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Home My WebLink AboutJanuary 9, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL January 9, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 9, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion and give staff direction regarding street maintenance issues. 2. Receive a report and hold a discussion regarding the planned improvements to Golden Triangle Mall. 3. Receive a report, hold a discussion, and give direction regarding participation in the North Texas Commission Rest & Recuperation Program. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of January 9, 2007. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. Special Called Regular Meeting of the City of Denton City Council on Tuesday, January 9, 2007 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 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 Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. City of Denton City Council Agenda January 9, 2007 Page 2 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - F). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - F below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food supplies; providing for the expenditure of funds therefore; and providing for an effective date. ($250) B. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts and Jazz committee for the 2007 Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($2,000) C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one 14 yard dump truck for the City of Denton Parks Department by way of an Interlocal Agreement with the city of Denton; and providing an effective date (File 3684-Interlocal Agreement for the purchase of a Dump Truck for the Parks Department awarded to Rush Truck Centers of TX in the amount of $116,149). D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for architect or engineer by and between the City of Denton, Texas and the firm of Freese and Nichols, Inc. to provide engineering services associated with water distribution system master planning in a lump-sum amount of $200,000; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utilities Board recommends approval (7-0). E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and the Upper Trinity Regional Water District regarding the use of the right-of way for water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher Road Area) The Public Utilities Board recommends approval (7-0). F. Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 1. McKeown, Michael & DCAD Supplemental Change 2001-OS $3,872.68 Shannon 2. Ezell Air, Inc DCAD Supplemental Change 2004 $1,495.99 3. Mavericl{Acoustics, Inc DCAD Supplemental Change 2005 $ 628.34 City of Denton City Council Agenda January 9, 2007 Page 3 4. PUBLIC HEARINGS A. Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 23.84 acres. The property to be annexed is generally located in the southern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) northwest corner of I 35W and Robson Ranch Road. (A06- 0003, Robson Ranch Retail) B. Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 18.27 acres. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 3 80 west of Masch Brand Road and legally described as Lot 1 of the Marriott Garden Addition. (A06-0006, Nlarriot Garden Addition, Lot 1) C. Hold a public hearing and consider adoption of an ordinance regarding a rezoning of approximately 0.84-acres of land from Planned Development District No. 176 to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the southeast corner of Hickory Creek Road and Teasley Lane. (Z06-0023) The Planning and Zoning Commission recommends approval (7-0). D. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow a grocery store to exceed a maximum of 25,000 square feet of gross floor area and to allow adrive-through facility associated with a pharmacy. The proposed retail center development is located on the southeast corner of Hickory Creek Road and Teasley Lane and is within a Neighborhood Residential Mixed Use (NRMU) zoning district. (506-0006) The Planning and Zoning Commission recommends approval (7-0). E. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow adrive-through facility associated with a bank. The proposed retail center development is located on the southeast corner of Hickory Creek Road and Teasley Lane and is within a Neighborhood Residential Mixed Use (NRMU) zoning district. (506-0007) The Planning and Zoning Commission recommends approval (7-0). F. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow adrive-through facility associated with a fueling station. The proposed retail center development is located on the southeast corner of Hickory Creek Road and Teasley Lane and is within a Neighborhood Residential Mixed Use (NRMU) zoning district. (506-0008) The Planning and Zoning Commission recommends approval (7-0). G. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow adrive-through facility associated with a bank. The proposed retail center development is located on the southeast corner of Hickory Creek Road and Teasley Lane and is within a Neighborhood Residential Mixed Use (NRMU) zoning district. (506-0009) The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Agenda January 9, 2007 Page 4 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on first reading to voluntarily annex approximately 1,199 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northwestern area of the City of Denton's extraterritorial jurisdiction generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning Commission recommends approval (7-0). (A06-0005 Hills of Denton) B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jordan Hudspeth regarding concerns of Southeast Denton. B. Lanisha Hudspeth regarding concerns of Southeast Denton. C. Hagar Hudspeth regarding concerns of Southeast Denton. D. Willie Hudspeth regarding concerns of Southeast Denton. C. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2007 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: January 9, 2007 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349-8232 SUBJECT Receive a report, hold a discussion, and give staff direction regarding street maintenance issues. BACKGROUND Responsibility for Streets/Traffic operations and maintenance were transferred to the Water Department in 2001. Funding for these two divisions continues to be provided from the general fund. Staff would like to update the City Council on historical street maintenance issues, the current maintenance activities and provide staff recommendations on the changes needed to adequately operate and maintain the street system. Staff is very appreciative of this Council's efforts to provide additional funding to the Streets and Traffic divisions to begin addressing these funding issues. Staff is providing a 15-year expenditure history for street maintenance activities (Exhibit 1). Costs of utility patches and pothole repair are included in these totals, when calculating the annual replacement costs these expenses should not be included in the maintenance expenditures. Maintenance activities include crack-seal, micro-seal, hot-mix asphalt (HMA) overlay, and street reconstruction. The crack seal program involves the application of rubberized asphalt material into cracks that appear on the surface of the roadway. This is a very important early maintenance procedure to prevent moisture from seeping into the cracks. This prevents damage from the freeze thaw cycles in the winter and from expansion/contractioncyc1es due to the expansive clay soils under the pavement. Micro-seal is a more aggressive maintenance procedure providing a thin additional wear surface and a sealant coating to the surface of the roadway. This material is comprised of rock, emulsion asphalt, cement, and sand. This procedure seals the entire surface of the roadway protecting the roadway and subgrade from moisture. Smaller cracks and more numerous cracks are more cost effectively sealed using this maintenance procedure. Hot-mix asphalt overlay (HMA) involves the milling of several inches of asphalt off of the surface of the roadway and then replacing with three to four inches ofhot-mix asphalt and then roller compacting. Spot curb and gutter repairs are normally made during this procedure. Total reconstruction involves the complete removal of the existing roadway and reconstructing of the subgrade and placement of new asphalt layers or concrete. Normally, on a total reconstruction proj ect the curb and gutter sections were either partially or completely replaced depending upon the salvage value and condition of the existing curb and gutter system. 1 Agenda Information Sheet January 9, 2007 Page 2 of 8 Prior to 2002, the roadway standard for subgrade and asphalt thickness was based on the following criteria (Exhibit 2). If rigorous inspection was not being done during application of roadways it is quite conceivable that the roadway thickness actually constructed could have been significantly thinner than what was inspected. The less stringent criteria of the past are resulting in the reduced life cycle of our roadways. These thinner roadway sections are deteriorating at a much faster rate as the city grows and traffic volumes increase. CURRENT INSPECTION PROCEDURES COD inspection procedures are currently similar to those used by other municipalities employing public works inspectors. With regard to pavement and the factors that affect paving quality, the current procedures are outlined herein. Materials Testing Prior to the beginning of construction on a project, the City of Denton requires that soil samples be taken and proctor density test be performed. These tests are to determine dry density weight and optimum moisture content to achieve maximum compaction (referred to as proctor density). Test results are used for the compaction tests run on project soils. Without proctor density test results, the project inspector will not accept the compaction test results. For private development projects, developers are required to provide their own testing company and are responsible for all testing required by the city specification. The project inspector attempts to monitor testing and a copy of all results are sent to the project inspector for his file. For CIP projects, the City directly contracts with the testing company. Prior to the beginning of construction on the project, testing needs are evaluated by the street or utility department and the Engineering Department's Project Manager and Inspections group. Once the scope of testing is established, normally by comparing the project plans with the testing requirements in the specifications, an estimate of testing costs is projected, the street or utility department funding the project is notified of the amount needed, and an additional purchase order is created to fund the testing. The testing is scheduled and monitored by the project inspector. All results are copied and kept in the inspector's file. Excavation Project excavation normally involves the rough cut of the project site or area (cuts and fills in public areas for example). The inspector monitors this process to ensure that proper compaction testing is conducted in the fill areas. After the rough cut is complete, the inspector checks that proper finish grade staking is installed. The inspector then checks the staking versus the approved construction plans. The inspector then monitors site grading and verifies proper grade with the assistance of the contractor. Upon satisfactory completion of the grading, the project's underground utilities are then installed. Installation of Utilities in Streets During the installation of below grade utilities, the inspector monitors the activity for procedures and materials used, including the compaction to performed by the testing company. The Agenda Information Sheet January 9, 2007 Page 3 of 8 inspector attempts to make sure the contractor uses the specified embedment for the type of utility being installed. Backfill is placed and compacted in 12-inch lifts. The inspector checks that proper testing procedures are performed at specified intervals. The inspector uses the test reports from the samples taken at the start of the project to check the instruments used by the testing company. Backfill is compacted to 95% of the proctor with optimum moisture content of plus or minus 2%. The inspector reads the test result of the instrument used, and the testing company documents the results. A detailed testing summary is created and copied to the inspector for the project file. If testing results are negative (failed), the area is excavated, re- filled, compacted, and tested again. Installation of Street Sections After the installation of utilities, the inspector checks that grades are re-established to the rough state established previously. Staking is then checked to make sure that any stakes disturbed during the utility work are re-established. Street sections are cut to 0.10 feet of the cut on the staking. A string line is pulled from curb to curb to check clearances at the centerline and at the quarter points of the street section. At this point in the project, the soils testing company performs a lime series to determine the proper treatment for the soils in the subgrade. This test determines the plasticity index (PI) of the soil. High PI soils of 13 or above require lime treatment, and soils with a PI below 13 require cement treatment. From these tests the lab is able to determine how much lime or cement is required to stabilize the soil. The test also determines the percent of lime or cement per square yard of surface. Lime or cement is delivered by the ton to the job site in slurry (wet) form. The inspector uses the P.I. test results to calculate the spread rate per truck for proper distribution. The processing of the soil and applicable treatment material is monitored to ensure that proper gradation is achieved (using a #7 sieve, the inspector makes sure that 70% of the sample material will pass through it) and then monitored for uniformity throughout the section being stabilized. The sub- grade is then compacted and reshaped back to proper grade. The chemical process is allowed 72 hours for completion. After 72 hours, lime stabilized subgrade is re-mixed and checked for gradation and moisture content and then compacted and re-shaped to the correct grade. After 72 hours, cement treated subgrade is simply checked once again for final grade. Asphalt Streets At this point on asphalt streets, the curb and gutter is installed. The inspector uses the same grade stakes previously established to check the grade of the forms set up for the curb section. All junction boxes, manholes, valve boxes and any other appurtenances in the pavement are checked for proper grade through the use of a string line. During curb and gutter installation, lime stabilized subgrade is monitored for moisture content and the presence of fractures. Proper moisture must be maintained by watering, or the contractor may need to apply a seal coat. The sub-grade could become damaged if it is allowed to dry out or if heavy traffic is allowed to cross it. If damage occurs, the affected section must be re-mixed with the proper moisture content and re-graded. 3 Agenda Information Sheet January 9, 2007 Page 4 of 8 The surface coarse is then applied. Asphalt must meet the standard reference specifications for the type of asphalt used. Each truck delivered must have a ticket that lists the design and weight. Samples are typically tested at the plant to ensure that the proper mix is being achieved. Temperature is a maj or factor when placing asphalt and is checked at the truck and in the lay down machine. Compaction is checked by tests and by creating a roller pattern that will achieve a uniform layer and density. The inspector monitors the contractor as he performs depth checks to the asphalt being placed. The asphalt probe is set at the proper depth at the rear of the lay down machine. The inspector monitors a test section as the contractor and testing company establishes a roller pattern for compaction. Once the roller pattern is established, the inspector monitors compaction to ensure that proper procedures are followed so that a uniform layer and density is achieved. Concrete Streets On concrete streets, curb sections are poured monolithic with the pavement (at the same time as the paving). The contractor must have a concrete batch design from the supplier approved for conformance with City specifications. Each truck delivered must have a ticket that includes batch design, amount delivered, amount of water added, and time it was mixed at the plant. During placement, the inspector monitors the testing company when cylinders (samples) are taken. The inspector will make sure the proper amounts of cylinders are taken and are stored correctly. Cylinders are tested after set periods of time (7 and 28 days) to determine the cured strength of the concrete. The inspector also monitors the depth checks taken by the contractor just behind the lay down machine as concrete is being placed. Follow-up Inspections It is the City's current practice to visually inspect pavement for signs of abnormal deterioration prior to expiration of the maintenance period. The current maintenance period (warranty) provided by the contractor is two years. Prior to adoption of the Denton Development code, the maintenance period was one year. The contractor provides a maintenance bond to cover the cost of any repairs needed within the maintenance period; however, in most instances the contractor will simply make the repairs themselves. Staffing Levels and Experience Currently, the Engineering Department's public works inspection staff is made up of 6 inspectors (one of which is on active military duty) and a supervisor. These individuals in general have on average of over 10 years of inspection experience and additionally have over 10 years of actual construction experience. The existing training program consists mainly of "on-the job" training; however, this practical experience is supplemented by Texas A&M Extension Service (TEES) courses. TEES Construction Inspection series consists of 10 to 12 courses that are 8 or 16 hours long each. Inspectors typically attend one or two of these courses per year (workload and budget allowing) until they complete the series. Additional Personnel Inspectors currently manage multiple jobs simultaneously, requiring them to drive from job to job during the course of the day and limiting the amount of time they can spend overseeing any one job. Some contractors tend to take less care when an inspector is not present. Data is being 4 Agenda Information Sheet January 9, 2007 Page 5 of 8 developed to clarify the amount of time per proj ect that an inspector is allowed by this workload, but in the past the time spent per project per day was estimated at 45 minutes. Purchase of Equipment • Coring Machine to check pavement thickness prior to accepting the improvements - At one time, the use of this equipment was common practice; however, it has not been done in many years as the existing coring machine is no longer operable and inspectors have had less time per job in recent years. Updating Standard Details, Manuals and Specifications Some areas within the current specifications are vague with regard to testing procedures and construction methods. In addition, conflicts exist in various places between the standard specifications, the Code, the criteria manuals and the standard details. As discussed, Staff is working to eliminate these conflicts. Modified Procedures • City to provide testing as needed -Currently the city provides (pays for) material testing on CIP projects only; however, on development projects, the developer's contractors provide testing. Testing companies hired by a developer or the developer's contractor is responsible to their client. The City previously provided all testing for development projects, but for liability and budget reasons that responsibility was transferred to the developer. The City could reinstitute the procedure of providing testing services for all projects, or a compromise could be established by providing the inspector a budget and the ability to secure testing services for a second opinion (dual samples) or to simply spot check as needed to ensure that the contractor's test results are accurate, sufficient and unbiased. • Require paving contractors to use "Trimmers" on subgrade -This requirement would help to ensure that the profile of the subgrade is consistent providing a more uniform pavement depth. • Require paving contractors to provide ground penetrating radar (GPR) data prior to project acceptance -This requirement would provide non-destructive documentation with regard to pavement depths prior to proj ect acceptance. • Establish and require a standard pattern or frequency of core samples taken by the contractor prior to project acceptance -This requirement would provide a means of documenting adequate and consistent pavement depths. It is a much less expensive and more common method than GPR; however, it is less accurate on an overall basis and is destructive to the pavement. • Provide a procedure and standard protocol in the event documentation shows deficiencies in pavement thickness or quality -This requirement establishes a known consequence to a contractor and an incentive to install the pavement correctly the first time. This process could be included in updated specifications or spelled out in the criteria manual. • Miscellaneous improvements to overall process o Works to ensure that final development plans received at the preconstruction conference are adequate, accurate, complete and identical to that which was approved at P&Z or through the DRC process. 5 Agenda Information Sheet January 9, 2007 Page6of8 o Properly inform developers of all necessary steps. Developers should not be passed onto preconstruction if all previous requirements have not been met. In addition, political pressure and premature starts tend to complicate issues during construction. o Have three-way contracts with an Exhibit A showing subtotals so that Inspections doesn't have to try to break out the various types of construction. o Staff attending pre-construction meetings should review project plans in advance rather than during the meetings (the first item under this subcategory should help to ensure that this has happened). Annual Replacement Costs Staff distributed an article from the Ft. Worth Star Telegram concerning the condition of Ft. Worth streets and comments from Lewis McClain concerning annual replacement costs for streets. We have included that information in this document (Exhibits 3 & 4). A life cycle cost chart was prepared to give an estimate of the annual expenditures necessary to maintain a given number of lane miles (Denton has approximately 1300 lane miles) of roadway (Exhibit 5). Roadway standards prior to the 2002 would yield approximately 20 to 25-year life cycles. By looking at the 20 to 25-year life cycle costs and assuming a cost of $350,000 per lane mile, it indicates we need to be spending $18 to $23 million dollars per year for annual maintenance. Staff is working on the development of roadway design standards that would result in a significant increase in the life cycle of the Denton street network. Adding 10 to 15 years to the life cycle of Denton's roadway reduces the annual maintenance expenditures to $11 to $15 million per year. It is obvious from the annual replacement costs that by increasing the life cycle of our roadways the annual maintenance costs can be significantly reduced. Staff has surveyed other cities in the Metroplex to determine how our roadway design standards compare (Exhibit 6). With the exception of major and minor arterial categories, our design standards are comparable. The arterial category design standards have been raised to handle higher traffic volumes and heavier truck loads. The City contracted with ERES Consultants in 2004 to perform an Automated Roadway Evaluation (Exhibit 7). This evaluation gave staff an accurate assessment of the Overall Condition Index (OCI) of the City of Denton street network. Based on the analysis of the road condition, the consultant performed model runs to determine the level of expenditure necessary to prevent the deterioration of our roadway system. The consultant developed a pavement management model that would predict OCI levels based on annual expenditures (Exhibit 8). The model indicates that it would take an annual expenditure between $18 and $25 million to reverse the deterioration in the Denton road system. Concrete Versus Asphalt In November 2004, the City assembled a Pavement Focus Group to make recommendations to the City Council related to the use of asphalt pavement versus concrete pavement on City funded pavement projects. Tim Fisher's memo of February 28, 2005 (Exhibit 9) summarizes the results of the Pavement Focus Group (Exhibit 10). The asic result of the Focus Group was that Agenda Information Sheet January 9, 2007 Page7of8 as long as equivalent pavement life designs can be achieved then either material could be used. At this point, staff hired a consultant to assist in the evaluation of the equivalent design life for concrete versus asphalt. Staff is currently evaluating the results of a study comparing equivalent life cycles for concrete and asphalt roadways (Exhibit 11). Denton Street Maintenance Program The financial resources allocated to the Denton street program are significantly less than required to properly maintain the street system. This situation has developed over the past 15 years and has resulted in an overall deterioration of the street network. Unless major changes in the street maintenance program are made soon, the street system will deteriorate to an unacceptable level and reasonable options for addressing the issue may not be available. Therefore, a financial plan must be developed to reverse the current trend and restore the street program to a viable level. The magnitude of the funding shortfall is significant. Denton is currently spending approximately $2.5 million per year to maintain Denton streets. However, the annual cost of just maintaining the existing street system on a continuing basis is estimated at approximately $18.2 million. Based on the large size of this funding gap, easy financial solutions will not be available. The financial plan must consist of a number of sources of additional funding and a prioritization of existing funding sources to be successful. The plan will also require a number of years to fully implement. Staff recommends that annual funding for streets maintenance be raised to $15 million as soon as possible. (Exhibits 12 and 13) Some funding options include new fund sources or the increase in existing funding: -Road impact fee -Heavy truck surcharge -County toll road funding -Increase in sales tax -transportation -Increase in property tax Another funding option is to increase funding from existing sources: -Reallocation of funding from current operating budget to streets -Reallocation of CIP resources to streets -Allocation of gas well revenues to street program Actions can also be taken to reduce the annual street maintenance/replacement costs: -Raise street design standards -Increase inspection activities to insure new streets meet standards -Increase street life through better construction techniques -Increase quality control testing A street maintenance financial recovery plan of this magnitude will require that difficult decisions be made concerning new resource options and reallocation of existing resources. However, it is essential that a plan of action be developed and implemented to preserve the quality of our street system. 7 Agenda Information Sheet January 9, 2007 Page 8 of 8 RECOMMENDATIONS 1. Reconvene the pavement focus group or a similar stakeholder group for discussion and refinement of the following recommendations. 2. Continue the development of criteria that will extend the life cycle of Denton streets. 3. Currently, developers are required to provide their own testing company and are responsible for all testing required by the City specifications. Proposed change: Require developers to pay for the cost of testing up front and the City would hire the testing company. 4. Increase inspection fees associated with the monitoring and quality control for utility installations under roadways. 5. Consider the purchase of a coring machine to check pavement thickness prior to accepting t e improvements. 6. Require paving contractors to provide ground-penetrating radar (GPR) data prior to project acceptance. 7. Provide a procedure and standard protocol in the event documentation indicates deficiencies in pavement thickness or quality. 8. Allow asphalt or concrete for arterial roadways if the design life of the roadway is equivalent. 9. Set the target funding for streets operation and maintenance at $1 Smillion annually to be achieved as soon as possible. 10. Continue to evaluate potential funding options for streets maintenance. EXHIBITS 1. Historical Expenditures 2. 2002 Design Standards 3. Article: City's Path to the Future Maybe Poorl.. P 4. Article: Fort Worth: City has 816 Lane-miles of Streets so bad that the can only be Fixed by Rebuildin t.