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June 3, 2003 Agenda
AGENDA CITY OF DENTON CITY COUNCIL June 3, 2003 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, June 3, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Consider a report, hold a discussion and give staff direction regarding the proposed Denton County Transportation Authority revised service plan. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 3, 2003. Following the completion of the Work Session, the Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Govemmem Code, as amended, as set forth below. 1. Closed Meeting: mo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the purchase and value of real property imerests for park purposes in the Samuel McCracken Survey, Abstract No. 817 and being an approximate 4.229 acre tract located at the north east corner of Sherman Drive and Loop 288; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. (Water Works Park future expansion and other community park improvemems.) Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the purchase and value of real property imerests for DeNon Municipal Airport expansion purposes in the J. Scott Survey, Abstract Number 1222 and being an approximate 11.441 acre tract located at the southeast corner of Masch Branch Road and Jim Christal Road, Denton, Texas; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. Co Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. City of DeNon City Council Agenda June 3, 2003 Page 2 Deliberate the purchase and value of real property imerests for DeNon Municipal Airport expansion purposes in the J. Scott Survey, Abstract Number 1222 and being an approximate 5.00 acre tract located at 5581 Scripture/Jim Christal Road, in DeNon, Texas; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Demon City Council on Tuesday, June 3, 2003 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. Recognition of staff accomplishments 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consem 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 Consem Agenda (Agenda Items A-K). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consem Agenda Items A-K 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 Consem Agenda. City of DeNon City Council Agenda June 3, 2003 Page 3 A. Consider approval of the minutes of May 6, 2003 and May 13, 2003. Consider adoption of an ordinance of the City of DeNon authorizing the City Manager or his designee to execme a purchase order with Baker and Taylor, Inc. for the acquisition of new cataloged and processed materials for the opening day collection for the North Branch Library by way of an agreement with the North Texas Regional Library System; and providing an effective date (File 3034 - Opening Day Collection for the North Branch Library Collection awarded to Baker and Taylor, Inc. in the amoum of $150,000). Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Pecan Street Interceptor project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3006 - Pecan Street Interceptor awarded to S.J. Louis Construction of Texas, Ltd. LLP in the amoum of $1,847,323.45). D. This item has been pulled from consideration. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with ERES Consultants for an automated roadway inspection and evaluation as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (File 3010 to ERES Consultams in an amount not to exceed $300,000). Consider adoption of an ordinance authorizing the City Manager to sign the first amendmem to the comract for professional legal services between the City of Denton and Karger, Key, Barnes and Lynn, LLP, to provide legal services with respect to appeal of hearing examiner's decision and related questions; ratifying prior actions; and providing an effective date. Consider adoption of an ordinance awarding a comract for the omsourcing of customer calls for connection, disconnection, or transfer of mility services as provided by Enhanced Omsource Solmions, Inc., as awarded by the State of Texas Building and Procuremem Commission through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefor; and providing an effective date (File 3031 - Enhanced Omsource Solmions, Inc. in an amoum not to exceed $48,390). Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 5.00 acre tract or parcel of land in fee simple for DeNon Municipal Airport expansion purposes, such title to be in the name of the City of DeNon and said property being located in the John Scott Survey, Abstract Number 1222 in Denton County, Texas and being out of that certain tract or parcel of land in a deed from Larry Frank, Trustee to Ed Wolski, Trustee recorded in Volume 2886, Page 224 of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or City of DeNon City Council Agenda June 3, 2003 Page 4 his designee, to institute the necessary proceedings in condemnation to acquire the property for DeNon Municipal Airport expansion purposes; and declaring an effective date. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 11.441 acre tract or parcel of land in fee simple for Denton Municipal Airport expansion purposes, such title to be in the name of the City of DeNon and said property being located in the John Scott Survey, Abstract Number 1222 in Denton County, Texas and being out of that certain tract or parcel of land in a deed from G.C. Ledyard, Jr., Trustee to Ed Wolski, Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for DeNon Municipal Airport expansion purposes; and declaring an effective date. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year I S~ ~ t~ fo S~gs~s~ ~i~at~ $ Consider adoption of an ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a professional services agreemem with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-D, regarding additional professional services relating to the DeNon Municipal Electric Retail Rate Design Study; authorizing the expenditure of funds therefore; and providing an effective date. PUBLIC HEARINGS Hold a public hearing and consider adoption of an ordinance approving the Dowmown Master Plan. The Planning and Zoning Commission forwarded the plan and a report to City Council (5-0). (SI03-0005, Downtown Master Plan) Hold a public hearing and consider adoption of an ordinance regarding amendmems to Subchapter 9 (Manufactured Homes) of the Developmem Code. The Planning and Zoning Commission recommends approval (7-0). (SI03-O002- Manufactured Home Amendments) Hold a public hearing and consider adoption of an ordinance amending the Concept Plan for Planned Developmem 139 (PD-139) for approximately 401 acres. The property is generally located between Bonnie Brae Road and Interstate 35W adjacem to Vimage Boulevard. A private school site and a reduction in single-family homes are proposed. The Planning and Zoning Commission recommends approval with conditions (5-0). (Z03-O010, The Vintage Concept Plan) City of DeNon City Council Agenda June 3, 2003 Page 5 Hold a public hearing and consider adoption of an ordinance amending the Detail Plan for Planned Developmem 139 (PD-139) for approximately 110 acres. The property is generally located between Bonnie Brae Road and Interstate 35W adjacem to Vimage Boulevard. Seven gas well sites on approximately 21 acres, a private school site on approximately 60 acres, and single-family residemial on approximately 28.6 acres are proposed. The Planning and Zoning Commission recommends approval with conditions (5-0). (Z03-0009, The Vintage Detail Plan) Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit for a gas well site. The approximately 37 acre property is in a Neighborhood Residemial Mixed Use (NRMU) and Neighborhood Mixed Use 12 (NRMU-12) zoning district and is generally located north of Ocean Drive approximately 1,000 feet east of Teasley Lane. The Planning and Zoning Commission recommends approval with conditions (5-2). (Z03-0003, Teasley Gas Well No. 1) Cominue a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a gas well site. The approximately 17.3 acre property is in a Neighborhood Residemial 6 (NR-6) zoning district and is generally located south of Hickory Creek Road approximately 1000 feet west of Teasley Lane. The Planning and Zoning Commission recommends approval with conditions (7-0). (Z03-0012, Meredith #1) 5. ITEMS FOR INDIVIDUAL CONSIDERATION Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Agenda June 3, 2003 Page 6 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2003 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: June 3, 2003 DEPARTMENT: Transportation Operations ACM: Jon Fortune, ACM Public Safety & Transportation Operations SUBJECT Receive a report, hold a discussion and give staff direction regarding the proposed DeNon County Transportation Authority revised service plan. BACKGROUND Last July the DeNon City Council approved a resolNion accepting an initial service plan for the DeNon County Transportation Authority (DCTA). Acceptance of the service plan allowed the City of Denton to participate in the confirmation election of DCTA last November, at which time over 73% of Denton County voters confirmed the creation of DCTA. The service planned previously approved by City Council provided an online of potential and proposed public transportation services as well as a proposed timeline for implemeNation based on revenue from a subsequent sales tax election schedule for this September. Recently, on May 22, the DCTA approved a draft revised service plan. The revised plan includes changes necessary to address service levels and financial plan based on those cities participating in DCTA (those cities approving participation in the original service plan) and assumptions associated from proposed sales tax revenues. The changes to the service plan are summarized below: · Added November 5, 2002 election results · Updated demographic forecasts for the county based on most receN estimates · Added a reference to desired "seamless regional transportation" under the plan's "Guiding Principles" and "Development Concepts" Added more text on the intention of DCTA to work with DART as a partner in developing the DCTA regional rail plan, noting the interest in developing service to the planned Belt Line Road Intermodal Transportation Center · Added language clarifying that the alternatives analysis process required for federal funding eligibility will include consideration of all viable alternative alignmeNs for each rail corridor · Added language clarifying the iNerest of DCTA to promote high occupancy vehicle lanes in the county Added language clarifying that DCTA will conduct detailed research prior to initiation of bus service that confirms the interest in establishing the service, and will adopt policies and performance criteria to monitor service implemented Modified service plan maps for park and ride services, regional connector services, and feeder and local bus services to reflect the elimination of services to areas in the county that will not be eligible to vote in the sales tax election. (That is, those communities already at the sales tax limit.) · Added an explicit reference to focusing on new vehicle technology and alternative fuels · Revised projected capital and operating costs to reflect the most up-to-date and available estimates and included funding for a maintenance facility Considered an additional funding scenario that may be available if legislation now under consideration is approved in the current Texas Legislative session; this "moderate" scenario utilizes a 3/8th percent sales tax. · Upon Executive Committee final approval of the Service Plan and calling ora sales tax election, will add a listing of communities that will be included in the election. DCTA is now seeking the City Council's input on revisions to the service plan. On June 19 meeting DCTA is scheduled to set a uniform sales tax rate for a September 13 sales tax election and approve the revised service plan based on the anticipated sales tax revenue. RECOMMENDATION: Formal approval of the revised service plan is not necessary. It is recommended that the City Council consider the revisions to the service plan and provide their feedback to DCTA. ESTIMATED SCHEDULE OF PROJECT The following is the schedule of the proposed DCTA sales tax election: · Jun 19, 2003 Executive Committee approved final service plan · July 10, 2003 Deadline to call sales tax election · Jun 20/Sep 12 Conduct public meetings · Sep 13, 2003 Salestax election FISCAL INFORMATION There is no fiscal impact associated with this report as the final minimum uniform sales tax rate has not yet been decided and incorporated into the service plan. Respectfully submitted: Jon Fortune Assistant City Manager Public Safety & Transportation Operations Denton County Transportation Authority DRAFT Service Plan 5-22-2003 Approved June 13, 2002 Revisions Approved June __ ,2003 Transl TABLE OF CONTENTS ACKNOWLEDGEMENTS .................................................................................................................... ii OVERVIEW ....................................................................................................................................... 1 Introduction .................................................................................................................................. 1 Confirmation Election ................................................................................................................. 1 Service Plan Revisions ................................................................................................................. 2 Purpose and Need ........................................................................................................................ 3 Goals, Guiding Principles, and Concepts .................................................................................... 4 SERVICE PLAN ................................................................................................................................. 5 Regional Rail Plan ....................................................................................................................... 5 Park-and-Rides/Regional Rail and Bus Facilities ...................................................................... 11 Regional Connector Service ...................................................................................................... 11 Feeder and Local Bus Service ................................................................................................... 13 Demand Response Service ......................................................................................................... 13 Local Assistance/Corridor Preservation .................................................................................... 16 Short-Term Capital and Operating Costs ................................................................................... 16 Financing Plan ........................................................................................................................... 16 Recommended Sales Tax Rate .................................................................................................. 18 Phasing and Staging ................................................................................................................... 18 NEXT STEPS ................................................................................................................................... 19 BACKGROUND TECHNICAL REPORT .............................................................................................. 20 COMPLIANCE WITH LEGISLATION ................................................................................................. 21 LIST OF FIGURES FIGURE l: REGIONAL RAIL- SEGMENT 1 ........................................................................................ 7 FIGURE 2: REGIONAL RAIL - SEGMENT 2 ........................................................................................ 8 FIGURE 3: REGIONAL RAIL - LONGER-TERM EXPANSION ALTERNATIVES ................................... 10 FIGURE 4: PARK-AND-RIDES/REGIONAL RAIL AND BUS FACILITIES AND REGIONAL CONNECTOR SERVICE ............................................................................................................ 12 FIGURE 5: FEEDER AND LOCAL BUS SERVICE ............................................................................... 14 FIGURE 6: DEMAND RESPONSE SERVICE ....................................................................................... 15 TransI ACKNOWLEDGEMENTS The URS consultant team of Tim Baldwin, Cinde Weatherby Gilliland, and Scott Bressler wishes to thank the following individuals, whose hard work and countless hours of volunteer effort greatly contributed to the Service Plan development in 2002, and its refinement in 2003. Executive Committee (2002-2003) Representing Large Cities with Populations Greater than 12, 000: · Charles Emery, Lewisville, Chair (November 2002 - present) · Van James, Flower Mound · Bret Collins, Corinth · Mike Leavitt, Highland Village · Joe Roy, Denton, Vice Chair · John Dillard, The Colony Representing Small Cities with Populations between 500 and 12, 000: · George Purefoy, Frisco · Tom Spencer, Shady Shores · Bill Walker, Roanoke Representing Unincorporated Areas of Denton County: · Charles Correll, Argyle, Treasurer · Rick Salazar, Aubrey Representing Denton County At-Large: · Jason Pierce, Aubrey, Secretary Volunteer Local Support Staff Denton County: Cheryl Hammons City of Denton: Jon Fortune, Mark Nelson, Stan Nixon City of Lewisville: Greg Anderson DCTA Contract Staff Scott Neeley John Bartosiewicz Transl Interim Executive Committee (2001-2002) Representing Large Cities with Populations Greater than 12, 000: · Charles Emery, Lewisville, Chair (January 2002-November 2002) · Van James, Flower Mound · Kelvin Knauf, Corinth · Mike Leavitt, Highland Village · Joe Roy, Denton, Vice Chair · Tom Terrall, The Colony Representing Small Cities with Populations between 500 and 12, 000: · George Purefoy, Frisco · Tom Spencer, Shady Shores · Bill Walker, Roanoke Representing Unincorporated Areas of Denton County: · Charles Correll, Argyle · Rick Salazar, Aubrey Representing Denton County At-Large: · Jason Pierce, Aubrey Denton County Staff: Shala Geer Cheryl Hammons 111 TransI OVERVIEW Introduction House Bill 3323 was approved by the 77th Texas Legislature and signed into law by the Governor in 2001. The law allows creation of a Coordinated County Transportation Authority in urban "collar" counties surrounding core counties with populations of 1,000,000 or more, which includes Denton County. The legislation requires that a Service Plan, an outline of the services that would be provided by an authority when confirmed by the voters, be developed by the Transportation Authority. The Denton County Commissioners Court initiated the process to form the Denton County Transportation Authority (DCTA) in October 2001. The result of the process will be a county public transportation authority that provides public transportation services throughout the authority's service area. The service area is Denton County. Initially, in 2001 the Denton County Commissioners Court and large municipalities in the County (those with populations above 12,000) made appointments to the DCTA Interim Executive Committee (IEC); the remaining positions were selected by a vote of municipalities with populations between 500 and 12,000. Confirmation Election This document represents the DCTA's current proposal for transportation facilities, services, and funding options for the citizens of Denton County under the provisions of House Bill 3323. It was initially approved by the DCTA Interim Executive Committee on June 13, 2002, for circulation prior to an election to confirm establishment of the agency. On November 5, 2002, voters confirmed the authority with a 73 percent approval rate. Votes were canvassed separately for each of the five cities of more than 12,000 in population and for the remainder of the county. The ballot initiative passed in each of the five cities: Corinth, Denton, Flower Mound, Highland Village, and Lewisville. It also passed in the remainder of the county. The following municipalities are in the remaining portion of Denton County: · City of Argyle · City of Aubrey · City of Bartonville · City of Clark · City of Copper Canyon · City of Corral City · City of Cross Roads · City of Double Oak · City of Hackberry · City of Hebron · City of Hickory Creek TransI · City of Justin · City of Krum · City of Krugerville · City of Lake Dallas · City of Lakewood Village · City of Lincoln Park · City of Little Elm · City of Marshall Creek · City of Northlake · City of Oak Point · City of Pilot Point · City of Ponder · City of Roanoke · City of Sanger · City of Shady Shores · City of Trophy Club The Town of The Colony was not eligible to participate in the election. Service Plan Revisions Following the successful confirmation election, the Interim Executive Committee became the Executive Committee. Officers were elected and the Executive Committee committed to re- examining the Service Plan to make any needed enhancements. Primary among the refinements was the need to update the financial elements of the plan to reflect the cities participating in the authority and confirm sales tax projections. This current Service Plan, approved June __, 2003, represents improvements to the original plan and its financial component. Following its approval, it will be circulated prior to a sales tax approval election scheduled September 13, 2003. Upon a favorable vote approving the establishment of a sales tax, the DCTA will begin to phase in implementation of services outlined in the plan. Only those communities and unincorporated areas approving the sales tax will be considered as part of the authority's service area and receive services in those communities. Communities outside the service area may choose to contract with DCTA for services. TransI Purpose and Need The concept for a Denton County Transportation Authority was developed with several basic purposes in mind. The idea for the Authority arose primarily as a result of several issues that, while not unique to Denton County, are problems of major concern: Denton County is forecast to experience unprecedented growth in the coming decades. According to the North Central Texas Council of Governments (NCTCOG) 2030 demographic forecasts adopted April 24, 2003, the County's population is anticipated to increase by 154 percent between 2000 and 2030, compared to the 10 urban counties in the North Central Texas region's projected combined growth rate of 80 percent. The Denton County population is projected to be 545,987 in 2005, up from 428,080 in 2000. In addition, employment in the County is forecast to increase by 171 percent, compared to the 72 percent growth rate forecast for the 10 urban counties in the region. Denton and Collin Counties combined account for 25 percent of all of the new job growth in the 2030 NCTCOG forecasts. The actual growth rate experienced by Denton County from 2002 to 2003 was 6.28 percent as estimated by NCTCOG. That compares to Collin County at 4.91 percent, Dallas County at 0.93 percent, and Tarrant County at 3.07 percent. The only county with a higher percentage growth from 2002 to 2003 was Rockwall County with a 6.69 percent population growth. Highway congestion is also forecast to increase dramatically in Denton County. According to NCTCOG, 41 percent of all lane miles in Denton County will experience "severe peak period congestion" by 2010, and Denton County drivers will spend 40 percent of their travel time in congested traffic by 2010. Finally, highway funding in Denton County is forecast to be unable to keep up with demand to help reduce anticipated congestion. Regionwide, NCTCOG's Mobility 2025 report noted that the region will experience a $3.4 billion shortfall (the difference between what is needed and what is available in funding) in freeway and toll road funding between now and 2025. The Authority can provide Denton County with a method of addressing many of those short-term and long-range mobility and growth problems by: · Providing administrative mechanisms for implementing transportation improvements throughout the County; and · Creating a dependable funding base for transportation improvements. Additionally, once voters adopt the sales tax as a dedicated means of funding, the authority may plan, design, and construct transportation improvements. TransI Goals, Guiding Principles, and Concepts Service Plan Goals Four goals have been developed to help focus the development of the Service Plan: 1. Improve transportation for the County and region; 2. Maintain and improve Denton County's quality of life; 3. Contribute to air quality improvement; and 4. Promote economic development. Guiding Principles Seven guiding principles were used throughout the creation of the Denton County Transportation Authority Service Plan. 1. Provide maximum coverage; 2. Provide a moderate level of service depending on demand; 3. Promote maximum cost-effectiveness and opportunities for federal funding; 4. Focus on linkages between local service and regional bus and rail; 5. Promote the system's seamless connections with the other regional transportation systems. 6. Focus on activity centers; and 7. Focus on future expansion of the transportation system as population and demand warrant. Service Plan Development Concepts and Trade-Offs A number of concepts were kept in mind as the Service Plan was developed: 1. There should be a mix of service concepts; 2. The Service Plan must be affordable; 3. The Service Plan should be flexible and able to adapt to changing conditions in the short-term and long-term; 4. The Service Plan should benefit the entire County; 5. The Plan should be a component in a seamless regional transportation system, and 6. The Plan should maximize ridership. As the Service Plan was developed, the Interim Executive Committee discussed a number of trade-offs. These trade-offs help ensure that the Service Plan is balanced demographically and fiscally. They include: 1. Providing maximum coverage while maximizing cost-effectiveness (cost per rider); 2. Considering the extent of the use of passenger rail service and bus service; 3. Balancing service between transit-dependent riders and service to choice (new) transit riders; and 4. Balancing local service and regional service. TransI SERVICE PLAN The Service Plan includes a rail component and three layers of bus service, including Regional Connector Service, Feeder/Local Routes and Demand Response Service, as well as a network of Park-and-Rides/Regional Rail and Bus Facilities to serve citizens in Denton County. Together, these elements provide some type of service to virtually every community in the County, helping to mitigate and improve many mobility issues immediately, as well as linking the County's larger cities to rail when that service is implemented. The DCTA plan recognizes that Denton County is part of the greater Dallas-Fort Worth region and respects the importance of its part as a component in the regional transportation system. In implementing the plan, DCTA will seek to work closely with Dallas Area Rapid Transit, the Fort Worth Transportation Authority, and the North Central Texas Council of Governments to make connections to regional services. Regional Rail Plan Overview Regional rail is the central element of the Denton County Transportation Authority's Service Plan. The Service Plan's concept is to implement initial rail service in Denton County to connect with Dallas Area Rapid Transit facilities. At a minimum, it is DCTA's intent to work as a partner with DART to develop as seamless a service as possible for DCTA and DART riders. There may be the opportunity to work with DART, with regional funding support through the metropolitan planning organization (NCTCOG and the Regional Transportation Council) to develop regional rail service to the planned Belt Line Road Intermodal Transportation Center that would allow not only north-south service between Denton and Dallas County destinations, but also eventual east- west services along the Cotton Belt rail corridor, allowing the possibility of service directly to Dallas-Fort Worth International Airport. Future regional rail extensions to Denton and other key areas of the county will be implemented as additional sales tax and other funding permits. Rail service is initially conceived as operating at 30-minute headways during peak periods and 60-minute headways during off-peak times and weekends. Vehicles The vehicle being considered for this service is "regional rail," a type of Diesel-Multiple Unit (DMU) vehicle, as depicted in this rendering. DMU's are self-propelled diesel-powered trains that operate in trainsets of one to three passenger cars. Newer generations of DMU's, called "regional rail" vehicles, are approaching light rail vehicles in service characteristics and appearance. For purposes of this Service Plan, the estimated capital cost for regional rail is $12 million per mile, similar to NCTCOG's regionwide per-mile unit cost for commuter rail. TransI Proposed Short Term Service Segment One--Carrollton to Corinth~Hickory Creek/Lake Dallas This segment (see Figure 1) is approximately eleven miles long. This proposed service would use the former Union Pacific (UP) right-of-way that runs generally parallel to 1-35E from North Carrollton to the area of FM 2181 (Teasley Drive/Swisher Road) at the southern boundary of Corinth and the northern boundary of Hickory Creek and Lake Dallas. The line would run from the DART Frankford Road LRT station to a proposed passenger rail station near 1-35E and FM 2181 to intercept commuters coming from the northern parts of Denton County. One advantage of extending the first operational segment to the FM 2181 area is allowing passengers to avoid the bottleneck of the Lake Lewisville bridge on IH 35E. Additional proposed stations would be in North Lewisville in the vicinity of FM 407 near IH 3 SE, in downtown Lewisville east of I-35E near the City's Old Town revitalization area, and at the railroad's intersection with the SH-121 bypass on the south side of Lewisville. Estimated capital cost: $132 million. The alternatives analysis process, required prior to application for federal funding to support the project, must include an evaluation of all viable alternative alignments, including at a minimum the railroad right-of-way, the highway right-of-way, and any other available right-of-way in the corridor. The termination point for Segment 1 will also be finally decided through the alternatives analysis process, as well as the potential for alternative modes of service such as Bus Rapid Transit ([mT). Segment Two--Extension to Denton This segment (approximately nine miles long) would provide for the extension of rail service to Denton. There are two options for this extension (see Figure 2). One option is to continue along the former Union Pacific railroad right of way into Downtown Denton from the terminus of Segment 1 near FM 2181. This would serve North Central Texas College and more of the County's population and would have a more logical terminus in the center of Downtown Denton. This segment of the line is now in use as a trail in the "Rails to Trails" program. The property is owned by the City of Denton, and DART owns the passenger rail operating rights for the former railroad right of way. The alternative option is to use the Kansas City Southern (KCS) railroad line just north of FM-407. This would terminate west of downtown Denton near the University of North Texas (UNT) campus. There is also an opportunity to exit the KCS railroad corridor just south of Denton, and use the Union Pacific (UP) railroad right-of-way into downtown Denton. As with Segment One, the exact alignment will be determined in a future alternatives analysis process. Any alternatives for this segment will consider impacts on adjacent properties before a final alignment decision is made. Estimated capital cost: $108 million. Transl FIGURE 1: REGIONAL RAIL - SEGMENT 1 Segment I~' No~th Carroilto~ to Co¢int~g~ickory Creek] Lake Da] las Transl FIGURE 2: REGIONAL RAIL - SEGMENT 2 Lake Hickory- Cfee~ ~l(e D,all~ ~o Denton Segment 1: Nor[h ' to, C or i r~t~'H,i clko4'y Cr ee ki Lek e Da~{es TransI Proposed Longer-Term Expansion Alternatives Several corridors are proposed for potential implementation after Segments 1 and 2 of regional rail service (see Figure 3). It is estimated that the agency will have no additional funding capacity to construct further rail segments until Segment Two is completed, which varies under the revenue scenarios as described in the Financing Plan section of this Service Plan. As that date approaches, DCTA will be able to evaluate the current conditions and prioritize the next segments for implementation. The agency will initiate planning and the decision-making process at that time. The proposed potential future expansion corridors are: Lewisville to DFW lnternational Airport This future line would follow the SH-121 alignment from South Lewisville to DFW Airport. Service on the line would interconnect to Denton and North Carrollton. This new segment would be approximately seven miles long and would be coordinated with DFW Airport's rail access plans on the northwest side of the Airport. If DART develops the Cotton Belt Railroad alignment from Downtown Carrollton to DFW Airport, and DCTA rail serves the Carrollton Intermodal Transportation Center, this alternative would likely be unnecessary. Lewisville to Richardson (KCS railroad right-o_f-way) and Carrollton to The Colony~Frisco (BNSF railroad right-ef-way) Future rail service to the east side of Denton County will depend in part on the development of these two corridors. This will be one of the better opportunities to partner with neighboring counties or authorities to accelerate funding and development of services. Carrollton to Dallas (same seat service) This future segment will be explored at a time when technology is available to provide same-seat service from Denton to downtown Dallas. Denton to Fort Worth There are two possible alignments to serve this corridor between Denton and Fort Worth. The primary option is to use the UP railroad right-of-way that runs parallel to US-377. However, an alternative could use the 1-35W right-of-way. The exact alignment would be determined in a future alternatives analysis process. Other Expansion Alternatives · Denton to McKinney (US 380 right-of-way) · Lewisville to The Colony/Frisco/McKinney (SH 121 right-of-way) · South County Line through Justin, Ponder, Krum, and Sanger (BNSF railroad right-of-way) · Denton to Aubrey/Pilot Point (UP railroad right-of-way) · Remaining Kansas City Southern line northwest of Denton (KCS railroad right-of-way) Transl FIGURE 3: REGIONAL RAIL - LONGER-TERM EXPANSION ALTERNATIVES TransI Park-and-Rides/Regional Rail and Bus Facilities Regional Park-and-Rides/Regional Rail and Bus Facilities are recommended at 30 key locations countywide (see Figure 4). The Park-and-Ride transfer network is a key element to the Authority's success, as those sites will be the key transfer points for all of the other recommended services. The three photos below demonstrate the range of options for Park-and-Rides--from a shared lot at a regional shopping center, to a regional transit center with a covered waiting area, to a multi-level parldng structure. Park-and-Ride facilities along the future rail corridors can be built to initially serve local and regional buses, but could later serve as Regional Rail Stations. If some Park-and-Ride locations can be shared with other commercial uses, those funds can go to help finance other transit related projects in the community. It must be stressed that no specific address locations are recommended at this time for these sites. Each individual community must work with the Authority and with local landowners to find a location that incorporates the Park-and-Ride facility into the rest of the area and provides convenient access for potential patrons. Land availability will also be an important element in deciding where these facilities are placed in each community. In addition, the location of major Park-and-Rides, especially those that are also designated as potential rail stations, will be subject to a future alternatives analysis process. The size assumptions used for the Park-and-Rides are for planning purposes only and will change as future studies are implemented. Regional Connector Service Regional Connector Service (see Figure 4) will focus on cost-effective regional connections to the Carrollton Park-and-Ride, Dallas Central Business District (CBD), DFW International Airport, Fort Worth CBD and Frisco. The Regional Connector Service will rely heavily on the Park-and-Ride lots along 1-35E and 1-35W, SH-121, as well as the transit hub in Denton. Headways for the Regional Service are recommended at 30-minutes during peak and 60-minutes during off-peak. Over-the-road coaches are recommended for the Regional Connector Service component of the plan, and buses will be able to use the HOV/Bus Lanes on 1-35E planned from Lewisville to the Dallas CBD. Prior to the initiation of Regional Connector routes, DCTA will conduct detailed surveys and other research to confirm interest in establishing the service. Only those services that meet the needs of the customers and perform within the minimum productivity levels established by the DCTA Executive Committee will be implemented. Routes will be phased in, with the ones with the most promising ridership the first to be considered. Once implemented, routes will be monitored, evaluated, and refined if necessary. The Regional Connector Service is recommended as an interim measure in the corridors where rail service will be implemented. It will be a service that can be quickly initiated to serve regional mobility needs. As rail service is introduced and Transl expanded in the County, these routes will be discontinued or changed to provide additional feeder service into the rail lines. FIGURE 4: PARK-AND-RIDES/REGIONAL RAIL AND BUS FACILITIES AND REGIONAL CONNECTOR SERVICE TransI DCTA also plans to work in partnership with the other regional transportation providers and the Texas Department of Transportation to promote development of high occupancy vehicle (HOV) facilities wherever possible. HOV lanes will allow regional connector buses to operate at increased reliability and at a time savings that should attract and maintain riders. The Regional Connector route into Dallas along Interstate 35E may initially utilize the HOV lane from Carrollton to downtown Dallas. Future TxDOT plans call for extension of the special lanes to FM 407. Feeder and Local Bus Service Feeder and Local Bus service is also recommended for Denton County (see Figure 5). The service will become the key connector between the smaller communities in the periphery of the County with the larger cities and towns. The feeder and local routes will rely on the Park-and- Ride transfer points throughout the County for connections to other modes and services. These routes will also be a key element to the Regional Connector Bus Service through timed transfers. The Service is conceived to operate at 30-minute headways during peak periods and 60-minute ~eak times. The City of Denton's LINK service will continue to operate, with possible additional routes to better serve the University of North Texas (UNT) and Texas Women's University (TWU), and an extended line to serve the North Central Texas College campus in Corinth. Local bus service is also recommended for Lewisville. The local routes were developed using 30-minute headways, consistent with the current LINK service. Small buses (20-30 passengers) are recommended for both the Feeder and Local Service. There will be a focus on new vehicle technology and alternative fuels. As with the Regional Connector services, DCTA will implement feeder and local services based on meeting the needs of the consumer and established productivity measures identified through detailed surveys and research to determine demand and interest. The routes will be monitored, evaluated, and refined as necessary. Demand Response Service Demand response service is currently available for elderly and disabled residents of Denton County through SPAN and the City of Denton. The current service will be expanded so that the general public will also be able to use the service. Because this service is required to give seniors and disabled residents mobility, it must be included in the plan. The expanded service will also give the transit-dependent and those who choose not to drive added mobility as well. The demand response service that is recommended for Denton County is made up of twelve zones (see Figure 6). Each zone will be served by one to three vans and can be expanded as demand warrants. The Demand Response zones will provide On-call service (one hour response time) similar to DART On Call, The T Rider Request, and LINK Dial-a-Ride Zones. Each zone will be focused around at least one Park-and-Ride transfer point to provide access to the rest of the County and the region. Transl FIGURE 5: FEEDER AND LOCAL BUS SERVICE Transl FIGURE 6: DEMAND RESPONSE SERVICE TransI Local Assistance/Corridor Preservation The plan also recommends Local Assistance funding for communities to help facilitate the public transportation system, in addition to funding for corridor preservation for the travel corridors described earlier. Funding for the local assistance program would range between $1 million and $1.5 million annually. The Local Assistance program will allow communities to enhance the public transportation system through: · Roadway, intersection, and interchange improvements; · Ramp metering; · Intelligent Transportation System (ITS) improvements; · Ridesharing; · HOV lanes on arterials and freeways in selected areas; · Vanpools; · Environmental mitigation; and · Signalization upgrades. Short-Term Capital and Operating Costs Capital and operating costs have been developed for each of the recommended services for Denton County for the first 10 years of services. Capital and annual transit operating costs, assuming an aggressive funding scenario (see the "Financing Plan" section) are shown below. Note: the operating and maintenance costs shown do not include debt service. Regional Rail (Segments 1 & 2) $240.0 million $4.3 million Park-and-Ride $13.0 million * Maintenance base/passenger amenities $10.0 million * Regional Connector Service $6.2 million $3.2 million Feeder/Local Bus $5.3 million $2.3 million Demand Response $1.5 million $2.1 million Local Assistance/Corridor Preservation $13.5 million N/A Total $ 289.5 million $11.9 million * Included in annual operating costs for each transit element Financing Plan In the planning effort, three 25-year plans were developed for consideration. The three scenarios for Authority funding are labeled "Conservative," "Moderate," and "Aggressive." The Conservative funding scenario assumes an across-the-board ¼-percent sales tax for all communities in Denton County eligible to participate. This results in a first-year sales tax intake of approximately $8.8 million. The Moderate funding scenario assumes an across-the-board ¼ percent sales tax, but assumes tht cities with a population of more than 12,000 will contribute an extra 1/8th percent increment of sales tax in return for a higher level of service, as permitted by the statute under which DCTA is established and operates, as anticipated to be amended in the current legislative session. This results in a first-year sales tax intake of approximately $12.9 million. TransI The Aggressive scenario includes an across-the-board ¼-percent sales tax, but assumes that cities with populations above 12,000 contribute an extra ¼-percent increment of sales tax in return for a higher level of services, as permitted by the statute under which DCTA is established and operates. Cities currently eligible to contribute the additional sales tax include Denton, Lewisville, Corinth, Flower Mound, and Highland Village. The Aggressive scenario results in a first-year sales tax intake of approximately $16.7 million. Economic growth is also important in developing the financing plan for Denton County. Denton County has seen significant sales tax growth over the past few years (an increase of 5-8 percent annually from 1998-2000). With the slowing of the economy in 2001 and 2002, it is assumed that this high growth rate in sales tax cannot be expected to sustain itself. Keeping that in mind, the project team has used an annual sales tax growth rate of 2.5 percent, which only accounts for population growth and does not account for inflation. Several other factors may be important to the financial analysis and may contribute to the financial plan: Debt service is included in all three scenarios. Debt financing of $188 million is included in the Conservative scenario in two series of debt issuances beginning in years 1 and 9 of the overall plan. In the Moderate scenario there is a total of $222 million in debt financing in two series of debt issuances beginning in years 1 and 9. The Aggressive scenario includes $170 million in debt financing in one issuance series in years 1 through 6. Federal funds are included in the financial plan in two ways. Formula funds (available to transit agencies based on population and ridership) are included at a growth rate of approximately 2.5 percent (below the inflation rate) over 25 years. In addition, federal "new starts" funding for major transportation projects is included at approximately one- third the cost of all rail components and bus vehicle acquisitions and major bus-related capital projects in the plan. The financial scenarios developed for this Service Plan are conceptual and preliminary in nature using a wide range of assumptions and scenarios that may vary once the overall plan is implemented. The Service Plan, both proposed services and financial arrangements, may change in the future subject to modifications based on election results. TransI Recommended Sales Tax Rate }lB 3323 requires that the Service Plan recommend a proposed sales tax rate. The initial Service Plan proposed a ¼ percent uniform sales tax to support the authority's services. The Aggressive financial scenario was predicated on cities of 12,000 or more population contributing an additional ¼-percent sales tax. }lB 3323 stated, "The imposition of an authority's sales and use tax must be approved at an election and may not be imposed in an area that has not confirmed the authority." There is legislation currently pending that would also allow the consideration of a 3/8th percent sales tax as an option. The Executive Committee is awaiting final action on that legislation and considering other sales tax-related issues. The final recommendation of a sales tax rate must be made prior to the body's call of a sales tax election. As noted below in "Next Steps," the election to approve a DCTA sales tax is planned for September 13, 2003. A final decision on a recommended sales tax rate was made by the Executive Committee [scheduled for July 10, 2003]. Phasing and Staging The three financial example scenarios described above are directly related to the possible phasing and staging (or implementation) schedule for the Service Plan's various elements, based on available financial resources. The following tables describe the financial capacity for implementation of Service Plan elements using the Conservative, Moderate, and Aggressive financial scenarios. The first year in the milestones shown below will be the year following voter approval of the sales tax to finance the Authority's services. (Note: these assumptions may change depending upon the number of entities that participate in the Authority. The milestones are predicated only on financial capability; decisions on specific bus routes and phasing of implementation of bus services will depend upon DCTA policies and criteria to be developed.) POSSIBLE MILESTONES USING CONSERVATIVE FINANCIAL SCENARIO 1 1~t half opens 1/3 open 1~t half opens 1~t half opens 2 1/3 open 3 1/3 open 4 2® half opens 2® half opens 2® half opens 7 Segment 1 Opens 13 Segment 2 'A fleet replaced 'A fleet replaced 'A fleet replaced Opens 16 'A fleet replaced 'A fleet replaced 25 'A fleet replaced 'A fleet replaced 'A fleet replaced TransI POSSIBLE MILESTONES USING MODERATE FINANCIAL SCENARIO 1 1st half opens 1/3 open 1st half opens 1~t half opens 2 1/3 open 3 1/3 open 4 2nd half opens 2nd half opens 2nd half opens 5 Segment 1 Opens 11 Segment 2 Opens 13 ½ fleet replaced ½ fleet replaced ½ fleet replaced 16 ½ fleet replaced ½ fleet replaced 25 ½ fleet replaced ½ fleet ½ fleet replaced ½ fleet replaced replaced POSSIBLE MILESTONES USING AGGRESSIVE FINANCIAL SCENARIO 1 Entire system 1/3 open Entire system Entire system opens opens opens 2 1/3 open 3 1/3 open 5 Segment 1 Opens 7 Segment 2 Opens 13 Fleet replaced Fleet replaced Fleet replaced 25 Fleet replaced Fleet replaced Fleet replaced NEXT STEPS The Authority's Executive Committee approved this current Service Plan on [Date of approval to be inserted here]. According to the state statute under which the authority operates, the Executive Committee may call an election in each of the municipalities eligible to vote on the sales tax issue (some municipalities that approved the creation of the Authority in November 2002 do not have sales tax capacity so are not eligible to participate). The Executive Committee called for the election on September 13, 2003, in the following cities, through approval of an Executive Committee resolution on [date of approval to be inserted]: · [List of Cities where election will be called to be included in this place] Detailed planning and implementation of the system will begin following an affirmative vote to establish the sales tax. TransI BACKGROUND TECHNICALREPORT More detailed information on all aspects of the Service Plan is included in a separate document, Denton County Transportation Authority Service Plan Technical Report, Revised. TransI COMPLIANCE WITH LEGISLATION HB 3323 specifies a number of issues for the Authority to consider as it developed its Service Plan. Those issues are aimed at ensuring that the Plan meets certain minimum requirements for service delivery, cost-effectiveness, and neighborhood compatibility. The table below lists those issues and specifies where in the Technical Report those issues are addressed. 1. Regional thoroughfare plans Listed in Section 2.3 2. Traffic counts Listed in Section 2.3 3. Feasible alternative modes Section 3 lists all potential modes 4. Location of collection and transfer points Section 4.2 details park-and-rides 5. Alternative routes linking access and Section 4.2 details park-and-fides discharge points 6. Alternative alignments using least populous Section 4; alignments focus on highways and areas if fight-of-way acquisition is required railroads, minimizing fight-of-way needs 7. Estimates of capital expenditures 8. Costs and cost-effectiveness 9. Administrative overhead costs 10. Load factors (fidership) 11. Fare structure Section 4.7 lists capital costs Discussed in Section 5 and Appendix Section 4.7 discusses operating costs; administrative costs are part of that factor Section 4.8; NCTCOG trip tables were used to determine ridership estimates Section 5.1 discusses farebox recovery assumptions for each element 12. Revenue from all sources Financial plan in Section 5.1 13. Cost per rider 14. Joint use of other transit systems 15. Segment revenue (profit-loss) analysis ,ppendix 2 analyzes cost per rider Joint use to be negotiated on a case-by-case basis; financial plan assumes costs and revenues regardless of which entity administers ~lan Section 5.1 discusses farebox recovery assumptions for each element CITY OF DENTON CITY COUNCIL MINUTES May 6, 2003 The City of DeNon City Council convened in the Work Session Room on Tuesday, May 6, 2003 at 5:00 p.m. to attend a reception honoring City Council. After determining that a quorum was presem, the City of DeNon City Council convened in a Regular Meeting on Tuesday, May 6, 2003 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips and Redmon. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect four City Council Members held in the City of Demon on May 3, 2003; and providing an effective date. Jennifer Walters, City Secretary, presemed the canvassing results for council consideration. The following ordinance was considered: NO. 2003-112 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR CITY COUNCIL MEMBERS HELD IN THE CITY OF DENTON ON MAY 3, 2003; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Momgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. 3. The Council considered approval of Resolutions of Appreciation for Council. Mayor Brock presented a Resolution of Appreciation to Jane Fulton. McNeill motioned, Burroughs seconded to approve the resolution. On roll vote, Burroughs "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. Mayor Brock presented a Resolution of Appreciation to Mike Phillips. Burroughs motioned, McNeill seconded to approve the resolution. On roll vote, Burroughs "aye", McNeill "aye", Momgomery "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes May 6, 2003 Page 2 4. Oath of Office administered to newly elected Council Members. Jennifer Walters, City Secretary, administered the Oath of Office to Raymond Redmon - District 1, Pete Kamp - District 2, Jack Thomson - District 3 and Perry McNeill - District 4. 5. Election of Mayor Pro Tem. Mark Burroughs was re-nominated for Mayor Pro Tem. McNeill motioned to re-appoint Mark Burroughs as Mayor Pro Tem. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 13, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, May 13, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, Montgomery, Redmon and Thomson. ABSENT: Council Members McNeill and Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of May 13, 2003. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the following: 1. Council considered the following in Closed Meeting: mo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the purchase and value of real property interests for street, utility and right-of-way purposes in the Nathaniel Britton Survey, Abstract No. 51 Denton County, Texas, and being an approximate 0.08 acre tract located between the northwest corner of the Ryan Ranch Addition and the southeast comer of the proposed Thistle Hill Estates, Phase II; which acquisition is for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. (Creekdale Drive Connection) Bo Deliberations regarding economic developmem negotiations - Under TEXAS GOVERNMENT CODE Section 551.087. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic development negotiations relating to the development of facilities of Sally Beauty Company on a 24 acre parcel of land located north of the intersection of Brinker Road and Colorado Boulevard in the J. White Survey, Abstract No. 1433, in the City of Denton. Council Member Redmon arrived during the Closed Session. Regular Meeting of the City of Demon City Council on Tuesday, May 13, 2003 at 6:30 p.m. in the Council Chambers at City Hall. City of DeNon City Council Minutes May 13, 2003 Page 2 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock preseNed the following proclamations: DeNon High School Girls Soccer Team Day TWU Pioneers Gymnastic Team Drinking Water Week in Denton Alternative Transportation & Air Quality Awareness Day B. May Yard-of-the-MoNh Awards Mayor Brock preseNed the May Yard-of-the MoNh awards to: Dwayne and Stacy Waters Mark and Margaret Eddings Vickie and James Wilson Mike and Susan Murray Hollye and William Green John and Tracey Baines Sandy Taylor and Laurie McClurg - Xerscaped Yard Taco Cabana - Business C. Recognition of staff accomplishmeNs City Manager ConduffpreseNed staff accomplishments to the Council and audience. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Peternia Washington: governmeN graNs, HUD, non-profits, and the City of DeNon. Ms. Washington was not present at the meeting. John Wolfe: need for emergency medical capabilities closer to Robson Ranch. Mr. Wolfe stated he and his neighbors waned the City to begin construction of an emergency facility closer to Robson Ranch in order to reduce the response time for emergencies. It had been indicated that the construction time had been extended to possibly the year 2007 instead of City of Demon City Council Minutes May 13, 2003 Page 3 beginning in late 2003 as earlier indicated. He felt that solutions could be found if everyone worked as a team. Mayor Brock indicated that the following individuals had submitted cards of support: Nancy and Fred Walsh, 10105 Coumryside, Demon, 76207 Dwight Olson, 10413 Coumryside, Demon, 76207 Linda Chapman, 9312 Grandview, Demon, 76207 Joyce Joiner, 9516 Grandview, Demon, 76207 Cymhia and Brian Allison, 10009 Coumryside, Demon, 76207 Lora and Richard Bolstad, 9405 Avalon, Demon, 76207 Henry Gill, 10516 Coumryside, Demon, 76207 John Fagin, 10508 Coumryside, Demon, 76207 Larry Kykes, 10104 Countryside, Denton, 76207 Dwight Evans, 9209 Grandview, Demon, 76207 Kay and Dick Howarth, 10013 Countryside, Denton, 76207 Gary and Karen Hecht, 9712 Grandview, Demon, 76207 Susan Hakel, 10500 Gardner Trail, Demon, 76207 Larry Walter, 9405 Parkview Court, Denton, 76207 Raymond Bacc, 9616 Grandview, Demon, 76207 Dale Valemine, 9709 Pinewood, Demon, 76207 David Homeier, 9717 Grandview, Demon, 76207 Tom Rose, 10409 Countryside, Denton, 76207 Dale Hakel, 10500 Gardner Trail, Demon, 76207 Monroe Glaser, 10501 Gardner Trail, Demon, 76207 Judy and J. B. Spalding, 9405 Grandview, Demon, 76207 Myron and Linda Zisman, 9313 Grandview, Demon, 76207 Edward and Caroline Westbrook, 9413 Perimeter, Demon, 76207 Richard Stream, 9213 Grandview, Demon, 76207 Jane Oxley, 9412 Perimeter, Denton, 76207 Laurel Evans, 9209 Grandview, Demon, 76207 Dave and Joan Wood, 9308 Grandview, Demon, 76207 Fjola Jeffries, 9301 Grandview, Demon, 76207 Tom and Loraine Kenney, 9304 Perimeter, Denton, 76207 George and Jane Klein, 9401 Trailwood, Demon, 76207 3. Ed Soph: Eureka Playground Mr. Soph felt that Eureka Playground should be closed until proven safe rather than keeping it open until proven dangerous due to the treated wood used in the building of the playground equipment. 4. Jane Fulton: lack of care of rock creeks Ms. Fulton stated that she was concerned about the historical rock creeks in Denton that were being neglected. These creeks should be preserved rather than being neglected as they were of historical value to the City. City of Demon City Council Minutes May 13, 2003 Page 4 4. CONSENT AGENDA Mayor Brock indicated that Item 4S and 4T had been pulled for separate consideration. Item 4P would also be considered separately as Mayor Pro Tem Burroughs had a conflict of interest with that item. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items 4P, 4S and 4T. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4P was considered. Mayor Pro Tem Burroughs left the meeting with a conflict of interest. Montgomery motioned, Thomson seconded to approve Consent Agenda Item 4P. On roll vote, Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Mayor Pro Tem Burroughs returned to the meeting. Items 4S and 4T were considered together. Melba Gene Ryan, property owner, spoke in opposition to the proposal. Council questions and discussions dealt with the city having the right to condemn property outside the city limits, the City's purpose for the right of way property and why this was being done at this time. Montgomery motioned, Thomson seconded to approve Items S and T. Mayor Pro Tem Burroughs requested that staff be given direction to negotiate additional time for consensus with the property owner. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of April 8, 2003 and April 15, 2003. 2003-113 - An ordinance of the City of Demon, Texas approving a lease agreement between the City of Denton and the Denton Mall Company, L.P. for the City Hall in the Golden Triangle Mall; authorizing the expenditure of funds therefor; and providing an effective date. 2003-114 - An ordinance of the City of Demon authorizing the City Manager to execute on behalf of the City of Demon Amendmem No. 2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated December 4, 2001 relating to the construction of improvements at the Denton Municipal Airport; and declaring an effective date. 2003-115 - An ordinance of the City of Demon authorizing an agreemem between the City of Demon and the Federal Aviation Administration to provide for air City of DeNon City Council Minutes May 13, 2003 Page 5 traffic comrollers at the DeNon Municipal Airport; and providing an effective date. mo 2003-116 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of rubber goods testing; providing for the expenditure of funds therefor; and providing an effective date (Bid 2976 - Annual Price Agreement for Rubber Goods Testing awarded to Texas Meter and Device Company in the estimated amoum of $25,000). Fo 2003-117 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electric meters, CTs, meter sockets and related items; providing for the expenditure of funds therefor; and providing an effective date (Bid 2982 - Annual Price Agreemem for Electric Meters, CTs, Meter Sockets and Related Items awarded to the lowest responsible bidders for each item in the estimated amoum of $200,000). Go 2003-118 - An ordinance authorizing the City Manager to execute change number one to the contract between the City of Denton and Visionair, inc; providing for the expenditure of funds therefor; and providing an effective date (Ordinance 2000-457; File 2640 - Agreemem for Purchase, Licensing, Programming, Implementation, Training, Service and Support of Fire and Police Support Software and Hardware between the City of DeNon and Visionair, inc. awarded to Visionair, inc. in the amoum of $1,237,934.95 and File 3018 - Change Order No. One in the deduct amoum of $55,247.60 for a total amoum of $1,182,687.35) Ho 2003-119 An ordinance authorizing the City Manager to approve a Memorandum of Understanding (MOU) with the University of North Texas to authorize participation in various research projects originated by the City of DeNon; providing for the expenditure of funds therefor; and declaring an effective date (File 3024 - Memorandum of Understanding with the University of North Texas). 2003-120 - An ordinance of the City of DeNon, Texas authorizing the expenditure of funds for paymems by the City of DeNon for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of DeNon; and providing an effective date (File 3017 - Electrical Energy Transmission Fees in the total amoum of $1,195,204.31). Jo 2003-121 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an amendment to the two interlocal agreements by and between the City of Denton, Texas and the Denton Independent School District dated May 15, 2001 and May 14, 2002 pertaining to an aquatic center, in order to authorize the City's construction of a skate park on a portion of the aquatic center property; authorizing the expenditure of funds therefor; and providing an effective date. Ko 2003-122 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Denton Skate Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 2992 - DeNon City of DeNon City Council Minutes May 13, 2003 Page 6 Skate Park Project awarded to Calvert Paving Corporation in the amount of $60,645). 2003-123 - An ordinance accepting competitive bids and awarding a public works contract for dry boring, casing and PVC conduit installations; providing for the expenditure of funds therefor; and providing an effective date (Bid 2995 - Annual Price Agreement for Dry Boring, Casing and PVC Conduit Installation awarded to LB&L Cable, Inc. in the estimated amouN of $106,128). 2003-124 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and DeNon County, Texas for road improvemeNs for a bridge bypass on Loop 288 north of Colorado; authorizing the expenditures of funds therefor; and providing an effective date. 2003-125 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Loop 288 East Temporary Traffic Diversion; providing for the expenditure of funds therefor; and providing an effective date (Bid 3014 - Loop 288 East Temporary Traffic Diversion awarded to Austin Bridge and Road, LP in the amouN of $185,292.16). 2003-126 - An ordinance authorizing the City Manager, or his designee to execute a Real Estate Contract for the acquisition of approximately 3.0 acres being a tract conveyed to Frederick A. Beardsley and wife, Carol Ann Beardsley as recorded by Deed in Volume 1054, Page 889, of the Real Property Records of DeNon County, Texas, said property being located in the G. Walker Survey, Abstract Number 417, Denton County Texas; authorizing the expenditure of funds therefor; and declaring an effective date. (Pecan Creek Water Reclamation Plan Future Expansion) 2003-127 - An ordinance by the City of DeNon abandoning and vacating a portion of an easement to the City of Denton, Texas recorded in Volume 4397, Page 1364 of the Real Property Records of Denton County, Texas as it affects Lot 1, Block A of the Lissberger Addition; and providing an effective date. 2003-128 - An ordinance authorizing the City Manager, or his designee to execute an Interlocal Agreement with Texas Woman's University to enable an exchange of easements and services to accommodate utility relocations and easements; and declaring an effective date. (Austin Street Sanitary Sewer) 2003-129 - An ordinance by the City of DeNon abandoning and vacating a portion of a drainage and utility easemeN to the City of DeNon, Texas recorded by Clerk's File No. 94-R0077739 of the Real Property Records of DeNon County, Texas as it affects Lot 1R, Block 1 of the Denton Regional Medical Center Addition; and providing an effective date. City of DeNon City Council Minutes May 13, 2003 Page 7 So 2003-130 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.08 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of DeNon and said property being located in the Nathaniel Britton Survey, Abstract Number 51 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Wayne S. Ryan and Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. To 2003-131 - An ordinance of the City of DeNon, Texas approving an agreemem between the City of Denton and Denton Thistle Hill Partners, L.P. for the acquisition by purchase or condemnation of an approximate 0.08 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of DeNon and said property being located in the Nathaniel Britton Survey, Abstract Number 51 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Wayne S. Ryan and Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas; and providing an effective date. Uo Approved a variance of Section 35.20.2 (L.3.a.) of the Code of Ordinance concerning improvements to a perimeter street. The parcel contains approximately 23 acres and is generally located on the northwest corner of Vimage Boulevard and Bonnie Brae Street. The property is zoned Planned Developmem 139 (PD-139). Single-family residemial lots are proposed. The Planning and Zoning Commission recommends approval (7-0). (Vintage Addition Phase 2-B, perimeter street improvements, V03-0006) go 2003-132 - An ordinance ratifying a PCB Waste Disposal Agreemem between the City of DeNon, Texas and L.W. Environmemal Services, Inc. for the removal of polychlorinated biphenyls at the Spencer electric pole yard; authorizing the expenditure of funds therefor, being an emergency procuremem, which is exempt from competitive bidding; and providing an effective date. (Purchase Order for amoum not to exceed $42,886.95) 5. PUBLIC HEARINGS A. The Council held the first to two public hearings to consider the voluntary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett, in the southeastern section of the City of DeNon Extraterritorial Jurisdiction (ETJ). (Teasley Lane High School Annexation, A03- O001) Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the site and proposed annexation dates. He also reviewed of the annexation process. City of DeNon City Council Minutes May 13, 2003 Page 8 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. B. The Council held a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for approximately 0.5 acres located in a Downtown Residemial 2 (DR-2) zoning district. The property was generally located at the corner of Avenue A and Fannin. A multi-family development was proposed. The Planning and Zoning Commission recommended approval (7-0). (.4DP03-0004, Ave .4 & Fannin) Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the site and the proposed development. The alternative development plan would give a street presence in the front of the building but the main entrance would be at the rear of the building. It was felt that this type of alternative development would provide more security for the residents. The Mayor opened the public hearing. Karen Mitchell, Mitchell Planning Group, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 0.5 ACRE OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF AVENUE A AND FANNIN STREET, WITH1N A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING AN ARTIFICIAL FACADE THAT WILL APPEAR TO BE THE MAIN ENTRY FROM AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP03-0004) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 6 acres from Regional Cemer Commercial Neighborhood (RCC-N) to Regional Cemer Commercial Dowmown (RCC-D). The property commonly known as 4901 1- 35N was generally located approximately 1600 feet north of Schuyler Drive on the west side of 1-35N. The existing RV sales and future display areas were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0008, 1-35 RI~ Center) City of DeNon City Council Minutes May 13, 2003 Page 9 Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was for an expansion at the rear of the property for the existing RV sales area. The Mayor opened public hearing. No one spoke during public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6.0 ACRES OF LAND GENERALLY LOCATED ALONG THE WEST SIDE OF 1-35, APPROXIMATELY 1600 FEET NORTH OF SCHUYLER DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0008) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "nay". Motion carried with a 5-1 vote. D. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit to allow gas well development. The approximately 95 acre site was in a Neighborhood Residemial 6 (NR-6) zoning district and was generally located east of the intersection between Bonnie Brae and the future extension of Vintage Boulevard. Two gas well sites were proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z03-O011, JOAB A&B Unit #1) Larry Reichhart, Assistant Director for Planning and Development, stated that a specific use permit for the proposed gas well developmem was required in neighborhood residemial cemers. The Planning and Zoning Commission had recommended six conditions as noted in the agenda materials. The Mayor opened the public hearing. Karen Mitchell, Mitchell Planning Group, spoke in favor of the proposal. She requested a clarification on condition four. Her understanding was that the wooden fence would be installed at the time of production as this was a visual screen and not a security fence. The Mayor closed the public hearing. City of Demon City Council Minutes May 13, 2003 Page 10 The following ordinance was considered: NO. 2003-135 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 95 ACRES OF LAND GENERALLY LOCATED EAST OF THE INTERSECTION OF BONNIE BRAE AND THE FUTURE EXTENSION OF VINTAGE BOULEVARD IN THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0011) Burroughs motioned, Kamp seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission and the understanding that the wooden fence would be installed at the time of production. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon left the meeting. E. The Council was to hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow gas well developmem. The approximately 17.3 acre property was in a Neighborhood Residemial 6 (NR-6) zoning district and was generally located south of Hickory Creek Road approximately 1000 feet west of Teasley Lane. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z03-0012, Meredith #1) Mayor Brock announced that the petitioner had requested a postponement of the proposal. The Mayor opened the public hearing. Montgomery motioned, Burroughs seconded to continue the public hearing to the June 3rd council meeting. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon returned to the meeting. