plant Instrumentation and Control System 27. Domestic Wastewater Septic System 28. Plant Landscaping The site layout drawing (Ftgure ES-1 tn Section C, Narrative on Scope and Assurnpttons) illustrates the ongtnal facthttes, the mochfied facdmes, and the new facdmes Table SN-1, m Section C, designates the design capactty and original/modified/new status of the major elements of the LRRWTP, as well as the esUmated cost The overall estimated oplmon of probable constmcUon cost for the current 20-mgd LRRWTP with ozone treatment/dlslnfectlon and the relocated Hartlee Fteld Road storage tank and Htgh Servtce Pump StaUon is $34 - 36 mflhon dollars The scope of services for the LRRWTP Project ks divided into five tasks Task 1 - Final Design Task 2 - Construction Phase Services Task 3 - Post Construction Services Task 4 - Special Services Task $ - Additional Services The detailed scope of sermces for the LRRWTP Project is set forth below Task 1 - Final Destgn As part of baste servtces for final destgn, FNI will perform the following tasks 1 0 Project Adtmmstratlon Perform general admtmstratlve duties associated with the Project including progress momtonng, scheduling, general correspondence, office administration, and mvmctng These duties include ma~ntaming day-to-day contact and halson with the Owner and project staff, ensunng the needs of the Owner are met tn a timely manner, providing project commumcaUon, momtonng work on the 5/5/00 B-2 project, and ensunng that the work ~s executed ~n accordance w~th the work plan, budget and schedule 1 1 ProJect Meetings and Workshops Participate an the following meetings and conduct workshops to rewew progress and facilitate the exchange of ideas and mformat~on a Conduct a project tint,at,on meeting to clarify the Owner's reqmrements for the project, rewew available data, project organization, staffing, and estabhsh hnes ofcommumcat~on, present m~tml work plan and project schedule Dehverables 5 coptes of meettng mtnutes b Participate tn monthly progress meetings w~th the Owner to rewew progress and exchange ~dea~ and mformat~on A total ofs~x (6) meetings are anticipated w~th each meetmg covenng apphcable issues of each task Dehverables 5 coptes of meeting mtnutes c Arrange and participate m a meeting w~th TNRCC and prowde coordination act~wt~es throughout the project Dehverables 5 coptes of meetmg minutes 1 2 Design Rewew Workshops Conduct design phase workshops w~th Owner to rewew alternative design ~nformat~on on the following a Workshop No 1 - Ozone Bench/Pilot-Scale Contactor and Generator Design Conduct a three-day workshop m Denton to cover the Design Memorandum for the ozone related ~raprovements The first and second day will revolve a presentation of ozone background and fundamentals, the draf~ teehmcal Information from the Design Memorandum and input from the Owner The third day will be a presentation of the final Design Memorandum Dehverables 5 coptes of Draft and Ftnal Design Memorandum b Workshop No 2 - Chlonne/Ammoma Storage and Feed and Transfer Pump Station Design Conduct a two-day workshop m Denton to cover the Design Memoranda for the chlonne and amrnoma storage and feed facilities and the transfer pump station The first day will ~nvolve a presentatmn of the draf~ teehmcal ~nformat~on from the Destgn Memoranda and input from 5/5/00 B-3 the Owner The second day will be a presentation of the final Design Memoranda Dehverables 5 coptes of Draft and Ftnal Destgn Memoranda c Workshop No 3 - Equipment Manufacturer and Material of Construction Input Submit information descnblng the recommended equipment and processes for Owner's review Conduct a one-day workshop in Denton to identify Owner's criteria on equipment, material of construction and design preferences Dehverables 5 copses of meettng minutes d & e Workshops No 4 & 5 - 50% and 90% Review of Prehmlnarg Documents At the 50 and 90 percent completion pomts on the project submit preliminary documents for review by the Owner and partm~pate in a workshop to receive Owner's ~nput Dehverables 5 copses of revtew documents 5 copses ofmtnutesfrom each workshop 1 3 Construction Contract Documents The elements involved in the preparation of the contract documents include a Prepare detailed drawings and specifications and other contract documents for the proposed construction work and for the materials and eqmpment reqmred b The documents shall incorporate standard forms provided by Freese and Nmhols, Inc and shall be prepared for select, on of private construction contractors on a competitive b~d bas~s c Prepare one (1) construction and procurement contract for the proposed LRRWTP Project d Review the contract documents for completeness, bldablhty, and constructablhty e Provide five sets each of the contract documents to Owner for rewew at the 50 and 90 percent project completion pomt f Following Owner's review of the final contract documents, meet to discuss the rewew comments and to resolve any questions g After meeting w~th Owner make any necessary modifications and submit five copses of contract documents to the Owner, and the required number of sets to the Texas Natural Resources Conservation Commission (TNRCC) and the Texas Department of Lmenslng and Review (TDLR) 5/5/00 B-4 h After receipt of the TNRCC and TDLR review comments, revise and resubmit contract documents, if necessary Dehverables 5 copies of each review packet 5 copies offinal contract documents 1 4 Oplmon of Probable Constmetmn Cost Prepare opinion of probable eonstructmn cost appropriate for detail available at the 50 and 100 percent project completion points Dehverables 5 copies of each probable construction cost Task 2 - Construction Phase Services As part of basle services for the construction phase, FNI will perform the following 2 0 Project Adrmmstration Perform general admimstratlve duties assomated with the Project including progress momtonng, scheduling, general correspondence, office administration, and ~nvmmng These duties ~nclude malntmmng day-to-day contact and liaison with the Owner and project staff, ensunng the needs of the Owner are met in a timely manner, providing project eommumcation, momtormg work on the project, and ensunng that the work is executed in accordance with the work plan, budget and schedule 2 1 Assistance w~th Contractor Select,on Provide the following assistance in the bid phase to help generate interest of general contractors for the projects, make recommendations on qualified contractors, and assist the Owner in preparing construction contracts for execution for each project a Advertme the project Provide a Notice to Bidders to the Owner for pubheatmn an legal notices for the project Help estabhsh brad dates to avoid conflicts with mmflar projects bidding at or near the same time Send advertisements to potentml bidders and supphers Provide documents to local plan rooms to assist in advertisement of the project b D~stnbute Bidding Documents Maintain a list of Plan Holders Provide the hst to prospective bidders Include the hst ofplan holders with any addenda distributed for the project 5/5/00 B-5 c Information to B~dders Respond to questions related to the d~stnbut~on of documents, constructmn contract prowsmns, and b~ddmg reqmrements and techmcal questions regarding the project d Addenda Prepare, pnnt and d~stnbute addenda addressing add~tmns, deletions, modffieatmns or ~nterpretatlons to the contract documents e Pre-b~d Conference Conduct a pre-b~d conference for the constmctmn project, and prepare m~nutes and responses Responses to the pre-b~d conference wffi be ~n the form of addenda ~ssued after the conference Conduct a tour of the project s~te after the conference f Bid Opening and Evaluatmn Assxst the Owner ~n rece~wng and recording b~ds at the formal bxd opemng Evaluate the mformatmn contmned ~n the b~d documents for conformance w~th requirements of the constructmn contract documents Prepare a bid tabulatmn Compare bxd costs w~th estimated costs and available budget g Evaluate Contractor's Quahficat~ons and Recommend Award Evaluate the qualifications ~nformation prowded by the contractors as a part of the bid package Determxne ~f the apparent low b~dder appears to have the necessary experience and quahficat~ons to successfully construct the project Recommend award of the contract consistent with the reqmrements of the construchon contract documents h Prepare Contract Documents for Executmn Assist the Owner ~n prepanng construction contract documents for execution by the successful low b~dder Prepare a Notme of Award for the Owner to ~ssue to the contractor upon award of the contract by the Owner w~th lnstructmns of executmn of the contract documents Assist the Owner xn rewew~ng executed documents and bonds for conformance w~th the reqmrements of construction contract documents Assist the Owner ~n rewew~ng certificates of insurance for comphance w~th construction contract documents Forward documents to the