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January 02, 2001 Agenda
AGENDA I CITY OF DENTON CIT COUNCIL agenda Item January 2, 20i ()ate After det, xmlmng that a quorum is present and eonvel ting ~n an Open Meeting, the C~ty Council of the CaSy of Denton, Texas will convene m a Close{i Meeting on Tuesday, January 2, 2001 at 5 15 p m m the Caty of Denton Council Work Ses~ton Room, Denton C~ty Hall, at 215 East MeKmnoy, Denton, Texas to consader speeafie ,terns ~ ,hen these ~tems are hsted below under the Closed Meeting sectaon of thts agenda When ~tems~ for conmderaUon are not lasted under the Closed Meetang secuon of the agenda, the Caty Co~ reft will not conduct a Closed Meeting at 5 15 p ml, and wall convene at the t~me lasted below fcr ~ts regular or specml called meeting The Caty Co,neff reserves the r,ght to adjourn ~nto a Closed MeeUng on any ~tem on ars Open Meeting ~ganda consistent with Chapter 551 of the T~ xas Government Code, as amended, as set forth below 1 Closed Meeting Consultation wath the C~ty Attorney Under TEXAS GOVERNMENT CODE Section 551 071 (1) Receive legal advase from the ~2~ty Attorney or h~s staff concerning legal ~ssues regarding obhgat,ons ant potential modifications of, and threatened ht~gat~on over, an AnnexaUon Agreement between the C~ty and V~olet Properties Assoemtes (succes~ or being Wynne/Jackson) ~n August of 1999, pertaining to the col~structlon of the H~ghway 377 Water Transmassxon Line and the Gra~ eyard Branch Interceptor Sewer Lane x~vtNY FINAL ACTION, DECISION, OR VOTE ON A MA~ {R DELIBERATED 1N A CLOSED MEETING LL OF LY BE TAKEN 1N AN OPEN MEETING TH/ IS HELD IN COMPLIANCE WITH TEXAS GOVERN dENT CODE, CHAPTER 551, EXCEPT TO THE 1 TENT SUCH FINAL ACTION, DECISION, OR VOTE IS FAKEN 1N THE CLOSED MEETING IN ACCOR ANCE WITH THE PROVISIONS OF SECTIt~N 551 086 (IF THE TEXAS GOVERNMENT CODE (THE PUBLIC POWER EXCEPTION") THE CITY COUNCIl RESERVES THE RIOHT TO ADJOURN INTO CLOSED MEETING OR EXECUTIVE SESSION AS AUT1/ORIZED BY TEX OOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA ( ~R TO RECONVENE IN A CONTINUATION OF THE CLC SED MEETING ON THE CLOSED MEETING ITl~ MS NOTED ABOVE, IN ACCORDANCE WITH THE TE~ AS OPEN MEETINGS ACT, INCLUDING, WITH )UT LIMITATION SECTIONS 551 071-551 086 OF THE q EXAS OPEN MEETINGS ACT Regular Meeting of the Caty of Denton C~ty Council ~,n Tuesday, January 2, 2001 at 6 00 p m the Council Chambers at Cxty Hall, 215 E McK mey Street, Denton, Texas at which the followan~ ~tems wall be consadered 1 1 Pledge of Allegiance A U S Flag B Texas Flag,, il ' I Honor the Texas Flag -- I pledge all ~ance to thee, Texas, one and ~nd~wsable" 2 ece~ve a Recychng Resolution from Keep Di nton Beautiful CITIZI~N REPORTS 3 l~eter Martin regarding recycling City of Denton C~ty Council Agenda January 2, 2001 Page 2 4 Victoria Lee regarding recycling 5 Mike McM~llen regarding recycling 6 Tom Kay regarding City of Denton dump fees 7 Damelle Pierce regarchng solid waste management and Denton's future 8 Eva Cadwallader regarding recycling 9 Mike M~zell regarding recycling 10 Martha Lynn Nelson regarding recycling CONSENT AGENDA Each of these ~tems Is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendatmns Approval of the Consent Agenda authorizes the C~ty Manager or h~s designee to implement each ~tem m accordance w~th the Staff recommendations The Cay Councd has received background information and has had an oppomlmty to rinse questions regardmg these ~tems prior to cons~deration Listed below are b~ds, purchase orders, contracts~ and other ~tems to be approved for payment under the Consent Agenda (Agenda Item 11-32) Th~s hstlhg ts prowded on the Consent Agenda to allow Council Members to d~scuss or w~thdraw an ~tem prior tol approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Item 11-32 below wall be approved w~th one motion If items are pulled for separate discussion, they wall be considered as the first ~tems under "Items for Ind~vtdual Constderat~on" 11 Consider adoption of an ordinance approwng amendment number one to an ~nterlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton Qounty Historical Commission, authormng the Mayor to execute same on behalf of the C~y, and prowdlng an effective date 12 Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas State Library and Archives Commission to provide ~nterhbrary loan servmes tO multltype hbranes in Texas, and providing ~ effective date 13 Consider adoption of an ordinance apprown~ a memorandum of tmderstand~ng between the City of Denton and the Federal Emergency Management Agency, Region VI ("FEMA"), to prowde for an alternate cont~fiulty of operatmns faclhty at North Lakes Park and Recreation Center in the event that FEMA's permanent facility ~s unavmlable ~n an emergency, anthonz~ng the expenditure oflfunds therefore, and providing an effective date 14 Consider adoption of an ordinance authorizing the C~ty Manager or his designee to execute a plpehne crossing agreement with the Union Pacific Rmlroad Company for a sanitary sewer line at Mile Post 725 98, ChoCtaw Subd~ws~on, Town of Argyle, Denton County, Texas, authorizing the expenditure of funds therefor, and prowdlng an effective date City of Deaton City Council Agenda January 2, 2001 Page 3 15 Consider adoption of an ordinance of the City lof Denton approving an Encroachment on Easement Agreement between the City of I)enton and the TXU Electric Company, Successor to the Texas Power & Light Company, CTXU Electric") relating to the location of a City Water Pipeline within a TXU Electric Utility Easement described in that certmn easement recorded m Volume 560~ Page 602 of the Deed Records of Denton County, Texas near where smd easement intersects with U S Highway 377 within the City of Denton, Texas, Authorizing the expenditure of funds therefore, and providing an effective date 16 Consider approval of a resolution approving a right-of-way use agreement between the City of Denton, Texas and The Preserve at Pecan Creek, Ltd, and declaring an effective date 17 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Sanitary Sewer Lines, providing for the expenditure of funds therefore, and providing! an effective date (Bid 2576 -Underwood Phase II Samtary Sewer Lines awarded tGI Zelss Utthtles, Inc, in the amount of $238,092 20) 18 Consider adoption of an ordinance approving a second award on an annual contract for the purchase of two additional power transformers, rejection of certmn bids not meeting specifications, providing for the expenditure of funds therefore, and providing an effective date (Bid 2557-power transformers awarded to Waukesha Electric Systems in the amount of $466,200 each or $932,400 for two, plus primary winding options of $15,000 00 each for a total award of $962,400) 19 Consider adoption of an ordinance accepting!competitive bids and awarding an annual contract for distribution transformers, provldihg for the expenditure of funds therefore, and providing an effective date (Bid 2581 - Annual Price Agreement for Dlsmbutlon Transformers awarded to the lowest responsible bidder in the estimated annual amount of $960,000) 20 Consider adoption of an ordinance accepting I competitive bids and awarding a contract for the purchase of a Truck Mounted Liquid Asphalt Distributor, providing for the expenditure of funds therefore, and providing an effective date (Bid 2583 - Truck Mounted Asphalt Distributor awarded to Peterbilt Motors Company in the amount of $107,933) 21 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Vibratory Roller, providing for the expenditure of funds therefore, and providing an effective date (Bid 2584'- Vibratory Roller awarded to Clemons Tractor Co, in the amount of $34,606 w~th a~buy back offer of $23,000 for a 36-month cost of $11,606) 22 Consider adoption of an ordinance acceptlng~ competitive bids and awarding a contract for the purchase of a Truck Mounted Brush Loader/Grappler, and providing for the expenditure of funds therefore, and providing an effective date (Bid 2585 - Truck Mounted Brush Loader/Grappler awarded to lSouthwest International in the amount of $88,927) I C~ty of Denton City Council Agenda January 2, 2001 Page 4 23 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of a supply of pohce tactical West, prowdlng for the expenditure of funds therefore, and providing an effective date (B~d 2586 - Police Tactmal Vest awarded to Trooper Supply, Inc, ~n the amount of $28,578) 24 Consider adoption of an ordinance accepting leompet~t~ve bids and awarding an annual contract for 15kV Fused Enclosures, prowd~og for the expenditure of funds therefore, and providing an effective date (B~d 2592 - Fused Enclosures awarded to Temple, Inc for Item 1 m the amount of $3,949 each and Malton Eqmpment c/o Len T Deloney for Item 2 m the amount of $5,579 each The estimated annual expenditure ~s $60,000) 25 Consider adoption of an ordinance accepting Icompetltlve bids and awarding a contract for the purchase of a Loader/Backhoe Tract,~r, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2593 - Loader/Backhoe Tractor awarded to Continental Eqmpment Co, L P, in the amount of $73,755 w~th buy back offer of $45,000 for a 36-month cost of $28,755) 26 Consider adoption of an ordinance accepting leompet~t~ve bids and awarding a contract for the purchase of a Radio Traffic S~gnal C~mmumcatlons System, providing for the expendxture of funds therefore, and providing an effective date (B~d 2595 - Radio Traffic Communication System awarded to ¢onsohdated Traffic Controls, Inc, m the amount of $51,030) 27 Consider adoption of an ordinance accepting l competitive bids and awarding an annual contract for Armored Cour~er Service, promd~ng for the expenditure of funds therefore, and providing an effective date (B~d 259~- Armored Cour~er Service awarded to Loom~s, Fargo & Co, m the amount of $330 per month per site Estimated annual expendaure ~s $19,800 or $59,400 for three years ) 28 Consider adoption of an ordinance prowdmg for the expenditure of funds for the purchase of ACS Software and Hardware whmh are avmlable from only one source ~n accordance w~th the prows~ons of State, Law exempting such purchases from reqmrements of competitive b~ds, and provtflmg an effective date (Purchase Orders 1,1505 and 11505a to Advanced Control Syster~ (ACS) m the amount of $28,824 00) 29 Consider adoptaon of an ordinance prowdmg for the expenditure of funds for the purchase of 800 Mhz Radio System Upgrade & Relocation whmh is available from only one source m accordance vath the prows~ons of State Law exempting such purchases from reqmrements of competitive bids, and prpwdlng an effective date (Purchase Order 11509 to Motorola m the amount of $837,231 00) 30 Consider adoption of an ordinance approvlnl~ a real estate contract between the City of Denton and Marvm C (M C ) Burch, Pochard Lee Butch, and Nelda Grace (Burch) Hackett relating to the purchase of 2 acres 9f land and a 0 136 acre access easement located an the J Severe Survey, Abstract No I1164, for use as an elecmc substation and related purposes, anthonzmg the expendlttlre of funds therefor, and prowdmg an effectave date City of Denton City Council Agenda January 2, 2001 Page 5 31 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the renovation of the heating ventilation and air conditioning (HVAC) system at City Hall East Englneenng sectlor~, provl&ng for the expenditure of funds therefore, and providing an effective date (Bid 2620 - City Hall East/Engineering Section HVAC Renovation awarded to the lowest responsible bidder CBS Mechanical in the mount of $79,885) 32 Consider adoption of an ordinance approving a letter agreement between Wynne/Jackson Lakes Development, L P and the City of Benton regarding the Highway 377 Water Transmission Line and the Graveyard Branch Interceptor Sewer Line, authonzang the expenditure of funds therefor, and providing an effective date PUBLIC HEARINGS 33 Hold a public hearing and consider adoption of an ordinance rezomng and approving a Zoning Plan for a 19 57 acre tract located on the northeast side of the intersection of Teasley Road and Ryan Road The property~ is currently zoned Agricultural (A) The intent is to rezone the property to a Planned Development (PD) contmnmg single-family residential and neighborhood service retml (The Planning and Zoning Commission recommends approval 5-0 with con&tlons ) (ZP-O0-O09, Teasley TracO 34 Hold a public hearing and consider approving the Comprehensive Plan Amendment of 17 9 acres, from a Neighborhood Center land, use classification to a Community Mixed Use Center land use classification The site iS located at the southeast comer of Teasley Lane and Hickory Creek Road A community shopping center and offices are proposed (The Planning and Zoning Commission recommends approval 7-0) (CA-O0-O01, Forester TracO 35 Hold a public hearing and consider adoption of an ordinance approving a ProJect PlardI)ettuled Plan at 1207 and 1213 Wilson Street in a Planned Development (PD-189) zoning district The 1 8 acre property is generally located on the northwest comer of Wilson and Ruddell Streets Office uses for several non-profit agencies are proposed (The Planning and Zoning Commission recommends approval 6-0 with conditions) (SP- 00-013, Denton Houslng Authortty) 36 Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan, to rezone 2 94 acres located along the south side of Audra Lane approximately 640 feet west of Mockingbird Lane from Agricultural (A) zoning district to Planned Development (PD) zomng district A 12-lot single-family subdivision is proposed (The Planning and Zomng Commission recommends approval 7-0 with conditions ) (Z-O0-O13, Audra Oa~) 37 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone 1 954 acres from an Agricultural (A) zoning district to an Office (O) zoning d~stnct The property is located between Helm Street and Teasley Lane approximately 1,400 feet south of Bent Oaks Drive Office development is proposed (The Planning and Zoning Commission recommends approval 7-0 with conditions ) (ZP-O0-O16, The Ruehle Office) City of Denton City Council Agenda January 2, 2001 Page 6 ITEMS FOR INDIVIDUAL CONSIDERATION 38 Consider adoption of an orchnance declaring Ia public necessity exists and finding that pubhe welfare and convenience reqtures the taking and acquiring of an approximate 20 acre tract or parcel of land being part of Lot 2, Block A of the Sandhn Addition, an addition to the City of Denton m fee simple for a regional detention pond smd property being located m BBB & CRR Co Survey, Abstract No 180, and m the T Toby Survey, Abstract No 1288, City of Denton, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings m condemnation in order to acquire the property necessary for the public purpose of a regional detention pond, and declaring an effective date 39 Consider adoption of an ordinance approving and authorizing the expenditure of funds under the City of Denton's infrastructure financing pohcy for water and wastewater facilities to Yorlum Construction Management Ltd, such facilities to be extended to a development located at the intersection of Highway 380 and Masch Road, authorizing the City Manager to enter into an agreement on behalf of the City, and providing an effective date 40 New Business This item provides a section for Council Members to suggest items for future agendas 41 Items from the City Manager A Notification of upeommg meetings and/or conferences B Clarification of items on the agenda 42 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 43 Official Actaon on Closed Meeting Item(s) trader 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 Cl~ Hall of the Cltyof/I~on, Texas, onthe,~ dayof~ ,2000at ~ OO o'clock Y SECRETARY ! NOTE THE CITY OF DENTON CITY COLrNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR. THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A S1GN LANGUAGE INTERPRETER CAN BE SCHEDULED [~HROUGH THE CITY SECRETARY'S OFFICE AGENDA INFORMATI~)N SHEET AGENDA DATE. January 2, 2001 DEPARTMENT: Parks and Recreation ACM. Dave Hall SUBJECT: Receive a Recychng Resolution from Keep Denton Be~utlthl, Inc BACKGROUND: Denton began offenng recycling services to the mt~zens of Denton m 1988 Although the mty offers re~ychng services at outdoor recychng center~, recently there has been a decrease in servmes To date, the City of Denton has not lnst~t~ted a curbslde recychng program Keep Denton B,eaut~ful, Inc desires to encourage the City to ?rengthan Its commitment to recychng RECOiVEVIENDATION: Keep Denton Beautiful Inc would encourage the C~ty to conduct a survey of Denton citizens regarding their support of curbs~de recycling If the survey ~nd~cates broad support by the citizens and their wffimgness to pay for such services, ,then KDB, Inc strongly recommends that the City institute a comprehensive eurbslde recychng p[ogram in Denton by December 31, 2001 PRIOR ACTION/REVIEW' The Keep Denton Beautiful, Inc Board of D~rectors unammously approved the Recycling Resolution at the November 9th monthly meeting Respectfully submitted Ed Hodn~y, Dlrectg.,~'~ Parks andl Recreation Department Prepared by F ~admm\Clty CounmlXKDB Curbs~de Recychng Resolution doc KEEP DENTON BEAUTIFUL P O BOX 374 · DENTON TEXAS 76202 · 940-349-8537 DATE December 1,2000 TO The Honorable Mayor Euline Brock and the Members of the Denton C~ty Council FROM Janay T~eken, Keep Denton Beautiful, Inc SUBJECT Recychng Resolution and Backup Matenal$ Keep Denton Beautiful, Inc ~s pleased to present the C~ty Council of Denton the attached Recycling Resolution The Board of Keep Denton Beautiful has put many hours of thought, consideration, reseamh and consultation into the Resolution, in order to be clear ~n our request, accurate ~n our facts and supportive of new and on-going efforts the C~ty of Denton has made ~n the area of recychng F~rst, we want to pubhcly acknowledge and applaud the many s~gn~hcant recychng programs currently ~n place The composbng program using yard waste and b~osohds ~s exemplaryl The new Reuse facility w~ll encourage the reuse of ex~st~ng ~tems, saving resources for everyone The appointment of Off~cer M~ke Sweet as Denton's Environmental Crimes Officer shows commitment ~n the area of enforcement of enwronmental laws The increase in paper drop-off s~tes and the addition of clothing drop-off boxes are positive steps for racychng We are hopeful that the plans for a Materials Recovery Fac~hty will proceed very quickly, prowdmg many future options for handhng the recylables currently ~n our waste stream We are proud of these programs and will work w~th the C~ty for their continued success The attached Recycling Resolubon focuses on just one element of handhng sohd waste ~n the C~ty--that of curbs~de recycling Although we realize that curbs~de recycling will d~vert just a small percentage of waste from the landfill, the "action" has a larger ~mpact The very act of taking recyclables to the curbs~de commumcates a "commumty norm" that is hkely to foster sasta~nable behawor throughout the commumty Of course, the Ideal "community norm" would be for everyone to reduce the amount of waste generatedl Keep Denton Beautiful recogmzes the need to educate the pubhc on reducing the amount of waste generated, and w~ll work to expand its waste m~mm~zat~on programs The backup matenals ~nclude results of an ~nformat~onal survey taken by Keep Denton Beautiful volunteers at venous public events ~n the Spnng of 2000 The results show that there ~s great ~nterest ~n curbs~de recychng in Denton Most other c~t~es m the Metroplex offer curbs~de recychng as documented ~n the backup materials from the North Central Texas CounCil of Governments Please thoughtfully consider th~s Resolution The addition of curbs~de recychng w~ll elevate Denton's ~mage as a progressive city while promoting sustainable behavior among its citizens Keep Denton BeautifUl, Inc Recychng Resolution Presented to Denton Cily Council December 12, 2000 WHEREAS, Keep Denton Beautiful, Inc through ~ts affihat~on w~th Keep America Beautiful and Keep Texas Beautiful ~s required to focus on decreasing the ~mpaCt of solid waste on the commumty, WHEREAS, the City of Denton wee an early leader ~n the Metroplex by offenng one of the very hrst recycling programs to its c~t~zens ~n 1988, WHEREAS, the other early recycling leader ~n the Metroplex, (R~chardson) began offering curbs~de recycling to its c~t~zens ~n 1993, WHEREAS, the C~ty of Denton Is currently one of rune c~t~es out of 71 North Central Texas c~bes that does not offer curbs~de recychng services to ~ts mtlzens, WHEREAS, the C~ty of Denton has recently decreased ~ts recyci~ng servtces wh~le the Denton population conbnues to ~ncrease (7% from May 1999 to May 2000) · From seven drop-off s~tes for aluminum to s~x drop-off s~tes, · From seven drop-off s~tes for glass to one drop-bff s~te, and · From seven drop-off s~tes for steel/bn to s~x drop-off s~tes, WHEREAS, the C~ty of Denton does not offer plastics or commercial recychng services, WHEREAS, Keep Denton Beautiful, Inc conducted an ~nformat~onai survey of Denton residents' recychng preferences and determined that 96 5% wanted the option of curbs~de recychng offered, WHEREAS, Keep Denton Beautiful, Inc acknowledges andlapplauds the C~ty of Denton's plan to ~mplement a complete recychng program using a Matenals Recovery Fac~hty, currently scheduled to beg~n service ~n 2005, WHEREAS, Keep Denton Beautiful, Inc supports the C~ty of Denton's ~ntention to ~mplement a curbs~de paper recycling program by 2003, and a more comprehens~¥e curbs~de recychng program by 2005, WHEREAS, Keep Denton Beautiful, Inc cannot accept the C~ty of Denton's proposed t~mehne for ~mplementing a curbs~de recychng program, or a complete recychng program utilizing a Materials Recovery Facility, NOW, THEREFORE, Keep Denton Beautiful, Inc respectfully requests that the C~ty of Denton · ~mmed~ately process a Request for Proposal to determine the actual cost of contracting for comprehensive curbside recychng, and commercial paper recychng, · upon receipt of costing ~nformat~on, contract w~th the University of North Texas' Survey Research Center to conduct a spec~fic-~ssue survey to determine the w~lhngness of the c~t~zens of Denton to pay for comprehensive curbs~de recycling services, · determine the best way to finance a comprehensive curbs~de recychng program, · announce a plan to the c~t~zens of Denton by Apn120, 2001 (Earth Day) to ~mplement a comprehensive curbside recychng program, · establish the interim goal of offenng a comprehensive curbs~de recychng program to the c~t~zens of Denton, by December 31,2001, through contracted services as a supplement to the current drop-off program and until the Matenals Recovery Fac~hty ~s fully on-hne, · proceed with plans for a comprehensive curbs~de recycling/waste d~sposal program using a Matenals Recovery Fac~hty w~th every effort to decreaae the t~mel~ne for full ~mplementat~on KEEP DENTON BEAUTIFUL, INC. GOVERNMENT SERVICES COMMITTEE RECYCLING SURVEY SPRING 2000 KEEP DENTON BEAUTIFUL RECYCLING SURVEYi- SPRING 2000 OVERALL RESULTS OF SURVEY Total # of people surveyed = 877 1.) Do you currently recycle? 690 yes 187 no 2.) If you do not currently recycle, would you particlpake if Denton offered curbside pick-up? 182 yes fl no 30 If you do currently recycle, would you prefer to utilize curbslde pick-up recycling? 668 yes 22 no 4.) Which items do you currently recycle? 476 glass tiS0 aluminum 327 tin 607 paper 365 cardbd 3S8 plastic 50 If curbslde pack-up were available, which items would you recycle? 756 glass 768 alumanum 616 tin 801 paper 669 cardbd 774 plastic (other items hsted for recycling included batteries, leaves, iclothes, newspapers, plastic bags, styrofoam) in order of nartlcinatlon 1. paper 801- 2. plastic 774 3. aluminum 768 4. glass 756 5. cardboard 669 6. tin 616 6.) How much per month (added to utility ball) would you be walling to pay for the service? (120) $0 (354) $3 (255)$5 (81) $8 (38) "whatever it takes" (a total of 728 people are wflhng to pay a small fee for the service vs 120 not wanting to pay) KDB RECYCLING SURVE~Y - SPRING 2000 BREAKDOWN OF SURVEYS CONDUCTED (I~DBUD DAY & ROMP / THE GREAT AMERICAN CLEAN-UP / JAZZFEST / EARTH DAY & MISC ) Redbud Day & Romp and The Great American Clean-up (375 total surveyed) 1 ) Do you currently recycle~ 321yes 54no ' 2 ) If no, would you panictpate m curbside p~ck-upP 51yes 3no 3 ) If yes, would you prefer curbside p~ck-up~ 303 yes 18no 4 ) what items do you currently recycle9 228 glass 259 aluminum 183 tin 289 paper 195 cardbd 171 plastics 5 )If curbs~de pick-up were available, what items would you recycle9 314 glass 328aluminum 274 tin 343 paper 293 cardbd 329 plastics 6 ) How much would you be w~lhng to pay for flus service?' (63)$0 (130)$3 (111)$5 (30)$8 (20) "whatever at takes" Jazzfest (366 total surveyed) 1 ) Do you currently recycle* 268 yes 98 no 2 If no, would you part~ctpate m curbs~de pick-up9 97yes lno 3 If yes, would you prefer curbslde p~ck-up? 266yes 2no 4 What items do you currently recycle9 174 glass 206 aluminum 100 tin 231 paper lllcardbd 134 plastics 5 Ifcurbstde p~ck-up were available, what ttems would you recycle? 322 glass 316 aluminum 247 tin 334 paper 266cardbd 322 plastics 6 How much would you be w~lhng to pay for flus service? (39)$0 (170)$3 (91)$5 (41)$8 (17)"whatever it takes" Earth Day (100) + misc. (36) (136 total surveyed) 1 )Do you currently recycle? 101 yes 35 no 2 ) If no, would you participate m curbslde pick-up? 34yes lno 3 ) If yes, would you prefer curbside p~ck-up? 99yes 2no 4 ) What ~tems do you currently recycle? 74 glass 85 aluminum 44 tin 87 paper 59 cardbd 53 plastics 5 ) If curbs~de p~ek-up were avadable, what ~tems would you recycle? 120 glass 124 aluminum 95 tm 124 paper 110 cardbd 123 plastics 6 ) How much woul you be wdhng to pay for th~s serwce? (18)$0 (54)$3 (53)$5 (10)$8 (1)"whatever It takes" KDB RECYCLING SURVE~Y - SPRING 2000 SUMMARY Out of a total of 877 people surveyed, 690 people currently partactpate in some form of recycling and 187 people do not recycle. · Out of 187 people that do not currently recycle, 182 people indicated that they would parttctpate if a curbslde pick-up program were offered (only 5 would not participate). · Out of 690 people who currently recycle, 668 people wonldprefer a curbsade pick-up program (the other 22 people would continue to utilize the drop-off sates) · Out of 877 surveys, a total of 27 people would not prefer to use a curbslde pick-up program (22 of these people already use the drop-off s~tes). · Therefore, out of 877 people surveyed, only $ people andlcated that they would not partactpate in any type of recycling program · Out of 877 people surveyed, 106 people were from outsade the caty of Denton. A total of 40 other towns/caries were represented by these 1061 people. Of these 40 towns, 24 of them already have some form of curbside pack-up recycling program tn plac~ If we subtract 106 (the total # of people from ou~ of town) from the total surveys, there would be 771 people as the basts number for Denton residents. Usang the 27 people who indicated that they would prefer not to utihze ctlrbsade pick-up, the result ts only 3 $% of the people surveyed would not use the curbstde program To further break at down, 22 of those people 27 people would continue to recycle, so using the 5 people who would not recycle at all, the number falls to only 0 648% of all the people surveyed who would not partt¢ipate tn some form of recycling if Denton were to amplement a curbside pack-up program KEEP DENTON BEAUTIFUL RECYCLING SURVEY --- SPRING 2000 1 Do you currently recycle? Yes No 2 If you do not currently recycle, would you participate ~f~ton offered curbslde pink-up recycling? , Yes No/. N/A 3 If you do currently recycle, would you prefer to utll~bslde plck-u~hng? Yes No N/A 4 Which Items do you currently recycle? Glass Aluminum__ Tin__ Paper ~ Cardboard Plastic Other 5 If curbslde pick-up recychng were available, which ite~ns would you recycle? Glass Alum~numI Tin__ Paper ~ Cardboard Plastic Other 6 Would you be willing to pay a small fee for the convemence of curbs~de pIck-up recychng? Yes No I N/A 7 How much per month (added on to the utility bill) w~ou be willing to pay? Up to $3/Month Lip to $5/Month Up to S8/Month Other.__ Name i Phone Address Zip. Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY ~ SPRING 2000 1 DO you currently recycle? Yes__ No 2 If you do not currently recycle, would you participate if ~)enton offered curbslde pick-up recychng? Yes No I N/A 8 If you do currently recycle, would you prefer to utfl~bslde pick-up recycling? Yes No ~ N/A 9 Which items do you currently recycle? Glass__ Aluminum__ T~n__ Paper , Cardboard Plastic Other 10 Ifcarbslde pick-up recycling were available, which Reins would you recycle? Glass Aluminum T~n Paper~4__ Cardboard Plastic Other 11 Would you be wflhng to pay a small fee for the conver~lence of curbsl~ pl'-k-up reci/chng? Yes No I N/A 12 How much per month (added on to the utihty bill) wo~ou be wdhng to pay? Up to $~/Month Up to $5/Month__ ~ Up to $8/Month__ Other Name I Phone Address ! Zip. Adtht~onal Comments CURRENT RECYCLING PROGRAM CITY OF DENTON (effective 9-1-2000) Newspaper 17 drop-off rotes Used oll 6 drop-off sites Aluminum 6 drop-off s~tes Glass (clear, brown, green) 1 drop-off s~te (at the cay landfill) Steel/tm 6 drop-off s~tes Clothing/textiles 9 drop-off s~tes Plastm 0 drop-off s~tes CITY OF DENTON RECYCLING PROGRAM EFFECTIVE 1988 Newspaper 15 drop-off sites Used ml 6 drop-off sites Office paper c~ty offices Aluminum 9 drop-off s~tes Glass (clear, brown, green) 9 drop-off s~tes Steel/tm 9 drop-off s~tes Plastic 0 drop-off s~tes This clearly shows that the City of Denton is going backwards in its recycling efforts since the inception of the program back tn 1988. KEEP DENTON BEAUTIFUL RECYCLING SURVEy - SPRING :2000 Do you currently recycle? yes If no~ lfyou do not currently recycle, would you parhdpate if Denton offered curbside pick-up r~clmg7 ' ' yes~ no . ~a If you do cu~ently r~ycle, would you prefer to uuhze cu~bside p~ck-up r~clms? yes ~ no I ~a W~ch items do you cu~tly r~cle7 Ir cu~s~de plok-u~yo~g were ~v~[e, w~ch ~tem~ould ~ou r~xcle~ glass~ ~u~n~L ~ ~er ~dboar~sUo ~er Would you be ~Hing to pay a amgl f~ for ~he ~nve~en% of ~side pick-up r~ychns9 yes L~ no~ How much per month (~ded on to the utthty bill ) wo~ou be ~hng to pay? up to SS/month up to $$/mont~ ~p to $8/month other Additmn~ Co~ts ~ ~ '~ ~EP DENTON ~EAUTI~L RECYCL~G S~y- SPRING 2000 Do you c~ently recycle? yo~ Iryou do not ~en~y r~lo, would ~p~iclpate ff~on offer~ c~b~ido p~ck-up r~chngV If you do ~ffmtly r~c[e, would you profer to utdl~ ~bs~de p~ok-up r~chng? yes no , ~a ~ch ,terns do you cu.ently r~ycle? g{~ 8u~num tm pa~r c~dbo~d pl~lc other If ~rbs, de p.tck~p r~ychng were ~vmlable, which ~t~s Would you r~cleV ~.. ~u~ fin / pa~r~ ~dbo~d ~. pl~tsc w other .. Would you be ~llm8 to pay a sm~l f~e/or the ~nv~ of ~s~de pick-up r~chng? ' yes V no ; ~a . . How much ~r month (ad~ on to ~e utili~ bdl ) wo~d,~ou be ~ng to pay? up to $3/mont~ up to $5/mont~ UP to $8/month other Addr~s I Z~p Ad&tmnM Co~ents KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. ~ no 2 If you do not currently, recycle, would you parhc~pato if Denton off~red curbslde pick-up yes.. no n/a 3 lfyoudocurrentlyrecycle, wouldy~u?/~e[ert/outihzecurbsldepick.upre~ychngO yes L/~/~.- no fda. 4 Which items do you currently recycle? glass, aluminum tin, paper cardboard pla,stio.., other 5 If curbside p~k-up~r.~ychng were ~allable, which items would vour. ecyc~ glass v aluminum '-'~m.. C-~aper ~-~cardboa[d.... ~-~plastl ~o.~--~other 6 Would you be wlhng to pay a small fee for th~x~nvemence ofcurbsido pick-up recychn8'~ yes I / no, n/a 7 How much per month (added o/n to the utility bill ) ~youl~4~u be willing to pay? up to $3/month ~ up to $5/month ..7- up to $8/month , other Address. ~v.'a,-I ~ {~OC:(> ~ ~. L~ ~ Zip ,'y,~ ~ O ~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes no. 2 If you do not currently recycle, would y..9u participate ifD~n~on offared curbalde pick-up recychng? yes ~ no. 3 If you do currently recycle, would you prefer to utihze curbside pick-up ~oychn8? yes_,, riO ~./a,, ~ 4 W'mch items do you currently recycle~ glass aluminum.., tin paper cardboard plastic other.. 5 Ifcurb$~de pack-up recycling were av0alable, which Items would you recycle'~ glass . aluminum tm paper cardboard plastic other... 6 Would you be valhng to pay a small fee f~the convtnaienc~ ofcutbslde p~k-up re~chng? yes ~ no... 7 How much per month (addgd on ~o the utflay hll ) would you be willing to up to $3/month... t~ up to $5/mo, nt~ up to $8/mon~h. - - other. Adchtlonal Comments KEEP DENTON BEAU+IFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes ~ ~/ No 2 Il'you do nol currently recycle, would you pamc~pate ffDenton offered curbslde p~ck-up recycling? Yes No N/A 3 If you do currently recycle, would you prjffer to utilize curb~ide pick-up recycling? Yes I..1, ~. No [ N/A 4 Wluchlltems do. you currently rec.~cle? / /- I O ass ~ Aluminum ~ Tin V~' Paper I/ Cardboard / Plastic 5 Ircurb's~de p~ck-~ recychns were ava~able,~hmh ~tems~uld you r~cycl~? OldS, ~Alummum~m ~Paper ~ardboard ~Plast,c ~Other 6 Would you be wllhng to pay a small fee~or the convemence' of curbs~de pink-up recychng? , Yes ~ No ~' N/A ? How much per month (ad~ed on to the utd~ty bdl) would you be wdlmg to pay? Up ~o $3/Month ~ Up to $5/Montb , U~ to $8/Month Other~ Address JW~ %r~ ~ Z~p: RECYCLING 8URVgY - SP~NG 2000 I Doyoulcurrenfl~re~cle? Yes / 2 lryou do not currenll~ FeBycJe, would you pa~lClpaJe ff Dent0n offered curbssde pick-up rec~Jlllg~ Yes No I N/A 8 If you do currently recycle, would you pre[er JO UtiliZe cur~jlde p~ck-up recychng? Yes / No ' N/A 9 Which items do you cu~ently recycJe? __ GJass /Aluminum' / Tin ~ Paper / Cardboard. ~ Pl~tlc Othe~ 10 lfcurbs~de p~ck-up recychng wer~ avmlable, wluch ~tem~ would ~ou recyc~? Glass / Aluminum / Tm / Paper / Cardboard II Would you be Wdhng to pa~ ~11 fe~e convenmnc~ of curbs~de p,ck-up rec~? I Yes / No / N/A 12 Flow much per month (ad~ded on to the ulfi~ly bdl) would you be wdhng to pay? U~ to $3/Month / Up to $5/Montb Up to $8/Month Other Addmonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY-SPRING 2000 1 Do you currently recycle? yes ~ no. 2 If you do not currently, recycle, would yo~uarticupate if Denton offered curbs,de pick-up yes. ,~ no. n/a.. 3 If'you do currently recycle, would you p.~refer to utd,ze curbmde pick-up recychng9 yes. ~" no n/a, 4 Wtach items do you currently.~.cle? _ ~ 8, Iass.~'~. alununum_~._ tin "'"/paper/cardboard ~ $ If curbm,de pick-up r. ecychng we? avHable~wluch items would y~'u recy' cle'~ '"'~ ...... glass c ,---- aluminum ~{in "'-'-paper ~ardboard ,'"'ulast, _o~ o " 6 Would you be vailing to pay a amall fee for the convemence of curbmd~ pick-up recychns? yes ,,,~ no .... n/a.. 7 How much per month (added on to the utility bill ) would you be wdlmg to pay? up to $3/month up to $5/month up to $8/month ~ other, d~'~ Name ~-~,~ ~7-'~-- Phone, Address ~q [q W '~7c_.%~og~:"'~/ ~J~t 'T';<- Zip ~"~O / Additional Comments c~&% fOg ~a~cyCc~-~ ..~l.~,-A At..g~A~ ~_c'f- KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes, no / 2 If you do not currently recycle, would ~ou participate if Denton offered curbmde pick-up recycllns? yes v no. n/0, 3 If you do currently recycle, would you prefer to uUhze curbmde pick-up recycling? yes_, no.. n/a.. 4 Wrath items do you currently recycle9 glass alurmnum.., tm.. paper cardboard ,, plastic, other~ 5 Ifcurbmde pick-up recycling wer~ avmlable, which items would you recycle0 glass ~/'alurranum,, t/tm / paper / cardboard,, t/- plastic, ~ other,, 6 Would you be vailing to pay a small fee for the conve~,'e~/ce orcu~side pick-up recychn8? yes no,. v n/a ? How much per month (added on to the utility bdl ) would you be wilhng to pay? up to $3/montll up to SS/month up to $8/month, other.. Address' ~ ~ Sev~ 0,Nat, ~v ~ Z,p. ~7(o ~ 05 Adchtlonal Comments KEEP DENTON BEAI~TIFUL RECYCLING SURVEY - S~RING 2000 / Do yeti currently recycle? Yes ~'' No.__ Il'you do uot currently recycle, would you participate ff Denton offered curbsMe pick-up recychng? Yes No N/A Ifyou do currently recycle, would yes,prefer to utilize cur~s~de plck-up recychng? Yes. ~ No , N/A Wh,ch ,terns do you currently recycle? \/ .-""YXP--V,) <J~ f)4~C'V! Glass Aluminum '1 In Paper/xx Cardboard ~ Plast,c Othter Ir curbside p'-~-up recycling w'"~ avmlab[e, which itel~s ~ould you rec~? Glass~ Aluminum ~ Tm .)( Paper ,.,~Cardboard .~Plastsc ..~ Other Would you be' ' wdhng to pay a small f~5 for the convemen~ ofcurbside p~ck-up recychng? Yes~ No [ N/A I Iow much per month (added on to the ut,hty bill) wo--'~"d y~u be wdhn~-~'~ ~'~y? Up to $3/Month Up to SS/Mouth Lip to $8/Month bX. Other s z,p; KEEP DENTON BEAUTIFUL RECYCLING SURVEY - S~RING 2000 Do you currently recycle? Yes No h~ Il'you do not currently recycle, would y. ou parhc~pate ff Dent~)n offered curbslde pick-up recychng? Yes.~... No ' N/A 8 I f you do currently recycle, would ydu i~reter to utihz'~urbs~de p,ck-up r~hng? ~t~ Yes No N/A ~ Which items do you currently recycle? -- I ~,~, Glass~.~ Alummum...----~TInL . Paper--- .1Gardboard Plasts~; Z~ Other. 10 Ifcurbside pick-up recychng w~re available, wMch ~tems Would you recycle? Glass Aluminum X T~n Paper_...~ [Cardboard Plastic Other Would you be willing to pay a sn~all ~f~e for'~'-~i~e conve~nc~ ol'curbslde psc-----k-up recychn~? Yes .tx. No N/A Flow much per month,(a, dded on to the utd~ty bdl) would you be wdhng to pay? Up to $3/Month_7~ Up to $5/Month /~. Lip to $8/Month Other Add~t~oual Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes {)///" No 2 If you do not currently recycle, woul'd you participate If Denton of~'ercd curbs~de p~ck-up rccychng? Ycs No N/A 3 If you do curreutly recycle, would ~'ou prefer to utd~ze curbs~de p~ck-u~hng? Yes ti Wh ~ch Itcm~..~you currently .recyCle? No N/A Glass Aluminum C...'"~ T,n /"/P~per. ~'Qar"'~d board Plast,c 5 lfcurbs~de pink-up recychngwere avali~ble, which items would you r~cy.cle? - 6 Glass. ~'...-.-'~Alummum~ Tm ~'"~Paper. /---Cardboard /----~'Plast~....~-~Other___. Would you be wflhng to pay a small fee focthe convenience of curbsl~te p~ck-up rec~chng? Yes__~--'~- No N/A 7 }low much per month (added on to tile utlhty bill) g;oul~you be wflhn~ to P~,y? Up to $3/Month Up to $5/Month ~ Up to $8/Month Other. KEEP DENTON BEAUTIFUL RECYCLING SuRvEY - SPRING 2000 1 Do you currently r~oyole? yes ~ no~___ ~ 2 If you dolnot currently, recycle, would~ou vartiolpateffDenton off~r~ ourbslde pick-up yes ~3/t~t/~ no I n/a ..... :3 If you do,currently recycle, would you prefer to~utfl~ze[curbside pick-up reeychng~ yes/~ no~ n/a 4 Which items do you currently recycle? glass ,, aluminum tm pape, r~cardboard plastic ~other 5 If curbside pick-pp recycling wow availa~e, which ltejlas would you re~cle'~ glassl//, alununum_~ lm._~_~ papar_~~' ~cardb°~ardw'-~ 6 Would you be wllhng to pay a small f~r~the convenience et curosia0 pic~-up recycun$-/ yes//l/v/ , no_..___. ,~,.a ? How much per month (added on to the utility bill ) wo01d you be willing to pay? up to $3/month up to $5/month...__ , up to $8/montll ~ .. other Name , Phone Address(/ k/ /~0~~O[;~/'t~t'~ ~,~c , ,.Zip ."?~ /--c~'~/~'-~ KEEP DENTON BEAUTIFUL RECYCLING SUR ~VEY - SPRING 2000 I Do you currently recycle? yes no do not currently recycle, woul4 y~ participatellf Detach offered curbside pick-up recychng~ 2 l~you ye~ no , , , n/a , 3 If you do currently recycle, would you prefer to utlhz~ curbside pick-up r~clm8? yes , no n/a~ 4 Which ~tems do you currently recycle? glass aluminum tin paper .~ cardboard ... plastic other 5 If curbs]de pick-up rooyclinKvtere available, which items would you recycle glas~...~ alummum,~?_.-, on .. papec, l cardboard ;. plastif.~e_ other 6 Would yOu b~alhng to pa~a small fp.~pr the convenience of curbslde pick:up r~eoychng? yet~o~uu ~' no, ~ ,, 7 How much per month (a~ded on to bill ) ~ ~'3-ou be valhng to pay? up to $3/montll~.,~_ up to $5/month_ up to $8/month other Additional Comments KEEP DENTON BEAUTIFUL ~/~ RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes L/ no____ 2 If you do not cu~entl~r~yde, would you p~t~pate ffDonton off~ ~rbs~de pick-up yes. no ~a 3 If you do cu~ently recycle, would yes,refer to utlhze curbslde pick-up r~ychng9 yes. v no, 4 W~ch items do you currently r~ycle? gl~s. , ~u~nu~,, tm paper ~ ~dbo~d.. pl~tlo. ~ other. 5 If c~s~de pick-up r~ycMg were avagable, wMch items would you recycle9 glass ~u~n~ tm paper ~ caMbo~d.., pl~t~o ~ other 6 Wo~d you be ~lhng to pay a smut f~ f~ the convoMonce ofcu~s~dO p~ok-up r~chngO yes. ~ no. ~a, 7 How much per month (~ded on to ~e utd~ty bill ) ~ould y~u be ~lmg to pay? / up to $3/month. up to $5/month ~ up to $8/month ~ other ~ Address ~ ~. ~ ~{I ~r~ Zip ~{~t KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes no 2 If you do not currently recycle, would you participate if Denton offered curbside pick-up recyohng'~ yes no n/a i,,/ 3 If you do currently recycle, would you prefer to utilize curbslde pick-up re~'~dmg? yes. no n/a 4 Winch Items do you currently recycle9 glass aluminum.., tm. paper cardboard__ plast,¢ other .... 5 Ifcurbslde pick-up recycling were avmlable, which items would you recycle9. glass aluminum ,ri.. paper ~ cardboard plastic 6 Would you be walling to pay a small fee for the convenience of curbside pick-up re~yohng? yea / no.. 7 How much per month (added on to the utility bdl ) would you be willing to pay7 up to $3/montk up to $5/momh up to $8/month other Name ~('~_/~,e_ I~)Ofe,oo Phone Address. Zip Adohttonal Comments RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes '~ no_.__~ 2 If you do not currently recycle, would you participate if D~mton offered curbslde pick-up recycling yes no I n/a . 3 If you do currently recycle, would you prefer to utilize cur!side p~ck-up recycling? ~ yes ',,/ no ~ n/a 4 Wluch items do you cu .nently recy.c, le? glasst_/ alununum..~_.~ tm ~,-'paper cardboard plastlc%~"'other ' 9 5 Ifcurbs~de pick-up recychng were a. va~lable, which items Would you recycle 81ass!,-- aluminum~''' tin '-l~aper v cardboard '--"'plastic -~"~other -- 6 Would you be w~lhng to pay s small fee for the convemenCe ofeu~side pick-up recychng? yes ~ no.__~ n/a 7 How much per month (added on to the utility bill ) would ,you be wilhng to pay? up to $3/montk up to SS/month ~ up to $8/month other Address ,c',~,~l~ <~ ~r~x'~._O. Do<_ i . Zip ~ .~0 AdditionalComments 'L-rW¢ Ifved I~ c'~nf~ Sw-,oe- }~gO/'4- KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Doyou currently recycle? Yes No /~ 2 If you do not currently recycle, would you participate ~f ~D..,enton offered curbs~de pink-up recychng? Yes No ..d~ N/A 3 If you do currently recycle, would you prefer to utd~ze ~arbs~de p~ck-up recychng? Yes No /~, N/A 4 Winch ~tems do you currently recycle? ' ' Glass Aluminum Tm Paper Cardboard P as lc Other 5 Ifcurbs~de p~ck-up recychng were avmlable,'wh~ch items would you recycle? ' Glass Aluminum__ Tm Paper Cardboard Plastic Other. 6 Would you be wflhng to pay a small fee for t~he convemence ofcurbslde p~ck-up recychng? Yes No ,~' N/A__ 7 How much per month (added GU to Ihe uhhty bdl) would you be wdhng to pay? to $3/Month. Up to $5/Month Up to $8/Month. Other ~ © Add~l~onal Comments KEEl' DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Doyou currently recycle? Yes_~ No 2 If you do not currently recycle, would you parhmpate ff Denton offered curba~de pink~up recychng? Yes No N/A 8 Ifyou do currently recycle, would you prefer to utilize curbs~de p~ck-up recychng? Yes.q~'/ No N/A 9 Whmh items do4,ou currently r.oe~cle? ~. ~ ~ ' ~ Glass~'Alum,num'~' Tin--Paper ~Cardboard ~Plast,c ~Other I0 Ircurbs~de 6~c~p recychng~avaflab[e~wluch ~tems would you recycle? Glassl~ ~um,num~ Tm~ Paper~ Cardboard ~ Plast,c ,~Other I 1 Would you be wflhng to pay a small re,for the convemence ofeurbs~de pink-up recyehng? Yes ~ No N/A 12 How much per moulh (added on ~o the utd~ty bdl) wfiuld you be wdhng to pay? Up to $3/Month Up to $5/Month ~ Up to $8/Month. Other. / Add~houal Comm~nB KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~ no .~_77L__- 2 If you do not currently recycle, would you partteipate~D~ton offered curbmde pick-up recycling7 · yes no~. tva 3 If you do currently recycle, would you p,r. ofer to utihz~cur~;ide pink-up recyclsngV yes.~__ no , tva 4 Wluch items,do you currently rely. cie? ' - , glass ~ alununum~ tm paper._,~, ca~dboardz~, plastic other 5 If curbmde p~c~-up recycling Fete avaqa~)le, whi~j~ms v~ould ~'ou.'rgc'ycle? glass~, alununum.,~, tin_~ paper..~ .ca~Tdb°ard-.--~ plastm ,K other 6 Would you'be ~iHmg to pay a small fe~ for the convemenoe of cuffomdo ptok-up recychng? yes no._.__._ tVa 7 How much per month (added on to the utility bill ),wf~uld you be wilhn$ to pay? up to.$3/month up to $$/month_~. UP to $8/month other Name _ . . . / _ Address ?.~ 24~ ./)1. r~t,.ff~l-~ ,.. J, Zsp~ -' KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes. V/~ no 2 If you do not currently, recycle, would yo~partl~pate if Denton offered curbslde pick-up recycling7 yes.. i / no, , tva 3 If you do currently recycle, would yo p/r, efer to utlhze curbslde pick-up recychng? yes ~ no tva glass t/alununum t/ tm._~_ paper 5 Ifcurbs~de pzckgup recycling werg, availa, bl~' which ilems would you rec.v¢leV . glass ,~' alurmnum ~ tm._~, paper ~/ cardboard..L,/'~plastlo. ~ther.. 6 Would you be wflhng to pay a small fee f~ the convenience ofcurbsid0 pick-up recychng? yes.,, ,1_/ no,, tVa 7 How much per month.(added on to the utdity bill ) w~uld you be willing to pay? up to $3/month,,, up to $5/month, I// up to $8/month other Address '~ o ~, .r'Joc-~ct.~..~ Zip "~0~_'"~ } Addmonal Comments KEEP DENTON BEAUTIFUL "~ RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes _e~ , no-e----. 2 If you do not currently recycle, would you participate ffDenton off, red curbstde pick-up recycling? yes no i n/a :3 If you de currently recycle, would you prsfer to uUhzelcurbs~de pick-up recyclingv yes ~ no, n/a, 4 Which items do. you currently recycle? l glass_,~, aluminum~ tan paper_., cardboard plastic other 5 If curbstde pick-up recycling were available, wl~ch items would you recycle0 . glass xL aluminum )~ tm 'q paper,'7( lcardboard,x-/' plastac)~ other 6 Would you be willing to pay a'small fa for the convergence of curbsld~ pick-up recychn$? yes y no~ 7 How much per month (added on to the utility bill ) world you be willing to pay? up to $3/month up to $5/month , up to $8/month .X. other Name ~tafi"7',~,O ~"Y/n/~"Y- I Phone Address ! ~ o,T' txAk"V.g, ro~ .Zip Additional Comments KEEP DENTOM BEAUTIYUL REcYcLING SIJRVE~/~JiING 2000 1 Do you ourrently recycle? y~ no .; ~ 2 If you do not currently recycle, would yg~arhoipato RDenton offered curbside pick-up r~chng9 yes /" no ~.[ n/a 3 If you do currently recycle, would you prefer to utillz~ curbslde pick-up reoyol~lg? yes no .I n/a ~ 4 Wtuch items do you currently recycle? , glass aluminum .~ tin paper .. ~cardboard .. plastic other~ 5 IfcurbsMepiok-ul}-recyclingwere~...~..v.. ailable, which ltems would you recycle'~ / glass.//alummu~tin.__ paper._._ i cardboard .... plastl~ other .. 6 Would you be v~lhng to pay a small fee for~,tl~%onveiti, ~n~.ffi, r'~grbside pick-up recyohng? yes~ no.~./.~ n/s .... 9' How m~oh per month (added~to the utility bill ) would'yeu b.e.wilh~g to pay? up to $3/month,.,~~ up to $5/month , up to $8/month ..... other_...~ Addmonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Yes t*''**/ No If you do not currently recycle, wouJ~"~oarhc~patc ff Denton offered curbslde p~ck-up recychng? Yes No N/A ffyou do currently recycle, would Y-~u p~efer to utd~ze eurbs~da pmk-ut~ recyehng? Yes No N/A.. Which ~tems do you currently recycle? Glass Aluminum Tin Paper '"'"~"' Card board Plastic Ifcurbs~de p~ck;j~p recychn~ w,.~r~aliable,~dl~ch trains wo~tld you r~cycle?~- - Otl~er Gla~s t,/ Aluminum Tm ~ Paper ~ardboard '"'~Plashc. '~'-Other.. Would you be wdhng to pay"a small f.**e~* for the convemence ofcurbs~cle p~ck-up recychng? g Yes ~ No N/A How much per month (added on to'file uid~ty bdo would you be wdhng to pa,.~2.- ]~to $3/Momh Up to SS/Month Up to $8/Month , e,_ - . _ Other Add~tmnul Comments KEEl' DENTON BEAUTIFUL RECYCLING SUBVEY - SPRING 2000 I Doyou currently recycle? Yes ~ No 2 Ifyou do not currently recycle, would you parttc~pate ff Denton offered curbslde pick-up recychng? Yes No N/A 8 Ifyou do currently recycle, would ~,.ou pr.~-n' to utlhze curbslde plck-ul~'~'ecychng? Yes ~ No N/A 9 Which ~em~ do you cu~enUy recite? .... Glass ~ Aluminum ~rm Pape~ ~Cardboard Plashc O~her 10 I~curbs~de ~p recychng were available whmh ~tems would you ~e'cycle? - ' Gla~s. _ Aluminum ~Tm ~Pape~ ~ Cardboard I I Would you be wdhng to pay a small f~e convemence orcurbst~'e'p~ck-up rec~hng? ' Yes No N/A ]2 How much per month (added on to'{he utd~ty bdl) ~0uld you be w~lhng to pa~ Up to $3/Monlh Up to $5/Monlh Up to S8/Month ~ Other Add,l,oaalComments ~~ ~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you c~rrently recycle? yes?_~__ no_.___ 2 If you da not currently recycle, would you partic~pate,IfDenton offered curbslde pick-up recycling7 · no yes n/a 3 If you do currently recycle, would you prefer to utihzelcurbside pick-up recycling yes no..T.___ 4 Wluch items do you currently recycle? glass aluminum tin paper.__~', cardboard , plastic ~" other 5 If curbs~de pick-up recychn8 were available, wluch items would you recycle sloss . alununum ~/ tm paper ..... [cardboard v/ plastic other 6 Would you bo willing to pay a small fee for the convenience of curbsid~ pick-up recychng? yes no 7 How much per month (added on to the ufihty bill ) we l-~you be wllhng to pay? up to $3/month ,~' up to $5/month up to $8/month other Address 3~ ~c...,¢.~.~,.,¢~ ~"t'- ~1'~ ; Zip '~'2.-~/ Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes no , 2 Ir'you do not currently recycle, woul. d~tou partmipate.ffDenton offered curbside pick-up recychng ~.yes '~ no_.____ n/a 3 if you do' currently recycle, wo~ld you ~r' efer to uuh~ze, curbside pick-up recycling? __ 4 Whch items do. you currently r~ycle4~ tq ,~ v~ ~---~ glass._~ alurmnum..,~ tm..~ paper ..,~'-i:ardboard_~/"~ pla~o ~,~ other 5 If curbslde pi~,k-up recycling wl~re avatl~le, which)te~s would yos~ ~yc.l ..~-~ ~lass~/,. alummun~_, tin .~ paper._~ 'cm'dboard._~,. pl~tic..~ other/~,l' .... . hn ? 6 Would you b~ willing to pay a small fee for the conv~ence ofcmbslde plok up recyc g e~ yes_,~_ no ~ ._r=_' n/s mu0h per month (added on to lite utility bdl ) w0ifld you be wdhng to pay? How up to $3/month~ up to $5/montll up to S8/month other Name Phone Address Z~p KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes. no 2 If you do not currently recycle, would you parhdpate if Denton offered curbslde pick-up recydm8? yes no n/a 3 ifyou do currently recycle, would you p~fer to utilize curbslde pick-up recyehng9 yes., no n/a____. 4 Wluch items do you currently recycle? glass ~? alununum, ~t~n L/ paper ~ cardboard ~plastlo. other.. 5 Ifcurbslde plckTup recyclmg were avaiiable, wluch items would you r ~e~ycle? glass ~,/ alununum.k/ tan ~/ paper v/ cardboard.. ~ plastio..~ 6 Would you be vnHmg to pay a small fee f/or the convenience ofcurbsld0 pick-up recycling? yes v no .... n/a, 7 How much per month (ad. de, d on to the utility bill ) would you be willing to pay? up to $3/month V up to $5/month up to $8/month.. other Name... ,~)(~ ~'l~,~ ~r-C~ Phone. Address Zip KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 I Do you currently recycle? yes 2 If you do not currently recycle, would~ y~ participate if Denton offered curbslde pick-up recychng? yes. *' no n/a. 3 If you do currently recycle, would you prefer to utilize eurbslde pick-up recycling? yes. no n/a. 4 Wluch items do you currently recycle? glass, aluminum tin. paper cardboard plastic, other 5 If curbs,de pick-up recycling were avmlable, which items would you recycleV ' ,. 8{ass alununum t~ Eaper~ cardb~oard.;_7 plastic other.. WOUK~ you be wflhng to pay a small fee f~the convem~:0f cur'oslde pick-up recychng? yes v no ~ .~.,a, 7 How much per mon, h (adfle~on to the utlhty bill) would you be wdli~g tO pal ufl,.~o $~3/month~,~ up to $5/month up to SS/month other, Additional Comments /~ ~. 0~,L KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes ,..___ 2 If you do ,not currently recycle, would you partmpate~ifDenton offered eurbside pick-up recycling? yes 3 If you do ,currently recycle, would you prefer to utfllZelcurbs~de pick-up recychngO l 4 Which items do you currently r~ycle? glass alununum tm paper , cardboard plastic other 5 If curbside pick-up recycling were available, wluch items would you recycle~ glass alununum ~""'tm paper ,/ ,I cardboard plastic other 6 Would you be wilhng to pay a small fee for the convenience of curbsido pick-up recycling? yes ~/ no .I n/a ? How much per month (ad~d on to the utility bill ) would you be vailing to pay? up to $3/month ~/ up to SS/month___ , up to SS/month ~ other Address ~11!, /X/ ~( ~F4/~ , Zip Addmonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes. ,~ no , :2 Ir'you do not currently recycle, would you participate if Denton offered c~b...~side pick-up reeychn8 n/a yes no..____ 3 If you do currently recycle, would you pr~f~_to utilize Icurbs:de pick-up recychng? yes c'~ noi n/a 4 Which items do you curreofly recycle9 glass, aluminum , tm paper~--'~cc~dboard plastic other 5 If curbsld0 pwk-up recyclmg were available, which items would you recycle9 81ass ~"'alummum ~t~n paper ~'cardboard, , plastic x.-~other 6 Would you be willing to pay a small fee for the convenience of curbslde pick-up recychng? yes ~ , no...__._ ,n/a ,, 7 How much per month (adde~on to the utility bill ) wotild you be wflhng to pay? up ~o $3/month ~ up to $5/month up to $8/month other AdchtionalComments ~G xlo9~2.. (A~t~htzCO'~ C.,-x)'FU~{L,cc,' "{Ox) ~-~'L~ ~Jo~v)& KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes ,.~ No 2 Ifyou do not currently recycle, woul~ you participate ff Denton offered curbslde p~ck-up recychng? Yes ~<~ No N/A 3 If you do currently recycle, would you prefer to utdlze curbs~de p~ck-up-'recychng? Yes No N/A 4 Which flems do you currently recycle? Glass. ~ Alummum~ T~n Paper~ Cardboard Plastic Other 5 I~curbs~de p~ck-up recychng were available, which flems would you r~yc e? ..... Glass ~ Aluminum ~ Tn~ Paper ~ Cardboard~ Plastic ~ Ot 6 Would you be wflhng to pay a small fee for the convemence ofcurbs~de~k-up rec~h~g? Ye~ No N/A 7 Itow much per month (added on to the u~fl~ty bdl) would you be wdhn~'to pay7 Up to $3/Month~ Up to $5/Month~ Up to $8/Month .... Other.. KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~/ no , 2 If you do not currently recycle, would you parttcipate if~enton offered curb/side pick-up recyclms? ' yes no~ n/a 3 If you do currently recycle, would you ~efer to ufihze cfi~'bside pick-up recychn8? yes ~ ~!tno , n/a 4 Which items do you cu .rrently rqcycle? ' glass ~ alununum'~ tm ~ paper_.._~ cardboard ~ plastic ~ other 5 [f curbs~de pick-up recyc~8 were available, wiuch 1terns would you recycle? glass ~/~ ~luminmu ~ tin ~paper.__~ cardboard i,/ plastic ~other... 6 Would you be wiHm8 to pay a sm~ll fee$or the convenience ofcurbs~do pick-up recychn8? t ves V' o / nlm 7 How much per month (~:1 on to the utihty bill) would you be wJJlm8 t° pay? r._~ ~'~'~'~ up to $3/month up to $5/month ~p to $8/montlt othe Name '"-'~7 C_~,-~S~),O,I~/~ c~c7c1'~3 Address ~'~ ~ ,ff~ Phone tV~- yy/-/v~/ Additionsl Commeats KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? ye~/~ . no~ 2 lfyou do not currently recycle, would you parhc~pate if Denton offered curbstde pick-up reeychng? yes no n/a 3 lfyou do currently recycle, would you prefer to utdlze curbsMe p~ck-up recychng? yes, no ~ n/a, 4 Wl~ch stemsldo you currently recycle? ~' glass.~ alun~num ~; tin ~ paper ~. cardboard )~ plashc ~ other~ b 5 lgcurbs~de pick-up recychng were available, which items Would you recycle~ glass,~, aluminum~, tlrt~ paper× caMboardY~ plastlc)~ other 6 Would you be wilhng to pay a small fee for the convenience of curbside pick-up recycling? yes ~ no ~ n/a 7 How much per month (added on to the utility bill ) would you be willing to pay? up to,$3/month up to $5/month × UP to $8/month other.. Address ~o0~- .T~ (3.~,~,. , Z,p .) Adcht~onal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~<~ no 2 If you do not currently recycle, would you participate ii'Denton offered .c~Fbside pick-up recycling? yes no n/a 3 If you do currently recycle, would you ~.efer to utilize curbs~de pick-up recycling? yes.. /'- no tva 4 Wluch items ~d,o you currently r/ecycle~/. . ,- ' ,. ~ ~ ~las~../Y~. alun~num.~ tm.~ papei'~ cardboar~ plashc~.' other__ 5 If curbs~de pick-up recychng w~r¢ ?.iu/lable, whii~h items would );ou recycle?. 81ass~._ alummum..~ tin~ paper)4 cardboard.~, plaslic/X other 6 Would you be wflhng to pay a small f,e~.for the ctonvemen~ ofcurbside pick-up reoychng? yes_)!~__ no 7 How much per month (added on to tlte utihty bdl ) would you be vnlhng to.pa~ up to $3/month up to SS/month , up to $8/month_/z~. other Address "2 ~-"/~ ~""e'-Sk:~'~'s ~ Zap ~L~ ~F-- Additional Comments KEEP DENTON BEAUTIFUL RECYCLIN/G SURVEY - SPRING 2000 ./ 1 Do you currently recycle? yes -- no,~ 2 If you dO not currently recycle, wouid you participate[if Denton offered curb/side pick-up recycling? · nO [ n/a ~ yes 3 If you do currently recycle, would you prefer to utilize curb. s~s~de pxck-up recychngV yes. no, v/~ n/a I 4 Whch items do~v6u cu.rrently r~y~.le?/ /, ~ '~other ~lass._~ alun~num..~ tm_.~ paper ,~ cardboazd pl~tie 5 If curbside pick-up recycling were available, wlueh items would you recycle glass aluminum tin paper ~1 cardboard . plastic other 6 Would you be willing to pay a small fee for the convenience of curbsid~ pic~p recychng? yes riel n/a ~ ? How much per month (adde~on to the utility bill ) would you be wilhng to pay? Up to $3/month ~/~ u.~ to $5/month . up to $8/month 1 other Addr%'~;~ ~-,~a~-Ier l~f,~,,~r Zip '--~-g~ Additional Comme0ts KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~ no .~ 2 If you do not currently recycle, would you participate ffDenton offered curb~side pick-up recychng~ yes no, n/a ~ 3 If you do currently recycle, would you .prefer to ut~hze curbs~de pick-up recycling? ~. yes ~ no n/a 4 Winch items do you currently recycle? glass L~'alununu~ tm ~'~aper~ cardboard {.~plashc L/other/ 5 Ifcurbslde pwk-up~i;ecycllng were available, which items would you recycle~ glass [~/'~alummum_._~.~tm ~paper~ cardboard_L~plestic I/otherl// 6 Would you be vailing to pay a small fee for the conve~3ience of curbside pick-up reeycan~? yes no_.l~ ,~.a ? How much per month (added on to the utility bill ) wolald you be valhng to pay? up to $3/montk.. up to $~/montll up to $8/month other Address I~c~.~ )~i~6~ ~bO i .. Zip <]-(o~0{ ,' KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes__ ~/ no 2 If you do not currently recycle, would you parttoipate if Denton offered curbslde pick-up recycling? yes_ no .... n/a 3 If you do currently recycle, would you p~fer to utlhze curbside pick-up teeycling? yes. no.,, 4 Which items do~ou cu .rreufly recycle? glass.__~ alununum_~ t n. v/paper ~/ cardboard '~ plastic ~/ other.. 5 [fcurbslde plck-.up recycling were available, wluch ~t~ms would you recycle? glass '/ alununum '/tin ¢" paper ~ cardboard._._~ plastic_ 6 Would you be w~Umg to pay a small fee for the convenience ofcurbs~do pick-up recycling? yes v"' no, 7 How much per month (added on to the utility bill ) w~ould you be willing to pay? up to $3/month.,, up to SS/month ~ up to $8/month, other.,, Phone. 7f, Z- ~6o Address, ~- o ~r ~.~,> v- / S"/, Zip AddltionalComments .~ ~-~-(~ ~.~.~-.~<~---~ 't--~-c..~,.,l~.,~ DENTON KEEP BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes ~ no ~i 2 If you dO not currently recycle, would y. ou partto~patel~fDenton offered curbside pick-up recycling? 3 I f you d0 currently reoycle, would yo.u~,prefer to utihz~ curbside pick-up recychng? yes ~x~ no i Wa 4 Wtuch items dp you currently r_ooy~.le? __ . ~ , / glass~<~ alummum~ t,n,~_ paper_~.icardboard~, plastio/~N other. 5 If curbsidc pi~cl~-up reey. oling w~ere available, which items would you, r~oycle? . / 81ass.~' .alummun~_ tin .%, paper~., ~,.cardboard.,._~ plastio>c~ other 6 Would you be vnllm$ to pay a smaller%for the conveMence of curbsidc pick-up re~ychn8? ? How much per month (added on to the utility bill ) wo)?ld you be wilhng to pay? up to Sa/month .~ up to Si/month ' up to SS/month , other Additional Commeots KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? yes ,~/ no__.___ Ii'you do not currently resyole, would y. gu partloipateffDenton offered ctubside pick-up recycling9 If you do currently recycle, would your'clef to uuhze curbsMe pick-up recychns? yes Which Items do/you currently r~ycle?/ glass v' alun'unum r~ tm_~ paper_._~ [ cardboard __ If curbsMe piok-~p reoyclm~ we~ availablo, which items would you recycleV Would you be valhng to pay a small fee for the conve~enco of curbslde pick-up reoy~ng? How mu0h per month (added on to the utility bill ~ w/oUld you be vnlhng to pay? up to $3/month up to $5/month,.l~.% ] up to $8/month other KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes. ~/ no 2 lfyou do not currently recycle, would, yo/u participate if De'on offered curbstde pick-up recycl,ng9 yes 3 Ifyou do currently recycle, would you p~fer to utlhze curb,qde pick-up recTchn$? ye~ no, ,, n/a.. 4 Wluch Items do you currently ~ecycle? g, la,~ alurmnum, g~' tm. paper L~ cardboard .... plastic d other__ 5 ffcurbs,de p~ck-up recychn8 wc~.e a. vaiJable, which items would you.recycle? 81ass. V" aluminum..., tm, f/l~aper g'/cardboar~L'/~ plaatlc. ~'~'other... 6 Would you be wlhng to pay a small fee [or the convemeace ofeurbside pick-up reoychn8? yes_LA_ no.. n/a... 7 How much per month (ad~d on to the utility bdl ) would you be wdbn8 to pay? up to $3/montlL~" up to $5/month up to $8/montk othe~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY/- SPRING 11000 Do ou ourrontly recycle? yes , no If yoY~ dO .Or currently ,ecyol,, would you partloipat, If ou do ~urr~ntly re~l, ole, would you prefer to ut~hzO curbs~de p~ok-up Y es no~ , Whch ~t~ms do you currently r~.~.lo? ,,la~ .. alumm~ tm paper_ If curbs~e Pio~up r.~.oihlg w/ere available, whi?h/ttems w.o. uld gtassff~_ ahmin~ tm . paper'/y._ , c aruooaro__- p~a~u~; .. ~-,-- .. Would you be wilhng to pay a small leo for the conv~i~of cur'oside p~ok-up reoychng? yes_ noi~qv n/a . ?How muoh per month (~d~ on to the ut~hty bill ) would you be willing to pey~ ~ up to, $3/month ,uP to $$/m~outh~ up to $8/month other . KEEP DENTON BEAUTIFUL RECYCLIN/G SURVEY - SPRING 2000 / I Do you currently recycle? yes 1/ no :2 Ii'you do not currently, recycle, would you parhc~pate fi`Denton offered curbside pick-up recycling? yes ~ n.o n/a 3 If you do currently recycle, would you ~r~to uullze curbsmde pick-up recycling? . ..Yes. -- no Wa, 4 Which Items doyou cur, rently/vicycle? / x glass ~/alunununV tm ~/paper cardboard ~/'plaatlc ~// other 5 ff curbside pick-up.recycling w~re avada~e, wluch, items would you recycle9 / -, _.glass,---~.alummumb/ tta_~L p>~r.__~ cardboard, .~tic_(~o~r.,, 6 wOUlO, you ee vamng to pay a small fee fgz~he convemence ofcurbsid~ pink-up recy, oling? yes .// ,~o... ~/a. . 7 How much per month (added on to the Utility bill ) would YOu be willing to payS/ up to $3/month up to $5/month up to $8/month_~ other Address ?/.9/ .~n,~" ~ J/o _K Tt- ~)¢~ /~0~ Zip KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? yes v/ no If you do no~ currently recycle, would you parhc~pate if Denton offered cud)side pick-up recychng? yes. no n/a.., If you do currently recycle, would yo~j~refer to utihze curbslde pink-up recycling? yes no. n/a. Which Items do. you currently recycle~ ~as~ v/ alurmnum., V/ tm v/ paper v/ c. ardboard ,/plastic., v/ other__ If curbs~de pick;up recycling were available, which items would you recycle9 glass ~/ aluminum v/tm v/ paper v/ cardboard_~_~ plastic V/other.. Would you be wlhng to pay a small fe.e f/or the convenience of curbside pink-up recychng? yes v no,, n/~, How much per month (added on to the utd~ty bdl )Would you be wilhnu to up to $3/montk up to $5/montk. , up to $8/month., other Ada,tional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 yes Do you currently recycle? woul~d_y~ no 4 participate[if Denton offered eurbslde pick-up reeychngV If you do not currently recycle, If you dO currently recycle, would you~efer to~rbslde l)~ck-up rec~chnl~? yes // no n/a Whch Items do you currently recycle? glass.., aluminum tin pa~r..~cardboard plashc other If curbs~de Pick-up recycling were available, which items would you recycleV glass , ahmmum ~/ tm paper_ 9(. '.cardboard . plas~c ~/ other Would you be willing to pay a small fee for the eonvamenev/of curbstde pick up recychnig? yes_ no.2,/_- How much per month (added on to the utility bill ) wf~ld you be vnlhn$ to pay? up to $3/month up to $$/montk up to $8/month other KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. ~' no 2 If you do not currently, recycle, would you parttcupate if Denton offered ct~rbside pick-up recycling? yes.. no Ida ~/ 3 If you do currently recycle, would yo.u~refer to utlhze curbszde pick-up recychng'~ y0s_v' no rd~ 4 Which Items do ~,ou cur. rently rey~ycle? /, glass t/ alun'anu~ t,n.~_ paper v'/' cardboard/plastlo../other 5 If eurbside plck-~p recycling were avadable, wluoh items would you r~ycle? ~ glass.. ~/alununum..v/ tm / paper ~ cardboard }//' plastic. W/ other.. 6 Would you be vnlhng to pay a small fee)~or the convemence ofcurbsld~ p~ck-up recyohng7 yes v~ no,, _ .~.? , ? How much per month (added on to the utility b~ll ) would you be willing to pay? up to $3/month .... up to $5/month ~ up to $8/month ~ other ..... Name... "~v~ '~.,~5 Phone. 8~"7"b-5'"7~ Address ~ ~-{,~o~o~ce~ ~¥-. Z~p '76~Z~r AdditionalComme~ts ~,~.e_c~{x~% i'm !~.,V~'-'~ o.~[ too~l,~ [o-~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. / no... 2 If you do not currently recycle, would you parhc~pato if Denton offered curbside p~ck-up recychng? yes. no... n/~. 3 If you do currently recycle, would you, pr/ofer to utthze curbSMe pick-up recychng? yes.. 4 W'mch Items dofl, ou currently recycle9 5 lfcurbslde pick-up recycling were available, which ~tems would you recycle9 ~lass . aluminum tm . paper cardboard plutic other 6 Would you be vailing to pay a small f.ee~ the convenience ofcurbside pick-up reoycang? yes ~' no 7 How much per month (adde~ on to the utility bill ) would you be willln$ to pay? up to $3/montll v/ up to $5/month up to SS/month other. Address ~ ~0 ~ ~J~\%~/¥o ~'~. L~L~xo-- Phone Adchtlonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~ no 2 Ifyou do not currently recycle, would you pathdpat~ lfDonton off~'ed curbslde pick-up re~cimg? · yes no ~ n/a 3 It'you do currently recycle, would y0u p~er to utilize cu~bside pick-up recychng? yes '.,' no ~ n/a 4 Which items do you currently regycle? / glas,..~_.~ alumi.~m~ 'tin .I-,/pap? ..C/cardboard r--~pl,tic ~" other 5 if curbslde pick-u.p recycling wero~.,vailabl~, which ite/ms Would you recycle? glass. ~/ alumin~ tin_i.~paper_._~ cardboard ~pla~tlc ~'~ other . 3 6 Would you ~Z willing tO pay a sn~alel fee~he conveulen~no , of curbsld,n/, p|ok-up recycling? 7 How much per month (adde~ on to the utility bill ) would ~'ou be wilhng to pay? up to $3/month b/' up to $5/month Op to $8/month other Address , Zip '~, Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 I Do you currently recycle? yes ~' no 2 lfyou do not currently recycle, would you participate ifllenton offered curbslde pick-up recychng~ yes no, n/a 3 If you do currently recycle, would yo~ llrefer to utilize culbside pick-up recychng? yes ~,X no , n/a 4 Wtuch Items,do you currently recycle? , glass~., aluminum X~ tin ~ paper~ cardboardx,~ plastic'-~'' other ' 9 5 Ir curbs~de pick-up recycling were available, which items would you recycle glus_e~_., alummun~ )O tin xZ' paper ',<' cardboardS<" plastic-~" other~"~c,~ 6 Would you be valhn8 to pay a small fee for the convemenoe ofcu~oside pick-up recychns? yes ~ no_ , ? How much per month (added on to the utilsty bill ) would you be willing to pay? up to $3/month X up to SS/month ~p to $8/month other Phone Address t4'~'7>-~'f'~912, ~'3',_f~ Adchtlonal Coraments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2 If you do~currenfly recycle, would you parhcipate if Denton offered curbside pick-up recychng'~ .., ,~.. yes _ no.. n/a. ~ ~tyou ao cu~ently recycle, would yo.u prefer to utihze curbside pick-up recycling? t 4 Wh, h - - ,,o l~ems a,? y..ou currently recycle~ . _ ' t curoslae pick up recycling were available, which items would you r _e_~-ycle? , 81ass 'X/~ aluminum/~- tln~- naner x~ card~.,',-.',~ ~'.-,-~- uld you be wflhn8 to pay a small f~for the convemence ofcurbside pick-up recycling? no.. 7 How much per month (added on to the utihty bill ) would v°u be wilbn~ to p_t,o $3/month, up to $$/month_'~ up to $8/month other.... Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes [/ no L 2 Ifyou do, not currently, recycle, would you partimpate ~fDenton offered curbside pick-up recycling? n/a yes no~ 3 If you do currently recycle, would youlpreff~r to utihz~ curbside pick-up recychngV yes st/ no .~ n/a 4 Wl~ch items do y~ou currently rg~cle? glass L/aluminum~ tin ~/paper ~'/: cardboard ~//plestlo /other 5 If curbsk~e pio. k-u_p recycling were av~able, which Items would you recycleV . / _~lass, ~['/~- aluminum /~tln ~ paper ~Cr~cardb°ard~-~'~plastlc~'~ other 6 Would you be willing to pay a small f.~ f~r the convellence of curbsidc pick-up recychn8? yes c/ noI n/a , ? How much per month (added on to the utility bill ~ woj~ld you be willm~ to pay? up to $3/month up to $5/month.~ up to $8/month ~ .. other Additional Commeats KEEP DENTON BEAUTIFUL RECYCLIN~SURVEY - SPRING 2000 I Do you currently recycle? yes no, 2 If you do not currently recycle, would you participate if Denton offered ctubside pick-up recychng? yes / no_~ n/a 3 If you do currently recycle, would You p~efer to utihze curbslde pick-up re~chns? yes I/ / no i n/a / 4 Wluchltemsdo)~currentlyre~? / / / ~lasa_.__~ al~n.um~,~ tinT~....~' pa~l~.r._._~ c_~rdboard C,~plasito o~e- 5 If curbs, de piek-up/I/ecyclins .wer~a~adable,~tch ,t~ would you, re, leV . l~less v/aluminum.__.~ tm l/l~aper..__~ cardboard..~., plashc l/ other 6 Would yOU be wilhnl~ to pay a small fee ~tl~e convelgencepf curbstde pick-up recy~ns? yes_ t/ no..e-~/ ? How muoh l~r month (added on to the utility bill ) wjlafd you be willing to pay? up to $3/montll , up to S,5/montll v' up to $~/month ~, other Address Zip Adchti ,al"omments ~ ~~~!l~//~/~v "~_.~P'/V,J.~ '1 KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes. ~ no .... 2 If you do not currently recycle, would you parhc~pate if Denton offered curbslde pick-up recycling? yes no n/a.. 3 If you do currently recycle, would youp~ to utilize curbside pick-up recycling? yes no Ida.. , 4 Which items .do ~ currently, r~? ~paper V~cardboard.~plastlo~'~ other... glass V alununum__~_ tin 5 Ifcurbs~de plck-u~ recychng werejl,vallabl~,~which items would you recycle0 -- ..... glass ~,/,.. aluwanum.. ~"t,n...__~pap~er ~ cardboard~>~l;lastiok/o h 6 woma you be w~l/lng to pay a small f~f~ eonvemenc~ of~rbsld~ pick-up recycling? yes.... '~ no.. n/a. 7 How much per month (added on to the utility bill ) wouljLyou be willing to pay? ~_~p to $3/month.. up to $5/month_.._~" up to $8/month other. AddmonalComm~nts \ ~-~x"-O ~ o3~~ xc~ ~ xL\L~. ~'~-% ~,, ,' KEEP.~DEN,TON 31EAU Ti FU L. ~;;~¥~~!: REC, Y~L.~I~. ~,,SUR~y - SPRING 2000-~ I y~u do not ~.enfl~r~ycle, wo~d you ~pa~ton off~ ~s~de pink-up lfyou do cu~enfly r~ycle, w~d you prefer to uUl~ ~rbside pick-up r~clms? yes .~ no W~ch items do you ~ ~ [f~side Wo~d you ~ ~m~ How much Do you c~enfly recycle? ' ~ no If you do not ~enfly you pmidpato E~on ~ * ' * offer~ ~de pick-up r~oUns? If you do you pref~ to utdi~ ~side pink-up r~ohns? y~ ~ no , ~ch ~tems do ~ou ~ntly r~yc~9? ' ~, ~ ~u~num ~ t~~ pa~ ~ ~dbo~d ~l~m ~other~ If~rbssd~ PimP ~y~ng wergav~la, which it.s Would you Wo~d you be ~Hing to pay a sm~ f~f~ the ~nv~m~ ofm~side piek-up ~chng? How much ~r month (added on to ~ utlli~ bdl ) wo~d you be ~Og to up to~$~/mon~,, up to $~/month ~p to $8/month ~?~th~ Addr~s ~/~ ~ ~ , Z~p, Ad~Uon~ Cements KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. ~ no 2 If you do not currently, recycle, would y_ou partie~pate if Denton offered eurbstde pick-up recycling? yesA,2' no n/a 3 If you do currently recycle, would yo,u p~efer to utihze curbslde pick-up reeychng~ yes. ?-' no n/a. 4 WNeh items do/you currently ree/ycle? glass,/ alumanum V~ tm papery/' cardboard.V/ plastic other. 5 If curbs~de pick-up recycling wer~e available, wluch ~t~ms would you recycleO / glass s,/- alununum t,/tin ~ paper___~ cardboard ','/ plast~e..~ other 6 Would you be vnlhng to pay a small fee~gr the convenience of eurbssdc pick-up reeychng~ yes. ~/ no. n/a 7 How much per month (added on to the utility bill ) would you be wilhng to DavV up to $3/month. up to SS/month ~ up to S8/mon~h ' ' other Name Address__,,,,_ ~. ~ 0-~. U Zip '-I If, F D I Addmonal Comments. KEEP DENTON 3EAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes X no 2 If you do not currently recycle, would you parucipat~ton offered eurbside pick-up recycling? yes no ~l n/a 3 It'you do currently recycle, would you~re~'eir to utilize c~rbslde pick-up recychng9 yes /x : ' · no ~ n/a 4 Which items .clo you currently r.ecycle? ' * ~ , glass_~ aluminum.~ t,n ~' paper/~ c~rdboard 3 plastic ~C other 5 lfcurbside pick-up recycling were available, which ltemslwould yo.u _recycle9 glass.~ ahimm~..~ tln. J~_ paper ~ cardboard ~ plastic }4~ other 6 Would you tie willing to pay h small fee for the conveme~lce of curbsid~ pick-up recycling? >( , yes no~ n/a. 7 How muchlper month (added on to tl~e utility bill ) would you be willing to pay? up to $3/month up to $5/month ~ up to $8/month other Name .I ~ & ~(~ ~q'4,L Phone 5 S t- ~ ~ ~ ~ Address limb 0~~ ' 9~ ~ Z~p ?~' Add~t,on.