~ hem 5. Annual Street Replacement Cost 6. Design Criteria for Surrounding Municipalities 7. ERES Consultants -Final Report -Engineering Analysis of Automated Roadway Evaluation 8. Changes in Network OCI for Various Budget Levels 9. Memorandum February 28, 2005 -Pavement Focus Group Status Report 10. Freeman-Millican, Inc Consultants - Report of Finding for Pavement Focus Group 11. Memorandum September 29, 2006 -Pavement Analysis Update 12. Street Operations and Maintenance Expenditures 13. Street Operations and Maintenance Expenditures Respectfully submitted: - Jim Coulter Director Of Water Utilities 8 CITY OF DENTON Streets Operations and Maintenance Expenditures Fiscal CO's and Year Expense DCTA $'s 1992 $1.495 1993 $1.558 1994 $1.571 J 1995 $1.694 Q 1996 $1.776 ~ 1997 $2.168 U 1998 $1.936 Q 1999 $1.939 2000 $2.116 2001 $2.690 2002 $2.708 $1.060 2003 $2.847 $0.780 2004 $2.986 $1.900 2005 $3.306 $1.750 2006 $3.415 $1.000 2007 $4.198 $1.000 Dollars in Millions 9 r__t't~l i rX111D1L 1 Street Sections 11-28-06 Current Criteria Previous Details Adopted in 2002 Street Classification Asphalt Concrete Prev Asph Prev Conc Alley NIA 7"Rl8"C NlA NIA Flag Drive 5" 5" NlA NIA Residential Lane 7" 6" NlA NIA Residential Street 7" 6" 5" 5" RurallSuburban 7" 6" NlA NIA Courtyard Street 7" 6" NlA NIA Cul de Sac 7"Rl8"C 6"Rl7"C NlA NIA Residential Avenue 8" 7" NlA NIA Main Street Collector 8" 7" 8" 7" Commercial Collector 9" 8" NlA NIA Secondary Arterial NIA 10" 8" / 10" 6" / 8" Divided Secondary Arterial NIA NIA 8" / 10" 6" / 8" Undivided Primary Arterial NIA 12" 10" 115" 8" / 11" Divided Primary Arterial NIA NIA 10" 115" 8" / 11" Undivided 10 Exhibit 2 Posted on Tue, Dec. 12, 2006 City's path to the future may be poorly paved By MIKE LEE Star-Telegram Staff Writer FORT WORTH Traffic on Keller Hicks Road comes to a standstill every morning and afternoon as students move between two new schools and the thousands of new homes in the Villages at Woodland Spring subdivision. There are no sidewalks along Keller Hicks, which is two lanes wide with drainage ditches on either side. The situation is so chaotic that the city paid $120,000 this yearto provide buses for children who live near enough to walk to school. Two children have been hit by cars nearthe schools since August. "It's dangerous; it's a huge accident waiting to happen," said Lara Lee Hogg, executive director of the North Fort Uvorth Alliance. The situation is illustrative of a problem that occurs all over Fort Worth. The city has grown so fast, through annexation and redevelopment, that there isn't enough money to pay for roads and other infrastructure. A $273 million bond package of projects that voters approved in 2004 is on schedule, but it's not enough to meet the demand. The number of poor-quality streets streets so bad that they can only be fixed by rebuilding them --has increased to 816 lane-miles in 2006 from 785 in 2005. And the cost of rebuilding alane-mile has increased to $660,000 from $500,000. Nor does the city need only streets. It also needs libraries, parks, and fire and police stations. All told, the city will need $2.8 billion to build and maintain roads and other infrastructure over the next 10 years, city officials say. City officials believe that they can sink $150.9 million into roads and other "critical capital needs" in the next four years without a tax increase. But it won't be easy and it will mean dedicating a lot of the projected growth in tax revenue to the road projects. "It doesn't take much to connect the dots," City Manager Charles Boswell told the City Council at a workshop Monday. "There will not be as much money for public safety, or code [enforcement], or a lot of the other purposes that we've utilized that growth for in the last few years." Boswell and the city staff want the city to issue certificates of obligation, which don't require voter approval as bonds do, for the $150.9 million. Under the proposal, most of the money will be spent on neighborhood streets ($51 million} and arterial streets such as Keller Hicks Road ($19.8 million). The plan would also put $23 million into a new parking garage for the convention center and allocate $6 million for "premature street failures," which are streets built by developers that fell apart. That would still leave about $10 million worth of failed streets. Transportation Director Robert Goode said the city is looking for ways to collect more from developers to cover the failed streets. The city is also trying to increase the fees that subdivision developers pay to offset the burden that new homes and businesses put on surrounding roads. Council members said they generally favored the plan, although there was some dissent. Councilwoman Wendy Davis said that the city normally holds a bond election before borrowing large amounts. A preliminary vote could happen next week and a final vote in January. Also, the list of arterial streets includes only projects that are eligible for matching funds from other sources. That means some parts of town would get nothing. Others said the city can't afford to wait. Any delays could mean bigger cost increases, Councilman Chuck Silcox said. "Infrastructure is, has been and will remain one of our biggest problems," Silcox said. 11 hxnl blt J "Lewis F. McLain, Jr." <news(cr~cit base.net> 12/12/06 8:47 AM LFM Note: this is what I have been preaching for years. Take the number oflane-miles in your city (FTW has 6,900 and divide by the average life, say 25-30 years, and you will see how many lane-miles will be in need of replacement every year on the average. It is an exponential, not straight-line curve in reality, but this will give you a reasonable clue of the kind of liability that is accruing each year. Using 30 years, Fort Worth in this high-level illustration will need to replace about 230 lane-miles each year or do as most cities do and defer until the arithmetic reaches a critical stage. Given that developers built most roadways the first time and gave the ASSET to the city, the asset then turns into a LIABILITY for the city as years go by. The $500,000 per lane-mile cost has stood up as a reasonable number until the cost of concrete and steel escalated over the recent years. It is still a decent number for the weighted cost of all roadways including neighborhood streets. In any case, take 230 lane-miles per year and multiply by $soo,ooo and you get $115,000,000 per year on the average to address the eroding roadway liability. Postpone long enough and then you will need to double to deal with the parallel issues of 1) catching up and 2) keeping up. If fact, rather than argue with my rough, high level approach, construct a matrix with average life down the side in 1-year increments from 10 years (ridiculously low) to 40 years (ridiculously high). Then across the top list the cost per lane-mile from $250,000 to $650,000 in $50,000 increments. Inside the matrix compute the annual liability estimate by taking your total lane- miles applied to the "depreciation rates" (years) and the costs per lane-mile. Somewhere in that table is your ANNUAL replacement liability. If you have a good maintenance program, then you can move closer to 30+ years for replacement. If you are doing less than you should be, then you may need to look at a shorter life that moves toward 20 years. If you have high construction standards and good soils to begin with, then you are blessed. If most of your roadways were built at standards less than you would require or accept today and/or if you have bad soils, then you have a problem. If you are deferring maintenance (Fort Worth says they conduct maintenance on 200 lane miles per year out of 6,600 lane-miles; you do the math) then why are you acting surprised when many, many years go by and then finally someone sits down and does a little arithmetic to produce a "sticker shock result" that could have been estimated with a fair degree of accuracy several decades ago? My comments are based on using Fort Worth numbers, but are not directed just to Fort Worth. Arlington reported a few years back that their roadways were wearing out at the rate of $1,000,000 per month. Several cities like Plano publicly started addressing the cost of getting their older parts of the city in good shape since so much attention has been placed on growth for years. If you are a city that can say, "a very high percentage of our roads have been built in a very short period of time" then you need to recognize that a bubble is coming your way as you substitute "will wear out" for "have been built" in that statement. 12 Exhibit 4 This is a liability that public works and finance folks need to both shares the responsibility for measuring and reporting. It is clear that the accounting profession is not going to have the finger pointed at them when the costs of infrastructure (and now pension and OPEB costs) are moved from 1) no recognition to 2) rough calculations to 3) liabilities mentioned in footnotes to 4) liabilities placed on in the appropriate place on the balance sheet. And when liabilities go up on the balance sheet that did not exist before and do not have a corresponding asset, then we might find that some cities have negative values in the equity section of the balance sheet. The complexity of accounting that started in the mid-1970's when the accounting profession got embarrassed when NY technically defaulted on some bonds has yet to reveal the simple story that could have been told with only a few adjustments to the traditional balance sheet, income statement and working capital statement (oh how I still grieve to the VVC statement!) two decades faster than it has taken to recognize a liability for what it is. 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N ~ ~ N ~ i ~ a U ~ ~oL ~ ~ CO t~ t~ 00 00 00 t0 0 O J ~ 0. 0 s- = Z °o o aaL ~ Z N _ ~ a L ~ i V 2 u~ 0 U ~ p t~ N ~ ~ ~ 00 00 a0 00 00 00 00 Q ~ ~ ~ o~ O L N N ~ 0 2 ~ can ~ L = L ~ ~ inooaooooo~co 0 ~ c ~ ~ Z Z sa~~ ~ o ~ a~L z ~ a ~ ~ ~ 0 Q Q N D p i ~ - - - - - - - o L ~ c ~%~ooooco% © 00O ~ ~ ~ ~ 0 - Z ~'o spa L Q ~ ~ N ~ Q 0 0 ~ N O p N L 'i ~OOOW~~ 0 ~ ~ S ~,fl. /R ~ ~ ~ ~ N ~ ~ ~ ~ a7 V ~ ~ ~ - ~ ~i ~ ~ G ~ ~ ~ N 0 L }r - - - - - - - - N L ~ 'i ~ tOCO~O~O00 0 J ~4 S ~,a Q ~ N ~ L ~ z ~ Q N c ~ cL 0 0 0 N ~ O ~ ~ L _ ~ L 0 (Do0zo0o0o0f~ 0 O~ _ ~ Z a ~.N a c~ ~ V ~ u~ o ~ Q ~ in a o as 0 ~ ~ v - - 4 ~ G tD C~ tU r ~ 00 f~ ~ ~ V ~ a N ~ } O 0 0 O t~ Q~~~zZo~ r ca r. ~ 00 ~ ~ ~ ~ ~ ~ ~ o o ~ +r U U ~ i N N 7~ N N~~ ~ N d d V N}'~ ~'C~ O O N ~ ter = m ~~QQUU Q c ~ 0 ~ ~ J J ~ ~ ~ ~ Q U ~ ~ FYhihit h LLllll Vll~ V ENGINEERING ANALYSIS OF AUTOMATED ROADWAY EVALUATION Final Report Prepared For The City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Prepared By EKES Consultants A Division of Applied Research Associates, Inc. 505 W. University Avenue Champaign, Illinois 61820 (217) 356-4500 July 28, 2004 16 Exhibit 7 City of Denton PMS Implementation Final Repot Page 2 EXECUTIVE SUMMARY ERES Consultants completed a pavement management system (PMS) implementation project for the City of Denton to update the City's existing Cartegraph PAVEMENTview Plus PMS database and develop multi-year work plans. ERES used a seven-task approach to the collection and analysis of engineering data and pavement management system customization that included: Task 1. ERES gathered information about the City's roadway inventory and current traffic information. We also interviewed key City staff members to better understand how the pavement management system database was being used and what the expectations were for the enhancement of this database during the project. Task 2. ERES conducted asemi-automated video distress survey on approximately 1,300 lane-miles of roadway in July 2003 using a vehicle equipped with digital pavement and right-of way cameras and a set of lasers in the front bumper. This equipment simultaneously recorded the surface condition, rutting, and roughness of the pavement surface. It also recorded images of roadside items such as sidewalks, curb/gutter, signs, guardrail and fencing, while traveling at prevailing traffic speeds. Task 3. A ground penetrating radar survey of the 1,300 lane-mile road network was conducted by GEOVision in July 2003, under a subcontract to ERES, using a 1.0 GHz, air-coupled radar antenna system that pulsed the pavement at 2-ft.intervals while traveling at prevailing roadway speeds Task 4. ERES uploaded the results of the analysis of the semi-automated pavement distress survey into the PAVEMENTview database. This data included the distress types, severities, and extents picked off the video imaging, as well as the average IRI, rutting, and faulting values for each roadway segment in the database. Task 5. ERES developed Denton-specific pavement performance models based on the pavement condition data collected in Task 2 and the layer thickness data collected in Task 3. These models were then stored in the PAVEMENTview Plus database for use in predicting the future performance of the network and triggering specific rehabilitation recommendations at the proper timing. ERES also developed the Maintenance, Repair and Rehabilitation (MRR) decision matrices and established the trigger levels to reflect the City's current maintenance and rehabilitation practices. Task 6. ERES prepared several comprehensive 5-year work plans for the entire roadway network and for just the arterials and collectors in the network. We used a "best first" policy and developed work plans using the current annual 0&M budget of $2.1 million. Finally, we generated work plans using several budget levels to determine what budget level would keep the network OCI at its present level of 69 and what budget level would raise the network OCI to 75. Task 7. ERES delivered digital video images from the downward-looking line scanning camera and the forward-looking and right-of way cameras to the City and linked them as a separate layer to the City's ESRI GIS database. We also delivered the RoadDoctor viewing software along with the GPR data files and MPEG video files that were cross referenced to the PMS database route segments. ERES developed a comprehensive user's guide for PAVEMENTview Plus and provided several copies to the City staff during a 3-day training workshop. Finally, ERES delivered the Cartegraph PAVEMENTview and PAVEMENTview Plus databases that contained the final route segment inventory, deterioration models, MRR decision matrices, and budget scenarios. ERES recommends the City aggressively maintain their new PMS database through semi-annual revisions of the activity unit costs, monthly input of new route segments and weekly updates of work performed throughout the network. We also recommend the City explore the use of routine and preventative maintenance activities that can economically extend pavement life. Finally, we recommend the City retain ERES Consultants during the next 1 to 2 years to assess how well the PMS is meeting the City's needs and to make adjustments, if necessary, to the decision matrices, trigger levels, and OCI and NPR calculations. 17 City of Denton PMS Implementation Final Repot Page 3 1. Background ERES Consultants, a division of Applied Research Associates, has completed a pavement management system (PMS) implementation project for the locally maintained roads within the City of Denton, Texas. The purpose of this project was to 1) update the City's existing Cartegraph PAVEMENTview Plus PMS database with current pavement condition and inventory information and 2) develop multi-year work plans using current and projected funding levels. This report summarizes ERES' work on each project task and presents the results of several 5-year pavement management (PM) plans. 2. Project Scope ERES used a seven-task approach to the collection and analysis of engineering data and pavement management system customization for the City of Denton. These tasks are briefly described below. Task 1. Site Visit and Preliminary Pavement Management Tasks Prior to the start of data collection in July 2003, ERES conducted a kickoff meeting in June 2003 to familiarize the staff with the scope of work and data collection procedures and to gain an understanding of the City's previous distress inspections, the current PAVEMENTview Plus and GIS databases, and the problems encountered with this data. In addition, we gathered information about the new roads that have been accepted into the City's inventory since the last inspection and the most current traffic information available for each route in the network. Finally, we interviewed key City staff members to better understand how the pavement management system database was being used and what the expectations were for the enhancement of this database during the project. Task 2. Semi Automated Video Distress Survey and Analysis ERES conducted asemi-automated video distress survey on approximately 1,300 lane-miles of roadway in July 2003 using a vehicle equipped with digital pavement and right-of way cameras and a set of lasers in the front bumper. This equipment simultaneously recorded the surface condition, rutting, and roughness of the pavement surface. It also recorded images of roadside items such as sidewalks, curb/gutter, signs, guardrail and fencing, while traveling at prevailing traffic speeds, so no additional traffic control was required. The van-mounted camera and profiler system was manufactured by International Cybernetics Corporation (ICC) and offered the highest quality downward-looking pavement images available on the market, including: ~ 2048 x 2000 resolution downward-facing digital pavement images 1300 x 1028 resolution foreword- and side-facing panoramic images 5-laser profiler for roughness, rutting, and faulting measurements • Distance referencing and GPS coordinates • Lighting system to eliminate hard shadows and shading The ERES survey vehicle, shown in Figure 1, stored pavement and panoramic images on its onboard computers in real time using the JPEG format. The images were stored on removable hard drives, one per camera, which were sent to our office in Mechanicsburg, PA for post-processing on an ICC-developed workstation. This workstation consisted of a tower computer with multiple monitors for viewing pavement and panoramic images simultaneously. The ICC software was used to access, view, and step forward and backward through the collected images to precisely locate and categorize the manholes, catch basins, and valve covers on each route segment. Following completion of data processing, the digital images were backed up on DVD disks and archived for future viewing. Figure 2 shows the ICC workstation used for data processing. 18 City of Denton PMS Implementation Final Repot Page 4 Figure 1. Digital Survey Vehicle Figure 2. Image Processing Workstation There were several benefits to using video surveys, including the consistency that could be achieved in the data collection and analysis, the gathering of ride quality information that truly represented the public's perception of the road network's quality, and the collection of spatially accurate GPS coordinates of all pavement segments and roadside assets. A video survey of the entire network was accomplished in just a few days because the analysis of the data was accomplished at special workstations at EKES' offices. 19 City of Denton PMS Implementation Final Repot Page 5 Task 3. Ground Penetrating Radar Survey and Analysis A ground penetrating radar survey of the 1,300 lane-mile road network was conducted by GEOVision in July 2003, under a subcontract to ERES, using a 1.0 GHz, air-coupled radar antenna system manufactured by Geophysical Survey Systems, Inc. This system pulsed the pavement at 2-ft.intervals while traveling at prevailing roadway speeds, so no traffic control was required. Ground penetrating radar has been proven to be effective in defining the subsurface profile of a road network. The radar unit, shown in Figure 3, took continuous images of the subsurface while traveling at posted speeds. The GPR data was analyzed by GEOVision using the RoadDoctor analysis software shown in Figure 4. The results of this analysis were provided to ERES in three forms: a spreadsheet of layer thicknesses for each segment of the network, RoadDoctor files for each segment of the network, and MPEG video files for each segment of the network. Figure 3. GPR Survey Vehicle. Figure 4. RoadDoctor Viewing Software. 20 City of Denton PMS Implementation Final Repot Page 6 Task 4. PMS Database Update ERES uploaded the results of the analysis of the semi-automated pavement distress survey into the PAVEMENTview database. This data included the distress types, severities, and extents picked off the video imaging, as well as the average IRI, rutting, and faulting values for each roadway segment in the database. Appendix A contains several charts describing the results of the condition survey. Task 5. PMS Software Customization and Twining ERES developed pavement performance models based on the pavement condition data collected in Task 2 and the layer thickness data collected in Task 3. This performance modeling used the pavement "family class" approach, where a "family class" is defined as a group of pavements with similar composition and use. The Pavement Condition Index (PCI) of every segment in the network was plotted against its "date of last resurfacing" to develop aDenton-specific deterioration model for each family class. These models were then stored in the PAVEMENTview Plus database for use in predicting the future performance of the network and triggering specific rehabilitation recommendations at the proper timing. Appendix B contains graphs of each of these models. With significant input from the City staff during the software customization meeting in November 2003, ERES developed the Maintenance, Repair and Rehabilitation (MRR) decision matrices and established the trigger levels that could be applied to the various pavement family classes based on the amount and type of distress present in the pavement segments. These MRR matrices and trigger levels were designed to reflect the City's current maintenance and rehabilitation practices. Appendix C graphically illustrates the MRR matrices and their trigger levels for asphalt and jointed concrete surfaces on urban arterial routes. In February 2004, ERES conducted a 3-day workshop to present the results of the pavement condition and GPR surveys and to familiarize the City staff with the PMS and RoadDoctor software. A comprehensive PAVEMENTview Plus Training Document was developed for this workshop and distributed to its attendees that can be used by the staff as a technical reference for adding and editing records and fields in the database, running budget simulations, and generating reports. Task 6. Work Plans ERES prepared several comprehensive 5-year work plans using the simulation capabilities of PAVEMENTview Plus. This software package allowed us to generate budgeting scenarios for the entire roadway network and for just the arterials and collectors in the network. We used a "best first" policy and the Network Priority Rating (NPR) calculation weighted at 55% on Overall Condition Index (OCI) and 45% on Functional Classification (FC). We developed work plans using the current annual 0&M budget of $2.1 million and placed restrictions on the total amount that could be spent in each of four MRR activities. We also ran these same work plans without restrictions to see how the software would select candidate projects. Finally, we generated work plans using several budget levels to determine what budget level would keep the network OCI at its present level of 69 and what budget level would raise the network OCI to 75. The results of these simulations are presented graphically in Appendix D. Task 7. Data Delivery ERES delivered the digital video images from the downward-looking line scanning camera, as well as the images from the forward-looking and right-of way cameras, to the City on two external 200 GB hard drives in February 2004. These images were linked as a separate layer to the City's ESRI GIS database using the Global Positioning System (GPS) coordinates tied to each image. ERES also delivered the RoadDoctor viewing software and license to the City in February 2004, along with the GPR data files and MPEG video files that were cross referenced to the PMS database route segments. In addition, ERES developed a comprehensive user's guide for PAVEMENTview Plus and provided several copies to the 21 City of Denton PMS Implementation Final Repot Page 7 City staff during a 3-day training workshop in February 2004. Finally, ERES delivered the Cartegraph PAVEMENTview and PAVEMENTview Plus databases to the City in July 2004 that contained the final route segment inventory, deterioration models, MRR decision matrices, and budget scenarios. 3. Recommendations ERES recommends the City aggressively maintain their new PMS database through semi-annual revisions of the activity unit costs, monthly input of new route segments and weekly updates of work performed throughout the network. The updates for work performed on each segment should be accomplished through "desktop" re-inspections of the segment that revise the extent and severity levels of distress types affected by the work. We also recommend the City explore the use of routine and preventative maintenance activities that can economically extend pavement life. For example, pavement preservation techniques such as the application of gilsonite-based seal coats immediately after construction of an asphalt overlay and then a reapplication every 3-4 years thereafter can potentially extend the life of an asphalt surface well beyond 15 years. Finally, we recommend the City retain ERES Consultants during the next 1 to 2 years, after the City has had an opportunity to work with the system and generate budget scenarios and reports, to assess how well the PMS is meeting the City's needs and to make adjustments, if necessary, to the decision matrices, trigger levels, and OCI and NPR calculations. 22 d A z w a a 0 ~ ~ ~ ~ O~~ ~ ~ ti ~ s q ~ ~ .N ~ o~ o 0 o ~ o a ~ o ~ ~ o ~s ~ c~ ° ~ ~ a `S's c o ,0 V o ~S' ~ o ~ ~ ° V N 0 0 ~ ~ ~ ° > o ~ N ° D~ a a 0 ~ o 0 0 o ~c~ 0 0 a 0 a a a s~ 0 0 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 0 ~ 0 0 0 0 0 0 0 o ~ o ~ o M N N ~ ~ s~uau~6as ~o aaqu~nN ~ ~ M 0 ~ ~ b4 ~ ~ a+ O 4~ ~ ~ O O ti ~ O 0 O ~ ~ ~ O Q ~ O O O O (fl N ~ o ~ ~ ~ ~ o ~ ~ as V ~ ~ V o V ~ ~ ~ a N ~ o 0 ~ ~ o .N ~ D ' 0 0 0 N O N O r O O O O O O O O O O O O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r s~uau~6as ~o aaqu~nN ~ ~ CI. 0 ~ ~ s~uau~6as ~o ~aqu~nN ~ ~ ~ ~ c°v °o 0 0 0 0 • N ~ ~ ~ 00 (fl ~ N O ~ ~ ~ ~ O ~ o- o O ~ (D ~ 0 ~ o- ~ o- O 4~ Q o- r ~ o_ ~ 0 O - 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i i i i i i i ~ O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r Ind 0 ~ i i i i i i i i i i O ~ ~ ~ ~ 4~~~ 4~ , ~ ti ti 0 U 0 V i i i i i i i i i i J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O c~ ~ I I I I I I I I I I L I I I I I I I I I I N N V i i i i i i i i i i ~ ~ ~ Q c~ L i i i i i i i i i i ~ i i i i i i i i i i O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N V i i i i i i i i i i 0 i i i i i i i i i i V i i i i i i i i i i ~ ~ p ~ ~ 0 V o i i i i i i i i i i i i i i ~ O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r Ind O O O ~ ~ O 4~ i i i i i i i i i i ti 0 Q i i i i i i i i i N U i i i i i i i i i i ~ i i i i i i i i i i O ~ i i i i i i i i i N v L I I I I I I I I I I J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ as 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q m 0 ~ ~ ~I ~I ~I ~I ~I ~I ~I ~I ~I V c~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O s ~ O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r Ind ~ ~ ti 0 p ti ~ ~ i i i i i i i i i i N 4~ , ~ ti i i i i i i i i i i N 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ V i i i i i i i i i i ~ J i i i i i i i i i ~ 04 _ it it it it it it it it it it ~ t~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ o s ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 O O o0 f` tD ~ ~ c~ N ~ r Ind .0 0 ~ ~ 4~ ~ ~ 4~ i i i i i i i i i i ti ti i i i i i i i i i i O ~ ~ 0 U i i i i i i i i i i lt') ~ o 0 c~ ~ ~ V i i i i i i i i i i N J L ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~ c~ o i i i i i i i i i i i N V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ 0 V ~ ~ ~ ~O i i i i i i i i i i 7 O ~ O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r Ind U yC A o z w a. a ~ ~ N o U i i i i i i i O ~ ~ ~ ~ i i i i i i i 4~ i i i i i i i ti ~ i i i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i i i Q it it it N it it it it N i i i ~ i i i i N ~ U i i L ~ i~ i--, i i i ~ > i~ i i O i O i i i i N i i ~ i i i i i O ~ i i i i i O N ~ ~ U C i i i i i i N ~ i U i ~ ~ i i i i i i ~ ~ ~ ~ ~ Z ~ ~ ~ ~ ~ ~ ~ i (6 i ~ i i i i i i L i N i ~ i i i i i i i ~C i I6 i i i i i i ~ U i ~ i i i i i i Q I ~ L L I I I I I I ~ it V it ~ _ it it it it it it ~ d ~ i V i ~ i i i i i i i r~ i (6 i i i i i i i i ~ r--~ ~ i~ _ i i i i i i i Q ~ _ ~ N ~ ~ ~ ~ ~ ~ ~ N C i i0 i i i i i i i ~ O i ~ liZ i i i i i i i V ~ L ~o ~ ~ ~ ~ ~ ~ ~ Z i ~ i0 i i i i i i i i p i i i i i i i i i i O s Q _ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O O O O O O O O o0 f` tD ~ ~ c~ N ~ r Ind ~ ~ M o U 4~ i i ~ i i i i i i i ~ i i i i i ~ ~ i i ~ i i i ~ i ~ i i i ~ i i i ~ ~ i i i O ~ i i ~ . ~ i ~ ~ N li li I ~ 0 i i ~ _ i,~ O ~ i i i ~ Z O ~ ~ ~ ~ ~ ~ d ~ ~O Q O N ~ ~ q ~ ~ ~ ~ 'Z = ~ ~ ~ ~ ~ i i ~ ~ i0 i i i i i i i i i i C~ i~ i i i i U it it ~ ~ it it it it it ~ i ~ i N i i i i i i ~ i C~ i i i i i i i O O i .O f6 i i i i i i ~ Z i t6 ~ i i i i i i N ~ = O~ ~ N ~ ~ ~ ~ ~ ~ ~ i N ~ i i i i i i i ~ i1 i i i i i i i i O _ i Ia i i i i i i i i c~ ~ U ~ i ~ i i i i i i i i N ~ i O i i i i i i i i i N i i i i i i i i ~ ~ ~ (a i i i i i i i i ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ i ~ i i i i i i i i Q ~ V ~ i - i i i i i i i i O ~ i ~ i i i i i i i i N ~ ~ ~ ~ ~ ~ ~ ~ ~ O O i i i i i i i i (f~ Z i C i i i i i i i ~ O ~ ~ ~ ~ I I I I I I I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ 7 i i i i i i i i i O o 0 0 0 0 0 0 0 0 0 0 0 O 07 00 ~ ~ ~ ~ N ~ Ind A A z w a a o ~q ~ ~ ~ ~ ~ ~ ~ ~ ~ ti 0 q ~ 0 U N ~ ~ J m N ~ ~ ~ L L v a 0 a~ i Q 0 N Z s V 3 0 0 0 0 0 0 0 0 0 0 0 0 O O o0 f` tD ~ ~ c~ N ~ r I~0 ~aonn}aN o ~q o o~.o =o= o~~ ~ ~ N ti 0 Q U N J ~ ~ m N 0 c~ V ~ 0 L N ~ ~ ~ ~ ~ ~ i ~ a Q L ~ a ~ N i V 0 V ~ - c~ s V 0 °o o°~ a°o ~ ~ ~ I~0 ~aonn}aN m I 901-A Texas Street Denton, TX 76201 (940) 349-8452 Fax (940) 349-7334 emoran um To: Jim Coulter Acting Director of Engineering From: Tim Fisher Assistant Director of Water Utilities Date: February 28, 2005 Re: Pavement Focus Group Status Report The City of Denton assembled a Pavement Focus Group to make recommendations to City Council related to use of asphalt pavement verses concrete pavement on city funded street projects. The Pavement Focus Group was comprised of various members of the Denton professional community that had historical experience with pavement design and construction. The Pavement Focus Group included engineering consultants, representatives from both the asphalt and concrete industry and TXDOT. The Pavement Focus Group's meetings were coordinated by an engineering consultant hired by the city to be the project facilitator (Michael Stacey, P.E., Freeman-Millican, Inc.). Selected city engineering and street maintenance staff also provided input and factual information related to their experiences with pavement per ormance in Denton. The mission statement of the focus group was: Evaluate equivalent pavement life designs in the utilization for rigid (i.e. concrete) or flexible (i.e. asphalt) pavement systems and the resulting life cycle. The Pavement Focus Group held four meetings and a summary report prepared by the city's facilitator is enclosed. During the course of the Pavement Focus Group's meetings, many issues were identified and discussed related to pavement design methods, factors that influence pavement life, and what constitutes good design and construction practice. The Pavement Focus Group was able to achieve a consensus on many of the issues raised, but differences in each participant's individual experience and background also resulted in differences in opinion on how a particular issue should be managed. Key issues that were identified where general consensus was achieved were: 47 JL~XIIIUIL 7 • City streets, including arterials should be able to be constructed with either concrete or asphalt. Current design requirements contained in the city's Transportation Criteria manual do not allow asphalt pavements for primary and secondary arterials. • The current street construction design standards have minimum pavement thickness for both asphalt and concrete pavements that have not been identified to satisfy a specific design method or design criteria. • It is very likely that these design standards do not result in an equivalent design between concrete and asphalt (i.e. concrete thickness plus one inch is not a design equivalent pavement section for asphalt). • Pavement design criteria should be established and documented for both rigid and flexible pavements using recognized standards and methods. • Pavement design should be based upon methods published by the American Association of State Highway and Transportation Officials (AASHTO). AASHTO has established pavement designs for both rigid and flexible pavements and unlike other design standards, is not specifically aligned to the concrete or asphalt industries. • Proposed pavement design life and traffic loads would be based upon: A forty-year design period. NCTCOG street capacity (Level of Service D) based upon street type (i.e. residential, collector or arterial) and pavement lane. Truck traffic of l o% of all vehicle trips. • Subgrade conditions would be based upon: 8-inch stabilization using lime or cement depending upon soil conditions. It was recognized by the Pavement Focus Group that this design criteria was conservative, especially for residential streets. This could result in pavement thicknesses that are higher in initial cost than current design criteria. However, they would likely lower life cycle costs since higher initial construction costs would be offset to a much greater degree by a longer pavement life and replacement cycle. The next step in the process was for the city to request a proposal from the project facilitator to calculate the pavement thickness using the proposed design criteria and methods. Based upon the calculated pavement thickness, the Pavement Focus Group and city staff would discuss possible modifications to the design criteria and the impact it would have on final pavement design recommendations for city funded street construction projects. It was recognized that these modifications were more likely to be in the areas of traffic trips and percent trucks for residential streets. It was not anticipated that these recommendations would result in immediate changes to the Transportation Design Criteria that would affect the development community. However, if the City Council wanted to increase development design standards to be consistent with the city's capital construction standards, this could be done at any time in the future at Council's direction. During the course of the meetings, several issues were repetitively discussed that were also of critical importance to successful pavement design and pavement life. These included: 48 • Subsurface sub grade conditions. • Drainage of surface and subsurface water. • Trees and vegetation adj acent to pavements. ~ Utility trenches, pavement cuts and trench backfill placement methods. • Construction inspection and testing. • Proper pavement maintenance programs. These issues are also critical to successful pavement performance and design life. It was suggested that these areas be considered as important next steps in the overall process to improve pavement performance for street projects. It was agreed that the Pavement Focus Group should concentrate their efforts on the pavement design criteria first. It is recommended that other focus groups should be established to address these three major topics in the future: • Sub grade stabilization, compaction and drainage. ~ Utility trenches, pavement cuts and trench backfill placement methods. • Construction inspection and testing. As these other areas are considered, it is expected that the initial cost of construction will increase with a corresponding increase in pavement life and a reduction in annual life cycle cost. The challenge will be to make recommendations that result in the lowest annual life cycle costs that achieve the optimum balance between where these investments of public funds are directed. Cc: Howard Martin 49 i i i REPORT OF FINDINGS TO CITY OF DENTON, TEXAS FOR PAVEMENT FOCUS GROUP r- ~FixEemnn - fTliuicnn, Inc. ~1~ ` on~~ns, reins as NOVEMBER 2004 50 Exhibit 10 1 k i J E RE~OR`f ~F ~~IN D~~'~N, TEA. I~~Dt~c~'~~~ ~n e springy of 2aa~, the eit~ ~entan~ assembled a Pavement Focus gaup co~n~rised of various members of the Denton ~rofesina~ co~nun~ty h~.v~n nov~~ede of street ~ road pavement des~n and oanstct~on. ~`he focus xoup met on fain occas~o at the ~t~ of I3enta~. Eninerxn ~f~ce. ~`he n~eet~.g~ mere held an larch ~4, April ~ , ~pri~ and I~a~ ~0, ~~a4. the focus group consists of the dive rnenabers v,~ith ~ fac~lxtator: gaup embers Lee Allison, Isbell engineering B heels ~aga~~ub~ic Asphalt Gene N~axter, ancrete specialist Keith Nabors, ~~T ~fce nary vic~ery, ~'eaguc Nail & Jerkins Facilitator Michael . Stacey, Freean~i.