Owner w~th a recommendation for executmn and d~stnbution of documents 2 2 General Representatmn a Assist the Owner m conducting a pre-construction conference w~th the Contractor, rewew constructmn schedules prepared by the Contractor pursuant to the reqmrements of the constructmn contract, and rewew an estimate of monthly cash reqmrements for the ProJect, prepared by the Contractor b Make two (2) s:te v:stt each month (as d~st~ngmshed from the continuous services of a Resident ProJect Representative)for twentg (20) ~nonths to attend progress 5/5/00 B-6 meetings, observe the progress and the quahty of work, and attempt to determine an general ff the work as proceeding m accordance w~th the Contract Documents If Freese and Nmhols as requested to ws~t the site more frequently than the spemfied number ofvlsats each month, or the construction period runs longer than originally estamated, the additional requested vasats shall be considered a Specaal Servme and Freese and N~chols shall be entatled to add~taonal compensation c In performing the services outhned above, Freese and N~chols will endeavor to protect the Owner against defects and deficiencies ~n the work of Contractors, Freese and Nmhols wall report any observed defimencleS to the Owner However, ~t ~s understood that Freese and Nachols does not guarantee the Contractor's performance, nor as Freese and Naehols, Ine responsable for supervts~on of the Contractor's operation and employees Freese and Nmhols, Inc shall not be responsible for the means, methods, techmques, sequences or procedures of construction selected by the Contractor, or the safety precant~ons and programs ancldent to the work of the Contractor Freese and Nachols, Inc shall not be responsible for the acts or omass~ons of any person (except Ins own employees or agent) at the ProJect sate or otherwise performing any of the work of the Project d Consult wath and adwse the Owner dunng construction, make recommendations regarding materials and workmanship, and prepare change orders w~th the Owners approval e Revaew samples, catalog data, schedules, shop drawmgs, laboratory, shop and mill tests of material and test eqmpment, and other data pursuant to the General Condataons of the Constmctaon Contract f Interpret the antent of the plans and specfficataons for the Owner and the Contractor g Rewew and comment on monthly and final estimates for payment to Contractor, pursuant to the General Condataons of the Construction Contract h Conduct, an company w~th the Owner's representative, a final rewew of the ProJect for conformance wath the design concept of the Project and general comphance w~th the contract Documents, and rewew and comment on the certfficate of completion and the recommendataon for final payment to the Contractor Revise the construction drawings ~n accordance with the information furnished by construction Contractor(s) reflecting changes in each Project made dunng construction Two (2) sets ofpnnts of "Record Drawings" shall be provaded by FNI to the Owner 2 3 Construction Material Temng Servaces 5/5/00 B-7 Coordinate the testing of materials dunng construction for quahty control and record purposes Task 3 - Post Construction Servaees Post construction phase services whmh will be prowded as a specml service by FNI, lfanthonzed by Owner, are described as follows 3 1 Operations and Mamtenance Manual The Engineer wall prepare a draft operataon and mmntenance manual for the LRRWTP ProJect Spemfic servmas to be performed by the Engineer will be to prepare the manual in the format that follows a Prepare and submit to Owner for rewew a draft of the faclhty Operations and Maintenance manual, which will include a dascnpt~on of the facfllt~es and recommendations for operation The following top~cs wall be included 1 Introduction Brief statement ofmanualpurpose, description ofumt processes and flow path, summary of perrmts and standards, which must be met, table of design criteria 2 Operations Considerations D~scuss~on of operation theory, control variables, process control and process effimency for the treatment facfl~tleS 3 Facflmes Description, Operation and Control of Facilities Dascuss~on of the operataon and purpose for each umt treatment process 4 Descnptaon and Operation of the Non-Process Facllmes D~scussmn of non-process systems, including the Adm~mstrat~on/Operatlons Bmldlng, the Maintenance area and the slurry trench dewatenng system 5 Utflmes Descriptions and operational considerations for s~te utilities, including potable water, basm dram system, domestm wastewater septic tank system, and other systems 6 Electrical System Detaded description of the electrical system from the mare substation to the fatality's mdawdual motor control centers 7 Mamtanance Nameplate data for each major p~ece of eqmpment, hst of the manufacturer's recommended spare parts, and schedule of eqmpment manufacturer's preventative maintenance act~wt~es 8 Appendmes A glossary of treatment terms and abbrewatlons used pertinent to th~s faclhty 5/5/00 B-8 Dehverables 5 copies of draft O&M Manual 5 copies offinal O&MManual b Engineer will produce and deliver the final O&M Manual for the LRRWTP ProJect in electromc format Thc O&M Manual will include all of the elements described in paragraph 3 la The electromc O&M Manual will feature text, photographs, CAD drawings, and an image hbrary Operating m a M~crosoff Windows NT environment, the system will prowde access to all O&M Manual data Tbas speclfically includes computerization of O&M Manual text, apprommately 300 CAD drawings, 50 process schematics, 200 related photographs, and creation of an image database with up to 2,000 letter-sized image pages The reformation will be produced electromeally to create a multimedia document complete with hyperhnks, photographs, and CAD and scanned image wewmg capabfllty Concurrent with the production of the O&M Manual m electromc format, lmtial and final draft/demonstrations will be delivered to the Owner for review and comment Along wlth dehvery ofthe final draft O&M Manual, two (2) days oftralmng will bt provided to familiarize plant staffm use and maintenance of the electromc O&M Manual No hardware will be supplied as part of the Project Minimum computer operating reqmrements for the software to be supplied are Manufacturer CPU Pentlum III 500 mhz or better Hard Drive 8 4 glgabyte RAM/VldeoRAM 128 megabytes (RAM)/16 megabytes (video) Grapbacs 32 blt Momtor 21-inch Super VGA Optical Disk 16X CDROM (SCSI Compatible) Sofavare Microsoft Windows NT or 2000 Sound and Video Cards (optional) Soundblaster 16 0 (or equal) Included with the electromc O&M Manual will be the software necessary to view and mmntmn the manual (FN will provide all of the software necessary to use the electronic O&M manual) 3 2 Startup and Personnel Training a Consult with Owner on training needs for pre-startup operation and prepare a schedule Coordinate and arrange with the major equipment providers for the training It Is anticipated that pre-startup traimng will be conducted over four (4) one 5/5/00 B-9 -week periods involving a total of 64 hours of classroom work b Provide 40 hours of onme operation consultation, including a total of 6 trips to the site to consult on starting and opt~mmng pumping, chemmal, treatment and other process controls Assist m estabhshlng operatmg procedures for lnd~wdual umt processes and for overall operation of the LRRWTP c Prowde 40 hours of office consulting concermng the modffieatlon ohtems relating to the operatmns Adwse Owner regarding modafieatlon of operations 3 3 Warranty Assistance Prowde 104 hours of office and on-s~te consulting, including travel, concerning the follow- up of contractor and eqmpment warranty ~tems dunng the construetmn warranty period One month prior to the end of the constructmn warranty period, conduct a s~te ws~t and document all warranty ~tems and assist m the coordmatmn of the repairs/replacement of the defective work 3 4 CT Testing for Plant Conduct tracer testing based on TNRCC gmdehnes, to determine effective contact t~mes ~n the plant A report will be prepared by Freese and Nmhols, Ine and subrmtted to the City and TNRCC summarizing the results Dehverables 5 cop~es of testing results summary and report 3 5 R~sk Management Program Develop Pdsk Management Program, Prevention Program 2 for the C~ty covenng the LRRWTP s~te The Rask Management Plan will be prepared on electromc d~skette and submitted to EPA Dehverable~ 5 coptes of RMP, and one electromc copy of RM Plan Task 4 - Special Services SPECIAL SERVICES: Special Services to be performed by FNI wh:ch are not ~ncluded ~n the above described basic serwces, are described as follows A Conduct up to five days of s~te VlSltS with representatives of Owner to observe 5/5/00 B- 10 C Geotechmcal eng~neenng per letter proposal to P S Arora, P E dated February 29, 2000 D Assist m pre-quahfyln§ the SCADA system ~ntegrator E Preparation ora separate set of