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance establishing an economic developmem program under Chapter 380 of the Local Govemmem Code for making grams of public money to promote economic developmem and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Sally Beauty Company, Inc. regarding the development of an approximate 24 acre parcel of land located north of the intersection of Brinker Road and Colorado Blvd. in the J. White Survey, Abstract No. 1433, in the City of Demon, Texas; authorizing the expenditure of funds therefor; and providing an effective date. City of Demon City Council Minutes May 13, 2003 Page 11 Linda Ratliff, Director of Economic Development, presented the details of the proposal. She indicated that Sally Beauty Company would be developing a new facility in Demon. The following ordinance was considered: NO. 2003-136 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SALLY BEAUTY COMPANY, INC. REGARDING THE DEVELOPMENT OF AN APPROXIMATE 24 ACRE PARCEL OF LAND LOCATED NORTH OF THE INTERSECTION OF BRINKER ROAD AND COLORADO BLVD. IN THE J. WHITE SURVEY, ABSTRACT NO. 1433, IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered for adoption an ordinance of the City of Demon, Texas updating impact fees by amending Chapter 26, "Utilities," Section 26-210 through 26-232 of the City of Demon Code of Ordinances; adopting revised land use assumption and capital improvements plans for water and wastewater impact fees; establishing new service areas for wastewater impact fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; revising procedures for administering impact fees; repealing conflicting ordinances and resolutions; providing a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. Howard Martin. Assistant City Manager for Utilities, stated that the updating of the impact fees was started in February of this year. He reviewed the process to date. The Public Utilities Board was recommending a water fee based on single calculated credit fee but two separate zones and a phased fee for wastewater. There would also be separate fees for Hickory/Pecan Creek, Clear Creek and single family homes less than 1,300 square feet. The following ordinance was considered: NO. 2003-137 City of Demon City Council Minutes May 13, 2003 Page 12 AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE ASSUMPTION AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REVISING PROCEDURES FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered nominations and appoimmems to the City's Boards and Commissions. Mayor Brock nominated Darlene Mullenweg to the Historic Landmark Commission. Mayor motioned, Montgomery seconded to suspend the rules and vote on the nomination at this meeting and to confirm the nomination of Darlene Mullenweg. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. New Business There were no items of New Business suggested by Council Members for future agendas: mo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. F. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:35 p.m. City of Demon City Council Minutes May 13, 2003 Page 13 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 3, 2003 Materials Management Questions concerning this acquisition may be directed to Eva Poole 349-7735 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon authorizing the City Manager or his designee to execute a purchase order with Baker and Taylor, inc. for the acquisition of new cataloged and processed materials for the Opening Day Collection for the North Branch Library by way of an agreement with the North Texas Regional Library System; and providing an effective date (File 3034-apening Day Collection for the North Branch Library Collection awarded to Baker and Taylor, inc. in the amoum of $150,000). FILE INFORMATION As the Emily Fowler Library is closing for renovation, most of the Opening day Collection (aDC) for the North Branch Library will be temporarily transferred from Emily Fowler. An additional $150,000 has been allocated to purchase new cataloged and processed materials for the North Branch Library. Baker & Taylor, Inc. was the bidder chosen by the North Texas Regional Library System to provide materials for member libraries for Fiscal year 2002-03. As a member of the one of the ten library systems under the auspice of the Texas State Library Archives Commission, the City of Denton can enter into an agreement with the North Texas Library Association to purchase the materials for the aDC from Baker & Taylor, inc. RECOMMENDATION We recommend award of this item to Baker & Taylor, Inc. in the amoum of $150,000. PRINCIPAL PLACE OF BUSINESS Baker & Taylor, Inc. Commerce, GA ESTIMATED SCHEDULE OF PROJECT The materials will be delivered two weeks before the grand opening of the North Branch Library. Agenda Information sheet June 3, 2003 Page 2 FISCAL INFORMATION This item will be funded from account 10005703.1365.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Letter from the North Texas Regional Library System 1-AlS-File 3034 A~achment 1 North Texas Regional Library System Phone: 817/377-4440 800/856-3050 6320 Southwest Blvd. Suite 1(~1 Fort Worth, Texas 76109 F~x: 817/377-8020 800/856-80~.0 _ MayT, 2003 Eva Poole, Director D~ton Public L/brary 502 Oakland Street Denton, TX 76201 Dear Ms. Poole: This letter will confirm that the Denton Public L/bray is a member of the North Texas Regional Library System (NTRLS), and as stroh, is entitled to purchase materials under an Agreement between NTRLS and Baker and Taylor. The Agreement with Bakcr and Taylor was negotiated through an open bidding proems outlined in thc NTRLS Business Plan, which follows standard bidding procedures, Sincerely, Lynne C, H~dy · Executive D/rector ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH BAKER AND TAYLOR, INC. FOR THE ACQUISITION OF NEW CATALOGED AND PROCESSED MATERIALS FOR THE OPENING DAY COLLECTION FOR THE NORTH BRANCH LIBRARY BY WAY OF AN AGREEMENT WITH THE NORTH TEXAS REGIONAL LIBRARY SYSTEM; AND PROVIDING AN EFFECTIVE DATE (FILE 3034-OPENING DAY COLLECTION FOR THE NORTH BRANCH LIBRARY COLLECTION AWARDED TO BAKER AND TAYLOR, INC. IN THE AMOUNT OF $150,000). WHEREAS, the North Texas Regional Library System has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedure of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased by the City through the North Texas Regional Library System programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agem are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3034 Baker & Taylor, Inc. $150,000 SECTION 2. That 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 North Texas Regional Library System for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums comained in the bid documems and related documents filed with the North Texas Regional Library System, and the purchase orders issued by the City. SECTION 3. That 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 North Texas Regional Library System, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the North Texas Regional Library System, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3034 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 3, 2003 Materials Management Questions concerning this acquisition may be directed to Charles Fiedler 349-8948 ACM: Kathy DuBose, Fiscal and Municipal Services ~'% SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the Pecan Street Interceptor project; providing for the expenditure of funds therefore; and providing an effective date (Bid 3006-Pecan Street Interceptor awarded to S.J. Louis Construction of Texas, Ltd LLP. in the amount of $1,847,323.45). BID INFORMATION The Pecan Creek Interceptor project consists mainly of open cut construction of approximately 13,458 linear feet of sanitary sewer interceptor ranging in diameter from 27 inches to 48 inches. This interceptor was identified for rehabilitation/replacement in a study of the system mandated by the current USEPA Administrative Order and also in the City's Master Plan. Bids for the construction phase of this project were opened on May 6, 2003. There were six bidders, with bids ranging from a low of $1,847,323.45 to a high of $2,2527,578.05. The bid summary is included as Attachment 1. S.J. Louis Construction of Texas, Ltd. LLP meets all of the requirements for the qualified low bid for this project. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board will consider this item at its June 2, 2003 meeting. RECOMMENDATION We recommend award of this bid to S.J. Louis Construction of Texas, Ltd. LLP in the amount of $1,847,323.45. PRINCIPAL PLACE OF BUSINESS S.J. Louis Construction of Texas, Ltd. LLP Mansfield, TX STAFF COST ESTIMATE The engineer's estimate for this project was $2,400,000. Agenda Information Sheet June 3, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin August 2003 with an estimated completion date of May 2004. FISCAL INFORMATION This bid will be funded from account 64000400.1360.21130. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation Sheet 1-AlS-Bid 3006 0 L~ CO 0 0~ LD LD LD LD LD ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN STREET INTERCEPTOR PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3006-PECAN STREET INTERCEPTOR AWARDED TO S.J. LOUIS CONSTRUCTION OF TEXAS, LTD LLP IN THE AMOUNT OF $1,847,323.45). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3006 S.J. Louis Construction of Texas, Ltd. LLP $1,847,323.45 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3006 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 3, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Charles Fiedler 349-8948 SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with ERES Consultants for an automated roadway inspection and evaluation as set forth in the contract; providing for the expenditure of funds therefore; and providing an effective date (File 3010 to ERES Consultants in an amount not to exceed $300,000). FILE INFORMATION This Agreement provides for contracting with a qualified firm to conduct an automated roadway inspection and technical evaluation of the City of Denton's roadways. The goal of this project is to establish an accurate and complete database on which to make cost effective decisions relating to the maintenance and reconstruction of streets within the city. The City of Denton currently maintains over 1300 lane miles of roadway using a computer-based Pavement Management System (PMS). City staff has conducted one visual inspection of the road network since the implementation of the database in the late 1990s to evaluate surface distress types, severities and extents for entry in to the PMS database. The City staff has attempted to use the PMS program to help them select the most appropriate treatment for each roadway in the network and to prioritize the required maintenance, repair and reconstruction activities for the entire network. This process has been hindered by the quality of the assessment currently available in the database, therefore resulting in the need for expert data collection, evaluation and analysis of the results from an automated database. RECOMMENDATION We recommend award of PSA 3010 to ERES Consultants in the amount of $300,000. PRINCIPAL PLACE OF BUSINESS ERES Consultants Champaign, IL Agenda Information Sheet June 3, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin in the middle of June 2003. seven months from the start of the project. FISCAL INFORMATION This project will be funded from account 83001800.1360.20130. The estimated completion date is Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3010 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ERES CONSULTANTS FOR AN AUTOMATED ROADWAY iNSPECTiON AND EVALUATION AS SET FORTH iN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3010 TO ERES CONSULTANTS IN AN AMOUNT NOT TO EXCEED $300,000). 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager, or his designee, is hereby authorized to enter into a professional service contract with ERES Consultants, to provide professional engineering and related services for an Automated Roadway Inspection Evaluation, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or his designee, 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 ,2003. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: RFSP 3010 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 Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and ERES Consultants, a division of Applied Research Associates, Inc., with its corporate office at 505 W. University Avenue, Champaign, Illinois 61820, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideratiol~ of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts 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 attachmems to this Agreement that are referenced in Section 3, in connection with the Project. The .Project shall include, without limitation, the Basic Services described in Tasks 1 through 7 of the Proposal shown in Attachment 2 and any Optional or Additional Services requested in writing by the Owner. 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 $ 299,572.48. 2.1.2 Progress payments for Basic Services shall be paid monthly based on the percentage of each task completed during the billing period. 2.2 OPTIONAL SERVICES 2.2.1 For Optional Services, the compensation for each task shall be as follows: Task 8 $ 6,100. Task 9 $17,500. Task 10 $ 64,400. Page 1 Current Contract Engineering Analysis of Revised 5-30-02 Automated Roadway Evaluation Task 12 $ 87,200. 2.2.2 Progress payments for Optional Services shall be paid monthly based on the percentage of each task completed during the billing period. 2.3 ADDITIONAL SERVICES 2,3.1 Compensation for Additional Services is as follows: Principal Engineer $135.00 per hour S~nior Engineer $ i00.00 per hour Sta~'fEngineer $ 75.00 per hour Technician $ 50.00 per hour Clerical $35.00 per hour 2.3.2 Compensation for Additional Services of other consultants, including additional structural, mechanical and electrical engineering services, shall be based on a multiple of 1.1 times the amounts billed by the Design Professional for such additional services. 2.4 REIMBURSABLE EXPENSES Reimbursable Expenses, in conjunction with Additional Services, shall, be a multiple, of 1.1 times the expenses incurred by the Design PrOfessional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $10,000 without the prior written approval of the Owner. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents, all of which are attached hereto and made a part here&by reference, as if fully set forth herein: City of Demon General Conditions to Agreement for Architectural or Engineering Services, except Artictes 2 and 5 which are not applicable to this project. · 2. The Design Professional's Proposal. Page 2 Engineering Analysis of Automated Roadway Evaluation Current Contract Revised 5-30-02 This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON ATTEST: JENNIFER ~LTERS, CITY SECRETARY BY: APPROVED AS T~ LEGAL FORM: HERBE~y~;~y ATTORNEY ' BY: BY: MICHAEL A. CONDUFF CITY MANAGER WITNESS: BY: ' ~~./~4.~ ERES CONSULTANTS, A DIVISION OF APP/~J~~fJ:t~ S ~IA TES CURT A. BECKEME~31R VICE PRESIDENT ND DIVISION MANAIJER Page 3 Engineering Analysis of Automated Roadway Evaluation Current Contract Revised 5-30-02 ATTACHMENT 2 PROPOSAL 2A. BASIC SERVICES · ERE~--Oonsullmats will eo~iipIef~ ~he folldwln'g Seven tasks for ~e collection ~d ~alysis of engNeering data ~d pavement m~agement system customi~fion for ~e Ciw of Denton. Task l. Conduct a Site V~it and Prelimina~ Pavement Management T~ Prior to ~e s~ of data collection, E~S will conduct a Mekoffmeeting to f~ili~Ne ~e CiW s~wi~ o~ scope' &work ~d data collection prooed~es ~d to gan ~ ~der~ding of~e CiW's previous di~ess ~speetio~, ~e C~ent pA~~view Plus . ~tab~e, ~d ~e 'problems enco~tered wi~ ~s data. In addition, we ~11 ga~er ~fo~ation about ~e new roads · at have be~ accepted into ~e 'CiW's inventow sin~ ~e I~t ~peefion ~d ~e most c~nt . ~affic Nfo~afion available for each route N ~e ne~ork. FNally, we will Nte~iew key CiW st~ members to be~er ~ders~d how ~e pavement m~agemeat system ~b~e is presently used ~d what ~e~ expec~tions ~e for ~e e~eement of~is da~base ~der ~is project. T~k 2. Conduct the Asset M~agement D~a Collection S~ey and Analys~ E~S/C~ w, ll conduct ~e s~m~ auto~a~d w~eo ~s~ess ~ey on a~ro~ately 380 centerlme miles ofroadwa usm a vehmle equipped wl~ dm~ . ........... Cmer~ ~d a set ofI~ers ~ ~e ~ont bmper. ~is equipmmt s~eously r~ords ~e s~ace condifio~ raring, '~d rougMess of~e pavement s~aee. It also rear& .~ages of roadside items such m sidewalks, c~b/~er, si~s, ~&ail ~d fencing, wMle ~vel~g at prevhling ~c s~eds, s0 no addi~onal ~fic cOnSol is requked. ~e Vmmo~ted cmem ~d profiler system is m~ufae~ed by International Cybernetics Co~oration ~CC) ~d offers ~e hi,est qualiw do~w~d-looking pavement ~ages available on ~e m~ket. The E~S/CGH s~ey vehicle stores pavement ~d p~ormie images on iB onbo~d computers in real ~e us~g ~e ~EG fomat. ~e ~ages ~e Stored on removable h~d &ives, one per. Cmera, which ~e ~en to ~e office for post-processhg on.~ ICC-developed workma~on. ~is works~fion consists of a tower computer wi~ multi le p~ormic ~ages s~uI~eou.,_. ~ ~ P monitom for viewing pavement ~d ' ~,y. t ne so~ ~lows . . · e user to access, wew, ~d step fo~d ~d backed ~ou~ ~e collected ~ages. It also h~ a tool for rating dis~esses ~d calculat~g dis~e~ qu~fities. This capabili~ is beneficia in · . qu~titles. Follow~ c ~,: ...... ~e est~at~on of matte .... ~ ~ . ~ o-.v,~uuu o~aam process~ ~e d'o'*-~ ..... ' n~,~ ~u repa~ disks ~d ~chived for ~mm view~g. ~, i~-~, mag~s e~ be backed up on D~ E~S/CGH wiI1 use ae GIS files provided by ~e CiW of Denton to pl~ ~e field data collection operations ~d to develop ~ efficient s~ey routing. S~ey. operations will be plied to s~ey one l~e in each d~etion on all ~e s~eets ~der ~e j~sdiction of ~e Ci~ of Denton. AH s~ey work will be Peffomed dur~g dayli~t hours. ~e rou~g ~II be established ~ s~ey ~ a wes~rly, or sou~erly, direction in ~e mom~g ~d. ~ ~ e~tedy, or no~erly, dkeefion ~ ~e afternoon. ~e rout~g ~ti be sufficiently flexibIe to ~Iow ~e c~w to avoid such potentially disruptive situations ~ hea~ ~c, accident, ~d o~er public s~eW ~cidena. As p~ of~e rou~g process a dabble will be created prodming a "cross-w~,, be~een ~e Ci~ ofDenton's ~que s~fion ~ code ~d CGH's section id~fifieation code, The survey will be performed using the ERES/CGH Digital Survey Van (DSV) and will collect the following information: B&W Digital Pavement Images (14-ft wide by 20-ff long) Color Digital Right-of-Way (ROW) Images (at 25-ft intervals) C_ol~r D igital Signlmages0t 25_&inte~r~al_s)~ · Longitudinal Pavement Profile data, both wheel paths · 3-sensor Rutting data GPS coordinates (sub-meter accuracy) The data collected will be'packaged and shipped, at regula~ intervals, to the EKES and CGH offices for quality control review and processing. The data received from the field goes through a series of quality control reviews to ensure that it is accurate and complete. The data collected is then processed to produce a back-up copy and a working copy for data reduction. The pavement profile and rutting data collected will be processed using industry standard software to Produce an International RoUghness Index (IRI), a rutting index (AC surfaced pavements only), and a faulting index (PCC pavements onlY) for each roadway segment. The pavement distress data will be produced using the B&W'digital pavement images and a digital work station. Pavement distress data reduction will be performed on100% of each lane for PCC pavements and 25% Of each lane for AC surfaced pavements, sampling on the AC surfaced pavements will be performed using the Frame Analysis Method. Sampling will be accomplished by analyzing 1 image out of every'4 images within each segment. The pavement distress and profile data produced will be fled back to the city of Denton's unique section ID and incorporated into the CitY's PAVEMENTview Plus database. Finally, ERES/CGH will provide· the City of Denton with external, USB 2.0 hard drives containing the digital images and the associated'pavement distress dam. ERES/CGH Will also provide the cross-walk daabase for identification of the images belonging to a particular section. · ERES/CGH will also perform a Roadway Asset Inventory of the in-road assets Using the ROW ' images and GPS data collected in both directions during the Asset Management Data Collection Survey, as well as a digital work station. The roadway assets to be inventoried include those located within the curb lines. Specifically we will identify the type of asset and GPS location of the Roadway Assets visible in our ROW images. The Specific assets to be identified include the following: Curb Inlets · Drop Inlets Large Manholes (24-in dia or larger) Small Manholes (less than 24-in dia) Large Valve Box (24-in or larger in longest dimension) Small Valve Box (less than 24-in in longest dimension) The dimensions of the large & small manholes & vaive boxes can be adjusted. ERES/CGH will deliver an SQL Server database containing the GPS coordinates and.the asset type. In addition, we will provide a GIS layer showing the location of the road assets overlaid on the City of Denton GIS map in ESRI's shapefile format. At,the start of field data collection, EREs/cGH will perform a quality control program to compare the device sensor outputs to ground truth measurements, thereby verifying system accuracy. We will select two 1,000-ft test sites, one asphalt-surfaced and the other exposed concrete pavement. In the asphalt-surfaced test site we will measure transverse and longitudinal pavement profiles using a Dipstick device. We witl also measure the longitudinal profile of the co. ncrete test site using the Dipstick, as well as measure joint faultm this ground truth data to the surve ......... · ~ . ' 'g. ERES/CGH will y vm~ ompu~ to veri th . Index _(IR/), rutting, and f_~ting~~ ry e accuracy'oflnternatxonal Roughness Task 3. Conduct the Ground Penetrating Radar Survey and Anulysis A ground penetrating radar survey of the 380 Centerline_mite cad network wilI be conducted ERES/GEOVision at prevailing roadway speeds using a 1.0 system ~--I~ by , air-coupled radar anteunamanufactured by Geophysical Survey Systems, Inc. meeting TxDOT Specification No. 845-49-62. Survey operations will be Planned to survey one lane of each two- and three-lane roadway and one lane in each direction on ail four or more. lane roadways under the jurisdictiOn of the City of Denton.. Alt sUrVey work will be performed during daylight hoursl The GPR data will be analyzed by ERES/GEOvision using the RoadDoctor analysis software. Digital images of layer thicknesses and profiles for each management segment will be provided to the City on an external, USB 2.0 hard drive along with the Viewer version of the RoadDoctor sof~are. . . Taslc 4. Upload the InventOry and Survey Results into the DatabaSe ERES will upload the results of the analysis of the semi-automated ay the PAVEMENTview Plus SQL Server data~. ....... . .._ p ement distress sUrVey into · ~,~. a ms aata will include the distress types, seventies, and extents picked off the video imaging, as well as the average IRI, rutting, and faulting values for each roadway segment in the database. Customized data entry screens wiI1 be developed in PAVEMENTview Plus for this effort. ERES will also enter the number and nominal thickness of each layer for every roadway segment in the database, as determined from the analysis of the GPR data. Task $. Customize the Pavement Management Software The following Paragraphs describe the steps we will take to fully customize the software to meet the project needs.' Develop Pavement ~erformance Models.· ERES will devel p pavement performance models based on the pavement condition data collected in Task 2 collected in Task ~d the layer thickness data 3. This performance modeling wilI use the pavement "family class" approach, Where a "family class" is defined as a group of pavements with similar composition and use. The surface condition index (SCI) of every segment in the network will be plotted against its "date of last resurfacing" to develop a Denton-specific deterioration model for each family class. These ~ u~ o[me networ~ and trigger snecific re~-~-:,: .... P the future timing. ~ ,.~o,ntauon recommendations at the proper Step 2: Develop Maintenance, Repair, and Rehabilitation (MRR) ,4ctivity Selection Criteria.. The objective of this-step is to establish a table of realistic MRR activities that can be applied to the various pavement family classes based on the amount and type of distress present in the pavement section. To do this, EREs wii1 use the following procedure: 1. Prepare a preliminary list of MKR activities that can be applied to the different pavement family classes based on input from the City and ERES's experience. 2. Submit this list to the City for review. 3. Schedule a customization meeting with the City to establish the matr~.--Du~ing~thiS-meefing, fi, aethning;..,,.,~_ artd ..... final MRR decision . ~,,~, anu c ~p a~t ~U0~-ffeTff iSlr ~pply~ ~ certain activity to the various pavement family classes will be establishedi 4. Integrate the MRR decision matrix into the PAVEMENTview Plus so~,vare. Step 3: Customization Meeting: EKES will conduct a 1-day customization meeting with the City staffto customize the engineering analysis models in the PAVEMENTview Plus pavement management software so that they accurately reflect the performance of the City's road network and incorporate the City's maintenance and rehabilitation Practices and anticipated funding levels. At this meeting, EKES will gather the City's input for finalizing the models. Step 4: Establish Budget Scenarios and Work-Priorities.. During the customization process, ERES will def'me the different budgeting scenarios and priorities that the City wants to USe in the analyses. This information will be gathered during the customization meeting and through follow-up interviews and contacts with City'personnel and will include, as a minimum, considerations of short-term, existing budget constraints and long-term, least cost, and life cycle cost-budgets. Task 6. De~elop the VFork Plan EKES will prepare a complete work plan, including the timing of projects and staff allocations} using the simulation capabilities of PAVEMENTView Plus. This software package will allow the City to generate several different budgeting .scenarios that effectively' illustrate: '* The adverse effect delayed rehabilitation would have on'pavement condition · The benefits'of applying a pavement repair strategy in a timely manner.' To accomplish this, PAVEMENTview Plus will select a single activity from a list of feasible alternatives to maintain or repair a given pavement section. PAVEMENTview Plus usos a benefit/cost analysis to evaluate not only the additional pavement life anticipated by the application of an activity, but also the change in condition provided by that activity. The result is a benefit/cost ratio that can be used to rank activities based on their overall cost-effectiveness to the City. To accommodate realistic funding scenarios and exceptions to standard funding procedures, PAVEMENTview Plus also allows the selections to be overridden (or filtered) in cases where pol!tical or managerial factors prohibit the selection of the most cost-effective activity, or where projects were already"'in the pipeline" prior to implementing the program. The feasible altematives for each segment are evaluated on an automated life cycle benefit/cost analysis and then ranked in order from the most beneficial to the least beneficial, based on the pavement segment's priority among other pavement segments and actual dollars available.' Based on user input, budget estimates, and the prioritization scheme, the projects are ranked fi.om the highest benefit/cost ratio to the lowest for each of the years in the budget analysis. The initial work plan will be prepared for the City of Denton under the assure ti budgets for each of the bud,,et cat .... :~ ~__. ~ . p on of unlimited identify the optimum time to repair each segment, regardless, of its level of importance, its size, or ~ ~'-~, tmam[enance, repmr, reconstruction). This plan will where it is situated relative to other segments that may or may not have been triggered for repair. The results from this analysis will provide interesting insight into where each pavement segment currently lies in the deterioration curve; however, it is not realistic from an operational or budgetary viewpoint. · A."no available funding" scenario will also be developed to illustrate how the City's 'roadway network will deteriorate if not properly maintained. Additional repair programs will be generated using a range of more realistic annual budget levels to determine the funding required to maintain the network at its current OCI or any specific OCi desired by the City. The additional scenarios will· also take into account projects that have already been committed by the City during the analysis period. Task 7. Generate ttte Final Report A summary report will be delivered at the completion of the project.· The report will document the data collection processes and results, as well as the customization of the software that was performed. Appendixes will also be included that contain pavement management system- generated reports showing information on inventory, pavement condition, performance models, maintenance .and rehabilitation decision criteria, budget scenarios, unit pricing, pavement life expectancy, and the work plan. As part of the documentation, a comprehensive user's guide for PAVEMENTview Plus will be provided to the City to compliment the software's on-line help system. 2B. OPTIONAL SERVICES ' Task 8. Rename Image Files to Denton's Unique Segment ID' ERES/CGH will write a utility program to convert our standard image file names to file names associated, to D. enton's unique section ID. The precise format of this file naming convention will be determined ffDenton se. leers this o.ptl0n. ERES/CGH wall ..run this utility to rename all the image files to the file naming conventmn agreed upon. The dehverable will be the renamed image files and an SQL database containing the image file names and their corresponding GPS coordinates. Task 9. Create a GIS Zayer to Show the Location of Each Image by Image TyPe ERES/CGH will use the GPS coordinates for each image to create'a GIS map layer showing the location of the image files in relation to the City ofDenton's GIS map. A GIS layer will be created for each type of image (pavement, ROW & sign) with each image represented by a point on the layer. Any points that do not appear in the appropriate location on the GIS layer will be corrected on the GIS layer to 'the appropriate location. ERES/CGH will also programmatically correct the GPS coordinates assigned to each of the images with anomalies. We anticipate approximately 10% of the points will need corrected. The deliverable for this option will be GIS shape files containing the corrected point layers, and a database file containing, the image file names and the corresponding GPS coordinates. Task 10. Sign Inventory and Condition Assessment ERES/CGH will perform a Sign Inventory and Condition Assessment using the ROW and sign images and GPS data collected during our Asset Management Data Collection Survey. ERES/CGH will identify the type of sign, its GPS coordinates, and up to five attributes for each sign. The five attributes include 1 measurable attribute and 4 attributes selectable from short pick lists of approximately 5 or 6 items each. E1LES/CGH will deliver a SQL Server datab c--°ntainingth~QPS~co_or~h~ate~s,_siga~pe~andthefiv_eatt~ ~ 2' . . ase ERES/CGH wilI provide a GIS ,-o;-* ~ ...... L_ · ~.ums~r?ac~_ .stgm. -!aaddition~- }, ~L aay~ ~llOWlng tile loca~loI1 o:~ the si s ova' ' ofDenton GIS map . gn laid on the City Task 11. Pavement MarMng Inventory & Condition Assessment ERES/CGH will perform a Pavement Marking rnventory and Condition Assessment using the ROW Images and GPS data collected during our Asset Management Data Colleetion Survey. ERES/CGH will identify the type of pavement marking (i,e. centerline, edge line, lane separator line, pavement delineators, stop bars, cross-walks (begin & end), sehooI crossings, railroad crossings, and legends), their corresponding GPS coordinates, and up to six attributes. The six attributes wii1 be ones selectabIe from short pick lists of up to 6 items each. ERES/CGH will deliver a SQL Server database containing the type of Pavement marking, the corresponding GPS coordinates, and the six attributes. In addition, ERES/CGH will provide a GIS layer showing the location of the pavement markings overlaid on the City of Denton GIS map. 2C. COST ESTIMATE The breakdown of labor hours, total costs, and unit costs per mile by task for BaSic and Optional Services is shown in Table 1. Description PM ata Coil vn and Data Customize PMS Sofb~vare Wor~-~'Van Image Files GIS for Images Assess ng Inventory / Assess Labor Total Hours Task Cost ($) 128 24 8 64 7 7 I5 7 Unit Cost Per Mile ($) 28.56 I42 55.4~ 267. I0. 6.21 10.62 7.99 22.9' 114.~ 2D, sCHEDULE The ERES team can begin work on the project within one week of receiving notice to proceed, and we will complete the project within a 6-month time frame. Figure 1 provides the proposed schedule for each task. 2E. QUALITY ASSURANCE ERES's Project Manager, Dr. Paul Foxworthy, Will be responsible for the overall quality management of this project. He will coordinate with various team.members to ensure that high quality standards are. maintained. To ensure technical quality, the Task Leaders and the Quality Assurance Manager, Mr. Harold Von Quintus, wilI review the technical components of the project. In comPliance with our ' corporate "Two-Person Rule," these professionals will scrutinize the project team's work efforts to ensure that accurate and consistent methodologies are used. The Project Mmager, Task Leaders, and Quality AssUrance Manager are experienced pavement management practitioners who will critically evaluate findings and recommendations for technical' soundness, practicality, and ease of application. Dr. Foxworthy wilI Work very closely with the project team's Task Leaders to ensure that the project schedule is maintained and that project deadlines are met. In addition, Dr. Foxworthy will monitor the project's progress, tasks, and milestones. CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSHIILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (ltg"Agmmm~) andlxope~ (¢ao'~saF) ~owhich~ General Conditions are ,,~ehed) - enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional vnI! p~rform all Serwecs as an independent contractor to the prevailing professional standal~ consistent with the level ofea~aadddll c~inan~ exexcised by members of the same profe~ian cummtly pmc~cmg m the same locality under sir~[ar conditiohs, incluclin~ reasonabl~, infortmxl judgmvnts and prompt 6mely U n uest of the . . ~ .'~'*~'~omrYas-~s~:on~st~t~/~ktheA~n~of. Ca~. . · . appm or the pexforman~ _fth~ Servsc. es wl~chmay ye aa~ss~ astl~l:~oject .... . y ~',amc ana approvea vy me Owner shall no~ ex,,~-~ for ..... ~-' ........ ,-,~ ~ . ~vu~..~m~u. cnover ue Project an-lnstments to this schedule shall be mumaliy acceptable to both part/es. TM ~'~ ~'~nmu~v wu~, oe exceeaan tS' r. ne b'es~gn Professional or Owner, a~d any ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those without limitation normal structural, civil, m~chanical and electrical engineering services and descnlxxin Sec6ans2.2~nmghZ6 of~seGcneml Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the AgreemenL 2.2 SCHEMATIC DESIGN PHASE 2.2.1 Thc Design Professional, in consultation with the Owner, shall develop a wntten program for the Project to asce~ain Owne/s needs and to establish the requirements for the Project. 2.2,2 .The Design Professional shall provide a preliminary evaluation of the Owner's program, consWac~oscheduteand ~badget ~ eachin terms of the other, subject tO the limitations set forth in Subsection $.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, Schematic Design Documents consisting of drawings and other docu~nants illustrating the sc~e and rehfioesbip m~Pmject ~ The Sctm*m~Designd~atl contemplate compliance with ali applicable laws, statutes, ordinances, codes aud regulations. 2.2.5 The Design Professional shah submit to the Owner a preIir~nary ' ' · ' which indicates the cost of each category of work involved in constructing the Project and sstablJshes anelapsed6me f~ctor for thel~iod of time f~om th commencement to the completion of construction. 2~ DESIGN DEVELOPMENT PHASE Based on thc ~pproved Schematic Design Documents and any adjustments anfl~otized by ~ Owner in the program, sehed~ crccl~uc~mbu~et, Professional shaIl prepare for approval by the Owner, DesignDeveiopment Documents con~slingofdmwiu ando~rdocum ' ' - · . . gs ems to fix anc~ describe th~ si~e and character of the Project as to architectural, structural, mechamcal and elec~cal systems, mater, s and such other ek~m~mmaybeappmlxi~ which~mll cc~aply with all appllca~ble laws, statutes, ordinances, codes and regulations. Notwithstanding Ownffs appmwt of the documents, Design Professional rv~Pt~.'sents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the'Project. 2.3.2 The Design Prnfcssioual shaII advise the Owner of any adjustrnm~toil~pmtimimrycs~r~of~~a~~ ~md~c~.bed in Section 2.2.5. ' .... 2.4 CONST C ON Decal.TS a2~l~lo~B_~e~d..o,n~e,.,__~.?~ro~ed ~Desi.gn D~eve. lopmen, t D, o.c.uments and any further adjUStraents in the see e or ' of the Pro ,,~u.~,y m~ ~awncr, me taemgn rroressionat s~l 'oren, r~. ,e ......... ,u..a._,',. ....... ~ quality ~ject o~m~hecoes~.uc~ion forth m detai! reqmrements for the construction of th ; * -,g;-g -~-~ · · , ,t~u~. c°m~mg'~andSpccificafiom~t~ing · ~ Projec.. ..... ~,all comply w~th alt apphcable laws, statotos, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in ' Conditions of the contract, and the form the prepara~on of ~ necessary bidding or procurem~ informaiion, bidding or ptocun~.ent of Agreement between the Owner and contractor. 2.4.3 The D~gn Professional shall advise the Own~ ofany adjusw~nts to prewous preliminary estimates of Cons~ction Cast imlicated by ~ in or'general market condi~ons. 2.4.4 The Design Professional shall assist the Owner in connection authorities having jurisdiction over the Project. with ~he Ovals re~ora~'tity for ~ing docume~ m:luked fur ~ ~0pn:neal of~ermnm~ 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.I The Design Professional, foIIowing the Owner's approval of the ConstmctionDco. mm~ mdoflt~ h~PmIirr~dciail~esl~m~c~cnCcst, shall assist fl~ Owner in procunng a constmcti?n conlra~ for the Pro~ct through any procurement meth~ that is legally applicable to the Project including without Page ! of 1 C:\W IND 0 WS~TEMP \G'E'bEER.4~I ,doc Revised 5-30-02 I/m/ration, the corr~etkive s~a~ed b/dd/ng process, the sole discret/on of the Owner. · ' ' ' ' · Although the Owner vn]l cor~der the edv/ce of the Design Pmfess/ona~, th~ award of/be construction con~ract /s /n · -~t~ or uae Project submitted by the Dasi . ,~,~uc-ao? cast orthe Project ss $e~ leah in li~ . mc tot .. Y to ,~,~,~ us moauy me - · hal, ........ ~ost aha ease w/ · - a~ construction cost set fo . . _ ...... quanhtY or quahty of thc work so flint rth m the appguwd Detailed ~$atement of Prohab]e Constructlon~o~tsta~. construct/on cos~ of the Pm,/ect w1I] not exceed 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRAC~ 2.6.1 The Design Professional's responsibility to provide Basic . · - . y ....... ~cu anmlnlstration °ftheC°nlra~tforCeasaucfi~aaaaetfc~thbe~ow. Fordesignpmfe~eaa~~ Standard Specifications for publicp a_~ons: untes?th.erw~se provided in ff~e . tmcti._~_ ctmentas oftheda~ oft~Agmem~ssmav · . Works Construction Agreem~t. For [he · · · . __be gn ssmnal. ~ not be maricted, mod/f~ or exa~:d wiSx~ 2.~.4 The Design Prot:~s.ion~l shai1 be a mpmsenlativo of and sha/~ ~.~...__ ~-~ ..... . . t/me to time during the correction, or warranty period described in tho Contract for .... er t~) uurmg constmctiea, and (2) at the Owner% dL,~"lion From Owner only to the ext~nt prey/tied in the Agreement and these General Cons~aefic~. TbeD~i~nlh~e~/omlshallhave~t~ act onlat~lfoflt~ Cond/tions, unless otherwise mod/fled by written instrument. 2.6.5 The Design Professional shall observe the conaruction sim at least one lime a week, while construction is in pm and construct/on is not in progress to become familiar with the m r gr~s, as indicatin thatthe ' P g easand ' oflbe reasonablyn · g work when completed will be: ........ quality workcornplemi andto An,,.~a~a,a. ........ ecessary while each on-site visit. On the basis ~,~-,,,,=a~. ~c~gni'm · shalh,~W of on-s:te observations the D~ign Professional shall keep the Owner informed of the progt~ andquaI~ofen~wak, exercise the Degree of Care and diligence in discover/nd and promptly rePortingt~ ii.~Ownerany observakbdet~eis ordeficknciesin subcontractors. The Design Professional represents that he witI follow Degree of Cam in per~ all lheworkof~c~any promptly Correct any defective dasi~.s or s----: ......... . . iarming Services mttxih~ · . payment for all or any part of the Design Professional's Owneds r/ghts hereunder. · ' · -*,~,-,wmn-s approval, accelim~uscolor' Sorv:cas hereunder or 0fthe Pm.~ctii:sdf~allinnoway aller th~ Dedgnpmfessiom.vs obligatiom crthe Z,6.6 The Design Profi~,sional shall not have conlro! over or charge of and shall not ' ' ' procedures, or for safety precautions and program~ in connection with tl~ work. be responsible for e-~nstruction means, methods, techniqtm, S~lum~or failure to carry out the work in accordance with the Contract Documents The Design Professioiml'skall not be reslxn~'ble for the Conlract~s schedMes or sions. The Design Profassional shall not have control except/nsofa-as such ~may result fmmDesign other persons performing portions of the work over or charge of acts or omissieas of~e Cea~..t0r, ~ orfft~rage~crlm~p~ cl. ofany 2,6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6,g Except as may otherwise be provided in the Contract Documents shall corcanunicate through the Design Professional. or when d~rect e°mmunicatieasha~bemspec~atatx~z~ h'~Owr~and~ Commumcations by and math the Dea:gn ProfessiouaI~s consultants shall 1~ ~'ongh the D~ign Professional 2.6.9 Based on the Design PtofessionaI's observalions at tim site shall review and certify the amounts due the Contractor. of the work and evahlatieas of the Ceatracinr's Applications for Payment, 2.6.10 · . . . . · The DeslgnTrTfcsslonal,scerlafi. cat,on forpaymentshali constltt~a~aaffleOwna.,basedeatheDesign~ob~errati~matthedteas pr~vided~nS~bsecti~n2.6.5and~nth~datac~mp~singtheContrastor'sApp~ica~onf~rPaymont~thatthew~rkhas re qaahty of .tho Work :s in. accordance wi. th the C..o. ntract Documents. The foreg0ingr~t~sentsli~me · . p gressed to the point indieal~d and fl'atthe rectable p.nor to completion and to specific qualifications expressed b the D~o,, ~ .... subJ~aa .mm~devhlieasfamlheC. nnlract p~.g..11 The Design Professional shall have the responsibility and author/tytomjec~workwhichdoesnotconfnmaatheCamact roressional considers it necessary or advisable for im~lementatiun of the intent of the Contract Do ~ ~ Whemv~gn addit/onal inspection or testing of the work in accord:~co -: ...... ~ cmtetas, - ' have ' aa ' completed. However neither this'anthori-.ofthe~ · ~.wli. n m.e provisions of the <ontract~ DesignProfmictlal~ aulh~y, m:ltare to a duty or reanaonsibili~,,~¢,~ r, .... ~y~o . .L~gl~norad~fioanla~l' ~..: ....... '---7~'whetherorlleggl~l:lWorkglfa{ari~. erfor ' -5. ¥ ~'"'~'~r~gnl'mress~onaJtotheConlre~tor Su ~'.l~. ?am e~mer ~o exercise or not ~is~ . p hung portmns of the work. . , beontractom, material and equitiest .... Samples for the p .ur. pose o.f. (l) de..t~_'mng co.mpl~,nce vath applicable Iow% stetutes, ordiuanc~ and codes; and 2.6.12 The Design Professional shall m.~¢w and .a?rove .or tek~ .other appropriate action upon Contrac~'s submittals such as fi;hop DrawM~tMxt~Dalaand delay in the work or in the construction of the Owner or of separate contractors, while altowing~i~ein~Desiga~~~t to Rev/ew ofsuch submillals is not oondae~d f~r the ptapos~ of a and quantities or for substant/at/ng instructions for installat/on or Performance ore u/ ment o .... ~mmng m~ acc~acy and compI~ do~ detefls suah as d/tmmsknts . . r -~ a.~m.u ny me Dasi Profe ' . ~,~,rxus~s~o~as m~iemshall ..... approval of a specific lt~Tl 8h~l not indies.re ,wnrtrov,/~ ;l~g~j. S~Sl, Ona~l, o, f. .COnstruction means, mcthrch ~,.~;._ ~m_~__t com//tttte .a?proval ofsagetYpmcant/ous Page 2 of 2 -~-- ...... mm ProresSlonal ~ono~e~maar~~ C:\WINDOWS,TEMP \GENERAL i .doc Revised 5-30-02 of rrm~als. ~ys~ems or equi.pm~nt i~ ~ ~ ~c C~t mater,s, systems or eqmpment wffl meet ~0 Peffo~ance enters reqmred by t~ Con~t Doc~ents. 2.6.I3 The Design Professio~ sh~I prep~ Ch~ge Orders ~d'~n · e Design ~f~sion~ ~ m~ ' · ~6~ .... . . . P &dm Sub~ctmns 3.1.1 ~d 3 3 ~~~~ of ~e Contact Documents ~ ~j~c~c i~le~n ~f°f~e O~er' ~e D~ Pmf'°~ s~l ~ ' ~o~ · q d by ~e O~er shah issue C~rffi . ~ ~ d~ ~ ~ of Su~ ~m n~ ~m~ bY ~e Con~ct for Cons~cfion to ~ msembl~ b ~e~n · ..... qmrements of ~he Gont~et Doe~en~ Y ~tor ~d ~1 ~ue a ~ ~fi~ . ~ ...................... 2.6.16 lnt¢~rem~o~ ~d decisions 0f~ Design Professio~ sh~l vy ~o~ Owner ~d Con~r ..a .x_,, .... '~ 2.6.17 ~e Design ' Profe~m~ ~1 ~d~ ~ ~i~s ~n Cont~tor relating to the ex~cu~on or pmg~ss of ae work ~ provided in ~o Con,act D~uments. 6 I8 The Desl~ ~rofess?~l (1) sh~l render s~c~ ~der ~e A~e~~~~ . ca,ed by ae def~uve desl~ ae ~sign Professmna r · n~g ~ O~er may ~ve ~. ,g ....... P . ~d~. ,.~ a~ement or almi~s~ " 2.6.19 ~e ~si~ Pmfossio~l s~l pro~d¢ ae Owner ae Cons~tion 3.i.I. ~e se~ces d~bed in ~ ~clo 3 ~ not includ~ in . If ~o 0~ in~ca~s in ~g ~t ~1 or p~ or,ch Con~~ ~~.~~ shall have no obligation ~ provide ~oso sedco. · . ~' ~ .o, required du~ ~ ~e negligence or fault ~;~::i;~l~:~r:~'.bio for co,creating 3.2 PRO~ ~P~SE~A~ON BEYO~ BASIC S~VICES 3.2.1 If more extensive repr~enatiou at ~e site t~ is descried in Subsec6on 2.6.5 R~pre~n~ves to ~sist in c~ag out such a~di~ona on-sim ~s~nsibiti6~. 3.2.2 Project R~senmtives ~iI be ~I~, e~loyed ~d a~eed by ~e Owner ~ D~gn Profession. 33 CO~G~ ~D~ION~ 33.1 ~ng m~ tensions in Drawings, S~ificaffom or o~er docmen~ when such revisions 1. inconsistent ~ith approvals or instructions prewo~ly ~v~ by pro~ or Project bud~t; 2. required by ~e enac~ent or ~vision of codes, laws or ~la~om s~s~uent to ~e Pr~fion of ~ch 3. ~ue to c~ges req~ ~ a r~ult of&e ~ets f~lu~ to render decision ~ a ~ely m~er. r s~c~ ~ui~d ~der S~se~6on 2.5.2. Pa ~r c~ m . 3.3.3 Pr~ Da~ngs Specifications ~d o~er &~mentaiion C°m~c~on Ch~ge Directive. 3.3.4 ~ng ~n~on ~n~g ~l~t of w~k ~g~ by ~ or 0~ ~ d~ ~fio~ ~d ~~ ~~~ · e ~pl~ement of such work. 3.3.5 ~d~ ~ ~ ~ by a¢ dePOt of~ ~, of either ~he Owner or Con,tot nnder ~e Con~t for Conz~ggon, Page 3 of C:~OW~ ~1~ Re, sM 5-30-02 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in conueotion W/th the work. 3.3.7 Providing services in connection with apublic hearing, arbitrafion proceeding or legal procecding except where theDosi Pro- ' a.a.g Providing services in addition to those r~luired by Azticle 2 for prepahng documents ti -' gn tessional is patty thereto. with bidding or construction prior to the completion of the Construction Documents Phase. or sequanfialbidsorlxov/cling~ M~ 3~3.9 Notwithstanding anything contained in the Agreement, p ml or th caused or neces~tated in whole or in part du~ to the ,,~l; ....... '___r?. ~n. ese_General Conditions to the contrary, ali servic¢o a · . . . ...... ,,,m~L u~ pcarrormea by the Design professional as a part ofthe 3.4 OPTIONAL ADDITIONAL SERVICES .... ~mn~anaer ~ic~guhseotion_~&x.9, ..... 3.4.1 Prey!ding financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites. ProjectP. rovzding special surveys, environmental studies and submissions required for approvals ofgovemmantal anthodl/esoro~ashavingjutisclic~tl~ 3.4.4 Providing services r~lativ~ to futttre facilities, systems and equipment. 3.4.S Providing services to investigate existing condition~ or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. · ' ' ' ' ' etio..n p.e?o.r.m~d by separa~econtraetoraarbytheOwnet~sown foceeq,,,a~-.~---c-- -~,__ . · t p. trppnea t~y me owner. '~'~mawncesmtua~fiaoamea/mwi 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and main~nanee costs. 3.4.10 Making investigations, inventories ofmaterials or equipment, or valuations'and detailed appraisals of existing £aoilitics. ming personnel for operation and maintenance and eonsul~atioa during operation. 3.4.13 Providing interior design and similar aervice~ requir~ for or m connection w~th the ~lecfie~,tamurement~~~~ equipment. 3.4.14 Providing $or~4ces other than as provided in Section 2.6.4, afar i.qsm to the period of' the ContraCt for Constraction. Own~ of the final Certificate for Paym~t and expiration of the Warranty 3.4,I5 Providing services of consultants for other than Basic Services. architectural, ~ stmctmal, mechanical and electrical'~g/nm/ng m offlz P~ect provid:d as apm of 3.4.16 Providing any other servioea not otherwise included m this Agn~ement or not ~mtomarily furnished in accordance with ganemlIyaec~a~d~ practice. · 3.4,17 Preparing a set ofrCProducibie record drawings in addition to those rCqu/red by SubsecUon stmct~on based on marked-up prints, drawings and other dat~ ~.*~:~*~ ....... ' 2.5.19, showings/gn/f~.~n~.**~~ ...... ....... ~ ny me t~ontractor to the Design Professional. ~ ~ 3.4.1S Notwithstanding anything contained in the Agreement Pro osal or · cart, ed or n~x~si~ed in whole or in · ' P these Gemal Condi~em . . ~ v,amg or concurrent nogtigonce of the Owner s ~ ,^~ u-:, .,-_ ,~,u .t~y~n~ me compemaflon due the Desi Pro ' .- · hal ......... m mo Design Profeso:~ ........ . gn . fr..~onal for tl~ Basiu Sea, ieee. The o .... ~ ¢ ooagauons under th~s Subsection 3.4.18. ARTICLE 4 OWNER,S RESPONSIBILITIES 4.1 The Ownershall consult · . . ' constraints and w~th the Design Professional 'mganling reqmmmema for the Project, including (1) the Own~s criteria, in eluding spae~ requiremmts and relationships, fle0fibility, e~q~a~lability, ~ ~ systems and site requimmex~ as mom fleetly described in Snbseetion 2.2.1. 4,2 The . ' Owner shall egrabhsh and update an overall budget for the P mje~ including the Construction Co.% the Ownees o0~r co~ and rmmmble related to all of these costs. 4.3 If requested by the D~xgn Profess: hal, the Owner shall furnish evidence that financial ~ hav~ be~ made to Agreement. 0 C:\WINDOWSTEMP \GENERALI.doc Page 4 of 4 Revised 5-30-02 Tho Owner shall designate a l~resental/ve authorized to act on the Owner's behalf wi~h respect to the Project. render decisions in a timely manner pertaining to docranents submitted by Tt~ Owner or such authoxized representative shall progress of the Design Professional's services, the Design Professsonal maxi:rtoavoid~ ddayinflx;crdedyandmqumgal 4 5 Where ap. phcable th, e .Owner shall furnish surv?s desert, brag phy. s~cal char~legall/ni~ioman/u/litylomtia~forthesit~ofltael~ject, ar~lawdt~n legal description of tho site The surveys and legal mforrna~on shall Include, as applicable, gm&sandlimsofstm~alL~pav~aentsandadjoiningpmtnt~and struc~ares; adjacent drainage; fights-of, way, restrictions. · dimensions and necessary data pertaining to existing easements, encroachments, zomng, deed restrictions, bo~mdadcs and contours of the site; locat/ons, buildings, other improvements and trees; and/nformation concerning ~ava/lab~ u/~Jty setvi~ andlin~both public and private, above and below grade, including inverts and depths. Ali the information o~ the survey shall be referenced to a project beneIamaltc 4.6 Where applicable, the OwnershaI1 fi~sh ' ' ' · · . include but are not limited to test borings, the serwces of geotechnicaI engineers when such ser~nces axe requ~ by/he Des/ga~ S~hservic~ may test pits, det~nJnations of soil bearing values, percolation te~evaklal/~~matexhls,~~andm. ........ sistivi~_tY.~s_ts~, !ncluding necessary operations for antioipat'ing sub-soil conditions, with reports and appropriate professional recommendations. Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4,7 When not a part of the Additional Services, the Owner sl~l furnish structural, mechanical, ca%raScal, air and water polhtioa test~ tests ofha~rdous materials and other Iaboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all · ' - Owner may require to ~erify th~egat' accounhng and Insurance com~elhg sa-v/ecs as may be v,~ssmy at any//roe for lira Project, incbadin~g anditing services tbe behalf of the Owner.. Contr~cter's Applications for Payment °r~°asc~tshhoworf~'wl~pmpoaeslfleConlractorhasusedlt~n~meypa/dbyctca 4.9 Th~ serv/ces, information, sUrVeys and reports required by Owner under Sections 4.5 through 4.8 shall M furnished at the Owner's expo~a~/,,eEh//n Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design~ 4.10 The Owner shall give prompt written notice to the Design Profe~onal if~be Ownerbeamesawamofanyfau~tc~ck~x:tin~hel:~ect or~wi~h the Contract Documents. 4.11 Design Professional shall propose language for certificates or eertlficaaons to be requested of the Des/ga~ orDesign~'scctm//m~and ~ submk such to tl~ Owner fo~ revie~v and approval at least ~ (14) days prior to executic~. The Owner agrees not to request eet~caticos that w°ald r~b&e knowledge et services beyond the scope of the Agreement.· ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1' The Construction Cost shall be thc total cost or estimal~lcest tO the Ownerofall eleman~s of the Project designsdor specffledby tls DesigaProfessicoaL 5.1.2 The Construction Cost shall include the cost at curnmtma&etra~oflaborandmaanials~by~Ovnterandequ~d~~~ot specially pr.ovided for by the Design Professional, plus a reasonable allowance for the Con/factor's ov~thead and pn~ In ~ areascoahle~trcon. tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Pr°fessicmiand Des/ga ~'s comul/an/s,.~he corn oftheland, dgh/r, of. way, financing 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 Ownes~s Proje¢~ budget, preliminary ~timates Professional r~prese~t the Design Profasaional's l~st judgment as of ConsWaction Cnst and detailed estimates of Con~-~ic~ Cos~by/aeDes/ga a design professional fi~iliar with the construction indm~.-Iris mco/n/z~ ~, ~at nsi/~ the Design Professional nor the Owner has control over the ' · - cost of labor, materials or eqmpment, over the ConWac~~g~crover competitive bidding or market conditions. Accordingly, the Design Pmfessiona~ cannot and doee not warrmtcrml:~Sent~b~crco~tlxopcmlswillnctva~y from the Owner's Project budget or from any estimate of Construct/on Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 ' · · such No fixed lmm of Construction Cost shall be establisl~l as a cond/fion of the Agreement by the furnishing, protx~ ctestahllahrr~c/'aProjectb, xi~unless fixed lim/t has been agreed upon in writing and signed by the parties there,. If such afixed l/mithas bemes~abE~,ed, u~e DesigaPro/~sicoal shallhepermited to include contingencies for design, bidding and price escalation, to determine what mater/als, equipmer/t. ~~ and typesafams/n~fion aw robe included in the Contract Documents, to make reasonable ad~mtment~ in the scope of/he Project and to include in the Contract Docrme~ alema~ bids ~o adjust/e Construction Cost to the fixed limit. Fixed 1/mits, if any shall be increasedin/hcamourtofanimmmoin~eGon/mctSmnocor6ngsi~r~of~eCtr/mct for Construction. o~ mc ~ons~ruction Documcn e Ownar anti /-h~* a~..-_', ,"'7~.' ~ ~.,~a~ ~w] o[prlee~ Ul Rle consITtlcfion ~ betweeil the' ' tS to th ............... u,~ on wmcn proposals are.sought. /fy date ofsnbmiss~ ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design ProfessioraJ for this Project are instrummts of the DesignPmfesskm~ serviceanda'~ become the property of the Owner upon termination or completion of the Agreement. The Design documents are intended only be appIicable to this Project, and Owner's use of such docume ' Prefessional/sen~il/edtore~ahcq/es ofall suchdao, mm~ Such ~Ow~uer~ nses ~an-y °fthe inf°rmafi°n °r materiaJ~ d~eloped ........ tothe ....... ri.ts m other projects shall be at Own~s sok~dskand m-rw~ rroressional is released from an .... .~., ,~_ ...... g~o.~.., t,.gr'-~anen~m snorer project or for otherp thanare ' din -~'~ - ~'~ ;~ ........ om relann ro urpeees spccifie theAgreemcot, theEksign cy g meir use in that project Page 5 of :5 C:\WiNDOWSTEMP \GENERALi.doc Rcvie~d 5-30-02 Subm/s~en or disl~'mltien of documents to meet official regulatory Wltumments o~ for s~rmlar porposes m connection with the Project is not to be construed as publica//en · in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7,1 The Design Professional may tennin~ the Agr~ment upon not less than thirty days written notice should the Owner fail substantialIy lOlX~t~nin m:ordan~ with te,rms of. the Agr.eement thr?gi}nc fauit of~eDesign Prof~ional. Ow~rmaytermmats theAgre~ment oranyphasethereofwith or wiihomcanse . pnor written notice to the Design Professional. All work and labor b~lgp~orn~und~r hM ~,c.,~.~,,~.~..~ ~_: ....... ~ thirty 00) day~ notice. Befor~ the end oftbe thirty (30) day p~iied, Design Professional shall invoice the Owner for all work it satisfactorily perfom~pticr~o ~m:eipt ofsuchmlice. N~ · "~ ..... "~ ~a~lnana'aY upon veagn Professional's rex~ipt of such amount shall be due for lost or antieipatefl pmtlts. All plans, field surveys, and 0the~ data ~ial~d to thc Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owmr ~areasonably oiganizedibnn. ShoukI Owner Stay cenimct wi~h angwDesign ~ forcontir~ion of services on the Project, Design Professional shall coqE~rat '~n. rP_C~idin~_g~n, formation. 7.2 If the Project is suspended by the - . j .......................... · '~ ....... Owner for mor~ than 30 consecunve days, the l~ign Professional shall be corapema~ for services satisf-a~rily pefforn~ prior to notice ofstloh suspension. When the Project is resumed, the and resumption of the Design Professional's services. Design Professional's compensation shall be equitably adjnsted~o t:~ovide foroqamses ~inhbe~ '/.4 Failure of the Owner to make payments to the Desig~Proli~sianal fra-wrak ~,~..o~.,a.,M~_..~ in-'''- -- ' performance and canse for termination. . ~-.r o.~,~.~.,ru accom,~acew~thil~Agr~n~sl~b~consid~red~n~ 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days °freceiptofasiatanentthrservicesprope~aiXl~pf~am~heDesign Professional may, upon seven days writien notice to the Owner, suspend performance of services under the Agreement. 7,6 In the event oftermiuntion not the fault of the ' · · '. ' termination. De~gnP~ the Design Proial/oml shall be ~ for s:rvices plenty and safisfac/~ perfimnedptior to ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the ' ' ' · ·' ' mandatory and customary direct salaries ofth~ Design Pro feasionaI% pei'sonne! engaged on the Project and tho por~on of the cost of their contributions and benefits related ~re~o, such as employment ~xes and oilier statutory employee benef~ insum~ sick~ ~ vacations, pensions and similar contributions and benefits. . . . 8.2 REi1HBI_rRSABLE EXPENSES 8.2.1 Reimbursable Expenses are ' ' ' · in addition to compensation for Basic and Additional Services and include expenses incurred by/he De~-gn~aacl Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses, 8.2.1.1 Expense of transportation in ennncction with the Pr°jec/;expen~inconnec~with~ott.of. tc~itave~~~ and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reprudnction of the sets of documents referenced in Subsection 2.6.19),P°S~ard handling~ Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring h/ghcr than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. · 8,2.1.5' Expense of computer-aided design and drafting equipment time when used in Connection With the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to serv/cespalxn~ wi~esChl/meofse~k~ ~h~ basis set forth in Section 2 of the Agreement and the schedule of·work, and to e ten*, that the time initially ~. v~c~ reimerea outing me additional period of time shall be eom-ut~a: ..... ~ ~., ,aa~_ n° ~uttor~ueDes/ga. Pi~ssimal, cempea~m foranv ~ ,,,, ,a u~ maimer set rorm in ~ection 2 of the Agreement. nt based on (1) the lowest bona fide bid or rnx: ......... ?,v~ are p.erwrmeo en u'x~o posen% in aeco~hnce with the schedule set ~,~ ~- ~,~'~ '~--~-' h portions of the Project. · p nary ~imate of Construction Cost or detailed 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4,1 Payments on account of the Design Profeasional,s Additional Services and for Reimbucsable Expenses shallbe made monthly within30daysa~l, hSe presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. Page 6 of 6 C:~WINDOWSI'EMP \GENERALI.doc Revised ~-30-02 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional'S comlxmsati~on~~,~dat~orcderstmas,,V~llxfld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PRoFEssIONAL,S ACCOUNTING RECORDS Design Professional shall make available to Own~orOv~_iffsauthofizedrepreaentat/ve~of P,-ehnbursable Expenses and expcnses per~ining to Additional Services and servicss performed on the basis ora multiple of Direct Persormel Expense for ins~and copying during later, regnIar business hours for three years afar the date of the final Certificate of Payment, or until any lit~gat/on related to the Ptojeet is final, whichever date is 9.1 The Design Professional shall indenmify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, ..... ~, ~-,,~,~ ,vx ~ y ano perso · a .,~,,,,~u uy ~= tcwner, an~ mCluamg, without shareholders, agents, or employees in the performance of the Agreement. cers~- 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any Claim, cause of action, or litigation filed by anyone not aparty to the Agreement, including the defeme ofgovemmentalimmunity, which defenses are hereby expressly reserved. .ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following inamtmewithan insurance company licensed or authorized to do ' ' Rate Carriers of at least an A- or above: business m the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best 10.~1 .C~..mprehens~ve Gene .r~l. L. mb, hty Insuranc~ ,~th bodily injury linutz of not less tlum $1,000,000 for each occurrence an - ano w~m property damage limits of not leas than $i00.000 for each eccurrence and not less than $250,000 in the ag~rne~)t7 than $2,000,000 rathe aggregate, 10.2 AutomObile Liability Insurance with bodily injury limits of not le~s ~ $500,000 for each person and not less than $500,000 for each accident, and with prop~ty damage limits of not less than $100,000 for each accident. 10..3 Wo.rker's. Compensa!ion...h~ce in accordance with statutory requirements and Em I ....... .' accident including occupauonal thsense. , p oyers Lmbthty Insurance wth lirmts of not less than $100,000 for each 10,4 Professional Liability ~nsurance with'limits of not less than $ t,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance ce~ificates or insmanco policies ~0 the Owner evidencing insurance m comphance with this Article 10 at the time of the execution of the Agreement. The General Liability and ...... · . · . . . . . AutomobiIe Lmbihty msursnce pehcles shall name the Owner as an addific/mI insured, the Wofl~' Cm~ifi~s~.~l~oPut°li .~h(330~°~',n~i.~Vruiv~.~ nsuo~b~o~g~t.tian~n m favor.o._f th? O~wne~r, and each poli.cy sha/! COntain a provision that such i · . ~o v uace ~o ~rwner aha Des] ~'ro~t~ ' . . ~ shall not be canceiedor ............. .ng th~ reqmrements of this Artiete 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.2 The Owner and Design Professional, respecfiveiy; bind ' the partners, successors, assigns and legal representatives themsdves' fl~drpafmem' sueee~°rs' assigns and legaI eepmsentafivesto the otherpartytu ff~is~andt° of such other pan'y wilh respect ~o ail covenants of ~s Agreement The Design Professional shall not assign its interests ia the Agreement without the written eongant of the Owner. ' 11,3 The term Agreement as used herein inelug~os the executed ' ' ' .. - Agreement which . Agreement, the Proposal, these Gemm~ Conditions and other attachments referme~in gecl/on 3 of the together represent the entire and integrated agreemmt betwesntbe Owner andDssign~onsl and supersedes allpfiornego~isfio~ mpmsentmiom~r agreements, either written or 0ral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When intexpmting the Agreement the executed Agreement, Propos al, those General Condifi oas and the other attachments referenced in Section 3 of the Agreement shall to ~ extent that is reasonably pe~ible be read so as ~o harmon/se the provisions. I-I~weve~, should the pmvisiora of ~ documents be in e.~o/liet, so that they can not be reasonably harmonized, such documents shall be given priority in tho following order: .. 1. The executed AgrenmentI 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing centained in the Agreement shall create a contractual relationship with or a cause of action in favor ora third party against either fl~e Owner or Design Professional. 11,$ Upon receipt of Prior written approval of Owner, the Design Professional sha~l have the ri ht to include · of the exterior and mterinr, among the Design Profe~sionaPs nromotional aaa ............ .g .... ~of~e desi~oftheProject, confidential .... .~ ~ v,~,~,ona~ matena~s~ 'lac xaes~gn Professional's materials shall not include or proprietary information ffthe Owner has prevmnsly advised the Design Professional in writing of the specific informatitm c~a64o~d_ by~e Ownertobe ce~i- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the cons~uct~nsignandinthelXOm~6o~matefia/sforthePr~ect. Page 7 of 7 C:\WINDOW~TEMp \GENERALi.doc Revised 5-30,02 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibiliw and liabilP,, of subcontractors, and subconsultants for the accuracy and competency oftlmir designs or other work; nor shall -, ~ ,~,~ ~.~ r~u~r~onm, mrs employees, associates, agents. responsibility by the Owner for any defect in the design or other work prepared by the Design such approval bc deemed to be au assumptior~ of such ' Pmfessiunak its employees, subcontr~tors, agents, and ~tants, 11.7 .All notices, communications, and reports required ~ permitted under the ^ ............... ' · · .-~:~walrat ~mai oe persona,y oeliverecl or mailed to the same m the United States ma~l to the address shown below signatur~ bIock on the A~=,~,en....ag.~ ~.. ....... ,r,r~ective parties by depositing All notices shall be deemed effective upon receipt by the party to whom sgch 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 junsdietiun to be invalid or unenforceable, it shall be considered severable from the remainder o£ the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace ~ueh stricken provision with a valid and enforceabIe provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional eahall comply with all federal, state, and local Iaws, rules, r~gnlations, and ordinamms applicable to the work. covered hereund~ as t~eY may now rend or hereinafter be amended during the term of this Agreement. 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 ancestry, 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 t~rms or conditions of the Agreement. Page 8 of'g C:\WINDOW~TEMP\GENERALi.doc Revised 5-30-02 AGENDA INFORMATION SHEET AGENDA DATE: June 3, 2003 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance authorizing the city manager to sign the first amendmem to the comract for professional legal services between the city of DeNon and Karger, Key, Barnes and Lynn, LLP, to provide legal services with respect to appeal of hearing examiner's decision and related questions; ratifying prior actions; and providing an effective date. BACKGROUND: We have had a comract with Bettye Lynn for many years to help with civil service matters and other employment questions from time to time. The current contract is for two years and for a sum not to exceed $24,999.00 and expires in March of 2004. This amendment is to increase the amount of the contract. The increase is necessary due to the expense of having to handle a hearing examiner's appeal taken by firefighter Ken Gold. She is also handling the appeal of the hearing examiner's decision and these actions have brought the fees owed Bettye to the currem limit. The increased amoum will be based upon an estimate of the cost of handling the current appeal and other matters through the end of the current contract. OPTIONS 1. The City Council may adopt the ordinance. 2. The City Council may decline to adopt an ordinance on this issue. FISCAL IMPACT The current budget would not be impacted as most of these costs are taken from litigation account. RECCOMENDATION Staff recommends approval. Respectfully submitted: Herbert L. Prouty City Attorney J:\June 3, 2003\Backup\Karger Key Barnes & Lynn, LLPkAgenda Info Sheet-Amendment to Karger, Key, Barnes & Lynn.doc S:\Our Documents\Contracts\02~karger key barnes & springer.doc CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS COUNTY OF DENTON § This AGREEMENT, made and entered into this the __ day of , 2000, by and between Karger Key Barnes & Springer, LLP, 300 West Third, Suite 1700, Fort Worth, Texas 76102, hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITNESSETH WHEREAS, City finds it necessary to employ outside legal counsel to render advice on various personnel matters as consulted by the City Attorney and Director of Human Resources; and WHEREAS, Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, City desires to engage Consultant to render the professional services in connection therewith, and Consultant is willing to provide such services; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually AGREE as follows: 1. SCOPE OF SERVICES Consultant shall perform the following services in a professional manner working as an independent contractor not under the direct supervision and control of City: Services to be provided: A. City will, from time to time, on an ad hoc basis, consult with Consultant to obtain legal advice and related services, pertaining to issues within Consultant's expertise as a law firm specializing in labor and employment law. Such consultations may be initiated by City's City Manager, Director of Human Resources, Assistant Director of Human Resources, City Attorney, Assistant City Attorneys, or any combination of the above. Such consultations may be initiated by City by telephone, e-mail or in writing, and may include City's request for either quick, informal legal advice, or a formal, written legal opinion, outlining various options and their legality. City agrees to make every effort to make its intentions clear with respect to the scope of any such consultation, and Consultant agrees to ask for clarification in the event that the scope of any such consultation is unclear. S:\Our Documents\Contracts\02~karger key barnes & springer.doc Bo City, through its City Attorney, may also refer matters to Consultant which would require Consultant's direct representation of City, or one of its component departments or entities, in a contested hearing, arbitration, mediation, litigation, or related matter. Consultant may accept or decline such referrals upon examination of a factual synopsis of the issues and parties, consistent with Consultant's ethical or legal responsibilities. Certain of these matters may include situations in which Consultant will be called upon to represent a department or component entity of the City, separately and apart from the City Attorney's representation of the City, or vice versa (for example, to prevent arguable conflicts of interest, as in certain cases where the Civil Service Commission requires legal advice in a contested matter being prosecuted by the City Attorney). In such cases, Consultant and City's City Attorney shall jointly decide the most efficient representation of the City and its affected departments and component entities, paying due regard to ethical considerations. City may request Consultant's involvement in other contested employment law matters, including litigation, either as lead counsel, or as a consultant to the City Attorney or his assistants in cases where the City Attorney or his assistants serve as lead counsel. C. City may request Consultant's participation in such other employment law related issues as may be mutually agreeable to the parties. D. Nothing in this Agreement shall require City to refer any particular employment law related matter to Consultant, nor shall any term of this Agreement require Consultant to accept any given referral. It is expressly understood and agreed that referrals of the nature set forth above are not exclusive to Consultant, and that City may elect to handle such matters in- house without a referral, or to refer such matters to other consultants. mo Consultant shall perform all required professional services in a timely fashion, and shall complete same in compliance with schedules and guidelines established by the City Attorney in concurrence with Consultant, as appropriate to carry out the terms and conditions of this Agreement. 