~iican, Inc. Son~.e of t~.e raup na.ernbers mere unable to ~te~ad a~~ four n~eet~ngs because of scheduling con..ict~ City staff as ei~ as other members of the professional co~x.u~ity attended ~neetins~ Lists of ~ee~n attendees are iciuded in this report II~~ ~'A~'~~N~~' The rnYSSion statement the faces group vas to "evaluate equivaie~at pavement fife desxs i~ ~e u~iation. for rigid or ~.e~ible pa~en~eut syste~.s and the result~g life cycle". `his mission statement was developed the eels before the ia~ faces xoup meeting by cx BA.~0~ Asphalt sheets have been historically used . the city although concrete s~eets are ~.a being used some areas of the clt and are cu~.tly refixed for near arteriaals, l~ccordin to city staff anal focus group n~e~.bers, both pa~cme~t syte.s b,ave had success a eh as failure the city, ~'he ou.em paions of e cif are apparently located on the sandier oodb~ne ~o.at~o~ whereas the nohern areas a~~e sinifica~at 511 I amounts of piati~ clays. It ~ .derstaod that city his con~pieted ~I ratings far tie streets CANT ZT~ ~A.~VT ~~.ENI~~T f The rn~n%naun~ re~u~red canc~ete ~~gid~ d asphalt ~fiexibi} pavement sec~.os are listed on Table ~ -A-, street Pavement Th~cl~ness of ~e Tranportatxon criteria a~.ua~. cagy of e table is included this repart~ It ~s understood that this table bas only been effect for couple of years and that concerns have been recently raised about the e~~iva~ency of the required n~inin~u~. concrete and asphalt sectic~~.s. ]~eveloper~ are required to meet e ~u~ thickness requ~xed by the table, The city daps nat rewire a traf.c count, subsurface investigation or pavement design dung e ~ street design process. U~Y ~F ~~~ll' I~~I~ ~u~`ll~~ the four meetings, the focus ou discussed ~e ~a~ious factors that affect lon term paven~.nt performance and possible remedies to improve street performance Benton. ~te.s that affect pavcnaent life include A. Txafi.c loads and design pavement life The grain discussed an appropriate pavement design life for the city. A~thaugki typical pavement design is far twenty years, the city staff indicated it mould prefer a longer pavement design lie of Forty years. The city staff had prepared ~ spreadsheet entitled "Design Fife Impact on Replacement Progxarn hosts" v~hich compared the design life verses a~ual rep~acernent cast. The forty year I~fe . corresponds to an annual ~replacen~ent cost of ppro~iate~y ~.5 n~xXlion dollars, Replrnent is defined as ccnapletcly replacing an existing s~xeet ~ pavement section with an entirely nevi pavement section. Resurfacing of a pave~o.cnt is considered maintenance of a~. existing pavement. The pavement design fe is actua~,iy not used on e number of years i service, whether that i 1 a~ 20 or 4~ years. A pavement design fife is actually the number of vehicular loads it can carry before it fads. Pavement designers convert the nur~,ber of axles that a pavement system can carry into a time frame of years rhich is easily understood by everyone. ~o~evr, the future nun~her of vehicles and .e anticipated loads of these vehicles can be hig.y ~ecuiat~.ve, The percentage of trucl~ ~raic, which b.as a much greater effect on pavements than automo~~es, nay vary greatly through the years. If an axes of the city does not develop as anticipated, then the streets ~n the area may have an extended life well f 522 i i ~ . . ~ . ~ faster rate, one of the primary causes of pavement f~,~ure ~s ~ntroductxon of mater ~nta the subgrade, subbase ~ base of a paveent, a j Trees and vegeta~.on add aceaat to pavements ~ 'Trees and other significant vegetatxan located near pavement sections can cause pavement damage or distress, hallo fee roots can result in pavement uplift and e~pans~ve sail shr~.nkage dom. trees rovi~.g subgrade n~oistu~•e can result in pavveent settle.ent, The focus group did not reach any consensus about the ~ placement aftrees along roadv~ays. ~Jti~ity crossings and FiIZ Flceent properly compacted utility trench back.ll is a p~m~ cause of localise pavement fa~lure• Improperly paced general embankment #~II can result • • set~en~ent anal possible ~a~iuro of large sections of paverner~t, The focus group agreed that all earth work should be properly compacted to ensure long tern pavement stability. Cr. or~str~.ction Inspection and Testing ~ The ro er ins ection and testin of aven~ents uncle c ~ . . p p p p r onstruct~on ~s cr~~.ca1 to ion. tern pa~vem,ut perfar~nance. The city currently requires street inspection and testing as Deli a two year performance bands an their streets. The focus gaup and city staff discussed the cu~~rent iu~sp~ction system. and the need to maintain a suf~.cxent number of city inspectors. Also discussed eras e issue of I ~rhom the testing laboratory works for durin the ins ectian and test~n rocess. ~ g p p Apparently .e laboratories ark for the city on city constructed streets and for the contractor an p~vate development construction. The focus grain did not ~ reach a ~ , . consensus on the level of mspect~on and testing needed for a par~cu~ar pray ect. ~vn~ent ll~a~~.tenance ~rarana. ~ ~ pavement sections require maintenance during the design life. For concrete, this includes crack anal joint sealing, For asphalt, it Includes crack sealing, .cling and overlays. The city has an on going pavement n~aintenan ragran~ but the details ofthi program mere not discussed during the rneeti~s~ ~~f,~~~N ~s det~.led above, the faces group .scussed many of tl~e factors that affect the fang term ~ performance of pavement systems. The group concluded that both asphalt and concrete ~ pave,ents are acceptable far use ~n the city. The group also concluded that the cunent 54~ 4 I ti ~ ~~.nina~n a~ee~t concrete aid as haft a~ern . ~ ~ p eat sect~o~ ire nod e~~~~a1e~t and ghat revised p~~en~ents ectro~~ s~o.d be co~ide~~ed. S i aspects a~ the p~.ve~ne~~ design, constr~ict~o~, a~.d .aatenance are c~it~cai to the long 1 ~e.n snccess the pavement system, The focus groin agreed that the cif should n~~intain an aggressive .spect~on and m~.ntenar~ce ~roxan~, k i 1 Pro~vxdxng pavenae.t sections capable of suppoir~ the vehicle load appiica.ons eq~ivale~.t to forty dear li~`e probably result an increased depth concrete and asphalt section, ~ a result, ~ni.al capital pave.ent costs be co~i~erabiy .gher ~hau peen the past. i I i i i I f f I t I 55 ~ f 1 1 i 1 ~ FOCUS GROUP MEETING AGENDA AND NOTES 1 i I l f 566 i i I } k t 3 ADDITIONAL NOTES AND HANDOUTS l I 4 1 577 Y 1F 1 1fA1Ja.J~11' V ~tiJlll ~ ~~,{~~.,J 4 r I I i I E 1 i r 1 58 3 is PAVEMENT FOCUS GROUP MARCH 24, 2004 i ~ MISSION Evaluate equivalent pavement life designs in the utilization of rigid or flexible pavement systems and the resulting life cycle costs. AGENDA TOPICS i Current Design Criteria Recent Street Analysis And Findings Road Design Philosophy And Practice Next Meeting Date PARTICIPANTS Lee Allison, P.E. with Isbell Engineering Bill Cheek with Jago-Public Asphalt Gene Marter. Concrete specialist Keith Nabors, TXDOT Area Once Gary Vickery, P.E. with Teague Nall & Perkins in Denton ' FACILITATOR i ~ Michael Stacey, P.E., Freeman Millican, Inc. I 59 i ry ~ ~e~eiopers are re~qutred to meet the thickness required. b~ e tah~e, ~'he cxty i ,dons not requ~e a ~c cau~t, subsurface ~n~estig#ian ar pa~ve.en~ ~ig~ dur~n the street es~gn process, 1~spht struts have been historically used ~ the city .though concrete streets axe nom ~ being used in some areas ~of the city, both pavement syste~n~ have had success . well as ~ failure the city, 'ph southern portxan cf the city are pare~.tly located an the sandier oodi~.e For.ati~n v~hereas the nor~he~a areas have signihcant clays. ~t is understood that the city is ~n the process of ratxnng the streets and that a database of sheet criteria is nearly complete. Qther Ta~ics Discussed ' ~ Frailer pavement design, quality of construction and level ~f m..nteriar~.ce greatly ~ . affect the overall life of the pa~en~ent. • ~txlity line back~ll performance a~.d the presence of gra~ndv~a#er are also factors long tee pavement perfar.ance, ' • A ~'DD~ task farce has recently co.pleted local study of ~eibi pavement performance. • Current asphalt m designs have improved flexible pave.ent performance according to '~'Ap~. • a~ernent life excess of 25 gears ~ 4 , Future ~~scuss~ons ~'he next faces group meeting mill be tentatively held on Tednesday ~.pril ~ 20D~4, Topics to be discussed include: • 'hat are eq~vale~t xid anal £lexxhle pavement systems? . • ~.t design life does e city want to obtain fcr paven~e~~ systems? ~ Does the city need to utilise a site specific pavement design far each project? • fiat level of constracdan inspection is needed to ensure duality work? + 'ghat level of maintenance i pract~.cai far long term pav~~.ent n~a~r~tena~ce'~ r 3 i k 61 f i C ~ _ ~ iien# ~2~ge of ~~n~u~~~~~ ~r~iw~~~s Proj~~t Titi~ ~rvj~t Na. j , ~ ~ ~ ~~~Q ~Q~~ ~ # ~~J~+~ 1~~~~C~ r - ~ 1 r l f 1 „ I 1 i. - ' r t - ~ 1~ ~ i I I ~ i ' ~ I ! _ _ I _ R _ ~ ~ , ' = i.~ . 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I ? ~ i I r 1 r : - - } i ; ~ . . - : , I r , .s.., r . ~ F. i + ~ - ` ~ ~F , f , I j . ! ' . I i , I _ - ~ , E~-~ l I 1 I I I ~ , .k k i c ' I I i ' ~ i 1 f ..,,_,I. ~ , , , ~ j E a . ~ . . . .r ' I I q + i ~ ~ ; t E 1 ~ y ~ ' , , 1 I s , 1 _ r ' I ~ ~ i j S~ I I; i I ' i 3 ~ t~__ nk I i - _ , - ~ r ~ - _ i. - - y r , ~ , ' , i ~ . ~i I - - ~ r , f 1 _ _ _ i~ t ~ ! f I I 3 ~ ~ ~ I ~ i ~ I ! - - - - r t_ J _ I i ~ lr.~~~... - - - I. { ~t- I i i i I ; ~ i ~ i ~ j i } 1 yr I 3 I • - -k --I - ! ' I i 1 i „ i,...,..'~.,-,.,..... f ' . 'r . ~ W _ _.T._..1._ - - ~ _ t - - E i [ I r - _ _ 1 , ,..m_..,.,., _ ~ i 1 r ~ ~ I ~ ~ I 1 , .i. .~Is...# . . ~ i,..,r. ~ } ; I , „ r ~ ~ i ~ ~ 1 ti f Section ~ urrnraru ~ nr~ ■aYrrh r. arrr■ r 4h hurry ■panrraarrrnraraaf an r. rraua Y•• ~ ■n~ YIq rhrrru rru ■ar ■ar as ~ Y•rrr arrr rr■ arnsarrr raaa rr■Y ranrr ~r ar»uasaa napti••.r.rr ■ur~ u ~ rr err of ~ra■ n n nRharrw rr r.r■ nu roan r■ ar r.+h..rrnr n ~r~I]3pOT~t1~I~ CTYt~I~~ ~iIA~ Ta~ie I-fi A~2, Re~~iremer~ts for Temporary Tum-Araunds ~ .t~ Residentlai 4~ fee# ~ inches 2 Ir~clze Other 4 feet t ~ inches 5 inches ~ • A ~i-inch Mme treated subg~ade is req~ed under tcm~arazy tub-arou~ds. Table I-~-A 3 Street pavement Thickness ~ k ~r 1 i ~ } I A11@~ I~~A ~'"l~$"~ ~~A flag Drive 3 '11" pavers aver 2" asphalt ~ t~8~ pavers over °asphalt ~ Res#denba~ Lane or 4~ reinforced concrete liesidential street G" 3 ~~p pavers over 5" asphalt or 4° reinforced concrete l~uralluburbar~ Strut 3 'IIB~ fivers over asphalt or 4" reinforced ooncrete. you rd ~#reet ~ 3 ~ ~"pavers aver asphalt or 4" reinforced concrete ~ 118 pavers over 4" asph. Cul de Sac 7°Rl~"C G"Rl7'"~ " asph. C or 5" canc. ~ !6" cone, C Residentlai Avenue gp ~ 3 pavers aver 5" asphalt or concrete ~ Main #reet Mixed Use ~IB~ pavers over ~a asphalt Coiiector or concrete ~arnmercial Mixed Use 3 ~ ISA havers over G" asphalt ~oliector ar concrete ~evar~dary Arterial N1A ~ 3 ~~8"pavers aver asphalt or concrete. Prima Arte~al NfA ~ 3 ~ ISM pavers avert 0„ j ~ asphalt or concrete s ~ ~ R,esidentxai, C = T~~an R~s~dential + ~ll sections r~gai~e e or concrete s~bsli~ation based on the ~~asticity ~dex of t~a~ said based on } actual testing, not assumed values. • oncre sections require ~e~nfozcernent in accordance with the ~ a~ x]entoa ~andard ~cta.~l Sheets ' • for collector streets and ~azger, pavers mar any be used ~ ~,te~rsections, cxoss walks, and parking },!{L Y sr 15 ~ 63 i t. ~ ~ + ` ~ 1 S FAVEENT F~ C~~O AP~~ ~ 5, ~a E~~~~, } 7 The ~avemont Focus group naet for tae second tine ors Apra. ~ The Focus group consists of the ~~e members with a fac~~itator. .I ~ rou embers . Lee Al~~son, F,E., ~sbe~. En~neexi~ Bill hee1~ Jago-Public Asphalt gene darter, concrete pec~al~st ~.e~th Nabors, Area ~ face ~ nary v~ckery, Teague Nail Perkins Facilitatoar chael T~. Macey, P.E., Freeman ll~illica~~, inc. ll~ir. darter was u~ab~e to attend the meeting but had ll~r. Dennis barren, Teas concrete ~ Pavrnent Assoc~at~on attend his pace, .A list of meeting attendees ~s attached to these ~ ~ notes, ose The purpose the second meeting vas to discuss ~ detail several topics brought up . the initial meeting. Tlr~se topics incfuded pavement design and deign life, site specific r . • . . pavement des~n or genes des~gna for typical site condi~.ons, Cantruc~on ~npec~~on and ~eve1 of maintenance requ~re~nents, As reinder~ the n~is~on state~.cnt for this focus } group is "evaluate equivalent pavement li'e designs the ut~~zation, for rigid or f~e.ble pavement ~y~tems and the resulting fife c~c1e='. eetin Ta ics ~te~ns discussed at this meeting ~inelude: - design ~ 2~-year pavement ~i~`e design ~s typical but not rea~ist~c~ Favem~nts are actually ~ ~e xn dace for much ion er ~.ods of tune. The ear value Ana be moxe ~ ~ ~ ~ related to pave~meaut bond funding and providing designers with an anticipated number ~f axle load applications. one meeting attendee suggested a pavement life in excess of fa oar ears. f ~ ~ . * A spec~c pavement section is good for a cea.~n nt~m~er of single axle load appijca~.ons. one heavy truck does considerable more ~vax and tear than. several oaxs, 64 l f ~ ~ ~ ` ~ t ~ i ~ o ~ , s i.n ~ M ~ ~ ~ ~ z ~ ~ tom, ~ ` o d.. ~ ~ o - ~ ~ l ~ Q z W ` w ~ ~ ' ` O 4~ O y y y Q ~ ~ ~ ~ ~ ~ T o~~T Z ~ ~ 1 z" a W~ 4 U~j' q W ~ ~ l i ~r 3 ~ ~ ~ ~ i~ q i ~ ~ d ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ v C~ r.- z 66 1 l 4 i r i 3 i ~ETIN AGENDA PAEENT ~U I~~~ ~ APRIL 9, 204 DENTIN, TEA i S r INE~D~I~TI~N ` ~~E~I~t~ MEETING NOTE APRIL I ~~4 I~EET~N 1 N~'I'E } ~ A~DDITI~NAL O~ENT QTY ~ DENTC~N TRAN~~~TATI~ ~ITEI~IA 11~A~I~AL ~ RETIE TABLE I-I-A-~ TWEET PA~ENIENT T~III~NE ~ RE~II~N TO TABLE I~I-A- T.~EET PAVE SENT TI~I~E 7 FINAL ~EPDT T~ CITY ` PREPARE Dt~TLINE F~,A.~, REPORT TD CITY D~~JI~N FINAL EP~T T~PI DICI~I~N ~`INAL REPORT TEI~ELINE FINAL ~ETIN NEST ~ET~N DATE 1 a 1 f I ~ 67 4 4 1 N ~ Uq ~ ~ er-~ i { i z ~ ~ ~ ~ ~ y ~ t~ W N ~ l' ~ w zVa z ~ ~ ~ n` W ~j W ~ W ~ ~ ~ ~'C` U l ~ , ~ h W ~ ~ ~ I ~ v ~ ~ ~ J ~ ~ ~,I ~ 3 ~ ~ ~ , ~ W ~ ~ ~ ~ r Z 68 1 i ti ~ ~~T'CN, A ~TRO~~JC~~G~ ' ~ l~ ~~~x epa~a~e ~~.~~~er~~ el~ess ta~~e v~i~li#ho~.~ ea~~oh~ieal s~ud~ ~~e speei~,e rein as ~ernati~e C~t~ s~~o ~rov~~.e sheet e~a~~~caor~s RE~E' UB~'ED EMAIL A'ACMEN' ~ Gene ~ Memo Cheek con~nts d a~ace~.t A~I~IT~~NAL C~MM~1~~" ~N ~~EVIO~IS I~IC~T~C} ? DIC~JI~~ ~E CZ'~Y CF DE'I`C CLAI~xC,A~'~ 1 D~C~~~1~ ~E ~,A~IEME~T ~C~E ~°A~LE Lr~ rLn~E ~~vA~ E~o~~ CI'TY~ ~ ~A~ ~~C~~o~ ~~zC '1 I s 1 I 69 1 i f r ~ ~ t~.. {y L h ~ o N ~ ~O ~O \ C}-~ ~ r1 i ~ ~ i ~ ~ ~ ~ ~ 1 o ~ ~ ~ ~ ~ ~ a ~ c~ ~ ~ N c~ Z I W W l s o°~ c ~ooa N V ~ o~~~ Z ~ ~ a z V Z ~ 4 W ~ ~ u~i D , Q u~i I ~ ~ ~ a ~ - = s ~ r.. ~ r Z ~ i i4 70 1 i l 1 DITiONAL NOTES AND HANDOUTS 1 l l ~1 i VIILIi ~Vr,/ 1 Ir11iiV! 1 ■Ly~ i 4i■ •.Ilfiti.rlra r vvMV +.•r w+.Krv - . Prom: gene ll~arter gcr~ar#er adirecway.com To: 'harle Fiedler' Dharles.Fiediercityofdenton.com Date; IDa4 ~ 0: ~G: ~ ~ Ail ub~e FEE: Pavernen# l=ocus Group Charles: l am unable to attend this meeting. Thanks for the minutes of your initial meeting. I sent them #o the Texas Concrete Pavement Association executive Director, Dennis V~arren, PE, You may receive communications from hire or his designee. These comments may be helpful. s ~ gene ~Ilartert represents ementitious Materials Consultant, lnc. which is a litter differen# fan concrete ~pec~alist. Ready mix concrete trunk drivers and f nisher are called concrete specialists. I ve ent deli n 11~~ssion statement' There are numerous I~fe cycle concrete pa m g software programs. The'"ev2~luation'" of the equivalent pavement designs is sign~fcantly influenced by the assurnptians used in the analysis, Thy user, therefore, can conclude that Portland cement cancr~#e paven~en#s are superior or inferior to bituminous concrete pavements depending an the assumptions used in the forrr~ulas. Your m~ssivn statement may be an effort to reinvent an existing wheel. You might consider developing a coinsensus an the important assumptions and then adopting one of several pavement design life cycle prag ram s Minimum thickness validation y The minimum thickness i not usually determined until long after the pavement has been constructed. This parameter should be validated and the results used for final payment of the system . Utility backfill - Regardless of the pavement type, trench back#iil is a nagging problem. The solution is to require ~`cor~trolled density"' fill in all utility trenches an all city related pavement projects. ~ansider making the TxDOT local study of flexible pavemen# available to your "group" members. l wvuid be interested in the conclusions and recommendations. Pavement life in excess of ~ years ~ Are these calendar years or EAt. yearn Are these residential, primary, secondary yr inters#ate pavements? Future Discussions 1f our'"Droop" can determEne whet is equivalent, we will have accomplished something that no one else has accomplished since the invention of the automobile, This is a softy goal onstruct~vn inspection and project spec~t~catior~ are crucial to constructing quality concrete pavements ~partiand ar bituminous]. a Properly specified and constructed municipal p:c. concrete pavements do not require meaningful maintenance. 72 i avr~~ F~~ ~r~~~ ~ ~ m~r~d ~ r~t~~ i ~ . ~trea~ Types: ~e~dent~a~ ~~n~~r~e ~4~~~ys} t ~oE~ec~or ~on~mar~ia~~ . Ar~e~~~~ P~ir~a and econ - ~ d~ s ~ 2. ~T ~ ~T~ p~c~~ Y es~den~~a~ ~ ~ , ~,5~0 A~T~2 Lang ~~~~°I~~ «e~~or~ ~~,~~4 A~T1~ Laney ~14~°1Q . ~ } Ar#er~~~ ~ 4~,D40 ~TIS Laney 01~~~~°~a ~ ~ . ~ 1 ~ 1! ~ Y' a Pereen~Tr~es~ ~ ~~1~ ~~~r all s~~e~~ types E 4. Deign L~f~; 44 years ~~~r a1~ street t~rpes} 1 ~b~a~e: ~ " ~~~~~izatt~n ~L~me o~ emend ~1~ de ~nd~n u vn P ~ p .1.~ 4 ~ ~ ~ ~ Design eth~d , AA~T~ ~ ~ ~ ~ ~ - - 73 i ~ Section ~ i!l...M...~....iY.iiMi!liMilMFlii Viii!■M!itMlfailNXxMflfifMN\NMiiYMMYiN!!!i!<iM~lfilM.M...l....M....YifliflliiMiMMilitNiliflN~FIMF.I.aMiriM~fi{itiiiiYMilif\Mili !lifl~lliiMlhfilf!!flNliMlM~i.fYY~ Tranrt~t~an ~r~.~9ria l~fa~ual F Ta~ie 1-~~, Requireme for Temporary turn-Ara~~s. ' ' X .i Res~den~ial 40 feet B itrd~e~- ~ ;ir~he~ } ~ i ~ ~ ~ ~ • i ; ! ..i .,.y.y,.r..........,~..._.__.~........... ~t~ei f ~ ~~r ~J I~.~S ! i , ~ ! F `y i ~ i i 5.~, Wr..w~.t.r.au.4a4`.a. L.~.~..........~..~+.~_......~wlr._-....~.=.T.~.~h~.1..w.aa.I.a~.~~...w.w_~.ar.~. ~ A ~rinr~ lie tce~ted sohgra~~ ~s reed ~d~c t~m~~~xy #a~ous. 1 Ta[ ~-1 A~ Street PaVBlnent TC~idvtess ~ i ~ ~~~y ~ 1~11~ ~i~ ~ #~11~1 i i ~ i i i i ~ ~ Dnve ~ pavers over ~5pira~k ~ ~ i ~ , ~ , , ~..,..,F , = 31 f$" payers pear 5'~spkr~i# i~~ider~tial Lane i i ~ ; or rr3tr~fod t~ru~e~a ~ ~ i * ~ ~ ~ ,......,.r. ~-__.__..~..'.Y_--~-..._.a..........,.._.,. - ; 3 ~~8". pave av~F 5" aspi~~t Resident}ai t~ee't or 4° rei~~Or~ed oo~crete i _ : i _ . 3---+ ; 3 ~1~".p~~rs.aver asp i~ural~uburben ~ ~ ~~r CQrttt8~ i ~ ; i ~ ....k...............,,...,,r..._._...,..,.,.._~.,.~....._..a....~._._._,~ ..._.~.~.._.._..~......,..,._.,r.~_. ~ ~1v~~S 4vel` ~ SSp~~ Co~rtya~i t ~ ~ - ~ ~ , ~F rced~canare~e. ~ i i i i ~ • ~ r...,....,~.~.._ .............~.W..Y___._...,_..~_~........._._..~.~...,....~._w p~~ar~ over." asps, ~R ! ~ ~ , i ' 1`~ h: of 5" conc. R 1~" ; 1 ~ • ~ M 1 ~r~r ~pha~t Residential !4►renue ~ . . - ~ ~ - - , ~^~•--~`++rya.r...r..........~~i..ra....r..4 . ._.r..aa.•...-~ _i._.._....ar..a..««w~- ~r..a.r.r.Jl..f.. ~ ll~~n Street mixed Use ~ 8' 3 ~1~' pavers o~e~ ' a~aitia~t . , ~~o~~eic€ar w ~ , J ~ ._.,..........,.,,..r.,~ . • ! ~ mn~~ciat ~Aixer3 Use i : pavers over ~ G" asp~lt Co~ector ; or ~orite y 1 • ~ 4 ~..ar............h.w.'~r~ ' ~ ~ ~ ~ ~$"'pavars oveC esp~a~ ; Sect~r~dary Artel ~ ; or oanr~e~a_ * primary ~irteria~ NfA ~ E ~ 9f8"~ p~~rers.ov~r ~l~ asps o~ 0o~1~~a ~ ~ Res C ~ 1~nn Res~ent~l d~,t • All ~ectiams Mme ~ ~onct s~aion fed o~ tie plastic Wider o~ #~e sod used. an ~ best not assumed v~aes. • Co~c~cete secctia~s use are~z~t ~n ac~ada~ace with ~e i]~tan ta~da~d ~e Ire W i ~ c~~e~rnr stxeets ~ ~axs mad o be used ~ ~terseotions, c~toss ~al~s, ead p bad. ~ ~S 74 l ~i I 1 l ~e~ r~ ~ act o ~ ~r~~ r rr ~ ~'ota~ Number of i~ar~e Mies i~ den#on - f current Number of L,a~e ~i~e Reconstructed Each ~isca~ Year * ~ current Number of Lane ~~le Resurfaced Each F~ca~ Year - ~ ~ Estimated host ~o Reccns~ruc~ rye Lane ~~~e of Pavement - ~a~,~~0 Deign Life in Yeas °lo Annual Replcemen~ Required ~.ane 1Vlile~ Annual Repicet~en~ Cyst i ~4 5.aa°lo fi.~D ~ 3,~ i.a,aa~a ~ ~,aa°lo ~~.~48 ~a,~4~~,aV~ i 3a 3.33°l0 43.73 $ S,~~B,~~T ~ ~a ~,~a°~a 3.~0 s,a~o,oaa ~a ~.ao~~~ ~s,~~ ~ a,~4~,aao ~.a~°~~ z3.a~ ~,~~a,~a ~ ~o ~ .a~°~~ .a~ a,3~3,333 ~ s~ ~ ~a.~a a~,a3~,~~3 t 75 '1.33°l0 ~ 7,49 3 f4~$~V~'I 8a ~1.15~a ~ G.4~ 3,$a,4a0 85 ~.~~~1~ ~5,~4 3,~~7,aa~ ~I.~~°lo X3.$1 ~,7~~,~~5 r 1~a 1.~0°la 13.1 ~,fi4,aaa i fI 1 { s 75 f i B. L~v~~ of ce ada~ ~lassi~.~a~~~ Level of et~ce ~ 1V~ o~~s U~rba~ Freeway 4-lane 58,600 V~'~J -iane 87,04 S-lane ~ ~7,~00 ~P~3 ~Jrban D~vlded tree 4-lane ~ X1,050 ~lI'D -lane 30,450 ~ll'D $-lane 38,454 I'D Urban Undiv~~ed Street ~~lane 10,054 ~ 4~lne ~ 6,454 BPD ~~lan~ X5,904 ~ R~.ral F~+eewa s 4-lane 36}800 SAD d-lane 55,00 BPD Ruxa1 Divided ova ~ - Q~lane ~~4,804 ~''AD ~-lane 3G,G00 ~D ~ura~. Undivided ~i b~wa -lane 9;400 ~D plane X5,304 ~Lll'~ ~-lane ~ X3,300 ' 7'ab~e ~~~,8-~, ~o~es fox Levi of Service VI'D~ vehicles hex Davy I E 76 K s ~ ~1 1 ~,SO ~ ~,5~ ~o ~..~0 E ~,(~10 4 1 iM I 1 l t 7l r i .i ~~T~ ~ ~ r~~wa ~~pa~ for ~olle~~o~ L ~x~n~a~e ~~~a~ ~rtex~. o~a~ ~~~d . x,050 5~5 575 X75 r ~r~ 575 ~l~~~ ~ ~5~5} ANA} ~ B~ x,125 b25 b~5 5~0 500 ~~5 x,500 ~ar~x~e X575} ~575~ ~45D~ X50} {~,~75} X575 } ~ ~ Uzban ~,~.50 X75 ~0 525 525 ~,4~5 b5~ 1,8 Res~den~ial ~NA~ ~~~5} ~b0~} ~~75~ ~~75} {~,~~5} ~b00} u~urban ~,2~5 750 ~ 575 575 1,6 75 ~,8~0 ~ x,300 X25 'S ~ b00 ~.,7~5 .775 1,500 ~ Rux~ ~ 750 5~ 55 ~ ~ ~ ~ ~7DO} ~ ~ ~ 0} X1,725} ~7~0) ~N~,} R Divided or one-way ~oad~ i) = Undivided Roads f ~ Nod Ap~~zt~~e a 1 1 s 1 ~g i a i r 1 r ~ ~ ~ ~ ~~T~; Apr~~ 0, ~~~hae! ta~~y, P~ hr~es F~e~[~r~ P~ . ~~o~~ eye Darter, P~ Paver~enl Focus group a4i~9l~4 i~eeti~ ommer~~ The following can~nents and recommendations are intended a a positive contribution to pity of Dent~n's efforts t~ "evaluate equ~iva~ent pavement life designs the uti~i~ation for rigid or flexible pavement systems and the resulting life cycle casts". IT~N~ The ou addressed the es~on regarding a "street Pavement Thieness" chart ~.t could be a guide fvr minirn'n thickness ~ a function of street type and pavement rnate~.al, ale ~ . nat in favor a mi~.mu~n thickness chart v~ithout considering, traffic, drainage and geological data re ard~n the ro osed avernent site, I did offer to pro,de the group a ode far ~ ~ ~ estxma~ing strengths of pavements based nn structural numbers derived roan ~AI~T and TT sources, ~ ana attaching a scan of "hat's ~qual~?" derived from that anfor.ation. Dur~.ng the meeting ~ suggested using pavement design saft~uare that required basic ~nfarmat~onal ' ut. The softvware ~ suggested was ".A". T.s aftwaare is user friendly and allows far roadway pavement thickness design and e~al~ation following 1 ~9AAS~'~ Design wide far Pavement tr~ctures, in~lud~ng traffic and overlay thickness methods. This pavement analysis sofvare i ~nexpens~ve ~9~] and accommodates t3rraffia estimate inputs; calculates tatal rigid and flexible ~ over the design. life for each combination of axle type anal weight entered. The progxam uses eight basic concepts that affect the concrete pavement design; t~.clcnes, serviceability, t~rraffic, load transfer, concrete properties snbgrade strength, drainage properties anal reliability. The program can calculate a life cycle coat analysis to compare competing design alternatives over the economic life of each alternative, considering #his available svft~vare alternative, site speck geatechnical information, engineering judgn~er~t and econorr~.cs, accono~nodating the group's stated mission is better factated with a contemporary pavement design program. fan by revising a rninhnu pavement ' thickness chat, t sera ~o rer~ ~ ~~3 ~ d~ c 81 i ~.t~~,i .ti~l ..rM , w ~ ` ~ ~ 4 ~ • i ~ • ~i ~ ~ r • ~ } • ~ R . . t _ . R~ f / i ~ ' r w , i t t ~ / ~ i ' ~ur~~ #ar~ Es~,M~~11~~ ~TR~1~~~~l~ 4f: ~Alr~~~~~s _ ~ ~a a1 e~ [ ~ Y Mt 11 N~t~e ~R ~MC~ war ~tkr b~f~r~~~~~~ 4~~r~~~~~ b~i~ 0 ~ort~~~d c~m~~f ~~r~~~t~ p.~4 . _ ~ 82 Y~ a 1• ~ ~ ' . ~'r 2 f i 4'.roi re'~°i `~45,~~• : ~ ~ k. ~ ~ +:ti'.i~tlk' - •~F P a -1, .t;r. 1 l! L. Z ~ , ' . - • - ~ ? ' •y ya ~ i~~ . r ` , ~ i . - --~f~~r4Y1Mi'~rp ~ v ~ i4f"' ' ' ~■■■ruri■" ~ ' F e , , ~ ''~r t-~ . , ~ + ~ n +4 j - - i ~ ~ ~ ~ ~ ~ Y r ~ 5 ~ ~ ~ - • ~ ~ ; ' - - ' 1 1 + - t ~ e ~ ' 4 ~ y4;+R• ter."=~R#'. 4 , i ~ ~ ~ ~ _ 1• ~ ~ $r ~ .i i ' ~ !;vx: ::d'i'g' t '-$4~i~,~3' ~ic'2 ~,y'ta':x, , 1 ' - • i' t - rte. = ~ , ~ ~ ~ ~ , - f tr~:•.. t, ~ 4::,~_r~~.. 1. • - i Ali ~ +i'v`r. .F•I, y ~ 1 ' .F f"'. it ' S t . T~ k .f ` S L I ~ • ~ ~ • - ~ y } ~ yyfJy ~ 'i !R ' . !.F ' ~ , • r„ tl. 13Ctir N~'1)' b MI -Y , -,'r MR. ~ ."y~•y~, • - 4~ •>,'rt- - -i~fr~~.~~y~~„~~~!}"ti~,'i?~SrPS'4~4H"3RD ~ ~~"x,. - . • ~ ~ •'rtr - . J t• • ~~'i '~i ~l L~;~'*~"~i .o r4'-~t.v-,~~~." k.k ~ r 4 ~ r. 5 i y y~ ~ y>~r'. a i~ ft. K•. "ti . « ~ : ~ -*M . ' • iI. • ~ ~~:,iww,n •m*s+M~': ti.: y.+~-~•~ ` i Kj ,~"rr i . Y- gt. .4" a*• 47+~ - !4 ~ ~ ~ . ` ' i ~ 1 ? ~ ~ N~ n~ LIAR ~~RL~l1N'~ ~~R loot ~VIi~ .~~~ha~t ~e~t~~ ~'~.'A Hea~qur~er~~ ~ ~.~~rc~a~ ~lriv~ ~~~a Teas '~S~1D ~`e~eph~~e: 1~~3~.~-~~9~ 1~~3~~-5Q4 f '~u~s~a ~~ne ~ ~D~~ 5:0~ 1~., ~ll~onda~~ S;~D A,. Tuesday} Thy ~~s~ra~o~ £~e fog se~na~ ~ I per pe~san. Were axe I ~ro~s~o~. ~ Deve~o mint I~~urs a~rr~~ ~~r a~t~d~n~ ~ ~~~ni~.~.ar. et~n ~ ~imi~ed to the first 4 ~ . ~o le ~o ~r~g~~~~r, Pl~ae ~o.pi~e e ~~~~a~o~. ~~rm be~o a~.d r~~urn by ma~~ ~.a.~ ~ P ~~dr~~ Ilste~ above a~~n ~h ~h~ r~istxa.~on fie for e~Ch p~r~~~ att~~d. ~ ANA: NAB: ~ ~All~: PAS: PHA: DID A cheek i en~~~sed fir a~te~dee~ ~ 1D.~~ = ~~e~s~ ~i~l ~e at the have address - If Qu h~~ an ~uest~o~s Tease con~e~ the ~`~APA. ogee ~t ~ I ~~~~99. f ~ s 1. 86 4 Y 1• . ~ ~ ~ 1 A~R~L ~~~4 ~~i ~5a3 ~ SAY ~'x~~'~ The Txl]~T hi wa let~i~n is scheduled for May ~ 1-~ The total tonnage of hot rn Y berg let is I,4~~,597, ~~A.~~ A~~IUAL ~ETG ~ A~.5' 0 ~ The 2004 TxAPA Annual Meeting will be held September 2Y~4, X004 at the ~n~ni Bayfront ~ e1 in v u Christi Texas. This ear marks the orb session ofthe Annual Meeting and ~ ~°t ~ ~ of the President Lan Albeit, Reece Albert, .c., says that this year's meeting is sure tv be one best. p'oilow~n the exciting golf taum.arnent that wih be held at the Corpus Christi Country Club a s ecYal rece tion is planned far wed~nesday Night, September 2, at the Texas Mate Aquar~un~. ~ p p i ~ ith them as we li as ha~in access Y"ou Avon t be sw~nin w~ the fishes but yvu wail be eating ~ to all the eat exhibits at the A uar~um.lVlany mare act~~ities are being planned including a day gr ~ and a half of technical sessions that ~i11 have yon on the co~npetiti~e edge of industry changes. gene Carrier East ~'e~as Asphalt, is chairman of the Annual Meeting Cona.~mittee that is a ' de~elo in the ro .s and finalising the details to make this a great opportunity to network P g p and learn more about our industry. Don't miss cut a~a all the fun and education. plan raw to attend an September 2~~24 in Corps Christi. SSA A..D ENIx~ ~DC~~~~] F~] ~E 14 ADD Stone Matrix. As halt MAC and permeable Friction Courses ~FEC} are two relatively new PIlI~A. i • mixes that have had much success, we want to continue that success by hoid~ng a day and a half seminar ~on the desi roduction, and construction of AMA and CPC ixes~ e seminar will P feature .strutters from. the l~at~ona~ Centea~ fair Asphalt T~chno~ogy [SCAT} ~nc~ud~n Donald Watson fat was faunally with the Ceargia Department of ~`ranspartation. Tie MA and PAC seminar wi11 be held dune 1~~15, ~~04 at the TxA.P,A office in Buda, The seminar will 1~e ii.ited to ~e first 5~ re istrants. Cali the TxAPA for snore information an this great educational g opportunity. ~ ~A F~I~IA'~X~~ NE~~ ~.~'T~~I'I'~OI~ As the Iong awaited new generation of TxD~T Standard peci~icatzons is nearing im leinentation we will continually be keeping you abreast of the significant c~ianges that will be p art of the idelines. dome of the changes wi11 be significant and need your attention as use near P the im iemeatation date. The new temperature constraints that are being mandated with the s eci~cations will Lace a more important role on the placement and compaction operations. To P p be in with is the new avement temperature requi~en~ent far placing dens-graded AMA ~ g p ~ at exceeds ! mixtures. This number rises to 7~ ~ for ~A and. PFC mixtuxes. Any ~ product th ~~~°F will not be placed an any TxDCT project. suggested minimum mixture placement tern erasure re uiretnents are now part of all of the new AMA specifications. Tfie TEA ~ ~ ecif~cation Comanittee chaired by harry Bush, Vulcan Materials, will be meting later this ~ p a month to develo addit~onai notices to frier inform our ,erribers of specification changes, 87 l rt i i I ~ A~T~~N lI~D~~. during TxAPA,'s Annual Meeting in Corpus Christi ~ live and silent auction will be held to raise funds the TxAPA Scholarship and Education Program. The schof arship and education ~ or scholarshi s for students rafears and to pragran~ has expanded over the years to help spars p ~ p su 1 text bks to universities teaching hot mix asphalt ca~rses. Sophomore level civil ~ pP y en inee~.n and cons~ructian science majors at universities in Texas are eligible for the student ~ , scholarshi s. Each year, through your generous d4natlons, TxAPA sponsors up to eight $1,5 0~ scholarships for students, Eligible professors are awarded schalarsh~p to the ~at~onal Center for As halt Technology ~NCAT~ training program held annually at Auburn University, home of ~ p ~ e sors and universities that teach ~1CAT, In add~t~on Tx~PA supplies CIA textbooks for .e prof s the hat Unix asphalt curriculum that was developed at SCAT. arshi and Education Pro auction 1s the annual fundrauser far this program. Ran The Schal ~ ~ Flans an, ASTEC? is the Auction Committee chairman ar~d he reminds everyo~ae to make your ~ Ions now to donate an item or be prepared to buy an item for this year's auction. Ron and hxs } committee will be cafling members with details in the near future, .As Ron says, "It's never to early to pion for the aucct~ian," ~~OR A~T~ ~VI~~~~ ~ The ll~a'or Associate ebers, liquid asphalt suppliers, recen~.y met to discuss industry and asaciatian news and events. Myles Nlc~emie, argon Asphalt and Emulsions chaired the meetin .The group had a lengthy discussion on the new Item. 30~ specifications as well as e g si ificant changes to the ~A specifications. There were same questions concerning the fir uenc and re eatability of same Item 3~a test but ail agreed that the new specifications would y P lead to a more uality product being produced The group also weed that mare infarnaation. should be shared on die proper methods of handling and storing liquid asphalt and will gather materials that can be used in t~.ining and educational progr~.ms. one of the programs the 1VIa~ or ~ A.saciate l~Iembers is working on is a technical session on. the liquid asphalt industry that will be resented Burin the TxAPA Annual Meeting. Nfir, c~eie invites all ll~ajor Associates to be p g, , , , . , ~nvalved wlth their act~v1ties and their support aftlae assoc~at~on. ~ C~ ~T~T ond~oads.com NAPA and the State Asphalt Pavemen# Assaciatian.s Dave developed. a new web site offering eneral infar~nation on hot mix asphalt products, plants, and the industry. The site includes g inforrnstian of interest to the general public, teachers, journalists, and researchers. you can take ui~, watch a video, and learn all kinds of interesting facts about hot mix by visiting the site. . Check out beyondroads.com you night want to ~lmk tt to your site. f SAL A.PI~A.~T PA~'V~~~T A~~T~~N ~w I~A'~I ill prevention Control and Countermeasures update. Recently, the Environmental p Protection .Agency {EPA held a stakeholders' meeting to update industry an the agency's ' fans far the SPCC regulation that was established in July ~0~. In Dece.ber of ~~~2 p there lotion dates were extended until August ~a04 and February ~~0~. During the meeting, EPA provided an overview of Issues pertarning to the completed l1#~gat~an. Unfortunately, EPA was unable to clarify its position an most of the industry issues currentl under contention. ~fenc~ng, cantainrnent, racks, etc.} and is still reviewing its Y options. EPA said that it does not want to put industry and stakeholders in untenabf a positions, and will likely extend the compliance deadlines. EPA. is still working on the extension and has romised the industry that i# will mare a decision within the nest couple of p weeks. ~"or further information, contact Una Connolly, Director of Envlru~unental and 89 i ~.fe eiccs, t ucon~~o~l hatmi..ar nary Fore, dice President for . ~ ~ ~ ~ ~nvironn~en.l, Health and a~ety, at gfarehorg~ ~~exll~ti0~a~ symp~slurn wild be hosted by SCAT xn dune. ~'he Inte~iational Syrnpasium. on ~ Design and Constction of Lang Last ASP~.aIt Fave~.ents will br~.g together heading e~per~s from many couatries~ SCAT will bast the ,Tune event at The Lodge and ~ C~anference Center at grand ~€ational near Aubu~n~ Ala, Come early for the reception on ~ Sunday, June G, and stay for a tour o~the MCAT Loh and Test Track an. June ~`he sessions will focus on ~aterials~ design, construction, and case studies for Perpetual ' Paveinent~ ~n addition tc the tours delegates wi~i have the chance to sa.ple sa.e } outstanding recreational cppartun~ties, l~ncluding an econan~ica~ galfpackage that o~`fers the choice of a Links course or Lade course, both. designed by ohei~ Trent Jones, For more information, go to ~wv~,~ad ecc.ca~I aX~urselindex.c. Ta register for the ~~AP meeting, o to h :Ilwww.en .aub~rn.edlcenterJncatf or send an a-mail to cfap~e, ra~~en~.auburn Medu. r ~ T~APA AL~Ai ~V~~T ' day 3~43~4 ~:a~ A J~~el IA. ei~ica#lor~ Buda gay 4 1 T:40 AiVI Awards C~niitee 1 Evaluators Tx.A~A, Buda gay 3:OD F Finance Committee T~APA, Buda Nray ~4 4:00 Fly Bcaxd ofDirectors TEA, ado ~ 11~y 10~~~ 5:~0 A Level iA Training~Cei~ification I~V~AC~ Buda Nay ~ 1 2 : ~ 0 F Annual ]Meting ainmittee TxAPA, B uda 11~1ay 1 ~ ~:3 0 P~ pecificatian omi~ttee Tx.A.