contract and procurement documents for pre-purchase of equipment F Perform teeluneal evaluation and eonstruetabfl~ty review of the 54-tach diameter fimshed water pipeline being designed by Owner, per the description m Attachment SS-II G Provide assistance with the required COE 404 perm~ttlng required on the pipelines being designed by the Owner, per the description in Attachment SS-III Provide surge analysis for the 54-tach pipeline being designed by the Owner per the description in Attachment SS-H I Modify the contract documents to allow Owner to delay construction of the Ozone Facilities and the Back up Power Generator Facflttles J Prepare and pmwde 8 sets of the conformed documents to the Owner for use by the Owner and the Contractor K Prepare and provide 10 sets of the bidding documents to the Owner for use by the Owner and distnbutwn to plan holding agencies Task 5 - Additional Services ADDITIONAL SERVICES Additional Services to be performed by FNI, ffanthonzed by Owner, which are not included m the above described basic services, are described as follows A Field layouts or the furmshmg of construction hne and grade surveys B Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records C Invest~gatlons revolving consideration of operation, mmntenance and overhead expenses, and the preparatmn of rate schedules, eummgs and expense statements, feaslblllty studies, appnusals, evaluations, assessment schedules, and material audits or inventories required for certlflcatxon of force account construction performed by Owner 5/5/00 B-11 D Prepanng applacatlons and supporting documents for government grants, loans, or planning advances and providing data for detaaled applacataons E Providing shop, mill field or laboratory anspectaon of materials and equapment F Preparing data and report for assastanee to Owner an preparataon for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposltlon~ and preparataons therefore before any regulatory agency, court, arbitration panel or mediator G Assisting OWNER in claims disputes w~th Contractor(s), after final construction is complete H* Performing investigations, studaes and analyses of substatutlons of equipment and/or materials or dewatlons from the plans and specifications I Assisting OWNER in the defense or prosecution of litigation in connection with or an addition to those services contemplated by thas AGREEMENT Such servaees, if any, shall be furmshed by FNI on a fee basis negotaated by the respective parties outsade of and in addition to this AGREEMENT $ Providing environmental support services including the design and implementation of ecological baseline studies, environmental momtonng, impact assessment and analyses, permitting assistance, and other assistance requared to address environmental issues, other than as provided for m Special Services Item G-COE Permatting Assistance K For modifications to the Contract Documents requested by the Owner, prepare techmeal specifications and drawangs, estamate the time and value impact of the modifications, assist m negotlataon of the change order for the modaficataon and make recommendations to the Owner L Additional services that are required to comply wath local, State of Federal regulations that become elTectlve after the date of thas agreement M* Observing factory tests of equipment at any sate remote to the project or obserwng additional test reports as a result of the equipment failing the anatlal test N* Additional services required as a result of the failures of the Contractor(s) to complete the work for any reasons within the contract t~me O* Reviewing Contractors submittals beyond the second re-submittal of each ~tem P Provide an additional two (2) months of General Representation 5/5/00 B-12 R Assist m advertising, b~d opemng and award of equipment pre-purchase contract S Provide quahty control inspection and testing of materials used in construction of the work *FNI Construction Contract Documents reqmre that the Contractor compensate the Owner for these ~tems, ffthey are reqmred 5/5/00 B-13 A C E N T U R Y O F S E R V I C E February 29, 2000 FREESE*NICHOLS P S Pa'om, P E Cxty of Denton, Texas 901-A Texas Street Denton, TX 76201 RE Recommended Geotechmcal Investigation at Lake Ray Roberts WTP S~te Prehmlnary Design Report Lake Ray Roberts WTP Design Modfficatton DTN99479/2 10 Dear Mr Arora The reqmrad modfficatlons to the ~mtml design of the Lake Ray Roberts WTP have been ldentffied w~th a reasonable degree of certainty Several of the modfficat~ons will reqmre additional geotechmcahnfonnat[on to support the final design o f the facilities It ~s recommended that the C~ty of Denton begin the steps to obtain th~s mfonnat~on We recommend that the scope ofwork include all ofthe areas ldentffied below The status on those noted as pending will most hkely be demded by the ttme the field work would need to start, and could be authorized, or not, depending on the outcome of the dems[on on those elements The areas requmng add~ttonal ~nformat~on include 1 Raw Water Pump Station and hne 2 Pm Ozone Contactor (pending decas~on on ozone) 3 Grawty Filters (pending decision on ozone) 4 Above Grade F~mshed Water Storage Tank (pending decision on HFR PS) 5 High Servtce Pump Station (pending decision on HFR PS) 6 Slurry Trench Wall The only item reqmred for the Raw Water Pump Station ~s the ~nstallat~on of a p~ezometer for detenmnmg the current ground water level at that s~te of the pump station and at two pmnts along the route of the raw water line The spemfic reqmrements are attached The current recommendation for ozone famht[es at the s~te is to prowde for both pre and ~ntermedmte ozonat~on The locatton of the pre ozone contactor ~s the same as originally recommended The lntennedmte ozone contactor ~s an additional umt to the original design and would be located where the filters were previously s~ted The geotechmcal ~nformat~on that was prepared prewously for the grawty filters w~ll be adequate for the design of the ~ntermed~ate contactor However, thenewlocat~onforthefilterswfllmqmreadd~t~onal~nformat~on Thespemfic requirements are attached Freese and N~chols, Inc Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth Texas 76109 4895 817-735-7300 Fax 817 735-7491 Mr PS Arora PE C~ty of D~nton February 29, 2000 Page 2 of 2 The area identified for siting the high service pump station and at-grade clearwells was not included m the original geotechracal report The specific requirements for the geotechmcal information for this unit are attached Several structures at the site will need to be isolated from the groundwater This includes the filters, backwash reclamation basin, basin drain and dewatenng pump facility and possibly the clearwells They are to be isolated via a slun'y trench cutoff wall surrounding the structures The specifies ofthe additional geotechmcal information required for final design of the slurry trench wall are attached We estimate that the fieldwork and professional services revolved will cost m the range of $85,000 to $89,000 and should take about 60 days to complete The original geotechmcal investigation was performed by PSI, Ine It would be appropriate to contact them However, if the C~ty has a d~fferent preference, that would be acceptable Additionally, Freese and N~chols, Inc has recently added professional staff w~th the expertise to perform the work that has been identified Ifyour preference is that Freese and Nichols perform the work, we would be glad to submit a proposal If you have any questions, please contact me Sincerely, Pnnclpal Attachments [DTNOgd79]T ~LET~Adfl~l~onal_GeoTe~h_AC HRewsed DOC ATTACHMENT SS - 1 OZONE TREATABILITY STUDY FOR LRRWTP, CITY OF DENTON Provide pilot scale ozone treatability testing on the Lake Ray Roberts Paw water to determine the sizing and design parameters to be used in the design ofthe ozone disinfection faelhtles Freese and Nichols will perform the following tasks 1) Design and set up trluler mounted ozone testing equipment 2) Design experimental program for two, two-day tests dunng summer ¢ondmons 3) Conduct first day ozone test to determine ozone demand and decay in summer conditions 4) Conduct second day test to develop bromate formatmn data 5) Repeat testing approximately one week after the first series of tests for confirmation of results 6) Analyze data and proxade input on ozone generator and contactor sizing 7) Prepare a Techmcal Memorandum summarizing the results Dehverables 5 coptes of Ftnal Technical Memorandum 5/5/00 B- 14 ATTACHMENT SS - II The scope for the surge model will include: 1) Provide a subconanltant to prepare a model of the HSPS and 54" pipeline to model up to 3 transient events (Complete Power Fmlur¢, Loss of one pump, closure of thc control valve(s) at thc end of the 54" pipeline) 2) Provide mformaUon to the sub-consultant needed for the model 3) Incorporate results of the model in the final design of the HSPS, and make recommendations