~Comm~nts y ~ ~ ~ ,~ ,~ '~ ~ KEEP DENT/ON BEAUTIFUL RECYC~~RVEY - SPRING 2000 I Do you currently recycle? yeses_._ no ~ 2 Ii'you do noi currently recycle, would you participate if Denton offered curbs~de pick-up recychng9 .. yes no n/a 3 If you do ~cycle, wo~d you pre~'~}'~'FFJ:~tl~e c~rbside pick-up recychng9 glass V ahiminum~ tin. paper ff e~rdboar~/ plast.e ot~er 5 Ifeurbs~de ptek-~p recyehn8 w~ avadab~, which ~mslwould you r~eyele9 ~ 81ass~ flu~u~t~ paper~ e~dboard~ plastic ~ other 6 Would you,be wflhng to pay a small~e convem~ee of eurbs~de p~ek-up recycling? 7 How much per month (adde~utfl~ty bill ) would you be wilhng to pay~ . up to $3/month up to $5/mont~ , up to $8/month~ oth~ Address ~ I ~' ~ ~ ~,: Addmon~ Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes L/ no 2 If you do not currently recycle, would you pam¢ipate ffDenton offered curbside pick-up recyehng? yes__ no n/a 3 Ifyou do currently recycle, would you p~fer to unhze curbsMe pick-up recycling? yes ~" no n/a 4 Wtuch items do you currently recycle? glass t/ alumanum, l/t n v/ paper t/' cardboard ~plastm other 5 Ifcurbside plckrgp recycling were available, wluch items would you recycle9 glass ~ alurmnum J tm ~paper ~ cardboard ~ plastic ~'~other, 6 Would you be walling to pay a small f~9~the convenience of eurbslde pick-up recychng9 yes. no n/a 7 How much per month (addend-on to the utility bill ) would you be walling to pay? up to $3/montll,/ up to $5/month up to $8/month other Name-~G~l'tO. ,~,CI[[ Phone KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes, ~ no 2 If you do not currently recycle, would you participate ffDenton offered curbside pick-up recycling? yes .... no 3 If you do currently recycle, would you prefer to utilize curbside pick-up recycling? yes.. u-~ no n/a 4 Wluch items do you currently recycle? glass, aluminum ~tin paper cardboard plastic other. 5 Ifcurbslde pick-up recycling were available, which items would you recycle9 glass ~ aluminum ~'~ t~n paper ~ cardboard plastic t~ other 6 Would you be walling to pay a small fee for the convemenee of eurbslde pick-up reeychng? yes no n/a 7 How much per month (added on to the utility bill ) would you be walhng to pay? up to $3/montk ~-~ up to $5/month up to $8/month other N ne -% c d Phone, Address ..2.0 ,/6 Coc)M (_At<~ Z,p ?~,D.O Additional Coraments / KEEP DENTON BEAUTIFUL RECYCLING SURVEY~SPRING 2000 1 Do you currently recycle? yes If you do not currently recycle, would you parhc~pate lf~ton offered curbside pick-up recycling? 2 · yes...__._ no._.WT_' n/a 3 If you do currently recycle, would you prefer to utilize curbslde pick-up recychng9 yes ~ no , n/a 4 Wtuch items do you currently recycle? glass--aluminum c...-'tm__r,....-paper~cardboard c-..-plastic $ If curbside pink-up recycling were available, which items rwould you recycle9 glass,s._--~--"~alununum c--~tm ~ paper c.~ cardboard C--plast,c ~'~ othe'r~-- 6 Would you be walling to pay a small fe~ for the convemeqce of curbsid~ pick-up recyehng? yes . , no~ n/a 7 How much per month (added on to the utility bill ) woul~ you be wflhng to pay? up to $3/month up to SS/month up to $8/month other Address ~ CL--G'rm'~-~At~ Zip Addiuonal Comments ~t~'u~' KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes t/ no~ 2 If you do not currently recycle, would you participate if Denton offered curbside pick-up recychng9 yes no n/a ~ 3 If you do currently recycle, would you?reft, er to utlhze c~bslde pick-up recychng? yes ~ no i ll/a 4 Whch ~tems do you currently recy~cle? ~ glass, ~)~'"alununum ~tm ~paper ~---~.~rdboard'~ plastic '"'~other~ ~ 5 Ifcurbs~de pick-up recycling were avadablo, which items ~vould you recycle~ glass: ~ aluminum c~/tan/paper ~ c~'dboard ,-----~plastic~other . 6 Would you be walling to pay a small fe/epr the conveme0ce of curbslde pick-up recychng? yes '~. no~ n/a 7 How much per month (added.~on to the utlhty bill ) wo~u be walhng to pay? up tO $3/month ~'~ up to $5/month up to $8/month other Name , hone Address '2~' ~.'.~Id~.z~Oz~ I-t~.- , Z~p '"7 a,'ZO%'~ Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. W' no 2 If you do not currently, recycle, would you pamcnpate if Denton offered curbs,de p:ck-up recycling? yes_. no n/a 3 If you do currently recycle, would you p~efer to uuhze curbs~de p~ck-up recychng~ yes. ~/ no n/a_ 4 Wluch items do you currently recycle? 81ass ~f alurmnum ~t~n paper ~ cardboard ~' plastic. ~ other 5 Ifcurbside p~ck-up recycling were available, wluch ~tems would you recycle~ glass ~ aluminum ~tm.. ~ paper '~ cardboard..~ plastlc.~, other. 6 Would you be w~llmg to pay a small fee for the convenience of curbsido pick-up recychng? yes. ~ no n/a. 7 How much per month (added on to the utd~ty bill ) would you be wilhng to pay? up to $3/montk.. ~ up to $5/month up to $8/month. other. Name /~ Phoneo.~g? 4'ooc~ Address ~'n_q-~o~' _ff~pi..~, .~__,.,~ '7-~. Ztp 7~,.o't~' Additmnal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVE. Y.. j I RING 2000 I Do you currently recycle? yes.. no -~ 2 If you do not currently recycle, would you p~,articipate if Denton offered curbs~de pick-up recychng9 .,. yes_. no n/a, 3 ~ryou do currently recycle, would yo~prefer to utilize eurbs~de pick-up yes_ no rffa ~ 4 Wl~ch ~tems do you currently recycle? glass.., aluwanum tm paper cardboard plastic. 5 Ifeurbs~de pick-up recychng were avadable, which items would you recycle'~ glass,, aluminum tm paper cardboard plastic, other. 6 Would you be w~llmg to pay a small fee for the convemence of curbside pick-up recychng? yes. no, n/a, 7 How much per month (added on to the utility bdl ) would you be v~lhng to pay? gp to $3/montll_.,~ up to $$/montll up to $8/month other. Phone c)~O Ad&tmnal Comments KEEP DENTON BEAUTIFUL Do you currently reeyclo? yes t~ no , If you do not currently, recycle, would you participate ffI~enton offered curbs~de p~ck-up recychng? yes no .~ . n/a If you do currently recycle, would youf,~r~e curbs~de p~ck-up recychng9 yes t/~- ,~ no I n/a Wluch ~tems do y/ou currently feeble?. ~ ! glass~ L/ alununum../~ tm_~ paper /~e~rdboard~,,,~,,v other If curbstde g~ek-up recycling wore a~atlable, which ~tems,~vould you recycl?e2~ glass..~alummum ,~..~~aper /~cardboard /~st~e ~her Would you be willing to pay a s~ee for~he eonvemenee o~.f_f eurbs~de p~ck-up reeychn8? How much per month (added on~h~=~')~)~l~ you be wflhng to pay? up tO $3/month.___ ~'ffp to $5/mo~ up to $8/momh other Add~Uonal Comments I/~,.~ KEEP DENTON BEAUTIFUL RECYCLINGgSURVEY- SPRING 2000 Do you currently recycle? yes L~ no__~__ if you do not currently recycle, woul,d you~part~eipate if Denton offered curbs~de pick-up recychng9 If you do cu~ently recycle, would you pre~r to uuhze cu~'bs~de p~ek-up recychn8? yes [~ no , n/a Which items do,you currently re, cycle? / , glass i/ aluminum/./t~n paper_~ clg'dboard plastic other If curbs, de p,ek'u~P'reeychns wer~ avmlable, which ite~sl~vould you rec)/ele9 81ass.4.,~ alumanum ~/un paper_4,/ e~rdboard t/ plastic ?/'~ther Would you be wllh~ "ng to pay a~mall fee fo~he convem~ ence of eurbside pick-up recycling? yes no ! n/a How much per month (addedxfn ~o the utility bdl ) would, you be willing to pay7 up to $3/month.~ up to $5/month !up to $8/month other._...._ Address~ ~t~. tO ~ P~3,LDr~ Z,p '~,, Addmonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. ~/ , no 2 If you do not currently, recycle, would you parhc~pate if Denton offered curbside pick-up recycling? yes no n/a ,./ 3 If you do currently recycle, would you prefer to utihze curbs,de pick-up reey¢l,ng9 yes_ no. n/a. 4 Wtuch items do you currently recycle?, glass ,/ aluminum ~f' tin V/ paper. ~/' cardboard plastic..., other 5 lfcurbside pick-up recycling were avadable, wl~eh items would you rgcyele9 . / glass,, aluminum tin paper cardboard,~ plast~c.~ other.,, 6 Would you be vnllmg to pay a small fee for the convemence ofcurbsid~ pick-up recychng? yes ,/ no.. n/a.. 7 How much per month (add.ed on to the utlhty bill ) would you be wdl,ng to pay9 up to $3/month v/ up to $5/month up to $8/month other.. Address. ~3 ~':'~t~A ~)~, ~o/~OtX£ "~ Zip Addltlonnl Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes no 2 If you do not currently recycle, would you parhclpate ffDenton offered curbside pick-up re~jchng9 yes .~ no n/a. 3 If you do currently recycle, would you prefer to utilize curbslde pick-up recycling? yes no n/a_ 4 Wtuch items do you currently recycle9 glass alutrunu~ ~' tm.. paper cardboard.., plastic other~ 5 If curbslde pick-up recycling were avlulable, which items would you recycle~ glass aluminum tm~ paper ,'~ cardboard., plastic,'ff other 6 Would you be wlhng to pay a small tee for the convemm~ of eurbside pick-up recychng? yes.. ,~' no n/a 7 How much per month (a~,ed on to the utility bdl ) would you be wllhng to pay~ up to $3/month. 3' up to $$/montll up to $8/month other. Add tional Comments KEEP DENTO BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~' no, 2 If you db not currently, recycle, would you parhc~patl ~ ffDenton offered curbs~de pick-up recycling? yes no~ n/a, 3 If you do currently recycle, would yo.u prefer to ut,iii: curbs~de pick-up recychns~ yes, '~ no n/a, 4 Which i~ems do yo.q~cu.rrently~c, le?v PaP'//er 81ass._~:/ aluminum tm ~ ~dboard plastic other 5 If curbslde pick-up r~oyclms were available, which it ms would you recycleO si'ass l~'~uminum ~ C--pap~r "% cardboard .~stlc. 6 Would you be willing to pay a small f~,0r.-t~ conve fienee ofcurbs~d0 pick-up recychn$? yes no~, 7 How mttch per month (added on to the utility bill ) wi ~uld you be vallms to,pay? UP to $3/month up to $5/month . .. up to $8/month Name . ~'~ \ \ "k ~ ~a .p_A~' . Phone Address %~a~v.p ~"~cyf.,-k~\-k:t~ Z~p Additional Comments KEEP DENTO BEAUTIFUL RECYCLING SURyEY - SPRING 2000 I Do you ~urrenfly recycle? yes no ![ 2 If you dO not currently recycle, would you partlcipatetifDenton offered curbside pick-up recychng~ yes no.,l ' n/a 3 If you do currently recycle, would yout~.lofegto utihz~ curbside pick-up recychns? ~ yes -- no_.._.__. n/a 4 Whch ~t~ms d.o y_,pu ~'~ently recycle? 8~asz...~ alummum . tm paper i1 cerdboard~ plashc~~ 5 If curbs~de.piok,-u~p.,roC'yohng were available, which ~tems would you recycle9 8~azs ~...aiuminum fin paper_ ~---~Ccardboard ; plastic'"- other 6 Would you be wflhn8 to pay a small fee for the conve~enee of curbslde pick-up recychng? yes no,] 7 How much per month (added on lo the utility bill ) wo~ld you be will,ng to pay? up to $3/monill up to $S/montl~ : up to SS/month other Address ' Zip KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes. v// no 2 If you do not currently, recycle, would you panlopate ffDenton offered curbside pick-up recycling? yes.. no Wa 3 If you do currently recycle, would you prefer to utihze.c?Jc~de pick-up recychns? yes. no ~" ~a. 4 1Anaich items do you currently recycl~e? glass Lffaluminum ~, paper {~/cardboard C//'pla~tio other 5 If curbside pick-up recycling were available, which items would you recycleO ~ glass.., aluminum t~n paper cardboard plastic other... 6 Would you be wilhn$ to pay a small fee for the convenie, nce off,,~rbsid~ pick-up recyohn8? yes no. ~'~ ~/a ..... 7 How much per month (added on to the utility bill ) would you be willing to pay? up to $3/month up to $5/month up to $8/month ~ o~h~er.,,, Name .... Phone Address Z~p / ~?/) ~ Additional Commer~ts KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~/' no 2 If you do not currently recycle, would you participate lfDe~ton offered curbs~de pick-up recycling? yes no ..... n/a 3 If you do currently recycle, would you pre~fer to utlhze curbs~de pick-up recyohns? yes \/ no. n/a. 4 Wluch items do you currently recvcle~ V al' num,L ,m 6per d oard /pl,. ic 5 lfcurbslde pick;up recycling w.gre available, wh~c~gms would you regycle? 81ass~/ alummun~// till t//~paper cardboar~l...!.//plastic other 6 Would you be wilhng to pay a small fee fd~e convenience ofcurbside pick-up recycling? yes v~ no n/a 7 How much per month (added~on to the utlhty bill ) would you be wt~n$ to pay? up to $3/month ~/ up to $5/month up to $8/month other... Name. . Phone Address. Zip KEEP DENT(] N BEAUTIFUL RECYCLING SUR fEY - SPRING 2000 1 Do you currently recycle? ye,s nc 2 If you d~ not currently, recycle, would you parttcupa~ ~ if Denton offered curb.side pick-up recycling? yes no n/a . 3 If you ~ currently recycle, would you, pff.,fer to utih~ e curbside pick-up recychng9 yes ~' no tva . .. 4 Which om,s do you currently recycle? lass aluminum tin, paper ~ cardboard plastic other 5 If curbs] 4o pick-u~p,recyoling were available, which itl as would you recycle9 6 Would ou be willing to pay a small fee for tho conymon. q,e' of curbsid~ pick-up recycling? ye,s no ~/ n/a ,, 7 How mt ch per month (added on to the utihty bill ) W ~uld you be wilhng to pay? Up to $3/month up to SS/month . up to $8/month ~ other Name ] I Phone Addre,s,s I i . Zip 7(~-5 KEEP DENTO BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you !urrently recycle? yes ~/ no 2 If you dO uoi currently recycle, would you parhoipat ~ if Denton offered curb,slde pick-up recychn8? yes nc, n/a .... 3 If you d? currently recycle, would yo,u p~er to utih: ~ curb`side pick-up recychns? yes v nc P./a , , 4 Which Items do you currently r~,y.c, le? glad, alumm,um v/ tm , paper cardboard plastic othcr~ 5 lfcurbslde pick-up recycling were availabl~o, which it~ ~s would y~o~ecy, cle?. 6 Would you be vailing to pay a small fee for the conv~ ~ience of curbside pick-up recychng? yes ? How mqch per month (a~d on to the utih~y bill ) ,,v mid you be wlllin$ to pay? uIto $3/month up to $~/monih ~p to $8/monfll o~her Name I Phone_ Address ~ , Z~p Adchtional Comments If you do not If you do cu~emly r~yole; wo~d ~ch i~s do Wo~d you bo How much p~ Additional Comments ' Do you c~enfly r~yclo? , ~,~ y~., ~ ~,, ~you do not ~m~y r~cl~/~ould you p~i~ipat~ ~on offor~ c~ ~' iok,~u r ' Wo~d you be ~ng to pay a s~ f~ f~~ of~si~ick~T~&n~? yes., no-' ' KEEP OENTOIN BEAUTIFUL RECYCLING SURVEY SPRING 2000 Do you currently recycle? yes/~ If you do not ~entiy r~yde, would you para.pate ffDenton off~ ~rb~tde pick-up rgyelmg? yes,__ no~ If you do eu~ently r~yele, would yo~ ~fer to utfl~ eurbs~de p~ek up r~yehng~ yes ~ ~o~ ~eh ~tems do you currently recycle7 gl~s ~u~num tm paper~ c~dbo~d pl~tlo other If c~side pi~g-up rgyo~g w~ av~le, w~Oms would yRu~eeycleO glass~, fl~n~dm paper~, cardboar~ plagtc Wo~d you ~ ~mg to pay a smfll f~or tho conv~once of ~&s~d~ pick-up r~ychng? How much per month (added on to'~ ufihty btll~uld you b~ ~g to p~y? up to,$3/montb up to $5/mon~ up to $8/month ~ , oth~r KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes V//' no~ 2 Id'you do not currently recycle, would you partlcipat0 if Denton offered curbside pick-up recychngV yes ./ no,~ n/a 3 If you do currently r~-ycle, would yo.u~'~fer to utihz~ curbstd¢ p~ck-up reo/chns? yes, v no~, c '/p~lag~, other__ 4 Wluch items do/ffou currently rec/ycle? //a~dboard gla~ 1/alununum ~', tm paper $ If curbsMe ptok-up re~ychng were avmlable, whtch ~toms would you r~ycle9 glass aluminum tin paper , cardboard plastic other {5 Would you be wlhng to pay a small fenf,~ the convenience of curbsMe pick-up recychng? /yes v~ no~ ? How much per month (add. gabon to the utlhty bill ) would you be wilhn$ to pay? up to $3/month v/ up to $5/month~ up to $8/month other Name'~ ~ ~L~"~ , Phone Address~(o ~ ' _~t~: 'al/- ~Ef4Tc~¥~ :-F~ ...Z,p ?~_ Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 I Do you currently recycle? yes, no 2 Ifyou do not currently recycle, would yo.,u participate if Denton offered curbside pick-up recychnS~ yes ~,× no n/a 3 If you do currently recycle, would you prefer to utd,ze cutbside pick-up recychng~ yes.. no fda 4 Which items do you currently recycle'~ glass alununum tm paper , cardboard plastic, other 5 Ifcurbslde pick-,up recycling were avmlable, which items would you recycle9, 81ass ~' aluminum ~' tm paper ~ cardboard plastic, ~/'other. 6 Would you be vnlhng to pay a small fee for the conveuien.~ of curbside pick-up recychng? yes no ~/ n/a. .... 7 How much per month (added on to the utday bill ) would you be wiihng to pay? up to $3/month,, up to $5/month up to $8/month. other,, Address ~l~ ,5"~'-~m {e~ -~r, Ad&tional Comments KEEP DENT(iN BEAUTIFUL RECYCLING SURLY - SPRING 2000 1 DO you,currently recycle? yes n~__.__ If you do not currently, recycle, would you palpate ffDenton off, red curbside pick-up yes ~ nc~ . tva If you do currently recycle, would you prefer to utih~e curbside pick-up recychniV ~ yes, ~ ~.~ tva Which items do yo~ly recyd~--'"~-~ If curbslde p~¢k-up r~e~yclmg were a)t~lable,...w, hch ~t~ms~uld you recycle~..~ glass. ,..-.~'alununum..._~tln ~---'~aper~ardboard_k_....pt~tsc Would you be wlhng to pay a small fee for the oonv~mence ofcurbs~d~ p~ck-up..r, ecychn$? yea . , nevi tva C.--'~'~, How much per month (added on to t_~tfl~ty bill ) x~ould y~_o.u be wilhng to pay? / up to $:Ymonth -----'"~-up to $5/month ,~p'to $8/month . other Addit~onallComments KEEP DENTON BEAUTIFUL RECYCL~/G~SUR~VEY - SPRING 2000 / 1 Do you currently recycle? yes ',/ nc ~ 2 ~fyou do not currently recycle, would you parfic~pat ~ if Denton offered curbstde p:ck-up recychns~ yea no ~ tva 3 If you do currently recycle, would you prefer to utihl e curbs~de p~ck-up rc~ohng? yea ~-~ tva . 4 Wluch ~t~ms do~v6u cu .~entlv recycle2 / : t,n pa r__[ other__ 5 lfcurbsldel:~C~41precyclmgw~ej:eav~la~le, w~c~mswouldyol~$ecycle9 X/ glass~x, aluminum ~Ntm__~ pape~P~_I cardboard..~ plast~c~'~ other 6 Would ~ou be wdhng to pay a small~feef0r the conveo~ence of curbside pick-up recychng? yesZz'~,_ no tVa 7 How muoh per month (added on to the utlhty bill ). wi;told you be wilhng to pay? up to $3/month up to $5/month.~ up to $8/month other Adthtlonal Comments CAJff ~ ~- ~.~ C~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Yes ~'~ No Ifyou do not curreutly recycle, would you pamc~pate ffDenton offered curbs~de p~ck-up rccychn§? Yes No N/A If you do currently recycle, would you prefer to utilize curbs~de pink-up recychng? Yes No N/A Which ,ems do you currentlyrecy~le? __. "' Glass ~ Aluminum /--~7~'lrm /-/~- f-'~'~-- - - -- . ~-aper. _'~-~caroooard Plastm Other Ifcurbslde p~ck-up reeychn~were evadable which terns would you r'~:y~:l~ Glass, tt.~Alummuu~..~_c__. Tm_..~Paper /-.-Cardboard C.- Plast~......~Other W°uld Y°U be wdhng to pay a small f,ee fo, q~.jhe convenience ot*curbs~d~ pink.up recychng?' Yes, ~ No N/A [Iow much per month (added on to the utd~ty blll~you be wilhn~'to pay? Up to $3/Month Up to $5/Month . Up to $8/Month Other, KEEP DENTO~ BEAUTIFUL RECYCLING SURVEY - SPRING :zOO0 Do you cummtly recycle? ye~__..___ I10-4-~ If you do~not ~entiy rgyde, would you para.pate ~Denton offm~ ~rbs~de p~ek-up r~ydmg? · yes If you do cu~ently r~yde, would You prefer to utfl~ eurbstde plek-u~ r~Ydm8~ ,y~s~.o]~a ,,, ~ch ~tems do you currently r~cle~ ~l~s~ ~u~m ~ fin If c~sid~ psck-up r~yc~g were av~able, w~ch ~te~ glass~_: ~u~n~ tm Wo~d you bo ~mg to pay ~ ~mfll ~for tho eonve~ ;once of ~&s~d~ pick-up r~yehng? yes~ no How muoh per mouth (edd~d on to the utihty bill ) we dd you be ~hng to pay? up to $3/month~ up to $5/month up to SS/month , ,, other ,, KEEP DENTO~ BEAUTIFUL RECYCLIN/G SURVEY - SPRING 2000 1 Do you c0rrontly recycle? yes - no.____ 2 If you do~ not currently r~eyde, would you prose,pate ffD~on offered eurbside pick-up reeyehng~ yes no ] Wa , 3 If you do. currently recycle, would you p~for to utflZZel Curbszde p~ck-up re~dms? __ yes ~/ no ' n/a_ __ 4 Wluch ,toms dcy~ou ~ .rrontly l~yde~ // // / glass, ~'. alutmnum..~__'' tm_~. paper°' cardboard i/pla.st,c__ other 5 lfcurbslde p,ck-up r~,,ydmgware available, which,toms would you r~yde~. glks, aluminum tin /paper._-/ cardboard p?tm other 6 Would you be WiIIIllS tO pay a small fe~j~6r the convenience of curbsldo pink~up reoychns? yes no.,Z___ ~.s 7 Flow auoh p~r month (added on to tho utihty btll )~6t31d,,y~ou be wfllin$ to pay? up to $3/month up to $5/moutl,. . up to $8/month other Address li'~agl L_~-~I 5-/-. ~c~ ~o~4a~ ?c Zip ~7(o7,0~ Additional Comments ' KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Ycs._/,,~ No If you do not currently recycle, would you participate ff Denton offered curbs~de pink-up recychng? Yes No N/A If you do currently recycle, would you prefer to utilize curbs~de p~ck-up recychng? Wluch ~ems do you currently recycle? ' Glass ~,...~"~Alummum {,.~"~Tm t.....-~apcr ~Cardboard ~ Plastm ~ Other If curbs~de p~ck-up recychn~ were ~vadablc,~h~ch ~tems would you r~cycle? ' ' Gl~ss~ Aluminum / ~m ~ape~ ~ Cardboard ~ Plastic ~Other Would you be wd hng lo pay a small ~ Ibc convemence ofcurbs~dc pic~-up rcc~hng? Yes No N/A How much per month (added on to'lite utd~ty bdt) would you be wdhng to pay? ~ Up to $3/Month Up to $5/Month. Up to $8/Montb. Other Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Doyou currently recycle? Yes ~/~ No 2 lfyou do not currently recycle, would yo.~,,~,,~,,~,,~,,~p_art~c~pate ~f Denton offered curbs~de pAck-up recychng? Yes~ No N/A 8 If you do currently recycle, would you p~fer to ut~h'~e ~'~rurbs~de p~ck-up recychng? Yes I/ No N/A 9 Wluch ~tcms doyou currently rc~le? -- Glass ~ Alum,num 1/ Tm Paper. I// Cardboard Plast,c ~ Other 10 lrcurbs~dc p~-up recychng were avadable~wh~ch ~tems would you r~cycle? Glass Aluminum ~"~*T~n Paper ~"'Cardboard Plastic /"*"/Other, I I Would you bc wdhng to pay a small fee for the convemc~pce ofcurbside p~ck-up recychng? Yes No / N/A 12 llow much per month (ad~d on to the ut[hty bdl) would you be wdhng to pay? Up to $3/Mouth v~' Up to SS/Mouth Up to $8/Month Other. Add~honal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY -' ]PRING 2000 I Do you currently recycle? Yes No~ 2 If you do not currently recycle, would you~oarttclpate ffDchton offered curbslde p~ck-up recychng? Yes. k,/ No ,, N/A 3 If you do currently recycle, would you prefer to utilize cu~rbslde pick-up recycling? Yes No I N/A 4 Which Items do you currently recycl~ -- IOlass.~ Aluminum__ Tin__ Paper !l Cardboard_._._ Plastic. Other 5 If curbside plck-.>up recycling were ~vallable, which items ~o_uld you recycle? (}lass ~ ,~lummum' ~'Tin ~Paper ..~Cardboard ,-.-'""lYlast~c. 6 Weed you be willing to pay a small fee for the conveme~ce ofcurbslde pick-up recychng? Yes No ~ N/A 7 How much per month (added on to tho utility bill) would you be willing to ~Jpt~o$3/Month, Up to $5/Month IUpto$8/Month ~'~ Other KEEP DENTON BEAUTIFUL RECYCLING SURVEY - 8P~RING 2000 I Do you currently recycle? Yes~/~ No 2 If you do not currently recycle, would you participate if D¢~ton offered curbslde pick-up recycling? 8 Ify0u do cu~ently recycle, would you ~refer to ut~l~bs~d~ p~ck-up recychng? Yes ~ No ] N/A 9 Which ~tems do you cu~ently recycle? Glass. Aluminum ~ Tm. Papar~ Cardboard~ Plastic. Other 10 lfcurbs~de plc~-up recycling were available, which ~tems would you recycle? Glass ~ Aluminum ~ Tm Paper ~Cardboard Pl~t~c ~ Other I I Would you be wflhng to pay a small ~ for the conveme~c~ of curbs~de p~ck-up recychng? Yes ~ No , N/A 12 How much per month (added on to the utfl~F bill) would ~ou be wflhng to pay? [Up to $3/Month ~ Up to $5/Month~ ~ ~p to $8~onth. ~ Other Addmo~al Comments ,I KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Doyou currently recycle? Yes ~,~" No 2 If you do not currently recycle, would you pamcspate ~f Denton offered curbs~de p~¢k-up recychng? Yes No N/A 8 If you do currently recycle, would you prefer to utd~ze curbslde ptck-up recychng? Yes No N/A.. 9 Whmh ~temsdo.you currently recycle? Glass ~ Aluminum i,./" Tm v/'Paper,__ Cardboard Plastsc Other 10 If curbslde p~ck.-up recychng were available, which ~tems would you recycle? ' Glass ',,/ Aluminum / T~n. ~/Paper v/~ardboard v/Plast~c t,~Other I I Would you bc wdhng to pay a small fee f.~-4he convemencc ofcurbs~de p~ck-up recychng? Yes ~ No N/A 1:2 How much per month (added on to'the utlhty bdl) would you be wflhng to pay? Up to $3/Month'~' Up to $5/Month Up to $8/Month Other Name ~?/~ ~t.~ t~,.,).t'0~t/ ,j'~ ~'V'~' Phone Address . . , Zip ~/%' ~ (-),.,q~ _ ~ ~ ~ ,,.~ cot'~t ~Tt..f t 7-~ 4.,~1.~ Addshonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do yoq currently recycle? Yes . No V'~ Ifyou do not currently recycle, would y%q,~adm~pate If Denten offered curbsMe p~ck-up recychng? Yes ~ No I N/A If you do currently recycle, would you prefer to utd~ze curb$~de pink-up rec,v, chng? Yes No , N/A L/ Whmh ~tems do you currently recycle? Glass Aluminum__ T~n__ Paper Cardboard Plastic Ifcurbssde pink-up recychng were available, whtch Rems would you recycle~ Glass x.Y Aluminmn ~./ Tin__ Paper J ~Cardboard~Plashc. ~Other Would you be wdhng to pay a small fee,for the convenmnce ofcurbside p~ck-up recychng? Yes ~/ NO I N/A ~t/ff~ ,7/ I Iow Itluch per month (ad~,"d on to the utility bdl) wo-~'~-d ~'Oy be wdhng to pay? -- Up to $3/Month ~ Up to $$/Month Upto$8/Month Other Additional Comments KEEP DENTON BEAU FIFUL RECYCLING SURVEY - SI ~RING 2000 I Do you currently recycle? Yes No 2 Ifyou do not currently recycle, would you parhc~pate ffDent )n offered curbs~de pink-up recychng? Yes No N/A 8 I ryou do currently recycle, would you prefer to utilize curb,,de p~ck-ul~ recychng? Yes No. N/A. 9 Wluch ~lems do you currently recycle? Glass__ Alummum~ Tm. Paper 'Cardboard~lastlc Other 10 Ifcurbslde pick-up recychng were available, whmh ~tems w~)uld you~.efycle? Glass Aluminum__ Tin__ Paper Car~o6ard Plastic Other 11 Would you be wflhng to pay a smaU fee for the convemen~7.e'6f curbs~de p~ck-up recychng? Yes No~m_.. . N../A 12 I1ow much per n~onth (added on to the utflsty bdl~ould ydu be wdhng to pay? Up to $3/Month Up to $5~8/Month Other Name , ~ Phone Address / Z,p! Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Doyou currently recycle? Yes / No Ifyou do not currently recycle, would you parhc~pate If Denlon offered curbs~de pink-up recyc rig? Yes__ No__ __ N/A ~Jc JI bl ~, ~ ac Ifyou do currently recycle, would you prefer to utilize curbs~de p~ck-up recychng? Yes No N/A 1~ ~/ // Which ~tems do you currently recycle7 ~ I~~e Glass. ~Alummum ~ T,. ~ Paper ~Cardboard ~ Plastic ~ XOther ffcurbs~de p~ck-up recychn~'were ava~iable, which items would you recycle? - ' Glass Alummum~ T~n Paper Cardboard Plastm Other Would you be wdhng to pay a small fee for the convemence ofcurbs~de pink-up recychn~? I Iow much per month (added on to the utflfly bill) would you be wflhng to pay? Up to $3/Monlh Up to $5/Month Up to $8/Month Other AddlhonalComments ~ ~~~ ~~ ~ KEEl' DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 I Do you currently recycle? Yes No 2 If you do not currently recycle, would you'pamc~pate ff Denton offered curbslde p~ck-up recychng? Yes No N/A 8 I fyou do currently recycle, would you prel"er to utdlze curbs~de p~ck-ul~ recychng? Yes No N/A, ~-- 9 Which ~tems do you currently recycle? Glass Aluminum Tm Paper Car Plastm Other I0 Ifcurbs~d~ p~ck~up recychng wer~ avadable, wi.ch ~tems wou)s~u rec-"~? ' ' Glass__ Alummum~ Tm__ Paper____./~rdboard P asr c Other I I Would you be wdhng to pay a small fee for the conve~9~e~ce ofcurbsid-'~-~-pmk-up recycling? Yes N~ N/A 12 I Iow rnuch per nlonth (added on to~fl,ty~?~U~wo--~d you be wdhng t~-~pay? Up to $3/Month Up t~h Up to $8/Month Other Name Phone Address / Z~p_. Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Yes,._~ No If you do not currently recycle, w,~o~'"y~ parhc~pate ff Denton offered curbs~de p~ck-up recychng? /'Yes} ~ No N/A Iryou do cu~enHy recycle, ~erer to ut,hze curbs,de p,ck-u~hng~ , WMch ~l~ms do you I f c~rbsid~ p~c~-up ~cychng w~ ava~[abl~, which k~ms ~ould you Olass ~ A~ummum J Tln~ Pap~r~ Cardboard~l~t~ Other How much per month (added o~ th~ utd~ty bd~wou~d ~ou be wdhn~y? Op to $3/Monlh Up to $5/Month ~ ~p to $8/Month Other Add~Oonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes ~J No 2 If you do not currently recyct¢, would you parbc~pate It' Denton offered curbs~de pick-up recycling? Yes No N/A S Iryou do currcutly recycle, would you prefer to ubhze curbs~de p~ck-up reeychng? Yes ~ No N/A 9 Which ~tcms do you currently recycle? ~ Glass AlumLnum b.-'~m Paper i..,,~ardboard Plastic~ uther 10 If curbs~de p~c~-up recychng were ~vadable, whmh ~tems ~ould you r~c~? Glass ~ Aluminum ~T~n /Paper /Card~ard Plastic ~ Other I I Would you be wdhng to pay a small fear the convenmnce ofcurbs~de p~ck-up recychng? Yes ~ No N/A 12 I tow much per month (addsd on to Ibc uld~[y bdl) would you be wdhn~ lo pay? / Up [o $3/Month Up to $5/Monll~ Up to $8/Month ~ Other Add~tmnal Comments I , KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes ~ No 2 Ifyou do not currently recycle, would you participate If Denton offered curbs~de p~ck-up recychng7 Yes 'No..__._... N/A ~,' 8 I f y~u do currently recycle, would i,'ou pre fer to ut dlz~,9~:flbs~de p~ck-u~hng? Yes No / N/A 9 Which ~emsdo. you currently recwle? ~ ~.= ~ A~.min.m' ~.. ~ P.p== ~ C.~Oo.~ P~.st,= ~ O~h=~ 10 Ifcurbslde p~ck-up recychng were ava ab e, which stems wou d you recycle? Glass Aluminum Tin~ Paper , Cardboard Plastic Other 11 Would you be wdhng to pay a small re,or the conveme~ce orcurbside pick-up recychng? Yes ~ No ' N/A 12 How much per monfl~ (a~ded on to the utility bill) w~ou be wflhng to pay? Up to $3/Month / Up to $5/Month IUP to $8/Month Other Address Z~p ~ C ~ Add t onalComments ~ ' ~ ~ KEEl' DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Yes No If you do not ,eurrer)tly re, cycle, would yo~'part~c~pate ~f Denton offered curbs~de p~ck-up recychng?~'~ Il'you do currently retype, would you prefer to utlhz-'~-~curbs~de plck.ul~' recychng? tl ..~ Yes No N/A. Which ~tcms do you currently recycle? Glass~ Aluminum Tm Paper Cardboard Plaatm Other IFcurbs~dc p~ck-up recychng were ~Ilable, which ~tems would you recycle? ' Glass_ ~ Aluminum ~;~ ~aper ~ard~ard ~Pl~t,c ~ Other Wou d you be w~llmg to pay a s~ll ~ce for the convemenCe o~curbsl~k-up rec~chn~? Yes No N/A How much per month (added on ~o the utd~ty bdl) would you be wdhng to pay? Up ~o $3/~onrh ~ to $5/~onth Up to $8/Month.. O~hcr. KEEP DENTON]BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? yes ~ .. no..,__ 2 If you do/ici currently recycle, would you participate J ~Donton off~red curbside pick-up recyclmg? yes no ,, n/a 3 If you do CUrrently recycle, would you, pre/let to ut~hze mrbside pick-up recychngV yes v no 4 Which items ,dojtou cu~r. ently r,ecy~., e? glassx/ alummum_._k/tin, paper_.~cardboard plastic .~other 5 If curbsld~pick-u.p..~recy, chng were~availabl..r.,~vhich itelI iwould you recycle9 glaSs...__~/.., alummun~ tin~ paper._.~~ cardboard ~ plast,c L/~oother.. 6 Would yot~ bo vailing to pay a small fo~. f~tbo convent race of curbsldc pick-up recychng? I~yyou bo wt;!;~s to pay~ How much per month the utdlty bill ) wo~ ~,..~tl~O $3/m?nth .... "/- up_.to $5/month , up to $$/moreh ~, other ,, Address ~ ? .ti ? ~ ca ~,~x-~-. ~,/' ~£ & , Zip ,? L~, KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? YweoSuld_~,ou . no~ . 2 If you do not currently, recycle, um~ partio~pate if Denton off~'ed curbside pick-up recycling? yes~ no n/a,.~ 3 If you do currently recycle, would yo,u?refer to uuhze curbside pick-up r~Cling? Wtu yes._.,y~.~ no n/a. 4 ch items do you currently recycle'~ .. f p.per c, dbo, d_ pl ioZ' other S ncur~siae pie}c-up recyolm8 were available, wlucli Items would you recyclo?.~ ,. · 81ass_..~. alurrunum¥ t,n ,~paper.~ cardboard_~_ plas~lo~ other 6 would you bo ~lhng to pay a small f~ for the c~nvonlenc~ ofcurbsid~ pick-up r~,-ycllng? yes ? . no n/a. , 7 How much p~r month (added on to the utility bill ) would you bo wtlhng to pay? up to $3/month.., up ~o $5/month ,~, up to $8/month~ oth~r Address ~--'-~" a , Additional Comments KEEP DENTON BEA~JTIFUL RECYCLING SURVEY - ~PRING 2000 Do you currently recycle? Yes z~ No._~._~. Ifyou do not currently recycle, would you participate ff Dehton offered curbslde p~ck-up recycling? Yes No I N/A__ If you do currently recycle, would you prefer to utihze culrbslde pick-up recycling? _'T~,-r Which items do you currently recycle? . , Glass ~ Aluminum ~ Tin × Paper ,V Cardboard__.c~ Plnst c Other f curbslde p~ck-up recychng were ava~iab e. which ~tems would you recycle? ,Glass /: Aluminum 'X Tm ~ Paper y',[ Cardboard /~ Plastic Would you be wllhng to pay a smallyes fee for the convemenCeNo ,' ofcurbsideN/A pick-up recychng? How much per month (added on to'the utility bill)wouldl'---~ou be wflhng to pay? Up to $3/Month Up to $5/Mouth 'Up to $8/Month Other Add~tmnal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 Do you currently recycle? Yes No Ifyou do not currently recycle, would you pamc~pate ff Denton offered curbstde pink-up recychng? Yes No N/A If you do currently recycle, would you, ~:er to utd~ze curbs~de pink-up recycling? Yes r No N/A Which ~tems do you currenlly rec~vcle? -- Glass Aluminum c.,"" Tm Paper Cardboard Plastic Other_. ff curbstde pmk~:.up recychng were~flabie,_,5,T.~~ ~tems wo_9.uld you recycl~?._.~ -' G'ass '~ Alummum -- Tm Paper /-Cardboard -- plast,e .-~"~'OOther ~.~ Would you be wdhng to pay a small ~9..~the convenmnce ofcurbs~de p~ck-up recychng? ' Yes No N/A How much per month (added on to the utd~ty bill) would you be wllhn~ to pay? ~..~.,__..._. Up to $3/Month, Up to $5/Month__ Up to $8/Month. Other Add~oonal Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Doyou currently recycle? Yes j No 2 If you do not currently recycle, would you parhc~pate ff Denton offered curbs~de pick-up recychng? Yes__ No N/A 8 Ifyou do currently recycle, would you p/reFer to utilize curbs~de pink-up recychng? Yes o,"' No, N/A 9 Wluch ttems d9you currently recycle? Glass ..../ Aluminum ~" T~n__ Paper. t/~Cardboard Plastic '"'/Other l0 Ifcurbs,de p,ck-up recychug were ava,lable, ~'h,ch ,terns would you recycle? "C/'Other Glass. t/' Aluminum L..'/Tm ,/;"Paper L~(~ardboard k..../Plastm I I Would you be wdhng to pay a small lee for the conveme~uce o£curbs~de pink-up recychng? Yes No / " 12 }low much per month (added on to the uohty bill) would you be wdhng to pay? /,~t~i] 5< Up to_$3/Month____~ ~ to $5/Month Up to $8/Month. Other. Add,ess. /,~/d~' '~ ~' / "7/.,~.; / ZIp~ / Additional Conlmeuts -- '~ -- KEEP DENTON BEAUTIFUL RECYCLING SURVEY - ~PRING 2000 I Do you currently recycle? Yes I/, No 2 If you do not currently recycle, would you participate I'~el ton offered curbs~de p~ck-up recycling? Yes No N/A 8 I fy0u do currently recycle, would you prefer to utd~ze cul bside pick-up recychng? Yes ~'" No N/A 9 Wlllch items d.o you curt'early recycle? Glass y Aluminum V Tin v' Paper V/ Cardboard ~' Plastic__ Other [0 Ifcurbslde pick-up recycling were available, which item~ ~vould you recycle? Glass v' Aluminum L- Tin V Paper L , Cardboard L Plastic L Other I I Would you be wdhng to pay a small fee for the convemen e of curbslde pick-up recychng? Yes_~ No N/A [2 IIowmuchpcrn~onth(addedoatotheutlhtybdl)would 'ou be wllhns to pay? Up,lo $3/Month ,w Up to $5/Month Jp to $8/Month Other Name Address Additional Comments / KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 Do you currently recycle? Yes / No Ifyou do not currently recycle, would you pamc~pate ff Denton offered curb,~de pick-up recychng? Yes No N/A If you do currently recycle, would you p~'fer to utd~ze eurbs~de pick-ul~'recychng? Yes ~ No N/A Which ~tems d~o you currently recy):le? Glass ~ Aluminum ~ Tm ~"Paper. '-~'~'~Cardbonrdx~'~ Plastic, b./ Other, Ifcurbssdc psck-up recychn§ were available wluch items~would you rec~l~? G ass '-%',~ummum~___._ T~n ~..-~Paper ;.--' Cardboard ~ Plastic Other Would you be wdhng to pay a small fee for the convemence ofcurbside p~c~-up rec~,chnfi? Yes v-¥ No N/A I Iow much per month (added on to thc utd~ty bdl) would you be wdhng to pay? Up to $3/Month Up to $5/Montb__ Up to $8/Month Other ame e., -d Pho.e ^ddres z,po KEEl' DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 I Doyou currently recycle? Yes La/' No 2 lryou do not currently recycle, would you pamc~pate fiDeS/on offered curbslde pick-up recycling? Yes No N/A 8 lfyou do curreatly recycle, would you prefer to utdlze curbs~de p~ck-up recychng? Yes ~ No N/A 9 Which ~tems do you currently recycle? ' Glass ~ ./Alum~numL.~ Tsn Paper L~ Cardboard I0 lrcurbslde p~:k-up recycling were avmiable, which it~ms would you recycle? '" W Glass~ Alummum~/ Tin .,/' Paper L/ Cardboard~_.~ P ashc I I ould you §e wi lng to pay a small fee for the convenience ofcurbs~de p~ck-up recychng? Yes ~ No N/A 12 How much per month (added on to the uhhty bill) would you be wdhng to pay? Up ~o $3/Month ~ Up to $5/Month Up to $8/Month Other, KEEP DENTON!BEAUTIFUL RECYCLING SURVI Y- SPRING 2000 Do you currently recycle? yes . no , if you do not currently recycle, would yo)~pamc~pate ~Denton offered curbs~de pick-up recychngV yes L,/ no I n/a If you do ~urrently recycle, would you preface utilize cturbside pick-up recychng9 yes ~ no i n/a Which items doyou currently recycleV , ~lass c/ alununum tm paper '~ ~ardboard plashc If curbs~de,pick-up recycling were available, which ltemi would you rj~ycle9 glais /aluminum ,~m /'paper ~'~ ~rdboard__~" plastic ~'~other Would you be wlhng to pay a small fee~f, or the convem~nce of curbslde pick-up recychng? yes ~ no ~ n/a How much per month (added on to ~he utshty bill ) wo~kl you be wilhng to pal up to $3/month up to $5/month ~i up to $8/month. other KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 1 Do you currently recycle? yes ~//' no 2 If you do not currently recycle, would you parhcipate ~fDenton offered curbslde pick-up recychng? yes. no n/a. 3 If you do currently recycle, would you prefer to utilize curbslde pick-up recyehng9 yes, ~' no n/a, 4 Which items do you currently recycle9 glass ~ alun~num 5 Ifcurbside pink-up reeychng were available, which items would you recycle9 '- glass alumanum tin paper cardboard.., plastm other. 6 Would you be vailing to pay a smallyes fee 7 How much per month (added on to the utility bill ) would you bo wflhng to pay? up to $3/month.. up to $5/month up to $8/month other.. Name. ~-~M~, ~,-~ Phone Address _~a ~ff-o.~.~ I~,o,N~., t~~ .~,.)~.~. Ztp Cq,/~ / Additional Comments KEEP DENTON BEAUTIFUL RECYCLIN/G URVEY- SPRING 2000 I Do you currently recycle? yes // no . 2 If you do not currently recycle, would you partic~pate if Denton offered curbslde pink-up recychng9 yes no n/~ 3 If you do currently recycle, wouldyesYOU 4 Wtuch items do Y9u currently reey. cle? glass ~/aluminum- t/Ztm_~ paper [/ cardboard [,//plastic ~other 5 Ifcurbslde pick-up recycling were available which items would you rec. vcleV glass. ~/-- alurmnum [.~u~-"-~paper 6 Would you be willing to pay a small fee for the convem.enc/e~0f curbs~de pink-up recycling? yes no ~/ n/a 7 How much per month (added on to the utility bdl ) would you be willing to pay? up to $3/month up to $5/montlL__ up to $8/month other. Address ~/"',~ ~%~-~,A~a~r-~ t l ~, '~ ~ ..-[-~ Zip Additional Comments KEEP DENTONI B~UTIFUL RECYCLING SURVEY SPRING 2000 1 Do you currently recycle? yes b// no ._TL.__~ 2 Ifyou do not currently recycle, would y/ou parh~pate if~Denton offered curbside pick-up recychng? yes t'/ no_.r__ n/a :3 If you do currently recycle, would you pffefer to utilize ~urbslde pick-up recychng9 no yes "' ' n/a, 4 Wlueh items do you currently recycle? , gl~s v/ alumin,um ''/ tin . paper ~" Cardboard plastic ~ other 5 glass alununum tin paper ,,ardboard plastic other If curbsidelpxck-up recycling were available, wluch item would you rec cle9 5 Would yotl be w:ilmg to pay a small fee for the convem0nce of curbsld~ pick-up recychng7 7 How much per month (added on to the utlhty bill ) would you be willing to pay'? up ~o $3/month up to $5/month up to $8/month other Additional Comments KEEP DENTON BEAUTIFUL RECYCLING SURVEY- SPRING 2000 Do you currently recycle? yes .. no ' If you do not currently recycle, woul.d yo~wparhc~pat~ ~-:~--enton offered curbside pick-up recychng9 yes u/ no ~ n/a If you do currently recycle, would you prefer to utihze ogrbside pick-up recychng? yes no ~ n/a Which Items do you currently recycle9 glass alu~num tm paper c~'dboard plaalc other If curbslde pl~p re~ychng were available, which items would you recycle9 glas8 alummurn_~ tm ~ paper~e~ardboard~t/plastlc, j~-~/otherL/ Would you Ibe vailing to pay a small re,pr the convem~ce of curbside pick-up reoychng? yes no I n/a How much per month (ad~ on to the utility bdl ) would you be valhng to pay~ up to $3/mont.~ up to $5/month . : up to $8/month other Add~tional Comments KEEP DENTON BEAUTIFUL RECYCLING SUR~ING 2(~00 I Do you currently recycle? yes )~ no 2 If you do not currently, recycle, would you part:dpate if Denton off, red ~rbside pick. up recycling? yes. no n/a 3 If you do currently recycle, would you prefer to ut~hze curbside pick-up re~chn/i~ yes. ~ no n/a. 4 Wl~ch items d,o you currently recycle? 81ass._.~. alu~unum K t~a ~ paper ~ cardboard ~ pluuo. X other..~.. $ If curbs:de pick_-up recycling were available, which items would you recycle9 81ass. ~ alununum ~. tin ~ paper X cardboard._~, plastzo. ~ other.. 6 Would you bo wdhng to pay a small fee for the convenien~ of ~urbsido pick-up recycling? yes.,, ~ no n/a. , 7 How much per month (added on to the utih~y bill ) would you be wi~lm$ tO up to $3/month. up to $5/month_~ up to $8/month pay? · ' ~, other. ,, Address -~ ~ ~ I ~l~.~ Zip.. '7 (~ ~ o ~' KEEP DENTON BE~ UTIFUL RECYCLING SURVEY- ]PRING 2000 i Ooyoucurra.,yrecyc e? Yes No 2 If you do nol currently recycle, would youpa~c~pate~ ~ton offered curbs~de Hck-up recychng? Yes ~/ No N/A 3 l fyou do cu~ently recycle, would you p~fer to utfi~ :bs~de p~ck-u~ recycling? Yes No N/A 4 Which Items do you cu~enHy recycle? / I Olass Alummum~ TIn~ Paper, Cardboard Pias[tc Other 5 Ifc~rbslde p~ck-~ recycling were available, which item: would you recycle? Glass ~Aluminum ~TIn ~ Paper ~ 'Cardboard ~Plastlc ~-~Otho~ 6 Wo01d you be wdhng to pay a small fee ~r ti~e conveme ~e ofcurbmde pick-up recychng? Yes / No N/A 7 ltow much per month (a~ded on to the utility bill) would ~ou be wHhng to pay? Up to $3/Month ~ Up to $5/Month Up to $8/Month~ Other, KEEP DENTON BEA; JTIFUL RECYCLING SURVEY-, PRING 2000 1 Do you currently recycle? Yes No ,~ 2 Ifyou do not currently rec~vcle~ y/oul'd yo~partic~pale i-'f-~e~e~ ton offered curbside pick-up recycling? N/A 8 lfy0u do currently recycle, wo~ul'd you prefer to md~ze cu ~slde Hck.up recychng? Yes No N/A, 9 Wluch items do you cu~ently recycle? Cardboard Plastic Othe~ Glass Aluminum T~n Paper ~ [0 Ifcu~bside Hck-up recychng w~e avndnble, whmh ~ vould you recycle? Ol~s. ~./~lummu~ Tin. ~Paper / 'Cnrdboardv Plastic ~Other I 1 Would you be wflhng to pay n small fee r~the convemer ~ orcurbmde p~ck-up recychng? Yes~ No N/A 12 Ilow much per month (added on to the utility bill) w~ ~u be wdhng to pay? ~p to $3/Month,, Up to $5/Month ~ I ) to $8/Month Other Name ~C' ~oc ~. ~ ~ ~ Ph Address Z,~ ~?~[ i ' Add~t~onnl Comments ~ KEEP DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes Vf No 2 Ifyou do not currently recyc/e, would you participate tfDe~ton offered curbs~de p~ck-up recychng? Yes. No N/A 3 Ifyou do currently recycle, would you ~efer to utd~ze curbs~de pmk-ul~ rccychng? Yes ~/' No. N/A 4 Which ~tems do you currently rec..y..cle? Glass V/- Aluminum v' Tm ~ Paper. L/' Cardboard V"' Plashc V/'other 5 Ifcurbslde pink-up recycling were evadable, wh~c t terns would you r~cyC[~? .... Glass ,v" Aluminum '~Tm v/"Paper ./' Cardboard L/" Plastic v/' Other 6 Would you be wdhng lo pay a small fee for the convenience ofcurbsl~la p~ck-up rec~"~hng? Yes ./,/,/,/ No N/A 7 Ilow much per month (added on to the uidlty bdo would you be wdhn~ to pay? Up to $3/Month Up to $5/Month Up to $8/Month__ Other Address, [~0~"- ~c~c~.. ~'".~'Ov~. Zip KEEl' DENTON BEAUTIFUL RECYCLING SURVEY - SPRING 2000 I Do you currently recycle? Yes ~t' No 2 If you do oct currently recycle, woul'~t'you paint,pate tfDenton offered curbs~de p~ck-up recychng? Yes No N/A 8 If you do currently recycle, would you prefer to uhhze curbs~de p~ck-up recychng? Yes s-";" No N/A 9 Wluch fie,ns do you currently recy~Je? ' Glass ~. Aluminum ,..-"Tm ~ Paper ~Cardboard ,-'"'/Plastm -'"'"'Other l0 lfcurbs~de p~ck-up recycling were available, which Items would you re'cycle? ' ' ~. " Glass. ~/'Alummum ,-"/'Tm ,..""Pape~ ,./Cardboard L..~'/Plastic./' Other [ I Would you be wdhng to pay' a small fge for the convenience ofcurbslde pick-up recychng? Yes~/"'"~ No N/A 12 Ilow much per month (added on to the utlhty bill) Would you be wdhng to pay? Up to $3/Month__ Up to $5/Month Up to $8/Month Othe~ Additional Comments KEEP DENTON BEA JTIFUL RECYCLING SURVEY-, PRING 2000 I Doyou currently recycle? Yes J No 2 Iryou,do not currently recycle, would you participate i-'~el~ton offered curbs~de p~ck-up recychng? Yes ~ No_....~, N/A 3 lfyou do currently recycle, would yo.uj~t~to uhhze cur~s~de p~ck-up recycling? Yes s,- No ~/ N/A 4 Which items fie you currently recycle? Glass Almmnum Tm Paper ~"~ ~ Cardboard Plastic Other 5 Ircurbsld~ plckLup recychng were available, which items Would you recycle? .... Glass t_,,-- Aluminum ~ 'lin 6 Would you be willing to pay a small fee for the conven?,~ of curbslde pick-up rec~chng? Yes No ~ N/A ? I Iow much per month (added on lo'ih~ utdlty bdl) would ybu bo wdhn~ to pay? Up lo $3/Momh Up lo $5/Monlh, ~p to $8/Month Other KEEP DENTON BEAUTIFUL ~CYCL1NG SURVEY - SPRING 2000 I Doyou currendy recycle? Yes ~ No 2 Ifyou do not cu~enfly recycle, wouldyes you pa~iclpateNo itDentpn offeredN/ACurbs~de plck-up recychng? 8 If ye0 do cu~enfly recycle, would you ~efer to utd~ze curb~de pick-up recychng? Yes ~ No, I N/A 9 WhJch flems do you cu~ently recycle? Glass Aluminum Tm Paper ~ Cardboard Past c Other 10 Ifcurbs~de p~c~up recychn~ were avnl]~'~le, wluch ~ would you ~ecycJe? ~ ' Glass /. Alummmn ~ Tm ~ Paper ~ Cardboard ~ Plastic. ~ Other 1[ Would you be wflhng to pay a small fee for the conven~ncq of curbs~de p~ck.up recychng? Yes No ~ I N/A 12 flow much per momh (added on to the utd~ty bdl) would Y0~ be wdhng lo pay? ~E to $3/Month Up ~o $5/Month U~to $8/Month . Other Add~tmnal Comments KEEP DENTON BEAUTIFUL RECYCL G SURVEY - SPRING 2000 I Do you currently recycle? yes no 2 If you do not currently recycle, would you participate ffDenton offered c,urb.~ick-up recychngV yes no n/a. 3 If you do currently recycle, would you prefer to utlhze o~u:bside pick-up recycling? glass -/ai~nunum ~x' ' ~.~ p~r' c~lboard ...... plastic other 5 Ifcurbstde pick~~u'p recycling we~av~ulab~, which it. enfs would you recycle~ 6 womo you be vnllmg to pay a small fee for the convem~7~6f curbside pick-up recychng? yes. no 7 How much per month (added on to the utility bill ) would you be wilhng to pay? up to~~ up to SS/month up to $8/month other.. Name Pho~. Address. Adchtional Comments AGENDA INFO~ ~TION SHEET AGENDA DATE J~u~ 2, 2001 DEP~TMENT' F~scal ~eratmns ACM' Ka~y D~ose, Ass~st~t C~ty M~ager F~scal ~d M~mpal Semites SUB'CT Consider an ord~n~ee appromng amen~ent number one ~ ~ mterlocal a~eement be~een the C~W of D~ton and Denton CounW for the pa~ent ~d use of hot~ tax revenue ~n suppo~ of the Dmton Co~W H~stoncal IComassmn, authorizing ~e Mayor to execute ~ame on behalf of the C~W, ~d promdmg an effecuve date BACKGRO~ ~e H~stormal Comss~on Ktln Restora~on project was)ngmally approved for a te~ of Januau 1, 1999, t~ou~ December 31, 1999 ~e momes were app~ved tn the fiscal year 1998-1999 budget ~d encumbered m the Hotel Occupancy T~ ~OT) f~ds On October 1999 ~e H~stoncal Comss~on requested that the con~aet be extended ~1 December 31, 2000, due~to proble~ related w~ the selected s~te On December 7, 1999, the C~W Councd approved a ~elve-month extensaon to the con~aet endmg December ~1, 2000 However, the projected completion date of the ~ch~tee~ral s~ces exceeds ~e con.act ending date, December 31, 2000 Therefore, the Hxstormal Comass~on has requested ~ amendment to the con.act that extends the ~d~ng date s~x more months or ending June 30, 2001 Denton Co~n~ ts also pammpa~ng m ~s project and has approved ~e amendment for the extension P~OR ~C~ON~EW (Council, Boards, Commissions) ~e HOT Coinage recomends amending the cu~ent e~n~act allo~ng for a s~x-month extension so that the kdn project may be completed FISCAL !NFO~ATION I $35,000 of HOT f~ds have been encmbered ~d budgeted ~om the fiscal year 1998-1999 HOT f~d revenues Respectfully submitted ~Dl~na Ortlz ~' Director of Fiscal Operations S \Our Documents\Ordmancea\01\DCHC Kiln2000 doc ORDINANCE NO AN ORDINANCE APPROViNG AMENDMENT NUMBER ONE TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION, AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE WI4_EREAS, on December 7, 1999, pursuant to §351 101 of the Texas Tax Code, the C~ty of Denton, Texas and Denton County, Texas entered ~nto an ~nteflocal agreement to use revenue from the C~ty's mumc~pal hotel occupancy tax to promote totmsm and the convention and hotel ~ndustry by advertising and conductmg sohc~tat~ons and promotmnal programs to attract tourists and convenlaon delegates or registrants to the murnc~pahty or ~ts wc~mty, as well as to engage m tustoncal restoratmn and preservation projects and activities and advertising and conducting sohmtataons and promotional programs to encourage htounsts and conventmn delegates to ws~t preserved h~stonc s~tes and museums, and to perfolm "museum serwces" authorized under §791 003(3)(F) of the Texas Government Code, whltch each party ~s authorized to perform m&wdually, and WI-IEREAS, the term of smd mterlocal agreement expn:es December 31, 2000, and WI-IEREAS, ~t ~s the deszre of both part,es to smd mterlocal agreement to extend ~ts term for mother s~x months, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Amendment, Number One to the December 7, 1999 Interlocal Agreement between the C~ty of Denton, Texas and Denton County, Texas, a copy of wluch ~s attached hereto and made a part hereof, ~s h~reby approved, and the Mayor ~s hereby authorized to execute same on behalf of the C~ty of Denton, Texas, under the terms and condmons thereto stated SECTION II That flus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM PAGE 2 I AMENDMENT NUMBER ONE TO THE DI~CEMBER 7, 1999 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION THIS DOCUMENT (AMENDMENT) amends the CY2000 AGREEMENT made between the City of Denton, Texas, a mumclpal corporation (the "CITY"), and County of Denton, Texas, a governmental entuty existing under the laws of the State of Texas, contracting on behalf of ~ts Denton County Historical Commission (collectively, the "DCHC") by extending the term of the AGREEMENT for an additional six months as set forth ~herem WHEREAS, hotel tax funds having previously been allocated during FY98-99 to fund a similar project during CY1999, winch was never completed, it is the intention of the pames that DCHC perform the same servmes pursuant to the AGREEMENT that it would have performed pursuant to the superseded agreement for CY1999 and the CY2000 AGREEMENT modified herein, and that these services be performed for the same consideration recited, but not prod, in the superseded CY1999 contract and the CY2000 AGREEMENT mo(hfied hereto NOW, THEREFORE, m consideration of the performance of the mutual covenants and pron'nses contained herem, and the monetary consideration set forth m the CY2000 AGREEIVlBNT, CITY and DCHC agree that the CY2000 AGREEMENT is hereby modified as follows, and that any provlmon not specifically modified hereto shall remam as wntten Amended Prov~aons 1 2 Amounts of Payments [subsectmn (a) not amended] (b) In return for satisfactory performance of the activities set forth in tins Agreement and all attachments hereto, the CITY shall pay to DCIrlC an amount of money equal to the fixed contract amount of Thirty-Five Thousand Dollars ($35,000) 4 1 Term The term oftlus Agreement shall commence on January I, 2000 and terminate at mldmght on June 30, 2001 This term shall be a period pf e~ghteen months THIS AMENDMENT EXECUTED this day of ,2001 THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST APPROVED AS TO LEGAL FORM DENTON COLrNTY,~ A=EST APPROVED ~s ~o~g~ AL Fo~/ ~Page 2 AGENDA INFORMA'I~ION SHEET AGENDA DATE' January 2, 2001 DEPARTMENT: Library System ACM. Kathy DuBose ~ SUBJECT: Consider adoption of an ordinance authorizing the C~ty Manager to execute an agreement w~th the Texas State L~brary and Archives Comm~ssmn to prowde mterhbrary loan servme to mult~type hbrarles m Texas, and prowdmg an effective date BACKGROUND' Hmtormally, the Denton Pubhc Lthrary system has filled requests for the loan or photocopying of hbrary materials to all pubhe, aeademm, and speeml hbranes ,m the Umted States w~thout charge to the md~wdual hbranes, m a cooperative sprat of shanng our hbrary resources In fiscal year 1999-2000, our hbrary filled approximately 618 such requests In an effort to compensate lending hbranes for prowdmg th~s service to mult~type hbranes ~n Texas, the Texas State L~brary and Archives Commission m SFY 2000-2001 has agreed to rmmburse Texas pubhc hbranes for net mterhbrary loans Through this program, Texas hbrary users can enjoy contmued access to the holdmgs of the state's hbranes FISCAL INFORMATION: The Texas State L~brary and Archives Commission will r~mburse the Denton Public Library $4 00 for each net quahfylng lnterhbrary loan request up to a maximum of 250 net loans each fiscal year DPL will receive approximately $1,000 m a smgle payment 0n or before October 31, 2001 for prowchng mterhbrary loan servme on a statew~de basis Our hbrary ~vlll continue to recmve reimbursements from the state hbrary on an annual basis after the 2001 payment RespeCltfully submitted ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUi ....... ,~,,v~.~ ~ WITH THE TEXAS STATE LIBRARY ANDI ARCHIVES COMMISSION TO PROVIDE INTERLIBRARY LOAN SERVICES TO MULTITYPE LIBP,.M~dES IN TEXAS, AND PROVIDiNG AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HERE[BY ORDAiNS SECTION 1 The City Manager is hereby aethonzed to execute an agreement w~th the Texas State L~brary and Archives Comm~sslon to provide ~nterhbrary loan servmes to mult~type hbranes m Texas m substantially the same form as Exhibit A, which ss incorporated by reference as if fully set forth herein SECTION 2 That th~s ordinance shall beeome effective ~m_medlately upon ~ts passage and approval PASSED AND APPROVED t/us the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Contract # 306-01-8107 TSLAC'scoding Index 17722 Agency ObJect Code 7210 TEXAS STATE LIBRARY AND ARCHIVES COMMISSION CONTRACT FOR S~RVICES Th~s Contract and Agreement is entered ~nto by and between the Texas State L~brary and Archives Comrmsslon (TSLAC) and Denton Public Library, pursuant to the authority contracted and ~n comphance with the provlsmns of the Texas Government Code Chapter 441 I CONTRACTING PARTIES The Rece~wng Agency Texas State Dbrary and Archives Cornm~sslon (TSLAC) The Perforrmng Agency Denton Public Library II STATEM2ENT OF SERVICES TO BE PERFORM2ED A The Contracting Parties agree that the follo~vmg serwces will be performed under th~s contract ' 1 The Performing Agency will fill requests for the loan or photocopying of hbrary materials to ail Texas pubhc, acadenuc, and specml hbranes without charge to the individual hbranes when those requests are received on the OCLC lntefl~brary loan system from the ten ~nterhbrary loan centers that make up TexNet Abflene Public Library, Amanllo Public Library, Austin ]?ubhc Library, Corpus Chnsu Public Library, Dallas Public Library, Fort Worth Pubhc Library, Houston Public Library, Lubbock City-County Library, San Antonio Public Library, and, Texas State Library and Archives Comnusslon (TSL34C) 2 The Perforrmng Agency will fill requests for the loan or photocopying of library materials to Texas public hbranes that ar~ members of the Texas Group (TX@G) when those requests am received on the qCLC mterhbrary loan system The Perforrmng Agency will be reimbursed by the TSLAC for a maximum of 250 net loans at $4 00 each The number of lc~ans will be deterrmned by analyzing the lending and borrowing acuwty reported m the custormzed OCLC statistical reports PAYMENT FOR SERVICES The Receiving Agency shall pay for serwces provided from appropriated ~tems or accounts of the Receiving Agency from whmh like expenditures would normally be paid, based upon reports received from OCLC by the Receiving Agency Page 1 of 7 TSLAC, in accordance with the State of Texas p~rchaslng procedures, State of Texas Laws (Article 60lB, Vemon's Texas Civil Statutes) an[1 General Services Comrmssmn (GSC) Rules has issued the Purchase Order for th~s procurement IV TERM OF CONTRACT This contract 15 to begin September 1, 2000, and shall terminate August 31, 2001 V BASIS FOR CALCULATING PAYABLE COSTS The Receiving Agency will reimburse the Perforrmng Agency $4 00 for each net qualifying ~nterhbrary loan request received on the OCLC system, or from members of the Texas Group hbranes, up to a maximum of 250 net loans The number of loans will be deterrmned by analyzing the lending and borrowing activity reported in the OCLC staust~cal reports Reimbursements for these services will be made m a single payment on or before October 31, 2001 VI CONTRACT AMOUNT The total amount of this aontract shall not exceed $1,000 In order to redistribute unspent funds to higher perforrmng hbranes, the Receiving Agency shall automatically adjust the amount of this contract based on verification of total net loans made by the Perfornnng Agency as reported in the OCLC statistical repons dunng the first nme months of this contract Should the revised final net loan activity be at least $100 less than the ongunal estimated performance, the Recelwng Agency shall provide written notification to the Pefforrmng Agency of the contract reducUon amount within 30 days of receiving the OCLC acuv~ty report for the first rune months Should the revised final net loan activity be at least $100 more than the original estimated performance, and provided funds are avmlable, the Receiving Agency shall provide written notification to the Pefforrmng Agency of any contract increase amount within 30 days of rece~ving the OCLC activity report for the first nine months This contract is subject to availability of funds Source of funds will be Federal Fund CFDA #45 310, Institute of Museums and L~brary Serwce, State L~brary Program, Federal F~scal Year 2000 Carryover, State AY 2001 A breakdown of the funding ss provided below, m accordance w~th reqmrements from the Instltute of Museum and L~brary Services · Percentage of the total costs of the program wh,ch wall be hnanced with Federal money 100% ·DoIlar amount of Federal funds for the project $1,000 Page 2 of 7 · Percentage and dollar amount of total costs o~[ the project that will be financed by non- government sources 0 00% VI~ TERMS AND CONDITIONS A General Terms and Conditions These General Terms and Conchtlons shall ibc made a part of and govern this contract 1 No substitutions or cancellations shall be permitted without written approval of TSLAC 2 The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this contract The Perforrmng Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors, dr anything of monetary value from contractors, potential contractors, or parties to subagreements 3 The Contracting Pames may terrmnate this Contract by giving written notice at least thirty (30) days prior to the effective dates of such terrmnatlon (See Paragraph C regarding Dispute Resolution procedures ) B Governing Law This agreement shall be construed and gove~'ned by the laws of the State of Texas B Alternative Dispute Resolution Unless an applicable state statute or applicable federal law establishes another procedure for the resolution of chsputes, the chspute resolution process provided for in Title 13, TAC shall be used, as further described herein, by TSLAC and the contractor to attempt to resolve ail disputes arising under the contract 1 Ail disputes between the parties under thls,bontract that cannot be resolved by the parties in the ordinary course of business, mcludlng, but not hrmted to, those concerning the scope and interpretation of ¢ontractuai requirements, thmr enforcement and performance, and any costs associated therewith, must be subrmtted to the dispute resolution process provided lla Texas Administrative Code, Title 13, Part I, Chapter 2, subchapter A For the purposes of initiating the process, the person to whom written notice of such dispute mu{t be subn~tted is Ms Peggy D Rudd, Director and Librarian Smd notice must al,o be given to all other representatives of TSLAC and the contractor otherwise entitled to notice under the panties' contract 2 The contested case process provided m chapter 2, subchapter A, of the Texas Admmlstranve Code is the contractor's sole and exclusive remedy for an alleged breach of contract by TSLAC if the parties are unable to resolve their dispute 3 Compllance with the contested case process provided in subchapter A is a condition precedent to seehng consent to sue from the Legislature under Ch 107 of the Civil Practices and Remedies Code Nelthgr, th~ execution of this contract by TSLAC, nor Page 3 of 7 any conduct of any representative of TSLAC thereafter shall be considered a wmver of sovereign ~mmumty to suit D Default In the event that the Pefforrmng Agency fml~ to carry out or comply w~th any of the terms and condmons of the agreement w~th TSLAC, TSLAC may noufy the Pefforrmng Agency of such failure or default ~n writing ~nd demand that the fmlure or default be remedied w~thm ten (10) days In the event tl~at the Pefforrmng Agency fmls to remedy such fmlure or default w~thm the ten (10) da7 period, TSLAC shall have the right to cancel the agreement upon thirty (30) days written not, ce or ~maned~ately The cancellatmn of the agreement, under an~ c~rcumstances whatsoever, shall not effect or relieve Pefforrmng Agency from any obh~atmn or hab~hty that may have been ~ncurred or w~lI be ~ncurred pursuant to th~s ~greement, and such cancellatmn by TSLAC shall not hrmt any other nght or remedy ava~Iable to TSLAC at law or in equity E Deflmt~ons Whenever the following terms are used ~n th{se General Terms and Condmons, or ~n other documents, the intent and meaning shall be ~nterpreted as follows TSLAC shall mean Texas State Dbrary and Archives Commasslon Perforrmng Agency sl~all mean the hbrary orlother entity awarded an agreement for services under this contract m accordance with the terms, conthtmns, and requirements here~n F Independent Perforrmng Agency Status Pefforrmng Agency agrees that Perforrmng 4gency and Perforrmng Agency's employees and agents have no employer-eml~loyee relat~onsl'ap w~th TSLAC TSLAC shall not be responsthle for the Federal Insurance Contnbutmn Act (FICA) payments, federal or state unemployment taxes, ~ncomeltax w~thhokhng, Workers Compensation ~nsurance payments, or any other ~nsurance pgyments, nor will TSLAC fummh any methcal or retirement benefits or any prod va :atmn or s~ck leave G Sales and Use Tax TSLAC, as an agency of the State of Texas, ~ aahfies for exemptmn from State and Local Sales and Use Taxes pursuant to the pfovtsmns of the Texas Ltrmted Sales, Exc~se, and Use Tax Act The Perforrmng AI ;ency may clmm exemptmn from payment of apphcable State taxes by complying w~th ~uch procedures as may be prescribed by the State Comptroller of Pubhc Accounts H Observance of TSLAC Rules and RegulatiOns Perforrmng Agency agrees that at all nines ~t~ employees w~I1 observe and comply w~th all mgulatmns when accessing the TSLAC f~ctht~es, including, but not lmuted to, parlang and security regulatmns Page 4 of 7 D Publicity Performing Agency agrees that it shall not publicize th, s agreement or disclose, confirm or deny any details thereof to third parties or use any photographs or video mcordmgs of TSLAC's name in connectmn with any sales ~pmmotlon or publicity event without the prior express written approval of TSLAC E Severabihty If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance is held invalid, tlnenfomeable, or illegal in any respect, the mmander of the agreement and the application of the provision to other parties or circumstances shall remain valid and m full force and effect F Non-Waver of Defaults Any failure of TSLAC at any time, to enforc~ or require the strict keeping and performance of any of the terms and conditIOtaS of this agreement shall not constitute a waiver of such terms, conchtlons, or rights, and shall not affect or lmpar same, or the right of TSLAC at any time to avail itself of same G Property Rights For purposes of this contract, the term "work" is defined as all reports, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, Intellectual property or other property developed, produced or generated In connection with the services pro~,lded under the contract The TSLAC and Pefforrmng Agency intend this contract to be ~a contract for services, and each considers the work and any and all documentation or other products and results of the services to be rendered by Pefforrmng Agency to be a work made for hire By executton of a contract for these services, Pefforrmng Agency acknowledges and agrees that the work (and all nghts therein) belongs to and shall be the sole and exclusive property of the TSLAC If, for any reason, the work would not be considered a work-for-hire under applicable law, Pefforrmng Agency does hereby sell, assign, and transfer to the State Library, its successors and assigns, the entire right, title and Interest In and to the copyright in the work and any registrations and copyright applications relating thereto, and any renewals and extensions thereof, and in and to all worlds based upon, derived from, or incorporat- ing the work, and In and to all income, royaltles, damages, clams and payments now or hereafter due or payable with respect thereto, iand in and to all causes of action, either in law or in equity for past, present, or future lnSnngement based on the copyrights, and in and all to rights corresponding to the foregoir~g Pefforrmng Agency agrees to execute all papers and to perform such other property,rights as the TSLAC may deem necessary to secure for the TSLAC or its designee the n,ghts herein assigned Copyrightable material made by the Pefforrmng Agency for TSLAC shall be considered work-made-for-h~re for TSLAC w~thin the meaning of the copyright laws Pefforn'ung Agency shall assign all rights, title and interest in such copyrightable materials to TSLAC Should this work product prove to b~ patentable, Performing Agency will Page 5 of 7 assign ail patent rights to TSLAC upon request The TSLAC shall have the right, at ~ts d~scretlon, to keep such work product as a trade secret Any publication or presentation resulting fro¢ or primarily related to the work conducted under this contract shall contain the following disclaimer The actlwty that ~s the subject of this repot '~as supported in whole or m part by the Institute of Museum and Library Servmes However, the opinions expressed heretn do not necessanly reflect the position or pohcy of the Institute of Museum and Library Services, and no official endorsement by the institute of Museum and Library Servmes should be inferred Promotional materials, bibliographies, and ot~er such short p~eces should give the following acknowledgement Published with funds granted by the Texas S~ate Libraries and Archives Cornnusslon under the iabrary Services and Technology Act, Public Law 104-208, as amended D Acceptance of Products and Services All services performed under th~s agreement shall be to the satisfaction of TSLAC and in accordance with th,e spemflcatmns, terms,grid condatlons of this agreement TSLAC reserves the right to inspect the services peffc~rmed, and to deterrmne the quality, acceptab~hty, and fitness of such products or services Page 6 of 7 TF[E UNDERSIGNED RECEIVING AGENCY Hereby certifies that (1) services spemfled above are necessary and essential for act~wt~es that are properly w~thm the statutory functions and programs of the affected agencies of State Government, (2) the serwces, supphes or materials contracted for are not required by Sectmn 21, Article 16, of the Const~tutmn of Texas to be supplied under contract given to the lowest resp4ns~ble bidder, (3) that the arrangements and payments contracted for will be conducted m comphance with Library Services and Technology Act (LSTA), Public Law 104-208, and the State Plan for LSTA m Texas RECEIVING AGENCY PERFORIVlING AGENCY Texas State Library and Archives Comnnsslon Denton Public Library Edward Se~denberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Date Typewntten or Pnnted Name Above Approved , Title Donna Osborne, Chief Fiscal Officer Date Type or pnnt name of local fiscal officer responsible for account into which these funds are to be prod Name of Fiscal Officer Title (Must be an official of the Perforrmng Agency) Address Telephone Number Page 7 of 7 AGENDA INFORMATION SHEET Date I/,~70/ -- AGENDA DATE: January 2, 2001 DEPARTMENT. Fire Department ACM: Jon Fortune, Assistant C~ty Manager, Pubhc Safety SUBJECT AN ORDINANCE APPROVINO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA'), TO PROVIDE FOR AN ALTERNATE CONTINUITY OF OPERATIONS FACILITY AT NORTH LAKES PARK AND RECREATION CENTER IN THE EVENT FEMA'S PERMANENT I~ACILITY IS UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND FEMA reqmres, as a part of their operating procedures, an alternate facd~ty to continue operations m case their region headquarters is una~,allable for occupancy The FEMA regmn in Denton covers a five-state area and needs to, conduct business each day regardless of conditions m Denton As a result FEMA has requested an alternate place to conduct business concurrently m case the region headquarters bml~mg ~s unavmlable North Lakes Park and Recreation Area is a third alternate site behmd their two alternate offices already estabhshed in the City of Denton. RECOMMENDATION , Staff recommends that th~s agreement be estabhshed ~n order to allow FEMA to continue to operate concurrently should their mmn famhty become unavailable PRIOR ACTION/REVIEW (Council, Boards, C~mnussions) Thxs Memorandum of Understanding has been rewewed by the legal departments for the C~ty of Denton and FEMA FISCAL INFORMATION The Emergency Facdxtles shall be made avmlable flee of charge for up to 72 hours, to include uhhtxes Should other costs be incurred, such costs wdl be the full respons~bd~ty of the parhc~pants who ~ncur them 'I An additional option ~s available to rent the entir~ facility, should the need arise In such an incident where the entire famhty is needed, a rate I of $500 00 per day, including staff, will be assessed EXItiBITS 1 Ordinance approving a Memorandum of Understanding between the City Parks and Recreation Department and FEMA 2 Memorandum of Understanding between the City Parks and Recreation Department and FEMA 3 Floor plan of the North Lakes Recreatmn Center and designated rooms for FEMA should there be a need for occupancy Respectfully submitted , Ross Chadwick Fire Chief \Our Document$\Ordmances\O1 ~FEMA COOP Ordinance doc ORDINANCE NO AN ORI)rNANCE APPROVING A MEMORANDV3M OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA"), TO PROVIDE FOR AN ALTERNATE CONTINUITY OF OPERATIONS FACILITY AT NORTH LAKES PARK AND RECREATION CENTER IN THE EVENT FEMA'S PERMANENT FACILITY IS IUNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager or his dee~gnee ~s hereby authorized to execute a Memorandum of Understanding between the City of Denton and the Federal Emergency Management Agency, Region VI ("FEMA"), to prowde for an alternate contmmty of operations facility at North Lakes Park and Recreation Center ~n the event that FEMA's permanent facility is unavmlable m an emergency, a copy of whmh is atta4hed hereto and made a part hereof SECTION 2 The C~ty Manager or hls designee is authorized to make the expenditures as set forth m the attached Memorandum of Understandmg SECTION 3 Tins ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED tl, ns the ,day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY BY MEMOUNDUM OF UNDERSTANDING DENTON PARKS Federal Emergency Management Agency Region Vi and City of Denton,l Texas The following Memorandum of Understanding (the Agreement) sets forth the terms of agreement between the Federal Emergency Management Agency, (FEMA) and the C~ty of Denton, Texas, w~th regard to ~mplementat~on of the FEMA Region VI Continuity of Operatmns (COOP) Plan I. Purpose of Agreement The purpose of th~s Agreement ~s to estabhsh responSlbfl~t~es of the part]es as they relate to a COOP sttuat~on, whmh would cause Region VI personnel to operate ~n an alternate facility II. Duration of Agreement The Agreement ~s effective upon s~gnature of the FEMA Region VI Director and the Denton C~ty Manager, and shall remmn xn effect until one, or both, pames cancel, ~n accordance w~th the terms set forth here~n III. Program Description COOP ~s a program whereby the FEMA Region VI personnel must be capable of operating on a continual bas~s, even ~f the facthty currently being ocCupied ~s umnhab~table In thru ~nstance, Region VI personnel would have to be available to lProv~de d~rect~on and gmdance to their representative states dunng emergency declarations To do so, an off-site faclhty must be made avmlable to house emergency personnel, as prescribed m the Region VI COOP Plan IV. General Provisions It ~s understood by both the Denton City Manager and the Region VI D~rector that each agency should be capable of fulfilhng ~ts rcspons~bdmes under this Agreement If at any t~me e~ther party ~s unable to perform ~ts functions under this Agreement, the affected party shall ~mmed~at¢ly prowde not,ce to the other V. Responsibilities of the Parties Under Agreement In consideration of the mutual covenants of the part~¢s to thts Agreement, the C~ty of Denton, Texas and FEMA Region VI agree that their responsibilities under th~s agreement are as follows A. City of Denton, Texas agrees (d, ring an emegency when Region Vl's permanent facility is unavailable due to the emegency) to: (1) Provide office space in an faclhty lo~ated at 2001 W Windsor, in the North Lakes Park and Recreation Center to Region VI personnel during COOP situations Minimum space shall include the game room and an accompanying office with 874 sq fi (the "Emergency Facilities") (2) Provide access to the aforementioned space as determined by the situation, which could involve after-hours and weekend hours of 0peratlon (3) Provide access entry keys or a facility manager to Region VI personnel, as determined by the situation (4) Provide telephone and computer connections, already in place, and allow access to Region VI personnel on a case-by-case reimbt~rsable basis (5) Provide access to parking and restro0m facilities (6) Provide access to tables and chairs for personnel as determined by the situation (7) Cease activities which would preclude access to the room or rooms being occupied B. Region VI agrees (during an] emergency when Region Vl's permanent facility is unavailable due to the emergency) to: (1) Provide administrative supplies and equipment to conduct operations (2) Keep the Emergency Facilities in a neat and orderly fashion (3) Follow the C~ty of Denton established rules for parking and facility entry (4) Not interfere in ongoing recreation center operations located ~n other parts of the facility Should additional requirements be necessary, Region VI agrees to coordinate with the Parks and Recreation Director, located within the City Emergency Operations Center (EOC) (5) Reimburse the City all costs associated with renting the Emergency Facilities NOTE In any situation where the Emergency F{tclhties are being used by the city for emergency operations, the City EOC Director reserves the right to withdraw support to Region VI if space is not available VI. Allocation of Costs A The Emergency Facthtms shall be made available free of charge for up to 72 hours, to ~nclude utlhtms Should other costs be recurred, such costs w~ll be the full responmbd~ty of the parhclpants who recur them B An add~tmnal option ~s available to rent the entire facd~ty, should the need arise In such an me,dent where the enhre famhty is needed, alrate of $500 00 per day, including staff, wall be assessed VII. Amendment or Cancellation of Agreement Th~s Agreement may be amended or cancelled at any t~me by e~ther the C~ty of Denton or FEMA Regmn VI VIII Points of Contact POC for the C~ty ~s John Hudson, Emergency Manager, or h~s successor or demgnee and the POC for FEMA Region VI ~s Brad McDannald, COOP Program Manager, or h~s successor or demgnee APPROVED: The undersigned partms b~nd themselves to the fmthful!performance of thru Agreement City of Denton, Texas Federal Emergency Hational City l~lanager Management Agency Region VI By By Mmhael W Jez R L "Buddy" Young C~ty Manager, Office of the Regional D~rector Date Date APPROVED AS TO FOR~ CITY AITO~I(Y // OITY~t~~ 3 AGENDA INFORMATION SHEET AGENDA DATE: January 2, 2001 0at0 ~/~/~ DEP~TMENT' Engineering & Transporta~n CM/DCM/ACM: Dave Hfll: 349-8314 ~/~ SUBJECT Consider adoptwn of ~ ord~n~cc au~onzmg ~e Ctty M~ager or h~s designee to execute a plpchne crosstng a~eement w~th thc Umon Pacific Ratl~oad Comply for a s~lta~ sewer p~pehne at M~le Post 725 98, Choctaw Subdivision, To~ of ~gyle, Denton CounW, Texas, authorizing thc cxpend~t~e of ~ds ~erefor, ~d prowdmg an effective date ~ACK~UND The proposed Gravey~d Brach S~lt~ Sewer Line lslslatcd to traverse U S H~ghway 377 ~d thc Umon Pacific Rmlroad within the Crawford Road m~erscct~on by boring operation Thc pu~ose of ~s crossing ~s to acco~odate those cu~ent ~d ~ture wastcwater flows d~rected towed the ex~stmg Town of ~gyle ha station, located 9 few hundred feet west of thc Crawford Road & U S H~way 377 mtersect~on, south s~dc of ~rawford Road Presently ~e hk station conveys wastewater w~th~n a force mmn to thc C~W of Denton wastewater system for treatment The proposed sewer hne within this section of the projeCt w~ll enable the ha station to be t~en out of se~cc because ~awty flow will be available ~COMMENDATION Staff suppoas approvM of the con~act P~OR ACTION/~VIEW (Council, Boards~ Com~lssions) None FISCAL INFORMATION $2,000 oo MAP Attached Prepared by Engineering & Transportation Paul Wllliamson Rtght-of-Way Agent Sanitary Sewer Pipeline SORE, LOCATION Mile Post 725.98 /' 24 Smooth Steel Casing & 15.7" PVC Main \ / / ~/ // // ~/ / / ~ / / .