2. TERM This Agreement shall be for a term of two years, beginning effective March 1, 2002 and ending on February 28, 2004. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by City, through its City Attorney, or as the progress of this matter may require. 3. COMPENSATION AND METHOD OF PAYMENT A. Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: Bettye Springer Other Partners $200/hour $180/hour Contract For Professional Legal Services - Page 2 S:\Our Documents\Contracts\02~karger key barnes & springer.doc Attorney time will be billed at one-tenth (. 1) hour minimum billing increments. Bo Consultant will try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and law clerks. Consultant shall bill City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred. Co Consultant estimates and the City agree that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed twenty-four thousand nine hundred and ninety-nine dollars ($24,999), and Consultant agrees to notify the City and seek a modification of the agreement should the total fees exceed such amount. D. City shall either pay directly or reimburse Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, overnight courier, on-line research, and travel. All copies will be charged at the rate of ten cents ($.10) per copy for copies and faxes within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the city to reduce costs if bulk copying is necessary. mo The parties anticipate invoices or statements for services will be generated on a monthly basis. City shall make payment to Consultant within 30 days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, conditions, and limitations hereinabove set forth. All invoices and bills shall be approved for payment by the City Attorney. F. It is understood that Consultant shall work with the coordination and general supervision of the City Attorney or the Litigation Attorney. G. All notices, billing statements and invoices shall be made in writing and may be given by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Herbert L. Prouty, City Attorney, 215 E. McKinney, Denton, Texas 76201. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. 4. PROFESSIONAL COMPETENCY A. Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care Contract For Professional Legal Services - Page 3 S:\Our Documents\Contracts\02~karger key barnes & springer.doc presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be Bettye Springer. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. B. All legal opinions and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of City upon request and without restriction on their use or further compensation to Consultant. 5. ESTABLISHMENT AND MAINTENANCE OF RECORDS Full and accurate records shall be maintained by Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. 6. AUDITS AND INSPECTION At any time during normal business hours and upon reasonable notice to Consultant, there shall be made available to City all of Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 7. ACCOMPLISHMENT OF PROJECTS Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by City. 8. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP A. Consultant shall perform all services as an independent contractor not under the direct supervision and control of City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. City and Consultant agree to cooperate in the defense of any claims, actions, suits, or proceedings of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of Consultant or from any breach of Consultant's obligations under this Agreement. Nothing herein constitutes a waiver of any rights or remedies City may have to pursue under either law or equity, including, without limitation, a cause of action for specific Contract For Professional Legal Services - Page 4 S:\Our Documents\Contracts\02~karger key barnes & springer.doc performance or for damages, a loss to City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. Bo Consultant shall maintain and shall cause to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Best Rated Carriers, with a rating of "A-" or above, issued by an insurance carrier approved to do business in Texas by the Texas Department of Insurance. Such coverage shall cover any claim hereunder occasioned by Consultant's negligent professional act and/or error or omission, in an amount not less than one million dollars ($1,000,000.00) combined single limit coverage per occurrence. In the event of change or cancellation of the policy by the insurer, Consultant hereby covenants to forthwith advise City thereof; and in such event, Consultant shall, prior to the effective date of change or cancellation, serve substitute policies furnishing the same coverage. Consultant shall provide a copy of such policy or the declarations page of the policy, whichever is reasonably satisfactory, to City through its City Attorney, simultaneously with the execution of this Agreement. 9. TERMINATION OF AGREEMENT A. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City 30 days written notice that Consultant is no longer in a position to continue representing City. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of City upon termination of this Agreement. Bo This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be effected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than 30 calendar days to cure the failure; and [2] an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement. 10. ALTERNATE DISPUTE RESOLUTION Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code. Contract For Professional Legal Services - Page 5 S:\Our Documents\Contracts\02~karger key barnes & springer.doc 11. ENTIRE AGREEMENT This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by City and Consultam. 12. COMPLIANCE WITH LAWS Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. 13. GOVERNING LAW For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in DeNon County. 14. DISCRIMINATION PROHIBITED In performing the services required hereunder, Consultam shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 15. PERSONNEL A. Consultam represems that it has or will secure at its own expense all personnel required to perform all the services required under this Agreemem. Such personnel shall not be employees or have any comractual relations with City. Consultam shall inform City of any conflict of interest or potemial conflict of imerest that may arise during the term of this Agreemem, in accordance with Consultam's responsibilities under the Texas Disciplinary Rules of Professional Conduct. B. All services required hereunder will be performed by Consultam or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services. 16. ASSIGNABILITY Consultam shall not assign any imerest in this Agreemem and shall not transfer any imerest in this Agreement (whether by assignmem, novation, or otherwise) without the prior written consem of City thereto. Contract For Professional Legal Services - Page 6 S:\Our Documents\Contracts\02~karger key barnes & springer.doc 17. SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship," and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. 18. RESPONSIBILITIES FOR CLAIMS AND LIABILITY Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of City for any defect in any report or other documents prepared by Consultant, its employees, officers, agents and consultants. 19. MODIFICATION OF AGREEMENT No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the parties further agree that the provisions of this section will not be waived as herein set forth. 20. CAPTIONS The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. 21. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement through its duly authorized undersigned partner, dated this the __ day of ,2002. CITY OF DENTON BY: MICHAEL A. CONDUFF, CITY MANAGER Contract For Professional Legal Services - Page 7 S:\Our Documents\Contracts\02~karger key barnes & springer.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: KARGER KEY BARNES & SPRINGER, LLP BY: Contract For Professional Legal Services - Page 8 S:\Our Documcnts\Ordinancos\03\Kargor I st amendment, doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND KARGER KEY BARNES AND LYNN, LLP, TO PROVIDE LEGAL SERVICES WITH RESPECT TO APPEAL OF HEARING EXAMINER'S DECISION AND RELATED QUESTIONS; RATIFYING PRIOR ACTIONS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute the First Amendment to the Contract for Professional Legal Services, with Karger Key Barnes and Lynn, LLP, to assist the City Attorney's office in an appeal of hearing examiner's decision and to provide related legal services. SECTION 2. That the City Manager is authorized to make the expenditures set forth in the agreement. SECTION 3. That all previous actions of the City Attorney and his staff, the City Manager and his staff, and Karger Key Barnes and Lynn, LLP in taking actions and performing legal services with regard to this matter are hereby ratified and approved. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: THE STATE OF TEXAS § COUNTY OF DENTON FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES BETWEEN KARGER KEY BARNES & LYNN, LLP THIS FIRST AMENDMENT to that certain Agreemem for Professional Legal Services, heretofore emered imo by and between the City of DeNon, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, DeNon, Texas 76201 (hereafter referred to as "City"); and the law firm of Karger, Key, Barnes & Lynn, LLP, f/n/a Karger, Key, Barnes & Springer, LLP, 300 West Third, Suite 1700, Fort Worth, Texas 76102 (hereafter referred to as "Consultam"); effective through February 29, 2004, acting herein by and through their respective duly authorized signatories, (hereinafter referred to as "Agreemem"); and WITNESSETH NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually agree as follows: SECTION 1. That Article 3 "Compensation and Method of Paymem" is hereby amended by amending Subsection C to read as follows: Co Consultant estimates and the City agrees that the all charges to legal services hereunder including reasonable out-of-pocket expenses shall not exceed $49,999.00. Consultam agrees to notify the City and seek a modification to the Agreement should the total fees exceed such amount. SECTION 3. That save and except as amended hereby, all the remaining sections, terms and conditions of the Agreemem shall remain in full force and effect IN WITNESS HEREOF, the City of Demon, has caused the Agreemem to be executed in duplicate originals by its authorized City Manager, and Consultam's executed Agreemem to its duly authorized undersigned partner, dated this the day of ,2003. IN WITNESS WHEREOF, the City of Demon, Texas and the firm of Karger Key Barnes & Lynn, LLP have executed this First Amendmem To Agreemem For Professional Legal Services, in duplicate original coumerparts, by and through their respective duly authorized undersigned partner, on this the day of ,2003. Page 1 of 2 S:\Our Documcnts\Con/racLs\03\Kargcr Key BalTics & Lynn I st Amendment.doc By: ATTEST: JENNIFER WALTERS, CITY SECRETARY "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation Michael A. Conduff, City Manager By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: "CONSULTANT" KARGER KEY BARNES & LYNN, LLP ATTEST: By: By: Page 2 of 2 S:\Our Documcnts\Uon/racLs\03\Kargcr Key BalTics & Lynn I st Amcndmcm.doc AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 3, 2003 Materials Management Questions concerning this acquisition may be directed to Charles Atkinson 349-8199 Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance awarding a comract for the omsourcing of customer calls for connection, disconnection, or transfer of mility services as provided by Enhanced Omsource Solmions, Inc., as awarded by the State of Texas Building and Procuremem Commission through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 3031-Enhanced Omsource Solmions, Inc. in an amoum not to exceed $48,390). SERVICES AGREEMENT INFORMATION This Agreement provides for the City of Denton Utility Department to outsource its daily customer calls for connection, disconnection, or transfer of utility services. Traditionally each May through September, Utility Department customer service staff receives a large volume of calls as the university studem population changes residences. During this peak period, long hold times exist and abandoned calls increase. The proposal submitted by Enhanced Omsource Solmions, Inc. includes emering customer request information through an imerface call cemer software/solmion provided by the City of DeNon. The cost of this service will be $.60/minute of talk time for shared representatives. Enhanced Omsource Solutions, Inc. is a State of Texas Qualified Information Services vendor whose prices are guaranteed to be less than State of Texas catalogue pricing. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its May 19, 2003 meeting. RECOMMENDATION We recommend approval of this Agreemem with Enhanced Omsource Solmions, Inc. in the amoum of $48,390. PRINCIPAL PLACE OF BUSINESS Enhanced Omsource Solmions, Inc. Denton, TX Agenda Information Sheet June 3, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This service would begin immediately upon Council approval and would end in mid September 2003. FISCAL INFORMATION Funding for this item will be provided from account 630800.7879. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-File 3031 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE AWARDING A CONTRACT FOR THE OUTSOURCING OF CUSTOMER CALLS FOR CONNECTION, DiSCONNECTiON, OR TRANSFER OF UTILITY SERVICES AS PROVIDED BY ENHANCED OUTSOURCE SOLUTIONS, INC., AS AWARDED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICES VENDOR (QiSV) CATALOGUE PROGRAM; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3031-ENHANCED OUTSOURCE SOLUTIONS, iNC. IN AN AMOUNT NOT TO EXCEED $48,390). 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 Building and Procurement Commission 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 "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3031 Enhanced Outsource Solutions, inc. $48,390 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 Building and Procurement 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 Building and Procurement 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 ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2-ORD-File 3031 SERVICES AGREEMENT FOR CALL CENTER-UTILITIES CUSTOMER SERVICE THIS AGREEMENT is made and entered into as of the day of , 2003, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinncy Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Enhanced Outsource Solutions, Inc., with its office at 3923 Morse Street, Denton, Texas 76208, hereina/~er called "CONSULTANT," 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: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, the providing of call center telephone services for the processing of teIephone calls from City of Denton utility customers for connection and disconnection of utility services in accordance with OWNER's Requirements attached hereto and made a part hereof as Exhibit "A" ("Owner's Requirements") and the Statement of Work attached hereto and made a part hereof as Exhibit "B" (the "Statement of Work"). In the event of a conflict between this Agreement, the Owner's Requirements and the Statement of Work they will control in the following order: Agreement 2. Owner's Requirements 3. Statement of Work ARTICLE H SCOPE OF SERVICES The CONSULTANT shall perform ail services necessary to complete the Project in accordance with the Owner's Requirements and the Statement of Work in a professional manner. ARTICLE IH PERIOD OF SERVICE This Agreement shall beeome...effective upon execution of this Agroomont by the OWNER and the CONSULTANT and upon issuance of a notice to proceed by the OWNER, and shall remain in force through September 19, 2003, including additional services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE IV COMPENSATION COMPENSATION TERMS: CONSULTANT shall be compensated at the rate of $.60 per talk minute for shared representatives and at the rate of $20.00 per hour for dedicated representatives (the "Compensation'). Upon demand fi'om OWNER, CONSULTANT shall provide verification of the actual minutes and hours used prior to the OWNER making payments to CONSULTANT. OWNER reserves the right to withhold payment until it has had an opporttmity to audit the records of CONSULTANT to determine if the actual billing of services accurately reflects the actual minutes and hours used. CONSULTANT has a duty to keep full and complete records that adequately docment the time used. BILLING AND PAYMENT: For and in consideration of the services to be performed by the CONSULTANT, and subject to the terms and condition herein, the OWNER agrees to pay the Compensation to the CONSULTANT within 30 days of receiving a monthly statement, for services satisfactorily completed for tho previous month of services. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the Compensation, without first having obtained written authorization from the OWNER. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by Page 2 the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full ail amoma_..._ts _cig_e_. for. s.erviees, expenses, and.char-ges...However, nothing herein shall--require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE V INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE VI INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless tho 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 CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of tiffs Agreement. Nothing in this Agreement shall be construed to cream a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to tiffs Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE Vil INSURANCE During thc performancc of the services under th~s Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Page 3 Co Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $I00,000 for each accident.. .T__h__c__.C_O_N_._S__U~__T~ shall furnish ~~...certificates or insurance policies at the OWNEK's request to evidence such coverages. The insurance policies shall name the OWNEK as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE VHI TERMINA~ON OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may te~-J;:inate by giving thirty (30) days' advance written notice to the other party. This Agreement may be mated in whole or in part in the event of either party substantially falling to fulfill its obligations under this Agreement. No such teamination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to tei'J~:inate and setting forth the reasons specifying the non-performance, and not less than th/rty 00) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease ali services and shall render a final bill for services to the OWNER within thirty (30) days aider the date of termination. The OWNER shall pay CONSULTANT for all servicc~ properly rendered and satisfactorily performed prior to the date of termination, in accordance with Article IV "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed m be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. Page 4 ARTICLE X NOTICES All notices, communications, and reports required or permitted under-this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Enhanced Outsource Solutions Attention: President 3923 Morse Street, Suite 106 Denton, Texas 76208 City of Denton (Name and Title) 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE, XI ENTIRE AGREEMENT This Agreement, including the exhibits attached hereto, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XIH COMPLIANCE WiTH LAWS The CONSULTANT shall comply with all federal, state, and local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. Page 5 ARTICLE XIV DISCRIMINATION PROHIBITED Lq performJpg th_e_, f~go_s..~q~ire~i he.under, th e CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national orion or ancestry, age, or physical handicap. ARTICLE XV PERSONNEL Ac The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such sendces. ARTICLE XVI ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assi~ment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XVII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the pa~'ies hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXH lVlISCELLANEOUS CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the fight to examine any directly pertinent books, documents, papers, and reco~rds of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER Page 6 shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate wor/dn.g space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This Agreement is fully performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exelusivelyin Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, CONSULTANT shall commence, carry on, and complete the services provided for in this Agreement with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the services, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project and the set-rices provided for in this Agreement, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized tmdersigned officer on this the day of ....... 2003. CITY OF DENTON, TEXAS MICHAEL A.CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 7 AFPR.OVED AS; TO LEG,~OL FORM: HERBErt., ~ATTORNEY ,E/Y, WITNESS: BY Page 8 Exhibit A CALL CF_NTER OUTSOURCE REQUIREMENTS_ LrrlI.I~ CUSTOMER SERVICE Due.to Iaigh.eall volume during the montl~s of May-Augu~ Utilities Customer Sorviceds seek/ng a ~ vendor to. takofl~-move./n/move out m~es/s ~y phone following is a list of requirements: '~e' ' ' The vendm' mu~ h~ve ~ resources to p~onn the following p~ses: · Research customers by ~m=, drivers l/cense, so~ial s~carity number · Research address for outstand/ug balance or previous termi-ation of services for non-payment · Rcco_m~e the need for a lease agrc~nent · V~ify accou=t holder bo£ore conducting business · Explain security deposit require~ems, l~rs o£or~t, and co-sign~r information Thc vcador must maintain an average wait time not to exceed 60 seconds. The vendor will provide daily repo~g to include: · Number o£cai[s taken · Av~-age wdt time · Total taIk time · Type ofca~ls ~ Site visits by Utilities Customer Service conducted as necessary Utilities Customer Service may update procedures ava training a,s nocessary. For questions, please contact Therese Martinez at 940 349-8226 or Therese. Marth~@~itvo fdento .a. cor, Exhibit B Statement of Work F~' the_ Clty_of..Denlo. Utilities TNs SOW la valid ally If~e ~aternent of Wom ha. been aigne~ Enhanoed Ou~mume This SOW ~ of this signature page ancl the follo~dag ~ectlons~ Ex~:atlveSummery -- O0~ Of~ , Payfflent Terms end COndi~ons Paget ~2 Statement of Work For the City of Denton Utilltie~ Executive summ, The-'City'ofDenton I.~s Is seella~ng 8' I~,slonal firm to-0~urCe its daily customer calls for oonnectlon, di~onnec~lon or tranah~ of utility services. This 80W show~ how Enhanced Outsoume Sotutfons, Ina will provide outsourcing ~ that enable the City or Denton Utilities to eft~ently menage its call center resources, while meeting the needs of its customers and Increasing its customer satisfaction ratings. Our service de#very process is based on a Discovery - Development - De#very approach, which allows us to provide Denton w~th the best customer coMact solution. Each step will require a sign-off from the designated City of Denton Utilities oontact pemon. Enhanced Outsoume Solutions looks ronsard to paAnering with the Cit~ of De,On LrdliUes in providing utility customers with outstanding, communlty-lrocused customer sen~ice. Business Analy~ie TI~OSe peakS arise pUma~ily in May thm~h A~ a~ ~~rth~h ~n~. As ~ 8~ ~n ~ke ~ ~1 ~ v~e and ~ ~e C~ ~ ~ i~o~on n~ to ~Y ~ ~~ ~ ~Y ~, ~ info~ ~ ~ ~ in ~ ~ys. T~ ~ Enter customer request infonaation through an imerface. provided by the City of Denton. Enhanced In product testing to ensure optimal Out~urce 8oluflons will provkle we the C1~ of Denton for $.eO pertalk time minute. ~0.Oo per ~ AGENDA INFORMATION SHEET AGENDA DATE: June 3, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 5.00 acre tract or parcel of land in fee simple for Demon Municipal Airport expansion purposes, such title to be in the name of the City of Demon and said property being located in the John Scott Survey, Abstract Number 1222 in Demon County, Texas and being out of that certain tract or parcel of land in a deed from Larry Frank, Trustee to Ed Wolski, Trustee recorded in Volume 2886, Page 224 of the Real Property Records of Demon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for Denton Municipal Airport expansion purposes; and declaring an effective date. BACKGROUND Staff has been working for the past two years to idemify and evaluate acquisitions for the Demon Municipal Airport required Runway Protection Zone (RPZ), and the eventual northward extension of the runway by 1,500 feet. These four acquisition tracts total approximately 37 acres and are located primarily south of Jim Christal Road along either side of Masch Branch Road north of the Airport. On March 6, 2001 Staff addressed City Council in a closed session to discuss a land acquisition plan recommended by the Demon Airport Advisory Board and staff. Thereafter, staff proceeded with the recommended plan that would initiate land acquisition prior to Texas Department of Transportation, Aviation Division (TxDOT) and Federal Aviation Administration (FAA) formal approval of the proposed runway extension. This course of action was recommended so that the City could assure the requisite property be acquired before additional developmem of the surrounding area which would have a direct impact on the land values. At that time there was $220,000 in Certificate of Obligation Bonds from a January 2000 referendum available for the acquisitions. Staff, based on information provided by TxDOT, reported to Council and the Airport Board that once formal approval of the Runway Extension was provided, funds expended in the acquisition of the property could be used on an "in kind" basis as matching funds on the construction phase and design phase of the project. These funds would be leveraged at a 90:10 ratio, resulting in a total of $2.22 million in total project funding. Right-of-way staff was directed to begin surveying, environmemal, and appraisal analysis of the properties following TxDOT requiremems and procedures to insure reimbursement of the acquisition costs. Based on preliminary property value assessments in 2002, additional CIP funds were identified by airport staff bringing the total funds available for land acquisition up to $350,000. After final acquisition assessments were provided in March 2003, staff recognized a potential funding shortage for the acquisition of all identified parcels. Therefore, on May 20, 2003 the Airport Advisory Board unanimously approved a plan that would initiate the acquisition of two tracts of the land that was originally identified in 1999. These two tracts, 5.0 acres and 11.441 acres are under separate ownership. The appraisal on the 5.0 acres tract indicates a value of $116,000.00. Staff will prepare a formal offer to purchase the property for the appraised value and enter into negotiations with the owner for the acquisition. If the offer is not accepted, the City will pursue the acquisition via its authority under eminent domain. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE 2004 PRIOR ACTION/REVIEW Closed Session discussions March 6, 2001 FISCAL INFORMATION $350,000.00 total project funding is available, $220,000 in Certificate of Obligation Bonds and the remainder in CIP funds. ATTACHMENTS Location map Draft Ordinance Prepared By Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 5.00 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR DENTON MUNICIPAL AIRPORT EXPANSION PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE cITy OF DENTON AND SAID PROPERTY BEING LOCATED IN THE JOHN SCOTT SURVEY, ABSTRACT NUMBER 1222 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED FROM LARRY FRANK, TRUSTEE TO ED WOLSKI, TRUSTEE RECORDED IN VOLUME 2886, PAGE 224 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR DENTON MUNIC~AL AIRPORT EXPANSION PURPOSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the following: Fee simple title for Denton Municipal Airport expansion purposes, with such fee simple title vesting in the City of Denton that certain tract or parcel of land containing approximately 5.0 acres, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and .illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the Property is believed to be owned by Ed Wolski, Trustee and/or Craig P. Moore Trustee ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The finding and recitations contained in the preamble of this ordinance are incorporated herein by references, Public necessity exists and public welfare and convenience require the acquisition of fee simple title in and to the Property for Denton Municipal Airport expansion purposes. SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance.'. SECTION 3. The City Manager or .his designee is hereby authorized and directed to make an offer for the Property to the Owner in .an mount equal to fair market plus damages to the remainder of the Property, if any, as determined by an independent appraisal prepared at the direction of the City Manager, or his designee (the "Offer"). The City Council finds that the Offer represents just compensation due the Owner for the Property. SECTION 4. In the event the offer is not accepted by the Owner of the Property, the City Attorney or his designee is 'hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Property, with such fee simple title vesting in the City of Denton. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNWER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 EXHIBIT A TRACT C FIELD NOTES t:o all that certain tract of land situated in the John Scott Survey Abstract Number 1222 in the City and County of Denton Texas and being ali of the called 5.000 acre tract described in the deed from Larry Frank, Trustee to Ed Wolski, Trustee recorded in Volume 2886 Page 224 of the Real Property Records of Denton County, Texas os recognized and occupied on the 9round; the subject tract being more pert[cul~rly described es follows; BEGINNING for the Northwest corner of the trect be[n9 described herein ~t ~ capped iron rod se~ for the Northwes~ corner of said 5.000 acre trac~ on the East side of Masch Branch Road, near it's intersecUon with Jim Christal Road to the North; THENCE North 89 Degrees 58 Minutes 45 Seconds East with the North line of said tract along and near the South side of said Jim Christal Road part of the way a distance of 550.00 feet to a capped iron rod set for the Northeast corner of said 5.000 acres; THENCE South with the Eas~ line thereof a distance of 396.02 feet to a found 1/2" iron rod for the Southeast corner of said 5.000 acres; THENCE South 89 Degrees 58 Minutes 52 Seconds West with ~he South line of said 5.000 acres.a distance of 550.00 feet to a capped iron rod set for the Southwest corner of said tract on the East side of said Masch Branch Road; THENCE North with the West line of said tract along said 'Road a distance of 396.00 feet ~o the PLACE OF BEGINNING and enclosing 5.00 acres of land. FLOOD STATEMENT: I have examined the F,E.M.A. Flood Insurance Rate M~p for Denton County, Texas, Community Number ~80774, effective date 4-2~97 and that map indicates that part of this property is within "Non-Shaded Zone X" defined as "Areas outside 50~,-~e~r flood" and part of this proEerty is within ' "Shaded Zone AE" defined as ~ase flood elevations determined"as shown on Panel 355 E of said map. ALTA/ACSM LAND AND TITLE SURVEY To the City of Denton, Texas, and Ed Wolski, Trustee, and Virginia Fryman, and TexasTi~le Insurance Company: This is to certify that this mop or plot and survey on which i~ is based were made (1) in accordance with "Minimum S[ondord De~oi[ Requirements for ALTA/ACSM Land TiUe Surveys" joinUy established and odop~ed by ALTA and ACSM in 1992, and includes i~ems 1,2,3,¢,5,7(o), 7(b), 7(c), 8~9,10,11, and t3 of Table A thereof, and (2) pursuant ~o the Accuracy Standards (os adopted by ALTA and in'effec~ on this dote of this certification) of on insert Urban Survey. Note: BeQrings o[e besed on con[ro~ monuments found on the subject trect end Wolski ~rect. NOTE: Only the followin9 eesemen[s supplied ~o me heve been reviewed ~nd ere eddressed es follows: Volume 308 Pege 592 end Volume 888 P~9e 416 [o Texes Power end Light ~ffect by ingress-egress. P ge 2 of 2 I ~U~VEY, A~S~ACT~ 1222 ~ CITY OF DENTON, EXHIBIT B ~. SITE ,~.o' 4.~ -~; ..~ VICINITY ~A,:' 1 · ~ 8000' ~ · - 20.5' ~ House Detatl N.I.$. --..~ : ~ ~ a~2/535 I D~I Ro~ond Pitt : _ '~l~ X / ./""-...,,~~ : ~i ,~,¢: . ~ ' "., ~ ~ ~,~.~.,. .' '+~ ) . N", / ~---,5~ ~;r,./ ...... X"', ~ ~~:~"~: % ........ ~ ', KEH~TH ~. ZOtUNGE ~.t. u:~ ~ = 120 / 120 0 120 240 360 ~ page 1 of 2 C~U U~: ~ ~v': B~IN~ 5.00 ACR~ IN TH~ ~. ~COT? ~ DA~ : DATE m SURVEY, ABSTRACT~ 1222 CITY OF DffNTON, AGENDA INFORMATION SHEET AGENDA DATE: June 3, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 11.441 acre tract or parcel of land in fee simple for Demon Municipal Airport expansion purposes, such title to be in the name of the City of Demon and said property being located in the John Scott Survey, Abstract Number 1222 in Demon County, Texas and being out of that certain tract or parcel of land in a deed from G.C. Ledyard, Jr., Trustee to Ed Wolski, Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records of Demon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for Demon Municipal Airport expansion purposes; and declaring an effective date. BACKGROUND Staff has been working for the past two years to idemify and evaluate acquisitions for the Demon Municipal Airport required Runway Protection Zone (RPZ), and the eventual northward extension of the runway by 1,500 feet. These four acquisition tracts total approximately 37 acres and are located primarily south of Jim Christal Road along either side of Masch Branch Road north of the Airport. On March 6, 2001 Staff addressed City Council in a closed session to discuss a land acquisition plan recommended by the Demon Airport Advisory Board and staff. Thereafter, staff proceeded with the recommended plan that would initiate land acquisition prior to Texas Department of Transportation, Aviation Division (TxDOT) and Federal Aviation Administration (FAA) formal approval of the proposed runway extension. This course of action was recommended so that the City could assure the requisite property be acquired before additional developmem of the surrounding area which would have a direct impact on the land values. At that time there was $220,000 in Certificate of Obligation Bonds from a January 2000 referendum available for the acquisitions. Staff, based on information provided by TxDOT, reported to Council and the Airport Board that once formal approval of the Runway Extension was provided, funds expended in the acquisition of the property could be used on an "in kind" basis as matching funds on the construction phase and design phase of the project. These funds would be leveraged at a 90:10 ratio, resulting in a total of $2.22 million in total project funding. Right-of-way staff was directed to begin surveying, environmemal, and appraisal analysis of the properties following TxDOT requiremems and procedures to insure reimbursement of the acquisition costs. Based on preliminary property value assessments in 2002, additional CIP funds were identified by airport staff bringing the total funds available for land acquisition up to $350,000. After final acquisition assessments were provided in March 2003, staff recognized a potential funding shortage for the acquisition of all identified parcels. Therefore, on May 20, 2003 the Airport Advisory Board unanimously approved a plan that would initiate the acquisition of two tracts of the land that was originally identified in 1999. These two tracts, 5.0 acres and 11.441 acres are under separate ownership. The appraisal on the 11.441 acres indicates a value of $81,389.00. Staff will prepare a formal offer to purchase the property for the appraised value and enter into negotiations with the owner for the acquisition. If the offer is not accepted, the City will pursue the acquisition via its authority under eminent domain. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE 2004 PRIOR ACTION/REVIEW Closed Session discussions March 6, 2001 FISCAL INFORMATION $350,000.00 total project funding is available, $220,000 in Certificate of Obligation Bonds and the remainder in CIP funds. ATTACHMENTS Location map Draft Ordinance Prepared By Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ORDINANCE NO. CONSDER ADOPTION OF AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQuIREs THE TAKING AND ACQUIRING OF AN .APPROXIMATE 11.441 ACRE TRACT. OR PARCEL OF LAND IN FEE SIMPLE FOR DENTON MUNIC~AL AIRPORT EXPANSION PURPOSES, SUCH TITLE TO BE 1N THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE JOHN SCOTT SURVEY, ABSTRACT NUMBER 1222 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED FROM G.C. LEDYARD, JR., TRUSTEE TO ED WOLSKI, TRUSTEE AND VIRGINIA FRYMAN RECORDED IN VOLUME 2895 PAGE 470 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR DENTON MUNICIPAL AIRPORT EXPANSION PURPOSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the following: Fee simple title for Denton Municipal Airport expansion purposes, with such fee' simple title vesting in the City of Denton that certain tract or parcel of land containing approximately 11.441 acres, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the Property is believed to be owned by Ed Wolski, Trustee and Virginia Fryman ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The finding and recitations contained in the preamble of this ordinance are incorporated herein by references, Public necessity exists and public welfare and convenience require the acquisition of fee simple title in and to the Property for Denton Municipal Airport expansion purposes. SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance. SECTION 3. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner in an amount equal to fair market plus damages to the remainder of the Property, if any, as determined by an independent appraisal prepared at the direction of the City Manager, or his designee (the "Offer'). The City Council finds that the Offer represents just compensation due the Owner for the Property. SECTION 4. In the event the offer is not accepted by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Property, with such fee simple title vesting in the City of Denton. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is .authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of L, 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR Page 2 EXHIBIT TRACT B FIELD NOTES to ell that certain tract of tand situated in the d. Scott Survey, Abstroct Number 1222 in the City and County of Denton Texcs and being a part of the called 125.6898 acre tract described in the deed from G.C. Ledyard, Jr., Trustee +,o Ed Wolski, Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING for the Northwest corner of the tract being described herein at a P.K. nail set for the most Northerly Northwest corner of said 125.6896 acre tract in Jim Chr~stel Roed [n the ~ppQren[ Nor[h line of sQ[d Survey Qt the NorlheQst corner of o cQIled 5.000 ecre troc[ III described in the deed ~o Ed Wolsk~, Trustee recorded in Volume 2886 PQge 224 sQid Reel Properly Records; THENCE North 89 Degrees 58 Minutes 45 Seconds Eest wilh seid North line in sQid Rood ~ dis~Qnce of 207.40 feet ~oe P.K. nQil set for the Northees[ corner of the 'herein described trect; THENCE South 08 Degrees 37 Minutes 50 Seconds West ~ distQnce of 1089.00 feel ~o Q cepped iron rod sol for ~he Southeesl corner of the herein described trect, in [he Nor[h line of Q cQJled 16.17~ Qcre Ci[y of Denton trQc~ described ~n the in~lrument filed under Clerk's File Number 9~R0071011 Reel Property Records; THENCE North 89 Degrees 52 Minutes 36 Seconds West with [he North line of said 16.174 acres o distance of 578.22 feet to a copped iron rod set on the'East line of Mosch Branch Rood; THENCE North O0 Degrees 02 Minutes 12 Seconds East along the East ~ine of said Rood o distance of 679.15 feet to a capped iron rod set for the Northwest corner of the herein described tract and in the South line of said 5.00 acre tract; THENCE North 89 Degrees 58 Minutes 52 Seconds East with the South line thereof a distance of 533.80 feet to o found ~" iron rod for the Southeast corner of said 5.000 acres; THENCE North with the East line thereof a distance of 596.02 feet to the PLACE OF BEGINNING and enclosing 1L~41 acres of land. NOTE: Onty the following easements supplied to me hove been reviewed and ore addressed os follows: Volume 308 Page 592; Volume 888 Page ~18 to Texas'Power and Light affect by ingress egress. No[e: bearings based on control monuments found on the subject tract and Wolski tract. FLOOD STATEMENT: ~ have examined the F.E.M.A. Flood Insurance Rate Map for Denton County, Texas, Community Number 48077¢, effective date 4-2-97 and that map indicates that part of this property is within "Non-Shaded Zone X" defined os "Areas outside 500-year flood" and port of this property is within "Shaded Zone AE" defined os "Bose flood elevations determined"as shown on Panel 355 E of said map. ALTA/ACSM LAND TITLE SURVEY To the City of Denton, Texas, and Ed Wolsk~, Trustee, and Virginia Fryman, and Texas Title ~nsuronce Company: This is to certify that this mop or plot and survey on which it based were mode (I) in occordonce with "Minimum S[ondord Detail Requirements for ALTA/ACSM Land Title Surveys" jo nUy established end adopted by ALTA end ACSM n 1992, ~nd includes items 1,2,5,4,5,7(o), 7(b), 7(c), 8,9.t0,1!~ end 13 of T~ble A thereof, ~nd (2) pursuant to ~he Accuracy St~nderds (os edopted by ALTA ond in effect on t~is d~te of th~s certification) of ~n i.nsert Urban Survey. KENNETh. ZO~INGE~ R.P.L.S. No 53~2 Dole -- ~ ~.o. ~ox ~7 (a~)~-a~a ~ Xe~e~ A. ~o~e,. City OF DENTON, ~ D~?OM COUNty, 400' 0 400' 800' 1200' r~~£ 1" = 400' LEGEND /~L';~G~E~k'~/~ ~ ~_~ ~ R Z ~ "~ U o . ' ~ ~ . L~ I e°' ...:~ ......... ;.,. ~: ~.,~ ..... ~ ' j ~ ~ , ~" . / ~~%~,~ ~ ..... ~-"-~:~ I ~o~~ I!tl I - / I ',~ .,~;~~ I!1~ ..'~ I,-.:~..~ Os' ~ ~ ~ ':1!~1 X ~ '~ ~ Ih' ' ~' ~ ~-~' i · .-. A.P.O. 2895 470 ,J ill '- ' , .~~ill ' ', ~ / ~ ' ., o ~ ~.' ./~ ~ / ~ / i.~ ~.~ /I~ / .- / ~-.s' i t t"' . / ," i ,, ,. / , /' '~ ' ~Page 1 of 2 " ~ "'~' .o~ ~ .... [[ . DENTON COUNT]', ~NXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 3, 2003 Fiscal Operations, Tax Department Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund for the following property tax: Name Reason Tax Amount Year BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. This account falls under Chapter 31.11. FISCAL INFORMATION The total tax overpayment revenue fund would be reduced by $919.09. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 3, 2003 Electric Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City Council of the City of Demon, Texas authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-D, regarding additional professional services relating to the Denton Municipal Electric Retail Rate Design Study; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND In order to perform a rate design analysis, several key steps must be performed. The first step is to assign the costs of performing each electric utility function (power supply, transmission, distribution, metering, etc.)to each customer class for an actual 12-month period, referred to as a "test year". The second step is to determine the billing units over which to spread those costs for each customer class for the same test year. Billing units are such things as the facilities charge, demand charge and kWh charge, in developing the billing units, one of the most critical steps is performing a proof of revenues for the test year. A proof of revenues is taking the actual billing units taken from the test year data, applying those billing units against published rate tariffs, and determining if that process produces the actual revenue billed for each customer class in the test year. Once that work is done, it is possible to develop alternative rate design scenarios for consideration by policy makers as they select the final rates to be implemented. Once the rate design decisions have been made, a final analysis is made to assure that the rate design selected will provide sufficient revenues to cover costs. In addition, tariffs must be updated to reflect the new rates. DME has been working with existing data bases for some time to develop test year data that is of sufficiem quality to allow an accurate rate design study to be performed, initial review of the FY 2002 test year data that is now available indicates that it will be adequate for completing a rate design study. The attached Task Order 03D describes the work that will be done. The work that needs to be performed is fairly extensive, in addition, the proposed Task Order includes both a 1 billing system account review to assure the Harris system calculation of all existing rate tariffs is correct and development of tools that will allow DME staff to monitor the performance of the Harris system electric rate calculations once a new rate design is implemented. OPTIONS 1. Authorize the performance of' a professional services agreement with R.J. Covington Consulting for a new rate design study in an amount not to exceed $75,600. 2. Continue use of`the existing rates. RECOMMENDATIONS DME recommends authorization of` a new rate design study. ESTIMATED SCHEDULE OF PROJECT Six to eight weeks for development of' initial rate design recommendations. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Public Utility Board voted to approve the contract at its May 19, 2003 meeting by a vote of' 7to 0. FISCAL INFORMATION Proposed Rate Design Study not to exceed $75,600. EXHIBITS 1. Ordinance 2. Contract 3. Task Order 3-D 4. Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING SERVICES RELATING TO TASK ORDER NO. 03-D, REGARDING ADDITIONAL PROFESSIONAL SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC RETAIl, RATE DESIGN STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting services to the City relating to Task Order No. 03-D, including, without limitation, services that relate to working with City staff, to develop rates to collect Denton Municipal Electric's revenue requirement based upon an adjusted fiscal year 2002 test year; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington has represented DME continuously over the past seven years, and has proven to be a valuable, affordable, competent, dependable professional resource that has expertise in and is well acquainted with the electric financial and regulatory framework of Denton Municipal Electric ("DME"). Covington and his staff are familiar with the characteristics and operations of DME; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 03-D, to Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference as Exhibit "A." EXHIBIT 1 SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\03LR J Covington Consulting LLC-DME-Ord Aprv TO-3-D 2003.do¢ 2 STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into as of the __ day of June, 2003, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COViNGTON CONSULTiNG, LLC, A Texas Limited Liability Corporation, with its principal office at 13276 Research Blvd., Suite 201, Austin, Texas 78750, hereafter "COVINGTON"; acting herein by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and COVINGTON do hereby AGREE as follows: EMPLOYMENT OF CONSULTANT The CITY hereby contracts with COViNGTON, as an independent contractor, and COVINGTON hereby agrees to perform the services herein in connection with the Scope of Services as stated in the Articles to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. ARTICI.F, it SCOPE OF SERVICES A. COVINGTON shall provide to the CITY professional consulting services pertaining to the preparation of a retail rate study for Denton Municipal Electric. COVINGTON agrees to perform those services and tasks more particularly described in Task Order No. 03-D attached hereto and incorporated herewith by reference. B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and all aspects of the services to be performed pursuant to this Agreement. AtLTICZE_UI PERIOD OF SERVICE This Agreement shall become effective upon execution by both the CITY and COVINGTON. The termination date of this Agreement shall be upon the earliest to occur of the following events: completion of the work described herein and in the attached Task Order No. 03-D; or upon the depletion and exhaustion of the $78,600 not to exceed amount provided for herein; or upon fifteen (15) day's written notice to terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its Director of Electric Utilities. ART¥CI,F, IV COMPENSATION COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense, ovemight courier, photocopy expense, transportation, travel, communications, subsistence and lodging away from hmne and similar incidental expenses reasonably incurred in connection with that assignment. BILLING AND PAYMENT: 1. For and in consideration of the professional services to be performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct non-labor expense, not to exceed $78,600 for those services described in Task Order No. 03- D. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments. 3. Payments to COVINOTON will be made by the CITY on the basis of detailed monthly statements rendered to the CITY through its Director of Electric Utilities. The fee bills as submitted, shall be allowed and approved by the Director of Electric Utilities. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities, or which is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to COVINGTON when COVINGTON is in default under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. Page 2 C. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses within forty (40) days at~er receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (1%) per month fi:om the said forty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work of COViNGTON is unsatisfactory, in accordance with this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such defect. ARTICI,E V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly 'reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants performed hereunder. ARTICI .E Vl OWNERSHIP OF DOCUMENTS All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. COVINGTON shaI1 have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COViNGTON; provided that prior written approval is obtained from CITY, whose approval shall not be unreasonably withheld, and providing that copywriting will not restrict CITY'S fight to retain or make copies of the Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set forth in this Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products to a third party without COVINGTON'S prior written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be liable for any claims or damages resulting from or connected with the release or any third party's use of the Work Products. ~RTICI,F. VII INDEPENDENT CONTRACTOR COVINGTON shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any right arising from emPloyee status. Page 3 EXHIBIT 2 ARTICI,E VIII INDEMNITY AGREEMENT COVINGTON shall inderrmify and save and hold harmless 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's fees incurred by the CITY, and including without limitation, damages for bodily and personal injury, death and property damage, and damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to thc amount of COVINGTON'S insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICI,R IX INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an "A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits of not less than $100,000 for each accident. Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of the change or cancellation, deliver substitute policies furnishing the same coverage to the CITY. Page ARTICI.E X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. LIMITATION OF LIABILITY To the extent permitted by law, the total liability of COVINGTON to CITY for any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed one million dollars ($1,000,000). ARTIO, I ,E XII CONSEQUENTIAL DAMAGES In no event and under no circumstances shall COVINGTON be liable to CITY for any interest, loss of anticipated revenues, earriings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ARTIC][.E XIII p~OFESSIONAI, STANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. ARTICLE XIV TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice of termination to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given: (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall immediately cease all services and shall render a final bill for services to Page s the CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, COVINGTON shall cooperate in providing information. COVINGTON shall mm over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and competency of their designs or other work product. ARTICLE XVI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be sent to the parties at the following addresses: To COVINGTON: To CITY: R.J. Covington Consulting, LLC A~: Richard J. Covington 13276 Research Blvd., Suite 201 Austin, Texas 78750 City of Denton, Texas Attn: Michael A. Conduff, City Manager 215 East McKinney Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days after the date of mailing. /~R TIC[,E XVII ENTIRE AGREEMENT This Agreement consisting of nine (9) pages, and three (3) additional pages consisting of Task Order No. 03-D, constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereo£ ARTICLE XVIIt Page 6 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 and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICI iF, XI~X COMPLIANCE WITH LAWS COVINGTON ordinances applicable amended. shall comply with all federal, state, local laws, rules, regulations, and to the work covered hereunder as they may now read or hereinafter be ARTICJ ,E XX DISCRIMINATION PROHIBITED In performing the services required hereunder, COVINGTON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTIC¥,F, XX[ PERSONNEL COVINGTON represents that he has secured, or will secure at his own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by COVINGTON or under his supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XXIi ASSIGNABILITY COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. Page 7 AR TIC[.F, XXIII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in wTiting, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICI.E XXIV MISCELLANEOUS COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of COVINGTON involving transactions relating to this Agreement. COVINGTON agrees that the CITY shall have access during normal working hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. The CITY shall give COVINGTON reasonable advance notice of any intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. COVINGTON shall commence, carry on, and complete the work required by this engagement with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof, tn accomplishing the work, COVINGTON shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. Do The CITY shall assist COVINGTON by placing at COV1NGTON's disposal all available information pertinent to the work required by this engagement, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform services under this Agreement. Uo The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four original counterparts, by its duly authorized City Manager; and R.J. Covington Consulting, LLC has executed this Agreement by its duly authorized officer on this the __ day of June, 2003. Page 8 "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "COVINGTON" R.J. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation ATTEST: By: Richard J. CovinT,~ S:\Our Documents\Contracts\03hod Covington Consulting LLC-PSA-TO 03-D-2003-DME.doc Page 9 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. 03-D Denton Municipal Electric Retail Rate Study This Attachment is a Task Order contemplated by and appended to the Professional Services Agreement entered into by and between the City of Denton, Texas and R.J. Covington Consulting, L.L.C. on even date herewith, and approved by the Denton City Council. The work provided for in this Task Order 03-D is for R.J. Covington Consulting, LLC ("RJC"), to work with the City staff in order to develop rates, to collect Denton Municipal Electric's ("DME") revenue requirement based on an adjusted fiscal year 2002 test year. The rate design effort will include discussions with staff regarding rate and tariff concerns, developing proposed rates based on desired changes and quantifying impacts on customers for consideration by DME staff. This Task Order provides for the following work to be performed by RJC: 1. Complete a detailed review of customer billing data to identify and, with the assistance of City staff, resolve billing anomalies. 2. Develop bill frequencies for each of the customer classes based on the billing determinants, as adjusted based on the customer account review. Analyze DME's fiscal year 2002 revenue requirement based on operating expenses for FY's 2001, 2002, and Budget 2003 and considering customer growth patterns, and weather. 4. Develop customer class revenue responsibilities based on the allocation of revenues used to set current rates. Based on DME management's rate design objectives, PUC will develop rates to meet these objectives and the assigned revenue responsibility for each customer class. 1 Of 4 6. Tariff sheets will be modified as appropriate to reflect final rate design changes. 7. RJC will discuss with staff methods to assess monthly billing data, and provide spreadsheet templates to use as a billing audit tool and a mechanism to enable timely rate design review in the future. Scope of Services Task A Billing System Account Review Analysis 1. For each customer class, create test revenue calculations based on tariff language against actual revenue for each account and each month of FY 2002. Identify for each class possible billing anomalies based on test revenue calculations, e.g. GSS block extender issue, minimum bill not applied, or multiple facilities charges assessed on one account. For each anomaly, reach consensus on appropriate billing calculations and determine resulting customer classification (e.g. single or three-phase), billing days, KW, and KWH. 4. For each customer class, recompute revenue based on resolution of billing anomalies. Task B Bill Frequency Development Convert corrected billing data for each month of FY 2002 to monthly and annual bill frequencies for each customer class with specificity required to compute and vary facilities charges, demand charges, and energy charges. Create formulas within frequency tables to allow modifications in factors such as GSS block extenders, KWH block sizes, seasonal rates and minimum bill specifications. Task C Class Revenue Assignments 1. Develop adjusted FY 2002 revenue requirements based on FY 2001 and 2002 actual results and 2003 Budget. 2 of 4 2. Perform assessment of possible impact of customer growth (customer count and KWH) by class. 3. Consider the effect of weather on billing determinants and expenses on the revenue requirements by customer class. 4. Determine need to make adjustments to relative revenue contributions of each customer class under current rates from the 1998 study to take into account customer growth and weather variations, if material, by class. 5. Based on relative revenue contributions from the 1998 study, as adjusted if required, develop FY 2002 revenue requirements for each customer classes. Task D Rate Design 1. For each customer class, develop proposed rates for meeting designated class revenue targets using the current rate design. Construct bill impact analyses of present versus proposed rates based on changes in revenue requirement and billing determinants. 2. For each customer class, identify class rate design features that may be varied, including minimum bill structure, proration of facilities, energy or demand charges, block sizes, block extenders, seasonal rates, and rate schedule consolidation (such as RI and R2). 3. Develop spreadsheets by class to enable modeling of identified rate design variations to meet designated revenue targets. 4. Develop bill impact analyses for alternative rate designs considered. 5. For each rate schedule, develop Excel spreadsheet templates for monthly data entry to enable timely bill accuracy checks and rate design assessments. 6. After rate level and rate design changes determined, develop new tariff language for each customer class. Budeet The not-to-exceed amount for the above scope of services for both labor and out-of- pocket expenses is $78,600. This budget will not be exceeded without prior written approval of the City of Denton. RJC will bill monthly with supporting documentation of activities performed. The termination date of this Task Order shall be on the earliest to occur of the following events: the date of completion of the work described herein; or 3 of 4 upon the depletion and exhaustion of the $78,600 not to exceed amount provided for herein; or upon fifteen (15) days written notice to terminate, issued by the Director of Electric Utilities, DME. The work being performed under this Task Order will be under the supervision of the Director of Electric Utilities, DME and may be modified at any time upon appropriate written notice to RJC. EXECUTED in four (4) original counterparts by a duly authorized officer of RJC and by a duly authorized officer of the City of Denton, Texas on this the __ day of June, 2003. AUTHORIZED BY: ACCEPTED BY: CITY OF DENTON, TEXAS R. J. COVINGTON CONSULTING, LLC By: By: Michael A. Conduff City Manager Dated: Dated: Richard J. Cff, V~ngton ~/ President ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Contmcts\03LRJC TO 03-D 2003-DME Electric Rate Design.doc 4 of 4 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES January 6, 2003 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, January 6, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Charldean Newell, George Hopkins, Don White, Dick Norton and Dick Smith EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Bill Cheek UNEXCUSED: Jim Wilson ITEMS FOR INDIVIDUAL CONSIDERATION: 6) Consider approval of the Professional Services Agreement between the City of Denton and R.J. Covington Consulting, LLC., Austin, Texas (Task Orders 03-A and 03-B). Sharon Mays, Electric Utility Director, presented this item. Mays reported that it has been the practice of Denton Municipal Utilities, over the last seven years, to maintain a service contract with R. J. Covington for analytical and strategic planning support. Mays reported to the Board that Task Order 3B would support a feasibility study conducted by Covington Consulting examining the possibility of joining with other small entities in ERCOT to combine purchasing power in an effort to gain bargaining leverage. Board Member George Hopkins moved to approve the Professional Services Agreement between the City of Denton and R.J. Covington, LLC., Austin, Texas (Task Orders 03A and 03-B, with a second from Norton. The motion was approved by a vote of 5-0. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 3, 2003 Planning & Development Jon Fortune, Assistant City Manager SUBJECT - SI03-0005: (Downtown Master Plan) Hold a public hearing and consider adoption of an ordinance approving the Dowmown Master Plan. The Planning and Zoning Commission forwarded the plan and a report to City Council (5- 0). (SI03-0005, Dowmown Master Plan) BACKGROUND Applicant: Planning and Development Dept. Denton, Texas 76201 The imem of the Dowmown Master Plan is to guide the physical and economic developmem for the dowmown and to provide a standard against which individual developmem and redevelopmem proposals can be measured. This blueprim for redevelopmem of the dowmown is needed to further enhance the dowmown area by attracting a healthy mix of commercial and residemial developmem. In December 1999, the City of DeNon adopted a comprehensive plan to guide developmem through 2020. The DeNon Plan sets the framework for planning and developmem policies for the emire city, including the public review process for the DeNon Developmem Code. These documents are strongly oriented toward the principles of Smart Growth development; focusing growth to developed areas, bringing residems and goods and services imo closer proximity and protecting Denton's environmentally sensitive areas. Along with The Denton Plan, the City also adopted a growth management strategy and plan. This strategy encourages infill development, restoration and redevelopment within the existing cemer city and surrounding the universities. DeNon is strongly influenced by its universities; building on that influence, efforts that enhance the connectivity between the universities and the community are also strongly encouraged. As a means of promoting the cominued vitality of the downtown area, the strategy further encourages the broadest mix of activities and greatest imensity of developmem within the emire dowmown university core area, with particular attemion focusing on the retail core and hospitality uses. Through adoption of The DeNon Plan, the City also created the "Dowmown/University Core" District (DUCD). (Attachmem 2) Within this district, smaller sub-areas are idemified that have distinct character and small area plans are encouraged to delineate special needs areas within the DUCD. The Downtown and its center, the Courthouse Square is one of the sub-areas. (Attachmem 3) The Dowmown Plan study area encompasses 60-blocks whose focal poim is the Courthouse Square, which by design and use, is the historic cemral business district. The Square is the heart of the community, the cemral hub for a variety of public services, financial institutions, cultural, recreational and community activities. The Square comprises the most significam developmem of the DUCD and is the link between UNT and TWU. On February 20, 2001, the City Council authorized the Downtown Master Plan contract with Fregonese Calthorpe Associates (FCA) in the amount of $111,000. The primary focus of the plan is the balance between encouraging development and exploring partnership opportunities with private investors, while at the same time ensuring that proper design practices are employed. The scope of work included five separate tasks to be undertaken by the consultants: A Market Assessment; Parking Survey; Transportation and Redevelopment Analysis; Street Design Analysis; Public Workshops to Develop Plan; and Plan Implementation Strategies. A market assessment for the downtown area, performed by TIP Strategies, Inc., was undertaken to examine the dynamics of growth in the Dallas-Fort Worth Metroplex. This market assessment was used in conjunction with current tax assessor's data, parking survey results, and transportation data to develop a viable redevelopment model for Downtown Denton aimed at capturing desirable commercial and residential growth. Two workshops were held to gain stakeholder input in the downtown planning process. The first workshop was held on May 2nd and Bra, 2002. In this two-day workshop participants were given a visual quality survey and developed visioning scenarios through mapping exercises. The visual quality survey results and the maps produced by workshop participants were summarized. Recurrent themes and development patterns were cataloged to create a vision for the downtown area. In the second workshop, held on July 8, 2002, workshop participants reviewed, modified and reached a consensus on the vision for downtown. Based on the redevelopment model and the vision for the downtown developed in the workshops, a Downtown Master Plan document was drafted. The Plan was modified and redrafled based on several Planning and Zoning Commission recommendations and released to the public. (Attachment 10) A public forum was advertised for and held on April 30, 2003 to obtain stakeholder opinion and input about the Downtown Master Plan. (Attachment 4) Stakeholder comments expressed in the April 30, 2003, public forum along with comments taken from the May 14, 2003, Planning and Zoning Commission public hearing are included in Attachments 5 and 8. Although not required, courtesy notices announcing the May 14, 2003, Planning and Zoning Commission public hearing on the Downtown Master Plan were mailed to all property owners within the Downtown Master Plan study area. (Attachment 4) Courtesy notices were sent to both property owners and occupants/residents announcing the June 3, 2003 City Council public hearing. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval with revisions. 3. Recommend Denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission forwarded the plan and comments to City Council (5-0, Holt and Powell absent). PRIOR ACTION/REVIEW The following is a chronology of SI03-0005, commonly known as the Downtown Master Plan: Downtown Workshop #1 Downtown Workshop #2 P&Z Work Session Public Forum P&Z Public Hearing May 2nd and 3rd 2002, July 8, 2002 December 4, 2002, February 12, 2003, February 26, 2003, and March 12, 2003 April 30, 2003 May 14, 2003 ATTACHMENTS 1. Staff Analysis 2. Downtown University Core District Map (DUCD) 3. Downtown Master Plan Study Area Map 4. Public Notifications 5. Public Forum Comments 6. Public Forum Attendant List 7. May 14, 2003, Draft Planning and Zoning Commission Minutes 8. Planning and Zoning Commission Comments 9. Public Involvement Memo 10. Draft Downtown Master Plan (with recommended revisions) 11. Draft Ordinance Prepared by: Chris Hatcher Planner II Respectfully submitted: Re/ AICP, A~ Planning and Development ATTACHMENT 1 Staff Analysis Comprehensive Plan Analysis The comprehensive plan designates the Downtown University Core District (DUCD) as one of four "special districts" within the city. The comprehensive plan states that, "Within the planning area, several special districts warrant additional attention because of their unique character, special role in land use patterns, or unique opportunities for the community. They include: The Downtown University Core District The Lake Ray Roberts Lake District The Denton Municipal Airport District The Undeveloped lO0-Year Floodplains and Environmentally Sensitive Areas." (p. 56) The comprehensive plan also states that, "special districts help knit the components of the community into a place that has unique identity and special character. They are important destinations for living, working, shopping, and playing, and become focal points of the city. These districts represent the opportunity and potential to achieve the cohesiveness of the city rather than a collection of individual neighborhoods and subdivisions. Residents will continue to view the downtown university core as a unique and dominant area in the heart of the city that merits special planning and attention. .4 comprehensive downtown revitalization program, based on the strategies of the Texas Main Street program, should be implemented to maintain the momentum created by the recent successes and improvements. It is important to encourage the broadest mix of activities and greatest intensity of development within the entire downtown university core. To promote the continued vitality of the downtown area, particular attention should focus on the retail core, including encouragement of hospitality uses. The uniqueness of the downtown university core areas creates a set of special needs specifically for those areas. Further study should investigate zoning, parking, special mixed-uses, density, and the creation of tax increment financing or other special improvement districts." (19. 