~'A, Buda N~a 1~0 T:00 P Texas County Judges om.n~, South Padre island Y day l 8i~0 8: ,ANA Level T B Certification H~A.C, Buda ~ day 2~-~S 8~~0 AT1~ Level ~ TraininglCerti~cation IAC, Buda J~~ June 8:00 AM Level ~A Cr~ificat~an FIlI~AC, Bu a June ~8 ~ :00 PNi ~E County Judges Comm. Del Logo June 3:04 Fill Finaxice Con~mrttee T~AT'A, Buda June 7 x:00 Pll~ Board of Directors TxA~A, Buda June 7-9 5:00 A Level ~ Cer~i,catXOn ~IlI~AC, Buda lone 9-~ 2 T :00 FNt Teas Public works Abilene June ~ ~ ~ 0:00 A Awards Committee ~ TxAPA, Buda .Tune ~ 8:40 A~NI Level ~ B Certi~icat~on IIl1~AC, Buda ' June 930 ~ :00 PN~ Perpetual Favcrnent Design TxAFA, Buda ~ TEA ~DCAT~~~AL ~~AR July 13 San Angelo ~ July 4 Austin ~ Judy 2 Odessa August ~ 7 ichita Falls August ~ 9 Childress October 9 Pharr 90 F l r E ~ ~ V ~ ~~~~~1 ~ { ~ 1 Bexar IH 4 ~ 0 Reconstruct Intersection 73 S ~ ~ ~ eration ~n~ ro~e~nent, Pain Lanes N~vdi~y ~ 20,5 ~ 1 ~ Bexar 1 3 Bas ue ~ 22 ~ntersectioo Rehab I Radius a aci Ins roven~ent 11,517 4 Brown FM 3044 Rehab Raadwa , ~ur~ uttcr, Sidewalk 5,163 Burnet H 2~ Install Traffic Sig-~al Add Lei Turn Lane 1,930 ~ 764 ~ Barnet R Re lace Brill e A roaches Caldwell US 90 Re lace Grid a A. roaches x,573 ' 179 ~I` ~ Cooke Fll~ 5 ~ .Add Shoulders • } 10x418 9 ~a11as IH 35~E No~achl Seal lanes shoulders 1 ~ ~ onstruuct G LAND Freewa ~ 6 Lane ~'ronta c ~ 94, ~ 04 ~ 10 I~ento~n 4bd ~ 1 Denton. CR Re lace Ind e A roaches . 459 12 Fl Paso LP 375 Rehah e~stin Roadv~a LP 375 Construct 1Vlain lanes Interchan es 74,248 ~ 13 El Paso LP 375 onstr~zct fain. Lanes I~terchan es 44,57 14 E1 Paso ` A Base Re air and Le~e1~U 6477 ~ ~ 5 Bllxs Ski ~ Re lace Brill e A roaches 2,057 16 Broth ~ 3 Base Re air ACP OIL, Pay. dark ~ 41,347 ~ 7 Ftp Bend ~ i ~ 1 18 Crra scn S2 As haltic concrete Pa~re~nent OIL baclll US ? 5 Eiden on-Free~a~ 2, ~ 5 ~ ~ 9 Gra son BU 96-P N1i11 and DIL Bxistin Roada~r 4,954 24 Hardin • ~ Reeonstct Rehabilitate Road~va 326 21 Harris • Rehabilitate ~xistin Roadv~a 2,74G 22 Harris ` 190 base Re air Ultra Thin Bonded OIL 9,225 23 I~arr~s F ~ 2 A.dd Center Tug Lane Sb.oulders ~ 5, ~ 59 24 kIa s ~ 277 ACP OIL and 1~nderseal 56,874 25 klasl~ell ~ 3 ~ PLN, OCT, ACP, Mean. Seal P~. arl~ ~ 3,592 26 Henderson 738 27 Hidal a A. Frans atian Enhancernent ~ 2.05 Restoration. of ~xist~. Road 79S9SS 2S auman. ~ x U 277 Reconstruct, CRS & ~ 23 ~ 77 ~ 29 Rno 24 242 3~ Lavaca US 77 As halt Concrete Pavernent US 77 Rc face Brill e ~ roaches 400 31 fee Lubbock U 84 Fui1 De th Re air 2, $4 ~ 712 33 Lubbock U 84 I~a~ard Eli.ination anal Safe nee F ~ 097 Re lace Grid e & roaches 3, 5 D~ 34 font o cloches US 59 Sad Treat Fixes Ob'ect 1G5 35 Nava } a~arro U 287 OfL, Base Re air, P~ dark ~ 1,893 3 ~ Neon ~ 87 OIL Bxistrn~ Road~va 24,5 ~ 37 ~ ~ 0 944 ~ ~ Newton SH 87 Re alr OIL B~istin Road~va ~ e IH 10 Install Cable Safe IVled~an Barrier 7,267 3 Oran er CR Re lace Brill e ~ ranches 873 40 Park ~`Nf 2500 Eiden Bach Side Seal OIL ~ 3, ~ 77 ~ 41 Polk ~ 43 ~ ~ 42 Patter Re face Brill e A roaches F1Vi 225 Re lace Brill e A reaches 3,77 43 Rush , FNI 2222 Add 14' Center Turn Lane 6,429 44 Tra~~s U 40190 Reconstruct u er Ble~atian I,565 45 T ler H ~ ~ idenin , 'actin , Struct, Base Sub 43,7 ~ ~ 46 all~er ' CJS 2?~ ~ ode to 4-I.ne Divided Facili 5,33 ~ 47 ~chita 4 825 r 4 $ illiam~on F 2243 One Course Surface TRT, Level U OIL U 384 Re lace Bxis~.n Railroad Uncle ass 5,232 49 use TOTAL: 1,422, 597 91 MEMORANDUM DATE: September 29, 2006 T0: Mayor and City Council FROM: Howard Martin, Interim City Manager SUBJECT: Pavement Analysis Update In a Council Work Session in August 2006, Council Member Joe Mulroy asked for an update on the status of the comparison analysis between concrete and asphalt pavement cross sections. Frank G. Payne, P.E., City Engineer, responded that staff was discharging the previous consultant working on the analysis and intended to hire another consultant to proceed with the proj ect with the intent to return with results in two months. Staff retained the services of Garry H. Gregory, Ph.D., P.E. with Gregory Geotechnical to analyze the relative thickness of asphalt versus concrete pavement for primary arterials. Primary arterials were selected for the analysis because of the critical nature of this type of roadway (six-lane, divided section) and because it is the thickest section currently required by the City (12" of concrete). Gregory Geotechnical was conduct the following analyses in conjunction with this study: 1. Using the current sub grade preparation specified for the concrete primary arterial, "back calculate" an equivalent thickness of asphalt paving. 2. Develop a general sub grade support value for the soil conditions in Denton, Texas based upon available geologic maps, existing geotechnical data, soil survey maps and Gregory Geotechnical's experience in this area. 3. Determine the required thickness for both concrete and asphalt paving for primary arterials based upon the sub grade support value calculated above. Staff anticipates the receipt of a final, sealed engineering report in the next two weeks. Preliminary results provided by the consultant indicate the following: 1. Given the current sub grade support of 6" of lime treated sub grade over raw sub grade soils, the "equivalent" pavement thickness to 12" of concrete is 13.5" of asphalt. 2. Based on the geotechnical firm's analysis and knowledge of soils in this area, a "low range" value of sub grade support was estimated for the raw soils. Low range in this case would be the value for the "worst" soils (fatty clays) that would tend to be encountered in this area. The adjusted or recommended pavement thickness for this soil using the currently required 6" of lime treated sub grade was then calculated at 12.63" (rounded up to 13") for concrete and 15" for asphalt pavement. 3. Other soil types present but less common than the clays in this area (sandy soil types) change the recommended thickness of each pavement type. Depending on the calculated sub grade support value of the actual soil encountered, the asphalt 92 Exhibit 11 4. and concrete pavement sections may be equivalent or, in the case of predominantly sandy soils, the asphalt thickness may actually be less than that require or concrete. Upon receipt of the final report from the consultant, staff will update Council with the results as well as a recommendation for the next step in the process. I trust this information is satisfactory to Council. Please do not hesitate to contact me for any additional information or clarification. 93 CITY OF DENTON Streets Operations and Maintenance Expenditures Target $15 Million Fiscal CO's and Year Expense DCTA $'s 1992 $1.495 1993 $1.558 1994 $1.571 J 1995 $1.694 Q 1996 $1.776 ~ 1997 $2.168 U 1998 $1.936 Q 1999 $1.939 2000 $2.116 2001 $2.690 2002 $2.708 $1.060 2003 $2.847 $0.780 2004 $2.986 $1.900 2005 $3.306 $1.750 2006 $3.415 $1.000 2007 $4.198 $1.000 2008 $4.768 D 2009 $5.416 W 2010 $6.151 ~ 2011 $6.987 ~ 2012 $7.935 a Q 2013 $9.013 a 2014 $10.237 2015 $11.627 2016 $13.206 2017 $15.000 Dollars in Millions 94 E~iibit 12 CITY OF DENTON Streets Operations and Maintenance Expenditures Fiscal CO's and Year Expense DCTA $'s 1992 $1.495 1993 $1.558 1994 $1.571 1995 $1.694 1996 $1.776 ~ 1997 $2.168 J 1998 $1.936 a 1999 $1.939 ~ 2000 $2.116 U Q 2001 $2.690 2002 $2.708 $1.060 2003 $2.847 $0.780 2004 $2.986 $1.900 2005 $3.306 $1.750 2006 $3.415 $1.000 2007 $4.198 $1.000 Dollars in Millions 95 E~iibit 13 AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Economic Development CM: George C. Campbell SUBJECT Receive a report and hold a discussion regarding the planned improvements to Golden Triangle Mall. BACKGROUND Feldman Mall Properties purchased the Golden Triangle Mall in 2006. Mr. Larry Feldman has requested an opportunity to introduce the company's philosophy to the City Council and to make a presentation regarding their planned improvements to the facility. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW N/A FISCAL INFORMATION N/A EXHIBITS N/A Respectfully submitted: ~ ~n 1+~t. ~ r •5 ti i ~ F ~I~1 ~ :r. + + i~ n Linda Ratliff, Director Economic Development Department -1- AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: City Manager's Office CMIDCMIACM: George C. Campbell, City Manager SUBJECT: Receive a report, hold a discussion, and give direction regarding participation in the North Texas Commission Rest & Recuperation Program. BACKGROUND: The Rest & Recuperation Program sponsored by the North Texas Commission is an opportunity for volunteers to welcome home troops returning from Iraq. The program has been recognized by the Freedom Foundation and awarded the George Washington Honor Medal. Thousands of community volunteers have donated their time to greet and welcome the men and women who are serving our country as they pass through DFW on their way home. As you can imagine, a project of this magnitude requires a number of volunteers. The North Texas Commission is again recruiting community members for the 2007 calendar. As you will note in the attached material, volunteers are asked to commit to a day, or a week. The time commitment is usually one to two hours in the morning. They ask that the volunteers commit to a minimum of 15-20 people. Parking is provided. This item is being presented to Council to see if there is any interest in participating in this program. Respectfully submitted: ~'ti ~ ~ti Betty Williams Executive Administrator Attachments: Program Summary North Texas Commission Letter Greeting the Troops Information Summary of Rest & Recuperation Program Volunteer Period: Single day, prefer a week How many days: Every day Length of time: Usually one to two hours What time of day: Plane typically arrive in the morning How many greeters needed: Minimum of 15-20 people needed How many soldiers: 100-150 per flight Flight arrival time: Usually in a.m., need to check the message line for exact time Arrival at DFW: Do not have to come as a group. You can park across from the gate. Parking will be validated. Miscellaneous: Signs welcome. Goodie bags can be provided. NQ~ 1~5 ~ ca~uss~a~ . • r' •:i~ 1i NORTH . . . ' TEXAS CoMMESS~oN 'n 1TT~t 19]1^2~4~ November 2006 Z44G-2447 Hon. Perry McNeill, P.E. o{iicers and Executive Committee Mayar City of Denton H. Dan Farell 215 East McKinney Street Chairman Denton, Texas 76201 Kenneth Barr Yice Chairman Dear Mayar McNeill: weedy Lopez Secretary The Rest & Recuperation Program continues to be a significant and rewarding Bill Hanley program in the DFW Metroplex. If you have had, an opportunity to participate in Treasurer this program, you know just how moving this experience is day after day as Hal T. Thorne troy s from Ira are welcomed home b ou s of volunteers from the Metro Iex. General CaunseI p q y i p p We want you to know that this program was recently recognized by the Freedoms Dan S. Petty Foundation and awarded the George Washington Honor. Medal. We were Prestdent/CEQ honored to accept this award on behalf of the thousands of volunteers that have Lee F. ]ackson Immediate Past chairman extended warm hospitality to the men and women serving our country as they pass through the gates of DFW Airport on their way home. Without you this l~bert cl~r~k ro am would not be possible. P Luis Cruz Bill Keffler We are in the process of recruiting volunteers for the 2007 calendar. Groups are encouraged to commit to a week to ensure that that our U.S. Troops are welcomed Wright Lassiter and greeted daily. We are very excited about continuing this program, and now is Donna R. Parker your opportunity to participate in an unforgettable experience. Charles 5hewmake We encourage your organization to be a part of this valuable program. If you are Timothy D. warn interested in greeting the U.S. troops, please contact Christene Wheeler at X72.621.0400 or heroes@dfwairport. coin. Sincerely, Dan S. Petty Jeffrey P. Fegan PresidentlCEG Chief Executive Officer North Texas Commission DFW International Airport DSPIJPF:Is sui~o~~c r~E ~ECio~ or cr~oic~ 845 Freeport Parkway, Suite b40, ~rvir~g, Texas 750b3 MAllihlG: P.4. Box blQZ4b, DFW ,Airport, Texas 752b~-Q24~ METRO: 972.6~1.0~4Q FAtSIMII.E: 97?.g29.091 b E-MAi~: nte~ntc-dfw.org WEBSITE: www.nt~~dfw.org E Good afternoon! Thank you for your interest in greeting our U.S. troops! ~1e appreciate all your efforts in helping make this project a successful one. The flights usually arrive between 9:30 and 1 daily. Thank you so much for your support. Once you have chosen a time to go out, get back with me and we will schedule your group down. You will find information regarding the 'meet & greet' attached. Greeters will meet at Terminal B, Gate 39 until Dec.17. On Dec 18 they will begin meeting at Terminal D, Gate 22. Parking is available there, as well...you may park in the lot to the left and obtain vouchers upon leaving (to pass through the toll). Also, I invite you and your group to visit www.welcometroops.com...it's a great ~1eb site that will give you a good idea of what to expect... Please do not hesitate to contact me should you have any questions or concerns. Thank you for your time and continued support to this wonderful and worthwhile program! Christene ~lheeler North Texas Commission 8445 Freeport Parkway, Suite 640 Irving, Texas 75063 Mailing: P.O. Box 610246 DF~ Airport, Texas 75261 Phone: 972.621.0400, ext. 110 Cell: 972.322.7588 Fax: 972.929.0916 www.ntc-dfw.or~ Meet and Greet the Troops - R&R FLIGHTS (Rest and Recuperation) DFW AIRPORT Updated 12/412006 The R&R Program started to meet and greet the troops to encourage and support our deployed military. Anywhere from 100 to 150 troops come through DFW airport each day on their way home for atwo-week R&R (Rest and Recuperation). One flight arrives daily at DFW and one departs each day. A small portion meets their families here but the majority will catch connecting flights home. Volunteers gather each day to welcome these troops off their flight, thanking and encouraging them for their service to our great nation. We have many faithful individuals who come almost every day and deem it a privilege to be there; yet still, many more are needed to make this program even better. Our primary need is for businesses, clubs, churches, organizations and chambers to adopt a week and bring their employees, friends, family and communities to participate. We are so grateful for the many who have participated in the past and look forward to meeting many more of you in the future. IF a week is not possible, you may adopt a day or a weekend, or which ever works best for your organization. All are welcome to come and participate in the R&R Program. To learn of expected flight arrivals, call 972.574.0392 for a recorded message. You may call after 8 p.m. at night up until the flight arrives the next morning. Though most flights are expected to arrive between 10 a.m. and noon, the key is to be flexible as this does change, sometimes even at the last minute. Please know that the Military does their best to keep us informed. You will want to check the recording several times in the morning before coming to the airport. The troops arrive at Terminal B, Gate 39 until Dec.17. On Dec. 18 they will arrive at Terminal D, Gate 22. You may park directly across from the entrance. Parking passes will be issued as you arrive so you there is no parking fee or charge to your toll tag. Thank you for supporting our men and women in uniform. If you have a group of 15 or more-- business, club, civic organization or chamber and need further information, please a-mail heroesna,dfwairport.com or call Christene Wheeler. For additional needed help, you may call Linda Robinson, the on-site coordinator. Thank You For Supporting Our Troops! Christene Wheeler Linda Robinson Liz Samuel North Texas Commission Meet and Greet Coordinator Director of Community Affairs P.O. Box 610246 972.462.8316 North Texas Commission DFW Airport, Texas 75261 214.505.9281 P.O. Box 610246 Phone; 972.621.0400 Iinda.robinsonl2C~verizon.net DFW Airport, Texas 75261 christeneC~ntc-dfw.org IizC~ntc-dfw.org www.ntc-dfw.org www.ntc-dfw.org Check List For Coordinators *All coordinators are urged to participate once at the meet and greet prior to their scheduled week. It will be helpful for your planning! Before Arrivin at DFW D R&R Update Hotline: Call the R&R update line at 972-574-0392 for an estimated time of arrival. Flights have arrived as early as 7 am and as late as 11 pm. Calling the hotline the evening before after 8 pm, as well as several times in the morning helps determine if there are any delays. D Signs: Homemade signs are welcome. You are welcome to leave them and the onsite coordinator will see that they are displayed. D Food: A welcome treat or goodie bags are permissible. Simple is best! Please note there are approximately 150 soldiers arriving daily. NO Home baked items are allowed. Only prepackaged items will be allowed. D Wafer: Bottled water is a big hit as the majority of soldiers are connecting to other flights and need the thirst quenchers. You do not need to bring ice or coolers. D Supporters: Encourage businesses and families to come to Terminal B until Dec. 17 and Terminal D from Dec. 18 on and wear patriotic colors. Also, veterans should be encouraged to participate. D Phone Tree: A phone tree is often helpful for you to update your volunteers in case of any last minute changes that would need to be communicated. Arrival at DFW -Preparation D Time allocated: Volunteers need to plan two hours for this program for driving, parking, setup, greeting and return. You can park across from the entrance at Terminal B, Gate 39 until Dec. 17 and Terminal D, Gate 22 from Dec. 18 on-- parking vouchers will be available upon arrival. D Flags: There are some flags available to you, but please return for later use. D Food: Your food items or goodie bags are to be placed on the tables that are between the two entrance doors. Please have assigned people to pass them out. This should all be done at the doors or if weather permits outside. D Water: Coolers will be set outside near the buses or at the door as they leave. This allows the soldiers to take what they need. At least one volunteer will be needed to help pass out the water to the soldiers. D Helium Balloons: If you would like to bring balloons to help decorate, only Mylar balloons are allowed - no regular helium balloons, please. Soldiers Arrival - DFW D Families of Troops are to line up in front, all the other volunteers on either side of the curved wall behind family members. Veterans are up front to greet the troops! D Keep aisles wide and clear: The Volunteer Group Leader should work with onsite coordinator to keep the aisle clear. The objective is to welcome the soldier but not encumber their progress to their connecting flight. D Cell phones: You are welcome to offer troops cell phones to call home as they arrive. The best place to do this is outside as they wait for their buses. The Clean-up Process D Signs: All the signs can be stored in the closet. D Flags: A box is available for their storage however re-supplying may be needed. D Food: Any food left over can be donated to Operation R&R or to the USO. Military are in the airport all day and this is welcomed by the USO. Onsite coordinator will work with you regarding this. D Thanks for your help. If Coordinators need information, please email heroeswelcome(a~dfwairport.com. AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider approval of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food supplies; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: Mayor Perry McNeill has made a request for the expenditure of $250 to Our Daily Bread. Per the contract, the funds are to be used by Our Daily Bread to help provide services and supplies for a soup kitchen in Denton. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: 3'= i' _ f • ~ . F i F. George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant ~:l0ur Documentsl~rdinances10b10ur Daily Bread Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORI~IN~ AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND OUR DAILY BREAD TO ASSIST IN PROV'ID7NC~ FOOD SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FTJND THEREFOR; AND PROVIDING AN EFFECTNE DATE. V~HEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and Our Daily Bread. attached hereto and nude a part hereof by reference {the "Agreement"} serve a munlclpal and pub~~e purpose and ~s in the public Interest; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l . The findings set forth in the preamble of this ordinance are incorporated by reference into the body ofthis ordinance as if fully set Earth herein, SECTION 2, The City ll~anager, ar his designee, is hereby authorized to execute the Agreerrient and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Areerxzent, SECTION 3. This ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , ZOa7. PERRY R.1VIcNEILL, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN . SNYD TY ATTORNEY BY: i * ~ ~:II~QCi~ME~11Iaho~leylL~CALS~IITemplOur Daily Bread Agreement.doc BETwEN ~~E CITY DEN~'~N, TEAS AND 'FHE BUR DA~~Y BREAD This Agreernerit is hereby entered into by and between the City ofDentarr, Texas, a Home Rule l~Iunicipal Corporation, hereinafter referred to as „City", and Dur Daily Bread, a Texas Non-Profit Corporation, hereinafter referred to as {`Dur Daily Bread": WHEREAS, City has determined that the proposal far services merits assistance acrd can provide needed services to GitiZenS of City and has provided funds in its budget for the purpose o paying for contractual services; and WHEREAS, this Agreement serves a valid rnue~pal and publrc purpose and is rn the public interest as It will promote tourism and ecanorrric development w~thrn the City, among other things; NDw, THEREFORE, the parties hereto mutually agree a follows: l~ SCOPE DF SERVICES Dur Daily Bred shall in a satisfactory and proper manner perform the following tasks, far which the nron~es provided by Clty may be used: The funds being provided shall b~ used by the Dur Daily Bread to help provide services and supplies far a soup kitchen in Denton, II. CBLICATIDN DF DUR DAILY BREAD In consideration of the receipt of funds from City, Dur Daily Bread agrees to the following terms and conditions: A, Two Hundred Fifty Dollars and Hall a~ ~$2~O.~a} shall be paid to Dux Daily Bread by City ~ to be utilized for the purposes set Earth in Article I. B. Dur Daily Bread will maintain adequate retards to establish that the City funds are used for the purposes authorized by this Agreement . Dur Da11y Bread ill permlt authorized officials of City to review its books at any t1rne. D. Upon request Dur Daily Bread will provide to City its By Laws and any of its rules and regulations that nay be relevant to this Agreerrrent. E. Dur Daily ,Bread will not enter into any contracts that would encumber City funds for a perlad that would extend beyond the terra of thr Agreement. F, Dur Daily Bread will appoint a representative who will be available to meet with City officials when requested. i t i I . Our Daily Bread will submit to City copies ofyear-end audited financial statements. ~ TIME OF PERFORMA~E The services funded by pity shall be undertaken and completed by Organisation within the following time frame: The term ofthi Agreement shall con~.n~ence ot~ the effective date and terminate September 30, 2a47, unless the contract is sooner terminated under Section ~Il "suspension or Termination", I~. PAYMENTS PAYMENTS TD OUR DAILY BREAD. Oity shall pay to Our Daily Bread the sum specified in Article II after the effective date of this Agreement, B, ExcESS PAYMENT. Our Daily Bread shall refund to pity v~ithin ten ~ ~ a}working days of pity's request, any sutn of money which has been paid by Oity and which pity at any time therea#~er determines: 1 } has resulted in overpayment to Our Daily Bread; or has not, been spent strictly in accordance with the terms of this Agreement; or 3~ is net supported by adequate documentation to fully justify the expenditure, V, EVALUATION Our Daily Bread agrees to participate in an implementation and maintenance system whereby the services can be continuously rrionitored~ Our Daily Bread agrees to mare mailable its financial records for review b~ pity at pity"s discretion. In addition, Our Daily Bread agrees to provide pity the following data and reports, or copies thereof; A, All external or internal audits. Our Daily Bread shall submit a cagy of the annual independent audit to pity within ten ~ ~ a} days of receipt. B. All external ar internal evaluation reports, O, An explan~tian ofany major changes in program services. D. To comply with this section, Our Daily Bread agrees to maintain records that will provide accurate, current, separate, and carnplete disclosure ofthe status of funds received and the services performed under this Agreement, Our Daily Bread's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Our Daily : Page of 7 Bread agrees to retain all books, records, docurr~ents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Our Daily Bread of responsibility far retaining accurate and current records that clearly reflect the level and benefit of serv1ces provided under this Agreerrzent. V~. DIRETOR' MEETINGS During the terra ofthis Agreement, Our Daily Bread shall deliver to pity copies afall notices of meetings of its Board of Directors, setting Earth the time and place thereofwherein this program is part ofthe subject ratter afthe meeting. Such notice shall be delivered to pity in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Our Daily Bread understands and agrees that pity's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Our Dally Bread's governing body shall be available to City within ten ~ 10} working days of approval. vII. TERMINATION The pity may terminate this Agreement for cause if Our Daily Bread violates any covenants, agreements, or guarantees of this Agreement, the Our Daily Bread 's insolvency ar filing of bankruptcy, dissolution, ar receivership, or the Our Daily Bread's violation of any law ar regulation to which it is bound under the terms afthis Agreement. The pity nay terminate this Agreement for other reasons not spetif tally enumerated in this paragraph, vIll. E UAI~ OPPORTUNITY AND OMPLIANB wITH LAwS A. Our Daily ~ Bread shall comply with all applicable equal employment opportunity and affirmative action laves or regulations. B, Our Daily Bread gill furnish all information and reports requested by pity, and will permit access to its backs, retards, and accounts for purposes of investigation to ascertain compliance with 1ata1, state and Federal rules and regulations. . In the event of Our Daily Bread's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, ar suspended in whole ar in part, and Our Daily Bread nay be barred from further contracts with pity. Page af7 Lm 1~. wARRAN~'IE fur Daily Bread represents and warrants that: A. All information, reports and data heretofore ar hereafter requested by pity and furnished to pity, are complete and accurate as ofthe date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to pity, . Any supporting financial statements heretofore requested by City and f-urnlshed to pity, are complete, accurate and fairly reflect the financial conditions af~ur Daily dread an the date Shawn an said repack; and the results of the operation for the period covered by the report, and that since said data, there has been no rr~aterial change, adverse ar otherwise, in the financial condition of fur Daily Bread, . No litigation or legal proceedings are presently pending ar threatened against Dur Daily Bread. . D. None ~f the rovisions herein contravenes or i in conflict with the authority under which fur Daily Bread is doing business or with the provisions of any existing indenture ar agreement of Dur Daily Bread. Dur Daily Bread has the power to enter into this Agreement and accept payments hereunder, and has tal~en all necessary action to authorize such acceptance under the terms and conditions ofthis Agreement. F. bane afthe assets afDur Daily Bread are subject to any lien or encumbrance ofany character, except far current taxes not delinquent, except as shaven in the financial statements furnished by fur Daily Bread to pity. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the subrnYSSian of each request far payment. HANE AND A~IENDNIENT A, Any alterations, additions, or delet1ons to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreerr~ent expressly provide that another rr~ethod shall be used. B. It is understood and agreed by the parties hereto that changes in the state, Federal ar local laws ar regulations pursuant hereto naay occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall became a part of the Agreement on the effective date specified by the lain or regulation. Page 4 of'7 i I ' Our Daily Bread shall notify City of any changes in personnel or governing board composition. ~I. TNDEIViNIFICATION To e extent authorized by law, the Our Daily Bread agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage,loss, or liability afwhatever kind or character,arising out ofor in connection with the performance by the Our Daily Bread or those services contemplated by this Agreement, lncluding all such claims ar causes ofaction based upon common, constitutional or statutory law, ar based, in whole or in part, upan allegations afneligent or intentional acts ofOur Daily Bread, its officers, employees, agents, ubcantractor~, licensees and invitees. III, CONFLICT OF INTEREST A. Our Daily Bread covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Our Daily Bread further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its gavernir~g body. B. Our Daily Bread further covenants that no member of its governing body or its staff, subcontractors or employees shall passers any interest in or use hislher position far a purpose that is or gives the appearance of being rriativated by desire for private gain for hirnselflherself, or others; particularly those with which helshe has family, business, ar other ties. No officer, member, or ernplayee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest ar the interest in any corporation,partnership, or association in which he has direct or indirect interest. VIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall. be deemed to have been delivered, whether actually received or not, when deposited in the United Mates mail, postage prepaid, registered ar certified, return receipt requested, or via hand-delivery addressed to Our Daily Bread or City, as the case nay be, at the following addresses; Page of 7 Lm i ~ ~ I I CITY OUP DAILY BREAD City of Denton; Texas Polly Diebel, President ofthe Board ofDirectors Attn: City Manager Our Daily Bread 215 E. cinriey 3 west Oak street Denton, T~ 7~2~ I Denton, T~ 7G2Q 1 Either party rriy change its rnailing address by sending notice ofcl~ane ofaddress to the other at the above address certified mail, return receipt requested. I~. 