//~,,fl // TOWN OF ARGYLE , DESIGNED BY DHP CHECKED ~Y MA~ PRDJ ~NGR N/A , NDT TD SCALE SM 1 DF 1 o~ ~ ~ ~ m ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE- CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM- PANY FOR A SANITARY SEWER PIPELINE LOCATED AT MILE POST 725 98, CHOC- TAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXA$, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager or bas designee is hereby authorized to execute a Pipeline Crossing Agreement with Umon Pacific Rmlroad Company for a sanitary sewer p~pehne located at mile post 725 98, Choctaw Subdivision, Town of Argyle, Denton County, Texas wbach ~s at- tached hereto and incorporated by reference herein (the "Agreement") SECTION 2 The expenditure of funds as provided m the Agreement ~s hereby author- ~zed SECTION 3 This ordinance shall become ef£e~lve lmmedaately upon its passage and approval PASSED AND APPROVED thas the day o£ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY HA~FR~R ~TE~%~,G¢/~ATTORMoRNE y ur Documents\~-mmanees\01\Plpehne Crossing male post 725 98 doc PL X 940206 Form Approved, AVP-Law Folder No 1942-16 PIPELINE CROSSING AGREEMI NT Mile Post 725 98, Choctaw Subdl~sion Location Denton, Denton~County, Texas THIS AGREEMENT is made and entered rote as 6f December 13, 2000, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware c~rporation (hereuaafter the "Licensor"), and DENTON, CITY OF, a Texas mumctpal corporation, wl~ose address ms City Hall West, 221 North Elm, Denton, Texas 76201 (herema~er the "Licensee") IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS Article I LICENSE FEE Upon execution of this Agreement, the Licensee shill pay to the L~censor a one-tune license fee of TWO THOUSAND DOLLARS ($2,000 00) Article II LICENSOR GRANTS RIGHT In consideration of the License Fee to be paid by the Licensee and m further consideration of the covenants and agreements hereto contained to be by thc Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, dunng the term hereof, to maintain and operate only a 15 7" samtary sewer pipeline crossing ~heremafter the "Plpehne") m the location shown and m conformity w~th the dunensio~s and specifications indicated on the attached print dated December 12, 2000, marked Exhtbit A Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for an~ other use, whether such use is currently technologically ~osstble, or whether such use may come into exastence during the life of this Agreement Article III CONSTRUCTION, MAINTENANCE AND OPERATION The grant of right herein made to the Licensee is subject to each and all of the terms, provas~ons, conditions, lumtations and covenants set forth hereto and ~n Extublt B, hereto attached Article IV IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor Is to do any of the work performed on the Pipeline (including uutlal construction and subsequent relocation or substantial maintenance and regair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Pdglit of' Entry Agreement Licensee acknowledges receipt of a copy of the Contractor's Pdght of Entry Agreement and understanding of its terms, prowsions, and requirements, and will reform its contractor of theI need to execute the Agreement Under no c~rcumstanees wffi Licensee's contractor be allowed onto Lmensor's prenuses x~nthout first executing the Contractor's Pdght of Entry Agreement Artzcle V INSURANCE A The Licensee, at its expense, shall obtain the insurance described tn Exhibit B-I, hereto attached The Licensee w~ll also provide to the Licensor a Certfficate of Insurance, identifying Folder No 1942-16, issued by its insurance earner confirming the exa,~tenc~of such insurance and that the policy or pohc~es contain the following endorsement UNION PACIFIC RAILROAD COMPANY is ~aamed as an adchtional insured vath respect to all hablhties arising out of the exastenee, use or any work performed on or associated vnth the p~pelme crossing located on Railroad right of way at Mdc Post 725 98 at or near Denton, Denton County, Texas B If the Licensee named m tlus AgreementI Is a public entzty subject to any apphcable statutory tort laws, the hnuts of insurance described m Erdubit B-1 shall be the hrmts the Licensee then has tn effect or wluch is required by apphcable current or subgequent law, wluchever is greater, a portion of wluch may be self-insured ~,nth the consent and approval of~e L~censor C All insurance correspondence shall be d~rected to Folder No 1942-16, Umon Pacific Railroad Company, Real Estate Department, 1800 Famam Street, Omaha, NE 68102 Article VI, TERM Tilts Agreement shall take effect as of the date first~ herein written and shall continue m full force and effect untd terminated as herein provided Article VII SPECIAL PROVISIONS -- NONE Artzcle VIII AMENDMENT OF EXHIBIT B Sections 7 (b) and 10 of Exhthit B, hereto attached are hereby amended to read as folloxvs Section 7(b) m additmn to other lndemmty prov~smn~ in this agreement, the L~censee shall mdemmfy and hold harmless the Licensor from and against all costs, habdity and expense whatsoever (including, vnthout lmutation, attorney's fees, court costs and expenses) arising out of any act or omission of the Licensee, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommumeations system on LmensoV's property, and (2) any inJUry to or death of any person employed by or on behalf of any telecommumcatlDns company and/or its contractor, agents and/or employees, on Licensor's property Licensee shall not have or seek recourse against Licensor for any claan or cause of action by alleged loss of profits or rev,hue or loss of sennce or other consequential damage to a telecommunication company using LIcensor'Slproperty or a customer or user of servmes of the fiber optic cable on Licensor's property Section 10 INDEMNITY As us~ m th~s Sectaon, Licensor includes other~'aflroad compames using the Licensor s property at or near the location of the Licensee's mstallaUon and thor officers, agent and employees, "Loss" includes loss, damage, clauns, demands, actions, causes of]action, penalties, costs and expenses of' ~vhatsoever nature, including court costs and attorney's fee~ wluch may result from, (a) injury to or death of persons whomsoever (including the Licensor's officers, hgents and employees, the L~censee's officers, agents and employees, as well as any other person), and Co) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property m its care or custody) As a major mdueement and m consideration of the license and perrmsston heretn granted, the Licensee agrees, to the extent pemutted by law, to mdemm~y and hold harmless the Lmcensor from any Loss wluch Is due to or arises from 1 The prosecution of any work contemplated,by flus Agreement including the installation, construction, mamtenance, repmr, renewal, mo<hfication, reconstructmn, relocatxon, or removal of the P~pelme or any part thereof, or 2 The presence, operation or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss Is caused by the sole and d~rect neghgenee of the Licensor IN WITNESS WHEREOF, the pames hereto have'caused flus Agreement to be executed as of the date first hereto written UNIDN PACIFIC RAILROAD COMPANY By , Contracts Representative DENTON, CITY OF By , trifle ~ ~.~ ENCASED NON-FLAMMABLE (~ ~1 ~L~ c~s~ C0u~00[Tr T0 Bi C0h~Ey~o 5ANITA~H 7 NOU 27 2880 13 82 949 349 83?6 PRSE 133 Sechon I LI]V~TATION AND SUBORDINATION OF BIGHTS ORANTFD a) The foregoing ~n! of r~ght is sub]ec~ ~n~ subor~ncfle ~o ~1,~ pr*or c~ continuing nght and obhg~on of the Licensor to u~, ~md ~ im emim property trnlud~ ~he right ~md ~wer of ~ ~ce~or ~ co~t m~t~ re.w, ~e, o~e, c~ge, m~ or rei~e r~d ~c~, si~ co~c~o~ ~r op~cs or o~r p~ ~ o~ tac~ea u~ ~o~ or ac~as ~y or ~ ~ of ~m p~, ~ or ~7 of w~ch m~ ~ ~17 do~ ~ ~ ~e or ~es ~ ~ ~ce~or ~ut B~ to ~ ~ce~ o~ M ~y o~r ~ for com~on or d~ages b) ~e forego~ ~i~d ~ ~o s~J~t to ~ ou~t~ su~r ~gh~ (~1~ ~se ~ f~r of hce~s lessee of ~ ~ce~o~s pm~, ~d o~m) ~ ~ right of ~ ~Ce~or to m~w ~ e~e~ ~ s~e ~ ~ made ~ut cornet of fl~e or for ~et enjo~ent ~ ~ce~ ~ s~ coMo~ ~ U~on Pac~c R~d ~ ~n St~d S~c~on 102g adopt~ Now~r 1~9 ~ ~ ~ ~f ~ supplemen~ ~reto, wMch ~ ~ mfem~e ~ ~m~ made a ~ ~r~f, e~ept gowm on ~ ~ of co'ct but ~ ~ o~r ms~ ~ S~c~on s~ ~ply m~c~on or r~o~on of ~ ~ s~ ~ do~ to ~ s~facfion of ~ ~ce~or c) ~or to ~ co~e~ement of ~y work ~ co~on ~ ~ co~ho~ m~te~ce, re~, re~w~ ~c~ of ~ hce~r, ~ ~ce~ s~ s~t to ~ ~ce~or pl~ ~e~ out ~ me~ ~ m~er of s~ ~ do~ ~ ~ ~f~on of ~ V~ce ~es~dent-~ ~es or ~ ~ represent~ ~ Mce~or sh~ h~ ~ ngh~ ff tt so el~, to pm~de s~h sup~ ~ it m~ d~m ~ess~ for ~ s~e~ of l~ ~ck or d~g ~e ~e of co~cho~ m~te~e, ~ ~w~ m~o~ ml~o~ ~o~fion or remo~ of ~e ~er b~ s~ ~ ~n m~ ~mfor, ~ e~e ~ ~ ~ ~ce~or ~ co~ficn ~re~ w~ch e~e sh~ ~lude ~ ~si~le ~e adjacent s~ace of ~e ~o~ ~on 3 NO~ OF ~~ OF WO~ If ~ emerge~ s~d ~e r~g ~me ~en~o~ ~ ~ce~ s~ pro.de ~ m~h no2ce ten (10) d~ (or s~h o~r ~e ~ ~ ~ce~or m~ ~ow) ~ a~e ~f ~ co~e~ement of ~y work u~n or remo~ of ~ ~ ~ s~h work s~ ~ pms~ut~ ~gen~ to comple~o= or o~e~e I plx. exb P~ I o/'4 £:d~b~t B Fonu ~ AVP-I.aw Se. chon 5 ~R~. ~A~ON OR ~OV~ O~ P~ ~r~e of i~ ~ ~ ~men~, ~ ~ce~or s~ ~ s~h acbon ~ess~ or dem~le ~on 6 NO ~~ ~ ~SOR'S OP~ON ~bon 7 PROLCON OF ~ O~C C~ SYS~S a) ~r opHc c~le s~te~ m~ ~ b~ on ~ ~ce~o~s p~ ~ot~bon of ~ ~r opbc c~le s~te~ Is of e~eme ~ce s~e ~y b~ co~d ~pt se~ce to ~e~ ms~ ~ b~ss ~te~p~on tel~o~c~o~ comfy(les) ~ ~e io~ a c~le ]~or m~ ~emen~ for rel~on or pmt~on of ~ ~r opbc ~le, ~ ~ ~ce~'s e~e ~ ~ c~e~e ~ work on ~ right of prot~bon or rel~on ~ ~n accomp~ ~ d~ge ~ or desk,on of ~y tel~o~c~o~ ~tem on ~~~or (2) ~y m)~ to or d~ of ~y person employ~ ~ or on ~ of ~y tel~o~~om~y ~or {~ con,actor agen~ employes on ~ce~or's pro~ e~ept~~ or e~e{ ~e c~ solely ~ ~hge~e of ~ ~e~r ~e~~~s ~ ~t s~ ~t ~ or s~k ~o~e ag~t ~ce~or for ~y cl~ or ca~e of ac~on~oss of profi~ or re~n~ or loss mol se~ce or o~r co~uenfi~ d~age to a tele~~com~y ~mg hcemoffs pm~ or a c~tomer or ~er o[ se~ces of ~ ~r op~c c~le ~ co~aon ~ ~ com~ m~e~ m~, re~ m~c~on or ~o~caon of ~ R~e, ~d ~t ~t or s~er ~ ~c% or ~n~% ~en of ~y ~ or ~e to ~ e~orc~ ag~t ~ pm~ for work done or m~en~ f~ ~e~n ~ ~ ~t~e or ~st or on ~h~ of ~ ~ce~ ~ ~ce~ mde~ ~ ~ld ~es. ~ Mce~or ag~t ~ ~m ~y ~1~ he~ cl~ dem~ costa ~ e~es of b) ~ ~e~ s~ promp0y ~ or ~ch~ge ~ t~es, c~ges ~ ~sessmenm le~ u~ m reset to or on a~o~ of ~ R~, ~ p~m ~ s~e ~m ~o~ a c~ or ~en u~n pro~ of ~ ~ce~or, · e t~es, ch~es ~ ~sessmenm le~ u~n or ~ reset to s~h pm~ s~ ~t ~ ~r~ ~e of ~n common or ~e of ~ ~ or ~ ~prowme~% ~ph~ce or ~e co~t~ ~re~ plac~ ~n s~h pm~, or on accost of ~ ~ce~'s ~temst ~m~ ~m a~h t~ c~ge or ~sessment ~e ~ce~ =~ ~ to ~ hce~or ~ ~t~le pm~mon of s~h t~s dete~ ~ ~ ~ of pro~ u~n pro~ of ~ ~ce~or ~ com~ ~ ~ en~ ~ of s~h pLv. ei(b P~ 3 of 4 Ex!.ub.t B q PLX9$0112 SecUon 9 ~S~ON OF ~SOR'S PROP~ or ~b ~y of ~ o~r pm~ of ~ ~ce~or ~ co~on ~ ~ co~fio~ m~te~e re~, ~ ~ ~ce~% sole e~me, restore s~h fete ~ o~r pm~ to ~ s~e co~8on ~ ~ s~e were ~ s~h fence ~ t~en do~ or s~h o~r pro~ ~ mo~ or ~ ~ ~ ~ce~ =~ ~e~ ~ ~id dem~, c~m ~ e~mes of ~r ~, ~1~ co~ co~ ~ ~o~' f~s w~ch m~ reset bom to or d~ of ~ ~r, or d~age to or loss or des~agn of pm~ w~r when s~h ~J~, d~ ~e ~s or ~s~n ~ out of or ~es ~m ~ t~ do~ of ~y fete or ~e mo~ or ~e of o~er pm~ of ~ ~cemor locabon of ~e ~cem~'s ~t~on ~ ~ o~cem, agena, ~emplo~s, ~ss* ~l~es loss d~a~ atto~eys f~s, w~ch m~ res~t ~m a) ~j~ to or d~ of ~m~m w~r (~]~cemoffs o~cers agena ~ employes, ~ ~ce~'s o~cem, agena, ~ employes, ~ we~ ~ ~y o~mo~ ~or b) or o~er pro~ of ~ ~cemor, or pm~ ~ ia c~e or c~t~y~ b) ~ a m~r ~ducement ~ ~ co~lde~on of ~ ~ ~azon ~rem ~t~ ~ ~cem~ a~s to ~de~ ~d hold ~.~ess ~ ~cemor ~~ch ~ d~ to or ~es ~m ~e proa~ubon of ~ contempl~ ~ ~ ~ment mcl~ ~ ~t~o~ com~bo~ e pr e~e, o~mo~ or ~e of ~ ~ or conten~ e~c~ ~re~o~ ~ep~ ~ent ~ ~ ~s ~ c~~~~~ ~on 11 ~OV~ OF P~E ~ ~N ~A~ON OF ~G~ ~tor to ~ te~on of ~ ~ment ~v ~r ~ ~ce~ s~ ~ ~ce~'s sole e~e mm~ ~e ~ ~om ~se ~o~ of ~ pm~ ~t ~cup~ ~ ~ ~ ~ ~ck or ~ac~ of ~ ~ce~or ~d sh~ restore to ~ s~fac~on of ~ ~ce~or, s~h ~o~ of s~h p~ to ~ g~ a co~on ~ ~y were m ~ ~e ~e of ~ co~hon of ~ ~ ~ ~ ~ce~ f~ ~ do ~ fo~o~ ~ ~ce~or m~ do s~h work of m~ ~ ~s~n ~ ~ c~t ~ ~ of ~ ~e~ ~ ~ce~or m~ ~ ~ op~o~ ~n s~h te~o~ ~ ~e en~e cost ~ e~e of ~ ~ce~ rem~ ~ ~o~ i ;f ~ ~ 1~ ~em~ l~ ~ ~ or it m~ ~t ~o ~co~ to do s~h work of remo~ ~ ~sto~ ~on to ~ 8~fac~on of ~ ~ce~oF ~ ~e e~nt of ~ mm~ ~ ~ ~ce~r of ~ pm~W of ~ ~ce~ ~ of ~ msto~on of ~ ~ ~ pm~ ~ ~rem pro~d~ ~e ~ce~or s~ ~ ~ m~r ~ h~le to ~ ~ce~ fisr ~y d~age s~t~ ~ ~ ~ce~ for or on acco~ ~ ~ s~h ~ ~ ~s~n s~ ~ ~ m~r p ~ce or ~ ~y nght of scion for d~ages or o~e~e, ~ ~ ~ce~or m~ ~ ag~t ~ ~ce~ ~e ~r ~ ~e ~ce~or of ~e brach of ~y co~fio~ c~n~t or a~ment hereto cont~ to ~ kepL obse~d ~d ~o~ by ~e ~ce~ sh~ ~ no ~ ~ ~ ~ght of ~e ~ce~or to ~ i~e~ of ~y rem~y for ~y s~s~ent brach ~er~f pL~oxb Pa~o3 oir4 E;c~ubtt B From A~rowd, AVP Lnw Sechon 13 ~ a) ~ ~ ~ d~s ~t ~e ~ ~ght ~ ~t~ or ~ ~ for o~ (1) ~, or ~ ~ ~ce~ con~s ~ ~f~t ~ ~ ~ffo~e of ~ c~t or a~ment ~ c~nt~ for a ~ of ~ (30) ~ ~e~ ~tten no~ce from ~ ~ce~or ~ ~ ~ce~ s~ s~h def~ ~ ~ce~or m~, ~ i~ op~o~ ~o~ ~ely ieee ~ ~ment ~ ~tten ~ce ~ ~n ~ ~ ~ of s~G~h a) ~, ~ ~ment m~ ~ te~ ~ ~en ~ce ~n el~r ~ ~m~ ~ ~ o~r on ~ d~e ~ s~h ~e st~ ~t less, ~we~r, ~ ~ (30) d~ s~nt to ~ dine u~n w~ch s~h ~ce s~ ~ ~ c) No~ of ~f~t ~ ~ce of te~on m~ ~ se~ ~o~y u~n ~ ~cem~ or ~ m~ ~ ~ l~t ~o~ ad.ess of ~ ~cem~ Te~on of ~ ~ment I0r ~y ~on s~ ~t ~t ~ of ~ ~gh~ or o~g~m of ~ ~ ~ ~h ~ ~ ~ or h~es, ~cc~ or o~e, w~ch m~ ~ ~en prior ~ereto ~on 14 A~ NOT ~ ~ ASSIG~ ~ ~e~ s~ ~t msi~ ~ ~ ~ w~le or ~ ~ or ~ ngh~ ~ ~t~ ~out ~ ~tten cogent of ~e ~ce~or, ~ It ~ a~ ~ ~y ~fer or ~si~ent or ~tempt~ ~fer or ~si~ent of ~ ~ or ~ of ~ ~ ~ ~t~ w~r ~l~t~, ~ o~on of ~, or o~e, ~ut s~h cogent ~hon 1 ~ SU~SSORS ~ ASSIGN~ S~ ~ ~ p~ of ~n~ ~ ~ ~ment s~ ~ b~ ~n ~ m~ to ~ ~St of ~ ~es ~reto ~ ~, e~uto~, a~o~, s~cesso~ ~ L~cnu~ ~_11, at ~ sol0 cost &nd e~q~ense, procm~ and m~,nta~ d~'~g ~ hfe of~ A~t ~e follo~g ms--ce cove= ~ ~J~F~ CO ~ ~ ~) for ml~ (~ ~ ~ j~ S~ JS m~ ~ ~ ~ S~) ~ ~y ~ ~ ~ ~fl~ ~ t~ ~ ~t pm~ ~ ~ I~ a ~ (2) y~ ~ ~ ~r ~v~ ~ ~f(a) ~ ~ ~g~ ~ a cl~ p ' ~ nor ~ co~ ~ W~ L~ ~1 ~m~ m L~,~fi~s) of~ -~: -- ~u~ ofa~ I~;~ ~sm ~, m ~ ~1~ ~ 1~ ~s~ (30) prior ~ ofB ~ CI~ ~1 ~ ~, ~d ~on~ m ~ ~ m ~ ~s) m ~ ~ J~ ~m ~ I~ LI~ W~ ~ ~ A~t ~ ~ ~ V ~l~ ~ L,~.~ - -r .... , ~' "~ ~RS~s~ who ~ ~ ~ ~ ~ ~ ~ ob~ ~ L~ ~ not ~ d~ ~ ' ]~c 0r g ~ham\¢xhJbltb'~xhbt~l ~b [ ~' I Xfol~lxccxb I kJO AGENDA DATE: January 2, 2001 DEPARTMENT: Engineering & Transportafl~.n~ CM/DC~I/ACM: Dave Hill, 349-8314 ~ Consider, adoption of an or&nance of the City ol Denton approving an Encroachment on Easement Agreement between the City of Denton an~ the TXU Electric Company, Successor to the TexaS Power & Light Company, ("TXU Electn~ ') relating to the location of a City Water Pipeline vothm a TXU Eleetnc Utthty Easement des r~bed in that certain easement recorded La Volume ~60, Page 602 of the Deed Records of Dent~ l County, Texas near where smd easement intersects with U.S Highway 377 within the City of l 'enton, Texas, Authorizing the expenditure of funds therefore, end prowdmg an effective date BACI a OCrND Staff is facdltatm$ the U S Highway 377 20-inch Water L ~e pro. lect, the limits being fi.om just north of the KansaS City Southern Railroad Crossing to just north ¢ 'Crawford ROOdo RECOMMENDATION Staff endorses the approval of the License Agreement PRIOR ACTION/REVIEW (Council, Boards, Commis Ions) Not apph0able FISCAL ~R~ORMATION Not apph~able Attached D~v~d Salmon, City Engineer Prepared by, ~ /) Engineering & Transportation T~hm~.l .~smlJmt Location Map ORDiNANCE NO AN ORDINANCE OF THE CITY OF DENTON A~PPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE TXU ELECTRIC COMPANY, SUCCESSOR TO THE ?EXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOC~ TION OF A CITY WATER PIPELINE WITHIN' A TXU ELECTRIC UTILITY EASEM] NT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 560, PA ~E 602 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SALE EASEMENT INTERSECTS WITH U S HIGHWAY 377 WITHIN THE CITY OF DEI"TON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PR IVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXA~ HEREBY ORDAINS SECTION 1 The City Manager, or tus de'ghee, is hereby authorized to execute a Encroachment on Easement Agreement between the! City of Denton and the Texas Electric Company m substant~ally the form of the Agreement ~hmh is attached to and made a part oftl~s ordmance for all purposes, for the purpose of locating a City water plpel,ne w, thm a TXU Electric utahty easement as described there~n SECTION 2 The C~ty Manager ~s authorized t~) make the expendatures as set forth m the attached Agreement , SECTION 3 Th~s ordinance shall become e£fect~ve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED flus the ,day of 2001 EL~LINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 60 3000 N W. Carrollton-Guinsville TP&L E-14S345 Request No. 2004639 ENCROACHMENT ON EASEMENT E-145345, Date October 3, 2000 Re Request No. 2004639 N W. Carrollton-Gamsvllle Machael Jez City of Denton 221 N Elm Denton, Texas 76201 Dear Mr Jez The City of l~nton (heremaRer referred to as User) has requested p~lss~on to construct, operate and maintain a twenty mch water lme vothln the area Or boundenes of TXU Electric Company's (TXU Electric), su~essor to the Texas Power & L~ght ~ompany, easement recorded m Volume 560, Page 602, Deed Records of Danton County, Texas TXU Eleotnc is agreeable to the water line, herem.af~r referred to as the "encroaching facility", If the encroaching fa~lhty ~s located and deserlbed ,~s shown on the attached drawing, marked Exhibit "An and incorporated heroin, and subject to the following terms and concht~ons 1 It m understood and agreed that TXU Electric h~lds easement nights on the property mvolved, therefore, User yell be required to obtain whatever rights and perrmsslon, other than TXU Ele~nc's, that are necessary Tlus letter agreement shall extend to and be binding upon User and its heirs, successors, and asmgns, and mn~t to be interpreted as a vnuver of any rights held by TXU Electric under ~ts easement 2 User shall defend, mdemmfy and hold harmless FXU Elecm¢, ~ts employees and agents from and against any and all claims, expenses, (11~ :ludmg attorney fees), damages, losses and judgments whether for bo&ly injury or damagg to property whether or not ansmg from the sol~ or concurrent naghgence or fault of TXU Electric or ~ts employees, arising out of or incident to the presence, construction, opemt~onl md maintenance of the encroaching faclhty 3 Use of draglmes or other boom type eqmpment ih connection voth any work to be performed on the TXU Electric easement by User, its employees, agents, representatives or contractors must comply wath Texas Statute (3TexClv St 1~36e), the National Electnc Safety Code and any other applicable safety or clearance reqmr~ments Notwathstandmg anything to the contrary herein, m no event shall any eqmpmen~ be wathm fifteen feet of the TXU Electric power hnes s~tuated on the afurasmd property User must not~fy the Fort Worth Region Transmission at (817) 496-2736, 48 hours pnog to the use of any boom-type eqmpment on the TXU Electric easement 4 The eneroacbang facd~ty does not currently interfere with TXU Electnc's usage, but lf~n the future the eneroaetung facility, m the sole judgmgnt of TXU Electric, does interfere wath the use or enjoyment of ~ts easement rights, TXU Eleetnc shall have the right to remove smd encroaching facility TXU Electric shall notify User m writing that wattun 90 days, the encroaching facility must be removed at User's sole cost If at the end of the 90 day penod the enaroachmg facility has not been removed, TXU Electric shall remove it at User's expense TXU Electric wall not be responsible 1)ur wall compensanon be prod for damages ~neurred by such removal However, m an emergency, TXU Electric shall have the right to lmmechately remove the eneroaelung faelhty It~the encroaching facility is removed, TXU Electric wall not unreasonably wathhold consent for User to relocate the eneroaelung facility wathm the easement 5 It ~s expressly understood and agreed that ~f th~ property has transmission or d~stnbutaon facilities located thereon, User shall not place upon the premises, any ~mprovements ~n¢ludmg but not limited to, braidings, hght statldards, fences, shrubs, trees or s~gns unless approved m writing by TXU Electric 6 It ls agreed that no trash dumpsters, tome substances or flammable materml wall be allowed on the easement 7 TXU Electric wall not be responsible for a~y costs of construction, operation and maintenance of User's encroaching faclhty It ~sifurther agreed that TXU Electric shall not be hable for any damage to the encroaching fa~llty here~n agreed to as a result of TXU Electnc's use pursuant to ~ts easement Any TXU Electric property damaged or destroyed by User or its agents shall be repmred or replac?d by TXU Electric at User's expense and payment is due upon User's receipt of an ~nvo~ce~ from TXU Electric 8 General construction hm~tat~ons on encroachments are described and listed ~n Exhibit "B", attached hereto and by reference made a part hereof 9 It ~s understood and agreed that, ~n case of default by User or its agents m any of the terms 10 and condltmns here~n stated and such default cogtlnues for a period often (10) days after TXU Elecmc notffies User of such default, TXU Electric may at its elect~on forthwath tenmnate tlus agreement and upon such term~nat~0n all of User's rights hereunder shall cease and come to an end Th~s agreement shall also terminate upon the abandonment of the EN©ROAGHMENT ON EASEMENT FaBe 2 eneroacbang facility fthe foregoing terms and conditions are acceptable to the City of Denton, please have the original and a copy oftbas letter agreement s~gned and returned to me at 300 S St Paul, Stute 301, Dallas, Texas 75201, w~flun 30 days for final approval by TX[U Electric Th~s letter agreement shall be effective only after final approval by TXU Electric Yoursl~Fruly, shammn D Gray P, Jght of Way Agent ACCEPTED BY /~PPROVEB AS TO FORt~ M~chael Jez I CITY AYl'0RJ[r~, //] C~ty Manager , ooo APPROVED BY Denms Tucker Manager of l~ort Worth Transmission DATE , ,2000 EXHIBIT "B" CONSTRUCTION LIMITATIIONS ON TXU ELECTRIC COMPANY RIGHT-OF-WAY I Blastang shall not be permitted on the right-of-way or under TXU Electric lines 2 Grading will be done in order to leave the nght4of-way in as near as possible to its present condition Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way Slopes shall be graded so that tracks can access the right- of-way when required and such that slopes can be mechanically malntmned 3 Grading alignments and elevations are based on drawings submitted to TXU Electric Any change m alignment or elevation will be resubmitted for approval which will not unreasonably be vathheld 4 Eqmpment shall not exceed 15" feet in height When operated under the electric lines 5 Dragllnes will not be used under the electric lines or on the right-of-way 6 No grading shall be done wltlun 25" feet of any'tower 7 Raght-of-way will be protected from washing and erosion during User's construction and dunng periods of repairs 8 No obstruction will be installed in the right-of-way that would interfere with access to the TXU Electric structures or prevent mechanical maintenance of TXU Electric right-of-way 9 Equipment and materials will not be stored on the right-of-way during construction without the written approval of the Supervisor of Dallas Region Transmission as noted in the Encroachment on Easement I 0 We must have room to access lines We will not be responsible for damage to masonry or any other type offence on parking areas while accessing lines 11 TXU reserves the rights for future use of this right of way including ingress and egress, constructing, reconstructing, removing, relocating, malntalmng, operating, etc any required transmission and/or distribution fatalities at no cost to TXU STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undermgned authonty, on this day personally appeared Denms Tucker, Fort Worth Transmlssmn Manager of TXU Eleetme COmpany, known to me to be the person whose name :s subscnbed to the foregoing ~nslrument fred acknowledged to me that he executed the same as the act and deed of the smd TXU Electric Company, and for the purposes and conmderatmn thermn expressed and ~n the capacity the~mn stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, th~s day of ,2000 Notary Pubhc ~n and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undermgned authority, A Notary Pubhc m and for smd County and State on this day personally appeared, Michael Jez, C~ty of Denton, C~ty Manager known to me to be the person and officer whose name m subscribed to the foregoing mstnunent and acknowledged to me that he/she executed the same as the act and deed of smd C~ty of Denton and for the purposes and eonmderatlon thereto expressed and m the capacity thereto stated GIVEN UNDER MY HAND AND SEAL OF OFFICE thru day of ,2000 Notary Pubhc ~n and for the State of Texas Acknowlodgment q AGENDA INFORMA* ON SHEET ~'.t~ ~/~/ AGE~A DATE: J~nua~ ~, 2001 OEP~T~: Eagin~g & C~C~ACM: Dave Hm, 349-8314 /~ S~CT Constder ~prov~ ofa re~lutton apwo~g a ~t-of-Way U~ A~eement be~een ~e C~ of Denton, To~ ~d ~o ~es~e at Po~ C~o~ Ltd ,,~d dccl~g BACKGRO~ ~e devel0p~ of~e ~s~e have r~sted fo~ p~ss~on m ms~l s~s, h~tmg, l~caping ~d ~mgation ~m ~e n~t-of-way of ~ew~ Bo~ev~ w~m ~e hm~ts of ~mr devel~m~t ~CO~ATION St~ ~do~ ~e a~v~ of ~e ~t~f-Way Use A~t P~OR ACTION~W (Coune~ Boa~s, Commi~an~) Not apphcable HSC~ ~O~TION Not apphc~le A~ched D~md S~mon, C~ty En~ne~ En~n~ng & Tmspomt~on Location Map S \Our Documents\Resolut~ons\00\Preserve at Pecan Creek ROW ResolUtion doc RESOLUTION NO A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE PRESERVE AT PECAN CREEK, LTD, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty Council of the C~ty of Denton hereby approves a Raght-of-Way Use Agreement between the C~ty of Denton and the IPreserve at Pecan Creek, Ltd, a copy of whmh ~s attached hereto and incorporated by reference here~n, and the C~ty Manager ~s hereby authorized to execute smd Agreement on behalf of the C~ty SECTION 2 Ttus resolution shall become effecUve ~mmedtately upon ~ts passage and approval PASSED AND APPROVED ti'ns the __ day of ,2001 EI. iILINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RIGHT-OF-WAY USE AGREEMENT 'I HE STATE OF TEXAS § COUNTY OF DENTON § The City of Denton, hereinafter referred to as "City" does consent and agree to permit the Preserve at Pecan Creek, Ltd, hereinafter referredI to as "Applicant", to use a right-of-way dedicated to City, Lakemew Boulevard, Gideon Walker Survey, Abstract Number 1330 such right-of-way being described m Exhibit "A", attached hereto, for the purposes of lighting, landscaping, irrigation, and a stone s~gn at Shady Shores Drive, upon the following conditxons I The APPLICANT, its successors or assigns shall maintain and keep in sightly condition all of the above described improvements situated in the right-of-way area and the CITY shall not become responsible for such maintenance at any tune m the future Upon removal of such improvements and the payment of all costs m connection therewith, APPLICANT'S duties hereunder shall terminate The CITY agrees that ~ts obligations to maintain Lakevlew Boulevard as a dedicated right-of-way within the CITY shall not Ibc diminished in any way as a result of this Agreement, except for the maintenance of the ~mprovCments provided for in this Agreement II The APPLICANT shall and does hereby agree to mdenmlfy and hold harmless CITY from any and all damages, loss or liability of any kancl whatsoever by reason of injury to property or third person occasioned by ~ts use of the right-of-way or act of omission, neglect or xvrongdomg of APPLICANT, his officers, agents, employees, mvltees or other persons, with regard to the improvements and mmntenance of such !mprovements, and the APPLICANT shall, at his own cost and expense, defend and protect CiTY against any and all such claims and demands III The APPLICANT shall purchase and maintaiB Commercial General Liability Insurance naming the CITY as an "additional insured" for d,mages arising from the constmctlon and maintenance of the improvements authorized above with a hmlt of not less than $250,000 00 fm each person and $500,000 00 for each single occurrence for bodily injury or death and $100,00 00 for each single occurrence for injury to or destruction of property IV That APPLICANT shall have the right to remove the improvements on the right-of-way area at any time Further, APPLICANT shall arrange for all activities and improvements in the right-of-way to be discontinued and/or removed, at the direction of the CITY, w~thln thirty (30) days of notification by CITY, that the City Councd has directed the use of the right-of-way by S \Our Documents\Contracts\OO\Preserve at Pecan Creek ROW doc the APPLICANT be discontinued, and the costs ~ssoclated with the discontinuing of such activities, and the removal of such improvements, shall be borne by the APPLICANT V The APPLICANT, its successors or assigns shall not seek compensation from CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT VI That APPLICANT shall place upon the ston~ sign on a reasonably conspicuous area, a permanent sign plate of 3 inches In height and 5 inches in width that displays the text illustrated tn Exhibit "B" attached herewith The sign plate sh~.ll be of such plastic or metal material to withstand the effects of the elements over time and shall be attached with fasteners of industry standard Specific sign plate features shall be at the dlscretion of the APPLICANT VII This Agreement shall be binding upon and retire to the benefit of the APPLICANT and the CITY, and their successors and assigns, including the Preserve at Pecan Creek Homeowner Association, laws of the State of Texas Upon assignment of thls Agreement by APPLICANT to the ASSOCIATION, and the assumption of APPLICANT'S duties and obligations by the A ' SSOCIATION, APPLICANT shall be released from all further liability hereunder The Declaration of Covenants, Conditions and Resmctl0ns for the Preserve at Pecan Creek (the "Declaration") shall contain a provision providing that the ASSOCIATION shall be responsible for the performance of all obligations of the APPLIGANT under this AGREEMENT and shall provide for adequate maintenance of the improvements provided for in this Agreement, including establishing a reserve to cover the cost of removal of the improvements, such reserve to be in the amount reasonably required to pay all costs incurred In removing said improvements, but in no event less than $7,000 00 The Declaratioh shall provide for assessment procedures made applicable to all lot owners within Preserve atl Pecan Creek which assessments shall be sufficient to support the proper maintenance of thai improvements and the above referenced reserve for removal of said improvements The Decllaratlon shall contain a clause in bold type state THAT THIS RESERVE FOR REMOVAL OF[ THE IMPROVEMENTS LOCATED IN THE RIGHT-OF-WAY SHALL NOT BE RELEASED OR REDUCED WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE iCITY OF DENTON, provided, however, the CITY agrees to grant such approval promptly upo~ the removal of the subject improvements from the right-of-way and presentation to the CITY 'of reasonable documentation showing the payment ,of all costs and expenses Incurred in conne¢ilon therewith Prior to entenng upon the right-of-way area the APPLICANT shall submit to tl~e City Attorney a copy of the Declaration for review and approval IN TESTIMONY WHEREOF, APPLICANT {lxecutes this Right-of-Way Use Agreement on this day of ,2001 Page 2 S \Our Docluments\Contracts\OO\Preserve at Pecan Creek ROW doc THE PRESERVB~ECAN CREEK, LTD Marc A Foothk, President CITY OF DENTON, TEXAS BY MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM STATE OF TE~S § COUNTY OF DENTON § Before me, a notary public, on the. ~ day of L . , -2'OOt, personally appeared Mmhael W Jez, known to me to be the person whose name ts subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct Notary Pdbhc, State of Texas Page 3 S \Our Documents\Contracts\OO\Preserve at Pecan Creek ROW doc II STATE OF TEXAS § COUNTY OF DALLAS § Before me, a notary pubhc, on the ~day of -~2~c-f~ ~g-~ 020-o0 , g00t"; personally appeared Marc A Foothk, known to me to be the person whose name ~s subscribed to the foregomg document and, being by me first duly SWOrn, declared that the statements therein contamed are tree and correct Notar~ Pubhc, State of Texas 0 ~,~--~ NOTARY PUBLIC I Page 4 ,I "EXHIBIT B" ~ PRIVATE IMPROVEMENT WITHIN PUBLIC RIGHT~OF-WAY NO ADDITIONS OR ALTERATIONS WITHOUT PRIOR REVIEW AND APPROVAL BY THE CiTY OF DENTON AGENDA INFORMATION SHEET AGENDA DATE January 2, 2001 Questions concerning thts acqarsmon may be directed DEPARTMENT' Matermls Management to Jtm Coulter 349-7194 ACM Kathy DuBose, F~scal and Mur~tmpal Servmes V'-'~'-] SUBJECT An Ordinance accepting competitive b~ds and awarding a pubhc works contract for the consuuctmn of Samtary Sewer L~nes, providing for the expendtture of funds therefore, and prox~dmg an effective date (B~d 2576 - Underwood! Phase II Samtary Sewer Lines awarded to lowest responsible b~dder, Ze~ss Ut~ht~es, Inc ~n the amount of $238,092 20) BID INFORMATION' Th~s b~d ~s for the constructmn of the second phase of a replacement santtary sewer hnes along Underwood, Ave C, Greenlee and McCorm~ck StreeB Th~s b~d includes apprommately 500 feet ot 6 samtary sewer, 1,500 feet of 8" samtary sewerI and 1,400 feet of 10" samtary sewer Also included are excavation, street saw cuts, street r~pmr manholes, traffic control and other assoctated acnwues Th~s will re-route flows and ehmxnate two crosstngs under I 35 PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS) The Pubhc Utd~ty Board considered th~s project on December 18, 2000 and recommends approx al RECOMMENDATION We recommend th~s b~d be awarded to the lowest responsible b~dder PRINCIPAL PLACE OF BUSINESS Zelss Utdmes, Inc Burleson TX ESTIMATED SCHEDULE OF PROJECT Substantial completton ~s scheduled for the third week in June 2001 Agenda Information Sheet January 2, 2001 Page 2 FISCAL INFORMATION Ftmdmg for th~s project will come from CIP Bond ftmds account Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Location Map UNDERW~b~b PHASE II SANITARY SEWER LINE HIGHLAND PARK MICHIAL CITY of DENTON + WATER/WASTEWATER ENGINEERINGW F~ EXHIBIT ' ~ ORDINANCE NO, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2576 -UNDERWOOD PHASE II SANITARY SEWER LINES AWARDED TO ZEISS UTILITIES, INC, IN THE AMOUNT OF $238,092 2D) WHEREAS, the C~ty has sohc~ted, recetved and tabulated compettttve b~ds for the construction ofpubhc works or ~mprovements ~n accordance w~th the procedures of STATE law and Ctty ordinances, and, WHEREAS, the C~ty Manager or a designated employee has recetved and recommended that the here~n described b~ds are the lowest responsible b~c~s for the constructton of the pubhc works or tmprovements described ~n the b~d Invitation, b~d proposals and plans and specfficattons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive I~lds for the construcnon of pubhc works or tmprovements, as described ~n the "B~d Invitations", "B~d Proposals" or plans and spectficat~ons on file ~n the Office of the C~ty's Purchasing Agent filed a~cord~ng to the b~d number asstgned hereto, are hereby accepted and approved as being the lowest ~'espons~ble b~ds BID NUMBER CONTRACTOR AMOUNT 2576 Ze~ss Uttht~es, Inc $238,092 20 SECTION II That the acceptance and approval of the above competitive b~ds shall not constitute a contract between the C~ty and the person t~ubm~tt~ng the b~d for construction of such pubhc works or ~mprovements heretn accepted and approved, tmtd such person shall comply w~th all reqmrements specffied m the Not,ce to B~dders ~ncludmg the t~mely execution of a written contract and furmsmng of performance and payment bonds, and ~nsurance certfficate after notfficat~on of the award of the b~d SECTION III That the C~ty Manager ~s herebylauthonzed to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements ~n accordance w~th the b~ds accepted and approved here~n, provided that such contracts are made ~n accordance w~th the Not,ce to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specfficat~ons, standards, quantities and specffied sums contmned there~n SECTION IV That upon acceptance and apploval of the above competitive b~ds and the execution of contracts for the pubhc works and ~mprov~ments as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds in the maamer and ~n the amount as spemfied ~n such approved bids and authorized contracts executed pursgant thereto SECTION V That th~s ordinance shall becom$ effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the , day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2576 - CONTRACTUAL ORDINANCE 8-2001 0 AGENDA INFO~Af BION SHEET AGENDA DATE. Janu~ 2, 2001 Questions concerning th~s acquisition may be d~rected DEPARTMENT: Materials M~agement to Ray Wells 349-7108 ACM Kathy DuBose, F~scal ~d M~ uc~pal Seduces ~ SUBJECT: An Ordinance approwng a second awed on ~ ~ual contract for the purchase of two additional power tr~sfo~ers, rejection of ce~a~n b~ds not[meeting specifications, providing for the expendtture of funds ~eregore, ~d prowdmg ~ effective date (BM 2557 - Power Tr~sfo~ers aw~ded to Waukesha Electric Systems ~n the ~opnt og $466,200 each or $932,400 for two, plus primly w~ndmg options of $15,000 each for a ~tal award og$962,400) BID INFO~ATION Th~s btd ~s the ~1 contact to supply 138 KV Power Tr~sformers to Denton M~pal Electric We purchased two ~ts from ~s b~d m O~tober of 2000 and are now requesting approval of~wo additional ~ts w~ the pr~m~ wlpd~ng option included Spen~er Substation I ~d Spencer Substation II ~e approved C I P prqe~ts for fiscal year 2001 These prqects were developed to replace ~d relocate ~e Spencer d~stn~Utlon sw~tchge~ groin the lower level of the Spen~er plant bmldmg Relocation ~s m~dato~ du~ to eqmpment obsolescence, ~he ~nabd~ty to exp~d, and the ex~st~ng eqmpment being close to tt~ maximum load capacity The possible sale of the pl~t has placed ~e acqms~t~on of the ffansf~ers on a fast track The dehvery t~me got these umts ~s 48 to 52 weeks, ~erefore, the order m~st be placed ~mmed~ately ~o ~nsure dehvery late m 2001 P~OR, ACTIONNIEW (COUNCIL~ BOA~S~ ~OMMISIONS) * Council aw~ded a contra~t to Wa~esha EleCtric for two un,ts on October ~, 2000 ~ Public Utd~ty Bo~d approved t~s second a~d on December 18, 2000 ~COMMENDATION' We reco~end the a~qu~s~t~on of two additional :138 KV Power Transfo~ers be approved ~nclud~g the primly w~ndmg option ~om Wa~esha Electric Systems m the ~ount of $962,400 P~NCIPAL PLACE OF BUSINESS' Waukesha Electric System Waukesha, W~sconsm Agenda Information Sheet January 2, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT Dehvery of these umts ~s estimated to be 48 to 52 w~eks after receipt of order or approximately December 15, 2001 FISCAL INFORMATION Funds for th~s acqms~tmn are avmlable from Revenu~ Bond account (654-080-RB00-3620-9217- CO67705B) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Evaluation Sheet Attachment 2 Purchase Order 11516 to Waukesha ~lectnc Systems 1486 AGENDA I ATTACHMENT 1 Power Transformer Evaluation Sheet BID # 2M7 BID NAME 18 MVA $ PHAEE POWER TRANSFORMER mD OPEN Evilu~on by' D~niel ~ott. Supedntladont System Co~t EvaluaUon Summary Tabl~ MANUFACTURE OR VENDOR WAUKESHA SunbMt WESCO U$11.m, ve 1A USlise~ 2A KUHI..MAN ELECTR)C Base Price Unit #1 $466~0000 $39988500 $44641000 $452 (~0 00 $43200000 $4~6 456 00 Ba~e Pflce Unit #2 $4~6 200 00 $39986500 $44~ 410 00 $452 0~0 00 $43200000 $45645600 Short Circuit Te~t N/A N/A I N/A N/A N/A N/A Wan~nty Requirements $24 000 00 Multiple Shipments $1 500 AddM DMivMy LM~on 10% per Tmns~om~r ~252 00 Manufacl~re s Field Sewice Genemtm Bid Co~t (Up Front D~tlarsJ $~2,400 00 $123,770 00 $~,102 00 $~07,000 00 $~7,000 00 ~1 $A12 00 Energy Loaaes Cost pM TronlfMmM $263,655 $306~00 $~75 745 $267 375 $275 745 $3t I ~364 Eonrgy Losmes C~t ~er Bid ~527 31000 ~613,600 00 $5~I 49000 $53475000 $55149000 $62272800 TotM Evaluate ~o~t $1,4~,715 00 $t ~4~7~75~0 $t ,~O00 $t ,441,760 00 $1,418A90 00 $1 ~,140 00 Bvaluaflmt Fa~tor~ Warmmy pednd 5yra 5y~ 5y~ 5yr~ 5ym 5y~ FlekJ at~mbly requimme~ Y~ Y~ Ye~ Yes Ye~ y~ CerMy L~se~ ~ Temp 85C 75 C 75 C 75C 75C 75 C C~fy no k~l I~ kw 1510 2450 ~620 1550 1530 1344 CM~y .h)~d Lo~es IM 41 60 41 50 ~3 10 4200 4400 5352 Total Io~es kw G 15 MVA 5670 6600 5;)30 5750 5~0 ~696 Total coo#rig reqmrement~ k~ 1 8 1 8 I 2 1~5 3 4 Impe~nce m % at 15 MVA 7 66 i7 75 78 73 Reac~ve Com~ C¢mt $26~50 00 $24,750 00 $2~ 250 00 $29 250 O0 $292.50 (]0 $27 375 00 Guamnteeq ~ ~f d~werf 4852 WIre 150 Day~ 352_7.~ 238 Day~ 239 Day~ ~0-64 Wks Regu~,on M~x 7 5 % m .9 F~ lag ComlMince ConllMn(~ Com~ince ComHirme Cernm Average Sound Level 72/74~'5 dB 72/74/75 dB 72/74~5 dB 72/74/75 dB 72/74J75 dB 72/74/75 dB Corn and C~b (Weights In Pounds) 56010 ~00~0 ? 64820 56660 43,500 Tank & F~ng~ (Weight in Pounds) 34 950 50,000 ? 40 340 33 950 27 100 Oil (Weight in P~dn~s) 42 OGO 37 750 ? 57 100 46,850 40,500 Te~d WMgM in pmmd~ 132,9E0 147 750 1~8 000 165 390 140,110 110 Tank Cemp#al~e I~p~ ~ ~,ont plince C~mp#m~e ~ Non. Com~iam~ Load Tap Cl~ngM UZD UZE UZE I. JZE Relnh~u~n ~mn;t~ ~ TTM $y~em 3 c~in~ C~in~ c.~n~ C(~nlM'-n~e Shin1 Circuit Requlren~nt~ C~tp#an~e Con~in~e C~in~e C~mHince C~mfl~an~e ORDINANCE AN ORDINANCE APPROVING A SECOND AWA~ ON AN ANNUAL CONTRACT FOR THE PURCHASE OF TWO ADDITIONAL POWER TRANSFORMERS, REJECTION OF CERTAIN BIDS NOT MEETING SPECIFICATIONS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2557-POWER TRANSFORMERS AWARDED TO WAUKESHA EI4ECTRIC SYSTEMS 1N THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO, PLUS PP~MARY WINDING OPTIONS OF $15,000 EACH FOR A TOTAL AWARD OF $962,400) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc works or ~mprovements m accorltance with the procedures of STATE law and C~ty 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 in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBy ORDAINS SECTION I That the following competitive bids for the construction of pubhc works or improvements, as described m the "Bid Invitations", "l~ld Proposals" or plans and specfficatlons on file in the Office of the City's Purchasing Agent filed *~ccording to the b~d number assigned hereto, are hereby accepted and approved as being the lowes~responslble bids BID NUMBER CONTRACTOR AMOUNT 2557 Waukesha Elecm Systems $962,400 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and apl: roved, until such person shall comply with all requirements specified in the Not,ce to Bidders mclud ag the timely execution of a written contract and furnishing of performance and payment bonds, and ~nsurance certificate after notlficauon of the award of the bid , SECTION III That the C~ty Manager is hereb3 authorized to execute all necessary written contracts,for the performance of the construction ofthelPubhc works or improvements in accordance with the bids accepted and approved herein, provldedithat such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and doctmaents relating thereto specifying the terms, conditions, plans and specifications, standards, quantt$les and specified sums contained therein SECTION IV That upon acceptance and apl~roval of the above competitive b~ds and the execution of contracts for the pubhc works and tmpro~ements as authorized herein, the Ctty Council hereby authorizes the expenditure of funds in the m~mer and tn the amount as spemfied tn such approved b~ds and authorized contracts executed pur~ant thereto SECTION V That this ordinance shall become effecttve tmmed~ately upon ~ts passage and approval PASSED AND APPROVED this the I day of ,2001 EUXINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2557 - CONTRACTUAL ORDINANCE 12-2001 AGENDA INFORMATION SHEET Oate _ I z ! AGENDA DATE: January 2, 2001 Questmns concermng th~s acqmslt~on may be d~rected DEPARTMENT Materials Management to Sharon Mays 349-8487 ACM. Kathy DuBose, F~scal and Mtm~c~pal Servmes~-~ SUBJECT. An Ordinance accepting compettt~ve b~ds and awarding an annual contract for d~stnbut~on transformers, prowd~ng for the expenditure of funds, therefore, and provtdlng an effective date (B~d 2581 - Annual Price Agreement for D~stnbv~t~on Transformers awarded to the lowest responsible b~dder m the estimated annual amount of $960,000) BID INFORMATION. This bid ~s for an annual contract for electric dlstnbtat~on transformers These transformers will be ordered as needed for maintenance and new construction of the electric d~stnbut~on system RECOMMENDATION. We recommend th~s b~d be awarded to the lowest ,responsible b~dder based upon a formula utfl~ztng a 20 year hfe expectancy, no load and fulllload cost of operation, plus actual cost as hsted below Evaluated Descrlptmon Dmstrlbutor Manufacturer Cost Cost OH Dlstrmbutlon Transformem 1 10 kVA 120/240 Volts Techhne Inc i Howard Industries $ 415 $ 808 2 15 kVA 120/240 Volts Techhne Inc Howard Industries $ 504 $1,041 3 25 kVA 120/240Volts Techhne thc I Howard Industries $ 586 $1,449 4 50 kVA 120/240Volts Preferred SalesI Central Malone)/ $ 916 $2,335 5 75 kVA 120/240 Volts Preferred SalesI Central Maloney $1,257 $3,141 UG,Single-phase Transformem 6 25 kVA 240/120 Votts Techhne Inc Howard Industries $ 883 $1,701 7 50 kVA 240/120 Volts Techhne Inc I Howard Industries $1,140 $2,582 8 75 XVA 240/120 Volts Preferred Sales Central Maloney $1,450 $3,310 9 100 kVA 240/120 Volts Preferred Sa es Central Maloney $1,922 $4,153 10 167 kVA 240/120 Volts Techhne Inc I Howard Industries $2,394 $6,211 11 167 kVA480/240 Volts Cummins Utlhtyi Kuhlman $2,267 $5,821 UG Three-Phase Transformem 12 75 kVA 208Y/120 Volts PrlesterSuppl¥1 Cooper Power Systems $3,365 $5 964 13 112 5 kVA 208Y/120 Volts Pnester Supplyi Cooper Power Systems $3,617 $7,3,67 II Agenda Information Sheet January 2, 2001 Page 2 Evaluated Description DmtnbutorI Manufacturer Cost Cost 14 150 kVA 208Y/120 Volts Pnester Suppl~/ Cooper Power Systems $4,161 $8 682 15 225 kVA208Y/120 Volts Temple Inc ~ G E $6,419 $10,734 16 300 kVA 208Y/120 Volts Temple Inc '1 G E $8188 $13,360 17 500 kVA 208Y/120 Volts Delta-Y Electric Delta-Y Electnc $6,610 $19,248 18 750 kVA 208Y/120 Volts Deta-Y Electr~(~ Delta-Y Electnc $8,174 $25,583 19 112 5 kVA 480Y/277 Volts Pnester Supply Cooper Power Systems $3,804 $7,186 20 150 kVA 480Y/277 Volts Pnester Suppli Cooper Power Systems $4 138 $8,338 21 300 kVA 480Y/277 Volts Temple Inc , G E $7,919 $12,380 22 500 kVA 480Y/277 Volts Pnester Supply Cooper Power Systems $6,865 $18,292 23 750 kVA 480Y/277 Volts Delta-Y Electnc~ Delta-Y Electnc $8,070 $24,975 24 1000 kVA 480Y/277 Volts Delta-Y Electnc~ Delta-Y Electric $11,350 $32,423 25 1500 kVA 480Y/277 Volts Delta-Y Electnl: Delta-Y Electric $15,200 $44,988 26 2500 kVA 480Y/277 Volts Delta-Y Electnq Delta-Y Electnc $21,465 $69,634 PRINCIPAL PLACE OF BUSINESS Techhne Delta-Y Electric Preferred Sales Ft Worth, TX Sedgewlckvllle, MO Arlington, TX Cummins Utility Temple, Inc Pnester Supply Ft Worth, TX Corinth, TX Arlington, TX ESTIMATED SCHEDULE OF PROJECT. Dehvery vanes from 56 to 84 days depending upon the ~tem ordered FISCAL INFORMATION Transformers wall be ordered on an as needed bas~s, from Working Capital inventory account (710-043.0582-8701) and then charged to the appropriate work order as the transformers are ~nstalled Respectfully submitted Tom Shaw, C P M, 349-7100 !Purchasing Agent Attachment 1 Tabulatmn Sheet ' 1472 Agenda ATTACHMENT 1 Bid Evaluation - Btd Number 2581 TR.-INX OH IOKVA 120/240 Vendor / Mfg Cost TNL TL£ Deltvery Evaluated Cost Tec~hne Inc /Howard Industries $415 00 38 72 56 $808 40 WESCO /ABB $345 00 39 98 42 $828 30 Cummins Utlhty / Kuhlman $383 00 47 84 70 $852 90 Pr~ester Supply Co / Cooper Power Systems $368 00 35 112 70 $881 10 Temple Inc / G E $306 00 38 131 70 $894 10 Detta-Y Electric /Delta Y Electric $395 00 52 90 70 $905 20 Preferec~ Sales / Central Maloney $457 00 44 80 77 $911 40 Dealers Electrics / Square D $399 00 50 200 21 $1 264 00 TRANX OH 15KVA 120/240 Vendor / Mfg Cost TNL T£L Dehvery Evaluated Cost Techhne Inc /Howard Industries $504 00 61 87 56 $1 041 20 Cummins Utlhty /Kuhlman $481 00 65 97 70 $I 067 60 Prefered SaJes /Central Maloney $541 00 59 91 77 $1 124 20 WESCO /ASS $398 00 39 176 70 $1 138 70 Pr~ester Supply Ca / Prlester Supply Co $409 OD 48 166 70 $1 153 60 melta-Y Electr]c / Delta-Y Electric $452 00 76 134 70 $1 205 80 Temple Inc /G E $338 00 54 239 70 $1 348 10 Dealers Electrics /Square D $435 00 60 250 21 $1 506 00 TRAN.¥ OH 25KVA !20/240 Vendor / Mfg Cost TNL TLL Dehvery Evahtated Cost Techhne Inc ~ Howard Industries $586 00 81 161 56 $1 449 40 Cummins Ubhty /Kuh~man $573 00 76 173 70 $1 455 50 Prefered Sales / Central Maloney $656 00 84 154 77 $1 508 60 Pnester Supply Co / Cooper Power Systems $584 00 75 207 70 $1 574 60 Delta Y Electric / Delta Y Electnc $568 00 91 209 70 $1 630 80 WESCO /ASB $470 00 68 274 42 $1 653 00 Temple Inc /G E $475 00 72 272 70 $1 667 tlO Dealers Electrics /Square D $536 00 85 240 21 $1 676 50 TtL4NX OH 50KVA 120/240 Vendor / Mfg Cost TNL TLL Dehverv Evaluated Cost Prefered Sales / Central Maloney $916 00 145 250 77 $2 335 50 WESCO /ABB $840 00 101 344 42 $2 389 30 Tec~hne Inc /Howard Industries $902 00 142 275 56 $2 391 70 Cummins Utlhty / Kuhlman $882 00 137 298 70 $2 427 10 Temple Inc /G E $855 00 122 364 70 $2 556 40 Delta Y Electric / Delta Y Electric $847 00 135 365 70 $2 605 00 Pr~ester Sopply Co / Cooper Power Systems $798 00 117 445 70 $2 746 20 Dealers Electrics / S(luare D $794 00 160 550 21 $3 265 00 TRANX OH 75KVA 120/240 Vendor / Mfg Cost T~V£ T££ Dehvery £valuated Cost Prefered Sales /Central Maloney $I 257 00 210 310 77 $3 141 00 Techhne inc / Howard Industries $1 313 00 189 373 56 $3 318 80 Cummins Utthty / Kuhlman $1 253 O0 202 380 70 $3 335 20 WESCO /ABB $1 08000 156 517 42 $342570 Delta Y Electnc /Delta Y Electric $1 280 00 ~ 147 515 70 $3 582 20 Temple Inc /GE $1 18400 160 581 70 $375730 Pnester Supply Co / Cooper Power Systems $1 074 00 153 748 84 $4 169 70 Dealers Electrics /Square D $1 307 00 220 800 21 $4 849 00 TRANX UG 25KV.~ 240/120 Vendor / Mfg Cost T~VL TL£ Dehvery Evaluated Cost Techhne Inc /Howard Industries $883 00 79 150 56 $1 701 90 Prefered SaLes / Central Maloney $872 00 85 153 77 $1 725 40 WESCO /ABB $958 00 71 166 84 $1 796 90 Pnester Supply Co / Cooper Power Systems 81 034 00 63 181 70 $1 889 60 Deaters E]ect'r~cs /Square D $1 149 00 85 340 28 $2 619 50 TIL4NX UG 50KV4 240/120 Vettdor / Mfg Cost TNL T££ Dehvery Evaluated Cost Techhne Inc /Howard Industnes $1 140 00 128 278 56 $2 582 20 WESCO /ABB $1 235 00 138 245 84 $2 609 30 Prefered Sales /Central Maloney $1 236 00 I 145 251 77 $2 658 80 Cummins Utlhty /Kuhlman $1 363 00 ~ 136 267 84 $2 801 70 Pnester Supply CO /Cooper Power Systems $I 119 00 I 119 374 70 $2 841 10 Delta Y E[ectnc / Delta-Y Electric $1 147 00 135 365 70 $2 905 00 Temple Inc /G E $1 030 00 116 425 63 $2 908 10 Dealers E[lectncs / Square D $1 398 00 ' 160 550 28 $3 869 00 TRAN¥ UG 75KVA 240/120 Vendor / Mfg Cost TNL T£L Dehvery Evaluated Cost Prefered Sales /Central Maloney $1 450 00 210 303 77 $3 310 90 Techhne Inc / Howard Industries $1 429 0O 174 378 56 $3 389 80 - 4 WESCO /ABB $1 420 00 I 170 404 84 $3 450 20 Pnester SUpply Co / Cooper Power Systems $1 440 00 I 157 432 70 $3 509 30 Cummins Ubhty / Kuhlman $1 664 00 I 202 316 84 $3 535 00 De+ta Y Eiectnc / Dalta-Y Electnc $1 452 nO 147 515 70 $3 754 20 Temple Inc /GE $1 11900 I 158 697 63 $393490 Dealers Electncs / Square D $1 678 00 220 800 28 S5 220 00 TIL-INX UG IOOKVA 240/120 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Prefered Sales /Centra~ Maloney $1 922 00 261 352 77 $4 153 70 Cummins Ubhty /Kuhlman $1 951 00 213 413 84 $4,187 20 Techllne Inc /Howard industries $1 870 00 239 476 56 $4 220 70 WESCO /ABB $1 722 00 223 502 84 $4 292 90 Pnester Supply Co /Cooper Power Systems $1 648 00 168 681 70 $4 584 10 Delta Y Electnc / Delta-Y Electnc $1 772 00 248 802 70 $4 775 40 Temple Inc /G E $1 287 00 214 902 83 $5 141 00 Dealers Electrics /Square D $1 969 00 230 1200 28 $6 872 00 TRANX UG 167KV4 240/120 Vendor / Mfg Cost TNL TLL Dehvery Evahtated Cost Techl~ne Inc / Howarcl rndustnes $2 394 00 333 743 56 $6 211 20 Prefered Sales /Central Maloney $2 221 00 319 818 77 $6 228 30 Cummins Utility / Kuhlman $2 085 00 292 951 84 $6 420 50 WESCO /ABB $2 184 00 325 950 84 $6 651 50 Delta Y Electric / Delta Y Etectnc $2 205 00 370 965 70 $6 906 50 Pnester Supply Co / Cooper Power Systems $1 7'63 00 285 1330 70 $7 ;320 50 Temple Inc /GE $210800 ~ 275 1349 63 $768720 Dealers Eie(ttrlcs /Square O $2 716 00 350 1500 28 $9 101 00 TRANX UG PI67KE,I 480Y/240 ~--~-~ ~ Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Cummins Utility / Kuhlman $2 267 00 334 662 84 $5 821 00 Tect~llne Inc / Howarq inet $2 200 00 343 766 56 $6 1:34 10 Prefered Sales /Central Maloney $2 243 00 319 817 77 $6 247 00 WESCO /ABB $2 450 00 325 864 84 $6 633 70 Delta Y Electric / Delta-Y Etectnc $2 345 00 ~ 385 927 70 $6 982 60 Pr~ester Supply Co / Cooper Power Systems $1 898 00 I 241 1596 70 $7 952 90 Dealers Electrics / Square O $2 819 00 350 1500 28 $9 204 00 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Prlester Su0ply Co / Cooper Power Systems $3 365 00 246 482 70 $5 064 2o Fred Oberlender & As / Pauwels Transformers I $3 574 00 220 518 70 $6 185 40 -- ~ates ~, , Delta Y Electric / Delta Y Electnc $3 240 00 207 842 70 $6 207 30 Temple Inc / G E $4 546 00 84 409 63 $6 240 10 Techl~ne Inc /Howard Industries $3 707 00 220 528 70 $6 351 40 WESCO /ABB $3 995 00 234 456 84 $6 459 20 Dealer Electrics /Square D $4 014 00 225 1200 42 $8 896 50 TRANY 3PH UG 112 5kVA 208Y/120 Vendor / Mfg Cost TNL TILL Deltvery Evaluated Cost Pr~ester Supply Co / Cooper Power Systems S3 Sl 7 00 320 739 70 $7 367 70 Temple Inc / G E $5 078 00 10S 609 63 $7 520 30 Fred Oberlender & AS / Pauwels Transformers I $3 913 00 259 781 70 $7 552 20 ~ociates ~ 1 Tecnhr~e Inc / Howard Industnes $4 338 00 292 648 70 $7 571 60--- WESCC /ABB $4 484 OD 300 623 84 $7 749 90 Delta Y Electnc / Delta Y Electric $3 650 00 317 948 70 $8 078 10 Dealer Etectncs / Square D $4 492 00 395 1550 42 $11 226 50 TR. tN), 3PH UG 150KVA 208~/120 , Vendor / Mfg Cost TNL TL£ Dehvery Evaluated Cost Pnester Supply Co /Cooper Power Systems $4 161 00 409 862 70 $8 682 50 Free Oberlender & AS / Pauwels Transformers I $4 572 00 355 826 70 $8 753 30 -~oc~ates De~ta Y Electnc / Delta Y Electric $3 948 00 320 1120 70 $8 956 00 WESCO /ABB $4 368 00 399 906 84 $8 993 70 Tec~hne Inc /Howard Industries $4 748 00 365 843 84 $9 026 40 ~ernp~e [nc / G S $5 188 00 106 1074 63 $9 166 80 Dea~er E~ectr~cs / Square D $5 025 (}0 400 1600 42 $11 945 00 TRANX 3PH UG 225kV.4 208Y/120 Vendor / Mfg Cost ~ TNL TLL Dehvery Evaluated Cost Temple Ina /GE $641900 188 1074 63 $1073400 Pnester Supply Co /Cooper Power Systems $4531 00 589 1259 70 $11 10060 Delta-Y Electric / Delta-Y Electric $4 485 00 520 1398 70 $11 230 40 Frsd Oberlender & As / Pauwels Transformers i $549100 455 1193 70 $1129340 Techtme Inc / Howard Industnes $5 948 00 458 1173 70 $11 696 70 WESCO /ABB $5 153 00 477 1464 84 $11 939 90 Dealers Electrics / Square D $6 027 00 450 3000 42 $17 772 00 TR.4NX 3PH UG 300KVA 208Y/120 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Temple lng /G E $8 188 0o 253 1253 63 $13 360 20 Fred Oberlender & As / Pauwels Transformers I $6 414 00 540 1543 70 $13 719 90 Pnester Supply Co / Cooper Power Systems $5 105 00 705 1756 70 $13 790 30 WESCO /ASB $5 332 00 802 1534 84 $13 862 40 Delta-Y Electnc /Delta-Y Electnc $4 840 00 529 2120 70 $14 004 90 Techhne [nc /Howard Industries $6 968 00 568 1578 70 $14 504 2~ Dealers Electrics / Square D $6 379 00 470 3180 42 $18,800 00 TRANX 3PH UG 500KVA 208Y/120 Vendor / Mfg Cost , TAIL TLL Dehvery Evaluated Cost Delta Y Eiectrtc / Delta-Y Electric $6 610 00 845 2780 70 $19 248 50 Frec~ Oberlender & As / Pauweis Transformers I $8 464 00 793 2423 70 $19 711 20 WESCO /ABB $7 848 00 869 2598 84 $19,984 30 Pnester Supply Co /Cooper Power Systems $7 298 00 1074 2592 70 $20 255 00 Temple Inc /G E $8 474 00 ~ 254 3365 63 $20 619 90 Techhne Inc / Howard Industries $8 302 00 894 2766 84 $21 095 20 Dealers Stectncs / Square D $8 792 00 880 5100 42 $29 230 00 TRMNX 3PH UG 7SOKVA 208Y/120 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Delta-Y Eiectnc / Delta-Y Elactnc $8 174 00 1240 3735 70 $25 583 50 Temple Inc /G E $12 829 00 293 4822 63 $29 942 90 Fred ObertSnder & As / Pauwets Transformers I $11 364 00 I 833 4717 70 $30 345 40 WESCO /ABB $10 468 00 953 4894 84 $30 525 50 Pr~ester Supply Co /Cooper Power Systems $9 745 00 -T .... 1333 5098 70 $32 033 70 Tt~ VXS 3PH UG 112 5kVA 480Y/277 Vendor / Mfg Cost i TNL TLL Delivery Evaluated Cost Prlester Supply Co / Cooper Power Systems $3 804 00 317 631 70 $7 186 00 Fred Oberlender & AS / Pauwels Transformers I $4 216 00 257 651 70 $7 418 00 Temple Inc /GE $511900 I 106 583 63 $747750 WESCO__ /ABB S4 417 00 184 993 84 $8 448 30 Dealers E ac*tics / Sc!uare D S4 492 00 I 395 1550 42 $1122650 TIL~ \ iS 3PHUG 150KV4 480Y/27' Vendor / Mfg Cost TNL T£L Dehvery Evaluated Cost Prrester Supply Co /Cooper Power Systems $4 138 00 416 756 70 $8 338 40 Fred Oberlender & As / Pauwels Transformers I $4 667 00 I 330 775 70 $8 577 50 Delta Y E~ectnc /Delta-Y Electric $3 909 00 i 325 1080 70 $8 805 50 Tach[ina Inc / Howard Industries $4 626 00 365 819 70 $8 825 20 WESCO /ABB S5 033 00 I 341 743 84 $8 883 00 Ternpie Inc /G E $5 130 00 106 1033 63 $8 973 50 Dealers E~ecrrlcs / Square D $5 028 00 400 1600 42 $11 948 00 TR~tN.¥$ 3PH UG 300KVA 480Y/277 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Temple Inc /G E $7 919 00 260 1029 63 $12,380 70 Pnester Supply Co /Cooper Power Systems $5 090 00 739 1415 70 $12,789 40 WESCO /ABB $6 180 00 666 1245 84 $13,019 10 Fred Obedender & As / Pauwels Transformers I $5 836 00 510 1575 70 :=soc~ate _s--~--___ __ _Tzc--- $13 124 50 Delta-Y Electnc /Delta-Y Electnc $4 795 00 599 1825 70 $13 273 40 /Howard Industries $6 930 00 572 1368 70 $13 789 60 Dealers Electrics /Square D $6 379 00 470 3100 42 $18 536 00 TRANX$ 3.PH UG 500KVzJ 480Y/277 Vendor / Mfg Cost TN£ TLL Dehvery Evaluated Cost Prlester Supply Co / Cooper Power Systems $6 865 00 1031 2182 70 $18 292 70 Delta-Y Electdc /Delta-Y Electric $8 575 00 877 2465 70 $18 305 20 -- Fred Oberlender & As /Pauwels Transformers I $7 982 00 821 2117 70 $18 334 20 Temple Inc /G E $8 168 00 260 2798 63 $18 467 40 Tecnhne Inc / Howard Industries $8 544 00 957 2133 84 $19 506 60 Dealers Eiectrrcs /Square D $8 389 00 880 5100 42 $28 827 00 T]L-!N¥S 3PH UG 750KVA 480Y/2 77 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Delta Y Electnc / Delta Y Electnc $8 070 00 1105 3750 70 $24 975 50 Fred Oberlender & As / Pauwels Transformers I $10 789 00 902 3613 70 Temple Inc /G E $12 198 00 315 3990 63 $26 656 50 Pr~ester Supply Co / Cooper Power Systems $8 905 00 1223 4141 70 $27 584 60 Techhne Jnc / Howard Industries $1261900 1152 3177 70 $2782630 WESCO - ~ -- -- -- -- Dealers Electrics /Square O $10 769 00 1200 6800 42 $38 129 00 TRAN¥S 3PHUG IO00KV~ 480Y/277 Vendor / Mfg Cost T]VL TLL Deltvery Evaluated Cost Delta Y Electnc /Delta-Y Electrm $11 350 00 1365 4690 70 $32 423 50 Fred Oberlender & As / Pauwels Transformers i $1218700 1140 4812 70 $3274060 Temple Inc / (3 E $13 417 00 423 5658 63 $33 822 70 WESCO /ABB $11 968 00 1184 5313 84 $34 355 30 Techhne [no /Howard Industries $13 719 00 1320 4713 84 $34 683 90 Dealers Electrics /Square D $11 792 00 1250 11000 42 $53 217 00 TIL4NXS 3PH UG 1500KVA 480Y/277 Vendor / Mfg Cost TNL TLL Dehvery EvaluatedCoat Fred Oberlender & AS / Pauwels Transformers I $16 343 00 1672 6881 70 $45 905 50 WESCO /ABB $14 097 00 1668 8016 84 $47 378 60 Temple Inc /G E $16 844 00 554 8643 83 $47 637 30 Pnester Supply Co / Cooper Power Systems $15 851 00 2028 7637 98 $49 367 90 T]L t VIS 3PH LG 2500KVA 480Y/277 Vendor / Mfg Cost TNL TLL Dehvery Evaluated Cost Delta Y Electric / Delta-Y Electnc $21 465 00 2090 12000 70 $69 834 00 Temple Inc /G E $22 144 00 2780 12188 63 $73 762 40 WESCO /ABB $18 029 00 2790 14337 84 $76 780 10 Pr~ester Supply Co /Cooper Power Systems $24 886 00 2996 12783 98 $79 353 50 Frea Oberlender & AS / Pauwels Transformers J $19 427 00 1947 15752 70 ~oc~a~es ~__ $79 391 30 Tecnhne Inc /Howard Industnes $19 380 00 2704 14910 70 $79 669 40 Dealers Electrics /Sduare D $28 113 00 3000 19500 56 $102 783 00 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR DISTRIBUTION TRANSFORMERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2581 - ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN TItE ESTIMATED ANNUAL AMOUNT OF $960,0OO) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase o£ necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rcwewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or servmes as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the City Council has provided ~n the City Budget for the appropnatlon of fl~nds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTi[ON I That the numbered ~tems in the £ollow~ng numbered bids for materials, equipment, supplies, or services, shown in the "B~d Proposals" on file m the office of Purchastng Agent, axe hereby accepted and approved as bmng the lowest responsible bids for such items B~D VENDOR EXHIBIT A 2581 Techhne, Inc 1,2,3,6,7, I 0 2581 Preferred Sales 4,5,8,9 2581 Cummins Utlhty 11 2581 Pnester Supply 12,13,14,19,20,22 2581 Temple Inc 15,16,21 2581 Delta-Y Electric 17,I 8,23,24,25,26 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty accepts the offer of the persons submitting the Nds for such items and agrees to purchase the materials, equipment, supphes ,or servtces in accordance w~th the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invttatlons, Bid Proposals, and related documents SECTION III That should the C~ty and persons submlttmg approved and accepted items and of the subm,tted bids wlsh 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 ts hereby authorized to execute the ~wltten contract wNch shall be attached hereto, provided that the written contract is in accordance with the terms conditions, spec~ficattons, standards, quantities and specified sums contained ~n the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor In the amount and m accordance w~th. the approved btds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mme&ately upon its passage and approvaI PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2581 SUPPLY SERVICES ORDINANCE 2001 BID 2581 ORI qNANCE EXHIBI' A Evaluated Descnpt,on D~stnbutor Manufacturer Cost i Cost OH D~strlbutlon Transformers 1 10 kVA 120/240 Volts :Techhne Inc -toward Industries 415 808 2 15 kVA 120/240 Volts Techhne Inc -Ioward Industries 504 1041 3 251kVA 120/240 Volts Techhne Inc 4oward Industries 586 1449 4 501kVA 120/240 Volts Prefered Sales ;entral Maloney 916 2335 5 75,kVA 120/240 Volts Prefered Sales ~'entral Maioney 1257 UG S~n~l e-phase Transformers 3141 6 25;kVA 240/120 Volts Techl~ne Inc -Ioward Industries 883 1701 7 50'kVA 240/120 Volts Techl~ne Inc -Ioward Industries 1140 2582 8 75 kVA 240/120 Volts Prefered Sales ;entral Maloney 1450 3310 9 100 kVA 240/120 Volts Prefered Sales ~,entral Maloney 1922 4153 10 16'7 kVA 240/120 Volts Techl~ne Inc 4oward Industries 2394 6211 11 167 kVA 480/240 Volts Cummins Utlhty (uhlman 2267 5821 UG Three-Phase Transformers 12 75 kVA 208Y/120 Volts Pnester Suppl~, ;ooper Power Systems 3365 5964 13 1:1 5 kVA 208Y/120 Volts Pnester Supply ~.ooper Power Systems 3617 7367 14 15~ kVA 208Y/120 Volts Prlester Supply ~ooper Power Systems 4161 8682 15 22¢ kVA 208Y/120 Volts Temple Inc ~ E 6419 10734 16 300 kVA 208Y/120 Volts Temple Inc ~ E 8188 13360 17 500 kVA 208Y/120 Volts Delta-Y Electric )elta-Y Electric 6610 19248 18 75(D kVA 208Y/120 Volts Delta-Y Electnc )elta-Y Electric 8174 25583 19 , 11:2 5 kVA 480Y1277 Volts Prlester Supply ~ooper Power Systems 3804 7186 20 151~ kVA 480Y/277 Volts Prlester Supply ;ooper Power Systems 4138 8338 21 30(, kVA 480Y/277 Volts Temple Inc E 7919 12380 22 50(, kVA 480Y/277 Volts Pnester Supply ;ooper Power Systems 6865 18292 23 75(, kVA 480Y/277 Volts Delta-Y Electric )elta-Y Electric 8070 24975 24 1000 kVA 480Y/277 Volts Delta-Y Electric )elta-Y E[ectnc 1350 32423 25 1500 kVA 480Y/277 Volts Delta-Y Electnc )elta-Y Electnc 15200 44988 26 2500 kVA 480Y/277 Volts Delta-Y Electnc )elta-Y Electric 21465 69634 prch/tabsheets/2581 award tab AGENDA INFORMATION SHEET Date AGENDA DATE: Janu~ 2, 2001 Quesuons concerning th~s acqu~smon may be d~rcctcd DEPARTMENT: Materials Management to C~ Tower 349-8424 ACM Kathy DuBose, F~scal and Mun~c:pal Sconces ~ SUBJECT' ~ Ordinance a~ceptmg ~ompetmve b~ds and awarding a ~on~ract for the purchase of ~ T~ck Mouated L~qmd Asphalt D~smbutor. prowdmg fo~ the expenditure of funds there~ore~ and effeetwe date (B~d 2583 - Tm~k Moun~ed Asphalt D~st~butor awarded to Peterbdt prowdmg Motors Comply m the ~ount of $107~9~3) BID INFO~ATION: Th~s b~d ~s ~or ~he purchase o~ ~ tm~k mo~ted hqmd asphalt d~st~butor The umt ~s used primely m the renov~tm~ ~d mp~r o~ ~ty streets lit h~s a 2~000-gallon ~apa~ty t~ a 400- g~llon per minute pump~ a~d a 20-~oot long spray b~ The tm~k ~s ~ ~5~000 GVW conventional ~b d~esel powered Peterbdt model 330 ~cluded m,~he b~d p~ce ~s an extended wa~ty ~d a Pro-L~ dm~osU~ tool k~t ~COMM~NDATION We recommend ~h~s b~d be awarded to the lowest responsible b~dder~ Peterbdt Motors Co ~n the amount P~NC~PAL PLAC~ OF BUSINESS. Peterbdt Motors Co Denton, TX ~STIMAT~D SCH~DUL~ OF PROJECT' Th~s umt ~n be dehvered m ~pprox~mately 90 days of the first week of Ap~l 2001 FISCA~ INFO~ATION' Th~s t~k ~d body w~ll be funded ~rom 2000-2001~ Motor Pool funds account (720-025-05g4- Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhastng Agent Attac~ent 1 Tabulatton Sheet ~485 Agenda ATTACHMENT 1 TABULATION SHEET BID # 2583 Date 12/5 / 2000 TRUCK MOUNTED LIQUID ASPHALT DISTRIBUTOR No l Qt¥ I DESCRIPTION VENDpR VENDOR VENDOR Conley Lott Dallas Peterbdt No B~d N~ch01s Respondents Principle Place of Business Dallas, TX Denton, TX Truck Mounted L~qu~d Asphalt $104,470 $104,056 Romco 1 1 D~stnbutor Extended Warrant 7 Yr $3,520 $1,000 H D Industries 100,000 miles 2 1 Pro-L~nk Diagnostic Tool Kit Included $2,533 Bane 3 1 Total B~d $107,990 $107,933 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BiDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED LIQUD ASPHALT DISTR]]3UTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROV12DING AN EFFECTIVE DATE (BD 2583 - TRUCK MOUNTED ASP~IALT DISTILl13UTOR AWARDED TO PETERBILT MOTORS COMPANY IN THE AMOUNT OF $107,933) WHEREAS, the C~ty has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or serv~ces,~n accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated em_ployee has reviewed and recommended that the hereto described bids are the lowest responslble bt~s for the materials, equipment, supplies or services as shown m the "Btd Proposals" submitted therefore, and WHEREAS, the Ctty Cotm¢fl has provided tn the C~ty Budget for the appropnatton off'ands to be used for the purchase o£the materials, eqmpment, supplies or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF TIlE CITY OF DENTON HE1LEBY ORDAINS SECTION I That the numbered ~tems m the following numbered bids £or materials, eqmpment, supphes, or services, shown m the "Bid Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids £or such Items BID VENDOR AMOUNT 2583 Peterbilt Motors Company $107,933 SECTION E That by the acceptance and approval of the above numbered ,terns of the submitted Ntis, tl~e C~ty accepts the o££er of the persons~submittmg the Ntis for such ~tems and agrees to purcb, ase the materials, eqmpment, supplies or services m accordance wtth the terms, spec~ticat~ons, standards, quanttttes and for the specified sums contained m the B~d Inwtat~ons, Bid Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted items and o£ the submitted Nds wlsh to enter rotc a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract ts tn accordance with the terms, condmons, specifications, standards, quantities and specified sums contained m the Bid Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the subrmtted Ntis, the C~ty Council hereby authortzes the expenditure of funds therefor m the amount and m accordance w~th the approved bids or pursuant tO a written contract made pursuant thereto as authorized hereto SECTION V That this ordinance shall become effective ~mmedtately upon its passage and approval PASSED AND APPROVED this. day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY z 2583 - SUPPLY ~.t~R 2001 AGENDA INFORMATION SHEET Data ~/~/P/ AGENDA DATE: January 2, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Cary Tower 349- 8424 ACM Kathy DuBose, Fiscal and Mumclpal Services ~'~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of a Vibratory Roller, providing for the expenditure of funds therefore, and providing an effective date (Bid 2584 - Vibratory Roller awarded to ClemOns Tractor Co, in the amount of $34,606 with a buy back offer of $23,000 for a 36 month cost bf$11,606) BID INFORMATION This bid is for the purchase of a tandem wheel vibratory roller The unit is used primarily for street maintenance and construction It will replace an older unit that is no longer economical to repair The buy back requirement gives the City of Denton a fixed cost for 36-month ownership and a guaranteed buy back at the end of that time This approach lowers the impact on budget funds and gives us access to current equipment Thelsuppher will repurchase this unit in March of 2004 RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder after application of the buy back provision, Clemons Tractor Co in the amount of $11,606 Actual cost is $34,606, less the buy back offer of $23,000, th~s equals a net cost of $1,1,606 for 36 months PRINCIPAL PLACE OF BUSINESS Clemons Tractor Co Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT' The roller can be delivered ~n 60 to I00 days or apprommately the first week in April 2001 FISCAL INFORMATION: This unit will be funded from 2000-2001 Motor Pool fund account (720-025-0584-9102) ATTACHME~T 1 TABULATION SHEET B~d # 2584 Date 11/21/00 VIBRATORY ROLLER No IQt¥1 DESCRIPTION VENDOR 'VENDOR VENDOR VENDOR DARR CLEMONS NICHOLS NO BID EQUIPMENT TRACTOR MACHINERY Pnnc~ple Place of Business FORT WORTH, TX FORT WORTH, TX DALLAS, TX VIBRATORY DRUM BANE 1 $51,731 $34,606 $33,300 1 ROLLER BASE BID MACHINERY Guaranteed Buy Back at BUY BACK 36 Months $21,500 $23,000 NOT RDO 2 AVAILABLE Total Expenditure after Buy $30,231 $11,606 N/A Back 3 Denton FOB-DENTON FOB-DENTON FOB DELIVERY 90 Days 80-90 DAYS 60-90 DAYS ORDINANCE NO AN ORDI2~ANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A VI~BRATORY ROLLER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2584 - VII3RATORY ROLLER AWARDED TO CLEMONS TRACTOR CO, IN THE AMOUNT OF $34,606 WITH A BUY BACK OFFER OF $23,000 FOR A 36 MONTFI COST OF $11,606) WHEREAS, the City has sohclted, received and tabulated competitive Nds for the purchase of necessary materials, equipment, supphes or servsces,in accordance with the procedures of STATE la~v and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has revsewed and recommended that the herein described bids are the lowest respons~ble buds for the materials, equ,pment, supphes or servmes as shown ~n the "Bsd Proposals" submstted therefore, and WHEREAS, the C~ty Council has promded m the City Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpment~ supphes or servsces approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered stems ~n the following numbered bids for materials, eqmpment, supphes, or services, shown m the "B~d Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such stems BD VENDOR AMOUNT. 