56) Stakeholder comments and concerns expressed in the April 30, 2003, public forum along with comments taken from the May 14, 2003, Planning and Zoning Commission public hearing are included in Attachments 5 and 8. Staff Findings Adoption of the Downtown Master Plan is consistent with The Denton Plan land use goals and principles. Recommendation Based on the above findings, staff recommends approval of the Downtown Master Plan. ATTACHMENT 2 Downtown University Core District Map LEGEND ATTACHMENT 3 Downtown Master Plan Study Area Map LEGEND Ail ATTACHMENT 4 Public Notifications Public Forum A public forum was held on April 30, 2003 to obtain stakeholder opinion and input about the Downtown Master Plan. Because the majority of plan recommendations impact the area identified as the Downtown Core, city staff targeted stakeholders in this area for participation in the public forum. City staff launched a door-to-door campaign in an effort to provide property owners and merchants in the Downtown Core with information about the Downtown Master Plan and to urge them to attend the public forum. The map below shows the coverage of this door-to door campaign. Owners of Parcels in the Downtown Area and Flyer Coverage Area Downtown Master Plan Public Forum April, 2003 The public forum was also advertised twice in the Denton Record-Chronicle (April 23rd and 27th editions), on the city cable access channel, and on the city website. Planning and Zoning Commission Public Hearing Although not required by City or State mandate courtesy notices announcing the May 14, 2003, Planning and Zoning Commission public hearing on the Dowmown Master Plan were mail to all property owners within the Dowmown Master Plan study area. The public hearing was also advertised in the May 11, 2003, edition of the Demon Record-Chronicle. Notification Map Public Notification Date: Courtesy Notices* sent via 1st Class Mail: Number of responses to Courtesy Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 5/2/03 1,062 Percent of land within study area in opposition: 0 ATTACHMENT 5 Public Forum Comments The following stakeholder comments regarding the Downtown Master Plan were taken from the April 30, 2003, public forum. These comments along with comments taken from the May 14, 2003, Planning and Zoning Commission public hearing will be forwarded to City Council for consideration in the plan adoption process. 1. Weldon Burgoor, business owner on Hickory Street Concerned about narrowing lanes on Hicko _ry Street The back door of their store opens into Hickory Street and that's where the freight loads and unloads, so the narrowing of that street may cause inconvenience for the freights. Response - People need to look at the cross-section of streets given in the draft, and give such feedback, and we can consider customization of cross-section to particular uses. We need to give a space for parking Concerned about the less number of trees in parking lots Somebody just built a new parking lot on Mulberry and Bell, which does not have a lot of shrubbery. Is that still going to come there? Response - We do have landscape requirements for parking lots under the new code. 7.5% of the lot need to be landscaped and 15% under tree canopy. We need to first check whether that property was a restoration project or approved under the old code or something. We do not have an answer right now, but we can check into that. 2. Vichi Oppenheim, resident Wanted to know more about Farmers Market Liked the bus-transit system mentioned in the Plan. Wanted to know the vision of the Farmer's Market, whether it is going to be a prominent structure like in the east coast or is it that people just set up booths on a Saturday. Response - We have envisioned it like a booth-based Farmer's Market; details will need to be worked out. Set up on diagonal parking on streets and retail out on sidewalks. The strategy is to get people downtown, tie them with festival streets, at times when there is not a peak of businesses. And there is no reason why Farmers Market wouldn't be more successful in downtown rather than in the parking lot of K-Mart. Would we want to add arts and crafts in the market, since we have a lot of local artists Response - That can be done, care needs to be taken that the goods are made by the residents only and not got from somewhere else. 3. Edwin Fulton Suggestion about having the Farmer's Market covered or roofed. Had a drape square at the place where now stands the First Data Bank. People would not come to a Farmer's Market in Texas, unless it is covered. Example of Dallas Farmers Market where commercial vendors and farmers are separated. Also, sunrays are not good for some perishables. 9 Response - An idea of a covered parking lot (like the ones at airport). It could be a join use, covered parking lot for offices during weekdays and Farmer's Market on weekends. Concerned about the type and size of parking space. He has a big car, and it is difficult to park and remove it on the right-angled parking spaces. Response - The parking in froN of City Hall West seems to be more convenieN for such cars. We would try to have diagonal or parallel parking rather than right angled straight-in parking. 4. Scot Wilkinson, Denton Community Theater Concerned about how to get people to buy in to come into Denton Downtown from 1-35 Response - In the stages of Implementation, we have Way- finding and Access improvements as the earlier stage. It will help in getting signage and gateways. We need to start lobbying for a sign on freeway. Other ways to make people know about downtown Denton are Alley Streets, Farmers Market, and Festival Streets. Concerned about the speed with which people drive on Hickory_ and Oak Response - Best is Traffic signals. Narrowing lanes or putting rumble strips can help. Aggressive enforcemeN of speed limit or the last resort would be speed bumps. 5. Bob Moses, property owner on south side of the square WaNed to know about the possibility of building a second-storey on some buildings There are some buildings originally 2-storey on the south side of the square, which lost their second floor due to fire. At least 6-8 property owners on that side are affected by it. Would like to have a second floor addition on his property. Also waned to know if the city would help to create a coop with these property owners, architectural support, and historic preservation. Worried that the iNerest rates might go higher, how banks would consider financing for construction on the square. Response - Thinks it's a fascinating idea. There might be problem about the footing; you might need to add some pillar. Formation of TIRZ would be the first step in creating such an organization. Public- Private partnerships should help. The new code is only cautious about building heights around courthouse, which would not diminish the character of the courthouse. But a 2-3-storey building should not cause problem. 5. Jane Fulton, City Council member Question about turnabout on Dallas Driveway She thinks that unless we redo the railroad, it might not be possible for a turnabout at that place. Also is worried about the speed with which people drive on Locust, and reduce their speed only when they are close to the square. Response - Roundabout is to be investigated, is not a key thing in the Plan. Smoother transition is the concept. Roundabout might be one of the many alternatives. Yes, railroad might be a physical impedimeN. 10 6. Mike Cochran, Resident Question about the color codes used for different types of streets On page 16, the Plan shows cross-sections of streets and is color-coded. In the Stroud Neighborhood, Prairie and Highland show purple and green colors with more intensive uses. What do they indicate? Response - The cross-sections need to be reviewed in detail later. This just helps to decide generally what these streets would look like in future. And the intent is not to increase traffic in existing neighborhoods, but when growth takes place, to divert traffic to the main thorough ways. 7. Jim Kirkpatrick, property owner Was happy that we provided an appropriate plan for downtown. The plan gives a clear vision, but the devil is always in the details. We just need to respect the square, its historicity, guidelines created by the Historic Landmark Preservation. Balconies, that have been envisioned in the plan, need to be thought of again. I liked the approach taken at Dallas Drive and something like that is needed there. It would require engineering study. And thanked. Response - It is better to not make many changes on the square since the guidelines are well- established We might just need to add a few more awnings, and may be no balconies. 8. Peggy Capps, outgoing chairman of Historic Landmarks Commission Reminded everyone that we already have a design guideline for the square. Thanked that balconies on square would be reconsidered. 11 ATTACHMENT 6 Public Forum Attendant List PARTICIPANTS OF THE DOWNTOWN MASTER PLAN PUBLIC FORUM~ 04-30-2003 No. Name Mailing Address Phone Number Organization (if any) 1 Margaret Smith 2216 Archer Tr 382-3296 DCT 2 Fred Spres 1118 Wodil Apt B 214-566-7216 Non 3 Daris Aguilar 206 E Sycamore Apt A 390-8897 Non 4 Kim Dillon Phillips 414 Parkway 382-7895 Denton Chamber of Commerce & CVB 5 Julie Glover 101 S. Locust, St 500 349-8522 City of Denton 6 John Johnson 1517 Linden 382-7089 P & Z 7 & 8 Annette & George Watkins 1128 Stanley St 382-8681 P & Z 9 Peggy W. Capps 915 W. Oak 382-0804 Historic Landmarks Commission 10 Vichi Oppenheim 600 Windfields St 382-1851 11 Edwin Fulton 729 Greenwood St 382-6888 12 Bob Moses P.o. Box 50749 243-2248 Elements 13 Perry McNeill 1508 Gatewood Dr 349-7709 City Council 14 Scot S. Wilkinson P.O. Box 1931, Denton, TX 76202 382-7014 DCT Inc 15 Ken Currin 600 N. Locust St., Denton 76201 484-1349 Greenhouse Restaurant 16 Tim MacMalen 314 E. Hickory 381-9572 Student 17 Jacob Thomson 1401 Amherst Dr 382-5176 18 Jim Kirkpatrick 100 W. Mulberry 387-8182 James Kirkpatrick Architects 19 Linda Ratliff 807 Imperial 349-8303 City of Denton 20 Ron Atkins 2201 Spencer Rd 387-6091 21 Dawn Cobb Denton Record-Chronicle 566-6879 Denton Record- Chronicle 22 Oleta Trapp 512 Oakhill Drive 380-9489 23 Elizabeth Gourdie P.O. Box 478, Denton 76202 898-7447 Kil'n Time 24 Weldon Burgoor 345 East Hickory, Denton 76201 382-1921 Weldon's Saddle Shop 25 & 26 Bill & Ann Ennis P.O. Box 1986, Denton 76202 387-5123 27 Jane Fulton 729 Greenwood St 368-3647 City Council Organized & attended by: yFregonese & Scott Fregonese, consultants from Fregonese Calthorpe Associates Reichhart, Chris Hatcher, Stephen Cook, Gincy Thoppil and, Deanna Sanchez from the Planning Dept. 12 DRAFT MINUTES ATTACHMENT 7 CondcnseltTM 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 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 33 COMMISSIONER APPLE: It6'Ill No. 8 off the Agenda is a public heating regarding The Downtown Master Plan. Chris Hatcher with the City staff will present. MR. HATCHER: Good evening, Madam Chair, P&Z Commissioners. My name is Chris Hatcher. I represent the Planning and Development Department. Giving a nice presentation on the Downtown Master Plan will be John Fmgonese, principle of Fregonese Calthorpo Associa~s. John and his fim~ were our consultants on the adoption of the Downtown Master Plan -- I mean, excuse me, of the Development Code and the Comprehensive Plan. And John has continued working with us on the Downtown Master Plan project and the Open Space 1 2 5 6 7 8 9 10 11 12 13 Page 35 this work hasn't been updated. It's even higher now. Basically, you can see that Denton County has experienced a great deal of growth and will continue to experience growth primarily in services, retail trade and other parts of the economy. When looking at what growth is going to be, obviously, the downtown is not going to be competing for manufacturing. But what we tried to do was asstm~e that in Denton County, the downtown could capture ten p~rcent, bewccn eight to ten percent of basically services, retail trade, financial, insurance, real estate, that part of it. And that's what we kind of designed the downtown plan around, an increase of about 8,000 to 10,000 jobs that would be acconunodated in the downtown given the Master Plan. John and his firm are well known throughout the country in town and regional planning. A list of their projects include the new Development Code for Denver, Colorado, updating the Metropolitan Plan for Chicago, and creating new Regional Plans for Austin, Texas, Nashville, Tennessee, and Los Angeles, California. With that said, I'd like to introduce John Fregonese. COMMISSIONER APPLE: Thank you. I don't believe I opened the public hearing, so I'm going to do that at this point. Thank you, Mr. Fregonese. MR. FREGONESE: For tho record, I'm John Fregonese of Fregonese Calthorpe Associates. And it's a 14 15 16 17 18 19 20 21 22 23 24 25 amount of growth that you see in Denton County. That's a fairly small capture rate, but it's one that would make a huge difference in the downtown. So we think -- and the economic development consultants believe this is a feasible goal for the downtown. That adds up to when you place it on the ground and figure out what would happen, one and a half million square feet of new intprovements, 8,500 new jobs. As opposed to a mall or a business park, this would be a small business haven. This would be a place where people with ordinary amounts of capital could start their own business and be successful. That adds up to $120 to $200 Page 34 pleasure to be here. I think we've had -- this plan has been in progress for almost two years now. And les gone through a number of iterations, refinements, and so forth and so Pm glad to be here tonight to present the final draft to you. You do have an Agenda information sheet with the staff report and also the results of the forum that we held a couple of weeks ago h~re in these chambers. Page 36 million in new improvements. And thea~e's something else that benefits the entire town, and it's a quality of life magnet. Much of competition in the 21st century is going to be for the creative class of people. They tend to be attrac~cl to downtowns with -- to cities with things like active downtowns and it tends to have spinoffs in other parts of I know you-all have seen this presentation before. I'd like to kind of go through it quickly but touching the high points and also talking about some of the modifications that we made as a result of the public input in the last workshop we held with the Commission. The Downtown Master Plan has had a number of public involvement events, two workshops that were widely advertised and the public forum, and a number of other ways of involving people. We focused on this downtown study area which is greater than the square. It goes all the way down to University and up to Eagle and basically between -- basically the area that you see there. One of the keys, really one of the beginning parts of this was to look at the economics of the downtown. And while the downtown is viable, it's not a dead downtown, it hasn't grown as much. When you look at the forecast for Denton County and, again, this is a -- 8 your economy. 9 One of the keys to the downtown is creating 10 a walkable district that has adequate parking, but not 11 necessarily in front of every single unit. People need to 12 be able to park and walk. And we conducted a number of 13 analysis, shared parking analysis, to look at both 14 currently and in the future how much parking would be 15 needed in the downtown and where would it be needed. And 16 I'm recommending here that you really go to a shared 17 parking system where you consider the parking resources in 18 downtown are not something that's applied business by 19 business, but it's a burden shared by the entire district. 20 By our analysis, theres enough parking currently in the 21 downtown. There's some hot spots right around the square. 22 But very close to that, there's available on-street 23 parking, very close walking distance. And one of the 24 primary improvements would be to improve the walking 25 enviromnent so some of that parking would become PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 33 - Page 36 CondcnseltTM 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 37 available, But as the downtown grows, you do hit shortages. You're going to be looking at a shortfall. The top is supply and the bottom is demand, you can see demand and supply come very close together in about 2008 Page 39 And, again, the Stroud neighborhood is viewed as a place not as completely stable but it's something that will have small-scale residential infill over time, and that will -- it's just not a major redevelopment and considered for that area. to 2010, given the projected growth. So in the very near term, we're suggesting you plan on adding first surface public parking lots and purchasing ones that could later be turned into parking structures as part of the downtown. One of the keys is the streets in terms of making the streets more attractive to walking, the downtown plan contains a transportation plan. Basically, each street in the downtown is color-coded to a particular ideal cross-section. Obviously, before any improvements 6 7 8 9 10 11 12 13 14 The Downtown Core District is one of the keys. It is both thc healthiest part of the dowmown and also it's the kind of the ground zero, the place that everybody wants to come to, the symbol of Denton. And I think it's -- the growth of the downtown will emanate from the core and part of that is to get the core really healthy and also to have that economic viability spread outwards from the core. Some of the building types that we envision would be made, that would be customized and there would be a lot of interaction with the public, the property owners along that street. But this is to kind of give the concept of how these streets would ideally took. This came out of the first workshop where we asked people to kind of draw their ideal cross-section of how they would like the downtown to look. And based on that -- and current conditions, for example, this is the -- most of the streets in the City, downtown, are 80-foot right-of-ways. This is kind of a current configuration, Page 38 either diagonal parking with 15-foot lanes or on-street parking with 19-foot lanes. Actually, many of the two-lane streets downtown are much wider than they need to 15 16 17 18 19 20 21 22 23 24 25 here are mostly through redevelopment and refill. Building types are a typical kind of your two-story downtown residential buildings, townhouses, owner-occupied type, mid-rise residential, and live/work units, small-scale retail, and even some large-scale retail, nfixed use buildings, office over retail, and low-rise retail residential mixed use. These are buildings that arc being built elsewhere in Texas and the metroplox. They are certainly, given the right market conditions, viable here and permitted under the zoning something that is the kind of intense use that you mxxl to Page 40 make the downtown really viable. But, obviously, something that needs a public parking facility to really make that happen. Not for every parking space, but the be and they couM be reconfigurcd either into four-lane streets, throe-lane one-way streets, parking both sides, or we feel the more optimal situation where the parking, where the traffic flow warrants it is two 12-foot lanes and diagonal parking both sides. That increases your on-street by 50 percent at very little cost. In addition, adding 1 l-foot sidewalks on both sides. So all the downtown streets in the plan have kind of an ideal cross-section so that in the future, as improvements go on, that is part of that. There are two parts of the downtown that don't really warrant a lot of change based on our analysis and the pubhc workshops. One is the area of Elm and Locust, North University, called the Panhandle Stability District. It looks kind of like a panhandle. And the other one is the Stroud neighborhood. And I think we did have a discussion on this based on the meeting with the Planning Commission. We modified the plan there, adding there the statement the oa-£ zoning requirements, which should be referenced for infill size and density when considering sraall-scale residential infill in the Stroud neighborhood. 4 overflow and so forth. These units like this will have 5 spaces for thc residential units. Typically, only one 6 space per unit. The retail will have no spaces. People 7 depend on the downtown to provide that in a typical 8 downtown situation. 9 When we laid this out on the ground, this 10 is kind of the pattern we imagined you'd see. 11 Redevelopments and renewals in kind of a hit and miss 12 fashion in the downtown because you've got a lot of 13 private property owners. You're not going to see whole 14 blocks swept away. But one of the things that we really 15 wanted to urge was consideration of an active interactive 16 -- basically, an interactive fountain. This is one that 17 in my hometown in Portland was installed and has really, 18 since this picture was taken, it's amazing this picture 19 was taken last year, it's almost completely infilled with 20 buildings since that time. Very popular. A very good 21 investment. Paid for by the increase in property values 22 around it. Basically, we'll talk about that in a little 23 bit. These improvements can be made through the proper 24 application of the tax increment redevelopment zone. 25 At any rate, it's something -- one of the PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 37 - Page 40 CondenseltTM Page 41 I things that you all asked was, I think, a specific 2 location for the fountain. We didn't feel that we could 3 locate that because you have to be strategic, but we did 4 mention some parameters for it, within two blocks of the 5 square, at least 10,000 square feet, and in an area where 6 you have a mixture of housing and business, we think that 7 those are the parameters. Exactly whea'e it goes is going 8 to depend kind of on where you find opportunities to work 9 with the property owners to acquire and build that site 10 over time. 11 The North Downtown District, again, we see 12 that really keying off the square. That's the place that 13 you would have offices and residential, probably not as 14 much retailing except on the major thxough streets, But, 15 again, something that we see is happening quite rapidly. 16 The conference and art center to the south 17 of downtown probably is the one that we felt needed the 18 most boost. One of the things that we really looked at 19 was locating potentially a conference and art center there 20 and possibly a hotel. I think this is probably the more 21 ambitious part of the plan and we're not recommending that 22 you just go out and turn dirt on it tomorrow. After 23 looking at the analysis, we think that there is a ease to 24 be made for it but it's something that, in the phasing, we 25 put in the short-term looking at developing a business 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 42 plan for this to understand what the characteristics are for a business to develop both around the conference center and potentially the hotel. And so we feel that it merits further investigation. Without this, it's going to be -- the south downtown will be slower, we believe, to redevelop. It will have to crone -- move down from the square as that area grows. Another thing that could happen there is it develops into kind of a, you see this at the edges of many 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 And, finally, for transit, we think the transit center is a great location, potentially tying in with rail service to the rest of the metroplex. We believe the downtown should remain the local transit hubs but you have a nmnber of different routes to go into the downtown at different times. A lot of downtowns have concentrated all their lines on a few ~treets. So, effectively, the service on those streets becomes every few minutes a bus is going by and then you get a free fareless square so you can just hop on a bus and ride across the downtown. And it extends your area as a pedestrian because then you know if you get to the street, there will be some bus coming along. You just hop on it and ride it to the other end of downtown. And especially on a hot day or a rainy day, that really extends people's ability to do that. So this is the proposed transit center. We have an example of an internodal transit center in Denver that we show there as a kind of ideal And this is also in the plan, shows the transit map you have now, you can see in the downtown on that top ~nap lots of different routes, focusing them on Elm, Locust, Hickory, and Oak, so that all the buses go through there and making the trip within that downtown area perhaps even larger than this frog and 1 2 3 4 5 6 7 8 9 10 Page 44 fareless. This is, of course, a rendering of what it would look like. The current downtown adding street trees and infill structures to give you an idea of what it would look like. Certainly, the combination of all these little things add up to a real transformation to making it much more attractive to pedestrians, more attractive to shoppers, and more am'active to people living in the downtown. Herets another rendering of the way it looks today and potentially a concept of how these improvements successful downtowns, kind of a semi-industrial, sometimes gallery, sometimes artists, sometimes artisans, sometimes small manufacturers all mixed together. And it could be that that will develop, as well. [ think that you need to watch that area. I think this deserves additional study and, again, being strategic on encouraging the real estate development that you see. This is the redevelopment inventory right now, The south downtown doesn't look good for redevelopment at the present time because of the low rents. If that changes to rents similar to what you have on the square~ you can see almost the entire area being feasible for reinvestment or redevelopment. So you will see money, investment going in there if that were to happen. 11 would affect the downtown. 12 Now, after you see the vision, I think t 3 people always say, well, how are we going to do this and 14 how much is it going to cost me. And I think you-all, 15 rightfully so, asked us a number of specific questions 16 about that. And we have added to the plan a listing of 17 projects. There are potential costs, whether theyrre 18 high, medium, low, and kind of a timeline on when those 19 should happen. So I think we've added that phasing plan 20 to it. 21 Let me go through them first by category. 22 For regulation, we think the downtown, the zoning is 23 probably not a hindrance. It's really in pretty good 24 shape in terms of permitting the kinds of uses that we 25 saw. What we recommend is perhaps architectural PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 41 - Page 44 CondcnscItTM Page 45 1 guidelines for the square ought to be incorporated into 2 your site design process. 3 One of the things that characterizes 4 downtowns is the ability to use the sidewalk 5 interactively. A lot of these street cross-sections, 6 think about wider sidewalks, and we're suggesting that you 7 promulgate some regulations that allow people to get 8 permits for architectural projections, balconies. 9 Probably not on the square. The historic people that came 10 to the forum wanted to make that point, and certainly 11 that's our intention. 12 But off the square, to allow balcony, even 13 another architectural projections, and sidewalk use 14 permits that would allow people to put tables and chairs, 15 restaurants, perhaps even some limited display of 16 merchandise. We think that does need to be regulated 17 because it can get out of hand. But on the other hand, if 18 you go to a successful downtown, you're always going to 19 see those kinds of things there, and we recommend that 20 that be done fairly quickly. 21 In the short-term, we recommend 22 revitalizing. Basically, there was a project to do the 23 strcctscapc and trash improvernents on the alley streets, 24 Austin, Walnut, Cedar, Pecan. Pecan, excuse me. And I 25 think we believe that that -- we would recommend to the 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 46 Council that they put that in the Capital Improvement budget when it's appropriate and that those be done as kind of to kick-start the downtown and show after they plan some real physical improvements. We all think those have the most potential and you would see the most benefits from those improvements given their proximity and the condition of those streets and how much we believe those improvements would change the shopping and business environment there. The transit fareless square and route consolidation, fairly inexpensive, very effective in terms of providing people alternatives there with using, 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 47 farmer's market place, putting in a cover, and allowing the fainter's market to occur ut~der cover. And also you could possibly use that for covered parking when the farmer's market isn't there. And access improvements and making the streets that get you to downtown a little bit better. A lot of discussion about the intersection at Eagle to the north of downtown, making that better. Over the long-tem~, forming the XtaZ is actually something that should be done in the short-term. Tho benefits come over the long-term. This allows you to capture these benefits over time and fund these improvements by the downtown's growth. So this is, again, a key financial tool that's used in almost every successful downtown that you -- when the downtown starts growing, you capture that new growth and reinvest that into the downtown, it kind of feeds on itself. Annual strcetscape improvements, initially we were suggesting funding by the City, but over time nmnually doing about 800 to 1,000 feet of street. Basically, streetscape improvements, improving your parking situation, and your attractiveness, and traffic flow, as well. Building an enhanced Denton Transit Plan. Looking at locating a public fountain in cooperation with Page 48 1 private developers, as we said. Purchasing the parking 2 lots and then later adding parking structures in the next 3 decade. You're not going to need those until past 2010. 4 But if you purchase some public parking lots now, you'll 5 have the facilities in place to do that. 6 And looking at the arts and conference 7 center, certainly starting with just a business plan, if 8 that pans out, using the Ttaz to acquire the site and then 9 finding a private developer and doing a development 10 agreement to build that or possibly building it as a City 11 facility, depending on the business plan and how that 12 turns out. basically, the things that are already in place. Signage and way finding, finding, making sure that you get as many signs as possible showing downtown Denton, even to the point of getting the Ford -- the signs at the freeway pointing to downtown Denton, as well. Creating the festival streets, a permit to allow closure of the streets during certain times and have at least four festivals a year where you have some streets closed and events going on in the downtown. Trying to attract the farmer's market back downtown, setting up a situation for that. There was a very good discussion last time of using the traditional 13 14 15 16 17 18 19 20 21 22 23 24 25 Terms of partnerships, working with some of the private parking there to develop shared parking agreements. This often is asstm~ing providing insurance coverage and clean up, will allow private people to allow their private parking lots to be used after hours for the public and the downtown. Doing specific area plans where certain blocks are basically the City does -- the City cooperates with private property owners to get farther down the planning and then the private property owners get the building permits for that. Marketing to the private sector, we think that given tho -- once this is adopted, we really ought to make a concerted effort to developers of especially PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 45 - Page 48 CondcnscltTM Page 49 1 residential units to take a look at the downtown high-end 2 residential units. We believe that will bring additional 3 retail, as well. And also people that develop mixed use 4 projects like this in the Texas area ought to take a look 5 at Denton. We think it has a lot of potential. 6 And as I mentioned, we have both a timeline 7 and a sehedule in the plan starting out with what would 8 happen in 2003, fairly short-term, all the way out to 9 2010, the long-term. And also a pricing, a cost estimate 10 from low, medium, and high, and an actual ballpark for how 11 many dollars it would take to do each of these. And that 12 is our presentation. And I'd love to respond to questions 13 both now and if you want me to respond to any questions 14 from the public, I'd be glad to do that, as well. 15 COMMISSIONER APPLE: Thank you. 16 Commissioners, would you like to ask him any questions now 17 or would you rather wait until the public hearing is over? 18 All right. 19 MR. F~EOON~SE: Thank you. 20 COMMISSIONER APPLE: Thank you. We have 21 two cards to request to speak. Mr. Jerry Taylor. 22 MR. TAYLOR: Good evening, Chairman, 23 Commission. Jerry Taylor, 231 West Hickory, one of the 24 businesses we own. 25 I just got a briefing on something that 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 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 question mark on my head that I can foster. And Pre got about several 25,000 or so square feet maybe of downtown. I just don't know what you're planning to do. I don't know what it's going to impact. I don't know if it's going to be a cost, who's going to pay for it and how are you going to pay for it. And these future -- I understand that therers going to be an accounting within the City of existing taxes, revenues for general funds and then you're going to anticipate future increase in property values, and those funds are going to come back to help pay for any of these improvements. If you show me how I can raise rents and improve my net operating income, that pays property taxes. If you don't, I don*t -- you don't have any money going into any excess funds, just a caveat. And if you want to ask me something or tell me who to talk to or get this in more detail, I'd be obliged. Thank you. COMMISSIONER APPLE'. I thank yOU for your conmlents. MR. T^VLOR: fast time the City helped me downtown, they took away 16 parking places. No thanks. COMMISStON~ APPLE: Thank you, sir. Mr. Weldon Burgeon. MR. BURGEON: Madam Chair and Conunissioners and staff, I'm Weldon Burgeon. I live at 6562 Grisson Page 50 I've learned in a three and a half minute conference out in the hallway that Mr. Fregonese was very generous with his time to inform me of that has been ongoing for a year and a half. Where was I in this last year and half since I own -- well, that's a misrepresentation. It's in entities that will never die and I control those, let's put it that way. Where was I for the the last year and a half and y'all were putting all this together and I've just now gotten a three and a half minutes outside. Spoke with Mr. Hatcher yesterday for probably five minutes we spoke. And then I just heard this enormously brief commentary. Very comprehensive but a lot faster than I could absorb it all. And, specifically, I saw some highlighted points that were important to me since we own them. We own the dirtr Now, the company, the people have their tenants there, you know, they lease from us, but I don't know what the impact is, of all this grandiose planning is, to those tenants, to our properties. And I'm not an adversary. I mean, I'd love to help any way we can. I don't have a clue what you're asking me to do or what you're planning to do that's going to impact me. I don't know ff it's going to be positive or negative. In other words, I'm here with the biggest Page 52 1 Road in Denton, Texas. 2 Pm not opposed to this at all. I do have 3 some reservations about portions of it. I was present for 4 the forum a couple of weeks ago. And I have a tendency to 5 go to sleep. The drawing looked like a first grader up in 6 that area, was that in the other presentation? 7 COMMISSIONER APPLE: Mr. Burgeon, if you'd 8 address the Commission. I'm sorry. 9 MR, BURGEON: okay. I'm sorry. That was 10 in the other one. I must have been asleep. 11 COMMISSIONER APPLE: Mr. Reichhart can 12 address that. 13 MR. REICHHART: I believe it was. 14 M~. ~uRc, oot4: so the grand old plan for 15 Eaet Hickory is two lanes going east? 16 MR. REICHHART: I'm not sure of the 17 specifics of Hickory without the plan in front of me but 18 there were a number of schematics that were presented per 19 different sections of road and a nmnber of options per 20 each road, whether you'd, you know, decrease the lanes, 21 increase parking, angled parking, and all those options. 22 And the plan identifies the options. It's up to the City 23 to detemfine which option that would be best per road 24 segment. 25 MR. BURGEON: well, I spoke at that time PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 49 - Page 52 Condons~ItTM 1 2 3 4 7 10 il 12 13 14 15 16 17 lg 20 21 22 23 2~ 2~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 53 and I thought was assured that it wasn't going to get any -- or much narrower on East Hickory because we have a concern about 18-wheel freight trucks that if we ever sell anything, we need to have it brought back in, and that would be very hard to do on a twoqane road and so forth. But I sure thought I saw that. It looked like a little drawing from a first or second grader and said, ideally, these streets would be two lanes going east from the courthouse in the beginning of that presentation. But I was sitting over at the sidelines. I may have seen it wrong. My wife tells me I do a good many things wrong so forgive me if I'm wrong there. Just keep us in mind. We sure need to have as much access as we can. The square is very beautiful. But if you continue it all the way down Hickory, it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 55 Bttrgoon. I don't have any more cards of people who wish to speak but you can certainly come down. Is there anyone else who wishes to address this Agenda item? If you'll give us your name and address, please, sir. MR. FULTON: Madam Chair, Commissioners, Edwin Fulton, 729 Greenwood. I've attended the previous one of these they had and I've attended some of the others. Mr. Fregonese, I told him that we didn't need to limit our parking spaces because this is Texas and we drove country Cadillacs or whatever, and he accused me of driving a 350, and I said I did. But I noticed coming in tonight out here that this parking lot sitting right out here, and this is a common broad base of people in here, if you go out and count your spaces out here, half going to be pretty tough for freight trucks to get in there. And, Larry, I'm running on-time. I'm not going to -- COMMISSIONER APPLE: YOU still have a minute. That was your one-minute warning. MR. BURGOON: ! know but I still have 16 17 18 19 20 21 22 of them are long wheel base extended cabs or stms. And if you take in the people that parked off to one side, it will be over 50 percent. So I think you really need to consider that and how you configure your parking because I know you're going to change things. Excuse me. And the next thing I haven't heard in any of this is we haven't heard from the fire department. something to say. I'm not going to mention the fact that the City just built a parking lot on the comer of Mulberry and Bell. We spent $100,000.00 with this man Page 54 telling us how to make it look pretty. Y'all done spent $20,000.00 to landscape it. You know, look at Oak and Belt, look at the fire station, beautiful landscaping, and not a sprig on that new parking lot. Thank you. COMMISSIONER APPLE: Mr. Reichhart, could you address that, please? MR. REICHHART: Yes. At the time that permit was pulled for that parking lot, it was determined that it was a restoration. There was an existing parking lot there. The intent of the Code is to provide landscaping and we are going to go back. We are looking at options of how we can do that and add the landscaping that the intent of the Code identified. MR. BURGOON: Okay. So in 1992 when we expanded our existing parking lot to take in a vacant space, and you weren't hem then, we were required to put in 12 trees with all the landscaping. Did we not have the right attorney representing us? It took awhile to get the plans approved and it was a redo. We had a parking lot there since 1963. So that really doesn't sound like that's fair. I know your philosophy ts keep Denton beautiful. That's your logo. But it's you-all keep Denton beautiful. We'll do what we want to do. Thank you. COMMISSIONER APPLE: Thank you, Mr. 23 24 25 Best I remember, we're talking about going up higher with everything and I know we put sprinkler systems in. And I think, well, Mr. Mulroy there, he could come up with a few Page 56 i deals there. 2 But I think that it's going to take from 16 3 to 18 feet to set up one of these snorkel trucks because 4 the higher we go, the more room you've got to have. And I 5 think we need to hear from the fire department and get 6 their cmmnent. We need to ask them to come in and see 7 what they have to say about some of this design, because I 8 think if you go search some history, that if you'tl look, 9 the fire depamnent will probably have these answers that 10 these fires that we have, they had sprinkler systems in 11 there, the big ones, but they have to be down for 12 maintenance. 13 So, you know, we've still got to put them 14 out, just because that sprinkler system was down for 15 maintenance. 16 Anyway. Just my thoughts is you just need 17 to think it out and consider everything before we do t8 anything. I mean, I'm not against it. It's been that 19 way. The farmer's market, I noticed the County had done 20 something down here. That's something that can bring 21 stuff to the City of Denton. It's got to be promoted 22 some. And that's basically all t got to say. 3 COMMISSIONER APPLE: Thank you, Mr. Fulton. 24 Yes, sir. 25 MR. HASKINS: Thank you for giving me the PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 53 - Page 56 CondcnseltTM Page 57 1 opportunity to address you. I'm Darrell Haskins. I live 2 at 325 North Trinity Road. 3 Before I moved to Denton I'd been in the 4 real estate business for 20 years as a broker. And the 5 problem you have with this plan, and even though how 6 beautiful it is, it's flawed. The flaw is there's no 7 market for what he's presenting. There's no market for 8 these big two-story condos, for apartments. It's just not 9 here. 10 So what the City is going to be end up 11 doing is building a bunch of beautiful streets, put in a 12 lot of beautiful trees, a convention center that's going 13 to become an albatross around our neck, and nobody is t4 going to participate in building ali this improvements t5 that we have in thc plan. I'm a taxpayer here. I'veseen 16 a lot of projects that I scratch my head and say, why am I 17 paying for this. To me, this is just anotho: one of Mayor 18 Brock's little special deals that she wants to pull 19 through. And I don't feel like spending my taxpayer money 20 on something that there's no market for and it will just 21 be put'ting my money down a black hole. Thank you. 22 COMMISSIONER APPLE: Thank you, sir. Is 23 there anyone else in the audience who wishes to address 24 this Agenda item? 25 MR. Ba.m.a: My name is Rick Baria. I live 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 I6 17 18 19 20 21 22 23 24 25 Page 58 just outside the City Ihnits but I do work close to downtown. COMMISSIONER APPLE: I'm sorry. Could you just give us your name and address. MR. BARRY: oh, okay. It's Rick Baria, B-A-R-I-A, if you need me to spell it. And that's 5138 Edwards Road, I just when I looked at the plan, I thought, well, it has some positives and it has maybe some pitfalls, especially some of the expenditures that would be conceived of later. But for it to work, we've got to have a lot more parking than we've got now. And if the City is going to purchase that parking, it seems to be that's pretty expensive, especially up front. And it seems to me that the best opt[on that we might consider would be some way to get those who have parking to share it with us after hours. And I don't know how that would work out. I'd like to hear more about that. Maybe it could be metered. Maybe some people who work at the square could pay for a parking space. I have no idea how that's co~mnonly done in some of these other, I guess, projects that have been done elsewhere. And the other thing is I did notice on one of the cross-sections of the street, it shows the parking at an angle and it shows a depth from the front of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 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 59 space to the back of 17 feet. That seems a little shallow to me. So I just wondered what the angle of the parking was. I think that pretty much is all I need to ask. COMMISSIONER APPLE: Mr. Reicb2mrt can answer that question for you. MR. BARIA: okay. MR. REICHHART: Typically, the parking spaces, that would be the depth from the back of the curb to the drive aisle. But as you angle the space -- MR. BARIA: YOU need less space, sure. MR. Rmcnn,mT: Bepth-wise, but as you're pulling in, you still get the 18 plus feet that you need and then you have the overhang and all that. So it's from the curb to the drive line. As the angle increases, that mount of space decreases, but you still have the same parking space. You still get the nine by 18 or whatever a required parking space is, MR, BARIA: Yeah. Okay, Thank you. COMMISSIONER APPLE: Thank you, sir, Is there anyone else who wishes to address this Agenda item? MS. ENNIS: I'm Ann Ennis. I live at 525 West Windsor Drive. I own some property downtown. I'm not really worried about all these improvements you're going to make -- COMMISS[ONF~R APPLE: Pull that microphone Page 60 down just ~- there you go. MS. ENNIS: -- because I don't think it will happen. As a property owner downtown, the property owners have to pay for the lights on top of our buildings. I mean, that's not a lot of money, $3,00 or $4.00 a week, but it's the principle. The other thing is when you did all of the landscaping around the square. Took our parking places. You ran out of money before we could get the trees in. If we do need more parking downtown, the fire station that cannot be used would be a great place to put parking. I've got a long list but I didn't intend to speak tonight. So thank you. COMMISSIONER APPLE: Thank you. MR. REICHHART: t would say, Ms. Ennis, that if you wanted to give that list to staff, we could forward that to City Council. Thank you. COMMISSIONER APPLE: IS there anyone else in the audience who wishes to address this Agenda item? Anyone else who wishes to speak? Seeing no one coming forward, I wilt see if John has anything he'd like to add. MR. FREGONESE: I'd be glad to. I think -- I didn't remember all the questions. Maybe if you could bring up the ones you think that we can address specifically. PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 57 - Page 60 CondensoltTM 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 Page 61 I would like to talk about the issue of the 1 City, about the fact that markets don't exist for this 2 right now and how to build that market and the 3 relationship between that market developing and your 4 expenditures. The plan is designed to stimulate a market 5 that exists in the metroplex but is not currently 6 expressed in Denton. You have the demographic. You have 7 the growth. The have the kind of population that would 8 indicate that that market has potential here. You have 9 people in the metroplex that are becoming more and more 10 experienced, and in Texas. I mean, down in Houston, other ii places, Austin, that am looking for places, looking for i2 places to build projects like that. Obviously, they want 13 to make money. 14 And we believe that Denton downtown is unique in that it is one of the very few places of any 16 significant size, it has a real honest to gosh downtown in 17 a city of substantial size like Denton, and a growing 18 city, one with a very diverse population, two 19 universities, all the things that would tell you that a 20 certain percentage of mixed use, both for the retail 21 office environment and the residential environment would 22 have some potential here. 23 So we are suggesting that you kind of kick 24 start this with some improvements just around the square 25 Page 62 and that you put the TIRZ in place. And as the -- and 1 that you encourage and actually market to people who do 2 this, to come and take a look and be positive and develop 3 a sales pitch, and try to sell them on it. And they will 4 look, investigate it. Someone will take a risk and be the 5 first one in. And when that's successful, you will have a 6 nmnber of other copy cats. That's the way it happens. 7 The first one comes in. When it's successful, you have other copy cats come in. Those investments will build up the TIRZ. That tax increment district will generate the funds to pay for the improvements. So under this plan it would be impossible to have all these streets improved and all these improvements made without the development because the development pays for the improvements. So I think it's important. It's a very valid criticism that sometimes plans, cities believe that if you build it they will come. It's not always true. Often it's not. It's a risky endeavor. This is not -- this is risk adverse in that you're building it when they come and you're building it as fast as they come and you're going out to build it basically creating that environment. So I think we're sensitive to that. We try to address that. This is a strategic plan that allows you Page 63 to go based on market response and encourages you to be flexible and watch for where is the market going to try to encourage growth in that direction. I think I have an answer, as well, on the parking just briefly, if we can flash this up on the screen. I think what was discussed, I think, as the first grader drawing was this. Is that the one, I think, that was mentioned? I believe this was not in the other PowerPoint. I threw it in tonight and it was from the public involvement and it was a sketch from a table and it was just ideas. And we use this as a source of ideas but we actually, when we did these, we actually went out and measured distance and actually designed it. This cross-section that you soo here with parking on both sides is very cormnonly used ia many urban areas. The fire depamnents have approved them there. I know that you do need to contact your fire departrncnt. I know we reviewed these with Public Works, Engineering, Traffic folks, and they were comfortable with these right-of-ways. That is a -- the little blue car there is a Hummer, the widest car sold, and we designed these spaces around a Hmmner H-1 which is a seven and a half foot wide car, and the stalls are 20 to 22 feet deep, they're ten feet wide, so they do fit the F-350 extended cab pickup. Page 64 You still have to slow down when you're turning in, you know~ But they have an F-350, it's a big vehicle. So we did design around the extended cab pickups and the large suvs to be able to accommodate these. And are there any other specific points I could address? Pardon inc. Delivery tracks. You know, that is a very good point and we really can't put a 8 delivery truck in the ideal cross-sections. Thc process 9 we envision is that as a project, as proposed, you go in 10 and you take cate of loading zones. Loading zones is 11 really important in a downtown. There's a number of ways 12 to handle those. We'll be glad to supply you with 13 photographs and other ideas as part of this so that when 14 you get to that point, you can see how to handle loading. 15 And especially in those 60-foot 16 right-of-way stt~eets, Pecan and Austin and those, because 17 those function as alleys, they have to be available for 18 loading. It's essential that those buildings have access f 9 to the rear. You can provide those basically by having a 20 pop-out that takes out a parking space but provides a 21 loading spot or providing loading areas in parking areas 22 that are set aside during the day for loading and at 23 nighttime for parking when you have your peaks. 24 The other point that was raised, I think, 25 was about shared parking. What has been done in other PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 61 - Page 64 CondenseltTM Page 65 1 conununitics with private shared parking, the gentleman was 2 right, that is a very effective way to get some more 3 parking, is many, you know, businessmen that are civic 4 minded would love or churches or other facilities that 5 have parking that is left unused during many hours would 6 like to allow that to be used by the public. They're 7 worried about vandalism to their property, clean up on the 8 site, a ntm~ber of things. And it's much less expensive to 9 provide services and ins~trance to cover those issues than 10 it is to purchase the property. 11 What has happened in other places, that the 12 cities provide insurance and a guarantee that they'll take 13 care of problems that arise from the parking in exchange 14 for posted public parking, and then allow for towing 15 during times that it's not permitted and make sure it's 16 signed and so forth. So for very little expenditure you 17 get parking. Sometimes church parking, bank parking is 18 not used in the evening, typically, when you have your 19 peaks. That works out very well. 20 Another one, just in Athens, George, very 21 interestingly, the bank wan!eli to do this. An 22 entrepreneurial student from University of Georgia said, 23 I'll take care of it. I will ~- let me charge these 24 people $5.00 a space. Iql monitor it all night. When 25 they're gone, I wilt clean it up and t'11 keep thc Page 66 I money. And the bank said, great. So there's a business 2 to be made out of it, as well, if you have an 3 entrepreneurial college student that wants to stay awake 4 all night and hang out in a parking lot watching cars. 5 Any other points, questions? 6 COMMISSIONER APPLE: commissioner Mukoy. 7 COMMISSIONER MULROY: Yes. Thank you. 8 Going back to Mt'. Burgoon's question specifically, what is 9 the existing condition on East Hickory that he's concerned 10 with and specifically what are we recommending in the 11 Master Plan? I'm sure that's why he came all the way down 12 here, to get a specific answer. 13 MR, FREGONESE' Right. Right. You know, I 14 would -- I'm worried that I'm going to do something off 15 tile top of my head and I would rather examine the map and 16 be able to get back to him specifically on that. I think 17 East Hickory -- 18 COMMISSIONER MHLROY: YOU wouldn't be 19 opposed to spending a few minutes with Mr, Burgeon after 20 the meeting? 21 MR, FREGONESE: Not at all. Not at all, 22 But I believe East Hickory is a -- you know, I need to 23 look at this xnore in detail. It's a three-lane one-way 24 street, I believe in here. but we'll take a look at it. 25 COMMISSIONER APPLE: Mr. Taylor has ?LANNING AND ZONING COMMISSION Page 67 1 indicated that he would like to join in your confab with 2 Mr. Burgeon. 3 MR. FREGONESE: okay, 4 COMMISSIONER APPLE: commissioner Roy. 5 COMMISSIONER ROY: Yes. On page 22 there 6 is a description of the footprint of the transit center. 7 And a question came into us today and actually it had come 8 to us before. That footprint encompasses the Center for 9 the Visual Arts and it's leased property. And the 10 question is what's the concept of including the Center for 11 Visual Arts in the footprint for the transit center? They 12 don't seem to be directly related other than people coming ~13 in to visit it. Ws a little confusing to the arts 14 people. 15 MR. FREGONESE: There*$ no intention. That 16 was just kind of a district boundary. That was the 17 transit center area and there's no intention to change the 18 Center for the Visual Arts or impair it in any way or 19 change it. It's going to be right next to a big transit 20 center and then it just indicated that was the district. 21 But it probably could be redrawn and should be redrawn to 22 exclude it and make it part of the other district, the 23 Arts District. 24 COMMISSIONER ROY: it would seem like that 25 would stop this question. This is the second time it's Page 68 I come up. 2 MR. FREGONESE: okay. 3 COMMISSIONER ROY: YOB can understand why 4 they would be, you know, worried about it. 5 MR. FREGONESE: Yes. That's an oversight 6 on our part, too. 7 COMMISSIONER ROY: Thank you. 8 COMMISSIONER APPLE: commissioner Johnson. 9 COMMISSIONER JOHNSON: This has come up 10 before, too. And it might be of some benefit, Larry, if 11 you could review the attempts that thc Planning Department 12 has made to involve people in the discussions of this 13 project or if somebody could, 14 MR, REICHHART: I'll ask Chris Hatcher to 15 come up and identify the notification processes that we've 16 used for the workshops and then for the public hearings, 17 MR, HATCHER: My name is Chris Hatcher, 18 again, Notifications for the workshops were sent. A 19 downtown task force or downtown steering conmfittee was 20 identified for the initial workshops and it consisted of 21 30 to 45 members, Invitations were mailed out to thcan and 22 they were -- representated a cross-section of various 23 stakeholders of the downtown area, neighborhood residents, 24 downtown merchants, and other stakeholders. Those were 25 the participants of the downtown workshop and those were MAY 14, 2003 Page 65 - Page 68 CondcnscltTM Page 69 I wher~ the actual foundation or actual visioning from the 2 downtown plan resulted in. 3 COMMISSIONER APPLE: SO the workshop, 4 you're saying the workshops that were held, the two 5 workshops, wer~ a committee that was developed by staff2 6 MR. HATCHER: NO, not staff. Various 7 entities, we contac~d the Main Street Association. I 8 believe some City Council people had some interested, some 9 appointments that they had on the committee, also. And we 10 did contact the various representatives from the 11 neighborhood organizations in the downtown area. 12 MR. REICHHART: And also those workshops 13 were also publicly notified. 14 Ma. HATCHER: That is correct. 15 m. REICHHART: [ mean, there were, I 16 believe, flyers. 17 m. HATCHEII: Flyers were sent OUt. It was 18 advertised in the newspaper and on the City's website. 19 Also, they were advertised on Denton's cable access 20 television channel. 21 COMMISSIONER APPLE: Hilt 1] understood you 22 to say invitations were sent out to 30 or 40 people 23 targeted. 24 MR. HATCHER: Right. Those were the 30 or 25 40 targeted. Realizing that we wouldn't get all of those Page 70 I people, we did decide to advertise to the general public 2 for anyone who wanted to attend. Anyone who wasn't on the 3 list and wanted to attend, that's why we advertised to the 4 general public. 5 COMMISSIONER APPLE: I know I attended one 6 of those workshops, the second one, and I believe there 7 were 21 or 22 people in attendance and them was actually 8 -- there were only two people who were not either City 9 staff, Chamber of Conunerce staff, or Main Street staff. 10 So I'm glad that Commissioner Johnson asked that question. 11 I don't know who attended the first one but that was my 12 experience. And Dan's Bar was the one business owner in 13 attendance at the one I attended. 14 MR. HATCHER: And we were very disappointed 15 in the attendance that we did receive at thc second 16 meeting. We had a much better attendance at the first. 17 The second one, be it the date being in July and people on 18 vacation, we just didn't have the stakeholder response 19 that we expeoted. 20 COMMISSIONER. JOHNSON: welt, if I remember 21 right, I believe you guys also went door to door in the 22 downtown area before the last public hearing which was 23 about a week ago or so. 24 MR. HATCHER: corlT.~t. We went to a [2~ specific area. This is -- what you're talking about is PLANNING AND ZONING COMMISSION Page 71 i for the -- notification for the downtown public forum. 2 And we went door to door. We had a Downtown Master Plan 3 newsletter and a flyer. We went door to door to the 4 merchants and the occupiers and, hopefully, we hit, we 5 wanted to hit a lot of property owners. We did stuff some 6 mailboxes. Evidently, a lot of people, a lot of the 7 property owners didn't get those letters. But we went 8 door to door. We encouraged people. We talked about the 9 downtown plan. We encouraged the people, the stakeholders 10 in the downtown core to come out to attend, to find out 11 what was going on in the downtown, with the Downtown 12 Master Plan. 13 COMMISSIONER APPLE: It Was my 14 understanding that you didn't do the entire designated : 15 downtown area though, only part of it? 16 MR. HA'renan: only the downtown core. We 17 targeted the downtown core because, initially, most of the 18 downtown plan reconnnendations will have an impact 19 initially in the short-term on those stakeholders. We're 20 very adamant and we wanted to get their input on the 21 recommendations of the downtown plan. Areas such as the 22 panhandle, the Stroud neighborhood, tho transit center, 23 the north downtown, those were seen as districts whom we 24 wanted input, that's why we did advertise also in the 25 newspaper, we advertised on the City's website and on D-TV Page 72 i also, but those were areas that we wanted their input but 2 we were -- we targeted the downtown core because, as I 3 said before, the major issues, the major recommendations 4 affected that area initially. 5 COMMISSIONER APPLE: Could you say exactly 6 what the downtown core consists of for the audience? 7 MR. HATCHER: okay. And I'm doing this 8 from memory. Let me get the book here. 9 MR. REICHHART: At the same time, we also 10 notified any of the neighborhood representatives that we 11 knew of of the public forum. And while Chris is looking 12 that up, I will say that also for this public hearing, we 13 did sand out notices to every property owner in the entire 14 district notifying them of this public hearing and the 15 tentative date for the City Council hearing. 16 MR. HATCHER: The downtown core boundar/es 17 are Parkway to the north, Parkway and McKinney on the 18 north, Bell on the east, Carroll on the west, Prairie, I 19 believe, on the south and I believe it's Prairie and 20 Sycmnore on the south, 21 COMMISSIONER APPLE: IS there some reason 22 you didn't extend that on to cover the area that this 23 showed all the way to Eagle? 24 MR. HATCHER: That's not a part of the 25 downtown core, the area further south to Eagle. MAY 14, 2003 Page 69 - Page 72 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseltTM Page 73 COMMISSIONER APPLE: It'S included in the plan. MR. HATCHER: You were saying the downtown core or just the whole planning district, that wouldn't include to the south. COMMISSIONER APPLE: I just meant the affected area. MR. HATCHER: okay. No, we just included the downtown core, like I said, because those were the initial recommendations. I think the Stroud neighborhood and the Conference/Fine Arts District would be the ones that extend south to Eagle. COMMISSIONER APPLE: co~muissioner Mulroy. COMMISSIONER MULROY: Yes. On the -- Larry mentioned something, but just for the record again, when was our first mail-out to thc property owners in the formal notification? MR. HATCHER: First mail-out to the property owners, notices were mailed out on May 1 st to every property owner in the downtown area, within the downtown area. COMMISSIONER MULROY: Okay. And in retrospect do you think it would have been helpful to maybe mail that out first a year ago and then develop the workshops? Page 74 1 MR. HATCHER: In retrospect, yes, a lot 2 sooner. Maybe after the initial workshops, I think it 3 would have been advisable to do a mail-out to all thc 4 property owners. 5 COMMISSIONER MULROY: Thank you. 6 COMMISSIONER APPLE: commissioner Johnson. 7 COMMISSIONER JOmqSON: well, I think it's 8 important to say that this is an input session so it's not 9 too late for anybody who has a comment or a concern to 10 make that. And they can make it to staff or anybody up 11 here or the City Council or anybody. And I think that 12 that's what we're doing really is soliciting input. So 13 don't think that somebody is trying to ramrod something 14 that nobody wants. The issue is this is a plan put 15 together in good faith by people that thought they knew 16 because of citizen input what the community wanted. And 17 if that's been misread, then we're happy to take input 18 from anybody that has a different idea. So, you know, 19 make the input. 20 MR. HATCHER: Thank you. 21 COMMISSIONER APPLE: Thank you, Mr. 22 Hatcher. John, if you don't mind, I have a couple of 23 questions. And I may have misunderstood you but I 24 thought I heard you say in the initial presentation that 25 there were some areas where the streets were too wide or Page 75 1 significantly wide. 2 MR. FREGONESE: Yes. 3 COMMISSIONER APPLE: And I know personally 4 I'm having trouble on the square now if there is a dually 5 truck parked in a parking spot. I have to veer over into 6 the left lane, the right lane. I have seen several near 7 accidents also because of people coming down that right 8 lane and they're stuck so they've got to sit and wait in 9 order to get over to the left lane to continue on around. 10 Where are these streets really wide? 11 MR. FREGONESE: MOSt of the -- not in the 12 square and not on Hickory or Oak. ,13 COMMISSIONER APPLE: okay. 14 MR. FREGONESE: But on the other streets in 15 town, the minor streets that are two lanes, the lanes are 16 19 feet wide. You've got an 80-foot right-of-way, a 17 fairly narrow sidewalk, a parking lane, and the land 18 that's left over is 19 feet per lane. On Interstate 35, 19 those lanes are 12 feet wide. 12 to 14 feet is for an 20 interstate and they even get narrower than that. And 21 typically 12 feet for a 25 mile an hour, 30 mile an hour 22 street is considered ample with some, what's called shy 23 distance that you're not right up against a wall You 24 have things like parking next to it so you have actually 25 not a visual barrier. Page 76 1 COMMISSIONER APPLE: SO yOU were talking 2 about the side streets? 3 Ma. FReOONESe: Yes. Other than the alley 4 streets, the 60-foot right-of-way is fairly narrow ones 5 around there. And not Elm, Locust, Hickory, and Oak that 6 are the main cross st,,eets, and I think some others 7 downtown. The ones we were talking about are the 80-foot 8 right-of-ways that only have two lanes. 9 COMMISSIONER APPLE: okay. Thank you. And 10 then the other thing is would you expound on the trash 11 improvements and what those entail and how those would 12 affect the business owners? 13 MR. FRF. KiONESE: The trash improvements 14 would be based on a model that we've used before in a 15 sinfilar situation where the business owners would only 16 have a -- outside of their restaurant, they would either 17 have an enclosed trash that would be completely enclosed 18 from the view of the public through a door or something 19 and they would have a small dumpster in there or 20 something. If they did not have a durnpster, they would 21 have a 55-gallon something, basically a trash can on 22 wheels that would then -- you would then periodically 23 empty that into a large dumpster that would be located one 24 per block that would be in an enclosure. You would still 25 have -- and that the trash bill for that block would be PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 73 - Page 76 CondcnscItTM Page 77 I shared among the owners. 2 COMMISSIONER APPLE: SO people, instead of 3 having their own dumpsters, would be roiling trash? 4 MR. FREGONESE: That's right. fi COMMISSIONER APPLE: And a lot of 6 businesses that close at night, you know -- I guess my 7 concern, I'm thinking of safety issues, people roiling 8 trash late at night into enclosed areas that are not near 9 their businesses. 10 MR. FREGONESE: NO, it would be out in the 11 public street. It would be located on the sidewalk. 12 Perhaps could I show you an illustration? 13 COMMISSIONER APPLE: That would be great. 14 MR. FREGONESE: okay. The reason, of 15 course, would be to create a better business environment 16 on those streets, and that would be the incentive. Now, 17 in this place where I have or it did happen in the town I 18 used to work in, we did it almost 20 years ago and it's 19 been through several improvements and expansions. 20 Interestingly enough, the mnount of business on that 2i street has increased tremendously. 22 This is the current situation. And you 23 can see this street is certainly a -- has a lot of 24 potential, it has a lot of architectural interest. You 25 could develop secondary entrances. We don't believe Page 78 i that's going to happen with big dumpsters sitting in the 2 street. It's quite unattractive and the dumpsters can -- 3 the visual impact of those is important, especially if you 4 want to develop a sidewalk-related business, certainly if 5 you want to have restaurants, stores, and so forth 6 operating off these streets. 7 COMMISSIONER APPLE: SO where would they 8 go? 9 MR. FREGONESE: well, I'll show you, And 10 this is just a concept is that instead of the parking 11 structure, you would place an enclosure and that would be 12 out basically where they are now, really, in the parking 13 area, but this would be a situation where you would have t4 parking, diagonal parking on one side and basically two 15 driving lanes, two 11-foot sidewalks would fit in that 16 60-foot right-of-way. 17 The dumpsters would go, two dumpsters would 18 go inside a 20 by 20 enclosure that would be open on two 19 ends. One end would, where it would be serviced, the 20 street side was where it would be serviced by the trash 21 company and the other side would be serviced, basically 22 people would be bringing their trash, opening the gate, 23 and dumping it in the dumpster periodically. 24 Now, in practice, you know, you have to 25 have your kitchen staff take out the trash in a restaurant ~LANNING AND ZONING COMMISSION Page 79 1 several times and dump it. But [t does work and it did 2 allow for that whole area to become a basically active 3 sidewalk. The exchange for inconvenience was increased 4 business. And those businessmen felt, again, a tot of 5 skepticism inltially. There wasn't, you know, a lot of -- 6 I imagine if you do this, you're going to have to do a lot 7 of input to make sure it works specifically for those 8 businesses in that place. 9 What we're saying is that I don't know if 10 this is exactly the solution that works, but I believe a 11 solution can be found to gang up all of the dumpsters into 12 one visually unobtrusive site per block and everyone share 13 that parking in exchange for a better street, a better · 14 environment, something that will attract customers, 15 Because, frankly, I don't think you're going to attract 16 customers on the street right now. You need to have a 17 different environment if you're going to expect people 18 walking around, shopping, and doing business. 19 COMMISSIONER APPLE: So I wonder if the 20 people who have to walk a block get a better deal than the 21 people that just have to go next door. 22 MR. FREGONESE: No, but it's their job. 23 And their deal would be there's going to be more tips and 24 there's going to be more jobs, there's going to be more 25 business to do it. If you don't get -- if it doesn't Page 80 I increase business, there's no reason to do it. Leave the 2 street the way it is. 3 COMMISSIONER A~PLE: But yOU have something 4 that directly correlates trash being in a designated 5 fenced area to increased business? There were no other 6 factors that -- 7 MR. FREGONESE: There was no other factor 8 in that one case, It may be just that one case. 9 COMMISSIONER APPLE: what city was it? 10 MR. FREGONESE: It was in Ashland, Oregon. 11 It's a similar climate, tourist city. 12 COMMISSIONER APPLE: A tourist city? 13 MR. FREGONESE: It has college and theater 14 tourism, college and arts tourism, similar to what you're 15 hoping to develop here with the arts tourism. 16 COMMISSIONER APPLE: And then my last 17 question, I know when the Cormnission met and in our 18 comments that we had forwarded, we were concerned, we 19 shared some concerns about the conference center. 20 MR. FREGONESE: YeS. 21 COMMISSIONER APPLE: BeCaUse we, some of us 22 did not see that as a viable concern because we currently 23 have some conference centers that aren't able to fill 24 their rooms. And I understood you to say that that would 25 be down the road. But on the timeline it showed it in two MAY 14, 2003 Page 77 - Page 80 CondenseItTM Page 81 and a half years. 2 MR. FREGONHSE: It showed the business 3 plan, I believe, as the first item. And it is -- then we 4 have, if it's feasible, to look at doing it in 2006. But 5 in reality -- 6 COMMISSIONER APPLE: SO it jUSt says 7 business plan over to the left? I'm just -- it's the 8 third from the bottom, combined arts and conference center 9 with hotel, 2006. Which since 2003 is halfway through, 10 that's two and a half years. So I was just curious about 11 that. And it also shows -- is that just a business plan 12 or is that the actual vehicle? 