to DWU on the selection of mr valves for thc 54" pipeline The scope for the "Review of the $4-ineh Pipeline designed by DWU" will include the following: 1) Review plans, reports, maps, specifications, ere, provided by DWU at the preliminary design stage to offer suggestions on the following areas · Pipe material alternatives · Bedding and backfill reqmrements · Creek crossings and other conflicts · Thrust restrmnt · General corrosion recommendations · General contract provisions · Appurtenances · Tunnel crossings · Route selection · Cost saving measures · General Review of the cost estimate 2) Prepare a memorandum with recommendations of the prchmmary design review, and meet with DWU to discuss the results of the review 3) Provide a constructablllty review of the 90% plans and specs The eonstructablhty review will Include the items described above, and will focus on conflicts in the plans and specs, errors, and omissions The review will also include recommendations to improve the quality and/or decrease the cost of the pipeline A set of red-hne plans and specs will be provided to DWU for the constructablhty review 5/5/00 B- 15 ATTACHMENT SS - III Section 404 Permit Appllcatton And Environmental Rewew Ttus scope ~nvolves effort for preparing an appheat~on for a Section 404 penmt for the proposed mtake structure, approximate 2,000-foot raw water p~pelme hne and the approximate 36,000-foot treated water p~pehne In adchtwn, an enwmnmental review of the property proposed for the location of the water treatment plant will be conducted Tins scope currently assumes that the ~ntake structure and p~pelmes can be permtt~ed under rather natmnw~de penmt (NWP) 12 or regmnal general permit (RGP) 2 The scope does not include preparahon of enwroumental documentatmn (e g Enwronmental Information Document) required for an SRF loan or EDA grant application It m our understanding that the c~ty ofDenton m prepanng the design for the p~pehnes The Cltywlllbe responmble for provxlmg the neeessao/englneenng drawmgs for subrmttmg the apphcat~on for the 404 permit Scope of Services Task 1. Field visit. We will conduct field ~nvest~gatlons to gather ~nformat~on on creek erossmgs, potentaal wetlands, potential for the presence of endangered/threatened spemes, habitat, etc to prepare the env~mumental documantat~on assocmted w~th the preparatton of the 404 pwmtt appheat~on Task 9~. Consult with regulatory agencies. We will prepare letters to obtmn ~nformatmn m support of the environmental documentatmn for submittal to up to four resource aganmes Typically, these include the U S Fmh and WHdhfe Service, U S Environmental Pmtectmn Agency, Texas Parks and Wfldhfe Department, and the Texas Htstoncal Commmmon In ad&t~on, we will address questions of the resource agencies by telephone Task 3. Coordinate w/Archeologieal Survey F~rm. We will coorthnate w~th an archeolog~eal serwces firm to conduct an archeolog~cal survey of the retake structure, water treatment plant site and the plpehnes The cost estimate ~ncludes an estimated fee for the serwces of an archeologist However, a proposal should be obtmned from an archeologmt to verify the estimate 5/5/00 B-16 Task 4 Prepare 404 Pre-construction notification. We w~ll prepare a pre-construction notification for submittal to the Corps for authorization under the Corps' nataonwlde pemut program to construct the Intake structure and raw water and treated water pipelines Ttus scope is based on the assumption that the project is ehg~ble for coverage under NWP12 or RGP 2 Preparation of an apphcatlon for an individual permit w~ll be considered an addltaonal service and can be prowded upon request Deliverables: A drai~ of the nationwide/regional general permit apphcatlon will be presented to the city of Denton for rewew and comment prior to submittal to the Corps Upon receipt of comments, we w~ll finahze the document and submit it to the Corps 5/5/00 B-17 C. NARRATIVE ON SCOPE AND ASSUMPTIONS Owner: City of Denton Water Utdities ProJect: Scope Narrattve Lake Ray Roberts Surface Water Treatment Plant Design and Construction Phase Scope of Services The following narratave provides background for the tasks and scope associated with the major elements of the LRRWTP Project The design capacity, status w/r being a new/modified/original unit, and estimate of probable constructaon cost are summarized in Table SN-1 The site layout drawing, Figure ES-l, illustrates the original faedltaes, the modified facihties, and the new faclht~es 1. Raw Water Pump Station and Pipeline. The Raw Water PS will be modified to provide a firm capacity of 20 mgd Only manor mochfieations are proposed from the APR91 PDR, unless groundwater is found to impact the pump station 2 Pre. Ozone Contactor. New design and structure Bench-scale and pilot-scale tests are proposed to confirm the design ozone dose, determane bromate formation potential, and generate data for ozone optlnuzation study Design Criteria Memorandum will be prepared Ozone design optimazaUon workshops are to be conducted by Kerwin Rakness See PAI scope and proposal 3. Pump Diffusion Vault. Only manor modlficauons are proposed 4. Raw Water Splitter Box. New design and structure per FEB00 PDR 5. Floeculation/Sedimentation Basin (Two Trains). Original APR91des~gn to be used A second parallel trmn will be added 6. Intermediate Ozone Contactor. New design and structure See discussion for Pre-Ozone contactor above 7. Ozone Generator Building. New design and structure See discussion for Pre-Ozone eontaetor above 8. LOX Storage Tank. New design and structure See discussion for Pre-Ozone contactor above 9. Self Backwash, GAC Filters with Air Scour and Fdter to Waste (Two Trains). Original APR91 concept and configuration to be used Slgmficant modifications to filter bottoms, filtered effluent p~pmg and access-way, media and launders 10. Air Scour Blowers, Piping and Building. New design and structure per FEB00 PDR Budding to be pre-east concrete panel building Design Criteria Memorandum wall be prepared 11. Filtered Water Transfer Pump Station. New design and structure per FEB00 PDR 12. At Grade Ground Storage Tank (6 MG). New design and structure per FEB00 PDR 13. 60 mgd High Serwce Pump Station. New design and structure per FEB00 PDR 14. Washwater Reclamation Basin. Only minor modifications to APR91 PDR 5/5/00 C-1 15. Sludge Lagoons. Only minor modifications to APR91 PDR 16. Li~luid Chemical Feed Building. Significant reconfigurat~on of the building layout per FEB00 PDR Original documents not available m eleetromc format Structure mo&ficataons require structural revisions All drawings to be redrawn 17. Liquid Chemical Storage Area. Only rmnor modifications to APR91 PDR 18. Chlorine and Anunonia Feed and Storage Building New design and structure per FEB00 PDR Design Criteria Memorandum will be prepared 19. Chlorine and Ammonia Scrubber System. New design and structure per FEB00 PDR Design Criteria Memorandum will be prepared 20. Administration/Operations Building. Significant reconfigurauon of the budding layout per FEB00 PDR Original documents not available in electronic format Structure modifications require structural revisions All drawings to be redrawn 21. Slurry Trench Wall for Containment of Groundwater. New design per FEB00 PDR 22. Basin Drain System. Only nunor modifications to APR91 PDR 23. Back Up Power System. New design and structure per FEB00 PDR 24. Drainage Improvements. Moderate modifications City of Denton to provide descnpuon of, offslte improvements (by others) and the flows to be handled Design Criteria Memorandum will be prepared 25. Plmat Electrical Power. Slgmfieant modifications to serve the new structures and processes 26. Plant Instrumentation and Control System Significant modifications to serve the new structures and processes per FEB00 PDR 27. Domestic Wastewater Septic System. Only moderate modifications to APR91 PDR based on Denton County Health Department criteria changes 28. Plant Landscaping. New design Original design and installation was to be by City Parks DePartment [OFF00050] T'~LRRWTP_SCOPE_OF-SERVICES~SCOPE-.NARRATIVE DOC 5/5/00 C-2 Table SN-1 LRRWTP Summary Table Unit/Structure Status and Cost Description Infrastructure Original Modified New C~_~o!ty (mgd) 1 Raw Water Pump Station and Pipeline 50 $2~314~166 2 Raw Water Meter Vault 50 $111~537 3 ,Pre-Ozone Contactor 20 $5~100~000 4 Pump Diffusion Vault 50 $119~746 5 Flaw Water Splitter Box 20 $209~254 6 FIocculations/Sedimentation Basin (Two Trains) 20 $2,959,113 7 Intermediate Ozone Contractor 20 Included In Item 2 8 Ca Generator 50 Included in Item 2 9 LOX Storage 50 included in Item 2 Self Backwash, GAC Filters w/Air Scour and Filter 10 to Waste (Two Trains) 20 $3,767,200 11 Air Scour Blowers~ PIping and Building 50 $477~289 12 Filtered Water Transfer Pump Station 50 $808z000 13 At Grade round Storage Tank (6 MG) 20 $1~415~930 14 60 mgd Hi h Service Pump Station 50 $3~805~310 15 Plant