2584 Clemons Tractor Co $ 34,606 SECTION II That by the acceptance and approval of the above numbered ~tems of the submstted Nds, the C~ty accepts the offer of the persons !ubmsttmg the Nds for such items and agrees to purchase the materials, eqmpment, supphes or ~servlces in accordance wsth the terms, specifications, standards, quantities and for the specsfied sums contmned In the Bid Invltatmns, B~d Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted items and of the subrmtted bids wlsh to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, the C~ty Managerlor h~s designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract ~s In accordance w~th the terms, conditions} specifications, standards, quantltms and specified sums contained m the Bid Proposal and related documents herein approved and accepted SECTION 1V That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes thc expenditure of funds therefor m the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto .SECTION V That tins ordinance shall become effecuve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s ~. day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMA*ION SHEET AGENDA DATE' J~u~ 2, 2001 ; Questions concerning th~s acquisition may be d~rected DEPARTMENT. Materials M~agement to Ca~ Tower 349-8424 ACM Kathy DuBose, Fiscal ~d Municipal Se~c~ SUBJE~T. An Ordm~ce accepting competitive b~ds ~d aw~mg a contract for the p~chase of a T~ck Mounted Brush Loader/Grappler, ~d providing t~r the expenditure of ~ds therefore, ~d prowdmg ~ effective date (B~d 2585 -Tmek ~ ~unted B~sh Loader/Grappler aw~ded to Southwest International in the ~o~t of $ 88,927) BID INFO~ATION: Th~s b~d is tot ~e p~ehase ora T~ck Mo~ted Bru~ a Loader/Grappler The ~lt is to be utilized by the Sohd Waste Dlwsion to load b~sh, ~tur~ and small 1terns le~ curbslde for recychng or disposal The ~t has a hydraulm operated claw tj pe device on the end ora 20-foot boom and a 20-loot x 8-toot x 4-foot drop body The loader/g: appler unit ~d dump body are mounted on a 35 000 GVW International T~ck Chassis RECOMMENDATION We recommend th~s bid be aw~ded to the lowest responsible bidder, Southwest Intematlonal m thc amount of $88,927 The lower price offered by COmmercial Body is a demo umt and fails to meet m~mm~ specifications The offer by ~O Tr~ck gaffs to meet minimum specifications For the truck frame strength PRINCIPAL PLACE OF BUSINESS: Southwest International McKmney, TX ESTIMATED SCHEDULE OF PRO. CT' Dch~e~y of the completed ~lt is estimated to be 90 d~ys or the first week m April 2001 F1SCAL INFO~ATION Thl~ umt, wfll be funded from 2000-2001 Motor Pool ~nd account (720-025-0584-9102) R~pectfully s~bml~ed Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BE )S AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED BRUSI~ LOADER/GRAPPLER, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2585 - TRUCK MOUNTED BRUSI-~ LOADER/GRAPPLER AWARDED TO SOUTHWEST INTERNATIONAL IN THE AMOUI~T OF $ 88,927) WHEREAS, the Ctty has sohctted, received and tabulated compettttve btds for the purchase of necessary materials, eqmpment, supphes or servmealln accordance wtth the procedures of STATE law and Ctty ordtnances, and WHEREAS, the Ctty Manager or a destgnated employee has reviewed and recommended that the hereto described btds are the lowest responstble b~ds for the materials, eqmpment, supphes or servtces as shown m the "Btd Proposals" submttted therefore, and WHEREAS, the Ctty Council has promded m t~e Ctty Budget for the appropnatton of funds to be used for the pumhase of the materials, eqmpment~ supphes or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ttems ~n the following numbered btds for materials, eqmpment, supphes, or servmes, shown ~n the "Btd Pioposals" on file m the office of Purehasmg Agent, are hereby accepted and approved as betng thellowest responstble btds for such ~tems BID VENDOR AMOUNT 2585 Southwest Interrtattonal $88,927 SECTION II That by the acceptance and approval of the above numbered ttems of the submitted b~ds, the Ctty accepts the offer of the persona submttt~ng the btds for such ttems and agrees to purchase the materials, eqmpment, supphes or, services ~n accordance w~th the terms, spemficattons, standards, quantmes and for the spectfiod sums contatned tn the Btd Inmtattons, Btd Proposals, and related documents SECTION III That should the Ctty and person~ submttttng approved and accepted ~tems and of the submttted btds wtsh to enter tnto a formal wn~en agreement as a result of the acceptance, approval, and awarding of the btds, the Ctty Manago~' or hts destgnated representattve ~s hereby authorized to execute the written contract whmh shall be attached hereto, provtded that the written contract ts tn accordance wtth the terms, condttlon~, specfficattons, standards, quantttms and spec~ fled sums contatned ~n the Btd Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes the lexpend~ture of funds therefor tn the amount and ~n accordance w~th the approved b~ds or pursuant tO a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this ,, day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2585 - SUPPLY-SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET Data I/ ,101 . AGENDA DATE' January 2, 2001 Questtons concerning this acqmsition may be directed DEPARTMENT Materials Management to Gary Matheson 349-7925 ACM Kathy DuBose, Fiscal and Municipal Servtce's-X~ SUBJECT' An Ordtnance accepting competitive btds and awarding a contract for the purchase of a supply of Pohce Tactical Vest, providing for the expendtture of funds therefore, an promdmg an effecttve date (Btd 2586 - Police Tactical Vest awarded tO Trooper Supply, Inc, tn the amount of $28,578) BID INFORMATION. Th~s b~d Is for the pumhase of 22 Police Tactical Vests The "bullet proof" vests are designed for tactical activities and have detached neck and shoulder protection, upper arm protection, groin protectton and removable I D patches These vests comply wtth the balhsttc reststance standard of the National Law Enforcement and Corrections Technology Center These vests wtll be assigned to the City of Denton Police Tactmal Team RECOMMENDATION We recommend this bid be awarded to the lowest responsible btdder, Trooper Supply, Inc tn the amount of $28,578 PRINCIPAL PLACE OF BUSINESS. Trooper Supply, Inc Houston, TX ESTIMATED SCHEDULE OF PROJECT' These vests can be dehvered in 45 days after each officer ts measured for s~ze FISCAL INFORMATION: These vests will be funded from · Law Enforcement Grant account tn the amount $14,289 · Local Matching funds tn the same amount $14,289 Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulation Sheet ATTACHMENT 1 TABULATION SHEET B~d # 2586 DATE 11/16/00 POLICE TACTICAL VESTS No I Qt~ I DESCRIPTION VENDOR VEI~IDOR VENDOR VENDOR TROOPER G T PRO SHOP CODE BLUE SUPPLY DISTRIBUTORS Pnnc~ple Place of Business HOUSTON, TX AUSTIN, TX KERRVILLE, TX BEAUMONT, TX PROTECH TRIMAX SERIES TACTICAL 22 VEST, MOBELTRIMAX3 $1,299 00 $951 59 $1,652 00 $1,155 78 1i IIA # TM-3000 PRO TECH GROIN 22 PROTECTOR PULL Included $122~ 50 EA Included $153 21 2i DOWN FOR TM3000 PRO TECH POLICE 22 LETTERING 2" FOR Included $9 50 Included $14 54 3! TM3000 PRO TECH MODULAR 22 WES POCKET SYSTEM Included $4'6 80 Included $58 87 4 FOR TM3000 PRO TECH 6 POCKET 22 MODULAR SET FOR Included $103 20 Included $130 48 5 TM3000 PRO TECH UPPER ARM 22 PROTECTION FOR Included $136 90 Included $173 68 6; TM3000 I DELIVERY 45 DAYS 30 DAYS 30-45 DAYS 45-60 DAYS TOTAL $28,578 00 $29,710 78 $37,004 00 $37,104 32 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUPPLY OF POLICE TACTICAL VEST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AN PRO[VIDING AN EFFECTIVE DATE (BID 2586 - POLICE TACTICAL VEST AWARDED TO TROOPER SUPPLY, INC, IN THE AMOUNT OF $28,578) WHEREAS, the City has solicited, received an{l tabulated competitive bids for the pumhase of necessary materials, eqmpment, supplies or services,~n 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 bids are the lowest responsible blds for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted thbrefore, and WHEREAS, the City Council has provided in the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted hereto, 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 2586 Trooper Supply, Inc $ 28,578 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons1 submitting the bids for such items and agrees to purchase the materials, equipment, supphes or services ~n accordance with the terms, specifications, standards, quantities and for the speclfiod sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and person~ 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained ~n the Bid Proposal and relamd documents herein approved and accepted SECTION IV That by the acceptance and aEproval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes th~expen&ture of funds therefor m the amount and ~n accordance w~th the approved b~ds or pursuant t~ a written contract made pursuant thereto as authonze~d hereto SECTION V That th~s or&nance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thts I day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2586 - SUPPLY-SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET w z AGENDA DATE January 2, 2001 Questmns concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM. Kathy DuBose, Fiscal and Mummpal Servmes--~'-~ SUBJECT: An Ordinance accepting competitive bids and awai'dlng an annual contract for 15kV Fused Enclosures, providing for the expenditure of funds }herefore, and prowd~ng an effective date (Bid 2592 - Fused Enclosures to Temple, Inc for abm one in the amount of $3,949 each, and Malton Equipment c/o Len T Deloney for item two in the amount of $5,579 each, estimated annual expend~tttre is $60,000) BID INFORMATION. This b~d is for the annual contract to supply 15kV fused enclosures Fused enclosures are utthzed ~n the maintenance and new construction of the electric distribution system These enclosures are padmounted, three phase, 15kV, 200 amp continuous current and meet the latest ANSI and IEEE standards RECOMMENDATION We recommend this annual contract be awarded to th~ lowest responsible b~dder as listed below ITEM DESCRIPTION SUPPLIER PRICE 1 Single Tap 3 Fuse Temple, Inc $3,949 each 2 Dual Tap 6 Fuse Malton Equipment c/o Len T Deloney $5,579 each PRINCIPAL PLACE OF BUSINESS Temple, Inc Malton Eqmpm~nt cio Len T Deloney Connth, TX Grandbury, TX ESTIMATED SCHEDULE OF PROJECT. · Dehvery for Item I is quoted to be 84 days · Delivery for Item 2 ~s quoted to be 60-75 days Agenda Information Sheet January 2, 2001 Page 2 FISCAL INFORMATION. Funding for these fused enclosures ~s avmlabl¢ from 2001 Revenue Bond account (656-080- RB01-3670-9221-C100301B) Respectfully subm~tred Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1475 Agenda ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE ,BIDS AND AWARDING AN ANNUAL CONTRACT FOR 15KV FUSED ENCLOSURES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2592 - FUSED ENCLOSURES TO TEMPLE, INC FOR ITEM ONEiIN THE AMOUNT OF $3,949 EACH, AND MALTON EQUIPMENT C/O LENT DELONEY FOR ITEM TWO IN THE AMOUNT OF $5,579 EACH, ESTIMATED ANNUAL EXPENDITURE IS $60,000) WHEREAS, the C~ty has sohclted, received anti tabulated competitive b~ds for the purchase of necessary materials, equipment, supplies or serwcei m accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended that the herein described b~ds are the lowest responsible bids for the materials, equipment, supphes or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Councd has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment~ supplies or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered b~ds for materials, eqmpment, supplies, or services, shown m the "B~d Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the I lowest responsible bids for such ~tems BID ITEM VENDOR AMOUNT 2592 1 Temple Inc $3,949 Each 2592 2 Malton Eqmpment c/o Len T Deloney $5,579 Each S~ECTION II That by the acceptance and approval of the above numbered items of the submitted b~ds, the City accepts the offer of the personsl submitting the bids for such ~tems and agrees to purchase the materials, equipment, supplies or, services m accordance with the terms, specifications, standards, quantmes and for the specified sums contained ~n the B~d InvltaUons, B~d Proposals, and related documents SECTION Il/ That should the City and persons submlttlng approved and accepted ttems and of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract ~s an accordance w~th the terms, condmon$, spec~ficatlons, standards, quantmes and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in aecordance with the approved b~ds or pursuant Go a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this, day of ~ 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2592 - SUPPLY-SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET AGENDA DATE: Sanuary 2, 2001 Qucstmns concerning flus acqms~tmn may be d~rected DEPARTMENT: Mmermls M~agement to C~ Tower 349-8424 ACM. Ka~y D~ose, F~sefl ~d M~mpfl Se~me SUB.CT' An Ordin~ee accepting compet~ave b~ds ~d aw~d~ng a con.act for ~e p~chase of a Loader/Bac~oe Tractor, prowdmg for effective date (B~d 2593 - Loader~ac~oe Tractor a~ded to Continental Eqmpment Co, L P, m the ~o~t of $73,755 with buy back offer of $45,~00 for a 36 month cost of $28,755) BID INFO~ATION: Th~s b~d ~s for ~e p~chase of a 90 horsepower, 20' &gg~ng dep~, fo~ wheel ~ve loader bac~oe ~e ~t ~s a fleet add~tmn (w~th 24" ffenc~g bucket ~d extended w~), ~d w~ll be ~s~g~ed to ~e Elecffm D~s~butmn D~wsmn Th~ b~d included a g~teed buy back offer reqmrement for r~p~ch~e of ~e machine at ~e e~d of a 36-month period At ~t t~me, the suppher w~ll rep~chase ~e machine ~om ~e C~W 6f Denton at a predete~ned ~o~t ~s reduces ~ cost of operatmns ~d ~s~sts ~n keeping ~ fleet cu~ent ~COMMENDATION We recommend flus b~d be aw~ded to ~e lowest responsible b~dder, Continental Eqmpment Co, L P ~n the ~o~t of $73,755 less the $45,000~uy back reqmrement, for a 36-mon~ cost of $28,755 P~NCIpAL PLACE OF BUSINESS: Com~nental Eqmpment Co, L P Dall~, ~ ESTIMATED SCHEDULE OF PRO.CT: Dehve~ of ~s loader~ac~oe ~s estimated to be 30 idays after receipt of ~ order or ~e second week of Febm~ 2001 FISCAL INFO~ATION: The acqms~t~on of flus ~t ~11 be ~ded ~om MoOr Pool ~d accost (720-025-0584-9102) ~n the ~11 mo~t of $73,755 Agenda Information Sheet January 2, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1487 Agenda ATTACHMENT 1 I TABULATION SHEET ~d # 2593 ' Date 11/28/00 KHOE TRACTOR 'No Qt}f DESCRIPTION VENDOR VENDOR VENDOR VENDOR G & G CONTINENTAL FUTURE No B~d TRACTOR EQUIPMENT EQUIPMENT Pnnciple Place of Business DENTON, TX DALLAS, TX EULESS, TX LOADER/BACKHOE, 90 HP CLASS, 20' DIGGING DEPTH WITH Darr 1 EXTENDED DIGGING STICK, $64,538 $70,700 $77,713 Equipment 1 4 WHEEL DRIVE REQUIRED GUARANTEED BUY LOT BACK AGREEMENT $32,269 $45,000 $44,713 Z~mmerer 2 (SECTION XVl) Kubota Total After Buy Back $32,269 $25,700 $33,000 3 , EA OPTIONAL EQUIPMENT 24' TRENCHING BUCKET $775 $1,200 $900 4 I OPTIONAL 5 YEAR/5,000 HR EXTENDED WARRANTY $3,757 $1,755 $4,936 5 Total 36 Month cost w~th Bucket, 6 Warranty and Buy Back $36,801 $28,655 $38,836 I DELIVERY 120 DAYS 30 DAYS 60 DAYS 7 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BI~)S AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKHOEI TRACTOR, PROVIDING FOR THE EXPENI~ITURE OF FUNDS THEREFORE, AND I~ROVIDING AN EFFECTIVE DATE (BID 2593 - LOADER/BACKHOE TRACTOR AWARDED TO CONTINENTAL EQUIPMENT CO, L P, IN THE AMOUNT OF $73,755 WITH BUY BACK OFFER OF $45,000 FOR A 36 MONTH COST OF $28,755) , WHEREAS, the Ctty has sohc~ted, received an(t tabulated competmve b~ds for the purchase of necessary materials, eqmpment, supphes or serv~ceslm accordance w~th the procedures of STATE law and C~ty ordmances, and WHEREAS, the Ctty Manager or a designated employee has rewewed and recommended that the hereto described b~ds are the lowest responsible bli:ls for the materials, eqmpmant, suppbes or servtces as shown ,n the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Councd has prowded m the C~ty Budget for the appropnaUon of funds to be used for the purchase of the materials, eqmpmentt supphes or services approved and accepted heretn, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m tl~e following numbered b~ds for materials, eqmpment, supphes, or services, shown ~n the "B~d PrOposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems B~D VENDOR AMOUNT 2593 Continental Equipment Co, L P $73,755 SECTION II That by the acceptance and apl~roval of the above numbered ~tems of the subm~tted'b~ds, the Cxty accepts the offer of the persons~$ubmlttmg the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or 'services m accordance w~th the terms, spec~ficaUons, standards, quantities and for the spec~fietl sums contained ~n the B~d Inwtat~ons, B~d Proposals, and related documents SI~CTION III That should the C~ty and persons ~ubrmttmg approved and accepted ~tems and of the submitted b~ds w~sh to enter into a formal wnttan agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Managerlor his designated representative ~s hereby authonzed to execute the wntten contract which shall b~ attached hereto, provided that the written contract ~s m accordance w~th the terms, conditions, specifications, standards, quanUUes and specified sums contained m the B~d Proposal and related documents here~n approved and accepted SECTION 1V That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Council hereby authorizes theI expenditure of funds therefor ~n the amount and ~n accordance w~th the approved b~ds or pursuant tO a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s, day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2593- SUPPLY-SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET AGENDA DATE: January 2, 2001 Questions concerning th~s acqu~smon may be directed DEPARTMENT: Materials Management to J~m Coulter 349- 7194 ACM' Kathy DuBose, F~seal and Municipal Serwces~-x-~ SUBJECT: An Ordinance accepting compeUt~ve b~ds and awarding a contract for the purchase of a Radio Traffic S~gnal Communications System, providing tbr the expenditure of funds therefore, and providing an effective date (B~d 2595 - Radio Traffic Commumcatlon System awarded to Consohdated Traffic Controls, Inc, In the amount of $51,030) BID INFORMATION: Th~s b~d is for the acqmsmon of a radio controlled SCADA system to control existing traffic signal controllers Th~s 900mhz Radio System will allow the Traffic Control Dlws~on to commumcate with Intersections, g~vmg us the opport~m~ty to verify operation of s~gnals and also allow for better progression of traffic The requirement for 100% compaUbdlty with the existing controllers, limited the number of b~d responses received RECOMMENDATION We recommend th~s bid be awarded to the lowestI responsible bidder, Consolidated Traffic Controls, Inc ~n the total amount of $51,030 PRINCIPAL PLACE OF BUSINESS: Consolidated Traffic Controls, Inc Arhngton, TX ESTIMATED SCHEDULE OF PROJECT Most of the hardware hsted is available w~thin 15 days Software and ~nstallatlon is available w~thm 60 days Substantml completion is estimated to ~be the first week in March 2001 FISCAL INFORMATION: Ftmdmg for th~s project is available from CIP fund account (478-020-SIGL-0039-9150) Agenda Informatmn Sheet January 2, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1490 Agenda ATTACHMENT 1 TABULATION SHEET B~d Cf 2595 Date 11/28/00 RADIO TRAFFIC SIGNAL COMMUNICATIONS SYSTEMS No I Qty I DESCRIPTION VENDOR VENDOR , CONSOLI DATE D TRAFFIC NO BID Pnnc~ple Place of Bus~ness' "' ARLINGTON 1 EA MASTER RADIO CABINET TO INCLUDE 1 MASTER PANEL $1,580 00 Roadrunner 1 EA PEEK MASTER CONTROLLER TO 2 INCLUDE SPREAD SPECTRUM BOARD $6,000 00 Centerhne MASTER RADIO WITH OMNI ANTENNA 1 EA (TOWER MOUNTING HARDWARE) W/10(] $3,093 75 Paradigm 3 FT CABLE I 1 EA MASTER RADIO W/YAGI ANTENNA W/lO0 4 CABLE & W/ASTRO BRACKET $2,253 85 SPREAD SPECTRUM RADIO FOR 20 EA ISOLATED INTERSECTIONS W/YAGI ANTENNA W/150' CABLE, AND W/ASTRO $2,369 23 5 BRACKET Total B~d $60,316 20 6 I Total d~scounted price of all purchased a~ 7 one brae $51,030 00 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDs AND AWARDING A CONTRACT FOR THE PURCHASE OF A RADIO TRAFFIC SIDNAL COMMUNICATIONS SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2595 - RADIO TRAFFIC (2OMMUNICATION SYSTEM AWARDED TO CONSOLIDATED TRAFFIC CONTROLS, INCI, IN THE AMOUNT OF $51,030) WHEREAS, the City has solicited, received an[l tabulated, competitive bids for the purchase of necessary materials, equipment, supplies or services m 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 bids are the lowest responslb!e bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropnaUon of funds to be used for the purchase of the materials, equlpment~ supplies or servmes approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supplies, or services, shown m the "Bid P~oposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the I lowest responsible bids for such items BID VENDOR AMOUNT 2595 Consolidated Traffic COntrol, Inc $ 51,030 SECTION 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 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 specffi~d sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION 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 bids, the City Manage~' or his designated representative is hereby authonze,d to execute the written contract wbach shall be attached hereto, provided that the written contract is in accordance with the terms, condmons, specifications, standards, quantities and S ~ pecffied sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and a~proval of the above numbered xtems of the submated bids, the City Council hereby authorizes th~ expendxture of funds therefor m the amount and xn accordance wxth the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herexn 1 SECTION V That thxs ordxnance shall becomp effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thxs~i day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2595 SUPPLY-SERVICES ORDINANCE -2001 ~oend~ltem . ~/g AGENDA INFORMATION SHEET Oate /~/~/ '~' AGENDA DATE: Janu~ 2, 2001 Qucstmns concemzng t~s acquisition may be d~rected DEP~TMENT: Materials M~agemcnt to D~a O~]z 349-8224 ACM Kathy DuBose, F~scal ~d M~lc~pal Se~ce~ SUBJECT: An Ordinance accepting competitive bids and awardlng an annual contract for Armored Courier Service, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2598 - Armored Courier Service awarded to LoomL~, Fargo & Co, in the amount of $330 per month per site Estimated annual expenditure is $19,8~)0 or $59,400 for three years ) BID INFORMATION' This bid Is for the annual contract to supply Armored Cour~er Service for the Customer Service Division The service includes once per day pickup of deposits and drop off of change at City Hall West, City Hall East and City Hall in the Mall Deposits are delivered to our designated bank by 2 00 PM the same day RECOMMENDATION' We recommend this bld be awarded to the lowest responsible bidder, Loomls, Fargo & Co in the annual amount of $19,800 per year for a three-year to~al of $59,400 PRINCIPAL PLACE OF BUSINESS' Loomls, Fargo & Co Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT: Thls is an annual contract for the t~me periods of January 1, 2001 thru December 30, 2001 with an option for two additional one-year periods FISCAL INFORMATION: This service will be funded from the 2000-2001-budget account (620-085-0330-8502) Respectfully submitted ' Tom Shaw, C P M, 349-7100 Purchamng Agent Attachment 1 Tabulation Sheet 1492 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2598 Date 11/28/00 ARMORED COURIER SERVICE No I , Qt¥ I DESCRIPTION II VENDOR VENDOR = DUNBAR I LOOMIS FARGO ' ARMOR Principle Place of Business GRAPEVINE, TX FORT WORTH, TX PER CITY HALL WEST, 221 N ELMi $399 $330 1 MONTH DENTON, TEXAS PER CITY HALL EAST, 601 E $399 $330 2 MONTH MCKINNEY, DENTON,TEXAS CITY HALL IN THE MALL, PER GOLDEN TRIANGLE MALL, $470 $330 3 MONTH DENTON, TEXAS ORDINANCE NO , AN ORDINANCE ACCEPTING COMPETITIVE ,BDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED COURIER SERVICE, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVDING AN EiFFECTIVE DATE (BD 2598 -ARMORED COURIER SERVICE AWA_,R_DED TO LOOMIS, FARGO & CO, IN THE AMOUNT OF $330 PER MONTH PER SITE ESTI2MATED ANNUAL E~PENDITURE IS $19,800 OR $59,400 FOR THREE YEARS ) WHEREAS, the City has sohcited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein descnbed bids are the lowest responsible b~ds for the matenals, equipment, supphes or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Councd has provided in the City Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpmem, supplies or services approved and accepted hereto, NOW, THEREFORE, THE COUNCBL OF THE CITY OF DENTON HERI~BY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supphes, or services, shown In the "B~d Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BD VENDOR AMOUNT 2598 Loomls, Fargo & Co $19,800 per year SECTION lI That by the acceptance and approval of the above numbered items of the submitted Nds, the City accepts the offer of the personi submitting the bids for such ~tems and agrees to purchase the materials, eqmpment, supphes or services m accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the Ctty and person~ submitting approved and accepted items and of the submitted bids wish to enter ~nto a formal Whiten 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 whmh shall ~be attached hereto, prowded that the written contract is in accordance with the terms, oondltlons, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes thl expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant ~o a written contract made pursuant thereto as authorized hereto SECTION V That this ordinance shall becon~e effecttve immediately npon ~ts passage and approval PASSED AND APPROVED tlns day of ,200I EULINEBROCK, MAYOR ATTEST JENNIIZ'BRWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2598- SUPPLY SERVICES ORDINANCE 2001 Agenda Date~ /,~/~/ - AGENDA INFORMATION SHEET AGENDA DATE January 2, 2001 Questions concerning this acqms~tlon may be d~rected DEPARTMENT Materials Management to Sharon Mays 349-8487 ACM' Kathy DuBose, F~scal and Mum~:lpal Services SUBJECT. An Ordinance prowdmg for the expenditure of funds for the purchase of ACS Software and Hardware which are available from only one source In accordance with the provisions of State Law exempting such purchases from requirements, of competitive bids, and prowding an effective date (Purchase Order 11505 and 11505A to Advanced Control System (ACS) in the amoum of $28,824) PURCHASE ORDER INFORMATION These two purchase orders are for the acqms~tlon of upgrade hardware and software support for the Advanced Control Systems designed Electric D~stnbutxon SCADA system Our current level of support and help desk access reqmres a charge each time an upgrade or support service is reqmred Th~s new level of servme is a set annual fee for access to upgrades, service and related actlmtles from ACS Purchase Order 11505 is for three month service beginning ~n September 2000 ~n the amount of $12,831 Purchase Order 11505A is for nine months or the balance of the year in the amount of $15,993 for a total yearly cost of $28,824 Our current SCADA System Software is proprietary to Advanced Control Systems, is a trade secret, and ~s protected by copyright ACS is the only source for system maintenance and/or system upgrades acceptable to ACS maintenance acqms~tions of supplies or services protected by patent and/or copyright It is avmlable from only one source and is exempt from the bid process under Subsection 252 022(a)(7)(A) of Texas Local Govermnent Code Chapter RECOMMENDATION. We recommend Purchase Order 11505 and 11505A to Advanced Control Systems be approved in the total amount of $28,824 PRIOR ACTION/APPROVAL. Public Utlhty Board recommended approval on December 18, 2000 PRINCIPAL PLACE OF BUSINESS Advanced Control Systems Norcross, GA Agenda h~format~on Sheet January 2, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT Thru proJeCt began m September 2000 for a three-mogth period If approved by Councd it wdl continue tmt~l September 30, 2001 FISCAL INFORMATION Funding for th~s software servme upgrade wall come from Electric D~stnbut~on 2000-2001 budget account (610-132-1032-5920-8332 and 610-132-1032-5980-8343) Respectfully submitted Tom Shaw, C P M, 349-7100 l?umhas~ng Agent Attachment 1 Purchase Order 11505 to Advanced Control Systems Attachment 2 Purchase Order 11505A to Advanced COntrol Systems Attachment 3 Proposal from Advanced Control Systems 1481 Agenda ATTACHMENT 3 AOVANCE~O CONTROL S¥STI=MS' November 7, 2000 Mr Dan Scott City of Demon Mumclpal UUhUes 901.A Street Denton, TX 76201 Dear Mr Scott, On behalf of Advanced Control Systems, it ~s my pleasure to thank you for selecting our ACS Baseline support service. Your curren~ level of support does not include ACS upgrades wtthout addmonal costs We would hk~ to suggest a full-support agreement so you will be ehg~ble for all ACS Software upgrade~ Th~s offer ~s vahd untd November 30, 2000 The renewal agreement enclosed details all suppoz~ options There ~s a one-ume return-to-support charge as detailed on Addendum II, w~th the requested breakdown of payments We look forward to providing City of Denton Muni~pal Utilities vath superior se~,r~ce Tfus agreement ~ncludes access to our Help Desk that ~s staffed from 8 00 a m to 8:00 p m, Monday through Friday, Eastern Standard Time (exclud,ng ACS Holldays)i Enclosed is addmonal information on the operauon of our Help Desk We hope you will take advantage of our Web Home page Our Internet address is http://~/aczatlanta, com The User's Area prowdes access to many services and valuable information Your user logan and password are as follows User login - dentonmu password- dmu528. _ Please accept the enclosed gzfr as an expresmon of our apprecmuon for your contmmng business We thank you for the opportunity ~ to be of semce to you as we increase the semace benefits for your ACS System If I can be of any asmstance, please call me at the Help Desk, 1-800-241-7317 or emafl me at mar~hester@aesatlanta, eom Sincerely, Mary S Hester, Manager Customer Support ADDENDUM II ' POST-WARRANTY I CI~ of Denton Municipal Utilities 11/7/00 Option 1 May we recommend the following for superior support so,ices ACS Software Full Subscription Support ' $ 1,293 / Month HP Software Full Subscription Support $ 78 / Month ACS Hardware Full Subscnpbon Support $ 118 / Month HP Hardware Full Subscnption Support $ 288 / Month (~ Total Full Subscription $ t,777 I Month Return to Support Fee upon Initiation ' $ 7,500 Total RTS Return to Support Fee by October 31, 2001 $ 7,500 $ t5,000 Standard HelpDesk Services are included In the above nu~tbem Option 2 , Baseline SUpport includes basic ACS coverage, but doeslnot cover SW upgrades ACS Software Baseline Support NIA ACS Hardware Baseline Support $ 118 / Month ACS HelpDesk Baseline Support $ 613 /Month O Total Baseline Subscription $ 731 I Month Add any of tha following option8 to your support agreement O 24 X 7 Emergency HelpDeek Coverage /~ $ ~.~?. I Month O OSBI - On-sits Services, Level I (3 Days On-slte/yr) $ 300 I Month O 0882 - On-site Services, Level 2 ($ Days On-Mtelyr) $ 000 I Month _ Standard Hourly ACS Support Fees (for services ~n add~bon to those provided as part of the above support 175 00/hour fees), Fees for non-warranty and non-support Agreement, Help Desk services ( in one-hour increments) The annual support fees are payable quarterly by L~censee Ul~On execution of th~s Agreement Any additional fees and charges wdl be b~lled by ACS to Licen~see by ~nvo~ce Lmensee shall pay all such fees and charges within thirty (30)Idays of invoice Any dehnquent payments shall bear ~nterest at a rate of one and a half percent (1 1/2%) per month or the maximum rate permitted by applicable law Effective Date TBD ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ RADIO SYSTEM UPGRADE & RELOCATION WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 11509 TO MOTOROLA IN THE AMOUNT OF $837,231) WHEREAS, SecUon 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a pubhc hbrary that are available only from the persons holding exclusive distribution rights to the materials, need not be submmed to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase df materials, equipment or supphes, as described in the "Purchase Orders" hsted hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 11509 Motorola $ 837,231 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submltting~the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the C~ty Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to smd contracts is hereby authorized SECTION IV That th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s the ~ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 11505 Advanced Control Systems SOLE SOURCE 01 Agenda AOeM~ I~iem~~_ ~ AGENDA INFORMATION SHEET ~)ato_ AGENDA DATE: J~u~ 2, 2001 Questmns concemzng acqms~tmn ~y be dzrected DEPART~NT: Materials M~agement to Sh~on Mays 349-8487 ACM' Ka~y D~ose, F~scM ~d M~lmpal Se~zces SUB.CT: An Ordzn~ce prov~dzng for ~e expend~t~e of ~ds for the p~chase of 800 M~ Radm System Upgrade & Relocatmn which ts avmlable ~om only one so.ce ~n accord~ce w~th the provlsmns of State Law exemptzng such p~ch~es ~om reqmrements of competztzve b~ds, ~d prowd~ng effective date (PO 11509 to Motorola m ~e mo~t of $837,231) PURCHASE O~ER INFO~ATION: Th~s p~cMse order ~s for the acqms~tmn of ~ upgrade to o~ 800 M~ Radm System ~d relocatzon of radio ~te~as The relocatton to ~e ~new tower locatzon ~nvolves mowng the ~te~as ~om a tower at ~e Spencer Road stte ne~ the Power Pl~t to ~e emstzng radio tower at McKe~a P~k The C~ of Denton s~ff will do ~e actual mowng of ~e ~te~as Reprogr~ng ~e szgnal coverage ~ea wtll reqmr. ~e expe~zse of Motorola tec~mt~s ~d engineers Th~s relocatzon roll prowde zmproved quM~ of ~sm~ssmn ~d a greater coverage ~ea for pubhc safety ~d utzlz~ co~matlon MeKe~a P~k tower ~s located on top of h~ghest pmnt zn ~e C~ of Denton The project includes one SMAR~ET II MTC 3600 T~ed Control Con.oiler, a ~1 ~te~a systems ~d a dzspatch center at the Pohce Dep~ment zncludzng elec~omc eqmpment ~d consoles SMAR~ET ~s a computer m~aged wtreless system of radms desz~ed for efficxent ~d fl~xzble vome co~matmns Th~s ts a sole so.ce acqmsztmn of h~dw~e, so~e ~d ~mmng only avadable ~om Motorola Comm~mat~ons ~d Electromcs, Inc P~OR ACTIONNIEW (COUNCIL~ BOA~S, COMMISIONS): The Publtc Utflzty Bo~d reco~ended approvM on December 18, 2000 ~COMMENDATION: We reco~end P~chase Order 11509 to Motorola be~approved in ~e mo~t of $837,231 P~NCIPAL PLACE OF BUSINESS: Motorola Co~umcat~ons ~d Electromcs, Inc Schamb~g, IL Agenda Information Sheet January 2, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: Th~s project ~s estimated to be substantially complctelw~th~n 120 days after receipt of an order or approximately the third week m May 2001 FISCAL INFORMATION: Funding for th~s project ~s available from 2001 Utfli!y Revenue Bond account (656-080-RB01- 3970-9227-CO$2424B) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Pumhase Order 11509 to Motorola Attachment 2 Price and Eqmpment hst from Motorola Attachment 3 Sole Source Certfficat~on from Motorola 1482 Agellda ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ RADIO SYSTEM UPGRADE & RELOCATION WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCJ4ASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING ANZEFFECTIVE DATE (PO 11509 TO MOTOROLA IN THE AMOUNT OF $837,231) ' WHEREAS, Sectmn 252 022 of the Local GoYemment Code prowdes that procurement of items that are only available from one source, mclueung ~tems that are only available from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity, gas, water and other utility ,purchases, captive replacement parts or components for equipment, and hbrary materials for ~ public library that are available only from the persons holding exclusxve d~stnbutmn rights tolthe materials, need not be submitted to competitive btds, and WHEREAS, the City Council w~shes to proctlre one or more of the Items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase iof materials, equipment or supphes, as descnbed m the "Purchase Orders" hsted hereon, and on file m the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 11509 Motorola $ 837,231 SECTION II That the acceptance and approval of the above items shall not constttutea contract between the City and the person subm~ttln~ the quotation for such items until such person slmll comply w~th all reqmrements specified b~ the Purchasing Department SECTIONIII That the City Manager is hereby authorized to execute any contracts relating to the ttems specified m Sectmn I and the expenditure of funds pursuant to smd contracts is hereby authorized SECTION IV That th~s ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the i day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY l 1509 - Motorola SOLE SOURCE 2001 AGENDA INFORMATION SHEET r att I// 7//QI AGENDA DATE' January 2, 2001 DEPARTMENT. Engineering & Transport~t~on CM/DCM/ACM: Dave Hdl~ 349-8314 ~"~ I SUBJECT Consider adoptzon of an ordinance approving a real esta[e contract between the City of Denton and Marvin C (M C )Burch, Rmhard Lee Burch, and Nelda Grace (Butch) Hackett relating to the purchase of 2 acres of land and a 0 136 acre access ~asement located in the J Severe Survey, Abstract No 1164, for use as an electric substation and lelated purposes, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND Denton Municipal Electric desires to obtain the subject ~ acre tract and access easement to allow for the installation of an electric substation to service th~ southeast quadrant of the City The site is ~deal for such an apphcat~on because it is sztuatedjus~ under and north of the Texas Mumclpal Power Authority overhead transmission power lines and the tracts proximity to U S 377 (Fort Worth Drive) will provide an excellent corndor for a nc~rtheast tie into our existing facilities and a southwest projection mto an area of anticipated future, electric demand OPTIONS 1 Voluntary purchase acqmsltlon 2 Do not purchase, pursue alternative sites along thc T M P A corndor RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Marvin C (M C ) Bureh, Rachard Lec Burch, and Nelda Grace (Bgrch) Hackctt for the purchase of 2 acres in fee and a 0 136 acre access easement The topograpOy of the subject tract and the surrounding, remmnder property ~s significantly lugher than the pav~ment along U S 377 (approximately 30 ) Street access to the site would be optimized by utflizm~ the existing drive approach and road wluch serves the remainder of the Butch Famdy tract, ~outh of the Roark Branch tributary That ~s the reason for obta~mng the additional 0 136 acre access easement along the existing private roadway thus granting the City of Denton ~ngress and egress to the tract and preserving thc Butch's access rights to the balance of the property PRIOR ACTION/REVIEW (Council, Boards, Compressions) Public Utilities Board approved purchase on November 27, 2000 (4 - 1) C~ty Council briefing on December 19, 2000 1 FISCAL INFORMATION The purchase price ~s $93,044 00 ($1 00 per square foot) collectively, plus closing costs of approximately $3,000 00 MAP Attached Dawd Salmon, C~ty Engineer Prepared by Eng~neenng & Transportation Paul Wflhamson Pdght-of-Way Agent 2 Location Map w~ $ $ , / ~;,..' / · ~7~ I~' ~"~7 [~,~~' ~[ - ~ -013A:RES / I ENTERED BY M~rk h SITE MAP '""""'" '~' SCALE, l*=~O0' Acre tract and 30' ~gress / E~ss ~ement PROJ KNGR N/A ,I S \Our Documents\Ordmances\01\Burch Real Estate Ordinance doc i ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARVIN C (M C ) BURCH, RI~CHARD LEE BURCH, AND NELDA GRACE (BURCH) HACKETT RELATING TO THE PURCHASE OF 2 ACRES OF LAND AND A 0 136 ACRE ACCESS EASEMENT LOCATED IN THE $ SEVERE SURVEY, ABSTRACT NO 1164, FOR USE AS AN ELECTRIC SUBSTATION AND RELATED PURPOSES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1, The City Manager is hereby authonzed to execute a Real Estate Contract between the Ctty of Denton and Matron C (M C ) Bm-ch, Rachard Lee Burch and Nelda Grace (Burch) Hacker in substantially the form of the Real~ Estate Contract which ts attached to and made a part of this ordinance for all purposes, for the purchase of apprommately 2 acres of land and a 0 136 acre access easement for use for use as an elecmc substation and related purposes SECTION 2 The City Manager is authorized 4o make the expenditures as set forth m the attached Real Estate Contract SECTION 3 TI'ns ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the 1 day of ,2001 ELrLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Marvin C (M C ) Butch, Pdchard Lee Bureh, and Nelda Grace (Bureh) Hack¢~tt (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule mun~clpahty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), uponl the terms and conditions set forth herein PURCHASE AND SALE Seller hereby sells and agrees to convey, and Pul{chaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of la~d descnbed in "Exhibit A", attached herewith, together with all rights and appurtenances pertaining to the said property, including any right, title and Interest of Seller in land to adjacent streets alleys or rights-of-way (all of such real property, rights, mad appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property~ for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller reserves all oil, gas and other minerals on, in, or under th~ tracts described in "Exhibit A" and "Exhibit B", attached herewith, provided that Seller shall have no right of ingress or egress to surface of the Property described in "Exhibit A" and shall have no right for surface development involving the extraction ofgald oil, gas and other minerals In addition any extraction of such oil, gas and othe~ minerals shall not interfere with Purchaser's use and enjoyment of the Property described in "Exhibit A" In addition, the Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for an regress/egress easement within all that certain tract, lot or parcel of land described in "Exhibit B", attached herewith, hereinafter referred to as the "Easement" PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property shall be the sum of Eighty-Seven Thousand One Hundred and Twenty Dollars and No Cents ($87,120 00) The purchas~ price for the Easement shall be the sum of Five Thousand Nine Hundredl and Twenty-Four Dollars and No Cents ($5,924 00) The total Purchas~ Price shall be Ninety-Three Thousand Forty-Four Dollars and Nol Cents(S93,044 0o) 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing Page I of 9 PURCHASER'S OBLIGATIONS The obhgat~ons of Purchaser hereunder to consummate the transactions contemplated hereby are subj oct to the satisfaction of each of the following conditions any of which may be wmved ~n whole or ~n part by ?urchaser at or prior to the closing 1 Prehm~nary T~tle Report W~thm twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost a~d expense, shall have caused the T~tle Company (hereinafter defined) to ~ssue an owners pohcy commitment (the "Commitment") accompamed by cop~es of all recorded documents relating to easements, rights-of-way, etc, affecnng the Property Purchaser shall g~ve Seller written nonce on or before the exp~ranon of ten (10) days after Purchaser receives the Commitment that the condition oft~tle as set forth ~n tl~ Commitment ~s or ~s not sansfactory In the event Purchaser States the condition of tale ~s not satisfactory, Seller shall, at Seller's opnon, promptly undertake to ehmlnate or modify all unacceptable matters to the reasonable sansfact~on of Purchaser Purchaser understands that SelIer ~s, under no obhgat~on to cure any t~tle defects complmned of by Purchaser stated m Purchaser's written not,ce to Seller as prowded m th~s paragraph ' In the event Seller ~s unable to do so within ten (10) days afier receipt of ~vntten notme, Purchaser, at ~ts optaon may elect to terminate th~s Agreement (m which event th~s Agreement shall be null and void), grant Seller ,add~tmnal t~me to cure, or proceed to closing 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtmn a current survey of the Property, prepped by a duly hcensed Texas land surveyor acceptable to Purchaser T¥ survey shall be staked on the ground, and shall show the locatmn of all tmprovements, h~ghways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, ~f any, and shall contatn the surveyor's cemficatmn that there are no encroachments on the Property and shall set forth th~ number of total acres comprising the Property, together w~th a metes and bounds description thereof Purchaser will have ten (10) days al~er recetpt of the survey to rewew and approve the survey In the eve~at the survey ~s unacceptable, then Purchaser shall w~thln the ten (10) day period, give Seller written nonce of th~s fact Seller shall, at Seller's Ol~tton, promptly undertake to ehmmate or modify the unacceptable pomgns of the survey to the reasonable sattsfactmns of Purchaser In the eqent Seller m unable to do so w~thtn ten (10) days after receipt of written not,ce, Purchaser, at ~ts option may elect Page 2 of 9 , ,i to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing Studies Purchaser shall have forW-five (45) days after the date hereof (herein called the "Inspection Period") to enter upon the Property, and to have caused authorized representatives of the Purchaser to enter upon the Property, to perform a physical ~nspect~on of the Property Pumhaser shall makes its Inspections in good faith ~nd with due d~hgence Seller hereby reserves the right to have a representative present at the of making any such inspection In the event Pur,haser determines, in Purchaser's sole and absolute discretion, that the property is deficient in any respect, Purchaser may (as ItS sole and exclusive remedy) terminate this Agreement by notice In writing to the Seller at any time dunng the Inspection Period In the event of such termination, the part~es shall have no further right or obhgatmn hereunder, except those rights and obligations that survive termlnatmn Upon expiration of the Inspection Period, Purchaser shall be deemed, to have accepted the Property in ItS present condition 3 Platting Requirements Purchaser shall bear all costs and expenses associated with the platting reqmrernents associated wlth the Seller's conveyance of the tract described ~n "Exhibit A" Any consent by the Seller that may be necessary to complete said platting requirements shall not be unreasonably withheld 4 Seller's Comphance Seller shall have performed, observed, and comphed with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of ~ts current knowledge, as follows, whmh representations and warranties shall be deemed made by Seller to Pumhaser also as of the closing date 1 There are no part,es in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, except for the ex,sting oil and gas lease 2 Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or stat, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority Page 3 of 9 3 Seller has comphed w, th all apphcablb laws, ordinances, regulations, statutes, rules and restrictions relatln~ to the Property or any part thereof 4 To the best of the Seller's knowledge~there are no toxin or hazardous wastes or materials on or wlth~n the P~operty Such toxic or hazardous wastes or materials include, but are net limited to, hazardous materials or wastes as same are defined by the ReSource Conservation and Recovery Act (RCRA), as amended, and the Cdmprehens~ve EnvtronmentaI Response Compensation and Llabdlt~ Act (CERCLA), as amended 5 Seller hereby grants the C~ty of Denton and or its designee formal permassmn to enter Seller's property in order to perform such field surveying act~wt~es to estabhsh bounOanes and monuments necessary to consummate the above-mentioned re~l property pumhase transactmn CLOSING The closing shall be held at the office of F~rs! American T~tle Company (the "Title Company"), 300 North Elm Street, Denton, T~xas, 76201 on or before January 31th, 2001 (which date is heretn referred to as the "clps~ng date") The clos,ng date may be extended by mutual agreement of the parties CLOSING REQUIREMENTS 1 Seller's Reqmrements At the closm~ Seller shall A Dehver to Purchaser a duly e~ecuted and acknowledged General Warranty Deed conveying goq>d and marketable tttle in fee s~mple to all of the Property, free anc~ clear of any and all liens, encumbrances, conditions, assessments, and restnctmns, except for the following 1 General real estate tax~s for the year of closing and subsequent years not ~et due and payable, and 2 Any except, ons approyed by Purchaser pursuant to Purchaser's Obhgat~o~s hereof, and 3 Any exceptmns approSred by Purchaser m writing B Deliver to Purchaser a Texas ~wner's Pohcy of Title Insurance at Purchaser's sole expense, ~sstled by F~rst American T~tle Company, Denton, Texas, (th~ "T~tle Company"), ~n Purchaser's Page 4 of 9 , favor in the full amount of th~ purchase price, ~nsunng Purchaser's fee simple title to the Property subject only to those title exceptions hsted tn Clostng Reqmremen~s hereof, such other excepttons as may be approved tn wnttng by Purchaser, and the standard pnnted exceptions contatned tn the u~ual form of Texas Owner's Policy of Title Insurance, provided, however 1 The boundary and survey exceptions shall be deleted if required by Purchaser, and if so reqmred, the costs associated with same shall be borne by Seller, 2 The exception as to restrictive covenants shall be endorsed "None of Record", 3 The exception,as to liens encumbenng the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations" 4 The exception ~for taxes shall be hmlled to the year of closing and'shall be endorsed "not yet due and payable" C Dehver to Purchaser possession of the Property on the day of closing 2 Purchaser's Reqmrements Purchaser shall pay the consideration as referenced an the "Purchase Price" section ofthts contract at Clostng in tmmedlately available funds 3 Clostng Costs Seller shall pay all taxes assessed by any tax junsdtctlon through the date of the Closing All other costs and expenses of closing in c0nsummatlng the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser, except for Seller's attorney fees REAL ESTATE COMMISSION Any real estate commlssmns occasioned by the consummation of this Agreement shall be the sole responslbflay of Seller, to the extent Seller has agreed to pay any such real estate commmston in writing, and Seller agrees Ito indemnify and hold Purchaser harmless from any and all claims for any such commissions Page 5 of 9 q BREACH BY SEI~LER In the event Seller shall fail to fully and ttm ly perform any oftts obhgattons hereunder or shall fml to consummate the sale of th Property except Purchaser's default. Purchaser as tts sole and exclustve remedy may e~tt .'r enforce spectfic performance of th, s Agreement or termtnate thts Agreement by wn~ en no,ce dehvered to Seller BREACH BY PURC tASER In the event Purchaser should fail to consunx hate the purchase of the Property, the cond, ttons to Purchaser's obl,gattons set forth m PURCHASER'S OBLIGATIONS having been satmfied and Purchaser betng tn defaul Seller as tts sole and exclustve remedy may enforce spectfic performance of thts A reement, or terminate th~s Agreement by written notme dehvered to Purchaser MISCELLANEOUS PR(~VISIONS 1 Asmmament of Agreement This Age~ement may not be assigned by Purchaser wtthoui the express wntter~ consent of Seller 2 Survtval of Covenants Any of the representattons, warranttes, covenants, and agreements of the par~tes, as well as any rights and benefits of the parttes, pertaining to a period o~fttme followtng the clomng of the transacttons contemplated hereby shall survive the closing and shall not be merged therein Survtval of Covenant~ shall termtnate one (1) year after the date of clomng 3 Not,ce Any nottce reqmred or permitted to be dehvered hereunder shall be deemed recetved when sent by Unlted States marl, postage prepmd, certffied marl, return recetpt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the stgnature of the party Seller's agent for purposes ofnottce s~aI1 be Rtchard Lee Burch 4 Texas Law to Apply Thts Agreemenl shall be construed under and tn accordance wtth the laws of the State,f Texas, and all obhgattons of the parttes created hereunder are perforrrmble tn Denton County, Texas 5 Parttes Bound Thts Agreement shallibe b~nd~ng upon and ~nure to the benefit of the parttes and thetr respective legal representatives, successors and asmgns where permitted by thts ~greement 6 Legal Constmctton In case any one ~r more of the provisions contatned tn thru Agreement shall for any reasog be held to be ~nvahd, illegal, or unenforceable tn any respect, satd ~nvghdtty, fllegahty, or unenforceabfl~ty Page 6 of 9 shall not affect any other prows~on l~ereof, and th~s Agreement shall be construed as ~f the mvahd, Hlegal, orl unenfomeable provision had never been contained hereto 7 Prior Agreements Superseded Th~s Agreement conshtutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the part,es respecting the w~th~n subject matter 8 T~me of Essence T~me ~s of the essence ~n th~s Agreement 9 Gender Words of any gender used m th~s Agreement shall be held and construed to ~nclude any other gendel', and words ~n the s~ngular number shall be held to ~nclude the plural, and wce versa, unless the context reqmres otherwise 10 Comphance In accordance w~th the reqmrements of the Texas Real Estate Lmense Act, Purchaser ~s hereby adwsed that ~t should be furmshed w~th or obtain a pohcy ofUtle ~nsura~ce or Purchaser should have the abstract covenng the Property exam~ted by an attorney of Pumhaser's own select~on 11 T~me L~m~t In the event a fully executed copy of th~s Agreement has not been returned to Pumhaser w~thm tenI (10) days after Purchaser executes th~s Agreement and dehvers same to Seller, Purchaser shall have the nght to terminate th~s Agreement upon wn~tten notme to Seller DATED th~s ~_ (-~ day o£ 0 (.- "~ ,2000 PURCHASER THE CITY OF DENTON, T['XAS BY Mmhael W Jez C~ty Manager 215 E McK~nney Denton, Texas 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Page 7 of 9 ti APPROVED AS TO LEGAL FORM BY ~ ~-~/ ~ SELLER SELLER Puchard Lee Butch SELLER da Grace (Burch) Hackett ACKNOWLEDGMENT THE STATE OF~--~[ [kS § COUNTY OF IZ)~M 1'O~. § Th~s ~nstrument was acknowledged before me on ~C.'ffOLq~:t2 ~e ,2000 by Marvin C (M C ) Burch C~yx_C&..~' ~n ~q rt~heS~at~eofTexas NotaryP'P~l~h~, and fo AN~ELA Ill MIZEI. L ' ~ My Commission Exptres [a - ~ Notary Public Stat~ of Texll8 My Commission EXpires Page 8 of 9 [z. ACKNOWLEDGMENT THE STATE OF ~O~ § COUNTY OF (_trna__ § This ~nstrument was acknowledged before me on (-~1~.,. ~1 . , 2000 by Rmhard Lee Burch N~,(~c~~Q . ~ ~ in and for/;t~State o f,.,T, exas My Commmslpn Explre~ ~, ~ AC~OWLEDGMENT THE STATEOF ~ ~ CO~TY OF ~ ~ ~ This instrument was ac~owledged before me on ~ G~ ~ ~ ~ ,2000 by Selda Grace (Burch)Hacket~~ ~~~ m ~d ~tate of T~s ,,~ RICHARD H KEL$EY My Comm]ssmn Expires ~-OI- O ~ [~1 ~OTARY PUBUC k ~J~] 8tare of Te~e ~ Co~ Ex~ OE/OV2001 Seller's Address 2601 Buckingham Drive Denton, Texas 76209 Page 9 of 9, EXHIBIT 2 00 Acre Trait F~eld notes to all that certain tract of land situated in the J Serve survey abstract number 1164, Denton County, Texas And being a pomon 0fthe called 60 3/4 acre tract described m the deed from Don B Mcklurkan to V, D Butch recorded m Volume 239 Page 191 Deed Records of Denton County, Texas, ~he SubJect tract being more particularly describe as follows Commencing at a Concrete monument found being North 35 Degrees 57 minutes East a chstance of 3 2 feet from the Northwest comer of altract of land described m the deed from Donald Oaston to John Jeffrles recorded by County Clerk file number 94-R0010473 Real Property Records of Denton County, Texas, at~d being the beglnmng of a curve to the Right having a Radius of 3719 60 feet, Thence with smd curve to the right having an Arc l~ngth of 480 83 feet and a Chord bearing of North 39 Degrees 34 Minutes 30 Seconds East a &stance of 480 49 feet along the South Right-of-way line ofU S Highway 377 ~o the Point of Beginning of the hereto described tract of land and the begummg of a curv~ to the nght having a radius of 3719 60 feet, Thence with said curve to the right having an arc l~ngth of 24 72 feet and a Chord beanng of North 39 Degrees 34 Mmutas 30 Secon& East a dastance of 24 72 feet along the South right-of-way line of satd U S Highway ~77, Thence North 43 Degrees 19 Minutes 55 Seconds East, Along the South Right-of-way of smd U S Highway 377 a distance of 154 38 feet, Thence South 70 Degrees 13 Minutes 27 Seconds least along the South line of the called 4 96 acre tract of land descnbed m the deed from V D Butch to State of Texas recorded m Volume 289 Page 164 Deed Records of said Cognty, a chstance of 288 12 feet, Thence South 17 Degrees 28 Minutes 02 Seconds West a distance of 226 67 feet, Thence South 88 Degrees 52 Minutes 25 Seconds West along the South line of an Easement and Right-of-way to Texas Mmuc~pal P6wer Agency recorded m Volume 1141 Page 128 Real property Records of sa~d County, a distance of 231 69 feet, Thence North 26 Degrees 38 Minutes 33 Seconds iast a dxstance of 210 23 feet to the Point of Begnmmg and containing m all 2 00 acre of land EXHIBIT 30' ACCESS EASI}MENT Field notes to all that certain tract of land situated in the ~' Serve survey abstract number 1164, Denton County, Texas And being a part of(he called 60 3/4 acre tract described m the deed from Don B Mcldurkan to V D Burch r~corded m Volume 239 Page 191 Deed Records of Denton County, Texas, the SubJect tra¢~ being more particularly describe as follows Commencing at a Concrete monument found being North 35 Degrees $7 minutes East a distance of 3,2 feet from the Northwest comer of ~tract of land described m the deed from Donald Gaston to John Jeffi~es recorded by (~ounty Clerk file number 94-R0010473 Real Property Records of Denton County, Texas, Thence Along a curve to the nght having an Arc l~gth of 480 83 feet and a radms of 3719 60 feet end a Chord bearing of North 39 Degees 34 Minutes 30 Seconds East a distance of 424 04 feet along the South Right-of-way line of said U S Highway 377 to the Point of Begimung of the hereto described trac~ and being the begmmng of a curve to the right having a rachus of 3719 60 feet, Thence with smd curve to the right having an arc l~ngth of 32 07 feet and a chord bearing of North 39 Degrees 34 Minutes 30 Seconds East ~thstance of 32 07 feet along the South R~ght~of-way line of said U S I-hghway 377, Thence South 26 Degrees 38 M_mutes 33 Seconds ~ Vest a d~stance of 210 23 feet, Thence South 88 Degrees 52 Minutes 25 Seconds iast along the South line of an Easement and Raght-of-way to Texas Mumc~pal Pc wet Agency recorded m Volume 1141 Page 128 Real property Records of smd County a ~ tstance of 33 24 feet, Thenc~e South 26 Degrees 38 Minutes 33 Seconds ;asr a d~stance of 184 57 feet to the Point of Begtnmng and containing m all 0 136 acrs of land genda No ^genda Item AGENDA INFORMATION SHEET Data / AGENDA DATE: January 2, 2001 Questions concermng this acquisition may be directed DEPARTMENT Materials Management to David Hill 349-8314 , ACM Kathy DuBose, F~scal and Mum~lpal Services SUBJECT. An Ordinance accepting competitive bids and awarding a public works contract for the renovation of' the heating ventilation and air condltl_qmng (HVAC) system at City Hall East Eng~neenng section, providing for the expenditure of fimds therefore, and providing an effective date (Bid 2620 - C~ty Hall East / Engineering Section HVAC Renovation awarded to the lowest responsible bidder CBS Mechanical in the amount of $79,885 ) BID INFORMATION: This bid is for the renovation of the HVAC system m the Engineering Section of City Hall East The bid includes demolition of the ex~stlng ductworkl and units, replacement of ductwork and AC/heating units, electrical work Spnnkler system adjt~stment and m~mmal construction RECOMMENDATION. We recommend th~s b~d be awarded to the lowest responsible bidder CBS Mechanical in the amount of $ 79,885 PRINCIPAL PLACE OF BUSINESS: CBS Mechanical Denton, Tx ESTIMATED SCHEDULE OF PROJECT This project is estimated to be substantially complete F~thtn 60 calendar days or approximately the third week ~n March 2001 FISCAL INFORMATION. Funding for this project will be avmlable from CIP funds account (477-032-BLDG-0018-9101) January 2, 2001 Page 2 I Respectfully submitted {Fom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulation Sheet 1493 Agenda ORDINANCE NOI AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF tHE HE&TING VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT CITY HALL EAST ENGINEERING SECTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2620 - CITY HALL EAST / ENGINEERING SECTION HVAC RENOVATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER ,CBS MECHANICAL INC, IN THE AMOUNT OF $ 79,885) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of pubhc works or improvements in 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 respondent for the'construction of the public works or improvements described m the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERISBy ORDAINS SECTION I That the followmg competitive sealed bid for the construction of public works or ~mprovements, as described in the "Sealed Bid Invitations", or plans and spec~fications 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 CONTRACTOR AMOUNT 2620 CBS Mechanical In¢ $ 79,885 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person ~ubmltting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified m the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of thelpubhc works or improvements in accordance with the bids accepted and approved herein, provided that suLh contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documenl~s relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and app,'oval of the above competitive sealed b~ds and the execution of contracts for the ptlbllc works and tmp~ovements as authorized hereto, the City Council hereby authorizes the expenditure of funds ~n the mam'~er and in the amount as specified m such approved bids and authorized contracts executed pursuant thereio SECTION V That th~s ordinance shall become effective munedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EUI,INE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2620 - CONTRACTUAL ORDINANCE 12 2000 AGENDA INFORMAT DN SHEET AGENDA DATE' January 2, 2001 DEPARTMENT: Utditles CM/DCM/ACM: Howard Martin, ACM/Utllltle~ 349-8232 SUBJECT I AN ORDINANCE APPROVING A LETTER AGREF2VIENT BETWEEN WYNNE/JACKSON LAKES DEVELOPMENT, L P AND THE CITyr~ OF DENTON REGARDING THE HIGHWAY 377 WATER TRANSMISSION LINE AND THE GRAVEYARD BRANCH INTERCEPTOR SEWER LINE, AUTHORIZING~r~ ~THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND i The Water Utthtaes Department is completing nego~atlons w~th the City of Argyle on the Interlocal Agreement for cost allocations on Argyle's slaare of the Graveyard Branch Wastewater Line The final obstacle to the completion of Argyle~s cost allocation for the project was the agreement with Wynn/Jackson on their cost allocationl, For the past three weeks staff has been in negotiation with Wynn/Jaekson on their cost share on tile Graveyard Branch Line During the cost computation process differences in ~e interpretation of how the wastewater costs were to be allocated arose The original estm ltlons on the necessary line size for the Huffines Development was based on an 18" d~ameterl line Later it was determined that a 21" line would be necessary to serve this project The ba~ bid necessary to begin the computation for their cost share should have been based on a 21' line size This 21" line base bid was provided by the contractor and the price was recalculat, The major obstacle that we have encountered was th,~ difference in interpretation on the cost sharing of,the total line project Wynn/Jackson lnterpr~ Ied the Huffines Settlement Agreement to mean that ithey would receive the benefits of the ecor )m~es of scale of a capacity share on the total project Tins would have lowered their total cos on the wastewater line to approximately $500,000 At this point in the negotiation we made ~t lear that it was never Denton's intentions for The Htlffmes development to share m that economylof scale We explvaned to Wynn/Jackson that if that was their final posltaon then the ~ssue wot~ld have to be resolved through the legal process ~ After three weeks of negotiation and in an attempt to 6void future lawsuits associated with this project we, have come to an agreement on Wynn/Jacks0~a share of the Water and Wastewater hne improvements associated with this project The total e~st to WymaJJackson for their part of the Graveyardl Branch Wastewater Line Costs will be $1,2417,588 Their portion of the Highway 377 Waterhne costs w~ll be $ 507,617 (Extublt I) ~ The original seffiement agreement and assomated amendments es~bhshed an April 1, 2001 completmn date T~ough the negotmtlon process we ~ave extended the completion date to May 1,2001 for ~e water hne and wastewater hne ~mprovements RECOMMENDATION S~ff recommends approval of ~e negotIated agreemen~ for Wyn~Jackson cost ~locat~on assocmted w~ the H~ghway 377 Waterhne Project and the Graveyard Branch Wastewater Line Project ESTIMATED SCHEDULE OF PRO~ECT Completmn date to be May 1, 2001 P~OR ACTION~EVIEW (Counefi~ Boards, Commissions) The Huffines Project has been discussed w~th the Pubh~ Ut~lmes Board and the C~ty Counml on numerous occasions FISCAL INFORMATION Funds for th~s project are avmlable in the FY 2000 Wa~tewater Capital Improvement Project R~spectfully submitted J~ra Coulter D~rector of Water Utd~t~es S \Our Document~\Ord~nances\01\WynneJackson Ordinance doc ORDINANCE NO AN ORDINANCE APPROViNG A LETTER AGREEMENT BETWEEN WYNNE/JACKSON LAKES DEVELOPMENT, L P AND THE CITy OF DENTON REGARDING THE HIGHWAY 377 WATER TRANSMISSION LINE AND THE GRAVEYARD BRANCH INTERCEPTOR SEWER LINE, AUTHORIZING[ THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby atlthonzed to execute a Letter Agreement between the City of Denton and Wyrme/lackson Lakes Development, L P (Butch) in substantmlly the form of the Letter Agreement attached hereto and made a part of tlns ordinance for all purposes, pertalmng to the Highway 3?7 Wat~ Transm~ssmn Line and the Graveyard Branch Interceptor Sewer Line SECTION 2 The C~ty Manager is authorized to make the expenditures as set forth m the attached Letter Agreement SECTION 3 Tlus ordinance shall become effective lmmechately upon Its passage and approval PASSED AND APPROVED tlus the Clay of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY ~"- .