13 MR. FREGONESE: It starts with thc business 14 plan and it's conditional on the conditions being right to 15 do it and examining the cost effectiveness of that 16 facility. You're right to be skeptical. It's something 17 certainly cities can sink a lot of money into white 18 elephants that never operate. 19 On the other hand, there's examples of 20 conference centers that have made a huge difference. And 21 I think that the only way to look at that is to look at 22 the business plan. And, again, the downtown has to show 23 movement, it has to show growth for the conference center 24 to be even initially feasible. So the first steps are 25 really to do the basics of encouraging businesses. Page 82 1 COMMISSIONER APPLE: I thank you because I 2 didn't rcatize that was just the business plan because it 3 appears to just be the actual vehicle in the years 2006 4 and 2007. So -- 5 Ma. VREOO~SE: well, I think if it's not 6 clear in the plan, wc need to make it that way. If the 7 way we wrote -- my recollection is the way we wrote the 8 conference center part is to start with the business plan, 9 then move ahead. l0 COMMISSIONER APPLE: okay. Thank you. 11 MR. mECJOt,'aSE: Thank you. 12 COMMISSIONER APPLE: I'm going to close the 13 public hearing and ask Commissioners for comments. Before 14 we do that, let me enter into the record also, we received 15 a note from Herbert Hall who's the Executive Director of 16 the Greater Denton Arts Council, and he was out of town :17 this evening, and he would like his comments forwarded. 18 He has three items that were -- he had some suggestions. 19 So we will be adding those to the record. Commissioner 20 Mukoy. 21 COMMISSIONER MULROY: Yes, Madam Chair. If 22 there's no further discussion, I would move that we pass 23 the latest revision and with the comments from tonight and 24 the last public fortm~ and with our previous comments as a 25 presentation on to City Council for further fine tuning of Page 83 I this plan. 2 I think it's premature to approve a plan. 3 Evidently, even as Mr. Fregonese has said, there's things 4 he wishes to incorporate into it. But as a board, I feel 5 like we've processed this to the extent that we can. 6 We've submitted comments. They've been, for the most 7 part, drafted where applicable in the plan. And we've had 8 our public hearing and have exercised staff pretty well on 9 a few of the items for several months. So I think it's 10 time to pass this forward to City Council. That's my 11 motion. 12 COMMISSIONER APPLE: Do we have a second? 13 Commissioner Johnson. 14 COMMISSIONER JOHNSON: Yeah. I'll second 15 the motion with a stipulation though that any written 16 comments that we get from anybody be included with the 17 report to the City Council. 18 COMMISSIONER APPLE: Thank you. We have a 19 motion and a second. Is there discussion? Commissioner 20 Roy. 21 COMMISSIONER ROY: I would agree that [ 22 think we have added about as much as we can to this 23 process. I don't see that it would serve any significant 24 role for us to review this again at a later date. So I 25 believe it's going to end up being very much a policy Page 84 f issue and I think we've done enough. But I agree with the 2 recommendation and the proposal to add the comments and 3 forward them to City Council. 4 COMMISSIONER ^?PL~: 1,1t be voting for the 5 motion. And I would just like to add that I would hope 6 that when this does go to City Council, I appreciate that 7 they went to great lengths to notify the property owners 8 of the actual buildings. I would like to see them go 9 further and notify the actual people who operate 10 businesses in those buildings because those people will be 11 most directly affected by this. And that would be just a 12 suggestion from me. 13 We have a motion and a second. 14 Commissioner Mukoy. 15 COMMISSIONER MULROY: A closing comment to 16 remind the audience, City Council will also have a public 17 hearing. So if you have thoughts in the meantime that 18 you'd like to submit or speak, feel free to make yourself 19 available to City Council. Thank you. 20 COMMISSIONER APPLE: Mr. Reichhart has just 21 shared that the public hearing at City Council for this 22 item will take place on Tuesday, June the 3rd. 23 We do have a motion and a second to pass 24 this forward to City Council. Any more discussion? 25 Hearing none, vote please. Motion carries 5-0. PLANNING AND ZONING COMIvflSSION MAY 14, 2003 Page 81 - Page 84 CondcnseltTM 1 2 3 5 6 ? 9 ~0 11 12 13 15 16 17 19 2O 21 22 23 24 25 Page 85 We've had a request for a break so we're going to take a break and we'll return at 8:30. Thank you, Mr. Fregonese, for your time. We appreciate it. (Break taken.) PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 85 - Page 85 ATTACHMENT 8 Planning and Zoning Commission Public Hearing Comment Report The following comments regarding the Downtown Master Plan were taken from the May 14, 2003, Planning and Zoning Commission public hearing. 1. Jerry Taylor, business owner on 231 FF. Hickory Street · He says he is not an adversary to this Plan, but questions why he did not know about this previously (one and a half year long process of the Plan). He owns 25,000 square feet in the downtown, and has no clue as to what the City is planning to do there. He does not know how the grandiose plan would impact the tenants and properties. It seems like a big question mark to him. · The Plan anticipates an increase in future property values in downtown and that would go into the excess fund for further improvements. But Mr. Taylor challenges to show how he would be able to raise his rents and improve his net operating income to have money going into any excess funds. · He also mentioned that last time the City helped downtown, they took away 16 parking spaces. He does not want any of that kind happening now. 2. Weldon Burgoon, lives at 6562 Grisson Rd., also a business owner on Hickory Street He says he is not opposed to this Plan. He wanted to know about the plan for East Hickory Street. He reiterates his concern during the public forum about the inconvenience to freight trucks if the lanes were narrowed. He also questions as to why the new parking lot at the corner of Mulberry and Bell does not have any landscaping. He finds that it was not fair on the city's part to approve this new one since they had not approved an expansion of his parking lot in 1992, until he was going to plant 12 trees there. 3. Edwin Fulton, 729 Greenwood · Carries forward the same suggestion made during the public forum of considering bigger parking slots especially for Texas. He gives instance of the parking lot just outside the City Council Chambers, with more than 50% big cars and SUVs. · He also suggests that we hear from the Fire Dept about the design. The Plan suggests going higher up with everything. Even though sprinkler systems will be put up, it might take 16-18 ft to set up one of those snorkel trucks because the higher we go, the more room you have got to have. · He supports bringing Farmer's Market in the city. 4. Darrell Haskins, 325 N. Trinity Rd. Before moving to Denton, he was a broker in Real Estate for 20 years. And he finds that the Plan, even though is beautiful, is flawed. There is no market here for the kinds of things the Plan aspires to do, so nobody would participate. The City will end up building beautiful streets, lot of trees, convention center.., which would turn out to be a pain in the neck. He does not feel like spending his taxpayer money on something that does not have a market at all. 5. Rick Baria, 138 Edwards Rd., lives outside city limits but works close to downtown He understands that for the plan to work the city needs to have a lot more parking and that to purchase it, that's pretty expensive. Hence he suggests that the city needs to make some way to get those who have parking to share it with us after hours. In addition, had a question about one of the cross-section of streets shown in the presentation. He wants to know what is the angle of parking shown in that sketch, because the depth from from to the back of space is shown as 17', which seems quite shallow to him. 6. Ann Ennis, 525 W. Windsor Dr, owns some property downtown. · She says that she was not worried about all the improvemems talked about because she does not think it will ever happen. · When landscaping project was undertaken last time, it just took away our parking spaces and the City ran out of money before they could get the trees in. She suggested that the old fire station would be a great place to put parking. · She has a list of things that cannot happen here, but did not plan to bring it up in the hearing. 7. Joe Mulroy, Commissioner · Goes back to Mr. Burgoon's question; what is the existing condition on east Hickory Street and what are we proposing on it? 8. Joe Roy, Commissioner On pg. 22 there is a description of the footprim of the transit cemer. The footprim encompasses the cemer for visual arts and it's leased property. His question was why the arts cemer was included in the footprim of transit cemer. That was very confusing and it's the second time it was pointed out. 9. John Johnson, Commissioner · Wanted somebody to review the attempts the Planning Dept has made to involve people in the discussions of this project. 10. Susan Apple, Commissioner · She experiences trouble parking on the square and she hears John saying in the presentation that the streets are really wide, she wants to know exactly which streets is he talking about? · She wanted John to expand on trash improvements and what those entail? She was concerned about safety issues of businesses rolling out their trash late at night imo enclosed areas (trash enclosure) that are not near their businesses. · Concerned that on the timeline the Conference Center showed in two and a half years. If it just the business plan and not the actual vehicle in the years 2006 and 2007, it needs to be made clear there. · Herbert Hall, executive director of the Greater Denton Arts Council, would like his written comments forwarded since he could not make it there personally. So this needs to be added to the record. Comments for Planning and Zoning Downtown Masterplan Public Hearing May 14, 2003 ,Submitted by Herbert Holl, Executive Director, Greater Denton Arts Council I will be out of town during the scheduled public hearing on May 14, 2003 but request that the following be included if permissible. The transit center "footprint" encompasses the Center for the Visual Arts and its surrounding leased property. A clearer statement or delineation of how the arts facility and transit center relate to each other should be considered (e.g. parking issues, the long-term welfare of the Center for the Visual Arts). That the convention center concept include as a central component, the expansion (or addition) of facilities specifically designed to serve as performing arts, concert, and (as needed and developed) museum venues. This could be expressed as a large versatile multi-part facility or as a group of facilities (developed over time) in close proximity creating a "district" that will be a resource to area residents and a destination for visitors. Ce The idea of an arts corridor was first given life when the Greater Denton Arts Council purchased the Campus Theatre and began viewing the theatre and the Center for the Visual Arts as "bookends" for a Hickory Street arts corridor. It is very desirable that the concept of an arts corridor be formalized and further expanded into the goal of transforming the central business district into an area where a pedestrian would not walk more than two or three minutes in any direction without encountering an arts/cultural amenity (public art, fountain, landscaping, arts facility, historical site or a significant architectural feature.) I~IAY ! . PLANNING & DEVELOPMENT ATTACHMENT 9 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: CC: MAYOR, CITY COUNCIL LARRY REICHHART, ASSISTANT DIRECTOR PLANNING PUBLIC INVOLVEMENT PROCESS DOWNTOWN MASTER PLAN MAY 2003 MIKE CONDUFF, JON FORTUNE The following is a detailed accounting of the efforts planning staff has made to notify, advertise and promote the writing and public involvement for the Downtown Master Plan. Public Workshop #1 The first of the public workshops was held in a two-day session on May 2'~ 4:00pm to 8:00pm, and May 3~ l:00pm to 4:00pm, 2002 at the Grace Temple Baptist Church located at 1106 West Oak Street. As per Council direction, a committee of interested stakeholders was formed from sources associated with the Denton Main Street Association, the Denton Chamber of Commerce and other community groups and neighborhood organizations. The list of committee members is provided as Attachment 1. A letter of invitation was sent on April 23, 2003 to the forty stakeholders asking for their attendance to the two-day workshop. In addition to these specific invitations, advertisements for general public attendance were run in the Denton Record Chronicle, the City of Denton Website, and DTV - Channel 26. The two-day workshop was attended by many of the invited committee members and several interested individuals. Approximately 25 people attended the two-day workshop. Newspaper Advertisement Public Workshop #1 Public Involvement Downtown Master Plan May 2003 Newspaper Advertisement Public Workshop #2 Public Workshop #2 The second workshop was held on July 8'h 5:00pm to 8:00pm, 2002 at the Center for Visual Arts. As with the first two-day workshop, letters were sent on June 24, 2002 to the forty committee members and advertisements were placed in the Denton Record Chronicle, the City of Denton Website, and the DTV-Channel 26 daily rotation. Nine members of the public attended the meeting. Planning and Zoning Commission Worksessions The Planning and Zoning Commission held a series of planning worksessions to discuss the particular aspects of the Downtown Master Plan. These worksessions were open to the public and were officially noticed and posted with the agendas of the meetings. Meetings were held on the following dates: December 4th, 2002 February 12th, 2003 February 26th, 2003 March 12th, 2003 Downtown Master Plan Public Forum A public forum was held on April 30, 2003 to obtain stakeholder opinion and input about the Downtown Master Plan. Because the majority of plan recommendations impact the area identified as the Downtown Core, city staff targeted stakeholders in this area for participation in the public forum. City staff launched a door-to-door campaign in an effort to provide property owners and merchants in the Downtown Core with information about the Downtown Master Plan and to urge them to attend the public forum. The map to the right shows the coverage of this door-to door campaign. Newsletters describing the plan and flyers advertising the forum meeting were distributed. In addition to the door-to-door campaign, advertisements were run in the April 23~d and April 27th editions of the Denton Record Chronicle, on the City of Denton Website and on DTV-Channel 26. Approximately 25 participants attended the public forum. Public Involvement Downtown Master Plan May 2003 Planning and Zoning Commission Public Hearing The Planning and Zoning Commission held their public hearing on the Downtown Master Plan on May 14th, 2003. An official notification was mailed to all property owners within the entire district as defined in the plan. Over 1,000 notifications were mailed. In addition to the mailers, an advertisement for the public hearing was run in the May 11th edition of the Denton Record Chronicle, and on the City of Denton Website. City Council Public Hearing For the June 3% public hearing, staff has been directed to mail out notices of the meeting to the property owners and physical addresses of the properties located within the areas included in the Downtown Master Plan. Approximately 1,397 notices were mailed out on May 16th, 2003 and an advertisement run in the May 18, 2003 edition of the Denton Record Chronicle. Additional notification was provided on the City of Denton Website. C~TY OF DENTON DOWNTOWN NASTEP~ PLAN PURPOSE OF THE PLAN Tile chy of Denton was established in 1857 at the location where today's com'thouse stands and was incorporated in 1866. As the city grew and prospered, downtown became the city's cmnmercial cente~: While Denton has grown from a city' of only 26,844 people in 1960 to an estimated population of 86,550 in 2002, the Denton downtown has not shared in that growth and prosperhy. Nevertheless, downtown Denton represents the very heart and soul of' the connnunhy - tile courthouse in its square is one of the finest of its type in Texas, and the square itself is an integral part of the city's culture. Festivals, celebrations, and other activities are held in the square and among its historic buildings. of vital growth, providing jobs and raising property values. They also have brought a strong core of small businesses, business and cMc centers, entertainment districts, unique housing opportunities, and cultural and artistic quarters. With one of tile best physical cores in north central 'lbxas, Denton is well positioned to design a downtown that flmctions as a vital business and cNic cente~; busding with activity' and investment. Histodc downtown Denton. Denton certainly has the potential to undergo a successt~l revitalization of its downtown - so~nething many other communities have accomplished dm'ing the last decade. In many of these communities, the downtowns have become centers C~TY OF DENTON DOWNTOWN NASTEP~ PLAN Why This Plan is Needed This plan is h~tended to convert the vision of a vital downtown into realhy. Simply planning fi)r a better downtown will not lead to its success - it will requh'e a concerted eflk)rt by chy leaders, local bush~esses and residents, and new investors. Fommately; the city has many of the tools in place that can help create a renewed down town - appropriate regulations, key strategic public investment, and partnerships with the public secton This plan is the result of snidies and workshops that envision a downtown that flmcfions as a ten ter of communi ty business and culture. A key component is the set of strategies that will lead to change - a process that builds on success and encourages private investments that are crucial to the downtown's vitalit}~ This overlay of the Golden Triangle Mall on top of Denton's downtown shows that in both places the distance pedestrians walk are simiiar. DRAFT I I /02 CITY OF DENTON DOWNTOWN NASTEP~ PLAN How The Vision For Downtown Was Created ,&s part of developing this plan, two workshops were held with stakeholders from tile downtown area. They were asked how they would like the downtown to change during the next 20 years. The folloMng section includes a brief description of the vision outlined during these workshops and in discussions Mth community leaders. The groups were divided into tables of about eight people, and each group was given a large-scale map of tile downtown. They were asked to place "chips" (small pieces of' paper that contained various kinds of buildings or uses) on the map and draw the kinds of improvements they would like to see. In addition, the groups were asked to design a street cross section fk)r the two common street widths that dominate the downtown - 60 filet and 80 t~et of right-oPway. The workshop results helped tbcus and organize the approach used for the plan. Participants helped identiI~: a set of key values and visions that will help guide the downtown into a more vital, active, and pedestrian friendly area that becomes a shining light for the community. Participants work together at the community workshop. CITY OF DENTON DOWNTOWN NASTEP~ PLAN A Vision For Downtown Denton Downtown Denton is an area with great potential in all dimensions: economic, cuhural, historic arid social. This potential holds great promise in the quest to create a thrMng, successful downtown. Downtown Denton can choose to add one or more spedfic elements, e.g., a bush~ess cente~; an entertainment cente~; a conference renter, a transit hub, or residential development. Whatever the specific prqject, it should be evaluated in terms of how that pr(}ject contributes to Denton's long-range vision ibc im d owntowH. A main goal of Denton's long-range vi- sion is to have a linked park and open space network. The following are goals that define the vision for downtown Denton: ~ Downtown should be a vital part of Denton's economy. Each yem; there should be more jobs, more retail sales, and higher property values in downtown. ~ Downtown should be a source of civic pride. Downtown should complement the historic courthouse as something that citizens of Denton can feel proud of. ~ Downtown should be a place to live, work, and play. Downtown should have residents, offices, shops, and entertainment. Everyone in Denton should be able to see something in downtown that is appealing arid interesting. ~ Downtown should contain compact and concentrated activities. Developments and infrastructm'e should reintbrce the sense of downtown as having connected actMties within a single neighborhood. ~ Downtown should contain a variety of things to do. Eve~Tone in Denton should find several things every year; if not every month, that bring them to downtown. ~ Downtown should be pedestrian fi'iendly and an e~lioyable place to walk. All of downtown needs to have good pedestrian infrasm~cture, including sidewalks, shade and cahn traffic. ~ Downtown should have linked parks arid open spaces. Green areas feel larger and more of an amenity if they are linked. Parks are venues for a variety of activities as well as open space amenities. ~ Downtown should be attractive and well designed. New developments should increase the overall quality of downtown. In particular; buildings should be durable, compatible with historic structures, and reflect the local commmfitS: *Developments that meet these goals are investments in downtown Denton that create value for flmn'e generations. Df'~AFT I I/02 C)TY OF DENTON DOWNTOWN NASTEP~ PLAN Downtown Denton Today Denton's historic downtown is a well-established and prosperous central business district. Den ton's downtown occupies approximately 440 acres. Downtown is home to more than 1,000 buildings that provide employment, eclectic shops, mfique restam'ants, museums, galleries, and live entertainment venues tbr citizens and visitors alike. This 60-block area has as its focal point the historic Denton County Courthouse Square. Recently a number of businesses have renovated and reused historic commercial buUdings on the square and have shown great respect fi)r the square's character: In other instances, howevel; renovations and infill development have been incompatible whh the city's aesthetic and fimctional ot~jectives - an alarmh~g trend that has surfaced as investment interest rose in the area. ~l~vo corridors (pah's of one-way streets) extending from the square, the Oak-Hickory corridor and the Elm-Locust corridor are prime candidates fbr redevelopment. Denton is the county seat of Denton County, which is part of the eight-county Dallas primary metropolitan statistical area (PMSA). According to the 2000 Gensus, Denton Gounty's population totaled 432,976, with 80,5371Mng in the city itself'. During the past 30 years, Denton has grown at a slightly faster annual compound growth rate than the state did over the sa~ne period. Denton Gounty stands to grow significantly during the next decades. 23% 16% 27% 34% [] Streets ] [] 6reen [ [] Parkin9 Lots[ [] Footprints j Physically, the downtown area is about 34% streets and street rights of way, and about 66% lots. Considering the downtown as a whole, 34% is streets, 23% is parking lots, 16% is covered by buildings, and 27% is in vegetation or landscaping. C~TY OF DENTON DOWNTOW~ ~ASTEP~ PL~A~ Current Conditions One of this plan's flmdamental goals is to achieve a balanced and diverse ~nix of' compatible uses. A mix of housing, jobs, SelWices and attractions is necessary to shape a vibrant and pedestrian-friendly downtown. More than two-thirds of the downtown is occupied by commercial, retail and restaurant uses. With less than 18 percent of the downtown used tbr housing, the area has fallen out of balance, requiring people to travel into and out of the downtown areas, primarily by car. Developing a variety of housing options within the downtown and a(~jacent areas means more people will be able to use and appreciate the area. Total Square Feet of Land Use in the Downtown Core 1% !3% ~mmercial m Industrial E] Institutional © Multi Family m Office a Resturant ~1 Single Fa A profile of downtown uses today. DOWNTOWN PARKING AND TRANSPORTATION Many business owners, as well as visitors to downtown, feel that parking spaces are too few and far between. Parking can feel limited, especially during the afternoons and evenings around the historic square. Tile crunch is fdt hardest during special events and festivals, such as Dog Days of Summer. Parking plays an important role in any downtown. This master plan asks the fbllowing questions: (1) is there a need for additional parking supply, (2) is there a solution to alleviate the parking problem, and (3) is there really a problem or just a perception of a problem? One of tile first issues to address in the downtown is that of transportation and parking. Downtown has excellent access from the community but generally is circumvented unless it's the specific destination. As a resuh, it doesn't have the advantage of drive-by traffic, as do areas along on major arterials and freeways. On the other hand, tile slowe~; cahner pace of traffic in the downtown make the streets a potentially much more inviting place to live, work or shop. Df'~AFT I I/02 CITY OF DENTON DOWNTOWN MASTEP~ PLAN The downtown's transportation problems are not related to through traffic or excessive congestion. But even when the plan is fully implemented, the streem will have enough capacity to accommodate the expected traffic. The main transpor'tafion problems relate to parking availability and ahernative modes important to downtowns - walking and transit. Downtown in Context One of Downtown Denton's strengths is its strategic location. It lies directly between TWU and UNT, the Denton Courthouse is within 1 mile, and many cMc and federal uses are located within the downtown's core. The downtown is easily accessible by Interstate or Surface Street and is equipped with many cuhural amenities cluding a theater, an abundance of shopping as well as cMc parks. orth Lakes Park Fair Grounds ~ ; Texas Woman's i ~ l University McKenna k Chambe of City Service Center ~~ Universi , Hall North East Commission Phoenix Park ~ Mack Park ~ton County ~rthouse Context Map of downtown Denton (study area shown in beige). CITY OF DENTON DOWNTOWN NASTEP~ PLAN Walking & Downtowns While downtown Denton has ample parking~ the perception among Denton residents is that parking is limited - mainly because they have unrealistic expectations about trying to park only at their specific destination. There is a perceived unwilfingness to walk even a block fi'om the caf to a particular destination. But the reafity is that ~nost downtowns, including Denton's, would operate most successflflly whh shared parking. The advantage of traditional downtowns like Demon's is that there are many small shops close together on a street. While on street parking should be maximized, it is hnpractical to provide sufficient parking for each store within a few feet of its front door. In fact, the distances needed to walk in downtown Denton are similar to those encountered in a suburban shopping center- the scale of these areas is often huge. As an example, the following photos compare the downtown core with the Golden Triangle Mall which shows that parking at the outskirts of the mall on a busy day and walking its length would cover over a mile in downtown, within easy reach fbr any heahhy aduh or child. The difference in the perceived distance is that while in tile parking lot, the mall provides a clear target tbr tile pedestrian - and the perceived distance is smaller. When inside the mall, the area is fldl of amenhies for pedestrians - the environment is shady and cool, there is seating and tbod, and there are lots of shops with interesting displays. In thct, malls were designed to replicate the environment of successlhl downtowns. Theretbre, part of' downtown's success is through maximizing on-street parking, and placing sufficient parking facilities throughout the downtown in sufficient number to meet parking demand. The Denton downtown plan encourages a pedestrian friendly environment. Df'~AFT I I/02 CITY OF DENTON DOWNTOWN NASTEP~ PLAN But part of that strategy' is to create a better walking environment fbr the downtown uses - creadng shady, cool streets with amenities and lots of shops. Where there are not shops along the street, clear visual clues should lead the walker to those areas that have the best pedestrian ( and shopping) areas. Parking Study To address some of the many parking and transportation questions and issues, a study was undertaken in December; 2001. Its goal was to measure the quantity and location of parking in downtown, along with an examination of how the existing spaces were being used. ,&s part of the study, downtown was divided into blocks with both on- and off: street parking inventoried. Spaces were counted using the city' of Denton's Geographic Information System (GIS) database. Counts were double-checked agah~st aerial photography, and in several cases, actual checks in the field were made. is located within private parking lots, followed by 751 on-street parallel spaces and an additional 313 spaces of on-street diagonal parking. Smwey takers walked sub-districts of downtown at three difk~rent times. The morning count showed parking patterns related to the morning journey to work. The atiernoon count found parking patterns related to uses during work hours and during prime shopping hours. And finall}; the evening count told us what people were doing ~'ter the workday' was done. Downtown Core Parkin, Supply Over 20 Years Add 4 Parking Lots The inventmy showed us that there are nearly 10,800 parking spaces whhin Demon's downtown. The majority (9,731) Based on the forecast increase in demand, we recommend that surface lots sufficient for 400 spaces (about 4 acres) be acquired/n the next eight to ~0 years, with a size and configuration sufficient to accommodate a parking aleaaiam. CITY OF DENTON DOWNTOWN MASl'EP~ PLAN Areas shown/n red represent tim/ted parking supply. Parking Use m Measuring Demand Exisdng demand ,,'as measured against the existing supply described above. For each parcel, the total parking demand at any given time of day can be estimated. Parking demand was generated by multiplying parking generation rates, categorized by use, Mth building square footages. In the suburban parking model, addh~g the peak time of day parking demand for each parcel h~ the downtown reveals the amount of parking supply necessm~ to meet demand. Since each m4~or business provides enough paring to meet peak demand~ each parcel essentially flmcfions as a parking island. This total parcel-by-parcel parking demand is estimated at 11,947 spaces - for a theoretical defich (demand minus supply) of roughly 1,100 spaces. No doubt it comes as no surprise to many residents and businesses that Denton has a small deficit of downtown parking. However, this is not um~sual in downtowns, and many do quite well on even less parking. The Downtown Core actually has a surplus of parking - only 2,600 spaces requh'ed and over 3,500 available in the core area. Most people going downtown look for parking either at, or across the street from, the historic square. The parking study showed that this area indeed operates at close to maximum capacity at several points throughout the day. } Ioweve~; what many visitors thil to notice are the many spaces located just one or two blocks away. Some are in private lots that are not available after hours, even though there is no competing use. Clearly, a shared parking system in the Downtown core could greatly improve the business climate. * Parbinl;I Geueratinn Rates were obtained from the Urban Land Institute (ULI). DRAFT I [/02 C~TY OF Dl!!l~lTOl~l Shared Parking Parking can be viewed fi'om two diflkrent models: a suburban model and a town-oriented or shared model. In ~nost suburban settings, each indMdual business provides enough parking to sads~' its indMdual peak parking demand. This is akin to each individual household providing a well for its individual water needs. The unfortunate consequence of this parking situation is that for much of the day', most parking supply sits unoccupied. An ofl~ce building, for example, may need 30 parking spaces to acconnnodate tire peak parking demand that occurs during regular business hours, but after 6 p.m., nearly all these parking spaces will sit unused. Ironically; an adjacent restam'ant at 7 p.m., be reaching its own parking peak with demand well overstepping the restaurant's on-site parking suppl~ In a town setting where indMdual firms are located close together, parking can be used as a shared udlh5~ like a municipal water service. This makes good business sense as well - since people can park one location and vish a range of nearby businesses. Employees an office building, for example, may leave their cars parked throughout the day and walk to a nearby restaurant or to do some shopping. Under this model, one parking space easily can serve two or three businesses. DOW~TOW~ ~ASTER PLA~ rat es :: m e n t io n e d :: h e re :~ pg. 1 3: In the shared parking model, each business shares its parking to varying degrees. Parking can be shared block by block, where each block is a parking island, or it can be shared as a common area throughout the downtown. Shared parking by block is calculated by summing the total demand of uses on the block and measuring this at various fi~nes of day'. The time of day with the highest total parking demand is the block's peak demand. If parking is shared on a block- to-block basis downtown, 13% percent fbwer parking spaces are required versus the suburban model. Restaurant Parking Utilization 3,000 2,500 2,000 1,500 1,000 500 Timo of Day Office Parking Utilization 1400 1200 lOOO 800 600 -- 400 200 o Time of Day Retail Parking Utilization 10000 8000 6000 4000 2000 0 Time of Day ResidentialParking Utilization 1200 1000 8oo ~oo i 400 ~ 200 1 o~ Time of Day Each land use has its own unique parking demand curve. Df~A~:T I//02 C~TY OF DENTON DOWNTOWN NASTEP~ PLAN Shared Parking Policies and Decisions No Sharing: Every use must provide parking for their individual peak demand. Changing people's attitudes toward shared parking may take a bit of coaxing and convincing. Like nearly anything in life, convincing people to change their old habits fl'equently meets with initial resistance. But showing and explaining how shared parking can create a better downtown fbr eveu~one should go a long way' toward helping people overcome their reluctance to change. Creating shared parking in the short term may require policies that: Required Minimum Parking 16000 14000 12000 10000 8000 6000 4000 2000 0 Office Residential Retail Restaurant Sharing: Parking supply must meet the total peak of all adjacent land uses. ~ Encourage sharing among businesses and devise mechanis~ns for addressing lo~stical issues. Some businesses should share parking at all times of day', while other businesses should share parking after their individual peak time of da5 Also, equity issues may need to be resolved between existing businesses that have either an oversupply or undersupply of parking. Shared Parking Utilization 14,000 12,000 10,000 8,000 6,000 4,000 2,000 _Office Residential Retail Restaurant DF~AFT / //02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ ~ Encourage customers to use shared parking. A signage strategy may be needed to tell drivers that parking is shared among merchants and to point the way to large, common parking areas away fi'om the town square. ~ Establish municipal or cooperative parking facilities. Land currendy owned by the City of Denton could be improved to provide parking, or new land could be acquired. ~ Identi(f critical parking areas and encourage short-term parking there. The conflict between employee and customer parking downtown may need to be addressed in such areas, since employees tend to use spaces for longer periods that may discourage customer and tourist USC. locating sites nearest to intense parking demand arid the type and configuration of a0iacent land uses. (See table on page 9) ~ Determine the dining of parking need. When should land be purchased arid parking stnlcuires developed? ~ Encourage walking. An excellent way to encourage customers to use one parking space while visiting several businesses is to encourage walking. One way to do this is by improving site design and architecture to make walking a pleasant, safe experience. Long-term policies may need to: ~ Plan for the appropriate amount arid location of necessary parking supply. These decisions will be based on the estimated evaluation of need but also will be based on site-by-site considerations. These include This mixed-use development is a perfect example of how a mu/ti-story parking garage can fit into an existing downtown. C~TY OF DENTON DOWNTOWN NASTEP~ PLAN Parking Demand and Solution The area in most need of a parking solution is the Downtown Core. This area of about 100 acres is the heart of the downtown. While other parts of the downtown have suffident off street parking fbr most demand, the core depends, more than any other part of the downtown, on a shared parhng strategy. Theretbre, we reco~mnend that the strategy for additional parking be tbcused on the core area. Shared parking strategies usually depend on at least 15 percent to 25 percent of an area's parking being available to the general public. This can be achieved in several ways, but the fbllowing are some recommended strategies for the Denton downtown plan: I) Maximize on-street parking by providing diagonal and parallel parking spaces where feasible. These spaces should be time limited so that downtown custolneFs, rather than employees or business owners, use tbenl. 2) 3) Encourage private parking lots to be available to the public after hours or during off:peak times. An example often seen in other downtowns are bank parking lots used after bouts as parking for restaurants and entertainment venues. Private parking lot owners can be encouraged to participate by having neighboring businesses provide liability insurance and cleanup se~¼ces during off hours. Provide adequate public off:street parking to handle the shared parking demand. While there presendy is adequate parking, with the downtown's anticipated growth, this supply will be exhausted in eight or 10 years. Currently, flmre is estimated demand for 2,600 in the downtown core, and the supply is 3,400, Based on the forecast increase in demand (see chart on page 9), we recommend that surface lots sufficient for 400 spaces (about 4 acres) be acquired in the next eight to 10 years, with a size and configuration sufficient to accommodate a parking structure. ~ the downtown continues to grow, parking stru ctm'es can be added over time. Other cities have found that including pedestrian-friendly uses in fl~e ~'ound floor (such as small cafes, shops and services) is extremely beneficial in eliminating the "dead zone" that can occur arou nd a parking ~cility: 4) Develop parking facilities at tim edge of tim "10-minute walk" fi'om Courthouse Square - about half a mile. This is the maximum distance most people will walk in tim United States. Designing fl~e intervening streem to be pedestrian- fliendly areas will encourage shopping and strolling. *The parking facilities can be flmded throug!! a tax increment district or a public improvement old ;text D?~AFT I ]/02 CITY OF DENTON DOWNTOWN NASTEP~ PLAN The Downtown IVlaster Street Plan At the core of this plan is developing a way to use downtown streets more eflbctively. Streets take up about 34% percent of downtown Denton's entire acreage, by far the largest publicly owned spaces in the downtown. They are well designed for through traffic but can be used much more eflkctively for other uses. Downtown streets should be viewed as multiple-use facilities, providing the following needs: Routes fi)r through traffic ~ Access to local businesses and residents ~ ~Ikansit routes and stops Most of the streets downtown have 80-fbot rights-ot:way, and a few have 60-fi)or rights-of:way (Austin, Walnut, Gedar, and Pecan). The current typical cross section has yeU, wide travel lanes with relatively narrow sidewalks. There are few areas with trees or shade and no comprehensive design fbr shade or weather protection. Also, there are few streets that are wide enough for sidewalk activities such as outdoor eating and linfited signage - the kind of amenities that encourage walking, shopping and an overall lively atmosphere. As part of the plan, there are several ahernative designs tbr improving these important rights- of-way. Each of these designs makes more efficient use of the available right-of-wa?~ reallocating wasted space into additional parking or sidewalk width. In addition, comprehensive shade and weather protection strategies are envisioned, with a formal street tree program and ways to encourage shade-producing awnings, porticoes and balconies. In addition, a master street plan is included that show's the uhimate desired street cross section tbr a particular street. While it will take many year's fbr all the streets to be completed, this master plan is intended to represent the policy decision of what the street uhimately should become. In this way, annual street improvements will provide constant upgrades to the downtown environment, as well as less disruption and expense than if the improvements occurred piecemeal. On-street parking Pedestrian travel ~ Sidewalk actMties, including sidewalk seating fbr restaurants and limited advertising and merchandising. Ut/l/zing diagonal spaces is an efficient way to create additional parking. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ 80ft ROW 60ft ROW C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ aster E~ISTING 6OFT ROW ~CO~N~ ~@FT ~OW #~ ~ECO~E~DED ~OFT ~OW #3 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ EXISTING 80FT ROW ~ECO~NDED 8@FT ~OW #~ ~ECO~ENDED 8~FT ~OW #~ C~TY OF DENTON DOWNTOWN MASTEP~ PLAN Transit - Transit Center and Other Opportunities Today Denton's public transportation system, LINK, has many of its routes available throughout the downtown, as do most successfi~l transh systems. But the downtown's role in LINK should be bolstered t~rther as fl~mre growth outlined in this plan materializes -with downtown becoming7 ~he r~rimarv ?Northern local transit hub nned County: In addition, it is in the long [erm thai commuter rah transh se~dce to Dallas will be extended [o Denton. I[ makes sense, then, to begh~ planning and designing the [ransi[ facilhies that Mil link the downtown to the rest of [he communhy and to the rest of the metroplex. Local Local transit sepdce currently provides the bulk of its service to downtown. However; we recommend that transit service in the downtown be concentrated on the streets leading to the square, so that multiple lines can converge. While we do not recommend a transit hub on the square, many of the streets just off the square provide good opportunities. These streets can be spedally designed whh improved shehers and bus pullouts to improve transit and trat'fic service. In addition, we recommend i~nplementing a "threless square" in the downtown area, so that any bus can be ridden in the downtown for short distances without charge. Ex/sting transfi route map. Proposed Yare/ess square" map. This map depicts transit streets which inc/ude: Oak, Hickory, E/m, and Locust. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ Regional Providing regional transit to the downtown is an important link. Regional and local transit services should converge at a singie spot, where transit transfers can be mad~ an:~ ~:~cracdon between Drams ~ buses ~iid [~;aln transit can occur satkly and easil}; In addition, u'ain transit in Denton probably will require substantial parban&ride and drop off facilities. Above: Ex/sting Conditions - Proposed Transit Center. Be/ow: An example of an existing inter-modal transit center. The transit center therefore will need to be a faMy substantial facility, with provision for train, bus, auto, and pedestrian use. It should be within walking distance to the downtown core, but it should be sufficiently removed so that the hea~T vehicle traffic does not disrupt the downtown environment. The ideal location would be the old Denton Passenger Rail Station - the historic train station for Denton, originally constructed in 1897 and de~nolished in 1960. Reconstructing the facility as a transit hub would provide access to downtown for a variety of uses in the downtown, fl'o~n the proposed arts walk on HickmT Street to a proposed downtown conference center. At the same time, the surrounding uses such as Gity Hall East and the Denton Gourthouse would provide other important access points. D?~AFT / [/02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ ECONO ]CS A sound economic development strategy is critical to the success of Denton's downtown plan. A strong economic development strate§,¥ will enhance the downtown's ability' to attract and recruit retail, office and residential development. By analyzing downtown Denton's economic base - including growth and decline in employment sectors, zoning, analysis of potential redevelopment sites, market overviews and key in~brmant inter,dews - strategies to induce development potential and growth can be lbrmulated. These strategies outline methods that will attract and retain employment, encourage redevelopment of unde~msed sites, strengthen the downtown's position as a center for regional retail activities, and improve the comnmnity's quality' of lift~. Procuring anchor projects and undertaking streetscape beautification are the first steps tojumpstart economic interest in downtown real estate. Downtown Denton real estate markets will respond positively to these important economic programs. Continued assistance fi'om the city' - through programs such as investments in the public infrastructure and amenities of tile downtown, cooperating in specific area plans, project packaging assistance, relaxing certain building code requirements to sd~nulate upper level housing, and other similar public assistance techniques - also will stimulate economic growth. A realistic assessment of the market potential fbr Denton's historic downtown area is a critical element of the downtown master plan. Knowing the types of development most likely to occur in the area will help guide local planning decisions now and in the Based on Denton County central appraisal district records, the total square footage fi>r tile downtown study area is about Z6 million square feet. Of this figure, 82 percent of tile square fi>otage is commercial property; while 18 percent is residential. Tile downtown area has remained heahhy with a relatively high occupancy rate (90-100 percent), especially in the historic square (99-100 percent) district. C~TY OF DENTON DOWNTOWN MASTE~I PLAN Forecast for Downtown Growth Forecasting the downtown's possible growth during the next 20 years is difficult. Under current trends, the downtown would see little change; and perhaps employment and population would even decline. However; this plan is intended to increase the downtown's share of Denton County's regional prosped¢ Developing this plan requires making some assumptions about how much growth is reasonable fbr the fim~re. The assumptions we will use are tbr 1.5 million square fk~et of commercial building, 500 new housing units, and 250 new hotel FOOHIS. The range of possibilities is best considered when the downtown is seen in context with possible employment growth in Denton County: The county has tripled in size in the last 20 years - ti'om a population of 146,000 in 1980 to more than 437,000 toda}~ Employment grew even faste~; from 51,000 to 169,000 jobs during that same time period. While there is no historic downtown intbrmafion in 1980, the general consensus is that downtown did not keep pace Mth Denton County; growing little during dfis time. Denton County is tBrecast to nearly double in size during the next 20 years, growing to a population of 7.57,000. Employment is expected to keep ~2 pace, groMng to nearly o00,000 S me fines written oold !qere, o,q. 24 the growth of manufacturing jobs, most of the employment growth (65 percent) will be in the fields of services, retail, and financial, insurance and real estate. Population & Employment Chart Nmneric Percent Area 1995 2025 Growth Growth City of Denton Population 62,450 132,700 70,250 112% Households 26,950 51,700 24,750 92% Jobs 41,700 65,850 24,150 58% Denton County Populadon 320,550 794,000 473,450 148% Households 117,000 293,900 176,900 151% Jobs 94,750 244,800 150,050 158% Indexed Projected Population Growth, 2000-2040 3.00 I 2,80 2.60 2.40 2.20 2.00 1.80 1.60 1.40 1.20 1.00 2000 2005 2010 2015 2020 2025 2030 2035 2040 Source: Texas Sta~ Data Center Denton County Texas D;~AFT I [/02 C~TY OF DENTON DOWNTOWN MASTEP~ PLAN These are areas where healthy downtowns traditionally can compete with suburban locations t~r a share of the new jobs - heahhy downtowns can absorb fi'om 15 percent to 30 percent of regional job growth. Given the tbrecast of 85,000 new jobs in this sector, a 10 percent market share is an attainable goal ~br Denton. This would result in an increase of 8,500jobs during a 20?ear period in the area covered by the downtown plan, or about 425 new .jobs per yeah While there is no data for the amount of growth that occurs through infill or expansion of existing buildings, experience shows that 45 percent to 80 percent of new e~nploy~nent growth in downtowns is absorbed into existing buildings through redevelopment. It appears that Denton could absorb a considerable amount of new e~nploy~nent growth in existing buildings, especially in second floors, or by replacing existing uses with more ones that are more employment intensive. &s a resuh, we estimate that about 50 percent of the new employment growth Mil result in new buildings, or approximately 1,500,000 new square fbet in building - about 75,000 square ~bet per year, on average. In addition, with the tbrecast increase of more than 125,000 new households in Denton Gounty, there could be demand tbr at least 1 percent tbr ~nixed- use, downtown housing. In fact, many re'ban areas now see fi'om 3 percent to 5 percent of total housing demand as part of the so- called "urban" product - rentals of condos in or near downtown locations - from traditional downtowns like Houston's, to new downtowns such as Addison Circle in the [)alias area. This housing product is available in small quantities in downtown Denton, but demand is strong, and other Texas cities have had considerable success in developing a downtown market, The estimate, then, is that 500 to 71,000 milts of downtown area housing is reasonable. zks for hotels, we estimate that the minimmn of 250 rooms would be attracted by a revitalized downtown m,:d w,3uldind~dc , ~and perbrmmq arts~ a conference center. ~or me purposes of planning the land- use, transportation and parking needs of a revitalized downtown, we have used the following development program (see table below). While this is higher than what is reflected in recent trends, this amounts to only 8,500jobs out of a total of ~nore than 130,000 in the next 20 years. That represents only 6.5 percent of' the total. Development Program Table Total 1,175,700 1,675,000 DRAFT I 1/02 CITY OF DENTON DOWNTOWN MASTEP~ PLAN SUB-AREA PLANS One of the workshop results was to dMde the downtown plan into sub- areas - since there are several areas that are part of the downtown but have diflbrent circumstances, needs, policies and investment opportunities. There are two broad categories of sub-areas: those that are likely to undergo "little" change, and those likely' to see "m4}or" change. Downtown Districts Map Through Streets Downtowr Minor Streets O~en S~ace 5O0 r 50~ ~000 Feet re onese Df'~AFT / I /02 C~TY OF DENTON DOWNTOWN MASTEP~ PLAN Sub-areas With Little Change 'l\vo sut>areas that likely will undergo little change are the Ehn and Locust areas (a panhandle that extends from the downtown to University) and the Stroud neighborhood (a fairly intact neighborhood of homes in the downtown area). Elm and Locust Area Elm and Locust streets will see substantial redevelopment and infill, especially with a revitalized downtown. However, the streetscape is well designed tbr the area with sidewalks and street trees, and the current Denton Develop~nent Gode provides an appropriate mix of uses and development standards. With good access to the downtown and TWU, it already fhlfills its role as a gateway' to the downtown and essentially is ready for additional infill. There{bre, the plan has litde to add to this area that has not already been done. Stroud Neighborhood The Stroud neighborhood is an area of primarily single- family homes. This neighborhood is well developed, with potential tbr small-scale residential infill. Similarly to the Elm and Locust area, it has appropriate zoning and sufficient development standards, and theretbre needs little additional work in this plan. It will prosper as the downtown is revitalized and develops but should remain a quiet residential area in the downtown. jsom e lines mentioned inbOld Pg 1:27: J CITY OF DENTON DOWNTOWN [~ASTEP~ PLAN "Spotlight on Denton" Sub-areas With Major Change Denton Core m Major Advantages Denton's core is the heart of the downtown. It contains the most successfld group of business uses and currently is the area with the highest rents, indicating the most success ~br locating businesses. This core contains historic buildings and some of the best new buildings in the downtown. Any revitalization will need to start here and spread outward. There are, however; some significant issues that must be addressed to expand the downtown's vitality: m Major Problems The downtown suffers from some problems that prevent successful revitalization from spreading much beyond Courthouse Square. One m4jor problem is the streetscape, which contains few pedestrian amenities. Ideally, the streetscape should provide a basic range of amenities, such as trees tbr shade, a Mder variety of uses and buildings near the sidewalk, and some daily activity on the sidewalks to spur greater pedestrian ~novement. The plan should address this area as a beginning point. The tbur narrow streets around the square (list) have no street trees but unfortunately do have trash containers in the street itself. Because they function in a sense as alley's, with access to the backs of buildings tbr deliveo; utilities, and waste, they provide difiicuh design challenges. On the plus side, they are ve~7 wide for alley's and have business frontages as well. These streets need a comprehensive design solution that will retain the access needs of the businesses but provide a pleasant environment as well. C~TY OF DENTON DOWNTOWN MASTEP~ PLAN In addition, this area is one of the I~w in downtown whh a parking deficit throughout the da}: Additional parking should be provided here first, by redesigning the streets into diagonal parking (increasing the parking capacity by 50 percent) and providing new public parking lots at the periphery of the core aFea. Proposed Plan Streetscape Solution The master street plan proposes a design solution that ~mproves the parking, trash and sidewalk environment while retaining adequate traffic capacity. The plan can accommodate on most streets a capacity tbr activities such as sidewalk seating for restaurants and some limited merchandise displays that encourage, , walking,. In some areas, it also provides fbr consolidated waste containers, which are screened fi'om view-. will compliment the idea of a street for strolling, and this will also lead to additional business development in the Downtown. Shared Parking Proposed parking facili ties have not been located, as they may need to be purchased from private parties. However, this plan recommends acquiring public parking areas at the periphery of the downtown core. In addition, several current parking lots have limited use dm'ing the day but could be available in the evening. The plan recommends developing city policies and programs to encourage those business to provide public access parking alter hours, in exchange for insurance coverage and lot maintenance. The Hicko~7 Street Art Walk is a proposal that ilks into this category - the idea is to encourage galleries, restaurants and other uses to concentrate on Hickory Street - the proposed street improvements CITY OF DEI~TOI~ DOWNTOWN M,ASTEP~ PLAN !active fountain mentioned in bold, !pg. 30 Shade and Cool (Porticoes, Awnings, Balconies) Shading downtown streets is essential in Denton's warm climate. Traditionally, chy cores in hot climates have extensive shade- producing devices, such as awnings. In addition, some downtowns allow or even encourage the construction of balconies or porticoes that extend over the sidewalk, providing both shade and additional square footage to the buildings. These require a permit tur construction in the public right-of-way; but encourage the retail, hotel or restaurant use in the second stories - cmTently under used in many ex~sting buildings. While it may not be appropriate in Fam/lies enjoy cooling down/n a public founta/n. Shade from an awning helps to create a pleasant s/dewa/k cafe. the historic square, on many surrounding streets this would provide both shade and an inducement to invest in new or redeveloped buildings. Active Fountain Many downtowns in hot climates provide fountains as a way of cooling the air; masking traftic noise, and providing a gathering spot. While it doesn't provide a specific location, this plan recommends that a fbuntain be developed as a way to meet all three goals. In recent years, active interactive tUuntains have become populan These often become popular gathering spots in the summe~; providing an attraction to the communiW tbr an entertaining evening downtown. This facility' would gready enhance the downtown as a destination for people and th~nilies in Denton. D~AFT I I/02 CITY OF DENTON DOWNTOWN NASTEP~ PLAN North Downtown Major Advantages The north downtown area has many advantages - it proximity to the core, Civic Center Park, TWU, and the popular' "Cupboard Natural Foods and Cafe" (downtown's only grocery store). It also is an area with lower rents, providing opportunities ~[br new businesses and residents. which lend themselves to the mixture of land uses envisioned for this area. The CMc Center provides a large green space, as well as cMc uses, in the midst of' the downtown area. The park uses in particular should be enhanced and the master plan for the Civic Center park i mplemen ted. Major Disadvantages Its disadvantages include some buildings that are under used and somewhat run down, a lack ora defining character, and a poor streetscape with narrow sidewalks. Solution This area lends itself to a nfixmre of uses but is especially attractive for residential or nfixed uses. It also is attractive for small offices, again with a complementary mix of uses. The current zoning permits this with fairly liberal parking standards, and with a slight increase in rents redeveloping some parcels is financially feasible. Example of a mixed-use building in Houston, TX. The street improvements proposed here primarily are wider' sidewalks and street trees, C~TY OF DENTON DOWNTOWN M,ASTEP~ PLAN Above: Example of a success furl confer- ence center. Be/ow: Locat/on map of hotel and confer- ence center. ~ South Downtown (Conference & Arts Center) Major Advantages The south downtown area has some of the m4ior advantages in tile downtown - it is relatively undeveloped or has low value buildings, is within easy walking distance to the downtown and is close to UNT It currendy has some transit service and is close to the new proposed transit center at the Denton Passenger Train Station. Because of' this, it has a high reinvestment potential. In our redevelopment analysis, this area would be most likely to attract reinvestment. Major Disadvantages Conversely; this area als{) has the greatest existing disadvantages. Its current perception of low value in the marketplace makes reinvestment under existing conditions unlikely. It has some major infrastructure problems. Like other areas in tile downtown, it would benefit from streetscape i~nprove~nents. However; it also has major drainage and flooding problems. When away fi'om the area's m4jor streem, the casual shopper has little incentive to visit the area. Some of the uses are somewhat incompatible with a resurgent downtown, although small- scale manuthctm'ing could co-exist with other downtown uses. Solution This area would benefit most fi'om a more proactive approach by the City' of Denton. Assuming that a Tax Increment Reinvestment Zone (TIRZ) is tbrmed, several major initiatives would boost this area's potential. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ Acquire and assemble sites in the area of the Pecan Creeh floodway. This would allow the City to resoNe a long-standing flood hazard and also to assemble sites for some of the larger uses proposed in this plan. Develop a business planfor a combined arts and conference centez Denton has long expressed a need and desire for a performing arts and conference center. This area would be close to the downtown square and also to the transit center - providing mutual benefits for everyone. A large site could be assembled that would make its development l[~asible. Above: Acquisition of Pecan Creek floodway. Be/ow: Conference center examples. It appears that timber investigation is well warranted. A preliminary study' by TIP Strate~es (Appendix B) reached the following conclusions: ~ The county is home to a number of major corporations that could serve as an excellent som'ce of meeting activity. ~ From the standpoint of attracting outside events, Denton faces competition for convention activity within the Metroplex. ~ The size and strength of' the Denton economy strongly suggests that more meeting space would be beneficial to the city. 0 Most major employers interviewed for this study indicated an interest in using a new meeting facility in the cit): 0 Lack ora resort-quality hotel presents another obstacle to the success of a convention center in Denton. 0 There is a sufficient econmnic base to support public events, lectm'es, exhibitions and trade shows. O Parking was seen as a key concern if such a t:acility were to be located downtown. 0 The presence of a high-end hotel could serve to create a destination that would make the area more attractive to meeting planners. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ ~ Our prelimina~7' analysis indicates that Denton should proceed with a more detailed study regarding the construction of a small convention or civic center as part of its downtown plan. ~ How'eve~; there are several conditions that should be met to ensure the success of such a facility, including: linkage to a broader community plan (that incorporates enhanced parking, pedestrian access, and suppor~ from surrounding amenities), connection to a hotel, a flexible and scalable design, and an aggressive marketing plan. Therefore, it would be an important first step to develop a financial strategy and support mechanism for this thcility. Develop this area as a combined conference center and performing arm cente~; with additional uses of a major hotel and possible local museums Assuming that the business plan works, several sites could be developed with the following uses: a combined conference and performing arts cente~; a high quality hotel, and a local museum. These could provide a venue ~br some of the cultural and entertainment effi>rts already This investmem would provide a stimulus to the immediate surrounding area, as well as the rest of the downtown. Streetscape solution: The streetscape solution is to rebuild the local streets with a cross section that would add wider sidewalks, street trees and diagonal parking. The Tex/can Restaurant. Df'~AFT I [/02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ OVERALL BENEFITS OF attract industries, one of the most that are successfid in attracting THE PLAN important in our technology and retaining the creative class driven world is creativi¢ And prosper, those that fail don't." · . . ~ ~ moved I If tiffs plan is hnplemented, industries that need creauve .~ , ,~ there will~ be ~nany benefits to the people tend to locate in. ith.two_ large universities, a head downto,,n and to the enth-e city, communities t,h Tm. ?tart in.ri, re?it, and positioned including the tbllowing' Austin__) [~ovi~ the benefits of being in as, attracts people with a close to Dallas-Fort Worth varie, of amenities- a thriving Metroplex without the headaches, 8,500, yielding an annual payroll 0f ox/er ~1200 niiiii0n doiiars The improvemen ts anticipated by this plan would cover 1.5 million square feet, and be assessed at over 125 million dollars. While this has definite economic advantages, the reasons to have a vital downtown are also musical scene, ethnic and cuhural diversity', and great outdoor recreation. The author Richard Florida has ranked several cities in regards to their ability to attract creative people, and in Texas, Austin, Dallas and Houston all made the top ten (along with such places as San Diego and Ghapel Hill, North Garolina.). To quote M~: Florida, "Places difl:icult to quantif}¢ Downtowns ]mo----6--~[~ pride and identity. T!~e P!~i5 implementation would change the appearance of the downtown, not radically; but while keeping its essential Chara~terl it would become much more desirable and attractive. Denton can thrive as a center of the creative industries - some of the best paying in the thmre. A thrMng Downtown with places to work, live, and play may be much more valuable then just the business it generates - it would lift Denton on the radar screen of places that creative people, and the industries that employ them, live and work. The Greative Industries. One of the benefits of an active downtown is that it tends to attract people with a creative bent. While different things A key benefit of the plan is the increase of employment opportunities in the downtown area. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ I prove~en Df~AFT / //02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ I prove~en C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ al CITY OF DENTON DOWNTOWN NASTEP~ PLAN IMPLEMENTATION Any plan is only as good as its implementation. This plan is designed to produce change. Therefore, the challenge of achieving the vision of the plan falls to a step by step process that builds momentum on its success. If the first steps are not successflfl, it will be difI~cult to maintain momentum. Therefore, the plan is designed to start whh some significant, but short term and inexpensive steps. The plan then lays a strategy for the financing of the longer term, ~nore significant steps. These steps will be several years m, va}~ but by then the potential of the Downtown should be obvious. The incremental approach also allows fi)r ar!justments in changes to the market, to which ideas are working, and to respond to the changing economic forces that will be at work in a dynamic downtown. Like the ancient martial art ofjvjitsu, the momentum of the downtown should be used to carry it forward with more energy then starting from a dead stop. The Strategies are divided into Regulations, Public Investments, Long ~lbrm Improvements, Partnerships, and Financing Tools Regulation Zoning For this plan to be eftbctive, several key steps should be taken. Often, downtown plans need to undergo a major rezoning or develop an entirely new zoning code. However, since Denton recently underwent a major revision of its development code, this is not necessao'. This presents a major advantage that many cities do not enjoy. Denton's cun'ent code permits all the uses envisioned in the plan and includes parking and development standards appropriate to downtown. The only suggestion that should be investigated is a special development code for the downtown core - those blocks that face the square and the surrom~ding "alley" streets. As noted earlier; this is an area that could benefit from more explicit Mixed-use designs such as this, provide the setting for friendly interaction and public safety in Downtown Denton. CITY OF DENTON DOWNTOWN MASl'EP~ PLAN Sidewalk Use Regulation Other regulatm-y changes that should be implemented are those that govern the use of' the public rights-of-way in the downtown. These are of two types: those that regulate and allow architectural pr~ections over the public right-of-way (namely, arcades~ porticoes, and balconies), and those that regulate the tempora~-y use of the sidewalk for commercial enterprise (such as sidewalk restaurants, signs, displays of merchandise, and vending carm). This plan recommends that regulations be adopted for permits that allow s/dewalk seating ~ Architectural Projections Permits This plan encourages the extension of shade- producing structures over the sidewalk, especially where those sidewalks are widened to more than 10 feet. While shallow awnings do not need supports, shade protection that covers the sidewalk often can involve supports on the sidewalk in the fbrm of' columns. These should be permitted with certain conditions, namely ensuring that the public use of the sidewalk continues, that there is sufticient clearance both vertically and horizontally, and that the conditions fk)r their temporary or permanent re~noval is spelled out when it applies to a public right- of-way. A balcony also may be formed to provide shade and also a unique seating area on the second stoo'. These often are useflfl for restaurants and hotels and can stimulate development within second stories of buildings. These structures should be covered by a sidewalk use permit ordinance that spells out the standards and conditions of such uses and ~ Sidewalk Use Permits A second categoO' is the use of sidewalks tbr commercial purposes. This is one of tire easiest ways to enliven a downtown, since it draws people and acdvity to the sidewalk areas. Where sidewalk widths exceed 10 feet, narrow tables can be used and still allow the minimum travel width necessary' (five or six feet in most jurisdictions). When the sidewalk is wider, an area can be enclosed for fl~ll table seating. In addition, some small "A-fl'ame" signs can be accommodated. On a cautionary note, however-, this type of' signage should be regulated. Competition customers may lead to chaos and overly aggressive displays. This plan recommends that regulations be adopted permits that allow sidewalk seating, specifying the location of tables, the width of unobstructed walking area, and the owner's responsibilities tbr cleaning and trash disposal. In addition, regulation of' sidewalk signs should be included in a sidewalk use ordinance. structures. DRAFT / I/02 C~TY OF DENTON DOWNTOWN MASTEP~ PLAN Public Investment A major opportunhy tbr the City to begin implementing this plan is to invest in so~ne small targeted public improvements, plan fi)r consolidating trash in each block and provide a COHIHIOn, screened trash area. The recommended sidewalk and parking improvements should be i~nplemented as well, while at the same time laying the bringing attention to that area Imoved here and written foundation for the downtown to and stinmlating investment. ~Jn~ bold finance its own improvemen~ This should be seen as through a TIRZ7 ~!i~5 I}!4n do~5 demonstratiTn e not aav0cate a ma}or large: do~~; along with -- ~~. scale in(es~nieii~ ~ bii{ ra~ii~r ~0 · ementing sidewalk uses such' create a strateg~y that will allow as outdoor seating and balconies. the downto~ n s growth and ,Pr0sPcrity t0 pay tbr inYcstn!ents~ Short-term Improvement The following should be funded and implemented within the first year of adopting this plan ~ Streetscape and trash disposal in the "alley streets" (Austin, Walnut, Cedar, and Pecan) These four streets show the most potential for economic growth and reinvestment. However, they are hindered by the unattractive streetscape, the lack of shade and weather protection, narrow sidewalks, and the location of trash containers on the street. The City should develop a An example of how trash can be consolidated within each block by providing a common, screened area. CITY OF DENTON DOWNTOW~ MASTEP~ PLA~ ~ Signage and Way Finding The way finding map shows the preferred routes between downtown and major streets in Denton. These should be approprbtely s~gned. On- street parking should be advertised~ and public otIZstreet spaces should be advertised as well. Transit Preferred Routes to Downtown Currently, the LINK transit system includes several routes that go thorough the downtown. These routes should be concentrated on Locust, Ehn, Hickory and Oak streets, concentrating transit service in the downtown and increasing hs frequency. These streets, designated as "busways,' should be next on the list for improvemenm, including a coordinated transit stop and sheher program. The downtown then should be declared a "threless square" that allows riders a free ride within the downtown area. For a mhfimal cost the downtown can have the tBncfional equivalent of a shuttle, and the transit system gets better v~sib~lhy and an introduction to IleW users. University Oak St .,c~o~y ~ McKinneY S! [ CITY OF DENTON DOWNTOWN MASTEP, PLAN ~ Festival Streets The streets in the square and the "alley streets" around the square should be designated "festival streets," with plans tbr closing them to traffic for downtown festivals, such as Dog Days. After the streetscape improvements mentioned above have been made, these t~stivals are an important tool for reintroducing the downtown to Denton residents and visitors. Additional festival activities should be scheduled several times a yea~; ~ Farmer's Market The festival streets and the square should be the site of the Denton farmer's market, which is a traditional downtown activity. In addition, a market that sells local handcrafted goods during the holiday' season is an idea that has become popular in other downtowns. Farmers markets help to st/mu/ate the local economy, and provide a p/ace for social interaction. DRAFT I //02 i C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ Notes in bold letters lwritten here, pg. 42; ~ Access Improvements Drawing people into the core business district is crucial to revitalizing Denton's downtown. Therefore, fast and easy access is imperative. It is necessary to get everyone - residents, employees, shoppers and visitors - in and out of downtown quickly and smoothly. Roundabouts are great tools to improve access to Denton's Downtown. Modern roundabouts are one of the safest tbrms of tratlic control in the world; they slow vehicles and provide rethges tbr pedestrians, in addition to being aesthetically pleasing. Roundabouts are a popular alternative to signalized Current conditions - intersect/on of Eagle, Be//and Da/las Drive. An example of a possible design for the proposed roundabout. intersections, and at many locations they move traffic much more etliciently and sa~ly than signals. A roundabout is recommended at the junction of Eagle, Bell and Dallas Drive, located in the southeast corner of the downtown. This intersection is a peri, ct candidate ~br a roundabout; it is a heavily utilized entrance into the core. Incorporating the roundabout with the adjacent Dallas Drive rail bridge could mrn the site into a land~nark or gateway into the downtown. I lOne more sentence tadded as the last line on lpg. 42 CITY OF DENTON DOWNTOWN I~IASTEP~ PLAN Long-term Improvements In the long term, there are several activities that must be undertaken if the downtown is to reach its potential. Just as a healthy downtown requires an ongoing commitment fi'om the City, downtown imelf must develop some hs own reliable sources of income and energv. Most successt~l downtowns may be started by a city ~n~fiative, but their success generates both the income and the support tbr continued involvement. Therefore, while the short- term activhies are important, a commitment for long-term solutions is more important if the downtown is to continue [o grow during the next 20 years. The following acfivhies are essential over the long term: ~ Formation of a Tax Increment Reinvestment Zone (TIRZ) ,&s detailed below in the tools section, formation of the TIRZ is an important early step. Several additional steps should be taken first, including determining the necessary studies to be done, determining tire location of tire area's boundaries, developing a specific plan that is part of the TIRZ formation, and appointing a board of directors to implement the TIRZ. However, this plan depends largely on the TIRZ to develop fimds for ongoing improvements. The TIRZ also creates an institutional downtown structure that is important to sustain downtown actMties over time. ~ Streetscape After the initial streetscape improvements, this plan recommends that 800 linear feet be improved per year, drawing ~nds fi'om the city's transportation flmds, the TIRZ, and potentially fi'om a public improvement district (PID) where needed. These improvements should be directed to that part of the downtown that is most active in new investment and economic growth, or where the investment can be used to leverage private investment. ~ Transit YVith th~brmation of a Denton ~Countv~ lransportation Authority, transit will receive more attention in Denton County. The downtown can flmction both as a transit hub, where local and regional transit come together, and as a source of riders and destinations. Consohdatmg transit lines in the downtown into bus ways and the threless square should be expanded, and options such as bus rapid transit (a bus system that o~)erates ~,~ ................ the advantages of ~~Tbut at substantially lower costs) should be investigated as a way to enhance local transit service, as well as the downtown. Bus Rapid Transit (BRT) has many of the advantages of a rail system at a greatly reduced cost. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ ~ Fountain Placing an active fountain into the downtown area is something that should be seriously considered in the long term. The location is not specified, as its construction must be strategic. But there is no doubt that a fimntain will enhance the downtown's attractiveness to the community, improve its environment (especially during hot weather), and attract residential uses in its vicinity: ~ Parking Lots and Parking Structures While there is sufficient downtown parking in the short term, there should be plans to pm'chase additional surface lots with income generated from the TIRZ. These parking lots should be developed as surI:ace lots but sized tbr parking structures. Parking structures will become necessm7 in 10 year's as the downtown's success brings in more business, but the ti~ne to purchase and plan for the land required is in the near term, before the need arises. ~ Arts and Conference Center and Hotel One of the most ambitious parts of this plan is the idea of developing and locating an arts and contbrence center in the south downtown. This warrants additional examination, along with developing a business plan and pro-forma analysis for this development. Arid assuming such a center is feasible, the next step is acquiring the site arid selecting a developer for the preject. While this may take many year's to implement, the complex process arid related activities should be supported by the City' initially (for the studies) arid eventually by the TIRZ (for property acquisition arid packaging) Df'~AFT I I/02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ The "Point" in Denver is an example of partnership between two non-profits and public agencies. Partnerships The role of public and private partnerships is an important one for nlost successflil downtowns. Ill a sense, the public investments should be timed and located in areas where the private sector is investing or bas indicated an interest in investing. Public improvements such as streeucapes, parking facilities, or other improvements carl encourage or even leverage private improvements in the downtown. These private improvements will create increased property tax assessments, which in turn will create more revenue improvements under a TIRZ. Theretbre, the City should develop and maintain a good relationship with property owners, investors, and developers ill the downtown so that it has accurate information on where its investnlents can be best leveraged by private investments. Another tool often used by local governnlents in downtowns is the Specific Area Plan. This is a process where the local government or downtown Board of Directors develop a specific plan, including some preliminary architecture, fbr bow parcels will develop. This plan, when adopted, allows construction to commence with a simple building pernlit application - all the approvals have been processed with the specific area plan. This is usually done in partnership with the property owners, neighbors, other downtown interests, and sometimes the developer of the project. Costs are often shared with the owners and the develope~: This allows a coordinated and unified vision to be developed without any purchase of land by the Downtown agency2 and allows develop to proceed in a manner more compatible to the private sector; without ignoring other local interests. Best of all, once the plan is complete, a certain outcome and reduced red tape brings stability' to surrounding neighbors and certainty to the developers. This tool should be prepared and readied, but its use needs to be strategic, responding to a short term need. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP~ PLA~ Financial Tools Financing improvements and services to implement the downtown plan can be done with either or both of two special districts allowed tinder rlbxas lax,~ (There are several other specialized financing mechanisms for particular types of pr(}iects, e.g., venues may be financed with a variety of special taxes. In addition, tax abatements sometimes carl be used efl'ectively for economic development). Tile first special district is a tax increment reinvestment zone (TIRZ), in which all or part of the tax revemle increase over the base year' is rei~wested irt public infrastructure within the zone. The TIRZ is the state legal term for tax increment financing, used in many cities and states. The city council establishes the zone, either fi'om its own initiative or in response to a petition by the property owners. The property owners within the district pay the same taxes as they would if the zone did not exist; the diflbrence is that any increment over the base year a~nount is set aside fbr the purposes listed when the TIRZ was established. Tax increment financing is most efficient when tile project being financed will generate most, if not all, of the increment. PrRject costs can include capital costs (the acquisition and construction of public works, public improvements, new or existing buildings, rehabilitation costs, demolition, land and clearance costs); financing costs (including all interest); real property assembly; relocation costs; proIbssional se~xdces; and creation, organization and administrative cosm. Projects that are implemented prior to an increment being realized often are financed by a developer and later are reimbm'sed as an increment is realized, or through the issuance of bonds. Pr(}jecm also can be financed on a pay-as- you-go basis. The TIRZ will generate the most revenue quickly if it is established when property' values are low and when there is a single large development within the zone that will become tbasible whh the help of the TIRZ improvemenm. TIRZ's can be city-initiated, if it consists of less than 10 percent residential land area, or by a petition. TIRZ's that are created by petition must be submitted by owners of property constituting more than 50 percent of the appraised value of the area. Additional areas can be annexed into the zone at a later time through an initiative by the City, if it meets the less than 10 percent residential rule, or by property owners' petition. Another key factor for a TIRZ is the participation of more than one taxing jurisdiction. If the City is the only one, it is simpler to have tile City allocate the tax increment each year and not set up another layer. At a minimu~n, the County needs to participate. State law (Ch.311, Local government code) mandates the size and composition of the board of directors for a TIRZ. The City may delegate to the board any powers granted under state la~¢ except t~)r eminent do~nain and t~ing powers. Powers include land-use controls, in special cases; design standards; recommendations fi)r the administration of the zone; and, powers to implement a pr¢liect and financing plan. Df'~AF7 I [/02 C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ Public Improvement Districts (PIt)), or their even more powerfi~l cousins, Municipal Management Districts (MM[)), can provide infrastructure and/or services. There is no size restriction, and they can be layered. They are limited only by the willingness of property owners to pay additional taxes. The PID is established by a City- in response to a petition fi'om tile property owners. The petition includes tile boundaries of the district, tile maximum tax rate, and a service plan and budget describing the purposes of the district. MMDs are established by the Texas Natm'al Resources Conse~x, ation Commission in response to a petition of the property owners. The powers of an MMD are broader than those of a PID, but they are sinfilar in tile flmdamental idea of property owners being allowed to tax themselves additional amounts in order to fired infrasm~cture and se~Mces tbr a special district. It is possible to combine both a TIRZ and a PID or MMD. This has been done in several zones, for example, in the City' of ttouston. If the improvements in Denton are a general package of services and infl'astructure, a combination of PID/TIRZ might be the best way to get the prqjects built. The petitions tbr the TIRZ and the PID are drawn up at the same time, covering identical areas. The PID has an "up to" tax rate, with language added so that the revenue fi'om the TIRZ is used to off, et at least part of the t~ in flmn'e years. A combination of special districts allows prq}ects to be financed, because the bonds are backed by a t~. The property owners have the assurance that the PID t~ will go down as the tax increment revemle rises because the Boards of Directors of the PID and the TIRZ (which can and should be overlapping) represent, at least in part, the property owners themselves. It should be noted that these districts and their associated organizations do not have to be the actual working partners. The TIRZ and the PID can contract with an appropriate nonprofit entity, such as an association of property owners within the district, to carry out tile program of the district. State law allows several mechanisms to finance economic development. The PID/TIRZ combination oft~rs downtown Denton an opportunity to finance needed projects within a framework of empowering the property owners of the district. C~TY OF DE~TO~ DOW~TOW~ ~A~TEP, PLA~ Notes in bold letters added here, pg. 50; CONCLUSION Jumping on the Cycle of Success and Reward This plan constitutes an ambitions vision and plan of action that will transtbrm downtown Denton into a center of economic growd~ and conmmnity pride. While this may seem daunting at first, it is important to proceed with a sense of balance - enacting an ambitious vision while also proceeding thoughdhlly and cautiousl5 There is a cycle of success and reward that should be followed -with small, relatively inexpensive steps taken at first, evaluating their success, and then taking larger, bolder steps as confidence and knowledge~ , escalates. Even small changes can build confidence in the downtown's investment potential, but nothing will be as eflk~ctive as the City's denmnstration of a long-term commitment to the downtown's success. The best way to sustain this is to create and publicize a number of successfial projects. This is best accomplished by a measured approach, working in tandem with private investors and monitoring those ideas that work best for Denton. While this plan is ambitious and bold, the unique place Denton holds in north central ~Ibxas, its historic character; the artistic nature of the Denton community, and the robust growth of this area all bode well for the plan's success. With the appearance of smaller "new" downtowns in the suburban areas around Denton, it is clear that the time has come for the unique benefits ora central downtown to be part of the area's prosperit}: Now is the time fbr downtown Denton to take its place as the preeminent urban center of North Central qkxas. DRAFT I I/02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON ADOPTING THE DOWNTOWN MASTER PLAN, INCLUDING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR DOWNTOWN AREA IMPROVEMENTS; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has formulated a comprehensive plan adopted by the City Council on December 7, 1999; and WHEREAS, the Comprehensive Plan sets a framework for planning and strategy development for the entire City of Denton, including a Small Area Planning Program, that supplements the comprehensive plan with more detail necessary to guide everyday community development decisions; and WHEREAS, the City Council adopted the Small Area Planning Program on January 6, 1998; and WHEREAS, the Downtown planning area is identified as the area bounded by University Drive to the north, Locust Street and the Missouri-Pacific Railroad tracts to the east, Eagle Drive to the south, and Carroll Blvd. and Elm Street to the west which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Downtown Area"); and WHEREAS, the Downtown Master Plan on file in the City's Planning Department, a copy of which is attached hereto as Exhibit "B" and made a part hereof by reference (the "Downtown Master Plan") is the fourth in a series of small area plans to build on the work of the comprehensive plan; and WHEREAS, through a review process with Downtown Area residents, business owners and other area stakeholders, a fi-amework of recommendations on furore land use, transportation and public improvements has been formulated to assist with future decision-making and case-by- case development of the Downtown Area; and WHEREAS, on May 14, 2003 the Planning and Zoning Commission conducted a public hearing on the Downtown Master Plan and made its report and recommendations to the City Council; and WHEREAS, after conducting a public heating, the City Council finds that the Downtown Master Plan is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference Section 2. The Denton City Council hereby adopts the Downtown Master Plan and its recommendations. Section 3. approval. ThiS ordinance shall become effective mediately upon its passage and PASSED AND APPROVED on this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: By: t.,- t.-v f EXHIBIT "A" The Downtown Master Plan study area, which includes the historic Courthouse Square, encompasses 440 acres (60 city blocks) and is home to more than 1,000 buildings. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 23, 2003 Planning Departmem Jon Fortune, Assistam City Manager SUBJECT - SI03-0002 (Subchapter 9- Manufactured Homes) Hold a public hearing and consider adoption of an ordinance regarding amendmems to Subchapter 9 (Manufactured Homes) of the Developmem Code. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicam: City of DeNon, DeNon TX Over the past several momhs, staff, in conjunction with the Chamber of Commerce's Developmem Code Committee, has reviewed the requiremems of Subchapter 9 (Manufactured Homes) of the Developmem Code. The manufactured home regulations were not revised as part of the Developmem Code adoption. The "old" manufactured home code was simply reformatted. The intent was to allow time for staff and interested parties to get together and revise this section and bring it forward for adoption at a later date. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW March 26, 2003 - P&Z Work Session April 23, 2002 - P&Z Public Hearing FISCAL INFORMATION N/A ATTACHMENTS 1. Staff Analysis 2. March 26, 2002 Planning and Zoning Commission Work Session minutes. 3. April 23, 2002 Planning and Zoning Commission Public Hearing minutes 4. Draft Ordinance w/ "Exhibit A" identifying redline strike out version amendments of proposed Respectfully submitted: Assista~nt Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request Over the past several months, staff, in conjunction with the Chamber of Commerce's Development Code Committee, has reviewed the requirements of Subchapter 9 (Manufactured Homes) of the Development Code. The regulations were not revised as part of the Development Code adoption. The "old" manufactured home code was simply reformatted. The intent was to allow time for staff and interested parties to get together and revise this section and bring it forward for adoption at a later date. Attachment 4 (Exhibit A) includes the proposed changes to the subchapter indicated by the redline strikeout text for deleted text and underlined blue text for new text. The primary focus of these changes was to reduce redundant and/or conflicting language already stipulated in other parts of the code as well as eliminating numerous obsolete requirements. Recommendation: Staff recommends that Sub-Chapter 9 of the Development Code be amended. CondonseItTM i PROCEEDINGS 2 COMMISSIONER APPLE: okay. I'm going to go 3 ahead and convene the Work Session for the Planning and 4 Zoning Commission for Wednesday, March 26th, 2003. Mr. 5 ReicEhart. 6 MR. m~ICHH~T: Thank you. First thing on 7 our Work Session is discussion on any items on the Consent 8 Agenda. Pll let you know, staff is requesting we pull 9 Item No. 3. That's me final plat at Teaslcy Harbor. We 10 were anticipating that the CLOM~ would be returned from 11 mm. rt hasn't. 12 COMMISSIONER APPLE: 3A, B or C? 13 MR. m~ICHmmT: oh, I'm sorry, C -- 3C. t4 COMMISSIONER APPLE: okay. Thanks. 15 MR. REIC}m~T: C. Thank you. Teasley 16 Harbor. We thought the CLOM~ would' be back from tmMA. 17 It isn't, SO we're pulling it. 18 COMMISSIONER APPLE: okay. 19 MR. REICHH,U~*: Can't approve it. And if 20 there's any other questions, I'd be happy to answer them. 21 COMMISSIONER APPLE: I don't see any. 22 MR. REICHHA.RT: Moving on to Item No. 2~ 23 which is discussion and briefing regarding the proposed 24 amendments to the manufactured home chapter of the 25 Development Code. We had representatives of the City and Page.2 i Crreg Mitchell is here. He attended all of the meetings 2 with a subcommiaec from thc Chamber of Commerce, and fl~ey 3 had different -- a couple of representatives from the 4 manufactured home community them. 5 If you recall, when this -- when the Code 6 was adopted, all we did was reformat this chapter and 7 rolled it in. We really didn't do any discussions or 8 revisions to it. Quite honestly, the majority of the 9 revisions are clean up items that are contained elsewhere 10 in the Code and are duplicates. So we're removing those. 11 Other items were inspection issues that 1:2 really we don't do anymore. They're, again, duplicated or 13 we try to make it reflect what we w~re actually doing out 14 in the field for inspections, stuff like having a pay 15 phone and different skirting issues that were all through 16 here, but we really have one item that addresses that. 17 The one thing I did want to point out that 18 we have -- would like to put back in at 35.9.3 under 19 inspections, the two paragraphs that are entry on premises 20 and inspection of a register, there's some issues of tax 21 collection, I believe. And maybe C. rreg can update us a 22 little bit more on those. 23 But we'd just like to put those back in. 24 And then later in one of the chapters, and it's at the 25 back under management and resident responsibility, there's Page 3 1 a little blurb in there about keeping a register. So we 2 would put that back in. And the register is really a 3 record for us in order to collect taxes. We need to be 4 able to have an up-to-date register in order to collect 5 taxes on individual home sites. 6 So under 35.10.8, and I think it's the last 7 page, there's management and resident responsibilities, 8 what we'll do, number four and five have things to -- what 9 the register should contain. And we'll just move those up 10 under this inspection of register and say, you know, just 11 put, and register shall contain name, phone numbers, 12 whatever we had in here, date, length and width Of the 13 manufactured -- you know, make and model of each 14 recreational vehicle, location of each model (sic) home, 15 those type of things -- mobile home, I mean, not model. 16 So we're just going to -- just pull that 17 right out and put it in the -- with the inspection of 18 register. 19 COMMISSIONER POWELL: Did you say you were 20 putting back in 35.9.3.17 21 MR. REICHItART: Point 1 and point 2. 22 COMMISSIONER POWELL: why are you putting 23 one back in? 24 MR. REICHHART: That was at the request of 25 the -- Greg can answer that. Page 4 1 COMMISSIONER POWELL: Sorry, Madam Chair, I 2 didn't ask for the floor. 3 COMMISSIONER APPLE: That's all right. We 4 are informal. $ MR. MITCHELL: The reason we were 6 requesting that point one be put in, entry on premises, 7 was after reviewing this with the legal department, in 8 order for us to do the annual inspection, we have to have 9 a mechanism to have entry on the premise without going 10 through the warrant process. COMMISSIONER POWELL: Entry on what premise 11 12 would that be, sir? 13 MR. MITCHELL: The entire mobile home park. 14 COMMISSIONER POWELL: SO any mobile home or 15 any manufactured home, you can go in there? 16 MR. MITCHELL: NO, this is for the park, 17 the premise, not inside the individual unit. We can't go 18 in the unit. i19 COMMISSIONER POWELL: See, that's what 20 bothers me about it. It says at reasonable times upon any 21 private or public property, period, it doesn't say -- it :~2 doesn't make any exceptions here. It gays any private or 23 public property. 24 MR. REICHHART: For the purpose of 25 inspecting, investigating conditions relating to the PLANNING AND ZONING WORK SESSION MARCH 26, 2003 Page 1 - Page 4 CondenseltTM Page 5 1 enforcement of this chapter. This chapter does not relate 2 to the inside o£ the manufactured home park -- or each 3 unit. Tiffs is just the connections, the skirting. 4 It has to have a certificate to say it was 5 built after a certain date. But it's not to go inside and 6 say, do they have an extra burner hookup, do they -- it's 7 to inspect the connections, utility connections, and the 8 skirting and stuff like that. And that's what in this 9 chapter. So that's really all we have the ability to go 10 in and do. 11 COMMISSIONER POWELL: YOU see what I was 12 getting at, though? I was worried about somebody who 13 happens to live in a manufactured home would have less 14 rights than I would have in a non -- 15 MR. REICHHART: In your private home, no. 16 MR. MITCHELL: NO. The only way we would 17 go into the actual home itself is if we're invited in or 18 we get a warrant through the Court. 19 COMMISSIONER POWELL: Thank you. You 20 ckared that up for me. 21 COMMISSIONER MULROY: Can I ask a question? 22 COMMISSIONER APPLE: commissioner Mulroy. 23 COMMISSIONER MULROY: Don't' you have that 24 right anyway, Greg, without it being in this chapter, to 25 go on premise as Chief Building Official? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 1 MR. MITCHELL: well, there was some 2 question whether actually we did have the right to go on 3 the premise and inspect. We can inspect certain aspects, 4 the utilities, obviously. But to do a complete and 5 thorough inspection, it was felt just for -- COMMISSIONER MULROY: In our other ordinances, did the Fire Marshal and your Chief Building Inspector, aren't you pretty much -- have the authority to Page 7. 1' loophole. That's why we've advised that it go back in. 2 COMMISSIONER MULROY: There's a degree of 3 redundancy, but you'd be much more comfortable with having 4 this attached to the licensing provisions? 5 MR. SNYDER: YeS. 6 COMMISSIONER MULROY: Thank you. 7 COMMISSIONER POWELL: what's the license 8 actually for? 9 MR. MITCHELL: It is to operate a 10 manufactured home park in the City. 11 COMMISSIONER POWELL: Thank you. 12 MR. SNY[~F~: May I add, there were a couple 13 of other little items that we -- the legal department 14 wanted to change, but they're not real substantive 15 provisions that we need to come back -- 16 MR. P,~ICHa~U~T: stuff like instead of a 17 subchapter, have a chapter, so they don't change the 18 content. ]9 COMMISSIONER MULROY: Process-wise, are we 20 going to cycle this back through the Chamber and they can 21 relate it to the industry? 22 MR. REICHHART: Hadn't intended to. 23 COMMISSIONER MULROY: well, I glleSS, if the 24 shoe was on the other foot and people have spent a year 25 and a half waiting for this and went to a couple of Page 8 meetings and thought they had looked at the final draft, it would be a professional courtesy, I would think. MR. REICHHART: what I can do is cycle our final changes and tell them what we've changed back to them, and if they need to meet with us, we'll set up a meeting and talk to them. That's fine. COMMISSIONER MULROY: Blame it on legal. MR. REICHHART: I'll blame it on legal. be on the premises? MR. MITCHELL: We can go to certain parts of a property and -- do you want to answer that? MR. SWTDER: I'll address that. In this chapter a license is being issued and the difference is those other uses don't receive a license. And the case law in this area, is that if the City is issuing a license and you can make it a condition of that license that they 9 COMMISSIONER MULROY: NO, I think that 10 would just be good professional courtesy. Thank you. 11 COMMISSIONER POWELL: we're not voting on 12 this tonight? 13 MR. REICHHART: NO, sir. No. tfthere was 14 something that you wanted to add back in yourselves or 15 anything else you wanted to take out or have us 16 investigate, now would be the trine to give us that allow reasonable inspections, so you're not going in under your police power so much as you're going in under the right to regulate a license that you've issued. And that's the difference between this use and any other use. And in answering your question about whether or not we could go in any way without this, yeah, we might be able to, I suppose, if there was an eminent health and safety problem, we could probably go in there. But this -- this kind of just closes up that potential 17 direction. 18 COMMISSIONER APPLE: commissioner Johnson. 19 COMMISSIONER JOHNSON: i have one comment 20 on 3.9.6.2 paragraph, your paragraph F. It's talking 21 about the streets, and that's a pretty -- that's a pretty 22 harsh statmx~ent the way you've got it stated there. 23 Streets shall be free of cracks, holes and other 24 standards. And I don't think I've ever seen any concrete 25 that didn't have cracks in it. PLANNING AND ZONING WORK SESSION MARCH 26, 2003 Page 5 - Page 8 CondenseItTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1t 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 Page 9 MR. REICHHART: And I think what we've -- I 1 don't know if the terminology was excess cracks, and 2 potholes, if that would be better. 3 COMMISSIONER JOHNSON: That would be 4 better. 5 COMMISSIONER ROY: where are you? 6 COMMISSIONER JOHNSON: It'S 3.9.6.2, 7 paragraph F. 8 COMMISSIONER ROY: F? 9 MR. REICHHART: F, top of' the page. 10 COMMISSIONER JOHNSON: It's the old 11 paragraph G, the new paragraph F. 12 MR. SNYDER: well, rather than commit to 13 Page 11 Subcommittee for their review. And upon their -- after that, whether we have several meetings with them, we'll bring it back as a public hearing item for recommendation. COMMISSIONER APPLE: It. frei thee. MR. REICHHART: Item 3, street trees. The current Code right now requires 30-foot spacing, one tree per 30 linear feet evenly spaced, 30 linear feet of road. The issue that has come up on a number of subdivisions and there's that exhibit in your backup, attachment one, that, depending on the width of the lots, anywhere from, you know, you can go 45-foot lots and 50-foot lots, when you start putting driveways in, you have utilities, sanitary laterals are typically centered on the lot and then the specific language now, just come up with some language that satisfies your concerns. But I'm not sure excessive, might be too -- MR. REICH[-IART: It'S subjective. I don't know if there's an industry standard to say cracks of what size, and the Fire Marshal also has the ability to go in there ff the roads aren't passable because the majority of the roads intemal are fire lanes, also. So they must be kept in a passable condition. COMMISSIONER JOHNSON: It'S jUSt pretty absolute the way it's written. COMMISSIONER APPLE: I agree. Page 10 14 ;15 :16 il7 19 20 21 22 23 24 25 water services has to be at least ten feet away from that, occasional fire hydrant and other apparatus out in the street; it becomes very difficult to one, evenly space the trees, and then find a place to put that many trees. As I told you in our backup, I've made an administrative intexpretation ~o at least eliminate the driveways from the linear footage of road and more of what's the linear footage of plantable area, and then do it that way. But I would still believe that the absolute nmuber of trees is still a little excessive in trying to accommodate that. And I've provided a number of options, Page 12 MR. REICHHART: we'll come up with something a little bit less absolute. COMMISSIONER POWELL: L~S onerous. MR. RE[CHHART: L(:$$ onerous. COMMISSIONER APPLE: SO y'all are completed with your briefing part? MR. REICHHART: I believe we're completed with our briefing. We'll take any direction. COMMISSIONER APPLE: Any questions? No questions. So you want direction? COMMISSIONER POWELL: I have a statement, I guess. COMMISSIONER APPLE: commissioner Powell. COMMISSIONER POWELL: rmjust pleased as 1 and I know they get somewhat complicated. I don't know if 2 you want me to go through each of the options, or if you 3 just want to open it up for questions. We do have a 4 little bit of time. Would you like me to? 5 COMMISSIONER MULROY: If I may, what do you 6 see as a practical solution? I guess, from my point of 7 view, it's relatively new, and I don't know if we -- if 8 you try to get the most finite answer that's going to 9 withstand the great test of time, but, you know, something 10 that you can try on for a couple of years. Where do you 11 see us going, Larry? What's going to work from your 12 experience? 13 MR. RE[CHHART: I think increase the 14 spacing requirements -- and maybe one of the things I punch as Humphreys used to say, about how much verbiage you have eliminated. I think it's great. You know, make stuff smaller and easier. MR. REICHHART: I go by the mss philosophy. COMMISSIONER POWELL: There you go. That's all I have. Ma. SNYDER: SO this will come back at a public hearing. MR. REICHHART: This will come back at a public hearing. We will forward it on to the Chamber 15 didn't say in here that we probably could think about, 16 too, is to give an average on the spacing requirements. 17 Instead of saying an absolute 50-foot minimum, 45-foot 18 minimum, say our target is somewhere between 45 and 50 19 foot, and then -- I mean, simply we could just do that and 20 move forward. 21 But I also like the ability that if it's -- 22 if the lots are under a certain size, you just say one 23 tree per lot, fairly easy to figure out where that goes, 24 and, you know, that equates it -- it works out to, I think 25 about a, you know, 40 to 45-foot spacing. I know when you PLANNING AND ZONING WORK SESSION MARCH 26, 2003 Page 9 - Page 12 CondenscItTM Page 13 1 COMMISSIONER APPLE: The next item is a 2 pubtie hearing and Larry Reichhart wilt present. I'll 3 open the public hearing. 4 MR. REICHHART: Thank you. This is the 5 item, the revisions to Subchapter 9, the manufactured home 6 subchapter of the Code. This crone before the P&Z as a 7 Work Session. There are a nm~ber of items that are being 8 proposed to change. They're in your backup. I believe 9 Mr. Johnson identified a numbering problem that might be 10 in the Code. That could be a condition of approval that 11 we fix that as we move forward. 12 But with that, staff does recommend 13 approval of the proposed amen(hnents and I'd be happy to 14 answer any questions that you may have. 15 COMMISSIONER APPLE: Thank you. Since this 16 is a public hearing, is there anyone in the audience who 17 would like to address the issue? Is there anyone in the 18 audience who would like to address this Agenda item? 19 Commissioner Roy. I'm going to go ahead and close the 20 public hearing before we go any further. Commissioner 21 Roy. 22 COMMISSIONER ROY: JUSt one question, 23 Larry. Is this the same document that we reviewed? Have 24 you made any changes since we reviewed this, [ think, 25 twice in the Work Session? second. Any discussion? Hearing none, vote please. Motion carries unanimously, 7-0. Page t 4 ! MR, REICHHART: We made the changes as 2 requested regarding the excessive potholes and that 3 terminology that we have tn there. 4 COMMISSIONER ROY: could you point out that 5 section for me? I found it. It's on Paragraph G or I 6 guess F now. I found it. Thank you. 7 MR. REICHHART: Okay. And the only other 8 change that we made was, if you recall, that we thought 9 we'd still need the ability to keep a register, and that 10 was put back in and alt coordinated into one paragraph. 11 It was in two different locations and we just consolidated 12 that. But those were the only additional changes that we 13 saw from the Work Session. 14 COMMISSIONER APPLE: Thank you. 15 Corm~issioner Johnson. 16 COMMISSIONER JOHNSON: I'll move approval 17 with the condition that we review the numbering, paragrapk 18 numbering and make sure that that's all correct. 19 COMMISSIONER MULROY: second. 20 COMMISSIONER APPLE: We have a motion and a 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 PLANNING AND ZONING COMMISSION APRIL 23, 2003 Page 15 Page 16 Page 13 - Page 16 S :\Our Documents\Ordinances\03 \SI03 -0002. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 9 (MANUFACTURED HOMES) OF THE DENTON DEVELOPMENT CODE, PROVDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; A_ND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0002) WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after providing notice and after conducting a public heating as required by law on April 23, 2003, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 9; and WHEREAS, after providing notice and after conducting a public heating as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subchapter 9 of the Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other provisions of subchapter 9 not inconsistent with the amendment shall remain in full force and effect. SECTION 2. Anyperson violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision oftkis ordinance is violated shall constitute a separate and distinct offense. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ PAGE 2 Fxhibi! A Subchapter 9 - Manufactured Homes Definitions General Inspections Permit Required License Required. Technical Requirements. Fire Safety. 35. 9.1 Definitions. The fo~o~g words, te~s ~d phrases, when used ~ ~s ~apte=, sh~ have ~e me~gs as~bed to ~em M ~s section, except whete ~e cont~ de~ly ~cates a ~fferent meamg: ~ent. Any person auto, ed by ~e ficensee of a m~ac~ed home p~k os tec~eafionM veMcle p~k to operate or m~t~ such p~k. Common Access Route. A p~vate ~y wMch affords p~dpfl me~s of access to ~du~ m<ufac~ed home stmds or a~ b~. Driveway. A ~or en=~ceway off ~e common access toute ~ ~e p=k Mto ~ off-s~eet p~g area se~g one (1) o~ more mobile homes. Elec~c~ Connection. ~e co~ecfion consis~ of ~ ~g, fi~gs <d app~mces from ~e · sco~ect box to the ~s~bufion system ~ a m~ufac~ed home ox ~ecreafion~ v~de. Front. %at pa~ of the mmufac~ed home space wMch abuts ~e common access ox p~vate ~ve, if double. ~e o~et sh~ elect wMch one is &e front, and such ~ election sh~ be stated md sho~ on ~e ~ pht. HUD-Code M~ufac~ed Home. A s~c~e consorted on ot a~etJ~e 15, 1976, accos&g to ~e ~es of ~e UMted States Dep~ent of Housing and Urban Development, . ..... .' ~ . ,' · , ~ , Intem~ S~eet. ~e same as co--on access ~oute. ~cense. ~ wfi~en ~cense issued by ~e B~g OffidM pe~g a person eo operate ~d m~t~ a m~ufac~ed home par~ oz ~ecreafionM veMde pa~ ~der ~e pro~sions of ~s d~apte~. Licensee. A person ~censed to operate ~d m~t~ a mmufac~ed home p~ o< recreafionM veMde park ~de~ ~e p~o~sions of tMs ~apter. Man,aerated HousMg or M~acmred Home. A ~D~code mmufac~ed home. cz a Mobile Home. A s~c~e ~at was consorted before J~e iS, 1976, ~spo~able ~ one (1) ot mo~e sections wMch, ~ ~e ~ave~g mode, is ei~t (8) body feet os more m ~d~ or for~ (40) body feet or mote M len~ or, when erected on site, is ~ee h~dred ~ (320) os moxe square feet ~d w~ch is b~t on a pe~ent chas~s ~d desired to be used as a dwe~g ~ ox <~out a pe~anent fo~dafion when co~ected to ~e zeq~ed u~fies md Mdudes ~e plmb~, hea~g, ~ con~o~g ~d dec~cM syst~s. Manufac~ed Home Lot. A parcel o~ ~act of land for ~e placement of a sMgle manufac~ed home ~d exclusive use of its occup<ts ~d wMch is located M a mobile home sub~sion approved by ~e plug md zo~ co~s~on of ~e Ci~. Sections: 35.9,1 35.9.2 35.9.3 35.9.4 35.9.5 35.9.6 35.9.7 ~9.S ................................................................................................................................................................... Subchapter 9 Development Code Manufactured Home Park. A unified development of manufactured home spaces or stands arranged on a tract of land under private ownership meeting all requirements of riffs chapter. Manufactured Home Subdivision. A unified development of manufactured home sites or lots which have been divided for the purpose of individual ownership and which is governed by the provisions of the subdivision regulations of the City. Natural or Artificial Barrier. Any creek, ravine, pond, railroad, fence, hedge or similar physical separation which prohibits a direct view from outside the mobile home park. Park Occupant. One who occupies a manufactured home or recreational vehicle within a licensed park. Permit. A written permit or certification issued by the Building Official permitting the construction, alteration or extension of a mobi/e home park or recreational vehicle park under the provisions of this chapter and regulations issued under this chapter. Playground. A tract or parcel of land one (1) to four (4) acres in size which is reserved and designed primarily for a children's play area and equipped with conventional playground facilities such as swings, slides, etc., in addition to larger facilities such as ballfields or adult recreation areas. Plot Plan. A graphic representation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, and indicating the relation of each use to that adjoining and to the boundary of the property. Recreational Vehicle. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, selLpropelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of not more than four thousand five hundred (4,500) pounds and having an overall lengtt~ of not more than twenty-eight (28) feet. Recreational Vehicle Park. A development under private ownership designed primarily for transient service on which recreational vehicles, pickup coaches and self-propelled motorized vehicles are parked or situated and used for the purpose of supplying to the public a parking space for such vehicles meeting all the requirements of this chapter. Recreational Vehicle Stand. A parcel or area of Iand for the placement of a single recreational vehicle and the exclusive use of its occupants and which is located in a recreational vehicle park approved by the planning and zoning commission of the City. Register. A well-bound book, kept legibly, covering alt pertinent information required by this chapter. Replacement. The act of moving one (1) manufactured home from its existing stand and replacing it with another manufactured home. Screening Device. A solid masonry or wooden wall or fence, a woven wire or chainlink fence with metal strips woven through the mesh to form a solid screen, a woven wire or chainlink fence with evergreen shrubs forming a sight screen. chapter. Service building. A structure housing toilet, lavatory and such other facilities as may be required by this Sewer Connection. The connection consisting of all pipes, fittings and appurtenances from the drain outlet of a manufactured home or recreational vehicle to the inlet of the corresponding sewer service riser pipe of the sewage system serving the manufactured home park or recreational vehicle park. Sewer Service Riser Pipe. That portion of a sewer service which extends vertically to the ground elevation and terminates at a manufactured home or recreational vehicle stall. Site. The same as stand, unless otherwise stated in the section. Site Plan. The same as plot plan. Stall. That Iimited portion of the manufactured home stand which has been readied for the placement and use of a manufactured home in accordance with this chapter. Pa_w 2 .................................................................................................................................................................... Subchapter 9 Development Code Stand. An area within the park whicl~ has been improved for a single manufactured home or recreational vehicle as provided in this chapter. Water Connection. The connection consisting of ali pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system witl~at a manufactured home or recreational vehicle. Water Riser Pipe. That portion of the private water senrice system serving a manufactured home or recreational vehicle park, which extends vertically to the ground elevation and terminates at a designated point at a manufactured home or recreational vehicle space. 35, 9, 2. General, A.__.__~e adoption of these regulations will convey to all existing Manufactured Home Parks a Spedfic Use Permit, thereby making them legal, conforrrfing uses under this Chapter. t3. ~ ..... ~.: ..... a, ..... - c ·r, ~ ..... ~nv ex an~n existin¢~ ~tamtfacture.~ 't~ .... ~, · ~ -. .~ .... ~. ~- ............. c .... u x~umc ~ arks Decmc U se Perrmt will re uire a new S ec~fic Use Penrat under flus Cra ter tmless the ex anston of the ex~sth Manut~ ctured Home Park occurs on an ad'o/nj tract of land under common owaershi s of the effecfiv date of this Code. The ex ansion of the existh~c~ Manufactured Home Park shall corn 1~ with the technical standards of this 35.9.3. Inspections. ....... co anrl~! hereby au~omed md ~ected t~ m~e such ~specfions as necessa~ to deteme comp~nce ~ ~s Su~chapter as they re.],ate to site improvmnen, t!' Entry on premises. ~e B~&g OffidM, ~e Fke Chef, the Fke ~sh~, ~e Pohce CheL ~e Ciw En~eer, ~e Assistmt Ci~ Mmaget of U~fies ~d the T~ Assessor or o~er Ci~ offichI sh~ have ~e power to rater at reasonable ~es upon any pti*ate or pubhc pzope~ for ~e p~ose of ~specfing ~d ~vesfiga~g con~fions rela~g to · e mforcmmt of ~s ~apter ~d for ~e m~tenance of ~e u~fies. 35.9.3.2. Inspection of register. ~e B~g Offid~, ~e Fke C~ef, ~e Fke Marsh~, ~e Pohce C~ef md ~e t~ assessor-cohector sh~ have · e power md au~ohW ~ ~sch~g ~ek offid~ duties to ~spect &e re~ster cont~g a record of residents of ~e m~uhc~ed home .... .+ - ' ' p~k. ~e ~.¢ense~ or hs a{~ea~t sh~!. m~ntafin a....reeistez of park occuoan~- a;hi~ sh2 cont~ the &. Name and s~.d number of ail paMesi.dents' Mo[?~e lmme rcgi.strafi~m d~c!udin~ makc lene~x4dth, year ~ mm!~a(:~e mci ideafifica~.o~ nnmbe~ ~ ' ...... ~ .... ~ . .... .3~ Dates of ~v~ arid departure of each mobile home- 4~ Name and address ot~ business or JndK4d,al wh.~tut'alt~ ea~ mobile .home or recreational, vehicl~ B. A 8ew rc~s~er ~k ~l be ini1~ated on ,'Jmm~.l o.f~ach y~ar. and the old re~ste~; mx? ~ereafter be re~e~ k2Ut shah be rct~e~ on ~he pre1~seq....fb-~¢ teasL.three (3) y~ars foHondng ira re~m~t..Re~sters s!!aH be available .for inspection :ti a~ rea2onable timq.~, any 0~ficial of the ~:[y whose duties may necessitate access to the ~fo~afon c~n't:~ed theresa. - . ...................................................................................................................................................................... Subchapter 9 Development Code 3~.9.3.4~. Vlo[afion~ - ~ofice ot ~u~pen~ion of Hcen~e. ~enev~, upon ~specton of ~y m~uf~c~ed home or · at con~6ons or p~acaces e~st w~ch ate ~ ~ohton of wt~g ~ ~ccordmce ~ sect~ 35.9,3_g2 ? to the ~censee ~a~ ~ss such con~6o~s or pmcfces axe corrected ~ ~ reasonable petod of ~e spedfied m such nodce, of such petod o~ me, the B~g Official sh~ re-~spect such p~k, requ~s~g ~ssist~ce ~om o~er Ci~ deponents ~s may be req~ed, md if su~ con~ons or pmcdces h~ve not be~ co~ected he mav~ ~ suspend &e ~c~se and ~ve no~ce ~ w~g of such suspen~on to the ~c~see. Upon receipt nodce of such susp~sion, ~e ~censee sh~ cease opera,on o~ such paxk, ~cept as prodded ~ secton 35.9.3~. 35.9.3._2S. Violation - Requirements of notice. Whenever it is determined that there axe grounds to believe that there has been a v/olation of any provision of this eC~hapter, the Building Official shall give notice of such alleged violation to the licensee or agent. Such notice shall: A. Be in writing; B. Include a statement of the reasons for its issuance; C. Allow a reasonable time for the performance of the act it requires; D. Be served upon the Licensee or his agent, prov/ded that such notice or order shall be deemed to have been properly served upon such licensee or his agent when a copy thereof has been sent by mail to his last known address or when he has been served with such notice by any method authorized or required by the laws of this state; and E. Contain an outhne of remedial action which, if taken, will effect compliance with the provisions of this chapter. 35.9.3.3_~. Violation - Appeal from notice issued by the Building Official. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Subchapter by the Building Official may request and shall be granted a hearing on the matter before the Construction .Adviso.tS.~ an.d Appeals Boardb~d c..c. :~di~.a:;i~,-v~, provided that ,the appeal be filed~ack ~aa r~te w~thin ten (10) days after the date the notice was served~--/~ ~%-~52~ c ~ r-.- -' ~ .................... ~-~a~d:~ ,~:rcfc..':. The filing of the request for a hearing sh~l operate as a stay of the notice and of the suspension. ~ z ': . . ~ · - , :~ . . , : . .' · . :s.~:z2!~ .... · ~ . 35.9.4 Permit 35.9.4.1. Required. It shall be unlawful for any persou to construct, alter or extend any manufactured home park or recreational vehicle paxk witch the limits of the City unless he holds a valid permit issued by the Building Official in the name of such person for the specific construction, alteration or extension proposed. Pa_Lm 4 ................................................................................................................. Subchapter 9 ................................................. ' ......................................... 35.9.4.~4. Fees. A. B~g pemt. Each apphcadon to the B~&g Offidal for a pem6t req~ed ~der ~s a~cle sh~ be accompmed by a fee of one h~dred dollars (~100.00) for up to &e ~st ten (10) studs ~d ~o do~ars {$2.00) per stud ~ereafter. B. Plmb~g pemt. ~e plmb~g pe~t fee sha~ be ~o do,rs ($2.00) per stmd. C. Elec~c~ pe~t. ~e elec~cM pe~t Cee sh~ be ~o dollars ¢2.00) per stand. 3&9.5 License 35,9.5.1 License Required. 35.9.5,2. Application for License. 1. ~e name, address and phone n~ber of the apphc~t; 2. ~e n~e, address md phone umber of the mmager; 3. ~e nme md ad&ess of ~e p~k; B. Dcenses issued sh~ not be ~sferred. A ' ' new ficense ~ be ~ssued to my new omer upon app~cafion. 35.0.5.3. Each o~M apphcafion or renewM for ~e hcense req~ed ruder ~s Subchavte.~-~ by a fee as dete~ed by the Ciw Com~~*-~ :-. ; cc c ~"', ........ c% s~aH be accompmed for each manufac-,¢ ~ k ....... ~ ...... , . , . ' ..... ~ ~,¢ ........... ~', plus m ad~uon~ fee - - ......... ~,~ mm~ac~ea nome or recreafionM veMcle p~a. ~ renewm ~ees snaa be due on October I of ea~ ye~. 35. 9. 6. Technical Standards. 35.9.6.1. GeneraJ Requirements. ~y dcv~o~mcm~ ~cd~dop~L ~c=~on o~ ~xp~o~ ~ ~ m~u:~c~d ~omc p~k o= =cc=ca~o~ ~c~c .......................................................................................................................................................................... Subchapter 9 Development Code A. Location. A manufactured home or recreational vehicle park shag be located only in designated zoning areas and with a specific use permit for that purpose, as ~.,Subchat, B. Basic minimum requirements. I. Area requirements. There is no minimum area which may be developed or used for manufactured home park purposes. 2. Stand requirements. Each stand shall provide a minimum area of five thousand (5,000) square feet; however, no such stand shalI be less than forty (40) feet in width nor less than one hundred (100) feet in depth. 3. Screening. There shall be constructed and maintained a permanent screening device not less than sm (6) feet in height on all sides of the park, except where natural bamers exist to form all or part of such a screen or where roadways exist to create a traffic hazard. C. Open space requirements. t~.l._~e mimmum front yard setback shall be fifteen (15) feet from the nearest comer of the manufactured home or recreational vekicle to the front line of the stand. · ~.2..~_No manufactured home or travel trailer shall be closer than fifteen (15) feet to any adjoining pubhc right-of-way. .~.3 .For other structures, the minimum front yard setback shall be at least fifteen (15) feet. g=4. The minimum distance between manufacture homes and recreational vehicles shall be twenty (20) feet on the side and sixteen (16) feet on the front and rear. ~:2 czc~cn ::nd c[{.-r:inating dxs't. · ;~_-.-.-.-.-.-.-.-~_* Manufactured home staI/s. The area of the manufactured home stall shall be concrete to provide adequate support for the placement of the mobile home. ~2-.lS__=Parking. Every manufactured home stand shall have two (2) off-street parking spaces; recreational vehicle stands shall have one (1). 25.0.0.2. Access and Traffic Circulation. A. Generally. Internal streets in manufactured home parks or recreational vehicle parks shall be privately owned, built and maintained md shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of park residents. B. Internal streets or common access routes. g~'.An internal street or common access route shall be provided to each stand. Ail internal streets or common access routes shall be a minimum of th/try-fc,-~r. (30._4) feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the park, pubhc streets or, in the alternative, shall be provided with a cul-de sac having a minimum radius of forty (40) feet. Ali other streets shall have a minimum radius at intersections of thirty (30) feet. No internal street ending in a cul-de-sac shall exceed one thousand (1,000) feet in length. Pa_m 6 ......................................................................................................................................................................... Subchapter 9 Development Code i~;. .All streets shall be constructed of at least two (2) inches of asphalt, six (6) inches of Iirne subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section. kD___=___Surfacing, location of off-street parking. Off-street parking for at Ieast two (2) vehicles per stand shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other mob/le homes, recreational vehicles and for public parking within the park. g-J;~'. Minimum parking area for vehicle storage. A minimum parking area of one hundred sixty (160) square feet per manufactured home space sha]I be provided for storage of boats or vehicles in excess of two (2) per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the park. .~..F~Maintenance of internal streets. Internal streets shall be maintained free of excessi~-e~cracks, p.~hotes and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction w/th other City inspections of the manufactured home park or recreational vehicle park. The inspections shall be made by the City Engineer and sha]I cover the hazards listed in th.is subsection. ~.G....~Numbering, naming of streets. Ail streets within each park shall be numbered or named in an approved manner. ~i:'t__~.Intersecfing of interior streets adjoining public streets. Interior streets shall intersect adjoining public streets at ninety (90) degrees and at locations which will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to City streets, parking locations and internal access for emergency vehicles. ~Posting of signs. At each entrance to the park, an eighteen-inch by twenty-four-inch sign should be posted, stating: "Private Drive, No Thru Traffic." The licensee may also post a speed limit sign on this same post. 35.9.6.3. Installation of _Utility,,, Line~~ub~~' ALt ~~l~e. l~es ~-~'3::g *,.~..c re" .... : · . ~ : .L :~sh~ll be installed u~dergmund in manufactured home parks or recreational vehicle parks. 35.9.$.4. Recreation area. A. All manufactm-ed home parks or recreational vehicle parks shall have at least one (1) recreation area, located as to be free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. B. Extent. Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided which will meet the anticipated needs of the clientele the park is designed to serve. C. Size. Not less than eight (8) percent of the gross park area shall be devoted to recreational facilities, generally in a central location. In large parks this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehide parking, commercial, maintenance and utilities areas. D. Playground location. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares and parking areas. ~::ck :p~cc :~al! 5c :n:-2nt~ncfi in a :ar2ta~%- ccna,~i~cn 35.9.6.5. A. B. Water Supply. Connection shall be made to the public supply of water in accordance with Su..__hbchapter 21_~. Water distribution system. ..................................................................................................................................................................... Subchapter 9 DeveIopment Code .~2.1. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and City regulations and requirements. -' ~ ..... .-,~ .... :it ........ v~,z ..... ,*,~; ,~;czz-c ~,_ cz[4I_ndividual water meters shall~ be provided for each manufactured home traits. ~.f k:~-,Scl'a2 watcz mctzz: ........ -~ ~t,~ ~.c v:aZcz z,3-at~m mu:;,*. L c !3c'~t ~n accm'd~:cc ~5~ CLT ~,,ka:.;= ....... . ....... , 35.9.6.6. 8ewaoe Disposal. ~.9~ecfion sh~ bc..made ~ ~ub~c s~ta w sewer system i~ accordm~ , ~ccl;t il:at t~c u:;e cf :;optic ~a,.~ ~1~ ..... ' ~Zach maaufacx~:cd ~hc,~',.'~ ~:':md aL. al!. Lc prc~d=~ vci~L a.t lcaat :: four i~k ~: .............. = - ........................................................................................................................................................................ Subchapter 9 Development Code .:., . ~ , .. ' ~ ' '~ J -~ L2 ' ~ '~' - _..~i .... +~1 ~': ' ' 1 35.9.6.7~. Refuse and Garage Handling. z~ manufactured home parks or recr.¢ado~al~2d~de ~ai'ks shah comply x,d~ ~e City's r¢~dmfi~ sghd waste ye~ta~ons~ - ~ - ......... . ..... .... ..................................................................................................................................................................... Subchapter 9 Development Code 35.9. 7. Fire Safety Standards. A. Storage and handling of 1/queried petroleum gases. In manufactured home and recreational vehicle parks where Iiquefied petroleum gases are stored or dispensed, their handling and storage shall comply with requirements of the fire cqde~plumbkng code and the Texas R ........ ' - ' - .... ~ ...... railroad Ceommtssmn regulauons. B. Storage and handlMg of flammable 1/quids. In parks in which gasoline, fuel oil or other flammable liquids are stored and/or dispensed, their handling and storage sh~l comply with the FEtre C__eod~ C. Access for firefighting. Approaches to ail recreational vehicles and manufactured homes shall be kept clear for firefighting. D. Water supply facilities for fire department operations. Water supply facilities for fire department operations shall be connected to the City water supply. Water mains for fire protection purposes are to be sized six (6) iD or larger with standard City hydrants located within three hundred (300) feet of all manufactured home sites, measured along driveways or streets, and such water supply systems shall meet the minimmn standards for firefighfing purposes as required by the state board of insurance. Fire hydrants will be subject to periodic inspections by the fire department. It shall be the responsibility of the park licensee to ensure that the fire hydrants in need of immediate repair shall be repaired in a satisfactory manner within txventy-four (24) hours. Non-emergency repairs shall be made within fourteen (14) days ....................................................................................................... Subchapter 9 ................................................................ ' ................................... upon receipt of notification." , Non emergency,' for purposes of this subsection, shall mean of a nature not Lmpaidng the actual use intended. E. Collection, disposal of rubbish. The park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish approved by the Fire Marshal and the City/county health director. F. Dry brash, limbs, leaves a_nd weeds. The park licensee or agent shall be responsible for mamta/ning the entire area o£the park free of dry brush, leaves, limbs and weeds. ................................................. ~_."..t,.:...":Lt~,__'Z:~.l .......... ii ............................................. ' ' ' , "' ............ ' ............................... c'f ................................ park zcaidc.a~¢¢ ............. . : . - 'c~p:mt r~- ,' ' ' ~ ,_,~ ~15 <...J ..... . ~ ' "~ ......... ~' ca:nPlY~non-a: ~:l;ch~tcr and "~.-' Pa__x ] 1 j ........................................................................................................................................................................ Subchapter 9 Development Code ~]~ Pa_~12 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 3, 2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT Z03-0010 (The Vintage- Concept Plan) Hold a public hearing and consider adoption of an ordinance amending the Concept Plan for Planned Developmem 139 (PD-139) for approximately 401 acres. The property is generally located between Bonnie Brae Road and Interstate 35W adjacent to Vintage Boulevard. A private school site and a reduction in single-family homes are proposed. The Planning and Zoning Commission recommends approval with conditions (5-0). BACKGROUND Applicam: Liberty Christian School DeNon, Texas The applicant is requesting the Concept Plan amendment to allow for a private school site on approximately 60 acres and a reduction in single-family residemial. The single family residemial is being reduced from approximately 70 acres with 245 lots to approximately 28.6 acres with 85 residemial lots. Previously the Concept Plan included a small public school site on approximately 12 acres and an approximately 2-acre Neighborhood Services site as well. The proposed Concept Plan as submitted is compatible with The DeNon Plan and surrounding land uses. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) (Commissioners Vicki Holt and Bob Powell were absem.) with the following conditions: The final plat of the area designated as "private school" will not be approved umil all the offsite right-of-way for Vimage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. 2. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie Brae is closed to traffic or floodgates are installed on Bonnie Brae north of Vintage Blvd.- to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter right-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn lanes, intersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. ESTIMATED PROJECT SCHEDULE The subject property is included in an approved General Development Plan. However, the approval of this request will require a revision to the General Development Plan. The approval of a revised General Development Plan, and Preliminary and Final plats will be required prior to issuance of any permits for development. PRIOR ACTION/REVIEW The following is a chronology of Z03-0010, commonly known as The Vintage (Concept Plan): March 5, 1991 Concept Plan Original approval of plan on 450.6 acres. Revision to include single-family, neighborhood September 7, 1999 Concept Plan services, public school site, mixed-use town center, community commercial district and park and bottomland open space on 401.23 acres. Approval of single-family development on the north September 7, 1999 Detailed Plan and south sides of Vintage Boulevard on 264.72 acres. Amendment to previous ordinance to include an May 14, 2002 Concept Plan amenity center, neighborhood services area, and gas well development. Amendment to include a private school site and June 3, 2003 Concept Plan reduce the single-family development. Amendment to allow for gas well development, a June 3, 2003 Detailed Plan reduction in single family residential and a private school site. No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification and Responses 4. Existing Concept Plan 5. Proposed Concept Plan 6. May 14, 2003 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Re RLA, ssistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Request The Planned Developmem encompasses approximately 401 acres. The applicant is requesting approval of an amendment to the concept plan to allow for a private school site and a reduction in single-family home sites. The original single-family residemial area (shown as "E" on Attachmem 4) encompassed approximately 70 acres and allowed for 245 lots. The proposed amendmem to the single-family location is comprised of approximately 29 acres and comains 85 lots. The density decreases from 3.5 to 3.0 units per acre. The reduction in single-family acreage allows for the approximately 60-acre private school site to be created on the southwestern portion of the PD- 139 land area. The proposed private school site previously comained an approximately 12-acre public school site and an approximately 2-acre neighborhood services site on the concept plan. Existin~ Condition of Property Property History. February 20, 2002 - The subject property retained the Planned Development 139 (PD-139) zoning status and land use classification by Ordinance 2002-040. The portions of the subject property in question are vacam and also comain portions of Environmemally Sensitive Areas including stream buffer and floodplain. The applicam will not be allowed to develop in the ESA areas. Adjacent zoning: North: Neighborhood Residemial 2 (NR-2) zoning district - Vacam Land South: Planned Developmem 138 (PD-138) zoning district - Vacam Land East: Neighborhood Residemial Mixed Use (NRMU) (recemly approved), Neighborhood Residemial 6 (NR-6), Neighborhood Residemial 2 (NR-2) zoning districts and Extra Territorial Jurisdiction (ETJ) - Single-family residemial, gas well developmem, and vacam land. West: Commercial Mixed Use Employment (CM-E) zoning district - vacam 1-35 frontage Infrastructure Analysis Two transportation conditions were incorporated into Ordinances 99-317 and 99-318 (amending the original concept plan and detailed plan for the Vimage) as a result of the approved traffic impact analysis associated with that proposal. They include: 1. Access to Bonnie Brae including construction access will not be permitted until such time that Bonnie Brae on either side of Ponder Road (Vimage Boulevard) is either closed or, substamially improved to include City of DeNon standard pavemem section and 100 year bridge improvemems. 2. No developmem other than the single-family detached and one convenience store may occur until the Interchange at 1-35 and Ponder Road is reconstructed as a standard diamond configuration, or Ponder Road (Vimage Boulevard) is extended to Hwy. 377 and Ponder Road through the developmem is constructed with 2 lanes in each direction. In negotiations with the Vintage Developer, it was agreed that the Developer would obtain the right-of-way for the extension of Ponder Road/FM 2449 (Vimage Boulevard) to Hwy. 377 and the city would construct two lanes of the road. The Developer has been negotiating with property owners for the right-of-way and is close to finalizing all agreements. The city does have sufficieM funds to build the two lanes and will commence design of the improvemeMs upon receipt of the right-of-way. It is anticipated that the design and construction of the two lanes may take up to one year, bM could be as quick as nine month. This does not include the required railroad crossing near Hwy. 377. The railroad is responsible for the design and construction of all railroad crossings. The city has no coMrol on how long that will take and past experience indicates that it could be as long as two years. However, once the right-of-way is obtained, the complete construction of the two lanes should be completed within two years. The transportation/traffic patterns for a private school are much different than those associated with single-family uses. As such, staff has the same concerns regarding school site accessing Bonnie Brae. Bonnie Brae is currently a gravel road that is not constructed to accommodate large volumes of traffic. Additionally the low water crossings (especially to the north of ViMage Blvd.) are a major safety issue. Due to those safety issues, and the cost of building a new bridge over the crossing, the Mobility Plan ideMifies the northern low water crossing to be closed in the future. The closure would not happen until such time that the Vintage Blvd. connection to Hwy. 377 is completed. To accommodate the single-family developmeM to the north of ViMage Blvd., the developer extended a water main to the site. The capacity of that water main is only sufficient to service those single-family houses. Therefore additional water main(s) will be needed to serve the school site. A major concern associated with the developmeM of a school is supplying adequate water flow in the event of a fire. Currently there is a 20" water main along the south side of Hwy. 377 that can be tapped to service The Vintage development. Comprehensive Plan Analysis The private school and resideMial portions of the subject site are located within the "Neighborhood Centers" and "Floodplain" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood ceMers are orieMed inwardly, focusing on the ceMer of the neighborhood and coMaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood ceMer might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elemeMary school. The DeMon Plan ideMifies the following Primary ResideMial Land Use Principles: Preserve Neighborhoods: The preservation of existing and future neighborhoods can be achieved by demanding and establishing design and construction standards that are fair and evenly applied. (page 35) CurreMly the areas surrounding the site are vacaM and single-family residential. The planned uses for the remaining portions of PD-139 include a mix of single-family detached and attached homes, commercial development, and park space. The proposed amendment to the concept plan allowing for the private school site and the reduction in single-family resideMial use would not be detrimental to the existing or future development of this area. New development will be compatible with the existing uses and zoning of the surrounding properties at this time. Staff Findings 1. The proposed amendment to the Concept Plan for PD-139 is compatible with The Denton Plan and surrounding land uses. 2. The proposed private school use is a change of land use requiring differeM transportation and Mility improvemeMs than the existing single-family uses. 5 Staff Recommendation Based on above findings staff recommends approval of the requested amendment to the Concept Plan for Planned Development 139 with the following conditions. 1. The final plat of the area designated as "private school" will not be approved until all the offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. 2. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie Brae is closed to traffic or floodgates are installed on Bonnie Brae north of Vintage Blvd.