1VIICELLANEOU A. Our Gaily Bread sha11 not transfer, pledge ar otherwise assign this Agreement or any interest therein, or and claim arising thereunder to any party ar parties, bank, trust company ar other fnancial institution Without the prior written approval of City. Ifany ~ravision ofthis Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in Full force and effect and continue to conform to the original intent of bath parties hereto. . In no event shall any payment to Our Daily Bread hereunder, ar any other act or failure of City to insist in any one or more instances upon the terms and conditions ofthis Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Our Daily Bread. Neither shall such payment, act, or orr~iss~on rn any manner ~napa~r or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or rerr~edies are always specifically preserved. No representative or agent of City may waive the effect of this provision, This Agreement, together with referenced exhibits and attach.n~ents, constitutes the entire agreement between the parties hereto, and any prior agreerr~ent, aSSertlon, statement, understanding, or other commitment occurring during the term of this Agreement, ar subsequent thereto, have any legal farce ar effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement, E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue ofany litigation concerning this Agreement shall be in a court ofcorr~petent jurisdiction sitting in Denton County, Texas. Page ~ of 7 Lm ti IN ITNES ~UHEREGF, the parties do hereby affix their ~inature~ and outer into this Agreement s of the day of , 200. CITY GF DENTGN, TEXAS BY: PERRY R. cNEILL, IAY~R ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPR~~ED AS TO LEGAL FGRNI: EDWIN ll~. SNYDER, CITY ATTGRNEY BY: GUR DAILY BREAD BY: PDLLY DIES ,PRESIDENT GF THE BDARD GF DIRETGRS ATTEST: BY; SEG TARY gage 7 of 7 i AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider approval of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts and Jazz committee for the 2007 Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the expenditure of $500 each from Mayor McNeill, Mayor Pro Tem Kamp and Council Members Montgomery and Thomson's Contingency Fund allocation. Key provisions of the agreement include: ■ Funds shall be used to help pay costs and expenses directly related to the entertainment cost of the festival held in April of 2007 ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. PRIOR ACTION/REVIEW (Council, Boards, Commission) Funds have been approved for the Arts and Jazz Festival for the past several years by the City Counci . FISCAL INFORMATION Payment will be made from amount budgeted in each of the four Council Members' contingency funds accounts. Respectfully submitted: ~ - ~ _ ~ ~f- •r i' ti ~ .i George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant .1Qur Documer~t~lOrdinancesl~~IDenton Festivat Foundation-Jazz Fest.doc ~RDINANE N~. AN ~RDiNANE OF THE ~I~'~` ~F DENTIN AUTHORI~Il~1Cr AN ACxR.E~ENT BETWEEN THE CITY ~F DENTIN, TEAS AND THE DENTIN FESTNAL F~JNDATION FAR SUPPLEMENTAL FUND~N FAR THE ARTS AND JA~~ ITTEE F~~ THE ~~a7 DENTIN ARTS AND JA~~ FESTIVAL; PR~VIDINC FAR THE EXPENDITURE ~F FUNDS THER.EF~1~; AND PR~VIDIN~ FAR AN EFFE~TTVE DATE WHEREAS, the Denton Festival Foundation the "organization"}provides for the annual Dentan Arts and Jazz Festival including the 0~7 Festival the "Program"}; and WHEREAS, the pity ouncll of the 1ty of Denton hereby finds that the Program and the agreement between the pity and the ~rganizatian attached hereto and made a part hereof by reference the "Agreement"} serve municipal and pubic purpose including the prorrrotian of tourism and ecanan~ic develapn~ent and the Agreement is in the public interest; New, THEREF~R,E, THE UNIL ~F THE CITY ~F D~NT~N HEREBY ORDAIN: SETI~N 1, The findings set forth in the preamble ofthis ordinance are incorporated by reference into the body of this ordinance as if fully set Earth herein, ETI~N The pity lVlanager, or his designee, is hereby authorized to execute the Agreement and tv carry out the duties and responsibilities afthe pity under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3~ This ordinance shall became effective immediately upon its passage and approval. PASSED AND APPR~~ED this the day of ~~~7, PERRY I~. ~VIcNEILL, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPROVED AS T~ LEGAL F~RIVi: EDwIlV M. , ITY TRNEY BY: .L' ' ` S:lOur Dac~men~IC~ntract~1061Denton ~estiva~ Fa~ndatton Agrmt.doc E~vICE AREEIVIEN~' BETWEEN THE CITE DENTIN, TEA ANl] ~'HE F~U~D~~'I~N This Agreement is hereby entered into by and between the City of Denton, Texas, ~ Home Mule Municipal Corporation, hereinafter referred to as "'City", and the Denton Festival Foundation, a Texas Ikon-Prat Corporation, hereinafter referred to as "Foundation": w~IFREA, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and wHFREA, this Agreement serves a valid n7untc~pal and public purpose and 1s in the public interest; NCw, TIiE~EFDRE, the parties hereto mutually agree as follows: I. CAPE DF SERVICES Foundation shall in a satisfactory and proper manner perform the following tasks, far which the monies provided by City nay be used: The funds being provided shall be used by the Foundation to provide financial assistance for funding of entertainment during the Arts and Jazz Festival. II. ~BI~IA.TI~N OF FOUNDATION In consideration of the receipt of funds from C1tyy Foundation agrees to the following terms and conditions: A. Two Thousand Dollars and noll0~ ~$2,~~~.~~} shall be paid to Foundation by City to be utilized for the purposes set forth in Article I. B, Foundation will maintain adequate records to establish that the City funds are used far the purposes authorized by this Agreerrient. Foundation will permit authorized officials of City to review its books at any time. D, Llpan request, Foundation w~Il provide to C1ty its By I1aws and any of its rules and regulations that nay be relevant to this Agreement. E. Foundation w111 not enter Into any contracts that would encumber City funds far a period that would extend beyond the term of this Agreement. F. Foundation w111 appoint representatl~e who VV1Il be available to meet with Clty Dfhclals when requested i i y C, Foundation will subrr~it to pity copies of year-end audited financial staterrients, III. TIF ~F PERF~RMANE The services funded by pity shall be undertaken and completed by organization within the fallowing t1n~e frame; The term of this Agreement shall commence on the effective date and terminate upon the con~plettvn of the 207 Festival, unless the contract zs soonex terminated under ectlnn vII '~uspens~an or Ter~nat~an". I~, PAYMENT A. PAYMENTS TO F~UNDATI~N, pity shall pay to Foundation the sung specified ~n Article II after the effective date of this Agreerrient. B. ~~ESS PAY~t~N7', Foundation shall refund to pity within ten ~ 1 wark~ng days of ~~ty's request, any sung of money v~hich has been paid by pity and which pity at any time thereafter eter~nes: I } has resulted to overpayment to Foundation; ar has not been spent strictly in accordance with the terms of this Agreement; or 3} is not supported by adequate documentation to fully justify the expenditure. V. EvAI~~ATI~I~ Foundation agrees to participate in n implementation and maintenance systerr~ whereby the services can be continuously monitored. Faundatian agrees to make available its financial retards for revrew by City at 1ty"s d~scret~on. In addition, Faundatton agrees to provide pity the following data and reports, ar copies thereof: AlI external or internal audits. Foundation shall submit a copy of the annual independent audit to City within ten ~ 1 days of receipt. B. AlI external or internal evaluation reports. An explanation of any mad ar changes to program services. D. To comply with this section, Foundation agrees to maintain records that will rovide P accurate, current, separate, and complete disclosure afthe status offunds received and the services performed under this Agreement. Faundatian"s retard system shall contain sufficient documentation to provide 1n detail full support and~ust~~catlon for each expenditure. Faundatton agrees to retain all Page 2 of 7 F # ' books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreerr~ent far Iive years. E, Nothing in the above subsections shall be construed to relieve Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services prodded under this Agreement. I. Dn~ECTDR~ MFETINC During the term of this Agreement, Foundation shall deliver to 1ty copes of all nat1ces of meetings ofits Board ofDirectors,setting forth the time and place thereofwherein this program is a part ofthe subj ect rr~atter ofthe meeting. such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Foundation understands and agrees that City's representatives shall be afforded access tv all meetings of its Board of Director, Minutes of all meetings of Foundation's governing body sha11 be available to City within ten ~ 14}working days of approval. III, TE~.MINATI~N The City may terminate this Ag~reen~ent for cause if Foundation violates any covenants, agreements, or guarantees of this ,Agreement, the Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, ar the Foundation's v~olat~on of any law ar regulation to which ~t ~s bound under the terms afthis Agreement. The City may terminate this Agreement fvr other reasons not specifically enumerated in this paragraph. VIII. ~~JAL ~PP~RTNIT~Y AND OMPLIANCF IT,~I LAw A. Fau.ndation shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Foundation will furnish all information and reports requested by City, and will permit access to its boobs, records, and accounts for purposes ofinvestigation to ascertain compliance with Local, state and Federal rules and regulations . In the event of Foundation's non-corr~pliance with the non-discrimination requirements, the Agreement rr~ay be canceled, terminated, or suspended in v~rhole or in part, and Foundation may be barred frarn further contracts with City. . I, wAR.~ANTTE Foundation represents and warrants that; Page of 7 Lm r ~ • All information, reports and data heretofore ar hereafter requested by pity and furnished to pity, are complete and accurate as afthe date shown an the infarma#ian, data, or report, and, since that date, have not undergone any stgn~ficant change without written natlce to ~~ty. B. Any supporting f inancial staterr~ent heretofore requested ~y pity and furnished to pity, are complete, accurate and fairly reflect the financial conditions of Foundation on the date shown on said report, and the results afthe operation far the period covered by the report, and that since said data, there has been no material change, adverse ar otherwise, ~n the f lnanc~a~~ cand~tlan of Foundation. . Na litiatian ar legal proceedings are presently pending yr threatened against Foundation. D. None ofthe provisions herein contravenes or is in conflict with the authority under which Foundation is doing business ar with the provisions ofany existing indenture ar agreement of Foundation. E. Foundation has the power to ~ enter into this Agreement and accept payments hereunder, and has taken all necessary action to authari~e such acceptance under the terms and cand1tlons of this Agreerr~ent. F. None of the assets of Foundation are subject to any lien ar encumbrance ofany character, except far current taxes not delinquent, except as shown in the financial staterrlents furnished by Faundatian to pity, Each afthese representations and warranties shall be continuing and shall be deemed to have been repeated by the subrrxission of each request for payment, HANCE AND AENDIVIENT A. Arty alterations, additions, ar deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood ar~d agreed by the parties hereto that changes in the state, Federal or local laws ar regulations pursuant hereto may occur during the term ofthis Agreement. Any such modifications are to be autarriatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement an the effective date specified by the law or regt~latian. . Foundation shall notify pity of any changes in personnel or governing board composition. ~I. INDEII~N~'IATI~N Page4of7 i 1 . ~ To the extent authorized by law, the Foundation agrees to indemnify, held harmless, and defend the CITY, tts officers, agents, and employees from and against any and all claims or suits for injuries, damage, lass, or liability of whatever kind ar character, arising out of ar in connection with the performance by the Foundation ar thoso services contemplated by this Agreerrient, including all such claims or causes of action based upon canon, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent ar intentional acts of Foundation, its officers, employees, agents, subcontractors, licensees and invitees. III. ~NF~YT ~F INTEREST A. Foundation covenants that neither it nor any rrzerriber of its governing body presently has any interests direct or indirect, which would conflict in anyinanner or degree with the performance of services required to be performed under this Agreerr~ent. Foundation further covenants that in the performance ofthis Agreement, no person having such interest shall be employed or appointed a a member of its governing body. B. Foundation further covenants that ~ no member of its governing body or Its staff, snbcontractars or employees shall possess any interest in or use his~her position far a purpose that is or gives the appearance ofbeing inativated by desire far private gain for hirriselflherself, ar others} particularly thane with which helshe has family, business, or other ties. . Na officer, rriember, ar employee of ~1ty and na member of its governing body who exercises any function or responsibilities 111 the review or approval ofthe UndertalCing o~ carrying alit of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest ar the interest in any corporation,partnership, or association in which he has direct or indirect interest. VIII. N~TIE Any native or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United states mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsinlile, addressed to Foundation or pity, as the case may be, at the following addresses: CITY FOUNDATION pity of Denton, Texas Denton Festival Foundation ttn; pity Manager ~ carol short Z 15 c~,inney Festival coordinator Denton, T 7~2a 1 P.~. $ox ~ l a~4 Fax Na. 94~.~49.5591 Denton, Texas 7~~0~-104 Either party may change its mailing address by sending native ofchange of address to the other at the above address by certified mail, return receipt requested. Fage5af7 w y M ~ ~I~. MIS CELLANE~U Foundation shall not transfer, pledge or ather~rise assign this Agreerr~ent or any interest therein, ar any claret ar~1ng hereunder to any patty ar parties, bank, trust company or other financial ~nstitutian without the pnor written approval of 1ty. ~f any provision afthis Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full farce and effect and continue to conform to the original intent of bath parties hereto. In no event shall any payment to Foundation hereunder, or any other act or failure of pity to insist in any one ar more instances upon the terms and conditions ofthis Agreerrient consti- tute ar be construed in any way to be a waiver by pity of any breach of covenant ar default which nay then or subsequently be committed by Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, pnvllege, ar remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specif tally preserved. Na representative ar agent of pity may waive the effect ofthis provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other coitrrient occurring during the term of this Agreement, or subsequent thereto, have any legal force ar effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement, E. This Agreerrient shall be interpreted in accordance with the laws of the state ofTe~as and venue of any litigation concerning this Agreement shall be in a court afcampetent jurisdiction sitting in Denton bounty, Texas. IN wITNF wH~RE~F, the parties dv hereby affix their signatures and enter ~nta this Agreerrient as of the ~ day of , ~a~5, CITY F DNT~N} TE.A BY; PERRY R. N~clILL ,1ViAY~ Page ~ of 7 r # ~ } M ATTEST, JENNIFER ~VALTE~, CITY ~ECI~ETAR~' ~Y: APPROVED A T LEGAL FARM; E~~ NYDER, CITY ATTORNEY BY: FUNDAT~ON BY: AIOL HOST FESTIVAL OORDEVAT~I ATTEST; Bl~: SECRETARY Page 7 of 7 L~~ AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one 14 yard dump truck for the City of Denton Parks Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3684- Interlocal Agreement for the purchase of a Dump Truck for the Parks Department awarded to Rush Truck Center of TX in the amount of $116,149). FILE INFORMATION This acquisition is for the motor pool replacement of a similar unit purchased in 1992 and no longer economical to maintain in the fleet. The unit will be primarily assigned to the Park Maintenance and Construction Division. The Peterbilt cab/chassis is powered by a 330 horsepower Cummins diesel engine that meets or exceeds all current EPA requirements. Funding for the unit was approved in the 2006-2007 budget process. RECOMMENDATION Award to Rush Truck Center of TX in the amount of $116,149. PRINCIPAL PLACE OF BUSINESS Rush Truck Center of TX Irving, TX ESTIMATED SCHEDULE OF PROJECT The Peterbilt cab/chassis is scheduled for production the last week in February. Installation of the dump body can be completed within 30 days. FISCAL INFORMATION This unit will be funded from a third party 60-month lease/purchase agreement approved by Council on November 7, 2006, Ordinance 2006-314. Agenda Information Sheet January 9, 2007 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Rush Truck Center of TX~ Note: The quote references three 14-yard dump trucks. Two units are pending PUB approval and will be presented to Council at a later date. 1-AIS-File 3684 Attachment 1 and Rush Tru~l~ Centers a~ T w~~ Hoiiaway Buy~o ~e follQ~i~g devils shah be provided pith Qny ~t~yBoad~urchase order fax Purchase Order to {8a~}~~1-545 Prepared By: dal Solloway _ _ BuyBvard Vendvx. Rash "ruck Center of TX Vendor phone: 8i?-X47-I494 [Address ta:~ 5151. Loo ~Z Vendor Fax: 972-755-3475 ~r~►ing, T~ 7541 Vendor Tall Free BbG~~48-8531 ~ Date Prepared ove~-nment Agency: Benton, City o~ _ _ Gov. Agency [S~rp tn:~ 941 Texas ~BIU to.a _ ~enton, T~'~520 Contacts Marne: Gov. Agn. Phone No: A. Fax No: ~ } Product Descriptions ~ I: BuyBoard Contra+ 248-~4 Price List: ~424~ Base Price 7,'749.44 Base $id Cptians: {Ite Below} ~ * - ~ ~ - ~ ~ _ * ~ - * ~ ~ - * ~ _ * ~ - ~ ~ $ - * ~ _ ~ $ - ~ _ * - ~ ~ _ ~ - ~ ~ _ ~ ~ ~ - * ~ - * $ - ~ ~ _ * - ~ ~ _ ~ $ - ~ ~ _ ~ ~ ~ * ~ - ~ ~ y * ~ - ~ubtotal - * subtotal ~ ~Z,845.44 . Unpublished Cp~ons added to Canc# Price ~uhtotal of Co. I Col 2} ~~,8~.40 Unpublished ~4mount {°Io} EACI~ VI: Ur~tt fast with Discat ~ X9,4.00 Freiit $ t,00.~ Syr 1200K engine a~ran~y ~ ~ ~,37~.44 _ Aron ETC Syr 1,694.4 9U days floor ~~r Body ins#all ~,~34•Q0 ~x Body w! bilift gate, buck plate, air Electric air close Fintle, vxbxatar ~ t,'7~0.04 VIII: Trade-in or other Credi#~s} V~: Qnaatity ordered Units. 3 , x TTAY., ~~TR~~A~ P1~I~E ~~TJDIN VZI ~ VIII ~ 3~s,4~7.Qo Ch~sis Del~lvery ~o ~3ody Company pays A~~ F~~ a~ ~~rha~e ~der~ to ~uyvr ~~1-5A~4 i ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ONE 14 YARD DUMP TRUCK FOR THE CITY OF DENTON PARKS DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3684-INTERLOCAL AGREEMENT FOR THE PURCHASE OF A DUMP TRUCK FOR THE PARKS DEPARTMENT AWARDED TO RUSH TRUCK CENTER OF TX IN THE AMOUNT OF $116,149). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3 684 Rush Truck Center of TX $116,149 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract 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 Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~s~ 3-ORD-F . AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for architect or engineer by and between the City of Denton, Texas and the firm of Freese and Nichols, Inc. to provide engineering services associated with water distribution system master planning in a lump-sum amount of $200,000; Authorizing the expenditure of funds therefore; and providing an effective date. The Public Utilities Board recommends approval (7-0). BACKGROUND Water distribution system master planning is used for a variety of purposes in a water utility to manage growth and budget for capital improvements. The primary uses for a water distribution system master plan include: 1. Identifying water transmission pipeline, storage and pumping improvements for inclusion in the Water Utilities 5 year Capital Improvements Program or 10 year Impact Fee Capital Improvements Program. 2. Identifying future waterline sizes for developer oversize participation agreements. The development of a water distribution master plan requires the use of computer modeling to simulate existing conditions and proj ect future conditions. Shimek, Jacobs and Finkela performed the last water distribution system master plan in 1997. This master plan was updated in 1998 as a part of the implementation of water and wastewater impact fees. This master plan also was also used to develop the impact fee capital improvements plan for the impact fee update that was approved in 2003 but will not be adequate to serve this purpose for the impact fee study update (required by state law every five years) in 2008. Staff has researched several local engineering firms' qualifications to perform this project and selected Freese and Nichols, Inc., from Fort Worth due to their extensive work experience in this area as well as their familiarity with the City of Denton's water distribution system. The firm's prior experience with performing these studies along with the proposed project team and their resumes are included as Exhibit 1 in the agenda backup. The proposed scope of services and estimated fees are also included in the Professional Services Agreement Exhibits 2 Staff has also completed a thorough analysis of the computer models commercially available and selected a software program that is used by the maj ority of the cities and engineering-consulting firms in Texas. The city will purchase this software for their own internal use after the proj ect is completed and the proposed scope of services with FNI includes staff training after the model has been developed and calibrated. OPTIONS 1. Approve the Professional Services Agreement. 2. Request changes to the Professional Services Agreement. 3. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Freese and Nichols, Inc. in the lump sum amount of $200,000 for Engineering Services associated with Water Distribution System Master Planning. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board during its December 11, 2006 meeting. The Board recommends approval 7-0. (Meeting minutes included as Exhibit 3). FISCAL INFORMATION A total of $150,000.00 was originally budgeted in Water Administration's FY 2006 0&M budget for this project. Staff began researching engineering consultants to perform this type of work earlier last year and realized that additional funds would be needed to cover the cost of this proj ect and transferred an additional $100,000.00 from several Water Department's FY 2006 0&M budget accounts to cover the anticipated shortfall. The PSA does not include the purchase of water distribution system modeling software. This will be purchased by the Water Department under a separate purchase order. The estimated cost of the software is approximately $15,000.00. BID INFORMATION Not applicable. EXHIBITS 1. Qualifications Statement from FNI with Proposed Project Team Member Resumes 2. Professional Services Agreement 3. December 1 1, 2006 Public Utilities Board Meeting Minutes. 4. Ordinance Respectfully submitted, - Jim Coulter, Director WWW Prepared by: ~ FfSr ~ lr ~ ' I S Tim Fisher, Assistant Director Water Utilities statement • • engineering services r, ~ o en on November 21 2006 ~ ~ ~ 4 L P a 1 ~1 + t1 I N 1 ~ i. ~ ~ p WI i ~ ~ i ~ 1 ~ @ a 1 ~ ~ r ~ rt't ~ ~Xnlnli i 1 F~girreer~ Ernriranmer~l cien a . 4055 International Plaza, Suite 200 FortWorth, TX 76109 817 735-7300 817 735-7491 fax www.freese.com November 21, 2006 Tim Fisher, P.E. Assistant Director Water Utilities 901-A Texas Street Denton, TX 76209 Dear Mr. Fisher: Freese and Nichols realizes that the City of Denton must prepare for future growth of surrounding cities to find solutions for its water distribution system. In order to achieve this demand, we are aware thatthe City must: l) compile a plan for required infrastructure that will allow for distribution to high-growth areas, 2) evaluate pressure plane delineation to efficiently optimize system operations in varying topography, and 3) evaluate the current Capital Improvement Program (CIP) budgetto include pump stations and storage facilities forimprovements and expansion. The enclosed statement of qualifications outlines how Freese and Nichols can assist the City with reliable and cost-effective solutions for future development. Freese and Nichols has completed more water and wastewater hydraulic studies for cities than any other consultant in Texas during the past 10 years. As a result, Texas municipalities recognize Freese and Nichols as the expert in water and wastewater systems and rely on that expertise and professionalism toprovide innovative, cost-effective solutions for system planning, design and renovation. Freeseand Nichols hascompleted morethan 40 water distribution studiesand masterplans and related Capital Improvement Plans for a wide range of municipalities across Texas. Please see Page 4 for additional information. Freese and Nichols' project team members will use their cutting-edge expertise in the modeling technologies to provide you with reliable and accurate data throughout the project. Freese and Nichols is an industry leader in the integration of municipalities' Geographic Information Systems (GIS) into water models tocreate aneasy-to-update, single-source databaseforyourdistribution systemsand real-timeSCADAanalysis. See Page 17 for resumes and additional information. We look forward to visiting with you again in the days ahead. In the meantime, please contact Scott Colewith anycomments orquestions at(817) 735-7255 orsac freese.com. Sincerely, Thomas Haster, P.E. Scott Cole, P.E. Principal-in-Charge Project Manager Innovative approaches practical results Page 1 Water System Master Planning Statement of Qualifications Prepared for the City of Denton About Freese and Nichols reese and Nichols is amulti-discipline firm Freese and Nichols has completed more water and offering an integrated menu of engineering, wastewater hydraulic studies for cities than any planning, architectural, environmental and other consultant in Texas during the past 10 years construction phase services to municipal, private, (see map below). our project team members take public, military and other government clients pride in consistently demonstrating acutting-edge throughoutTexas and surrounding states. expertise in the most recent modeling technologies. Freese and Nichols pro'ect Ex erience and Freese and Nichols is Fort Worth-based with offices has been the ~ P _ in Austin Dallas Garland Houston Houston Area References, Pages 416 trusted advisor for Freese and Nichols' Pearland, McKinney and San Antonio. North Texas cities Professionals, Pages 17-26 since 1894, and Contact: our master planning staff members -all grounded Scott Cole, P.E. Thomas Haster, P.E. in solid design principles -have become many of our Project Manager Principal-in-Charge clients' most valuable resources in managing their (817) 735-7255 (817) 735-7238 limited share ofTexas' most precious resource sac@freese.com th@freese.com water. ~ - ■ 4 ,,'.N i • - _ I I 4~. { h+ 1 .f T LI ~ We enjoy working with the Freese N ' I _a 1 and Nichols Water/Wastewater Staff ~ _ - ~ , 1- ~ because we truly believe that they ~ . ~ 1,. ~ ~ ~ x~ ~ f ~ _ ~ ~ T 4 I ~ li t ~ ~~i are interested in giving us the best ~ _ ~ ~ r ~ - - mostprofessional product possible." ~ I .~4 J .r r- ~ ~t' -Mr. Ed Ilschner Public Works Director (retired) ~ I ~ t City of Keller - 5 - ~ ~ ~ Innovative approaches practical results Page 2 Freese and Nichols' Relationship with the City of Denton We are aware of issues related to the City's water distribution system. We are prepared to assist with cost- effectiveand innovative, yet reasonable, plan to allow for future growth and increased demands on the City's water system. Potential for high growth: The growing population of the metroplex poses challenging circumstances for distributing water to Denton and surrounding high-growth areas. We understand the City needs a plan for required infrastructure that will allow for supported growth and distribution in the coming years. Evaluation of pressure plane delineation: Due to varying topography in the area, we will face challenges on how to most efficiently optimize system operations for future use and we will provide solutions to best serve the area. Pump stations and storage facilities: With increased growth in the area, we recognize the need to evaluate the current Capital Improvement Program (CIP) budget to be inclusive of pump stations and storage facilities to adequately plan for improvements and expansion. ASampling of Freese and Nichols Project _ _ Experience with the City of Denton includes: I y~ k { ~ ~ - Lake Ray Roberts Water Treatment Plant - ' _ ~ ~ , Lake Ray Roberts 54-inch Pipeline a I I r ~ ~ Loo 288 Water Pi eline _ ~ ~ p p I ' ~ _ ~ Clear Creek Sewer Pipeline , ~ ~ - Spencer Water Treatment Plant = - 5 Development of Construction Plan Reviews I I I I 1 Y ~ , + r North-South Waterline _f ~I I I ~I f I ~ 1 t I 1 I 1 5 ~I 11 4 J L I ti M 1~, 14 - . ~ I I I ~ 5 ' f ~ I I• I r ~ I ! C i ` ~ I + ~ Ir ~ . ,a i _ ~ ~J ~ J I ` I .V - - r~ - I r M 1 - - - * z s - r= ~ s Innovative approaches practical results Page 3 Water System Master Planning Statement of Qualifications Prepared for the City of Denton Project Experience Featured Projects Water Distribution System Master Plan and Water Age Modeling City of Fort Worth Water Distribution System Study and Unidirectional Flushing Program Development City of Arlington Water Distribution System Master Plan City of Garland Water and Wastewater Master Plan and Impact Fee Study City of Mansfield Water and Wastewater Master Plan and Capital Improvement Plan Study City of Frisco Water Distribution System Master Plan City of Grand Prairie City of Abilene Water Master Plan Update and Initial Distribution System Evaluation Jacob & Martin, LTD Water Distribution System Evaluation City of Wichita Falls Water and Wastewater Master Plan City of North Richland Hills Innovative approaches practical res~lis Page 4 Water Distribution System Master Plan and Water Age Modeling City of Fort Worth Reference . Thomas Haster and Jessica Brown have Frank Crumb, P.E. never been reluctant to evaluate additional Director of Water Department alternatives to solving our water distribution 1000 Throckmorton problems. We are relying on their expertise to Fort Worth, TX 76102 develop shortandlong-term solutions to our 817 392-8243 high growth distribution issues." ( ) -Frank Crumb, P.E. Director ofthe Water Department Software City of Fort Worth H 20MAP Water, ArcMap GIS evaluate developments in the service area and In 2004, Freese and Nichols prepared a Regional consider ossible scenarios that could affect . p Water D~str~but~on Master Plan for the City of the water distribution s stem. y Fort Worth that will take the City from its current An Initial Distribution S stem Evaluation y population of nearly 700,000 to its projected 2025 IDSE that will enable the Cit to be in ( ) y population of 1.4m~ll~on. com liancewiththeu comin Phase2 p p g Disinfectant By-Product Rule. The comprehensive, 20-year CapitalImprovement AStrate is Plannin Document that outlined g g Plan (CIP),wh~ch calls for about$1.2 b~ll~on~n improvements, also will allow the City of Fort Worth to extend water service to surrounding Tarrant, Parker, Johnson, Denton and Wise Counties. Freese and Nichols Deliverables Freese and Nichols provided the City with: • The 20-yearCIP that addresses schedule; sizing; project costs; and a detailed list of benefits for development of four new pressure planes, two new water treatment plants, expansion of existing water treatment plants, hundreds of new waterlines and 12 new elevated storage tanks. • Acalibrated H20MAPwatersystem modelthat combined nine models of individual pressure planes into a single H2OMAP Water model that represents the entire region. • A water age model that addresses water age throughout the system, including transfers through pressure planes at storage facilities. • An H20MAP Model Operations Manual that will enable the City's Water System Modeler to city of Fort Worth Existing and Proposed Pressure Planes effectively use the model as a working tool to and CapitalImprovement Plan Innovative approaches practical results Page 5 aroadmapforthefollowingfiveareas:l) policy, and5)watersystemvulnerability. future water system service areas, 2) raw water system supply, 3) water extension Water System Reliability Assessment policy, 4) wholesale customer policy, and 5) Freese and Nichols prepared modeling scenarios water system vulnerability. and capitalimprovementplansthatpreparedthe City to withstand a water treatment plant failure Innovative Approaches and still maintain service for Average Day Water Water Age Modeling Demands. Freese and Nichols performed water quality modeling using historicalSCADAdatatoidentify GA Optimization Analysis areas with long residence times in the system. Freese and Nichols applied the Genetic Algorithm (GA) to conduct an Optimization Analysis of waterlines projected for 2025 to maximize the value of piping to be installed to meetthose demands. Water Age -Hour 48 Water Age -Hour 96 Using the model results, Freese and Nichols proposed system improvements and operational changes that will reduce water age in the system and solve chronic, low chlorine residuals and positive bacteriological test results. Strategic Water Plan In addition to the Water System Master Plan, Freese and Nichols developed along-term Strategic Water Plan, involving an Advisory Committee thatincluded majorcustomergroups: retail and wholesale users, developers, larger users and existing interior neighborhoods. The plan identified critical focus areas that would require policy decisions. Those areas included: 1) future service areas, 2) raw water supply, 3) water extension policy, 4) wholesale customer Innovative approaches practical results Page 6 Water Distribution System Studyand UDFProgram Development City of Arlington Reference "Freese and Nichols did an excellent job Julie H unt, P.E. on our Water System Master Plan." Director ofUtilities -Fiona Allen, P.E. P.O. Box 231 Deputy City Manager City of Arlington Arlington, TX 76004 (817} 459-5908 n~a ~z.a ~~z~~r r,r,~T~,~ ~ PROP J J~ ~ ~ i LEGEND uP [F PR6wiE PIMi[ J LUVw FFESiuR PWU[ Software PRaPa~NZO~~=~~ M~~M~ H2ONET, H2OMAP Water, ArcMap GIS ~ ~w, a ~u E~~~a~~~~o ~ F_ ~-,r~ i F~., Freeseand Nichols recentlyprepared a - - ~ . ~F -1 r comprehensive Water Distribution System Master ~ ~ ' ,~L' ~ ' k ~ ~ '''~i r~ Plan and a Unidirectional Flushin UDF ro ram ` ~ ~ ~ ~ ~ for the City of Arlington, which serves about 350,000 ~ ~ ~ ~ ~ people. - ~ ~ ~ Freese and Nichols Deliverables ' ~ ~ ~~~~~=~r~~~~' 'r I Freese and Nichols rov~ded the Cat with: ~ ~ ~ - ~ 1-- ~ = L~ - ~ ~ ~ p y ~ .r ~ a_ • A detailed Capital Improvement Program for five- ~ ~ ~ ~ ~ ~ ~ ear 10- ear and build-out conditions. ` ~ ~~F-~ ~ ~ ~ ~ ~ y y _ ~ , ~ ~ . An H 20N ET-calibrated water distribution s stem ~ ~ ~ ~ ~ r ~ ~ ~ ~ y ~ ~ ~ ~ r ~ r~ ~ model that ut~hzed the City s GIS network and ~ - , ~ - ~ - showed optimum pressure plane boundaries for : ~ ~ ~ ~ ~;1=, - minimizing energy costs. ' ~ ~ ~ ~ ~ ~ _ ~ • A water ualit model that anal zed water a e j ~ ~ a q y y 9 and chlorine residuals throughoutthe system. ~ • Training for the City's staff to use H2ONET software and the H2ONET Skeletonizeradd-on acka e. Proposed buildout of water distribution system for the p g City of Arlington • AWaterSystem ModelOperationsManualthat outlines how to use the model to evaluate takes advantage of the system attribute data, and develo ments in the service area and consider provides the City with a single, complete data source p ossible scenarios that could affect the s stem, for its water system. p y . To makethemodeleven moreworkable, Freese and Innovative Approaches . . Nichols developed a th~nn~ng algorithm that reduced Integrating H2ONET Model with the City s GIS System . the total number of lines ~n the GIS database from To create a comprehensive, user-friendly water . about50,000 elementstosl~ghtlymorethan 4,000. d~str~but~on system model, Freeseand Nichols used H2ONET modeling software to fully integrate the Water Quality Modeling City's GIS system. Freese and Nichols used the fully calibrated distribution system model to identify areas with high Incorporating the City's GIS data enhances the water age and low chlorine residuals. system model for updates and future calibrations, Innovative approaches practical results Page 7 Freese and Nichols then recommended operational flushing oftheUDF-identified portion of its water modifications and capital improvements that system. eliminated deadends and storage turnover problems. Unidirectional Flushing The Hosemonster helps avoid damage to landscape and traffic problems during UDF flushing, which improves water quality and reduces overall water usage. Freese and Nichols also completed a Unidirectional Flushing (UDF) program to resolve chronic water age problemsin selected areas. UDFisa proactive, systematicapproach toimprove water quality using a highly structured methodology that consists of sequentially flushing designated pipe sections, usually those serving older, less-used areas ofthe city. Freese and Nichols developed a UDF program for the City of Arlington to help solve the City's low residual problems in the Great Southwest Business District. Awell-planned UDF program breaks down and organizes a large, underperforming section of a water distribution system into manageable Flush Groups (largerareas) andthen Flush Sequences (smaller groups). The program begins flushing near the source of the system and works its way out to the periphery. Freese and Nichols used the City's GIS information to establish the f lushing sequences and the Arlington H 20N ET water model to verify that flush sequences were achieving the necessary flushing velocities to scour and clean the water lines. The plan allows the City of Arlington to conduct periodic, regular Innovative approaches practical results Page 8 • • • W rD~ r> > nS m M rP n ate st but o yste aste la ' ~ ~ Cit of Garland Reference "Freese and Nichols did a great job on our Jack May distribution study. The calibration was Managing Director; Water, Wastewater and Facilities much better than our previous work and Management their recommendations were reliable. 