~ ~ WATER UTILITIESi 901-ATexas Street Denton, TX 76209 (940)349-8452 Fax(940)349-7334 December 29, 2000 Wyrme/Jackson Lakes Development LP c/o Wynne/Jackson, Inc Clyde C Jackson, Jr, Premdent 600 North Pearl Street, Suite 650 Lock Box 149 Dallas, TX 75201 Re Cost Share of Wynne/Jackson Lakes Development LP Construction of the H~ghway 377 Water Transmission l~me and the Graveyard Branch Interceptor Sewer Lme, Dear Mr Jackson This ~s to confirm that the City of Denton ("Denton") and Wynne/Jackson, Inc as representatives of Wynne/Jackson Lakes Development LP ("Jackson") have recently met, and Jackson has rinsed questions w~th the concepts and numbers advanced by l~enton under Denton's computation of Jackson's proportionate share of the costs of the water mad wastewater lines as set forth ~n the Annexation Agreement, as amended (the "Agreement"),is~gned by Denton and Jackson's predecessor ~n t~tle, V~olet Properties Assocmtes ~n Aug~tst of 1999 However, in order to compromise and settle th~s matter, for good and valuabl~ consideration, acknowledged by the parties and as expressed herem, both partxes agree to compromme their d~fferences regarding such computation and other matters as provided herein as follows 1 The total cost share of the Wyrme/Jackson LakeslDevelopment LP wastewater hne shall be $1,247,588 2 Included m the $1,247,588 sum, are bond selhng costs of $82,598 much of whmh is refimded at the end of a successful project S~nce the CoUntry Lakes ProJect ~s an ~ntegral part of the Agreement, at such t~me as 50% of the total antxmpated single family building permits ~n the Denton port, on of the Country Lakes ProJect have been ~sued by Denton, Denton w~ll refund the portion of the bond selhng costs that are assocmted with the bond deposits placed by Denton in conjunction w~th the debt associated with the wastewate~ faclhtles referenced in the Agreement Smd deposit amount to be refunded to Jackson is $73,413 (plus interest computed at the same rate that Denton receives on the total deposit) Page 2 3 The part, es agree that a release of not more tha~ twenty five lots (out of The Country Lakes ProJect ~n the Denton Cxty L~mxts) for building p~'m~ts will be effected by the C~ty herewxth when smd lots are complete but before final a~ceptance of all Phase I improvements by Denton (the "Early Release Lots"), provided however, ~hat the Fire Marshall of Denton satasfied w~th the temporary fire protection and pubhe $~fe. ty provlsxons No cemfieates of occupancy will be issued on these Early Release Lots ttCtfl final project acceptance of the Phase I ~mprovements 4 The easement costs shall be based upon a "hne~ x foot" basas, co-extensavely w~th Argyle For example Argyle shall bear one hundred percent of lae easement costs up to the terminus at their metering station Then the cost shall be dxwded b' t three, ~n equal shares, to be assumed and paid m these equal shares by Denton, Argyle, and jackson In our November 15 letter, Denton e~qtxmated easement costs of $86,645 Sxnce th t txme easement aeqmsxt~on costs have contmued, to nsc, the costs Denton lndmated m our mo t recent proposal reflected easement cost through the Denton Country Club, the final costs for ea ~ement will be based on a linear foot cost basxs The propo~onate cost shanng by the partxes sha l1 be based on actual rather than estimated easement costs (upon request Denton will fu alsh details) 5 The Agreement as hereby amended so that the o ~mplet~on of construction for the water line and wastewater line shall be extended from April 1 2001 to May 1, 2001, SubJect only to further extensions of time when circumstances reasona ly beyond Denton's control cause delays ~n construction under the circumstances set forth in the ~irst and second amendments to the Agreement 6 The total of the Jackson cost share of the water hne ~s $507,617 7 Included m the $507,617 sum, are bond selhng, :osts of $33,611 much of whmh ~s refunded at the end of a successful project Smce the C >untry Lakes ProJect ~s an ~ntegral part of the Agreement, at such t~me as 50% of the total antm~p~ ted s~ngle family bufldmg permits ~n the Denton port~on of the Country Lakes ProJect have been issued by Denton, Denton will refund the portion of the bond selhng costs that are associated w~tlt the bond deposits placed by Denton ~n conjunction with the debt associated w~th the water fact ht~es referenced in the Agreement Smd deposit amount to be refunded to Jackson as $29,873 (P us ~nterest computed at the same rate that Denton receives on the total deposit) 8 The total amount to be spent by Jackson for the lackson share of the wastewater line and the water lane as $1,755,205 before repayment of Jackson--s portmn of the bond deposits for water and sewer 9 All other terms and conditions m the agreement not amended by th~s letter agreement shall remain in full force and effect Nothing here~n co~ [tinned shall be deemed to wmve or release any right or obhgat~on of Denton or Jackson tm [er the Agreement, unless expressly set forth in this letter agreement If you have any questions regarding th~s letter and/or th ~ project, you may refer them to Jim Coulter, Director of Water and Wastewater Utilities wh may be reached at (940) 349-7194, or to Howard Martin, Assistant C~ty Manager/Utflxtles w~ may be reached at (940) 349-8420 If ~ENT BY INC ~ 880 87~?t plca~c ~ ]e~er au~on~d to brad ~e ( binding on t[~ agreement TFXAS W Jtz LAKES ~ Lake~ Development, lnc '~ ~ ~A Jenkins, Mayor, Argy ~xas t L Pmuty, C~ty Aaomey ~ ~d M~¢M~It es ,~ ;,~ii [~ , INFORMAT[N~, SHEET AGENDA AGENDA DATE January 2, 20¢1 DEPARTMENT. Planmng Department [ CM/DCM/ACM David Hill, 349-8314 ' SUBJECT - ZP-00-009 (Teasley TracO Hold a public heanng and consider adoption of an ordlnance rezoning and approving a Zoning Plan for a 19 57 acre tract located on the northeast sld~ of the Intersection of Teasley Road and Ryan Road The property is currently zoned Agricultural (A) The intent is to rezone the property to a Planned Development (PD) cont~unlng single-fatally residential and neighborhood service retml The Planning and Zoning Commission recorhmends approval (5-0) with conditions (ZP-00-009) BACKGROUND The apphcant has requested to rezone this property to ~ Planned Development (PD) containing both residentml and nonresidential uses Up to 16 acreg of the property IS proposed to be single family residential at a density of 3 3 units per acre Fegtures such as street trees, hike and bike trails and landscaped areas have been proposed in accordance with The Denton Plan All homes will follow design standards whmh include a minimum of 75% masonry Over an acre of the property has been set aside as open space Up to 5 9cres of the property is proposed to be neighborhood service retail, with uses limited to those hOted in Attachment 1 - Enclosure 4 ~ The subject property is located in an Agricultural ~A) zoning dismct created in 1969 It is currently occupied by a radio station and antenna towers ~ The proposed development is consistent with I The Denton Plan (Attachment 1 - Comprehensive Plan Analysis sectmn) ~ Twenty-rune (29) property owners were notified o~ the zoning request Four (4) responses have been received, three (3) are in favor and one (1~ is opposed, representing approximately I 2% of the total area w~thln 200 feet (Attachment ! ½ Enclosures 5 and 6) PRIOR ACTION/REVIEW The following is a chronology of ZP-00-009, commonlylknown as Teasley Tract Application Date - June 22, 2000 DRC Date(s) - July 6, 2000 P&Z Date - November 8, 2000 ESTIMATED PROJECT SCHEDULE A Project Plan for both the residentml and nonresidentigl portmns of this development w~ll need to be submitted and approved by Council before construction can begin This property is not platted and therefore would also need to be platted prior to any development 1 FISCAL INFORMATION Development of th~s property wall increase the assessed value of the city, county, and school d~stnct It will reqmre no short-term public ~mprovemehts that are the responslbthty of the c~ty As a form of mftll development, no extensmn ofpubhc mfi'astructure is necessary to servme this site P&Z RECOMMENDATION The Planning and Zomng Commlssmn recommends al~proval (5-0) of this zoning request w~th the following conditions 1 Lighting on the property should be designed a~ad malntmned so as not to shine on or otherwise d~sturb surrounding residential property or to shine and project upward to prevent the d~ffus~on into the night sky 2 Uses allowed ~n the Neighborhood Servme sectlon shall be hm~ted to the hst shown in Enclosure 2 3 The Project Plan must prowde for pedestrian and vehmular connectivity between the proposed neighborhood servme and res~dentml u~es 4 Architectural design ~n the neighborhood servme area shall be compatible to that of the resldentml area and shall ~ncorporate Urban Design Pnnclples as ~dentffied in The Denton Plan 5 Open space shall be privately owned and mmntamed 6 Pole s~gns shall be prohibited OPTIONS 1 Approve as submitted 2 Approve w~th cond~tmns 3 Deny ~ 4 Postpone consideration 5 Table ttem ATTACHMENTS 1 Planmng and Zomng Comm~ssmn Report, Novemb r 8, 2000, ZP-00-009 2 Planning and Zoning Commmmon m~nutes fi'om No~ ,ember 8, 2000 3 Draft Ordinance Rea pectfully submitted Dot~glastS Powell, AICP D~r~ctor of Plarmmg and Development PreparedJ~y l 2 ATTACHMENT 1 PLANNING AND ZONING COMI /IISSION STAFF REPORT Sublect TeasleyTract Case Number ZP-00-009 Staff Thomas B Gray, Planner I ! Agenda Date November 8, 2000 Hold a public heanng and consider recommending app~ C~ty Council a Zomng Plan for a 19 57 acre tract located on the northeast s~de of the of Teasley Road and Ryan Road The property Is currently zoned Agncultural (A) The nt ~s to rezone the property to a Planned Development (PD) conta~mng s~ngle-famlly resldenbal al id neighborhood service retail ~ I lOCATION ~ AP Location northeast side of the intersecbon of Teasley Road and Ryan Road Size 19 57 acres 3. I Apphcant Allen Bussell Jack Mortenson SENTCorp Mortenson Broadcasting Company 1621 Amanda Court 3270 Blazer Pkwy, Suite 100 Ponder, Texas 76259 Lexington, Kentucky 40509 The developer ~s requesting to rezone the 19 57 acre,lproperty to a Planned Development (PD) conta~mng up to 16 acres of s~ngle family residential and ~Jp to 5 acres of neighborhood service retail located along the property's frontage w~th Teasley Lane I(see Enclosure 1) The requested density for the residential port~on of this development ~s 3 3 umts per acre The apphcant ~s proposing to set aside 1 04 acres for open sp ~ce Features such as street trees, h~ke and b~ke tra~ls and landscaped areas have been proposed ~n accordance w~th the density standards and criteria of the ~ntenm development regulations (see Enclo ~ure 3) Other design elements encouraged ~n The Denton Plan, such as alleys and courtyard stree1's, have been proposed as well and w~ll be ~llustrated ~n detag at the Project Plan stage All homes w~ll have elevations composed of at least 75% masonry and have two car garages Other Issues relating to neighborhood compat~b~hty, such as braiding s~ze, building height, landscaping, s~te conflgurat on and architecture w~ll be addressed at the Project Plan stage Uses ~n the neighborhood servme retail port~on of th~s de~/elopment shall be hm~ted to those I sted n Enclosure 4 All structures w~th~n the neighborhood service area w~ll have elevations of at least 75% masonry and will be hm~ted to a floor-to-area ratio of 1 5 N° s~ngle bus~ness w~ll be larger than 4,000 square feet ~n floor area Buffenng between the residential and nonresidential portions of th~s development w~ll be required n accordance w~th the ~ntenm development regulations The property ~s currently vacant and ~s surrounded to the north and east by the Summit Oaks residential subd~ws~on and to the south by the Lakewood Estates Mobile Home Park (see Enclosure 2) No Enwronmentally Sensitive Areas (ES^~) are located on th~s site 1999.2020 Denton Comprehensive Plan Anal The Denton Pla,n places th~s property w~th~n a Ne~ghborhq)d Centers area Neighborhood Centers are ~ntended to be inward-oriented residential districts wh~c~ focus on the center of the neighborhood These developments should locate the center of the ne~ hborhood w~thln a 5- to 10-minute walking d~stance from the edge of the neighborhood The center s ~ould contain uses necessary to support the surrounding neighborhood such as servme-onented reta I or small professional offices Prows~on of open space, such as central neighborhood "greens" and fl, )odplaln preservation, ~s also encouraged ~n Neighborhood Centers Neighborhood Centers can also ~ evelop ~n conventional residential patterns The neighborhood retail center along Teasley creates a fo~cal point for the neighborhood, encourages pedestrian act~wty and meets the ~ntent of the Ne~ghbor§ood Centers concept as descnbed ~n The zP O0 009 4 Denton Plan The neighborhood retail w~ll service not only, th~s neighborhood but as well ex~st ng and future development ~n the area Staff finds thru proposed rezomng to be consistent w~th the Comprehensive Plan 1 Transportation A Trip generation The proposed development would generate as much,as 2,283 trips per day ~f built out with tangle- family remdenbal and neighborhood service retail (Fee Table 1) It should be noted that the estimated trip generation for the neighborhood servlC~e area is a maximum, the actual number of vehicle trips generated by the neighborhood serv~celarea ~s hkely to be less than the esbmate, especially cons~denng the increased opportumty for bicycle and pedestrian tnps this development would facilitate ' Table t Proposed Trip Generation £ Land ;Use Average Trip EstlrnatedI Total Trip , Generation* Lots or ScI I~t Generation Srngle-Fam~ly (SF-7) 9 55 trlps/du/day 52 497 General Retail, 41 tnps/1,000 sq ft 43560 sql ft 1786 Total Trip Generation ,i 2,283 I ~ Calculations provided by the Institute of Transportation Engineers, ' B Access Th~s development w~ll have access to Teasley Lane (FM 2181 ) C Road Capacity Teasley ~s Ident~fled as a pnmary major arterial road t ~/the 1998 Denton Mobility Plan Th~s road Is designed,to be a s~x (6) lane d~vlded street w~thou parking, providing s~x (6) lanes of through traffic As such, ~ts demgned traffic capacity allows f¢ ' a tolerable traffic flow of up to 27,900 tnps per day Teasley ~s currently constructed w~th two (2) lanes w~thout parking, prowdlng a tolerable traffic flow of up to 9,100 trips per day The most re(:ent traffic count for Teasley ~nd~cates that there currently may not be adequate capacity to ~andle the calculated trips that could be generated by the proposed development A traffic col ~t on Teasley between Ryan and Robinson Ind~cated an average volume of 7,294 vehicle trips ,er day, which does not provide adequate excess capacity for the number of additional tnps that could be generated by th~s development Once Teasley is ~mproved, however, there should b~ enough capacity to handle the additional esbmated maximum of 2,283 vehicles per day generated by th~s subdivision when fully built out It should also be noted that the applicant has present, ~d a Traffic Impact Analys~s (TIA) as part of the required ~nformat~on for a Zoning Plan appl~cabon Th~s study has demonstrated what ~mpact should be expected from th~s development, as well a~ what transportation ~mprovements w~ll be required of th~s development D Pedestnan L~nkages ZP O0 009 5. I Sidewalks along all pubhc streets are required An accessible route to all public braiding entrances are required by Texas Access~blhty Standards (TAS)i 2 Util,t,es Th~s site has access to ex,sting water and samtary s~wer hnes 3 Dramnage and Topography New development w~ll be required to design and conslruct a drainage system to city standards A prehm~nary drainage study will be required with the s,ubmlss~on of a prehmlnary plat The study must ~nclude calculations of the 100-year storm for ~11 drainage areas on th~s property and any area that drams towards th~s property The developer must ~ndlcate the method by which the run- off w~ll be carried across the property or stored on th~ property 4 Smgns As per the s~gn ordinance Pole s~gns should be, prohibited w~th~n the development This requirement can be wntten ~nto the ordinance as a c0nd~bon of approval 5 Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances 6 Landscapmng Th~s property wdl have to comply with the new Landsqape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) In add~bon, th~s development w~ll provide entrance landscaping and street trees These landscaping features can be used under the ~ntenm regulations to achieve !a greater overall density 7 Open Space and Recreational Areas T ' h~s residential development w~ll be required to i~)art~c~pate in the development of pubhc recreabonal, areas Through the Park Dedication q)rd~nance (98~039), th~s development w~ll contnbute to park land dedication and park development fees Ded~cabon requirements are required during the platbng process Park development fees are requ~rod pnor to the ~ssuance of building permits In addition, the apphcant ~s proposing to dedicate a~t least 1 04 acres of the development as pnvately-malntalned open space , 8 Lmghbng Llghbng on the property should be demgned and ma~hta~ned so as not to sh~ne on or otherwise disturb surrounding res~denbal property or to sh~ne and project upward to prevent the d~ffus~on ~nto the night sky Th~s requirement can be wntten ~nto the ordinance as a condition of approval 9 Envmronmental Quality mmpacte , No s~gn~flcant ~mpacts are anbc~pated ZP O0 O0~) 6 I - January 14, 1969 - The subject property was placed ~n Ithe Agricultural (A) zomng d~stnct and land use clasmficabon by Ordinance 69-01 Not~ce of the zoning request was pubhshed ~n the Denton Record~Chromcle on Saturday, October 28, 2000 Twenty-n~ne (29) property owners w~th~n two hundred feet were ma~led legal nobces and 79 residents w~th~n five hundred feet were sent courtesy r~ot~ces ~nformmg them of the request (see Enclosure 5) As of this writing, there have been one (1) response opposed to the zomng request (see Enclosure 6) A neighborhood meeting was held on the evemng of Wednesday, November 1, 2000 See Enclosure 7 for details of th~s meeting Staff recommends approval of ZP-00-009 w~th the followlng cond~bons 1 Lighting on the property should be designed and maintained so as not to sh~ne on or otherwise dmturb surrounding remdent~al property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 2 Uses allowed In the Neighborhood Service secbon shall be hm~ted to the hst shown ~n Enclosure 2 3 The Project Plan must prowde for pedestrian and vehicular connect~wty between the proposed neighborhood service and remdentml uses 4 Architectural demgn ~n the neighborhood service area shall be compabble to that of the remdent~al area and shall ~ncorporate Urban Demgn Pnnc~ples as ~denbfled ~n The Denton Plan 5 Open space shall be privately owned and maintained 6 Pole s~gns shall be prohibited I move to recommend approval of ZP-00-009 w~th the following conditions 1 L~ghbng on the property should be demgned and ma~ntmned so as not to sh~ne on or ZP O0 009 7 otherwme d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 2 Uses allowed ~n the Neighborhood Service sect~op shall be hm~ted to the hst shown ~n Enclosure 2 i 3 The Project Plan must prowde for pedestnan andivehmular connect~wty between the proposed neighborhood service and remdent~al u{es 4 ^rch~tectural demgn ~n the neighborhood service ~rea shall be compabble to that of the residential area and shall ~ncorporate Urban Demgn Pnnmples as ~dent~fled ~n The Denton Plan , 5 Open space shall be pnvately owned and ma~ntaiped 6 Pole s~gns shall be prohibited 1 Recommend approvalas submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Zomng Plan 2 Zomng Map 3 Density Calculation Worksheet 4 Permitted Uses ~n Neighborhood Service Area 5 200'-500' Not~ficabon Map 6 Property Owner Responses 7 Neighborhood Meebng Informabon ZP O0 009 8 ENCLOSURE 2 ZP-00-009 (Teasley Tract) NORTH SITE A ZONING MAP Agenda Date' November 8, 2000 Scale None 10 ENCLOSURE 3 DENSITY CALCULATION IWORKSHEET Area Summary/Base Dens ty Calculation Land Classification Area (acres) Bi~se Density # of Lots Floodway 0 0 Flood Fringe 0 i 1 5 Other ESA 0 1 5 Unconstrained 15 5 , 3 0 46 5 TOTAL 15 5 ...................... Base Density (47 / 15 5) 3 0 unlt~ per acre Increased Density Calculation for Dedications Land Classification Area Increase In Increase (acres) , Density in Units Open Space 1 04 47 x 3% 1 Afl Housing (Ba~e # of Lots) x 10% School (BaGe # of Lots) x 10% Rec Facility (Ba, Ge # of Lo!s/ x 10% Base Umts plus Increase from De&cations 48 units Gross Area lt5 5 acres Density with Dedications ~ 1 units/acre Increased Density Calculation fpr Design Features Number of Design Density FaCtor Increase In Elements ~ Density 6 0 ldu/a per 3 elements 0 2 du/a Total Density with Dedication and Design Feptures Base Density (47 umts / 15 5 acres) 3 0 umts per acre Density with Dedicabon Increases 3 1 umts per acre Density due to Design Elements 3 3 umts per acre TOTAL ALLOWED DENSITY 3 3 umts per acre Total Allowed Number of Units 3 3 X 15 5 acres 51 umts Density (Gross) 3 3 umts per acre · (51 units / 15 5 acres) Density (Net of ESA's and Dedications) 3 3 umts per acre · (51 units/15 5 acres (Unconstrained)) 11 ENCLOSURE 4 ZP-O0.~O09 List of Permitted Uses in Neighborhood Service Retad Area Art Gallery of Museum Church or Rectory Institution of Rehg~ous or Phdanthrop~c Nature Park, playground or Public Commumty Center TelepHone, bus~ness office Antique Shop Bakery or Confectionery Shop (Retail) Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weawng Shop Florist or Garden Shop Handicraft Shop Laundry or Cleamng, Self Service Offices, Professional and Administrative Restabrant Retail Stores and Shops 4,000 Square Feet or I.ess Studio' for Photographer, Musician, Artmt or Hel ~lth 12. ENCLOsuRE $ NORTH ZP-O0-O09 ,(Teasley Tract) 200' Legal Nobces sent via I Ma~l 2_~9 500' Courtesy Notices sent via, Ist Class Ma~l 7_9_9 Number of responses to 200' bf~gal Notice · Opposed ! · In Favor 2 Neutral 0 Percent of land within 200' in 3position I 32% Agenda Date ~ November 8, 2000 Scale None 13 ENCLOSURE NOTICE OP pUB[;iC HEARIN6 ZP-00-009I The Planmng and Zoning Commission of the C~ty of DentOn w~ hold a pubhc heanng on Wednesday, November 8, 2000, to conmder recommending approval tqC~ty Council a Zomng Plan for a 19 57 acre tract located on the northeast s~de of the intersection of Teasley Road and Ryan Road (see map on back side) The property ~s currently zoned Agricultural (A) The ~ntent is to rezone the property to a Planned Development (PD) conta~ning single-family res~delntlal and neighborhood service retail The pubhc hearing w~ll start at 6 00 p m in the C~ty Cour~c~l Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own pr~pe~y w/th/n ~o hundred (200) feet of the subject prope~y, the Planning and Zoning Commiss~on~would tike to hear how you feel about th/s zomng change request and inwtes you to a~end the publ~q heanng Please, ~n order for your opinion to be taken into ac~unt, return th~s form with your comment~ pnor to the date of the pubhc hearing (Th~s in no way prohibits you from a~end~ng and pa~c/pat/ng I~ the pubflc heanng ) You may fax it to the number located at the boffom, mail ~t to the address below~ or drop ~t off in-person Planning and Development Depa~ment 221 N. Elm St Denton, Texas 76201 Attn. Thomas B Gray, Planner I The zomng process Includes ~o public heanngs designed to provide oppo~umbes for c~bzen involvement and comment Prior to the public heanngs, ~andowners within ~o hundred (200) feet of the subject prope~y are notified of the zoning request by Way of th~s nobce The first pubhc hearing ~s held before the Planning and Zoning Commmsion The Commission is ~nformed of the percent of responses in suppo~ and In opposition Se~nd, the zom~g petition ~s fo~arded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the,~ty Councd If owners of more than ~enty (20) percent of the land area within ~o hundred (200) feet of the s~te submit wntten oppos~bon, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposi~lon Please circle oae ~ In favor of reques~ Neutral to request Opposed to request Printed Name ~ ) ~t~ r J,~ , City, State Zip Telephone Number ~) ~ ~ ~ / / , Physl~l Address of Propedy within 200 feet CITY OP DENTON, T~AS c~w HALL WEST · DENTOn, TE~S 76201 · 940 349 8350 · (F) 940 349 7707 Z~OGO09 2~ Notice NOTICE OF PUBLIC HEARING ZP.00.009 i The Planning and Zoning Commission of the City of Dentohw~ll hold a pubhc hearing on Wednesday, November 8, 2000, to consider recommending approval to ~C~ty Council a Zoning Plan for a 19 57 acre tract located on the northeast side of the Intersecbon of Teasley Road and Ryan Road (see map on back side) Tbs property is currently zoned Agricultural (A~ The intent ~s to rezone the property to a Planned Development (PD) containing single~fam~l¥ residenrt~al and neighborhood service retail The pubhc heanng will start at 6 00 p m ~n the C~ty Council Chambers of O~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thru two hundred (200) feet of the subject proper~y, the Planning and Zoning Commiss~on v~ould tike to hear how you feel about this zoning change request and invites you to attend the publ/c ~eanng Please, ~n order for your opinion to be taken into account, return this form w~th your commentslpnor to the date of the pubhc hearing (Th/s in no way prohibits you from attending and partic/pat/ng ~nlthe pub#c heanng ) You may fax it to the number located at the bottom, mall it to the address below, ~)r drop it off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Thomas B Gray, Planner I The zoning process includes two public hearings desi~ ned to provide opportumt~es for citizen involvement and comment Prlor to the public hearings, Is ndowners w~thln two hundred (200) feet of the subject property are notified of the zoning request by w'~y of this notice The first pubhc hearing held before the Planning and Zoning Commission The ;omm~ss~on ~s informed of the percent of responses in support and in opposition Second, the zonm~ pebbon ~s forwarded to the City Council for final action prm/Idlng the Commission recommends appr¢ val Should the Commission recommend denial, the petitioner may then appeal the request to the C ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet ¢ f the s~te submit written opposition, then s~x out of seven votes of the City Council are required to apprpve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one' Neutral to request (~pposed to reauest Signature .~1~~ /XJIg~t.-} , City, State Z,p ~ CV~f~; ,-~- "'~, q~-I 0 NOV 0 8 ~000 ' NING & DEVELOPMEN Physical Address of Property within 200 feet ~ CITY' OFDEN~'ON, TEXAS CITY HALLWEST · DEN3 ,0 · (F) 940 349 7707 ZP-O0-O0~ 200 Notice -- , ~5 SENT BY XEROX CORP ,11~10~ 0 ,I0 O4~tbi , I I GEN ~KT OTI-, B4034~7707,# 1/ 1 No'rzcE OF PUBI 'rc HEAR];NG ZP-00-00S The Planning and Zoning Commission of the CKy of Den~ =n will hold a public heanng on Wednesday, November 8, 2000, to consider recommending approval tt City Council a Zomng Plan for a 19 57 acre tract located on the northeast s~de of the Intersection of i I'easley Road and Ryan Road (see map on back s~de) Tl~e property Is currently zoned Agricultural (~,) The intent Is to rezone the property to a Planned Development (PD) containing single-faro ly reside 3tlal and neighborhood service retail The pubhc hearing will start at 6 O0 p m In the City Cou! c~l Chambers of City Hall located at 215 E McK;nney Street, Denton, Texas. Because you ow;l p~ ~perty within ~Wo hundrecl (200) feet of the subject prope~G,, the Planning end Zoning Commission, ~ould like to hear how you feel about th~s zoning change request end Invites you to affend the public heanng Please, In order for your opinion to be taken Into account, return this form w~h your comment= prior to the date of the publm hearing (Th/s In no way prol~/blts you from a~tendmg and participating i the public hea~fng ) You may fax it to the number ocated at the bottom, mall It to the address below~lor drop it off In-person Planning and Development Department 221 N. Elm St Denton, Texas 7620~ Attn; Thomas B Gray, Planner I The zoning process includes two pubic hear, ngs des. gned to provide opportunities for citizen Involvement arid comment Prior to the public hearings, I! [ndowners within two hundred (200) feet of the subject properly are notified of the zoning request by v ay of this notice The first public hearing ~s held before the Planning and Zoning Commission The~ Commission ~s informed of the percent of ~iesponses in support and In opposition Second, the zonlnl i petition is forwarded io the Cn'y Council for hal action pr~vldlng the Corem ss on recommends appri ,val Should the Convnlsslon recommend denial, the petitioner may then appeal the request to the ~ Council If owners of more than twenty (20) percent of the land area wlth,n two hundred (200) feet Of the e~te submit wrftten opposltlon, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are u~ed to calculate the percentage of lan~w, er opposlt?n. . ~ lease circle on~: ~-"~v~ Neutral to request Opposed to request Comments: Signature ~ Pdnted Mailing Addres~ ..,.~. City, State Zip Telephone Number ~>~'~::~ -,~"-,.~' - ~',;,2.. I Physical Address of Property within 200 feet' CITY OF DENTON, TEXAS ClTY~LLWES? - DENTON TEXAS 7820'1 . 9403498350 . (F)9403497707 NOTICE OF PuBEI¢ HEAEIN ZP-00-009 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, November 8, 2000, to consider recommending approval to C~ty Councd a Zoning Plan for a 19 57 acre tract located on the northeast s~de of the Intersecbon of~Teasley Road and Ryan Road (see map on back s~de) The property Is currently zoned Agncultural {A) The Intent is to rezone the property to a Planned Development (PD) containing single-family residential and neighborhood service retail The pubhc hearing wdl start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own pi~operty within two hundred (200) feet of the subject property, the Planning and Zoning Commlss/onl would hke to hear how you feel about th/s zoning change request and Inwtes you to attend the public heanng Please, in order for your op~mon to be taken into account, return th~s form w~th your comments prior to the date of the public heanng (Th/s In no way prohibits you from attending and part/cipat/ng In the pubhc heanng ) You may fax It to the number located at the bottom, mall it to the address below, or drop ~t off In-person Planning and Development Depa~ment 221 N Elm St Denton, Texas 76201 Attn Thomas B Gray, Plannerl The zoning process Includes two public hearings designed to provide opportumbes for c~bzen involvement and comment Prior to the public heanngs, Ilandowners within two hundred (200) feet of the subject property are notified of the zoning request by [way of th~s nobce The first public heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses ~n support and in opposition Second, the zonlr~g pebtlon is forwarded to the C~ty Councd for final action providing the Commission recommends apploval Should the Commission recommend denial, the petitioner may then appeal the request to the|City Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) fee~ of the site submit wntten opposition, then six out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle ohe /...-~ ~ In favor of request Neutral to request Comments Telephone Number (21~L3- ~'~-3.'~r~-t-5'7.~ Physical Address of Property within 200 feet CITY OFDENTON, TEXAS C~TY HALLWEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 ZP-O0-O09 200 Notice ENCLOSURE 7 PLANNING & DEVELOPMEINT DEPARTMENT MEMORANDUM TO. MEMBERS OF THE PLANNING AND ZONING COMMISSION PROM THOMAS B GRAY, PLANNER I SUBJECT' ADDITIONAL ITEMS FOR ZP-00-009 (TEA~LEY TRACT) DATE V/EDNESDAY, NOVEMBER 8, 2000 CC' Here ts add~t,onal material regarding the Zoning Plan for the 19 57 acre Teasley Tract near the corner of Teasley Road and Ryan Road slgnqn sheet from ne, ghborhood meet,ng held Wedmesday, November 1, 2000 c,ttzen comments from neighborhood meet,ng City of l~on, Pbn.,.g and Develolan~ 221 N l~lm, Denton, Texas 76201 www cityofdemon corn (940) 349 8350 f~ (940) 349 7707 19. ZP-00~009 Zoning Plan Citizens' comments from neighborhood m~eting held November 1, 2000 · I dadn't receave a legal not,ce, yet I've owned m~ house for four months The mty's tax rolls need to be updated more often · How many stones wall the nonresadentaal develc ,ment be9 · I'm womed that the nonresadentml area will be r, ~zoned to allow apartments · The strip center down the street (at the comer of Feasley and Robanson) has failed, why does anybody flunk that retail will work he~ · I would have a problem wath alleys right behtnd: ny house Please prolub~t alleys along the perimeter of the property · Will the residents of this development have thetr [own commnntty amenat~es center9 I don't want the residents of thts development to u~e the neighborhood pool m Summit Oaks · Thc arelutecture of thc nonrcsadentml structures ~hould look lake the ones being built aloflg Lflhan Mtller, we don't want at to look hk~ the ugly strip center down the street · There as too much traffic on Teasley as at as, thru ~levelopment will make traffic WOl~Je * Does there have to be a nonresadentaal component to flus development? Why can't homes be put there as well? Why can't a park be put there instead? · Wffi the nonresadentml area be screened? We do~'t want to see dumpsters from our homes an Summat Oaks · I'm opposed to a washatena or restaurant bemg l~eated m the nonresldentaal area · Wall two-story homes face into our back yards~ Ensure deeper rear yard setbacks for homes abutting Summit Oaks · Wall the trees on the sate be proteeted~ · I'm glad that the antennas currently on the propc ~y are gmng to be removed 20. ATTACHMENTII 2 I Page 79 at these people who have homes on then' 1 ~1 would include 15 acres of single family res~dentml aod up constden~d a home And a lot of these people 2 I to five acres of neighborhood service/retail considering to braid out or subdivide It's 3 ~ I The proposed density on the subject property ; they would say dunng the elections 4 ~ for the smgle-famdy residential would he 3 3 unas I'm just 5 Th~s is the zoning plan that ~s In your packet th~s 6 6 evening The minimum lot s~ze proposed for the 7 that' City services 7 single family residential lots ~s 4,000 square feet The 8 MCNEILL 8 apphcant Is proposing to set aside I 04 acres m th~s 9 very muoh Is thero 9 general area Features such as street trees h~ke and 10 addmon ready for the vote'~ Vote 10 b~ke trails and landscaped areas have been proposext m 11 please passes 3-2 11 accordance w~th the density standards and crlterm ot II~e 12 (~ HOLT AND GOURDIE VOTED IN interim development regulatmns We've also eccoumged 13 13 other design elements such as alleys and courtyard 14 MR t to hear from 14 streets They will be fllastraWxl in the future project 15 asr want to see if staff 15 plan but are not shown on the zomug plan at th~s amc 16 16 This is In the neighborhood centers area of 17 NO, so' 17 the Denton Plan The proposed apphcat~on is m 18 MCNEILL okay Is ti do we need to 18 compliance with the Denton Plan The appheant d~d 19 heard Raght ts 19 present a traffic unpact analys~s as a part of the zoning 20 discussion or ~ moUon 20 requirement The study did demonstrate that the ~mpact the rezomng of this land? If tt 21 expected from th~s what the impact should be expected be zoned Agricultural 22 from this development, as well as what transportation MR RISHEL I'll make a motion I'd like 23 lmprov~nents will be required of this development make a motion 24 Staff recommends recormnends of approval of approval of Item 12C as tt would ~ zP oo oo9 w~th the following condmons hghtmg on the Page 80 I annexed or recommended for annexation I property should be designed and maintained so as not to 2 ts there a seaond? 2 sh~ne on or otherwise disturb surroundlug residential 3 MS 3 property or to shine and project upward to prevent the 4 Ma MCNEILL and 4 dfffuemn into the night sky, uses allowed ~n the 5 seconded t~ 5 neighborhood service section shell be hm~ted to the hst 6 Agricultural Is thvre ~ discussion? 6 shown ~n Enclosure 2 thc project plan must provide for 7 Vote on t Morton 7 pedestrian and vehicular connectivity between the proposed 8 where are we on tho .4 8 neighborhood service and res~dentml uses archRectural take a break or are we about through? 9 design in the neighborhood service area shall be ~10 compatible to that of the res~dentml area and shall 1 ] MU MCNEILL okay At thus point, wo have 11 incorporate the urban design pnnc~ples as ~dent~fied m 12 I~m 15, hold a pubhc beanug and consxder recommending 12 the Denton Plan open space shall be privately owned and 13 approval to tl~ City Council a zomug plan for a 19 6 acre 13 maintained and pole s~gns shall be prohibited 14 tract located northwest of the intersection of Tensley and 14 There was a neighborhood meeting that was held 15 Ryan And Ms Ratehff will be making the repor~ m place 15 on Wednesday, Nox ember I st I thd pass out to you a hst 16 of Mr Co'ay 16 of those residents that were m atlendance and a sunmmry 17 MS RATCLIFF Y'all get to hear me some more 17 of the comments Mr Allen Bussell is here this cvemng 18 Mil MCNEILL YOU're doing good You're 18 representing th~s apphcat~on He has proposed some 19 holding up woll 19 changes to the text of the zoning plan to meet some of the 20 MS RA'rcLIFF YeS, sir Before you this 20 concerns of those neighbors that anended the neighborhood 21 evening we have a public hennug scheduled to consider a 21 meeting I'll let him address that with you I'll be 22 rezomug on this property that ~s northeast of the 22 happy to entertain any questions that you ought have 23 ~ntersectl0u of Teasley and Ryan Road It ~s currently 23 M~ MC~LC commissioners, do you have a 24 zoned Agricultural They'ro requestang to rezone 19 57 24 question for staff before we hear from the apphcant7 25 acres to planned Development This Planned Development 25 i Thank you very much At tins tame then I'll open the PLANNING AND ZON-IN(} COMMISSIO"*2~. --"'"'~VEMBER 8, 2000 Page 77 - Page 80 Condens~ItTM Page 81 ] Page 83 I pubhc heanng and ask ~f thoro is tho app leant or I ~ strangely shaped 2 applicant's eepresentattve, is he or she here to make 2 [ I hope - I feel and I think I have provided 3 comments? 3 I enough control to ensure we get a quality development out 4 MR BUSeI~LL My name is Allen Bussell I'm 4 ~ of this And I've been using the interim regs and the 5 employed by Surveyors and Engineers of North Texas, 1621 5 ! draft of the new Design Code to do that If you have any 6 Amanda Court, Ponder Ym hero representing my client on 6 questmns, I'll be happy to answer them 7 this project Thts Is a lli~le bigger It might be a 7 I MR MCNEILL Commlesloner R~shel has a 8 little easier to zoom in on These are the changes that 8 i question 9 have been made and I'll point out the changes because I*m 9 i MR RISHEL Thank you Can you give me an l0 sure you've gone flu'ough your backup already to see what 10 ' Mca of some of the varmus lot s~zes as you come past the 11 thedestgnenaompasses So I'll go over the fow chenges i1 i clrcularfeatumandmtothesubdlv:smn? Furexample 12 that wore made after the meeting with the neighbors 12 ~ ff you turned left on that street and then conhnued 13 Tho first one in thc nonres,den.ai lots, ff :~l around the curb the f~rst two lots that are fuli size 14 you como down, I added a maximum height of two and a half lots how big would the one on the north and the one on 15 stories In the compatththty standards, come down to 15 the south bo approximately? 16 masonry, under masonry, braidings, the last line, 16 Ma BUSSELL It's been awhde since I laid 17 bufldlngslwlthln ne~ghborhcod service shall be 17 [ th~s out It's probably over 7 000 I'm not sure We're 18 architecturally compatible to the single famdy homes m 18 I gems at a density hero of 3 3 19 thearea Oodowntolandscapmgandscreenmg, tho 19 ~ MR RISHEL Iunderstand 20 second heading under that, neighborhood service buifered 20 i MR BUSSELL SO We can get some varying lot 21 wlth ex:stmg homes to the north Two-storybmldmgs [21 I s~z~s 22 w~thm 200 feet of the north boundary shall have no second 1 22 ] MR RISHEL I understand So the one on the 23 story windows facing the north And this ~s to prey:de 23 I north ~s about 7,000 and the one on the south ~s? 24 them, those homc~ to the north with privacy And the next 24 I MR BUSSELL I don't know It's probably 25 one, co:sting homes on the north and east will he buffered 25 i close to 9,000 I don't know Page 82 , Page 84 I from tho aew homes w~th a 25 foot rear braiding hse And I I MR RIgHEL Okay So the one we looked at in 2 then on the s~ond page, no alloys will be allowed along 2 the north ts kind of typical to one of the smaller lots, 3 the north and east boundaries of this property And 3 is that correct9 4 that's to Save thc ex:sUng trees that am there on thc 4 MR BUSSELL Right 5 fence hne And there's some pretty s~gmflcant trees 5 MR RISHEL Okay And the road size in that 6 there And those are the changes that We made 6 area, what would the road size there be9 7 The shape of thc open space might get you 7 MR BUSSELL I believe I created this with a 8 there and I understand that :t looks kind of strange It 8 28-foot back to back 9 looks strange beeaus¢ I lam out tho property conceptually 9 MR RIgHEL Okay I sec there's also some 10 to get a lot count, basically, and how th~s thing would be 10 features that have 2g-foot roads and 22-foot roads 11 laid out You would enter tl~ property here Upon 11 MR BUS,ELL I also addressed the road s~zcs 12 entenng tho property, you'd see an entry stat~nent A 12 -- I apologtze -- with a note saymg that the roads would 13 traffic clrel~ there that would not only slow t~afft¢ 13 be -- forgive me, I don't have -- 14 go:nc m and out but would provide a place whore We could 14 MR RISHEL It shows residential streets and 15 put some stgnage there, some mca slgnage either tolling 15 residential lanes Are the residential lane features, 16 people what tl~ sub&vmon was or maybe soma small signs 16 would you point those out? 17 showmg what tho stores wero there I'ar not sum what 17 MR BUS,ELL Say that agam I'msorry 18 wouldgnth~"ebutawouldprov:deamcoentry 18 MR RI5HEL One of the notes, lwas looking 19 And then. of course, right after that, th~o's 19 at the landscaping, it shows a 28-foot what they call 20 landscaped area and then the trad system connoctang the 20 22-foot run lanes 21 homes ~n the back of the area away from tho strents 21 MR BUS,ELL Those I got from the Denton 22 connecting thom to the front selghborhood service wher~ 22 Plan 23 they could walk down on a Sunday morning, grab a paper and 23 MR RISHEL Okay You don't propose using a 24 some coff~, if they wanted to without getting in their 24 28-foot width street, is that correct9 25 car to do it And so that's why that open spacn is 25 I MR BUSSELL I propose to Use whatever street PLANNING AND ZONING COMMISSION Nc~xr~"'~BER 8, 2000 Page 81 - Page 84 Condons~ItTM Page 85 Page 87 I standards are tn effect at the time of project plan and 1~] MR BUSSELL My Vision here Is actually to 2 site plan approval 2 ~ push the garage away from the street, to push it back from 3 MR RISHEL That's my questlon Thai'stay 3 the front of the house so you don't drive down the street 4 ques~on exactly 4, and see garages It's ugly 5 MR BUSSELL And I added a note, Note 5 over 5 Ma RtSHeL ^pprec:aCe it Thank you 6 there, right over by thc streets, it says street cross 6 MR MCNEILL CoImOlSSlOner Momno 7 sections shown for dlustratton only And then from the 7 MR MORENO Yes sir I'm hawng difficulty 8 approved Denton Comprehanstve Plan, subject tract street 8 with my anthmenc here You're proposing a minimum lot 9 sections shall conform to thc subd~viston cross sections 9, s~ze of 4,000 square feet 10 tn effect at the time of platting and/or project plan 10 Ma aUSSELL tn the nonresldeanal section 11 approval I 1 MR MORENO In the nonresldeneal 12 MR RISHEL I think my point ts that there 12 , MR BUSSELL Yes sir, in the neighborhood 13 arc some features that allow for 28-foot wide streets or 13 center neighborhood service area 14 lanes to work for us In our commun,ty and there's some 14 ~ MR MORENO okay And what's your mlmmum 15 sttuat,ons where it's much more appropriate to have a 15 lot size on the msldentml? I guess I missed it 16 wider street than 28-foot, as an example And I'm just 16 MR BUSSELL I don't have a rmnlmum lot s~ze 17 trymg tO find out, as I look at the plan that you have 17 in the msldeatlal I have a 3 3 units per acm 18 put forth here, what are some of the features that you see 18 Ma MORaNO 33 units per acre Okay 19 or you believe that would make the 22-foot wide lane 19 That's what was confus:ng me Yeah, It does say mmnnnm 20 appropriate for your subdivision in some areas or do you 20 residential lot size of 4,000 square feet m our backup 21 see that as appropriate9 21 I guess this was prepared by staff But ~t would appear 22 MR BUSSELL Only wlth an alley and only on a 22 to me that you're mlmmum restdeataal lot size would be 23 fairly short street, 600 feet or less probably 23 much greater than 4 000 square feet It could be up 24 MR RISHEL okay 24 around 25 MR BUSSELL And definitely with street 25 ' MR 8USSELL It's either going tu be really Page 86 Page 88 I trees But I have yet to see an unproved 22-foot street I big, probably over 6,000, probably less than 16,000 It 2 section by engineering 2 depends on really how much open space that they want If 3 MR RISHEL would most of the homes that you 3 they want three acres of open space, then lots are going 4 have tn this area, as you would build this out, would they 4 to be a little blt smaller Whatever is going to g~ve the 5 be two-car garages? 5 3 3 umts per acre And there might be a variety of lot 6 MR BUSSELL Yes That's stated m the 6 sizes there and that's my hope and I believe that's what 7 design standards 7 , city staff would like to see 8 MR RISHEL And the setback on there ts trke 8 Ma Me.sILL Let me follow up - Commissioner 9 20-foot, Is that cot'rectO 9 Moreoo Is looking for adthttonal comments and follow up on 10 MR BUgSELL That's correct 10 the backup material from staff That's a mistake in the 11 MR RiSHEL To the property hne so that 11 backup materlal from staff ls what I'm heanng Isthat 12 would -- I presume that If you have a two-ear garage, that 12 correct? That it's not really a minimum lot size of 4 000 13 would probably -- and if It's front entry, that that would 13 , square feet 14 be at least a 16-foot wtde or wider driveway 14 Ma MORENO Yeah, I'm looking under the 15 MR BUSSELL we're under the mternu regs so 15 , summary of zoning requests second paragraph 16 I don't recall the percentages but a eartam percentage of 16 Ma MCSEILL Yeah it's not 4 000 So that's 17 these have to be J-antry so they can't be front antry 17 a mistake ~n the backup matanal 18 MR RISHEL okay My concern is that 18 ua MOa~NO Thanks That helps 19 somettmas when we get homes that are set a httle blt 19 MR BUSSm.[ You're welcome 20 closer to the property line because of the necessity for 20 MR MCNEILL Thank you Excuse me 21 having sidewalks and parlang and cars, that we see m our 21 Additional quesoons for the apphcant? Conumssloner 22 area being a little blt larger cars, that we and up with 22 , Momno, I didn't mean to cut you off I just wanted to 23 people parking on the street and makmg congestion and 23 ~ make that point there that n looked like there was an 24 that's not what we would design as broiders and see as 24 error In the material 25 desirable to have a quality sub(hvlsion 25 MR MOanNO Yeah, tt sum ~s PLANNING AND ZONING COMMISSION '""~'MBER 8, 2000 Page 85 - Page 88 23. Condona0ItTM Page 89 Page 91 ] MR BUSSELL t aught also point out that that 1 I what that was 2 open space, of course, that shape may change depending on 2 ~ MR BUSSELL A pedestrian trail connecting 3 what the actual layout ~s going to be those back lots to the neighborhood service 4 MR MCN~ILL comIRissloner Rashal MR RtSHEL SO lt'5 OOthlog that's a 5 MR RISHEL If that's a mastake, what should 5' flood type feature or anything for drmnage 6 at read instead of 4,0007 6 ! MR BUSSELL NO BO, nO, no In fact the 7 MR RIgICHHART I believe the antenm regs 71 drainage goes thus way 8 hm~t the minimum lot saze to 4,000 In no ease should 81 MR RISHEL It looked lake at on the contain s 9 any lot be less than 4,000 But being a zomng ease, we 9, to me Okay Thank you l0 could lumt at to 5,000 I mean, ff you want to put a l01 MR MCNEILL Thank you very much Seems no l I mmamum on at, the antent as to go wath the dans~ty 11 I hghts I assume there are no add~tmnal quesuoos And 1:2 reqmrement to vary tho lot s~zes and try to get away from 121 as we stated earher, this as a pubhc heanng Is there 13 a mlmmam lot saze But you stall havu tho thsoretmn to 13 l anyone in the audience who would like to speak m lax or of 14 recommend a mmamum lot saze 141 this petmon? Anyone hkc to speak an favor? Pleasu 15 MR MCNetLL isn't philosophy of the antenm 15 ' come forward and state your name 16 regs and the new Zooms Code to get awey from lot saze and 16 MS BaADsH^w My name as Soodra Bredshaw and 17 go to density? 17 I'm at 3821 Wfllowlek Carele Raght hero as Wdlow~ck 18 MR RE[CHH.ART YeS 18 ~ Curule so we're located right here And I just wanted lo 19 MR MCNI~ILL SO the statement really should 19 [ say outstandang I am so thankful We had a neaghbolhood 20 he the requested deastty for thc resadential portion of 20, moating wath Mr Gray and Ws just wonderful to reahzc 21 the development as 3 3 umts per acre, period 21 that they're actually hearing what we're seymg and 22 MR REICHHART corlg~t And in the new 22 anterested in workang wath us wath the hghtmg and we 23 regulataons, there am addataonal desagn reqmremoots as 23 ~ desare to preserve the trees on the east sldc and and the 24 your lot gets less than 10,000 square feat, archateetural 24 north s~da by not putting alleys an And so I'm glad to 25 standards, street trees, and front porches and all those 25 hear that they're thinking that way Page 90 Page 92 1 type of things I ~ One thing that we dad stall have a concern 2 MR MCNEILL whach are not in effect yet but 2 about as we had menUooed that up hero at the front 1 3 I'm just ,- m the new Zoning Code 3 i foal comfortable representing our ncaghborhood because 4 MR REICHHART Correct 4 I wc're faarly close out there There's 67 homes and four 5 MR MCNEILL Yes Very good Commassmner 5 or five more that are closing thus month And I'm aware 6 Rashel, does that answer your question? 6 that the Elhsoos and thc Flowers and other famthes that 7 MIL RISHEL It bnngs up more questaons I 7 are hvmg right up an thus area were anterested an being 8 thank than it answers I appreamte whew we're try to go 8 i certmn that whatever hght retad or resadentml retad 9 wath dcnsaty and I appreamte the vaslon that you've tr~ed 9 ] ff you would, that's put an does not include giant 10 to bring forth of how you sea at I guess ff I was going 10 I floodlights that are gems to be on an the evemng i I to settle for a smaller lot saze and yet allow for tho 3 3 11 I parkang hghts or right now, thc Chevron statmn that s 12 umts per acre and densaty, I'd look for a hasher standard 12 I down towards Ryan Road as while obnomous and they don t 13 in my masonry and some of my other things that I maght put 13, want anything hke that an thear hackyard So that would 14 forth 14 be the ouly concern that we maght have But we wahl to 15 MR 15USSELL That's why I went to a 75 15 thank you very much for hstenmg and for allowang us to 16 perceat instead of a 50 161 meat with Mr Gray and just the reeaptawty to our 17 MR RISHBL could you put your ooneeptual 17 ] concerns 18 drawing up'/ And I know we're not approving the eoneaptual 18 I MR MCNBILC well, we're very glad that you 19 drawing as you have put at forth, but I'm ettrlous As you 19 came down to express the concerns and support of the 20 look at the water feature, I guess, that's running down 20 l neighborhood 21 the muddle of the east/west dtrection 21 MS BRADSHAW Thank you 22 MR BUSSELL ACtually, It's just a flail 22 MR MCNEILL DO~S anyone have a questmn for 23 MR RISHI~L .mst a teafl 23 her? Thank you very much Is there anyone else in the 24 Ma BL~SELt. A trail 24 I audaence who would lake to speak m favor of thus Agenda 25 MR RIS~I~L okay That was my question as to 12~ atom? Anyone else an the authence? PLANNING'AND ZONING COMI~flS$~ 24. OVEMBER~ 8, 2000 Page 89 - Page 92 Condonsolt TM Page 93 ~i, Page 95 I Is the~ anyone in tho authenoc that would residents were concerned about second story windows from 2 like to speak tn opposition to this casa? Anyone m the 2' tho adjacent residential pecplo looking over That s ~hat 3 authanc0 that would hke to spaak m opposition? Heanng 3l the neighborhood notes identified as a concern ~Vben they 4 nons, I'll class tho pubhc heanng and ask staff ff they said along the northern property hne, I assumed ~t was 5 have any closing comments 51 the res~deatial against the residential 6 MS RATCLIFF staff received tha revised 61 MS OOURDIE wa discussed that and we kind of 7 comments from Mr Bussell Just prior to tha mentlng In 7Il sam that that would not he a posslbihty Poght I 8 reviewing tha proposed amendments to the zoning plan as 8[ think the way that it was finally d~scusscd was th. at it 9 he's - m the handout before you, tho only thing that 91 was only the commercial property could bo comhuoned that 10 staff was concerned about la at tho harem of page 1 under 101 way, that zesidentlal properties can't be hrmted in that 11 landscaping and screening, under neighborhood s~rvioe I II fashion But correct me if I'm wrong 12 buffered from existing homes to tha north Two-story 12l MR MCNE[LL O~S the apphcant want to 13 buildings within 200 feet of tho north boundary shall have 13 respond to that? 14 no second story windows facing the north If you want to 141 MR BUSSELL Yeah The second stoq ,,s-mdo~ ~ 15 have such a statement on the zoning plan wa would 151 I just wanted that for the neighborhood sen'vice secuon 16 reconmicnd that you say that those lots that's arc adjacent 16' I addressed the residential w~th a larger setback in the 17 to those boundaries instead of putting a depth bacausa we 171 back with a 25-foot setback in tha back So thai s hox~ 18 don't know what the lot depth is going to be It could ha 18 we got away frem that because we koew we couldn t change 19 less than tha lots along ~ could he less than 100 191 the Bmldmg Codes and restrict residential heist on each ~0 feet 20! different zones probably 21 MR MCNEILL SO you're suggesting strike 211 MR REICHHART I'd oven have a larger concern 22 within 200 feet and say adjacent 22] rhea for a conunercml braiding of 4,000 square foot the 23 MS RATCLIF[: It could be across tho street 2aI second story not having any vcqndow would be huge 24 and I don't think that was tho intent of thc natghborhood 24 monolithic slab of nothing It's an aesthetic concea'n 25 meeting I may ba wrong but that was just som~Lhmg that 25 MR BUSSELL Then glass block or something Page 94 Page 96 I we saw And wheth~ you want to - ff someone does have a i I that is not transparent but opaque 2 second story and they were within 200 feet but they're not 2[ MR REICHHART I also think this still has lo 3 adjacent to tha pmpecry and they couldn't hava a window, 3~ go through a project plan 4 I don't know if you would really want that 41 MR BUSSELL t JUSt want to protect the 5 MR MCNEILL Yeah Very good 5] neighbors' privacy on that side 6 MR REICHHART I Just want to expand on that 6, MR REICHHART I understand that 7 a little bit, too Quite honestly, I don't think staff 7' MR MCNEILL 80 docs that need to - exct..se 8 would recommend that condition Typically, we don't 8, me but lat me ask staff here, does that need to be m th~ 9 condition second story residential oext to a second story 9! eD or does that neaxt to be in tbe project plan ~ben it l0 residential or single story ras~dential 101 comes forward? 11 And, qmte honestly, ~t may avon be a b~gger 111 MR RE[CHHART I would rather sen it 12 concern Thole might ba bmldmg code tssue$ associated 12l addressed during thc project plan because it could be done 13 with tha second story windows But ~t might oven bo more 13 with screening, landscaping the architecture of the 14 of a aesthetic look Just seamg if you do go to a 14 ] btulthng, and glass block windows would work or fros~:d 15 second story, just a blank wall -- 15 windows or any number of design solutions are out there as 16 MIg OOURDtI~ t think thero was a 16 opposed to just hminng it to we w,ll ha'~e no ,,nndows cn 17 misintea'prctataon I'm sorry !! tho second stary facing north 18 MR MCNEILL comllussIoner Oourdla MR MCNEILL SO If we don't include that -- 19 MS OOURDIE It was for tha commercial and my quesnoo is If we don't include that as part of 20 property, not tho res:deatial properly The tx:quest at 20] th~s Po approval, wa're not excluding the Conmuss~on's 21 tho mcettag was that tho commercial prol~rty, if it's a 21 l abthty to address that when he comes back w~th thc 22 second story, to not hava windows facing north They did 221 project plan 23 not discuss thc rcsident~al prol~'rty It was strictly 23' MR RE[CHHART YOU are not 24 commercial 241 MR MCNE[LL VOry good Okay Adthuonal 25 Ma I~C~IHAI~T ~thought :t was -- tho 12~ questions from the Cormmssion or comments from staff" PLANNINO~AND ZONINO COMMISSIO 2~;~.--qEMBER'~ 8, 2000 Page 93 - Page 96 Conden~oItTM Page 97 I Page 9c~ 2 MR MCNEILL Okay Conmusstoners 2 Gout[he 3 Conmllsstoner Pdshel 3 MS oo~:im[~_ [ just wanted to thank Allen for 4 MR RI~IHEL I Just wanted to get a shake of ~ doing th~s The n~ghbors first came In very cautious and 5 the head perhaps Does Ms Bradshaw concur with where ~ I'm pleased that he made a lot of concess:ons from where 6 we're going as a neighborhood representative that this -- ~ they started and what they wanted I was just very 7 MS BRADSHAW IS that north side? It was our 7 impressed vmh the x~ole process 8 understanding north Wfllowlek Circle would strictly be 8 M~ M~',~ILt.. vet-, good Commissioner Rlshel 9 resident[al Has that changed? 9 MR mSHEL I tO0 would like to thank the 10 MR MCNEILL NO, no 10 neighbors and the neighborhood for taking the tnne to gwe 11 MS BRADSHAW okay 11 input to the dex eloper and the developer taking the tane 12 MR MCNEILL Thank you 12 to hstea, what appear~ to he hsten, and we're counting 13 MR RISHEL Thank you 1 } on you to put forth a quahty development and make sure we 14 MR MCNEILL Very good Commissioners, 1145 safeguard the nc~b~haed~ and the community and we'll 15 additional -- let's see I should close the pubhc look forward to ~orkmg w~th you In thc future and quality 16 hearing, which I don't remember whether I've done it or 16 things cormng from >our offices Thank you 17 not We got on a tangent here But tf we haven't, I'tl 17 Ma MCN~ILL Thank you very much Other 18 close It 18 comments for the Corn. missioners? Okay Very good Are 19 MS RATCLIFF It's been closed 1~ you ready to vole on the moUoo? Good Vote on the 20 MR MCNEILL $O It's closed twice now hoard, please Mooon passes unanimously, 5 0 Thank you 21 Comnusstoners, addatonal comments, dtscosslon, or a all very much 22 mot[on? 23 MS RATCLIFF Staff would hke to state tf 2~ 24 you want to include the additions that Mr Bussell has Ma mt we 25 added, that would need to be a part of your motion Page 98 Page I MR MCN£1LL okay Commissioner Oourthe Record Chronicle today that was in every copy If folks 2 MS OOURDIE DO w~ n~ tO read all the a cop5 of ttus there are numerous copies 3 coothti0ns? , Hall areas Also, w~ 4 Ma MCNE[LL I don't th~nk so I flunk we ,x of the handbook 5 can Just say as pres~uted by - ~ 6 MS OOURDIE Thank you I'd hko to make a 6 look through that 7 motion, please 7 know wha or Saturday 8 MR MCNEILL OO right ahead 8 morning at 1 9 Ma OOUaD[E I move to recommend approval of ~ Calhoun for thc 10 zP co 00~ with tho conth~oas that a~ included in our 1~ meetings Available ~ te in[erst[we 11 backup and also to Include Mr Bassoll's mfurmatlon 1 ~ webslle that folks get some mformat~oo 12 excluding n~aghborhood se[woes buff~'~xl from the ex~stmg 1 ~ on [ha zoning for then' s and what's 13 homes to the north which will bc conslde~t In thc 1 ~ been happcmng w~th ~ behove Friday the 14 detailed plan 1~ revised Code wl~ : getting cop~es 15 MS aAICL[~ SO that would include the l ~ to you 17 are compatible to single-family homes in the area 17 x 18 MR MCNEILL I think U was all that was in can ] 19 this maierlal sure ~ 20 MS RATCLIFF [JUSt want to make sure 20 ssYoea n just dawned on me 21 MR RISHEL AS amended 22 Ma MC~ILL AS amended, y~ Okay We have Saturday ~ not pos~xl for a P&Z meeting 23 a motion Do wn have a second? of you do decide to atiead that meeting, make sun 24 MR RISHEL second comments and you're just there 25 IVIR MCNEILL It'S bean moved and s~onded an observer PLANNING AND ZONING COIVI~SSION 8, 2000 Page 97 - Page 10( 26. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, T iX.AS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTI~ICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPI~ ENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO iLLOW FOR SINGLE-FAMILY AND NEIGHBORHOOD SERVICE RETAIL USES FO APPROXIMATELY 1959 ACRES LOCATED ON THE NORTHEAST SIDE OF THE NTERSECTION OF TEASLEY LANE AND RYAN ROAD AND LEGALLY DESCRIBED AS 19 59 ACRES IN THE B LEWIS SURVEY, ABSTRACT NO 769, THE E PICKETT :;URVEY, ABSTRACT NO 1018, AND THE J FISHER SURVEY, ABSTRACT NO 421, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN TI~ IvlA.,X1MUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDINGi FOR AN EFFECTIVE DATE (ZP-00- 009) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-046 wtuch established certain res~dentlal interim regulatmns (the "Residential Intenm Regulations"), WHEREAS, the Res~dantml Interim Regulatlbns established, among other t!ungs, a Zomng Plan reqmrement m the event of a request to rezbne property, and WHEREAS, on March 2, 2000, the City Counc~ adopted Ordinance No 2000-069 wluch established certmn nonresidential interim regulations (t~e "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other tlungs, a Zomng Plan reqmrement m the event of a request to rezone property, and WHEREAS, SENTCorp, on behalf of Morter~son Broadcasting Co, has subrmtted a Zomng Plan und*r both the Remdentlal Interim l~e.g~,,la~ons and Nonresidential Interim Regulations, a copy of which ,s attached hereto as Extfiblt 'B , for 19 59 acres of land located at the northeast s,de of the intersection of Ryan R~ad and Teasley Lane currently zoned Agricultural (A), with the intent to develop a smgle.farmly residential subdivision as well as neighborhood sermce retml, and WHEREAS, on November 8, 2000, the Plann~g and Zomng Commission recommended approval of a Zoning Plan for such 19 59 acres, and WHEREAS, the City Council finds that the Zomng Plan, with the conditions imposed hereto, if any, meets the requirements of the R~sldentlal Interim Regulations and the Nonresld0ntlal Interim Regulations and is cons~stem w~th the approved 1999-2020 Denton Compreh,nmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 27 SECTION 1 The zoning distract classlficatlqn and use designation of the 19 59 acre property described m the legal description attached ~ereto and incorporated herein as Exhibit "A" is changed from Agricultural (A) zomng dlstr~ct classification and use designation to Planned Development (PD) zoning district classlficat~qn and use designation and a Zomng Plan for the 19 59 acres is adopted, said Zomng Plan belng$ttached hereto and incorporated herein as Exhibit "B" for all purposes, subject to the following c~n&hons 1 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding res~dentml ploperty or to shine and project upward to prevent the diffusion into the night sky i 2 Uses allowed m the Neighborhood Service ~ectmn shall be limited to the list shown Extublt "C" 3 The ProJect Plan must provide for pedestmm and vehicular connectivity between the proposed neighborhood service and rasldengal uses 4 Arctutectural design in the neighborhood service area shall be compatible to that of the remdentml area and shall incorporate Ufoan Design Pnnclples as identified in The Denton Plan 5 Open space shall be privately owned and m~unttuned 6 Pole mgnage shall be prolublted S~CTION 2 The City's official zoning map ts amended to show the change in zomng dlsmct classfficat~on SECTION 3 Any person violating any provision of flus ordinance shall, upon convmt~on, be fined a sum not exceeding $2,000 00 l~ach day that a provision of this ordinance is violated shall constitute a separate and distract offenle SECTION 5 Tlus ordinance shall become ef~ectlve fourteen (14) days from the date of 1ts passage, and the City Secretary is hereby directed to cause the caption of tlus ordinance to be pubhshed twice m the Denton Record Chromcle, o[fimal newspaper of the City of Denton, Texas, wittun ten (10) days of the date of its passage PASSED AND APPROVED this the i day of ~ 2001 E: JLINE BROCK, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 29. EXHIBIT A 19 594 ACRES FIELD NOTES to all that certain tract or' land mtuated m the Benjamin Levns Survey Abstract Number 769, the E Pickett Sur~ey Abstract Number 1018, and the Jerermah F~sber Survey Abstract Number 421, m De,ton County, Texas and being all of the called I9 571 acre tract as described m the degd from Heftel Broadcasting Texas, L P to Morteason Broedeastmg Company of Ca0ton recorded under Clerk's File Number 97- R0055904 of the Real Property Records of Denton County, Texas, the subject tract being more partacularly dascnbed as follows BEGINNING for the Southwest comer oflthe tract being described berem at a 1/2 anch ,ron rod set for the Southwest comer of Lhe smd 19 571 acre tract and the Northwest comer of I.akewood Estates as shown by ~ plat thereof recorded In Cabinet C, Page 193 of the Plat Records of Denton County, Texas m the Northeast hne of F M 2181 THENCE vnth the East right-of-way ofE M 2181 along the arc ora curve to the left having a radt~ of 1,477 39 feet, an arc [length of 7 52 feet (chord bearing North 34 Degrees 18 Minutes 28 Seconds West a distance of 7 52 feet) to the end of the smd curve fi-om which a right-of-way monument bears North 39 De~'ees 12 1Vhnutes 11 Seconds West a distance of 1 42 feet; THENCE North 34 Degrees 27 Minutes 13 Seconds West vath the Northeast linc of F M 21BI and the West line of the 19 571 a~r.e tract a distance of 662 70 feet to a 1/2 inch u:on md set for the Northwest comer thereof and thc Southwast corner of GTE AddtUon as shown by the plat thereof recorded m ICabmet M, Page ! 16 of the Plat Records of Denton CounOy, Texas, THHHCIE North 71 Degrees 09 Minutes 115 Seconds East w~th the South hne of GTE Additloll part of the way passing at a distance of 291 89 feet a the Southeast comer thereof and the Southwest comer of Lot 4, Block D, S.mm.tt Oaks Addition, Phase 1 as shown by the plat thereof recorde,d m Cabinet P, Page 163 & 164 of the Plat Records of Denton County, Telas and contmumg, m all, a total distance of 845 67 feet to a 1/2 inch iron rod found at the South comer of Lot 13, Block D and a reentrant comer of the 19 571 acre tract, THENCE North 12 Degrees 38 Ivlmutes ~3 Seconds East vath the East line of Block D, Sumr~lit Oaks Addition and the West hn~ of the 19 571 acre tra~t a distance of 309 60 feet to a 1/2 tach uon rod found at the Nol}hwest comer thereof, THENCE North B8 Degrees I$5 Minutes 17 Seconds East w~th the North line of the 19 571 a~re tract a distance of 387 97 feet to a fence comer post at the Northeast comer thereof, THENCE South 00 Degrees 23 Minutes 46 Seconds East along a fence vath the East hne of the 19 571 acre tract a &stance of 9~1 35 feet to a 5/8 tach iron rod found at thc Southeast comer thereof m the North ImeSf theh~ smd Block 1, Lakewood Estates, 30. THENCE South 89 Degrees $8 Minutes 14 Seconds West along a fence vnth the North hne of Block 1, Lakewood Estates and the iSouth line of thc 19 $71 acre tract a d~stance of 625 50 feet to a 1/2 tach ~ron rod found ~t a reentrant comer thereof'and the Northerly Northwest corner of Block 1 · Lakewoocl Estates, THENCE South 0l Degrees 18 Minutes 59 Seconds West along a fence wath the West line of Block I, Lakewood Estates and the East hne of the 19 571 acre tract a d~stance of 140 66 feet to a 1/2 tach xron rod found at[ the Southerly Southeast comer thereof and a sahent comer of Block 1, Lakewood Estate~, THENCE South g8 Degrees 32 Minutes 01 Seconds West along a fence vath the South line of Blook l, Lakewcod Estates and thelSouth hne of the 19 571 acre tract a distance of 241 45 feet to the PLACE OF BEGINNINGS and enclosing 19 594 acres of land EXHIBIT C ZP-00-009 L~stofPerm~Eed Usesln Neighborhood Serv~c~ Reta~lArea Art Gallery of Museum Church or Rectory institution of Rehg~ous or Philanthropic Nature, Park, Playground or Pubhc Commumty Centeri Telephone, business office Antique Shop , Bakery or Confectionery Shop (Retail) Cleaning and Pressing Small Shop and P~ckup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Laundry or Cleaning, Self Service Offices, Professional and Administrative Restaurant Retail Stores and Shops 4,000 Square Feet or Less Studio for Photographer, Musician, Artist or H~alth I AGENDA INFORMATION SHEET ^uenda AGENDA DATE: January 2, 2001 DEPARTi~IENT. Planning Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - CA-00-001 (Forester TracO Hold a pubhc heanng and consider approving the Qomprehenslve Plan Amendment of 17 9 acres, from a Neighborhood Center land use classffic', [tlon to a Community Mixed Use Center land use ¢lassfficat]on The site is located at the soutk east comer of Teasley Lane and Hmkory Creek Road A commumty shopping center and officel, are proposed The Planning and Zoning Commission recommends approval (7-0) BACKGROUND The applicant has requested a Comprehensive Plan Ar ~endment for this 17 9 acre property from a Neighborhood Center Land Use dxstnet to a Comn tumty Mixed Use Land Use district (See Attachment 1) A community shopping center and o ~'fices are proposed Approximately 13 3 acres are to be used for retail and service uses, while the remaining 4 6 acres are proposed for office uses The remaining 19 9 acres of the Forest~ r Tract will remmn m the Neighborhood Centers land use designation Denton Independent iSchool District has indicated that a new elementary school Is proposed for the remamlng 19 9 a~:res ~ The subject property is located in an Agriculture I(A) zoning district created when the site was annexed into Denton on November 28, 2000 ~ The apphcant's justfficatlon for the Comprehensive Plan Amendment can be found m Enclosure 1 Staff concurs that a large number of res]dentrol lots have recently been approved In the area, which will add to the current ~ongestlon at 1-35E and Ldhan Miller As identified in the Teasley Lane Comdor Study, a shopping center that includes a grocery store,I located m the general area of the project s]t~, will help allevmte that traffic congest]on by providing goods and servmes that can now only be found in the 1-35 area The land uses proposed on this Comprehensive Plan Amendmept are consistent with the Intent and land uses recommended by The Denton Plan for CommCmty Mixed Use Centers } Slx (6) property owners were notified of the zo~alng request One (1) response has been received neutral the request Additionally, on~ letter was received in support (See AttaChments 1 and 3) PRIOR ACTION/REVIEW The following is a chronology of CA-00-001, eommol~ly known as the Forester Tract Application Date - September 22, 2000 DRC Date - October 5, 2000 1 Annexat,tm Date - November 28, 2000 P&Z Date - December 6, 2000 ESTIMATED PROJECT SCHEDULE A Zoning Plan has been submitted and is being previewed by the Development Revmw Committee A ProJect Plan, Prehmmary Plat, and ~lnal Plat will need to be submitted and approved,,pnor to issuance of any bmld~ng permits FISCAL ,INFORMATION Development of this property will increase the assessed value of the city, county, and school district It wall reqmre no short-term pubhc improvements that are the responslbd~ty of the c~ty As a form of mffil development, no extension of publiC infrastructure is necessary to service this site P&Z SUGGESTED RECOMMENDATION I The Planning and Zomng Commission recommends approval (%0) of this zoning request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planntlng and Zoning Commission Report, December 6, 2000, CA-00-001 2 Planning and Zoning Commission minutes from D(~cember 6, 2000 3 Letter of support 4 Draft,Ordinance R, ~spectfully submitted D >uglat S Powell, AICP D rector of Planning and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT 1 ' Agenda Item ,.~ PLANNING AND ZONING COMII~llSSlON >to I~-~-o° STAFF REPORT Subject Comprehensive Plan Amendment for the Case Number. CA-00-001 Forester Tract Staff Beth Hudson, Planner I Agenda Date December 6, 2000 Hold a public hearing and consider making a recomme~ndatlon to the C~ty Council concerning the Comprehensive Plan Amendment of 17 9 acres from a N~ghborhood Center Future Land Use d~str~ct to a Commumty M~xed Use Future Land Use d~stnct A commumty shopping center and offices are proposed , LOCATION MAP Looatlon Southeast corner of Teaslo¥ Lane and H~¢kory Creek Road Size' 17 9 acres 3 Applicant MarkWeatherford Owrer Herschel Forester 4005 Umvers~ty Boulevard 1845 One Gallena Tower Dallas, Texas 75205 Dallas, Texas 75240 The apphcant la requesbng a Comprehensive nent for this 17 9 acre property from a Neighborhood Center Land Use dlstnctto a Community ~xed Use Land Use district (See Enclosures 1 and 2) A community shopping center and offices areApproximately 13 3 acres are to be used for retail and service uses, wh~le the rema~mngacres are proposed for office uses The remaining 19 9 acres of the Forester Tract will in the Neighborhood Centers land use des~gnabon The apphcant S just~ficabon for the Comprehensive PlanI Amendment can be found ~n Enclosure 1 Staff concurs that a large number of resldenbal lots hale recently been approved in the area, which w~ll add to the current congestion at 1-35E and L~ll~an M~ller As ~dent~fied m the Teasley Lane Corridor Study, a shopping center that includes a ~rocery store, located m the general area of the proJect s~te, w~ll help allewate that traffic congesb~)n by prowd~ng goods and services that can now only be found ~n the 1-35 area The land use~proposed on th~s Comprehensive Plan Amendment are consistent w~th the ~ntent and land use~ recommended by The Denton Plan for Commumty M~xed Use Centers I Transportation A Trip generabon The proposed development would generate approx,! lately 5213 tnps per day If built out w~th office and retail uses, which ~s approximately 745 more tr~p ~ per day than If developed with s~ngle family resldencesl (see Table 1) Pnor to development, a "'raffic Impact Analys~s will be required The Traffic Impact Analysm w~ll identify the required road, mprovements necessary to m~t~gate negabve impacts of the proposed development Table 1 Proposed Land Use Trip Generation .... ~11111 I I II II I Lartd Use Average Trip EstllTi~ated Lots or Sq Total Trip Generation* , Ft Generation Office/Government 15 trips/l,000 sq ft 33,200 sq ft/ac 498 General Retail 41 trips/1,000 sq ff 115,000 sq ft/ac 4715 Calculatlonslpmvlded by the Institute of Transportation Engineers,! 