- to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter right-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn lanes, intersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. ATTACHMENT 2 Location/Zoning Map NORTH ETJ Comp Plan Map ATTACHMENT 3 Public Notification NORTH Scale: None NOTIFICATION MAP Newspaper Notification Date: April 12, 2003 200' Legal Notices* sent via Certified Mail: · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% *Sites in the 500' notification area without addresses are not notified via courtesy notice. *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 *Property in the ETJ is not notified ATTACHMENT 4 EXISTING CONCEPT PLAN , /. ~ENTE~ CONCEPT PLAN THg VINTAGE A MASTER PLANNED COMMUNITY ATTACHMENT 5 PROPOSED CONCEPT PLAN AMENDED CONCEPT PLAN AMENDING TRACTS "E"," K", & "L" .......... TnE VI~T^6~ 401 23 ACRES IN THE %'~s~'~%;~u% ~}~ ~ ;~' A MASTER PLANNED COMMUNITY gAS EDMUNDSON SURV ABST NO 401 DENTON, TEXAS l0 DRAFT CondonseltTM I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 COMMISSIONER APPLE: The next item was a continuation of a public hearing and Larry Reichhart with the City's Planning staff will present. I will open the public hearing. MR. REICHHART: Thank you. Before you tonight is the amendment to PD-139 which is The Vintage, commonly referred to as Vintage. The next public hearing will be the detailed plan. The property is located at the Ponder exit, basically, of 1-35. And what we're looking to do tonight on the concept plan, the original concept plan, the one that's in effect right now is outlined here, has approximately 70 acres single-family, about a two-acre commercial site, and approximately a 12-acre public school site. And the applicant is looking to amend that portion of the concept plan to have an approximately 60-acre private school site, 26.8 acres of residential. It's about 85 lots that it would count to, and then have £dentlf[ed the open space with a floodplain. There would be no change to that. This was continued from the last public hearing. There were some conditions that we wanted to work out between staff and the applicant. Those are in your backup. We're in agreement. The applicant and staff are in agreement with these conditions. And with that, I Page 18 can answer any questions. I do know the applicant is here to make a presentation, also. COMMISSIONER APPLE: Thank you. Commissioner Mulroy has a question. COMMISSIONER MULROY: Yes. As I recollect the conditions, would you synopsize what will happen with Bonnie Brae? I understand we're going to close to the north and then you're going to extend Vintage Boulevard to 377, but the conditions seem to indicate that we just have to have the right-of-way secured at this time. Now, how will that work as far as the construction of the road and the school opening? Mg. gEICUH/mT: The City already has the funds set aside for the construction of two lanes, the continuation of Vintage Boulevard, if you would, at this time. So the applicant, what their responsibility was in this scenario was to acquire the fight-of-way for us and we would build thc road, as opposed to them just building a small portion of the road and go nowhere. So their contribution to this was to acquire the right-of-way out to 377. So the funds are available to start construction as soon as we acquire that right-of-way. The only caveat in this is there is a railroad crossing. And dealing with the Railroad Commission, they build -- they're the only ones that will 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 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 19 build their crossing. But we will start construction or start the design process irmnediatety upon acquiring the right-of-way. Six, seven months later, somewhere in that timeframe, we would start construction. COMMISSIONER MULROY: But we're not tying in the completion of the construction of the road to their ability to occupy any school buildings? MR. REICHHART: NO, because that's why the crossings at Bonnie Brae, there's two low water crossings, one to the north, one to the south, the northern one is the more dangerous one, if you will, we have the ability, hopefully, to -- at Mayhill there's a low water crossing. Now the bridge is under design and will be built shortly. Them are flood gates there that will no longer be used so we're simply going to work with the applicant to bring those over to the Bonnie Brae site. Ultimately, the roadway component identifies Bonnie Brae in that area to be dosed due to the huge constmcfion costs associated with bu[Iding a bridge that would be out of the -- not be a low water crossing. Until that happens, we will have flood gates in place. That way allowing the access to the school site, if you will, until the connection over to 377 is made. COMMISSIONER MULROY: okay. Thank you, Mr. Reichhart. Page 20 COMMISSIONER APPLE: Thank you. Does the applicant wish to come forward? MS. MITCHELL: Good evening, Madam Chair, mernbers of the Commission. My name is Kamn Mitchell with Mitchell Planning Group, 7823 Nine Mile Bridge Road in Fort Worth. Staff and I, I guess, were oa the same page when we got the -- when we got our crayons out to do the -- to do our little analysis here. But as Mr. Reiclxhart was pointing out to you-ail, we come before you tonight to have a change on the concept plan of this. I represent the owners of thls 400 acres when it was -- that's originally zoned Planned Development district from a Mixed Use Developmeot back in 1991. At tlmt time I was the planner, one of the planners for the City. And when this original Pr) came into play, I can remember people saying. this will never develop. Look how far out in the City that it is. It will never develop. Well, I'm here tonight to tell you we'd like to continue development of this property. As you know, the first request is for the concept plan to rearrange the land uses. Just to kind of give you a little bit of history of the school site that's shown as a public school site, back in 1999 when the owners of this property came in to amend this to allow for PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 17 - Page 20 CondonsoltTM 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 21 changes in uses, the Argyle School District at that time had requested that my client dedicate an area specifically for one of their schools. My client did so. And then after that, this area was taken out of the Argyle School District. They, in turn, contac~d the Denton ~sD to see if they would be interested in locating here. And at that time, Denton lSD was not interested in this. And we do have a letter from Denton ISIS. ?he good news is that Liberty Christian is interested in this same property in brder to relocate its campus. In reviewing the first staff report, as Mr. Rcichhart explained, we had some concerns regarding the conditions, and it was quite obviousIy that we still needed to work out some things with staff. And so what we wanted to do was go back and work these out with staff. And I am happy to say that we have worked them out so the conditions that are before you this evening are those of us working together to make sure that there was a good compromise involved. And although there are still a few significant development issues related to this, we're still trying to work through them, but as each day passes, we get closer to a resolution on this. The first s~p, however, is to achieve the approval of the l,r) amendment so that Liberty Christian can make this their new home. Madam Chair, what i'd like to Page 23 I original plan? 2 MS. MITCHELL: TO my knowledge, no, sir. 3 The lot sizes have not been altered, just the number of 4 lots have been altered. 5 COMMISSIONER ROY: Thank you. 6 MS. MITCHELL: Madam Chair, one thing that 7 I don't know if Mr. Reichhart -- Larry, were you able to 8 share with them the change of the detailed plan that shows 9 the gas well plats? Oh, just wait till that -- okay, 10 Sorry about that. 11 COMMISSIONER APPLE: That's okay. 12 MS. MITCHELL: i'm sorry about that. 13 COMMISSIONER APPLE: I don't see any more 14 questions. Thank you. 15 MS. MITCHELL: Thank you. 16 COMMISSIONER APPLE: Thank you. Is there 17 anyone in the audience who wishes to address this item? 18 Seeing no one coming forward, I'1i close the public 19 hearing. 20 COMMISSIONER MULROY: I'm ready. Madam 21 Chair, I'm ready to move for approval with the conditions 22 as presented by staff and agreed upon by the applicant, 23 the Conditions 1 through 4. 24 COMMISSIONER APPLE: commissioner Johnson. 25 COMMISSIONER JOHNSON: Second. Page 22 ask is since I'm going to be making the presentation on both, if I can kind of lump these two together. I'd just like to add one more thing that will affect the detailed plan when you get to it, but just to give you some information on the history of Liberty Christian that you-all may already know and the hnportance of this site. Would that be okay? Thank you. As you-all know, Liberty Christian is a major component of the vision for this particular area. And they were founded in Denton in 1983 and have grown significantly. And they're proud to be a part of this city. They've been very fortunate in having thc opportunity to build an entire new emnpus and would be very much -- would very much like to continue to have their home here in Denton. And that was just the little piece I wanted to tel1 you about the importance of this site to Liberty Christian. I think you-all know this. And with that being said, I hopefully can answer any questions that you-all may have. COMMISSIONER APPLE: Thank you, Ms. Mitchell. I don't see any. Oh, Commissioner Roy. COMMISSIONER ROY: Ms. Mitchell, there is a significant reduction in acreage for single-fmnily homes in this change. Does that mean that the lot sizes or home sizes that are going to be built will be altered from the 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 24 COMMISSIONER APPLE: We have a motion and a second to approve with conditions as recommended by staff. Any discussion? Vote, please. Motion carries 5-0. PLANNING AND ZONIlqG COMMISSION MAY 14, 2003 Page 21 - Page 24 ORDINANCE NO. 9A~301 ~RD.I~?~AN_C_E OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034, - /, AND 2002-147 TO APPROVE A NEW CONCEPT PLAN FOR THE PLANNED DEVELOPMENT 139 (I'D-139) ZONING DISTRICT AND LAND USE CLASSIFICATION, COMMONLY KNOWN AS THE VINTAGE, TO PROVIDE FOR A PRIVATE SCHOOL AND A REDUCTION OF SINGLE-FAMILY LOTS ON AN APPROXIMATE 40I ACRE PORTION OF SAID PD139; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0010) WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change in zoning for 450.6 acres of land to Planned Development I39 (PD-139) zoning district, as more particularly described therein; and WHEREAS, on Sept6mber 7, 1999, by Ordinance 99-317 the City Council approved an anaendment to the Concept Plan of Planned Development 139 (PD-t39) zoning district, as more particularly described therein, and WHEREAS, on May 14, 2002, by Ordinance 2002-147 the City Council approved an amendment to the Concept Plan of Planned Development 139 (pD_ 139) zoning district, as more particularly described therein, and WHEREAS, Denton CJW Partner, Ltd, has applied for an amendment to the concept plan for Planned Development 139 (PD- 139) containing 401.23 acres of land; and WHEREAS, on May 14, 2003, the Planmng and Zoning Commission concluded a public hearing as required by law, and recommend approval with conditions of the requested amendment to the concept plan; and WHEREAS, the City Council finds that the amendment to the concept plan is consistent with the Comprehensive Plan; NOW, THEREFORE, THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. Ordinances No. 91-034, No. 99-317, and No. 2002-147 are hereby amended as to approximately 401 acres of Planned Development District 139 as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") to approve the rezoning of the Property by approving a new concept plan attached hereto and made a part hereof by reference as Exhibit "B", subject to the following conditions: 1. The final plat of the area designated as "private school" wilI not be approved until all the offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City, fi'ee of encumbrances. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie Brae is closed to traffic or flood-gates are installed on Bonnie Brae north of Vintage Blvd.- to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter right-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn Ianes, intersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water Iines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. SECTION___._~2. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinances No. 91-034, No. 99~317, and No. 2002-147, but all the provisions of Ordinances No.91-034, No. 99-317and No. 2002-147 as they apply to the regulations of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 3. A copy of this ordinance shall be attached to Ordinances No. 91-034, No. 99- 317, and No. 2002-147 showing the amendment herein approved. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. .SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of _, 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: BY: v ~,, ,._._.__ (j ~,. Page 2 EXHIBIT A All of the James Edmonson Survey, Abstract No. 401 and the James L. Harris Survey, Abstract No. 555 and a part of the S. A. Pritchett Survey, Abstract No. 1021, situated about 4 miles south 35 degrees west from the courthouse in Denton County, Texas; and embracing all of Parcel No. 1 described in the deed to DeNon CJW Partners, LTD., recorded in Clerks Documem No. 98-R0036601 of the DeNon County, Deed Records. Beginning at the southeast corner of said James Edmonson Survey in the middle of a County Road for the southeast corner of said Parcel No. 1, from which an 8" pipe post bears north 88 degrees-50 minutes 30-seconds west 30-5/10 feet. Thence north 88 degrees-50 minutes-30 seconds west, to and along a fence for the south line of said Parcel No. 1, a distance of 2658-69/100 feet to a 1" iron on the west side ora corner post of a fence, for the southwest comer of said Edmonson Survey and the southeast comer of said S. A. Pritchett Survey and southerly southwest corner of said Parcel No 1. Thence north no degrees-33 minutes-20 seconds east, along the common line of said Edmonson and Pritchett Surveys for the southerly west line of said Parcel No. 1, a distance of 2217-66/100 feet to a 1" iron on the east side of an old 10" Oak comer post of a fence for a reemram corner of said Parcel No. 1. Thence north 89 degrees-06 minutes-19 seconds west, along a south line of said Parcel No. 1, a distance of 1997-71/100 feet to a 1" iron for the westerly southwest corner of said Parcel No. 1 and the southerly southeast corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right of way recorded in volume 529, page 538 of the said Deed Records. Thence northerly along the westerly line of said Parcel No. 1 and easterly line of said State of Texas tract: north 27 degrees-24 minutes east, 67-4/10 feet to a 5/8" iron set; north 30 degrees-30 minutes-19 seconds east, 599-93/100 feet to a damaged highway monument; north 77 degrees-36 minutes-05 seconds east, 312-4/10 feet to a highway monument; north 27 degrees-46 minutes-04 seconds east, 644-48/100 feet to a highway monument; north 17 degrees-40 minutes-05 seconds west, 183-48/100 feet to a damaged highway monument; north 62 degrees-19 minutes-40 seconds west, 138-75/100 feet to a highway monument; north 27 degrees-26 minutes-28 seconds east, 425-07/100 feet to a highway monument; north 22 degrees-24 minutes-56 seconds east, 100-27/100 feet to a damaged highway monument; north 27 degrees-39 minutes-15 seconds east, 1271-27/100 feet to a 1" iron in the north line of said Pritchett Survey and for the northwest corner of the said Parcel No. 1. Thence south 89 degrees-01 minutes-54 seconds east, along the said north line of Pritchett Survey, to and along the north line of said Harris Survey, for the north line of said Parcel No. 1, a distance of 3059-35/100 feet to a 1" iron for the northeast comer of said Harris Survey and said Parcel No. 1. Thence south no degrees-07 minutes-20 seconds west, to and along the said middle of County Road, being along the east line of said Harris Survey, to along the east line of said Edmonson Survey for the east line of said Parcel No. 1, a distance of 5300-12/100 feet to the place of beginning and containing 401-203/100 acres of which 3-96/100 acres lie within said County Road, leaving 397-243/1000 acres exclusive of said Road. Basis for bearings is deed call along the east line of Parcel No. 1. \ \ %.. Exhibit B P~IV4 T dA$, EDMU~[IC~ 6URV. AIl,ST. NO. 401 AMENDED CONCEPTPLAN AMENDING TRA~8 "E'.' THE VINTAGE A MASTER PLANNED COMMUNITY DENTON, 'FEX~ PD 139 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 3,2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT Z03-0009 (The Vintage, Liberty Christian -Detailed Plan) Hold a public hearing and consider adoption of an ordinance amending the Detail Plan for Planned Developmem 139 (PD-139) for approximately 110 acres. The property is generally located between Bonnie Brae Road and Interstate 35W adjacent to Vintage Boulevard. Seven gas well sites on approximately 21 acres, a private school site on approximately 60 acres, and single-family residemial on approximately 28.6 acres are proposed. The Planning and Zoning Commission recommends approval with conditions (5-0). BACKGROUND Applicam: Liberty Christian School DeNon, Texas The applicant is requesting the Detailed Plan amendment to allow 7 gas well sites on approximately 21 acres, a private school site on approximately 60 acres, and 85 single-family residemial lots on approximately 28.6 acres. The previously approved Detailed Plan did not show gas well sites or a private school site. A Concept Plan for the gas well sites, neighborhood services sites, and an amenity cemer were approved on May 14, 2002. A small public school site was included in prior approved version of the PD. With the proposed conditions recommended by staff, the amendmem to the Detailed Plan will be compatible with The DeNon Plan and surrounding land uses. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) (Commissioners Vicki Holt and Bob Powell were absent.) with the following conditions: 1. The final plat of the area designated as "private school" will not be approved until all the offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. 2. A Certificate of Occupancy (CO) will not be issued for a private school umil either Bonnie Brae is closed to traffic or flood-gates are installed on Bonnie Brae north of Vimage Blvd.- to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter right-of-way for Vimage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn lanes, imersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. 5. Gas Well Developmem Plats shall be required prior to commencing gas well operations and shall comply with Gas Well regulations in the DeNon Developmem Code and any subsequent amendments, thereto. a. Prior to the issuance of a Gas Well Permit by the Fire Marshal, Gas well numbers 5 and 6 shall be reclaimed from the designated flood plain according to an approved FEMA study. b. Gas well number 7 is located in a floodplain and a Gas Well Permit shall not be issued by the Fire Marshal umil standards for drilling in the floodplain have been adopted in the Denton Development Code. ESTIMATED PROJECT SCHEDULE The subject property is included in an approved General Developmem Plan. However, the approval of this request will require a revision to the General Developmem Plan. The approval of a revised General Developmem Plan, and Preliminary and Final plats will be required prior to issuance of any permits for developmem. PRIOR ACTION/REVIEW The following is a chronology of The Vimage Planned Developmem: March 5, 1991 Concept Plan Original approval of plan. Revision to include single-family, neighborhood September 7, 1999 Concept Plan services, public school site, mixed-use town center, community commercial district and park and bottomland open space. September 7, 1999 Detailed Plan Approval of single-family development on the north and south sides of Vintage Boulevard. Amendmem to include an amenity cemer, May 14, 2002 Concept Plan neighborhood services area, and gas well developmem. Amendment to include a private school site and June 3, 2003 Concept Plan reduce the single-family developmem. Amendment to allow for gas well development, a June 3, 2003 Detailed Plan reduction in single family residemial and a private school site. No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification 4. Detailed Plan 5. Ordinance and Exhibits Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: RLA, Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Request The Planned Development encompasses approximately 401 acres. The applicant is requesting approval of an amendment to the concept plan to allow for a private school site and a reduction in single-family home sites. The original single-family residential area (shown as "E" on Attachment 4) encompassed approximately 70 acres and allowed for 245 lots. The proposed amendment to the single-family location is comprised of approximately 29 acres and contains 85 lots. The density decreases from 3.5 to 3.0 units per acre. The reduction in single-family acreage allows for the approximately 60-acre private school site to be created on the southwestern portion of the PD- 139 land area. The proposed private school site previously contained an approximately 12-acre public school site and an approximately 2-acre neighborhood services site on the concept plan. The private school Detailed Plan as submitted does not meet Denton Development regulations in regards to site design criteria as follows: 1. Parking Spaces: The Upper School parking lot will not be broken up into blocks of 100 spaces to allow for a continuous hard surface for band practice. 2. Parking Location: There will be some parking between the street (Vintage Boulevard) and the building. The applicant is proposing visitor parking spaces at the drop off site in front of the main entrance to the high school. The applicant would like to create a separation between school faculty, student parking and outside visitor parking for security purposes. It is important to note this is Planned Development Zoning District and alternative design criteria can be approved with the PD zoning ordinance. Existing Condition of Property Property History. February 20, 2002 - The subject property retained the Planned Development 139 (PD-139) zoning status and land use classification by Ordinance 2002-040. The portions of the subject property in question are vacant and also contain portions of Environmentally Sensitive Areas (ESA) including stream buffer and floodplain. The development of gas wells number 5, 6 and 7 will impact ESA areas, but those areas were included in the previously approved General Development Plan (GDP) under the previous subdivision regulations. Those uses identified in the GDP are not being altered and it was anticipated (and allowed for) that portions of the floodplain would be reclaimed. Adjacent zoning: North: Neighborhood Residential 2 (NR-2) zoning district - Vacant Land South: Planned Development 138 (PD-138) zoning district - Vacant Land East: Neighborhood Residential Mixed Use (NRMU) (recently approved), Neighborhood Residential 6 (NR-6), Neighborhood Residential 2 (NR-2) zoning districts and Extra Territorial Jurisdiction (ET J) - Single-family residential, gas well development, and vacant land West: Commercial Mixed Use Employment (CM-E) zoning district - Vacant 1-35 frontage Infrastructure Analysis Two transportation conditions were incorporated into Ordinances 99-317 and 99-318 (amending the original concept plan and detailed plan for the ViMage) as a result of the approved traffic impact analysis associated with that proposal. They include: 1. Access to Bonnie Brae including construction access will not be permitted until such time that Bonnie Brae on either side of Ponder Road (ViMage Boulevard) is either closed or, substaMially improved to include City of DeMon standard pavemeM section and 100 year bridge improvemeMs. 2. No developmeM other than the single-family detached and one convenience store may occur until the Interchange at 1-35 and Ponder Road is reconstructed as a standard diamond configuration, or Ponder Road (Vintage Boulevard) is extended to Hwy. 377 and Ponder Road through the developmeM is constructed with 2 lanes in each direction. In negotiations with the Vintage Developer, it was agreed that the Developer would obtain the right-of-way for the extension of Ponder Road/FM 2449 (ViMage Boulevard) to Hwy. 377 and the city would construct two lanes of the road. The Developer has been negotiating with property owners for the right-of-way and is close to finalizing all agreements. The city does have sufficieM funds to build the two lanes and will commence design of the improvemeMs upon receipt of the right-of-way. It is aMicipated that the design and construction of the two lanes may take up to one year, bM could be as quick as nine month. This does not include the required railroad crossing near Hwy. 377. The railroad is responsible for the design and construction of all railroad crossings. The city has no coMrol on how long that will take and past experience indicates that it could be as long as two years. However, once the right-of-way is obtained, the complete construction of the two lanes should be completed within two years. The transportation/traffic patterns for a private school are much different than those associated with single-family uses. As such, staff has the same concerns regarding school site accessing Bonnie Brae. Bonnie Brae is currently a gravel road that is not constructed to accommodate large volumes of traffic. Additionally the low water crossings (especially to the north of ViMage Blvd.) are a major safety issue. Due to those safety issues, and the cost of building a new bridge over the crossing, the Mobility Plan ideMifies the northern low water crossing to be closed in the future. The closure would not happen until such time that the Vintage Blvd. connection to Hwy. 377 is completed. To accommodate the single-family developmeM to the north of ViMage Blvd., the developer extended a water main to the site. The capacity of that water main is only sufficient to service those single-family houses. Therefore additional water main(s) will be needed to serve the school site. A major concern associated with the developmeM of a school is supplying adequate water flow in the event of a fire. Currently there is a 20" water main along the south side of Hwy. 377 that can be tapped to service the Vintage development. Comprehensive Plan Analysis The private school and residential portions of the subject site are located within the "Neighborhood Centers" and "Floodplain" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood ceMers are orieMed inwardly, focusing on the ceMer of the neighborhood and coMaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood ceMer might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elemeMary school. 5 The DeNon Plan idemifies the following Primary Residemial Land Use Principles: Preserve Neighborhoods: The preservation of existing and future neighborhoods can be achieved by demanding and establishing design and construction standards that are fair and evenly applied. (page 35) Curremly the areas surrounding the site are vacam or single-family residemial. The planned uses for the remaining portions of PD-139 include a mix of single-family detached and attached homes, commercial developmem, and park space. The proposed amendmem to the detailed plan allowing for the private school site and the reduction in single-family residemial use would not be detrimental to the existing or future development of this area. New development will be compatible with the existing uses and zoning of the surrounding properties at this time. The gas well sites are located in a variety of future land use areas including Neighborhood Cemer, Flood Plain, Community Mixed Use and Regional Mixed-Use Cemer. Staff Findings 1. Proposed gas wells numbered 5, 6 and 7 are located in Environmemally Sensitive Areas. 2. The proposed private school use is a change of land use requiring differem transportation and mility improvemems than the existing single-family uses. Staff Recommendation Based on above findings staff recommends approval of the requested amendmem to the Detail Plan for the Planned Developmem 139 with the following conditions: 1. The final plat of the area designated as "private school" will not be approved umil all the offsite right-of-way for Vimage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. 2. A Certificate of Occupancy (CO) will not be issued for a private school umil either Bonnie Brae is closed to traffic or flood-gates are installed on Bonnie Brae north of Vimage Blvd.- to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter right-of-way for Vimage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn lanes, imersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. 5. Gas Well Developmem Plats shall be required prior to commencing gas well operations and shall comply with Gas Well regulations in the DeNon Developmem Code and any subsequent amendments, thereto. a. Prior to the issuance of a Gas Well Permit by the Fire Marshal, Gas well numbers 5 and 6 shall be reclaimed from the designated flood plain according to an approved FEMA study. b. Gas well number 7 is located in a floodplain and a Gas Well Permit shall not be issued by the Fire Marshal umil standards for drilling in the floodplain have been adopted in the Denton Development Code. ATTACHMENT 2 Location/Zoning Map NORTH ETJ Comp Plan Map NORTH ATTACHMENT 3 Public Notification NORTH Scale: None NOTIFICATION MAP Newspaper Notification Date: April 12, 2003 200' Legal Notices* sent via Certified Mail: · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% *Sites in the 500' notification area without addresses are not notified via courtesy notice. *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 *Property in the ETJ is not notified Attachment 4 DETAIL PLAN AMENDING TRACTS E, K, & L (123.44 ACRES) THE V I N"I'AO E A MASTER PLANNED COMMUNITY DENTON, TEXAS PD 139 6g!.Od - 1N3!AION31AIV ±N3IAIdOq3A3Q G3NNVqd i ~ 90OHOS NVI/SI~JHO AI~J3811 i .< -r- -r- z 10 DRAFT CondensvltTM Page 25 ! COMMISSIONER APPLE: IKall No. 7 is to 2 continue a public hearing, and Mr. Reiekhart will present. 3 I'll open the public hearing. 4 MR. REICHHART: Thank you. Stone parcel, 5 although the detailed plan will take in a little bit more 6 acreage than currently identified or than the concept plan 7 did. If you recall approximately a year ago or so, the 8 concept plan was amended to allow gas wells. So the 9 detailed plan now tonight will be the Liberty Christian 10 School site, the private school site. Here is the 11 single-family layout that's being proposed with the lots, 12 and I've identified in the orange the proposed gas well 13 sites. So it's those three detailed plans that we're 14 approving tonight. ~15 The conditions, again, are similar to the 16 concept plan with the addition, the only other changes 17 wca~ related to thc gas well ~ites. These two gas well 18 sites with the original Planned Development approval, some 19 filling of the floodplain was allowed and permitted, and 20 the applicant is going to do a little bit in these areas 21 as, you lmow, the original concept plan did allow for. 22 And then with this gas well site, it is in a floodplain, 23 and the condition stated might not be clear. I need to 24 give you a little explanation. 25 Staff is ~vorking right now with the gas 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 well folks, if you will, to analyze our rextuircments for an sup in floodplains. If you'll recall, if you build a gas well in a floodplain, it requires an suP. And we're trying to sm if there's any common ground or any conditions of an approval that we can both agree on, that if certain conditions are met, you could do that by right, whether it's minimum conditions or whatever. That would require additional public -- or workshops with the Planning and Zoning Commission and public hearings before 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 27 COMMISSIONER MULROY: YeS. Thank you, Madmn Chair. Larry, on that particular condition, the way it's worded actually precludes them from applying for an sup if the ordinance does not change? MR. REICHHART: what they would be able to do is come back and amend the detailed plan and remove that condition, if they wanted to. COMMISSIONER MULROY: If we liberalize the wording on that condition, then they could leave the gas well site as shown and come in for an suP. MR. REICHHART: whether they come in for an SUP or an amenchnent to the detailed plan, it's the stone process. And being a PD, the way to do that would be to mnend the detailed plan, I believe, as opposed to creating an sup on top of a detailed plan. COMMISSIONER MULROY: okay. MR_ REICHHART: SO it allows them to do the stone thing. COMMISSIONER MUEROY: okay. Thank you. MR. REICHHART: One thing. Obviously, the other big site on this is the Liberty Christian School. I wouldn't do it justice and I'll let the applicants present their application. And the only aspect I'd like to point out, they are, again, they are proposing some parking in front of the school, similar to what the high school did, Page 28 and it is a separation on the site and a circulation pattern associate, A with the school. We believe they're providing additional landscaping and buffering to mitigate that. But with a detailed plan, they can create their own regulations. So if the site plan, if we believe it meets the intent, it obviously doesn't have to meet the new criteria. We try to get to there as closely as we can. But staff believes that what they've done and the that goes any farther, and we're just starting that process. So what we've said is if that process goos through and we do develop those regulations, this site would have to adhere to those regulations. If that doesn't happen, they don't have an approval for this site and they would have to come back and prove their case separately on this. So it's basically conditional. If the City ends up developing regulations to allow development of gas wells, that site would adhere to them. If not, it will come back at a later date and basically prove their own case. And with that, again, I do know again the applicant is here, but T'd be happy to answer any questions that you would have. COMMISSIONER APPLE: conunissioner Mulroy. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 reasons they're doing it are founded, well-founded, and we do reconwnend approval with the conditions. COMMISSIONER APPLE: Thank you. Would the applicant like to add anything? MS. MITCHELL: I want to thank Mr. Reictthart. I appreciate the information that he has given to you and the accuracy of it. Again, we would just like to respectfully request that you approve this. I do want to let you imow we do have members of the Liberty Christian teean that are hem to answer any questions that you-all may have and they also may want to speak, as well, to you-all. With that, I'd be happy to answer any questions. COMMISSIONER APPLE: Thank you. MS. MITCHELL: Thank you. COMMISSIONER APPLE: I don't see any PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 25 - Page 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 CondcnsoltTM Page 29 questions. Is there anyone in the audience who would like to address this Agenda item? MR. WRIGHT: My name is Laboyne Wright. I have children, one child now. Excuse me. COMMISSIONER APPLE: Give us your address, please. MR. WRIGHT: 209 North Gibbons, Argyle. COMMISSIONER APPLE: Thank you. MR. WRIGHT: And thc school has put a lot of thought and effort into finding the right place. This particular site works well for our traffic which, as y'all know from our history in town, has been a little difficult. After Vintage is put through, it gives us a nice, clean intersection I think will help us, be more beneficial to the City, and probably also the police department. If you would consider this for us, we'd certainly appreciate it. And we would like to make this a quality campus, something that we' ll be proud of and the City of Denton. Thank you. COMMISSIONER APPLE: Thank you, sir. Is there anyone else who would like to address this Agenda item? Seeing no one coming forward, I'll dose the public hearing. Conunissioner Johnson. COMMISSIONER JOHNSON: Yes, Madam Chair, Page 30 I'd like to move approval with the conditions as outlined by staff. COMMISSIONER MULROY: second. COMMISSIONER APPLE: We have a motion and a Vote, please. Motion carries second. Any discuss[on? 5-0. 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 1 2 3 4 5 6 7 8 9 [0 11 12 14 t5 16 17 18 19 20 21 22 23 24 25 Page 31 Page 32 PLANNING AND ZONINO COMMISSION MAY 14, 2003 Page 29 - Page 32 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDED DETAILED. PLAN FOR APPROXIMATELY 110 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 139 (PD- 139) ZONING DISTRICT, INCLUDING SEVEN GAS WELL SITES ON APPROXIMATELLY 21 ACRES, PRIVATE SCHOOL ON APPROXIMATELY 60 ACRES, AND SINGLE-FAMILY RESIDENTIAL ON APPROXIMATELY 29 ACRES; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED BETWEEN BONNIE BRAE AND INTERSTATE 35W SOUTH OF THE VINTAGE BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVER_ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0009) WHEREAS, Liberty Christian School has applied for an approval of a detailed plan for approximately 110 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Propertf') located within Planned Development 139 (PD- 139); and WHEREAS, on May 14, 2003, the Planning and Zoning Commission concluded a public hearing as required by law, after which it recommended approval of the detailed plan with conditions; and WHEREAS, the City Council finds that the detailed plan is consistent with the approved concept plan and the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The detailed plan for the Property within Planned Development 139 (PD-139) attached hereto and incorporated herein by reference as Exhibit "B" is hereby approved, subject to the following conditions: The final plat of the area designated as "private school" will not be approved until all the offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie Brae is closed to traffic or flood-gates are installed on Bonnie Brae north of Vintage Blvd.- to be determined by the City. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and perimeter fight-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for such additional fight-of-way that is required for sidewalks, mm lanes, intersections, and the like. All fight-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. Gas Well Development Plats shall be required prior to commencing gas well operations and shall comply with Gas Well regulations in the Denton Development Code and any subsequent amendments, thereto. Prior to the issuance of a Gas Well Permit by the Fire Marshal, Gas well numbers 5 and 6 shall be reclaimed from the designated flood plain according to an approved FEMA study. Gas well number 7 is located in a floodplain and a Gas Well Permit shall not be issued by the Fire Marshall until standards for drilling in the floodplain have been adopted in the Denton Development Code. SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days fi.om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, cITy SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: - ~~ / Y Page 2 Exhibit A BEING a 123.44 acre tract located in the JAMES EDMONSON SURVEY, Abstract No. 401 and the JAMES L. HARRIS SURVEY, Abstract No. 555 situated about 4 miles southwest from the courthouse in Denton the county east for Denton County, Texas; embracing a part of a 401.203 acres Tract described in the deed to Denton CJW LTD., recorded in Clerks Document No.98-R0036601 of the Deed Records of Denton County, Texas and described by metes and bounds as follows. COMMENCING at 1" iron recovered for the southeast corner of the JAMES L. HARRIS SURVEY, Abstract No. 555 and the southeast corner of the said 401.203 acres Tract and run North no degrees 07 minutes-20 seconds East, along the east line of said 401.203 acres Tract, 548.83 feet to the Place of Beginning; THENCE North 00 degrees 07 minutes 20 seconds East 2578.36 feet to a corner; THENCE South 89 degrees 52 minutes 20 seconds East 2597.27 feet to a corner; THENCE Northwesterly with the arc of a curve to the right having a radius of 1560.00 feet, (long chord bears North 89 degrees 19 minutes 02 seconds West, 40.83 feet), a distance of 40.83 feet to the end of said curve; THENCE South 00 degrees 20 minutes 35 seconds West 862.43 feet to a corner; THENCE South 00 degrees 33 minutes 07 seconds West 468.08 feet to a corner; THENCE South 00 degrees 33 minutes 09 seconds East 657.96 feet to a corner; THENCE Southeasterly with the arc of a curve to the left having a radius of 375.00 feet, (long chord bears South 81 degrees 33 minutes 51 seconds East, 419.57 feet), a distance of 445.27 feet to the end of said curve; THENCE North 64 degrees 25 minutes 12 seconds East 279.83 feet to a corner; THENCE Northeasterly with the arc of a curve to the right having a radius of 875.00 feet, (long chord bears North 75 degrees 58 minutes 39 seconds East, 350.61 feet), a distance of 353.00 feet to the end of said curve; THENCE North 87 degrees 32 minutes 05 seconds East 635.80 feet to a corner; THENCE Southeasterly with the arc of a curve to the right having a radius of 375.00 feet, (long chord bears South 57 degrees 18 minutes 48 seconds East, 431.81 feet), a distance of 460.14 feet to the end of said curve; THENCE South 22 degrees 09 minutes 42 seconds East 103.25 feet to a corner; THENCE Southeasterly with the arc of a curve to the right having a radius of 625.00 feet, (long chord bears South 43 degrees 59 minutes 16 seconds East, 463.05 feet), a distance of 474.36 feet to the end of said curve; THENCE South 65 degrees 38 minutes 51 seconds East 255.84 feet to a corner; THENCE South 89 degrees 52 minutes 00 seconds East 49.25 feet to the Place Of Beginning and containing some 123.44 acres of land, more or less. Exhibit B DETAIL PLAN AMENDING TRAGT$ E, K, & L (123.44 ACRES) THE VINTAGE A MASTER PLANNED COMMUNITY DENTON. TEXAS PD 139 NVld ~J.LI~ ] 6~,ad - .I.N~I/',IaN~ V',I¥ .L~'~lV',ldO'llaA'~a CI':'::'::JNNV-ld J "IOOHOS NVI_L$1~HO ,,k..Lkl::lSl"l AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 3, 2003 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT Z03-0003 (Teasley Gas Well No 1) Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit for a gas well site. The approximately 37 acre property is in a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and is generally located north of Ocean Drive approximately 1,000 feet east of Teasley Lane. Gas well drilling and production is proposed. BACKGROUND Applicant: Jerry Stokes Colleyville, TX The applicant has submitted a request for a Specific Use Permit (SUP) proposing one gas well on the property. The gas well regulations allow gas well sites only with the approval of a Specific Use Permit in the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received 2 responses in favor, one neutral and no replies in opposition from property owners within 200 feet of the subject site. One March 12, 2003 the Planning and Zoning Commission approved the Specific Use Permit request (5-1). On April 1, 2003 the City Council voted to send the request back to the Planning and Zoning Commission due to the applicants desire to change the location of the gas well. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the requested Specific Use Permit (5-2) (Commissioners Apple and Holt opposed), with the following conditions: 1. All residences within 500 feet of the wellhead are notified twenty-four hours prior to beginning any fracing. 2. Install and maintain an eight-foot in height blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. Fencing should be of a neutral color. 1 o o o The access and driveway to well site shall be at least 18 feet from the southern boundary line of the property. The access and driveway shall be wetted down during the drilling process to reduce the amount of dust and dirt disturbed. Once Hickory Creek Road expansion has been completed, permanent access to the gas well site shall be made from Hickory Creek Road. The well site shall be moved to the north so that no residences will be located within 500 feet of the wellhead. ESTIMATED PROJECT SCHEDULE The approval of a Gas Well Development Plat will be required prior to issuance of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0003, commonly known as Teasley Lane Gas Well No. 1: Ordinance 2002-040, adopted February 20, 2002 placed the subject property in the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts and land use classification. Prior to the adoption of the Development Code, the property was zoned Agricultural (A). On March 12, 2003 the Planning and Zoning Commission approved the SUP request (5-1) with conditions, Commissioner Apple opposing and Commissioner Holt absent. On April 1, 2003 the City Council voted to send the request back to the Planning and Zoning Commission to review the site plan change. A Neighborhood Meeting was held on April 16, 2003 at McNair Elementary School with property owners within 200 feet of the site. Concern was raised regarding the proposed location of the access and driveway to the drilling site. On April 23, 2003 the Planning and Zoning Commission approved the SUP request (5-2) with conditions. Commissioner Apple and Commissioner Holt opposed. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Site Plan 5. Draft Ordinance 6. April 23, 2003 Planning and Zoning Minutes Prepared by: Wes Morrison Planner I Respectfully submitted: Re/ Development ~g and ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is zoned Neighborhood Residemial Mixed Use (NRMU) and Neighborhood Residemial Mixed Use 12 (NRMU-12) and is surrounded by residemial zoning districts. The applicam must obtain the approval of a Specific Use Permit (SUP) to allow for the construction of a gas well site. The SUP is required both in the Neighborhood Residemial Mixed Use and the Neighborhood Residemial Mixed Use 12 zoning districts. The applicam is requesting the placemem of a gas well for drilling and production on the property. Existing Condition of Property The subject property is vacam. The property comains floodplain on the southwestern border of the site and 4.5 acres of upland habitat along the northern part of the site. Adjacem Zoning & Land Uses: North: Planned Developmem (PD-176) zoning district- vacam land South: Neighborhood Residemial 4 (NR-4) zoning district - single family homes and future single family. East: Planned Developmem (PD-176) - single family homes and future single family West: Neighborhood Residemial 6 (NR-6) zoning district - vacam land. One vacam house is located within 500 feet of the proposed gas well site. Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in convemional patterns or may be developed in a pattern of 'neighborhood cemers'. Neighborhood cemers are oriemed inwardly, focusing on the cemer of the neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elememary school. Developmem Review Analysis Transportation Trip Generation. After construction of the well site, no significant vehicle trips will be generated. A Traffic Impact Analysis will not be required. Access and Connectivity Access to the property will be made from Teasley Lane. Teasley Lane is idemified in the DeNon Mobility Plan as a Primary Major Arterial. Teasley Lane, also known as Farm-to- Market Road 2181, is maimained by TXDOT. In neighborhood meetings and phone calls with area residents, a request was made to move the current driveway location to the property to the north end of the site. This could be a possible condition attached to the SUP however, the applicam would have to work with TXDOT for approval of relocating the driveway. This may be difficult to obtain. Developmem Code / Zoning Analysis The applicam has proposed the construction of a gas well site. The Neighborhood Residemial Mixed Use and Neighborhood Mixed Use 12 zoning districts allow gas well sites only with the approval of a specific use permit. All gas well sites shall comply with the Subchapter 22 of the Development Code that pertains to gas well drilling and production. Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; The operation of the gas well site should not diminish or impair property values in the immediate vicinity, as the proposed location of the wellhead is emirely located on the subject property. The driveway accessing the property is located on the southern property line and extends along the property line of the site directly to the south of the site. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishmem of this specific use will impede the normal and orderly developmem of surrounding property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities will be provided. 4. 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; All proposed parking areas and driveways meet the requiremems of the City of DeNon. 5. That adequate nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; Adequate nuisance prevemion measures will be taken. With the exception of fracing and drilling the well, no noise, odor or fumes will be produced. Subchapter 22 of the Developmem Code addresses the issue of nuisance prevemion measures. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Proposed lighting will not affect neighboring properties. Subchapter 22 of the Developmem Code addresses the issue of directional lighting. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Landscaping could be used as a screen due to the future single-family developmem in the area. Another option could include painting storage tanks neutral colors to blend in with the area. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. Staff Findings 1. The proposed use is compatible with the intent of The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. 2. The establishment of a gas well site at this location will not have any detrimental impact on the surrounding area. Staff Recommendation Based on the above findings, staff recommends approval of the specific use permit with the following conditions: 1. All residences within 500 feet of the wellhead are notified twenty-four hours prior to beginning any fracing. 2. Install and maintain a blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. Fencing should be of a neutral color. 3. Driveway to well site shall be at least 18 feet from the southern boundary line of the property. 4. Driveway shall be wetted down during the drilling process to reduce the amount of dust and dirt disturbed. 5. Once Hickory Creek Road expansion has been completed, permanent access to the site shall be made from Hickory Creek Road. 6. The well site shall be moved to the north so that no residences will be located within 500 feet of the wellhead. ATTACHMENT 2 LOCATION & ZONING MAP NORTH LAND USE & ESA MAP Well Site Upland Habitat SiTE Floodplain __ Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map Scale: L"imits ~f 500' Notification Limits of 200' Notification SITE Map Legend Responses in Favor Responses in Opposition Neutral Responses Public Notification Date April 10, 2003 200' Legal Notices* sent via Certified Mail: Number of responses to 200' Legal Notice · In Opposition: 9 · In Favor: 2 · Neutral: 1 Percent of land within 200' in opposition: Less than 6% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 37 ACRES OF LAND GENERALLY LOCATED NORTH OF OCEAN DRIVE APPROXIMATELY 1,000 FEET EAST OF TEASLEY LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESiDENITAL MIXED USE - 12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE M.A_X]ML~ AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0003) WHEREAS, Mid Continent Geological, INC. has applied for a specific use permit for a gas well development within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use - 12 zoning district classification and use designation on approximately 37 acres of land generally located north of Ocean Drive approximately 1,000 feet east of Teasley Lane, as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on April 23, 2003, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a gas well development; and WHEREAS, the City Council £mds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following conditions exist: The gas well development 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; and The establishment of the gas well development will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and an'angement 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; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility With adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit to allow a gas well development within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood residential Mixed Use-12 (NRMU- 12) zoning district classification and use designation on the Property is hereby approved, subject to the following conditions: 1. All residences within 500 feet of the well site will be noticed 24 hours prior to the fracing of the wellhead. 2. A blockade style fence will be installed on steel post around the well site to create a visually appealing screen for the well site. 3. Development and operation of the gas well development shall be in accordance with the site plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B". 4. Driveway to well site shall be no closer than 18 feet to southern property line. 5. Driveway shall be wetted down to reduce the amount of dust and dirt disturbed during the drilling process. 6. Permanent access to the wellhead shall be relocated to Hickory Creek Road once the expansion has been completed. SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PAGE 2 PASSED AND APPROVED this the ~ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 Exhibit A Teasley Lane: LEGAL DESCRIPTION FIELD NOTES to all that certain lot, tract or parcel of land situated in the Berry Merchant Survey, Abstract # 800, Denton County, Texas and being a re-survey of all of a called 37.817 acre Tract described in the deed to Herschel V. Forester, Trustee, recorded in Volume 605, Page 621, Deed Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the East line of a road under apparent public use posted as FM Road 2181 for the Southwest comer of the tract being described here, also being the northwest comer of Childrens Lighthouse Childcare Learning Center, an addition to the City of Denton, recorded in Cabinet T, page 309, Plat Records Denton County Texas; THENCE North 01 Degrees 21 Minutes 10 Seconds West with the East line of said road a distance of 654.64 feet to 1/2 inch capped iron rod set for the Northwest comer of said herein described tract; THENCE North 89 Degrees 40 Minutes 01 Seconds East with the North line thereof of said 37.817 acre tract a distance of 2476.32 feet to a 1 inch iron rod found in the West line of Wynstone at Oakmont, Phase II, an addition to the City of Denton, according to the plat thereof, recorded in Cabinet S, Page 323, said plat records, for the Northeast comer of said 37.78 acre tract; THENCE South 01 Degrees 57 Minutes 00 Seconds East with the East line of said tract, a distance of 650.53 feet to a 1/2-inch capped iron rod set for the Southeast comer of said 37.817, THENCE South 89 Degrees 34 Minutes 07 Seconds West with the South line of said 37.817 acre tract a distance of 2483.03 feet to the PLACE OF BEGINNING and enclosing 37.14 acres of land more or less. Attachment 6 COMMISSIONER APPLE: The next item is is 2 also a public hearing and Wes Morrison with the City's 3 planning staff will present. I will open the public 4 hearing at this time. 5 MR, MoRRISON: Good evening. The applicant 6 tonight is coming to you for a second time. On March 12th 7 you heard the applicant request a specific use pm-mit for 8 a gas well on an tqea~au-~2 zoning district on Teasley Lane. 9 On April 1st City Council voted to send this case back to 10 you due to the site change that was made between the March 11 12th meeting and the April 1 st meeting. : 12 Now, the new sire is located between the 13 upland habitat and the floodplain and the access to the 14 site is now along the southern boundary of the property as 15 opposed to the old site was the access -- oh, I'm sorry, 16 the access stays the same, but the driveway was on the 17 northern part and the well sire was on the western part -- 18 I'm sorry, the eastern part of the floodplain. 19 Propc-a't-y owngrs within 200 feet and 20 residents within 500 feet were notified. And at this 21 time, we've received a petition in opposition that was 22 signed by eight property owners of the Teasloy Harbor 23 neighborhood. That's located south of this sire. And on 24 April the 16th, we had a neighborhood meeting at the 25 McNair Elementary School that was -- I'm sorry, lost my Page 18 1 train of thought -- that had five people from that 2 neighborhood, Teasley neighborhood that were there and 3 questions were answered by the applicant that's here 4 tonight. 5 Thc main concern from that meeting and the 6 tel~hone conversations I've had with other residents from 7 Teasley Harbor is the location of the driveway and the 8 access to the site. They would like to see it moved north 9 back to where it originally was. 10 Yesterday I received a letter from a 11 representative of the Lighthouse Dayeare. I believe you 12 received that prior m this meeting. And they are now in 13 opposition of the location of the driveway for the site. 14. As of today, I've received three responses in favor and 15 one neutral to the request. 16 The proposed request is compatible with the 17 Denton Plan and the Development Code. Staff recommends 18 approval based on the following conditions that were 19 approved on the March 12th meeting, which I need to make a 20 change as torte staff report that you received last week. 21 On the first condition, it said that all residents within 22 500 feet of the well head are to be notified 24 hours in 23 advance of the drilling of the site. That should read 24 fracking of the site. And I do apologize for that. 25 And the second one is to install and Page t 9 I maintain a blockade-style fence constructed on steel posts 2 around the well head site. Are there any questions at 3 this time? 4 COMMISSIONER APPLE: commissioner Holt. 5 COMMISSIONER HOLT: Yes. Could you point 6 out on that map where the driveway will be? 7 MR. MORRISON: That sits, it's located 8 right here and the driveway will slide through here. 9 Actually, I have a -- if I can get the docucam up, this i0 may help you a little bit more. And this should have been 11 in your backup. It will go right along this property. 12 COMMISSIONER HOLT: Thank you. 13 MR. MORRISON: Right. And opposed to -- 14 COMMISSIONER APPLE: Mr. Re[chhart. 15 MR. REICHH^RT: I think he's going to show 16 it right now. 17 MR. MORRISON: This is what -- 18 MR. REICHHART: That was the original. 19 COMMISSIONER HOLT: why was it changed? 20 MR. MORRISON: rm sorry. Why? 2l COMMISSIONER HOLT: why was it changed? 22 MR. MORRISON: [ think probably the 23 applicant should probably answer that. I don't really -- 24 my understanding is that the property owner wanted, the 25 surface owner wanted that, but I'd feel more comfortable Page 20 1 with the applicant answor/ng that. 2 COMMISSIONER APPLE: Mr. R~ichhart. 3 MR, REICHHART: well, and very briefly as 4 was discussed during the City Council before they rgmanded 5 this back, there's an existing gravel drive that the 6 surface owner currently uses where they want -- where 7 they're proposing it. So there is a dirt road, if you 8 will, gravel road akeady in place at that location. 9 COMMISSIONER APPLE: Thank you. Wou~d the 10 applicant like to come forward? Commissioner Powell. 11 COMMISSIONER POWELL: yeah. I might add 12 about that road, the road that it used to bo or we wore 13 first told it would be goes or appears to go through what 14 is called an upland habitat where the new configuration 15 apparently doesn't. Maybe that would be helpful. I don't 16 know. That was a comment rather than a question. 17 COMMISSIONER A?eLE: Thank you. Mr. 18 Morrison, could you address that and is that accurate? 19 MR. MORR[SON: That is correct. 20 COMMISSIONER APPLE: Thank you. 21 MR, COLEMAN: Madam Chair, Conunissioners, 22 my name is Bill Coleman. My office is at 300 North Ehu 23 Street here in Denton, Texas, and I am representing the 24 applicant in this matter. 25 As Mr. Mordson told you, the reason that PLANNING AND ZONING COMMISSION APRIL 23, 2003 Page 17 - Page 20 i we came back here is between the last meeting that we had 2 in from of this body and the time we went to the Council, 3 Mr. Stokes and Mr. Forester were negotiating on the size 4 and the location of the ultimate production pad site. And 5 as you can see on this new version here, that something 6 that was not taken into consideration on the first layout, 7 this doesn't show the extension of Hickory Creek Road nor 8 the extension of 2499. 9 According to thc City of Denton Mobility 10 Plan, Hickory Creek Road will ultimately be extended in an 11 easterly direction and 2499 in a northerly direction to 12 create an intersection here. Putting the production pad 13 in this area would greatly restrict the surface owner's 14 use of the land adjacent to 2499 and Hickory Creek at an ~ 15 intersection. 16 Therefore, they worked out a deal. And Mr. 17 Forester and Mr. Stokes am both here to answer your 18 questions. But, essentially, they worked out a deal to 19 put thc well site here. 20 Additionally, the first plan was based on 21 the existing driveway location that is right here. That's 22 what the permit was applied for along with the gas well 23 development plat, and that's where the driveway actually 24 is. 25 The TXDOT permit calls for reconstructing Attachment 6 Page 23 1 over a little bit, please. The curb cut on Teasley is 2 d/fferent than this drawing, than what we saw before when 3 you were here before us. Because we discussed the idea of 4 you moving the entrance to the site to the north and you 5 said you could not or did not -~ it wasn't practical 6 because of the having to work with TXDOT and get another 7 cut. 8 MR. COLEMAN: Yes, sir. 9 COMMISSIONER ROY: BUt if yOU could look at 10 the drawing you showed us before, and you can soo that 11 there's, I don't know what the scale is, but there's some 12 distance between the curb cut there and the school, In t3 the new drawing there's -- the curb cut seems to be right 14 up against the fence at the school. Is that correct? 15 MR. COLEMAN'. YeS, sir, it is. Both 16 drawings indicate the usc of an existing driveway. I 17 believe that -- I did not prepare these drawings. They 18 come from the gas well development plat that was submitted 19 in this case by others. But they call for an existing 20 driveway. This was a, more or less, schematic 21 representation. I believe the more accurate depiction of 22 the location of the driveway is down here. When the gas 23 well development plat was revised, they not only moved thc 24 location but they added other factors to be considered 25 when they submitted it to the planning staff for review. Page 22 I the driveway in its current position. Because of the 2 proposed changes to this intersection eventually, putting 3 another -~ a new access up and down the frontage, that 4 might have to change later because it depends on what 5 happens and how they develop the rest of the property, 6 would possibly cause damage to the process of developing 7 the property. So they wanted to use the existing 8 driveway. 9 The most direct route is along an existing 10 driveway coming in from the drive entrance here across the 1 property to the well site. Once again, this was put 12 together in anticipation and addressing some of the issues 13 that came up in the public hearing in front of this body, t4 as well as discussions between the two parties involved. It 5 As you pointed out, we do not disturb a great deal of 16 upland habitat along the ~aorth boundary line by going up 17 and around the way we did before. 18 Mr. Forester has placed some restrictions 19 as to the location of the road that he has, you know, for 20 his benefit of the property. That's all I have at this 21 time, 'l-he Council thought we should bring it back and let 22 you look at lt. I'm available for any questions. 23 COMMISSIONER APPLE: Thank you. 24 Commissioner Roy. 125 COMMISSIONER ROY: YOU need [o move that Page 24 ] COMMISSIONER ROY: when the entrance was a 2 little further to the north and then it went up to the 3 north area and into the site, it did not significantly, in 4 my mind, impact thc row of houses that were along~ I 5 think, Ocean Street or something. Now I sec a milch more 6 significant potential for impacting that neighborhood. 7 This just is an area of concern at this moment. 8 MR. COLEMAN: YeS, sir, I understand. 9 There will be, according to the situation that Mr. Stokes 10 and Mr. Forester worked out, it's my understanding that 11 them will be approximately a 20-foot buffer between tile 12 road and the south property line in the location that 13 they're proposing. 14 Also, the entrance will be reconstructed 15 which will move it to the north somewhat when they do that 16 to make room for the wider entrance and to set back the 17 gate further. They're going to have to come in with 18 beveled fences off of the right-of-way to account for tile 19 -- to get on to the property. 20 So any changes they're going to make -- and 21 also, again, I will let the parties at interest discuss 22 that, but they worked out several provisions between them 23 for maintaining security and safety and screening for tile 24 site over and above what the Commission has asked for. 25 COMMISSIONER ROY: Thank you. PLANNING AND ZONING COMMISSION APRIL 23,2003 Page 21 - Page 24 Attachment 6 1 COMMISSIONER APPLE: I have a question. 2 Did you say that there is a buffer between the road and 3 the homes? 4 MR. COLEMAN: It'S my understanding that 5 while schematically it appears on this &awing to be right 6 adjacent to the property line, that the actual.gravel road 7 surface will be 20 to 22 feet wide and the north side of 8 it will be 42 feet from the south boundary line, which 9 would leave a 20-foot buffer between the south side of the 10 road and the south boundary line. 11 COMMISSIONER APPLE: DO they not have any 12 drawings to indicate the accuracy of what we'd be looking 13 at? Because what I'm looking at is those tracks rumbling 14 along just directly behind about seven of thom homes and 15 then pretty dam close, looks like there's 17 or 18 lots 16 along there, and that road looks awfully close to me and I 17 know those trucks are pretty noisy and it -- do they have 18 any drawings that, since you say this doesn't reflect it, 19 what are wc to go by because that's what we have? 20 MR. COLEMAN: I don't know that -- I don't 21 have any. I'm not sure that any have been prepared. 22 We'll be glad to do that if it would be of benefit or if 23 you attach that requirement to this. 24 Again, I would have to defer to one of the 25 other parties, i'm not sure how they've negotiated this Page 26 1 out, if they have any documentation to support it or 2 whatever. This is a copy of the gas well development plat 3 that was submitted for review by the planning staff. 4 COMMISSIONER APPLE: SO, technically, this 5 is what we have to go by? 6 MR. COLEMAN: Right. Now, I don't know -- 7 what's the status of the gas well development plat? Has 8 it been approved? 9 MR. REICHHART: It won't be approved until 10 the sup is. 11 MR. COLEMAN: The SUP is, okay. That is 12 something that we could address on the gas well 13 development plat that the planning staff approves and we 14 would be more than happy to indicate that dimensioning on 15 the plat if you so choose. ,16 COMMISSIONER APPLE: Thank you. 17 Commissioner Mu[roy. 18 COMMISSIONER MULROY: Yes. Thank you, 19 Madam Chair. I have a couple of questions. ·Probably, Mr. 20 Coleman, it would be more appropriate for Mr. Stokes and 21 Mr. Forester. Ultimately, the proximity to the homes is 22 of a concern, as you've heard. I don't think you can do 23 much about the noise and the heavy traffic at the time of 24 the actual drilling of the well in those three to four 25 weeks. But after the well comes in and is piped in, what Page 27 1 kind of traffic will be on that road? 2 M~. STOKP_S: jerry Stokes, 4304 Chimney 3 Rock Court, Collcyville, Texas. 4 COMMISSIONER APPLE: Thank you. 5 MR. STO~<r.S: Daily traffic to the well on a 6 day by day basis should not be more than one, possibly two 7 vehicles. A pickup truck comes in and checks the well 8 once a day on an average. That's it. 9 COMMISSIONER MULROY: okay. Then my second 10 question is if dust becomes problematic during your heavy 11 traffic, your well drilling process, would you consider 12 wetting the road down to keep the dust from aggravating 13 the neighborhood? 14 MR. STOa<eS: YeS, we will. 15 COMMISSIONER MULRO¥: And in the furore, 16 would you consider chang{ne the routing and have your 17 access and egress to Hickory Creek Road when that is built 18 and take your access away from behind the houses? 19 MR. STOKES: Yes, that is the plan that as 20 soon as Hickory Creek Road is finished along the north, 21 that access to the well will come off of Hickory Creek and 22 come drop straight south to the well. 23 COMMISSIONER MULROY: And, Mr. Forester, 24 you're agreeing with that? You're the surface owner? 25 MR. FORESTER: Yes, sir. Madam Chair, Page 28 1 members of the Planning and Zoning Commission, Herschel 2 Forester, 4445 Alpha Road, Dallas, Texas. That is correct 3 and it is a temporary drive. And I think that's one thing 4 that kind of, as trustee for the owners, made us a little 5 lax in really working with these gentlemen and that is the 6 word U~mporary. 7 And then we realized later on after the 8 hearing, the first one or sometime during that timeframe, 9 that TxDOT actually is very serious about g/ring permits. 10 And once you get your permit, that's where you're going to 11 be. So we see this as a future access point but 12 definitely it is a temporary acceSs point for the 13 development that wilt be there in the furore but we see it 14 as a temporary for the gas well until such time as Hickory 15 Creeok is completed. And that' s part of our agreement that 16 we have with th~m~ 17 COMMISSIONER MULROY: Thank you, Mr. 18 Forester. Thank you, Mr. Stokes. 19 COMMISSIONER APPLE: [ have a follow-up 20 question back to my original concern. I'm not concerned 21 about the pickup truck that's just going to come check on · 22 it after it's already going. My concern is all the heavy 23 trucks and all the noisy stuff that goes on at the initial 24 set up. And those trucks are going to be going down that 25 gravel road; is that correct? ,LANNING AND ZONING COMMISSION APRIL 23,2003 Page 25 - Page 28 Attachment 6 I MR. STOKES: Yes, ma'am. I think the gate 2 and the setback will be -- not be right on the line as 3 this picture is depicted. There will be a mm-in, I 4 think, of approximately 50 or 60 feet or so and it will 5 not be right on the straight south boundary. It will be a 6 little north of that point. ~ want to say probably 15 or 7 20 feet. 8 And then the road will continue along due 9 west -- excuse me, due east and there is about a 20-foot 10 buffer that we're trying to leave from the south boundary 11 of the road to the south boundary of the property, and 12 then it will proceed along due west. And there's another 13 issue of the dirt here. It will actually, when this dirt 14 is moved, because of the development of this neighborhood: 15 the road will be coming along this particular point and 16 then turning straight north. 17 MR. FORESTER: May I clarify? The road 18 from the south boundary we anticipate would be 18 feet, 19 would begin 18 feet north of the south boundary due to the 20 fact we anticipate head-in parking on the actual south 21 boundary. 22 COMMISSIONER APPLE: 18 feet. Thank you. 23 I don't see any further questions. Thank you, gentlemen. 24 Is there anyone in the audience who wishes to address this 25 Agenda item? If you'll give your name and address, Page 30 1 please. 2 MR, COLLINS: chris Collins, 3009 Ocean 3 Drive. [ live on the fence hne that the proposed road 4 would go along. And that's definitely one of our big 5 issues is all the traffic going right behind the fence. 