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HomeMy WebLinkAboutJune 4, 2002 AgendaAgenda 02-019 06/04/02 AGENDA CITY OF DENTON CITY COUNCIL June 4, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, June 4, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and give staff direction regarding the quarterly report on the Development Code. (SI02-0003) 2. Consider appointments to City Council Committees. Requests for darification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 4, 2002. Regular Meeting of the City of Denton City Council on Tuesday, June 4, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance U.S. Flag Texas Flag "Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. Proclamations 3. Recognition of staff accomplishments. CITIZEN REPORTS 4. Ross Melton regarding Code Enforcement and City Manager contacts. 5. Dessie Goodson regarding "deception". CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda items 6 - 16). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda items 6 - 16 below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda June 4, 2002 Page 2 Consider adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and John Kristoferson and providing an effective date. Consider approval of a resolution authorizing the sale of property located within 1184A H. Cisco Survey, Tract 104-25, 2.611 Acres, by the City of Denton, Texas as trustee for the taxing entities pursuant to Texas Property Tax Code Section 34.05 for ~:ss than the market value or total amount of judgment against the property; and providing an effective date. Consider approval of a resolution authorizing the sale of property located within Abstract 616 of the S. C. Hiram, Tract 66, Acres 0.150, Old DCAD Tract 29D by the City of Denton, Texas as trustee for the taxing entities pursuant to Texas Property Tax Code Section 34.05 for less than the market value or total amount of judgment against the property; and providing an effective date. Consider adoption of an ordinance approving an Inteflocal Cooperative Agreement between the City of Denton and Denton County for completion of design and certain construction components for the replacement of the Union Pacific Railroad Bridge over U.S. Highway 377 (Ft. Worth Drive); and declaring an effective date. 10. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Dunkin, Sims, Stoffels, Inc. for design and construction documents for park and athletic field parking lots as set forth in the contract; providing for the expenditure of funds therefore; and providing an effective date (PSA 2861to Dunkin, Sims, Stoffels, Inc. in the amount of $109,190). 11. Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value annual contract for collection services for miscellaneous accounts receivables; providing for the expenditure of funds therefore; and providing an effective date (RFP 2768 - Collection Services awarded to Credit Systems International, Inc.). 12. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an agreement on behalf of the City of Denton to purchase Cisco hardware from Forsythe Solutions Group, a Qualified Information Services Vendor (QISV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104957 to Forsythe Solutions Group, in the amount of $375, 490). 13. Consider adoption of an ordinance of the City Council of the City of Denton authorizing the City Manager or his designee to execute an agreement on behalf of the City of Denton to purchase Informix database software licensing from IBM, a Qualified Information Services Vendor (QISV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104958 to IBM in the amount of $150,000). City of Denton City Council Agenda June 4, 2002 Page 3 14. Consider adoption of an ordinance of the City Council of the City of Denton authorizing the City Manager or his designee to execute an agreement on behalf of the City of Denton to purchase a high tech microwave data system designed for improved traffic signal control from CES Network Services, inc., a Qualified information Services Vendor (QiSV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104959 to CES Network Services, inc. in the amount of $38,736.88). 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a skid steer loader and 4 wheel drive tractor; and providing for the expenditure of funds therefore; and providing an effective date (Bid 2845 awarded to Conley Lott Nichols of Texas, Inc. for Item 1 in the amount of $24,375.63 and Zimmerman Kubota for Item 2 in the amount of $43,074.00 for a total expenditure of $67,449.63). 16. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Concrete Utility Poles; providing for the expenditure of funds therefore; and providing an effective date (Bid 2850 - Annual Price Agreement for Concrete Utility Poles awarded to Lonestar Prestress Manufacturing in the estimated amount of $100,000). PUBLIC HEARING 17. Hold a public hearing to consider a Specific Use Permit (SUP) for approximately 0.3 acres, commonly known as 1022 Stanley Street. The site is in a Neighborhood Residential 3 (NR-3) zoning district. The subject property is located on the east side of Stanley Street south of Crescent and north of Linden. A home-occupation barbershop is proposed. The Planning and Zoning Commission recommends denial (7-0). (Z02-0021) ITEMS FOR INDIVIDUAL CONSIDERATION 18. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 19. items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda 20. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 21. Official Action on Closed Meeting item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda June 4, 2002 Page 4 CERTIFICATE I certify that the ~bove notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2002 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Agenda 02-019 06/04/02 WS#1 MEMORANDUM PLANNING & DEVELOPMENT DEPARTMENT TO: FROM: SUBJECT: TE: CC: MAYOR AND CITY COUNCIL DOUG POWELL~ PLANNING AND DEVELOPMENT DIRECTOR QUARTERLY REPORT MAY 23, 2002 MIKE CONDUFF, CITY MANAGER DAVE HILL, ASSISTANT CITY MANAGER This memo is to serve as the outline and basis for the quarterly report on the implementation of the Development Code as requested by City Council. Since the Development Code has been adopted, we have had 23 applications for rezoning (Attachment 1) out of a total 49 application submittals. There has been a tremendous workload as you know on your past few agendas. In addition to listing the rezonings that followed from the Development Code adoption, we were charged with reporting on any implementation issues related to the regulations. To date, we have identified five policy issues in addition to various clean-up to the text (Attachment 1, VI): 1. Future Zoning Map 2. ADP being public hearings 3. Sign Code including Variable Sign Messages 4. Multi-family density 5. Stream buffer regulations Staff is recommending that Council prioritize these issues, as well as any additional issues raised during the public input process. Additionally st~ff is seeking input on formulating a for resolving the issues. A public forum was held on May 22, 2002, before the Planning and Zoning Commission, to receive comments on the Development Code. Attachment 2 includes a summary of the comments received at the meeting. Attachment 3 includes all the written responses received to date. Attachment 4 is the verbatim minutes of the meeting. City of Denton 22/ North EImStreet Denton Texas 76201 9403498350 fax 9403497707 ATTAHCMENT 1 DEVELOPMENT CODE: FOLLOW-UP ACTIVITIES I. REZONINGS FROM MF-1 TO NR-3 City Council directed staffto file these petitions. The City of Denton is the applicant. Applied - 3/4 Remained MF-1 with the adoption of the DRC - 3/14 1822, 1828 & 1 David Bynum 1822 Oak Code. P&Z-4/10 City initiated rezoning to NR-3 CC- 5/14, not approved Applied - 3/4 Remained MF-1 with the adoption of the DRC - 3/14 2 Dalton Allen 722 Oak Code. P&Z- 4/10 City initiated rezoning to NR-3 CC- 5/14, not approved II. CATEGORY "A" REQUESTS These petitions are filed upon the consent of the property owner, with no application fee provided the zoning requested is the same as that assigned by City Council during work session discussions. Applied - 2/25 3 Joyce Poole Bonnie Brae Request for NRMU. DRC - 3/7 Z02-0007 North P&Z - 3/27 CC - 6/18 Jefferies Applied - 2/25 4 Center Hwy. 377 Request for NRMU-12. DRC - 3/7 P&Z - 3/27 Z02-0008 CC - 5/14, approved Applied - 3/18 5 Gamble 2201,2205 N. Request for NR-6 & NRMU-12. DRC - 3/28 Property Bonnie Brae P&Z - 6/12 CC - 7/16 6 Hinkle 2309 Hinkle Request for NRMU-12. Letter sent to property owner. Sherman Drive Applied - 3/25 7 Sherman north of Piggly Request for NRMU. DRC - 4/04 P&Z - 4/10 Wiggly CC - 5/14, approved South of Applied - 4/01 8 Denton Bible University and Request for NRMU. DRC - 4/11 east of P&Z - 6/12 Nottingham CC - 7/16 III. REZONINGS FROM AGRICULTURAL "AG" CLASSIFICATION: ANNEXATION PROPERTIES These properties were annexed under the previous code as Agricultural "Ag". The annexation process was not completed prior to the public notification process associated with the 2002 code, so they must be processed separately. City initiated rezoning to NR-3 DISD North of Loop An elementary school, a middle school, Applied - 3/4 DRC - 3/14 9 Z02-0009 288 & west of a sports stadium, an indoor natatorium, P&Z - 5/22 Sherman Drive. an outdoor aquatic center and a park with playing fields are proposed. CC - 6/18 Southside of Applied - 3/4 Blagg Road, City initiated rezoning to NR-3 DRC - 3/14 10 Z02-0010Blagg Road approximately A single-family subdivision is proposed, ccP&Z--5/214/24 1000' west of Lakeview Blvd. (P&Z Recommended NR-1) P&Z - 6/12 CC - 7/16 City initiated rezoning to NR-2, RCC-D, CM-G, EC-I, & IC-E A natural gas field development is Hunter proposed, the eventual development will Applied - 3/4 Ranch Along 1-35W, be a mixed use. DRC - 3/14 11 Z02-0011 north of Robson (Hillwood / Ranch Road Property owner requested that the P&Z - Pilot Knob) application be delayed to allow time for CC - staff and property owners representatives time to determine appropriate zoning classifications Crawford Rd. North of Crawford City initiated rezoning to NRMU Applied - 3/4 DRC - 3/14 12 / Schrader Road, east of I- A neighborhood retail services center is Z02-0012 35W proposed. P&Z - 4/24 CC - 5/21, Approved City initiated rezoning to RD-5 Applied - 3/4 Robson North of Lively A natural gas field development is DRC - 3/14 13 Ranch North Road, south of proposed, the eventual development will Z02-0013 FM 2449 be an extension to the Robson Ranch P&Z - 4/24 development. CC - 5/21, Approved North of Jim City initiated rezoning to IC-E Applied - 3/4 Trio Gas Christal Road, DRC - 3/14 14 Wells A natural gas field development is south of P&Z - 4/24 Z02-0014 proposed. University CC - 5/21, Approved IV. CONVERTED APPLICATIONS: OLD CODE TO NEW CODE These petitions were submitted requesting rezoning under the old code, and were revised and updated to reflect the 2002 Development Code. Applied - 2/13 Dr. Wolski Loop 288 north of Proposed zoning to NR-3, NR-4, NR-6, DRC - N/A 15 Z02-0004 University NRMU and CM-G P&Z- 4/10 CC - 5/14, approved Applied - 2/25 Elm Court DRC - 3/07 16 Z02-0005 Proposed zoning to NRMU-12 PZ - 5/21 CC - 6/18 Applied - 02/25 Bell Avenue Proposed zoning to NR-6 DRC - 03/07 17 Z02-0006 (on hold by the applicant) PZ - CC- The Did not need the 18 Meadows Vintage Parkway Single family development is proposed rezoning with the ZP01-0010 @ Bonnie Brae adoption of the Development Code The Vintage Parkway Letter sent to 19 Meadows Commercial development is proposed ZP01-0041 @ Bonnie Brae applicant. V. COMPREHENSIVE PLAN CHANGES The comprehensive plan amendments listed below were identified either during or after the Development Code review process. Unless otherwise directed, the petitioner will be required to bring forward a request for a Comprehensive Plan Amendment at their expense. Within the ETJ 20 1-35E at Milam Rd Currently NR-2, Request for RCC-D Zoning that allows duplexes is preferred rather than the CM-G zoning 21 1619 Amherst designation. 8.98 Acres West 22 University Request that this property be entirely zoned CM-G. US 77 (Elm) west of NRMU doesn't allow a car wash to be a use on this property. Request to be 23 Windsor CM-G Oppose the zoning classification of the property would like it to be zoned as 24 University @ Employment Center Commercial (EC-C). Questions why the city would want Nottingham to be in charge of underground water. Not an equitable distribution of CM-G zoning among the corners of this 25 Sherman @ 288 intersection. 26 Mockingbird @ Mingo Would like to put mini-storage on this property next to the railroad. 27 Geesling @ US 380 Property on frontage of US 380 should also be IC-E. The new zoning only seems to confuse an area already having mixed use 28 Elm Street at Taliaferro properties. This area should remain commercial and not include multifamily uses. 29 Mockingbird @ Mingo Would like to put mini-storage on this property next to the railroad. Adjacent to US Corp of Engineers property and abutting against proposed lC- 30 Teasley South E property. Propose IC-E for this area. Please reconsider the plan to make this area a "Business District". Strongly 31 Edwards Road oppose this plan as it would decrease the value of my property. Question how homeowners would be compensated for the loss in value in our investments if this proposal is put into action. This proposed zoning is ill conceived and should be available to be built with 32 Edwards Road affordable housing. Would request moving this area back to Neighborhood Centers district. The best use of this land would be a Community Mixed Use Center as the 33 Teasley Lane Neighborhood Center would exclude larger grocery stores and larger retail stores. If we expand the property to the east we would need that small parcel zoned 1-35 E just east of properly. Please consider the complete corner to be changed to CM-G or at 34 Teasley intersection least DC-G including the hotel behind this site. RD-5 does not make sense for this area. The city has the amenities and the services for this area to develop at a higher density. 35 Bonnie Brae South Property has utilities to it. This should be a single family. It is not divisible at an RD-5 Zoning. Concerned that the zoning for this property would preclude new businesses to 36 Ft. Worth Drive North lease space from the existing structure. Would request an EC-C type of zoning for this area. Ft Worth Drive at 37 Massey Would like the property to be IC-E 38 122-124 Daugherty Change to a district that would allow warehouses. VI. DEVELOPMENT CODE POLICY ISSUES The Following items listed below are issues that have been identified during the implementation oI~the Development Code. The Future Zoning Map which addresses the potential zoning of property outside of the city limits has not been forwarded to the City Council by Planning and Zoning Commission. As this is 39 Future Zoning Map an amendment to the Comprehensive Plan and is PZ - 6/12/02 only a guide, it was not necessary to the adoption CC - 7/16/02 of the Development Code. It will however help in the formulation of other plans and policies to address growth and is therefore important to bring forward. Staff has previously discuss with City Council an interpretation that would amended the Development Code to clearly allow for Alternative ADP being public Development Plans (ADP) to be heard without a PZ - 6/26/02 40 hearings public hearing. The Chamber has also asked that CC- 8/6/02 the ability of ADPs to be final action by the Planning and Zoning Commission also be considered. The Sign Code was not updated as part of the adoption of the Development Code and needs to Sign Code including be incorporated. This will entail only changing the PZ - 5/22 41 Variable Sign terminology and inconsistencies and will not CC - 6/18 Messages change the policies contained in the document. A new provision would be to allow for motion signs as discussed previously with City Council. An issue has arisen regarding how the density is measured for multi-family developments. PZ - 7/10/02 42 Multi-family density Specifically, the use of units to calculate density CC - 8/6/02 for student housing may not be the best way to gauge impact. The Environmentally Sensitive Areas (ESA) regulations require that identified stream buffers be maintained and not disturbed. In discussions Stream buffer with Utilities, it has been suggested by staff that PZ - 7/24/02 43 regulations developers be allowed to disturb such streams if the activity can be mitigated. Utilities is currently CC - 8/20/02 working on regulations based on best management practice that would allow the staff review and approval of such activity. ATTAHCMENT 2 COMMENTS RECEIVED MAY 22, 2002 AT THE PLANNING AND ZONING COMMISSION MEETING NAME COMMENT / ISSUE o Review and clarify the definition of stacking o Review the requirement for restricting parking between the building and the street Weldon Davis for commercial buildings. o Connectivity - eliminate the requirement for connectivity between private properties. o Establish Green Building Standards and create incentives for energy efficient buildings and designs. Ed Soph o Re-examine Industrial Standards o Replace vacant position left Karen Mitchell o Consider rezoning the entire area between Prairie, Elm, Carroll & Eagle from NR-1 to NR-2 for redevelopment. Mrs. Haggard o ESA trees Mrs. Powell o ESA regulations are a taking. Dorothy Damico o Form a citizens committee to review the Development Code. o Although he understands and supports mixed-use development, the Bob Powell NRMU-12 zoning district is causing concerns with citizens, and we should consider getting rid of it. o Re-examine mapping/zoning in map quadrants L-6, L-7, K-6, K-7 and K-8. The general character of the area is rural with large lots Susan Apple and the zoning does not reflect that. Review NR-4 zoning along 377 south of Brushcreek. Joe Roy o Although believes that connectivity between lots is very useful, does not object to reviewing the issue. Salty Rishel o Agrees that a citizens committee should be formed for reviewing the code. o Do not need another committee. o The uses allowed in the NRMU-12 district need to be reviewed. The mixed-use character of the district does not provide any Bill Keith assurances for the neighborhood. Need to create a district that would allow only residential uses. o Review the size limitation (L 11) for restaurants in the MRMU district. See Attachment 3 for verbatim minutes associated with these comments. Attachment 3 CHAMBER OF COMMERCE May 17, 2002 Mr. Salty Rishel Distinct Designs 1003 West Oak Street Denton, Texas 7620! Dear Hr. Rishel: Thank you for the opportunity to provide input on the new Denton Development Code. The Denton Chamber's Development Oversight Committee is now in the process of re-examining some of its original policy concerns, and respectfully submits three proposed revisions. We are also reviewing the individual criteria manuals, and will offer suggestions when this process is concluded. Sincerely, ,/ · ~. ~.---.1~ Marry Rivers, Chair Development Oversight Committee 414 PARKWAY · RO. DRAWER P · DENTON, TEXAS 76202-1719 · (940) 382-9693 ACCREDITED CHAMBER OF COMMERCE CHAMBER OF COMMERCE OF THE UNITED STATES 1. Alternate Development Plans, The city staff and the Chamber spent weelcs reviewing the original draft of the proposed "site design standards" (now included in Subchapter 13 of the new Code) before they were adopted. Although obvious problems w/th the proposed standards were solved before the new Code was adopted, both city staff and the Chamber recognized that the full impact of the new standards would,uot be known until they were applied, together with the rest of the new Code, to individual projects during the site plan review process. To mitigate the risk that the new standards would have unforeseen and unintended consequences, city staff suggested that applicants for site plan approval should have the ability to submit an "alternative development plan" ("ADP") that would satisfy the objectives of the new Code and the Denton Plan but that would not satisfy all of the specific requirements of Subchapter 13. The ADP process, as originally proposed, would have been reviewed by city staff through the Development Review Committee ("DRC") and approved or denied by the Planning and Zoniug Commission ("P&Z"), with the applicant having the right to appeal a denial to City Council. Although the Chamber preferred an "administrative" process (i.e., staff approval or denial) with an appeal to P&Z, it supported the approach of requiring P&Z approval with an appeal to Council. A couple of days before adoption of the new Code, however, the city's legal department revised the ADP process to require a "Zoning Amendment Procedure" (Section 35.13.5). Consequendy, the new Code provides that an ADP will be processed as a zoning change, which essentially defeats the original purpose of the ADP process. After the new Code was adopted, the city staff and the legal department (through a written interpretation by the Director of Planning) clarified that the new Section 35.13.5 language did not apply to all ADPs, but only those ADPs that proposed changes that are required by state law to be treated as zoning changes. In other words, most ADPs would, In fact, be processed as originally proposed - through DRC for P&Z approVal/denial with an appeal to Council (but not processed as zoning changes, per se). Based on development experience since the new Code was adopted, the Chamber has two ADP recommendations for consideration by the City Council: a. Administrative Approval/Denial of ADPs. The Chamber recommends that the Council consider allowing city staff, through the DRC process, to approve or deny ADPS, with denials appealable to P&Z and City Council. City staff would however, have the option to defer entirely the decision on any given ADP to P&Z depending on the extent to which the ADP varies from the Subchapter 13 design standards. Obviously, this process would not be available for proposed design changes that are required by state law to be treated as zoning changes. It is the understanding of the Chamber that this administrative ADP approach 'is acceptable to city staff and the city's legal department. The Chamber believes that this administrative approach will provide a timely and cost effective method to (a) mitigate the unforeseen and unintended consequences of the new design standards and (b)provide the flexibility to use new and innovative design standards to achieve the objectives of the new Code and Denton Plan. 952000,00058:666180.01 b. Clarification of the Standard of Review. The standard by which ADPs are reviewed and approved is clearly set forth in Section 35.13.5; namely, that an ADP can be approved if it "meets or exceeds the design objectives of [Subchapter 13] but does not meet the standards of [Subchapter 13]." In other words, ADPs, by definition, w/il not meet all the. Subchapter 13 design standards. Recent comments by some city officials (to the effect that an ADP should be denied if it does not meet all the Subchapter 13 standards) suggest that the correct standard of review and approval has not been adequately explained by city staff and the city's legal department. 2. Front-of-Building Parkin_e. The new Code (Section 35.13.13.4.A.8, pg. 144) provides ~at, except along the interstate, parking areas for nonresidential and mixed-use buildings (not in a pedestrian district) shall be located behind builctings or on one or both sides. The Chamber recommends that Council consider deleting this restriction entirely. This restriction may be appropriate in a pedestrian district, but it does not seem appropriate for all other nonresidential and mixed-use buildings. The Chamber believes this restriction discourages commercial development and, therefore, places the city at a competitive disadvantage in attracting new development. 3. Lot-to-Lot Connectivity. The new Code (Section 35.13.10, pgs. 139-140) requires (a) all nonresidential development, excluding industrial, to provide external access to adjoining properties or developments and (b) internal cross access between lots withiu a subdivision, if necessary. These connectivity requirements are in addition to "street connectivity". These provisions give the city broad authority to require a lot owner to provide cross access to adjacent lots. These access rights are valuable to the respective property owners and should only be required when they will serve a clear public purpose. The mere fact that providing cross access between two lots may save a small number of theoretical trips between the lots should not entitle the city to dictate such access over the objection of the property owner(s). The Chamber recommefids that 'the Council consider modifying the external connectivity requirement to include the qualifying language "if necessary" which applies to internal connectivity. In addition, the Chamber recommends that the Transportation Criteria Manual include guidelines as to when such connectivity (both external and internal) may be required. 952000.00058:666180.01 Denton Code Quarterly Review, Wednesday, May 22, 2002 Please submit the following to the P&Z Commission on my behalf. I will be in Chicago next week and will be unable to attend the meeting. NRMU-12 and NRMU must require conditional zoning. The items in both of these categories are too broad and certain categories within NMRU-12 and NRMU would not be considered compatible with each other, yet they are classified under the same group of use categories. If the City doesn't want to micro-manage developers and allow the speculative zoning that is currently, in my opinion, getting out of control, the Code must be amended to make this requirement. Not requiring conditional zoning in NRMU-12 and NRMU is unfair to the landowner, developer, neighborhood and city. As a person who is currently opposing an NRMU-12 zoning change without and development plans, I have become very frustrated with this process. I can't argue the pros and cons in 3 minutes with 28 different use categories. If I knew which 1 or 2 were being propose I could argue the points and possibly not even oppose the zoning change because I feel the use category is appropriate for the area. If this zoning does get approved, P&Z, City Council and the neighborhoods will lose all rights to oppose any incompatible development that might be developed on that property. What do I suggest as a solution? I believe that anyone submitting a zoning change for NRMU-12 or NRMU must select between 1 to 28 conditional use categories with their petition. Then if they want to develop anything on this property if must meet the criteria of the categories or go back through another zoning change. They won't be required to develop something within each category but they would be unable to develop anything outside of the categories approved with the zoning. This will protect everyone since the neighborhoods have a guarantee of what type of development will go on the property and the owner and/or developer have a way of guaranteeing to the neighborhood their tree intentions. The only other alternative would be to breakup NRMU-12 and NRMU into multiple other zoning categories. (i.e.: NRMU-12A, NRMU-12B...) Thanks for you time and consideration. I believe the Denton Code is a great start to protecting and growing Denton into a wonderful city. With these quarterly reviews, we have the ability to tweak the Code based upon the actual experiences and lessons learned as the Code is enforced and used in actual P&Z cases. Jon Sellman 2208 Lookout Ln Denton, Tx 76207 Hm (940)-565-0631 Wk (972)-797-9635 Mobile (940)-206-4421 May 21, 2002 Dear Mayor, City Councit, and Ptanning and Zoning Commission Ptease take another took at our neighborhood. We rive in a cut-de-sac that was annexed into Denton in 1978. Our cut-de-sac contains 5 tots, with 4 homes that have been in existence for years and one unbuitt tot. The 5 tots range in size from 1.022 acres up to 2.003 acres. On the new zoning map, apparentty they have "overzoned~ our area to NR 2. This puts us in a very precarious position with regard to our wett-estabUshed neighborhood. With this new zoning, the owner of the vacant tot coutd compietety change the character of what we have worked so hard to create - a spacious, rurat feet. We have atso noted that across the street (in the as-yet-unannexed area att atong Brush Creek Road) you have "overzoned" that area to be HR 2 atso, yet those homes are on even targer tots, some on 20 to 40 acres and more. Ptease correct these apparent oversights and consider something more appropriate, such as NR 1. The future of our neighborhood is at stake. Thank you. 8008 Woodcreek Circte Argyle, TX 76226 940-243-1122 PLANNING .