1991 4 B Access The site currently has access only onto Teasley Lane~ The site w~ll also have access onto H~ckory Creek Road, when the road has been constructed 'he development is also proposing a street connecbon into the Teasley Harbor subd~wslon to th, south C Road Capacity Teasley Lane ~s ~dent~fied as a primary major arterial 'oad by the 1998 Denton Mobility Plan (see Enclosure 3) Th~s road ~s designed to be 6 lane d~vl, ed street w~thout parking, providing 6 lanes of through traffic As such, ~ts designed traffic capa, ity allows for a tolerable traffic flow of up to 27,900 tnps~ per day Teas ey Lane is currently constl ucted with 2 lanes without parking A traffic count at 12~5 tnps per day was noted ~n 1999 Teal~ley Lane is currently at capacity, however, C~ty Councl! has dechned to place a moratorium on n, ~/development Teasley Lane is scheduled to be w~dened w~th~n the next 10 years Hmkory Creek Road ~s identified as a primary major a~tenal road by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s road ~s designed to be a 6 la~e divided street without parking, providing 6 lanes of thru)ugh traffic As such, ~ts designed traffic (~paclty allows for a tolerable traffic flow of up to 27,900 trips per day Hmkory Creek Road ~s expe(~ted to be constructed when this tract and the Wheeler Rirlge tract are developed D Connectivity S~dewalks along all public streets are reqmred for pe :lestnan access This Comprehensive Plan Amendment is proposing a new street connection to 1 ~e subd~ws~on abutting its southern property line This new street w~ll allow the single family ri s~dents access to the retail center without requlnng vehicles to enter the major arterial of Te sley Lane The new street is expected to provide thei same level of pedestrian and vehicular p rmeab~hty to the eastern portion of this tract, whether developed as an elementary school or s~ngl family homes The easy access is expected to promotelpedestrian and bicycle trips to the retail q ~nter, further reducing the number of vehicle trips on surrounding streets The pedestrian and ve h~cular connectivity on the site's ~ntenor w~ll also be required to permit the safe and desired envi 'onment required by The Denton Plan 2 Utilities Th~s s~te has access to ex,sting water and samtary ~wer lines Additional water and sewer hnes are proposed Additional ubhties, such as )hd waste, electnc~ty, natural gas, and telecommUmcatlon, can be readily expanded to th< site 3. Drainage New development will be required to design and con struct a drainage system to c~ty standards A preliminary drainage study will be required with the! submission of a prehm~nary plat The study must include calculations of the 100-year storm fo~ all drainage areas on th;s property and any area that drams towards this property The developi ,r must md~cate the method by which the run- off will be barrled across the property or stored on 1 le property 4. Signs As per the s~gn ordinance 5 Off-Street Parking / New development must prowde parking according tothe Zoning Ordinance and Building Codes The total number of parking spaces required ~s deternl~ned by the land uses in the building and the square footages of each use The number of park~ngl~paces wdl be determined on a future Project Plan, when,specific square footages of each land us{) are prowded 6. Landscaping Th~s property w~ll have to comply w~th the new Lands~ ',ape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantabl area) 7 Open Space and Recreational Areas Nonres~denbal development ~s not required to parbci~3ate ~n the parkland dedication process 8 Light,ng L~ght~ng on, the property should be designed and m~mta~ned so as not to sh~ne on or otherwise d~sturb surrounding residential property or to sh~ne a~Id project upward to prevent the d~ffus~on ~nto the n~ght sky I 9 Environmental Quality Impacts No negabve enwronmental impacts have been ~denb~ed s~nce the s~te ~s not m an Environmentally Sens~bve Area November 28i 2000 - The subject property was annexed and placed ~n the Agriculture (A) zoning d~stnct and land use classification by Ordinance 2000-440 (see Enclosure 4) The subject property ~s not platted and would need to b~ platted pnor to any development A Zoning Plan has been submitted and rewewed by the I~evelopment Rewew Committee Nobce of the Comprehensive Plan Amendment requiest was pubhshed ~n the Denton Record- Chromcle on November 25, 2000 Stx property owners within two hundred feet were ma~led legal notices, and feur residents within five hundred feet were sent courtesy nobces ~nform~ng them of the request (see Enclosure 5) As of th~s wnt~ng, there h~s been one response that ~s neutral to the request (see Enclosure 6) No neighborhood meetings have been held When evaluating a Comprehensive Plan Amendment,, 3mpabb~hty w~th the surrounding land uses, ~mpact o,n the transportation network, and ~mpact 3n other infrastructure should be considered FUture ProJect Plans will ensure compat~bl ty w~th single family homes through site design standards and w~ll d~scourage "stnp" retail deveh)pment The proposed design guldehnes will also address the appearance along the intersect~or ~n a comprehensive manner A Community M~xed Use Center in this area will encourag~e a d~vers~ty of land uses that place goods and services in close proximity to areas requmng thesel~goods and services The proposed ,development will compliment Denton's M 3blhty Plan by reducing the number of trips to the L~lhan M~ller/I-35E intersection The north/south treet connection on the eastern edge of this s~te w~ll allow access to the site, without requ~nng w ~h~cular trips on an arterial street, and w~ll promote bicycle and pedestrian trips ~nstead of vehlcul~ r trips The s~te does not require any significant development of ut~ht~es ~nto areas that are n(~ t currently planned for service In regard to ~mpact of the school ~nfrastructure, removal of almosl 18 acres from Neighborhood Centers will reduce the number of children contnbutlng to an ever-e cpand~ng school population Based on the Teasley Lane Corridor Study and the large amount of e <~sbng and developing s~ngle family residential homes, staff beheves that a Comprehensive M~xed Use Center ~s warranted ~n this area i Staff recommends approval of CA-00-001 I move to recommend approval of CA-00-001 1 RecommeNd approval as submitted 2 Recommend approval w~th conditions 3 Recommend denial 4 Postpone consideration 5 Table item 1 Comprehensive Plan Amendment Request 2 Future Land Use Plan 3 Denton Mobility Plan Map 4 Zomng Map 5 200'-500' Notification Map 6 Property Owner Response ? ENCLOSURE 1 CITY OF DEN~ ON AMENDMENT TO COMPRI HENSIVE PLAN The general nature of the development will be a commul aty nuxed-use shopping center including a grocery store and other tenants that will meet the growal g shopping demands for tlms South Denton area The archttectural style of the center will be "Texa: Tradittonal" The massing and elements ~n the overall, archtectural arrangement will be designed ~n, [ manner that wdl look umform throughout but will encourage md~wduahty and will be in a Texas laver with Longhorn or Mustang features throughout the Center The shopping center will be efta sonry, stone or brick or some combination wath landscaping equal to or exceeding the city's requm rnents The braidings wdl primarily be one story wath possibly some two story buildings contammgl >ffices on the second floor The ex~stmg comprehensive plan designation is for neigh )orhood centers whmh allows for uses less than 4,000 sq ft and resldentml at four lots per acre Th~: proposed comprehensive plan designation ~s for a commumty-rmxed use center which would accorru aodate a grocery store and other small retad and office tenants to serve the area ~ Each tenant will be encouraged m its design efforts to b creative in developing a umque storefront atmosphere w~th canopy overhang, transoms and s~gnag ~ personalmes that wall reflect its mdlmdual product presentation by using design elements and colol s that do not appear ~n other places wlthtn the center The tenants are also encouraged to design fr )nt facades so that the storefront below the slgnband doesn't necessardy he w~tban the same plane s the mgnband, thus further animating the building wtth articulations m the budding wall All adjac0nt pad bmldmgs will be required to furms t to the owner/landlord proposed design elevat~onsifor approval to ensure that destgn standards' ~11 be adhered to and also ensuring that the structure will become a contiguous and umform part et Ihe entire development EXTERIOR DESIGN ELEMENTS FOR RETAIL AN~ OFFICE USE 1 Tho retail port,on of the center will be c{ ,nnected by a continuous flat s~gnband that wall be 6'-8" tugh 2 The materials used for the exterior will I~e primarily concrete tdt-up panels with an exterior fimsh system applied using col )rs from a neutral pallet The facade will meorporate a base of stone or brick wt :h colors to complement the overall color scheme The p~lasters will be topped wtth cast stone medallions wath a design to represent the region The front facade v all be capped w~th an e Ifs coping system m a color scheme to agam complement Iae field color of the concrete panels 3 The tenant will have the option ofmstalhdg full height storefront to a maxanum height of 14'-0" wath a possible transom arrangement or attaching an awmng canopy AMENDMENTTOCOMPP~:N'SIVEPLAN - Pag~l i J \T$C~24002\008~atop wpd ~ 8 4 The height of the front facade will pnmaffiy be 23'-4" with sections raising to 24'-6" to provide subtle ammatton to the streetscape 5 Pad bmldmgs will be umform to provide exterior design elements to directly relate or be compatible with the overall theme of the development 6 Tenants will be encouraged to be creatlve~n design ofsignage Internally dlununated signage will be directly attached to the wall without raceway and all transformers and other electrical connections will be hiddoh We respectfully request approval of the amendment to the comprehensive plan to commumty mixed- use center for the following reasons 1 There are over 8,000 platted lots within ~4pprommately 2 males from the intersection of Teasley Lane and I-hckory Creek without any shopping services within three (3) males to the north, and five (5) males to the southeast 2 The closest grocery store approyamately three (3) males north of lhe subject site A commumty rmxed-use center at I-hckory Creek and Teasley we/aid promde an alternative shopping source and alleviate some of the congestion at Ifilhan Ivhller and 1-35 3 Access~bdity to the site Is superior to oth~r sites at other intersections further north I-hckory Creek and Lake Sharon Road Would provide east west access from F M 1830 and 1-35 E (through Connth) Teasley Lane and FM 2499 will provide exceptional north south access to the sqbject site and also an unnamed road from Robinson Road through Wheeler Radge ~o I-hckory Creek wall provide a tturd north south altemat~ve 4 Trips per day on Teasley and F M 2499 xmll be reduced by an elementary school and day care center next to the site Parant~ will be able to drop oflTpmk up kids and shop at the eommumty center m the same~np using the road through Wheeler Radge, therefore, never entenng onto Teasley or F M 2499 The Wheeler Radge development (850 lots), the Teasley Harllor development (130 lots) and a part of the Oakmont development wdl prowde th~ enrollment for the proposed school on ldhekory Creek AMENDMENT TO COMPREHENSIVE PLAN - Page ~ \T$C~24002\008~tcp wpd 9 1 Water Report An emstmg 8 mchlplpe and 18 inch pipe is in the west side of Teasley, and a 12 inch pipe is proposed for the east side of Teasley 2 Sewer Report A proposed 15 inch sewer on the east side of Teasley will be under construction very soon 3 Dramaee The site will drain to tl~e southwest under Teasley into an erdstmg 60 +/- inch culvert Addmonal sludles will be conducted to deternune the specific drainage features necessary for ttus site Detention will be provided on th~s site 4 Solid Waste City of Denton willlPlck up per City requirements 5 Electric Conserve and T U havelservice available 6 Gas Lone Star Gas will provide service 7 Telecommumcations GTE services the area 8 Zomng The land is currently umncorporated 9 Land Use Report The land ~s currently being farmed 10 Enmr0nmentalReport The environmental assessment map shows no affected areas There is a small grouping 0ftrees approximately 400" east of Teasly and apprommately 300" south ofproposed I-hckory Creek Road These trees would be removed and replaced qnder city standards 11 School canacxtv McNair Element~y is one hale west of the site, and a school ~s proposed just east of the site ,Ctuldren's Lighthouse Learmng Center ~s under construction adjacent to the me 12 Impact Tlus site ~s the best cornel (southeast comer) at the best ~ntersectlon (Teasley and Hmkory Creek) xn ~outh Denton for a commumty rmxed-use center and elementary school There wdl be ingress egress into the commumty center from six d~ffer~nt locations and will have two major north south roads m Teasley and F M 2499 and a tlurd nunor north south road from I-hckory Creek to Robinson Road I A combination of I-hckory Creek and Lake Sharon Road will prowde east west access from F M 1830 (Country Club Road) to 1-35E The commumty Center and elementary school will posmvely impact the area and will provide center of activity for the commumty AMENDMENT TO COMPRR, I~RNSIVE PLAN - Page 3 I \T$C~24002\008~atop wpd 10 The commumty nuxed-use center!wall also have a positive impact on the tax base of the City of Denton, Dente~n Independent School District and Denton County The estimated value when completed is approxamately $16 to $18 rmlbon 13 Landscaolng Landscaping will l~e installed in accordance with the present zomng ordinance A 10 foot buffer will be provided along both Teasley and Hickory Creek A 3 foot hedge ~wlll be installed as a vehicle screen while hardwood trees will be planted P¢I a landscape plan to be subnutted for staff review At the rear of the property a masonry wall and row of trees will be built and planted to provide a buffer between the center and Teasley Harbor 14 Comoatibditv Tlus coramumty nuxed-use activity center is intended to be a good neighbor to the surronndmg residential neighborhood The location of the grocery anchor and school, alo/~g with supporting retail and neighborhood serwce/office is good use for th~s location and it would be vital to the neighborhood It's intended to follow the sprat of the City of Denton Master Plan for tlus classification The parlang spaces are per the zoning ordinance in required number and size Traffic management on tlus site is Intended to provide the mnnmum points of conflicts as possible The main dr~ve aisles are as direct and straightforward as the site w~ll allow Connection ~ath adjacent pad sites will be allowed and will be direct Pedestrian access vall be encouraged by the distinct locations of the pedestrian links 15 Connectivity There vvull be dlrect,~elucular and pedestnan connections to the school, Teasley Harbor, Wheeler Ranch and the Oakmont commumties Also in the planmng stages are a lnk~ and bike trail from the school through Wheeler Ranch AM~2~D~ TO COMPI~.I~HI~NSlV~ PLAN - Paso 4 ~' \TJC~24002\008\atep wpd 11 ENCLOSURE 2 NORTH CA-00-001 (Comprehensive Plan Amendment - Forester Tract) LAND USEi MAP I 14 Scale. None ENCLOSURE 3 ~ ' NORTH CA-00-001 (Comprehensive Plan Amendment - Forester Tract) - "~ -.. HICKORY CREEK EXTENSION CREEK DENTON MOBILITY PLAN MAP ./~,, Freeways ,,'.',,, Primary MajorArtenals ",' Secondary Major Arterials Collectors 15 Scale None ENCLOSURE4 NORTH CA-00-001 {Comprehensive Plan Amen¢ ment- Forester Tract) ZONING I~IAP - ~,6 Scale None ENCLOSURE 5 ~ NORTH CA-00-001 ,(Comprehensive Plan Amen~ Iment - Forester Tract) I HiCKORt CREEK F Limit of ~0!' ~ot,fioation 200'-500' NO'I ICE MAP Scale' None Nov-20-O0 03:33P CONNELL COMQANTE~ 214 3~7 49S3 P.O1 NOTZCE OF PUBLIC HEARIN& CA-O0-{]01 The Plannlng and Zoning Commission of the City of Denton w,II hold a public hearing on Wednesday, December 6, :2000, to consider recommending ai~proval to City Councd the Comprehensive Plan Amendment from Neighborhood Center to a Commumty Mooed Use Center (see map on backside) The site of 17 g acres is located at t~e southeast comer of Teasley Lane end Hickory Creek Road. in the City of Denton, Denton COunty. Texas A community shopping center and offices are proposed I The public hearing will start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street. Denton, Texas i3eceuse you own property wtthin 200 feet of the subject property, the Planning and Zoning Commission would like to heat how you feel about this zoning change request and Invites you to attend the pubhc hearing Please. Irllorder for your opinion to be taken into account return this form with your comments prior to the date ef the pubhc hearing (Th/s m no way prohtb~ts you from attending endpart/clpatmg tn the public heanflg ) You may fax ~t to the number located at the boltom, ma_il ~t to the_address below, or drop It off In-per~on Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn- Beth Hudson, Planner I The zoning process Includes two public hearings designed to provide opportunities for cmzen ~nvolvement and comment Prior to the pubhc heanr~gs, landowners wffhin 200 feet of the subject property are notified of the zoning request by way of thins notice The first public heanng is held before the Planning and Zoning Comm~ssion The Commission is reformed of the percent of responses in support and in opposition Second, the zoning pet~t~onlis forwarded to the CKy Council for final action providing the Commission recommends approval Should the Commlss~on recommend demal, the petitioner may then appeal the request to the CRy CounCil If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These fon~$ are used to calculate the percentage of landowner opposition , _- Ple_~.~e clrclelone ~ .--~-~. In favor of request ///' Neutral to request.~.~ Opposed to request Comments.. Physical Address of Property wi{bin 200 feet CITY OF DENTON, TEXAS crw, · {I ATTACHMEN~ 2 Pa~¢ ]03 I MR MCNEILL SO It appears that they JUSt got I 1995 And in retrospect I haven t alx~ays been proud of 2 some erroneous information 2 the way I voted particularly when that vote wax unpo~ed 3 MR OP, AY ?hey got some 3 upon me by legal But I.mst want to say that I am proud 4 some erroneous Information from ~ 4 ~ been a Commissioner m 1995 $ MCNEILL SO We apologize I 5 { MCI,,IEILL Thank 6 Thank additional 6 1 7 q Any additional, the 7 8 item? 8 { 9 I was the ~ :uy last time 9 did )ou 10 I'll be the bad ' becaus~ I'm doing it 10 11 because of the law I 11 Ma MOaEN¢ 12 the only reason why I'm it I move to recommend 12 Ma MCNEILL One conm~ent I ~ ould make 13 approval of the final plat 46 through 52, Block B, 131 here is that flus IS a can 14 and Lots 5 through 20, ' The V, llas of Piney 141 put ut , bamcades to corre~I 15 Creek, f Lot 56 of The 15 some of these 16 Oaks of Township 16 owners of these 17 MR l'll second 17 can be are~ 18 MR I have a, /ou say 18 dnvm s a pan,. ate 19 Block B or ~ Block C? 19 alley 20 MS which part? 20 so that ~o 21 Bs and Cs 21 I that they 22 Yeah, and I'm just -- 22, 23 a is all I'm asking 23 In any event, 24 GOURDIE well, there's a Block C of The 24 or comments on the motion? Are you ready fcu' the 25 tCreok, PhasellB, but there's also a Block 25 Vote please on the board R~vot~lnspitaoftl~lackof Page 102 Page 104 I B 1 us to All those in 2 MR MCNEILL okay All right 2 motion unsc I count Ail 3 SO w~ have a motion and a second 3 those ¢ ,our right hand rinse 4 discussion? Conmusslooor Rtshel 4 your nght hand So th~ was r and 5 Ma RIS~EL YES I will c 5, thr~ m opposm The motion, 4-3 6 safety, and welfare of the citizens, 6 7 subthwsion and the citizens c 7 VOTED [ OPPOSitiON) 8 general 8 ' for a break" 9 9 YeS 10 } a chance to 10 it is 8 20 11 mest Rosa Parks c that we're going 111 835 12 ad law W:l! stay on the 12' (BREAK TAKEN) 13 book~ sed it's Ume for ~ , to make a stand for the 13 MR MCNEILL twill reconvene th~ Planmn8 & 14 cmz~ns b~:ausc However, 14 Zomng Commission for December the 6th. 20C'0 And the 15 the other property o t and we have two 15 next item on our Agenda ~s Item No 9, Is to hold a 16 issues colhthng ~ field has no 16 pubhc heanng concerning a Compre~s~ e Plan awendment 17 that's vath is 17 And Ms Hudson Is going to bnng the staff report 18 undeveloped ~ that are 18 MS HUDSON Thank you, lad~es and gentlemen 19 bern, [ will he 191 of the Commission The item that we're looking at iomght 20 voting l I hope tho motaon passes so ~ 201 is a Comprehensive Plan amendmoot for t~ southeast corner 21 I hol~ th~ mot;on fads so wu can: 21, of Tensity and Hickory Creek Boule', ard ~s area Icrc 22 22 The Comprehensive Plan as ~t stands n_mht 23 ~ MCNEILL, commissioner Mor~lo 23 calh for this to Im a Neighborhood Center ~vhch is 14 MR MOP. ENO Yes, Sir, Mr Chnmllaa This 2.% prunanly residential based along with a snaall component 25 Commissioner, m fact, thd serve on this Commaasion in jr of Office and L~ht Retail The apphcant is requesting TI~ PLANNING AND ZONING COMMISSII 1I1 ;EMBER 6, 2000 Page 101 - Page 104 CondcnaoltTM Page 105 Page 107 do this Compnghens~ve Plan a~nendment on this corner r~ght that this 'sit~ be taken to a Community Mixed Use Center 2 which is, more intense than the land use classification 2 I here and the school dismct ~s going to buy -- is 3 that's on the site at this time He has recently brought 3 I purchasing this eastern haft for an elementary school 4 h~ssltemtotheCtty Itlsthisarcanghtmbere 4 ] Mypnmarygeallsforthenextstxtol2 5 It was approved by City Council on November the 28th 5 , months to work with staff and plan and design thc center 6 Since the Comprehensive Plan has been written 6 or this mixed usc center so that the calzeas of Denton 7 and adopted, the Engmsenng Department and Traffic 7 wdl hke it and that s m) goal 8 Departreent has done a study called the Teasley Lane 8 Ma MCNEILL '[hat S a noble goal 9 Corridor Study that looks at the amount of traffic going 9 i MR WE^'rnERVO~.U That's right L~ke I sa~d 10 in and out of this area One of the things that they're 10 ] the elementary school is purchasing approximately 18 acres 11 seeing iS that there are a large number of residential 11 ~ on this eastern side right here Let mc get you another 12 lots existing and proposed to come on-hne tn this area 12 map The school d~stnct ~s purchasing this ~astern 18 13 For example, Tcasley Harbor has been prehminary platted 13 i acres r~gbt here and th~s is tl~ poreon that we're 14 and a portion of it has been final platted 'Wheeler Ridge 14 talking about r~ght here for the Comprebons~ve Plan 15 is in the the process of' coming in Wynstooe at Oakroont 15 amendment 16 is in the process of coming m Lexington Park is in the 16 Wheeler Padge has a road that will extend from 17 process of eommg in along with other residential 17, H~ckory Creek oorth all the x~ ay to Robinson that wdi 18 subdivisions that am off the scale of this map Due to 18 i carry pedesh'~an traffic and v~tucular traffic to H~ckory 19 the larg~ number of residences that we have tn th's area, 19 Creek so yoo can get to both the school and the site Tbe 20 we do feel that it is appropriate to take this portion of 20, same with Teasley Harbor We xsa{l have this road coming 21 the site to a Community Mixed Use Activity Center 21 up to H~ekory Creek along w~th sidewalks and pedestrmn ~2 One of the things that they can do by putting 22 traffic that can get to beth school and the site 23 a shopping center in this area is that it wll relieve the 23 Like Beth was sayung the Teasley Lane 108 24 congestion further north on Lllhan Miller and 1-35 24 Comdor Study did detemun¢ that there needs to be a 25 Right now along Teasley, until you get ,nrc Corinth, there 251 grocery store and retail m this area Ther~ are over Page 106 Page I is not another opportunity to shop for goods and services 11 8,000 lots platted in th~s south Denton and Connth area 2 that you're not able to find at Lilhan Mtller and 1-35 2 Just real quick, there's roughly 2,000 lots planed over 3 This site would provide that opportunity Future land 3 hero There's going to be about 1,500 lots platted here 4 uses plan will ensure that the buildings that come ,n on 4, Oakmont has 1,500 Tbe~ s about 2,000 planed over here 5 this sito are compatthle with their existing neighbors and 5 So you can see the demand is conung 6 it will be discouraging strip vetad 6 This is thc Denton l'.~oblhty Plan As you can 7 By putting the Community Mixed Use Activity 7~ see, the accessththty to mc siu: will be exc~oonal 8 Center tn this area, It will be cotnplunentmg Denten's 81 We have Teasley Lane north/south We'll have 2499 9 Moblhty Plan by reducing the number of trips and the 91, north/south Hickory Creek and Lake Sharon Road wdl 10 eongestien that you find at Ldhan Miller and 1-35 which 10' prowde eas~/west access from 1 35 to Country Club Road 11 is apparent every day at the peak rush hours, especially 11 And as I said before there is a thud north/south road 12 in the evening 12 that will go from Robinson through the Wheeler Ranch 13 Staff has also handed you a letter in support 1 $ development all the wa5 to tl~ silo or actually wdl h~t 14 of this that was received after the P&Z packets went out 15 die school d~stnct s~te And there's actually talks w,th 15 And I will be available to answer any questions that you 1~ Wheeler Badge and the school d~smct and ourselves and 16 have after the applicant has a chance to speak And we'll 1~ Teasley Harbor about a luke and bike trail that would come 17 turn It over to the applicant at this ttrae 17 down Wheeler Badge and go underueath Hickory Creek so that 18 MR MCNEILL At this tmle I'll open the 18 kids could bo on their bikes and get to the school or to 19 public heanng and ask if the applicant or the applicant's 1~ the center without gctung on the sUeets 20 representative is bore 20 That's pretty much all I ha~c to say I'd be 21 MR WEATHERFORD comimsstoners, nay name is 21 happy to answer any questmns 22 Mark Weetherford I'm at 4005 University tn Dallas 2~ MI~ M~ItL commass~oners, do you have any 23 Thank you for seeing me tonight The site in question is I questions for the apphcant? .Any quesuons for the ~4 this southeast coiner of Hickory Creek and Teasley It's { appboant? Thank you very much Is ther~ anyone in the 25 a 37-acre site of winch roughly half of it w'rm trying t~( audience who would hke to address this issue? Anyone in THE PLANNINO AND ZONING COMMISSION BCBMBER 6, 2000 Page 105 - Page 1 CondonsOItTM Page 109 I Page 1 1 1 the audience who would hke to address the issue? State 1 Hollowa> 3 MIL HOLLOWAY wa're for the proposal, Mr 3 W]thams 4 Chalrma~andCommlssloners Mynam~lsOenoHolloway I 4 MIR. V, ILLIAMS Yes Iguesslhavasomeuf 5 reside at 312 Meadow Luna here in Denton, Texas My 5 [ the same concerns that ComllllSSlOner Gourdla has w.h thc 6 position with the school district is Director of Planning 6 1 school dis~anct I lika it, I love it but right now 7 And in our n~otlatlons and discussion with Mr 7 [ there s no homes out there, right? 8 Weath~rford on the Forester Tract and utlhzation, tha 8 , SIlL HOLLOWAY NO, Sir At this hmo - Il There will be a buffer groop here that vail seperata the 11~ peop)c v, bo h,,c there who may be outraged that you re 12 retail from tho school site itsalf And as far as what is 121 goirtg to bmld a school next to a grocery store five y~ars 15 MR MCNE[I..t, commissioner Oourdle 15] Is real in those people's minds 16 MS OOURDI~' ! m sorry, I sneezed throogh thc 16 ,..~, l-:Ot.t.ow^Y YeS sir As far as lookiag al 17 -- l'm sony I didn't hear what you were going to do 17 the propo::,cd plan. this portion of the development, there 18 betwean thc two properties or what tl~ agreement was 18~ will ha a buffer group, a buffered area of, I behcve as 19 hatween tbe two properties to buffer the two 191 cxplamed to the thstrlct by Mr Weathcrford, of office 90 MIL HOLLOWAY ?he district, as Mr 201 and resldcmial possibly proposed residential, 21 Weatbeffurd pointed out, tho d~stnct is -- tho 18 acres 211 mutt residential, assisted residential in this area right 22 on the eastern portion of tha Forester Tract in between 22 here that x~ll separate this most wes~'rn portion from the 23 this street and tbe proposed rout~ of 2499, tbe western 231 school ths~nct And possibly Mr Weatherford can explain 24 portion which is what Is under consideration tonight, tbe 241 further on that 25 dls~cttsluagr~mentvaththat Page 110125 sm~X~T~a~ORO sure Thisisrooghly46 Page 112 ,M,.S OOUROIE. I gUesS I'ra a hRla coca.ned [ II acr~ that could be either office or assisted living which 2 beeaus~ I m kind of having flashbacks to tho Teasley/ I Z would ba -- which is what tho school thstnct wanted here 3 T~asley Wind River Sltoatlon in which they wanted to put a ~ Also, to talk about the traffic cormng In here, in Wheeler 4 grocery store next to Sam Houston Elementary How do we 4 Ridge there's about 850 lois planned, Teasley Harbor has 5 dlfferootlal~ tho two? 5 abot.t 130 Gena thinks between thosa two, tbey'll fill up 6 MR. HOLLOWAY The slza of that particular 6 the school by itsalf 7 davelopmeat being, I believe, Wal-Mart n~xt door to thc ~ So most of your traffic, your kid traffic will 8 Sam H~uston Elementary Wc ar~ looking at much reduced ~ be ccmlng from Wheeler Ridge and Teasley Harbor and maybe 9 slza, appr0xLmataly 60,000, 100,000 square feet which ~ Oakmont therefore, never having to cross In front of die 10 would be th~ size of a Kroger or a Tom thumb typo 10 grocery store Ev~b'thmg vall be kept east of the groc~ store, kuls, I mean, bicycle traffic, kid traffic 11 I J ~nz. ~.',ILLIAM$ olay Yeah, but when you made 12 MS Ci<)vJTd)II~. And you don't see any of the 13 values ~at ev{n'yone was bnngl~ up such as tho traffic, 1~ your first presentation, you said "may" ~ I hear 14 tha alertness to peollb and children crossing ~ streeis, lz} "max ' it kind of goes in one ear and out thc oth~r ~eo 15 again, all the issues that wer~ brought up in that 1 $ somebod3, sa> s "will," than I listen 16 sitoati0n I somewbet queatioo in this mstan~, also 1{~ M]C xx ~A'mlzRFORD I m not sura I know -- 17 Ma. HOLLOWAY Tho devalopmant of that Il %~IL V, ILLIAMS That'S thC thfferenc~ between 18 particular piece of property for a futore school site 18 "ma~~ and "vail" 19 would be approxunat~ly five to six y~ars out for tbe l~ bill '~% EATHERFORD t m eot sur~ what I smd 20 dislnci Loolang to thc street plan, th~thoroughfere 29 MR.V, iLLIAMS [n other words, youwerenot 21 plan, andthamfrastructore~agem, asMr Weatherford 2] firmwlmayousaldlt Let ma say lt that way Youwer~. 22 pmnted out, the access to tha school s~rparated from tho 2~ discussing it and to ma it sounded hke a pessibthty but 23 proposal that is b~ng looked at tonight is coogmant with noth~g vas Fa'm 24 th~ thshnct objeouvee ,',~ W~ATH~.FORD Oh, the under the road 25 MS OOURDI~ All right Thank you, Mr ~] crossing That is just a discussion betw~n the City, PLANNING AND ZONING COMMISSION ',CEMBER 6, 2000 Page 109 - Page 1 Condens~ItTM Page 113 Page 115 Whaler Podgy, and thc school d~stnct That is totally a MR HOLLOWAY I can understand experiencing 2 thscusstoo Hopefully, it vail happen 21 that particular situation along with you, wo were very 3 MR WILLIAMS okay NOW I'm totally 3 [ sensitive to that ourselves 4 confused 4 ] MR MCNEiLL commissioner Pashal 5 MR WIg~.THERFORD well, I mcan, really all 51 MR RISHEL Mr Wcatherford IJust want to 6 we're tallang about is an underground crossing in a 61 make sure that you weren't speaking for Mr Hollowax ~llen 7 floodpla{n area whlch probably is not that difficult to 71 1, on talked about the zoning or the area that young pcopl~ 8 do g, would be drawn from to go to school in a speoiflc area 9 MR WILLIAMS okay Okay 9 As we have had in the past, we have had people that h~ cd l0 MR WEATHERFORD This is floodplmn right in lO across the street and didn't go to the school that was m 11 here 11 their neighborhood So I think Mr Holloway could 12 MR WILLIAMS okay I guess - and another 12! certemly at, est to that and that may yet be the case 13 concern, when I hear offices, the first thing that comes 131 Just because we have a school that's located there dc~n t 14 to my mind Is a lawyer's office and tha~ aw all kind of 14, mean that it necessarily it's going to just draw from that 15 people who go to lawyers 151 neighborhood and wouldn't be crossing Tcasley 16 MP~ w.~,'rHIm~::)~,O My envision ha~: would be 161 I guess my concern is I'm heanng from my 17 tills companies, real estate offices, dentists, doctors, 17' other, my co Commissioners what we saw with the Sam 18 maybe some lawyers I can't discnmmatu against lawyers 1 g' Houston situation was a school was built, neaghborhood~ 19 MR WILLIAMS That's what I'm saying That's 191 grew up around it People move into those neighborhoods 20 what I'tu saying Okay Assisted living would probably be 20! They felt llke they had a sense of conm~umty tn that area 21 baser but I can't tell you how te develop your property 211 and they felt very strengly about that We had a 22 MR WEATHERFORD Either One la fine With me 221 pre-existing Planned D~v¢lopment or pre-existing zomng on 23 MR WILLI.*a'nS t was Just concerned about the 231 a piece of properVJ and it was proposed that a shopping 24 flock the school district may have fiw years down the 241 center come in there and the neighbors were enraged 25 road whan there am real live human hamgs whose real live 2.n, that situation Page 114 , Page 116 children am going to be going to tins school II What typically happens in a situ hke this 2 MR MCN[~.ILL commlssion~r Moreno 21 wluch hasn't developed neighborhoods around it yet because 3 MR. MOg~O Yes, sir, Mr Holloway Does the ~}i you're still waiting and atutclpatmg growth is that you 4 school dlstnct have suggested or spmlfic buffenng 4~ get it zoned for something and then It may be a whde 5 requirements between a school and Its surroundings? 5 before you build that out Do you anticipate building 6 MR HOLLOWAY BaSed upon our expeneoce from 6 this out fairly rapidly at this point? 7 the Houston, Sam Houston, that we are utlhzmg when we 7 MR WEATHERFORD My opinion is best case ~ a 8 wer~ appmached by Mr -- excuse me, on the Forester Tract ~ year from now, we could be under construction 9 by Mr Wcathetford, and what was suggested that we outhne ~ Ma RIS~I~L I sea Okay 10 that ~ would have to be a buffet between any type of 10, MR wan'rHE.n. FOnO i llunk om'Il be under 11 conuncrcml and the school site to ensure that we would not 11! construction before that area fills in just because 12 have The dtshnct went ahead and purchased the enUre 12 there's so many houses out ther~ already 13 s~t~ Tbeleathngmosteasteraedgowasorigtnallythete II Mn RISm':L Right And lf it thdn't work out 14 was coum~erclal site possibly design there The district 1,i that it was maybe two or three years down the road and 15 went al~ad and bought that to avoid having commercial 15 neighborhoods develop up around you and there became a l~ sites on the immediate burdets of t~ school site So l~ school that ws going to be a potentlnl site ~ for 17 what beppeas here,, the district owns all tho property up llI sure and you had neighbors that you had to contend ~ ~th 18 to the proposed routing of 2499 But to havo specific what would you do to uy to work With that situation to 19 hke boUndary hko 500 f~et, 200 feet, no, s~r, we do not Ii} make sum that you had a subdivision or a d~velopmem 20 MR MORItNO okay L~ke IVis Oourdie, tins is 20 that's going to be compatible with tha neighborhoods'~ 21 -- I just kmp hcanng ~choos of tho Teasl~y Laned Teasley 21 M~ W~,A~HERFOItO well, I tbmk it wdl bc 22 Lane loters~ction when I look at tlns I recogmz~ that 22 compsuble I llunk there will be ample access both 23 thts ~s a much bigger site but I'd hate to nnpose on somo north/south and eas~t to carry any vehicular traffic 24 futore Conmuss~on a room full of angry'parers from for sure Pedestrian traffic, I think we're going to ha~ e 25 streets B, C, and D And that's just a conm~ea$ 22 plenty of sidewalks and ~f wn can get tins htha and bike THE PLANNING AND ZONING CO191Mill$1ON E [CBMBER 6, 2000 Page 113 - Page 1 Condense,ItTM Page 117 Page 119 I trad und&-neath Hickory Cr~k from Teasley northbound I ~ MR RI~HEL Okay 2 ~e s~d~a~s, I ~nk ~'11 have plenw of ~n 2 , MR MCNEILL CO~Ssioner Apple 3 ~ffic, I m~n, ~at you won't haw to get on ~ ~ 3 { MS ~PLE I guess I'm vie~g ~S as a mor~ 4 ff you'mion a b~cycl~ or on foot 4 I postttve thing becau~ I'm t~n~ng of ~ all th~ 5 ~ REICH~T If I could m~t ~o ~t 5 [ development to the south ~at a ~ sto~ and 6 hopefully w~flun ~o or ~ y~rs ~'11 ha~ o~ n~v 6 compattble net~borhood offi~-~ ~tl-t~ 7 ~velopm~nt ~d~ adopt~ and ~ ~at m :~eff ~ ~o 7 dcspcratdy n~ded to allevlat~ thc ~n~stton of ~x ~on~ 8 ca~ of a lot of ~ compattb~hW :ssu~ ~s~ 8l going to the comer of ~op 288 and Lt~ - 1 3S m 9 d~t~ standards, the p~man hnka$~, ~ 9 ' order to buy ~o~ncs or go to thc ~ct~tan or you 10 archa~al ~m~cnts and parking lot ~nts 10 know, a lot of different things ~ l~at~ m that ~om~r 11 and landscaping and all flint wdl ~u~ ~c sac ~s~ 11 ~ and tt's ahnost tmposstble to move ~o~d ther~ 12 to consM~ all those ~ssucs 12 [ I thought th~s was a pretW g~ ~d~ and 1J MR WEATHERFORD [ wdI mention one ~g 13 I think that ~t would allcvtatca lot of the ~ngc~t~un 14 also WO have a~ wah tho T~sl~y Harbor sub&~ man 14 And I know that havmg a school n~ a supermarket has 15 flint ~ wdl build a mason~ wall and plant ~ back 15; b~n suc~ssful m th~ past ~¢ F~ L~on m north 16 ~ to buff~ ~, 17 16, ~nton was budt ,n an extst,ng net~b~hood and th~r~ 17 MR R[SHEL okay ~;le I haw ~ Retc~ we~ a lot of postttve co~ents about ~at, exen tbough 18 h~, excuso me, at some point ~n time m ~e past wa hax e 18, the sto~ eventually clo~d t~ou~ no fault of ~ntnn 19 had an oppo~m~ to l~k at a shopping hat of po~nual 191 MR WEATHE~ORD Having a ~ stor~ next 20 ~mgs ~t would bo m ~ ~d at ~s point m ~e 20 to an element~ school ts actually v~ ~nvem~nt In 21 ~ am smcfly l~ng at changing from one zo~ 221~ the mornings and afternoons, mom c~ ~op the ktd~ off, 22 classffica~on to a m~x~ use shop, and p~ck them up and ~op 23 Ma R~ICH~T Land use class:ficauon 23, M~ APPLE And nowadays eye.body ~s so busy 24 Ma taSSEL V~ But w~H ~ s~ a $hoppmg 24, that If they can combmc tnps, I t~ ~t a lot 25 hst at some point m ~mo as wo go ~u~ ~ p~s~ 25; people would find ~at aRracttve ~d ~md the Page 118 Page 120 M~ a~l~X Th~'s ~O ~ngs ~t ~d 1~ nc~borh~s ~at s~ound~ an ~v~t hke that to 2 happen ~o applioant could bnng fo~aM a ~g" 3 let's ass~o ~ go ~ ~ Comp~ensn~ P~ 31 MR W~TH~FO~ and McNa~ ~enm~ 4 amen~nt and it ~ approv~ ~ apphcant could como 41 just a mfl~ down ~e road so you'vo got ~s school 5 famed l~la~ly wl~ a zoning p~ltlon for a PD or 5, MeNtor, and ~e shopping cent~ and ~ ~ h:gh school 6 C~ml zomng or it could simply wmt ~td ~ C~ 6 that ~s just sou~ about a half mile It ~IH 7 ~mn~ tho prop~ as pa~ of ~ ~elopm~t C~e as we 7 convenient 8 go ~ou~ and mono ~e wholo C~ ~ ~t n~ ~e ~ Ma M~EILL CO~15810n~ Holt 9 caseand~eC~d~d~ono~ttoazomng ~ MS HOL~ la~w~ss~o~Appleand 10 c~ss~fi¢atmn, ~ would ~ no sMppmg hs; no lq ~s l~ks hko ~t would be a ~y posture ~elopment 11 cond~t~0ns of approval or an~mg hke ~at 1 l[ ~t g~ n~t ~n w~ o~ n~ ~velopment ~e ~a~ 12 M~ ~SB~L SO mlx~ USO coMd b~ a w~lo 1 ~ wo'~ ~ng to do la pMl p~plo back f~ going all th~ 13 broad ca~o~ of ~i~s? 1 ~ way do~ T~sI~ 14 ~ ~lCHH~T Y~ 14 And comp~ ~ ~e WaI-M~ ~t was an 15 MR mSHeL ~a~p~lorsand~ngs~t I 1~ esmbhsh~a~andwecamomand~hopefull) do 16 ~ve,n my n,,~borho~, too l~ som~mg ~ but,t d,dn't work ~d ~ 17 MR R~ICH~T NO No 1~ d~elop~ a~ and ff ~s 8~ m and ff I was max mg 18 ~msn~r okay So what ~s ~t -- 1~ mtooneof~o~sandI~ou~t~'sa~ 19 MR REICHH~T I m~n, it's going ~ ~ 1 ~ store n~t ~ and a school, ~s ~s for me 20 hmit~ ~ ~ us~ app~v~ for ~t zomng 29 l~ks hk~ a ~lly - 21 g~SSlfig~oB 2 ~ M~ W~THER~RD [ would ~ ~ pmnt out Z2 ~ M~BILL which ~s m ~ ~c 2~ ~at ~c I call ~t ~c Wal ~ s~ ~f I m not 23 MR REI~T w~ch ~s m ~ ~ 2~ ~s~kcn, it was slx ac~ or ~t ac~ I ~n't 24 ~ ~SHEL und~ ~x~ us*? ' ~ w~ch But ~t was s~H ~ ~s 16 acres 25 ~ ~z~x v~ 23 ~ ~d pa~s ~ d~l ~ ~ ~ ~c m and out ~ PLATO A~ ZO~O CO~8I~ 8C~ER 6, 2000 P~o 117 - Page 120 Condens~ItTM Page 121 Page 123 and k~ds In and out than that s~tc &d I I On this sl,,e nghI h~re, one of ~o ~ssues 2 MS HOLT I ~ ~t l~ks ~e a ~Ily 2 ~at we had was ~t ~ ~d s~ was dl~tly ad, acorn 4 Mm w~o~ ~d I x~ll say I am ~ng 4 [ dl~tly adjacent ~ ~ sch~l ~c site ~at wo have 5 to Tom ~b. ~b~son s, ~d ~og~ ~'~ all ~ 5 ] bcfo~ us tom.t, ~ scSI s~ Is propos~ to be 6 l~kmg m ~s a~ 6[ s~aral~ from ~e ~d s~te by approx~a~ly 400 f~t 7 Ms HOLT HOW about Tom ~b? 7 ' of space m ad&tion ~ a road ~ ~ M~[LL I S~ no mo~ questmns from ~6 8 ~ ~e s~ond ~s~ ~at I or file s~ond 9 Co~ss~on I have a qu~t~on and a cogent for you Do 9 thff~nce ~at I no~ ~ ~at ~ school and ~c 11 nl~s~s In ~le sense ~al a lot of ~ qu~t~ons t~l 11 ~ sharing thc same ac~s point to get to thc back of th~ 12 have b~n ra~s~ h~ haxe to do xx~ fo~s mowng m and 12] school ~s s~te ~t a~ ~ l~kmg at tonight, the 13 not knowing what's going on It s~s ~ mc that bo~ you 13 ] ~md ace.s and ~ cl~n~ sch~l ace.s a~ 14 and ~ Sch~l d~stnct ma) o~t lo cons~d~ in ~ short 14 ] completely s~arat~ Hopcf~ly, bc~n ~osc ~o ~ssucs 15 ~ pu~m8 up some s~s Wc phn on bmldmg a school 15 and the additional s~g and buffing r~ul~ents 16 h~ Wc p~n on pu~mg a ~ sto~ h~ 16~ fl~at o~ new ~e ~. going to ~m~, ~at ~s wgll be 17 MR W~H~ ~o probl~ 17, an ~ssuc ~at ~s not co~g up on ~s sac 18 M~ M~EILL SO ~at when fo~s mow in 18 And, once ~am s~ff ~s 19 ~, ~'11 know, oh, y~, ~'s gom8 ~ bo a sto~ 19 approval of thc Co~s~c Plan amen~ent and I m 20 th~ 201 avadablc for any q~a~s ~at you 21 MR W~TH~ Noprobl~ 21 MR M~EIm ~sslon~W~lhams 22 M~M~EILL ~d~donthavo~comcbaek 221 ~ WILL~ Yes h~at~mchm~ton 23 h~ s~m8 m ~c audience, as ~ Mo~o smd, and 23[ ~s? If ~ w~ to approve ~s tom.t, ~ zoning 24 sa~d, ~11, I ~lly &dn't ~o~ ~ was a sto~ ~ 24~ would s~y? 25 MR W~TH~ XXC can do ~at 25~ MS HUDSO~ ~ ~nd USc d~gnat~on from Page 122 Page 124 M, M~ILL ~t's J~t an ms,d. cogent lI N~,~borh~d ~n~ m ~un,, ~x~ Use g~s w,,h land, not wi~ ~e p~ o~shlp ~o same way ~at 2 ~at you m~ght consgd~ 3 ~ w~x~o~ xx e'~ closing ~ land ~ 31 ~ W~ford ~s g~smg 4 firstpa~ofJanu~and~n~t~yI'Hputupas~gn 4 MR ~C~T m~t now~epmp~ ~s 5 MR MCN~iLL ~ move on yo~ pa~, I ~mk 5 zon~ A~cul~al ~t zoning classification ~s not 6 Co~ssxon~s, o~ qu~uons? ~ ~ applicant ~w 6, 8o~n8 to chan~ w~ ~ chan~ m ~ land us~ All 7 any mo~ co~ts? 7 ~s changing ~s ~e ~p~ens~vc Plan, which ~s the fu~ 8 ~ HOLLOWAY I can aSS~ you ~t WI~ ~ ~ Ws~on of th~s ~ 9 W~th~ford, he and I and ~e sch~l ~smct init~a~ ~ Ma wtuu (,,s ~ ~at would come back for a 10 conv~sat~ons at ~ ~l~t of ~ T~s~ and Hous~n I~ zomng chan~? I 1 con~v~sy And d~ng ~at xxhol~ ~scuss~on, w~ bo~ 11, ~ ~IC~T ~t All ~at will have 12 a~ W~t not to do and w~t ~s acc~mb~ And w~t 12 to com~ back for ~s a z~ag c~nge or ~t w~ b~ done m 13 has b~n discuss~ ~s ~L as ~ W~ord pom~ 1~ conjunctmn ~ ~ C~-w~de ~omng as f~ as pan of 14 ou~ v~ compatlblo to ~ co~W, to ~ 14 ~e ~vclopm~t ~ 15 ne~borhood, andwouldcomp~nt~oa~ Soasf~as 15 MRWILL~n~ ~don'tknowdIhke~ator 16 w~ ~at, I ~nk ~ ~ve a ~ g~ ch~s~ 8om8 16 not 17 h~ 1 ~ Ms ~DSOk ~t ~ let you know, ~ 18 MR M~EILL V~g~ ~noonoelso 18 apphcantc~tly~havcazomngplan~athas 19 who wis~ to sp~, I ~ clue ~ pubhc ~ng and 1 ~ a~dy b~n sub~ m ~ C~W 20 ask stuff if ~ ~ve any closing co~ 2~ ~ WlLL~ Ohy Okay I hav~ some 21 MS HURON T~ Closing CO~ I ~ m 2~ conc~s m ~at w~ c~ ~t ~d ~en som~ng ~ppens 22 make d~l ~ ~ diff~c~ ~t I have no~ m 22 unfo~n ~d w~ ~ ~ hve ~ ~ls ~d so ~at's 23 be~n ~ infamous T~I~ ~d T~s~ ~ct and ~s 23 my conc~ ~ I ~ a co~ent ~at some~n8 would be 24 ~ct d~h~ ~ school c~paab~w affd ~1~ bruit m 18 monks, ~ ~uld ~ ~mg m 18 months 25 com~h~ 24 l'd f~l a lot b~ ~ ~ say ~at ~ ~d up w~ ~ PLA~G A~ ZO~O ~O~851ON g ~CL~ER 6, 2000 Page 121 - Page 124 Condens~tTM Page 125 Page 127 homes b~ng there and then, boom, here's comes a store I ~ MR. m~tcHnngx Thc Co~umW ~x~ Use 2 would l~c for the store to be there first No matter 2 ca~o~ ~s an a~ for mult~-usc but ~s sp~fically 3 about t~ st~s and ~mgs of that nam~ -- 3; d~a~ mom for -- 4 MS ~SON The CRy is m no way, shape, or 4 I MKWILL[AMS MO~, let's go wUh the morn 5 fo~ able to compel a developer to develop accordtng to 5, 6 ttme table ~at x~ would hke to ~ ~at ~s something 6 I MK ~ICHH~T wclI, I'm Just saym8 ~t's 7 that ts up to the developer ~c of ~c things ~at we 7 [ ~d~ufi~ to a~ow mom co~cml development and larg~ 8 c~ntly f~ is the ~owmg congestton m vehicle trips 8 ~ o~cc ~clopmcnts It could have some multi-family bm 9 on T~ley ~at ts somcthmg that we have right now 9 ~ a s of a ~ chamct~ ~an you would find m a 10 ~s something that ts going to continue and it IS only 10 N~b~h~ ~nt~ In a Nc~borhood ~ntcr yon m~ght 11 gomg to conttnue to get wor~ 11 ha~ e a eom <~ence stem ~vhe~ tins m:ght have th~ Tom 12 MR MC~EILL Thepomthe~sffweapprove 12I ~b It'sjustalarg~mfla~,bas~cally And 13 thts, all we'~ ~ymg ts that ~e Compmhenstve Plan 13 [ ~ o~ l~a~ons for ~s are along ~e Loop I think 14 would allow t~s hnd of acttwty ~ey still have to 14, oe~ ~s a1 S~an Drive and I'm t~ng to ~all what 15 come back for ~lsston to ~plement 15 ~ m~s~n of ~e o~ one ~s, but ~t's at k~ nodes 16 MS ~SO~ r~tas~t 16, g~'sgomgtobealotofact~w~ 17 MR MC~EILL ~o th~s ts not the final 17 M~WILLIAMS Y~h my qu~hon ~s answer~l 18 approval b) any m~ns 18 I = ju~; - 19 MS ~SON NO, they have at l~st two or t9 ~ MKMC~ILL MI n~t Co~uss~on~ 20 t~ more ~at they have to go t~ough 20I 21 MR ~ICH~RT Thc extstmg l~d u~ ~tego~ 21 ' MS ~URDiE IJUSt want~ ~ say ~n ~ v~ 22 could allo~ some co~erclal development but nothing to 22 ~ be~k of o~ books we have ~at land uso phn Maybe fl~at 23 th~s exient You m~ght get a couple of small shops, 4,000 23 i ~t ~lp ~ause ~t's Fo~ Wo~ ~ve at 1-35 ~s 24 sq~ f~t, you ~ow, ~1 nel~borhood ~ll shops 24, ~ ~x~ Usc, 380 at 35 on ~e ~st s~dc I~s 25 Okay? ~ land u~ ~o~, by going to ~e propo~ 25 ~ ~d of m~t~ng when you kind of get a f~l for what Page 126 , Page 128 1 cat~oD, aUows ~ ~ braid sto~ of up to 55,000 ~t ~) m~s 2 squa~ f~ ~a~e ~ch land use ~o~ has ~ff~nt 21 MS ~OSON TO ~lp answ~ some of 3 uses ass~la~ ~ g 3, ~s~o~ Wflh~s' qu~t~ons, ~c s~ ~at ~ ~ 4 MS.ILL.MS okay I'm h~nng you but I 41 l~ngat~lsapproxmmtcly~csamcaswhatyous~ 5 don't ~nk you'~ h~ng me Okay But I'~ ~ about 5 along F~ ~X o~ Dnw and 1-35 ~at's being propos~ 6 that la~ O~y ~a~ you 6 along ~ m~s~t~ons of ~e ~p and L~ust and Smart 7 MS ~OSON Any O~ q~t~ons fwm ~ 7' I ~h~ as ~H as Mc~nn~ and ~e L~p Some of the 8 ~2ismn° 81 ~s ~n ~c Ne~borho~ Actlvl~ ~nt~ aad 9 ~ M~ILL Any O~ qu~t~ons? V~ good 91 ~ ~x~ U~ Act~wW ~nt~ a~ m ~e ~mpmhens~vc 10 ~nk )~u stuff ~n~ss~ongs, do you have any 101 P~ a~ ~ a~s ~cally, as ~ had pomt~ out 11 addmonal ~scuss~on or am you ~dy to m~ a motion? 111 ~ ~tcal ~ant m ~e ne~borhood eentg which ~s 12 Ms ~PLE I'd ~c ~ move to ~o~d 121 ~ c~tmg land use classification is a conv~lencc 13 appro~ al of ~ ~ I Y ~ ~t's l~s ~an 4,000 squa~ f~ as ~ as 14 ~ls ~OLT ~ond 141 ~on~ smac~ and md~wdual office spa~ ~ey am 15 ~ M~ILL n's ~ ~v~ and s~ond~ 15 ~ m~te ~ns~W, s~H ap~ent braidings town 16 ~t we appm~ ~ ~001 Is ~ any addmonal 16~ h~, and ~usmg abow con~cml and ~ll uses A 17 &scussion? ~ssmn~ Wdh~ 17~ l~ ~p~ would b~ ~11 Place ~at ~s JUSt nor~ of 18 ~ ~LL~S Y~ I~smyqu~Uon~s 1~ ~m~UonofMmgoandBell 19 w~t ~ ~ opening o~lv~ up for? ~d I'm not ~ng 1~ ~ ~um~ ~x~ Use Act~w~ ~nters allow 20 about ~s pro2~t but, p~od, what am we o~mg 20 f~ s~lw sto~ ~ey a~ow for goc~, as ~ 21 o~sel~ up m? ~ o~ wor~, what am ~ d~atmg 21' ~ord ~s propos~ ~ aEow for ~g stems 22 ~s - ~t ~ ~ c~n~ ~at -- ~is ~ and what 22 ~ ~ow for also automotive s~c~ and s~ll office ~3 ~ppenS° I ~ow ~ ~x~ U~ ~s a lot of various 23 b~ or ~x~ use buddmgs w~ ~ ~ able to 24 ~sons, Te~ me ~ac~y, not ~s plan b~t ~s~a~y, 2~ ~ c~ml, as ~H as office bmldmgs m ~6 same 25 a~m, ~ ~x~ U~, ~ ~d ~, , , 25 2~ b~ It wo~d also a~ow ap~ont bml&ngs and ~ PLA~G A~ ZO~O C~ION ~ER 6, 2000 Page 125 - Page 12'8 CondenseltTM Page 1 29 I Page 13 housing above the conml~rcial uses which is tile same as the 1' ~ reopen the pubhc heanng ~s that correct? 2 Neighborhood M~xod Use Center that ~ have now It ts 21 MS PALUMnO ?hat's correct 3 more of a -- and a local ~xample of this, although it 3 [ MR MCNEILL okay Thank you 4 wen't lo~k like this, is the Denton Town Center or Denton you have questions for staff on ~5 Center that's In Denton at UnlVesSay Th~m ~rdl ~ 5 { 6 additional design gmdohnea to ensure that ther~ is not a 6 I 7 sea of concrete out la front of it 7 { 8 MR WILLIAMS Thaak yoo gl And 10 MR MGNEILL okay Other questions or 10 pr~ared, but I ~,th I conmtents? Thank you v~ry omch Conlml$$1oo~r$, IL~ you 11 { two separate ISSUES i .~omlolgglon should 12 ready for additional discussion or are you ready to make a 121 take that we are in the 13 moUen 131 MS HUDSON T( extent, the 14 MS APPLE We'Ve already made a motion 14, and the adoption el S MR MCNEILL I'm $orl~t, ][ got sidetracked 151 the new Code is amoun~ 16 there Yea, I'm sorry That's two mistnkea tonight I 161 difference on this 17 flunked the course A.re you ready for the vote? Henrmg 171 come out of th~ 18 no opposition, vote on the board, please Motion passes 1 $1 lockm'g 19 7-0 191 at applying the s Weedy hearmg~nIng 20 will be sUll ha'~e iD 20 for a pubhc 21 concerning a Pla-'f~t~.D~vdopment~~WRobmson Road ad I 21 look at ~ sensmxe 22 believe Ms Hudson ts~g~nng us tho report on 22 area, as 23 that MS .~ank~ea:nd genflH~ql~Th ~ 23, of thc, 24 omen 24 ,vis OOURDIE All right 25 of' the C..o~ss~en The ~te we're limiting at tonight ~$ 251 hke is when we coma back to this If you could just Page 1301 Page 132 I on the - 19 north of Robinson Road, west of Stat~ School I 11me - because they are m dispute of the situation feahog 2 ~ between a $abthVlSlOn ~ that tho proposed regulations are a httl~ bit mom stern 3 ~ And I'm not up on, 4 4 are kind $ nme [ after ~ But if me so I 6 6 could "re 9 interim regulaaoas ~ on October the 9 Ms ! will ask my In'eater 10 25th 1(~ hke to make at ih~s l 1 SenSitiVe area ¢ t unpacts time 12 at th~ Octobes ME. MC~EILL docs, I want to rnako a ] 3 2~th moating, reqaeatcd a ¢ 1~ conunent about {hat 14 could have au ~ and 14 MS HUDSON 15 reahzed that that was ) also 15 MR MCNEiLL hi fact I m 16 ~xlueate~ glad Commissioner £ this up because when I 17 g hich o agreed ~o 18 ) material even the 19 tn draft 20 form They" ;~ot been a ,u s~ ,ut for 21 the loth And ~t seems to m 22 i Commission to cith~r ask more ~2 violat~on, what we're trying to i goring 23 ~ consider th~ r~queat for continuance pubhc: ~t on those orthoancea to say, v~ll, they meci 24 1~ MCi~ILL legal, since this ~g a I don't tlunk those shoald be m 25 co..,~!~*tion of the pubhc hearing, we doa'i nlgd to 26 g~w a cheat or aa apphaant ~ PLANNING AND ZONING 2000 Page 129 - Page 132 ATTACHMENT INTERMARI~INC. ~~,.~ -~- 6447 Chflbrook Drive ~1~I -- -==~--~-ll~m DaH~, Te~ 7~240 (972) 387-8616 ~l ~ ] ~ F~ (972) 858-0884 ~[ ~ ~ ~ Novemb~ 29, 2000 -- ~J o J ~ Ms B~ Huron Pl~,r C~ of D~ton C~ Hall W~t 221 N E~ S~ Dento~ Tox~s 76201 Re Compreh~w~ PI~ ~t on the Forster Tract, T~sl~ L~e, Denton, Te~s Dmr Ms Hudson T~sl~ H~r, Lt~, ~e d,v~lop~ of~e adjac~t landlm ~e sou~ of~e subj~t ~act, suppo~s b~h ~o r~u~ men~ent to ~o Compreh~swe PI~ ~d ~e adjoining elemen~ sch~l Pl~so ~11 ffyou ~ve ~y questions V~ ~ly yours, T~sl,y H~r Ltd By Inte~ he, G~al Pa~er Pr~t 27 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A COMPREHENSIVE PLAN AMENDMENT FOR 179 ACRES LOCATED WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNAfflON, TO CHANGE TO COMMUNITY MIXED USE CENTER LAND USE DESIGNATION, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF TEASLEY LANE AND HICKORY CREEK ROAD, PROVDING A SAVINGS CLAUSE AND PROVDING FOR AN EFFECTIVE DATE (CA-00-001) WHEREAS, on December 7, 1999, the City Council pursuant to Ordinance No 99-439 adopted the 1999-2020 Denton Comprehensive Plan (the "Denton Plan"), WHEREAS, The Denton Plan established, among other things, a Comprehensive Plan amendment requirement m the event of a request for land uses that are inconsistent with the Denton Plan, and WHEREAS, on September 22, 2000, Mark Weatherford, on behalf of Herschel Forester, applied for an amendment to the Denton Plan to change land uses for 17 9 acres of land located on the southeast comer of Teasley Lane and Hickory Creek Road as particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), from Neighborhood Centers land use designation to C0mmumty Mixed Use Center land use designation with the intern to develop a mixed use development that includes Retml, Restaurant, and Office uses, and WHEREAS, on December 6, 2000, the Planning and Zomng ComlnlSslon recommended approval of the requested amendment to the Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Denton Plan is hereby amer~ded to change the land use designation for the Property more particularly descnbed in Exluba A from Neighborhood Center to Community Mtxed Use Center SECTION 2 City Staff is directed to chango the land use map in the Denton Plan to reflect flus amendment SECTION 3 If any provisions or the apphcatl~n thereof to any person or circumstance ts held invalid by any court, such invalidity shall not ~affect the validity of other provisions or applications, and to this end the provisions of this ordlhance are severable SECTION 4 This ordinance shall become effective immediately fi.om and after its passage PASSED AND APPROVED this the day of ,2001 EI. jILINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY f~:~ 29 PAGE 2 Exhibit A ' Legal Description Field note to all that certain lot, tract or parcel of land situated m the Berry Memhant Abstract #800, Denton County, Texas and being a part ora called 37 817 acre Survey, tract described m the deed to Herschel V Forester, Il'tastee, recorded in Volume 605, Page 621, Deed Records, Denton County, Texas, tile subject tract being more particularly described as follows Beginning at a ½ inch iron rod found in the east line ora road under apparent public use posted as FM Road 2181 for the southwest comer of the tract being described here, same being the northwest comer ora called 37 08 acre trgct of land described in the deed to John E Whatley, et us, recorded m Volume 588, PAge 109, Deed Records, Denton County, Texas, Thence North 01 degrees 41 minutes 39 seconds E{~st with the east line of said road a distance of 654 64 feet to V2 inch capped iron rod found for the northwest comer of said 37 187 acre tract, Thence South 87 degrees 17 minutes 10 seconds East with the north line thereof a distance of 1236 39 feet to a V2 meh capped iron rod set for a comer, Thence South 02 degrees 36 minutes 56 seconds West a distance of 652 13 feet to a ½ inch capped iron rod set for comer in the south line of said 37 817 acre tract, same being the north line of smd 37 08 acre tract, Thence North 87 degrees 23 minutes 04 seconds West with the south line of said 37 187 acre tract and the north line of said 37 08 acre tractla distance of 1225 89 feet to the Place of Begmmng and enclosing 18 47 acres of land moi'e or less Save and except that portion of land designated as Right-of-Way AGENDA INFORMATION SHEET AGENDA DATE: January 2, 200~1 DEPARTMENT: Planmng Department lq~ CM/DCM/ACM: Dave Hall, 349-8314//V.r--~ SUBJECT - SP-00-013 (DentonHousmgAuthortty) Hold a pubhc heanng and consider adoption of an ordinance approving a Project Plan/Detmled Plan at 1207 and 1213 Wilson Street m a Planned DevelOpment (PD-189) zoning district The 1 8 acre property is generally located on the northwest cortler of Wilson and Ruddell Streets Office uses for several non-profit agencies are proposed iThe Planmng and Zoning Commission recommends approval (6-0) with conditions I BACKGROUND The appheant ~s requesting approval of a Project Plan~Detaded Plan m a Planned Development (PD-189) zoning district classfficatmn for this 1 8 acr~ property Denton Housing Authority proposing a two-story office bmldlng with 10,400 square feet for ~tself and several other non- profit agencies The bmldmg ~s proposed to have a brick and cultured stone exterior and a metal seam roof ~ The subject property ~s located m a Planned Development (PD-189) zomng d~stnct created on October 17, 2000 by Ordinance 2000-393 ~ The 1999 - 2020 Denton Comprehensive Plan ~hows th~s area to be w~thm an Existing Neighborhood/Infill Compatibility Within these,greas, new development should respond to existing development w~th compatible land us~s, patterns, and development standards W~thm the ~mmediate neighborhood are found an~lementary school, recreation center, and a multi.family development owned by the Denton klousmg Authomy (see Enclosure 2) Th~s clustenng of ~nst~tut~onal uses lends ~tself to inclusion of the office uses proposed by the DentOn Houmng Authority Staff finds the prol~osed site plan to be consistent w~th the pohmes of the 1999-2020 Denton Comprehensive Plan and the approved Zomng Plan } Ten (10) property owners were notffied of the z~}mng request One (1) response has been received neutral to the request Additionally, c~ne letter of concem was received (See Attachments 1 and 3) , PRIOR ACTION/REVIEW The following ~s a chronology of SP-00-013, commoilly known as Denton Housing Authority Apphcat~on Date - October 2, 2000 DRC Date - October 12, 2000 P&Z Date ~- December 6, 2000 ~I ESTIMATED PROJECT SCHEDULE] A Zoning Plan, Prehmmary Plat, and Fmal Plat have been submitted and approved Bmldmg permit apphcatmns may be submitted, upon approval o~the Project Plan/Dctmled Plan FISCAL INFORMATION Development of this property will ~ncrease the .assessed value o£ the ¢~ty, county, and school district It will reqmre no short-term pubhc ~mprovem~nts that are the responslbthty of the c~ty As a form of infill development, no extensmn of pubh~ mfrastmctum ~s necessary to servm¢ th:s s~te P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends approval (6-0) of th~s zomng request w~th the following cond~tmn 1 L~ght~ng on the property shall be designed and mmntmned so as not to shine on or otherwise disturb surrounding resldentml property or to shine and project upward to prevent the d~ffus~on ~nto the mght sky OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planmng and Zomng Comm~ssxon Report, Deceml~er 6, 2007, ~S~P;~00-013 2 Plannmg and Zomng Commms~on m~nutes from D~cember o, 3 Letter of concern 4 Draf~ Ordinance R~spectfully submttted Powell, AICP Ii,rector of Planmng and Development Prepared by Beth HUdson Planner I ATTACHMENT 1 Aganda No ~ ~'~ Agendaltem ~ /~- PLANNING AND ZONING COMI~II$SION o,te /-'-' ~' © ° STAFF R£PORT Subject' Denton Housing Authority Case Number, SP-00-013 Staff Beth Hudson, Planner I Agenda Date' December 6, 2000 Hold a public heanng and consider making a recomme~ ~labon to the City Council regarding the Project Plan of the Denton Housing Authority The requ ~st ~s to approve the detailed s~te plan on approximately 1 8 acres in a Planned Development (PD,189) zomng d~stnct Office uses for several non-profit agencies are proposed LOCATION 'MAP Location Located at the northwest corner of W~lsoll and Ruddell Streets Size' 1 8 acres 3 Applicant R~chard Franco Owner Same as apphcant Denton Housing Authority 308 S Ruddell Denton, Texas 76205 I The apphcant ~s requesbng approval of a Project Plan ~n a Planned Development (PD-189) zoning d~stnct classification for this 1 8 acre property Denton Housing Authonty is proposing a two-story office building w~th 10,400 square feet for ~tself and several other non-profit agencies The building ~s proposed to have a bnck and cultured stone extenor and a metal seam roof (see Enclosure 1) '1999 - 2020 Denton Comprehensive Plan Analysis The 1999 - 2020 Denton Comprehensive Plan shows this area to be w~thln an Ex,sting Neighborhood /Infill Compat~bihty W~th~n these areas, new development should respond to ex~stmg development w~th compabble land uses, patterns, and development standards W~th~n the ~mmedlate neighborhood are found an elementary school, recreation center, and a mulb-fam~ly development owned by the Denton Housing Authonty (see Enclosure 2) This clustering of ~nsbtut~onal uses lends ~tself to inclusion of the office uses proposed bythe Denton HouSing Authonty Stafffinds the proposed site plan to be consistent w~th the pohc~es of the 1999-2{320 Denton Comprehensive Plan and the approved Zoning Plan '1 Transportation A Tnp generabon The proposed development would generate approximately 150 tr~ps per day B Access The proposed development w~ll have access onto both Ruddell and Wilson Streets C Road Capacity W~lson Street ~s ~dentlfied as a local street by the Depton Mob~hty Plan Th~s street ,s designed to be a 2-lane und~wded street w~thout parking, provl~hng 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 W~lson Street ~s currantly constructed w~th 2 lanes with parking on one s~de W,Ison Street does not carry enough traffic to be stud~ed for traffic counts Staff beheves that this development w~ll have a neghg~ble ~mpact on W~lson Street Ruddell Street ~s ~dentlfied as a collector street by the Denton Mob~hty Plan Th~s street ~s designed to be a 4-lane undivided street w~thout par (rog, currently providing 2 lanes of through traffic As such, its designed traffic capacity allows ~ )r a tolerable traffic flow of up to 7,500 tnps per day A traffic count at 1627 tr~ps per day was not~ ~d in 1999 The most recent traffic count for Ruddell Street ~nd~cates that there ~s adequate capac?y to handle the calculated trips that could be generated by the proposed development D Pedestrian Linkages Sidewalks along all pubhc streets are required 2 Utilities Th~s site has access to ex~sbng water and sanitary sewer hnes 3 Drainage and Topography New development w;ll be required to design and construct a drainage system to city standards A preliminary drainage study will be required w~th the ~ubm~sslon of a prehm~nary plat The study must include calculabons of the 100-year storm for,,all drainage areas on th~s property and any area that drains towards th~s property The develope? must ~ndicate the method by which the run- off will be carried across the property or stored on the property 4. Signs One monument s~gn of less than 40 square feet is ploposed at the corner of Wilson and Ruddell Streets The s~gn matenals are cast stone and cult~Jred stone, ~llum~nated by three lights in the landscaping bed 5 Off-Street Parking New development must provide parking according t~) Section 6 of the Zoning Ordinance and the Building Codes The total number of parking space~ required is based on the uses ~n the building and the square footages of each use Thirty-three:parking spaces are prowded for office uses, seven spaces for the medmal/dental chmc, and itwenty-three spaces are provided for the conference reom, totaling s~xty-three parking spaces According to the standards in the Building Code, the site does not contain any excess parklngl spaces 6. Landscaping This property w~ll have to comply with the new Land~cape Code, which reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to r~maln pervious (plantable area) The ProJect Plan exceeds the landscaping standard of 20% plarltable area by prowdmg almost 40% plantable area 7, Open Space and Recreational Areas Nonresidential development ~s not required to paitlclpate ~n the parkland ded~cabon process 5 However, two pubhc areas that include fountains, sea~ lng areas, and landscaping are included in the Project Plan 8 Lighting L~ghtmg on the property should be designed and maintained so as not to shine on or otherwise d~sturb surrounding residential property orto shine an~ project upward to prevent the d~ffus~on ,nto the mght sky 9 Environmental Quality impacts No negative environmental ~mpacts have been ~dentifled January 14, 1969 - The subject property was placed m'lthe Single Family (SF-7) zomng d~stnct and land use classification by Ordinance 69-01 October II, 2000 - Prehm~nary and F~nal Plats approved by the Planning and Zoning Commission October 17, 2000 - Zomng Plan for Planned Development (PD-189) zoning d~stnct and land use classification approved by Ordinance 2000-393 (see EnClosure 2) Not~ce of the zomng request was published ~n the Dento~ Record-Chromcle on November 25, 2000 Ten property owners within two hundred feet were ma~l~d legal nobces, and 47 residents w~th~n five hundred feet were sent courtesy notices informing them of the request (see Enclosure 3) As of th~s writing, there has been one response m favor of the re(luest (see Enclosure 4) No neighborhood meetings coordinated by the Planmng and Development Services Department were held The Project Plan Includes features that The Denton PI n recommends, such as orienting the braiding toward the street corner, provid~ng pubhc oper spaces, and providing pedestrian access The parking ~s located to the s~des and rear of the bull, ~ng so that no parking Is found between the building and the street The extenor elevations show a! building that has a clearly defined base and cornice, with an easily ~denbfiable ma~n entrance The w~ndows are topped w~th architecturally ~nterest~ng cornices The standing seam metal roof w~l be painted in muted earth tones, so that ~t w~ll not contrast sharply w th the ex~sbng neighborhood Staff recommends of approval of SP-00-013 with the same condition as the Zoning Plan 1 L~ght~ng on the property shall be designed and ma~ntatned so as not to sh~ne on or otherwise d~sturb surrounding residential prop~erty or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky I move to recommend approval of SP-00-013 w~th the f~llow]ng cond[t[on 1 L~ght~ng on the property shall be designed and maintained so as not to shtne on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffuslon ~nto the mght sky 1 Recommend approval as submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ttem, I Project Plan 2 Zomng Map 3 200'-500' Notification Map 4 Property Owner Response ENCLOSUR~ 1 NEW BUILDIN* OFFICE8 FOR DENT' )N HOUSING AUTHORITY -- '"~---' ~, ~ll~II'I~frlllllllllllllllillllllt~ II 11, O~IOE8 ~OR __ HT&T ~c.n.~c~. HOUSING AUTHORITY ENCLOSURE 2 SP-00-013 (Denton Housing Authority) NORTH ZONING ~AP Scale None ENCLOSURE 3 SP-00-013 (Denton Housing Authority) NORTH 200'-500' NOTICE MAP Scale None i ENCLOSURE 4 ! . NOTICE OF PUBLIC HEARIN SP-O0-01:~ The Planning and Zoning Commission of the C~ty of Der{ton wdl hold a pubhc hearing on Wednesday, December 6, 2000, to consider recommending approval to C~ty Councd the Project Plan, commonly known as 1207 and 1213 Wdson Street, in a Planned De~/elopment (PD) zomng d~strict The 1 8 acre property is located at the northwest corner of WdsDn and Ruddell Streets Office uses for several non-profit agencies are proposed I The public heanng will start at 6 00 p m in the C~ty Cm~ncd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own Pn ~perty w/th;n 200 feet of the subject property, the Planmng and Zomng Commission would like to hear ~ ~ow you feel about th~s zoning change request and inwtes you to attend the public hearing Please, in (3 rder for your opimon to be taken into account, return this form with your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending andpatt/cipatlng in the pubhc heanng ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-pers~ ~n Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Bath Hudson, Planner I The zoning process Includes two public hearings d~slgned to provide opportunlbes for c~bzen involvement and comment Prior to the public hearings, landowners w~thin 200 feet of the subject property are notified of the zoning request by way of this nobce The first pubhc hearing is held before the Planning and Zoning Commission The Commissi~ n is Informed of the percent of responses m support and in opposition Second, the zoning petition I',~ forwarded to the C~ty Councd for final action prowd~ng the Commission recommends approval Shi ,uld the Commission recommend denial, the petitioner may then appeal the request to the City Councl If owners of more than 20% of the land area withln 200 feet of the site submit written opposition, therl slx out of seven votes of the City Council are required to approve the zomng change These form~ are used to calculate the percentage of landowner opposition. Please circle 9ne. Neutral to request Opposed to request Com Signature ,II n~ Pnnted Name ,~Od -., ~-UJ T6 I ~ Mailing Address -'~[~J J~.'"tJJ'r0~ I ~ ~ tu Telephone Number - '~) 5~ ~-~'"3"~ (~ 0- I' ('~ :z° zC9 Physical Address of Property within 200 feetI' L~J ~ ~ '~z I CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 ATTACHMENT 2 Page 139 I this Commission voted on those plans And I don't tlunk 1/ MS APPLE second 2 any person would want to be held accountable to the City 2 MR WILLIAMS 2001 3 Manager) to your supervisor, for proposed standards that 3 MR EISHEL Thank yoa for the cort~ctaon 4 you're supposed to do later o~ 4 Ma MCNEILL All right So we havn a motion 5 approved Thankyou 5 CaseNo zPoo-oogtoJanum'ythe 10th 6 MS HUDSON Yes, au' 6 2001 Is ther~ any discussion hbe motion ~ 7 MCNEILL 7 ; board 8 8 MR DOeS that include l Items 10 9 9 and t 1 10 MS ~ have changed 10 Ma R[SHeL 11 ordinances or a different now than 11 open the second 12 when they started 12 Ma IVlCN£ILL Ithink right I think 13 Me, HUDSON 'ara The City Council is 13 v,c have to do a twice ;s 7-0 14 requiring them to mtarlm regulations The 14 I will 15 Interim ragulatton for the preservation of the 15 Agenda Item 11 which: ' but was 16 One of the things that 16 ongmall) 17 the) ' in ; the 17 18 he ¢ : area 18 staff has no comments tt 19 And the] 19 different from zoning plan 20 20 very good Comnussmners do 21 tS HUDSON They did not kno~ t from the 21 you have Is the~ anyone In the -- senmg 22 but they knew that 11 22 Is thor~ anyone in the 23 ', where they requested 23 who would hke to address this issue? Sen~ng 24 MR. MCNEILL very good 'I'hank you This Is 24 Commissioners, would anyone hke to make a 25 public hearing and if the apphcant or the applicant's 25 also continue this ~tem? Page 138 , Page 140 representative would like to mabe a statement, we're open I MS APPI [ 111 move to contl~ e aP oo-oo~ to 2 to that our meeting of $~ mary the 10th, 2001 3 MR BLAYLOCK MI' Chairman and ConumSSlOners, 3 ' MR wn :AMS second 4 name is Crmg Blaylock from Central 4, MR MC !ILL It's been move, ~nd seconded 5 thc owner of the I'd like 5, thal we continue ase No si' 0o 0o9 to munry 10th 2001 6 ' all these 6 An) discussion? ,~te on the board, p ~se Motion passes 7 requests f a lot 7 7-0 Commiss~ i: Wflhams secona~ n~t, didn t he':' 8 going on on ,, my father 81 MR WILLIAMS Yes Before we o mtn ' sP oc-o~, I vo been ~cuntly -- I'm the president-elect 9 is not able to be here 9 I 10 i feel is necessary on 101 of Denton County NAACi' And Denton Housing Authority has 11 this property , requestang a 11 ] offenM office space to the NAACi' Even though I'm a 12 continuance u meeting, I behove 12] volunteer, I wdl not want to sit in on tl~s for 13 MR MCNI~[LL t that on I Y aplxarancc of confhct of interest 14 both Items 10 and 11' 141 [vis PALUMBO I don't believe that he has a 15 MR 115 true conflict of interest under State law but he's just 16 MR 16, choosing to not sit in 17 have a 171 MR MCNEILL very good Thank y0a 18 All right Is t flse lg MR MORENO Mr Chairman 19 Commlsslun lf~ MR MCNEILL Yes 20 , discussion or if 20 MR MORENO 1 m also a chur~r member of 21 motion, this request for continuance 2 ~ LULAC who also will be receiving office space in this 22 ~SHEL Malco a motion 22 area And I asked the same question last time and was 23 MIL MCNEILL commissioner Risbel 23 told that there was no conflict of interest and I'd kind ~'~ of ~ to stack around if it's okay 24 MR RISHEL I'd lake to move thaf'wo contanuc 1 ~ MS PALUIdBO That IS okay It's up to your 25 zi' oo-o0s to our January 10th, 2000 P&Z moe~ng , tHE PLANNING AND ZONING COMIvfi~ION ii~t..B1VIBER 6, 2000 Page 137 - Page 14¢ Cond~ns~I~TM Page 141l I Page 143 I d~scret~on 'If you want to paro¢lpate because you have no I MR MCNE[LL could you state your name 2 l~gally bound confllct of mterest that requires you to 2 MR FRaNCe RlchardFranco Ihveat301 El 3 abstain 3 Posen in the City of Denton and I'm the director of thc 4 MR MORENO Thanks 4 Denton Housing Authority Simply I just come before you 5 MR RIgHEL And Just as a point of intescat, 5 to respectfully nXlucst that you dispose of our project 6 l,m also a member of LULAC and just want to make - bc on 6 plan favorably It's Item 12 on your Agenda 7 record that I would like to partic~patc in thc proocss and If I might mta'ject a point on this sectmngl~, g will do my active part or some misunderstood notion of a confhct of interest 9 MR MCNI~ILL Thank you for your colRulonts what exists there is a concthation agreement that was 10 Ms Hudson 10 signed between tho City of Denton, thc Housing Authority 11 Ms ItUDSON Atthcrlskofuslngllpallofmy 11 andthnUS DcpartmcntofHousmgandUrhan Dexclopult. nt 12 tinlc before you tonight, lad~es and gentlemen, thc site 12 sonic three years ago that created space for these two 13 plan that we're looking at tonight ts from tho Denton 13 civil rights organizations They can choose to occupy or 14 Housing Authority It is at the northwest corner of 14 not choose to occupy but that's simply what wc have thcr~ 15 Wilson and Ruddell Streets You have seen the zoning plan 15 Thank you 16 for this s~veral months ago and It has been approved by 16 MR MCNEILL AI~ thcc~ any questions for Mr 17 CityCouncll What thc applieant ,s lookmg for tonight 1178 Frenco? Anyquest,ons? Vcrygood Is there anyone cls~ 18 ~s approval of the site plan that they have submitted a~ in the audience who would like to address this issue? 19 you see before you 1290 Anyone else in the audience who would hke to address the 20 Several of the things that they were requested issue? Seamg none, I'll ask staff if she has any closing 21 to do to meet the intent of the Interim regulations, th~ 21 comments 22 have dona They have pulled the btuldmg closer to the 22 , MS Ht~[~SON we did receive a fax from the 23 strect so that there's no parlang in between the braiding 23 representative for the Southeast Denton Neighborhood 24 and the street All the parking is to rear or the sides 24 Association It has beau passed out to you 25 of the b~!!!dm~ Theyarel~e?mgabuffermbet,,veen 25 Ml~msaeL oocsMr Franoo have a copy of Page 142 Page 144 1 thor property and the ~xlstmg mobile homes -- I I that? 2 multi-family to th~ north Th~ are also doing tho 23, MS ~sot~ Yes, sir, he does Tho only 3 minimum r~ul.nxi buffer between thor site and tho x scant recommendation staff is ~s that it be approved with the 4 single family site to the west They am including 4 i same condition that tho hghtmg standards for the zomng 5 several landscaped areas with pubha art and sextmg ar~as 5 I plan In addition, it was noted today at our P&Z, our 6 which is other things that tho interim regs request and at 6 ] prc-P&Z meeting that they also need to meet the condmo~ 7 times require for appropriate sit~ plan of a 20-foot dnveway radius and we request that you add 8 They are proposing a two story building that 8 1 that to your condition of th~ zoning plan 9 ts going to be masonry vath a standing metal roof that 19,1 Ma Me,amt. okay Comimssloner Pashel 10 wdl ha painted but ha pamted to a color that ls amuted 10 MI~ gtslt~c t,djusthkeforMr Franooor 11 earth tone so that it does not stand out glanngly in the one of his rcpresentativ~ to address tho concerns of the 12 existing neighborhood 12] citizens group that we had and make sur~ we've covered 13 As the zoning plan has been approved, the 13 ] those things because I'm su~ we have people that are 14 staff f~ls that th~ site plan that they have presented 141 watching on telewsion that are concerned 15 tonight meets tho intent of tho zoning plan, as well as 151 Me. FRANce ! believe that most of these 16 the intent of the Comprehensive Plan I will turn it m~ 161 concerns noted on this memo that I received about an hour 17 to the applicant or th~ apphcant's archl~ct if they hav~ 17] ago have been addressed at various meetings And all 18 any other points that they would hke to make and w~ll be 1189 anyone has to do is call my office and I'd be happy to 19 back for qu~tious shortly answer any of these questions They have been addressed, 20 MIL MCNE[LL I volt open the public beanng 2(~ hke I said, adequately at various conunumty gathenngs 21 and ask if the appheant or th~ appheant's rcpresoatat~v~ 211 Ma PaSH£L would you mind going through 22 would like to make a statement 2~ those? What would you be most comfortable with, if I read 23 ~ Fa~,NCO- Thank you and good ovemag You them to you and you answered them or what? ~4 have a lot of pat~enc~ and you a~ v~ry d~hcated people teac ~-,.~'co well, tl~ medical void that is 25 I adou~ you for your cou.n~o I smtply want to - stipulated m th~ first quesuon or the first point, we TH~ PLANNING AND ZONING COM31ISSION ~1 ~..,~MBIIR 6, 2000 Page 141 - Page 144 Condense.' r~ Page 145 Page 14 / are going through a serious study of what would best serv I across the street with a park or tho neighborhood 2 that cmumumty at this juncture Mr Burton, Brag Burton, 2 elementary school that ~s also down the s/xeet And 3 the County Health Officer is hesdmg ap our comlmttea to 3 ~ certainly, within thc same area of impact for thc 4 sec what we could best do m utibzmg that space m some 4 neighbors that am hatwecn the Denton Housing Authority 5 comprelmnslve medical way to serve the commumty And 5 site and thc elementa~ school 6 that's where we are wlth that 6 MRMCNEILL verygood CoullmSsloners all) 7 On item 2, the venous entities that will be 7 adtht~onal questions for Ms Hudson? So you find, ~s m 8 housed there have been reade known o',er and over again 8 compliance and staff's recormnendation is? 9 The local paper has named this many tunes and I vail 9 MS ~UDSON staff recommends approval of thc 10 reiterate that we are going to hme a small besmess 10 site plan as proposed w~th the condition that the hghlmg 11 incubator We're going to have the Black and H~spamc 11 meets the standards as approved in tho zoning plan ,~s 12 Chambers of Commerce that arc going to support the small 12 I well as the condition that the driveways will have a 13 business incubator who is -- the small business incubator 13 20 foot maxanum tttrmng rathus 14 is supported by the University of North Texas School of 14 i MR MCNEILL need Thank you CoumllSSlOners, are you ready for a motion or do l, ou h,~x~ 15 Apphed Economics And we ball ha~ e the police department 15 I 16 out statton, tbe east side out station there And the two 16 I addmonal conuuents? 17 office spaces that I talked earlier for h.