6 COMMISSIONER APPLE: could you show us 7 where your home is? Are you able to -- 8 MR. COLLI~S: I think I'm number four. 9' COMMISSIONER APPLE: Thank you. 10 MR. COLLINS: You're welcome. We had some 11 other issues we talked about last time we had a Planning 12 and Zoning Commission committee meeting on this. We 13 talked about trees versus a blockade fence. And one of 14 the issues was that there was going to be no water 15 supplied to the site, so they wouldn't be able to 16 irrigate. t 7. But in the standards for gas well drilling, 18 and I took this off the Denton City's website which is 19 very good, by the way. It says a gas well development 20 plat shall provide for adequate public facilities 2t including water supply. So we're wondering why there's no 22 water supply planned for this well site. Why couldn't you 23 put up trees instead 0f just a blockade fence? It's going 24 to look more natural. It's not going to draw attention 25 to that site. So wondering if you could answer that for Page 3 t 1 us. 2 COMMISSIONER APPLE: Mr..Reichhart. 3 MR. REICHHART: I gl.lOSS therO'S W~'O typeS 4 of water supply. One, what they need to frack the well 5 and get the well under operation. And there's diffea~ent 6 ways they can do ttmt, either bring in water trucks or 7 lay, you know, connect to a fire hydrant and lay hose 8 across the ground to get it there. Either way is 9 acceptable and will have to be identified on file plat. 10 But, typically, we don't require, you know, fire hydrants 11 or water being brought to the site to address, you know, 12 domestic service or anything hke that because there 13 typically isn't any needed. 14 MR. COLLINS: M1 right. Another question 15 here. Basically, 35.22.3A and B refer to the distance t 6 that a well liead can be from residential structure, other 17 meeting places, et cetera. And there is one house, one 18 residential building that is within 500 feet of that site. 19 It's currently unoccupied. All right. But it doesn't say 20 that it has to be occupied. It just says that you have to 21 have the owner's permission in writing if you're 500 feet 22 or less from the structure. And I understand that these 23 gentlemen do not have the written permission so maybe you 24 can shed some light on that. 25 COMMISSIONER APPLE: Mr. Reichhart. Page 32 t MR. RE[CHHART: I[ also says to either get 2 the owner's permission or you will be required to do an 3 SUP, which is what they're going through right now is a 4 specific use permit. If it's - if the owner is within 5 250 and 500 feet, if you get the owner's pemfission, you 6 will not need the specific use permit. 7 If it's less than 250, regardless if the 8 owner does give permission, you do need the specific use 9 permit and then there are certain zoning classifications 10 that will require you, regardless of where people are, to 11 get a specific use permit. 12 The process is the same. The notification 13 is the same for all three of those for the public hearing. 14 Anybody within 200 feet gets the legal notice and 500 feet 15 gets the courtesy notice, and then it's advertised in the 16 paper and we have a publdc hearing. So the end result is 17 the same. We are having the specific use permit, 18 depending on which criteria kicked it in, the end result 19 is the same. We're having the public hearings on this 20 case. 21 MR. COrings: I have to apologize for a 22 late arrival bui none of our -- well, very few of our 23 residents are getting these notices in the mail. [just 24 found out about this today by word of mouth rather than in 25 the mail. So something about tax, you know -- so it*s a PLANNING AND ZONING COMMISSION APRIL 23,2003 Page 29 - Page 32 Attachment 6 .... rage-yo 1 new neighborhood so a little bit unorganized. 2 COMMISSIONER APPLE: Mr. Reichhart would 3 like to address that, too. 4 MR. COLLINS: SUre. 5 MR. REICH~IART: And you are correct. It's 6 regarding, we're required by State law to send to the most 7 recent tax rolls. And if the property wasn't on the tax 8 roll at the time that it was approved, then it wouldn't 9 get the legal notice but it should get, if it's within 500 ]10 feet, it should get at least the physical address. That's 11 why we send the courtesy notice to the physical address 12 that we have in our GIS database. As long as that's up to 13 date, I mean, theoretically, you would get that notice and 14 then see that you're within feet and then request the 15 200-foot notice. 16 MR. COLLINS: what is the -- right now 17 they've got the road drawn from an entrance at the comer 18 of the property, the southwest comer of the property. 19 And I understand that that's an existing driveway and 20 21 22 23 24 25 that's the basis, at least initially, they told us that was the basis of -- well, the reason that that was put where it is. And we would like to explore the possibilities of moving that entrance to the north and want to get your input on that. What is entailed in moving that driveway north? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ..... Page 35 papers to show this. So the information that I gathered from thc Teasley Harbor Committee for the homeowners was that the gas well would be way over here. It would be well out of harm's way for us as homeowners. And now I have not been notified since that there was a change in where they're going to be drilling this well. I'm wondering why, first of all, we were not notified there was a change in the site of the drilling. And now ! didn't even know until today that there was a change in the site. I assumed that the notice I got about this meeting was just another notice for the same site that was way over here. So none of the homeowners that arc involved even know that there's been a change and that the well is actually going to be put in much closer than we were originally told by Mr. Stokes. COMMISSIONER APPLE: Thank you. Is there anyone else in the audience who wishes to address this Page 34 ] COMMISSIONER APPLE: Mr. Reiclthart. 2 MR. REICHHART: qrhey would need to get a 3 TxDOT driveway permit to do that and they would process 4 that through our office. It is possible, 5 MR. COLtI~qS: It is possible. Okay. 6 MR. RE[CHHART: There are distance 7 separations from other driveways that would have to be 8 investigated and such, but it is possible. 9 Ma. COLL~4S: Sut this location is not the 10 only possible location necessarily? 11 ~m. REICHHAR'I': NO. 12 MR. COLLINS: okay. All right. I don't 13 have any other questions. Thank you. 14 COMMiSSIONER APPLE: Thank you. We have a 15 card from a Margaret Thomas who wishes to speak. 16 MS. THOMAS: My name is Margaret Thomas and 17 I live at 5025 Coral Cove. My home is right hem where 18 the tip of the pen is. I'm representing Teasley Harbor 19 Homeowner's Association. I'm a member of the committee. 20 And I had a meeting with Mr. Stokes in my 21 home and the committee to get as much information on this 22 gas well as we could get. And at the time Mr. Stokes was 23 very cooperative and he gave us -- he answered the 24 questions we asked, but the oil -- the gas well was not 25 here at the time. He said it was back over here. I have 2O 21 22 23 24 25 Agenda item? Seeing no one coming forward, I'll give the applicant -- all right. If youql come to the podium and give your name and address, please. MR, RITZ: Pm Smart Ritz. I'm lhe Vice President for Sales and Marketing for Coleman Homes. We own a home that's right next to this proposed gas. Page 36 PLANNING AND ZONING COMMISSION 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 COMMISSIONER APPLE: Can yOU show us on the map where your home is located? MR. RITZ: It's this one right here. Can you see that? COMMISSIONER POWELL: IS that the last one down, sir? MR. RITZ: YP.~, it is. COMMISSIONER POWELL: Last one to the right? MR~ RITZ: YeS, sir. COMMISSIONER APPLE: Thank you. MR. RITZ: we object to this being there. We have been contacted by some of the homeowners and we were unaware of this, although we have been checking the mail there. We don't feel like this is going to be in the best interest of our community and certainly is going to be very unsightly and make that home not only mom difficult for us to sell, but less advantageous to thc people who buy it to live there. In fact, it will make it nearly impossible to sell with that there. It is -- this conununity is just an absolutely wonderful community for us and I think it's a good community for the City. Having said that, after confcmdng with the president of our company, he's asked me to come here. And I apologize for being late. I never APRIL 23, 2003 Page 33 - Page 36 Attachment 6 1 anticipated the traffic coming here. And so I apologize 2 for that. 3 But let me assure you that after having 4 looked into this, we would not, if given the opportunity, 5 consent, ever give our consent to this going into this 6 location, especially given the support and the 7 cohesiveness of this community. The homeowners there, 8 both builders and this community, and thc contact is 9 coming in from other, the builders of some of the other t0 homes in there in order to get us to hopefully respond to 11 this and get you guys to consider maybe them finding an 12 alternative way of doing this. 13 COMMISSIONER APPLE: Thank you. is there 14 anyone else in the audience who wishes to address this 15 item? Before I close the public hearing, would the t6 applicant like some rebuttal time since some issues have 17 been raised? Yes or no? 18 MR. COLEMAN: Yes. Give us just a moment. 19 Thank you. One of the reasons -- 20 COMMISSIONER APPLE: If you'd just identify 21 yourself again for the record. 22 MR. COLEMAN: oh, okay. I'm Bill Coleman, 23 300 North Elm Street here in Denton. 24 COMMISSIONER APPLE: Thanks. 25 MR. COLEMAN: Certainly. One of the Page 38 i reasons that the site was moved from over here down to 2 here was to stay further away from the houses that arc 3 already developed along the eastern line. There were 4 several over here. The other site had several houses in 5 that area that fell within the 500-foot rule. 6 And by moving it over here, there was one 7 that was very close. The well location, it would be 8 possible to move the well location far enough so that it 9 would be more than 500 feet from that particular 10 residence, if possible. I mean, if necessary. There is 11 and there will remain for awhile, I mean, there's a large 12 pile of dirt and there will be screening around the well 13 site itself once it is completed. 14 And as far as the driveway, once again, the 15 same issue, we're trying to use an existing entrance until 16 further development of the property causes another one to 17 be made. 18 COMMISSIONER APPLE: commissioner Mulroy. 19 COMMISSIONER MULROY: Thank you. I have a 20 question. Mr. Coleman, would you say very clearly that 21 you are able to relocate the well head so it will be a 22 full 500 feet away from the one residence, from all 23 residences? 24 MR, COLEMAN: We believe that would be 25 possible. It would be rather difficult considering the Page 39 1 floodplain considerations that we have over here. But -- 2 and also -- but also considering the fact that it's barely 3 within the 500-foot radius, we believe that it would be 4 possible to locate the well head more than 500 feet from 5 that residence. 6 COMMISSIONER MULROY: I'm kind of with 7 Madam Chair. Is that a yes or a no? 8 MR. COLEMAN: That's a yes. 9 COMMISSIONER MULROY: okay. Thank you. 10 COMMISSIONER APPLE: I jUSt have one 11 question regarding Ms. Thomas who mentioned that the 12 developer had met with the neighborhood to let them know 13 where it was going to be and then failed to let them know 14 there had been a change. Do you know -- 15 MR. COLEMAN: We requested and Planning 16 Department set up a neighborhood meeting for that very 17 reason, because we did realize that there was opposition 18 in the neighborhood and that it was somewhat organized. 19 So we asked the Planning Department to set it up and they 20 did set it up and we attended a neighborhood meeting on 21 this subject. 22 COMMISSIONER APPLE: So you did have a 23 neighborhood meeting regarding the change in site 24 specifically? 25 MR. COLEMAN: Yes, ma'am, between the time Page 40 I the City Council referred it back to this Commission and 2 this meeting. It was last week, yes, ma'am. 3 COMMISSIONER APPLE: Mr, Reichhart. 4 MR. REICHHART: And I do believe the 5 notices, 200-foot and 500-foot notices, did say due to a 6 change in the site plan, a public hearing was being 7 remanded hack to P&Z. So we tried again in our public 8 notice to identify, although we don't include site maps or 9 anything tike that, we did try to identify that there was 10 a change. 11 COMMISSIONER APPLE: And because there were 12 virtually, it looks like, no homes to be notified within 13 the 200 or the 500, those notices probably went to one 14 . person other than the developer. Would that be correct? 15 MR. COLEMAN: The notice of developmmat I 16 believe applies to the entire tract so everybody within 17 here I have a -- ,18 COMMISSIONER APPLE: SO it was outside the 19 200 to 500-foot? 20 MR. COLEMAN: Right. Right. I believe 21 this is the notification map that is supplied. 22 MR. REICHHART: We did notify 200 feet 23 around the entire property as opposed to just 200 feet 24 from the well site just to be safe. 25 COMMISSIONER APPLE: could you tell me how 23, 2003 PLANNING AND ZONING COMMISSION' APRIL Page 37 - Page 40 Attachment 6 - Page 43 i heavy equipment moving through that neighborhood all the 2 time to build the houses that are located there. I mean, 3 it's a newly and currently developing neighborhood. There 4 is a lot of heavy machinery traffic. We're lrying to get 5 in, get this done, and get out to lessen the impact on the 6 neighborhood as a whole. And that's part of our issue is 7 the timing. We'd like to go ahead and get this done 8 before we do cause any more disturbance to the 9 neighborhood. 10 COMMISSIONER APPLE: conunissioner Powell. 11 ¢OMMISStONV~ POWELL: Thank you. Mr. 12 Coleman, I'm the guy that's almost always in favor of 13 development and I'm in favor of this one. But I'm here to 14 tell you, I'm less than enthusiastic about anybody coming 15 to us with a drawing that's not to scale and doesn't show 16 the truth. I don't mean that anybody is trying to lie to 17 us, but what I'm getting at is this clearly shows this 18 road being right on the property line. Andifit's not, 19 we need a drawing that shows that. I~'s incredible. 20 I recognize you didn't make the drawing and 21 I recognize you're in the drawing business. We've dealt 22 with each other in the past. 23 MR. COLEMAN: Right. 24 COMMISSIONER POWELL: It'S incredible that 25 you would come to, you or your customer would come to the 1 many notices were sent to homeowners? 2 MR. REICHHART: l'm not sure if I can but I 3 know Wes could. 4 MR. MORR1SON: If you'll look on page 7 of 5 your backup, eight certified letters went out to the 200 6 people, 200-foot people. That goes back to the fact that 7 we used 2002 tax rolls and at that time the neighborhood 8 wasn't on the tax roils. 9 COMMISSIONER APPLE; SO that goes back to 10 my original question, the notices were sent to people 11 within the 200-foot which really wasn't anyone in this t 2 neighborhood? 13 MR. MORRISON: TrUe. 14 COMMISSIONER APPLE: Thank you. 15 Commissioner Roy. 16 COMMISS[ONF_~ ROY: Yes, Mr. Coleman. I go 17 back to my original concern about the location of the road 18 and I'm trying to think of ways that we could, within 19 reason, reduce the impact both during thc initial 20 construction stage when there's a great deal of traffic 21 moving back and forth in there and during the fraeking 22 operations. And we can impose some things but do you have 23 some thoughts in your mind of things that would be 24 reasonable that could be done? 25 MR. COLEMAN: Yes, Commissioner Roy. Page 42 1 COMMISSIONER ROY: In terms of notification 2 and perhaps, you know, real steps. 3 MR. COLEMAN: well~ we had, it was our 4 intention to notify everybody to let them know what was 5 going on. If enough people didn't get notified, I 6 apologize. We thought we were doing what was necessary. 7 One of the reasons that we're pursuing the 8 site fight now, and as we discussed with the Council, at 9 the time we had thought the same company drilled a well 10 fight over here on Mr. Connell's place and they were 11 wanting to put the rig over there and get in and get out. 12 We would like to go ahead and develop this well before the 13 neighborhood develops any further so that we can reduce 14 the Lmpact on the neighborhood. 15 As I said in our last presentation, the 16 impact during the drilling operations will be very 17 temporary, over a period of a couple of months and the 18 drilling should only take 16 to 18 days is what it's 19 averaging for one of those wells. They're in, they drill 20 it, they leave. And the clean up afterwards takes, you 21 know, it takes a period of several months. But once 22 that's done, then nothing goes on. 23 At the same time, the neighborhood is 24 currently under development. They're developing Phase 2 25 further down. There are big trucks, cement tracks and Page 44 1 Planning and Zoning Commission with drawings that don't 2 show it the way it is. It's very difficult for us to make 3 a rational decision with this kind of paperwork. 4 And I, being a taxpayer, want to sec the 5 well drilled because I know that the school district is 6 going to spend every dime they get and I'd rather they get 7 it from the well than out of my house. So I'm for it. 8 But I can also see the property owners from number 16, I 9 guess, it's 16 right on down to number t, t can see them 10 being upset with that three weeks or whatever of water 11 tracks and whatnot, they're a mess, going up the back side 12 of their house. 13 So I kind of wish'that somebody had taken 14 that into consideration when they brought us paperwork. 15 I'm making that point public and I'm picking on you 16 because you're there. 17 MR. COLEMAN: That's all fight. 18 COMMISSIONER POWELL: And you've got broad 19 shoulders and we go way back so it isn't personal. 20 MR. COLEMAN: I understand. 21 COMMISSIONER POWELL: I'm kind of making 22 that point public for the next people that coine up here, 23 if anybody watches these things. Give us paperwork that 24 shows it the way it is. This is not fair. It's not fair 25 to the homeowners. It's not fairtous. AndI'llhush. PLANNING AND ZONING COMMISSION APRIL 23,2003 Page 41 - Page 44 Attachment 6 -r agt~-ro i Thank you, Madam Chairman. 1 2 COMMISSIONER APPLE: Thank you, 2 3 Commissioner Powe[1. I don't see any further questions. 3 4 Thank you. 4 5 MR. COLEMAN: Thank you. 5 6 COMMISSIONER APPLE: DOeS staff have 6 7 anything to add before I close the public heating? All 7 8 fight. I'll close the public heating. 8 9 COMMISSIONER MULROY: Madam Chair. 9 10 COMMISSIONER APPLE: commissioner Mulroy. 10 11 COMMISSIONER MULRO¥: I would like to make 11 12 a motion, and I have a multitude of conditions that might 12 13 allay discussion or entice discussion, but let me get it 13 14 on the table. And, first of all, I do appreciate the 14 15 neighbors' concerns and one of my conditions is going to 15 16 be to get to that 500 feet and some others. Okay. 16 17 So I'm going to move approval based on the 17 18 following six conditions. Number one will be as stated by 19 staff in front of you, except change drilling to fracking. .9 20 That's prior to fracking, you'll get notification. 20 21 Number two wilt be to install the 21 22 blockade-style fence as written here. Number three will 22 23 be the mad will be no closer than 18 feet to the south .23 24 property line. Okay. Number four, the gravel road will 24 25 be wetted down during the drilling operation. That means 25 Page 46 1 that two to three weeks of heavy truck traffic, they'll 1 2 have to settle the dust with a water truck. Okay. 2 3 Number five w[ll be that the permanent 3 4 access will be relocated to Hickory Creek Road as soon as 4 5 that road is available. And number six is relocate the 5 6 well head to the full 500 feet away from the nearest 6 7 residence. That's my last condition. 7 8 COMMISSIONER APPLE: commissioner PowelL 8 9 COMMISSIONER POWELL: I would like to 9 10 second the motion, but right now I'd like to make sure 10 11 that when you said 500 foot to the nearest residence, were 11 12 you talking about occupied residence or residence? I .12 13 don't know where the unoccupied residence is. Oh, okay. 13 14 16 is a new house that's been built and is not occupied. 14 15 So you're talking about 167 15 16 COMMISSIONER MULROY: As shown on this map, 16 17 that SOO-foot circle is traversing the comer of one 17 18 house, and if they relocate this well to the north and to 18 19 the east slightly, they'll pull out of that. 19 20 COMMISSIONER POWELL: Thank you very much. 20 21 I without question then will second the motion. 21 22 COMMISSIONER APPLE: We have a motion and a 22 23 second. Commissioner Johnson. 23 24 COMMISSIONER JOHNSON: Just tO be real 24 25 clear about it, we're talking currently constructed 25 PLANNING AND ZONING COMMISSION Page 47 structures, right? COMMISSIONER MULROY: That's correct. COMMISSIONER JOHNSON: Because there are other lots in there that could be developed before this thing gets done. So it's currently constructed structures. COMMISSIONER MULROY: That's correct. COMMISSIONER JOHNSON: okay. COMMISSIONER APPLE: commissioner Roy. COMMISSIONER ROY: My point has been made already. APRIL 23, 2003 COMMISSIONER APPLE: My concern is with the currently constructed that those might never be constructext in reference to what the gentleman said earlier about selling those properties. And, unfortunately, I'm going to have to vote against the motion. Seeing no further discussion, vote please. Motion carries 5~2. (Commissioners Apple and Hok voted in opposition.) Page 48 Page 45 - Page 48 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 3, 2003 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT Z03-0012 (Meredith No 1) Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a gas well site. The approximately 17.3 acre property is in a Neighborhood Residential 6 (NR-6) zoning district and is generally located south of Hickory Creek Road approximately 1000 feet west of Teasley Lane. The Planning and Zoning Commission recommends approval (7-0) with conditions. BACKGROUND Applicant: Jerry Stokes Colleyville, TX The applicant has submitted a request for a Specific Use Permit (SUP) proposing one gas well on the property. The gas well regulations allow gas well sites only with the approval of a Specific Use Permit in the Neighborhood Residential 6 (NR-6) zoning districts. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received four responses in favor, none in opposition, and one neutral to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the Specific Use Permit as proposed by the applicant (7-0), with the following conditions: 1. All residences within 500 feet are notified twenty-four hours prior to fracing of the wellhead. 2. Install an eight -foot in height blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. ESTIMATED PROJECT SCHEDULE The property will be required to be platted prior to issuance of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0012, commonly known as Meredith No. 1: Ordinance 2002-040, adopted February 20, 2002 placed the subject property Neighborhood Residential 6 (NR-6) zoning district and land use classification. Prior to the adoption of the Development Code, the property was zoned Agricultural (A). in the No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Map) 4. Site Plan 5. Planning & Zoning Commission Minutes, March 26, 2003 6. Ordinance Prepared by: Wes Morrison Planner I Respectfully submitted: RLA, AICp Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is zoned Neighborhood Residential 6 (NR-6), and is surrounded by residential zoning districts. The applicant must obtain the approval of a Specific Use Permit (SUP) to allow for the construction of a gas well site. The SUP is required in the Neighborhood Residential 6 (NR-6) zoning district. The applicant is requesting the placement of a gas well for drilling on the property. Existing Condition of Property The subject property is vacant. The property contains an Environmentally Sensitive Area (stream buffer) that exists primarily in the southeastern section of the property approximately 400 feet to the east of the well site. Adjacent Zoning & Land Uses: North: South: East: West: Neighborhood Residential 4 (NR-4) zoning district - vacant land Neighborhood Residential 6 (NR-6) zoning district - agricultural and single family uses Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 4 (NR-4) - vacant land single-family uses Neighborhood Residential 2 (NR-2) zoning district - agricultural and single family uses No structures are located within 500 foot of the proposed gas well site. Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. Development Review Analysis Transportation Trip Generation. After construction of the well site, no significant vehicle trips will be generated. A Traffic Impact Analysis will not be required. Access and Connectivity Access to the property will be made from Hickory Creek Road. Hickory Creek Road is identified in the Denton Mobility Plan as a Primary major arterial. DevelopmeN Code / Zoning Analysis The applicaN has proposed the construction of a gas well site. The Neighborhood ResideNial 6 zoning district allows gas well sites only with the approval of a specific use permit. All gas well sites shall comply with the Subchapter 22 of the DevelopmeN Code that pertains to gas well drilling and production. Section 35.6.5 of the DeNon DevelopmeN Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; The operation of the gas well site should not diminish or impair property values in the immediate vicinity, as the proposed location of the wellhead is eNirely located on the subject property. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmeN of surrounding property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities will be provided. 4. 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; All proposed parking areas and driveways meet the requirements of the City of Denton. 5. That adequate nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; Adequate nuisance prevention measures will be taken. With the exception of drilling and fracing the well, no noise, odor or fumes will be produced. Subchapter 22 of the DevelopmeN Code addresses the issue of nuisance preveNion measures. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Proposed lighting will not affect neighboring properties. Subchapter 22 of the DevelopmeN Code addresses the issue of directional lighting. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Use of landscaping as a screen may be a condition on the specific use permit, as future single-family developmeN is planned in the area. Another option could include paining storage tanks neutral colors to blend in with the area. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. Staff Findings 1. The proposed use is compatible with the intent of The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. 2. The establishment of a gas well site at this location will not have any detrimental impact on the surrounding area. Staff Recommendation Based on the above findings, staff recommends approval of the specific use permit with the following conditions: 1. All residences within 500 feet are notified twenty-four hours prior to fracing of the wellhead. 2. Install a blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. ATTACHMENT 2 LOCATION & ZONING MAP NORTH ESA MAP Scale: None SITE Scale: None ATTACHMENT 3 NORTH Public Notification Map Scale: None Map Legend Responses in Favor Neutral Responses Public Notification Date March 13, 2003 200' Legal Notices* sent via Certified Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 4 · Neutral: 1 Percent of land within 200' in opposition: 0% 9 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Attachmcrtt sa~g!aossv " I x, T'EASLEY LANE ('F".I¢. 2181) 100' R,O.~. B;78.76' \ \ CondcnseItTM 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1f 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 COMMISSIONER APPLE: The next item on our Agenda is also a public hearing. And Wes Momson with the City Planning staff will present. I'll open the public hearing. MR. MORRISON: Good evening. Just a second. I'm figuring this out here. Okay. Sorry about that. The applicant is requesting a Specific Use Penuit for a gas well site within a Neighborhood Residential 6 Zoning. The property is located at the'southwest comer of Tcasley Lane and Hickory Creek. To the north of this site is currently vacant land that's zoned Neighborhood Residential 4. Approximately 122 feet south of the site is an electric substation that is operated by Denton Municipal Electric. To the east and west of this site, it's vacant land and single family uses. Currently, the property -- the property owners have been notified within 200 and 500 feet of the site. And at this time staff received four responses from property owners. One neutral to the request and three in favor. Staff recommends approval of the request based on the following conditions. All property owners located within 500 feet of the site should be notified within 24 hours in advance prior to the fracking of the Page 46 well head. And a blockade-style fence should be constructed on steel posts around the gas well site to act as a screen for the site. Are there any questions? Commissioner Johnson. COMMISSIONER JOHNSON: There's a well right Page 47 i MR. REICHHART: I'm -- the fence to the 2 north most likely is what they use right now is a chain 3 link fence. And there probably isn't any screening 4 requirements, any screening done at all. 5 The reason we put that -- those conditions, 6 at least for your consideration, is based on the last suP 7 two weeks ago that we had. Those were the exact 8 conditions. 9 Now, given there are different 10 circumstances, and if y0u'll look to the right of this 11 site, you'll see the NRMU and then the NRMUq2 property. 12 That's the one that we had the recent gas well plat where 13 we had those conditions on there. So we thought that for 14 consistency sake, we would just at least throw them out 15 there for your consideration. 16 COMMISSIONER APPLE: Thank you. 17 Commissioner Roy. 18 COMMISSIONER ROY: I have two -- or one 19 question and one comment. The red is the child care 20 center; is that correct? 21 MR. MORRISON: NO, sir. The -- 22 COMMISSIONER ROY: At the comer along 23 Teasley Lane ~- 24 MR. MORRISON: It's the comer right -- the 25 red just south of the red, there's a long rectangular Page 48 yellow box -- COMMISSIONER ROY: oh, yes, okay. MR. MORmSON: That's the child care center. COMMISSIONER ROY: Okay. The second is on across the street from this? MR. MORmSON: North of Hickory Creek? COMMISSIONER JOHNSON: Yes. MR. MORRISON: Yes, sir. COMMISSIONER JOHNSON: what sort of stockade fence is going around that one? MR. MORRISON: My understanding is -- and 6 7 8 9 10 11 12 your recommended conditions -~ I'll get the word out here. Itmu 1, all property owners within 500 feet; is that what we've been saying? Or all residences within 500 feet? MR. MORR1SON: I -- that's a good question. I believe it's been all property owners. COMMiSSiONER ROY: Isn't it tree that the property owner could very well be in Dallas? I think the the same applicant is doing that one, so that may be more of a question directed toward them. First off, that that's in a Neighborhood Residential 2 Zoning District, and they're not required to get an suP. COMMISSIONER JOHNSON: wouldn't it look kind of silly to have one fight across the street from another one and one maybe didn't have anything and the other one had a really nice screening fence around it? MR. MORRISON: My understanding'is that there is a fence them, but I know that we didn't require them to put that there. COMMISSIONER JOHNSON: Thank you. COMMISSIONER APPLE: Mr. Reichhart. 13 14 15 t6 17 18 19 20 21 22 23 24 25 intent is that the residences in the area would be notified. MR. MORRISON: That's a very good point. I think the way the wording's been is that all property owners, though. COMMISSIONER ROY: would you say that again, please? MR. MORRISON: I think the wording has been all property owners, but I understand where you're coming from with residences. COMMISSIONER ROY: okay.' Thank you. COMMISSIONER APPLE: Commissioner Johnson. COMMISSIONER JOHNSON: This is a curioskty PLANNING AND ZONING COMlVflSSIONER MARCH 26, 2003 Page 45 - Page 48 CondcnscItTM Page 49 I -- is there any kind of required screening around the 2 substation? 3 MR. MORRISON: There is none, not that I'm 4 aware of. 5 COMMISSIONER JOHNSON: And that's closer to 6 Hickory Creek than the welt site, right? 7 MR. MORR[SON: NO, Sir, l believe the well 8 site would be closer to Hickory Creek because the 9 substation is about 122 feet south of the well site. 10 COMMISSIONER JOHNSON: okay. The 11 substation is close, to the developed area, though, right? 12 MR. MORRlSON: Yes, sir. 13 COMMISSIONER APPLE: Thank you. 14 MR, MORRISON: Thank you. 15 COMMISSIOhUm APPLE: IS the applicant here? 16 MR. COLEMAN: oood evening, Madam Chairman 17 and Commissioners. My name is Bill Coleman with Coleman 18 and Associates Land Surveying, 300 North Elm here in 19 Denton, Texas. And I am hero on behalf of the applicants 20 to answer your questions. 21 Since I was just here at the last meeting 22 and we went through this across the street~ I'll keep my 23 comments short. I do have, if we can get on the picture, 24 what we think your idea of the stockade-type fencing might 25 be and what affect it would have versus the pictures we Page 50 1 showed at our last meeting. 2 There you go. I believe this is what you 3 had in mind. And we're agreeable to do this. As you can 4 see, we went out and took pictures of it around some of 5 the other gas wells. 6 As to the comments that were raised and 7 addressed to staff, I will submit them. The gas well is 8 -- won't be closer to the road than the substation. It's 9 right adjacent to the substation site. The -- and, yes, 10 it is between the well and most of the development that 11 adjoins this site. The property owner is present as well :12 as a representative from Mid-COntinent Geological, the I 13 leaseholder. And the surface owner is in favor of what i 14 we' re doing out there. 15 The only other issue I would like to raise 16 addresses the 500 foot notification and is in -- in the 17 case of these, not so much this one, but the forester 18 across the street, it's a long narrow tract, and the well 19 is at one end. If we notify all of the residences within 20 500 feet of the perimeter of the property or within 500 21 feet of the well head would be a point that we would tike 22 to see clarified, if we're going to have this 23 clarification. 24 That concludes my remarks and I'll be 25 available for questions if you have any. 5 6 7 8 9 10 11 :12 13 14 15 16 t7 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 5 6 7 8 9 20 21 22 23 24 25 Page 51 COMMISSIONER APPLE: we'll let Mr. Reichhart answer your question. MR. COLEMAN: okay. MR. RE[CHHART: unless otherwise directed by Planning and Zoning Conunission, we would say it would be 500 feet of the well head, ~aR. COLEMAN: of the well head? MR. REICHHART: Yes, sir. COMMISSIONER APPLE: commissioner Mukoy. COMMISSIONER MULROY: Yes. Thank you, Madam Chair. Mr. Coleman, first question is for clarification for the Commission, the same leaseholder indicated last time that they did not have a problem with putting up thc visual barrier and I'm assuming that holds true since you're bringing pictures? MR. COLEMAN: Y~,~. [~e's 'title one that provided these pictures, yes. COMMISSIONER MULROY: NOW, could we put the good side out on the fence next time? And our point last time was something like this would be removable to facilitate your equipment going in and out? MR. COLEMAN: YeS. And we have looked into it since the last time we met, that's the reason for the pictures. Chair, if height is Page 52 COMMISSIONER MULROY: Thank you. COMMISSIONER APPLE: Thank you. COMMISSIONER POWELL: Excuse me. Madam I may. COMMISSIONER APPLE: cormuissioner Powell. COMMISSIONER POWELL: Mr. Coleman, what that fence? MR. COLEMAN: That appears to be eight COMMISSIONER POWELL: And that's not objectionable to you, eight feet, because it doesn't say here in these conditions the height. And I'd like to add that, if I may, without -- if it doesn't cause you any heartburn, or at least not too much heartburn, to say at least an eight-foot fence. MR. COLEMAN: That is agreeable with the applicant. COMMISSIONER APPLE: Thank you. Is there anyone in the audience who wishes to address this item? Anyone in the audience who wishes to address this item? We have no cards to speak. Does staff have any further comments? I'll close the public hearing. COMMISSIONER MULROY: Madmu Chair, I'm ready to make a motion. PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Page 49 - Page 52 CondenseltTM · Page 53 1 COMMISSIONER APPLE: commissioner Mulroy. 2 COMMISSIONER MULROY: I move approval of 3 the sup and I want to modify the staff recommendations. 4 The number one recommendation will change "property" to 5 "residences." -And number two recommendation will insert a 6 minimum of eight-foot blockade fence, good side out. 7 COMMISSIONER APPLE: We have a motion. 8 COMMISSIONER POWELL: second. : 9 COMMISSIONER APPLE: And a second. : 10 Commissioner Roy. i 11 COMMISSIONER ROY: I am not sum this is i12 necessary, but since we are seeing these comments time and !I 3 time again here now, thank goodness we're getting this i 14 development. 15 I wonder if we should go ahead and amend 16 item one to make it clear all residences within 500 feet 17 of the well head. Perhaps that's not necessary, but I -- 18 we keep reusing this language and maybe staff could 19 clarify that for me. 20 COMMISSIONER APPLE: commissioner Mukoy. 21 COMMISSIONER MULROY: vll be glad to add 22 that to condition number one. It shall read, all property 23 owners within -- all residences within 500 feet of the 24 well head are notified, et cetera, et cetera. Thank you. 25 COMMISSIONER APPLE: will you agree to Page 54 1 second with that amendment? 2 COMMISSIONER POWELL: Yes, I would. 3 COMMISSIONER APPLE: Thank you. We have a 4 motion and a second. Is there any discussion? Hearing 5 none, vote, please. Motion carries 7-0. 6 If them are no items for future business 7 -- Commissioner Mutroy. 8 COMMISSIONER MULROY: Yes, ma'am. Thank 9 you. I would strongly suggest for future business we have 10 a Work Session item on the legalities of sup and what's 1 t germane to the items as they come up, and what we should 12 be discussing, et cetera, et cetera. 13 COMMISSIONER APPLE: And would you like 14 that at a Work Session -- 15 COMMISSIONER MULROY: Yes, a Work Session. 16 COMMISSIONER APPLE: -- as opposed to just 17 written information? 18 COMMISSIONER MULROY: NO, Work Session, 19 please. 20 COMMISSIONER APPLE: All right. If staff 21 would make note of that. Seeing no further comments, the 22 meeting is adjourned. 23 24 25 PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Page 53 - Page 54 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 17.3 ACRES OF LAND GENERALLY LOCATED SOUTH OF HICKORY CREEK ROAD APPROXIMATELY 1,000 FEET WEST OF TEASLEY LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR~6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMU-M AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTWE DATE. (Z03-0012) WHEREAS, Mid Continent Geological, INC. has applied for a specific use permit for a gas well development within a Neighborhood Residential 6 zoning district classification and use designation on approximately 17.3 acres of land generally located south of Hickory Creek Road approximately 1,000 feet west of Teasley Lane, as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on March 26, 2003, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a gas well development; and WHEREAS, the City Council fmds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following conditions exist: The gas well development 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; and The establishment of the gas well development will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangement of ail 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; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided, so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit to allow a gas well development within a Neighborhood Residential 6 (NR-6) zoning district classification and use designation on the Property is hereby approved, subject to the following conditions: 1. All residences within 500 feet of the well site will be noticed 24 hours prior to the fi:acing of the wellhead. 2. A blockade style fence will be installed on steel post around the well site to create a visually appealing screen for the well site. 3. Development and operation of the gas well development shall be in accordance with the site plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B". SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zordng district classification. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~dayof ,2003. EUL1NE BROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: ~ j/ / ff PAGE 3 Exhibit "A" FIELD NOTES m all that certain tract of land S.A. Venters Survey Abstract Number 1315, City of Denton, Demon County, Texas and being part of the called 20.442 acre tract described in the deed from Alvin E. Meredith et ux to Western Place Inc. recorded in Volttme 829, Page 474 of the Deed records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING at the West comer of the herein described tract, South 03 Degrees 54 Minutes West a distance of 557.7 feet and South 86 Degrees 05 Minutes East a distance of 33.7 feet from a PK nail found in Hickory Creek Road at the North Northeast comer of the called 3.13 acre tract described in the deed from Gordon Meredith to the City of Denton recorded in Volume 4647, Page 3452 of the said Deed Records; THENCE North 47 Degrees 27 Minutes East a distance of 215.0 feet; THENCE South 42 Degrees 33 Minutes East a distance of 240.0 feet to the North line of the Texas Municipal Power Agency 75 foot Utility Easement recorded in Volume 1139, Page 757 of the said Deed Records; THENCE South 47 Degrees 27 Minutes West with the North line of the Texas Municipal Power Agency 75 foot Utility Easement a distance of 215.0 feet; THENCE North 42 Degrees 33 Minutes West a distance of 240.0 feet to the PLACE OF BEGINNING and enclosing 1.18 acres of land more or less. ~oo" ~.o.~,. \ \ \ \ \ \ X & AGENDA INFORMATION SHEET AGENDA DATE: June 3, 2003 DEPARTMENT: Fiscal and Municipal Services ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. BACKGROUND The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers. The board is appointed by the county, participating cities and the Denton County Fire Chief's Association. Board members serve staggered two-year terms and are eligible for reappointment. The Emergency Telephone Number Act states: "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district." On May 15, 2003 Denco Area 9-1-1 sent a letter requesting nominations to serve on the Board of Managers. This year, the term of Olive Stephens, Mayor, Town of Shady Shores, expires on September 30, 2003. Mayor Stephens has expressed her desire to serve another term if appointed. The current Board of Managers is comprised of the following individuals: Board Member Jack Miller, Chair Mayor Olive Stephens, l/ice Chair Harlan Jefferson, Secretary Lewis Jue Chief Bruce Varner Mr. Melvin Willis Appointed By: Denton County Commissioners Court Demon County Participating City Denton County Participating City Denton County Commissioners Court Denton County Fire Chiefs Association Largest Telephone Service Provider Rep. Term Expires 9/30/2004 9/30/2003 9/30/2004 9/30/2004 9/30/2003 ESTIMATED SCHEDULE OF PROJECT Nominations are due to Denco by July 15, 2003. On July 16, 2003, the District will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. The Denco Board of Managers will count the votes from the responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2003. Agenda Information Sheet June 3, 2003 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Last year the City Council nominated Harlan Jefferson, City of Flower Mound, for a two-year term, which expires September 30, 2004. FISCAL INFORMATION This Resolution has no fiscal impact. Respectfully submitted: Kathy DuBose Assistant City Manager, Fiscal and Municipal Services S:\Our Documcms\Resolmions\03\91 I nominate member.doc RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Mayor Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2003; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appoimed joimly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Demon, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. That the City of Demon, Texas hereby nominates Mayor Olive Stephens as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two year term to commence October 1, 2003. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 2 3 HANDOUT TO COUNCIL CITY COUNCIL AGENDA ITEM #3C 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DRAFT CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING MINUTES MAY 19, 2003 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, May 19, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, George Hopkins, Charldean Newell, Dick Norton, Rob Rayner, Dick Smith and Don White EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities CONSENT AGENDA: 1) Consider approval of the Professional Services Agreement between the City of Denton, Texas and R.J. Covington Consulting, LLC regarding Task Order 03-d, for the Denton Municipal Electric Retail Rate Design Study. 2) Consider approval of Change Order #2 related to site conditions and process improvements for Archer Western Contractors, Ltd. For the 21 MGD Pecan Creek Water Reclamation Plant Expansion Project for an amount not to exceed $87,375.25. ,3): Consider appro'gal of~B~d'No; 3006~to, S.'J': ~ms Constmot~or~!of~exas; ~td. ~LL'P £or'~ 9ogstmct~on of~e_cP.~e_c3n.~ Creeli :~.t~c_.ept_~r:p~gj~ .~'an'am0~ n0t:~t0 exceed $1~.?,~8~4.7_ ;3_23.4_5 ! ................................. Consent Agenda items number 1 and 2 were pulled to be discussed under items for individual consideration. Board Member George Hopkins moved to approve Consent Agenda Item #3, with a second from Board Member Dick Smith. The motion was approved unanimously. Page 1 of 1 2 3 4 5 CITY COUNCIL AGENDA ITEM #3G 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 39 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING MINUTES MAY 19, 2003 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, May 19, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, George Hopkins, Charldean Newell, Dick Norton, Rob Rayner, Dick Smith and Don White EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of the Contract [File #3031] with Enhanced Outsource Solutions to outsource connect and disconnect calls during utility services peak-call periods in an amount not to exceed $82,055. Susan Croft, Utility Process/Quality Control Auditor, and Charles Atkinson, Customer Service Manager, presented this item. Croffreported that this agreement would allow connect/disconnect calls to be outsourced reducing the maximum call wait time during peak seasons. The call center will be required to answer all calls within 60 seconds. Outsourcing the connects/disconnect calls will allow regular phone representatives to answer customers' billing questions and concerns within organizational standards. White questioned the dollar amount of the outsourcing agreement and why the contract termination date was set for September 19, 2003. Croft reported that $82,055 was the dollar amount set aside in the budget, but $48,390 is the anticipated cost. Croff also reported that the time frame in the agreement is considered a test period. After completion of the test period, data will be analyzed, and a decision will be made to continue or discontinue the outsourcing service. Croft reported that the contract end date takes into consideration the beginning of the new Fiscal Year. Ifa new contract is agreed upon, it will begin October 1,2003, Board Member Rob Rayner wanted to know if connects/disconnects could be performed on the Internet. Page 1 of 2 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Croft responded that connects/disconnects could be performed via the Intemet, and customer service has provided information to college campuses to promote the use of the Intemet. Several Board Members expressed concerns surrounding Enhanced Outsourcing Solutions, especially whether the Denton calls might actually be fielded in another country. Hopkins asked staff if a "fight to terminate" clause was included in the contract. Croft responded that a "right to terminate" clause was included in the contract with a 30-day notification. White expressed his dissatisfaction with the cost of the agreement and suggested that stafthire temporary personnel to handle the increased calls. Smith asked staffhow the number of minutes billed would be verified. Croft responded that a report would be generated based on usage of the phone line. Cheek expressed some reservations about the cost. However, he stated he understood the value in analyzing the data. Norton commented that if the work is done in-house there would be additional expenses associated with the installation of new phone lines. Newell noted that the agreement will tell us how many calls are diverted and how much help is needed in customer service. However, the background information does not address the cost of additional lines, or other possible options. Hopkins indicated that he would support this item as a "test". But before approval of a second agreement, additional backup material will be required. Hopkins said that he would be interested in information such as the cost of additional phone lines, if additional staff would be more efficient, and if additional space will be required. Smith encouraged staff to monitor the contractor to make sure the firm is doing thejob that is expected. Croft informed the Board that monthly activity reports would be provided for the Board to review. Croff also explained that in August the Board would receive, a complete presentation and decide either to terminate the agreement or enter into a new agreement. Norton moved to approve Agenda Item #5, on the condition that this agreement be considered a test period and that further analysis be completed and presented to the Board before extending the agreement, with a second from Smith. The motion passed 6-1 with White in opposition. Page 2 of 2 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: ANN ENNIS AND THE MAYOR AND CITY COUNC1L LARRY REICHHART, ASSISTANT DIRECTOR OF PLANNING AND DEVELOPMENT RESPONSE TO DOWNTOWN MASTER PLAN QUESTIONS MAY 30, 2003 The following information is provided to address Mrs. Ann Ennis' inquiry into the Downtown Master Plan public input process. A. Planning Committee: Mr. Hatcher with the P&Z stated that the Plan was developed by the consultant with input from a Select Committee. Mr. Hatcher also said the first notice was sent to property owners on May 1, 2003, after the Plan was developed. I am a property owner on the square and I operated a business on the square until December 2003. I was not contacted before May 1, 2003. Other property owners that I have contacted say they ware not contacted for input to the Plan. I would like for Mr. Hatcher to provide me with the names of the members of the select committee that provided input for the Plan. Mr. Hatcher said he contacted the head of neighborhood associations for input. I would like to know who represented the property owners around and near the square. A. Specific dates of all communications including letters, announcements and advertisements, announcing Downtown Plan workshops, public meetings, and public hearing are listed below. The list of individuals who were invited to participate on the Downtown Committee and the lists individuals who attended the May 2 and 3, 2002, and the July 8, 2002 workshops are also included. (Attachment A) Letters of invitations sent to 40 stakeholders and steering comm/ttee (attached): Date Mailed: 4-23-02 Date Mailed 6-24-02 cit7 of Denton, Planning and Development 221 N. Elm, Denton, Texas 76201 wx~v.dtyo fdcnton.com (940) 349-8350 £~x: (940) 349-7707 1 Public Workshops facilitated by John Fregonese (attendee 1/st attached): Workshop #1:5-2-02 and 5-3-02 Workshop #2:7-8-02 Ads in Denton Record Chronicle for public workshops (also advertised on xvww. cityofdenton.com and DTV Channel 26): Date Published: 4-28-02 (Workshop #1) Date Published: 6-29-02 (Wotlcshop #2) Planning and Zoning Commission www. cityo fdenton.com): P&Z Work Session Date: 12-4-02 P&Z Work Session Date: 2-12-03 P&Z Work Session Date: 2-26-03 P&Z Work Session Date: 3-12-03 work sessions (work session agendas published on Public Forum (Downtown Plan Newsletters and public forum announc~nent were delivered door-to-door in the downtown core. Public notices published in the April 23, 2003, and April 27, 2003, editions of the Denton Record Chronicle, on www.cityofdenton.com and DTV Channel 26) Public Forum Date: 4-30-03 Planning and Zoning Commission public hearing (Courtesy notification mailed to all property owners witch the Downtown Plan study area. Public notice was published in the May i1, 2003, edition of the Denton Record Chronicle.) P&Z Public Hearing Date: 5-14-03 City Council public hearing (Courtesy notification mailed to all property owners and residents/tenants within the Downtown Plan study area. Public notice was published in the May 18, 2003, edition of the Denton Record Chronicle.) CC Public Heating Date: 6-3-03 2 ATTACHMENT A DOWNTOWN MASTER PLAN COMMITTEE LIST )enton l'exas 76201 Historian/Downtown *Bill Thomas 200 W. Oak 382-2125 merchant/Main Street Association *Linnie McAdams 1120 Kendolph, )enton texas 76205 387-4859 Denton Area Housing Authority Denton Fexas 76201 Downtown merchanffMain Street *Bob Moses 115 W. Hickory 243-2248 Association *Dan Martin 100 1-35 E, Denton Fexas 76205 380-8184 Parking *Michele Barber 400 N. Carroll Blvd. Denton Fexas 76201 383-62i 1 Marketing/Main Street Association *Herbert Holl 400 E. Hickory Denton Fexas 76201 382-2787 Denton Arts Council *Rod Reeves 100 W. Mulberry Denton fexas 76201 387-8182 Architect *Peggy Capps 915 W. Oak, Denton Fexas 76201 382-0804 [Iistoric Landmark Commission Alice Gore 2215 Westwood Dr. Denton l'exas 76205 Denia Neighborhood Activist Denton Fexas 76205 Southeast Denton Neighborhood Carolyn Phillips 722 Lakey Association President Denton Fexas 76201 ~V. Oak Area Homeowners Dixie Stephenson 1920 W. Oak 243-0030 ~ssociation Leader Ruby Cole P.O. Box 1743 Denton Texas 76202 NICE Chair Denton Texas 76203 ~-ssociate Professor, Dept. of Don Lyons P.O. Box 305279 3eography--UNT Virgil Strange 1020 Shady Oaks Dr. Denton Texas 76205 Builder Dale Irwin 2910 Carmel, Denton Texas Builder ?eggy LaPoint 1900 Highland Park Circle Denton Texas ~eighborhood Activist Denton Texas 76209 ?orr Worth Drive Association Dwen Fulton 729 Greenwood ?resident lohn Baines 508 Lakey Denton Texas 76205 31ack Chamber of Commerce Linda McNatt 124 Eagle Denton Texas 76201 M'ea Business Owner ?at Colonna 318 D East Oak Denton Texas 76201 Area Business Owner Steve Fanning ~[17 S. Locust, Suite 102 Denton Texas 76201 387-7493 Planner/Market Analyst ?red Patterson ~900 Santa Monica Denton Texas 582-8594 Retired Editor, Vision Committee Vlargaret Smith 2216 Archer Trail Denton Texas 582-3296 Vision Committee Vlike Cochran 510 W. Oak Denton Texas 587-0995 Former Council Member Iohn Morals S15 N. Locust Denton Fexas 565-6414 Bed and Breakfast Owner Denton l'exas 76209 Denton Affordable Housing Jane Provo 504 N. Bell Ave. $84-7048 Corporation, Exec. Dir. Pam Livingston $14 W. Parkway Denton Texas 382-7895 Chamber/Economic Development Denton texas Business Editor, Denton Record Dawn Cobb 514 E. Hickory 387-3814 Chronicle Lanelle Blanton 520 N. Austin Denton l'exas 382-0063 Austin/Locust Neighborhood Denton l'exas Bell Avenue Neighborhood Steve Johansson 1926 N. Bell 566-3943 Association Jim Carter 110 W. Hickory Denton texas 76201 County Commissioner, 4th Precinct Cynthia White 110 W. Hickory Denton rexas 76201 County Commissioner, 1st Precinct Howard Smith 110 W. Hickory Denton rexas 76201 Denton Historic Commission 3 Chuck Carpenter 414 Parkway ~enton rexas 76201 Denton Chamber of Commerce Denton Fexas 76202 Denton Convention and Visitors Christine Gosset~ P.O. Box Drawer P Bureau Melissa Glasgow 414 W. Parkway Denton rexas 76201 Denton Economic Development Denton texas 76201 Stroud/Pieree Street Neighborhood Robert Hughes 3 I0 Stroud St. Association Rob Bertelsen 110-B W. Oak Denton rexas 76201 Main Street Association Michael Whitten 218 N. Elm Denton Fexas 76201 Law Office 218 N. Elm D. Jorge Urbina 1100 Dallas Drive Suite 100 Denton Fexas 76205 382-4357 ~.ttomey; Sawko & Burroughs, LLP (* Downtown Master Plan Steering Committee.) Julie Glover, Main Street Coordinator and Staff Liaison) Downtown Master Plan Workshop Attendees MAY 2, 2002 Al/ce Gore 2215 Westwood Drive Denia Area Neighborhood L.L Calvert 304 E. Sycamore Downtown resident Stephen Walker 14450 Trinity Blvd, Ft. Worth QuikTrip Robb Berdesen 110 B W. Oak Main Street Association Jane Fulton 729 Greenwood City Council Mellssa Glasgow 414 parkway Chamber of Commerce Para Livingston 414 Parkway Chamber of Commerce Robert Hughes 310 Stroud Southwest of Square Neighborhood Association Sherry Hughes 310 Stroud Southwest of Square Neighborhood Association Vickie Hendricks 604 N. Bell Denton Affordable Housing Wayne Allen 1103 N. Elm Wayne Allen Construction Christine Gossett 414 W. Parkway Convention and Visitors Bureau Dawn Cobb 314 E. Hickory Denton Record Chronicle Steven Friedson 2205 W. Oak West Oak Homeowners Association Ellse Ridenour 2205 W. Oak West Oak Homeowners Association Deborah Viera City of Denton Planning Mike Cochran Historic District Robert Moses Downtown building owner Bill Thomas Downtown merchant Steven Johansson 1926 N. Bell Avenue Bell Area Neighborhood Association Linda Ratliff City of Denton Economic Development Julie Glover Denton Main Street Program 4 MAY 3, 2002 Margaret Smith 2216 Archer Trail Denton County Historical Commission Robb Bertlesen Maha Street Association Alice Gore Denia Area Neighborhood Robert Moses 115 W. Hickory Elements of Design/Owner Randy Cox 200 W. Ryan Road ! Beth Marie's Ice Cream Linda Ratliff ED Melissa Glasgow Denton Chamber Christine Gossett Denton Chamber Stephen Walker Quik Trip Para Livingston Denton Chamber Lori Shelton ED Steven Johansson Bell Area Neighborhood Association Dawn Cobb Denton Record Chronicle Sherry Hughes 310 Stroud Southwest Square Neighborhood Association Elise R/denour 2205 W. Oak West Oak Homeowners Association Peggy Capps 915 W. Oak Historic Landmark Commission Bill Cheek, Jr. 3936 Maggie's Meadow Jagne-Public JULY 8, 2002 Dan Mojica 1118 Egan Dan's Silverleaf Pam Chittenden 1118 Egan Dan's Silverleaf Start Nixon 100 W, Oak City of Denton Transportation Peggy Capps 915 W. Oak Historic Landmark Commission Linda Rat[iff ED Jean Hinojosa 2020 N. Elm #218 LULAC Rick Salazar 9920 FM 428, Aubrey LULAC Melissa Glasgow 414 W. Parkway Chamber of Commerce Gary Hartfield 100 W, Oak, #100 Architects on the Square Susan Apple 800 S, Locust P&Z Chaix & Downtown Christine Gossett 414 W. Parkway CVB Gincy Thoppil Small Area Planner Julie Glover Main Street Program eggnese 12altho e ASSOCIATES Urban & Regional Planning MEMORANDUM TO: FROM: SU~ECT: DATE: ANN ENNIS & THE CITY OF DENTON FREGONESE CALTHORPE ASSOCIATES RESPONSE TO DOWNTOWN PLAN QUESTIONS 6/1/03 This memo is a response to the questions and comments submitted by Ann Ennis on May 20~ 2003. A. Planning Committee: Mr. Hatcher with the P&Z stated that the Plan was developed by the consultant with input from a Select Committee. Mr. Hatcher also said the first notice was sent to property owners on May 1, 2003, after the Plan was developed. I am a property owner on the square and I operated a business on the square until December 2003. I was not contacted before May 1, 2003. Other property owners that I have contacted say they were not contacted for input to the Plan. I would like for Mr. Hatcher to provide me with the names of the members of the select committee that provided input for the Plan. Mr. Hatcher said he contacted the head of neighborhood associations for input. I would like to know who represented the property owners around and near the square. A. Planning Committee. To our understanding notice was sent out in the first week of May 2002 inviting property owners and the general public to the Downtown Plan workshop that was conducted later that month. The list was generated using GIS data and may not have been 100% accurate or for that matter complete. This could have been one reason Ms. Ellis did not receive the notice. 333 S.W. Fifth Avenue, Suite 300 Port/and, OR 97204 503-228-3054 Fax 503-525-0478 B. Alley Streets ( Austin, Walnut, Cedar, Pecan ): The consultant displayed plans for wide sidewalks, trees, sidewalk cafe, etc. This would be great. 1. Austin Street: The sidewalks are clogged. The city has allowed air conditioner units and stairs to be installed on the sidewalk. A pot for melting tar has been abandoned on the sidewalk for several years. 2. Walnut Street: If wide sidewalks are installed on the north side this will eliminate parking. This street already has problems with beer trucks blocking the street during delivery. There are dumpsters and drums of grease from restaurants. 3. Cedar Street: Cedar street has dumpsters, large utility boxes in the street and smelly grease containers on the sidewalk. The utilities are mounted on the back of the buildings in a very unsightly manner. Who would want to sit in a sidewalk cafe and smell odors from a dumpster and grease containers and look at ugly utilities mounted on the buildings? 4. Pecan Street: Partial sidewalks on the South side with parking lots on the North side. It appears the consultant used a genetic concept without consideration to the Alley Streets. This is understandable, since:no input was requested from the property owners. I recommend that all members of the P&Z and City Council take a walk around the Alley Streets before approving the Plan. I request that the consultant submit his suggestions on how the utilities, dumpsters, grease containers, air conditioners and stairs can be removed to make the streets attractive for sidewalk cafes and other activities. B..41le~ Streets. We are pleased the potential plans for the Alley streets (Austin, Walnut, Cedar and Pecan) intrigued Ms. Ellis. In addition to the information in the plans, we include some additional information on how these plans were developed. 1. Austin Street: For the street designs to work properly the air conditioning units and stairs would l~.kely have to be either moved or redesigned to create more room on the sidewalk. 21ae tar melting pot will need to be removed as well. 2. Walnut Street: The designs for the alley streets would not change the number of effective parking spaces. Although some parking may be moved from one side of the street to the other there will still be parking provided. There will always be issues in a downtown area with delivery trucks. Residents and business owners rely on the delivery of merchandise and thus there will be times when streets in the core are blocked for short periods of time. This plan proposes that a consolidated trash and recycling area be des'~gnated for each block just off the square. Removing the dumpsters and grease drums from the sidewalks is an important part of the redesign the alley streets. 3. Cedar Street: Again, the removal and consolidation of unsightly dumpsters and utility boxes is a key to the beatification of the backsides of the square. Ms. Ellis is right, no one will want to sit at a sidewalk cafd, in the condition they are in today. The downtown plan recognizes this and that is precisely why it recommends a total renovation of the current streetscape design in the alley streets behind the square. 4. Pecan Street: The "partial sidewalks" that were referred to will be enhanced and repaired when the new streetscape design is implemented. Although there are currently parking lots on the north side of Pecan there can still be changes to the streetscape to make it more aesthetically pleasing and walkable. While it is common to have alleys adjacent to a main square, the width of these streets is uncommon - quite unique, in our expierence. They are basically a hybrid between a street and an alley. While we are familiar with street designs from around the country, a generic concept was most definitely not employed for the design of the alley streets. Part of the workshop process was to have participants actually draw and then present what they felt was the ideal de(~gn for these streets. The participant's drawings were then used to develop a set of 12 to 15 unique and original cross- sections that would specifically suite each street in the downtown. Below are a couple examples of the drawings that were created by both property owners and citizens who attended the workshop. 3 We developed every conceivable combination of street, sidewalk, and parking for a two lane 60 foot wide street. From these, the best ideas were chosen for the plan. However, the cross sections are conceptual in nature - a specific design for these streets would have to be developed. What is proposed in the Plan is the concept of improving these streets, and the conceptual ideas for the improvements. Once the concept is approved, specific designs would have to be implemented by a landscape architect. We think that Ms. ELlis's idea to have both the P&Z and City Council tour the streets would be great. They may have some very valuable input that can help. We are confident they will see the potential of these streets and realize that the areas directly adjacent to the square are prime candidates for redevelopment. 4 We would be glad to advise on the plans for these areas when a landscape architect is retained to draw specific designs. C. Square Development: 1. Trees would be great. We were promised trees as a part of the recent square development. 2. The city has encouraged investors to develop apartments on the square and near downtown. The Downtown Plan expands this concept, No parking is provided for residents. In the past we have requested to buy parking permits on the Alley Streets. These requests have fallen on deaf ears. 3. The old fire station at Cedar and McKinney was declared unsafe for the Fire Department due to mold. The station should be converted to a much needed parking lot. To let someone occupy this facility would expose the city and taxpayers to lawsuits due to its unsafe mold conditions. 4. The lights on top of the buildings around the square are paid for by business owners, and property owners. Business owners and property owners were advised that the city could not afford to pay for these lights. If the city cannot afford the minimal cost of these lights, how can it afford the Downtown Plan. C. Square Development. 1. Trees are a great way to provide shade and keep it cool in Downtown Denton. The historic square was not selected for trees because of the historical faqades and the issue of signage. Although this plan dose not recommend additional trees on the square itself we would not recommend against exploring this idea if support is found. Housing in the downtown is a very important element of the plan. Parking for residents can be provided in different ways. On street parking, parking lots/structures, and parking located under buildings (tuck under parking) can be utilized to provide additional parking for residents in the downtown core. Currently, there is estimated demand for 2,600 in the downtown core, and the supply is 3,400. Based on the forecast increase in demand, the plan recommends that surface lots sufficient for 400 spaces (about 4 acres) be acquired in the next eight to 10 years, with a size and cunfiguxation sufficient to accommodate a parking structure. As the downtown continues to grow, parking structures can be added over time. The parking for the areas around the square are in high demand, while off the square there are readily available sites. We would recommend permits for city owned parking spaces two or more blocks from the square, or off hours parking - however, most parking management in downtowns seek to preserve scares public spaces for retail shoppers, rather than residents of employees. The old fire station site is a perfect candidate for one of the surface lots recommended in the plan. This is primarily because it is currently owned by the city and can be easily converted to parking. This is something that can easily be mentioned in the plan. Great ideal The downtown plan will be funded through a variety of different ways. Financing improvements and services to implement the downtown plan can be done with either or both of two special clistricts allowed under Texas law. The first special district is a tax increment reinvestment zone (TIRZ), in wkich all or part of the tax revenue increase over the base year is reinvested in public infrastructure within the zone. Public Improvement Districts (laiD), or their even more powerful cousins, Municipal Management Districts (MMD), can provide infrastructure and/or services. These are just two options; please refer to the "Financial Tools" section of the plan for more information. D. Streets: The Plan shows that some streets will be reduced in width. 1. Will the propesed width reduction be suitable for fire acc, ess and firefighting? 2. Compact car parking is not enforced. Large pickups parked in compact zones create a traffic problem and are dangerous. It would seem that narrow streets would compound this problem. D. Streets. The actually street right of way will not be reduced in width anywhere in the downtown, although the "traffic lanes" may be a reduced somewhat. We have designed the street cross sections with a 12 foot width, probably the most common land width in the United States, and appropriate for downtown traffic. 1. The proposed street-sections will be suitable for fire access. This is something that the City Engineers will be sure of when designing the actual plans for the specific street. The drawings shown in the plan are conceptual and were not designed to be actual "blue prints" for construction of the street. 2. The plan doses not recommend any compact parking spaces. Because of the high number of large vehicles in Denton we feel it would be a mistake to designate any compact spaces. The diagonal parking spaces recommended in the plan are actually quite large when compared with the average size space in the US. They are 9ft wide 22ft deep and are placed at a 45 degree angle. E. Convention Center: A Convention Center would be good but Denton has a long way to go before it is ready for the major conventions it would need to support a center. It needs: 1. Quality restaurants 2. Shopping, shopping, shopping ,and daytime activities for spouses 3. Quality nightlife activities 4. Museums that stay open dudng business hours and weekends. Denton is not a tourist friendly city. If Denton grows as projected it will probably be twenty years before Denton is ready for a convention center. E. Convention Center. The plan recommends additional examination of the feasibility of a Conference and Arts Center, along with developing a business plan and pro-forma analysis for this development. And assuming such a center is feasible; the next step is acquiring the site and selecting a developer for the project. While this may take many years to implement, the complex process and related activities should be supported by the City. We recommend a cautious approach, but feel it is still a good idea to pursue. The Downtown Plan looks good overall but the question of who will pay for its development was not clear. I assume the Plan is a concept plan, but it would have been good if property owners could have been on the select committee to provide input. It seems the concept was developed with very little, if any, thought given as to how it would be implemented. Implementation. The most important part of the plan is malting sure that it is implemented. We have spent a considerable amount of time in the plan laying out an implementation strategy that is flexible and quite cost effective - basically, the success of the downtown funds investments that fuel more success. This allows the plan to be implemented with a minimum of scarce public funds. This plan is publicly driven and centers around what the community as a whole feels is best for the future of Downtown Denton. Please refer to the plan for more information regarding implementation. 8