~:~ ~:¥ELOPMENT May 19, 2002 To~ City of Denton Planning and Zoning Commission Demon City Council and Mayor Re: Quarterly Review We would like to respectfully request that a zoning change be seriously considered to correct what must surely be an error in the zoning map. In section L6, in an area where every existing home within a 1.5 mile radius is located on at least an acre, with most homes being on lots of 2 to up to 100 acres, there is a large section of land designated to be NR 4. That would seem totally incompatible with the promise to "preserve and protect exisisting neighborhoods". The rural atmosphere and the large estate size lots, ARE the existing neighborhood and it is unfathomable that NR 4 would be seen as a reasonable designation to be "plopped" down in the midst of this. There are other concerns as well, as there is an environmentally sensitive area along one side of this area as well as continuous flooding problems. We request that this area be rezoned to NR 2 to at least accommodate some of our concerns. There is undeveloped land adjoining this area that has been designated as NR 2, and that would seem more appropriate. Thank you for your consideration. Henry and Lona Wolfe 4801 Argyle Lane HilIs of Argyle Denton, TX 76226 PLANNING & ~gEVELOPMENT PLANNING & DEVELOPMENT REOUEST TO ADDRESS AN AGENDA ITEM Please Print Address ci, Agenda Item I wish to speak on this item. I will speak in: Support ~ Opposition I do not wish to speak on this item, but would like the following comments circulated to the Commission: Support ~<' Opposition Time limit for regular agenda items is three minutes and five minutes for public heatings. A l~,~i*;,~.~,ar h~e l ~ rnlmlto..q to speak on an aoolication. REQUEST TO ADDRESS AN AGENDA ITEM Please Print Name Address Agenda Ite~m- ~ ~,/~,~L ~..~_.~ I wish to speak on this item. I will speak in: Support Opposition Bo I do not wish to speak on this item, but would like the following comments circulated to the Commission: Support ~ Opp. osition - . Time limit for regular agenda items is three minutes and five minutes for public hearings. A Petitioner has 10 minutes to speak on an application. REOUEST TO ADDRESS AN AGENDA ITEM Please Print Address /~ ~ , , :~.~'~ ,~ / , zip Cod -'" ' ~ I Msh to s~ on tbs item. I ~ s~ in: .,- Support Opposition /.----..~ ,\ ( B.,.,'i I do not wish to speak on this item, but would like the following comments circulated to "-.---~,' the Commission: CondcnsoltTM I COMMISSIONER RISHEL: We have a quormn, 2 Commissioners, and we will continue our regularly 3 scheduled meeting of the Planning and Zoning Commission. 4 Mr. Reichhart, this is regarding Item No. 7 on our 5 Agenda and Mr. Reichhart will present. 6 MR. REICHHART: xhank you. Before us we 7 are having a public forum to receive comments to be 8 included in the first quarterly report on the Development 9 Code. As you might recall when the Development Code was 10 approved, there was a condition, if you would, that there 11 would be at least four reports done the first year on any 12 issues or concerns that have come up, try to keep an eye 13 on what is happening with the Code to see if it needs any 14 tweaking or any revisions. And tonight is that first 15 public forum. 16 Any of the comments that are provided us 17 tonight we will forward to City Council, including 18 anything that the Comnfissioners might want. There is a 19 Work Session scheduled for June 4th with City Council to 20 discuss this item. And from that, a nmnber of action 21 items could happen. Thc Council could direct staff to 22 seek revisions to the Code. We could start categorizing 23 the revisions and determine a schedule when revisions 24 would be determined or come forward. But any revisions to 25 the Code would require public hearings. They would come Page 2 1 back to the Planning and Zoning Commission for a 2 recmmnendation and then on to the City Council for final 3 determination. With that, I will answer any questions 4 that you may have. 5 COMMISSIONER RISHEL: Mr. Reichhart, it 6 might help everyone, citizens included, if we understood 7 who made up the conunittee at this time and how they were 8 appointed to the committee and what the recommendations 9 are. l0 MR. REICHHART: which committee? 11 COMMISSIONER RISHEL: Con'unittee regarding 12 the Code recmm'ncndations. 13 MR. REICHHART: Right now there really 14 isn't a cmmrfittee formed right now. We have been -- staff 15 has been tracking a number of issues that have come up. 16 Anything from, you know, simple spelling issues or typos 17 in the staff report to items that we have seen as issues. 18 And then -- and, again, that could be an outcome of the 19 quarterly report is to form a con'unittee or a commission to 20 review that and determine what revisions, if any, needed 21 to be made. 22 COMMISSIONER RISHEL: I believe we have 23 some other questions from Cmrunissioners. Cmmnissioner 24 Mulroy. 25 COMMISSIONER MULROY: Yes. Thank you, Mr. Attachment 4 Page 3 I Chairman. Just on a parliamentary matter, we're not 2 voting anything up or down. We're accumulating comments 3 that you have on record and from the audience and that 4 Conunissioners may make, and this we will forward on to 5 City Council. Is that the purpose tonight? 6 MR. REICHHART: that is correct. Along 7 with our staff report, the City Council will get the 8 minutes from tonight. We have, to date, received, you 9 know, two written responses. One from a public citizen 10 and one from thc Chamber that -- you have copies of those. 11 Those will be forwarded. I was handed tonight three 12 additional letters. They will also be forwarded on with 13 this report. And then anything we receive between tonight 14 and June 4th will also be included in that report. 15 COMMISSIONER RISHEL: COlrkmissioner Keith. 16 COMMISSIONER KEIT~: thank you. Since the 17 new Code and we've had petitioners coming before us, one 18 of the areas where it's probably created the greatest 19 amount of difficulty and friction has been NRMU-12 20 designation, in that most of the petitioners seeking that 21 classification are also intending on building apartments, 22 yet this is a classification that has how many, what, 26 23 different uses. And I think and I can go back to the 24 Wolski petition in which the neighbors, landowners in the 25 area were very concerned about what was going to be placed Page 4 1 inside those in NRMU-12 regions. Although it was being 2 designated towards apartments, they had a lot of 3 reservations because of the broad scope that this was 4 allowed. 5 I think it would be in the interest, 6 particularly to those people who are targeting apartment 7 construction, that the corm~ittee work on a classification 8 that specifically deals with apartments and the number 9 that can be placed upon a lot or in an area, such as the 10 petition we had tonight on the one on North Elm Street 11 where we had, what, 8/10th of an acre or two acres, 12 something like that, where we had one person opposing it 13 because they didn't know how many could be placed on 14 there. I think this is what we need to really narrow this 15 down. And I think it would also give the adjacent 16 property owners a greater amount of input upon what's 17 going to be, who their neighbors are going to be and 18 what's going to be placed there. 19 MR. REICHHART: And I don't have an answer 20 for that or a solution but that comment will be forwarded 21 to City Council. 22 COMMISSIONER KEITH: well, I think it's 23 something that really needs to be looked at closely 24 because this is an item that has been generating the 25 greatest mnount of fuss mnong neighbors of developing MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5/22/02 Page 1 - Page 4 CondensoltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 properties. Because they're saying, hey, we're going to lose control over how this property will eventually be used because it has this broad band of uses. And then I think we need to just have a classification for apartments only and how many per acre and size of lot and work in that direction rather than just lumping it in there with NRMU-12. Thank you. COMMISSIONER RISHEL: once again, let me make a co~mnent that we would like to have anyone who would Page 7 matter of notification, basically. MS. PALUMBO: Can I -- I believe that we have in the Code right now that alternative development plans are noticed for public hearings as required by State law. And the ones that would have to be a public hearing under State law would be, for exmnple, somebody that wanted to exceed the square footage, because that square footage is a zoning aspect of it. So we put that general statement in there, but I think the development community like to address the Colmnission. As they came into the building, they have an opportunity to fill out a card. And if you would fill out a card regarding the different items on our Agenda, if you would like to speak and address the Conm~ission regarding that, we would certainly like to have you take part in this process. We are dealing right now with Item No. 7 on our Agenda and we are welcoming pubhc input as this is a public formn. And I still have a question from Cmmnissioner Roy. COMMISSIONER ROY: Mr. Reichhart, in our package that was handed out, page 4, it talks about the Comprehensive Plan changes. Please confirm the writing under the description on the right-hand side of the page, that's the landowners' comments and those are old perhaps. MR. REICHHART: Yes. Those were the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wants us to list out what really has to go to public hearing and what really does not have to go to public hearing rather than just have the general reference to State law. COMMISSIONER ROY: SO it's an efficiency kind of thing? MR. REICHHART: Yes, sir. COMMISSIONER ROY: Thank you. COMMISSIONER RISHEL: Mr. Reichhart, would you care to smmnarize the things to date that seem to be the biggest concerns at this point in time? MR. REICHHART: I believe Mr. Keith did hit upon one of those, the mixed use aspect of NRMU-12. staff has noted that the, although it hasn't been an issue yet, we feel it might be, stream buffers and the inability right now in the Code to really mitigate those. We feel Page 6 1 connnents -- 2 COMMISSIONER RISHEL: It'S a staff 3 summation of what -- 4 MR. REICHHART: Yes, it's a combination of 5 staff, a smnmary, and the applicant's request. And those 6 were the comments that were received during the -- at the 7 time of the public hearing, December 4th I believe it was. 8 And at the time, City Council decided not to act on those 9 but to come back at a later date to look at what, if :10 anything, were going to be done with those Comprehensive 11 Plans, if the City would initiate a plan or it would be up 12 to the applicant or the landowner to come forward with 13 that. And to date, nothing has been done with those. 14 COMMISSIONER ROY: One more question for 15 you. This Item 40 about ADP'S being public hearings. 16 Could you give me a little background of what's that 17 about? 18 MR. REICHHART: The -- and perhaps Dottle 19 could interject here, too. But I believe the question is, 20 is it really a zoning issue. You know, we looked at 21 landscaping, parking lot configuration, impervious area in 22 that last ADP that we had. And the question really is, is 23 that a zoning issue that requires a public hearing or is 24 it simply an issue that would have to come forward, you 25 know, to the Planning and Zoning Commission. It's a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 there is a way to mitigate any development within a stream buffer. I think one of the big ones is parking between a building and a street. You know, our rcquirmnent except on 35, 1-35 to require that the street be up on the right-of-way or at the setback and no parking be between the building and the right-of-way. I believe those are the major ones. COMMISSIONER RISHEL: At this point in time. tonight. MR. REICHHART: At this point in time. COMMISSIONER RISHEL: okay. MR. REICHHART: There might be more after COMMISSIONER RISHEL: conunissioners, any further questions of Mr. Reichhart? And I do have several comment cards from citizens that would like to speak. Anything further, Cormnissioncrs, of Mr. Reichhart? Thank you very much, Mr. Rcichhart. MR. REICHHART: And I would -- one more just came to mind and it's still -- and it's not a big huge issue but it's mapping issues and, you know, even the Blagg Road area that was brought up in our last Work Session is an issue, too, I believe. COMMISSIONER RISHEL: Thank you very much, Mr. Reichhart. Once again, I have several people that MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5/22/02 Page 5 - Page 8 Condcns¢ItTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 have filled out cards and have requested to speak to the Covmnission regarding Item No. 7 on our Agenda. And if you would limit your comanents strictly to Item No. 7, we would appreciate it. The first card that I have is from a Weldon Davis. Is Mr. Davis here? MR. DAVIS: Yes, I am. COMMISSIONER RISHEL: Thank you, sir. And the next card is going to be from Mr. Ed Soph. MR. DAVIS: Mr. Chairman, members of the Conunission, thank you for your time tonight and, again, I thank you for the service you do for your colmnunity. I am speaking to you tonight on Itmn 7. That is your quarterly review of the Development Code. The Development Code was adopted February the 5th. It was not a unanimous vote of the Council. There were several Council members that were reco~mnending, strongly recommending continued postponement until the docmnent, the volmninous document got perfected. That couldn't happen. The things that I have seen, and you-all have seen me recently a couple of times -- but first I'd like to ask another question or repose the question, Chairman Rishel, that you asked of Mr. Reichhart. Because I thought also that there was a co~mnittee or a task force made up of certain members of the business conununity through the Chamber and certain members of the City staff Page 10 that were the task force that were working on this. Am I incorrect? COMMISSIONER RISHEL: Mr. Reichhart. MR. REICHHART: staff has continued to meet with the Chamber of Co~mnerce. The Chamber of Conmnerce has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 that committee is closed because I've inquired of that of the Chamber, but thank you. You have seen me a couple of times recently. On April 24th, you approved a special sign district that we brought forth. That was subsequently approved by the City Council. And on May 8th, you approved the final plat of a 7.5 acre commercial subdivision that we am developing. In saying that, Pm only stating that we have experienced very closely the new Code and we're going to be recommending to you and to the Council and to that Chamber task force several things that we see as specific and definite items that need further consideration. The first one -- COMMISSIONER RISHEL: And we welcome your input. MR. DAVIS: Thank you. The first one that I'm referencing tonight is what I will call, in general, the stacking issue or stacking definition of traffic and transportation. To generalize again, and your staff might want to change the opinion or definition of this, but to generalize, stacking is a traffic control term or a traffic control issue. It specifically or plainly means that any time a flow of traffic is turning generally a 90 degree turn left or right or actually right turn that they're turning out of the flow of traffic into a parking Page 12 lot, generally again, that there is a certain safe distance that is required, assuming how many, what is the capacity of that space they're turning into and then calculating how much space needs to be spaced or stacked between the first turn; i.e., a road corner, and the next 1 2 3 4 5 6 a co~ranittee set specifically to keep review of the Code, 7 but it is not through the City that that was formed. And 8 the City staff has continued to meet with those, with the 9 Chamber approximately once a month, I believe, to go over 10 any issues and concerns that have come up. But besides 11 that, there is no City-formed co~mnittee though. 12 MR. DAVIS: It seems, if I remember 13 correctly, that on the vote for adoption of the Code on 14 February the 5th that Councilman McNeil posed and had the 15 agreement at that time that that group would continue. Is 16 that correct? 17 MR. REICHHART: I honestly don't recall. 18 COMMISSIONER RISHE[: I think the feeling 19 was that they were going to continue to operate in the 20 format that they had before but it was not a City 21 government sanctioned body at this point in time. 22 Ma. DAVIS: okay. I would like to -- 23 COMMISSIONER RISHEL: But they're welcome 24 to participate. 25 Ma. DAVIS: Thank you. Well, actually, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 turn; i.e., the turn into a parking lot. Section 35-1310(a)(1)(A), page 135 of the Code, defines the requirement for stacking, that stacking shall be provided. Section 4.1C of the Transportation Criteria Manual, which is your support manual for that requircanent, page 65, defines stacking. I must say that we were astounded and confused by the great variance in our interpretation and that of not one but four traffic consultants who we asked about this, our understanding and that of staff. This is one of two things that looks like is going to require us to come before -- will delay our development even further and come before you again to ask for a variance from the opinion. COMMISSIONER RISHEL: YOU have a minute. MR. DAVIS: okay. So that area -- that is one item that I would request and recommend a review and a clarification of stacking. COMMISSIONER RISHEL: And you're saying it would be nice if they were consistent? MR. DAVIS: oh, it would be nice if they MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5/22/02 Page 9 - Page 12 CondcnscltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 Page 13 1 were consistent, yes. 2 COMMISSIONER RISHEL: Thank you. 3 MR. DAVIS: Second is parking in front of 4 commercial buildings. I'm not going to spend time with 5 that. You know it. It's come from Chmnber. It is not 6 beneficial to businesses. It's detrimental to say that 7 you're prohibiting traffic, parking in front of buildings. 8 That should be revisited. It should be changed. 9 Third is connectivity. Section 10 35-1310(a)(1)(A), we're recommending that it be revised 11 to eliminate the requirements for connectivity from 12 private property to private property. Specifically, this 13 is another traffic tool. The definitions in your Code 14 that require connectivity require it in the reference of 15 stating that it be allowed to have connectivity 16 inner-property, private property to private property, to 17 allow multiple properties to use single curb cuts and 18 driveways. 19 COMMISSIONER RISHEL: Thank you, Mr. Davis. 20 And if you have some written co~xunents and would like to 21 submit those to staff, we'd be more than happy -- 22 MR. DAVIS: I will submit these and others 23 that we didn't have time to state to you, as well as to 24 Council. Thank you. 25 COMMISSIONER RISHEL: Thank you very much. Page 14 We appreciate your input, once again, into the system. Mr. Ed Soph. And the next person I would ask to come forward after Mr. Soph would be Ms. Karen Mitchell. Page 15 1 being enforced other than the Wringlcman chart. 2 And, third, apropos of what happened when 3 Mr. Roy asked to see an environmental staff member, as far 4 as I know at this point the position of environmental 5 compliance manager that was held by Julie Smith has not 6 been filled. And I think it's important that it is so 7 that we do have someone to oversee the environmental 8 components of the Code. Thank you very much for your 9 time. l0 COMMISSIONER RISHEL: Thank you, Mr. Soph. 11 Ms. Mitchell. And the next person ! have here is Dorothy 12 Dmnico, and I don't have a cormnent that she is hcrc 13 or would like to speak, but I do have a comment card. And 14 then a Joy Powell. 15 MS. MITCHELL: Mr. Chair, members of the 16 Planning and Zoning Commission. I come before you this 17 evening -- 18 COMMISSIONER RISHEL: MS. Mitchell, would 19 you give us your name and address again? 20 Ms. MITCHELL: Yes, I will. It's Karen 21 Mitchell with Mitchell Group, 7823 Nine Mile Bridge Road 22 in Fort Worth. I want to just commend the City in general 23 for adopting a Code and then allowing for quarterly 24 review. As a former staff member, it's wonderful because 25 you don't really know what the issues arc until you really Page 16 start implementing. And for that, I do co~m~end the City for doing that. I think that's great. I have been asked by a number of property MR. SOPH: Hello. My name is Ed Soph. I live at 1620 Victoria. And I have three brief points which I would like to have passed on to Council for consideration in the quarterly review of the Code. The first point is the examination of 4 owners that live in this particular area right here, that 5 the City -- let me just, instead of just pointing it out, 6 bounded south of Prairie, east of Carroll, west of Elm, 7 and north of Eagle, to come before you-all to see if 8 you-all would consider doing a change from the DR-1 to the establishing green builder initiatives in the Code, such as already have been implemented in Frisco, and the formulation of incentives to encourage energy conserving construction and the use of renewable energy resources such as solar and photovoltaic cells. Secondly, I'd ask for a re-exmnination of the industrial performance standards and the outdated and inefficient Wringleman chart which is used to enforce them. The Wringleman chart is based upon visual pollution, meaning that they look at the opacity of the emissions. It was something that was established when coal was used a lot. And when the smoke came out really black, they said that's not good because it's going to hurt the air. Well, today's emissions often are invisible and just as toxic, if not more so than the emissions from those old coal plants. So I think that it should be looked at that those standards should have another way of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR-2. The reason for this, the area that is mostly bounded is cmmnercial type or downtown core commercial type uses on this. In the middle here, all this property is zoned the DR-1. In looking at the goals and objectives and strategies in the Denton Plan, it talks about areas that are in your downtown university core that you want to try to encourage a more diverse type of housing mixture. In the DR -- incidentally, this particular area falls within that, that area. In the DR-l, the housing mix that you get is single-family and duplex. But as I read the Denton Development Plan, you also want to try to encourage a mixture of single-fmnily, duplex, as well as multi-fmnily condominium, town houses, and residences that are over businesses, the combined. And given the proximity of this to the downtown area, I've been asked that the City look at taking the properties that are already completely MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5/22/02 Page 13 - Page 16 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 surrounded -- or not completed surrounded -- are mostly surrounded by commercial that falls in the middle here, to reconsider this entire area for the DR-2 so that they could have a more, a better opportunity to redevelop properties in this area more in line with what the Denton Development -- or the Denton Plan, excuse me, the Denton Page 19 Seeing no other cards, I do have some comments from Conunissioners. Conunissioner Keith. COMMISSIONER KEITH: Thank you. I wish to address Ms. Haggard's card. I think this makes the second time or more that she's been before this Commission regarding this issue. I would very much like to request Plan is targeting. And with that, it's just -- that was it. Short, sweet, and to the point and wanted to pass this along to you. COMMISSIONER RISHEL: xhank you, Ms. Mitchell. MS. MITCHELL: You're welcome. COMMISSIONER RISHEL: Once again, I have several other cards. Some of these do not appear to be people that would like to speak at this point in time. I'm going to read off the names of the people that, to the best of my understanding, do not wish to speak at this time, but did want to present a card to us for their recommendation. One was Dorothy Damico. Is Ms. Damico here? I did not see Ms. Damico. Joy Powell, Ms. Powell, arc you here? Would you care to speak? Okay. And the 7 of the Planning Department to have by our next meeting an 8 answer to her question, her problems, and address this 9 issue and have it be on our next Agenda for specifically 10 clarity. This lady has a trelnendous amount of worry about 11 it. I think we need to take care of this matter 12 posthaste. Thank you very much. 13 COMMISSIONER RISHEL: commissioner Powcll. 14 COMMISSIONER POWELL: I have two things I'd 15 like to discuss, Mr. Chairman. The first would be -- I 16 feel exactly as Mr. Kelth does about this problem that Ms. 17 Haggard has. I'I1 tell you right up front I don't 18 understand it. I don't mean that I don't believe it. I 19 mean, I don't understand it. So I would appreciate, too, 20 an explanation of it at our next meeting and also an 21 explanation of what Planning and Zoning can do about it, 22 if anything. If we can't do anything, tell us. If there 23 are things we could do, tell us. next card was Wihna Haggard. Ms. Haggard, would you care to speak? please? Page 18 MS. HAGGARD: would you read the card, 1 2 3 COMMISSIONER RISHEL: I will read the card. 4 Ms. Haggard's card says she'd like to remove restrictions 5 from my property. The City wants to take 7.5 acres for 6 open space purposes. And that was Ms. Haggard's card. 7 And Ms. Powell's card says, this is a shmne 8 -- it is a shame that the City ever had thought of taking 9 someone's property. This is stealing on the City's part l0 and we are taking -- I'm not quite sure I can read that. i 1 Okay. 12 And Ms. Damico's card was conunenting that 13 for many hours residents, staff, elected officials, and 14 appointed officials have gone over the Development Plan 15 and Code. Residents need to continue to be a part of this 16 process. I believe that the citizens' committee -- that a 17 citizens committee is needed to monitor the quarterly 18 reviews such as a citizens cormnittee should be appointed 19 by the Council, should have staff briefings, and should 20 have a regular scheduled meeting quarterly. 21 So we appreciate the comments. Do I have 22 any other cards that have been put forth regarding Item 23 No. 7on our Agenda? Any other cards regarding Item No. 24 7 on our Agenda? Once again, I make the comment that 25 this is a public hearing and we welcome your input. 24 25 Second thing I'd like to discuss is NRMU-12. I'd like to piggyback off Mr. Keith again and Page 20 1 offer this letter by Mr. Selhnan that's in the backup. It 2 appears to me that there's about five people in the City of 3 Denton that truly appreciate NRMU-12, me and about four 4 others. Consequently, I don't think it's ever going to 5 fly without a lot of hassle. I appreciate mixed use 6 zoning. I come from there. I understand it. I like it. 7 I'd like to see more of it. But there can't, other than 8 some members of the staff, there can't be four other 9 citizens in the whole City that want it. So why don't we 10 get rid of it and do something sensible that the people in 11 Denton want. I just thought I'd pass that on. 12 COMMISSIONER RISHEL: Your comments are 13 well received. Commissioner Keith. 14 COMMISSIONER KEITH: Thank you. I'm sorry 15 for trying to grab the mike again but there was one other 16 issue that I think -- 17 COMMISSIONER RISHEL: You have the floor. 18 COMMISSIONER KEITH: -- that I think we 19 need to -- I'd like to bring up. It's under the Tax Code. 20 I'd ask the attorney a question on this or Mr. Reichhart. 21 Whenever the property is zoned, cow pasture, zoned to 22 whatever, and let's say NRMU-12, the taxes don't 23 necessarily, won't increase on that, go to that category, 24 correct? 