Effiu mt Meter Vault 50 $114~143 16 Washwater Reclamation Basino 50 $470,123 17 Sludge Lagoons 50 $800~000 18 Liquid Chqmlcal Feed Buildin,q(s 50 $1,568,691 19 Liquid Chemical Storage Area(a 50 $756,782 Chlorine and Ammonia Feed and Storage 20 Build~ng(a 50 $940~515 21 Chlonne a~d Ammonia Scrubber System 50 Included m Item 19 22 Administration/Operations Building 100 $1~662~000 SlumJ Trench Wall for Containment of 23 Groundwater 100 $338~000 24 Basin Drain System 50 $149~845 25 Back Up Power System 50 $890~000 26 ;)ffsite Drainage Improvementst4 100 $100~000 27 Plant Elecirical Powert5 50 $4~824~294 28 Plant Inst~ dmentatlon and Control System 100 Included m Item 27 29 Domestic Nastewater Septic System Included ~n item 31 100 $65~150 30 Plant Lan, 31 Yard Pipit g, Sitework and Paving 50 $1,063,007 Column Totals $4,936,342 $15,844,305 $14,049,448 TOTAL= $34,830,095 (1) Includes washwater recycle meter vault (2) Incudes half the cost of chemical pipe chase (3) Includes lined chemical drain pR (4) Cost taken from total of Yard Piping Sltework and Paving (5) Includes Electr~al and Instrumentation of the High Sewlce Pump Station (6) Includes Yard Piping eltework Paving Septic System, but does not include Offaite Drainage Improvements [OFF00050]T \LRRWTP_SCOPE_OR_$ERVICES~\TABLESN 1 BURGER ROAD S89'47'46'W 552.19' N89'55'16~ N89'43'08~ CITY' OF DENTON, TEXAS RLE DTN9947g LAKE RAY ROBERTS WATER TREATMENT PLANT D,,~wr~s~T~'Dws DESIGN PHASE SERVICES Task 3 Revise Specifications Montgomery Watson shall revise the existing Electrical and Control System specifications to reflect the changes m the plant design and the upgraded design approach for the control system This shall include all Division 16 and Division 17 specifications, complete control logic and loop descriptions, display screen format desenptlons, and report formats, as well as providing input for other equipment specification sections (valve operators, drives, ete ) and coordinating with the overall plant design Draft specifications shall be delivered at the 50% and 90% design stages Task 4 Revise Drawings Montgomery Watson shall revive and add to the existing Electrical and Control System drawings to reflect the changes in the plant design and the upgraded design approach for the control system This shall include revising 24 of the 30 existing Electrical drawings, adding up to 7 new Electrical drawings, revising 6 of 10 existing Instrumentation drawings, revising all 15 of the exlstmg P&ID drawings, and adding up to 12 new P&ID drawings This work is based on electrome CADD versions of the existing Electrical drawings being delivered to Montgomery Watson Drai~ versions of the drawings shall be delivered at the 50% and 90% design stages Task 5 Attend Design Meetings Montgomery Watson shall attend monthly design review and progress meeting dunng the design period The design period is expected to be SlX months Task 6 Assist Bid Activities Montgomery Watson shall assist dunng the bid period This shall include providing information and addendum items pertalmng to the Electrical and Control System designs ALTERNATIVE DESIGN SERVICES Task 7 Revise Plans and Specifications for Standby Power Generators Montgomery Watson shall provide additions to the plans and specifications for a standby power generation system if the owner selects this alternative This shall include a complete specification section for the generator(s), design and plan drawings for the generator braiding(s), electrical generator building plans and a generator P&ID Task 8 Revise Plans and Specifications for Dewatenng Process Montgomery Watson shall provlde ad&t~ons to the plans and specifications for a meehameal dewatermg system if the owner selects this alternative Th~s shall include any necessary changes to the Electrical and Control System specification, Electrical plan drawings for the sludge clanfier and dewatermg bmldmg, MCC and control schematics, and up to 2 dewatermg P&IDs Task 9 Revise Plans and Specifications for Intermediate Lift Pumps Montgomery Watson shall provide additions to the plans and specifications for lntermedmte lift pumps if the owner selects this alternative This shall include any necessary changes to the Electrical and Control System specification, an Electrical plan drawing for the pumps, MCC and control schematics, and a lift pump P&ID CONSTRUCTION PHASE SERVICES Task I 0 Review Shop Drawing Submittals Montgomery Watson shall review the Electrical and Instrumentation shop drawings submittals This shall include the control system configuration as well as the electrical and instrumentation equipment and drawings The effort for th~s task is based on all submittals being approved by the second submittal Task 11 Provide Design Clarifications Montgomery Watson shall respond to contractor requests for mformat~on and clarifications related to the electrical and instrumentation system This shall include visiting the site as reqmred to respond to contractor's quesuons, reviewing and making recommendations on subsutuuon requests by the contractor, and reviewing and making recommendations on change order proposals Task 12 Attend Construction Meetings Montgomery Watson shall attend monthly construction project progress meeting Th~s task ~$ based on a construction period of 16 months Task 13 Perform Inspections Montgomery Watson shall perform site inspections during the construction period to ensure that the electrical and control systems are being xnstalled m accordance with the contract documents Th~s shall include an inspection at substantml completion, preparation ora punch list and a final inspection aider all punch list ~tems have been completed ALTERNATIVE CONFIGURATION SERVICES Task 14 Prepare PLC Programs Montgomery Watson shall develop the PLC logic programs for the WTP control system This task shall include design meetings to deterrmne the desired method of control and operation of logic sequences, development of standard logic templates to be utilized m each PLC program, and production of the final PLC logic programs PLC logic shall be developed for the following processes Raw pump and valve control and raw water flow momtonng Chemical feed rate closed loop control and momtonng for ozone, caustic, polymer, femc sulfate, chlonne and ammonia, including bulk storage momtonng and transfer control Control and momtonng of the rapid mix pump, flocculator drives, and sludge collector drives Control and momtonng of the sludge draw offprocess Control and momtonng of the of the sludge dewatenng process (if included in the plant design) Control and momtonng of the intermediate transfer pumps (if included in the plant design) Control and momtonng of the filtration process including filter backwash sequencing and wash water recovery Control and momtonng of the clearwell and high service pumps Control and momtormg of the generators (if included in the plant design) Task 15 Configure MMI Screens and t~eports Montgomery Watson shall configure the IvlSVi! software for the WTP control system This task shall include design meetings to determine the preferred operator interface and report formats Configuration services shall include developing the system database (up to 2000 points), graphic displays (up to 40 screens), trend graphs (up to 200 points), control windows (up to 100 pop-ups), historical records (up to 200 points), and up to 16 reports (4 basic formats for day week month and year) The database shall include the PLC lYO points, calculated values, setpolnts, and control commands The displays shall include a plant overview, and overview for each umt process, and a detailed screen for each unit within a unit process The screens shall include a logical paging system between screens with menus as necessary Trends shall be configured for all measured analog values and pertinent derived values Control windows shall be configured for each pump, valve and drive as well as sequences such as filter backwash Historical records shall be maintained for measured analog values, equipment status, and alarm occurrences The reports shall include a plant production and performance report, a compliance (deviation) report, a chemical and energy usage report, and as equipment mn time and failure report Task 16 Start-up Control System Montgomery Watson shall provide assistance in the testing and start-up of the plant and control system This shall include assistance to the contractor in the testing of all PLC I/O point, including signal transfer through the PLC to the MMI software Montgomery Watson shall test all PLC programs and MMI software configuration and shall make all corrections necessary to provide a fully functional and operational system This shall include a record of all tests performed After completlon of the testmg, Montgomery Watson shall provide start-up services to put into operation the PLCs and MMI software at the plant Ttus shall include the control system communications network