2343 Forest Lane They prepared an informative and concise presentation for the City Manager, who Garland, TX 75042 approved all the recommendations. hook (972) 205-3203 forward to doing more work with them." -Jack May Software Managing Director; Water, Wastewater and H2OMAP Water Arcview GIS Microstation AutoCAD Facilities Management ' City of Garland Freese and Nichols utilized the City of Garland's AutoCAD mapping system to build an H2O MAP water model that served as the basis for a Water Master Plan and related Capital Improvement Plan (CIP). The plan addresses the City's growth and prioritizes system renewal in older portions of the City. GIS Integration Freese and Nichols worked closely with the City of Garland's staffto transition from a schematic model to an AutoCAD-based water model that provides a - single source for distribution system data. Freese and Nichols outlined criteria neededforafull- service model, then worked with field crews to City of Garland elevated storage evaluation of collect and update system information. The exercise redelineation of east and west pressure planes created amore up-to-date water system network and under an elevated storage variance from the Texas built a more accurate model that served as the basis Commission on Environmental Quality (TCEQ); for the City's Water Master Plan. however, the lack of elevated storage created an inefficient, difficult to operate distribution system. Pressure Plane Delineation Freese and Nichols' analysis determined the optimal During field testing to calibrate the water model, location for a new elevated storage tank and Freese and Nichols discovered the City's pressure recommended an option that worked well within the planes were not entirely isolated. Freese and Nichols existing and future distribution systems. developed a systematic procedure for finding open valves and adjustingoperationstomanagethenewly Pump Station isolated pressureplanesand evaluatedthepressure Freeseand Nicholsidentifiedimprovementsto plane delineation to determine changes needed to expandtheCity's Broadway Pump Station, one of improve pressures. the City's larger pump stations, from 25 mgdto 60 mgd to improve overall system operations and Elevated Storage efficiencyandtoallowpumpingforboth eastand The City of Garland operated its water system west pressure planes. Innovative approaches practical results Page 9 Water and Wastewater Master Plan and Im act Fee Stud p ~l Cit~ofMansfield Reference - ~ - Steve Freeman, P.E. Public Works Director i ~ 1200 E. Broad Street Mansfield, TX 76063 (817) 276-4200 Software - InfoWater, H2OMAPSewer, ArcMap GIS Freese and Nichols prepared a Water and Wastewater - - r~ .r Master Plan and conducted an Impact Fee Analysis - for the fast-growing City of Mansfield, integrating ~ ~ ~ ~ - the City's Geographic Information System into the model toprovide asingle-source database for the City's collection and distribution system. The model was the basis for the master plans that outlined Cit of Mansfield Water Master Plan Y CapitalImprovementPlans (CIPs)for2010, 2015 and ultimate build-out. treatment plant, looking at the redelineation of the pressure planes as Mansfield's service area expands Freese and Nichols worked closely with City staff and new water system improvements are to developan accuratedistribution oftheexisting constructed. Freeseand Nicholsconducteda population using aerials and GIS land-use data. detailed demand vs. capacity analysis for each Future projectionsweredevelopedthrough a pressureplane, pump station and storagefacility workshop with the City's Planning and Public Works to determine phasing of improvements as shown in staff using the future land-use plan and information Figure 1(below). on pending developments.Waterdemandsand ,°1~,5UMGD 12 mgd , ~ Alta Vista 2002-18.0 MGD 2005 25.0 MGD 2007- 28.0 MGD 12 mgd @ Alta V~sra 6 mgd @ Katy wastewater loads were distributed in the model - 2°'1-3°°MGD "mgdv`PearS°° 9 mgd @ Alta Vista 9 mgd @ Alta Vista 12 mgd @ Alta Visfa 12 mgd @ Peason 5 mgd @ Peason ~ 12 mgd @ Pearson 12 mgd @ Peason I 6 mgd @ Katy using GIS. 4mgd@Katy 4mgd@Katy 4mgd@Katy 35.0 35 '.2001- 16.0 MGD 30.0 9 mgd @ Alta Vista I 30.00 30 5 mgd (r~ Peason Water Master Plan 2~d~° K~ty ~ ~o~° 25.0 26.00 25 Freese and Nichols identified other water Certificates 114,660 :1998-14.0 MGD coM. • • • • , v 20.0 5 mgd @ Peason a - 20 of Convenience and Necessity (CCNs) ~n Mansfield s 20.20 is.oo ex~st~n and future service area. This assisted the ~ l50 ~ 11,600 l5 g ~ 11,600 coon. v 14.97 16.50 coM. City in developing a plan to pursue sole or dual CCNs w 10.0 940° 1o,s6a 10 COM. COI°I. in those areas to ensure equity of service throughout 5.0 5 the City. 0.0 0 1998 2000 2002 2004 2006 2008 2010 2012 2014 2015 2016 1 C Year (Buildout) The p r o J e Cte ~ b u I lbl o u t water ~ e m a n ~ J e x ~ e e ~ the ~ Ma~mum Daily Demand (MGD) Water Supply Capacity Red Test. Expanded Pump Station original build-out capacity of the existing water Fi ure 1: Water Demand vs. Munici ali Anal sis . 9 p tY Y treatmentplant.Asa result, Freeseand Nichols evaluated the optimal site for a second water Innovative approaches practical results Page 10 Waterand WastewaterMaster Plan and Ca italIm rovement Plan Stud p p ~l Cit of Frisco Reference _ Ciss S lo, P.E. ~ ~ yy Director of Engineering Services 6891 Main Street Frisco, TX 75034 (972) 335-5585 ext. 131 Software 5 H2OMAP Water, H2OMAP Sewer, ArcMap GIS 'S I + Freese and Nichols integrated the City of Frisco's ~ - - GeographicInformationSystem (GIS)intoitswater - r and wastewater models to create a strategic tool for ~ ' ~ effectively addressing the City's unparalleled growth. ~ ~ - Thepopulation ofthe City of Frisco, according to ~ ~ i - the North Central Texas Council of Governments City of Frisco Water Capital Improvement Program currently is 73,900 and is projected by NCTCOG to pressure plane to serve the City's rapid growth areas. triple to 227,911 duringthenext25years. Freese and Nichols also evaluated areas for new The models are the basis for water and wastewater elevated storage tanks, giving the City more master plans to build a comprehensive $190 million, flexibility in purchasing land, especially in more five-year and 10-year Capital Improvement Plan developed areas. (CIP). With the use of H2OMAP Water and H2OMAP Sewer software and the incorporation of GIS, the Wastewater Master Plan models are easily updated to accurately reflect The wastewater system assessed the need for the continuously changing water and wastewater anew north wastewater treatment plant and systems. evaluated and developed a plan to construct new sewer interceptors throughout each basin. The The resultingCIPidentifiessystemimprovements interceptors would be designed to replace existing required for growth, system reliability and lift stations and shift the load of peak wet weather eliminating existing deficiencies and is phased in flows from the existing wastewater treatment plant. multiple bond programs. Freese and Nichols conducted aweek-long model Freese and Nichols hosted a workshop for City staff training for City employees for using the H2O Map to select the software most compatible with Frisco's Water and Sewer software. Freese and Nichols also GIS database, demonstrating and applying modeling developed an operation manual to assist Frisco's software alternatives untilCityrepresentatives hydraulic modeleron the layoutofthe models, were fully informed to make the decision that best the model runs and the various scenarios to be addressed their modelingand budgetaryneeds. addressed, aswellasto providetheCityof Frisco with a tool to evaluate new developments within the Water Master Plan City. The water system study outlined the expansion of two pressure planes and the creation of a third Innovative approaches practical results Page 11 Water Distribution S stem Master Plan City of G ra n d Prai ri e w "The staff was f lexible and easy to work with. Reference Thomas Haster does a great job at this. Best I've Ron McCuller ever worked with. Have all of your staff emulate Director of Public Works Thomas Haster's attitude, responsiveness and P.O. Box 534045 professionalism." Grand Prairie, TX 75053 -Ron McCuller Director of Public Works (972) 237-8066 City of Grand Prairie Software As part of the water system master plan, Freese and H 20N ET, WaterCAD, Arcv~ew GIS, AutoCAD . Nichols determined that, based on future water demand projections, additional transmission Freeseand N~cholsdevelopedacomprehens~vewater , capacity was needed at the City of Grand Pra~r~e s d~str~but~on system master plan to address water . north and south delivery points from the City of system improvements for five-year, l0-year, l5-year . Dallas. These system improvements alleviated system and bu~ldout cond~t~ons for the City of Grand Pra~r~e. . bottlenecks and allowed Grand Pra~r~e to max~m~ze The plan also assisted the City with Cert~f~cate of the use of the lower-cost South Dallas water supply. Conven~enceand Necess~ty(CCN)~ssuesandshort- term improvements to meet fast-growth needs in the ~ 11 southern portion of the City. The resulting Capital 720 PRESSURE 11 Improvement Plan (CIP) showed a needfor$20 ZONE million in system improvementsforthe nextl0-year 11 _a per~o . z.o Inc 2 Traders Village Elev. Tank Elev. Tank Freeseand Nicholsdevelopedthedistribution 9 2 z°k~Wa«I°` 15 system model using H2ONET modeling software 14~ and inte rated the Cit 's GIS to ive the Cit a 8 9 y 9 y single water system data source to ease future model updates and calibration. FreeseandNichols 8 calibrated the model usingSCADAandextensive 18 ~ 12 field hydraulic testing for flow, pressure, chlorine 6 residual, ammonia, HPC and pH in each of the City's 5 pressure planes. 5 Freese and Nichols followed up the master plan with a water model operations manual for the City's staff and conducted a software workshop to train City 8 staff on how to use the H2ONET model. 5 X20 As a result ofthe studies, Freese and Nichols PRESSURE identified system improvements to minimize long ZONE ~oEPOO~ ~.~hE travel times and to increase elevated storage cycling. City of Grand Prairie Water System Capital Improvement Plan Innovative approaches practical results Page 12 City of Abilene Water Master PlanUpdateandInitialDistribution System Evaluation ~ Jacob & Marti n LTD Reference identify hydraulic deficienciesandtodeterminefire Rodney Taylor flow capabilities. The firm developed water system Assistant Director of Water Utilities improvementalternativesbased onthe hydraulic model 555 Walnut Street results to accommodate future retail and wholesale Abilene, TX 79601 growth for five-year, l0-year and 25-year conditions. (915) 676-6452 The hydraulic analysis consisted ofanevaluation of pumping and storage capacity and system reliability. Software The firm developed and presented a phased Capital H 2OMAP Water, ArcMap GIS Improvements Program (CIP) including cost estimates and mappingin aWaterMasterPlan Updatereport.The The City of Abilene engaged the services of the team of CIP and report was then presented to City Council for Jacob & Martin and Freese and Nichols toconduct a Wa- approval. Freese and Nichols conducted athree-day ter MasterPlan UpdateandInitial Distribution System computer modeltrainingsession toeducate Citystaff Evaluation (IDSE). Abilene has a retail service popula- on the use ofthe model. tion ofapproximately115,000peopleandalsoservesas a wholesale water providerfornumeroussurrounding ~ commun~t~es. The recentavera a da and maximum da ~ - g y y demands are around 20 MGDand32 MGD, respectively. A water distribution system model was constructed in ~ ' ~ y asooP ~sa~e3, H2OMAP software from the Ci 's water s stem GIS. De- s P mands were allocated to the model using customer bill- - - - - ingaccounts that were geocoded and spatially matched s,.s.,oaPR~a. zzaa~ using the GIS street centerlines shapefile. The extended ~ StaAe~~BPR LO~aEmM period simulation (EPS) modelwasthen calibratedfor 8]50 OtlSHrvy BO , a 24-hour period by comparing field pressure testing ~ , readings and SCADAdataversus modelresultsfortank L E_ ~9n~aE~a,ea - =FM,a levels, pump stations flows and system pressures. ~9 ~ ~ - P~masmoo ~o~=rNmo~ Five-year, l0-year, and 25-year population and water sa z=~w~~~s ss.,oaPR~a.~o~~ aazaa~~ a~aRa ~~~~o, - demand projections were calculated using historical . - a ~ , residential per capita and commercial per acre water ~ =s,,, usage. 63~~arow~Ra =~,oaPa~~v~a~~, ,==a a~a~ - _ ~ ,~Eaem~,FM~a~, The City ofAbilene selected to utilize the EPS modelto ~ ~ ~ ~GU~~ • • ~ , / DISTRIBUTIONSYSTEMSCHEMATIC prepare a System Spec~f~c Study Plan for compliance cITYOF~ILENE L~ MONITORING LOCATION MAP 9 ~maes~ ~~~a~,a~~~es P~ess~~P~ with the IDSE requirement of the Stage 2 D~s~nfechon LE°EN~ , amaes~ By-Products Rule. ~ 9~' aa~d~,9e, N ~ 9 gym, c ~ N~m ~~Pa~~ ti nem~wrP o Freese and Nichols used the calibrated EPS modelto City of Abilene Initial Distribution System Evaluation perform hydraulic analyses of the existing system to Innovative approaches practical results Page 13 4 y • • • • Water D~str~but~on System Evaluation City of Wi Chita Falls . _ Reference City's distribution system evaluation. Scott Taylor, P.E. Freese and Nichols utilized field recorded data from Director of Public Works digital pressure recorders and SCADA data to ensure 1300 7th Street the City's water model matched these "real world" Wichita Falls, TX 76307 conditions. Freeseand Nicholswouldcalibrate (940) 761-7477 the modelbyadjusting usage load allocation and pipeline roughness characteristics. Software H 2OMAP Water, ArcMap GIS - ~ ~ Freese and Nichols conducted a com rehensive water, p distribution s stem evaluationtoaddressthe uni ue P~~ ' y q - needs and growth patterns for the City of W~ch~ta ~ . - Falls. There were three arts of the evaluation that ~ p iiill~ were wrapped together into one streamlined capital ~ , _ ~ improvementplan.These partsinclude: l)priority based water system renewal program for aging ' existing infrastructure, 2) Water system capacity , anal sis for future five- ear 10- ear and 20- ear y y y y ~ planning periods, and 3) Waterqualityassessment - that outlines an action lan to restore s stem water - PE "P°~`~ ~ p y ~ T quality. - i FIGURE7 Model Evaluation and Selection Workshop ' CITY OF WICHITA FALLS Freese and Nichols conducted ahalf-day water model ~ PR~s°RETEL~'~°°°AT'°"S ~~a ~ ~ ~~~~e evaluation and selection workshop. As part ofthis ~ . P~~~ o~ s ea~na~,~a~ workshop, Freese and Nichols prepared a software f -s~aa~~~~~~ d ~i comparison that matches the following features with . . City of W~ch~ta Falls Pressure Testing Locations the City s needs and goals: • Hydraulicandwaterqualityanalysis Wholesale CoordinationMeetings • GIS integration and model updates Freese and Nichols coordinated meetings between • User friendliness Wichita Falls and its 10 wholesale water customers. • Results presentation This step is vital to evaluate the long-term regional • Energyanalysis needs of the City's water systemand ensurethat adequate capacity is being planned. Freese and GIS Integration and Modelcalibration Nichols sentoutsurveysto each customer requesting Freese and Nichols developed an H2OMap water information on the number of customers, service model using GIS data. Freese and Nichols utilized area, the need for future delivery point expansions City as-builts and existing AutoCAD mapping to and additions, and projected long-term water construct the GIS system's line work and populate needs for five-year, l0-year and 20-year planning attribute data. The exercise created amore up-to- periods. In addition to this survey, Freese and date mapping system that could be used to build a Nichols has conducted similar surveys in Fort Worth more accurate model that served as the basis for the Innovative approaches practical results Page 14 (27 wholesale customers) and for the North Texas Municipal Water District (44 customers). Water Quality Modeling Freese and Nichols performed water quality model- ing as part of the study to identify areas with long residence times and source blending during summer operation. Water age modeling also identified the Delphi longest travel time in each of the City's three Ares- PPG sure planes. Freese and Nichols utilized the results ~ Howmet Shepard Air Force Base of the water quality modeling to identify system and process improvements that could minimize long trav- A~Ired Prison el times, identify candidate areas for Unidirectional Flushing (UDF) and improve the overall distribution system water quality. Water Model Training and Operational Manual ~ ~~HousingAwtt~ority Freeseand Nicholsdevelopedan operationalmanual for the water system model specific to the City of United Regional. Wichita Falls moriel. This manual will serve as a guide ~y to assist cities that desire to maintain and o er- p ate their in-house water system hydraulic models. Midwestern State Freese and Nichols then trained the Cit staff on Vetrotex y s~ how to use the water model. This entails atwo-day CertainTeed training session every other week for six weeks, for a State Hospital total of six training days. The model training iscon- ducted atthe City with laptops for each person for a more hands-on experience with both the software EIGURE9 CITY OF WICHITA FALLS a n d t h e m o d e 1. LARGE WATER CUSTOMERS LEGEND ~ ~~ausa~ N Rao F ds ~Rm~R 0 6,000 SCALE IN FEET City of Wichita Falls Large Water Customers Innovative approaches practical results Page 15 Water and Wastewater Master Plan Cityof North Richland Hills Reference Freese and Nichols did not identify specific renewal Mike Curtis, P.E. projects in the master plan but simply allocated Director of Public Works money in the CIP for each planning period to assist 7301 N.E. Loop 820 the City with its budget process. The City will conduct a North Richland Hills, TX 76180 separate system condition assessment study at a later (817) 427-6400 date. North Richland Hills is within 15 years of build- Software out and is ex eriencin rowth mostl throu h p 99 y 9 H2O Map Water, H2O Map Sewer, Arcv~ew GIS land-use changes. Freese and Nichols used the wastewater model to evaluate upsizing needed for Freese and Nichols prepared a Water and Wastewater sewer interce tors in the basins that serve the few p Master Plan and result~ngCap~talImprovementPlan remainin rowth areas. g9 (CIP) for the City of North Richland Hills, addressing distribution and collection system needsto support growth and solve existing deficiencies. To build comprehensive modelsforboth systems, Freese and Nichols integrated the City's Geographic Information System (GIS) and utilized pressure testing and - SCADA data to calibrate the models. ~ ~ ~ Freese and Nichols also worked closely with North Richland Hills' wholesale water and wastewater service providers -the City of Fort Worth and the ~ L Trinity River Authority (TRA) in developing the CIP. ~ Freese and Nichols'long-time relationship with - , TRA and our experience in preparing the City of Fort Worth's water system model were valuable resources forbuildingcomprehensiveandcost-effective ` i ~ r models. Freeseand Nichols also trained City staff on using ' the GIS-driven models for use in evaluating future system developmentand operation. Water Master Plan ~ The southern portion of the City historically _ experienced high pressures, limiting the supply from _ _ one of the City's delivery points. Freese and Nichols , evaluated several options to determine the most w cost-effective solution for splitting the City into two pressure planesand optedto use regionalpressure reducing valves. Cityof North Richland Hills Water Capital Improvement Plan Wastewater Master Plan Because the City was replacing wastewater lines identified in a previous Infiltration/Inflow study, Innovative approaches practical results Page 16 Water System Master Planning Statement of Qualifications Prepared for the City of Denton Freeseand Nichols' Professionals t Principal-in-Charge Thomas Haster, P.E. QA/QC Jessica L. Brown, P.E. Project Manager Scott Cole, P.E. Water Quality Cost Estimating Impact Fee Analysis David Sloan, P.E., BCEE Ron King, P.E. Jessica L. Brown, P.E. Richard Weatherly, EIT Population and Water H2O MAP Model Geographic Information Demand Projections Development& Analysis System Analysis Stephanie Neises, EIT Nick Dons, P.E. Nelson Esquivel Stephanie Neises, EIT Innovative approaches practical results Page 17 Thomas H aster, P.E. Principal-in-Charge "Freese and Nichols is one of the best consulting engineers with which I have had the privilege to Experience work. I am very grateful for the opportunity to 16 ears be associated with the individuals of such high ~ character such as Thomas Haster -Steve Lon g EdUCatlOn Water System Manager M.S., Civil Engineering North Texas Municipal Water District B.S., Civil Engineering Texas A&M U niversit "The staff was flexible and easy to work with. ~ Thomas Haster does a great job at this. Best I've ever worked with. Have all of your staff emulate Registration Thomas Haster's attitude, responsiveness and Professional Engineer, Texas No. 76736 professionalism." -Ron McCulley Princi al at Freese and Nichols and Water Wastewater Director of Public Works p ~ Cit of Grand Prairie y Group Manager Plays a pivotal role in assisting municipalities with bringing their water systems into compliance with regulatory standards and mappingfuturesystemexpansions Serves on the American Water Works Association (AWWA) National Computer Applications Water Modeling Committee and Distribution System 0&M Committee, and is a member ofthe American Society of Civil Engineers Expertise includes identifying and resolving water quality issues and water system studies and master plans Recognized by clients for his work in identifying and resolving water quality issues, building and implementing capital improvement plans, conducting impact fee studies and coordinating wholesale customer agreements Software expertise includes: H2O Map Water, H2O Map Sewer, WaterCAD, EPANET and H2ONET Relevant Project Experience • Water Modeling Cities of Arlington, Fort Worth, Frisco, Grand Prairie and Lucas • Water Distribution System Master Plans and Studies Cities of Abilene, Arlington, Beaumont, Brownwood, Burleson, Cedar Hill, Cleburne, College Station, Corinth, FortWorth, Frisco, Garland, Grand Prairie, Grapevine, Justin, Keller, Killeen, Lancaster, Lucas, Mansfield, McAllen, Midlothian, North Richland Hills, Pflugerville, Pottsboro, Prosper, San Angelo, Snyder, Southlake, Taylor, vernon, Westworth village and Wichita Falls; DFW InternationalAirport; Acton Municipal Utility District, Aquilla Water Supply District, Benbrook Water Authority, Circle T Municipal Utility District, Colorado River Municipal Water District, East Cedar Creek Fresh Water Supply District, and North Texas Municipal Utility District Innovative approaches practical results Page 18 Jessica L. Brown, P.E. QA QC and Impact FeeAnal~sis "...Jessica Brown has never been reluctant to Experience evaluate additional alternatives to solving our 9 ears water distribution problems. We are relying ~ on their expertise to develop short and long- termsolutions toour high growth distribution Education issues." B.S., Civil Engineering -Frank Crumb, P.E. Texas A&M University Director ofthe Water Department City of Fort Worth Registration Professional Engineer, Texas No. 90098 Associate at Freese and Nichols and Water/Wastewater Planning Manager Expertise includes the calibration and use of system models for master planning and Capital Improvement Program (CIP) development and the integration of Geographic Information Systems (GIS) into water and wastewater models Works closely with municipalities on master planning, CIPs and Impact Fee Studies Conducts m unicipal employee workshops to discuss and sample modeling software alternatives ® Software masteryincludes H2ONET, KYPipe, H2O Map Water, H2O Map Sewer, InfoWater, Mikenet, WaterCAD and WaterGems Relevant Project Experience • WaterSystem Studies, Master Plans and Updates Cities of Arlington, Cedar Hill, College Station Southside, Fort Worth, Frisco, Garland, Grand Prairie, Justin, Keller, Killeen, Lucas, McAllen, Midlothian, North Richland Hills, Palestine, Pottsboro, San Angelo, Taylor, vernon and Wichita Falls; Towns of Addison and Prosper; Benbrook Water Authority and Colorado River Municipal Water District • Wastewater System Studies, Master Plans and Updates Cities of Burleson, Cedar Hill, Cleburne, Corinth, Frisco, Gainesville, Keller, Killeen, Mansfield, Midlothian, North Richland Hills, Pottsboro, Taylor, Terrell and vernon; Town of Prosper; Benbrook Water Authority and Trinity River Authority Mountainview System Innovative approaches practical results Page 19 Scott Cole, P.E. Project Manager Experience 6 years Education M.S., Engineering Management (Honors) University of Kansas B.S., Civil Engineering University of Missouri, Rolla Registration Professional Engineer, Missouri No. 2006002803 Freese and Nichols' Water/Wastewater Project Manager Serves on the American Water Works Association (AWWA) National Computer Applications Water Modeling Committee and Distribution System Water Quality Committee Specializes in hydraulic evaluation and water quality assessment of water distribution systems Proficientin severalwater distribution system modeling software packages including H2ONET, H2O MAP, IN FOWater, SPAN ET, WaterCAD, and WaterGEMS. Specialized in assessing distribution system water quality through the use of extended period simulation (EPS) modelingincludingwaterageandsourcetraceanalyses Experience administering hydraulic model training workshops for various utilities across the United States Completed water and wastewater master planning and modeling during six years of work for Black & veatch's Infrastructure Planning Department Relevant Project Experience • Abilene Water Master Plan Update, Jacob & Martin, LTD -Project Manager for development of a water distribution system model to project five-year, l0-year and 25-year water demands. • Water Capital InfrastructureAssessment and Hydraulic Modeling, Dallas Water Utilities -Water Quality/EPS Modeling Team Leader for EPS calibration and modeling to develop Capital Improvement Plan and evaluate water quality in the distribution system. • Water Master Plan and Impact Fee Study, City of Lancaster -Project Manager for development of a water distribution system model. • Water/Wastewater Master Plan Update, City of Princeton -Project Manager for testing, development, calculations, projections and reports for update of master plan. Innovative approaches practical results Page 20 David Sloan, P.E., BCEE Water Qua lit Experience 23 years Education M.S., Environmental Health Engineering U niversity of Texas, Austi n B.S., Civil Engineering U niversity of Texas, Austi n Registration Professional Engineer, Texas No. 63946 Board Certified Environmental Engineer No. 95-10020 Associate at Freese and Nichols and Water/Wastewater Engineer Experton waterreuse andfrequentlyaskedtowrite papers and give presentations atprofessional conferences Spearheads Freese and Nichols' water reuse efforts and leader in assisting clients with EPA-mandated Initial Distribution System Evaluations (IDSE} Experience includes assessment, design and start-up of a variety of water treatment facilities • Experiencedin determiningandincorporatingtheshort-and long-term impacts and benefits of ozone, chlorine dioxide, ultraviolet light, free chlorine and chloramines disinfection strategies on water treatment plants and the overall water system Member of several professional societies including American Water Works Association, American Academy of Environmental EngineersandtheWaterEnvironmentFederation Relevant Project Experience • Wastewater Collection System Studies Cities of Borger, Brekenridge, Cleburneandvernon • Water Distribution System Studies Cities of Borgerand Cleburne • Water Distribution System Modeling, City of San Marcos -Design engineer for computer modeling studies for determining impact of large proposed developments on the water distribution system. • Water Distribution System Modeling, City of Georgetown -Design engineer for computer modeling studies for water distribution system for facility planning and determination of development impact. Innovative approaches practical results Page 21 Richard Weatherly, EIT Water Quality Experience 3 years Education B.S., Civil Engineering U niversity of Texas, Austi n Registration EIT, No. 32518 Freese and Nichols' Water/Wastewater Engineer Has experience with water and wastewater system planning including system studies, computer modeling and water quality analysis Uses hydrologicmodelingand GISanalysesto determinefuturewaterdemandsand projectpotential water q ua lity p rob lem s Serves as Project Manager for many of the firm's Unidirectional Flushing (UDF) projects and is a leader in the development of innovative f lushing procedures Implements UDF programs for municipalities, communicates regularly with City workers to ensure quality control and trains workers during the implementation stage Presented "U DF: An Operational Tool to Improve Distribution System Water Quality" at Freese and Nichols' Quality DaySeminar Relevant Project Experience • Water Master Plans and/or Studies Cities of College Station, Fort Worth, Frisco, Grand Prairie, Justin, Mansfield, Plano and Terrell • Wastewater Master Plans and/or Studies Cities of Frisco, Grand Prairie, Keller, Lancaster, Mansfield, Plano, Terrell and The Colony • Water and/or WastewaterImpact Fees Cities of Corinth, Grand Prairie, Lancaster, Mansfield, North Richland Hills and Terrell • Unidirectional Flushing Programs Cities of Arlington, Duncanville, Grand Prairie, Irving, North Richland Hills and Pearland Innovative approaches practical results Page 22 Stephanie Neises, EIT Population andwaterDemand Projections Experience 1 year Education B.S., Civil Engineering South Dakota State University Registration EIT, South Dakota Freese and Nichols Water/Wastewater Modeling Project Engineer Experienced in hydraulically evaluating water distribution systems and has utilized Geographical Information Systems (GIS} to develop and analyze computer models Working knowledge of