~,ACe and L~AC 17 ] MS ^COLE t m ready to move 18 and tbe v~t of it ts going to be for me,heal purposes if 18 I MR MCNEILL MS Apple, Commissmner Appl~ 19 and when we determine what w~ll go m there 191 MS ^~'PLn t move to recommend approval et 20 Restdeats concerned about v, hatber -- let's 20 ] sP on et 3 with the conditions as stated by Ms Hudson 21 sec, iteal 3, whatever servtces we prov~de vall serve the 21 I MR MCNEII.L IS therea second? 22 entire community It's not exclusively for the r~tdents 22 1 MS ao~'r second 23 of the Housms Authority Most of our programs are for 2234 MR MCNEILL It'S been moved and seconded 24 the entire community I can't tlnnk of a sinffle one Any discussion? Vote please on the board Conmussloner 25 that's exclusively for residents of the Hot~smg Auth0nty 25 [ Williams in not voting Tho moUon passes 6-0 Page 146 [ Page only 1' Conumsstoners, do we need a 2 I can't talk to ttem 4 I ~nk the 21 Let's take a five-minute break 3 professional planntng staff have taken note of what~ver 3~ 4 no~se is there m that area and I thnk shey've siren you 4[ MCN~m~. t 11 reconvent 5 reports On that I have, in fact, showing th~s particular iI Zomn ~ after our elongated five I recess 6 schematic el~vations, again, at ~a.'~ous occasions and And I Item 13 and .,omg 7 asalo, I'll be delt~hted to respond to any of these to So I'll le~ i u~ a 8 qocsttons to anyone that calls me and I'd be happy to give staff re~ort 9 them whatever information we ha~e 9, MR ON. ACE. lO MR ms~uc. Thank you, ,Mr France 1~ Tonight we have before us r the Ruehle 11 MI~ m,~'qctY 'thank you- office This property is Tensl~ Lane between 19 MR MCIqEILL DocS anyone else have comments Teasley and ~ se~ here on the 13 or questions? Anyone from the Commission have adthtlonat overhead ~ regarding the 14 comments or queaUons? Staff pubhe notice m your i~ ~ to he a 15 MS msOsOS one of the ~ngs wben we were correction There 16 constdertn$ the zoning plan for ~s s~t~ ts fl~ nnpaot of were four m favor 17 tlus slt~ as coEipared lo other use, m the ares Onthe 'rhea g a change 18 first page of your haekup, you ha',e a map that notes some on 1 95 acres to 19 of the other msUtutmaal uses in the area Dental office use ts 20 Currently, the site tmmedmely ad. lac~nt to site toted before, the property ~s 1 954 91 the west of tha proposed Denton Housing Authority office acres ,reposed use is in ~ 22 building is vacant Them are efta:es down th~ street and residential refill with ~3 doweth~streetber~ Tbe staff does not bebeve that tbe land use area The proposed use is ~4 noise l~v*ls from ~s site ar~ going to bYdrematteally Denton Plan A traffic nnpact :'5 thffenrat or louder than the recreaoon center that's , , a 're, ts not toque'ed but w~ll be requned once THB PLANNING' AND ZONING COMMISSIO 1 iMBBP- 6, 2000 Page 145 - Page 14~ 12/06/00 10 45 F~.X 9405654952 UNT TE~,CHI~R )UCATION ~002 ATTACHMEN~ Memo / TO: Planning & Zoning CommiSsion FROM-' Carolyn Phillips, Chail SEDNA RE: WilsonlRuddell Cite & Pr)ject Plan Denton Housing Authol ity Project This should serve to list l~he concerns of the residents voiced at a recent ipublic meeting hosted by Denton Housing Authority~at the request of the neighborhood, and held at th(~ Martin Luther King Center in September. Sincethere were no Planning Staff members present to hear resident I , 17th input, and since City Council1 at It s October meeting where it Approved t~e Project in a (7-0 Vote) electod to hear only Mi~. Richard Franco, Executive Director's versional citizen concerns, I would submit what those co~cerns were: 1. What will fill the medical ~void" left when TWU Cares Balled Out? 2. Since this building's entire first floor will be filled With service orientated e~titles, some that are Unknown to date, how can an ethical traffic estimate be made? ~8 12/Ob/00 10 45 FAX 9405654952 UNT TEACHER E~UCATION ~003 3. Residents were concerned, ~bout whether the Services being placed in th D building adequately Serve residents (particularly African Americans)/ or will it serve to facilitate sp;Ice for other entities to function within the commu, mity, 4, Someone voiced that there are houses with a Short distance that would ~e subjected to the Noise levels of people goi~.g to/fro for services. ** Notation..... Just for me; sure, as of to date, I have not seen even a picture Of the projected outside of the building proposed. The one presentation made at SEDNAI Meet!ng was an Inside view. The same true for thelMeeting in September. Thanks. ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 2000-393 TO PROVIDE FOR A PROJECT/DETAIL ED PLAN FOR 1 8 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-1891 ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE NORTHV~ EST CORNER OF RUDDELL STREET AND WiLSON STREET, PROVIDING A SAV[qGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2 000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP400-013) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a Proj eot Plan requirement, and WHEREAS, on October 17, 2000, by OrdinanCe 2000-393, the City Council approved a change in zoning for 1 8 acres of land, to Planned Development (PD-189) zoning district classification and land use designation, and WHEREAS, on October 2, 2000 HT&T A :chltects, on behalf of Denton Housang Authority, submitted a Project/Detatled Plan for 1 8 ac :es of land located within PD-189 with the intent to develop an office building, and WHEREAS, on December 6, 2000, the Planm lg and Zoning Commission recommended approval of a Project/Detailed Plan for such 1 8 acres, md WHEREAS, the City Council finds that the ProJect/Detailed Plan is consistent with the approved Zoning Plan, meets the requirements of the tqonresIdentlal Interim Regulations, and is consistent with the approved 1999-2020 Denton Coml~rehenslve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERE~Y ORDAINS SECTION 1 Orrhnance 2000-393 providing for the approval of a Planned Development Zoning ~ ~i-assffication and Use Designation for the property described as PD-189 is amended by approving the Project/Detailed Plan at~ached hereto and incorporated herein by reference as Exhibit B for 1 8 acres of land located Within PD-189, more particularly described by the legal description attached hereto and mcorpprated herein by reference as Exhibit A, sub3ect to the followmg conditions 1 Lighting on the property shall be designe/1 and maintained so as not to shine on or otherwise disturb surrounding residential )roperty or to shine and project upward to prevent the diffusion into the night sky 2 The driveways will have a maximum tumr ig radius of 20 feet 20i Ordinance 2000-393 SECTION 3 A copy of this ordmance shall ba attached to Ordinance 2000-393 showing the amendment hereto approved SECTION 4 If any provisions or the appllcatlq n thereof to any person or circumstance is held Invalid by any court, such invalidity shall not ~ffect the validity of other provisions or apphcat~ons, and to this end the provisions of this ordll ance are severable SECTION 5 Any person violating any t'OVlSlOn of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 ach day that a prowsaon of th~s ordinance ~s violated shall constitute a separate and dmtmct offe~ SECTION 6 This ordinance shall become eft Uve fourteen 04) days fi.om the date of its passage, and the City Secretary is hereby directed t~, cause the caption of tlus orchnance to be pubhshed twice m the Denton Record Chromcle, ot ~mal newspaper of the City of Denton, Texas, wltlun ten (10) days of the date ofxts passage PASSED AND APPROVED fi'ns the day of ,2001 EL LrNB BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 21 PAGE 2 Exhibit A Legal Description Being all that certain lot, tract, or parcel of land s~tt ited m the MEP & PRR Survey Abstract 1471, and the J Brock Survey, Abstract 5', , Denton County, Texas, being all of a 0 610 acre tract described in a deed to St Andrew Church of God m Christ, recorded under County Clerk's file 97-R0081539, Real Prop rty Records, Denton County, Texas and being all of a al 162 acre tract described in a d~ ~d to Denton Housing Authority, recorded m Volume 2839, Page 778, Real Property ~.ecords, Denton County, Texas and being more particularly described as follows Beginning at an iron rod found at the northwest cot [er of said St Andrew tract, being at the northeast comer of a tract described m a deed t¢ John L Clay, recorded ~n Volume 1222, Page 34, Deed Records, Denton County, Tex s, also being the southwest comer of Lot 1, Block A, Dreamland Apartments Addition, ~ ~ addition to the City of Denton, recorded m Volume 6, Page 12, Plat Records, Dent n County, Texas, and being the southeast comer of a tract of land described m a de, ~ to the City of Denton, recorded in Volume 993, Page 715, Deed Records, Denton Cot ~ty, Texas, Thence S 89 degrees 38 minutes 03 seconds East, ~ tth the north hne of smd St Andrew tract and the south hne of smd Lot 1, a distance of~ ) 00 feet to an iron pin found at the northernmost northeast comer of said St Andrew t: tct and the northernmost northwest comer of a tract described ~n a deed to Denton Hou lng Authority, recorded in Volume 2839, Page 778, Real Property Records, Denton Cc tnty, Texas, Thence S 89 degrees 38 minutes 03 seconds East, x ~th the north line of satd Denton Housing tract and with the west hne ofRuddell Str et, a distance of 308 53 feet to an iron pin fo,und for the southeast comer of said Denton I~ )using tract and the intersection of the west hne of Ruddell Street and the north nght-of-~ , line of Wilson Street, Thence S 89 degrees 58 m~nutes 45 seconds West, ~ ~lth a south line of said Denton Housing tract and the north right-of-way line of W~ son Street, a distance of 120 21 feet to an iron pin found for the southern most southwe I comer of smd Denton Housing tract and the southern most southeast comer of said St ndrew tract, Thence N 88 degrees 53 minutes 24 seconds West ruth a south line of smd St Andrew tract and the north right-of-way line of Wilson Str, , a distance of 130 06 feet to an iron pin found for the southwest comer of sa~d St Andrl w tract and the southeast comer of smd Clay tract, Thenoe N 00 degrees 07 minutes 48 seconds East, 28 00 feet with the west line of smd St Andrew tract and the east hne of said Clay tracl a distance of 307 65 feet to the Place of Begmmng and contmmng 1 773 acres of land 2~ rrrrrrrlTrrrrrrrrrl rrrrrrrlll Jill I I I I I//1 LmllllllllllallLllalll~ll~llqll~lal I HEW HQ OFFICES FOR HOUSIH(;I AUTHORITY OFFICE8 FOR I __. i.l~*'l' mr,.=~ ~ HOU81NG AUTHORITY , AGENDA INFORMAT] )N SHEET Agenda {tem, t.~ ~9 Oate t1,, £0/ AGENDA DATE' January 2, 2001 DEPARTMENT: Planmng Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z-00-013 (Audra Oaks) Hold a public heanng and consider adoption of an )rdmanee approving a Detailed Plan, to rezone 2 94 acres located along the south side of A[ ira Lane approximately 640 feet west of Mockingbird Lane from Agricultural (A) zomng d]st ct to Planned Development (PD) zomng d~stnct A 12-lot single-family subdlws~on xs propose The Planning and Zomng Comm~ssxon recommends approval (7-0) w~th conditions BACKGROUND The apphcant has requested approval of a Detailed PI~ to rezone approximately 3 acres from an Agricultural zoning district (A) to Planned Developer at (PD) This apphcat~on was exempted from the Residential Interim Regulations by C~ty ( ~uncfi on April 4, 2000 The proposal encompasses 12 single-family res]dentrol lots (7,000 s uare foot mmlmum), and the extension of the ex~stmg Beverly Drive and connecting it with A dra Lane Some of the proposed design features are offset 2-car garages, 75 percent mans ,fy on the exterior of the elevations, a mm]mum 6 12 pitch roof, street trees, staggered front: :tbacks, and a variety of front elevations ~ The subject property is located m a Agricultural (.~ I zomng district ~ The site ~s located m an Existing Nelghborhoo~ tlnfill Compatibility area, staff finds the proposed development consistent with The Dentor Plan ~ Twenty-rune (29) property owners were notified ,f the zomng request Two (2) responses have been received, one (1) is m favor of the re, est and one (1) ~s neutral (see Attachment 3) PRIOR ACTION/REVIEW The following Is a chronology of Z-00-013, commor known as Audra Oaks City Council Date - April 4, 2000 Application Date - June 28, 2000 DRC Date(s) - July 6, 2000 October 26, 2000 P&Z Date - December 6, 2000 ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to platted prior to any development FISCAL INFORMATION Development of th~s property wall increase the ass¢ :d value o£ the c~ty, county, and school d~stnct As a form of lnfili development, no extens~ n of pubhc infrastructure ~s necessary to service th~s site P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends )proval (7-0) of th~s zomng request w~th the following conditions 1 Add~tlonal culvert(s) may be reqmred under ~,udra Lane to handle increase m storm water d~seharge from the proposed develop~ tent based on further drmnage analys~s submitted to and rewewed by staff 2 Street trees shall be planted approximately 30 :et on center along Beverly Drive and the east s~de of the proposed street xn conjunction x lth the total reqmred number of trees OPTIONS 1 Approve as submitted 2 Approve w~th cond~tlons 3 Deny 4 Postpone consideration 5 Table item ATTACI'IMENTS Plannmg and Zoning Comm~ssmn Report, Deceml ~r 6, 2000, Z-00-013 Planmng and Zoning Commission minutes from E ~cember 6, 2000 Draft Ordinance R spectfully submitted E ~uglag S Powell, AICP E rector of Planning and Development P~i~ed by D~borah V~era PlJnner I ,, ATTACHMENT Ajcer~da NO Agenda Item ~' PLANNING AND ZONING COMI ISSION Date STAFF REPORT Sublect Audra Oaks Detailed Plan Case Number Z-00-013 Staff Deborah V~era, Planner I Agenda Date December 6, 2000 PURPOSE ~ '~'~' ~ '~ ;' Hold a pubhc heanng and consider making a ~ation to the C~ty Council concerning a Detailed Plan to rezone apprommately 3 acres from an, nculture (A) zomng district to Planned Development (PD) zomng dlstnct The ~ntentlon is a lie-family subd~wslon LOCATION Location Along the south side of Audra ,640 feet west of Mockingbird Lane Size 2 94 acres ZO00~ r%/ i [ ~ 3 Apphcant Carl McCullar Owr ~r' T~m Mayrath 301 Dallas Dnve 810 Pehcan Denton, TX 76205 Coppell, TX 75019 The apphcant ~s requesting the approval of a Detailed PI~ n to rezone 2 94 acres from Agricultural (A) zomng dlstnct to Planned Development (PD) to devel~ p a 12-1ot slngle-famdy subdivision Th~s apphcabon was exempted from the requirements a~ procedures of the Res~denbal Interim Regulations (Ordinance 2000-178) by the City Councd ( April 4, 2000 The residential development proposes lots sizes of 7,00 , square foot m~mmum resulting ~n a density of 4 1 dwelling per acre w~th maximum lot coverage of ~0 percent The subject site ~s adjacent to One-family Dwelhng 7 (SF-7) zoning districts on the no th, east and south, and It ~s adjacent to an Agricultural (A) zoning d~stnct to the west (see Enclosure 3) Some of the proposed resldenbal design features ~nclude 75 percent mansory on the extenor of th ) elevations, a m~mmum 6 12 p~tch roof, and offset 2-car-garages Also, the apphcant has included some design elements ,' Jch as staggered front setbacks, allowing 50 percent of the u n~ts closer to the street, street trees, a va ~ety of front elevabons, and the extension of the existing Beverly Drive and connecbng ~t to Audra L ~ne to enhance the read connecbwty of the neighborhood The Denton Plan Analysis ~ The Denton Plan shows th~s area to be within an Existing Residential/Inflll Compatibility Area (see Enclosure 2) Within estabhshed res~denbal areas, lew development should respond to existing development with compatible uses, patterns, and des~g ~ standards Housing that ~s compatible w~th the ex~st~ng density, neighborhood servme, and comrr ,rc~al land uses ~s allowed Staff finds the proposed zoning to be consistent with the policies ,f The Denton Plan Transportation A Tnp generabon The proposed 12-1ot s~ngle-fam~ly subd~ws~on w~ll, pproximately 115 tnps per day Th~s is 86 more trips per day if the 2 94 acre developed under the existing Agricultural zomng district At the present time, Audra Lane ~s, =ted as a local street and there ~s adequate capacity to handle the proposed traffic g~ eratlon 4. B Access The proposed subd~ws~on w~ll have access onto Au( 'a Lane and Beverly Dnve, and will prowde future access to the west C Road Capacity Beverly Drive ~s ~denbfied as a local street by the 1999 Denton Mob~hty Plan Th~s street ~s designed to be a two (2) lane undlwded street w~tl* parking, providing one (1) lane of through traffic As such, ~ts designed traffic capacity allows 1 )r a tolerable traffic flow of up to 4,500 tnps per day Beverly Drive is currently constructed w~th i vo (2) lanes w~thout parking There ~s not a traffic count available for th~s street Audra Lane ~s ~denbfied as a collector street by th, 1999 Denton Mob~hty Plan Th~s street ~s designed to be a four (4) lane undivided street w~th parking, prowd~ng two (2) lanes of through traffic As such, ~ts designed traffic capacity allows )r a tolerable traffic flow of up to 7,500 trips per day Audra Lane ~s currently constructed with tw ~ (2) lanes without parking The most recent traffic counts for ^udra Lane ~nd~cate that there ~s ad~ uate capacity to handle the calculated tnps that could be generated by the proposed developm, tnt D Pedestrian L~nkages Sidewalks along all public streets are required 2 Utilities Th~s s~te has access to ex,sting water and samtary: ewer hnes 3 Drainage and Topography New development will be required to design and cor~ ~.truct a drainage system to c~ty standards A prehm~nary drainage study will be required w~th theI,ubm~sslon of a prehm~nary plat The study must include calculations of the 100-year storm forI all drainage areas on this property and any area that drains towards th~s property The develop(j r must ~ndlcate the method by whmh the run- off w~ll be carned across the property or stored on ~ ~e property 4. Landscaping Th~s property will have to comply w~th the new Lan( ~cape Code. whmh requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to ] .~ma~n pervious (plantable area) 5 Open Space and Recreational Areas Th~s res~denbal development will be required t( participate ~n the development of pubhc recreabonal areas Through the Park Ded~cabor Ordinance (98-039), th~s development w~ll contnbute to park land dedlcabon and park deve )pment fees Ded~cabon requirements are required dunng the platbng process Park developi lent fees are reqmred pnor to the issuance of building permits 6 Environmental Quality Impacts No negabve enwronmental impacts have ~denbfied Z 00 013 -kS_ e, ~'~ 5. January 14, 1969 - The subject property was placed Ir~lhe Agriculture (A) zoning dmtnct and land use classlflcabon by Ordinance 69-01 (see Enclosure The subject property ~s not platted and would need to bI platted pnor to any development PUBUC Not~ce of the zomng request was published ~n the Dent¢ ~ Record-Chronicle on November 25, 2000 Twenty-rune (29) property owners within two hundred fe ,t were ma~led legal nobces and mnety-elght (98) residents w~th~n five hundred feet were sent courte,' ! notices ~nform~ng them of the request (see Enclosure 4) As of th~s wntlng, there have been two (2 responses, one m favor of the request and one (1) neutral (see Enclosure 5) A neighborhood meeting was held on November 28, 2( )0, to d~scuss the proposed lot layout Five remdents w~th~n 500 feet of the subject s~te showe up to the meeting The following top~cs were d;scussed dunng the meeting · T~mefrarne of the proposed remdentlal developn ~nt · Square footage of the dwelhng units · Any proposed deed restncbons for the developn snt · Road ~mprovements for Nottingham Dnve and Lane Staff recommends approval of Z-00-013 w~th the follow~ ng cond~bons 1 Add~t~omal culvert(s) may be required under AudI a Lane to handle increase ~n storm water d~scharge from the proposed development base~ ~ on further drainage analyms submitted to and rewewed by staff ~ 2 Street trees shall be planted approximately 30 f et on center along Beverly Drive and the east rode of the proposed street in add~bon to pi ~nbng trees on each remdent~al lot The number of street trees ~s ~ncluded ~n the total nu nber of required trees I I move to recommend approval of Z-00-013 w~th the f( lowing cond~bons 1 Additional culvert(s) may be required under Au( ra Lane to handle increase ~n storm water d~scharge from the proposed development bas~ on further drainage analyms submitted to and rewewed by staff 2 Street trees shall be planted approximately 301 )et on center along Beverly Dnve and the east rode of the proposed street in add~bon to p ~nt~ng trees on each remdenbal lot The number of street trees ~s ~ncluded m the total nl tuber of required trees Z O0 013 P&Z report 6. 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Detailed Plan 2 Future Land Use Map 3 Zoning Map 4 200'-500' Notlfmat~on Map 5 Property Owner Responses (2) Z 00 013 P&Z report 7 "t. !!i ii~ ;', ,: ,I ! ENCLOSURE 2 ~ NORTH ~.-00-013 (Audra Oaks) ,rhoodl LAND USE MAP Agenda Date' December 6, 2000 9 Scale None ENCLOSURE 3 ~ NORTH Z-00-013 (Audra Oaks) ZONING MAP Agenda Date: December 6, 2000 Scale None 10. ENCLOSURE 4 ~ NORTH Z-00-013 (Audra Oaks) II 200' Legal Notices sent via Cerbfied Mall 29 II 500' Courtesy Nobces sent via 1" Class Ma~l 98 Agenda Date. December 6, 2000 Scale None 11 ENCLOSURE 5 NOT'J:CE OF PUBLIC HEARING Z-00-013 The Planning and Zoning Commmsmn of the City of Denton w~tl hold a public heanng on Wednesday, December 6, 2000, to consider recommending approval to City Council the zoning change of apprommately 3 acres, from Agricultural zoning district to Planned Development zoning distnct It ~s located along the south side of Audra Lane approximately 640 feet west of Mockingbird (see map on backside) The property is legally described as being 2 84 acres in the M E P & P R R Company Survey. in the City of Denton, Denton County, Texas The purpose of the zomng change Is 12-1ots single-family subdivision The pubhc heanng w~ll start at 6 00 p m in the C~ty Council Chambers of Ctty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~thin two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about th~s zomng change request and invEes you to a~tend the public heanng Please. tn order for your opinion to be taken into account, return this form with your comments prior to the date of the pubhc hearing (Th/s in no way prohlbits you from attending and participating In the public I~eanng ) 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. Deborah Vlera, Planner I The zoning process includes two public heanngs designed to provide opportumtms for citizen involvement and comment Prior to the public hearings, landowners w~thm two hundred (200) feet of the subject property ere notified of the zoning request by way of this notme The first public heanng is held before the Planning and Zoning Commission The Commission is Informed of the percent of responses in support and in opposition Sec=nd. the zoning pebtlon is fonvarded to the City Gouncll for final action providing the Commlsslo~¥ te'cb~mbnda* approval Should the Commission r6~rnend denial, the petitioner may then appeal ~he request to the City Council If owners of more than ~venty (20) percent of the land area w~thln two hundred (200) feet of the s,te submit wntten opposition, then slx out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one' I~n fa. vor'of requ~st~ Neutral to request Opposed to request Comments, Signature ~4~' ~ ~) Printed Nan~e Mmllng Address Clty, State Zip Telephone Number Physl~l Addre~ of Pr~e~ within 200 feet ~ Te~n] ~. CITY OF DENTON, T~AS ClWHALLWE~ · DENTON, TEXAS 76~t · 940~983~ · (F)940 3497707 Z~0f3 'NOTICE OF PUBLIC HEAEIN6 Z-00-013 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, December 6, 2000, to consider recommending approval to C~ty Council the zoning change of approximately 3 acres, from Agncultural zoning d~stnct to Planned Development zoning d~strlct It ~s located along the south side of Audra Lane approximately 640 feet west of Mockingbird (see map on backside) The property is legally descnbed as being 2 94 acres in the M E P & P R R Company Survey, In the City of Denton, Denton County, Texas The purpose of the zoning change is 12-lots single-family subdivision The public heanng will start at 6 00 p m m the Cffy Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the pub#c heanng Please, in order for your opinion to be taken Into account, return this form w~th your comments prior to the date of the pubhc heanng (This ~n no way prohibits you from attending and part~c/pating ~n the public hearing ) You may fax It to the number located at the bottom, mall ~t to the address below, or drop It off ~n-person Planning and Development Department 221 N, Elm ST Denton, Texas 76201 Attn' Deborah Viera, Planner I The zoning process Includes two public hearings designed to provide opportunities for c~tlzen ~nvolvement and comment Prior to the public hearings, landowners wlthm two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commlsslon The Commission Is Informed of the percent of responses In support and In opposition Second, the zoning petition ls forwarded to the City Council for final acbon providing-the Commlsslo&-recorflmen'd~'-~l:il~l'o~al%-Shf~ld'the-Commlsslon re~mrnend denial, the petitioner may then appeal the request to the Oity Council If owners of more than twenty (20) percent of the land area wlthln two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one' In favor of request ~l to r.-~q~u~__.._~ Opposed to request Comments' Signature ~'~I,~..A.)~'~.~/( ~ ~1 DEC012000 IL~ Mailing Address .-.~1 ..~.--% ~./-~Lo~''/O/O '-'~- PLANNING & DEVELOPMENT Clty, StateZ,p -~'*/~/I,,~,'~'~/c~, ~X '~,~)1'"'~ Telephone.umber Physical Address of Property within 200 feet c:~-¢/.~. '7'¢ ¢Y7l/(:~ CITY OF DENTON, TEXAS ClTYHALLWEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 z 00.0f3 '13. ATTACHMENT 2 ~ Page somebody stop mo If - I'd hko to move to recommend not the standard hghtmg condmon Ifs a little b~t approval of zP oo-o16 vath tho standard 1 a traffic impact analys~s be MS APPLE Oh, thank you Toll you what 4 In the event of any expansion above 5 , motion and read, even 5 5 I that Lot me read 6 L MCNEILL DO I hear a second? 6 no c 7 7 MCNEILL ao right ahead 8 It's bean mowxh seconded 8 LEI reaonunend a ,f ZP O0 016 9 Any 9 conditions on the 10 ~ was first 10 propert~ 11 MS 11 dec~gned, mstalkd 12 of what ~no of tho 12 and maintained the adjacent 13 most, as Ms Apple said, Tho 13 properties landscaping, l and/or fencing shall b~ 14 eec thing I've learned for the 14 used sc l 5 person who's You're zoning the 15 enteaang onto adjacent 16 land And that'~ ~t as good as all 16 properties and c ~ traffic impact 17 And so we 17 Is over 5 000 18 have to -- '. , have te ~omg 18 19 if things my whole 19 I still second that 20 this forward 20 MCNEILL oood Is there an I hope It works out well for y'all and rr 21 Any discussion on thc motion? c on the ~ou're going to make a ~'eat use of ~t Motion passes unanmaously, 7-0 The next A4~eada item is to have a rop MR MCNEILL comnussiooer Williams the &rector and the first item he's going to re'pon on MR WILLIAMS Yes I didn't mean to question the calendar Page 168 any of our tioo citizen's lntoot or motlvea, but my I Nm RtSHEL MS Vlera Is waving us off Do 2 not land, she says 3 MIL MCNEILL 14, l just checked that I've in Now York City could cmo leas about ', 4 been checking these and I checked 14 My mistake He ts looking 5 That's tlgea tonight I flunked tho course, didn't I? 6 Iteaa 14, we're going to hold a pubhc heanng and 7 consider making a recommendation to th~ C~ty Council 8 concerning the detailed plan to rezone 2 9 acres from 9 A_m-~eulture And I believe Ms Oaks Is going to bnng us 10 thc -- sorry What time is ~t? Is It midnight y~t9 11 x~s VtERn we're getting close but we are not 12 the~ Okay 13 MR MCNEILL If I didn't know y'all loved mc 14 I'd t~nk )ou hated me 15 xts VlO,~ oood cvomng, Chatrman, 16 Commission Tomght before yoa you have a zoning change 17 request for 2 94 acres from Agriculture zoning district to 18 Planned Development This s~t~ is located south of Audra 19 Lane and '.vest of Beverly Dnw, approxmmtaly 600 foal , motion? 20 away I var say west of Mockingbird Lane lust for your MS APeLII sure 21 mformatmn th~s apphcation docs not trigger thc MIL RISHEL Than~ you 22 tca~dcnUal mtcnm tegulatxons a seaond :23 The apphaant la proposing a 12qot MR REICHHART I just wan~xl to p~mt out one 24 subcbws:on with a mlnn~lnll lot size of 7,000 square feat thtog, espmlally with that hght~ng concht~on That ts 25 Th~ proposed dooslty for tlus development ts 4 1 unas per THE PLANNING AND ZONING COMMISSIC 14 EMBER 6, 2000 Page 165 - Page 168 CondenseltTM Page 169 [ Page 17 1 acre with a maximum lot coverage of 40 percent I street trees rather than putting them in the yard~ 2 According to tho Denton Plan, this Slta is 2 MR MCNEILL staff, do you have corem,cuts on 3 located tn an ~xistlng neighborhood refill compatiblht) 3 that? 4 ama As you can sm In tho zoning map, the site is 4 MR REICHHART The conchtlon could b¢ changed 5 adjacent on the north, east, and south by smgla-famll:, 5 instead of saying in addition to planting trees In each 6 7,000 square foot zoning district and by an Agricultural 6 residential lot, In lieu of -- I don't kno~ x~hat x 7 zoning thstnct to the west ? reqmremeats are for trees, how many trees are r~qm 8 The plan also proposed tho extension of the 8 I mean, that could just be taken out, not tn lieu of but 9 existing Beverly Drive to the west and connecting it to 9 Included with or to be counted as part of the rea. 10 Audra Lane Thls Is a copy of your backup The appbcant 10 trees or something 11 also proposes design elements such as 70 percent masonry l I MR BU$SELL I just want to make gax: . 12 on th~ ext~nor, elevation staggered front setbacks, a 12 very precise because PDs are -- once v~e get it in ~ 13 minimum 6/12 pitch roof, offset two car garages, strut 13 It's the law and I just want to make sure it work~ 14 trees just to mention same of thc design clements 14 MR MCNEILL $o your request is to get t~ 15 I'm available to answer any questions that you 15 trees tn the street and not ~n the restdenttaI 16 may have At this point, staff r~ommeada approval of the 16 along the street and not In the lot site 17 Z00-013wlthcondltlOnS If you want me to go thro .ugh 17 MR BU$SELL wcll, we have 44 crecllts lor thc 18 thru now or do you want to watt until the close? 18 acreage, 15 trees an acre, 2 94 acres, 44 trees 19 Mi{ biC~mCL t~t me sro tf tho Cormmssien ha~ 19 MR REICHHART So you need to plant 4- 20 anyquesttens foryouboforeweopeathepubhchennng 20 MR BU$SELL we need to have 44 ttee c ~dtts 21 Commlssioners, do you havo any questions for stafl~? Thank 21 when lt's all done I'vedonctbelaymgout oft ctree~ 22 you I'll opes the public hearing and I w~ll ask if the 22 and we have 24 street trees would be required a. on the 23 applicant or his represeatauv¢ would like to make a 23 30-foot centers And then whatever extra we sax e ~n the 24 statement 24 back and whatever extra trees need to be planted then 25 ~. BUSSELL ~y name is Allen Bussell, 25 we'll make it to the 44 I just want to make sure that Page 170 Page 172 I Surveyors and Engln~rs of North Texas, 162I Amanda Courl I It's worded to where everything Is okay at tl~ ~nd 2 Ponder I'm here ropreseating Mr McCullar on flus 2 Ma. MCNE[LL It sounds very reasonable m n e 3 project 3 So staff or wheever is going to make the monon need 4 Tho site ts ve~'y narrow We started about two 4 bo cogmzant of that tf they want to put that m ~ 5 years ago We actually tried to do a strmght sF 7 zoning 5 motion ts what you're requesting 6 and it just *- couldn't got tl~ staff tu go along with thc 6 MR BUSSELL Y~, sir 7 design we wanted So when the interim ~ kicked in. x~¢ 7 MR MC'NEtLL 'thank you Any questions for 8 trled a couple of other things and we finally ended up 8 theapphcant from the Commlsstoners';' AllnghL Thank 9 with this. braiding an entire full-width street on one 9 you very much Staff 10 side and rhea continuing Beverly Drive and creating a 10 MS VIERA Maybe if we go thi'ough the 11 connectivity with the adjacent property In flus location I 1 conditions, maybe tl~ peepla who arc hstanmg and 12 hero 12 watching us will bo - will understand better what we a e 13 I tried ~a add some design elomeats there to 13 doing Aecorchng to the verbiage of tho document that ~ ou 14 increase tl~ quality of the subdivision and added the 14 have a copy of, in item 11 A, it says City approves tree 15 street trees to make it a much prettier neighborhood to 15 at 30 foot on eenter may be plantad Inside right-of-wax 16 drive through 16 desired by owner in hca of the planting trees vat~n 17 Them is one thing I would like to address on 17 lots 18 the City ~commendation, the staff recommendations on ~e 18 I will say if we change that verbiage to say 19 landscaping and I would ltke tu just add some language 19 Ctty approves street trees at 30 feet on center shall be 20 them that's saying that the street trees would be -- that ~0 planted inside the right-of-way in lieu of phin~ng trce~ 21 the 44 cr~hts rexlutred for the sub&vision, that the 21 within lots will be enough 22 stlnmt trna would be Included in that 44 credits And 22 iv~ REtCHHART NO WhRt says all they h.ave 23 I'm not sure how exactly it reads It's kind of-- I Just 23 to do is plant the streat trees 24 want to Lake SUm tt -- that we're not plantll~g double tl~ 24 MS W~A Yeah 25 emountorathirdmurothenwo'ror~qusxed Wewantth~ 125 MR REICHHART And not put anythmg cls~ :n THE PLANNING AND ZONIN(} COMMISSIO --'~EMBER 6. 2000 Page 169 - Page 172 15 CondenseItTM Page 173 Page 175 I They need 44 trvc credits, they plant 24 street U'ccs, I There's not a house? Is u r~ght the~ m that part that 2 there's 20 otber tress that riced to be planted 2 floods all the t~mc? Tho'~'s one part of Audra Lane that 3 MS VII~.A yeah They make reference tn item 3 floods every ttme it rams 4 lltuthat ItomllAlsmorespestficandlt'stalkmg 4 Ma. SALMON ~xcll, Ithnkthat'smthatarca 5 about stt~t ~ $ down there between where Audra curves and Mockingbird ] 6 MR R~ICHHART I think if wc use thc same 6 think there is some water that comes over thc road x~hcn ~t 7 condthon that we have and.lust change thc last few words 7 rams 8 to have tt rend street ~ces shall be planted 8 MS HOLT tS that gems to take care of tt? 9 approximately 30 foot on center along l~verly Dove on the 9 MR SALMON It S m that general area I 10 east side of the proposed street tn conjunctton with thc 10 don't know if tlus ts exactly tb~ spot 11 total rcqulred number of tress 11 MS HOLT I$ that calvca'~gomg to takccare 12 MR MCNEILL That'sgood Whydon'twcjust 12 of that? Imean, that'sahngcth~eg 13 put thc number m there? Wtth the n:qu~ed number of 44 13 MIL SALMON We]J, ODg~ th~ng We haven't gotten 14 trc~ 14 to, thts property wdl, of course, have to be platted and 16 of the extsttng flees, they get credtt for those, too 16 thc platung and I would unngm¢ some drainage 17 MR. MCNEILL okay 17 improvements will need to go along wtth those street 19 have 24 along the st~et 19 Ms VI~.A Also, during thc prchnunary plat 20 MR BUSSI~LL Yeah, that's what ] calculated 20 they need to submtta permanent dmmage study so that s 22 setbacks and driveways, ct cetera It's approximately 24 22 wtll be needed 23 MR. MCt~81LL okay So are you happy wth 23 MR MCHntLL ts ~ anyone else m thc 24 those words Okay All right 24 audience who would hkc ~o address thc issue? 25 MS VI~RA ']'he staff also has another 25 Conumssloner Wtthams Page 174 Page 176 I condlt~on to bo included for the approval of this zoning 1 MRWILLIAMS Ye~ Iguesslncedtotulk 2 change and the con&t~on should read, addtuonal culverts 2 about traffic tmpect study I dove down Audra Lane and 3 may bo r~lun'ed on Audra Lane to handle mcreased storm 3 that road is so narrow unttl- I don't sec how that 4 water discharge from the proposed development based on 4 restdeattal can continue to be developed in that area $ further drainngc analysts subnutted to and reviewed by 5 since the City has decided we w~en't going to do anything 6 staff So there arc two condthoos attacbod to ~s, to 6 about that, becaus~ it's not - there's no curbs and 7 the approval 7 gutters and that street w~ll fit one and a half cars 8 Ma MC~ILL okay W'mch axe hs~d tn our 8 safely, not two, one and a half Maybe one and 9 backup material 9 seven-c~ghts but not two cars 10 Ms vl,n~. Uh-huh 10 And I'm very concerned about the traffic even 11 MR. MCNHILL The One has been modified by 11 though -- there's a concern about radii and apartments 12 this conjunction phrase 12 would be worse and a commercial area, I don't think 13 Ma I~ICltH.~T Correct 13 anybody would put anylhmg there So I don't know I m 14 MR.MC~ralLL verygood Allnghr 14 verycoocerned 15 Commissioners, do you have questions for staff? Okay 15 MR SALMON ~ don't know if tlus will help 16 Thank you Is there anyone else m the au&caen who would 16 but if w~ could ever get thc gas hoe moved, we are 17 hke to address ll~s issue either for or ngamst? 17 extending Nottmgham across tbo ro~oad tracks to t~e m 18 Commissioner Holt 18 with Audra Lane wluch means we won't have nearly as many 19 Ms HOLT t just have a question about Audra 19 people using tlus section of road to ~t over to 20 Lane, thatsccttonofAudraLane What ~s tbe mae frame 20 Mochngbird to got up to I~hngo and Untversity Drne And ! 1 of that being someflung being done to Audra Lane? 21 that hopefully will happen m ~e relatively near future ~2 MR. SALMON ?hatseat~onofAudraLane~s 22 Wc'reundercons~rucuonnow It's3tstthatbccauscofa 23 currently not tn our Capttul Improvements Program so there 23 confhct with a gas main, w~ ha-,nm't been able to complete 24 is no t~me frame for any major rebuild - 24 thc project 25 MS HOLT tS th~ a hou$~ on ~t propgll}~ 25 As I staled earher, th~s development w~ll bo THE PLANNING AND ZONINO COMMISSIO1 ~ 6. ;MBi~R 6, 2000 Page 173 - Page 176 CondenscltTM Page 177 ?age Il I required to do some road naprovements, as well as any sm. MCNEILL And that s what s hsterl here :2 other developments that occur in this area I thmk we for the date 3 have a plat in process on the north side of Auclra Lane ~m. POWELL Right But my point is that 4 which will be requu'ed to make some pretty significant ; ar~ no m~tmgs scheduled m January as of il 5 read unprovements 5 6 And we've had some interest tn some of the 6 oh, okay 7 property directly to the west of hem and if that property 7 But I And 1 8 developed, they would have to do additional road 8 9 improvements So as property develops, there will be 9 t of those max. ting 10 additional road unprovements and I think the amount of 10 dates 11 traffic you currently see hero will be reduced once we're 11 , much 12 able to complete our construction work on Nottmgham 12 ~ PO~ ECL } onto the next 13 MR MCN EILL All right Seeing no additional 13 item, I d,d want to point ~ the end 14 lights and seeing no one else wishing to speak, I'll close 14 of our hous~ for the Development 15 the public heanng and 15 Code i scheduled one 16 additional comments or a motion 16 tomorrow mght ~ and th~. 17 MS APPLE 111 move to rocoimnend approval of 17 last one next ,~ ' at Calhoun : all et 18 Z-00-013 with the following condmens that additional 18 19 culverts may be required under Audra Lane to handle 19 There's ,. 20 increase m storm water d~scharge from the proposed 20 our africa or 21 development based on further drainage analysis submitted 21 you about tho Code And ~ all I 22 to and reviewed by staff, that street trees shall be 23 planted appruxLmstely 30 feet on center along Beverly sm. msa~[ could you toll us a halo blt 24 Dave and the east side of the proposed street, m about )our consumer response, citizen response that you 25 addltton to planting trees on each residential lot, noting have had so far, some of the comments that they Page I that the namber of street t~t~s vail bo included tn tl~ It just somas to me that people that I have seen have been 2 count of the r~lulred number of trna for th~s ve'ry apprecmtave that have taken advantage of coming ~ 3 developumnt 4 MR alSmiL Second 4 : the efforts that wa'va made there I'm, 5 MR MCNEILL It S been moved and seconded 5 e staff has heard and what their feehngs 6 Is ther~ any discussion on the moUon? Any discussion on 6 ,OWELL [ve not to ¢ 7 the motion? Are you ready to vote? Vote., plesse~ on tl~ 7 t I cio agree with you that Itl 8 board Motion 8 t a general cunoslt~ of We're now ready for the Du~ctor's R~port and 9 tho calendar 2001 10 propen} And I eople by and t~a l. owau. c. cod evening again Earher ¢ 11 12 12 neighborhoods because :t those ex~stmg 13 The caleodm 13 neighborhoods 14 Commission Is listed out 14 I tlunk most ~ the 15 ,5 It me,ts a' 15 them will be new 16 ra~tmg dates on ll~ ; and vm 16 design standards 17 would hka ~ can - 17 Plan Again. ,ut I think 18 ~ P&Z has not 18 19 19 e the 20 Ma. okay 20 pattern in Denton 21 n to you 21 MR. MClaEILL TO follow up 22 Let ma ask You am these homeowners ¢ : there Wa &d say Januar~ r what's coming? ~ the meotm$ tar group? ~ l~owaL~, lught ~ ~,OW~LL I would say a hRle bit of TIlE PLANNING AND ZONING COMMISSION D~CEMBER 6, 2000 Page 177 - Page 180 17. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-192) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2 94 ACRES OF LAND LOCATED ALONG THE SOUTH SIDE OF AUDRA LANE APPROXIMATELY 640 FEET WEST OF MOCKINGBIRD LANE, PROVDING A DETAILED PLAN ENCOMPASSING 2 94 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-013) WHEREAS, Carl McCullar amtlated a change m zonmg for 2 94 acres of land from Agricultural (A) zomng district classification and use demgnataon to Planned Development (PD) zomng district classffieat~on and use des, gnatmn, and WHEREAS, on December 6, 2000, the Planmng and Zoning Commlssaon concluded a pubhc heanng as required by law, after which a motion to recommend approval o f the requested change ~n zomng was passed, and WHEREAS, the City Council finds that the change m zomng is consastent wath the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng d~smct classaficatlon and use designation ofthe 2 94 acre property described xn the legal description attached hereto and incorporated herein as Exbablt A as changed from Agricultural (A) zomng district elassfficatlon and use desagnaUon Planned Development (PD-192) zomng dastnct classfficatlon and use deslgnaUon under the comprehensave zoning ordmance of the City of Denton, Texas, subject to the followang conditions 1 The permitted land uses are resmcted to those described on the Detmled Plan attached hereto and ~ncorporated hereto by reference as Exhabat B The Detmled Plan as hereby approved as a part of PD-192 The subject property shall be developed an accordance w~th the Detmled Plan 2 Addxtaonal culvert(s) may be reqmred under Audra Lane to handle increase ~n storm water dmcharge from the proposed development based on further drainage analys~s submitted to and rewewed by staff 3 Street trees shall be planted approximately 30 feet on center along Beverly Drive and the east side of the proposed street an conjunctaon w~th the total reqmred number of trees 18. Page 1 of 2 SECTION 2 The City's official zoning map ~s amended to show the change in zoning &strict classfficatlon SECTION 3 If any provision of this ordinance or the application thereof to any person or mrcumstance is held invalid by any court, such invalidity shall not affect the vahdlty of other provisions or apphcatlons, and to ti'ns end the provisions of tbas ordinance are severable SECTION 4 Any person violating any provision o f tlus ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision ofthts ordinance is violated shall constitute a separate and distinct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twine m the Denton Record-Chromcle, a dmly newspaper published in the City of Denton, Texas, wltlun ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~TY,By -~CITY ATTORNEY Page 2 of 2 Brtn,I '~ll that. ce[tn, , lot, tract, o[ parcel of land ~ttuatod tn the M.I P. and P.R.R. Compatly ~ucvey, ~h~LrncL k.mbe= ~473. ~n the City and County o: Denton~ r,,xa~, be~nq part ol thnt cee:sin (cat,ed) 53.7 ac=e ~r.~': o~ land convey~,l by deed E~om B. D. Fox Bart ~ cecord~d in Vol,.n 108, Pag~ 149, Doed Records D-nLon County, Texas, and being part oE that cec~atn p~ccol o[ land desc[ibed tn t~o tra~ta and conveyed by d~,ed [rom Behest P. S~eatman and Sw. atman to Stev- gotnt and Floyd Vest, recoEded ~n Vo]umo 17~4, page 591, Real Pcoperty Records of Denton Cn.nty, Tcxag, and being mo~e pa~t],ular]y roi OEGINN~NG at a point [)~ co~ner in Iud a Lane, a publ.c ~ondway, and in the no,th ~ine of ,,~,1 ~a~r Trac., said p~gt being the noEtheast come: of ~cact ~ cE sa.d %ount Parcel, said point being also the no theasL chine: of said Oar~ TUFNCE S 0~'19'00" W, pass at 35.26 feet an iron :od found ~OE south line of said Lane, a total dist,ln~e R,1~.6~ fe.t to an ~on rod set for co:nec, said point l,,,~n~ in the east line of Bella~ce Heights Add[tJo~ ~h~e Five, an addition to the City of Denton, Texas, ~,,~rd[ng to the p~at thereof ~ecord.d In Cabtnet D, r,~ 284, Plat Records oE Denton County, Texas; TIIFNCE N 87'40'50" W, 185.54 feet to an iron rod set TIlFNCE N 0~'20'42" E, 693.28 fe~t to a point for cocner ~n g~[d Lane and in said north line of said Bar: T:act; TIIENCE S 8~e14'10' E, ~85.2~ feet with said north line of ~,~id Bdr~ T~act and with said Lane to the PLACE OF BEGSNN~NG and contaiDlng 2.940 ac~es of land. 20 21. Agenda No_ ~./__"-O0/... _ AGENDA INFORMATION SHEET Agenda item~ Date i/~ / 0 / ~ AGENDA DATE: January 2, 2001 DEPARTMENT' Planning Depm:hnent C~CM/ACM' David Hill, 349-8314 SUBJECT - ZP-00~016 The Ruehle Office Zoning Plan Hold a public heanng and consider adoption of an ordinance appromng a Zomng Plan to rezone 1 954 acres from an Agricultural (A) zomng dismct to an Office (O) zomng dlsmct The property is located between Helm Street and Teasley Lane approximately 1,400 feet south of Bent Oaks Drive Office development is proposed The Planmng and Zoning Commission recommends approval (7-0) with conditions BACKGROUND The applicant la requesting an Office (O) zoning &strict and intends to convert the existing slngle-famdy residence into a dental office ~' The subject property is located m an Agnculture (A) zoning d~stnct and is currently being used as a single-family residence ~' The Denton Plan identifies this area as an "Emstlng Nelghborhoods/Infill Compatibility" zone A dental office is proposed The proposed uses are compatible with The Denton Plan ~ Thirty-three (33) property owners have been notffied As of December 20, 2000, slx (6) responses have been received Four (4) m favor and two (2) opposed Approximately 6% of surrounchng property owners are opposed PRIOR ACTION/REVIEW The following is a chronology of ZP-00-016, commonly known as The Ruehle Office Application Date - October 2, 2000 DRC Date(s) - October 12, 2000 P&Z Date(s) -- December 6, 2000 ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development A project plan has been submitted and wall also need to be approved prior to a bmldmg permit being issued FISCAL INFORMATION Development of th~s property will increase the assessed value of the mty, county, and school rhstnct It will reqmre no short-term pubhc nnprovements that are the responslblhty of the city PLANNING AND ZONING RECOMMENDATION The Planmng and Zomng Cormmss~on recommends approval (7-0) with the following conditions 1) Lighting on th~s property shall be designed, installed and maintained so as not to shine onto the adjacent properties Landscaping, grading, and/or fencing shall be used so as to not allow the headlights from automobiles entenng, exiting, or parking to sh~ne onto adjacent propertms 2) To hm~t traffic, the total floor area for the entire site shall not exceed 27,700 square feet 3) A Traffic Impact Anyalysls (TIA) be required ~f overall square footage of structures increases by 5,000 square feet ADDITIONAL INFORMATION 1) Applicant proposes one addit~onal condition llmmng maximum allowable bmldlng to 10,000 square feet OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zomng Commission Report, December 6, 2000, ZP-00-016 2 Planning and Zomng Comrmsslon minutes from December 6, 2000 3 Draft Ordinance Respectfully submitted owell, AICP Director of Planmng and Development Prepared by Make Grace Planner I 2 ATTACHMENT 1 STAFF REPORT Sublect: Ruehle Office .Case Number ZP-00-016 Staff' Mike Grace, Planner I Agenda Date: December 6, 2000 Hold a pubhc heanng and consider making a recommendabon to the C~ty Counml concerning the rezomng of 1 954 acres from an Agriculture (A) zomng dlstnct to an Office (O) zoning d~strlct Dental office use ~s proposed ] I ' I l-,F/ r ~,Jllllllllll I~ LOCATION MAP Location: The property is located between Helm Street and Teasley Lane north of Ryan Road Size: 1 954 acres C V~ly DocumentsTroJects~onlng~ O0/~6 ~ Ruehl~. Oftlce)\PaZ STAFF REPORT (RUEHLE) doc Applicant' Allen Bussell Owner Dr & Mrs Patrick Ruehle S E N T. Corp t010 N Elm, Suite C 1621 Amanda Court Denton, TX, 76201 Ponder, TX 76259 SUMMARY The developer is requesting an Office (O) zoning distr~ct classification for this 1 954 acre property 3ental office use ~s proposed The office would be located ~n a s~ngle-famlly structure of about 2,500 square feet The Denton Plan shows this area to be in an Ex~st~ng Res~dent~al/Infill Compatib~hty Land Use Classification W~thln established residential areas, new development should respond to ex~st~ng development with compatible land uses, patterns, and design standards The plan recommends that exlsbng neighborhoods w~th~n the city be wgorously protected and preserved Housing that ~s compatible with the existing density, neighborhood service, and commercial land uses are allowed The use described in the Zomng Plan is consistent with the Denton Plan Transportation A Trip generation As proposed the, development would generate approximately 100 tnps per day A Traffic Impact Analysis (TIA) Is not required ATIAwould be reqmred when/ffoffice space exceeds 25,000 sq ft on the property B Access Th~s project has access to Helm Street on the west and Teasley Lane on the east C Road Capamty Helm ~s a private street There are no recent traffic counts for Helm Street Teasley is,identified as a primary major arterial road bythe 1999 Denton Mobility Plan Th~s road is designed to be a six (6) lane divided street without parking, prowdmg s~x (6) lanes of through traffic As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tr~ps per day Teasley ~s currently constructed with four (4) lanes w]thout parking The most recent traffic count (1996) for Teasley indicates that there ~s adequate capacity to handle the calculated trips that could be generated by the proposed development There are currently 6400 annual average dally trips on this arterial D Pedestrian Linkages S~dewalks along all public streets are required C \Ny Docurnents\ProJects~onlng~ 00 :[6 ('The Ruehl~ Office)\P&Z STAFF REPOI~T (RUEHLE) doc 2. Utilities Water' a) Th~s site has access to ex,sting water lines Wastewater: a) Property Is and shall continue to be served by a private aerobic sewer system 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to city standards Less than 2 acres of area are draining into or out of th~s property A Direcbon of flow exhibit has been prowded on the zoning plan Flow from this property ~s predom~nately to the east ~nto State Rd FM 2181 (Teasley Lane) The developer has ~ndlcated the method bywh~chthe run-offwill be carned across the property or stored on the property 4 Signs One standalone sign may be built on th~s s~te SIgnage is not to exceed 40 sq ft for monument type and 12 sq ft for other types Height ~s not to exceed 6 feet for monument type and 10 feet forothertypes Signagestyleshallbecompabbletoexlstlngamh~tecture S~gnagemaybel~ghted ~nternally or externally 5. Off-Street Parking All new development must meet the ordinance requirements for off-street parking 6. Landscaping This property w~ll have to comply w~th the new Landscape Code, which reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas This non-residential development w~ll not be reqmred to participate in the development of pubhc recreational areas 8 Lighting Lighting on this property shall be designed and installed so as not to sh~ne onto the adjacent properties. Landscaping, grading, and/or fencing shall be used so as to not allow the headhghts from automobiles entering, ex~ting, or parking to shine onto adJacent properties 9 Environmental Quahty Impacts No adverse enwronmental impacts are anticipated C \Hy Documents\ProJeds~Zoning~Z 00 1.6 CThe Ruehle Olfice)\P&Z STAFF RF..PORT (RUEHLE) doc October 7, 1975 -The subject property was placed ~n the Agriculture (A) zoning d~stnct and land use classification by Ordinance 75-31 (see Enclosure 2) The subject property IS not platted and would need to be platted prior to any development Nobce of the zomng request was pubhshed ~n the Denton Record-Chromcle on November 25, 2000 Seventeen (17) property owners within two hundred feet were ma~led legal notices and Thirty-three (33) residents within five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 3) As ofth~s wnbng, there have been two (2) responses (see Enclosure 4) One response was ~n favor and two opposed As mentioned above, the proposed use ~s compatible w~th The Denton Plan and utilizes design elements comparable to the surrounding area The ex~st~ng house ~s proposed to be utilized for a dental office As proposed, trafficwill be minimal Once rezoned, the potenbal exists to e~ther expand the ex~st~ng structure or build new structures To ensure that the ex~stmg transportation network ~s not burdened by additional development on the s~te, future expansion should be I~m~ted Staff recommends approval of ZP-00-016 with the following conditions 1) L~ghtlng on this property shall be designed and installed so as not to shine onto the adjacent properties Landscaping, grading, and/or fencing shall be used so as to not allow the headlights from automobiles entering, ex~bng, or parking to sh~ne onto adjacent properties 2) To limit traffic, the total floor area for the enbre s~te shall not exceed 27,700 square feet I move to recommend approval of ZP-00-016 with the following conditions 1) Lighting on th~s property shall be designed and installed so as not to shine onto the adjacent properties Landscaping, gred~ng, and/or fencing shall be used so as to not allow the headlights from automobiles entenng, ex,ting, or parking to sh~ne onto adjacent properties 2) To hm~t traffic, the total floor area for the entire site shall not exceed 27,700 square feet C \Ny Documents\ProJects~.onlng~. 00 3.6 (The Ruehle Off, ce)\P&Z STAFF REPORT (RUEHLE) doc 1 Recommend approval as submRted 2 Recommend approval w~th condibons 3 Recommend denial 4 Postpone consideration 5 Table item 1 Zoning Plan 2 Zoning Map 3 200'-500' Notification Map 4 Property Owner Responses (3) C \My Documents\ProJects~Zonlng~Z O0 1.6 (The Ruehl~ O~ce)\PS~- STAFF REPORT (RUEHLE) doc 7 ~ ENCLOSURE 2 I A NORTH ZP-00-016 (Ruehle Office) ZONING MAP Agenda Date' December 6, 2000 Scale' None 9 ENCLOSURE 3 ' NORTH ZP-00-16 (Ruehle Office) NOTIFICATION MAP Agenda Date: December 6, 2000 Scale' None 10. nt by. CLASSIC CORRUeATED 1' ENCLOSURE 4 t30/00 12'01, ./etF~L#782,Page 1/1 NOTICE OF PUBLIC HEARIN ZP-00.16 The Planning and Zoning Comm~ssmn of the C~ty of Denton ~11 hold a public hearing on Wednesday, December 6, 2000, to consider rezomng I e5¢ acres located between Helm Street and Teasley Lane north of Ryan Road from an Agriculture (A) zoning district to an Office (O) zoning district (see map on other side} The property is located in the Cl~ of Denton. Denton County, Texas Office development Is proposed The public hearing will start at 6.00 p m in the City Council Chambers of City Hall located at 216 E McKlnney Street, Denton, Texas Because you own property wrlhln two hundred (200) feet of the subject properly, the Planning and Zoning Commission would Id, e to hear how you feel about th~s zoning change request and Invites you to attend the public heanng Please, In order for your opmmn to be taken Into account, return this form with your comments prior to the date of the pubhc hearing (This in no way proh~bit$ you from attending end parbclpatlng in the public hearing ) You may fax it to the number located at the bottom, mall It to .the address below, or drop it off m-person Planning and Development Department 221 N. Elm 8T Denton, Texas 76201 Attn Mike Grace, Planner I The zoning process includes two public heanngs designed to provide opportunities for cibzen involvement and comment Pdor to the public hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of this notice The first pubtlc hearing Is held before the Planning and Zoning Commission The Commission is informed of the percent of responses In support and In oppos;bon Second, tho zoning pet~tion Is forwarded t~ the City Council for final action providing the Commission recommends approval Should the Comrnisslort recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forets are used to calGuleto the percentage of landowner opposition Please ¢lrcta one. Neutral to request Opposed to request Mailing Address...~ Cit3/,~,taJe Zip ~~~ Telephone Number Ph~l Address of Propa~ within 200 feet CITY OF DENTON, TEXAS crrYHALLWEST · DENTON, TEXAS 7e201 · 940.34983,50 F~.,'~rno I NOT'I'CE OF PUBL3:¢ HEARI'N ZP -0 0 -16 The Plannlng and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, December 6, 2000, to consider rezoning 1 g54 acres located between Helm Street and Teasley Lane north of Ryan Road from an Agriculture (A) zoning d~strict to an Office (O) zoning d~strlct (see map on other side) The property Is located In the C~ty of Denton, Denton County, Texas Office development is proposed The public heating w~ll start at 6 00 p m in the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the pub/iD heanng Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the pubhc hearing (This m no wayprohlblts you from attending end participating In the public hearing ) You may fax It to the number located at the bottom, ma~l It to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Mike Grace, Planner I The zoning process includes two public heanngs designed to provide opportunities for citizen Involvement and comment Prior to the public I~earings, landowners w~thln two hundred (200) feet of the subject property are notified of the zonlng request by way of th~s notice The first public hearing ~s held before the Planning and Zoning Commission The Commission is ~nformed of the percent of responses In support and In opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of mom than twenty (20) percent of the land area wlthln two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle on~ In fa;or of request . Neutr:l..to request Comments, ~'~'/c .-- ,,~,~/~' ~ Ptinted N -- - C ' / ..... Mailing Address 2 City, State ZIp ,,~.~A,,'--~'7~.xt,,,' .. ~ Telephone Number:~) ~",-'5~,.~'..-~ Physical Address of Property within 200 feet, CITY OF DENTON, TEXAS C~TY H-ALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Fllenarne 3.2. NOTTCE OF PUBL'r¢ HEARTN ZP-00-16 The Planning and Zoning Commission of the C~ty of Denton wdl hold a public hearing on Wednesday, December 6, 2000, to consider rezonlng I 954 acres located between Helm Street and Teasley Lane north of Ryan Road from an Agriculture (A) zoning d~stnct to an Office (O) zoning dlstdct (see map on other side) The property Is located in the C~ty of Denton, Denton County, Texas Office development Is proposed The public hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Because you own properly w~th/n two hundred (200) feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the pubhc heanng Please, in order for your oplmon to be taken Into account, return this form with your comments prior to the date of the pubhc heanng (This in no wayprohlb~ts you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop It off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn, Mike Grace, Planner 1 The zoning process ~ncludes two public hearings designed to prowde opportunities for c~t~zen Involvement and comment Pnor to the public heanngs, landowners withln two hundred (200) feet of the subject property are not~fied of the zoning request by way of this notice The first public hearing ~s held before the Planning and Zomng Commlss~on The Commlsslon Is reformed of the percent responses in support and in opposition Second, the zoning pebtlon Is forwarded to the City Councd for final action provldlng the Commlsslon recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submlt written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposttlon~ Please circle one. In favor of request Neutral to request Oppos,d to request Comments' .. , Prlnted Name Mailing Address Telephone Number Physl~l Address of Prope~y within 200 feet ClTY OF DENTON, TEXAS ClTYJ-IALLWEST · DENTON, TEXAS 70201 · 9403498350 · (F)9403497707 Fllename ATTACHMENT 2 Page ]47 I park or thc neighborhood :2 , school that Is also down the street And 3 w~thtn thc same area of ampaet for the 4 ~tween the D~nton Housm 5 ~ elementary school 6 ve~ good 7 adcLtuonal ~ Hudson? So find ~t 9 MS or th~ l0 slto I n that thc hghhng 11 meets the standards as 12 ',~cU as the condition that s w~U have a 13 20-foot maxlmtml tartar 14 ,',in MCNEILL k you 15 Commissioners 16 17 '.IS I m ready to move 18 MS Apple, 19 ~,PPLE I move to recommend 20 ,y Ms 2] MiL MC'NEILL IS th¢~ n second? MS HOLT second ~.m MCNEILL It'S been moved and s~coaded An) discussion? Vote please on the board 25 Wdbams m not voting The motion passes 6 0 Page 148 I Comimssmn~s, do we need a fiv~-imnut¢ break9 2 Yes Okay Let'stakeafivenmnutebmak 3 (BREAK 4 ,,IK MCN~ILL rll xeconvene the Planmng & 5 Zoning Commission after our elongated five-minute reces~ 6 ,knd I behave our next item is Item 13 and that's gmng 7 to be brought by Mr Grace So I'll let you bnng us a 8 staff report 9 ~ ORACE oood evening, Comimssloners 10 Ton~ht we have befor~ us a zoning plan for tbe Ruehle 11 office T'ms propenly ~s located on Teasle~' Lane between 12 Teasky and Helm Streets, as you can se~ here on the 13 ovexhead I have one contct]on to make regarding the 14 pubhc not,ce m your backup There needs to be a 15 correct]on 'l'herewasatotalofslxxesponses There 16 ~:re four m favor and two opposed 17 The apphcant Is xequastmg a cban8~ m zomng 18 en 1.95 acres from the current zoning of Agriculture to 19 Office zomng Dental office use is proposed for the 20 site And as I stated before, the property is 1 954 21 acres The proposed use is m an area designated by the 22 Denton Plan as an exlsang residential mfill wth 23 compat]b,htylanduscai'~a Thc proposed usc ls 24 compat]blc vnth th~ Denton Plan A h'affic impact :25 analysis, a 'HA, is n0t t~XlUUed but vall be t'eqim~ encc '"ECBMBBR 6, 2000 Page 145 CondenseItTM Page 149 Pa§c 151 I office space exceeds 25,000 square fcct Th~ proposed I Mit MC'NEiLL okay Addnlonal questions for 2 building size, I beh~ve, is 2,500 squaro f~t at th~s 2 thc apphcant? Comansslon~r Holt 3 t~me And the bmlthng is existing currcndy 3 Ms HOLT IS thoro any plan for any farther 4 Staff recommends approval with the following 4 cxpanston? $ coothtzoos number one, lighting on this property shall 5 MR. BU$S£LL No, not right now I wanted to 6 bo dcstgncd and installed so as not to shine onto thc 6 make sure - they necfied tu get in tho office as soon as 7 adjacent propcritcs, landscaping, grading, and/or fencing ? possible but I also wanled to make sure that as my clients g shall bc used So as not to allow the headhghts from g that I protacted them hing-tcrm wise And wc do ha~e 9 automobll~ entering, cxttmg, or parking to shine onto 9 frontage on Helm and Tcaslcy so I wanted to ensure that m 10 adjacent propcrlic~ conthuon tv, o to limit traffic the I 0 the future, ten, 20 years from now, they could expand I 1 total ale. a, for the entlr~ site shall not exceed 27,700 11 Ms OOURDIE t did have another question I 12 square feet I behove thc apphcant, Allen Bussell, is 12 apologize for that 13 available for any qucatloas 13 MR MCNEILL That*s all right Commissioner 14 MR MCNEtLI~ Co~lnussloncr$, do you have an) 14 Oourd~c 15 qu~t~oas forstaffbeforothcapphcantspcaks? Okay I 15 Ms C, OURDIE willthoybnhavmgaturnlanc 16 wifi open the pubhc b~l'mg then and ask if the apphcan, 16 mtn thc property, a right-hand or - 17 or apphcant's roprcsentatr,'c is present 17 MR. BUSSELL At this tlnle, w~*ve done thc 18 MR. ISUSSEI~. My name ts Allen Busscll I'm 1 $ traffic stuthes and I worked with Dave Salmon on th~s or 19 employed with Survcy~s and Engineers of North Texas, 1621 19 the ]~nglnecrm~ D~arh'llcnt on fillS, with the cnlTcnt 20 Amanda Court, Ponder I'm representing Dr Ruehle nad his 20 square footage, no Thay'rc not going to generate 21 wife on this pro. lent An interesting site, the site 21 anywhcrc close to thc amount of trtps that would require 22 cun'~ntly has an existing home thoro which was the right 22 that If they do, I have it in the zomng plan, if they 23 stzc and the right hicat~on for the Doctor ~o move his 23 go over 6,000 square fcct ~hat that will have to be looked 24 office mtn He needs some breathing space He's running 24 at 25 out of space It's a very good location, and 25 MS OOUSOIE SO will the parking be avafiable P~¢ 150 Page 152 I architecturally it's beautiful and it's easy to convert I m front of the home or is moro pushed towards tho back? 2 over to a dentist's office 2 MS nUSSELC ~ me show you We're working 3 You have all the mforma~on I beh~ve tn your 3 on a project plan now h's been submRied to thc City 4 hackup I try to be as thorongh as I can and I don't hax¢ 4 hadn't b~n approve, but I have -- 5 any problems with an) of the staff recommendations for 5 MS OOURDIF.. I m just concerned because I 6 approval I am hcrc to ansv~r any qucsttons that you ~y 6 know how fast everyone drives past that house As ~ou can ? have 7 tell, I didn't know which one it was 8 MR MCNEILL ComurlSSlOnCr OotU'dle has a 8 MR. BUSSELL Tills IS prohmmary Actually 9 question 9 It's real close to what you'll soo It has been 10 MS OOURDIIL I do ]lave a c!ucStlOn I don't 10 subantled, hha I said, as a project plan to thc City but 11 know which propcrty this v,'as Whcn you go down Tcas!cy, 11 hasootbecn--wchaven'thadaOR¢On~t Ohay7 Bu~wc 12 you know, you're ~ tO keep with the flow of traffic 12 are puRmg parking In the back and gct~ng all thc 13 so I wasn't able lo sc~ what wa're talking about Could 13 traffic away from Tcaslcy so n shouldn't create any 14 you tell me what piece of property it Is, the existing 14 congestion nghi ~ at ~ Intersection 15 bufithng? 15 Ms OOURDI~. okay Thank you 16 MR BUSSELL It's a farm stylehousc 16 MR BUSSELL YC~, ma'am 17 MS OOURDtE. is ~t the white one that looks 17 MS MC'NEILL The hght grecn- my ptcturo ~s 18 hkc - 18 so small I can't road it My glasses arc *- that's thc Ii) MR. BUSSELL It's really p~ctty Ii) office, that's thc cxtsttng butkhng where ~t's the 20 MS OOURDt~ yeah, it's goz'gcous Okay~ It 20 office 21 looks r~ally good at Chnsimas, too 21 MR- BUSSELL This IS the existing home riehl 22 MR- BUSSELL~ very rocc landscapms right 22 haro that vail bc changed Into an office 23 there 23 MR- M~tLL I behove staff saul that that's 24 MS OOUSDIE okay Tha~k you '"Now l know 24 25,000squarofect i25 where wa'm at 25 MS. aUSS~U, NO, 2,500 ~ PLANNING AND ZONING COIvtMIS--~5' IECE1VIBER 6, 2000 Page 149 - Page 152 CondonsoItTM Pago 153 Page 15~ 3 M~. Men,Itc I thought I'd m~ssed somal~ng 3 MR M~E[LL [ ask~ If th~ was anybod) 4 when I ~ov~ do~ T~slcy 4 ~h 6 MaM~ILL Alln~t ~ank)ou ~ 6 latc 7 ~ addmo~l qu~i~ons for ~e apphcan~ 7 MR M~EILL okay Fmc Co~ls$1on~ 8 Co~sslon~s? ~l n~t ~ you ~ much 8 10 ~ M~mL Is th~ anyone ehe m ~ 10 conc~ ~s hmmng ~e a n~ braiding let's say 11 audi~nc~ who would hke to ad.ss ~ls tssue9 ~yone 11 d~de ~y want~ to add to ~t a 27,000 squa~ foot 12 els~ m ~ au&~nce who would hko to ad~ ~ ~ssue? 12 braiding som~h~ on ~ prop~ that's going to ~ 13 ~m~ fo~ and pl~se s~te yo~ n~e a~ yo~ ad~s 13 chang~ ff down th~ road ~s d~sn't work and someone 14 M~ R~ o~d ~enmg M) n~ ~s Pat 14 com~s m and d~ld~ ~at ~y want to use th~s p~e of 15 Ruohl~ I'magengald~nOst Myoffic~c~fly~sat 15 pmp~forano~gpoint 16 1010 No~ E~ m ~nton I ~ou~t I'd j~t bnng scm* 16 l'm just a hal~ concgn~, ~kmg what is a 17 p~c~ and show what ~e ho~ l~ks ~ n~t now so 17 ~ldentml f~l and som~ne may~ m ~e fu~ ~a~mg 18 ~t ~* ~ss~ongs am cl~r on w~t o~ m~nt ~s 18 ~11, I would mthg put a 27,000 sq~m f~t budding 19 We have spent approxm~ately ~ 1~ ~ 19 ~ and demolish that home I'm conc~ for ~e 20 ~rs ~ng ~ c~te an office oppo~m~ ~t ~as 20 ms,dents I'm con~ for what could happen do~ a thc 21 exaoflywhat~shous~a~dy~s We~w~ok~wl~ 21 road AndI'mjustwondgmgis~an~y~at~ecan 22 ~ n~l~bo~ on el~g side at len~ to make s~ ~t 22 ~ke ~s floor ~ l~s to pmt~t ~o ne~borhood~ 23 ~ ~ co~omble And ~e n~l~bors on bo~ s~d~ 23 ~at a~ ~ n~i~bors ~at am around ~t ~n cas* 24 ~ complexly m compUan~ w~ what ~e'm do~ I'w 24 some~ng ~ to happen? 25 ass~ ~ ~t we d~ to m~e no c~n~ ~ 25 ~o~c~ I would ~lne ~t ~s a Page 154 Page 156 hous~ ~y 1 condl~on ~at cou~ ~ add~ but I also ~n~ W point 2 W~ ~nt m add ~ p~hng m ~ b~k, 2 out ~at on ~ ~mng plan, some of ~* condlnons 3 obwously ~d ~'m going to c~ng~ ~ hack el~at~on 3 ~mm ~at any ~pansmn or any c~nge m d~lgn be 4 so ~at ~t mom closely ~mlcs what ~ ~nt ~dy is, 4 compatible ~ ~ s~o~dmg n~l~borh~ 5 ~ fmnt of ~ home ~ebaok of ~e ho~ as ~t 5 MS ~UaOt~ I ~S w~t I'm ~ing to get 6 ~s~ n~t now ~s mla~wly plam and so ~'~ going W 6 out ~s ~at you're gmng from a 2,500 square f~t bore to 7 make s~ ~h~al c~n~ hack ~ ~ ~t ~ 7 a 27,000 square foot braiding Ewn ~ou~ it m~t ~ as 8 hack 1~ as g~ as ~c ~nt d~ O~ ~ ~t, ~ 8 p~ ~s what's ~c, it's still you'~ mulupl~ng ~t 9 hope to ~c no cha~g~ to ~ p~p~ x~ha~x~ ~ b~, what, 100 p~ccnt ~at's a lot of bullthng all of a 10 Wc~nttomain~mor~proxca~ 10 sudden So l don't know Mayb~I'mjust-- 11 landscaping ~t's ~ Wc'~ ~lnS, x~'vc ~ ork~ v~ 11 ~ REICHH~T Rl~t now und~ ~c Int~m 12 ha~ ~ ~ and o~ m~b~s on ~ ~1 12 ~latmns ~ s~ll ~s to bo a pmj~t plan which 13 s~f ~ ~ ~ ~ny of ~c ~ as ~ c~ ~ 13 would ~ ~ and appro~ by C~ ~uncsl and ~c 14 ~at's w~t I've ~ WI~ ~ c~ m ~ or, cc f~ 14 a~l component of ~at would also have to be 15 ~ y~s u~ucc~s~y to ~s point 15 16 x~ M~ILL ~SSlOn~S, do yo~ baxe 16 But qm~ hon~tty, ff ~s prop~ ~ to 17 qu~tmnsfor~capphcan~ V~g~ ~youv~ 17 8~on~toOfficc,~co~dd~ohsh~at~lstmg 18 much 18 building I m~n, ~'m l~ng at d~ ~t m~c sense to 19 b~ R~HL~ T~k ~OU 19 haw an o~cc In ~s ~c and ~'vc ~vcn 21 au~cc who ~ ~ ~ ad~s ~ ts~c? ~)~nc ~o 21 ~d, a~ln, you ~ow, ~'~ hoping ia 22 in ~ nuance? I ~ clos~ ~ pubhc ~ ~d ask 22 ~t ~c n~ ~Iopm~t ~c wo~d ~c aff~t and ~ 23 s~ffif ~ ~w any cl~ co~ 23 ~ ~c~al ~tdcbn~, so--hat, and s~m d~gn [4 b~ o~ s~ff h~ no ~ c~t 24 con~o~ and ~osc ~c of s~nda~s ~t would apply ~ ~5 ~ bill ~ ~t ~$sl0n~ -- 25 any ~ S~ d~ of ~s pmj~t ~ PLA~G A~ ZO~O CO~SF .... ~CE~ER 6, 2000 Page 153 - Page 156 16 CondenseltTM Page 157 P,tgc 159 I MS OOUR~I~. well, let mc ask you thls then 1 could be required right up front 2 In the prospecUvo on LiIhan Ivhll~r we have qmto a bit 2 Now, from what I understand, they'll come m 3 of different offices that have been based off-- esch eno 3 vnth thc project plan that's just go~ng to show thc 4 has kind of nunucked gt~ n~xt one For a two-acm st~ 4 cx~stmg structures And so undo: th~ existing - If that $ what is thc - what hey* wa usually l'~commended tn office 5 ns what they bnng In, then there v, ould not ha turn lanes 6 space on a 1 94 or let's june soy two-acm offiea spacn 6 requtred for just that But if tho bang m a project 7 usage on that amount of land? I'm just u'lnng to -- 7 plan that shows s~gmficuntly mom floor space than Ih~. 8 making sm wa're sull tn compatlblhly of what w~'va 8 exmmg structure, then v,~'ll have to n~qmre those turn 9 been doing for offices 9 lanes 10 sm. lmtcH:-t~l ?he 2,700 squnre foot -- 10 When they plat the property, tho mtun'ements 11 27,000 square foot came into effect, winch would kick tn a 11 for pubh¢ miprovemcms wdl be commcnsuratn with xx h ,~.x~.r 12 'nA, traffic nupact analysis I,,~oulduungineinthaoew 12 zomngandprojectplantheycun'~nll>havcappros~.d So 13 Code, they could - I mean qmte honestly, they could 13 if they plat and they just show a small mount of floor 14 develop - I don't recall, it would bo a two to one floor 14 space, they probably won't ha,,e to put those tn Bul Ihcn 15 area ratio It's just going to depend on tho final zoning 15 later on, tf they coine in with a new project plan and xx ant 16 class~ficaUoo that it 8~ta 16 it approved for a larger budding then va:'re going to 17 MS ~otmotr. t m just trying to think of 17 have to work on those 18 let's soy Southndge Oaks winch has -- It's five acres and 18 MS oou~om 'thank you 19 they put on e~ht piec~ of property, maxed out at I think 19 Ma. McNsn.c commassiooer Wdhams 20 was it 6,000 square foot per bmldmg floor ratio 20 ~a. WILUAMS Yes I gu, ess I bava a question 21 MRREICHHART okay That would ba -- I 21 forthaattomey Could wo rezone this for dental officc :'2 mean, 27,000 would ha a lot of building on th,s site I 22 only? 23 mean, that would be an ~-xlraordinary amount of devolopmunt 23 ~s PAt. UMao I m son) what did l, ou sar 24 forthiapropeny 24 Oh for dcnt,,l office only Tbe way to do that would hax e 2,5 MS oommm okay I guess -- ho said that 2!; been to use thc spectal usc panini process Mayha that s Page 158 Page 160 1 25,000 - I m zon~, Mr Orate, you said 25,000 makes tho I a quosUon for staff why thay chose office instead 2 Iraffic impact analys~s come into -- 2 ~ aatctmAaT wa have approved other zomngs 3 ivia. oaAcff. Right. 