25 MS. PALUMBO: That's correct. MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5/22/02 Page 17 - Page 20 CondcnseItTM Page 21 1 COMMISSIONER KEITH: But when it is 2 platted, it is then tax accessed accordingly, correct? 3 MS. PALUMBO: I d°n't believe that's 4 correct. I think it's when the property is actually 5 placed into use that the Appraisal District appraises it. 6 Because if it's platted and it's still vacant, there's no 7 use on the property. 8 COMMISSIONER KEITH: well, I've had a few 9 landowners that have questioned me on this and they have 10 gotten a different opinion. 11 COMMISSIONER RISHEL: I think Mr. Reichhart 12 would like to try to field that for you. 13 COMMISSIONER KEITH: Okay. So I think we 14 need to clarify this. 15 COMMISSIONER RISHEL: I think he has an 16 answer. 17 MR. REICHHART: NO, I don't know if I have 18 an answer, but I think we do need to clarify it, maybe we 19 can do that. But I do believe that once the property is 20 platted, specifically into a single-family subdivision, I 21 do believe the -- that your taxes would be associated with 22 individual single-fmnily lots. 23 COMMISSIONER KEITH: Even though they 24 haven't broken ground, correct? 25 MR. REICHHART: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 92 23 24 25 Page 22 COMMISSIONER KEITH: Okay. I think that needs to be made clear to the landowners when they file for plats, for development plats. Because they may want to get a plat but it may sit vacant for two to three years Page 23 1 COMMISSIONER RISHEL: I bet we can make 2 that an item on the Agenda somewhere if that would help 3 explain things to everyone. 4 COMMISSIONER KEITH: Thank you, Mr. 5 Chairman. 6 COMMISSIONER RISHEL: Commissioner Roy. 7 COMMISSIONER ROY: On that same item, I'm 8 interested in discussing it further, too. But, Mr. 9 Reichhart, is that something that came with the 10 Development Code or is that just an old existing issue? i 1 MR. REICHHART: It did not come to light 12 because of this Development Code. 13 COMMISSIONER ROY: SO it's really not a 14 Development Code issue but it's worth discussing but it's 15 not part of this item on the Agenda, I think. 16 COMMISSIONER RISHEL: I don't think it 17 affects the mechanism. The mechanism is going to be the 18 same, just better that we understand it. Commissioner 19 Apple. 20 COMMISSIONER APPLE: I just wanted to 21 forward something for the quarterly report to the City 22 Council. I'd like them to take another look or have staff 23 take another look at some items on the map. In 24 particular, L6, L7, K7, KS, and part of K6. It's a vastly 25 rural area that has had homes in existence for, in some cases, 25 years. And with the future zoning map, apparently it has all been overzoned NR-2, which just seems incredible to me. Also, a large part of the Denton Country Club Golf Course has been zoned NR-2 which seems before it's sold-- before they break ground on it. COMMISSIONER RISHEL: Mr. Keith, would it help us if we invited one of the County appraisers? COMMISSIONER KEITH: Yes, it would. COMMISSIONER RISHEL: Mr. England or interesting. And then there is a strip along Highway 377 that apparently is right next to a large cattle farm and a large horse farm but, for no apparent reason is zoned NR-4. and I guess I don't know if that's an error in the mapping program or what, but I'd like to have smneone take someone to maybe join us at one of our meetings and give us an explanation of that. COMMISSIONER KEITH: DO we want it to be at a Work Session or a hearing? COMMISSIONER RISHEL: I certainly think it would help us if it were open to the public. COMMISSIONER KEITH: Yes, it would. COMMISSIONER RISHEL: Although all of our meetings are open to the public. COMMISSIONER KEITH: Yeah. But, I mean, do we want to have a Work Session on it? COMMISSIONER RISHEL: I just throw that out. I'm sure that they would be happy to provide someone that would be able to clarify that for you. COMMISSIONER KEITH: I would rather have it at a session as we're having now. 10 a closer look at that. 11 COMMISSIONER. RISHEL: Thank you, 12 Cmmnissioner Apple. Mr. Reichhart. Just a couple of 13 conunents. I have several letters Ihat we have received. 14 One of which is from the Chmnber of Conunerce, Mr. Marry 15 Rivers, and we will submit -- I believe this has already 16 been submitted to the City and the Planning and Zoning 17 Co~mnission as reco~mnendations from the Ch~unber of Conunerce 18 in what is called the Development Oversight Conunittee. 19 And, Mr. Davis, you may want to get in contact with Mr. 20 Rivers who chairs that if that would help you in keeping 21 up with things and making your eonunents and other things. 22 I believe Mr. Reichhart has another couple of conunent 23 sheets. 24 m~. REICHHAP, T: Yes. And it's very similar 25 to Cmmnissioner Apple's concerns. One was from David Page 24 MINUTES ON DEVELOPMENT CODE QUARTERLY MEETING 5~22~02 Page 21 - Page 24 CondcnseltTM Page 25 1 Yoder, 940 Brush Creek Road, and it's very similar between 2 NR-2 zoning and, you know, some existing NR-4, in that 3 there are very large lots out there. 4 Henry and Lona Wolfe, 4801 Argyle Lane, and 5 again it's very similar to that same area, there's a lot 6 of NR-4 zoning and probably should be sR-2 or NR-1. 7 And, finally, from Dennis and Sharon Cox, 8 8008 Wood Creek Circle, there is an existing cul-de-sac 9 that is subdivided into one-acre or greater lots, one to 10 two-acre lots, and it's zoned NR-4. ^nd they'd like 11 reconsideration to an NR-1. 12 And these will be forwarded to City 13 Council. 14 COMMISSIONER RISHEL: once again, this is a 15 public hearing and all co~mnents will be forwarded to City 16 Council. Anyone else who would like to speak regarding 17 this item, Itmn No. 7 on our Agenda? Thank you very 18 much. I will close the public hearing at this time. 19 Co~mnissioners, any further colmnents or questions or 20 recommendations? And, once again, all items that we've 21 heard are part of our minutes and the information we've 22 received tonight will be submitted to City Council. 23 Commissioner Roy. 24 COMMISSIONER ROY: I would just like to 25 co~mnent on this connectivity one. Maybe I'm the only one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 that uses that but I find that lot to lot connectivity a very useful feature and it keeps me off the main road when I move from place to place. And, in general, I think it's a good concept. Now, I don't object to relooking at if it's too broad or something, but I believe it's very good, and I just wanted to state that. COMMISSIONER RISHEL: And I would like to encourage the formation of a citizens/staff committee that can put our input together and digest it and then work to the betterment of the City of Denton and the direction we try to take in making and facilitating the very best Denton we possibly can. So I'm sure that those will go forth. Cm~nissioner Keith. COMMISSIONER KEITH: I just wish to remind thc Chairman though, I think we have enough in place with the Commission to review these. As far as another citizen -- we've got the Chmnber of Commerce. And like the old saying goes, a camel was a horse designed by a conunittee. I think we need to start getting this down and refining it. Thank you very much. COMMISSIONER RISHEL: Thank you, Commissioner Keith. Once again, I have closed the public hearing and we appreciate your conu~ents. MINUTES ON DEVELOPMENT CODE QUARTERLY MEET1NG 5/22/02 Page 25 - Page 26 This page left blank intemionally. Agenda 02-019 06/04/02 WS#2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: June 4, 2002 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to Council Committees. BACKGROUND Members of the City Council serve on designated standing committees to afford policy guidance and direction to the staff. The committee assigmnems are reviewed annually by the City Council to allow the opportunity to make adjustmems if necessary. The attached information provides a brief history of each Council committee plus includes a listing of current assigmnents. Respectfully submitted: Jennifer Walters City Secretary CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee was established by Ordinance 96-085. The ordinance indicates that the Agenda committee will be composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager. This ordinance was amended by Ordinance 2001-204 that increased the number of Council Members on the Committee to two to be selected by the Council. AUDIT COMMITTEE The Audit Committee was started in 1992 but does not have any formal enactment document. Audit standards recommend independent representation on the committee. Current members include the Mayor (a permanent position), two council members, the Internal Auditor, the City Manager, the Assistant City Manager for Fiscal & Municipal Operations and the Assistant City Manager for Utilities. Council membership on the committee may be as many or as few as desired. INVESTMENT POLICY COMMITTEE The Investment Policy Committee was enacted by Policy #408.04. The Policy indicates that the members will consist of the City Manager, Executive Director of Finance (now the Assistant City Manager for Fiscal & Municipal Operations), the Director of Fiscal Operations, Mayor and one member of the City Council. VISION COLLABORATIVE The Vision Collaborative was enacted as an outgrowth of a report from the Vision Subcommittee. That report recommended that the membership of the Collaborative include one representative from each of the sponsoring organizations (the City of Denton, Denton Chamber of Commerce, Denton Independent School District, Denton Record-Chronicle, Denton United Way, Texas Woman's University, and the University of North Texas). The representatives serve for two-year terms with reappointment at the discretion of the sponsoring organization. LALOR FUND COMMITTEE Started in 1995, the Lalor Fund Committee does not have any formal enabling document. The Committee was started at the request of the then current Council to monitor the allocation and use of the hotel occupancy tax and make recommendations to the full Council to ensure that the tax is being used to promote tourism and the hotel and convention industry. The original membership resulted from council members who were interested in the issue at that time. There is no set number of Council members who can serve on this committee. COMMUNITY JUSTICE COUNCIL The Community Justice Council was established according to Article 42.131 of the Texas Code of Criminal Procedure. That Article indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. LAKE RAY ROBERTS PLANNING AND ZONING Enacted by S.B. 209, the Lake Ray Roberts Planning and Zoning consists of 3 residents of affected precincts who own land in the County appointed by the County Judge, one resident of each commissioners precinct that is affected appointed by the County Commissioner for that precincts, and the Mayor or his designee that includes any part of the lake area in the county. CONVENTION AND VISITOR B UREA U The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors, it operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Bureau consists of an Advisory Board that makes recommendations to the Chamber of Commerce Board of Directors. This Board includes Chamber members, community volunteers, and a city council representative. JOINT TAX ABATEMENT COMMITTEE This Committee is enacted through the Tax Abatement Policy. The committee serves as the recommending body to the taxing entities regarding whether economic development incentives should be offered in each individuals case. The committee is comprised of two elected officials from each of the taxing entities involved (the City of Denton, Denton independent School District, and Denton County). ENVIRONMENTAL COMMITTEE There is no official document enacting the Environmental Committee. The Committee was started in 1998 at the request of two Council members who were interested in tracking water and air quality issues as well as environmentally sensitive areas. No specific number of members has been set for this committee. DALLAS REGIONAL MOBILITY COALITION In, 1997, the City of Denton entered into an interlocal agreement with the Dallas Regional Mobility Coalition for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation. The Executive Committee administers and governs the affairs of the Coalition. it consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non-elected official) appointed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Based on Denton's population, one Executive Committee seat is available to be filled by the Mayor or another elected official. Mayor Brock has asked Council Member Burroughs to be the City's designee to the Coalition. REGIONAL TRANSPORTATION COUNCIL Since 1974, the North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPa) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) is the policy body for the MPa. The RTC consists of 37 members, predominantly locally elected officials, overseeing the regional transportation planning process and project selection. The City of Denton has one representative on the RTC. COUNCIL MOBILITY COMMITTEE There is no official document enacting the Council Mobility Committee. The Committee was started in 2001 at the request of the Mayor. No specific number of members has been set for this committee. CITY COUNCIl, COMMITTEE,q 2001-02 AGENDA COMMITTEE City Manager Conduff Council Member Burroughs Council Member Redmon AlII}IT COMMITTEE Mayor Brock Council Member Phillips INVE~qTMENT POI JCV COMMITTEE Mayor Brock VACANT I,AI,OR FIINI} COMMITTEE Mayor Brock Council Member Phillips Council Member Redmon COMMUNITY .HI,qTICE COUNCIl, Council Member Redmon I,AKF, RAY RORERT~q P ,~ Z VACANT CONVENTION ,e~ V[qlTOR~q RIIREAII VACANT Council Member Fulton JOINT TAX ARATEMENT COMMITTEE Council Member Phillips Council Member McNeill ENVIRONMENTAl, COMMITTEE Council Member Fulton VACANT Council Member Phillips Mayor Brock I}AI,I,A~q REGIONAl, MORII JTY COAl JTION Council Member Burroughs REGIONAl, TRAN~qPORTATION COUNCIl, Council Member Burroughs COUNCIl, MORII,ITY COMMITTEE Council Member Burroughs VACANT Council Member McNeill Mayor Brock NOTE: Vacant positions are those previously filled by Mayor Pro Tem Beasley This page left blank intemionally. Agenda 02-019 06/04/02 #6 AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2002 DEPARTMENT: ACM: Airport and Transit Operations Jon Fortune, ACM, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance approving a commercial operator Airport Lease Agreement between the City of Demon and John Kristoferson; and providing an effective date. BACKGROUND Dr. Kristoferson wishes to lease a parcel of land totaling approximately 14,400 square feet of land at the Denton Municipal Airport. The terms of the lease will obligate Dr. Kristoferson to construct a hangar facility within 720 days. This facility will be constructed for the purpose of commercial or general aviation aircraft storage. The lease will require the City to either extend the current taxiway or provide a lease credit to Dr. Kristoferson to extend Taxiway I approximately 80 feet. Dr. Kristoferson will be required to construct necessary infrastructure to access Taxiway I and access roads. OPTIONS I. Approve the lease as proposed. II. Provide staff direction with additional lease options. RECOMMENDATION The Airport Advisory Board and staff recommend the approval of the lease as proposed. ESTIMATED SCHEDULE OF PROJECT The lease would become effective June 5, 2002 and continue through the 4th day of June 2032 (30 years). The lease also provides for two successive option terms often years each. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease. The Airport Advisory Board recommends approval of the lease as presemed. FISCAL INFORMATION The lease rate for the identified site is $0.15 per square foot per year. The lease rate for the first two years will be $2,160 per year. The lease agreement provides for rate adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per FAA requirement. EXHIBITS Ordinance Lease Agreement Respectfully submitted: Mark Nelson Director of Airport and Transit Operations S:\Our Documents\Ordinances\02\John Kristoferson Airport Lease.doc ORDINANCE NO. AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN KRiSTOFERSON AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a airport lease agreement for commercial operator between the City of Denton and John Kristoferson, in substantially the form of the Airport Lease Agreement which is attached to and m~te a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: This lease is made and executed this 4th day of June, 2002, at DeNon, Texas by and between the City of DeNon, Texas, a municipal corporation, hereinafter referred to as "Lessor," and Dr. John Kristoferson, his heirs, permitted successors and assigns having his permanem mailing address at 912 Chiquita, DeNon, TX 76205, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, Lessor now owns, comrols, and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maimain an aircraft hanger and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is grained Lessee subject to Lessee agreeing 1. To furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION: Lessee, for himself, his personal represematives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenam and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix § 1349. E. PUBLIC AREAS. 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard subject to the rights, duties, and responsibilities of the Parties set out herein, 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee for erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. ii. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease uno Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas. A. LAND: A tract of land, containing approximately 14,440 square feet, being 80' x 180', and coNaining approximately 0.331 acres drawn and outlined on Exhibit "A," and legally described in Exhibit "B." Exhibits A and B are incorporated herein by reference. Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of DeNon and such rights shall extend to Lessee's employees, passengers, patrons, and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and ideNified within Exhibit "B", including leasehold improvements constructed by the Lessee, but not including certain easemeNs or property owned and/or coNrolled by the Lessor. Bo IMPROVEMENTS PROVIDED BY LESSOR: There will be the following improvements provided by LESSOR, and as set for in Article ll.D. "Access to Utilities" below LESSOR will extend or give credit against the Lease for the cost to extend the current taxiway in a direct line to the East edge of lease property, no more than 80 feet, to be the full width of current existing taxiway. For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvemeNs are and will remain the property of Lessor. All Lessor improvemeNs must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. EASEMENTS: Lessor and Lessee by mutual agreemeN may establish, on the lease premises, easemeNs for public access on roads and taxiways. D. ACCESS TO UTILITIES. Lessor represents that there are water lines within 100 feet and 3-phase electricity lines within 100 feet of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises and Lessee will at Lessee's expense connect Lessee's aircraft ramp to Taxiway I in accordance with Lessor's plans and specifications for taxiways. iii. TERM The term of this agreement shall be for a period of 30 years, commencing on the 5th day of June, 2002 and coNinuing through the 4th day of June, 2032 unless earlier terminated under the provisions of the Agreement. Lessee shall have the option to extend the term of this lease for two (2) successive renewal terms of ten (10) years each. The Lessor shall give Lessee one hundred eighty (180) days written notice of the expiration of the initial lease and, if applicable, similar notice of the expiration of the first renewal term. Should Lessee desire to exercise either of the options above, then ninety (90) days prior to the expiration of the initial term and, if applicable, the first renewal term, Lessee shall complete negotiations for renewal(s) of this lease with Lessor. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals, and terms of similar property on the airport taking into consideration that if Lessor and Lessee are unable to agree to terms for the first renewal term, Lessor must purchase property per VIII.C.4. The Lessor shall not unreasonably withhold consent or approval for the above referenced renewal terms. IV. PAYMENTS, RENTALS, AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following paymeN, reNals, and fees: A. LAND RENTAL shall be due and payable in the sum of 15¢ per square foot or Two Thousand One Hundred Sixty Dollars ($2,160.00) per year, payable in twelve (12) equal moNhly installmeNs in the sum of One Hundred Eighty Dollars ($180.00) in advance, on or before the first day of each and every month during the term of this agreement. Lessee has the option to pay annually in advance at election of Lessee. The rental for the initial term and the two (2) ten (10) year renewal periods, if applicable, will be adjusted annually based on the consumer price index criteria in Section IV.D. Notwithstanding the foregoing, the annual lease renal is to be reduced by the product of 15¢ per square foot, as adjusted by the CPI-U referenced in Section IV.D., times the number of square feet comprising all easemeNs established in accordance with Article II.C. Lessee shall be eNitled to a proportional refund for any renal paid as required above for any period of delay in obtaining approval in the progress of the design and construction of the hanger authorized herein, in excess of sixty (60) days from the filing by Lessee of its (1) plans and specifications for the construction of Lessee's hangar or (2) application for a building permit for Lessee's hanger, if the delay in the approval of the applicable documeNs is not caused by such plans and specifications or application being deficient or failure of the Lessee to timely correct a deficiency in the applicable documeNs filed with the City of DeNon by Lessee provided said deficiency is ideNified specifically to Lessee in a timely manner. B. LESSOR IMPROVEMENTS RENTALS. improvements on the leased premises. NONE. There are no Lessor C. PAYMENT, PENALITY, ADJUSTMENTS. All payments made hereunder by Lessee shall be made to Lessor at the office of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor. All moNhly renal paymeNs shall be due and payable on or before the first day of each moNh and shall be paid by Lessee without demand or notice from Lessor. All renal amounts paid by Lessee after the twentieth (20th) day of the month will be delinquent and shall include an additional monetary amouN (penalty) which shall equal five perceN (5%) of the rental amount due. If payments are not received by the first of the subsequent month an additional penalty of 1% of the unpaid renal amouN will be due. A 1% charge will be added on the first of each subsequent month until unpaid rental payment is made. Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this Lease. D. CPI-U. The yearly rental for land and improvements herein leased shall be readjusted at the end of each year period during the initial term of this lease, and during the renewal terms after the beginning rental is agreed to by the parties as set forth in Section III., on the basis of the proportion that the then current Unites States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears the applicable index at the execution of this contract. The original land rental amount is based upon 15¢ per square foot per year for the land herein leased. Each rental adjustment, if any, shall occur on the 1st day of July, beginning 2004 and every other year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of the contract. If the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section.. In no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent as set forth in Section IV.A. The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten percent (10%). If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hanger Leases and Rental. The rental or lease of hangars and hangar space related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjoining Lessee's hangars. 3. Aircraft Storage, Shop Space and Tie Down. To provide parking, storage, maintenance shop and tie down service, for both Lessee's and itinerant aircraft upon or within the leased premises. 4. Construction and Permit. Lessee shall file building permit within 365 days of lease agreement and complete construction within 720 days of date of lease. Lessee, his tenants, and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises by the tenants or sublessees of Lessee shall be limited to only those commercial, retail, or industrial activities having to do with or related to airports and aviation. No person, business, or corporation may operate a commercial, retail, or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail, or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. Private, personal, non-commercial, or public services uses are permitted and controlled pursuant to the provisions of paragraph V.A.4.abelow. B. STANDARDS. Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers, and contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager within thirty (30) days of any written request and keep current a list of his tenants and sublessees. 3. Conduct. Lessee shall contractually require his employees and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce his contractual rights in the event of a default of such covenants. 4. Utilities, Taxes, and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payments of utilities, taxes, permit fees, and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with current and future federal, state, and local laws, rules, and regulations which may apply to the conduct of business contemplated, including rules, regulations, and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair, and upkeep of all property, buildings, structures, and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean, and in respectable condition, free from any objectionable matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. 7. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial, or retail purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved, or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises save and except Lessee may temporarily reside on the premises for brief periods (usually less than one week in length). 9. Quit Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10. Hold Harmless. Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property, or other damages, arising or resulting from the operations of Lessee's business in and upon the leased premises. 11. Chemicals. Lessee agrees to properly store, collect, and dispose of all chemicals and chemical residues; to properly store, confine, collect, and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State, and Federal regulations governing the storage, handling, or disposal of such chemicals and paints. 12. Hazardous Activities. Should Lessee violate any law, rule, restriction, or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility, or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule, or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. 13. Painting of Exterior of Hangar. During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of paint, quality of workmanship, and the year and month in which the hangar(s) or building(s) are to be painted, if needed). Lessee shall complete the painting in accordance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within the six (6) month period shall constitute Lessee's default under this Lease. C. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape, and design and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall not be withheld unreasonable. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs, and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceable hold and enjoy the leased premises and all rights and privileges herein granted: B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights, and easements over adjoining and contiguous areas, over- flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off, and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIREMENTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality, and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms, and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is forty (40) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the forty (40) year expected building life, it is expressly understood and agreed that Lessor reserves the right to purchase all buildings, structures, and improvements then existing upon the premises by tendering to Lessee one fortieth (1/40) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessee and one appointed by the two appraisers. XI. SUBROGATION OF MORTGAGEE A. Any person, corporation, or institution that lends money to Lessee for purchase, construction, or improvement of any hangar, structure, building, or improvement on the leased premises and retains a security interest in said hangar, structure, building, or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building, or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this 10 lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee or purchase money furnished for the acquisition of same. B. Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80%) of the construction cost or current market value of the leasehold improvements. C. Lender's duties and rights are as follows: 1. The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of the Lessor, such approval to not be unreasonably withheld or delayed. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a third party and approval by the Lessor. 2. As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify the Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify the Lessor, in writing, of any change in the identity or address of the Lender. 3. All notices of default, as well as all notices required by Article XIII herein (Cancellation by Lessor) to be given by the Lessor to Lessee shall also be given by the Lessor to Lender at the same time and in the same manner, provided the Lessor has been furnished with written notice of Lender's interest and its address. Such notice shall be given to the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from, or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over, or under any such easement or the conclusion of such construction. Construction in or at the easement shall be complete within a reasonable time. XI. ASSIGNMENT OF LEASE 1. Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space for the storage of aircraft or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes. The provisions of this lease shall remain binding upon the assignees, tenants, and sublessees, if any, of Lessee. Lessee 11 shall be responsible for the observance by its tenams, sublessees, and assignees of the terms and conditions of this lease. In the event that the Lessor determines that a sublessee or assignee is operating a non-aviation related business or is operating an aviation related business without complying with the minimum standards applicable thereto, the sublease or assignment may be terminated in the manner as provided by Article XIII herein for leases. 2. It is agreed and understood that the named Lessee herein may desire to transfer or assign Lessee's interest herein to Kristoferson LTD, J.S. Kristoferson M.D., or J.S. Kristoferson M.D. PA. Accordingly, Lessor consents and agrees that the following entities shall be permitted assignees at the election of Lessee without further permission of Lessor: XII. INSURANCE A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacemem value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amoums: Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of DeNon as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amoums required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requiremems that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance 12 requirements within ninety (90) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance, which exceed Lessor's minimum insurance requirement. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure to comply with the minimum specified amounts or types of insurance as required by Lessor constitute Lessee's default of this Lease. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may default shall continue for sixty (60) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee, subject to any required approval by any court of competent jurisdiction. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C.4. (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule, or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake, or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to primarily aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. 13 XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations, and agreements herein shall extend to, bind, and inure to the benefit of the legal representatives, successors, and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction the entire Agreement shall not be void; but the remaining provisions shall cominue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage and certification fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Demon 215 E. McKinney Denton, TX 76201 John Kristoferson 912 Chiquita Denton, TX 76205 Notices shall be deemed to have been received on the date of received on the date of receipt as shown on the return receipt. E. HEADINGS. The headings used in this Agreemem are imended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of the State of Texas. G. MEDIATION. The parties may agree to settle any disputes under this lease by submitting the dispute to mediation or other means of alternate dispute resolution. No mediation or alternate dispute resolution, arising out of or relating to Article V.A. of this lease, involving one party's disagreement may include the other party to the disagreement without the other's approval. 14 H. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of a covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement. I. INDEPENDENT CONTRACTOR. During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operate and not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BY: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BY: DR. JOHN KRISTOFERSON STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the __ 200 by day of NOTARY PUBLIC, STATE OF TEXAS My commission expires: 15 EXHIBIT '"A" 1/2"-IRP 30' ASPHALT TAXIWAY 1,30' TAXIWAY. DRAINACE, AND UTILITy £ ASEM£N'i- N 88'4 I'08"V( .100.06' IR_S/CAP S 88'41'08"E 80.06' LEGEND ) . PLAT OR B¢.£0 CALL i 1/2"-IRF& 0.41 Acre os surveyed by J.E. Thompson R.P.L.S. No. 4857 on .5-19-01. N 88'41'08"W 100.06' 0,55 ACRE ELEC p, wv N 88'57'34"W 79.91' JOHN CARREL 22..5' Aspholt Rood 16 ~F w~ Z~ EXHIBIT "B" 0.33 ACRES FIELD NOTES to all that certain tract or parcel of land lying and being situated in the William Neil Survey, Abstract Number 970 in the City of Denton, Denton County, Texas and being a part of 1, Block I of the Southeast Airport Addition, an addition in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 295 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the Northeast corner of the herein described tract at a '/~ inch iron rod found in the West line of an asphalt road under apparent public use posted as Sky Lane for the Southeast corner of a 130 foot taxiway, drainage, and utility easement: THENCE South 01 degrees 25 minutes 00 seconds West with the West line of said Sky Lane and the East line of the herein described t. racL a distance of 180.09 feet to a ½ inch iron rod found in the North line of an asphalt road under apparent public use posted as John Carrel Road for the Southeast corner thereof; THENCE North 88 degrees 37 minutes 34 seconds West with the North line of said John Carrel Road and the South line of the herein described tract, a distance of 79.91 feet to a l/~ inch capped ~ron rod set for the Southwest corner thereof, same being the Southeast comer of a called 0.41 acre tract of land surveyed on 3-19 01, by J.E. Thompson R.P.LS. No. 4857; THENCE North 01 degrees 22 minutes 17 seconds East with tho East line thereof, a distance of 180.00 feet to a ½ inch capped iron rod set in the South line of said 130 foot taxiway, drainage, and utility .easement, for the Northeast corner of said 0.41 acre tract and the Northwest corner of tho herein described tract; THENCE South 88 degrees 41 minutes 08 seconds East with the No~th line thereof and the South line of said 130 foot taxiway, drainage, and utility easement, a distance of 80.06 feet to the POINT OF BEGINNING, enclosing 0.33 of an acre of land, more or less. These field notes with the accompanying sketch were prepared from an on-the-ground survey made under my direction and supervision on 5-21-02. FLOOD STATEMENT: I have examined the F.E.M.A. Flood Insurance Rate Map for the City of Denton, Denton County, Texas, Community Panel No. 480194, effective date 3-30-98 and that map indicates that this property is in Zone X which is defined as "Areas determined to be outside of the 500 year flood" as shown on Panel 0355 E of said map. .,'.., . .- .,L/vt-,. ERNEST STEVEN HOL~WAY RP.L.S. No 5479 Date 17 // I P.O. BOX 507 REV ,: [ KRUM, TX 76249 I ~,~S~ (940)48;3-6?23 %~ / ~ JOB NUMBER: 020510 DRAWN BY: RB ~ ~ ~ 'CHECKED BY: JET LIJANCE DATE: 5-21-02 ~ AREA R.P.L.S. SURVEYING ~.z. THOMPSON Agenda 02-019 06/04/02 #7 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 4, 2002 Tax Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution authorizing the sale of property located within Abstract A 1184A of ri. Cisco Survey, Tract 104-25, 2.611 Acres, by the City of Denton, Texas as Trustee for the taxing entities pursuant to Texas Property Tax Code Section 34.05 for less than the market value or total amount of judgment against the property; and providing an effective date. BACKGROUND The City of DeNon filed suit on the property described in the DeNon County Deed Records, Volume 335, Page 103, for the paymem of delinquem property taxes and accrued penalty and imerest. In doing so, the City became Trustee for the pertinem taxing jurisdictions including itself, DeNon County and DeNon Independem School District. The property was offered for sale at a public auction on the Courthouse steps as prescribed by the tax code. However, sufficiem bids were not provided. There is now a bonafide bid on the property and the taxing units desire to sell it. Although the bid is less than the market value or the total amount of the judgment against the property, it would return to the tax rolls and additional legal expenses would be avoided. FISCAL INFORMATION Delinquem property taxes on the above memioned property total $4,745.06. EXHIBITS Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations RESOLUTION NO. A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WiTHiN A 1184A H. CiSCO SURVEY, TRACT 104-25, 2.611 ACRES, BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITLES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGA1NST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Cause No. 88-705-C, City Denton vs. Albert Fox et al, was filed in the District Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit: Al184A H. CISCO SURVEY, TRACT 104-25, ACRES 2.611, more particularly described at Volume 335, Page 103 of the Deed Records of Denton County, Texas. WHEREAS, the District Court of Denton County, Tex~ts granted Judgment on August 17, 1988, in favor of the taxing jurisdiction of DeNon County as follows: County of Denton City of DeNon Denton Independent School District Title Research Fees City of DeNon Mowing Liens $ 1,586.55 $ 4,745.06 $ 6,337.97 $ 100.00 $ 1,141.37 Total Due Market Value (According to Denton Central Appraisal DistricO $12,669.58 $48,078.00 WHEREAS, the said parcel of land was offered for sale on February 5, 1991 by the Sheriff of Denton County at public auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing paymem of delinquent property taxes and accrued penalty and imerest; and WHEREAS, said parcel of land did not receive sufficiem bid as set by law and was struck off to the City of Denton, Trustee, in trust for itself, the County and Denton independem School District pursuant to Section 34.01 (c) Property Tax Code; and WHEREAS, the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code; and WHEREAS, the City Council finds that it is the public interest to authorize the sale of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S :/ourdocuments/resolution/02/taxsaleauthorizationfoxparcel.doc SECTION 1. The City of Denton, does hereby authorized the Trustee to solicit from the public, bids on the said parcel of land or to request that the Sheriff of Demon County to sell this property pursuant to Section 34.05 (c) Property Tax Code, and we do hereby consem to the sale of said parcel of land to the highest bidder even if the bid tendered is less than the market value of the land specified in judgmem of foreclosure or the total amount of the judgrnem against the p:operty. The Mayor is authorized to execute any deed necessary to convey the parcel of land upon sale. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S :/ourdocuments/resolution/02/taxsaleauthorizationfoxparcel.doc This page left blank intemionally. Agenda 02-019 06/04/02 #8 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 4, 2002 Tax Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution authorizing the sale of property located within Abstract 616 of the S.C. Hiram, Tract 66, Acres 0.150, old DCAD Tract 29D, by the City of Demon, Texas, as Trustee for the taxing entities pursuant to Texas Property Tax Code Section 34.05 for less than the market value or total amount of judgment against the property; and providing an effective date. BACKGROUND The City of DeNon filed suit on the property described in the DeNon County Deed Records for the paymem of delinquent property taxes and accrued penalty and imerest. In doing so, the City became Trustee for the pertinent taxing jurisdictions including itself, Denton County and Denton Independem School District. The property was offered for sale at a public auction on the Courthouse steps as prescribed by the tax code. However, sufficient bids were not provided. There is now a bonafide bid on the property and the taxing units desire to sell it. Although the bid is less than the market value or the total amount of the judgment against the property, it would return to the tax rolls and additional legal expenses would be avoided. FISCAL INFORMATION Delinquem property taxes on the above memioned property total $3,104.36. EXHIBITS Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations RESOLUTION NO. A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S.C. HIRAM, TRACT 66, ACRES 0.150, OLD DCAD TR 29D BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City DeNon has acquired, as Trustee, certain real property through the delinquent tax foreclosure process which, to wit: Abstract 616 of the S.C. Hiram, Tract 66, Acres 0.150, (old DCAD Tract 29D) more commonly know as 318 Bailey St. WHEREAS, the City of Denton holds the real estate in trust for itself and the other taxing entities; WHEREAS, the City of Denton has received a bona fide bid upon the real estate Property which is less than the market value or the total amoum ofjudgmem against the property; WHEREAS, the City of DeNon has no desire to retain the property since it would better serve the city to get the property returned to the tax rolls and save any additional expenses required to sale the property; and WHEREAS, all taxing entities must consent before the sale of the property can be executed for the amoum bid; and WHEREAS, the City Council finds that it is in the public interest to authorize the sale of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, does hereby authorized the Trustee to accept the bid received from Evis Ray Parks and Wanda Parks, in the amount of two thousand dollars and NO/100 ceres, for DCAC Parcel #R32877, described as A0616A S.C. Hiram, Tract 66, Acres 0.150, (old DCAD Tract 29D) - Location 318 Bailey St., and we do hereby consent to the sale of said parcel of land for less than the market value of the land specified in judgment of foreclosure or the total amoum of the judgmem against the property, pursuant to Texas Property Code § 34.05. The Mayor is hereby authorized to execute all necessary documents in connection with the sale. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. s:/ourdocument s/resolutions/02/taxsaleauthorizationparks.doc PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: s:/ourdocument s/resolutions/02/taxsaleauthorizationparks.doc This page left blank intemionally. Agenda 02-019 06/04/02 #9 AGENDA INFORMATION SHEET AGENDA DATE: June 4th, 2002 DEPARTMENT: Engineering ACM: David Hill, Development Services 349-8314 SUBJECT: Consider adoption of an ordinance approving an Imerlocal Cooperative Agreemem between the City of Demon & Demon County for completion of design and certain construction componems for the replacemem of the Union Pacific Railroad Bridge over U.S. Highway 377 (Ft. Worth Drive); and declaring an effective date. BACKGROUND: DeNon County approved partial funding of $1,000,000 for the advanced planning of U.S. Highway 377 (Ft. Worth Drive) widening in the January 1999 Good Roads Program. The City of DeNon 2000 Bond Election included $1,000,000 for the widening of U.S. Highway 377 (Ft. Worth Drive). Although curremly unfunded, the Texas Departmem of Transportation (TxDOT) proposes to widen U.S. Highway 377 to 6 lanes from its currem 2-lane status from 1- 35E to just south of FM 1830 (Country Club Road). TxDOT has no time estimate for the project. TxDOT is curremly rebuilding the 1-35E bridge over U.S. 377 to provide for the future 6 lanes plus left tums, and that construction is expected to be complete by January 2003. In preparation for the proposed road widening and providing the required local match for the project, the subject funding will be used to provide design and purchase right of way for the replacemem of the Union Pacific Railroad Bridge over U.S. Highway 377. The City has issued a request for proposals to solicit the subject design and right-of-way acquisition services for the railroad bridge replacemem and staff amicipates placing an item on the July 16th City Council Agenda recommending approval of a professional services agreemem with the selected consultant to provide those services. The subject agreemem commits Demon County's portion of the U.S. Highway 377 funding to the City of Demon, who is responsible for managing the project. RECOMENDATION Staff recommends adoption of the ordinance. -1- PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A FISCAL INFORMATION The City of Demon's participation according to the agreemem shall be at least $1,000,000. Demon County's portion is not to exceed $1,000,000. Under the terms of the agreemem, the city of Demon is the lead agency for the project, and will invoice Demon County on a monthly basis as the work proceeds. The city and county staff agreed to advance this project in coordination with TxDOT, and design work will conform to TxDOT standards. When the consultam work is completed, the remainder of the funds will be used for some other aspect of the U.S. 377 widening project. Once a consultant is selected, an item will be placed on a subsequent City Council agenda recommending approval of a professional services agreement for the subject services. ATTACHMENTS 1. Ordinance 2. Interlocal Agreement 3. Site Map Prepared by: David Salmon, Assistant Director Engineering Department Respectfully submitted: Charles Fiedler, Director Engineering Department -1- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, substantially in accordance with the interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. The expenditure of funds as set forth in the interlocal Cooperation Agreement is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SSOur DocumentsSOrdinances\02khwy 377 bridge.doc S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377 (FORT WORTH DRIVE) BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Denton, Texas, a corporate and political body organized and existing under the laws of the State of Texas, hereinafter referred to as "City". This Agreement is for purposes of the completion of certain design and construction components for the replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, hereinafter referred to as the "Project." WHEREAS, the County has provided funding for several road projects within the limits of the City through and as part of the January 1999 Better Safer Roads Bond Program; and WHEREAS, City and County value the early completion of the Project which involves roads which are integral parts of the County's and City's road systems; and WHEREAS, City and County mutually desire to be subject to the provisions of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, City desires the participation of County in the Project as authorized by V.T.C.A., Transportation Code, Section 251.012; City of Denton ICA 1 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: The term of this Agreement shall commence upon execution by all parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section VIII. II. The Project is described as follows: Replacement of the Union Pacific Railroad Bridge over U.S. Highway 377. III. Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of the railroad bridge, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. IV. As required by V.T.C.A., Transportation Code Section 251.012 and as evidenced by the signature of the County's representative below, the governing body of County, by the execution of and approval of this Agreement, approves of the expenditure of County money to participate in or to fund an amount not to exceed ONE MILLION AND 00/100 DOLLARS ($1,000,000.00), for the project. V. In performance of this Agreement, the City will be responsible for hiring the engineering firm for the Project. Additionally, the City agrees that all funds remaining after the procurement of engineering services will be committed to the construction for the Project and/or procurement of rights-of-way. City of Demon ICA 2 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc VI. In performance of this Agreement, the City and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of City money to participate in or to fund an amount of at least ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) for the Project. VII. As City proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement ONE MILLION AND 00/100 DOLLARS ($1,000,000.00), unless otherwise authorized by the governing body of Denton County, to the Denton County Finance Department, and the County shall reimburse City for all expenditures related to the Project within 30 days of receipt of these invoices. Attached to this Agreement is a certification by the Assistant City Manager of Finance that the City shall include the sum of at least ONE MILLION AND 00/100 DOLLARS ($1,000,000.00), in its budget and that this amount shall be itemized, set aside and approved by the City Council to be expended for the Project. VIII. This Agreement may be terminated in whole or in part by the County or City upon 30 days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be affected unless the defaulting party is given: (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform; and (2) not less than 30 calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, County shall reimburse City of Demon ICA 3 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc City for all invoices submitted up to and including the date of termination. Notices shall be directed as follows: For City: Hon. Euline Brock The City of Denton Mayor 215 E. McKinney Street Denton, Texas 76201 Copy To: Michael Conduff, City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 For County: Hon. Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 Copy to: District Attorney's Office/Civil Division 1450 East McKinney P.O. Box 2850 Denton, Texas 76201 IX. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. X. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This Agreement can be modified or terminated according to the provisions of Section VIII only by writing signed by both of the parties or their duly authorized agents. City of Demon ICA 4 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc XI. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County nor City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. XII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals. COUNTY CITY Denton County, Texas 110 West Hickory Denton, Texas 76201 The City of DENTON, Texas 215 E. McKinney Street Denton, Texas 76201 By:. Hon. Scott Armey Denton County Judge Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Date: By: Hon. Euline Brock The Mayor for the City of Denton Acting on behalf of and by authority of the City Council of Denton, Texas Date: City of Denton ICA 5 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc Attest: Attest: By:, Cynthia Mitchell, County Clerk By: Jennifer Walters, City Secretary Approved as to form: Robert Schell Assistant District Attorney Approved as to Form: By: Herbert L. Prouty City Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of at least ONE MILLION AND 00/100 DOLLARS ($1,000,000.00), will be committed to engineering and design and the remainder will be applied towards right-of-way acquisition, utility relocation and construction, toward financing the Project to accomplish and pay the obligation of City of Denton, Texas under this Agreement. Kathy DuBose, City of Demon ICA 6 S:\Our Documents\Contracts\0 l\hwy 377 bridge.doc Assistant City Manager of Fiscal & Municipal Services City of Denton ICA 7 at Fort Worth Dr I~ ®~ ~ ® ~ ~ / ~i® ~~// ;~]~88~,,~~':...i, 00P~88 3 ,. ~ 2~ ~' }INTEREST 5 This page left blank intemionally. Agenda 02-019 06/04/02 #10 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Ed Hodney 349-8271 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Dunkin, Sims, Stoffels, inc. for design and construction documents for parks and athletic field parking lots as set forth in the contract; providing for the expenditure of funds therefore; and providing an effective date (PSA 2861 to Dunkin, Sims, Stoffels, inc. in the amount of $109,190. PROFESSIONAL SERVICE AGREEMENT INFORMATION This Professional Services Agreement is for the design and construction documents, as well as general construction oversight for parking lots at North Lakes Park softball complex, Denia Recreation Center parking lot and Senior Center accessibility improvements. PROFESSIONAL SERVICES SELECTION The recommendation of Dunkin, Sims, Stoffels, Inc. was based upon demonstrated competence and qualifications in compliance with Chapter 2254 of the Texas Local Government Code. The selection committee consisted of members of the Parks and Recreation Department staff chaired by Ed Hodney and Bob Tickner. RECOMMENDATION We recommend that this Professional Services Agreement (PSA 2861) with Dunkin, Sims, Stoffels, inc. be approved along with the contract documents in the not to exceed amount of $109,190. PRINCIPAL PLACE OF BUSINESS Dunkin, Sims, Stoffels, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The design completion is scheduled for late July 2002. The bid process for construction is to be completed in September 2002 with construction to start in October 2002. Agenda Information Sheet June 4, 2002 Page 2 FISCAL INFORMATION This agreement will be funded from Parks and Recreation Park Improvement Bond Account 40001900.1365.21100. Attachment 1: Purchase Order 105006 1-AIS-PSA 2861 Design of Parking Lots Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 8. 8 ORDINANCE NO. AN ORDINANCE AUTHORiZiNG THE CiTY MANAGER OR HiS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WiTH DUNK[N, SIMS, STOFFELS, [NC. FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR PARKS AND ATHLETIC FIELD PARKING LOTS AS SET FORTH iN THE CONTRACT; AND PROViDiNG AN EFFECTIVE DATE (PSA 2861 TO DUNKiN, SIMS, STOFFELS, [NC. iN THE AMOUNT OF $109,190). THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with Dunkin, Sims, Stoffels, inc., to provide professional architectural and related services for the design and construction of park and athletic field parking lots; a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 20__, by and between the City of Demon, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Dunkin,Sims,Stoffels,Inc., with its corporate office at 9603 White Rock Trail, Suite 210, Dallas, TX 75238 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby comracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachmem) Provide design and construction drawings for park and athletic field parking lots per the attached proposal labeled Exhibit A Page 1 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $99,190.00. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase Design and Development Phase Construction Documents Phase Bidding Phase Construction Phase 15% 25% 45% O5% 10% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals Associates Technical Staff Clerical Staff $105.00 per hour 75.00 per hour 45.00 per hour 25.00 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of_l_ times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1 times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $_10,000.00 __ without the prior written approval of the Owner. Page 2 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal- EXHIBIT 'A' 3. Attachments ~_ through - This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: WITNESS BY: Dunkin Sims StoffeJ~s, Inc. BOb S~of~e'ls//~SLA Principal Page 3 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINE ERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") proposal (the "Proposal") to which these General Conditions axe attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultm~ts as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement m~d Proposal (the "Services"). 1.2 The Design Professional will perform all Services as az~ independent contractor to the prevailing professional stm~dards consistent with the level of care and skill ordinaxily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments m~d prompt timely actions (the "Degree of Caxe"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, m~d shall include allowm~ces for periods of time required for the Owner's review m~d for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, m~d m~y adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions m~d include without limitation normal structural, civil, mechmfical and electrical engineering services and m~y other engineering services necessaxy to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminaxy evaluation of the Owner's program, construction schedule construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule m~d construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings m~d other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate complim~ce with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional waxrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Page 4 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessaxy bidding or procurement information, bidding or procurement forms, the Conditions of the contract, a~d the form of Agreement between the Owner a~d contractor. 2.4.3 The Design Professional shall advise the Owner of a~y adjustments to previous prel iminaxy estimates of Construction Cost indicated by cha~ges in requirements or general maxket conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents a~d of the latest preliminaxy detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the awaxd of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the awaxd of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed admirdstration of the Contract for Construction as set forth below. For design professionalss the admirdstration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the admirdstration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities a2d limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise a2d consult with the Owner (1) during construction, (2) at the Owner's direction from time to time during the correction, or waxra2ty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress a~d quality of the work completed a~d to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner inlbrmed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner a~y defects or deficiencies in the work of Contractor or any sub contractors. The Design Professional represents that he will follow Degree of Caxe in performing all Services under the Agreement. The Design Professional shall promptly correct a~y defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or a~y paxt of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights here under. 2.6.6 The Design Professional shall not have control over or chaxge of a~d shall not be responsible for construction mea~s, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to caxry out the work in accordance with the Contract Documents except insofar as such failure may result fi:om Design Professional's negligent acts or omissions. The Design Professional shall not have control over or chaxge of acts or omissions of the Contractor, Subcontractors, or their agents or employ- ees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially author- ized, the Owner and Contractor shall communicate through the Design Professional. Communications by a~d with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work a~d evaluations of the Contractor's Applications for Payment, the Design Professional shall review a~d certify the amounts due the Contractor. Page 5 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated a~d that the quality of the Work is in accordance with the Contract Documents. The foregoing representations axe subject to minor deviations fi:om the Contract Documents correctable prior to completion a~d to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the iss ua~ce of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessaxy or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; a~d (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy completeness of other details such as dimensions a~d quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety pr ecautions or, unless otherwise specifically stated by the Design Professional, of construction mea~s, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance chaxacteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepaxe Change Orders a~d Con sh'uction Cha~ge Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval execution in accordance with the Contract Documents, a~d may authorize minor cha~ges in the work not involving an adjustment in the Contract Sum or a~ extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, a2d if requested by the Owner shall issue Certificates of Substa2tial a2d Final Completion. The Design Professional will receive a2d review written guarantees a2d related documents required by the Contract for Construction to be assembled by the Contractor a2d shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations a2d decisions of the Design Professional shall be consistent with the intent ofa2d reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations a~d initial decisions, the Design Professional shall endeavor to secure faithful per forma2ce by both Owner and Contractor, a2d shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement a2d in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner a~d Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Caxe; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepaxes; a~d (3) by acknowledging payment by the Owner of any fees due, shall not be released fi:om a~y rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Consh'uction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL Page 6 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc 3.1.1 The services described in this Article 3 axe not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confu-med in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 axe required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing a~d shall not commence such additional services until it receives written approval fi:om the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services axe not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they axe not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site tha~ is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in caxrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed a~d directed by the Design Professional, a~d the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to cha~ges required as a result of the Owner's failure to render decision in a timely maxmer. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation a~d supporting data, a~d providing other services in connection with Cha~ge Orders and Construction Cha~ge Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, a~d furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessaxy by the default of the Contractor, by major defects or deficiencies in the work of the Con- tractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public heaxing, axbitration proceeding or legal proceeding except where the Design Professional is paxty thereto. 3.3.8 Providing services in addition to those required by Article 2 for prepaxing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding a~ything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a paxt of the Basic Services under the Agreement with no additional compensation above a~d beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or compaxative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to maXe measured drawings thereof. Page 7 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces a~d coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment a~d labor. 3.4.9 Providing a~alyses of operating a~d maintenance costs. 3.4.10 MaXing investigations, inventories of materials or equipment, or valuations a~d detailed appraisals of existing facilities. 3.4.12 Providing assista2ce in the utilization of equipment or systems such as testing, adjusting a2d bala2cing, preparation of operation a2d maintena2ce manuals, training personnel for operation a2d maintena2ce a2d consultation during operation. 3.4.13 Providing interior design a2d similax services required for or in connection with the selection, procurement or installation of furrfimre, furnishings a2d related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the £mal Certificate for Payment and expiration of the Waxra2ty period of the Contract for Conslxuction. 3.4.15 Providing services of consultants for other tha2 architectural, civil, structural, mecha2ical a2d electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing a2y other services not otherwise included in this Agreement or not customarily furnished in accorda2ce with gen- erally accepted axchitecmral practice. 3.4.17 Prepaxing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant cha2ges in the work made during conslxuction based on maxked-up prints, drawings a2d other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding a2ything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above a2d beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regaxding requirements for the Project, including (1) the Owner's objec- tives, (2) schedule a2d design constraints a2d criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update a~ overall budget for the Project, including the Conslxuction Cost, the Owner's other costs a~d reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that £mancial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely mmmer pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly a2d sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furrfish surveys describing physical chaxacteristics, legal limitations and utility locations for the site of the Project, a~d a written legal description of the site. The surveys a~d legal inlbrmation shall include, as ap plicable, grades a~d lines of streets, alleys, pavements a~d adjoining property and slxucmres; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaxies and contours of the site; locations, dimensions a~d necessaxy data pertaining to existing buildings, other improvements and trees; and information concerning available utility services a~d lines, both public and private, above and below grade, including inverts and depths. All the inlbr mation on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but axe not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazaxdous materials, ground corrosion a~d re sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and axe requested by the Design Professional a~d are not retained by the Design Professional as part of its Basic Services or Additional Services. Page 8 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc 4.7 When not a paxt of the Additional Services, the Owner shall furnish structural, mechaxfical, chemical, air and water pollution tests, tests of hazaxdous materials, a~d other laboratory a~d environmental tests, inspections a~d reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting a~d insurance counseling services as may be necessaxy at a~y time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys a~d reports required by Owner under Sections 4.5 through 4.8 shall be furrfished at the Owner's expense, a~d the Design Professional shall be entitled to rely upon the accuracy a~d completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes awaxe ofa~y fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furrfished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead a~d profit. In addition, a reasonable allowance for contingencies shall be included for maxket conditions at the time of bidding a~d for cha~ges in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional a~d Design Professional's consultants, the costs of the la~d, rights-of-way, £mancing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminaxy estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional repre sent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market con- ditions. Accordingly, the Design Professional caxmot a~d does not warrant or represent that bids or cost proposals will not vaxy from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing a~d signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permit ted to include contingencies for design, bidding a~d price escalation, to determine what materials, equipment, component systems a~d types of construction axe to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if a~y, shall be increased in the amount ofa~ increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days afLer the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect cha~ges in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner a~d the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepaxed by the Design Professional for this Project are instruments of the Design Professional's service a~d shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, a~d Owner's use of such documents in other projects shall be at Owner's sole risk a~d expense. In the event the Owner uses a~y of the inlbrmation or materials developed pursuant to the Agreement in another project or for other purposes tha~ are specified in the Agreement, the Design Professional is released from any a~d all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similax purposes in connection with the Pr oj ect is not to be construed as publication in derogation of the Design Professional's reserved rights. Page 9 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less tha2 thirty days written notice should the Owner fail substantially to perform in accorda2ce with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or a2y phase thereof with or without cause upon thirty (30) days prior writ ten notice to the Design Professional. All work a2d labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All pla2s, field surveys, a2d other data related to the Project shall become property of the Owner upon termination of the Agreement a2d shall be promptly delivered to the Owner in a reasonably orga2ized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing inlbrmation. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the De sign Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption a2d resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently aba2doned. If the Project is aba2doned by the Owner for more tha2 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written not ice. 7.4 Failure of the Owner to maXe payments to the Design Professional for work satisfactorily completed in accorda2ce with the Agreement shall be considered substa2tial nonperformance a2d cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions a2d benefits related thereto, such as employment taxes and other statutory employee benefits, insura2ce, sick leave, holidays, vacations, pensions a2d similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services a2~d include expenses incurred by the Design Professional and Design Professional's employees a2d consulta2ts in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of tra2sportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; a2d fees paid for securing approval of authorities having jurisdiction over the Pro- ject. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage a2d ha2dling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in adva2ce bythe Owner, expense of overtime work requiring higher tha2 regulax rates. 8.2.1.4 Expense of renderings, models a2d mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design a2d drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that axe approved in adva2ce in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly a2d, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement a2d the schedule of work. 8.3.2 If a2d to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for a2y services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Conslxuction Cost a2d a2y portions of the Project axe deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those Page 10 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Conslxuction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days al[er the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS VqITHItELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld fi:om payments to contractors, or on account of the cost of changes in the work other tha~ those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services a~d services performed on the basis of a multiple of Direct Personnel Expense for inspection a~d copying during regulax business hours for three yeaxs al[er the date of the £mal Certificate of Payment, or until any litigation related to the Project is £mal, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agent s, or employees in the execution, operation, or performance of the Agreement. 9.2 Nothing herein shall be conslxued to create a liability to any person who is not a party to the Agreement, a2d nothing herein shall waive any of the parties' defenses, both at law or equity, to a2y claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses axe hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less tha~ $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person a2d not less than $500,000 for each accident, and with property damage limits of not less tha2 $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insura2ce with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as a2 additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue ofa2y suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner a2d Design Professional, respectively, bind themselves, their paxtners, successors, assigns and legal representatives to the other party to this Agreement a~d to the paxtners, successors, assigns a~d legal representatives of such other paxty with respect to all covena2ts of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions a2d other attachments referenced in Section 3 of the Agreement which together represent the entire a2d integrated agree ment between the Owner a2d Design Professional and supersedes all pr/or negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written inslxument signed by both Owner a2d Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions a2d the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably Page 11 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc possible be read so as to haxmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably haxmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior a~d interior, among the Design Professional' s promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietaxy information if the Owner has previously advised the Design Professional in writing of the specific inlbrmation considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign a~d in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or a~cestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 12 C:\My Documents\PURCHASING JUNE 4\PSA 2861 Design of Parking Lots\4-AGR-PSA 2861 Design of Parking Lot.doc Agenda 02-019 06/04/02 #11 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Susan Croft 349-8199 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance of the City of Demon, Texas accepting competitive sealed proposals and awarding a best value annual contract for collection services for miscellaneous accounts receivables; providing for the expenditure of funds therefore; and providing an effective date (RFP 2768- Collection Services awarded to Credit Systems International, Inc.). BID INFORMATION This request for sealed proposals is for the selection of a best value service provider for collection of accounts receivables for the Utilities Department, ambulance accounts, and miscellaneous receivables. The term is for one year with up to three additional one-year periods. The intent is to increase collections and at the same time maintain a professional approach to managing "bad debt" accounts of the City. The recommendation of Credit Systems International, Inc. is based upon a selection ranking including the following: 1. Rate proposal and fee structure 2. Collection process 3. Experience and reputation 4. Compatibility with City process 45 points 25 points 20 points 10 points Seven respondents were ranked and Credit Systems International, Inc. scored the highest. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board considered the recommendation and recommended approval by unanimous vote on May 20, 2002. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder based upon best value selection, Credit Systems International, Inc. in the percentage amounts listed on the ordinance. Agenda Information sheet June 4, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS Credit Systems International, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT The referral of delinquent accounts will begin upon execution of the contract agreement and continue for a minimum of one year. FISCAL INFORMATION This is basically a self-funding agreement. The service provider is only paid based upon the collection rate. The agreement has no expenditure budget impact. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-PSA 2768 Collection Services ORDNANCE. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE ANNUAL CONTRACT FOR COLLECTION SERVICES FOR MISCELLANEOUS ACCOUNTS RECEiVEABLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (RFP 2768-COLLECTION SERVICES AWARDED TO CREDIT SYSTEMS INTERNATIONAL, iNC.). WHEREAS, the City has heretofore solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of State law and the City of DeNon, Texas ordinances; and WHEREAS, the City Manager or a designated employee of the City with authority, have reviewed and recommended that the herein described bids are the best value bids for the materials, equipmem, supplies or services as shown in the "Bid Proposals" submitted therefore based on the selection criteria set forth in the requests for bids; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. That the options in the following numbered bids for materials, equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agem, is hereby accepted and approved as being the best value bid for such items: RFP NUMBER DESCRIPTION VENDOR AMOUNT 2768 Collection Services Credit System International, Inc. Exhibit A SECTION 3. That by the acceptance and approval of the above 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, equipmem, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums comained in the Bid invitations, Bid Proposals, and related documents. SECTION 4. That the City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. That by acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefore in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. approval. That this ordinance shall become effective immediately upon its passage and PASSED AND APPROVED this day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2-ORD-PSA 2768 COLLECTION SERVICES STATE OF TEXAS § COUNTY OF DI~NTON BEST VALUE BID AGREEMENT FOR COLLECTION SERVICE ,/~ THIS AGKEEMENT is made and en%~red into ~ of ~e ~ ~y of ~ 2002, by ~d bo~ecn Ec Ci~ of Denton, Text, a Tex~ M~cipal Co~°ra~o~, ~ i~ p~cipM o~oe at 215 E~t McCoy S~cc% Denton, Tcx~ 76201 ~o~or "C~'); ~d ~e~t S~tems ht~a~on~, hc., wi~ its oo~oratc o~co at 1277 Co~ Club ~e, Fo~ Wo~ Tcx~ 76112, ~~ "COLLECTO~')~ c~ ~ h~, by ~d ~ou~ ~e~ d~y au~ofized r~resentafive or officer. ~SS~TH, ~;t in Oo~idera~on of ~o cov~ts ~d a~c~nts h~r~ cont~ ~e p~es h~oto do mum~Iy a~ ~ follows: _ EM~PLOYB~NT The CH'Y berry con, acts ~th COLLECTOR, ~ an independent contractor, a~d the COLLECTOR hereby agrees to perform the s~rvice, s herein in connex;tion with the Project as stated in the articles to follow, with diligence a~d in a~cordance with the professional s~and~ds customarily obtam~ for such services/n thc State of Texas. The professiona/serdces set out herein are in connect/on With the following described ?reject, to wit: To provide collection serdces for miscellaneous accounts receivable. Accounts receivable that are owed to, but have not been collected by the CITY, can include services for ut/l/ties, ambulance and o~er miscellaneous accounts. The requirement is to increase revenue collections and at the same me maintain a professional approach when managing "bad debt" accounts of the CITY. TLC. LE_2 or SERWCES The COLLECTOR stroll perform the following services in a professional manner: The COLLECTOR shall pc. dom those services as are necessary and as described in the CITY'S '~Request for Bid by Best Value for Utility and Miscellaneous Collection Serv/ces" which is attached hereto, incorporated by reference and made a p~xt hereof as Exh/bit "A." Referral of Aeeouats - Collector agrees to accept all first placement accounts receivable referred to Collector for colle~tion ("Accounts") by CITY. it is expressly agreed that any and a//Acco~t/m*onnat/on disclosed to Collector through placement of Accounts w/II go remain tn the strictest confidence and will not be disclosed to any other party without the CITY's written authorization. Collection Efforts - COLLECTOR's services and collection efforts shall include thc sending of demand letters; attempting telephone contact with debtors; attempting to locate debtors; obtain updated financial and credit information with respect to debtors; and arranging payment arrangements from the debtors in order to satisfy the indebtedness to be collected. For each Account, COLLECTOR shall make these collection efforts for the length of this contract period. At the end of the contract period, all Accounts must be promptly returned to the CITY, along with a listing of all Accounts' current status and COLLECTOR's findings and recommendations. COLLECTOR shall be entitled to receive its fee as provided in Article 4 hereof for payments physically collected within the subsequent thirty 00) days directly following the termination of the contract. All debtors who are on a payment plan when this contract is terminated must be notified by the COLLECTOP. that their payments must be ~ent to the CITY. Any payment~ received fi.om thc debtors after the thirty (30) day period must be immediately forwarded to the CITY. Fees will not be appl/cable after the thirty (30) day period. Collections and Settlement - COLLECTOR shall in all cases attempt to collect thc total sum of outstanding receivables and all charges owed by the debtor on an Account. Notification of Claims - COLLECTOR agrees to promptly advise CITY of any claims or causes of action asserted against the CITY by any debtor. Return of Accounts - Unless this Agreement shall be terminated as hereinafter provided, and unless CITY expressly agrees otherwise, in advance, for each Account, COLLECTOK shall cease its activities and return the Account to the CITY immedi~tety upon the expiration of this contract, along with a listing of all Accounts' current status and COLLECTOR's findings and recommendations. COLLECTOR shall be entitled to receive its fee as provided in Article 4 and Article 2, Section C. Withdrawal of Referred Accounts - CITY may withdraw any Account that has been placed with the COLLECTOR in error and payn~nt is not expected to be received from the debtor due to the following reasons: a bank~ptcy notice has been received on an Account. an Account that belongs to a property management firm who still has an active Account(s) with the CITY. an Account in which the balance has changed due to an billing adjustment or correction, any other Account that the CITY and the COLLECTOR mutually agree should be COl,LECTOR shall cancel these types of Aceotmta without charge, at the client's request. Reporting - COLLBCTOR shah submit to the CITY, activity reports and such other information relative to the Accounts as is requested in the "Request for Bid by Best Value" document attached hereto as Bxhibit "A." If there is any conflict between the terms of this Agreement and the Exhibits attached to this Agreement the terms and conditions of this Agreement will control over the terms and conditions of the attached Exhibits. ARTICL,.E 3 P mor) oF s Rvlc This Agreement shall become effective on its date of final approval by thc Denton City Council. The term of this Agreement shall be for one-year. It shall be renewable for up to three O) additional one-year periods, with all the terms and conditions remaining unchanged, if agreed to by both parties, provided that COLLECTOR's performance of this Agreement is not objectionable as determined by the City Council. Provided however, the renewal of said Agreement for each of the three (3) additional one-year periods shall be automatic unless either CITY or COLLECTOR shall provide a minimum of sixty (60) days written notice to the other party, before the Agreement term or any such renewal term expires. CITY may t~rmiuate this agreement mediately by oral or written notice if (i) COLLECTOR violates or breaches any team or condition of the Agreement, or if (ii) CITY reasonably determines that there has been a material adverse change in COLLECTOR's financial condition. COLLECTOR shall still be entitled to receive its fee as provided in Article 4 and Article 2, Section C hereof for payments collected up to thirty (30) days subsequent to the termination date of this contract. In case of termination hereunder this paragraph (i) alt accounts and file materials shall be returned immediately to the CITY, (ii) COLLECTOR shall immediately cease all collection efforts on CITY Accounts. A~RTiCLE 4 COMPENSATION COLLECTOR as full compensation for its services performed hereunder shall receive the following fees for the Accounts that are in the COLLECTOR's po~s~sion for which tho COLLECTOR has begun active cellection procedures: 18.9% on all monies collected on the initial batches of Utiliti~s/Misccllancou.s Receivables Accounts 19.9% on all monies collected on the initial batches of Ambulance Accounts 21.9% on all monies collected on the Utilities/Miscellaeous Receivables Accounts assigned to the COLLECTOR each month 23.9% on all monies collected on the Ambulance Accounts assigned to the COLLI~CTOK each month 21.9% on monies collected through a combined collection effort for Utilities, Miscellaneous Receivables, and Ambulance Accounts. Active collections will be based on proof of first contact with the debtor. These fees are more particularly outlined in the "Summary" attached hereto as Exhibit "B". The fee for collections requiring legal action shall be detei-a~ued in advance based on each individual Scope of Work (SOW). The CITY reserves the right to handle these legal items M-house. It is uaderstood, however, that no legal action will be taken by the COLLECTOR without the express advanoe writtm approval of the CITY. ARTICLE S REMITTANCES COLLECTOR shall instruct debtors that they may send their payment(s) to either the COLLECTOR or the CITY. COLLECTOR shall include payment instructions, as specified in the "Request for Bid by Best Value" (Exhibit "A" hereto), in all correspondence or other materials sent to each debtor. The COLLECTOR shall also include payment instructions for the debtors who wish to send their payments directly to the COLLECTOR. The COLLECTOR shall remit gross monthly statements and receipts via overnight delivery service to the CITY no later than the 10t~ of each month. The gross monthly statements shall list all payments received from the CITY's debtors. The CITY, in turn, will provide a monthly report of payments received fsom debtors on Accounts during the previous month. The CITY shall remit monthly, by the 20~a working day of each month, the agreed fee to COLLECTOR based solely upon the reported information, ARTICLE 6 INDEPENDENT CONTRACTOR The COLLECTOR shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COLLECTOR shall not have or claim any right arising from employee status. ARTICLE 7 INDEMNITY AGREEMENT THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HA_KMI,ESS THE CITY AND iTS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES iNCURRED BY THE CITY, AND INCLUDING WITHOUT, LIMITATION DAMAGES FOR BODILY AND PERSONAL INJURY, Dt/ATH AND Plt. OPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN Tf-IE EXECUTION, OPERATION, OR PERFORMANCE OF THiS AGREEMENT. NOTI-I[NG IN THIS AGRBBMBNT SHALL BE CONSTRUBD TO CRBATB A LIABU. xrY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGRBBMENT AND NOTHING HBP~IN SHALL WAIVE ANY OF THE PARTY'S DBFENSBS, BOTH AT LAW OR BQI_IITY, TO ANY CLAIM, CAUSE OF ACTION OR LITIGATION FILED BY 4 ANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMuNrrY, WHICH DEFENSES ARE HEREBY EXPRESSLY RBSERVBD. ARTICLE 8 AILBI~TION AND ALTERN.~TE DISPUTE RESOLUTION The CITY md COLLECTOR may agree to settle any dispute under this Agreement by submitting the dispute to arbitration or other means of alternate dispute reeolution suoh as mediation. No arbitration or alternate dispute resolution arising out of or ~elaiiug to, this Agreement involving one party's disagreement may include the other party to the disagreement without thc other's approval. ARTICLE 9 During thc performance of the professional services under this Agreement, the COLLECTOK shall maintain the following surety bond with a surety hcenscd to do business m the State of Texas and in a form approved by the City Attorney: A surety bond in an amount of at least $10,000, ~aranteeing payment to the CITY for monies due thc C1TY during the Agreement term or any renewal thereof, to be in effect for the term of this Agreement or any renewal thereof, and fo~ an addilional period of ninety (90) days thereaiter. ARTICLE 10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the, CITY shall not con~t/tnte nor be deemed a release of the respor~ibility and 1/ability o£ the COLLECTOR, its employees, associates, agents, subcontractors and sub- consultants for the competency of their work; nor shall such approval be deemed to be an a~sumpt/on o£ such responsibility by the CITY for any work by the COLLECTOR, its employees, associates, agents, subcontractors, and sub-consultants. , ,~.TIC,LE n NOTICES All ~osrc.~ponden~e.~ in regm-dz to money re~ttan~vz ~hall by ~ent via ovew. lght delivvry service. Al1 notices including termin, ation and legal notices, and other correspondences that are vital in nature shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, rero. m receipt requested unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days mailing: TO COLLECTOR: TO CITY: For Contractual Notices For Account Ac6vitv CREDIT SYSTEMS INTERNATIONAL, INC. Attn: kn~ra, l~n~.x 1:277 Country Club Lane Fort Worth, TX 76112 CITY OF DENTON ARm Susan Croft Utility Services Manager 601 East Hickory St,, Ste. F Donton, TX 76205 CITY OF DENTON Arm: Pamela Dup:~er Revenue Analyst 601 East Hickory St., S~e, F Denton, TX 76205 All notices shall be deemed effective upon receipt by the party to whom' such notice is given or within three days mailing. ARTICLE 12 ENTIRE AGREEMENT TMs Agreement consisting of eight (8) pages and two (2) Exhibits constitutes the' complete and exclusive statement of the terms of their agreements md supeme4e~ all pr~o~ contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid md enforceable provision which comes ~q cJo~e a~ possible.to expressing the intelltion of the stricken provision. ARTICLE 14 COMPLIANCE WITH LAWS Thc COLLECTOR shall comply with all federal, state, local laws, rules, regulations, and o~dinances regarding Fair Debt Collections p~ctices for which is applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 15 DISCRIMINATION PROHIBITED In performing the services required hereunder, the COLLECTOR shall not discriminate against any person on the Oasis of race, color, religion, sex, national or/gin ct' a~xcestry, ~gc, or physical handicap. ARTICLE 16 PERSONI~EL The COLLECTOR represents that it has or wilt secure at its own expense ail personnel required to perform all the services required ander this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. COLLECTOR shall promptly inf~ the CITY in writing of any conflict of interest or potential conflict of interest that may m'ise during the term o£this Agreement. All services required hereunder will be performed by the COLLECTOR or under its care, custody, and supervision. COLLECTOR shall emure that all personnel engage6 in work are duly qual{fied, and p=~mitted under state and local laws to perform such services. ARTICLE !7 ASSIGNABILITY The COLLECTOR shall not assign auy interest in this Agreement arid shall not transfer aay interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing md duty executed by the party to be charged therewith. No evidence of ~y waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, unless such waiver or moclificat%n is in and is duly executed. The parties furth~ agree that the provisions of this article will not be waived unless as herei~ set forth. _~RTICLE 19 MISCELLANEOUS The following g. xhibits are attached to, incorporated herewith, and are made a part of this A~eement: Exh/b/t "A" - l~.equest for Bid by Beet Value for Utility, Ambulance and Miscellaneous Collect/on Services. 2, Exhibit "g" - Summary of Proposed Services Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Toxa~. This Agrocmcnt ~hall bc con~trued ha accordance with thc laws of thc State of Texas. COLLECTOK will promptly advise CITY of any Account on which it receives a notice of bankruptcy. If COLLECTOR's efforts r~u~t in collateral, securing an Account, be/ng re~ned to the C1TY,' then COLLECTOR shall be entitled to receive the standard fee that otherwise would hsve been paid under Article IV herein, baaed upon the net amount of' money that the CITY receives from the sale of the collateral. The cost to the CITY of repossession, of storing, and of selling the collateral shall be first deducted from the amount of sale proceeds COLLECTOR is paid a fee on. CITY shall promptly report to COLLECTOR when the collateral is sold, the applicable costs of repossession, of storage, of selling the collateral, and the sale price. CITY shall then remit COLLECTOR's fee hereunder within thirty (30) days from receipt of payment from the Purchaser of the property at the sale, COLLECTOR will accurately, lawfully, and fairly report all Accounts to the top three national credit bureaus: EXPERIAN, EQU~AX, and TRANS UNION immediately after an Account has been with the COLLECTOR for sixty (60) days. COLLECTOR will provide technical support to enable electronic placement of Accounts. COLLECTOR will also provide regular, periodic software or electronic reports to the CITY to enable Account balance review by the CITY, and COLLECTOR comments regarS_i~g rev/ew of Accosts he/d by COLLECTOR, e~h in order to comply wifh ~ specifications of the "Request for Bid by Best Value" attached hereto as Exhibit "A." Go The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions ofthi~ Agreement. IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement by and through ira duly authorized undersigned City Manager; and COLLt~CTOR has executed thia Agreement by and throt]~ its duly aut~rized undersigned officer, in duphcate original counterparts, on this the ~ day of ~h~ ,2002. CITY OF DE]~I~ON, TEXAS A Texas Municipal Corporation By: ATTEST: ~E~R WALTERS, CITY SECRETARY MICHAEL A. CONDUFF, CITY MANAGEK By: APPROVBD AS TO LEGAL FOR_M: HERBERT L. PROUTY, CITY ATTORNBY By: WITNESS/ATTEST: s:~our docurr~t'~contmcl~02~CSI collcctiou s ervic~s contt~ot, doc CREDIT SYSTEMS INTERNATIONAL, INC. RFP # 2768 REQUEST FOR PROPOSAL by BEST VALUE fei' UTILITIES, MISCELLANEOUS RECEIVABLES and/or AMBULANCE COLLECTION SER VICES The City of Denton (City), is seeking a qualified Collection Company (Vendor), to provide collection ~orviee~ for account~ receivable. Accounts receivable that are owc~cl to, but have not been collected by the City, can include services for utilities, ambulance, and other miscellaneous accounts. It is preferred that collection services are provided for ail the services listed above. The majority of accounts sent to the vendor for collections will consist of utilities and ambulance services. If collection services cannot be provided for both utilities and ambulance services, please submit a quote for each service that can be performed by your company. The contract will be awarded by City Council for one (1) year. The contract may be renewed annually if agreed by both parties with all terms and conditions remaining the same. The contract will be awarded to the vendor whose proposal is determined by the City to be the best-valued bidder who meets specifications and who ranks the highest on the evaluation criteria. The criteria are listed on page 3 of this document. The following requirements must be met for full consideration in the decision making process. Vendor must obtain a surety bond for $10,000.00, guaranteeing payment to the City for monies due the City during the contract period, and for an additional period of ninety (90) days thereafter. Vendor must be able to accept and transmit information from the City via electronic file transmission, mail, or fax at the City's option. Vendor must report all accounts to Experian and/or another national credit bureau, immediately upon receipt of accounts information on the accounts are received from the City. Vendor must actively pursue all receivables, turned over by the City, regardless of the amount owed. Vendor will retain all accounts for a period of 180 days. At the end of 180 days, inactive uncollected accounts must be promptly returned to the City along with its findings and recommendations. Active accounts (those who have a payment pending or are actively on a payment plan) may be retained by the vendor for an additional 180 days for a total of 365 days, but will be returned sooner if an account becomes inactive. If the vendor has not succccdcd in collecting any part of thc accom~t during that time period, then the vendor must promptly submit its findings and recommendations to the City. S prch/bidspec/2768 collections: Page 1 of 8 RFP # 2768 Vendor must provide monthly reports on the collection activities, These reports are due to the City by the 10th working day of each month and should include: Acknowledgment of accounts received (number of accounts and total revenue) It~nizod monthly activity statements (include for each service: summary of collection activity, each debtor account collection status, and verified fee mount due to collector) Statement of accounts being returned to the City Vendor must provide regular, periodic mR-ware or electronic reports to the City to enable account balance review by the City, and vendor comments regarding review of accounts held by the vendor. Vendor must provide technical support to enable electronic placement of accounts. Vendor must have debtors send their payment(s) directly to the City. The vendor must include payment instructions in all correspondence or other materials sent to each debtor. The instructions should include sending payment(s) and remittance slip(s) for utilities/miscellaneous receivable accounts to P.O. Box 961082, Fort Worth, Texas 76161-0082. The account number on the remittance slip for utilities and miscellaneous receivable accounts must be bar-coded in OCR-A font (example: 1, 2 3 O t~ St,-n 7). Payments and remittance slips for ambulance accounts shall be mailed to P.O. Box 1942, Denton, Texas 76202-1942. The City will pay the agreed upon fee based on the amount collected on a monthly basis. A monthly report will be provided by the City by the 5th working day of payments received from debtors during the previous month for billing purposes. It is preferred that the vendor is located within the state of Texas and preferably located within the Dallas/Fort Worth/Denton Metroplex, The vendor must be licensed to conduct business in the state of Texas. It is preferred that the vendor employs bilingual collectors who can correspond with Spaniah-,peaking debtors both orally and in writing. Vendor correspondence and collection methods must comply with a format acceptable to the City and be in accordance with all federal, state and local statutes regarding Fair Debt Collections practices. Vendor's collection cxpcricncc and qualifications must bc sufficiont to provide thc most adequate and secure collection services as determined by the City. Vendor must provide skip-tracing services. Bid Proposal must include the following items: s prch/bidspec/2768 collections: Page 2 of 8 RFP # 2768 o Resumes of chief operating officers and staff Schedule. of collection events Examples of all correspondence used in the collection process o Names, addresses, and phone numbers of current customers and a list of customers fi.om the past five years. Initially, the City will tam over to the vendor two batches of aged uncollected utility and ambulance accounts for collections. The total amount of the batches for utilities will be no greater than $2,852,162. The total for the ambulance batches will be approximately $899,300. The first batch of utility accounts that will be sent for collections will be no greater than $954,000 for 3,189 debtor accounts. The final billing dates for this batch occurred from February 2001 through July 2001. The first batch for ambulance will be no greater than $368,000 for ambulance services hilled from October 2000 through March 2001. The second batch for utilities will be no greater than $1,898,162 for 5,348 debtor accounts £maled from October 1999 through January 2001. Ambulancc's second batch will be no greater than $531,300 for ambulance services billed from March 1999 through September 2000. In addition to the initial two batches for each service, the City will send an average of $54,200 per month for utility/miscellaneous accounts and $19,500 per month for ambulance services. The City reserves the right to turn over all or part of the stated collection amounts. Each bid will be evaluated based on the following criteria and rankings (maximum 100 points): 1. Rate Proposals and Fee Structure (45 points) 2. Collection Process (25 points) 3. Experience and Reputation (20 points) 4. Compatibility (10 points) The deadline to submit your bid is March 14~ 2002, by 2:00 p.m. Please provide a reference list of collection revenue over $500,000 annually including the name and telephone number of the contact persons. In addition, please list all governmental agencies, if any, currently using your company for collection services along with the answers to the attached questionnaire. Any questions regarding the bid process should be directed to: Tom Shaw Purchasing Agent City of Denton 901-B Texas St. Denton, TX 76201 S prchgoidspec/2768 collections: Page 2 of 8 RFP # 2768 Telephone: (940) 349-7100 Fax: (940) 349-7302 E-mall: Tom. Shaw~cityofdenton.com All technical questions regarding this bid should be directed in writing to: Susan Croft Utilities Services Manager City of Denton 601 E. Hickory St., Ste. F Denton, TX 76205 Fax: (940) 349-7211 E-mail: Susan.Croff~cityofdenton.com S prch/bidspec/2768 collections: Page 3 of 8 RF~ # 2708 Criteria 1 BEST VALUE BID RATE PROPOSALS fol' UTH~!TIE$, MI$CE~EO US REC£IIXABLE$ and/or AMB UZ, d.NCE COLLE C~IOJV ~F,~R FIC£$ a. , Batc'hl(Febraary2001-July2001) 3189 .$954,000 18.9 % b. , Batch 2 (October1999 - January 2001) ' I $348 I $1,898,162 18.9 % 2. ~b~ce ~fi~ 'batch~ ~ · Batchl(Octob~2000-M~ch2001) I ~2SSl ,,6s,ooo ~o.~ ~ b. . Batch2~ch~9-S~b~2000) [ 1780 [ $5~1,300 I I 3. Money collections for Utilities / Miscellmeo~ 4. Acco~t co~ected by CiV if accomt had been m~ over to ~e vmdor ~t co~tions h~ not 5. ~g~ Collections** / N/A ] N/A - % CSII not submittin~ rate ~lthout s~o~e o~ ~ork for ~11 legal accounts. * It'your fee structure is not based on a percentage structure as shown above, please provide a detailed explanation of your fee structure. ** No legal action will be taken without the express approval of the City of Denton. $:prch/bidsp¢c/2768cotl~tions Page 5 of 8 Agenda 02-019 06/04/02 #12 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager or his designee to execute an agreemem on behalf of the City of DeNon to purchase Cisco hardware from Forsythe Solutions Group, a Qualified Information Services Vendor (QISV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104957 to Forsythe Solutions Group, in the amount of $375,490). PURCHASE ORDER INFORMATION The overall purpose of this expenditure is to more logically connect the various buildings that have network connectivity utilizing "dark fiber" obtained from the City of DeNon Communications division. Core connectivity among major buildings will be 1000Mb/Sec. In addition, equipmem will be installed which will allow implememation of Voice over IP (VolP) to virtually any location with a network connection. Voice over IP (VolP) will provide a number of benefits to include: No separate phone switch will be required to service a remote location. The phone number assigned to the phone instrument stays with the phone, so that if a user must move offices, their phone number goes with the phone. Wiring costs decrease, since only one connection is necessary for both network and phone. ROI (Return on Investmem) calculations indicate that with an average savings of $250K/year, the cost of this acquisition will be covered within two years. However, the annual $250,000 savings will be realized year after year, as well as the much improved data communications to the users of the network, and among the major installations across the City of DeNon. RECOMMENDATION We recommend purchase order 104957 to Forsythe Solutions Group to be approved in the amount of $375,490. PRINCIPAL PLACE OF BUSINESS Forsythe Solutions Group Dallas, TX Agenda Information Sheet June 4, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT Hardware and software can be delivered within six weeks after receipt of an order. Installation can be completed within the following six-week period. This project can be substantially completed by the first week of October. FISCAL INFORMATION: This acquisition of equipment will be funded out of the Technology Bond Fund Account 83001300.1355.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 104957 Attachment 2: Quotation from Forsythe Solutions Group Attachment 3: QISV Certification 1-AIS-Forsyihe Solutions Group · Attachment Attachment 2 ~ o o ~ ~ o Attachme'nt 3 Forsythe Solutions Group, Inc. VID # 1=36-333-7391-800 QISV Orderiug Address: 14755 Preston Road, Suite 110 Dallas, TX 75254 Thb is a true and accurate copy of the catalogue approved with the General Serviees Commission, Effective Dnte of cation: February 19, 2002 here to vi$i~ ow ~si~e Vendor Contact Informati.~._n_ QISV Contact Information Contact Person'. Phone #: Fax #: E-Mail 972-702-6142 972-702-6133 AtCAm~ ~orsTmeMIW..O~_ ._c.c.c.c.c.c.c.c~ CMBL Address (if diffeFent): 14755 ~ It. oa~ Suite 110 Dallas, TX 75254 ~ #: 972-702-6142 Product / Services !_nformafion [Avm3ablt ~}4=20 Communication Control Units: Co~trato~ Multiplexot~ Couples, eto. , Mic~compute~s. Desklop or Towetbased Nficrocom~ Hand~d, Lap~, and Notebook Mo~,s, Co,or ~ad M~, (CiIA, VGA, SVCZi, .~.) htip:l/qlsvnnline.eom/fmsythesolutinns/ 5/9/2002 206-8O 206-93 -t[Retri~val Systems, Compuler Aided: Indexing, Retrievsl and Acce~"'~YStems (CD Devices, Electl~onic (Disk Drive Compatible) Panels. crc. ]lUtilities: B~;k-up'~h Fil~, Me~us, Ol~r~li~g Symm: N~ opmling ~ 209-91 [Utiliti~s: Back-up, B~.ch File., Mmv% Network Managem~ng ~ng $~, Recov~-y, ~ S~uri~t, vires Pm~fiotg 287-42 Mi~ (CPU ps, etc.) 287.~8 M/~owavc Equipment and Acccssoriesi Band Pass Filters, Coaxial Attenuators, Couplers, 5witchm's, 'Ilme~, Wave Cmidcs (Not Communioallon 287-~4 ~Pow~r Supplies, Compu~ ~ ., I , , , ., [ ,[i , ,. , . .. , , ~[,, · . TZ.~.I ? ~F.m~lg~. Telecommunication -, ' II I II .',,. * Il'? . , * ~1 II I T/~S$ J[Telephone Dialing and Answering Apparatus ~-s. p.~om~c~o,, ~,~ .~ .~..o~. 0~;i .o~-i.. ~~) .... '" :~lS-30 ,, JlComputer Neiwork Consu.!.ting ,918.-95 ~T~Iec0t~unlcatiom Consulting hup:#qisvonline.com/forsythesolutionst 5/9/2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE CiSCO HARDWARE FROM FORSYTHE SOLUTIONS GROUP, A QUALIFIED iNFORMATiON SERVICES VENDOR (QiSV) OF THE STATE OF TEXAS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (PURCHASE ORDER 104957 TO FORSYTHE SOLUTIONS GROUP iN THE AMOUNT OF $375,490). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing General Services Commission's Qualified information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QiSV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QiSV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 104957 Forsythe Solutions Group $ 375,490 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ., 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Po 104957 Forsuthe Solutions Group QISV Ord. Agenda 02-019 06/04/02 #13 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager or his designee to execute an agreemem on behalf of the City of DeNon to purchase informix database software licensing from iBM, a Qualified information Services Vendor (QiSV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104958 to iBM in the amount of $150,000). PURCHASE ORDER INFORMATION Informix is the database engine that supports the public utility billing system, municipal court management system, and geographic information system. As need for these systems increases due to user load and reporting measures, it is necessary to increase accessibility. We are curremly on user-based licensing which limits accessibility to the system to a fixed number of users. By moving to processor-based licensing, we remove that limitation completely. Additionally, by virtue of processor-based licensing, the annual maimenance charges are decreased versus user-based maimenance. User demand is curremly growing beyond our licensed capacity. To double our licensing, utilizing the currem user-based licensing method would cost more than $250,000. The vendor offering of a processor licensing solution provides a considerable savings, while affording unlimited access. RECOMMENDATION We recommend Purchase Order 104958 to IBM inc. and the related contract be approved in the amount of $150,000. ESTIMATED SCHEDULE OF PROJECT On acceptance of Purchase Order PRINCIPAL PLACE OF BUSINESS IBM Corporation Austin, TX Agenda Information Sheet June 4, 2002 Page 2 FISCAL INFORMATION The acquisition of product licensing will be funded out of Technology Bond Fund Account 83001300.1350.