hydraulic modeling software packages including WaterGEMS, H2ONET, H2OMAP Water, InfoWater and ArcGIS Served as staff engineer on various water and wastewater master plan updates and studies Member of the American Water Works Association (AWWA}and Water Environment Federation Relevant Project Experience • Water Distribution System Computer Model, City of Richardson - Served as Project Engineer for construction of anall-pipes hydraulic model in MWH Soft InfoWater software from the City's GIS data. • Water Capital InfrastructureAssessment and Hydraulic Modeling, Dallas Water Utilities - Served as Staff Engineer for EPS water quality modeling to evaluate operational modifications to improve water age. Innovative approaches practical results Page 23 Ron King, P.E. Cost Estimating Experience "Ron has one aboveand be and moretimes 15 ears g y ~ than I can recall. Ron's qualityofworkis outstanding. He is always available when I EdUCation need him." M.E., Water Resources -Elaine Herzog B.S., Civil En ineerin Public Works Analyst g g City of Corinth University ofTexas, Arlington Registration Professional Engineer, Texas No. 81073 Associate at Freese and Nichols and Water/Wastewater Utilities Manager Specializes in municipal pipeline design and expansion, overseeing all of Freese and Nichols' utility work intheTarrant/Denton area Comprehensive water distribution system design experienceincludingtransmission lines,pumpstations and storage facilities Thorough understandingof municipalengineeringstaff'schallengesbasedon hisside-by-side experience as City Consulting Engineer for several local municipalities Recognized by our clients for his outstanding commitment to client service Member of the American Society of Civil Engineers Relevant Design Projects with Cost Estimating Experience • Holly 54-inch Water Transmission Main, City of Fort Worth • Water System Improvements, City of Terrell • 42-inch and 36-inch Water Transmission Mains, City of Mansfield • Northwest and Broad Street Elevated Storage Tanks and Pipelines, City of Mansfield • 20-inch Water Transmission Main, City of Burleson • 24-inch, 20-inch and 12-inch Water Transmission Mains, City of Corinth Innovative approaches practical results Page 24 Nick Dons, P.E. H 20 MAP Model Development Experience 5 years Education B.S., Civil Engineering Texas A&M University Registration Professional Engineer, Texas No. 97645 Member of Freeseand Nichols'Water/Wastewater Modeling Team Experienced in field testing including flow recording and flow meter installation, pressure testing, and customer demand gathering and analysis Developed all pipes model using H2O MAP Water and performed hydraulic and water quality modeling for Arlington's water master plan including extended period evaluation Significant experience in performing water quality testing for chlorines and excess ammonia for the Cities of Grand Prairie and Fort Worth and the San Antonio Water System Utilized a variety of software on modeling projects including InfoWater, WaterCAD, H2ONET and H2OMAP Relevant Project Experience • Water Modeling Cities of Burleson, Frisco and Terrell; North Texas Municipal Water System, San Antonio Water System; and D/FW International Airport • Wastewater Collection System Master Plans and Studies, Project Engineer Cities of Killeen, Lancaster, Mansfield and Prosper • Water Distribution System Master Plans and Studies, Project Engineer Cities of Arlington, Burleson, Frisco, Grapevine, Keller, Killeen, Mansfield, Prosper, Terrell and The Colony; North Texas Municipal Water District; and Dallas/Fort Worth International Airport • Impact Fee Studies, Project Engineer Cities of Grapevine, Lancaster, Lucas and Mansfield • Water Model and Master Plan Update, City of Arlington -Project Engineer • Unidirectional Flushing Program, City of Grand Prairie -Project Engineer • Recycled Water System Master Plan, San Antonio Water System -Project Engineer • Wellborn Water Capture Project, City of College Station -Project Manager Innovative approaches practical results Page 25 Nelson Esquivel GeographicInformationSgstems GIS and System Mapping Experience 4 years Education Tarrant County College Freese and Nichols' Water/Wastewater Planning GIS Analyst Expertise includes the integration of GIS into water and wastewater models and the calibration and use of system modelsformasterplanning andCapitalImprovementProgram (CIP) development Capabilities include converting CAD files to GIS information, managing raw data received from municipalities, integrating data into GIS maps used for planning or modeling, and converting modelto GIS for municipality use Experienced in verifying GPS points with accompanying GIS maps and connecting multiple GIS maps for confirmation of scenariosand models Responsible for land use classification and verification from aerial analysis, population distribution aerial analysis, and water/wastewater demand/load distribution Works with Geo Database, experienced with SDE Database and billing data analysis Software proficiency includes ArcGIS Desktop, AutoCAD and Microstation Relevant Project Experience • Water Master Plans and Updates Cities of Abilene, Arlington, Burleson, Cedar Hill, Corinth, Fort Worth, Frisco, Garland, Grand Prairie, Hurst, Keller, Lucas, Lancaster, Mansfield, Midlothian, North Richland Hills, Palestine, Pottsboro, Princeton, Terrell and San Antonio; Towns of Addison and Prosper; Benbrook Water and Sewer Authority and Trinity River Authority; and DFW International Airport • Wastewater Master Plans and Updates Cities of Burleson, Corinth, Frisco, Garland, Grand Prairie, Hurst, Killeen, Lucas, Mansfield, Midlothian, North Richland Hills, Palestine, Pottsboro, Princeton and The Colony; Town of Prosper; Benbrook Water and Sewer Authority, North Texas Municipal Water District, and Trinity River Authority Innovative approaches practical results Page 26 i Freese and Nichols www.freese.com ~C~~~I~I~ I~I~S ~~~1~I~1~~T ~ ~►~I-I~T~~~' I~~ ~~I~~~I~ TFII~ ~1~11J1T is i~~~~ ~n~i ~i~t~r~~. into a~ o~ tl~~ , - - day of _ . - , ~0 , ~y a~ld l~~t~~e~i~ ~f~~ f~~ I~~nt~ilt Tex~is, ~ Texas ~~~~~~~ici~af c~arp~raCio~~~ ~~'i~ll its pi'ir~ci~al ~~ti~~ ~tk I ~ fast ~:i~l~~e~ l~`e~t, l~ento~~, D~~~~~f~ ~~~1~1~~', Tex~~s 7~~ 1, her~ii~afte~` ~~lle~ "~~v~iei'„ Fr~~s~ a~~cl i~l~~ls, Inc., with its c~i•~or~tt ~F~'~~~ at 4~~;~ I~~~rri~~i~~i{tl l~fa~a, ~uit~ Fort or~h, Texas 71~ f~er~ir~~f~e~' ~~~lc~ "I~s~~~~ ~~~f~.ssiaE~al:„ ~c~i~~g l~~r~ii~} ~~r t~~~cl ~~~~~~~~g1~ t~l~i~` {l~fl au~l~~ri~e r~l~r~se~ltak~ves, I~~ c~~~~i~f~ratic~ri tl~~ co~ei~a~~rs aid a~~~~~~~~i~t~ l~er~if~ c~~~~~~~~e, t~~e f~a~es i~cl'e~~ ~~~~~~~{~if}~ a~`~~ ~~s f c~ll~~vs; ~~TI~1~ 1~1~I~L~3~f1~~NT ~I~i I'~~I Tf~~ ~~~~'~b~r contracts witi~ tl~~ l~~si~f~ {~~•o~~s~i~n~f, ~ ~ic~nsecC T~x~s a~~cl~~~ect or engi~~e~~•, ~s ~~n j~~~l~c~i~lc~tt c~nt~'trc~~~•~ Tf ~si~~z ~~~'~~essiot~ai l~c~~f~y ~grcc to l~er~ar~~~ the scrvicc~ t~s ~~scrif~~ j~c~{ei~~ afl~ i~Y tilc ~~'~~~s~~~, tl~c ~f~ci`al ~nditj~f~S, ~t~c~ ~~h~~• c~ttaci~~11~~l~5 t~ tl~i~ '~el~~crtt tf~at a~'~ ~'~~cC~~cccl ~~1 action , ~l~ coEl~YOCti~~t w~~l~ the Tl~ P~~~~cct ;sf~~~il ita~~u~~, wi~~~~tl~ lia~~ilali~]~~, Ti1c fit ~f I~~~~t~i7 ~~t~~• I~i.~tril~~~t~~t~ ystc~~~ h~Iastc~~ ~la~~ ar~~l 1'a~~laact Feo ~ssisti~~~cc: '~~AT)~1~ D~STI~IBT~~N ~T)~ i~I~T1~R FLAN T~sl~ atcr lo~lef I~~~e1~I~~t~o~~t T~sf~ B: Fieid T~~tit~~ ~t~~~ atcr ~a~lci ~~il~~`ati~~~ T~t~f~ l~o~nlatio~l a~~cl atcr De~~~ar~d Fr~~ctiox~ I*~r ~-year, 10-gar ac~cl ~~~~~~e~l~• o~i~ici~~~s Tas[~ I): l~istrii~~~~io~~ ys~~~~~ ~IyclratXlic ~l~acit ~~lal}psis Tasl~ atcr ysto~~~ a~~ital Ii~~i~f•~~:cn~cnt ~faE~, IVl~stcr I~f~n 1:~eia~rt l~~ei 'T~~~~r~ir~~ AT~i ~1~~T Fi11J ~~T~1~T~ Task F: a[cr I~~~i~act F~~ ~1~~~1~~~is T~~sk ~ I~~iw tf~~ ~it~~'~ I~~tci•~~ai ~t~~' ~~7~~{lct Fc~ Credit A~j~~I,sis 1'a~ 1 l~e,i~~i ~'r~~ieccinfrs~~ ~~r~°~~~7~x~~~-l~~a~cr i1~t~ai~~• ~'li~n ~~G~is~~~ i.~~]•~]~ Exhibit 2 ~7~L~~~1 G lJ~~~1~~~~V T~~~ ~~vr~~r s1~~IC ~~r~~~~~~~~t~ cCt~ ~~~C~~~ ~~•~~~~~i~~~~i ~ali~~s: ~~i' B~~~~~ ervi~~.s fir ~a~s t~~~ tot4~~ ~or~~el~~~tior~ ~~~al~ s~El1~ {~r~~~r.tr~t ~r'~~C~~S ~~~~rr~~~~t~ ta~~ $a~i~ ~r~►i~~s ~Cl~l~ ~~ai~ r~~r~tl~~~~ ~r~ rr p~rc~nt~~g~ br~~is #~r{~1 ~~a~~t~el~~~~tta1~ the ~~x~C~ ~rvi~~~ satis~~~:t~~~il~J ~~r~~pl~~e~l at ~h~ e«~ tC~e ~a~~j~~t, ~~r~a~~~~r~~i~ ~;.1 ~r~~~~rr~~~~ia~z for A~i~lit~ar~~~! 5~~*vi~es i~ f~ilc~~~rs: ~t~.~ ~mp~c~~~~C~~~ fa~2 ~~i~~ttio~~~C ervi~ of tine c~r~suCtar~t ~n~~~lii~ ~tiiti~r~C str~i~~~'{~l, ll~~~I]~ill~c]I c~~l~ ~l~ct~`i~~~l na~t~~r~rig S~rl'iC~S sh~ii be b~~se~ o~~ a ~~~~~1tiC~Ce tCr~~~s t~~e ~t~~~~~r~t~ b~IC~d t~ tl~~ ~ei~r~ F~~of~~iot~~i fog s~ic]~ ~~c~iti~~~~1 ~~~'vi~, Re~r~~~u~•s~l~l~ ~~~~~ris~s ~~aCC ~e a n~~u~tip~~ of i,~~ t~~~x~s ~C~~ ex~~~~~~~~ irr~urr~~~ ~h~ D~~i~il ~r'o~e.~~i~r~al, t~~~ c~si~r~ Pr~fession~l' ~r~~~~la~~~~ ~~E~s~~lt~~~~t~ i~~ tl~e ~~~~rest ~t~e ~'~ia~~ct ~s ~r~~~~~ i~~ t~~e ~~~er~C ~E~~itia~s b~Ni riot t~ a t~t~C ~f ~~,3~~ ~~it~~~rt tC~~ ~r~~r ~~r~'ll~~'rl i~l]~~~'~~a~ t~l~ ~~r1~I~~r', ~il~~ ~ I~~~igr~ ~'EOf~~~E~~iti! t~~ree~~3e~a~•~~~tlc~~~ ~~tisl~r 1'~,~~~ I~c~~~is~~l S-;i~-U? 11 1~-r~~~ ~ r ~l~~~~i'~ ~~r~~~~ I T~~i~ re~a~~~~~~ i~~c1~EC~~~ ~~7i,~ ~x~~ut~~ ~~ce~~~~~i~~ ~h~ t~l~~v~iia ~~~c~~E~~~~~ts ~ ~u~ii~i~ ~i~'~ ~.t~~~l~~ E~~te~~ ~~~d E~~~~~e ~ I~e~•eaf b~ ~4~teE'eE1~~ i~ f~~~~ set f~rc~~ E7~~ein~ l . i~~ I~~r~~o~~ ~~~t~r~~ ~a~~cli~ions AgE'~en~er~t f~E; Arc1~i~~~~uE~~~ E~~~iEYe~~~EE~~ t~ic~~. ~'l~e I~e~i~El P~~'~~es~~Elal's F~'o~os~l 3, At~t~~Iti~~e~~~s y ~ ~~lr~~~~~ 4, ~~~i~~~ ~-~~~E~~~~tle ~Eii~ A~'~c~~~~~~~t i~ sig~~~~ ~~~~E~~~s e~~~ct~~~~ ~l~ ~ t~l~ ~~r~~ ~ir~~ ~~a~ t~ri~f~~. ~I~'Y I~~I~'I'~ ~E~R~~ ~~~P~I~LL ITS II~~IA~ AT"T~T`: ~w../~I~ ~l✓r ~J~L.C ~~j~i ~ F ]J 1 + ~e~~~~ ~NE~~ i~~~a~} B~{. I~~'in~i~a~ I~`1~~ ~ ~ r ~ Er` f ~ ~ ~ ~ r ~~t;~ir11 E~r~E'es~~~cl~~t ~l~reci~~cn~-~~r~~cr,~~instcr Pl~~n I~~~is~ci ~-3~]-~? '~TACHMFT ~ A [~TILF 1 ~~I~ ~I sl~~~lk ~•e~~er t#~~ f~llo~~fi~l~ ~~~~~fessio~~;l# ~er~~ices i~l corl~leet~oll ~~itk~ tk~e ~e~relo~~~~~er~t off' tkle l~ro~eet+ ~'~'1T1~ I~~T~B'~I~i~ Y~TEI~~ h'[~~T~I~ i L~l • at~i' M~~ll ~~~~~~~Cn~t1t ~k. ~ro~e~t liek~~~~~ M~eti~~~; Freese I~ickl~ls, ~i~~, ~F~~ ~~ilk ~l~~t ~~itk~ tk7e it to C~1fie~V ~~ape, p~~~~ect to;111 ~t~~ sek~e~r~lc lkte ~~~'o~ect, ~~ilck p~`ese~tt ~ ~at~t ~~e~~~est ~i~en~o~~a~»I~i~n. FBI gill obtai~l i~~l~ut a~~ CtZ~~~~ll~~' ~~~11131i~intS to dete~~flii~~e ~~i`~;il~ of ~ressl~re eo~~eer~~s clurirl ~t~inlll~!' ~~llr~itioi~s, FBI ~~ik~ eoittlt~ct site ~~is~Cs of ea~•il pu~i~~i~l s~~t~o~~ to ~•e~ie~v ~~tu~~be~~ l~t~~~~~~, ~i~e ~~~~~~i~~, t~a~cf ~il~it~~ k~~yal~t. r~?. alle~tio~~a F#~~ gill co~~~ike i~~fc~~•~~~~tEO~I ~~F~~~~ tl~~. ~~t~ ~ucit~~~~~~ 17t~I1111 sC~t}oi~ kayouts, ~)~~~llp ct~r~e~, starae ta~~l: faoility #{i~ot~ts, ~~~ce~~~l~ eo~~pk~te~k ~r~ter S~~telll irll~li`{l~f~~lle~]~S, ~~k~oles~~le o~~st~mer 1'~~~lt~~` ~11~~~~` sl~~~', ~~holes~ke C~l~~~~~l~l' 1~~~~1' t~~e~er ~o~~tiolls, e~~~tt~l ~~rk~oles~tl~ Call~l'~~'t5, Meet ~~ritk~ , CE~y ~~tf~ to Re~r~~v _ ~rI{,~r~ Nia~i~'i~~ti~~i~ , _~~c~~^ ~a~•~ ~~cl~! ~]~~~~#o~~«~~~~z ;~i~ti M~~irlte~~a~lee ~~~d fo~~ Ft~t~~re CIS Ia~te r~~tia~~ ~sst~es; Meet itk~ Et t~ r~~ie~~r fat~r ,~ytste~~~ e~~e~~#~~e, t~l~~lati~~~ pro~es~, a~i a~f~tii~~~1e ~~tt~`il~t~te cf~~t~~ a~~ck to ~li~~~Es~ ~~~orlifie~~ti~~~~ nee~eck t~ ~uport ft~t~~~•e ~nodelfI i~te~r~~t~orl. A4. o~~~ic~ct.Mocli~icatio~r~ to ~ ~{~t~~ Fi~~ o~lrteet~vlt~+ ProE~leu~s tll~-ola out ~e#ec~~€# ~~te~~ Lii~e~- Fi ~~ilk ~~oti~ e~~~~~~etio~t ~•~t~ti~~~s o~1 ~kk ~electec~ li~~es to lll~~~le~! a~~d condt#ct a~jt~stnle~lts to ~'i~ ~~lk eon~leotivit}~ l~~re~lea~~s. o~~~l~'~~et ~k#~ ~i ~e~ ~~ter stem Motkel t~si~1~ GlS 1~~1t~1- Fi~~ ~~ili cor~s~r~~et tfle ~~rter i~1~~#e! iE] H~MAP titer ~o~t~~~~re t~si~l~ tl~e ~~p~l~~ted CAS . pis-b~<<kt ~lra~~r~il~s ok` }~tr~lll~i~~~, stor~~~e ~~i~~! ~O11C!'~l V~~I~'~ ~~~c~kities, Tl~e a~i~k~i~es ~~~n~iek ~~~ill ~n~~sist o~ ail lines tl~~t ~tt'e e~~~~~•e~~tk~ ia~ tk~~ r ~~lt~~ rec~~~tl}f ~onsti~~~~t~~l limes that ~~at ~~p~e~rr ire tk~e Tl~e e~~~eate~k ~i~e off' ~kle ~~~c~~lel is ~~~~`~~i~ll~~tel 6,~~a I~I~e ~eg~~lei~t~. s~~~il-il#i~~~~~s -~'~111~~~; ili ~e assn«e~k t~si~~~ ~1~'clilc~l]le pipe ~~e ~~lateri~~k cl;~t{~ i~~ acl~#itio~~ to ~#~lt~~ t`ro~~~ tl~e ~r~~ria~~s ii~tert~~~ll~r-e~~elo~~etl l~y~l~~t~ulic l1lo~lel. C~. ~~tt~i~l ~~~~d ~~al~~ate ~~'I~ ~~ta ~~•a~ll tl~ its; ~tai~~ AAA ~lat~i ~o~• til~ kart sever~I ~eR~rs iElclt~~i~~~ tu~o ~~eek~ ol` l~e~~k: ,st~~t~~~~e~' t~s~e ~t«tk t~vo ~~eel~s of t}~pic~tl a~era~e t~sa~e. ~~I~A ck~~t~. ~vikl be «e~l fo~~ ~t~oclel ~levelak~illenr, cke~ekol~nler~t oi' ~kitar~lak c~~~~~es a~~ to ~~~si~t i~~ ~~~aclel C~1lit~I`t1C1011, ~~7. 1:.~~~~i~~~~ z~u~f 11~~~1~~~tte ~-l~sto~•i~~l 't~tc~r ~s~t~e_c~o~'~ls; ~e~~1~~~r ev~~lc~~te l~is~oricak ~raCer ~~s~ige k~y► resitler~ti~l K~~ltl ~o~~~a~~e~•ciakl i~~~k~~~ti`i~k over tl~e l~sC ~ ~t1~~S, i~~elt~~li~~~ Ck~e tole Ic~i+ge ~~~~~e~• t~sc~rs a~lci their ~•esk~eccive log{~tio~~s to lie ti•ei~~~tl ~s l~oin~ kc~~~is. Dc~~i~7n ~'r~fes~~c~~t~l ~g~4cntett[-~1~atG~ ~~~~~~~r ~'~a~i B, I'iel~I `~`estlt~ ~r~cl w~~~~` l~Iu~1~I ~lli~~•~ti~~~ B l . I~I~~~Cit~ ~~~r~i l~rlrr~ ~"~~ti~l~ I..c~c~rtier~~ t~ ~e~r~l~~ct rr~~~~~~er l~i~lc~„l~r-~~~~~~`e ~'e~t~t~~: ~dei~tif~~ la~ati~~r~ fog` l~ef~l t~~ti~lg ~~se~l en r~rodel calibr~ti~~~ r~e~~~ ~r~cl ~l` ~o~i~r-~~ ~r`~~~~ pity, ~i~fjt l~r~esst~~'e te~ti~~ recorcler~ wi11 f~rr~ri~ll~~ lay FIJI ~~1~ ~~til~~e ~,l~~r itl~ ~i~ r~ee~r~er~ fr`~r~~ tl~e ~~ty l~~r~ ri t~tl of l~ f~~atie~~s. l'~-ep~rre l~roce~~~~~s I`e~~ t'i~l~l t.~titl~ ~l~~i~r~ l~r~~e~e~ l~~atien of ie~tii~~r ~l~Er~ECi~~r o~ te~ti~r~, ~-e~~~ir~~ ~~1~A rl{rte dr~r~i~l te~ki~~~ ~~r'i~d, ~~~~1 ~s~i~t~tijc~ ~r~r~~ utilit~~ ~fel~~r~t~~~e~~t, B~. ~an~fr~ct Pr-~s~~~re ~~sti~Y~: Assist ~~~~1 ~~ar~fi~~~rte ~v~tl~ pity ire ~~erf~~'~1~i~~ l~~•essr~~~e t~;stiEl~. FI'~~ti~z~ will c~~l~ist o~ r•~~~r~ii~~~ ~ressr~re rea~fi~~~s fix- ~ or~~ ~~eek ti~~~e pe~•iecl ~~iti~i~~ ~~~i~ I~r-~sst~r-e ~1~~~~~ ~l~~~g ~~fitl~ ~~ee~fecl ~~~~A d~~t~ ~l~rr'~i~~ l`~elcl tesC~r~~. 133. ~~vel~f~ clll~ I~rstrl~r~C~ ~~I~tl~l~lllc~€]~~ ~t~l; l~I will ~~tili~e cl~.ta t'ror~~ tl~e pity's ~illia~~ y~te~~~ d~~tal~irse t~ r~lle~~te ~€~~e ~e~r` ~~r~~~n~ t~ tf~~ r~~~cl~[ ~l~~~t~~~~er glass. ~'l~e date will ca~~sist et' ~rd~lf-esst ~ai~~el IDt ~~~d ~~~etere~ ~~sa~~ l`i~l~ 1~~~' ~~~cf~ ~~tst~~~e~' ~~e~u~~. ''I~e n~eter~cl lei I li~~g ~~k~ wilt lie l~e~-c~~led to str~l ce»te~'li~~~ ar- ~~rrc~l d~~ta t[ter~ dist~`i~rt~d to kl~e r~~odel ~~si~~g Ti~ei~~e~~ p~l~~a~r~. ai~~f~rct ~F~ l~I~clel irlibi4~rtiol~; ~l~I wifl e~r~~ltr~:t a ~4-l~a~i~- ext~i~ci~~ p~ri~d ~ir~~~~[citioE~ ~~~o~lel al~l~r~ttia~~ ~ ~~lj~tsti~~~ ~-ft~l~rs, I~e~r~i~~ ~~ct~rs, ~«d ~i~~~'~~~~1 ct~r'ves ~~r ~koriieski~: ~a~i~l co,~~~~r~rci~f loads, ~~~~1 ~e~~~~i~cl ~fisCr}~Lrt~o~i ~rr~til r~~~~elin~ resr~lts m~t~E~ tt~~ ~~l~I pE~ess►~re ~~le~rsr~r?e~»e~~ts anal ~l11~~17~C~ll~f~ ~~)~~`~tl~~r. ~aii~ratio~r ~-es~rlCs ~'~'~ll fall ~uitf~i~~ tl~ l`olle~~~~~~ r~~~~ ~I~ tcaler`~r~ces ~o~' l~~~g ~`~~~ge [~Izr~~~~i~~~ r~con~«~er~de~i b ~~r~~~rc~~ic~~r ~~ric~~i~r~s ~~rF ~c~~~~1~ [~r,s~~-rblrt~ar~ ~S~~~i~c~~~r ~~~~~t'~~ ~~~V~A 11~i~ir»er•i«~ ar~~~rrC~~` ~~~lic~rti~~~s or~]a~~itt~e, 1 ~ ; ~ress~~r~:s: for 10~~lc al' ill re~tdir~~s * l~l~ws~ t17~ ~`e~ter~ ~l' l ~i~~~ +1- II~~I~ B5. l~ev~l~ } T~cf~~~i~~i I~~~~or~x~r~~~~~~ 1 - ll!~~~ei ~1~~~~klor~: Ill will l~rea~`c~ ~r teei~~~ie~~l ~~le~~e~i~~~~l~~r~~ tf~~t ~[oc~ri7~e~~ts r~~o~fel co~~st~~rctlo~~ ~i~~~l ~~rlibr~rtior~, I3~. Meet witl~ iCV to Review ~t~r o~l~f ~~li~r~t~~~~ ~~~~lts:.~i ~vil1 p~-ef~trr~e «lt~l~pi~~ sf~~w~~~ ~o~~~l~~r'is~~r off' wrrter' l~res~~Yre t~ti~~~ aF~sulks ~r~~l ~ ~lirtt~ ~~s, m~~~lef l~ress~~~~e r~es~llts for wt~te~• ~~~oclel c~rfi~i'~1ti~tt ~l~~cl r~~e~t ~1~fl11 the its t ~~ri7~~l~tr4rte ~exs~flts, Tl~is n~~~Ci~~ u~ill e~~rr~' art 1?~~;~so l~riel~~ls ot'i'ic~s i~l Fc~~iC o~'tfr. I~opriltttio~~ ~i~~ ~V~#~x~ ~~nla~~~ P~~ojccli~~~s fa~~ ~N~~~~•} a~l~l ~~~~~ili~~~~ l . l~feet u~itl~ fit to Disc~a~s ~'rrt~r~ ~rvi~e t~~'~~~ ~~~~1~~i~ries L~~~~cl ~Jse l~l~rr~ 1 Yss~z~s: l~l~ mill ~~~e~t witfl it}r st~i`~' rr«r~ ~Ekiiity 1~~~'sen~~el qtr ~r~t~ire secvi~~ ar~ri ba~~~~la~-is, l~r~~d arse ~ltt~~, at~~ dis~~rss p~~tl~ #~~•ward o1~ tl~~se issues a4 u~fof[ {rs ~ issues {rs ~~~1{~t~~ ~le~~ef~~~i~~ ~rrt~~r`e ~~vtiter ~f~~~~~r~~~l ~`o~e~tio~~s. l~e~~~~o ~ ear ear ~~~cl e<~~~ l~u ~r~l~~ti~~« ~r~~~l 'I'~t~~l ~~rter ~~n7~~r7~1 ~~-o`~cCic~«s: I~l`tilirirr~ ~r~star~~irf fl~~~l~~t~ 4c~[}fit{~ L{il~ trU4l~~~~~~-~'r~{l~ ~1.6` lR4t'~ ~Yf.4~1.~i` ~~.7i~4.r {~~~Lf ~tt~~ ~~r~~f~L1~4~ ~Ll~~t[ ~~.1~ c~ss~1~1~~~Ci~~~s, l~?I will ~le~leiel~ ul~d~~te~ l~o~t~latio~~ l~~-o~e~Ciorts at~d l~ro~e~t ~v~l'~~~ Cl~i~f, ~~~~rxinui~~~ ~tr~~i ~r~r~i l~~al~ l~o~rr ~le~rl~~~~ls l~or` ~xye~r, 1 ~-~re~r {r~~~ ~ ~-y~ar• I~lzr~~~~in~ l~eri~cf ~ l'ay` retail ~usC~«~e~`s. Fl~l ~k►ill can7l~ile this i~~~o~-~~rrtio~l wiClr ~~Fl~oles~l~ c~~str~~e~' l~E•oj~ctioE~s to c~eve~~p t~C~rf w~~te~• de~~~~~~r~f ~lcc~ls f'~r e~.cl~ ot` tl~~ ~~~t~re l~l{~~r~~ir~g l~~r~i~~fs. i~~~z+~~► ~',afe~sroi~~~f t~gr~~~mE~iii-~~~ttt~i• ~~1~~~~r P~~~} . ~3. ~evelo ~ I~it~t'rt~tl ~tt~r I~sa e ~ttt•~fe of tl~e ttter• fstert~ ~ aeratiort fir' l~~stxirtttr~~t ~a f~f- ~~tel~ l'rss~tr~ Pl~rrte; ~~ill uCili~e the S~Af data artcl p~trttl~ir~g r~~etr` ree~r~s t~ devel~~ ~t~~r~~i ~ur'ves r~e~resettti~lg existirt~ ~~-l7ekrt- peak su~~in~~r ~~at~r tE~~ge ~~ttter~~s ~~ithi~t e~.clt t~essttr~e plttrte. C~. I~istril~ttte ~'ttt~tr•e e~tr 1 ear a~t~ ~5~ ear ~~~atet~ I~ert~a~t~is thr'o~a~ta~lt t~~e fit + ~~stri~ttte ~r`ej~ete~l ~~n~esti~ ~~r~t~t` ~et~~~rt~~ ~~r ~~~y~r~r`, l ar7~ corl~itiaE~s far- a~f~r{~~ day, ~tta~i~~~tt d~tyt a~~d lt~~t~F usirtig TSB ~o~kri~ttie~ l~r~~ecti~~rts, I~er c~~it~ ~~s~g~, peaking fttetors ttr~~ ~iur•~~al ctuFves. ~istrib~rte I~r~~ecte~l ~~~t~r~ler'cittl v~ter+ ~i~~~~rt»~i~ ~tsirtg l~tr~~l l~~eSt aei+~age a~t~ I~eakirtg ~~t~tors, ir.at~ge ~~{lter trset's iii! distri~ut~~l ~t~ l~~i~tt l~a~ls. l~e~elo~ `l~eeltnitr~ti ~r~lor';c7~ttr1~ TIi~-~ ~ tt~er ~er~~an~I. _~~~~ectio~ts; FBI mill p1`el~tt~'e te~hr~i~~i rrlr~~~r•artdur~~ that ci~~ttnlertts tl~e a~t~tlysis l~i~t~ri~al cn~tstrtt7lttiar~ ~ItEta} art~l futtrre ~~~tter cler~~~~l l~ro~~ctiorrs. ~~s~~~i~€t~iot~ ys~~z~~ y~~~tli~ pn~l~f A~~~I~I I~ l . Per~or~i~~ I~~I~delirt ~f ~xistir~ 'dater ~ ~stertt t~ I~lerttif I-I ~I'tlilliC I~eficie~teie~: FIB will C4I~tl~t~~ steady state r~ad~li~~g tl~~ existitt ~~rate~~ s~rsten7 t'it' ~t~{erage clay, «~~t~i~t~ut~~ day arty ~e~tk itattr ol~~~~ti~~g ~~t~~iti~r~s to ~~ter'~~~ir~e C~1~~C~~y deI'ieier~eies ~~fitltin Cite existirt~ ~~rrtter sferrt. I?, ~a~tclct~t ~it`e ~i~~~~ Artalysis~ l~tili~e u~~~teMi syste~~~ meclel to coi~~lu~t line fle~~r ~tltttl~rsis tti~cier existittg rt~axl~~~ur~~ clay der~ttt~~ds t~ identify ~tre~rs ~~itlt I~ss tl~art ~t~~~u~tt~ firs fl~u~f ~~~{tcif~r, `ire t~o~v artttlysis ~rilC ~ si~o~~ ttsir~~ ~ontottr rt~a~I~iitg o~f ~~v~il~tl~le fire flogs. ~~altt~te l~r~esstrre ~l~~~e ~elir~e~tac~t~: ~r~l~►~~ ~~i~tirtg l~ressttr•e l~l{rr~e tleli~7etrtior~ L~~Msecl ot~ r~~a~elirtg re~ttit~, field toting ~~ttt ~~'~tet` sttl~ply iae~ti~~~s. i~I~rtlif}f l~eeific areas ~~itl~ ~r~~~~tr~~ al rtnrn~al otaerating ~ottditiot7s, ~v~tluat~ a~~~ t'ea~~~~~~e~~ ~~~~clific~tt~or~s t~ tt~e existing l~t'~,~~~~re l~l~~te t~~trrt~at*ies. Ali will l~resettt t~~appirtg ~iiei«~ i~~•ap~se~l ~~~tter syster~~ l~r~ess~res tltr-~gl~~t~t pity ktt~cle~` tte~r pfe~s~t'e l~r~~~e ~akr~r~r~r alter•~7ati~res e}s. cxi~tiri~ i~re~~krr~ }~i~t~ deli~te~ti~r~. D~. UCili~e fe~tr~ titer stem n~ei ~et~ri~rtre i~i~~~ of otter ~ sterl~ ~r~~ ~r~~ez~~e~~ts; ~eterr~~ir~e ~vatei- s}~stert~ lrat~srt~i~si~i~! ele~r~tte ~tnd g~`a~tttcl st~r~tg~:, rtrtc# l~trt~~l~ing f~t~ilities z~eecled t~ set~~e ~~-ye~tt• c~errtttttcls tit~'o~tgito~~t ~tt~h l~resskrr-e l~lane s~~•~i~e area ttsit~g the ~~te~cly sttttc rtt~clel {~it~tl~fses urtder tt~feti~ge ~l~~~f, rrr{~xi~~lt~rtt ~{ly, ~Mi~~l l~eal~ Itvctr' cl~tt~#«t~l eortditiorl. ~lte it~ittirrttrm lute sire fer` recar~~rtter~decl l~il~irtg ir~tl~rovet7tertts gill ~e l-it~eltes, l~}~+ 1eet ~~vitit tEre fit t~ e~ie ~r 1~ter lste~t~ Ir~~ ~r~o~c~irtertt ~►lterr~~ti~~e~: T1I will r~~eet itlt the pity to cli~e~rss ftrtkrre ~~F{tter systen~ i~~~l~t'~~~e~~ent ~~ti~rts ter ~S~ye~tr e~n~iti~~~~ ~1~~ the ~r~pose~ l~resstt~~e lane l~oktrtcla~~ies. Tltis rtteekittg gill acetrr #tt l~reese S~ Nic;lt~ls eftiees i~t 1~or~ ~~ot't17, 1~. tili~e Ir~terin~ 5 ~at,~a~t~ l4~~~e~tr` ttce~i ~,'s~ Model to l~eter'atre ~lr~tsir~ of ~rtet' ster~~ ~t~~I~r~~e~~~~t~s. fJs~ ir~teritt~ ~-ye~t~+ ar~cl l~-year{ steady state r~teclel ~•ktE7~ t~ c.leter~r~~it~e l~l~asirtg e1` ~~tttet` .syster~~ irt~l~t•~vert~et~ts+ ~ystertt i~~tpr~~fett~e~tts viii i~~eltrcle crilrtsr~risst~[t, storage, ~~tn~~~i,~g ttt~cl clistrib~rti~n sys~etrt r'eiate~ r~eecl~, `I`l~e fi~~t fife ye~kr ~f the ~•~e~r~~t~~et~e III Mill he l~httsecl yearly apt ~Itc~ strl~sc~c~er7t ye{tr~s ~~~i~~ ~e lilt{tsecl by l~l~t~t~ti~7g }fear ~l~-}~t~t~• arlc~ ?~-y~~~r,). D~. C.~tili~e tl~~ ~te~+ ~~tertt lVlacl~l to I~~faluate ~ ster~~ Reliak~i~it : FI~Ii ~~►il~ ~~tili~e the utter r~~~cl~l ~vitlt l~r~pased irttl~t-o~+er~~c:~tts t~ deteritti~te syster~~ cttp~tcit~f 1'or' otttt~ge of orle ~I' the large ~k~~~~l~i~~g st~ttic~rt a~7tl large tr~tr}srttissiort lines. ~l~l mill l~~~esertt tel~ttl~il~ty m~de~r~~g resErlts to the City ttrtcl l)~~~~~i ~'»1~~~5~c~n;jf ~~~'~~ryr~~~l~11'.~lei ~i~tisl~r !'C~~rti l~~a~e ~lC~~l~st~~7~CltS to file 1}roposed ~y5t~1]~ ~~~ll~ro~e~~~r~~~ts ~~e~d~~1 ~o tine ~~t~~ter ~~~stem ~~l~~er~ilit}~ to sy.~te~~~ o~t~ges, 1~~. Pri~orj~~ e~~~t~ollt~i ~I'I~~~~llloll 1'0~` ~~~-'~~11' ~~IC~llllll l:~~i~l~ ~I}~ N~o~lel: ~I wili coflCillCC ~~-~lo~lr exteR~~le~l l~~ri~cl ~if~~~~l~~tio~~ ~~~odel i~lr1 ~~«[ie~F ?~-y~a~• lll~l.'{~E~~f~IC~I filly L~~fl~~Ifl[~ ~;o»~Iit~oil~ tc veri~~ tl~e ot~e~'~'~tio~l~ri ~~~lli~it~ ot'tE~e ~•eco~~~f~~e»cled i»~~~•o~e~~~e~lts, D. I~e~elol~ Tecl~f~ic~I ~lleljj~~r~~~~1~11~~ . ~xisti~l ~ ~te~~~ Ac~a! ~i~ ~~~~i w~k~~` ~t~fll ~Illll~C'4V~f~1!]~; III u.►iii ~~•e~~r~ teci7sli~~i t~le~z~~~'~~r~~u~ tl~{~t ~~~~~~l~tlts til~ ~~~~1}r~i~ ~f ti~~ ~i~~i~~~ water ~is~t'1~~~ti~~1 yste~~~ i~~clt~ciif~~ ~i~'e Mows l~ress~f~'e pl~tla~ rleli~~e~~tiot~ ~t~tl tE~~ 5~~+e~~', lor~~ei~r, ~.-yecl~ r~~ocieli~~g ~~1~lyses llIl~ Cle~~elol~f~7e«t ol~ l~l~~lset! w~tet` 5~5t~f11 if~irove~~~ef~ts. I;f water ~}f~~e~~ ~~~~t~l I~~~~o~~c~t~~~ ~~~t~~ Pl~~~ R~~~~•~ ac~~I ~'rai~Ill~ ~l, Dc~~r~~o ~ ~r~t't ~it~l t~~~~re~fe~~~ef~t Pl~~f~ C1~ ~`a~~s ~~~cl P~a~eet ei~e~~ie: ~e~elo~ costs for etCCll I~f•opose~ project ail ~0~7 ~loil~:~'s i~~elticlit~g e~~~i~~ee~'i~g ~r~~l ~~~~tif~ge~leies. CAP che~>r~~il~~ ~~►i!1 be ~se~l tl~e ~~acleli~~~ res~flt~ ~~nd i~~cl~~de ~ll~~le~~'i1~~, ~'i~i~t,~~~w~y} ~l~ld co~strl~ctiofl ti~~~e pe~'ieds. l~~~elo~ ~,a~~_~~~~rel~e~~si~f~ Ct~ I~IG~i~I?i~~~; I~e~felol~ i~~'~e ~~{~l~ ~it~lwi~e i~i~l~s tine I t~~se t11~p1~i1~~ ~Ilowi~lg ~~opo~ecl p~~ojfucts, co,~CS, ilClCl C'eCQ111f~i~1~l~~I ~l~~servic~~ ~I~~ of . t're~tlre l~r~~t I~tster I~l~~~.._ Rel~o~k; ~~ster ~l~t~ Repoli ~~~~~~r77~1f{i~i~lg welter ~~n~~~~~i l~roj~eti~~ls, C~~ital Ir~~p~~o~~e~~lefit ~I~~~l ~llo~l~ witil ~ese~`il~tions ~l"` ~~~e~ 1'0~' i~~~li~~i~it~{ll i~~`oj~:~ts. Deliver copies ol; tf~e ~~~al~t rei~o~l t~ City, leek v~fiti~ City re Re~~iew ~~•{~l~t,~al~ital ~yl~l~~'[~~~Clle~l~ 1'1~~~ l~~'aft ~Irl~.st~~• Pl~i~ 1•~e.~o~•t~ Meet ~~'it~l City to dis~«ss ~ira~t CI>~ ~f~~l tine ~li'zl~~ ~l~tster~ Pl~r~ Report, ~r~j~ct pl]~~~i~~ and ~xnai~{z~ ~~i~el•~~~tcive co~r~l~l~tiail ~lake~ {l~ ~le~e~s~r~~,'I~I~i~ ~~~~eti~~~ will oect~~~ ~~t ~~•eese ~ l~icllols o~l"~ecs i~l ~`e~'t ortl~, Revise C~~~it~ll ~~il~?C'olfefl~~Cl~ Plaf~ ~l~~d i1~Ir~stea',PI~~~ Reo~'f` t~ I~~cor~a~•~.te Ci~~',s Co~»~ne~lts: ~I will revised tl~e selle~~~li~~ tl~e CIP ~~~~d resub~~~it i"i~l~ll C~IIa~~~~ I~~~pE{o~e~~~e~~t ~'es~~br~~ik i'~t~~l I~~~r~ ~ol~ies clll[l o~~c elcct~-o~liC e~I~y i« ~ t`o~'x~~~t ol~` ~ll~ i~lste~' l~l~f~ Report t~ the Cit}f. i~~li~fe~• ~I 11~[i~ ~ ~ir~~ ~n~i Ic~~lel~r~~ ~iics to Cit F: ~i'ter tote e~~~~pletio~~ oI; tl~e fi~~{li ~~~;lte~~ ~~~o~l~l, Freese a~l~ 1~'i~l~ols will ~~~ii~'~E~ t~t~~! i~~~~~tii i}!l w~l~~t` ~~~Odeli~~~ t=iles ~111{~ City ~a~t~'~il~lse~I C~1o~l~l~~~~ so~'tw~xr~c~ Oll file City f~~~~-ci~~secf ('ofl~l)~lte~'. lew o~' ~~~clitic~~~l sol`[~~v~rc lic~~~ses ~~~'c ~~ot ~il~!ll~~e{l i~l this scope, b>:~t I~1VI will l~rovi~e i~lp~t to file City ~ot'tw~rc lice~~sil~ t•e~o~~~~t1e~~~atio~l i~~ ter~t7s o~ r~w.~~~~~cx~ of li~~~s ~~~ld ~~u~~~l~e~• a~~d ~}►pe oI' lice~lse, i will l~E'o~rl~ ll~e ~t ~~~~ti~ ~ D o~ the I~~1~1 I~Io~lei ~pe~~~~tio~~ l~l~~u~'~i we[l ~4s file Iclstc:r Pl~~l Report. I~ ~~~ill ~~Is~ ~e~i~~~r t~ tl~e City ~~1 I files i~l ~ligit~li ~'o!'l~~c~~~ l~?. ~o~~clf,~ct ~'rese~lt~~ti~n of Capit~i l~~~I~ravezl~e~~t .~1~~~1, Co~~~l~~ct I~rese~~t~~ti~~~ C~.pit~ll ~~~l~ro~~e~~~e>~t ~~lttll t~ t~~e ~o~f•ci iI~ ~ ar~;.s~~op, lJ~. Deg}elo ~ l~~ode! C~ ~er~ltiof~ l~~ru~~l: ~{N~ ~~~ill I7i~el~~~r~ ~:opies ~l' a it~fldel ol~er~tiol~ ~~~t~~~f.~~~l tIl{~t CloCl1C11C~1t,4 mo~lel ~le~~elop,t~cilt tt~~d n~e~lel 5~~ililC'i0 s~~'~~ct~~re, fii~~: ~t7~L11I1~flC ~vf 11 ll~50 lie used ~or• tr~~i~~t~~~ l~~l~'i~oses ~~~lci ~~~I1 ~rlcl~~cie fl tecl~f~~cttl 11~71]eCl[~ih eo~~~I~o~~e~~t. l~~~i~i~ ~'ic~le,~i~~~~til r~rc~~ll3~a~l-~~~7#~'C 1~f,~ster C'1~t7 ~~r ~~r~~l~act `~~~ai~~ii~ r ~t~r• ~y~t~,~~~ Mo~~l: Flail evil] ~~~i~[~~~t t~~r~~ ~~~~s~~~rti~ie cl~~y~ of tY~~clel tr~ir~iiig tl~~ n~ #t~~ ~vrtte~• ~~lst~rr~ ~~~~clel, 'I`I~e tr'~ii~ir~~ will in~lu~l~ l~r~vidirt~ iI~slr'uc~i~r~~I ~~~~~~~ia] tra~rlrrt~ rr~ ~r'ttit~g u~ tl~~ model, r~~ri~r~'r~~ ~~n~ i~~acli~in~ t~~~ rr~n~~~, ~r~~l l~r'irxtin~ r~ul~s. ~f3r~,L'r 1~~I~~~rI~ 1'~i:r Fl~~l~~~l~~i:l 1~. ~'~~t~r ~~~~act l~n~~y~~ F ~ , Deter}7~i~~e at~r lr~~ ~~et ~~it ~r~a] ~i;~ ~oai ~~xi~tit~~ ~c~lltl ~ar~~ lied ~ro'e~:t~ {t~~~ New C,it~r] ~~~~I~i~o~fe~~~e~~t I'r`~~ee~~ ~'~r l~ ,~r~~rr•,Pr-~~e~~ecl~ ~•~~vtl~. F1I ~~il l ~rtili~e ~vater~ ~~r-roc~el tt~ ~tt~~tl~~e eistit~g r•~centl~ ~on~~leted pr~~ects ~"ar~ exee~s e]igEbl~ ca~~~~it}~ ar~~] e~rl~itai in~~r~ve~r~erlt ~~*ojects ~'or eliil~le c~p4~ei~~ #"or ir7~l~~t~t f~~ e~~t recr~ver~ l ~ y~~rr, l~~-c~~e~~c~d ~r~~~r~~t. F?. ~~Ic~ll~~t~; ~~ter' ~~C~ ~li~i~l fir` ~rt~I~~et ~~t ~~~~~er r; F1~I gill ~~tilizo tl~e c{~i~~~i~~~ ~~~~1~1sis ~r~~] ~a~it~tl ~~~~jeet e~st~ t~ ~~le~~[ate l~er~e~~t~~ge ~1' ~~~o~ect e~~t ~ligil~le l'or i~~~pact ~~st reeo~ery, 1~, ~'rovi ~~~~~ct Fee ~t~lct~l~~~i~~~~~ t~ it; i~~ ~o~r~~~e eale~rl~ttio~~,~ ~rttl l~re~~~l~l~eot,~ fro~~~ ~ I tljro~l~ F3 t~ tie pity i~~t~~•a~~] i~~l~~e~ rye ar7t~l~~is, tx, l~evic~~ the l~y'~ ~n#ern~l'~r'~€~~er ~~~p~~t rye r~~~ .~~aly~i~ ~ 1. review #]~e fit 's Irrter~~~~ e trir~ed ~re~it ~r1a1 sis ~lr~~lel` 1e~~~ Ins ~a~# Fee l~o~~rlirtior~s: F1~II ~~~il] ~~•~~f~~it ~~evie~~~ ~r~d ~valti~t#io~~ o]' tl~e ~it~'~ its#or~~a~ rec~~i~-ec~ ir~~l~~~et fee ererrlit ar~~l~si for tale ~v~~er ii~~~cf lees r~e~~ii~•ed 1~~~~#~~ ~~S} ~rY~~ ~}r'e~~~r'e ~ ~~~er~o~~i~d~~~~~ ~vitl~ ~or~-rr~~er~ts ~~~t] ~'e~or~~i~~e~tc~~ti~i~~ ~~rn~~~~ari~it~~ ~l~e e~~t~~~i~li~r~, IIi CIi~INIA D~~~~~~~L~ 1, T~ I - IVlo~e] ~~lil~ratio~~ ~'l- - ~ate~- I~er~~ar~c] r'oje~tior~~ ~1-3 ~ ~.~is~il~g y~~te~~~ ~1~~~]}ri Ater ~~t~x~~ ~I~~~-~ve~nei~~~ Dr~{~t'# CIF l~~'~t"t faster PIt~r7 ~#~art ~iir~t}1 lf~ster P~~~~~ Repot~t 7. l~ I~~~~l~tng a1~~i l~loclelir~~ Files l~~toclel ~l~ecakior~ ]~r~~~~] 1)cw~ga~ ~'ro#c~~it~c~al ~~r~~atGl~~r~~,~t~#' ~~~~~I~i I'I~~~~ ~1~ ~1~~ l . ~t~~ ~~~t~~~ ~I~~ratio~l{~l Assi~ta~~~~:~ use tl~e st~a~C~f-st~~t~ o~+ ~~~~~I t~ ~~~1~~~~c~ ~~~~r~►iil~ o~erati~a~al ~llt~l`1~~~~v~~. I~i~ti~ib«Ii-~~~-,r~~~~,~~!~tr--t~~~~C~t~ I~~nr~~nti~~~: ~tili~~ ~P a7~~~iel to ~~a~~l~~~t ~t~~- ~e ~~~~lys~s ~t~d ca~~r~latio~~ to disin~e~ti~~~ l~}~-~rocl~~cts, ~l~la~~i~~e r~~~i~C~~~~l, r~~td ~~itril'i~ati~n, a~~~liti~~~ "~s~ss~~~ent 1 l1rl~~aaa~i~t~t~~~t; ~~~~3iti~~~ asse~si~~~t~t nt' ~~n~ler~ro~~~ actor ~~~ov~ g~'a~w~7cC ~s~~ts usir~~ ~ sc~ori~~ syst~»~ ~as~cl on ~il~~ ~i~Iat~rial, ~il~~ fie, ~'i~e iz~, I~iI~~ al~a~it, l~i~~ ~~~ai~l~r~a I~istar~~ lo~atio~~ ~~iti~al 4~sto~tl~~'s. ~11~i-I~i~•e~tic~~~al Flusl~i~~ ~r~ ~'~~7~ I~~1~~a~t F~~ 1~~'~se~~tatto~~s a~ld ~ribl~c I-I~arii~~s ~I~TI~LE II TIV~~ ~l~L~~'I~I1l: FNI is a~~tl~arize~ to ~o~~~~~~~~~~e ~~~~rl~ oar tC~~ ~~'~~e~t ul~~t~ ~xec~tic~ra ~f t~~is A~1~~F~~T a~~I t~~~~~~s ~~i~~l~l~t~ tl~~ ser~lic~s in a~~o~i~l~~nc~ Fitly tl~~ t~tta~l~~cl s~l~~clul~, F~l~iit I~ FBI's s~~~~ri~~s 1~~~~1 tl7r~~~~l~ ~t~ !'~tt~lt oI" FNI F~II sl~~~ll 6~ ~~~titC~~ ~tcl~~st ~ot~t~'a~t s~~~~~l~~l~ ~~tisist~~~t ~vitl~ tl~~ i~~~~~~~~r clads ~~I~~~. Tl~~se clela}~s i~~~l~~~l~ lout ire i3~t li~~~it~~ t~ ~~l~s i~~ ~~IIJR a~• ~'~~~ilat~~'y ~'e~~i~v~~s, d~l~~~~s ~r~ tl~~ ~~~f a~" i~~i;a~'~~~~~tio~~ t~ be ~rar~i~e~ t~ FII, go~~r~~~~~~~~tal ap~~~'o~rals, ~t~, TC~~s~ ~la~r ~x~~~y ~'~sul~ ~~n a~~ust«~~~~t to ~~ml~e~s~ttio~~ as a~~tli~~atl tl~~ fate ~t" this ~GR~F~~FNT a~l~l i~~ ~tt~ICI~~~~~~~t A I~TI~I.~F I I I 1I~~~1~'I`~~1~ T TF~ l~l?1~I~A~ ~EI~~I~F ~I~~~I~INT; Tl~~ I`~Cla~~i~~ it~~~is mere l~o~aE~cl t~ b~ unacc~I~taCe t~r~~~s ~l-`~~n~iti~E~s l~~ FBI tu~cl sly{xll lae n~~cCif'i~cl r~~itl~ tl~~ falla~~ri~~~: ~ I~~ tl~~ 1'~•of~ssioi~al er~f~~s gr~~n~~~~t, ~ctio~r 1, Tl~i~'cl e~~ten~e - E~~~l~lo}j~m~~~t ~l~ tl~~ sign Pr~~essi~nal, tlelet~ tl~~; ~~orclit~~ ~`v~~itl~~~~t li~x~it~zti~~~" I~, I~IQ~IFI~ATI~1~1~ `I'~ TI-iF ~1~~ ~~3ITIl1~ TC~ ~~Rl}F1~I~~IT: TI~~ 1'aCi~~~ri~~ ite~~~~ ~~~~x'~ fo~~~~cl t~ be ~~~~{xc~el~tabl~ terms ~l' ~a~~clitioats ~"c~x• r~cc~l~it~ct~ir~~l or Ingi~~~~ri~~ ~~~vi~es >,a FNI a~~ci shall l~~ i~~o~lilied itl} tC~~ #~llo~~rin~; ~ i'Cicl~ 1,~, ~Icl Il~~ I'~llou►ii~~, ~~~~t~r~~, "T~~~ ti~t~~ allott~~! l~~r~ t~~~ ~~~~~~~''s ~'~~~i~~~~ ~~riads ~~ill {~s age"c~ t~ a~~~l estabEisl~e~l i~~ tl~~ l~ra~~~t s~l~~~C~~le.~~ ~ Article l } Zz~ tl~e l'i~+s~ ,s~~~t~'~~~t~ cC~l~te tl~~ ~~ardi~~~; ~j~~ritl~o~lt iiit#~ti~r~f, • ~~~ti~l~ ~C~te this rricl~ i~~ ils entir~t}~ A~'ticl~ ~.4, I~~l~t~ this ~~'tic~lr~ i~~ its ~~~ti~•at ~ ~`ticl~ Dc~ctc tf~is Article i~t its ~ntir~t ~ Article I~~l~t~ this A~~ticle i~~ its e~itir~t~i + A~'ticle l~cletc tl~c iasi s~~~tc~tcc ~l` this Acticl~ • f~rticlc ~,4, l~, I~~ tl~~ fii~.st li~~~ ~l' tl~c ~~ticl~, rlclcte t1~c ~~artli~~~: 4ri~1 ac~c~iti~~~ to t~~se ~~~clcurccl St~l~scctin~~ l • Ar(iclc; ~.~.IB, Delcte tly~ list sent~r~c~ ~f this Arti~lc r•li~l~ l~, A~IcI tlt~ t~~llc~~~~iri~ s~i]lc~~Ce~ "~I'I~~ ~~vi~~r ,51~~~11 ~i~~~ ~'I'~~t~~i i~~tice t~ tl~~ I~~S1~1~ ~'~'ol`cssi~r~~~l il~ tl~~ ~~~r~l~~' bcc~~~~cs ~~~v~~~~e cif` a~~~ €~~'~~a~'s ~r o~~~issio~~s tl~~ cl~sig~~ 1~4'~~'1~,~~ ~~~,ti~i€ t'€~~Ictisi~€~~l A~r~:e€E~ent-~~~~Ic€ ~tasl~E' P~~n ~~I ~!-~icl~ 11,;x, D~let~ l~!`lorit~ ~l't~le d~~;tt~~~er~t Ilstfll~ ttrld r'~~~~~~ ~~i~~l ~f~~ l~~I~~~~ii~~: "l. T~l~ ~~c~c~tt~~i ~gr~~.trl~tl~ . T~l~ I't~~~~~~l, itlc~~i~irl~ ol~ eli~~ic~s ~trtcl I~~~~allsibiii~~r ~~~n~r 3. Af~~~l~~~~~l~~s ref~r~~~~~~ itl ~ectiort ~ Cllr A~r~ett~~r~t ~tl~~!• [l~tl~t tl~e ~ro~~~l Tl~~s~ ~~ltet`il~ Fr'~~isior~,~" ~~TILI: ~ ~~~~~I~~I[~~>~~~~~'I~~ ~r ~'R: ~~N~FR s~l~l~ I~~rl~ol~r~~ ~~11~il7~ i!l ~ tifx~el~r r~l~rlll~r t~~ z~~~ to ~~1~~}~ rile ~et•~i~es ~l~ F~; ~~~Si~l~t~e its ~~r•itiil~ ~ ~~~rot~ t~ ~~t ~s ~~~lI~' t~~p!{~~t;~~~a~i~~ ~~~irr~ r~s~~~t to t~~~ ~~r~~~i~es to ~e r~tl~er~~l ~~r~t~e~' tlli,~ ~GRI~IJ~IJT. ~~c~~ ~~~r~~~t~ ~1~~11 ll~ue cantrtlc~ ~ttt~h~~~ity ~r~ tfitr~lsr~~i~ i~lst~`~~ctio~~~, r~~~~i~~e ir~~ol`f~~ati~~~, irlt~rl~r`~~ ~r~1~ ~~~firl~ ~E~~ ~c~~i~i~~ ~ttl c~eci~iol~~ ~vitl~ t~~~~~~~~ ~1~55 ~~r'~I~~ ~(~r' ~~1~ ~!'0~~~, assist F~ b~~ l~l~cia~~ aC Fi~i's ~i~~o~tl~ a~~ ~~railabl~ ir~~or~~~~~i~t~ ~~~'~if~etlt t~ tl~~ ~r~~~~ i~}c~~lr~il~~ ~~l~~~~i~rts rcp~t~ts ~t~d tzn~~ ~tl~~l~ tl~ r~l~~ive t~ ~Si~}l ot` ~~l~st~+~t~~iof~ oI' ~Ixe Pr~~~~~. ~7~t1ll~irl~ tl~~ ~~~ldtes, t~~l~ort~~ sk~t~~~s, dt'~l~Uill~~, ,~~~~iti~~ti~flSa pt•~l~~s~t~s af~~ ~tt1~r t~o~~l~~~~l~ts ~~t~~s~rl~~~ b~ FIJI, ~bt~in aclt~i~~ ~lrt a~~~r•~~~, ir~sr.~rr{ltlc~ ca~t~s~~~t` ~ncl ~t~~~r ~~rl~~ltailts its ~I~III~ r~~~ll~s ~i~}~r~~r{i~~~ for s~1~1~ e~~lt~~it~~~iotl ~rlc~ ~~~l~ci~t~ i!1 ~`i~ill~ ~lcisi~r~s ~~r~~lir~irl~ t~~ere~~ ~~fit~li~l ~x r~a~~rl~l~ ~iilj~ s~ ilk ~~~k d~la~ ~1~~ ~~r'1'i~~S ~f rj~ Ftlrr~i~~~, ~r~ di~`~~t F~1I to i~ra~i~~# Adc~iti~r7~ll ~r~~ic~1~ ~lS S~lplt~~~~ ire ecti~rl ~tI ~ ~l~~icle ~~I~ ~r~~ic~~ t~li~ ~I~F~T ~~~~ri~:es r~uireci. F. ~~{lr ~t~l il~~i~etl~ t~ ~~rn~Ii~~~c~ ~~itll tl~e re~ttir~~rll~~~~s t~li~ ~r~~i~I~ I~. ~ot`c~tllate I~~ ~1~ ~~txcl it~~~~~~i~~l ~ll~ pity's ]~t~~~sx~re r~~~r~r~ i~~ ~c.~cli~i~il tc~ FII'~ ~r~ss~rr~ r~~~rc~~r`~ ~ll~Cl ~~~~~~]~1t pity s~~ff t~ ~~er~~~'~~~ Sli~~l ir~sta~I~ttiai~. C, Pr`~~fi~le ~ FIJI ~~1~ ~l~ll~~~ct F~ r~di~ ~l~~l~~i~~~~ ~'pf' f•~~ie~~{ ~s~ri~~~i i~~ Task ~ a~ ~~t~lG~ltllr~il~ t~RTILI 1~ I~L;~~l~A'~'~; ~~~~~E~~IJI~~'~~'~'I~~: FI~I~ atl~! ~'I~I ~i~silltlt~ ~~~e -~~~I~~~~i~7~ ri~~cesel~t~l~iv~~; ~~-4'#lt'.r'~ I~e~igl7at~~i I~ep~ie~~llt~~iue - Tirl~ riisl~~l~, P,I~., ~~C}F ~1~~Dtl, ~~l- Teas S~r~~~t, T~x~~ l~ll~rl~. ~~~-39-71 ~4; I~~lx; ~=l(~~~~-7~4; e~~~~.i~: ~~ti~~~erL~cit~r~fclef~~ot~,~~t~~ ~~~~~~r's c~~Xrt~fit~~ I~irl~r`~'S~ll~~t~1VE - Atll1~C1 ~rtr~~~t`, i~ ~~l1COll} ~~1 I~. i~~~ry, ~lit~ I~, ~n~031z Ter~~ts ilrle: ~~4-3~9-91~; f~~: 4~~~~~~51; ~r~~il, ~rf~llie.l~~lrll-',!