Task 17 Prepare O&M Manuals Montgomery Watson shall prepare detailed O&M manuals m the set-up, operation, maintenance, and troubleshooting of the WTP computer control system The operations manuals shall include a copy of each screen with a written description of the operations and methods of accessing control functions The descriptions shall be incorporated into the computer system as on-hne help screens The maintenance descriptions shall include complete annotated PLC programs, a description of the MMI configuration with full documentatton of instrument addresses, recommended maintenance procedures for the instrumentation and control system hardware, and a trouble shooting guide to aid in determining the cause of hardware and software problems The maintenance manuals shall be delivered in both hard copy and software forms and shall be accessible through the plant computer system Task 18 Provide System Training Montgomery Watson shall provide training in the operation, maintenance, and troubleshooting of the WTP control System Traimng shall be provided at several levels, including operators, technicians, programmers, and managers The training material shall consist primarily of the manuals described above The operator training classes shall be up to 16 hours in duration and shall be presented up to 3 times The PLC programming and trouble shooting class shall be up to 40 hours in duration and shall be presented up to 2 times The MMI sofavare class shall be up to 40 hours in duration and shall be presented up to 2 times Each class shall be video taped and the tapes edited to provide a complete and comprehensive version of the class presented C~ty of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Elect~cal and Instrumenbon Eng~neenng Services ENGINEERING LABOR - DESIGN SERVICES Labor Category PM PE DE/SE SD DD CLK Total Rate $160 $135 $95 $100 $70 $50 Labors Task 3 - Rewse Spec~hcat~ons $ Rewse D~ws~on 16 16 8 $ 2,560 New D~ws~on 17 80 40 16 S 15,600 Loop descnpt~ons 8 80 8 $ 9,080 Screen Descnpt~ons 40 60 100 $ 18,100 Report Descnpt~ons 24 40 60 80 $ 20,540 Pnnt draft & hnal 4 16 $ 1,080 $ Task 4- Rewse Drawings $ Rewse elec Dwgs (24) 24 24 96 i $ 12,360 New elec Dw~s (7) 28 10 112 $ 12,620 Rewse Inst Dw~ls (6) 24 8 48 $ 7,400 Rewse P&ID Dwgs (15) 30 16 96 $ 12,370 New P&ID Dwgs (12) 24 8 40 $ 6,840 Print draft & final 4 16 4 $ 1,720 $ Task 5 - Attend Design Meetings $ Attend meebngs (6) 12 36 24 $ 9,060 $ Task 6 - Assist Bid Acbwt~es $ Prepare addendum ~tems 16 8 4 $ 3,120 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project management 48 128 48 $ 19,040 QA/QC 24 32 16 $ 8,960 Subtotal - Labor 108 398 232 110 720 120 $ 160,450 Other D~rect Costs Cost Item Cost Mult~pher Total $ M~la~le 800 M~les $256 1 0 $ 256 Travel 6 Tnps $3,000 1 0 $ 3,000 CADD 568 Hours $5,680 1 0 $ 5,680 M~sceIlaneous $0 1 0 $ Subtotal - Other D~rect Costs $ 8,936 Total Eng~neenng Fee- Design Services ~ $ 169,386 C~ty of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electncal and Instrumentation Eng~neenng Serwces ENGINEERING LABOR - GENERATOR DESIGN SERVICES Labor Category PM I PE DE SD DD CLK Total Rate $160I $135 $95 $100 $70 $50 Labor $ Task 7 - Rewse Plans end Spec~hcations for Standb, ' Power Generators $ Mechanical & Electrical $ Generator spec~fip at,ohs 4 4 4 $ 1,120 Generator Bu~ld~n~l Elec Plans (3) 8 130 $ 13,630 Switch,lear eleva!ion wew and detail 40 $ 3,800 Elec One hne d~grams (1) 80 $ 7,600 Elec Sections & schematics (3) 120 $ 11,400 Elec Room layout & details 40 $ 3,800 Fuel storage plan & detail 50 $ 4,750 Elec/Instr Interface 40 $ 3,800 Electncal S~te Plan 40 $ 3,800 P&ID 13) 24 72 $ 8,280 HVAC (1) 50 $ 4,750 Plumb~n~l (2) 80 $ 7,600 Engine Coohng with water system (3) 150 $ 14,250 Spec~hcat~ons 40 $ 3,800 Building Layout Plan 24 40 $ 6,040 Mechanical Sections and Details (3) 24 72 $ 8,280 Architectural (2) 30 64 $ 8,530 Structural (3) 24 80 96 $ 17,960 Structural Details (3) 30 96 $ 10,770 Crane detail (1) 8 32 $ 3,320 Building Upper structure (1) 8 40 $ 3,880: $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project management 48 48 2 $ 11,140 QA/QC 40 4 $ 5,600 Subtotal- Labor 56 216 864 80 560 10 $ 167,900 Other D~rect Costs (~ost Item Cost Mulbpher Total $ M~la~le 600 M~les $192 1 0 $ 192 Travel 1 Trips $500 1 0 $ 500 CADD 488 Hours $4,880 1 0 $ 4,880 M~scellaneous $0 1 0 $ Subtotal - Other D~rect Costs $ 5,572 Total Eng~neenng Fee - Generator Design Services ~ $ 173,472 C~ty of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Eng~neenng Services ENGINEERING LABOR - HIGH SERVICE PUMP STATION DESIGN SERVICES Labor Category PM, PE, DE SD DD CLK Total Rate $160I $135I $95 $100 $70 $50 Labors Task 8 - Rewse Plans and Spec~hcat~ons for Dewatenng Process $ Spec~hcat~ons 4 4 $ 740 P&IDs (1) 4 16 $ 1,660 Elec Service Plan (1) 8 16 $ 2,200 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Pro~ect management 8 4 $ 1,480 QA/QC 6 4 $ 1,010 Subtotal - Labor 8 22 0 0 32 12 $ 7,090 Other D~rect Costs Cost Item Cost Mult~pher Total $ M~la~le 200 M~les $64 1 0 $ 64 Travel 1 Tr~ps $500 1 0 $ 500 CADD 32 Hours $320 1 0 $ 320 M~scellaneous $0 1 0 $ Subtotal - Other D~rect Costs $ 884 Total Eng~neenng Fee - Dewater~ng Design Services I $ 7,974 C~ty of Denton, Texas 5~5~00 Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Eng~neenng Services ENGINEERING LABOR - INTERMEDIATE PUMP STATION DESIGN SERVICES Labor Category PM I PE I DE SD DD CLK Total Rate $160I $135I $95 $100 $70 $50 Labors Task 9 - Rewse Plans and Spec~hcations for Intermediate L~ft Pumps $ Specifications 16 16 $ 2,960 --lec Plan (1) 8 16 16 $ 3,720 MCC and control ~schematics I1 ) 8 16 16 $ 3,720 L~lht~ng plan (1) 2 8 8 $ 1,590 P&ID {2) 2 16 4 48 $ 6,240 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project management 8 2 $ 1,380 QA/QC 4 2 2 $ 1,010 Subtotal - Labor 14 52 40 4 88 20 $ 20,620 Other D~rect Costs COst Item Cost Mult~pher Total $ M~lage 100 M~les $32 1 0 $ 32 Travel I Tr~ps $500 1 0 $ 500 CADD 88 Hours $880 1 0 $ 880 M~scellaneous $0 1 0 $ Subtotal - Other Direct Costs $ 1,412 Total Engineering Fee - Intermediate Pump Station Design Servmes ~ $ 22,032 ENGINEERING LABOR - OZONE FACILITIES Labor Category PM PE DE SD DD CLK Total Rats $160 $135 $95 $100 $70 $50 Labor $ 'Cask 10 - Ozone Elactncal and I&C $ Spec~hcat~ons 24 16 $ 4~040 Elec One I~ne diagram (2) 24 8 60 $ 8,240 MCC and contrql schematms (2) 40 8 80 $ 11 ~800 Elec L~ghtmg Plans (2) 16 40 $ 4,960 Electncal Powei' Plan (3) 24 60 $ 7,440 Instrumentation Plan (2) 24 40 $ 6,040 P&ID (9) 36 36 180 $ 21 ~060 $ $ $ $ $ $ $ $ $ '$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project management 8 16 2 $ 2,500 QNQC 8 102 2 $ 15,150 Subtotal - Labor 16 290 0 52 476 20 $ 81,230 Other D~rect C¢ sts ~;-~;t Item Cost Multiplier Total $ M~la~le 600 Miles $192 1 0 $ 192 Travel 1 Tnps $500 1 0 $ 500 CADD 460 Hours $4~600 1 0 $ 4,600 M~scellaneous $0 1 0 $ Subtotal - Other D~rect Costs $ 5,292 Total Engineering Fee -Ozone Generators Design Servmes ~ $ 86,522 City of Denton, Texas 5/5/00 Fee Esbmate Lake Ray Roberts WTP Electrical and Instrumentation Eng~neenng Services ENGINEERING LABOR - CONSTRUCTION SERVICES Labor Category PM PE DE SD DD CLK Total Rate $160 $135 $95 $100 $70 $50 LaborS Task 11 - Rewew Shop Drawing Submittals $ Elec Shop dwgs, 20 40 16 16 $ 8,620 Inst Shop dwgs 20 40 20 16 16 $ 10,420 $ Task 12 - Prowde destgn clarifications $ Respond to RFIs 24 16 8 $ 5,160 S~te wslts 24 48 $ 7,800 Rewew subst~tubpns 8 4 $ 1,280 Review change ~rders 16 8 4 $ 3,120 $ Task 13 - Attend Construction Meetings $ Meetings (12) 20 96 48 $ 20,720 $ Task 14 - Perform Inspections $ Penod~c ~nspect~ons 16 80 $ 9,760 Substantial comRlete inspection 24 24 $ 5,520 Punch hst 4 4 4 $ 1,120 F~nat ~nspect~ons 16 16 4 $ 3,880 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project management 64 96 16 $ 17,760 QA/QC 24 8 $ 3,640 Subtotal - Labor 84 292 284 60 128 80 $ 98,800 Other Direct Costs Cost Item Cost Mult~pher Total $ M~lage 2000 M~les $640 1 0 $ 640! Travel 12 Tr~ps $6,000 1 0 $ 6,000 CADD 92 Hours $920 1 0 $ 920 M~scellaneous $0 1 0 $ Subtotal - Other D~rect Costs $ 7,560 Total Eng~neenng Fee - Construcbon Services ~ Labor Category PM PE DE SI DD CLK Total Rats $160 $135 $95 $10 $70 $50 LaborS Task3 Revise SP~clflcat{ons 24 184 200 4(3 184 48 $ 66t960 Task4 Revise Drawings 0 130 0 75 408 4 $ 53~310 Task 5 Attend De{~lgn Meetings 12 36 24 0 0 0 $ 9r060 Task6 Assist Bid Activities 0 16 8 0 0 4 $ 3~120 Task7 PlansandlSpeolfleationsforStandbyPowerGenerators 8 176 864 8(~ 512 4 $ 151~160 Task 8 - Plans and Specifications for High Service Pump Station 0 16 0 0 32 4 $ 4~600 Task 9 Plans and Specifications or Intarmed ate L ft Pumps 2 50 40 4 88 16 $ 18 230 Task 10 Plans an~ Specifications for Ozone Facilities 0 188 0 52 460 16 $ 63 580 Task 11 Review ~hop Drawing Submittals 0 40 40 6¢ 32 32 $ 19~040 Fask 12 PmvideOsslgn Clarifications 0 72 72 0 0 16 $ 17~360 iTask 13 Attend