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 104958 Attachment 2: Quotation from IBM Attachment 3: QISV Certification 1-AIS- PO 104958 IBM Attachment 2 ~ ~ 66~19 ~ 91,~ ~ 7100 Document Number: Date: BILL-TO CUST0~R ACCOUNTS PAYABLE CITY OF DENTON 215 E MCKINNEY ST ' DENTON TX 76201-4299 U.S. QUOTATION 1764393-00 28 Feb 2002 Cust¢~er ID: 462914 SHIP-TO CU~TOt~R ANTHONY CARANN~ CITY OF D~FI~ON 601 PJi~T HICKORY TE(H~NOLO(;Y SE~v'I~ DENTON TX 76205 I 100-16181202010B IDS 9.21.UC6'1 75,000.00 75,000.00 USER OR DEVLP~IT LIC 4 CPU(s) IBM RS6000 MODELS AIX 4.3.3 AACgJ934740 THRU 934740 I 100-192212020102 IBM IDS 9.30.UC2-1 75,000.00 75,000.00 USER OR DEVLPMNT LIC 4 CPU(s) IBM R$6000 MODELS AIX 4.3.3 AADgJ246367 THRU 246367 Subtotal 150,000.00 Tax Amount 0. O0 U.S. Quotation TOTAL 150,000.00 PAGE I IBM Texas QISV Catalog Homepage Attachment 3 3 Select a country United States Home I Products&services I Support &downloads I My account Overview What's New Addenda QISV Codes QISV Approval Letter GSC QISV Listing Note to State Agencies Notes to all Eligible Purchasers Vendor Affirmation Site Map VID # 1-13-087-1985-200 QISV Ordering Address: 400 West 15th Street Suite 1200 Austin, TX 78701 Remittance Address: IBM Corporation PO Box 841593 Dallas, TX 75284-1593 Vendor Contact Information QISV Contact Information: See Contacts Below Phone#: 1-800-1BM-4YOU Fax#: 1-512-473-8085 Email Address: r~smccars~.us.ibm.com CMBL Address: 400 West 15th Street - Suite 1200 Austin, Texas 78701 Phone#: 225-295-8776 Fax#: 225-295-8890 Any personal information collected here will not be used for any purpose beyond the scope of this transaction. This is a true and accurate copy of the catalogue approved with the General Services Commision. Effective Date of Catalogue: January 1,2002 COMMODITYICLASS ITEM CODES: 204-53 206-25,91 915-76 918-29,30 939-21 962-18 HARDWARE SOFTWARE MAINTENANCE SERVICES 207-10,87 209-37,40,90 725-15,21 920-07,14,35,37,47,68 QISV GENERAL INFORMATION Cyndi Rutherford (512) 473-800 E-Mail: xdcruth@us.ibm.com FAX: 512-473-8085 State Agencies Local Government (City or County) Chuck Ashley, Client Rep D/FW (512) 473-8046 Julie Skora, Client Rep E-Mail: ashleyc@us.ibm.com (972) 561-6820 http://www- 1 .ibm.com/gold/portal/download/en US5/32263/home.html 5/22/02 IBM Texas QISV Catalog Homepage Page 2 of 3 PAX: b12-4/3-UUI59 Ken Harrell, Client Rep (512) 469-8383 E-Mail: kharrel('~___u s.ibm.com FAX: 512-473-8069 Andy Slack, Client Rep (512) 473-8046 E-Mail: slackj@us.ibm.com FAX: 512-473-8069 Talia Johnson, Client Rep 1-800-1BM-CALL ext.1580 E-Mail: talia~us.ibm.com FAX: 1-800-242-6329 b-Ma~l: ~a(_o).u s.ibm.com FAX: 1-972-561-7232 Houston Debbie Bruni, Client Rep (713) 940-2080 E-Mail: jbruni@us.ibm.com FAX: 1-281-556-0628 Linda Launey, Client Rep, North and East Texas 1-800-1BM-CALL ext. 2147 E-Mail: launey@us.ibm.com Talia Johnson, Territory Rep Central and South Texas 1-800-1BM-CALL ext. 1580 E-Mail: talia@us.ibm.com Fax: 1-800-242-6329 State & Local Government Executive K-12 School Districts Ron Wilt, Business unit Executive D/FW, Houston, East, Central TX (512) 469-8324 Stephanie Joyner, Client Rep E-Mail: rwilt@us.ibm.com 1-800-426-1751 ext.2171 Fax: 1-800-242-6329 Education Client Manager Panhandle, West, South TX Tracy Diaz, Client Manager Kiana Andrews, Client Rep (512) 473-8194 1-800-426-1751 ext.2140 E-Mail: tdiaz@us.ibm.com Fax: 1-800-242-6329 Higher Education PC's - Desktops, Notebooks and Servers Texas Susan Lavery, Client Rep 1-800-426-1751 ext. 2114 Fax: 1-800-242-6329 Elizabeth "Libby" Davis, Education Specialist (512) 473-8194 E-Mail: ebdavis@us.ibm.com Mark Byrd, Client Rep (512) 473-8082 E-Mail: mcbyrd@_us.ibm.com Fax: 512-473-8069 Notebooks 800-274-7799 ext. 66405 Servers 800-274-7799 ext. 62800 Customer Service 800-274-7799 ext. 66409 CMBL Address 800-274-7799 ext. 66409 CUSTOMER SUPPORT OPERATIONS 1-877-426-6006 OPTION 1 If you know your parties extension http://www- 1 .ibm.com/gold/portal/download/en US5/32263/home.html 5/22/02 IBM Texas QISV Catalog Homepage Page 3 of 3 UI~ IIUffi ~ ~araware, ~ccoun[s i--(ecelvaDle or L~IODal r-lnance Email: CSOARDAL@_US.IBM.COM OPTION 3 Software Questions Email: CSOSOFT@US.IBM.COM OPTION 4 Maintenance Questions(add machines or discontinue machines) Email: CSOMAINT~US.IBM.COM OPTION ,5 Services or Software Support Contract Questions Email: CSOSVCS@US.IBM.COM OPTION 6 All other Questions or to find a parties extension About IBM I Privacy I Legal I Contact http://www- 1 .ibm.com/gold/portal/download/en US5/32263/home.html 5/22/02 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE iNFORMIX DATABASE SOFTWARE LICENSING FROM IBM, A QUALIFIED iNFORMATiON SERVICES VENDOR (QiSV) OF THE STATE OF TEXAS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (PURCHASE ORDER 104958 TO iBM, IN THE AMOUNT OF $150,000). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing General Services Commission's Qualified information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QiSV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QiSV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 104958 IBM $150,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ., 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PO 104958 IBM QISV Ord. This page left blank intemionally. Agenda 02-019 06/04/02 #14 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance of the City Council of the City of Demon, Texas authorizing the City Manager or his designee to execute an agreemem on behalf of the City of Demon to purchase a high tech microwave data system designed for improved traffic signal control from CES Network Services, inc., a Qualified information Services Vendor (QiSV) of the State of Texas; providing for the expenditure of funds therefore; and providing an effective date (Purchase Order 104959 to CES Network Services, inc. in the amount of $38,736.88). PURCHASE ORDER INFORMATION This purchase order to CES Network Services, inc. is for the summarization of a study of our current traffic control system and the installation of radio controls for the existing closed loop system. This system will allow us to "communicate" with each individual controlled imersection. Direct individual communication gives us the ability to improve traffic flow, troubleshoot intersections, monitor intersections during peak traffic control periods, and allow for traffic control during special circumstances such as accidents, parades, weather related situations, etc. RECOMMENDATION We recommend Purchase Order 104959 to CES Network Services, inc. be approved in the amount of $38,736.88. ESTIMATED SCHEDULE OF PROJECT System components can be delivered in six weeks after receipt of an order. Installation can be substantially completed the last week of November 2002. PRINCIPAL PLACE OF BUSINESS CES Network Services, Inc. Farmers Branch, TX Agenda Information Sheet June 4, 2002 Page 2 FISCAL INFORMATION The project will be funded from Traffic Control Account 36001100.1360.43510. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 104959 Attachment 2: Quotation from CES Attachment 3: QISV Certification 1-AIS- PO 104959 CES o~ Attachment 2 0~ Attachment 3 CES ~.~,,o,. s.n,~../nc. PO BOX 810256 Dellae, Te~,a~ 75381-0256 · TEL: 972/241-3683 · FAX: 9721241-8973 ie E'Matl 5/13102 ~ of Denton 901- B Texas Street Denton, Texas 76201 Attn: Tom Shaw-Purchasing Agent Subject: ~tate of Texas CIISV pricinp Dear Sir: Per our telephone conversation, below highlights CES Network Services, Inc.'s designated State of Texas QISV Vendor ID Numbers: a) 1752663630700 b) 2466805874600 I hereby certify that to the best of my knowledge, information and belief; CES Network Services, Inc.'s price proposal to the City of Denton dated 4~24~02 is below the above described State of Texas QISV pricing. Should you have any questions concerning the pricing and / or our QISV Texas certification, please feel free to contract me. We sincerely appreciate the city interest and look forward in working with Denton in the near future. E. H. Flores President cwl EHF Cc: File (City of Denton) Kent Davenport -Esq. (Newman, Davenport & Epstein) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE A HIGH TECH MICROWAVE DATA SYSTEM DESIGNED FOR IMPROVED TRAFFIC SIGNAL CONTROL FROM CES NETWORK SERVICES, iNC., A QUALiFiED iNFORMATiON SERVICES VENDOR (QiSV) OF THE STATE OF TEXAS WHICH PROVIDES DESIGN, iNSTALLATiON AND CONFIGURATION OF MICROWAVE DATA SYSTEMS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 109 459 TO CES NETWORK SERVICES, INC., IN THE AMOUNT OF $38,736.88). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing General Services Commission's Qualified information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QiSV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QiSV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 104959 CES NETWORK SERVICES, iNC. $ 38,736.88 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ., 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Po 104959 CES Network Services, Inc. QISV Ord. Agenda 02-019 06/04/02 #15 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance accepting competitive bids and awarding a contract for the purchase of a skid steer loader and 4 wheel drive tractor; providing for the expenditure of funds therefore; and providing an effective date (Bid 2845 awarded to Conley Lott Nichols of Texas, Inc. for Item 1 in the amount of $24,375.63 and Zimmerman Kubota for Item 2 in the amount of $43,074.00 for a total expenditure of $67,449.63). BID INFORMATION This bid is for the purchase of a skid steer loader with air-conditioned cab and a 4 wheel drive 110 hp industrial tractor including extended warranties. Both units will be assigned to the Drainage Division. These items are fleet additions approved in the 2001-2002 budget process. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder as listed below: Item Description Supplier 1 2 Skid Steer Loader Conley Lott Nichols of Texas, Inc. 4 Wheel Drive Ind. Tractor Zimmerman Kubota PRINCIPAL PLACE OF BUSINESS Conley Lott Nichols of Texas, Inc. Dallas, TX Zimmerman Kubota Denton, TX ESTIMATED SCHEDULE OF PROJECT Delivery of Item 1 is estimated to be 45 days after receipt of an order. available within 60 days of receipt of an order. FISCAL INFORMATION Both of these units will be funded from the motor pool fund account. Price $24,375.63 $43,074.00 Item 2 is quoted to be Agenda Information Sheet June 4, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AIS-Bid 2845 Skid Loader and Tractor Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 0 I-- O0 Z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SKID STEER LOADER AND 4 WHEEL DRIVE TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2845 AWARDED TO CONLEY LOTT NICHOLS OF TEXAS FOR ITEM 1 IN THE AMOUNT OF $24,375.63 AND ZiMMERMAN KUBOTA FOR ITEM 2 iN THE AMOUNT OF $43,074.00 FOR A TOTAL EXPENDITURE OF $67,449.63).). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM # VENDOR AMOUNT 2845 1 Conley, Lott, Nichols $24,375.63 2845 2 Zimmerman Kubota $43,074.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons 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 in the Bid Proposal and related documents herein approved and accepted. SECTION 4. 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 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2845 3-Ord-Skid Steer Loader a~d Tractor Agenda 02-019 06/04/02 #16 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 4, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~~i~ SUBJECT An Ordinance accepting competitive bids and awarding a contract for the purchase of Concrete Utility Poles; providing for the expenditure of funds therefore; and providing an effective date (Bid 2850-Annual Price Agreement for Concrete Utility Poles awarded to Lonestar Prestress Manufacturing, Inc. in the estimated amount of $100,000). BID INFORMATION This bid is for the annual contract to supply concrete utility poles with exposed river rock aggregate. Denton Municipal Electric will utilize these items in the maintenance and construction of the electric distribution system. They will also be available to subdivision developers as an alternative to aluminum or wood poles. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Lonestar Prestress Manufacturing, Inc. as listed on the attached ordinance Exhibit A. PRINCIPAL PLACE OF BUSINESS Lonestar Prestress Manufacturing, Inc. Houston, TX ESTIMATED SCHEDULE OF PROJECT Listed items will be ordered as needed and can be delivered within 45 days of receipt of an order. FISCAL INFORMATION As items are ordered, they will be charged to the appropriate work order or budget account number. Agenda Information Sheet June 4, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AIS-Bid 2850 Concrete Utility Poles Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent t- Z oo ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE UTILITY POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2850-ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLES AWARDED TO LONESTAR PRESTRESS MANUFACTURING, iNC. iN THE ESTIMATED AMOUNT OF $100,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2850 All Lonestar Prestress Manufacturing, Inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons 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 in the Bid Proposal and related documents herein approved and accepted. SECTION 4. 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 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2850 Concrete Utility EXHIBIT A Bid # 2850 ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLES PRESTRESS Principle Place of Business: HOUSTON, TX SERVICE POLES 1 2 Pole, concrete, gray, service, 24'-900 lbs minimum breaking load 2 ft below the tip. $298.00 10 Pole, concrete, gray, service, 30'- 1180 lbs $355.00 2 minimum 2 ft below the tip. 3 1 Pole, concrete, gray, service, 35'- 1240 lbs minimum breaking load 2ft below the tip. $415.00 LIGHT DUTY 1 Pole, concrete, gray, service, 35'-2950 lbs $437.00 1 minimum breaking load 2 ft below the tip. 2 10 Pole, concrete, gray, service, 40'-2780 lbs minimum breaking load 2 ft below the tip. $51 5.00 3 30 Pole, concrete, gray, service, 45'-2670 lbs minimum breaking load 2 ft below the tip. $615.00 4 5 Pole, concrete, gray, service, 50'-2670 lbs minimum breaking load 2 ft below the tip. $685.00 2 Pole, concrete, gray, service, 55'-3500 lbs 5 minimum breaking load 2 ft below the tip. $790.00 HEAVY DUTY 2 Pole, concrete, gray, service, 35'-5350 lbs 1 minimum breaking load 2 ft below the tip. $51 5.00 2 4 Pole, concrete, gray, service, 40'-5090 lbs $600.00 minimum breaking load 2 ft below the tip. 3 30 Pole, concrete, gray, service, 45'-4880 lbs minimum breaking load 2 ft below the tip. $700.00 4 30 Pole, concrete, gray, service, 50'-4710 lbs minimum breaking load 2 ft below the tip. $805.00 5 10 Pole, concrete, gray, service, 55'-4590 lbs minimum breaking load 2 ft below the tip. $805.00 6 5 Pole, concrete, gray, service, 60'-4470 lbs minimum breaking load 2 ft below the tip. $980.00 5 *SHIPPING $425.00 100 *ADDITIONAL 11/16 IN HOLES BEYOND 16 $3.00 COMPLETION DATE Agenda 02-019 06/04/02 #17 AGENDA INFORMATION SHEET Planning and Zoning Staff Report AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 4, 2002 Planning Department Dave Hill, 349-8314 SUBJECT - Z02-0021: (Bob's Barber Shop) Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit (SUP) for approximately 0.3 acres, commonly known as 1022 Stanley Street. The site is in a Neighborhood Residential 3 (NR-3) zoning district. The subject property is located on the east side of Stanley Street south of Crescent and north of Linden. A home-occupation barbershop is proposed. The Planning and Zoning Commission recommends denial (7-0). BACKGROUND Applicant: Robert Lawson Denton, Texas The applicant is requesting a Specific Use permit to allow for the operation of a home- occupation barbershop as an accessory use within an existing single-family dwelling. No exterior changes to the single-family structure are proposed. Since the Planning and Zoning Commission public hearing on April 24, 2002, opposition to the proposed barbershop has changed. On April 24, 2002 the opposition totaled 28.1%. As of May 22, 2002 the opposition has been reduced to 20.7% due to three property owners, within 200' of the subject site, rescinding their original opposition (Attachment 3). However, since the Planning and Zoning Commission voted for denial (7-0) and because opposition is still over 20%, a super majority vote (6-1) is required by City Council to approve this request. OPTIONS 1. Approve as submitted. 2. Approve w/conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial (7-0). ESTIMATED PROJECT SCHEDULE A building permit must be issued prior to the beginning of construction. The subject property is platted. 1 PRIOR ACTION/REVIEW The following is a chronology of Z02-0021, commonly known as Bob's Barber Shop: Application Date - DRC Date- P&Z Date- March 21, 2002 April 4, 2002 April 24, 2002 No Neighborhood meeting was held. FISCAL INFORMATION Development of this property will require no short-term public responsibility of the city. ATTACHMENTS 1. StaffAnalysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Photographs 5. Site Plan 6. Letter from applicant 7. Planning and Zoning Commission Minutes, April 24, 2002 8. Draft Ordinance Prepared by: improvements that are the Mike Grace Planner I Rest~ectfullv submitted: Douglas S. Powell, AICP Director of Planning and Development for~ ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant has applied for a Specific Use Permit (SUP) to allow for the operation of a home- occupation barber shop (see Attachment 5). The proposed 13'7" by 7' barber area will be in the garage section of the home and will contain one barber's chair, one (1) waiting chair and two (2) small desks. No changes to the exterior of the home are allowed or proposed. According to the applicant, customers will have access to an existing restroom located within the garage. Direct access to the barbershop area is provided by an outside door and also by a door providing entrance via the living area of the home. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Neighborhood Residential-3 (NR-3) zoning district and land use classification by Ordinance 2002-040. This site was previously in the Single-family-10 (SF-10) zoning district and land use classification by Ordinance 69-1. Adjacent zoning. North: Neighborhood Residential-3 (NR-3) South: Neighborhood Residential-3 (NR-3) East: Neighborhood Residential-3 (NR-3) West: Neighborhood Residential-3 (NR-3) Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Development Review Analysis Transportation Trip Generation. No significant vehicle trips will be generated. A TIA will not be required. Access. The development has access from Stanley Street. Environmental Quality Impacts No environmental impacts from the proposed development have been identified. Development Code/Zoning Analysis Subchapter 35.12.10 (P), a home-occupation barbershop is allowed only with the approval of a SUP and shall consist of no more than one beauty/barber chair, and no more than two (2) customers shall be permitted at one time. Said business shall operate only between the hours of 8:00 a.m. and 8:00 p.m. Subchapter 35.12.10 (F) states, a person who engages in a home occupation shall not place an advertisemem, sign, or display on or off the premises. Subchapter 35.12.10 (M), no on-street parking of business-related vehicles shall be permitted at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles shall be limited to one. No additional parking spaces are required or proposed. Section 35-112 of the Zoning Ordinance (69-01) states that a Specific Use Permit shall be issued only if all of the following conditions have been found (the applicam's responses are included below): That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The operation of a home-occupancy barbershop should not diminish or impair property values in the immediate vicinity. e That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The establishment of this specific use will not impede the normal and orderly developmem of surrounding property as all surrounding property is fully developed. e That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities are in place. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The existing driveway meets the requiremems of the City of DeNon. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; No offensive odor, fumes, dust, noise or vibration are anticipated. e That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and No additional lighting is proposed. e That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. No additional landscaping or screening is required as no change to the exterior of the existing home is allowed or proposed. Section 35-113 allows the Commission to recommend additional conditions on the proposal to protect the public imerest and the welfare of the community. STAFF FINDINGS 1. The proposed use is compatible with The Denton Plan and the Denton Development Code. The applicant has provided all the information required for a Specific Use Permit. The establishment of a home-occupation barbershop at this location will not have any detrimental impacts on the surrounding area. o This neighborhood consists of larger than average lots. The subject lot is 155' by 90' in size. The house sits back approximately 47' feet from the street. The driveway is approximately 47' long and 19' wide and will easily accommodate four (4) vehicles. ATTACHMENT 2 Maps NORTH Location/Zoning Map Scale: None NORTH Land Use Map Neighborhood C e~tter 1022 Stanley Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map )osition ~ 1101 CRESCENT 1023 lOll 1003 1002 1003 LINDEN Limits of 2( Scale: None Newspaper Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 5 · In Favor: 8 · Neutral: 1 March 30, 2002 18 60 7 Percent of land within 200' in opposition: 20.7% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses RESPONSES WITHIN 200' Neutral/ Property Owner /In favor Comments Name and Address /Opposed* John Piott 1027 Stanley Opposed No Comments Catherina Hardy Opposed Adamant 1101 Stanley Harry J. Plumadore Opposed No Comment 1023 Stanley Beatrice GIover Due to resulting traffic, parking and property values, I 1016 Stanley Opposed do not want this change. Claud M. Cowan Proposal would be a minus for the neighborhood and 1100 Stanley Opposed would not provide any benefit to the neighborhood and would devalue property. James A Mann In favor No Comments 1008 Stanley John C. Beck, Jr. In favor I was on vacation and did not get this in and I want to 1002 Stanley Street be counted as in favor of Mr. Lawson Kenny Taylor In favor I rescind my opposition 1027 Thomas J.D. Coffin* In favor I am rescinding any opposition and I am in favor. 1017 Stanley (Originally neutral to request) Frank & Hilda. Rachel In favor I am rescinding any opposition to request 1003 Thomas David Honea In favor I am rescinding my past position on this matter to in 1019 Thomas favor of it. (No opposition notice on file.) Larry Calvert In favor I am rescinding my opposition and am now in favor. 1101 Thomas (No opposition notice on file.) Paul Lehrer I spoke with Bob about his intentions and am satisfied 1026 Stanley In favor to the nature of the business he intends to operate - I hope he "cuts" me a deal! Lynne Prater Neutral No Comment 1011 Stanley A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ADDITIONAL PROPERTY OWNER RESPONSES Neutral/ Property Owner /In favor Comments Name and Address /opposed* Jimmy L. Stinson In favor No Comment 819 Thomas Benny Ray Copeland Opposed No Comment 1229 Bellmead Drive Opal Harpool In favor This barbershop would be great for elderly people in the 1002 N. Bonnie Brae neighborhood. I can see no problem at all. Todd Spurgin In favor No Comment 924 Stanley John C. Beck, Jr. In favor I was on vacation and did not get this in and I want to be 1002 Stanley Street counted as in favor of Mr. Lawson. I feel that having a barbershop in my neighborhood would James A. Mann In favor be an asset, because many of us are 70 years old and 1008 Stanley older and don't drive and we could just walk to the barbershop. Sam Prater Neutral No Comment 1011 Stanley J.D. Coffin In favor I am rescinding any opposition and I am in favor. 1017 Terry Maxwell In favor No Comment 1107 Stanley Frank Kay In favor No Comment 812 Mary Lyles In favor No Comment 902 Thomas Street Elderly neighbor wants to provide a peaceful, legal income for himself & spouse. All this without requiring me to Yvonne Arriaga In favor support his family through some form of public assistance. 903 Thomas Street Sounds like a "no brainer" to me. I beg the council to use logic & common sense too. Angie Sheppard In favor No Comment 909 Thomas Street Dorothy J. Flores In favor No Comment 915 Bruce C. Coates No Response No Comment 923 Thomas Street Frank & Hilda Rachel In favor I am rescinding any opposition to request. 1003 Thomas David Honea In favor I am rescinding my past position on this matter to in favor 1019 Thomas of it. Patricia M. Morey 1020 Thomas Street In favor I hope that Mr. Lawson's request will be approved. Kenny Taylor In favor I am rescinding my opposition and I am in favor. 1027 Thomas Street Ronnie D. Hawkins In favor I believe a person should be allowed to have a barbershop 1030 Thomas in his garage. Hasse Ghadiri 1100 Thomas In favor No Comment Larry Calvert In favor I am rescinding my opposition and am now in favor. 1101 Thomas Susan Cheal In favor No Comment 1107 Thomas Street Jay Carrico In favor No Comment 1114 Thomas T.J. Light In favor My husband will be using his services! 1119 Thomas Street Ben Merritt In favor No Comment 1120 Thomas Samuel Weller In favor No Comment 1124 Thomas Street Pauline James In favor No Comment 1200 Thomas Leta Spindle In favor No Comment 1201 Thomas Teresa Zahm In favor No Comment 1207 Thomas DeDe Hubbard No Response No Comment 1211 Thomas Richard L. Hofer In favor Within walking distance of home! 1212 Thomas Street Harold E. Ferguson In favor No Comment 1217 Thomas Charles Bode In favor No Comment 1218 Thomas Arthur Quintanas In favor No Comment 1222 Thomas Lacyn Carter In favor No Comment 1104 Bellemead Drive Thomas E. Wagner In favor No Comment 1105 Bellemead Natalie O'Brien In favor No Comment 1119 Bellemead Jannette Hindman Neutral No Comment 1206 Bellemead Mario S. Batac In favor No Comment 1207 Bellemead H.A. Newson In favor No Comment 1210 Bellemead Morris Martin In favor No Comment 1211 Bellemead Dorothy McBee In favor No Comment 1214 Bellemead Benito Whitefield In favor No Comment 1215 Bellemead Don P. Mize Neutral No Comment 1222 Bellemead Lynn McCreary In favor No Comment 1027 Hillcrest ATTACHMENT 4 Photographs 13 ATTACHMENT 5 Site Plan NORTH i APR' 0:5 ZOOZ ~ PLANNING & DEVELOPMENT .................... LoT I 15 Attachment 6 " To whom it may concern: I Robert Lawson would like to put a very small Barber shop in my garage. There will be No changes to the apperances of the house or property. There will be no'~outside lighting. There will be No signs and No obstructions to other~ by customers and their cars. TA~ shop will not have more than two customers at any one time. T~ shod is just something for me to keep up with my skill that I lov~ and have bemn doing for 43 years now. It will in No way open the doors for rezennlng in th~ future, This is for a special use permit only. I DO NOT MIND BOB LAWSON DOING THIS: 17 ASSITIONAL ~[~QOIRF24ENTS/CONDITIONS FOR APPROVAL per Sec.35-112 (ZONING OKDINANCE): 1. That the specific use will be compatible with and not injurous to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. THERE WILL BE NO CHANGES TO THE OUTSIDE STRUCTUR OF EXISTENT STRUCTUR OR PROPERTY. NO SIGNS, NO.0BSTRUCTION,AND NO.SIGN .OF CHANGE VISIBLE CHANGE. 2. That thc ~stablishment of the specific use will not impede th~ normal and orderly development and improvement of surrounOing vacant property. There will not be any signs placed on the property. No'cars in the street, and will only apear that someone was visiting for a yew moments. 3. That adequate utilities,access roads, drainage and other necessary supporting facilities have been or will be provided. THE PROPOSED USE DOES NOT ALTER THE EXISTING DRAINAGE PATT~RN~ OR UTILITIES,RESTROOMS, SINKS,AND OR ACCESS ROADS. 4.The design, location and arrangement of all driveways and paking spaces provides for thesafe and convenient movement of vehicular and pedestrian traffic without adversely affection the general public or adjacent developments. The design of the barber shop w~ll not change the outside. the location inside pamt of the garage. The arrangement of drivewa~ is fit for (4) vehicles without makeing any changes to it. There are NO trees or shrubs to obstruct view of street from either side of drive. No changes of any kind. 5. That ~dequate nuisance prevention measures have been or willbe taken to preventor control offensive odor, fumes,dust, noise and vibration. I know of no offensive o~ors, fumes, dust, noise an4 vibrations caused from barbering. I have always kept an air purifier in mM barber shop for reasons of clean air and health. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There is no need for directorial lighting and if it is dark early there is a street ligh~ on ~orner of property at this time, so agai~ there is no outward changes. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. THER~ IS NO C~ANGE TO EXISTING PROPERTY NOR IS IT NECESSARY · IN THE FETURE TO MAKE ANY. PLANNING & DEVELOPMENT MY PERSONAL FEELINGS ABOUT BARBERING I am an eighth generation Barber. It was my Father and his fathers before him and I am the only son that carried it on. I am getting older and I would just like to carry on my skil and I do not have the money to continue to build new shops in other peoples buildings. I am not trying to make a big business out of it. I just love Barbering and here I know I will be able to do it as long as I wish. Thank you. Yours Truely Robert Lawson To Whom it may concern: I Robert Lawson would like to put a very small Barber Shop in my garage. There will be NO C~.ANGES to the apperances of the house or property. There will be NO OUTSIDE LIGHTING. There will be NO SIGN~ ON PROPER~"f and NO OBSTRUCTIONS to others by custermers at any one time. The shop will not have more than two customers at any one time. The shop is just something for me to keep up with my skill that I love an~ have bean doin~ for 43 years now,as my father and his father before him,for tbs last (8) eight generations in the family. It will in NO way open the doors for rezonning in the future and change our community. This is for a special use permit only. ADDRESS/.' LPLANNtNG & DEVELOPMENT 2O ~AY 14,2002 TO whom it may concern: % am not wishing to change zonning,but to receive a Specific Use Permit (SUP). THAT DOES NOT REQUIRE REZONNING. Subchapter 12 of the Denton Development Code. (P) Home Occupations requiring a SUP. In consideration of EVERY NEIGHBOR AND NEIGHBORHOOD I Robert Lawson would lika to put a VERY SMALL barber shop in my garmge. There will be NO C~ANGES to the apperances of the house or property. There will bs NO OUTSIDE LIGHTING. there will be NO SIGNS ON PROPERTY and N0 OBSTRUCTIONS to others by cnshermers, cars,noise,traffic as there can only be two cust~rmers at any one time. In fact if one did not stand right there lookin~ all day no one wou%d know i~ was there. The shop is just something for me to k~ep up with my skill that I love and have been doing for 43 years now,as my father~ and his fathers befor~ him,for the last (8) generations in the family. It will in NO way open hhe doors for re~ing in the future and chang~ our community. This %~ for a special us~ permi~ only. I DO NOT MIND BOB LAWSON DOING TNIS: NAME 2! 1 2 11 15 17 ~3 A~tachmcnt 7 COMMISglOlqER RI$IIEL: That will ll~n No_ 15 A~da, Onc~ come inn) pos~erl will Lawson is k, ca~d- as 1022 S~mL,'y Street as you can sec hopefully on ~ n~nit~ h~, if Ih~ ca~ can ~m ia, sou~ oF ~cm( and n~ of Lindsay. 1'~ barb~ al~ is pmp~ ~o be in ~ss~ usc. Ti~ p~ ~ ~f ~ s~ucinm will t~l~oln a O~le fmfly s~cmm. I ~, a ~i~ and it w~ coa~2 otw bar~"s &a~, o~ waiting cha~ and two stmlt &~s. ~d I'd l~ m n~ ~at no mom limn lwo pa~ns me allow~ at a No c~n~s m tim ~im et' ~e ~ am Page 83 ] rcuui',vd cwo ruslIrmsas far. O~ 2 was in hvor, Thc ~poam ~'s 3 yo~ ~c~p, aaa ~at's w-~t w~ 5 m ~ petition, but s}~ is nat lis~ 6 as ~ prepay owns. 7 And. again, ~ t~posi~mt is ov~ 20 8 p~ccn{. ~ul con~lud~ my pt~,cnmfion. ~ a~licam 9 is avadlahle ft~ ~' q~aona. l 1 f;~ quc~tlons of s~fP/ ~ank 13 ~Lilion~w is Mr. Law,on: is fl~t c~t? Page 82 bekwozn t}~ hours of g:00 a.m. and 8:00 iq-m, Subchap~' 35.12_10 Section [;' of the Dex~opm~nt Code state~ that a 1 3 4 advertisemgrlL sqgn, or display on or off ;he prcanisc. 5 $~hon 35.112 of ~ ~ning 6 sm~R ~at a sp~ific uae p~mit sMII be is;~ only- 8 lis~ in 3~ bac~p, ~d ~ a~lLanl has m~ 9 conditions, yd li~ ~ no~ -- if you ~U ~ok m ~ 11 h~'s c~air. ~ si~ two desk~ and ~c -- a 13 l'd 5~ for ~m to km~, Omt 14 wi~in 100 t~t is ov~ 20 pm~cnt, T~ wa~ 60 ceu~y 15 n~ sat out and 18 ~1 .vtkce sa~t oat 16 ~-- i7 COM~0NFR RTSHEL: W~J W~B 18 21 b~ ~al rm~n~$ I~n~ in since ~e 22 has h~n x~T;~. ~ ~ve ~ ~s~t oar m yon. 23 ~is a disc~an~y~m one of 1~ ~es~tm~ thai you%'¢ 24 h~ ~nd~ md, fl's lis~i oa ~ pe.fifi~, 25 ~o. 4, Desi M~n, ~is paflieulm' P~k' ~ have 14 MR. I,AW~iq: ¥~. 15 C:C)MMLS~IoNEJ~ RIStlEL', would Mr, ~nn c~ ] 7 MR. T,a~C)K: YeS. 18 ~MM~[ONER ~SHEL; would you ~ ca~ 19 m corn= 20 ~x. sAwmy: s~'s ki~d of 21 ~M~toN~[mgs: ~y, D'yotfd both 22 ]ik~ ~ up~ I'd l~e m ha~ you bo~ e~ fo~a~ at 23 this lime. Tf ~ woa~ gi~ n~ yo~ nm~. a~d mk~s, · 24 ~. LAWSON: All light My ~e is Robcwt 25 Lawson, I live al I022 Sma~' S~ in ~mn, I~a~. Page 84 ] An~[ t~J~ is thc first 6me speaking before tim council 2 here ill DclatOl~ and l'm glad mbc hca-o in D~ton. Insed 3 to [i'¢'c in ~lka~ Oklahoma, 4 '5 6 7 8 9 1t3 11 12 ]3 14 16 17 18 20 22 23 '24 25 PLANNING AND ZONING COMMISSION APRIL you 1~. ~.m. ~WSON: ~ntl I'm glad ~t you trove els ~. I don't know it' p~ap~ can s~ lkk. Fd li~ ~ c~in ~is, And ~plain - I c~ un~s~n~ ~pl~ 9ring in such a ~ c~ml~iw ~nld be hom~. I ~n trade,nd, you k~', ~bein8 you ~ow, abas pmpel~ values and ~fL I live I'~n oonc~n~t ;u iL ~d [ do my M~t re be ~ I wa~ ~ ~b~rh~ and spo~ as many as I eoal~. Some o[' t~n dJdak ~m[ lo sp~k, and, you know-, a~ fmrfnl of whaf8 going ca. I was not U55ag ~ tim, li~ i~ighborh~xt ~tt, a conm~citd blisiaess n~hbor~od, I'~ h~a bar~ng for 43 y~. iln~ I have b~n in ~n~u, I bavo b,iik ~u~ diffe~t ~arb~' ~ops ~ch fi~ cos~ tl~ a qlti~ la~ s~ of m~nud, i'm ~iai o1~. I hay, a wi~ ~ t~¢ care of aM I've ~ a b~b~, like I say, 43 y~s. ifs ~t in d~ imply, i'm ~ e~gh~ ~afion. And I'd 24TIt, 2002 Page 8l - Page 84 22 Condon~It i to continue my harkx~ring, i questions of Mr. ~w~n? Thm~ ~ v~ much, Mr, ~w~n_ 2 And my idea of' putti~ a b~b~ shop in my 2 This is a public I~r~g. On~ again. I'g ask anyone 3 h~¢ was one ~at i co~d continue my k~ and my ski 11 3 wtmltt li~ t~ spmk ff t~ wou~ fill out a ca~, And 1 4 t~ the ~st of my lire. if I was like my gr~d~at~ 97 4 Mve s~,~al ~¢le ~Mt would I~e ~ ad~s als iss~, 5 ~m old. I m~d ~11 cut Mir, And in conniving ~e 5 T~ t~t ~on Irm goi~ m call on i~ a 6 ~le in tt~ ~ighborlmM, I pr~ a v~' small ba~r 6 Sc~ La~tl~_ ~Ct ll~ [~ SCOa } bo folloa~ by 7 ~op. I*'s only ~ven f'~t ~. [[~s 17 r~t lf~ ~e 7 ~o~ McFarli~. ff~. McFarling cotflg join us in thi~ 8 working ~a in ~c and tim. restroom t~¢es up most of lh¢ 8 clair h~hl up ~, Mr, Lanfford, would ~a gi~ m your 1 il [nc~.g by ~ven f~[ a a wm[~ ~a. 1 spo~ to Mike. : 10 ~;a. r.a~ason~: scta~ Langfo~, and t 1i~ 11 Mike a~as vl~y helpful ~ me, you know, ~ my phmning of, l]] at 8 t O san~ ~ in 13 ~nton, you kn~, as m a home ~cupati~l hush, ss. 1 ~ ~mk ~ y~, Vm about ~ ~*usos pau~ ~t~ 500 1 * And m wifl~ the ~mmtlnily in mind ad t'~ 14 limit on ~s. Bm I ~mlic~ tt~ si~ and 0~ inla it 15 go~.'~ing bMy ia ~ntm ~d ~ ~ca and r~u[ations is 1S and ;aw a proposal lo put a bab~ s~9 in. ~is is an lfi w~m; my plan ~t a~ to. You ~vc o~- w~ting 16 ~stablish~ ~i~fial ar~. We mo~t t~ six 17 chair, You' ;e only allowed ~o ~le a[. any ~ time. 17 ago. We ~ re live ~ t~ ~n~ of Willgw W~d and 18 So I don' k ~d mom thru ~e wMfi~ e~ ~d ~e bar~ 18 W~t~ia, And one of t~ ~ons ~ medrol Off 0f 19 chair. And ov~ng will he &~m by a~oinmamts, i r 19 ccn~ w~ bccau~ il'~ basi~lly a m~ track, 20 itrs app~ved w~ -- and a[lottca enough time~ l' know 20 'r~ s~ T's ~tt' ca bo~ ends, And 2t how long it takes ~, and s~ncti~ people wahL Lo ~, 21 of 11~ ~hk~s ~ 9~ about it b~idu, ~ n¢i~sh~,~ 23 B~bers talk. And ~ I would alot cno~ time that if 23 ~ ~san, ~d ~ i~ el pm[in~ a bar~ shop whit[ 24 ~y wan~ W spend an ex~ 15 m[nu~s and ~lk', you 24 ~d~ ca cus~ coming and b~ir~ in a m~i~thl 25 ~W, whe~ th~'m not running o~r ~ch~xly cl~. 25 n~hor~oM asmtmds mo, [r h~ ~ m have a Page 86, Pa~ 88 3 hellcat ~ ~ was ~ing lo ~ s b~bm' ~hop, nobody 3 their hush, as. 4 ~robably would l~ knt~n ~1 ~ ~ one ~au~ it 4 ] have h~ by ~s houm. I have ~ 5 ~m~'t c~[~ th; F~ in ~y' way. A~d I did my best 5 mol.or home ~t6ng in the ~iv~ay ~yiag one 6 m s~ ~tr iL would not be ~J~x~ul m ~y~, nm 6 ~ oF ~u ~vc~vay, i'm a~ng that would go in ~ g T~'~ ~,~ driv~ay ~,~ wi~ my two g 9 v~c~s m park m;o m~ ;whideL and ye can only ~ee 9 ]t'8 a quit peaceful s~t. We don't l0 m,o p~ple at a Lime. ~d wifl~ ~ spa~ a~t~ in my" 10 have thc problmna ~t nmsl ov~one el~ in tim City of I ] platmlag, 5m~ know, ~ple weak bc mngag ov~ -- my 11 ~nt~ complains about in ~a of Ip~s and cxaas 12 eottc~'n ;v~ m ttta~ 3m~ ~t ~m n~bo~ ~ not 12 W~t'iC. ~q~en we ~t ~lowi~ things I i~ ~s in. 1 13 hind~t wilh a h~ch of' cars 3~ in from oF tl~r 13 Lhink xs~ will. [f ~mm~¢ ~ something h~ ~ek home, 14 hawse and ututt~h~ ~e st~ an4 pe~le cannot ~kive up · 14 if ~y wot to ha~'e a offi~ ia the ba~ w~ ~ey 17 i wan hi lmpes, yon know, ~at my ~ ~p~ ~ ~ 17 t~y' re th~. 18 co~uniW w,~td ccmdd~ my livelilmod, my fa~. ~ my 18 A b~ber shop (~ds on custo~s, md you 20 is allo~, aa I wcn'~ m~ up a lot of ~'o~ time, 20 there wi~ a ~uek stop ~5er s~m ~ it, I know 22 co~:om~ ~srrm .: we amy have acme 22 cut ~'. My con~ ~o ks ~t hc would go b~k to 23 qumtions, 5~. Lawson. 23 ~,onds whom M got ~ cus;~crs from initially_ We're 24 Mk. LawsON: okay. 24 goi~ to have ~k trifle, coming ~ ~au~ PLANNING AbID ZONING COMMISSION APRIL 24TH, 2002 Page 85 - Page 8 8 23 CondenscItTM Page 89 I large tracks in a ms£demial street. 2 We have a quiet neighhm'tm~s:l, Wc ~[~'rc ~ ~op going in~ a ~nhM ~=. %ink about 5~r 5 ~ and how wo~d ~u H~ m Mvc a b~ sh~ ~ it. 6 ~k you. 7 COM~tSSIONEI RISHEL: 'Y~ yon, Mr. 8 Langt~rd, Mr_ McFafliag. 9 M~. Mf'.FARI,~G: Yog. i'~ Bob Mcb'~ling. 10 Exml~ ~m, I bctter h~k up a li~le. 12 Mm m(>'.4~G: l live at 915 S~nley. 13 Fvc h~ ~em 25 5~am. ~r~ of you I ~ow. ~. 14 Pop, Il, i've work~ with his chit&a, and I've work~ 15 mfl~ you ~ Scouts. I've b~ m 915 Stray 25 ~m~. 16 I'm m~iy con~m~ about this 1~¢ of hush, ss going 18 worh~ wi~ tm~crs as a bar~.r. ~t's h~ 19 cji 20 He [ndica~d ~e wo~d ~ ro~ for two 21 e~ m park in his drive'ay_ ~'~ ~1[ and good, but 22 it's hard m p~k two 654~t ~tor ~l~s [~a 20 Z3 f~ &R~vay. %at would ~e up an cnlim blocZ 24 Cu~ntty our m~t i, amd by ~le j~i~, ~5 pu~ t~r b~bies in carriag¢~, &y a~d a~t. P%m 1 yew quiet ~d v~ pm~ful. E~e a~t was rebuilt 2 [98~1. lfyoubfingma few r~s~atweigh 150 -- 3 200,000 pomds, iL wiK ~ built ~in in a mup]e of 4 3 So Ihn con~d by ~vem[ ~i~, 6 notre, ~M atmo~e, tm& ~affic anti s~t 7 ~t oMy th~., but all the~ ~ngg would bring about a S ~valua6on in pmpo~.y. I'm aw~ of thua¢ tbin~ 9 ~aum i'm fist a li~n~ r~tor. So 1 tNak I ~k 10 ~mmng w~ I'm saying h~e_ ~mk you. ] ] COMMISSiONeR mS~: Thank y~, ~. 12 MoY~lin8. I ~v-e mx.'~al c~(N of OeOl~ie who ~d 13 wi$h to gp~. [ ~51[ ~ve a amc ~d wlmt they st~ed 14 lmm, M~ Gutzi and she ~ag cppc~ m it. 8~ t~ no 15 k, rth~ cmm~ ~o~h. Pa~icig R~d, ~ was oppo~ 16 to it, but did not' wish to spe~_ ~ R~dal 1122 ~7 gt~' was ~po~d ¢* it, but &d not wi~ in ~pe~. 18 Lanclle II,is at [ [ 18 Stmlcy w~s oppo~d to it and sim 19 ssi6, "if you chan~ fl~e ~nit~ Jaws ~ ~m neighborhood 20 gc~s. I grow ;;p in tt big city and mw this ~p~ns. 21 wag tmsl~ out." Annie Watkins at 1128 Stagey did 22 wi~ m spa&. "~iu i~ ~ cambhshed ~lc l~n~y 23 ncighborhotd. P~am do not desmoy it wkfl~ b~inesms 24 and morc t~io." ~ Wa~ins was oppomd ~d ~ys, 25 "~is is -- ~m's no nc~q for a b~ ~ep ~ Stanley Page 9 I [ 2rt~q: nor -the extra traffic it could create, It also 2 stxms tm.fair ~o o~;, o~ batb~s who pay 1axe, ~nt, 3 tlliliti~ ~llqd maiu~anc~ to alLow a ~h~ in a ~i~fial 4 n~h~hoM." ~D~. Nancy Slack m 1 122 SmaLl, 5 ha~ alxmy~ h~ a v~ ~ ~b~od. , 7 oth~s will follow and t~ =affic will 5nc~am. '[~ 8 nei~b~ho~ ha~ a n~bm of s~ c~n and 9 ~affic ~dll he a major pmbl~., not to m~don ~ val~ .10 of mm ~Ly ~si~." ~9. H~' Shot al i~29 11 Stmfluy is on~ aga~ ~po~. "~ zoa~ for buaSn~s. 12 ~ ~borho~ will d~dorum and t~ pmp~ly J3 Mll~x~m. Iamv~'oppos~chm~. I~a511 14 bring mt~imh~ to o~ ad~borhood." Chra ~uthim 15 a~ L219 Sm~~, W~ oppo~t lo it, "~is is a i~Jl}r 16 ndghbofltc~d. "No zoning and c~l. Ami it shunld 18 ~s. Cm'ol C~lis~ at 1307 Sta~. "I 19 want ~ ncighb~hood ~ t~min ~csi~thl only_" 21 gmat, was ~os~ m it. "~is ~;~sl i, ora of 23 ~posing thi~ ~ue~t," ~. C~ Cafli~b at 1~7 24 S~mk~ was ~po~ k~ iL M~ ~d l~ ~m~M. 25 ~ at [112 Stanley was op~os~ ~ ii_ "~i~ is Page 92 I vomeLhing I wm~t on my street." CatherLne Hardy al 1101 2 Stanley. "Tr,is shouifl minaia a residential area." And 3 was opposed ko it, 4 LucJlle Radey, R-A-D-E-Y, excuse me if 1 5 mispronounce that at 1213 Stanley. Was opposed to it_ "1 - 6 do not. wish a barber shop looatod om Stzmley Street." 7 Martha Stevens and ThOl'l:lg8 Stevens al. 1/ ~ay8 wm opposed [o il., "Stanley Street is ~ w¢ll-esmblishcd £atml¥ neighborhood, t do nor waat more 10 traffic." 1 Mr. Bill Lowry at 923 Stanley Street was 12 opposed to it. "I'm 0gah~st reztoning on Stanley to a 13 ho~-o~cupicd harbor shop." And thc final card I'll mad t4 was Mrs_ Leto Lawson, the petiLioncr's wife, who did not 5 wish to speak, but she said, 'q support mi,' husband. And 6 we have talked this over and pmycd about i[. And in no 7 way would want to do anythina hccaum of the .... I'm not 8 quite ante I em make this out. But &c would like. to .9 suppor~ thc addihon or' the Barber slmp on Stanley 20 That's alt ~1¢ Card~ I ha¥~ at this time, 21 go I presume that's all ~c spewers we have_ _Mr. Lcare~, 22 you havc a card, if you'd bring it forth. Would yon .'23 please giw us your name a~d address? '24 MR. LI2ARFa: caul Iazamr, 1026 Stanley. COMMISSIONER RI. SI-]BI..: Address the podJ_um, PLANNING AND ZONING COMblISSION APRIL 24TH, 2002 Page 89 - Page 92 24 Condcn~ItTM Page 93 l wmdd you pl~se, Mx, Loafer, 2 Ms, r,F.A~ER; I'd 1~ to spc~ f~r it_ 3 }%'s my neighbor ~t next ~or, ~ m7 4 nc~b~h~ in Color~o 8pdn~ rhem~z a ~u~ sl~,p 5 about a h~f bilk away It'~ ne~.lcd ~p in 6 m~hbm~. Youcau't~ll il'stYe, Y~uonLy~e 7 way you ~aw k's d~.re is bccau~ ~ g~ves 8 ~'e~-dm I go ~ ~re when 1. rake h~ mk. Shc~ 10 ~t ~e exerci~. Oflmr ~lc u~ thi~, I ~ l< &,mid be given the opportunity, t don't ~ ~t -- 2 wctl, n~ ~ that I was thnEag abo~ was ~ have a 1 ~ mw Dm'elopx~[ C~, whi& is s~po~ to ~du~ 14 ~'fic ~ o~ highways m~d in o~ to~ and if ~ loea~ 15 u~fi l~ ~s in Lhe muned~tc ~as, mrrouadi ng l 6 n~borho~ or witl4n nei~borh~ds, t~n we ~ thc 17 traf~¢ on 0~ ~e~s going across ~. i nmn, tim's 18 I sup~sc a ~nor ~ag in ~ ~. but tho~ a~ the 19 two [ssms. i'm in suppo~ o~ it, ~ COMMISSIONliR RIgHEL: Thank yo~ Mr, 22 Powdt. E~e~e mo -- thank you~ Mr. L~, Okay. 23 C~ssmners, this is a pubic ~ing, I have ao other 24 cmds of pmple that would li~ to spe~, 25 I We -- 5~s. Mr, -- we have ~ut~ Page 94 Mr, Lawson. Mr, Lawson would yol! como fcrwant ami you Page 95 I place. And I tlfink we aec1 mc*n: places that are 2 bu.~inc~x-nfindud emd friendly. And I ~ my ~I l~ do 3 4 But yon ~, like I ~d, I'm ~ 5 older, You know, l'm no~ 90 >~ hut I'm gains ~t wuy, 6 And Iju~t cannot aff~d ~ ~ontiuue ~bufl~ng and 7 ~ldi~ cvs' time ~3' chs~ ma~t sera,hem 8 you Im~.'C nO ~ who~ ~'~e .going o do. II-you'~ 9 living in an apadm*mt aa~ th=y ~ rals~ ~c 12 ~. A ~mn ~s m work. He wor~ so many hom~, ' 13 ~t~ caid so ~m~ch md ~t's w~[ ~ m&S mt~ ~'s i14 1~'8 soing ~ make. And I'm ~ ~t s~ h~t just tike 15 cvs'body 16 And like I sai& my l"~st cnmi~afion. 17 not my ~cond, my fir~ con~i~afion was ~ ~ public ia 19 tm~k~ and chfl~ ha~ m wo~' about, ~u ~ow, 21 want p~op~ taxes 8oing up. And I ~ul dawn to ~ w~ 23 Bt~ and I knew in ~ n¢i~b~hood and [ ~an,c ta know 24 ¢wcn m~ ~ when I waist around and ~ ~ p~plc 25 pg~mml¢ ~ng ~U kuow who I was and w~t Page 96 to do and why, end how, Ihcc-to-facD where if they lint any 1 2 will have a re'auRal opptmn.mity. And once again thk is 3 a public hcahng, and I will close the public 5ear~ng at 4 this time and we x~511 hear i¥om Mr. T,mrer - exeu~ n~ $ .Mr, Lawson, r.~ pcifiencr at this p~int in time. Mr_ 6 Law~en. 7 Ms, L,~WSOU: well, thor& ye,, W%ll, r 8 apprecbate, everybmty that eh.ne, trod g, ve lttOr oDinJm~s. 9 ThaP~ what th~s coumry kx ubout wl~laor Ll~?r'].~ ~n ar t O ~a, you know~ we hay* ~ right, 12 sir, 13 MZ LAWmN: I said I app~htc 14 co~mng ;md givi~ ~eh' opinions. 5~ 15 f~ fi~t in th5 ~ c mm~r, and l'm glad to 8~ t'haU 16 p~p~ rake ~at oppo~nity ~au~c xm can c~i[y 18 q'ul~, Ok~mm r~ 27 >~m, I us~ ~ cur poli~ci~s' 19 }m~. At~d ~'m nm cu~ ~ir tmie an~. Okay. ~d 20 T doubt v~' nmCh if I'g bo ca~ng 2[ W~ I was at th9 tn~ stop, I also had quiz a 24 ~'m ~ old-tX~Ekm~ bu~ and stffi 25 ~k aa~ ~rs aa¢ ~R'¢ ~acint s~avc~, and il's a fried]7 prOS or eons wg cmfld 'Lulk about il. I £oumt out ttmt we do haw several ,qrmll, on restoring antique cav,~. It'.q behind a gate and nolx~dy ~O~g il. I'm riel going tO tell loealioo~, I' don't tattle-tell: bul -- and they do upholstery, And rnmns wrcck~'m eom[ns, towit~ cars, And I've livc~ and I see ii quite often, aud il h,'mn 't affected nl 10 and iL ha~n't afi~c~ the wd~c of my property nor shall 11 it and nor ~hall lhi~ affect mmeoac cbc. And all t ask 12 f~ ~ puhiic and [~m y~ ~d~ m~d 13 c~nsi~ation, ~d ~ sm~ consit~ation ~t I ] 4 gixm and fo~t tot ~ pmp~e ~n~ unlo me, i [6 Of yOU* mbuL~L and you sti3 ~w a ~nak ~nd fif~ 17 ~onds if >mu'd i~ m inlmd~e your 19 pa~s ~ cv~'~h~. ~n~ to I]m I ,~, thins d~lop~ ~ w~ I ~m,~ ~ 't'~a~ and ~ig is w~ 1 21 found my wife a~ being ,in~ tbr 56 ~rs. 23 m, LAW.N: can I say 25 You ~ a~' minuS, PLANNING AND ZONING COMMISSION APRIL 24TH, 2002 Page 93 - Page 96 25 Cond~scltTM Page 97 M's, T.a~ON; My fca'mcr husband and 1 ¥ought 3 dow, throo~h ~, [)~ did onc t[~ and t~k out the 4 hi~li~,~, ~c g~plc ~t ~ wo~ a~ut ~ck 6 stt~l, 10 MS CAWSON; And, ~b just lo~ barb~ip~: I and ~ just -- you ~mw. ~ can auppl~umt our mcm~ a 12 ~ bil. Wc'm ant ~ing m ~c rich, ~d don't 13 im~;d ~ We a ~t of p~t~ il~ a~ ~owding an~hiag 14 and makia~ att~mg differ, 15 m~, ~wso~, .~nd w~'~ not k¢'in~ ~ put 16 o~ b~h~'s ~t ~ bu;in~s- Y~ ~n only' un; so many 17 lm~ of link a ~y. And with ~tm til~ liner ~t ~ 18 Mve and t ~n'twant~work 12hm~aday. 1croft 19 8¢ng on my ~ ~ long an)m~_ ~'~m- kind of 20 ~t ~'t~ 43 22 Lawson. i ha~ a coup~ or q~l~am kmn 23 Cmufission~ R~', 24 ~MMTSSIG~ ROY: Sk, I drove do~m y-o~ Page 98 1 inappmprimcn~ss of signs for a hm~ buskaess, I notice 2 you trove a v~cie parked in k~ fret of your y~d 3 ~v~Sn~ a bar~r shop ~c for five ~ll~s or 4 som~fing, 5 MR, I.AWSON: 'fllo~ 5i~8 were m my car 6 wh~ I wm at l~ truck ~. 7 COMMtSSION~ ROY: And w~Cs 8 }nlcmfion with r~d to p~ng th~ c~ k~ ~ futura? ~ Mil_ ~g~ON'. 'l'~O~ ~S ~ CO~ off of 10 fl~ c~. ~7'~ flcca]~ on, ~d i ~'t wan; to rain · Il p~m. ~d so li~ by li~le, if you'vg nvfi~ I've 12 b~ t~ off, you ~mw, part of 1~ fl~n, pa (ff ~g 13 si~, but ~c rem~ Ms to ~ ~ad or warm m hca t 4 up ~e m~l, so ~t R will ~m. off wkhoUt t~ng the ~ 6 truly 5~n able m ~ pug ~' 1r off. ~u[ ~y ~e 17 co.ag off tlz e~ b~ause I've ~ all the ;i~s like -- 18 m ~L the ru]C~ and mguh~lSons pat ~at~ has, and 19 I said, bc~ consL~mtc of people and being ~nsi~am 20 of fl~ law. the taw ~ayg no, md I 8o, okay, Well ama 21 that ~mcs off. And I ~u't ac~ tiaa. As far as 22 advegisi~, wo~d or mouth. An~ li~ I say, y~ can only 23 ~t m many ~ads or hair a ~y-, 24 Anti any business is gobg ~ esmbli~ a 2~ c~in ~t ~d then it's ~olng to ~vel off, ~d Page 99 { that's going [o be it, 2 COMMISSIO~iF, R RI,qHEL', ~haak you, .t Lawson, Commissioner R%', auy furtbxa- questSous? I see 4 no further questions of Cmranissioners, Thank you very 5 much, Mc, Lawson. 6 MR. LAWSON: [ thank you tbr your time_ ? COMMISSION'ER I*,/SI[I~L: ';'hank yon; skf. I 8 wonM like Mr_ Sal_mm to address thc traffic issue 9 particularly with m~ai m -- if Mr, Salmon is here -- t[] particularly with regard ~o kg-wheelers and points of 11 desdnutit-m and how our Iww i~; ~;LrttctllT~J itl the City 12 Benton, 13 M}L SALMOn,': ta thc City of Denton we do 14 have Ocsignated m~ck routes, md thom are tM only 15 streets that any- track and I believe k's over one ton can 16 drkv¢ On uatess they arc making a speclr£c ddivcry, So, 17 i.n oa~cr words, on a strc~ sur:h as Stanl~ Strut, thc 18 only t/.me it would be legal for an 1 :-;-wheeler to &ire on 19 that st~o~t would be if they were making a specific 20 delivery. 21 COMMI,SSIONER m~HEL: Detivering a head of 22 hair dt~'t qualify? 23 Ma. sALMON: NO, [t WOtl[d htw~ 'bo bp 24 dellx~'ing some [dad of product. 25 COMMI,~qI©NEII tUSHEL: Bropping cfi' Page 1 O0 t flunitu~ d¢livo-ing fill dirk? 2 MR,~.kLMON: i,ll~{ittav - ~:xactly. 3 CxlMMI~q,ION'ER II. IS,HLtL: O~y. Any furd-~:r 4 questiOl'~S, Commissionurs? 'l]~ank yol,t, 5~. ~,ulmon, 5 Onc~ again, I haw closed thc public 6 l~ad.g and wp haw heard t-rom staff. And I would tike to 7 ]~:ar from staff's final c[,1]m~c'at~ as to hO~.r [~iS df~s 8 does not meet Mth the Demon Plan, St~ff finds that 9 reqtmSt is in complil~ncc wida the Dmlmn Plan az~ I'd also 10 like m make two additional notahons, 5ign; on 1 l are exempt kmn the Sign Cede. and my ,~ecnnd t2 would ~ tha; Section 35-1 ] 3 allow~ the Comrnia;inn m ~ ,3 ruuonanmld acidS/in,mi con;Htions on tim pt'oposal m pmt~[ 14 the public ink,mst and th~ welfare of thc community, 15 That cnncluclcs my pre~qenlation. 16 COMMTS.~tO~ISlI. RISHEI.: cornmi.~sioncrs, any' 17 ftu-the~ comment~, q.uesfions m' a motion7 (2onanissione. a' 11~ P0well, 1~1 COMMISSI©NBR pt)WELL; [ h0.~t.: a 2.1 use work ~cssinn whoa I said Lha~. o£tculimm stuff is for 22 smne~ing and th~ plan is Gr s~anothin~ but t.he nedghbors 23 mnnklYr son. ag. Andthi~is one o/-r-hose. My 24 h~rt is with Mr. Law, on because where I greta up in 25' nortbeaat lins{ O;l[Si~ nf Philadelphia, as you can PLANNING AND ZONING COMMISSION APRIL 24TH, 2002 Page 97 - Page 100 26 CondcnseItTM Page 101 probably ~1 by the way I speak, this was common. And 2 ~ no, al ~d it was acc~md md it w~ handy. It's -- I 5 I'm gg[~ ~o vo~ oo, but I'm go'ag to 6 no, ired [ d~'~ wast ~ vote no, bul I've ~ot~ 7 ~at. ~hc rest of ~e nei~ru have got 9 going ~ be a bud,s ~ t.hat str~[. And that's all I 10 have to suy. 11 COMMlgSIONER ~IlEI.: An~ ~r ~OIBB~nLs? 12 Com~Mssion~ Koth. 13 COMMlgSIORtR KEITH: ~lk you, Mr_ 14 Law~, I r~ly appmcia~ yo~ mtrepmnc.ufial spirit, 15 I'm probably one or ~ mom p~husb~ss 16 C~amission d~at yourtl f~d, Bat I have to a~< M~ Mr. ]7 po~rel[. In my ~ I wmfl t0 -- I s~ that wMt g~u want ~8 to do is vey honorable, but irx~e ~in 19 t~8 nei~harhood, ~t iL will b~in ~ t~ road mom 20 people c(miag in wan~ lo do similar L~.ms and t~n 21 we'~ o~9~ a ~ndora's Box of pmblm~as. 22 As i sa~d, I really Minim Lt. A 23 su~cstLoa, if you matlsr want tO do s~el.hing I~ thLs, 'Page 103 3 COMMC~CoN~R~g}I~L: Is lhat ~ ' 4 (:OMML~OWBLL: ~ond. 6 m~tlm hy ~mnisslon~ A~le nnd a ~ond hy C~s~io~ 7 Puwdl. Any fiu~' discussion? i watld also l~ke 9 8u~. [ doll '1 when ~.'m ~d a f~mqly 12 this C~amlssion, gu{ I ~n9 ~o~r w~ ~ ~d 14 bad so many n~bom thru ~ absolumly oppos~ 16 ~ I ~a~ pmpg m ~omc f~ wi~ 17 ~s b~e of proj~t- BUll you ~mlly ~ave to Bbby yot~ 18 n~bo~ ~v~y ~ ~ iF O~is k going to t~p~o f~ 19 yoU, And ~ I sa); I ~ink it's -' and I <~ a~ with 20 Mr. L~'_ I1% a [~¢~t ~3ol~nky f~' ~bo~ 21 abk k~ come ~ a ray ~m~ l~afioa a~ be wi~h a 22 fri~Mly pk~son flat ~' cml app~i~ and &~s a ~t 23 job, I'm ~.. 24 S~ as i s~y, I w~ nm be able m Page 102 3 familiar ~4mh it. And I mid st~r ~t 5~u 8~uld 4 mnybc sell ~ a~d find a pi~o ~f pm~y ~ouM mare 5 ~ot woMd permk you k* put a b~b~p in ~ back,rd_ 6 [ d~im~ it's xmlly a ~t i~, bot I ~ for wh~ 7 ym~ 'm ~g ~'t~ jusI. g~ag 1o c~e pmblmns. 8 Y~, thm~ am pmp~ ia ~t n~a ~hal do 9 ~ve a lkt~ si~lMe businca* ~ b<sin~es in 10 b~kyurd and ~, 1~, ~d mybc d~ - mn>5~o 11 ~L*al~ i~L We floa't hmW, Bat to c~ in nad 13 dffficMt far u~. _a:d 1 tb~ ~ would ~ve -- fif ~ ~ ] 4 to apprm< fl~is, I drink ~.'d Lave fl~u -- an enti~ 15 ne~hharho~t ~wn ~rbund mm ~, and ~1'$ sm~ing -- 17 mucg. 1 g COMMISSION ~ RLggET.: COilUlfi~ SiOl~' Apple, 19 CO~ISSION~R APSE: 1 doa't ~t ~ 21 ~misskmcTs wt~o'~ spoke, I was VC~' ~t~p~s~ ~lh 22 yo~ p~mmtion. I [bmk: yDu kn~', in an~ [M~¢ and 23 ph~ J~s might ~ aa ~llent i~, but. mmfommaml~, now h~ ~is tix~, in thi~ pl~ [ t~n't ~nk it will fly 25 ~au~e it wotmld ~ ap a Pandora's Box. p%o~ 104 i [m>aght f~b at [hil point in dmz;, Cotrani~ioncn' MuJroy. 4 ~s W~ of aaan~t is highly ~ct~a~, Aa~, yoll 5 ~aw, t would mco~n~ 3~u m ~'i~ ~t w~ ~ff and fi ~y' may be abl~ ~ poim ~< in~ a ~ n~bor~4 ~L wm~ bo mom appmpriam for tMt th~ Of o~tion_ 8 Axe, unfortunately. 9 homer ~ mdidonal ndghborlm~ ~'s ~ cst~bli~ 10 J 5 CO~i8810~ R[S[IBL: [6 it C~isa~ 17 Apple -- 18 19 d~y fl~ ~lu~L 20 CO~[SSION~ISHEL: And l~ -- and 22 nmhon on the fl~r. O~y. We wi8 ~-vo~. Thi~ is ['or 23 denial of t~ i~ pat forth. P~ vo~. Motion 24 ca~ 7-0. PLANNING AND ZONING COMMISSION APRIL 24TH, 2002 Page 10I - Page 104 27 Attachment 8 ORDL'qANCE NO. AN ORDINANCE OF TIlE CIIY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A BARBERSI-IOP ON' 0.3 ACRES OF LAND COMMONLY KNOWN AS 1022 STANLEY STREET, WITHIN A NEIGT. tBORIIOOD RESDEN'TL4.b 3 (NR~3) DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN' TIlE MAXIMUM AMOUNT OF S2,000_011 FO I~ VIOLATIONS -fI-IEREOF; AND PRO\rIDING FOR AN EFFECTIVE DATE. (Z02-0021) WHEREAS, Robert Lawson, has applied for a specific use permit fey a barber shop on 0.3 acres of lamd located bt 1022 $tanley Street, within a Neighborhood Residential 3 (NR-3) zoning district classification and u~e dcsigmation; and WHEREAS, on April 24, 2002, the Planning and Zoning Commission recorrmxended denial cfa Specific U,qe Permit for a barber shop; and W[-I~REAS, in ~cordance with Subchapter 6 -Specific Uses, Sec. 35.6.5, of Cbxpter 35 of the C{~de o£OrdJnances of The City of Denton, Texas, the City Council finds that all of the follo~aqng conditions exist: The specific use ~511 be compatible with and not injurious lo the use and enjoyment of other properb- nor sigtzficantly diminish or impair properly vait~es within the immediate vicinity; The establishment of thc specific use, abarber shop; will not impede lhe normal and orderly dcvelopmm~t and improvement of sur rounding property; AdequaTe utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; The design, location, and mxangement of all driveways and parking spaces provides for ~e safe and convenient movement o£ vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Adequate nuisance prevention measures have been or will be taken 'co prevent or control offensive odor, fumes, dust, noise, and vibration; That directional lighting will be pro~=idett so as not lo disturlo or adversely affect neighboring properties; and There is su:~tlcient landscaping and screening to ensure harmony and compatibility nbth adjacem property; and W H EREAS, that adequate capacity o f i nfra~ [ructure c an mid wilt be provided to and through thc subject property; and s :otLr{lo<zam e n ta,~OL~ia =L~ cca,¢o2ib ob' ~b ~ b ¢~b.0$,Z,-0 2 43 0551 PAGE I WHEREAS, tl~e Special Use is compatiN e with and will not have an adverse impact on tl~e summnding area; and WHEREAS, the City Council tinds that the Specific Use Pcrmit is consislent with The Denton Plan and tkderal, state and local laws: NOW '1 HEREFORE, THE COUNCIL OF THE CITY OF DENION HEREBY ORDAINS: SECTION i. A specific use permit :is granted to allow a barber's shop on 03 acres of land described as 1022 Stank? Street, within a Neighborhood Residential 3 (NR-3'I zoning district classification and use designation, and the sile pNn attached hereto and incm'porated herein as Exhibit "A." are hereby approved. SECI'ION 2. The £it?s official zoning map is amended to show the change in zoning district classification. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding fi2,000.00. Each day tha~ a provisior~ of this ordinance is violated shall constitute a separate and distinct oflbnse. SECTION 4. This ordinance shall become effective fourteen { 14.) days fi,om the date of its passage, and the City Secretary is hereby directed m cause the caption of tl'~is ordinm'~ce to be pub Ii s h ed t w i ce in ~ h e Denton Re cot d - Ch mn ic[ e? a da il y new sp aper pub li shed in I]'~ e C':ity o f Den ton, /'exas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ____ day of 2002. EULINE BROCK, MAYOR ATTESF: JENNIFER WALTERS, CI['Y SECRETARY BY': APPROVED AS '1'O LEGAL FORM HERBERT L. PROU]'Y, CI]'Y ATTORiNEY a:ot~rdt~-tnneLiL,~/Ol~d.h~ln~.~,s/o2/l~b'sbalbel'Sl~op~z-0241~)21 PAGE 2 29 B Y: PAGE 3 3O -- Exhibit A $ite'-Pia-n ..... NORTH 31 32