3 withahstofp~nmttcduses Andlfyouwantedtoputa 4 M$OOLrRDIIL Rtg. ht Okay And just out of 4 re~tnction that this would only be used for a dental 5 CUrIOSIty, why do wa do tl~s? We know Teasloy Lane is 5 office, you could do that Qml~ ~nestly, I beh~vc when 6 going to ha a miserable place to drive on It just seems 6 thc new Code is adopted, wa're going to rezone the cnt~r~ 7 as though we already know I1~ future and even to impact tt 7 City including thts parcel, wdl get razo~xt again in 8 with th~s proI~y, w~ already know it's going to have -- 8 March, and that resmction, I bcbe~c, would go away It 9 I just kind of find it humorous that w~'ro askrog to do 9 would get a unw zoning classfficaaon to be conmlensurat~ 10 these analysis when xsc know Tcaslcy Lana is having a hard 10 with what wc arc proposmg for tl~ cntn-c Chty 11 tlmoexistmg 11 Ma.WILLIAMS okay Somoth~words, a's 12 [vis. oi~.ea, vav~d Salmon may coUld speak to 12 mute at this pome tn time? 13 that a httlo blt bett~r 13 MI~ REICHHART Yes 14 MI~ SALMON ~ha ~ffie lmpact unalysis 14 Ma. WILLIAMS okay 15 aren't to dc~nunc wktber tho road is going to -- we 1 ~ MR MCI,/[~tLL Colmmssiocer ~Ior~o0 16 know that Teaslcy Lune ts gomg to full unless tt's 16 I,,m. MOR~t> Ym I'm~ondermgffths 17 widened Tho purpos~ of fl~ T~. ls to det~'mlnc If und 17 Commission bas tho thscmtion to raduc¢ or lessen thc 18 when th~s development would be mtutred to participate in 18 total floor area that's been recorrm:unded by staff And ff 19 unprovea~nis So ~t's a tool for staff to uso to 19 the Conumssion has that discretton, what nnght a 20 dctcrrmna wl~hta' we n~l a turn lane or signal 20 reasonable number be? 21 part4clpatton of somcllang of that natu~ 21 MS ORAC~. t bebevc thc Cornrn~sion bas that 22 Thc other thing I would hka to munnon is 22 discretion It would haw to ha a condiUon of tt~ zoning 22t that, I mcan, again, asp*re,rig that this zoning woUld ha 2~ plan ~4 approved and not knowing at elm point wlgt tho project 24 sac MOim~o- t m not undemanding ~5 plan Is going to look like, n is posstbl~ that tom lanes 25 trip. P. mClt:-I~a~? 'that con&uon was put on TI:III PLANNINO AND ZONING CaMM*°°w~'* DECI~IMBItR 6, 2000 Pagc 157 - Page 161~ 17. CondenseltTM Page 161 Page 163 I stnctlyfo~requmnga'nA okay? Our Code requlres I weeverwanttopma27,000squamfeetonthosetx~o 2 thatatrafficunpactanalygtsbeconductedwimny0utre 2 acresntall V, ehavc2,500feat Wem~shtcxpandf~at 3 going to generate mom than 1,000 vehicle trips per day 3 to 3,000 square feat Wa'po just a single person dental 4 And vath cttber a medical office or offiea building, 4 office I would hkc it to not bo restncted to dental 5 there's a number associated with that use that per square 5 only because Iq ts gorgeous We've already had 6 fcot, it's gotng to gencrate ~g amount of traffic Sown 6 photographers say can we take ptcturcs baek there 1 7 worked tt backwards, bastcally, and said once they h~t 7 mean, It's e gol,~goe.s piece of property and photography 8 that number, they would need a TIA And that's the only 8 would be beauuful hack the~ We've had several people 9 re. on that condition 15 on there ts just to trigger the 9 say, you knmx I'm an arhst Could I come back tbcr~ and 10 TIA. 10 draw or things hke ~hat 11 MR MORENO ISO I get back to my orlglnui 11 There s no xxay ',x~: want anytinng that b~g on 12 questton, do we have the dtsoretlon to suggest or 12 there, not to sa~ I ~r,~ess, that somebody couldn't in the 13 recomrnend a number smaller than 2?,?00 square feet and 13 future Ifweweretoc~erputsomethmgelseonthen~ 14 what aught be a reasonable number? 14 it mxght be hke 4,000 to $ 000 square foot max, not 15 MR.REICHHART Yes 15 25,000SClUarefect Imean, we'renot©ventalkmgaboul 16 MIS GOURDI~' well, I guess in order to get 16 going them 17 the traffic zmpact analysts, the least we could do is 17 Ms coc'm~tv.. Ws not my intentton to 18 25,000 But that's not -~ 18 questien you I just - my retention ts from a Planmng & 19 MR. REICHHART Betnllt n zolltnll CasO~ you 19 Zoning Comlmistancr standpoint, I'm sorry, I just learned 20 probably have the dtscretton to pick any number, qutte 20 from cxpenence -- 21 honestly I mean, if you thought traffic was an ~ssue, 21 MS lt~_'~, t mean, I Just don't want to 22 you could requu'c a TIA nght now If you thought that 22 scare the neighbors I mean, that's not thc intent al 23 traffic -- 23 all I mean, x',~ ',','ant to preserve all those trees back m 24 MR. MORENO well, that could ha an addittonal 24 thc hank and you couldn't dn that if you put that much 25 condition 25 braiding on it Page 162 Page 164 I ~ R~IC~I~,RT' mght If you thought the I lyre. ~','~tLC. Thank you 2 h'affic generated from this office building was going to 2 Ms RuIm[.l!. Thanks 3 be - needed a traffic impact analysis to mlttgato tumtng 3 MR. M~,'l~tl~t.. I think Commtssieacr Apple has a 4 this to a dentist's office,, you could rcqmre the 4 question $ apphcant to do that right now 5 Ms AP~I.£ t didn't have a question so much 6 ~l, toRn~o ccoldw~reqmre~haappllcantto 6 asacomment IjustwantedtosaythatI'mvcryhappy '/ lmua~c a lraffic impact study In thc event of any 7 for you-all geeing thru building I've always thought 8 expansion? 8 that that was one of tl~ most visually appealing homes m 9 ~ R,~CHHART YOU could put that requirement 9 all of Denton h s an extremely beautiful home and I 10 on ~ 10 think a dentist olfic¢ Is going to be a great use for 11 .xLv. circa. That could bo a ccodtt:ea added to 11 ~t And I weald hlle to atlempt a motion if there's no 12 thc zomng I behove the apphcaat would bke to speak 12 other -- 13 Im~n, tbepropertyowncr I'msorry 13 MS.~C~ILL ts there any additteaal 14 Ms RUI!HLll. Hi PamRuehle, Pat'swlfe We 14 discussienhafore~vcgoforamotten? Does staff have nny 15 hvc at 4404 Argyle Lane tn Denton This ~s g~ing 15 final clealng conlmca~? 16 turned arotmd I tinnk a httle blt asd I gueas tt could go 16 MS. O~AC~ l~o 17 back to v, hatn could poss~ly be at some t~mc, but just 17 ~4~.. lvia','~tLL ~ need to close the pubha 18 to make our iulenticos real clear, tb~ reasea W~ want this 18 heanng So is there any eddittanal comments from the 19 propen~ and wc haven't picked all those otbor propcrflea 19 audience c~ther pm or con? Heanng none, I'll close the 20 down the $txcct is because v~ very much want a home-type 20 pubha heanng and let staff g~ve us some closing 21 setting We want -- this property is a gorgeous piece of 21 conmlcnt5 Alld then I'll l~ognlzo Commissioner Apple 22 propcr~y with very, vct~ hul~ t~ecs, eapeolally in the 22 lyre. ORAC~ Sufff has no further cerement 23 back I know you can't sea that from tl~ streat, Butit 23 I~4R. MC~,'r:n.L ?hank you vet2t much 24 has man) 30-inch, 2Y4nah really ~ ~tn tho hank 24 Conmusstoner Apple 25 That is tb~ atmosphe~ that w~ want There is no way that 25 Ms Al?l.~. t m gou~ to attempt this and ?I-II~ PLANNING AND ZONING COMM~e~r~x~ DECBMBER 6, 9-000 Pago 161 - Page 16~ 18, CondenscItTM Page 165 Page 16~ I somebody stop mo ff -- I'd hke to movo to r~commend I nol the standard hghhng ¢ondumn It $ a httl¢ bit 2 approval of ze GO otis w~th the standard hghtmg contht~on 2 d~fc~nt 3 and the condttton that a traffic tmpact analysts be 3 MS APPLR oh, thank you Tell you what 4 triggered m the event of any cxpanston above 5,000 squaw 4 Lc~ me ri:do my mohon and read, cvcn though we've tnt.d to 5 fest 5 qmt doing that Let me read fins just so that there ar~ 6 MR MC~RtLL DO I hear a second? 6 no quc~nons ? MR RISHEL Second 7 ",IR. MCNEILL GO right ahead 8 MIL MClqEILL It's b~ll nloved and seconded 8 Ms APPLE. I recommend approval of ze GO o16 9 Any discussion'/ Conumssloner Rishal Oh, I'm sony, 9 ,.,nth the follovang coodmoos that lighting on the 10 Cormmssloncr Gourthe was first 10 prop~D shall be designed and mstallod so as not to I 1 Ms GOURDEE. That'S okay I'm appreciative 11 shine onto the adjacent properties -- dea~geed, ms,ailed 12 of what you're doing besause I finnk that's one of the 12 and maintained so as not to shine onto the adjacent 13 most, as Ms Apple said, it's a beautd'ul building The 13 properties landscaping, grading, and/or fencing shall 14 one thing ¥v¢ learned is that you're not zoning for the 14 used so as to not allow the headhghts from automobd~.~ 15 p~son who's purchasing the property You're zoning th~ 15 ca,~:'nng exiting, or parking to slun¢ onto adjacent 16 land And that's my only ¢on¢~'a ts that as good as all 16 properties and condmon 2, to tagger a traffic tmpacl 17 of our mtent~ons are, sometimes thin~ change And so w~ 17 aaa]ys~s should nay expansion occur that is o'~er 5,000 18 have to - I personally have to think about what's going 18 square fast 19 to haplma to the land if things change and that's my whole 19 ',tR RISHEL t still second that 20 purpose for bnngmg fins forward 20 MR MCNE[LL Good Is there any discuss,on 21 Iho~tworksoUtVl~llfory'allandI'm 21 on th~motton? Any dtscussion on the motion? Vot¢onth¢ 22 glad that you're going to make a gte. at use of ~t Thank 22 board, please Morton passes unanunously, 7-0 23 you 23 The next Agenda g~n is to have a report from 24 MR MCNE[LL. commissioner Wflhams 24 th~ fin'~ctor and the first ~t~m he's going to r~ort on ~s 25 MIL WILLIAM8 Yeo I dtdn't mean to queoUon 25 the calendar Page 16fi Page 168 I anyofourfioecltizen'sin~ntormotiveo, butmy I MS.RISHRL MS Vleralswavmgusoff Do 2 concern is the same as Ms Oour&e b~auso if thts had 2 ~t hnd, she says 3 changes hands and somo some guy sitgng m a office 3 MS.MCNEILL 14, tJust checked that I've 4 building in New York Ctty could cam le0s about what fins 4 these and I checked 14 5 looks like now He is loolong at how ho can make a 5 ~ tonight I flunked thc course, didn' 6 profit And If I could sea m the futu~ that t~ same 6 Item · going to hold a pubhc hcann8 7 owners would maintain fins land for the next 200 years, 7 a recommandatton to the ¢ 8 thea I wouldn't have any queottons 8 conccrmng plan to rezone 2 ! ; from 9 MR MCNEILL Commissioner Poshal 9 Agncullure Ms Oaks 10 MS. lusta!c ! would hha to second it, as 10 the - sorry is it? Is 11 wall as I'd hko to make a friendly motien to tho first 11 MS 12 MS.MC~EIU.~ Amendment? 12 th~, Okay 13 MS. RtSat~L Ameadment, hacause it s~ads 13 MS. MCNEILL. If I t know y'all loved mc, 14 lighting on tho property shall be d~tgeod and installed 14 I'd thtok )GU hated me 1 $ so as to not shno onto or into adJacent properUeo And 15 ,,ts 16 I'd like it to read installed and maintained so wo have 16 Commission change 17 somethmg to go back to and if for somo reason, we have 17 rc'q. uest for 2 94 district lo 18 other neighbors that get concerned about that So I'd 18 This ~ 19 hke to ummtam ut after we install ut Would you accept 19 600 feet 20 that as a fneadly motion? 20 away I x ! west of Mockmgh~rd Lane ~r your 21 Ms APl'IR Sure 21 apphcationdo~ nottngger the 22 Ms. RtSWq. Thank you And I would take ~t 22 23 as a seaond 23 The apphcant is proposing a 12-lot 24 Ids. REt¢ItHART I jUSt wanted to l~lnt out one 24 !or siz~ of 7,000 25 thing, especially with that hghtmg conthtlon That ~s 25 proposed density for fins development ~s 4 1 units p~' ~ PLANNING AND ZONING COMMISS~^ .... CEMBER 6, 2000 Page 165 - Page 168 19 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN AND ZONING CHANGE FOR 1 96 ACRES LOCATED WITHIN A AGRICULTURAL (A) ZONING DISTRICT, TO CHANGE TO AN OFFICE (O) DISTRICT,, THE SUBJECT PROPERTY BEING LOCATED BETWEEN HELM STREET AND TEASLEY LANE, APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-016) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Intenm Regulations"), WHEREAS, the Nonresidential hntenm Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, Surveyors & Engineers of North Texas , on behalf of Dr & Mrs Patrick Ruehle apphed for a change in zomng for 1 96 acres of land particularly described in Exhibit "A" attached hereto (the "Property"), fi.om Agricultural (A) zomng dlsmct classification and land use designation to Office (O) zomng dismct classification, along w~th a Zonmg Plan for this property under the Nom:esidentlal Interim Regulations, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on December 6, 2000, the Planmng and Zoning ConLrnlSslon recommended approval of the requested change m zomng and the submitted Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed hereto, meets the requirements of the Nonresidential Interim Regulations and IS consistent w~th the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning d~stnct classification and land use designation of the Property is changed fi.om Agricultural (A) zomng district classification and land use designation to Office (O) zoning district classification and land use designation under the comprehensive zomng ordinance of the C~ty of Denton, Texas The Zomng Plan and said change m zomng are hereby approved, subj eot to the following conditions 1 Lighting on the Property shall be designed and installed so as not to shine onto adjacent properties Landscaping, grading IndOor fencing shall be used so as not to allow the headhghts from automobiles entenng, exiting or parking to shine onto adjacent properties 2 To hmlt traffic, the total floor area for the Property shall not exceed 27,700 square feet 3 A Traffic Impact Analys~s shall be reqmred when the overall square footage of structures increases by 5000 square feet 4 The Property may only be developed m accordance with the Zoning Plan SECTION 2 The C~ty's officml zoning map ~s amended to show the change ~n zomng d~stnct classlficat~on SECTION 3 If any provmons or the apphcatlon thereof to any person or circumstance is held invalid by any court, such anval~chty shall not affect the valld~ty of other provisions or apphcat~ons, and to t!us end the prows~ons oftlus ordinance are severable SECTION 4 Any person wolatlng any prows~on of flus ordinance shall, upon conwctlon, be fined a sum not exceechng $2,000 00 Each day that a prowsmn of thru ordinance ~s wolated shall constatute a separate and d~stmct offense SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of ttus ordinance to be pubhshed twine m the Denton Record Chromcle, official newspaper of the City of Denton, Texas, wltl'nn ten (10) days of the date of ars passage PASSED AND APPROVED fins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERTBy ~//'~L P~TTORNEY/ /~//~ PAGE 2 EXHIBIT , All that certain tract of land s~tuatad ~n the J Fisher Survey Abstract Number 421, Denton County, Texas and being all of the called 0 707 acre Tract 1 and all of the called 1 247 acre Tract 2 described m the deed from Jeffrey A G-uflmecht et ux to Charles N~z~olek et ux recorded m Volume 3155, Page 552 of the Real Property Records of Denton County, Texas, the subject tract being more particularly descn'bed as follows BEGINNINO for the Southeast comer of the tract being described hereto, at a 1/2 tach iron rod found at the Southeast comer of the said 1 247 acre Tract 2 and the Northeast comer of the called 0 555 acre tract described m the deed from Maude Newman to Ken Ballard recorded m Volume 963, Page 953 of the Deed Records of Denton County, Texas on the West right-of-way of F M Highway 2151, THENCE South 65 Degrees 01 Minutes 20 Seconds West along a 4 foot picket fence with the South line of the 1 247 acre Tract 2 and the North line of the said 0 555 acre tract a &stance of 204 63 feet to a 3/8 tach iron rod found at the Northwest comer thereof, a salient comer of the 1 247 acre Tract 2 and a sahent comer of the called 0 522 acre tract described m the deed from Tommy G Henderson et ux to Kenneth Ballard et ux recorded m Volume 768, Page 706 of the said Deed Records, THENCE North 25 Degrees 17 Minutes 27 Seconds West with the common line between the 1 247 acre Tract 2 and the sa~d 0 522 acre tract a distance of 44 12 feet to a 1/2 tach iron rod found at the Northeast comer thereof and a reentrant comer of the 1 247 acre Tract 2, THENCE South 64 Degrees 40 Minutes 12 Seconds West along a fence with the South line of the 1 247 acre Tract 2 and the North line of the 0 522 acre tract passmg the Northwest comer thereof and the Southwest comer of the 1 247 acre Tract 2 also being the Southeast comer of the said 0 707 acre Tract 1 and the Northeast comer of the called 0 504 acre tract descnbed m the deed from Maude Newman to Kenneth Ballard et ux recorded m Volume 963, Page 953 of the saxd Deed Records and continuing, m all a total distance of 393 84 feet to a I/2 tach iron rod set at the Northwest comer thereof and the Southwest comer of the 0 707 acre Tract 1 m a gravel Road, THENCE North 00 Degrees 59 Minutes 10 Seconds West along the gravel road vnth the West 1me of the 0 707 acre Tract 1 a distance of 211 03 feet to 1/2 tach iron rod set for the Northwest comer thereof, THENCE North 77 Degrees 59 Minutes 25 Seconds East along a fence wath the North line the 0 707 acre Tract passing the Northeast comer thereof and the Northwest comer of the 1 247 acre Tract 2 and cuntmumg, m all, a total distance of 507 50 feet to a 1/2 mch iron rod set for the Northeast comer thereof on the West right-of-way of F M H~ghway 2151, THENCE South 33 Degrees 35 Minutes 57 Seconds East w~th the East line of the 1 247 acre Tract 2 and the West right-of-way of the F M Highway 2151 a distance of 122 00 feet to the PLACE OF BEGINNING and enclosing 196 acres of land 22. AGENDA INFORMATION SHEET Date_ ///~Z//// ~ AGENDA DATE. January 2, 2001 DEPARTMENT: Engineermg & Transp~on CM/DCM/ACM' Dave Hill, 349-8314 '~?'a--k SUBJECT Consider adoption of an ordmance deelanng a public necesstty extsts and finding that the pubhc welfare and eonvemence reqmres the taktng and acqmrmg of an approximate 20 acre tract or parcel of land betng part of Lot 2, Block A of the Sandhn Add~tton, an addmon to the City of Denton m fee simple for a regtonal detention pond smd property being located m B B B & C R R Co Survey, Abstract No 180, and m the T Toby Survey, Abstract No 1288, C~ty of Denton, Denton County Texas, anthonmng the C~ty Manager or hts designee to make an offer to purchase the property for just compensatton and ff such offer ts refused, authorizing the C~ty Attorney to mstltute the necessary proceedings tn condemnation m order to acqmre the property necessary for the public purpose of a regmnal detentton pond, declanng an effective date BACKGROUND In October 2000 North Denton Partners, Ltd entered ~nto a real estate contract w~th the C~ty of Denton to sell the subject 20 acre tract We are ready to close the transactmn however the Seller has faded to secure the necessary lien releases which would allow the Ctty to fund the transaction with full confidence of clear title The remedy ~n the real estate contract for such an occurrence is etther to consummate the sale w~th the Ctty of Denton taking ownershtp subject to the hens or termination of the contract We are hopeful that we wtll be able to get the lien releases and proceed to close on the tract but desire to have authorization to condemn should we need to move forward and obtmn a "Right-of-Entry" to the 20 acre tract so that pond construction can commence in a timely manner In February 2000 City staff applied for a permit wtth the Corps of Engineers to construct the Regional Detentton Pond At that time we were granted 1 year to start constructton and an add~ttonal year to complete the construction from the start date and stall be considered to under precedtng wetland regulattons It ts tmportant that we be able to start construction of the pond soon If we have to reapply for a new permit under the new Federal Wetlands Regulations it would most hkely delay the start of the project by another year ~n addition to the consultant / staffcosts to facthtate the permit request and the costs assoctated w~th addtt~onal Federal wetland reqmrements RECOMMENDATION Staff supports approval of the acqmsttton by etther voluntary sale or condemnatton ~f necessary PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION $200,000 just compensation plus condemnation transaction costs of approximately $10,000 (court filing fees, appraisal fees if necessary, Special Commissioners fees, expert witness testimony fees af necessary) MAP Attached R~esoee~t~lly s~tte~ > Dawd Salmon, City Engineer Prepared by ~ Eng~neenng & Transportation Paul Wflhamson Right-of-Way Agent S \Our Documents\Ordmanc6s\OO\North Denton Partners Condemnatton Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC VfELFARE AND CONVENIENCE REQUIRES THE TAKiNG AND ACQUII~3'4G OF AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING PART OF LOT 2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON IN FEE SIMPLE FOR A REGIONAL DETENTION POND SAID PROPERTY BEING LOCATED IN B B B & C R R CO SURVEY, ABSTRACT NO 180, AND IN THE T TOBY SURVEY, ABSTRACT NO 1288, CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF A REGIONAL DETENTION POND, DECLARING AN EFFECTIVE DATE Wt-IEREAS, it is hereby determined that a publ, c necessity extsts and that pubhc welfare and convemence hereby require the acqum~tlon of fee s~mple t~tle for a regional detention pond, with such fee s~mple title vesting m the C~ty of Denton, Texas, and V~-IEREAS, the hereinafter described property ~s beheved to be owned by North Denton Partners, Ltd ("Owner"), and W-I-IEREAS, as authorized by Ordinance No 2000-370 the City and the Owner entered into that certain Contract of Sale dated October 4, 2000 (the "Contract") which prowded for the sale and purchase of the hereinafter described property, and V~rlEREAS, the C,ty and Owner were not able to consummate the Contract due to the mabthty of the Owner to obtain a release of certain hens NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Pubhc necessity exists and pubh¢ welfare and ¢onvemenee reqmre the acqms~t~on of fee simple t~tle for a regional detention pond, w~th such fee s~mple t~tle vesting m the C~ty of Denton, Texas, m that certmn tract or parcel of land conta~mng approximately 20 acres, together w~th ~mprovements thereon and appurtenances thereto as more particularly descr,_bed m Exhthlt "A", attached hereto and made a part hereof by reference (the "Property") SECTION 2 The C~ty Manager or hm designee m hereby anthonzed and directed to make an offer for the Property to the owner of the Property, based on the purchase puce m the Contract The C~ty Counc~l finds that the purchase price m the Contract ~s an offer of just compensation The C~ty Manager m authorized to extend the Contract closing date, m dlscrct~oI1 SECTION 3 In the event the offer as described m Section 2 ~s refused by the Owner of the Property or the Owner ~s unable to convey clear t~tle, free of all hens and encumbrances, the C~ty Attorney or h~s designee ~s hereby authorized and d~rectcd to file the necessary condemnation proceedings or stat and take whatever action that may be necessary against the Owner and/or any other parties having an interest in the Property to acquire fee s~mple title m the Property, free and clear of hens and encumbrances, for the purpose of a regional detention pond, with such fee simple title vesting in the City of Denton SECTION 4 If it should be subsequently determined that additional parties other than those named hereto have an ~nterest in smd property, then in that event, the C~ty Attorney or his designee ~s anthonzed and directed to join said pames as Defendants in smd condemnation SECTION 6 Th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM ,/ / Pa~e 2 EXHIBIT "A" LEGAL DESCRIPTION 20 000 Acre Detention Pond Being a tract of land s~tuated in the City of Denton, Denton County, Texas and being a portion of Lot 2, Block A, Sandhn Addition, an addition to the City of Denton, Denton County, Texas according to the plat recorded ~n Cabinet O, Slide 132 of the Deed Records of Denton County, Texas, said tract of land being described by metes and bounds as follows BEGINNING at a found V2 ~nch capped Iron rod ("COLEMAN") at the southeast comer of said Lot 2, said found ½ inch capped iron rod ("COLEMAN") also being at the northeast comer of said Klngswood Apartments, Tract A according to the plat recorded ~n Cabinet C, Slide 56 of said Deed Records, THENCE North 89 degrees 09 minutes 06 seconds West, along the south line of said Lot 2, along the north line of said Klngswood Apartments, along the north line of Joyce Lane, along the north hne of Klngswood Apartments, Phase Two, Lot One, according to the plat recorded in Cabinet C, Slide 88 of said Deed Records and along the north line of a parcel of land deeded to Denton North, Ltd as recorded in Volume 817, Page 231 of said Deed Records, a distance of 729 53 feet to a point for comer, THENCE North, a distance of 135 28 feet to a point, THENCE North 24 degrees 46 minutes 28 seconds West, a distance of 85 39 feet to a point, THENCE North 48 degrees 06 minutes 59 seconds West, a distance of 367 24 feet to a point, THENCE North 71 degrees 27 minutes 31 seconds West, a distance of 210 01 feet to a point, THENCE North 08 degrees 58 minutes 43 seconds East, a distance of 348 59 feet to a point on the north llne of said Lot 2, also being on the south line of a tract of land deeded to Locust/288 Partners, Ltd as recorded in Real Property Records number 99-0025993 of said Deed Records, THENCE South 89 degrees 08 minutes 45 seconds East, along the north line of said Lot 2 and along the south line of said Locust/288 Partners, Ltd tract, a distance of 1,200 00 feet to a found ½ inch iron rod at the northeast corner of said Lot 2, THENCE South 01 degree 05 minutes 52 seconds West, along the east line of said Lot 2, at 614 79 feet and 1 68 feet right passing a found ½ inch iron rod, at 697 86 feet and 1 75 feet right passing a found ½ ~nch ~ron rod, and at 843 28 feet and 1 90 feet right passing a found x/2 inch iron rod, and continuing ~n all a distance of 862 16 feet to the POINT OF BEGINNING, containing 871,202 square feet or 20 000 acres OR INANCENO Cfi AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND NORTH DENTON PARTNERS, LTD, RELATING TO THE PURCHASE OF AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING A PART OF LOT 2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON, FOR USE AS A REGIONAL DETENTION POND, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City and North Denton Partners, Ltd, in substantially the form of the Real Estate Contract which is attached hereto and made a part of th~s ordinance for all purposes, for the purchase of approximately 20 acres of land for use as a regional detention pond SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective ~mme&ately upon its passage and approval PASSED AND APeROVEDthlsthe ,ff~_..t~ dayof ~j~¥~,'{.ff ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY b' APPROVED AS TO LEGAL FORM iiRB~~fflTY ATTORNEY -/ CONTRACT OF SALE North Denton Partners, Ltd, a Texas limited partnership (hereinafter called "Seller"), hereby agrees to sell and convey to the C~ty of Denton, a Texas municipal corporation, and/or assigns (hereinafter called "Purchaser"), and Purchaser hereby agrees to purchase and pay for, 20 acres of land, more or less, out of the BBB & CRR Co Survey, Abstract No 180, and thc T Toby Survey, Abstract No 1288, Denton County, Texas, bcmg the same lands described more particularly by metes and bounds on Exhibit "A," attached hereto and made a part hereof by reference, together ~vith, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, including any right, title, and interest of Seller m and to adjacent streets, alleys, or rights-of-way to the centerhnes thereof (such real estate, improvements, rights, and appurtenances being herein referred to as the "Property") subject, however, to thc Permitted Exceptions (herein defined) This Contract of Sale (this "Contract") is c×ecuted upon the following terms and conditions 1 Purchase Price The "Purchase Price" (herein so called) for the Property is Ten Thousand and No/100 Dollars ($10,000 00) per "Gross Acre" (as that term is defined m Section 3 A, below), as disclosed on the "Survey" (as that term is defined m Section 3 A, below), payable all m cash at the "Closing" (as that term Is defined m Section 8 A, below) 2 Independent Consideration A Independent Consideration Deposit Within three (3) business days from the Effective Date of this Contract, Purchaser shall deliver the sum of $100 00 to American Title Company, 717N Harwood, 2610MaxusEnergyTower, Dallas, Texas75201 (the"Title Company") with the notation "Attn Maxm Hardin", to be held by the Title Company as full payment and independent consideration for Seller's performance under this Contract (the "Independent Consideration") If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser by any provision of this Contract, the Independent Consideration shall nonetheless be promptly delivered to Seller, but the parties shall have no further rights or obligations under this Contract (except for those which may expressly survive the termination) At Closing, the Independent Consideration shall be applied to the Purchase Price B Escrow The Independent Consideration is deposited with the Title Company with the understanding that the Title Company (1) is not responsible for the performance or non- performance of any party to this Contract, and (2) is not hable for interest on the funds held unless required in Section 2 A, above 3 Survey and Title Binder A Survey Purchaser shall, within ten (10) days after the Effective Date of this Contract, at Purchaser's expense, cause to be prepared and delivered to Purchaser (with a copy to Seller), a current, on-the-ground, Category 1 A, Condmon 11, land title survey (as specified by the Manual of Practice for Land Surveying m the State of Texas) of the Pr°peny (the "Survey") The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to CONTRAC 1 OF SALE PAGE 1 delete the survey exception (except as to "shortages in area") from the T~tle Pohcy to be issued by the Title Company, such survey deletton shall be at the sole cost and expense of Purchaser The Survey shall show the location ofall improvements on the Property, lfany The Survey shall include only the Property and shall include a metes and bounds descnptmn of the Property and show any apparent encroachments, any flood-phun or flood-prone areas, and all easements w~th recording data ~nd~cated, fences, and apparent water courses affecting the Property 0nclud~ng any Schedule B easements reflected in the Title Binder), shall include a surveyor's certification to the T~tle Company, to Seller, and to Purchaser, and shall further show the number of gross acres (and gross square feet) contmned wah~n the lateral bounds of the Property The terms "gross acres" and "gross square feet" as used here~n shall mean the total area of land contmned w~thm the Property, inclusive of such existing or presently proposed rights-of-way of pubhc roads, streets, alleys, easements, encroachments, open space, and/or flood-plain or flood-prone areas Following dehvery of the Survey, the parties agree to amend th~s Contract to substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth here~n if the current descnptlon ~s different from that set forth in the Survey B Tffie Binder W~th~n twenty (20) days after the Effective Date of th~s Contract, Seller shall obtam, at Seller's expense, and dehver copies of same to Purchaser, the following (1) A title commttment (the "T~tle B~nder") covenng the Property btnd~ng the T~tle Company to issue an Owner's Pohcy of T~tle Insurance on the standard form of pohcy prescribed by the Texas Department of Insurance at the Closing m the full amount of the Purchase Price, and (2) True, correct, and legtble (to the extent reasonably available) cop~es of any and all recorded ~nstruments referred to ~n the Title Binder as const~tuttng exceptions or restrictions upon the t~tle of Seller, except that copies of any hens which are to be released at the Closing may be omitted 4 T~tle Approval. Purchaser shall have ten (10) calendar days after the later of the date Purchaser has received the Survey, a T~tle Binder, and true, correct, and legible copies of any and all recorded ~nstruments (the 'Instruments") referred to in the Tale B~nder as consutut~ng exceptions or restrictions upon the tttle of Seller (the "Rewew Period"), ~n which to notff3 Seller of objecttons to Seller's title (except as prowded otherwise below) specifying the t~tle defect which make Seller's ntle unacceptable (the "ObJectionable Matters") If Purchaser not,ties Seller of such Objecnonable Matters w~thln the Rewew Period, Seller may, but is under no affirmative obhgat~on to, undertake to cure and/or remove those ObJectionable Matters specified by Purchaser during the Review Period In the event such Objectmnable Matters are not cured and/or removed, or ff Seller has not agreed to cure or remove same, on or before five (5) calendar days (the "Seller's Cure Period") after such not~ce to Seller, Purchaser may w~th~n three (3) days after the termination of Seller's Cure Period elect to terminate th~s Contract by notme to Seller, or at Purchaser's sole option, Purchaser may accept such t~tle as Seller can dehver in which event such ObJectionable Matters shall be deemed "Permitted Exceptions" (herein so called) Any exception on Schedule B to the Title Binder not objected to by Purchaser shall be deemed a "Permitted Exception" Any Objecnonable Matters on Schedule B to the T~tle B~nder which remains uncured by Seller as provided above shall be deemed CONTRACr OF SALE PAGE 2 q "Permitted Exceptions" following Purchaser's failure to terminate within three (3) days after the end of Seller's Cure Period Items hsted on Schedule C to the Title Binder shall never be considered ObJectionable Matters, nor shall they be considered "Permitted Exceptions" unless Purchaser agrees in writing dunng the Review Period that such items need not be deleted from the Title Policy and may become Schedule B ~tems on the T~tle Policy issued pursuant to the Title Binder The "Development Agreement" (as that term ~s defined, below) and the rights of Locust/288 Partners, Ltd, and its successors and assigns thereunder, shall also be "Permitted Exceptions" hereunder 5 Inspectlon/Platt~m, Period A Inspection Period Purchaser shall have thirty (30) days from the Effective Date (as hereinafter defined) (the "Inspection Period") to ~nspect the Property and to conduct feaslbthty studies regar&ng Pumhaser's intended use of the Property Purchaser's studies may include w~thout limitation (t) core borings, (n) environmental and architectural tests and investigations, (m) physmal ~nspections of all improvements, fixtures, equipment, subsurface sods, structural members, and personal property, and (iv) examination of plans, specifications, manuals, and other documents relating to the construction and condition of the Property Seller shall provide Purchaser upon request copies of all tests, studies, reports, plans, plats, and other ~nformatlon in Seller's custody relating to the Property, provided that all such information shall be dehvered to Purchaser by Seller without any representation or warranty by Seller to the accuracy of such lnformatton Purchaser shall return all of the documents within a reasonable ttme following termination of this Contract Seller has not undertaken any independent investigation as to the truth or accuracy of the documents and is providing or offering to provide the documents solely as an accommodation to Purchaser Purchaser and Purchaser's agents, employees, consultants and contractors shall have the right of reasonable entry onto the Property dunng normal business hours, and upon reasonable advance notice to Seller and/or Seller's tenants, for purposes of the ~nspecnons, studies, tests and examinations reasonably deemed necessary by Purchaser All inspections, studies, tests and examinations performed hereunder shall be at Purchaser's expense, and cop~es thereof shall be delivered to Seller ~n the event of, and within a reasonable period of time following, tenmnatlon of this Contract Immedmtely after completion of any tests, stu&es or examinations, Purchaser shall promptly restore the Property to substantially the same con&tmn ~t was In prior to conducting such tests, studies or exam~nations, and Pumhaser covenants and agrees to lndemmfy, defend, and hold Seller harmless from all claims, causes of action, and damages arising out of the tests, stu&es, and examlnahons and restoration of the Property, including, but not limited to, mechanic's and materlalman's hens Purchaser's lndemmty obhgatlons hereunder shall sur~ ~ve the Closing or the earher termination of this Contract B Termmatl0n If Purchaser determines, in Purchaser's sole &scretlon, no matter how arbitrary, that the Property is not ~n satisfactory con&t~on or is not suitable for Purchaser's intended use or purpose, then Purchaser may terminate this Contract by notice to Seller on or before the last day of the Inspection Period, whereupon neither party shall have any further rights or obligations under this Contract (except for those which may expressly survive the termination of this Contract) C Conveyance Plat During the Inspection Period, Seller and Purchaser shall CON tRACT OF SALE PAGE 3 reasonably cooperate with each other ~n obtalmng either an administrative amendment of the cresting Conveyance Plat covenng the Property or approval by the Denton Planning and Zoning Commission of a re-plat of the ex,sting Conveyance Plat (the date of such amendment or approval being the "Conveyance Plat Approval Date") If the Conveyance Plat Approval Date has not occurred prior to the exp~ratlon of sixty (60) days following the Effective Date, then either party may tenmnate thts Contract by not,ce to the other, ~n which event the Independent Consideration shall be distributed to Seller and neither party shall be further obhgated to the other except for obhgatlons which expressly survive such tenmnat~on If the Conveyance Plat Approval Date has not occurred on or before the expiration of one hundred e~ghty (180) days following the Effective Date, then th~s Contract shall terminate ~pso facto, in wlmch event the Independent Consideration shall be d~stributed to Seller and neither party shall be further obligated to the other except for obligations whmh expressly survive such termination 6 Intentionally Deleted 7 Seller's Warranties, Representations and Covenants A Warrant~es and Representations Seller represents and warrants to Purchaser to the actual (but not constructive) knowledge of Mike Sandhn and Lee Schmltt, without inquiry, investigation, or duty to inquire or investigate, the following (l) Tffie. Unless otherwise provided herein, at the Closing Seller shall have the right to convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, security interests, and other encumbrances except the Perrmtted Exceptions Delivery of the T~tle Pohc~ pursuant to Section 8 B, below, will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract, however, delivery of the Title Policy will not release Seller from the warranties of title set forth ~n the Deed (2) Leases There are no parties (other than Seller or its affiliates) in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers (3) Liens and Debts Unless otherwise provided herein and except for the Permitted Exceptions, there are no hcenses, leases, mechanic's liens, Uniform Commercial Code liens, or unrecorded liens against the Property which will not be satisfied out of the Closing proceeds Except for the Permitted Exceptions, all obhgatlons of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not hmited to, leasing commissions, salaries, and similar agreements, have been paid or will be paid prior to Closing Unless otherwise provided hereto and except for the Permitted Exceptions and obhgatlons such as taxes for which provisions are made in this Contract for prorating at Closing, there will be no obhgatlons of Seller with respect to the Property outstanding as of Closing, for which the Purchaser shall be hable (4) Hazardous Materials Except as otherwise disclosed in writing by Seller to CONTRACrOFSALE PAGE4 Purchaser, the Property (including any improvements located thereon) contains no Hazardous Materials (defined below) Purchaser acknowledges that current and future federal, state and local laws and regulations may require any Hazardous Matermls to be removed at the expense of those persons who may have had or continue to have any ~nterest in the Property The expense of such removal may be substantial For purposes of this Contract, the term "Hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as defined tn or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and L~abiltty Act, as amended, the Federal Clean Water Act, as amended, or any other federal, state or local enwronmental law, regulation, ordinance, role, or by-law, whether existing as of the Effective Date, or subsequently enacted B Covenants Subject to the other terms and conditions hereof, Seller makes the following covenants to Purchaser (1) Title At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all hens, assessments security interests, and other encumbrances except the Permitted Exceptions Delivery of the Title Policy pursuant to Section 8 B, below, will be deemed to sansfy the obhgatton of Seller as to the sufficiency oft~tle reqmred under this Contract, however, dehvery of the T~tle Pohcy wall not release Seller from the warranties of title set forth tn the Deed (2) Negative Covenants Without the written consent of Purchaser, Seller shall not further encumber the Property or allow an encumbrance upon the title to the Property, which w~ll not be removed as of the Closing (3) Liens and Debts Seller shall not allow any hcenses, leases, mechamc's hens, or Umform Commermal Code hens or other liens agmnst the Property which will not be satisfied out of the Closing proceeds C Remedies If Purchaser discovers prior to Closing that any of Seller's warranties or representations has been materially misrepresented or is materially inaccurate or that any of Seller's covenants has been molated, Purchaser shall notify Seller promptly tn wrmng, and Seller may attempt to remedy the material misrepresentation or inaccuracy, or to cure the violated covenant If the material misrepresentation or inaccuracy ts not remedied, or tf the violated covenant ts not cured, prior to Closing, upon written notice to Seller, Purchaser may 0) proceed to Clos~ng thereby watwng and being deemed to have waived all claims for breach of warranty or covenant or for misrepresentation, or (n) as its sole remedy terminate this Contract, tn which event neither party shall be further obhgated to the other except for obhgattons which expressly survive the termmation of this Contract Except as expressly provided herein, the representations, warrant~es, and covenants of Seller herein shall not survive the Closing All representation, warranties, and covenants tn this Contract (except for the warranty of title in the "Deed" [as that term ts defined below] and those whmh expressly survive the Closing pursuant to the terms hereof) shall not survive Closing, and shall be deemed merged ~nto the Deed CON I'RAC I' OF SALE PAGE 5 8 Closing A Closing Date The closing of this Contract (the "Closing") shall be held on or before the tenth (10th) day following the later to occur of 0) the "Conveyance Plat Approval Date" or (n) expiration of the Inspection Period (the "Closing Date"), at the offices of the Title Company at its address stated below B Seller's Closm~ Documents At the Closing, Seller shall deliver to Purchaser at Seller's expense 0) a Special Warranty Deed (the "Deed") conveying the Property subJect only to the Permitted Exceptions, (n) an updated title commitment by the Title Company to deliver a standard coverage title policy issued by the underwriter for the Title Company effective as of the time of Closing, pursuant to the Title Binder w~th the survey exception deleted (except as to shortages in area and such deletion being at Purchaser's expense), subject only to the Permitted Exceptions, (ill) possession of the Property, (iv) evidence of Seller's authority and capacity to close this transaction as may be required by the Title Company, and (v) all other documents reasonably required by the Title Company to close this transaction C Purchaser's Closing Documents At the Closing, Purchaser shall deliver to Seller at Purchaser's expense 0) (by cashier's check or wire transfer) the Purchase Price with the Independent Consideration being applied thereto, (ii) evidence of Purchaser's authority and capacity to close this transaction, and (iii) all other documents reasonably required by the Title Company to close this transaction D Closm~ Costs Except as otherwise provided herein, all closing costs shall be assessed by the Title Company and paid by Seller or Purchaser in the manner customary in a transaction of thru character in the county where the Property Is located E Prorations Ad valorem taxes for the then current year shall be prorated at the Closing effective as ofthe date of Closing Ifthe Closing shall occur before the tax rate Is fixed for the then current year, the apportionment of the taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference in actual ad valorem taxes for the year of sale actually paid by Purchaser shall be adjusted between the parties upon receipt of written evidence of the payment thereof If a change in use of the Property after Closing results in an imposition of additional taxes for previous years, such rollback taxes shall be the responsibility of Parchaser The provisions of this paragraph shall survlve the Closing of this Contract F Foreign Person Notfficatlon If Seller is a Foreign Person, as defined by the U S Internal Revenue Code, or if Seller fails to deliver to Purchaser a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, then Purchaser may cause the Title Company to withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms The required affidavit(s) from Seller(s) shall include (1) a statement that Seller is not a foreign person, (2) the U S taxpayer identification number(s) of Seller(s), and (3) other information required by Section 1445 of the Internal Revenue Code CONTRACI OF SAI E PAGE 6 9 Terrainatton If this Contract is terminated by Purchaser pursuant to a right by Purchaser to do so tn accordance w~th this Contract, the Independent Consideration shall be promptly paid to Seller, and the part,es shall have no further obhgatmn or liabilities one to the other except for those provisions whmh expressly survive termination of this Contract and all indemnities set forth tn this Contract 10 Default A Purchaser's Remedtes If Seller fails to close this Contract due to Seller's default under this Contract, Purchaser may elect any of the follounng as its sole remedy (1) enforce specific performance of this Contract, or (2) terminate and release Seller from tbas Contract whereupon this Contract shall terminate and the parties shall have no further obhgatlons hereunder, save and except those that expressly survive termination of this Contract Seller's failure to satisfy Purchaser's objections under Section 4 above shall not constitute a default by Seller B Seller's Remedies If Purchaser shall default under this Contract, Seller may elect any of the following as its sole remedy (1) enforce specffic performance of this Contract, or (2) terminate and release Purchaser from this Contract, and have the Independent Consideration d~stnbuted by the Title Company to Seller, whereupon thru Contract shall terminate and the parties shall have no further obhgations hereunder, save and except those that expressly survive ternnnatlon of this Contract 1 1 Intentionally Deleted 12 M~scellaneous Provistons A Effective Date The term "Effective Date" and the "date of this Contract" as used here~n shall mean the later of the two dates on which this Contract is s~gned by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the Parties hereto If the last party to execute this Contract fads to complete the date of execution below that party's signature, the Effective Date shall be the date this fully executed Contract Is acknowledged as received by the Title Company B Notices Any notice or communicat~on required or permitted hereunder must be in writing and shall be deemed to be dehvered, whether actually received or not, on the earher date of 0) actual receipt, if delivered in person or by messenger or overmght courier w~th evidence of delivery, or (u) transmission of an electronic facsimile transm~ssxon ("Fax") with confirmation of delivery, or (lit) upon deposit m the Umted States Mad as required below Notices may be transmitted by Fax to the Fax telephone numbers specified below, if any Notices dehvered by marl must be deposited in the U S Postal Service, certified mall, return receipt requested, postage prepaid, and properly addressed to the intended rec~pient at the address set forth below Any party may change its address for notice purposes by delivering written notice of its new address to all other parties in the manner set forth above which notice of change of address will be effecuve five (5) days after receipt Copies of all written notices should also be delivered to the Title Company, but fmlure to noufy the Title Company wall not cause an otherwise properly delivered notme to be ~neffectlve CON] RAC F OF SALE PAGE 7 C Mutual Termination If this Contract is terminated by mutual agreement of both Parties at any time prior to Closing, the obhgat~ons of each Party under this Contract shall terminate, except that each party shall perform any obhgat~ons which expressly survive the termination of this Contract Theobhgat~onunderthlsSectlonl2 C shall survive the termmation ofthls Contract The terms of any mutual termmatton agreement will supersede and control over the prows~ons of this Section 12 C to the extent of any conflict Th~s Section 12 C does not apply ff a party umlaterally terminates th~s Contract by virtue of a termination right set forth elsewhere in this Contract D Attorney's Fees If either Party shall be required to employ an attorney to enforce or defend the rights of such Party hereunder, the prevailing Party shall be entitled to recover reasonable attorney's fees and costs E Integration This Contract contains the complete agreement between the Parties w~th respect to the Property and cannot be vaned except by written agreement The Parties agree that there are no oral or signed agreements, understandings, representations or warranties made by the parties which are not expressly set forth herein F Survival Except as otherwise provided m th~s Agreement, any portion of this Contract not otherwise consummated at the Closing will survive the closing of this transaction as a continuing agreement by and between the Part~es G Binding Effect This Contract shall inure to the benefit of and brad the Part~es hereto and their respective heirs, representatives, successors and permitted assigns H T~me for Performance Time ~s of the essence under each prov~smn ofth~s Contract Strict compliance with the t~mes for performance is reqmred I Right of Entry SubJect to the prows~ons of Section 5, upon reasonable advance not~ce and during normal business hours, Purchaser and Purchaser's representatives have the right to enter upon the Property prior to Closing for purposes of v~ewmg, mspect~ng and conducting studies of the Property, so long as they do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause undue damage to the Property J Business Day If any date of performance under th~s Contract falls on a Saturday, Sunday or Texas legal holiday, such date of performance shall be deferred to the next day which is not a Saturday, Sunday or Texas legal holiday K Governing Law This Contract shall be construed under and governed by the laws of the State of Texas, and unless otherwise prowded here~n, all obhgat~ons of the part~es created under th~s contract are to be performed in the county where the Property Is located L Severabthty If any prows~on of this Contract is held to be mvahd, illegal, or unenforceable by a court of competent jurisdiction, the mvahd, illegal or unenforceable prowslon shall not affect any other provisions, and this Contract shall be construed as ~f the mvahd, illegal, or unenforceable provision is severed and deleted from this Contract CONFRA£ I OF SALE PAGE 8 M Counteruarts This Contract may be executed in a number oftdentlcal counterparts Each counterpart is deemed an original and all cotmterparts shall, collectively, constitute one agreement N Gender: Number Unless the context requires otherwise, all pronouns used in this Contract shall be construed to include the other genders, whether used in the masculine, feminine or neuter gender Words in the singular number shall be construed to include the plural, and words in the plural shall be construed to include the singular O Assignment. Neither party may assign its rights under this Contract without the express written consent of the other, which consent shall not be unreasonably withheld or delayed, except that Purchaser may assign its rights hereunder to an affiliate controlled by, controlling, or under common control with Purchaser, provided the assignee expressly assumes all of the Purchaser's obligations hereunder in writing, provided, however, no such assignment shall relieve Purchaser of its obligations hereunder P Development Agreement. This Contract is subject to the terms of that certain Development Agreement, by and between Seller, Purchaser, and Locust/288 Partners, Ltd (the "Development Agreement") 13 Disclaimer Seller and Purchaser agree that the provisions of this Section 13 shall expressly survive the Closing of this Contract Purchaser hereby acknowledges the following a Except as set forth in this Contract, Purchaser is purchasing the Property, and the Property shall be conveyed and transferred to Purchaser, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly without any warranties, representations, or guarantees, either expressed or implied, of any kind, nature, or type whatsoever from or on behalf of the Seller Purchase acknowledges that it has not relied, and is not relying, on any mfonnaUon, document, sales brochures, or other literature, maps or sketches, projection, pro forma, statement, representation, guarantee, or warranty (whether express or implied, or oral or written, or material or immaterial) that may have been given or made by or on behalf of Seller b Except as set forth in the Contract or herein, Purchaser shall not be entitled to, and should not rely on, Seller or its agents as to (a) the quality, nature, adequacy, or physical condition of the Property, (b) the quahty, nature, adequacy, or physical condition of soils or the existence of ground ~vater at the Property, (c) the existence, quality, nature, adequacy, or physical condition of any utilities serving the Property, (d) the development potential of the Property, its habitability, merchantability or fitness, suitability, or adequacy of the Property for any particular purpose, (e) the zoning or other legal status of the Property, (f) the Property's compliance with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, or restrictions of any governmental or quasi-governmental entity, or of any other person or entity, (g) the condition of title to the Property, or the nature, status and extent of any right-of-way, lease, right of redemption, possession, lien, encumbrance, license, ¢ONTP. AC1 OF SALt PAGE 9 reservation, covenant, condition, restriction, or any other matter affecting title to the Property c EXCEPT AS SET FORTH IN THIS CONTRACT, SELLER HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY d EXCEPT AS SET FORTH IN THIS CONTRACT, SELLER HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LlMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE e Purchaser has had and will have, pursuant to this Contract, an adequate opportunity to make such legal, factual, and other inquiries and mvesngatlons as it deems necessary, desirable, or appropriate with respect to the Property Such lnqmnes and investigations of Purchaser shall be deemed to include, but shall not be limited to, the condmon of the Property, the existence of any wood-destroying organisms on the Property, such state of facts as an accurate survey and mspectmn would show, the present and future zoning ordinances, resolutions, and regulations of the city, county, and state where the Property is located, the availability of utihties, and the value and marketability of the Property 14 Release, Indemnity Seller and Purchaser agree that the provisions of this Section 14 shall expressly survive the Closing of this Contract Without in any way limiting the generality of the preceding paragraphs a through e of Section 13, Purchaser specifically acknowledges and agrees that it hereby waives, releases, and discharges, and that its closing of the purchase contemplated herein shall be deemed to be and to constitute a waiver, release, and discharge of, any claim or cause of action it has, might have had, or may have against Seller, for any type of rehef, whether at law or m equity, with respect to the condition of the Property, either patent or latent, its ability or inability to obtain or maintain building permits, temporary or final certificates of occupancy, or other licenses for the development or use of the Property, the actual or potential profits to be derived from the Property, the real estate taxes or assessments now or hereafter payable thereon, the compliance with any environmental protection, pollution, or land use laws, rules, regulations, or requirements, and any other state of facts which exist with respect to the Property CONTRACT OF SAI F PAGE l 0 13 15. Condition Purchaser stipulates that Seller has reformed ~t that the Property ~s currently subject to the following hens (collectively, the "Ex~sttng Liens") (1) Vendor's L~en retaaned tn a Spectal Warranty Deed with Vendor's Lten, dated January 16, 1998, recorded ~n Volume 4014, Page 1542, Deed Records, Denton County, Texas, from 270 J V, a Joint Venture, to SLI-GP, Inc, (2) Deed of Trust, dated January 16, 1998, from SLI-GP, Inc, to M~chael Dover, Trustee to secure 270 J V, a Joint Venture, recorded tn Volume 4014, Page 1547, Deed Records, Denton County, Texas, and (3) Deed of Trust, dated January 16, 1998, from SLI-GP, lnc, to Robert M Allen, Trustee to secure Westhaylex, Inc, recorded tn Volume 4014, Page 1556, Deed Records, Denton County, Texas Seller will use ~ts reasonable best efforts to obtatn part~al releases of the Property from the Exlsttng Ltens prior to Clostng, however, ffSeller ~s unable to obtmn parttal releases of the Property from the Ex~sttng Ltens prior to Clostng, then e~ther Seller or Purchaser shall have the right to termtnate thts Contract, tn whxch event netther party shall be further obhgated to the other except for obhgatmns whtch expressly survtve the termination If netther Seller nor Purchaser exerctses tts rtght to termtnate as set forth ~n thts Sectton 15 and both part~es proceed to Clostng, the Emsttng Ltens shall become "Permitted Exceptions" hereunder, and Purchaser shall close on tts purchase of the Property subject to the Extsttng Ltens Such proceeding to Clostng and purchastng the Property subject to the Ex~sttng Ltens (which shall be "Permttted Excepttons" hereunder) shall be deemed to constttute a release of Seller by Purchaser of and from all claims, causes of actmn, damages, habd~t~es, losses, settlements, or obhgat~ons arts~ng out of, or related to, foreclosure of any or all of the Emst~ng L~ens tnsofar as same cover the Property CONTRACq OF SALI PAGE EXECUTED on the dates stated below SELLER PURCHASER North Denton Partners, Ltd The City of Denton, Texas, a Texas limited partnership a Texas mumclpal corporation /~' / Name,~cl~n Sa(fie M,chae~W ~' ~ T~tle President Title C~ty M~rhage{j/ Address 5137 Daws Blvd Address 215 E McKmney Fort Worth, Texas 76180 Denton, Texas 76201 Telephone (817) 281-3509 Telephone (940) 349-8307 Fax Number (817) 656-0719 Fax Number (940) 382-7932 Date of Execution October 4. 2000 Date of Execution October 4, 2000 APPROVED AS 'tO CITY Ki-rOR..N~Y, /'" CONTRACT OF SALE PAGE 12 TITLE COMPANY ACCEPTANCE. The Title Company acknowledges receipt of the Earnest Money on (date) from in the amount of $ ~n the form of and accepts the Independent Cons~deratmn subject to the terms and cond~tmns of tlus Contract TITLE COMPANY American Title Company By Name Maxle Hard~n T~tle Address 717N Harwood 2610 Maxus Energy Tower Dallas, Texas 75201 Telephone (214) 969-5300 Fax Number (214) 969-5348 WDK#116/A \ND CtyDent K02 wpd CONTRACT OF SALE PAGE 13 EXHIBIT "A" LEGAL DESCRIPTION 20 000 Acre Detention Pond Being a tract of land s~tuated in the C~ty of Denton, Denton County, Texas and being a portmn of Lot 2, Block A, Sandhn Addmon, an addition to the C~ty of Denton, Denton County, Texas accor&ng to the plat recorded in Cabinet O, Slide 132 of the Deed Records of Denton County, Texas, smd tract of land being described by metes and bounds as follows BEGINNING at a found V2 inch capped ~ron rod ("COLEMAN") at the southeast corner of smd Lot 2, said found ½ ~nch capped ~ron rod ("COLEMAN") also being at the northeast comer of smd K~ngswood Apartments, Tract A according to the plat recorded ~n Cabinet C, Shde 56 of smd Deed Records, THENCE North 89 degrees 09 minutes 06 seconds West, along the south hne of smd Lot 2, along the north hne of smd K~ngswood Apartments, along the north hne of Joyce Lane, along the north hne of K~ngswood Apartments, Phase Two, Lot One, according to the plat recorded ~n Cabinet C, Shde 88 of smd Deed Records and along the north hne of a parcel of land deeded to Denton North, Ltd as recorded in Volume 817, Page 231 of said Deed Records, a distance of 729 53 feet to a pmnt for comer, THENCE North, a &stance of 135 28 feet to a pmnt, THENCE North 24 degrees 46 m~nutes 28 seconds West, a distance of 85 39 feet to a point, THENCE North 48 degrees 06 mtnutes 59 seconds West, a d~stance of 367 24 feet to a point, THENCE North 71 degrees 27 m~nutes 31 seconds West, a dtstance of 210 01 feet to a point, THENCE North 08 degrees 58 m~nutes 43 seconds East, a d~stance of 348 59 feet to a point on the north hne of smd Lot 2, also bmng on the south hne ora tract of land deeded to Locust/288 Partners, Ltd as recorded ~n Real Property Records number 99-0025993 of smd Deed Records, THENCE South 89 degrees 08 m~nutes 45 seconds East, along the north hne of smd Lot 2 and along the south hne of smd Locusff288 Partners, Ltd tract, a dtstance of 1,200 00 feet to a found ½ ~nch ~ron rod at the northeast comer of smd Lot 2, THENCE South 01 degree 05 m~nutes 52 seconds West, along the east hne of smd Lot 2, at 614 79 feet and 1 68 feet right passtng a found ½ ~nch ~ron rod, at 697 86 feet and 1 75 feet right passing a found ½ ~nch ~ron rod, and at 843 28 feet and 1 90 feet right passing a found ½ ~nch ~ron rod, and cont~nmng ~n all a distance of 862 16 feet to the POINT OF BEGINNING, contmmng 871,202 square feet or 20 000 acres ~,oenda Item~ ~ Oate //~/~ / AGENDA INFORMATION SHEET '/ / AGENDA DATE: January 2, 2001 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS UNDER THE CITY OF DENTON'S INFRASTRUCTURE FINANCING POLICY FOR WATER AND WASTEWATER FACILITIES TO YORLUM CONSTRUCTION MANAGEMENT LTD, SUCH FACILITIES TO BE EXTENDED TO A DEVELOPMENT LOCATED AT THE INTERSECTION OF HIGHWAY 380 AND MASCH ROAD, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: Through Resolution Infrastructure Fmanemg, Resolution No R91-008 (See Exhibit II), the Water/Wastewater Utility Department is obligated to develop cost/benefit analysis for businesses seeking assistance for the extension of water/sewer lines to their property Yorlum Construction Management Ltd provided reformation relevant to the cost/benefit analysis to the water department and seeks assistance in extension of water/sewer lines to their property located at the intersection of Hwy 380 and Maseh Branch Road (See Exhibit I) Staff has used the data provided by Yorlum Construction Management Ltd and developed the cost/benefit analysis under the guidance of the Resolution (See Exhibit III) The input data in this analysis includes taxable capital investment in the business, construction costs, number of employees hvmg in Denton, sales tax prod by the business entity, utility charges incurred, and the cost of extension of water/sewer lines to the facility The analysis in Exhibit III shows a net benefit to the city in the amount of $263,051 over a five-year period The cost of the water/sewer lines extension is estimated at $219,000 OPTIONS: The property owner has the option to stay in Denton or relocate the business and the proposed construction to another City RECOMMENDATIONS. Based on the Cost/Benefit Analysis, Staffreeommends approval of the Development Plan Assistance for extension of the water/sewer lmes Page ! PRIOR ACTION/REVIEW (COUNCIL, Boards. Commm,ons~' The Public Utthties Board recommended Development Plan Assistance for the extension of water/sewer lines on November 6, 2000 FISCAL I~IFORMATION: $500,000 is budgeted every year by the Water Department for Development Plan Lines (see exhibit IV) Money budgeted for tbas purpose m previous years that has not been spent is reserved for tlus purpose also MAP: Exlubit I Respectfully submitted Director of Water UUhties Prepared by P S Arora, P E, Engmeenng Adnumstrator Exhibit I - Map Extublt II - Resolution No R91-008 Exlubtt III - Cost/Benefit Allalysls Exhibit IV -FY 2001 CIP Detml Sheet Page 2 S \Our Documonts\Ordln~nces\Ol\Yorlum Ut~h~y Fm~nmng Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS UNDER THE CITY OF DENTON'S INFRASTRUCTURE FINANCING POLICY FOR WATER AND WASTEWATER FACILITIES TO YORLUM CONSTRUCTION MANAGEMENT LTD, SUCH FACILITIES TO BE EXTENDED TO A DEVELOPMENT LOCATED AT THE INTERSECTION OF HIGHWAY 380 AND MASCH ROAD, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Resolutaon No R91-008 the Oty of Denton has estabhshed an Infrastructure Financing Pohcy to provide for water and wastewater facility cost partmlpatmn by the C~ty (the "Program"), and WHEREAS, the City Council has provided for funding of the Program in its 2000/2001 Annual Budget along with carryover funds from prior years, and WHEREAS, Yorlum Construction Management Ltd (the 'Developer") has submitted a request for City partmlpatlon under the Program for costs associated with the construction of water and wastewater lines (the "Public Utility Faethtles") winch will serve the City and its development located at the intersection of Highway 380 and Masch Branch Road, commonly known as 1314 Masch Branch Road (the "Development"), and WHEREAS, the City Council of the City of Denton, Texas finds that the Developer's request for City partlmpatlon ~s m the pubhc interest and meets the reqmrements of the Program, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute an agreement between the City and Developer to provide for City partlclpatmn ~n the costs of the Public Utthty Famhtles in an amount not to exceed $219,000 00 SECTION 2 The City Manager is anthonzed to make the expenditures as set forth ~n this ordinance SECTION 3 Tins ordinance shall become effective xmmedlately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 Resolut or% Ir%frastru ture F ar3 r%g ~$OLUTION NO ~ A RE$O ~UTION APPROVING T~E I NFRAST~UCTURE FINAHCING ~LICY, REP~L~NG R89-019; ~D PROVIDING FOR ~ ~E~, C~e ~n=on ~velo~enc Plen funds =o encourage balanc~ ~o~ an econ~ic deveZopmenC, and ~, in fU~er~ce of ~ome Capital Z~proveme~C p an . ~_lC~el, ~l 1991-199~ econonAc ~&~cAe-~.~.]~r~ ~c ~e ~ ~o~ and Co ~e eX~IC~ --- ........ ~ ~~ aeo~on of ~ln~enCa BE IT ~SOL~D BY ~ ~CIL OF T~ CI~ OF ~. ~aC ~e ~n~raa~u~ Fi~ci~ Policy, BY: ~ EXHIBIT 11 DENTON' MUNICIPAL UTILITIES POLICY / PROCEDURES POLICy TITLE DMSION EFFECTITE DAT~ ~ Rasolu~ion ¥~P~1-008 The City of Denton Utilities Department policy is to facilitate local economic growth through a program of Infras~.ructure Financing. During its ar~ual review of the Utility DePartmmnt,s Capital Improvements Plan (CIP), the Public ........ =ute w Y fi alloca~ion sh _ a~er or sewer _ . .... all consis~ uf ~n .... · ~o,000 fro~ ~e Wastewater CI~'''wvv zr~ ~e Water CIP and ~a~ POtion of ma~ ~ual alloca~ion close of the fie=al year shall =oral of ~$d ~obligat~ Infras2~c~ure Fin~ci~ shall b~ Pr~id~ only 2 ) ~ial/re~il proe~ ~i~ have a)~11 a ~Jority of ~eir g~ or outside o~ ~on, or b) ~n~fa~e. ~s for cons~tion oen~on vnzcfl were previouely 3) ~o.~c~s v~cA ~ave c~A~ ~o building co~ora~a headwaters ~aci~le. IfifrastruqXure Ftfiafig/lfig Pohq:y Page Two Ail requests for Infrastructure Financing shall be subject to the economic analysis detailed ~n =hAs Policy Th~s analysis shall determine pro]eot costs and benefl=s over a five year period. Infrastructure Financl only if project benefit _ng may be allocated costs, s are equal tu or exceed project For purposes of the economic analysis: Project costs shall consist of 100% of: ~ibt.service associated wi~h ~he subJec~ utility ne s construction, and ~-~=~ su~]mct utility line Project benefits shall consist of 25% of: ~ ~ev~ue fro~ ad valor~ OCaA p~y, plant ~d t~ on prospe~,s ~ Revenue from sal~s tax on pros~ct*s P~u~s · ~ ~e?r~ salem ~ on l~i p~ses by u ~con ~esid~ l~r fore V~aC~ by pros~,s ~aC~nV in ~Con a~ 100% of: ~ Revenue fr~'~a2 ~ion of ~e l~al cure, ion of ~on u~ili=i~ ~= is contr~ut~ 2~a~ ~e ret~ on ~ding of proJe~s shall ~ ~t~ bas~ on ~e data of s~mission of applica=ion~ i.e., firs= come, first Ififrastrugure Rfiafiqlfig Pol qy Page three Lines under cons~dera=Aon shall begin a= an exxsCing main lane and end aC =he edge of =he prospec=~s proper=y which is closest Co =he exis=lng ~echnlCally feasible, maas and Whic~ is The funding recoemsnda=ion shall s =~ · =Ami limA= on ,,,.a~__ ~__~n c?mponen=s as well FUnds Shall be disbursed =u ~s Pros~ecl: or designee onZy: for ~e prospec~,s ~n~on fac~l~y, or 2) ~n ~n~e~i2=en2 Pa~en2s as cons=~ion of s~Je~ u~l~y l~ne Unencumbered project funds shell be ret~trned Infras=ruc=urs Financing accounts. S~sp 1 Infrastructure F~nanctng, aPpl~o~ ~11 ~ aVmtl~l~ from ~m C~y~m sha~: --*~ ~e~o~ Office. ~l Off~cl Pr~ide prol~ wi~ ~o~c assuage ~fo~ion wl~ ~Ca ~leC~on an a~l~t~on · ~ aff~ ~enCa of P=oa~s aPplica=ion c~tna~e ~e prol~,, ac~ll to City ~enta · prepare an~on~ic assisC~ce~c~qe for~e pros~c~ Ififrastru ture F fiafiq fig Pohqy Page Four 2 Completed applications shall be returned ~o ~he Economic DeVelopment Office whlch shall fo=ward a copy of the prospec=*s completed applica=ioa Planning Depa~en= for Prepare=ion of a land use analysAs ~ and ~Utilities ~Pa~ment for Preparation of a five year economic analysis, and =ec~xcal and cos= assessm~= of PrOViding U=tltty se~ice =o ~e Prospec=. ~e ~lic Ut/ll~ie~ ~a~ Shall review ~e ~e Pl~i~ ~d Zon&ng Co n motoring co~ideration to ~am~ n Su~ rico~&on ~Y aup~ ~e Pcol~,l Ordinance r~a~i~ ~l e~i~on of uCiliW rec°~Cton Co ~e ti'-- - . ~e ~ m EXHIBIT III 0 0 0 _~ o o -- 0 0 0 (..> 0 0 (.> PROPOSED SEWER MAIN FOR LOT 1314 ALONG MASCH BRANCH ROAD DESCRIPTION UNIT UANTIT UNIT PRICE TOTAL 10" SEWER MAIN ~4'-6' DEPTH L F 400 $30 00 $12,000 00 10" SEWER MAIN ~6'-8' DEPTH L F 207 $32 00 $6,624 00 10" SEWER MAIN ~8'-10' DEPTH L F 107 $34 00 $3,638 00 10" SEWER MAIN ~10'-12' DEPTH L F 66 $36 00 $2,376 00 10" SEWER MAIN ~12'-14' DEPTH L F 93 $38 00 $3,534 00 10" SEWER MAIN ~14'-16' DEPTH L F t32 $40 00 $5,280 00 MANHOLE E A 3 $2,850 00 $8,680 00 4' MH EXTRA DEPTH L F 17 $100 00 $1,700 00 EXCAVATION PROTECTION L F 1005 $3 00 $3,015 00 HYDROMULCH SEEDING SY 2233 $2 50 $5,582 50 EROSION CONTROL LS 1 $5,000 00 $5,000 00 PROJECT SIGN E A 2 $700 00 $t,400 00 BARRICADES & WARNING SIGNS LS $1,000 00 R O W PREPARATION LS $t,000 00 CONTRACTORS WARRANTIES LS $1,000 00 EASEMENTS t000 L F L F 1000 $22 00 $22,000 00 SUBTOTAL $84,000 00 ENGINEERING $5,000 00 SURVEYING $4,000 00 INSPECTION $2,000 00 CONTINGENCY $8,000 00 PROJECT TOTAL $t03,000 00 PROPOSED WATER MAIN FOR LOT 1314 ALONG MASCH BRANCH ROAD DESCRIPTION UNIT UANTIT UNIT PRICE TOTAL 12" WATER MAIN L F 1305 $35 00 $45,675 00 12" GATE VALVE E A 2 $3,000 00 $6,000 00 FITTINGS TONS I $5,000 00 $5,000 00 FIRE HYDRANTS E A 4 $2,000 00 $8,000 00 EXCAVATION PROTECTION L F 1305 $3 00 $3,915 00 HYDROMULCH SEEDING SY 2900 $2 50 $7,250 00 EROSION CONTROL LS 1 $5,000 00 $5,000 00 PROJECT SIGN E A 2 $700 00 $t,400 00 BARRICADES & WARNING SIGNS LS $1,000 00 R O W PREPARATION LS $1,000 00 CONTRACTORS WARRANTIES LS $2,000 00 EASEMENTS 450 L F L F 450 $18 00 $8,100 00 SUBTOTAL $94,000 00 ENGINEERING $6,000 00 SURVEYING $5,000 00 INSPECTION $2,000 00 CONTINGENCY $9,000 00 PROJECT TOTAL $116,000 00 capttat improvements rroject Project TItle Development Plan Waterhnes Account 620 - 0810461 Acttvtty/FERC oooo Project Type Growth Project Scope. Every-Year Prolect Group Asstgnlnent 7 - Development Plan Water Lines Description extend waterhnes to committed industrial development Actual sites to be determined as proposed Purpose Economic Development Fundm~ F~scal Year Descr~pbon Comment Date Object Code Amount 2001 ,~onstrucbon r 1/1/01 -] 9114 I $125,00000 2001 'lconstrucbon 1/1/01 9138 $125,00000 2002 IConstrucbon I 1/1/02 I 9114 $125,000 00 2002 ~Construchon ~ 1/1/02 9138 $125,000 00 2003 lConstrucfion ---- i 1/1/03 ~--' -9114 I $12500000 2003 IConstrucbon __ ~ 1/1/03 I 9138 $125 000 O0 2004 ,Constructron 1/1/04 I 9t14 $125 000 O0 2004 iConstructron I 1/1/04 9138 7-- $125,00000 20052005 }ConstrucbOn, construcbon ,Il I 1/1/051/1/05 ~1 91389114 I $1255125'0000000000 Revenue Total $1,250 000 O0 ProJect Total i $1 250 000 00 Comments Monday, October 02, 2000 Page 37 of 77 EXHIBIT IV Capttal Improvements ProJect ProJect T~tle' Development Plan Sewerhnes Account 625 - 082 - 0471 Acttvay/FERC oooo - Project Type Growth Project Scope Every Year Project Group A$$tgtlment 6 - Development Plan Sewer Lines Descrtptton To extend seweflines to committed ~ndusthal developments Actual s~tes to be determined as proposed Purpose To establish wasteweter utilities Jn undeveloped areas of the city to promote industhal development City will pay the cost of constructing an off-site S S line to an ~ndustdal development and recover the cost fi'om future revenue and city growth Fundtng F~scal Year Descnptmn Comment Date Object Code Amount 2001 Construchon ~ 10/1/00 / 9114 [ $250 000 O0 2002 Constructmn ~ ' 10/1/01~- 9114 ] $250,00000 I 10/1/02 I 9114 ~ $250,00000 2003 ,Construction I I 2004 Construction *- I 10/1/03 i 9114 $250 00000 2005 ,Construction 10/1/04 ~ 9114 $250,00000 Revenue Total ] $1 250 000 O0 Project Total i $1,250,000 O0 Comments Monday, October 02, 2000 Page 16 of 95 Z Z Z Z z= ~ ~- o 0 0 x