C~)nstmctlon Meetings 20 96 48 0 0 0 $ 20~720 Fask 14 Perlorm llnspe~tions 0 60 124 0 0 8 $ 20t280 task15 Prepare )LCPmgrems 0 0 0 0 0 0 ~; rask 16 Configur~ , MMI Screens and Repo~ts 0 0 0 (3 0 0 $ rask 17 Start up ;ontrol System 0 0 0 (3 0 0 $ task 18 Prepare )&M Manuals 0 0 0 (3 0 0 $ rask19 Provldel lstamTreinlng 0 0 0 (~ 0 0 $ $ $ task I & 2 were thp Pre-design tasks $$ $ $ $ =reject m~magemept 184 288 74 $ 53300 :3AJQC 36 206 0 0 35 $ 35 370 Subtotal Labor 286 1270 1420 3C 2004 262 $ 536090 Other Direct Costs Cost Item Cost Multiplier Total $ Milage 4300 Miles $1 376 1 0 $ 1 376 Travel 22 Trips $11,000 1 0 $ tl~000 ;ADD 1728 Hoars $17~280 I 0 $ 17r280 ~liscellaneoue $0 I 1 0 $ Subtotal Other Direct Costs I I $ 29 656 Total Engineering Fee Configuration Services ~ $ 565 746 Scope of Work for City of Denton, TX Ozone Design-review, Startup Training and Optimization Assistance By Process Applications, Inc. February 22, 2000 TABLE OF CONTENTS INTRODUCTION 1 SERVICES DURING DESIGN REVIEW 2 Deslgn-rewew Workshop No 1 3 Des~gn-rewew Workshop No 2 3 SERVICES DURING PREPARING FOR Startup 3 Startup Trmnmg Workshop No 1 5 Startup Trmnmg Workshop No 2 5 Startup Trmnmg Workshop No 3 5 SERVICES DURING OZONE OPTIMIZATION 5 BUDGET 6 INTRODUCTION Ozone will be a new and chfferent treatment process for the C~ty of Denton, TX Ozone rmght be the first or second most expensive chenucal to be added Trmnmg as proposed dunng three phases of the project 1 Dunng desagn for O&M rewew plus Planmng for Operauon 2 Dunng constmcuon to prepare staff for process and eqmpment startup 3 Dunng first-year operaUon for system opUm~zaUon Process Apphcat~ons, Inc has experience m ozone startup tratmng and process opnm~zanon Several projects have been conducted or are m progress m the Metroplex An ozone design- review, startup trmnmg and optlnuzat~on assistance project conducted for the C~ty of Arhngton, TX ~s nearly complete Through this effort the C~ty of Arhngton has achieved optimized performance of tbe~r ozone facilities Recently, the Upper Tnnlty Regional Water D~stnct contracted w~th Process Apphcat~ons, Inc to conduct an ozone des~gn-rewew, startup 05105/00 - I - Hector Soto SCOPE RAKNESS doc trmmng and opt~rmzauon assistance project for their Water Treatment Plant The UTRWD project has just finished the design phase of the project The C~ties of Dallas, Fort Worth, and Arlington, Texas were involved m a residual-momtor-optmuzat~on research project that was part of a 5-year American Water Works Associataon Research Foundation (AWWARF) and Electric Power Research Institute (EPRI) ozone optmuzataon research project Process Apphcataons, Inc was the principal mvest~gator for that research effort SERVICES DURING DESIGN REVIEW Ozone is new to the operating staff Training is proposed as part of the project to assist staff In developing full and complete design review comments Process Apphcatlons, Inc proposes to prepare and present, with assistance from the design team, two design-trmnmg workshops to advance staff understanding of ozone system operatmn and mmntenance considerations in order to 1 Promote s~te-specffic design review comments that will enhance operation and rmuntenance Example site-specific ~ssues rmght be drmmng, mspect~ng, and m-filhng ozone contactors and closed-loop versus open loop cooling water systems 2 Increase staff awareness-of and planmng-for operation and mmntenance acuwnes associated with their forthconung ozone facllit~es Example operating-plan ~ssues are level of automation, staffing for operation and mmntenance, and budgeting for energy and LOX In prepanng for the tralmng workshops Process Apphcat~ons, Inc will meet w~th the design team to &scuss O&M-related design issues and cons~derauons Process Apphcatlons, Inc also will develop an ozone control-simulation model that wall be used to assist all part,es ~nvolved w~th wsuahzmg how the ozone system will react to process changes, such as water flow, water temperature and water quality The model will be calibrated using ozone dose- response information av~ulable from the C~ty of Arlington, TX plants, plus data from bench- scale studies of water from Lake Ray Roberts A separate budget ~tem has been prowded for the bench-scale stu&es 05/0~/00 - 2 - Hector Soto SCOPE RAKNESS doc Meeting with Design Team: Process Applicataons, Inc will meet with the design team to discuss O&M issues and considerations and design choices that are available to the plant staff Design-~'eview Workshop No. 1: Design-review workshop No 1 will be held at about the 30% design review phase Topics of discussion maght include the following 1 Ozone overview What is ozone'~ What equipment is involved with an ozone system? 2 Ozone safety What is the safety record of ozone9 What safety equipment is part of the ozone design? 3 Application of ozone in water treatment What are advantages and cautions for using ozone? How is disinfection credit calculated? 4 P&ID review How is ozone equipment lnterconnected'~ What is the purpose of each component? What are O&M considerations9 What are control and automation eonslderataons? Design-review Workshop No. 2: Trmmng workshop No 2 will be held at about the 80% design review phase Topics of discussion maght include the following 1 Layout review Where is equipment located9 What are maintenance needs'~ How is equipment accessed for mmntenance'~ 2 Process monitoring and control overview What are key instruments used for momtonng and controlling the ozone system'~ How is the ozone system controlled9 3 Automation review What are automation features of the ozone system'~ SERVICES DURING PREPARING FOR STARTUP 0~/05/00 - 3 - Hector Soto SCOPE RAKNESS d~ experience mdmates that "process" trmmng is beneficml to develop staff awareness and understanding of thear ozone system prior to specffic "equipment" trmmng by the ozone system suppher Process Apphcataons, Inc wall facilitate and coordinate ozone-process training through three workshop-trmmng events as described below The design engineer wall requested to pamcapate m the training sessaons three trmnmg workshops are each 8-hr long and will be presented an intervals of approxamately four to slx weeks Ozone System Operational Gmdehnes wall be developed as follow-up actlvlty after each trmmng workshop Process Apphcatlons, Inc will develop Gmdehnes with apphcable input by the plant staff Copies will be provaded in pnnted and electromc format A last of possible Operataonal Guldehnes is presented m Table 1 first trmnlng session will be scheduled about six to eaght months prior to completaon of constmctton Tbas leaves tame for manufacturer's equipment tr~umng just before system startup Table 1. Example Ozone System Operational Gmdehnes SAFETY 101 Oxygen Safety 102 Ozone Safety PROCESS MONITORING / OPTIMIZATION 201 Calculating Ozone Process Parameters 202 Calculatang Ozone Dlsmfectaon Credit 203 Caltbratmg Ozone Residual Analyzers 204 Daffy Momtonng and Long Term Treading 205 Round's Sheet 206 Ozone Opttnuzauon Strategaes OPERATION 301 Selectton Criteria for Operating Units 302 Ozone System Cold Startup 303 Planned Ozone System Shut-Down 304 Equipment Switching and Rotataon 305 Nitrogen-feed System Operation 306 Response to Ozone Alarm MAINTENANCE 401 Contactor Drmnmg-Inspectlon-Ffihng 402 Ozone Generator Shell Opemng-Inspectaon-Closmg - 4 - Hector Soto SCOPE RAKNESS doc Startup Trainine Workshoo No. 1: Topics rmght include review and new information regarding safety and apphcat~on of ozone plus ozone eqmpment design and operating criteria Trazmng workshops ~nvolve safety procedures and eqmpment selection criteria gmdehnes Startup Training Workshop No. 2: Topms rmght include ozone contactor and off-gas process operation and detern~nation of ozone disinfection lnactavation credit Trmnmg workshops involve off-gas system startup procedure, calculation of ozone disinfection credit and ozone system computer simulation Process Apphcatlons, Ine wall use the spreadsheet simulation model of the ozone system in the workshops The simulator will be given to the City of Denton WTP staff Startup Training Workshop No. 3: D~scusslon topics rmght include liquid oxygen (LOX) and ozone generator operataon and calibration of ozone residual analyzers Trmmng workshops revolve calibration of residual monitors, calculatton of ozone parameters, generator and contactor switching and total ozone system startup, ozone system monitonng, contactor drmmnghnspectlon/filhng, and rewew of key startup procedures SERVICES DURING OZONE OPTIMIZATION After startup, Process Apphcatlons, Inc will provide follow-up techmcal assistance and tralmng directed towards optlrmzlng performance and operation of the ozone system Follow- up techmcal consultation will consist of at least three site-mslts plus phone consultation over a period of slx to twelve months after startup Process Apphcatlons, Inc will develop a spreadsheet-based ozone data momtonng program for use by staff in assessment of long-term performance trends for purposes of achlewng optlrmzed ozone system performance Training wall be promded on the monltonng program dunng Construction Training Workshop No 3 and wall be utlhzed dunng the first-year to assist staff in development of an optimized ozone system OSlOt~lO0 - '~ - Hector Soto SCOPE RAKNESS doc BUDGET Proposed budget is shown below February 25, 2000 O*,lO"ilO0 - 6 - Hector Solo SCOPE RAKNESS doc 1-1-00 SUBCONTRACT AGREEMENT (DTN00) Tlus Agreement as between ISBELL ENGINEERING, INC (hereinafter "Consultant") and FREESE AND NICHOLS, INC (hereinafter "FNr') In constderauon of Consultant providing professtonal servtces for FNI and FNI uuhzmg Consultant's serrates on an independent contractor basts, the parties hereby agree 1 Consultlmt wall promde FNI vnth the services described m Schedule A attached hereto 2 CortfidentmhtY Agreement as (X') Not Reqmred, ( ) Reqmred and attached hereto 3 The parUes agree that ttus Agreement as not mtended to create an employment relaUonstup, and Consultant's status as that of an independent contractor 4 Consultant will provtde any and all tools, supphes, office space and transportation needed to prowde lns servtces 5 FN'I wall pay Consultant on the basts and under the conditions described in Schedule B attached hereto 6 Consultant agrees to be liable for all income and employment taxes wluch may be due 7 Ttus consulting agreement may be t~e~,m~_at__e_d_.b .Y~e~!?~r~P~ar~ ~otranJo~emt~a~eW~t~)n~at;Cs~ If tins agreement ~s termmatea, or txme pro.lc~t ~ ~u.~p~,,,, .... the Consultant wall be pa~d for ser~n~ ces saUsfactonly performed prior to wnttan noUce from FNI m accordance wath Schedule ~ 8 Consultant shall effect and maintain insurance m accordance wath the provtslons of Schedule attached hereto Consultant shall not asstgn or sublet m whole or m part ttus contract or the C ................... roval from FN'I Anproval by FNI shall not e ?s.to oe. and llabll;¢ Consultant ¢ons~lB.l~e or oe ug:clll~u [~ u~ ~ r the accuracy and competency of the servaces to be performed under this Subcontract Agreement 9 Dtsadvantaged Business Enterprise eerttfieaUon as (X) Not Required, ( ) Reqmred and attached hereto 10 Ttus Agreement shall be adrmmstered and interpreted under the laws of the State of Texas Venue of any legal proceeding revolving flus Agreement shall be an Tarrant County, Texas AGREED AND EXECUTED ttus day of ., 2000 ISBELL ENGINEERING, INC FREESE AND NICHOLS, INC BY BY TITLE TITLE TAX I D # 4055 IntemaUonal Plaza 1004 Maple, State 107 State 200 Sanger, Texas 76266 Fort Worth, Texas 76109-4895 R \CONTRACT~OO~UBS\DTNOO*ISBI~L[- ~ SCHEDULE A Consultant shall provide the following slzuctural englneenng services in connection w~th the City of Denton Lake Ray Roberts Water Treatment Plant (DTN00~) SCOPE OF SERVICES A Consultant shall provide slzuctural demgn of the Adrmmstratlon Btuldlng, winch will be approxu-nately 16,000 s f, two story, w~th a suspended foundation B Consultant shall attend all necessm~/meetings at the offices of FNI dunng the design phase C Consultant shall answer quesuons during the bid phase D Consultant shall check shop drawing subrmttals dunng construction phase E Consultant shall observe construction of'the Administration Building penodmally F Structmml drawings shall be provided to FNI in electromc format using Autocad Version 14 or 2000, as well as one full size set of.signed vellum reprodumbles G Consultant shall use FNI's standard spec~ficatmns, revised as required for the purpose of tins project Consultant shall echt an electromc version of the specifications and return these electromc files to FNI Consultant shall use FNI's standard Cad formats, including sheet borders, section and tatle notaUons, and other Cad criteria These Cad standards will be provided to the Consultant prior to begmmng work The Agreement between FNI and Owner (the Prime Agreement) is attached hereto as Schedule D and made a part hereof. Th~s Subcontract is for a portion of the servmes winch are the subject of the Prime Agreement Consultant agrees to be bound by the terms and condltmns of the Prime Agreement, insofar as they relate to and affect the services to be performed by the Consultant Consultant shall have the same rights, duUes, obhgauons and hrmtauons as to FNI as FNI has to the Owner under the Prune Agreement No work shall be done under tbas Agreement until Consultant is instructed in wnung to commence the work Consultant's services shall be completed w~tinn sixty (60) calendar days after the date of the notice to commence FNI CONSULTANT R \CONTRAC~000~UB$~DTNfl(~I$ B~L~- SCHEDULE B In consideration of the services to be performed under th~s Subcontract, Consultant shall be prod the total lump sum fee of NINE THOUSAND SIX HUNDRED FIFTY DOLLAKS ($9,650 00) Consultant will submit an invoice to FNI monthly for services rendered m accordance with the following format This invoice will be included in the next invoice submitted to FNrs chent Payment to Consultant will be made within ten (I0) days after FNI receives payment for Consultant's services Should this Agreement be terminated pursuant to Paragraph 7, Consultant will be paid, ~f any payment is due, withal ten (10) days after FNI receives payment for Consultant's services IfFNI does not receive full payment when due from the Owner, FNI shall pay the Consultant for acceptable service ~n the same proportion that payments received from the Owner bear to the total payment due to FNI CONSULTANT EXAMPLE FREES]~ AND NICHOLS, INC CONSULTING ENGINEERS 4055 INTERNATIONAL PLAZA SUITE 200 FORT WORTH, TEXAS 76109-4895 ATTENTION ACCOUNTS PAYABLE CITY OF DENTON - LAKE RAY ROBERTS WATER TREATMENT PLANT STRUCTURAL ENGINEERING SERVICES FOR ADMINISTRATION BUILDING DTN00999 0AC0 1160 STATEMENT FOR SERVICES DURING PERIOD THROUGH LUMP SUM FEE $9.650 00 X % COMPLETED $ TOTAL FEE EARNED TO DATE $ LESS PRIOR BILLINGS $ CLrRRENT AMOUNT DUE $__ TOTAL AMOUNT DUE $ FNI CONSULTANT R \CONTRACT~000~UB$\DTN00-1SBELL w~d SCHEDULE C Consultant shall maintain the following basic insurance coverage at mlmmum I COMMERCIAL GENERAL LIABILITY including Products/Completed Operations Coverage and Contractual Liability w~th mlnlrnum limits of liability for Bodily InJury and Property Damage for $500,000 General Aggregate $500,000 Products and Completed Operations Aggregate $500,000 Personal and Advemsmg Injury $500,000 Each Occurrence Lu'mt $ 50,000 Fire Legal Liability $ 5,000 Medical Expense II AUTOMOBILE LIABILITY including Hired and Non-Owned vehicles w~th mlmmum hmlts of liability of $500,000 Combined Single Limits for Bodily Injury & Property Damage III UMBRELLA OR EXCESS LIABILITY coverage wth a mlmmum limit of liability of $1,000,000 rv WORKEK'S COMPENSATION including Employer's Lmbflity vath a limit of $100,000 Bodily Injury Each Accident $500,000 Bodily Injury by Disease - Policy Limit $100,000 Bodily Injury by Disease - Each Employee V PROFESSIONAL LIABILITY (appropriate to the CONSULTANT's profession) vath minimum limits of habihty of $500,000 Before commencing work Consultant shall furnish FNI with ongmal Certificate(s) of Insurance by Consultant's agent(s) Use the standard form like the one attached to ttus Agreement Pnor to each policy expiration date and for the term of tins Agreement, Consultant shall funush FNI w~th renewed Certificates of Insurance FNI CONSULTANT R \CO NTRACI~2000~SU B$~DTN00-1$ B ELL w~d THIS (;;cK~"IFICAT~ IS ISSUED AS A MAi 1 ~ OF INFORMATION M¢.~ugh~.~.a / a~aaon [nau~ance ONLY ~D CONFERS NO ~GHTS UPON ~E HOLDER THIS CE~FICATE DOES NOT AMEND, ~ND OR [O;2S Estate ~ne AL~R ~E CO~GE AFFORDED BY ~E POLICIES BELOW 21~-503-1212 ~ 21~-~03-8899 INSU~RSAFFORDINGCOVE~GE ANY A~O AUTO ONLY AGG - wo~ ~p~oN ~D r-----A~non t'-c::oTII:::II~.ATI~ OF LIABILITY INSUNAr~" __ ~3'i~I~y-~4TID CONFERS NO RIGHTS U?_ON..._'r~-I,.E, PRODU~R ~'~ TE DOES NOT AMI=plU, u hlin / e~unson :neu:ance HOLDER THIS CE~rl.~R.C.A~=nen=n mY THE OLICIES BELOW I~'.='°"n'~'= AL. RTHECOVERA~ ............... F ,a~.3.&,, '~X '/5238 iNSURI~RS AFFORDING COVERAGE POUCIES AGGREGA~ LIMI~ ~l, -~ ~ [ ~OSaS0-0Z ~S/Se 3/~S/00 [00 000 ~ iM~C~ GENEral~ ) ~ (A~ one ~.ent IS 5 000 I O~OU~B~ ~.~o. CANCEL~ON CER~RCA~ HOLD R ~NA~ t~U~R~ ~OU~ANYOF~E~VEO~B~IES~NCE~Da~ORB~ ~7~7) 05/1G/00 10.1~ 9?2 ~31 00~0 ~ 940349859G NO 031 P001/00~ The Sheldon Developmem Company 14643 Dallas P~xkwa¥ $~to#910 D~I~,TX 75240 Phone'972-331-2050 Fax 972-331-0020 Date: ~16/00 To: Denton City Hall Fax: 9g0.349-8596 From: The Sheldon Development Company Cat? Moon Phone: 972.331-2050 Fax: 972-331 2-including cover sheet Subject: Denton - Llllian Miller & Teasley Lot 1, Block B of the RNW Addition Please distribute the attached letter to all City Council Members. Thank you. May ! 6, 2000 ~a Facsimile Denton Ctty Councg Members 2l 5 Enst DenOn, ~ 7620~ m~m~ ~e m.zonms o~ ~hel~ ~velopm~t Comply ~d work Out · mgo]B~on ~ ~ou ~or yom ~]d~o~ S~ly, Bill Tom C~d~ll ~ ~mpton