`Cl~}'[~~~~C1~~~1,~~lll I{~'s Pl~~~~~t I~lrl~t~~~: ,c;~~~ air, Itl~~t•tl~ttic~rt~ri F~itz~l, aril ~0~, F~t~t ~rtll, Tcx~~s 7 ~ 0- ~~~~;1~i~c~~~~: ~ ~ 7:~~~~~~; I~~tx: ~S l~} ?3~-~~; ~-~~~~il: sic ~~r~~~s~.C~11~ IiT~'s ~~~c~~urttirl~ ~l~C`c~~~Cl~~~ti~~~: ~{lt1Cl ~~~li~t`, Il1~rll~l~i0l~~~ I~1~~~1, ~~rit~ Fc~~~C ~rtl~, T~x~~ 7b 1 I~I~or~e: l 7~5-735} F~~: l7} ?3~~7~~b; ~-t~ltlil: ~~~lt•e~s~.c~tz~ ~~~'ti~~J~ r'r~f~:~s~oElf7~ r~gr~c~~i~nt-1k',~IC~ j1~~~~t~~ r~~~~~ LI~r~ I~DI'~`I~L'~'~~ N CST Ti~I~ ~~~~1L`~~~L~I~I~ . ~~s~~ ~t~t~ ~ ui~~ax{~~e~l c~i~i~~s; a~~~pa~s~tio,~ t~ ~I~~ tl~e ~~i~ ~r~~I As ~trtho~`i~e Sep-~i~~s sl~~Il he flee lurr~l~ su~~~ two lrl~~~tlr~ed tl~a~rs~.n~I I~olla~~s ~~~~,~~~t~~}~ ~~1~ ~~~~~1~~; ~~~1~ I~~ ~I,~~~# -~1t4~4; ~`asi~ D~,~~; rl'~sk I'~1,4~II;T~st~ -1,7"7. II' ~I sees rire co~~ oI' ~~'~~ces cl~~~~~glll tl~~r ~d~lrtral~~I seR'~ri~es ~r~ ~~ee~led, in~~~IClirr~ I~~rr ~~at li~~~irecl to ti~ase se~'v~ces dseril~ed ~Iditia~rirl Sez-~lices iii rt~rcl~~~~ent I~I ~~i~l r~otil`}~ l~or` ~11I~}s ~~~~ov~ll ~e~or~e I~r~oeee~li~rg~ ~~iditio~~~rl Ser•~~ice sI»~I Ise com~rrte~ 1~~rse ors tl~e Sc~~ed~ale of Clr~zr~~es, I~, c~~~~l~~i~~,~~~r~~ I~~~' ~Id,~i, "dark: Stet' Ie~~i~er S~rlrr~-}t ast'~'ii~e~ Itr~ti~lier oI` I . esiclc~l~t Iei~~~ese~~t~ti~fe ~l~r~+~ Cast'I~ir7~es II~I~rlti~lier' of ~.I~rr` Cast is cl~fii~~e~ tie cyst ~al~ri~s ~i~~cl~rdi~r si~:l: l#;~l'L', ~~rrC{~tiai~, rr~r~ lralicl~r~r a~~Iie~ble tl~er`era~ l~l~~s ~~~~a~~I~~o~n~et~t ~rErd I~~~rol[ t~xe ~z~d c~r~tri~rlti~~~s for sacirrl sec~rrit}~, ern~lo~~~~~t~r co111~3~I15~l~1~r~ i~~~~I~~~[7~~, ~-~tir~r~~r~t be,~e~its, r~~ed~err~ tr~r~l arl~er i~tstrr{brae, ara~i ~tl~~r ~~~i~celi~rnealrs be~~efits, ~t~~el' ~i~~eer ~x~~er~ses ~etti{l~ Casr ~ii~es I~~~rltipli~r' of I.I~ ~tlrer~ clir~ect exl~err~~~ ~I~aII irrrrlt~de a~~tsi~lo I~rii~tir~~ rr~rcl ~-epr'oclrictio~r exl~errs~, ~~~~~n~~~~~ic~~ia~~ ~~er~~~, tr~~lve1, tr~rr~s~ort~tio~~ a~r~l s~r~sistence I`ro~~~ fort ~a~'tlr end otl~e~~ ~~liscellrr~earas e;cl~~~rscs ~ll~~~tl~~ I*elrrte~l to tl~e ~~or~, i~tcl~rdi~1 costs of l~~o~'~tar ~~~~~l~sis, test, rztr~i atl~~~~ ~~~a~`k ~`ecl~ir~tl t~ ~~ne b~ r~ldei~e~~ciertt persoa~s otller' tl~at~ st~~f n~e~~~~i~~'s, f'ar' er~~ic~s ~erfarn~e~ by [10~~-FBI en~~la}gees ~~I~ere FBI pj+o~ri~les ~~ot~ks~ace ecl~~i~~~~~nt ro I~eri'ar~rr~ slrcir serviees# tlres~ s~r`~~i~~s u~il~ b~ billed t~~ cast tir~~es ~ ~~rltipli~r a~ 2.~. ~'l~i.~ r~~~~r~ktr ~rpl~ro~ir~~~rtes the cost to F if ~lI e~~~~la~~e~ ~~~rs pet~~r'r~~ir~~ the s~n~~ or* ir~~il~~ ser-~iees. ~{rtes I`o~~ Ire-pause Seri►ices Con? x~tc~~ I~rir_ ] ~,0~ leer l~a~rr• I~i~rei~ ~~r~~I {i~ite I ~ I~e~~ c~I}y ~Iakle~i a~o~+ _____.r >~or~ leer l~1at per ~al~y Sl~eei~rl l~e~~ ~~lat ~~atli~~ ~.7~ l}er' l~oo~ 'I'~stin~; ,~~~~r~t~rs De~~sit}r ~1~eter 3~~~,~0 der rna~~tll ~~s I~~:Cectiar~ ~ I~,O~ pert test l !)r~~i~4~~ ~'i'~I'~scioi~;~l ~~~c~l~lc~}!-1~'~t~ki ~1~it~~t~i p~{~~~ ~ ~#~11~'~' ~~~~~5 ~I~II~~I~IJ, l PR~J~~T I~I~I~AC~R I ~5 I~1~II~ER I~ I~ ~I~I~ ~I~CIS~I15I1~I2I1T~IAIJ S T~~~ ~~~tl~~s ~~»cl ~tlr~~~r~d~~~~~ ~~~I~~~~i~~ ~ aclj~~t ~n~lu~~Il~. i?c~~~n E'rafessi~i~al Afc~:i~ie~tt-~~'~tc;~ i~a,t~r P~aiy _ ~~VNEI _ _ _ i _ _ - 5 - r ~ 1 J f ' 1 1 F f e 1 ~ s _ Y ~ ~ ~S ~ ~ I (V - a ~ - ~ i k + ~ s r t ~ y' ° s i ~ a ~ f r { i 3 ~ r a s } _ _ < a r s ' ~ f b t ~ s I i z c ; k s i ~ s -s = e s ~ - i . + r ~ r { ' s ~ s = } y ~ ~ _ + - s i k _ z i i S 6 I f i i 3 f s s y + r f ' s ~ i s [ { . ~ a 3 i $ t t 1 s 3 s ~ 3~ a i ~ i 3 s s s e ~ ; ~ ~ r s 3 s + E t 3 c e + ees i i f ~ t { f ' ~ 3 ; r i ~ a i ~ 3 ~ r ~ t p s r a # t s } s c r-..~ i t ~ E t i ~ r i a ; f i + ~ ! _ f ! : { ~ E ± : 1 e a a ~,.s ~ ! i i ~ e . S ~ i s < ~ i~ ~ , y s ~ r s ~ i t 1 - ' s t E ~ ~ ~ . ~ ~ ~ r~ i { ~ d1 3 ' „ ~ i ~ - E f ~ { ~ ~ i ~ ~ s ~ ~ i i ! i i i ~ .k L.~. V I ~ ~ i + ~ i~ a i t - s i a I 3 - i r s s P i h r ~ ! ~ V t { ~ i s r ~ s 7 ;y 3 e a } _ ~ ~ r i = E s~ ~ ; _ I Y t ~ ~ " C~ ~s s r ~ - E • ~~'(-'~,y~y v S 5 ~ f ~ ` i r ~ i~ € z r ~ _ ~ s ~ ~ ~ ~ i ~ ` ~ " i f ~ t ~ W ~trl~ll' i t4 's r ° ` 1 I.~ ~1 SVF - - r 5 ~ 1 i i 4 ~ s r • ~ - i - ~ ; E ~ 6 a < i s ~ i 3~ e o { s r e - ' ~ f r f s i _ a . j i ~ ~ k 2 i e i a ~ t s 4y ---f ~ F ~ r e o s ~ i I - r n ~ s { e ~ s i - v S~ s ~ ~ a s ~ ~ i ~ s e Grp, = r' [ s ~ r E I . ~ s { e1~1■ i..+ s ~ 1 a r ' t E ~ r a ~ ~ ~ ~ ' a ~~rr h/ ~ ~ i i i s •Fr 41 i i r { e ~ i E - a1yW ~ ~ 4~ti' s k j ~ s ~ y { i ~ ~y~ ~jf 171 r S } f~ 4 S x u W w s e i ! ~ ~ L+ f'~ } # s F ' s ~~y~y s + s i ° } i s vl r 4.. } z ~ i ' ~ : E f ' t c ~ . t r r ; " i ' < s ~ s j r c f { n t i.-, i a ~ _ VJ a ~ e f s : - i _ c - ' € ' 3 ~ i s w i 1 ' r r ^ _ 3 ~ z + } i 1 i 5 ~ i s F~ ~ ' i fi 3 i k c s ~ E f r E 3 ~ s s _ ~i + ~ ~ ° r ~ i `r y ~ _ ~ _ ~ e n i ~ E _ ~ ~ = e _ fy ~ y i r _ 1+ i i $ E ~ # t ~'y y r s s s i r t s E . - F r i ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ 4i ~ ~ ~ ~ d~] ,Nti_ ~ ~ ~ ~ L ~ G3 4} ~ O = ,r17 ~ N N ~ C s., ~ ~ ~ 'Q ~ ~ ~ ~ Z3 ~ ~ ~L ~ ~ ~ q) N ~ l1. ~ ~ ~ ~ C ~ fly ~ ~ ~ ~ - - m~ - - - ~ L~ ~ N #tn }ice ;t~ p i~ ~ i~ i i ~ # 4 r ~ ' tt ~y T' ~+r ~t 1~tt't"t~:~. ~~~i~'i'~I~~I~EGiI1L~EIl~'~ ~'~NSD3lI,~ '1~c rahit~# or E~~inec~s ~erv€ecs ~orEsist ~f`iltas~ scr~ic~ fur the Project (a~ de~~ ~ life a~e~~~i ~~.c c~~~rv~ and proposal ~~e „~rap~sal~'~ to which iheso er[~ral ~a[tdit~'azis are tt~hed} ►f'armed ~e Araltitt or I±~~i~t~r r~inallcr c~ll~l ~e "~]esi Prefx~siaaal''~ or Isitt l~ef~ssiorta~'s ~t~lnyc artd cansultattr~ as euurzteratccl is Arficies s~~ 3 ~f dicse C~ertaral (:attditfoa.~ as madi~~t tita ,nteut and I~opasal ~tt~e "Servic~s14~. l~;,sign l~mf~,,~ianal w~ ~er~'orrrt all services ~ atx i~le~e~tdent ~antra~tor #a tits pr~railin~ l~rafessinttal stanr nsistcnt ~itlt the Ievel ~f cue ~d skill ordiy ~~~rcised by tttam~rs of~.e aat~ p~I`cssian c~€rerl~y pra~t#cir~ ~ sine la~afity undcx si[nilar canditto, including reasonable, irrtted jud~ne~ts t p[or~pt I~ ~~fiaus ~tho "I~cgr of dare"}. ~e er~iu~ sEtall ~t~form~ ~f~~usCy a~ is ~aistent with dta ~ oft;rira necassa~ ~~r ~e ~~iariy ~r~S I~.~ I~rajf, tAlp4~t reclrre~t ~#he the it Pr~fessiottal. shall suhm~t for the ap~~val a s~e~ule for tine perfort~t~e aftha 5er~iccs w~~h may be adjusted as the aject 1}ro~ee+ds, and shall ~cl~de alio4van~s fer periods 4ftime ~~r~ for ~Y vttei's review and f~~~ appravaI ~f su~missians alrtha€iEj~s hav~g jari~dictiart aver ~e I'rxtject, Time i~uits cstahlisl~ed ley this schedale api~ratred l~~ ~w~er shall uot, exr.t tar t~i~Ia cause, ~ exceed b~ the iig{t ~rofeasiau►.tl or c~r, a~td arty adjasfEt~enfs to this sc~r~l~tle shall lie ~trtually a~epfal~Ie to hO~t Patti AI~T~f`L2 S~`~]1~1±1 ll~St~ 1 ~1;~ 5~~~~ ~EI~~I~ ~lte ~esi~t I'rat'cssioaal's ~as~ crvi~,s ns~t c~ftltase descril ~ ~#lo~ tttr~~~h ~.G ~~thesc eEteral. ~ttd#tr"ans and include ~vithaut limifaiie~ nortl sssuctttral,civil, mechanical cleetr~a! angi~ecriu~ service, artd any other ca3g€nring sert~i~, ©ecessa}y to pmcltt a ~arttlsleta a~td acct s ~ ~~uclian innte~u#s, as cl+~criheri ~y and re~~tirad in ect~an 7hc Basle Services ~ ~ tuadiC by the~Agreomettt. .I ~lte DeSEgn: PraE~~iolaul, i~ c~~~~Itat#a~ wii~ the (~~~ter, shall develop a ~~~ittea ir~~ tar ~a l~roj fo asaar#aia ~vne~s n~ and t~ e~tal~Iis~ ~e re~uir~ernent~ ~r #Ite I~ajtet 2,~.,"~ The sign fcssior sl~ali provide a prelitttittary evataation afilie ~~et's pro~rartt, consf~ctiatt scl~dule and cotts[~ctzart budget regni~ct~te€tts, etch iu #errua atthe adtcr, subject to the lirnitafio€rs set tarty in Strhsec#io[t ~.~.I- ~'lto Design Frol"~aa1 shnll re~tiew ~+rith the ~vttcr al~ernatkvc appraacltes fa dasi~€t aid ~vns~c~on afthe Proj~t, ~.~.4 has a[t tEti~ mutually a•t[pau l~~g schedule and ~~iaa budget re~u#retnents, rite Dcsi~t Pro~essi slut p~:~~re, far apptuval ~y #lyc tncr, cheittatie Deb atrrtents co~tsist%ng of ~ra~t~ittgs anal ~thcr da~ment$1llttsf~tittg fire scale arrd raia#sltip afl~rojeGt c~ralrO~te~1s~ 'the G4tematic 13►,sigtt shall ~titcmplat~ ~ntpliaac~ with appiieaitle #aws, statutes, ordipance~.s, codes d ~h~.tla[lans, ~.~..5 'tlte ~csign l~tofessianal shall b~dt t~ the ~hvtter a ~relittttt~ dcla~ctl cstirtta~ of tKanslrttcdun ~osf ~ a~ ~~t arm volume ar o~tcr ttnif costs a~td ~~rhicli iudicadcs rite cad n#' each oatcgory of worE~ i~tvalt►ed ~ e4usttttcting the Proj~t and e~#al~lites ~ cIa~sed #ime tartar I'or the period of time dam the rorn~nment to the taple[iau afeonstrtrc~4a. D1~5I~~` D~V~.~..~~'i~' ~'~'fASE ~..3.i used an the app[ovul ~clte~natic 13e5i~n ~acurncn~ ~d any adjt~stt~ett~ ~~tltari~d by #ite ~w~~ iu the p~g[a~t, schedule or eartstrtt~fiert budgcf, tie lsigu I'rat~sior s6~lI prepay far approval by fhc Oi~aer, I]~,ig~ v~lopr[t# i~ocw~epts ~nsist~tg etdra~v~gs ~d outer dactrrttenls l4 aad d~cetbo ai~e std citaractcr ~~~tc j as to a~bifecttual, stzuctttral, stt~ltapi~~ aDd ele~rica~ +s~rris, ~tcs and ~uclt ether eletneuts as ~ appropriate, ~~~ch steal[ cam~ly ti~~tly all applieal~lc laws, sta[tttes, nrdu~n~s, codes and regulatlaas. ~'ott~ithsl~tttdiag ~1~,~e['s app~t~l of the do~€t:cttG~, sign I~rotessiona! repret~ts #hat- Dccurncnts and speci ficatiat~ ~vili be sufficient and ad~uake to ft rite purposes of~e Tho Sig~t i'[~tessioa~ s}talt advise the ~~~~ter of any adjtL~trttc€tts to the pr~elirtwtar~, ~slintate of ~ttstrtrGtiott Est in a f~~l~or Detailed StntGrncttt ccri iu ~Catlaa ~.~.5 ~~~'tr~t~~E~A~df1AS~ ~,4,I Dt~t~ ari tlye approved Dai~i T~velal~iur~t Dacuructtls sari atty far~ter adjttztcttts ift ~o s~pe or ~alify of the Proj~t or in rho consirRtclivEt budged aailxorr3 b~, the O~vxter, the ~~s~ Pre~essiQttal shad prepare, ~r apprtrv~ by tl~e d~tivater, €rstrttcfiptt'~aGttttt~ls r~~~t~tg atl7r~w~gs artd S~ec~i~rrs scftirtg ~'artlt i~t detail ~~uircttlcrt[s for khc c~~uo~e[C o~l~~ l~oj~t, ~~lt~clt sly cviiy ~~ilh all u~piicablc laws, slaitttcs, ortlitt,~nces, caries and reguletians. 2,~,~ Tic ls~~t ~roi`iortal sltali ass the ~~~er ~ the prel~aratiorG ~f~e ttssary Uzddittg or pracurcmCttf in~ern~tio~ bidd~~ ar pr€~ct~re~itcttt fauns, fire Cottdii~ans oftita co~ttrac#, and llte fonts of Agraernent bct~~recn the ~wn,er and cond~aCbar Tire 1~esi~n profasiot~i shall ad4~ the ~~rner of~ty a~jnst~°nts to prc~riaas preliminary cstintat~ at~anslr~tction ~~st utdicaled Icy el~anges jr<tt~tnea~ or g~u~r~l tttarltiet cattditior~ ~,~.4 'plte Ii~~t l~rof~ssional shall asst cue owner ire ~ntieUtiaai with ttte ~h~rnct's re~~c~usl'oiiity for ~l~tg dacttu~nts retired for uric approval o#'gevcrumcntal autltori~e~~ having j«dictian over Ilse Project. ~SV~~l. ~'~~+,JtY ~~~~~r~T 1 JCkVk..i1LL~i2~~i1T 2,~.i 't~lte f~,►i #'rofeional, t~do~g €fte ~~r~te~'s appxo~~al of the ~xtt~trtxc#ioct Daca~tttccts artd o~ dlte la~,st pre[itni~at~ d~t~il~i estivate ot'r~kn~~i~n fast, shall assist iltG t~wner in lyrac~triag a c~rtstratction cautract for the ~roje~t tlu`au~lt lar~curetaett# ttteihocl fat is redly agpfieahlc to tfte project includitlg ~vitltat~t Page 1 at ~ k~~1l:scls2tl; l:ont~l~r~t~.1~L ~~~Ul~'!(~N~-~,'f~~~D"I`•Gl~irR,doc ~~aEsea s-3~.~~ 1 f ~'iitati4~, cat~► ti#iv~ sealers bide ~lthcu lE Ot~ner ~usider the rkdviee of ~ Desi ~fesstorta[, the award of ~e cprt5trutftioa t~ntt ~ in 1~ ~ ~ the sole ~ [s~ettoa o f tlLa Ou~kcr 2.5,2 ~ilte tonstcu~ion, ~n~rit a~ttattrrt for the ~~t e~:eacls ~e total ~nstructiort cost of ~e Pm~ect set for~1 i~ the appravc~! Detailed ~tatemerkt ~i'f~rofe ~:4r~tructiolR ~ of the 1'rajcd aRkhL~lt~d by the ~si~t 1'rofessianal, the dtC ~igrt 1'r0~riopal, a# its st#le cps# attd ~xpw~se~ w~ revise the ~otl~tntction .l.u~ts as y be regair~ ~y the O~~rtsr t~ reduca or u~ndif `y the gaautf'~r or ~u~~ity ~f t1t~ s~ #h~ tot~i tts~nt~#ian c~~ of i~ Prv~ect wi![ u~t excel rite total constnketian Est set f4rflt i~ ire apgraved ta,iied Statn# of PLnikable ~ansfructio~ s#s_ ~+G.1 Desi~ l~rofeioaa['s ~respnk~ihl(iiy #v provide }3L~sio ct~ices t'or the ~onstrcctiau phase trader l Ag~e~xterlt cot~cne~ with the ~d Q~thc ~Otitraet for (~attstrttrctiort ett~ totmr'ttal~ at ~e issuar to the Owner of #iLe ~nai rf r`#i~ ~~r payrr~e~t: ~e extettdcd ~~er• the temp of ~ttbse~~on ~,3,~ The l Prafessianal. shall provk~le detailrxi adr~inisttrati4n u~'the tract far t,'vc.on as s$t fartil glow. for des~gu prol`~na15s tl~ adnunistrat~rt stroll also he ~ecvrd~ce Zvi clor~,rktent A~4#, General t::aaditions of the ~oktrxact ~r ~aristrucn, er~rea# as of the da#t the Agreement ~5 stay 6~ amerk~~ ~y thtr pity of ~rrton sireecial ndi~ar~, unless atfacrwise pro~ide~ khe A~aeut. far eni~ocrs i atlm`~'aki~tratr'oLr stroll also ~ in aoecrdarlr~ nth tits ~~dard l~ecif tr~az~s ~'or l~blio ~~ads ~otructian ~y the I~rottlk ~entra] Texas C,orkr~il of Oavemrttett~, agent a~ of the da#~ afdte A~aernent, unless otherwise pravi~lcd in fire Auer3t. 2.G.~ ~anshkrctian ~itase klkities, i~spok~sibilities and lirnit~tiorks afau~katity of ~e r~tt ~af~iorkalal 5ha1C not ! r~strict~, rnadr~ed ar e~ctend~ ~vithokit writ~rt ~i~Ct~,3~~~~~~~~ Ou~ltcr~lld St~,t1. ~f+l3ft~5t~f~~. 2.6.4 the Dcsigtt Pr~'essio~l. shall be a repxes~rklative afakia stroll Ekdvise aril ucuit w€~ rho (~~'ner ~Ia dtkri~ astrttetiau, $ucl ~2~ attlie ~tvne~s direetiort ~m lime to erne clnring the t~trectitxrr, ~~`armnty period described is the trontract far Oalkstrtrctian, ~e ~e~i~i prafcssiorka~~lkall ~aYe au~ari #o ac# ou lieltaf~ke O~t~r a~~ to the extent provided itt tits cel~Lrt ai1E! ~te$e oLkeral Contlitiokts, ttLt1C,S5 a~er~ase li~~ by writterk i~►~#. ~.G.S The Resign ~rof~ssic:aal sJkall altve tha const~tc#iort site a# lit otYe time ~ ~veel~, wlkile aar~tikke~on is i1t lrrogress, grid as k~arotrably ~es~ry ~~ltilo oonstm~tiat~ is oat itt pL~gr~ss~ to brno 1'nrttilik~ wiklt tiLa pragress and duality of lha work coEtkplet~ attcl t~ r~eterkttint; i~the ti~'ork is 1~ing ~erfnrme~ in a rtes i~dicatikig that ~~~ark when completed will irk nceard~kn~ v~ith rho C.orttrae#lcume3~fs. lltn~i~ ~'rof~sioual a~a]l pravitle der a wti#tott report Sutk~k1# tc~ each otl~ite visit, the l~ of Q!1-site ~hservatiolts tike r?kSiglt ~faSSir~attl skill ~ the p~vner r of the ptogres~ surd city of the wtlil4~ apd slkall cxcL~cise dta ~~g~ee Ufa arx~ cliliuoe dovering anti l~~r~ptEy repartirr~ to Ou~tcr any ~bserY.ahl~ defeet~ ar defoiencies in the work of~ant~tctQr or a3ty snbc~nttar~. 'flto l~si~k Professional represr:als fat lkewi~ ~a~ot~~ ~g ofre i~ perforrl>all ~ervi tkktdcrtlLe Aglrterlt. Thy Design 1'rofessianal slk~all promptly ~oct ~y def~tive deli or spea~'lcrkt4orks fttecl by the ~°5k~t Profcssiot at cost ~ tie ~t~rer. ~t~ per's a}~rra, tt~~l{:Cf use of ar p~yntent for alI or arty p~srt of the Dcsf~rr 1'rcfessiaktal's ~e~ic~s lteretttrtfer ar of 1ha Project itseYf shall ~ n~ wad Ater the ~es~ profes5ianal's abligatious or t~: Chef's rights herek3n~er ~e D~i~ Frofes~iolk~l ill .col llt~vc Contra] o~~er or altarge of and slkall got be r~pa~ihle #ar cackstrkkctinik nae~ks, trt~thod.~, tc~hrtt`tlrlc~, sequences or proCedkktes, 4r far safefy preastktiar~ and pragran~s in r~;ukcctzoa with the ~t~arl~ ~e D~si~r 1'~fessiottal sl~ll oat ~a~ilrlc for the Caahraota~a s~hed~lcs or f~l #tr ~rr~+ oui rho work ~ rrccardafkec ~►itlk ate GQLktract bac~~ crept i1oi`ar such, f~ilurc ~y rat front lid Professit}pal's t1c~~ligea# acts aras- sio~~, The lid 1'rt}fessional sill no# lave ~ntrol over ar elLarge of acts or or~ssions of tlto Onntractax, ~tL~ttractors, or tlkeh' ae~tCs or ~~kplayees, ar of any o#hcr p*rsons pct(~or~ilkg pc~Liions of the work. 2.x.7 ~.e lurk l'rafessio~a! shall a# ~l! times lkave arms #o ike wok wherever if is ~ l}rep~ratian ar progress 3,~~$ lacct racy crl~e~:ise he provided ~ tJte ~orltract l~cumett~ rrr wltekt dirt rttktturritioktss lkave hcelt spek`ialiy truthct~ecl, dte C?wrker aid tlor€lt~tetvr slkall coktlierite ttkratr~lt the 1;3csig~ ~al`sional. CommtiLticatiotrs by ark ~tlx the I~wigu ~'roI`essioual`s ~kksk~Jtants stroll lxe ~iraLkgh #fie ~si~rk Professkaaal. i3as on ate 1~sigrt ~'rofessiop~l.`s ~laservatialls at the site ot: the ~~'orlw arrd e~raluattolks afta C}orktrxictat's applications far 1'rkylnent, dke ]design PrafessioLra! steal! txkiew ansI ~rt~y the aatoutits doe the ~ont~aet4r 2a~~1~ The ~esiglt Professional's certificatioEl far lkayruekkl slktkll c~i~titute a reprcut$tiakk #a tiro O~ker, laascdoQ tlLC situ pra~ssional °s alrserva~arts at file 5ita as provided irk ~ubsc~:tion 2,~.~ auk oa tl~e date eornpdsirrg rho ntrtaeto~s ~kpplicalion i'ur 1'a~ymeni, steal !h~ has pragrcd to fire paint htdicttted artd that tlka ~lity df #ite ~~arl; is is accardanre wlilh tJkc Gontutct Doeul~nt.~. `!he foregaka~ xLpr~ktativus are akkbje~:t to nt~nor davtatLOgg 1tt tltC t~4u~Ct ]elklkicn~s car- tcc#ahlo pear to eompletickrr attd to SFe~if ie gi~tcatiacs o~prs by tike L~esi~t Professional. T'ho itka~c~ of a C'.ortificate fvr 1'a~►ut shall fikttlter coL~#itttte a repre~erktioa that the Corrttor is ~ttitlecl to paYmcut in the a~nokrat ceL#iiied llox~~ver, eke ~5Sna1kCE of a Certil[c~tc far 1'a~'nteot slkall not l1e ~ represertlatl0~ tl~ttt the D~ipn 1'rofessiattal Itas ~l~ r~viewecl ~nstrtrctloit rttC5115, it~iltflds, tikirlttcs, seottces aX eveaclrt~s, or aSCertain~l hew 4r for ghat ~xtrpase the ~ontraetar has used. ~taney previously paid on aocatrt3t o~tlkc Canttuct Strra. ~,~.1.1 The ;fin 1?mf~siortal skaall lLav~ tlt+~ rerspoktsiirility rwd autltotiiy to ro,}eot wor4c which does rat ~rrfornt to X10 rltrattt 3~oeume~tts. ~tetleVBr the Dasi~t ~afessiona] eok~idcrs it ~eocssaty or adv~ahlc for intplcmcrttatic~u of ate irktealt ode ntraet l~oCekt~, tike 1]esi proPessiotka! will ~,aavo authority to rCgUt'r+~ edditiat~.l inspection ar testing of die work in aeaordartcc with the pttlvisiot~ of ~e OolktrrLCt ~octma~ts, etbcr ~r n~ such dark is ric~1~I, }tkstalled or Gart3pketeci. I~lowCvcr, ncL~teE thks tktttlyar~y ofthe D~k~ l'rafesstopal naradecislork Ltt~Lte t1t goad ~kth either ]o exercise orrtat exercise such authority shall givo tiro to a dkrty or r~spoasil}i~y oftlke l~esigu Plvfessior~al #o the Gouh`actar, ~ulrkktx~~tars, atatcria! akrd cr~ipme~t skapl~~icrs, their agents or ~r~ployees or other ]kersaus perforrt~in~, portiokls oftl~e work. ~.G~12 Tha siart 1}rof~ssio~al shah teviawr ~d appra~~e ar tape atlt~r appropriate acisa€k u}~ou ~an~ctat's s~alirnitia S~CIk ~s chap Dra~{itygsr P~dktet ~#a a an~plcs for the purpose of (l~ deterlu~airtg carrkplirakcc'~°kth applkhie iai~rs, statutr,~, orcl€uances anal modes; ;~k~~I ~2~ de#erntlnll}g wt~etttaF nor trot tJte work, ~~~han compfet~ir ~~~iil be ~ tot~pl~t~Ca wilt the re~kxirerzkts ofthe Gokktract ~oet~ntenf~, '~c Ik~i~rk l~taf~.siotkal ,glkall artwi~#t suelr rtttahlc~ protnpiness to cause no rle~ay ~ tv ~~'oric or is fire ins#ttlctiolk oftlte Owner or of scpamt~: conoro~, w~kile allowing skk~ioicttt time is the Desist Professional's pra#'essiat~ jud~ne~lt pcr~tit ade~t€ate re~~iew, moiety tx£saclk strl~rttit~ls is not ~rtdttefetl for tite ptk~se of dcterrrrining ~e acy and ~tltple#erke~S of~tltet` details such as sliimerksions alit{ quantities or fcrr sttlrst~tiatit il~truetions far i1~~b.1[atioa yr perfcrrrtt~rkee of ~t~ignten# or systerru diet ley tite tttractor, a1I of which tentaia the respo~sEt7ility oftf~c; Cont~Gr+kr to ~n exent; rectuiroti by the t~~ntrac# 1?QCU~}te~~t$, ~`lke t}usi~~k prole~ion!'a rev~w shall lkat ealistitkkt~: ntaprovul ofsa#y p~:ayktionrs Or,11~11~55 #Jtlk~r~1'1S~ spec~t~ Statt~tl ~ ptol'esskorkal, of ~4[tSt€fiCtl4q LIt~, CrrSth4, ~~lklkL{~u~, 5~[j~[tit1~S p~'Q~i;~k]r~S. 'Ihe ~C51~k ~SStOnal'S appro~'a] afa specific item sl~al! 3tot indicate apprvUal ofau. asser~tbly of which. the itcr~ is a Cokt~po€tent. ~ profio~l ceri~cetion of perfortr~ c~kr+~eter~tics Pag~~of~ 1-T~14iisclAlark~ lYor~kt~~~~i~l;l~.A.~. C(?'I~ITI01~~-A~Gf~I~~~=~l~~rl~~~Rdo^ Rct~isei 5-3~-~2 • a f ' ~f tnaferialS'systcr~s or e~tti~rmerit ~s regvir~ ~ too Contract ~lzt3} l~:sii~l Pr~~~~~~1~ l~ to rely u~a~ sued tti~icat~rn cs~hiisir ~a# dre r~laterials, syStcru5 4r ~trilm~at me~.t ~rfor~an~ Criteria rtdted ~y ily~ Cal3€ra~t Doettmen~ ~,t;.l3 'l'ife I?rsi~ f'ess;~rral sltal[ prepare G~at~~ Ord~s a~td t✓onstt~c~,Qn ~Irar~~e Ulrc~t~v~, wit}r srl~ItoFfing ~aG~~c~tation acrd d~~ [fd~e ne~ess~r~ tie sE~rn ~'l~~essiatta[ as provided ~ ~u1~,t#o~ts 3,1,1 d ~r ilxe 4wa~s aft~r~val and ~xecntion ~ ~~or~lanc~ w tlt~ C~n#~~t l~ocult~, may anttt~tc irt~r eltiattg~s ha tea w~ri; ~tvt invalvlr~g ~t ad,~uslrttetlt iu #lte ntraet ~ ~r an axtcn,giott of the tttruCt wlliclw not in~~nsisi~ttt wig ate tent o~#he Contl~tDaottn~ren~s. ~.~,i~ On half o~'the O~rner, die l ~r~fessionaI slrail pdut~t inspection ~ detine tie dates of Sul~~a~ mp~et<on and ~in$l Corn~letion, i~ reciuest ~y Ov~cr sl~af[ i~S~le Ccrt!ficatei; eful~€~~el and i!iltal Colou, `l~~ ilk i`i4gai w 1~~ ~c1 Fevi~ti~ w~itf~ ~laraute aticl re[~ted ~ecurrtetlts re~ir~ by rho Contract for C~~trueti~n to tie assembled by ifZ~ rrr ~d sltatl is~ve a mat e~te ~4r l3ayrn~t t~pcu toFOpliaacc wil[r e req~lircl~rttS o~#he Conlract~~cents ~,~,1~ l)esi~t I'ra~s~i~n~l shttll irltcrprct auc[ provide rrnrtrer~datiuns ~a ntaftci~ ~r~orrl~t~ oftile Q~ler arld Ccncf~r t~ltder ~e re~~re~l~cts of the Cottf~,cf Docents o,t ~~ifteu re~~t ofaitl~er ~~uaet or C~~ttractor `i~te sign l*ro~ssiouai`s response to strrlr rcrlucsts s[lail tn.~de wltb rern~b~~ pr~rnl}fitess a~cl ~viilun ~y tuna limits acrd open. ~rtterl~ze~ticx~~ and de~isi4rts ~t•dle Dcsig~ Pr~f`cssic~A~~ shy ~l~isf~f vrit[r d~ irttcnt cf rea~onat~iy infernble ttvsn dlc Contract I~ctrrrten~ and slid[ in wrifing or in the ~vnu ofc~awi~~. Ilea ~aiti-ing st~c[t i~ttclpret$3ic~~s a,nd it~.i~~ ~S#~riS, Desig~l~ra~essia€tal Shad ~~dcavorto secure fttilt~ul perf`nrt by bOt~t O~~er aad Ccntl~c~~r, std shah pct be [iab[o 1`~r rests or intcr~iettaticrts oX dccisians ~:derv in ~ t*aith irl ac~rdat« ~vit[t nl[ the gE~visior~ ot*~a~ A~`~ement and ht tl~e a~sepc~ ol`negligr~r. 2.6.7 I~osign ~rofcssiana.[ shall dsr dco~sint ~vit~t. a Xca~sona~[~ ~r~ cn all c[aims, displrt~ or o~xcr matters in rftlesticrt 1,~~n ~c O~►cr and Conlr'cto>; rcittli`rtg the ex~cttticn ~r lr~~ ofthe ~orl~ ~s provided in Cont~Uocumea~ts. 2,6,ih ~e Design ~'rafessianal {l~ sal! render,services trndu the A~me~i ~ a~crdau with I;rec ~f`C~re; ~vilC ~e[~6nrso ~e Cwlter for all damages cat~~ b~ the defective dear the l~es~i~l profe~ieaal ptep~es; ~d ~3~ by ackn~wledgin~ payrucni ~y ~~vrter ~~.any ~ du~# si~li got be released ~nrn any t~g~#s ~c Oc~cr stay eve undo tlrc ~grccment or dimwis~ arly o~tl~c 17iP~~~sCcn~'s ~bii~afict~ tlieteu~dcr. ~,~tl~ ~lro l~esi~r l~e~sio~l tal[ provide #ha vttcr wxllt feur sets of repraduciblc priutS sh~win ail sigtthi~tnt ehange~ tits Cc~s~uot~an Daculucnfs d~~ting tlt~Canstructi~r5 ~1tas~ 3,z ~~~T~:It,~i~~ a 3.1,t 'i"#t~ sen►i desc~lbed ~ this article ~ are pof htcluded is Basic eruices tntle so identi5ed irl,ihc ~.~c~crxt or Propel, ~ttd they sl~ati ~ p&id CSC by the Oc~lrer as ptovid~l in ilte ~4,gtm~rtt, ~ addition to the conrpetrsaticrt r ~asie ScFVic~, "fkle services de~cr~d tinder ~ti~3~ 3.~ ~d 3,~ stt$.li only he prov~l~l if authar~ed nr eon~rtY irl ~rithrg ~Y the Owner, if servities.descn`bcd tinder Caut~goet Addifiatta[ ► crvices in ~vction 3,3 sre aired drtc to ci~~trnstanccs ~eycnd the Deign, ~rofessiar~lf's eontnol, the Iii Pref~sional soli ~ct~y the Cwrter iu writh~g and shall not ~€tunen~~ such additianat semi tmii[ it teeei~es written appr4vai ~ratr~ O~rpcr to prod, ~ fire Owner indi~tes ~ wrl~ that all or par# ~£sucl3 C~ntipge~t ~dditiou~l Servir~s a~ not reciuired, the tie~i~ Professit}n~ Shall have ne o~li~ttio>t to prcv~idc those siccs. ~wnCr ~'l~ responsrh~c for ~IItpcnSS~~ DeS~~I i're#"sianal star Conttrtgeut 1~ddttton~l ~e~v~ cttly they riot rKClttireti dttc t~ ~~[ig~ce ~r Brit of l~asrt l'~[o~essi~pal, r~~O~~a~~~z~T~~ranT~~~o~~~~~v~ if ~orc e'x#~~rsiv~ represeatatio~r at the site tl described iu tt~ian ~.tt*~5 is ruined, the 13eSi Ptaf~:ssiont~ shall pto~ide orie cz )?~p~ect 1~cl~E~cntaliv t~ moist iu Ga~tyittg ouf Such adtfiti0nal on-Bile respct~.silyilifi~ 3.~~ 1'raject ~resenfativcS Strap hY se[ec€, empfoy~rl and di~ect~ by tlic ~esi~t l~~~a~ic~, and the sir Prol`cs~i~~ s}talf lta co~t3per~ated thcret~ar ~ aid by ~c~~~er and sign i~rof~ssiatral, 3.x.1 al~g material risior~ in Dra~viu~, ~1,;`r~ir~ti~rE:t car the; dacumeu~ ~~'hcit such revisiolrs are; 1, incc€~istent with appt~vais ~r i~structiods previptls[y given ley the Owttar, ~rcludut~ reviSic6s made nec~ssa~y l}y nd~ust~tcttts ~ tl~e Ownc~s pragraln ar Pra~eet budget', re~nire~ by the enactrtixnt or re1€isi~rr ol'c,~es, lags ar regu[a#~'oas sttbsogaect tc the prep~rart o~sa~ctt docturtertt~, or 3 due i~ cEtanges req~~red as a re~rit o~th~ ~ter?s fail~ro to repder dcci~[tyn in a ti~ely miner 3,3.2 Providil~g Svrviccs requ~rt~l becrr~rse ofsign€ant cl~n~ in ibe Proj~t incltrclutg, bit act li~tited to, sip, ~t~ity, rclr~l~ty, or €hc (h~~~r's scltedulc, cx:pl ~rrr s~r~°rces requireii larder uhse~[ten 3,3.3 Prcpazi~g ,~~t~gs, ~p~i~cakions artd other docum~lrtatiou and ~,ppo~in~ data, aac[ pro~~ld~g outer scrvi ~ cor~rrecti❑r1 ~vith Change 1~rd ertd Cor~h~tcti4rt Chaltgel~irectfves. 3~3,~# Provid i~g coasrtltaiiQU c~nr~tt~r~g r'eplacentertt ofworiC ci$ttr~ged by i~tc or ot>kct eat€~c drrririg eanstrttcti~n, a€►d fi~rztislril~ services regtrir~cl i~E connec4ort ~vi~t tft~ ~~la~cat~rxt 3,x,5 Providing semis made neeessaty by ale del'attlt of Cotttractar, Gy €rtaaar defects of {lcf1Gl~lw iE3 tl:e ~~dC of pie Cptltrac(or, cr by taiinre o'fp~'forn~an~ cfcithcr tbo tester 4r Contractor tutdcr the ~arttra~ for ironstruc#iort 1'nge 3 of ~ ~~~Ivlisc3l~nk F~rrnsl~L•l~'1;~ ~OI~I`1~0I~S•A~CEf{`I~Ci'-Gi~li.d~e revised ~-3~-4~ { 3 3,3.6 ~rvvidit~~ ;ervi itt ~vaiua~tg ate e~tei~~ t~tm~ber afci$i st€~tt~itfed ~y ~atttracfor ar odtcrb ~ C4~neCtiap, ~vi~ t~~ riff 3.3,7 vid~~ sfirviccs in G3T3it~G~#Op ~i~ ~ pttiiiEa CI~E~, arbitration prace~ing ar tegai praying except where tiz~ ir?~si~rt ~'tafessEanai is pay t~xereta. 33.$ Pt~i€~ ser~rtsca iat ad~i#~ap #o thasc regtti~ed Ar#icle ~ for ~rarin~ data far aitarttate, scpara#~ or sec~tentird C~id~ or pt~~id~g se~ices ca~ecttan ~tti C~Eddiuu ar cans~ction prior to ~e c~r~i#iatt of tliu ~ottstntcf~on ~acttrrtents ~'iiasc. 3.x,9 otw~t~tartdi~g ~yt€~g Can#ained is ~ecn~ p~ai ar tC~~a ~ieneraX ~oaditiops ~ ~c ~ptr~ry, aii sert~is d~,sara'C~d iu this Arfiaia ~ ihat arc Bused or nca~ssif#tted in wiraia or inpart daa to the gligcnt a~ arot~issiatt oi"#~c I3a~i~tt ~'~ofcssCotl~i slrail ~ perrmed C}y t~e~i~rtr ~cofwsiap~ a # of basic ~ctvf ~td~r ~mettt ~►i~ no addi~at~ m~~ation ~i~ova anct heya~tc~ dt~ ~nrpeasatiou, dui #t~e l~si~rn 1'cofcssio~at tartite Basic ~ervi, 'ate intervett~ng ar~ppt#t~n# ne~Cig~ce of~ac Oti~ner a~aiC pot Cirpit th~lsi~ ~a~SSEOnai's ahligu~oas under f~i~ uh3c~iop 3~ ~ Qi''.~'f~I~IAi, ~~~~~N ~R~IC~ 3.x.1 Pr~vidittg ~'tnapcia~ feas~itiiy or ofr stacci~ stud~cs 3.~.~ ~'ro~i~~tg pitritt~ sutvcys, site evtdua~ans ar comparative sCudies of ~rosp~ctfv~ sites. 3,4.3 ~ra~►iditt~ s~~fal sutveyar enot~nen~fi stw~ics a~I stti}si~as tuir~d far ~~pr~~]~ of ~~~er~u~~p ant~aritY.es ~r vtC~~~ ~evia~ s~i~i~~n ~Y~r 1~~ l~jo~.t. 3.4.4 I7rovidirt~ s~vis tcIatiVe to futu~ facilities, s~stcrtts aAd e~uipmettt, 3,45 l~fovidin~ scr~ices tct ~vestiga~ exist~g caudifion~ orfacili#i~ or ~ ~~e n~eas~ drawings titcreof i ~v~ding services to vcrif~ ECr~ atcy afd~twip~s orolirer itrf'ormatian tu~istt~d ~p ire Uv~ter 34.7 Prvui~ting c~ordinatioti of~onst~tctE'on pcrf'art~ci ~y sep~tcaontract~rs ar ~y tie ~~~c~s oa~n form attd conrdin~ian cfs~`1Fir ruin in oo~~c~arr wilt ca~ts~ttctian perfarrned and e~ui}~t~~rit sEtppIiod C}y the ~~vr~er 3.4.8 ~'r~vid~pg det}iilcd ~}u~nfit~r s~trve~s cr in~rentarics afrna#criaf, ~piprt~ut ~d later 3.4,9 Providing attaiyses of a~rai~ts~ ~~td i~intturG e~sts 3.4,I4 Ming investi~atians, i~vctl#arias o~`materiais or cquiptttetE~ ar ~alt~tions atxi detct~ed aPp~ of ~g iCiti`~.s. 3.4,1 ~'~av~g assistance ~ ~t~ttit~tr at` eq~p~t az systetas such as tes~~ ad~~sting and baCanc®~, prcpara#iort of o~.tiot~ a~ ~n~tntcrtance raa~u~s, t~it~%tt~ persontreE i'or apccat#on an+l ~t~;rtgaC4 causal#atia~ Burt apta`on, 3.4.13 Frav~g inlcriar design and si~nilttr serrri ~quircd farar in C4tute~tiop Frith ffta sele~tt`oE~, prapuren# cr ~SI~tiotr 4fit~a, ~shia end r~Cated e~ttipmctMt, 3.4.~d Providing service eil~cr ~~n pt~vid~ in Sriat~ a issuance fo ~e ~~~tet of ~c ~nl ~Ca~ far Payot end cxpir~tiort of ay ~ariod of tbeCnntrtto# for ~astruction, 349.~~ ~'ravidin~ scrvi,~s of~t~uCtEUt~ for t~tC arG3titur~i, ck~riC, stru~fpra.~, ~~iaanic~ and electdo~.C egg~et~~ipg pOrtioa~ af~te ~'ro~ect Cxnvi~ed as a part ~f I'raviding tu7y ot~ex services rtat arise ipcltld ~r t3tt`s Aeet€tent ar pot custa,ril~ futnisC, ~ a~ardnnca whit ge~ernlCy pt~ep ~~tectur~C praatic~. Prcparit~g a sat afr~praducit~le record dtn~~iu~ in atlditiau to hose ~t~~4d !~y Su~cti4n ~,6,1~, sltc;~i signi~c~nt changes ~ ~~~rC~ made cl~in# st~tctiotl based ot~ r~rC~ed~np g~nt~, dca~~ing.~ and other data t't~ished ~y tt ~~ntr<~c.~r to tirc)~:sigttt Prof~siott~ 3.4.18 ~ot~~ritt~tantling anyt~~g ccr~tt~ined in ~e ~gre~~net~t, praposai ar ~ese c~ t~di#iatts to tho ~ntraty, I se~icess ddb iri ttkis icl~ 3 fat a~ eaus~l or ncceitatcd in ~viioia ux ~ p~ duo to tine neglig~t # or amissiQn af`ih~ Isign I'rof~sio sh~l~ he pcrfarrn~ hY ate T~esigrt ~rofessiaaal as ~ part afth$ Iiasi~ crvic~ rutder fi~~ ,rnt~t~# ~vilit ttv additianai coa~ertsation a~a~►e a~ beyaud tl~c ror~pcnsatiot~ due ~e sign I'rofessiansl for i~c basic Sctviccs. The infcrvctri[~~ pr ~{]llCRf tUtt tte~b'~enec of tktc der s~~alC not iirnit tt~~ Uesi i'r4fe~s~onpl's ~bCi~atioras nt]dCr #i~iS Sul~#~p 3.~. ~8 4.~ `Ire ~v~ncr sitatt c€~nstttt ~vitit tits ii l'rofe~siona~ regarding ttirctncnts for ~c 1'ra,~cc#, inciuti~~ #i1e ~~ae~s c~~ecii~es, ~2~ ~c~~u~c a€td design Goast~inCs uttd cFi#erin, inclttditt~ s~~e re~uiremcnts strtd rcI~tioasivp~, flexs'bt~ity, exdahtlity, $E~a:ial eci~iii~~~ut, s~lsfct~ and si#a r~ttir~tc~tt~, a`~ mare spi- ~yd~sc~~cd ~ SuC~se~i~ ~.~.1 ~hti ~~~tner shah es#abtis4 ~d t[pdate au avcrall t~udg far tie ~'nrj irtciudi~g tic ~~struc#io}t dtc ~3wner'~ at~cr cas#s and xcasont~t~le ~aat~~cies rebated to ail ofthe~e costs, 4,3 i€re~uestcd by flee ~csi,~~ ~~i~fessio~t, t}tc ~~ter si~t1('utnistieuidetr~ ti[$t ~na~ta# arraa~c:meuts ftnve bait trade io ~lfitt Elie ~wne►`s ~~C~gatio~ attdert~is Page 4 cf8 i j ~~~rter shall clasitta a n;prcS~kt . ►t~ttltorit t4 # ~rna~'s l~fya~'~vit~t resp t~ dlt~ _ 'l ~~e t'rrter or such aailtari~~cl tepr~ese~ttttiive skel! render de~isians is a t~m~iy matme~ pr~tining to dectttrten#s su6t~itte~l. ~y fire l~~i~t ~ta~ssianal in ~~Icr to avoid artreasanable delay ~ dte arderl~ and sequential progt~ss of ~e i~ l~r+al'c,~s~rtal's sor~rices. ~,5 ~~~:are ttpplicatialc, tl~e tester shall ft~:isi7 sttru~~ys de~cribi~t~ pltysic~ c~arae#cristi~, legal lit~t~ti~tt~ d utilat ~~tions far the sitovf the l'~~~~ and a v~irt legal Griptior< of dto site. Tf~e sunr~s legal infomratiart s[yali ~elttde, as a1~]iaa.C7Cs, grades and s ~fstrcets, ~il~yS, pavern~tis and ad~aicti~tg propet€y a~td struuctt~s; ad~at d~~ag~; rights-qty, t~s~iGii~ns, ~.~~itt~nt~, ~ttcrot~Iurt~t~F r~slti~#iaas, k~~at~~s end eta txf dt~ sits; laeatior~ di~ions and tzssary da#a ~crtaifti~g to testing bnt~tlittgs, offer htiprovemertts a~ truest ittlotipn cot~~ming ~~'ailabla tttilzty ser~ces turd lines, bath public and private, above and bala~ fade, ~cluding i~vcrts std da~tlts, All inf'ar~~a#iott the survey fall be r~fe~tced ~ a pro~~t ells Mere epplieablo, €ba 4~t►tter shad alt ~e setvioes of g~oleehgi~tl en~e~rs when sttolt sets tt~le by D~~igtx Frafessiar~l, ~n setvrees ~y include btyt are rtat litni#ec! #o reef bar~g~ tc~t pits, detertuit~ariat~ of soli ~g v~.lnes, i~la~iarr,tests, c~Iuat~ons ofhea~ materials, ground ~rr~sion artd re- a~ativity tests, ittclucli~g nesaty opcralious far ant~ipai~g sttl~sad cAtt~%ti4~ ~i~t r~parts and apprapte profes$ional rec~t~trt~ndattous. ~.b,~. The t~~rnershall ~b the sc~icos af~#hcr ~austtl~n~ ~he~ s~ah ~rvi,S ar~rca~~~a~~ required by the scope ~fthe i'~jeet<aad nr~ refute byr the ~esigu I'rofcssional and are not r~irta~ Gy the Iit pro~slon as p~r# ~f its basic ervie ar Additln etvi~, ~~7 ~~bctt not a lr ~f ~e A~1rii#toual ervi~s, the shall f~tuish strttctttral, ~tech~,tt'c~, clte~ttira]~ air attd meter pollution tests, tc5t5 ofdatts tttatcr~els, a~ other lnhatato~r and ent►tr~pnmeatal i~~, it~e~tiortS ttEtd parts z~equire by la~vor ~a Cattt~aatT~ootmten~. ~,S ,e ,xter s~~ ~u~E~ a~ lc~al, acc.~unt#ng and i~,sttt~tto~ a~uei~~ sMrvie~ as mgy ixC n~sar~ ~l for 1~~~t~ ~rtcluding atrditirtg services Cwtter may requ to vcr~`y ~autraGtat`s ~ppl;ca€iorts for'~'~yt or i~ ascott~in ho~F ar far ~t lrurpases dre Carttractor h ~~e thG money gold ~y or on ~l~lfaftiye Oster bite setvice,F ittfatia~ sttrvcys at~i mlx~ re~u~'~ bar Ch~etF tamer ~ctiatts ~,5 ~[tt~augtr shall ba is~ed at ~a expose, anal t1t~ Des Professional shall be ~;n€iiled~o rely urn t#~e accMrney art~l cntttplataene,~ tEteroo~in the abseno~~y neglig~t~oa thepartaf ~e ~sigrtl~rofesstanaC, 4,i~ The t3wner sEtall give prompt writtoa uatic~ to dtc T~esigtt Frofessiarta] if the ~~ruer ~e~me~ a~ar~ afany fault or de# ~ dte Pmt yr rtat~~orttt~tce v,~itb the Contractl~o~.t~mentst 4.I~. Dnsign Pt'ofcssional shad prnpnse Ca~guaga far certi~caGes ar cerki~t~tians to be rccluested of the ~tsign Pra£essioz~l Deign F~frssional's cansttltants anti stroll sttk~t~lt sttclt to the ~~er ~'or feviety nnc# aC~l~mval at 1st fattrlee~ ~I~~ days iaa~or #o ~~ttt[et~ ~~te ~mcr a~ not to tagts# ca~~eatioas that ~vgttlr] regttiro l~o~vlege ar satvice~ 4roe dte scc~~ af~te ce~iti ~tl ~~l~f~~i~~Y~l► VVh+~ ~i41•~I 7i-fi~ a,I.~ The ~~satiou Costshell thetaial cost or estitrta~x{ cost to eta ~cvner ofal! etemants v€tlteProjeot desigrtedor sp~e ~a Iign Profession~< 5t~,~ The Cattstrt~on Cast shtd] include tzta Est aG eu~cnt tttat~et ~tc~ of lobar and ftraterlals fttrrtislte lry ate ~wn~ and egttipmcaE dcsi~vd, spi~ed~ Belted ~r spccialLy provide for by #fi~e iigA l~rofrssionel, plt~ a reasonable sllawauco t"ot~tlta Ca~to~s ~~'er~~d and profit. Ia additiett, a teasot~ble allan~ fOC ~tt~ t~gcnei shall ho in~:lttded far rnarke# conditions at die titt~~ opbidd~g atzd far charges an tlte~~ d€trirtg oorts~ttetiort. ~.1.~ Gvttstrttc#iou Cast does not include the ~t~nsatio~ a~ rite Desi~tt fessian~ and lfessiartel's e~nl~, tie eos~ of die land rits~o~wa~r, '~eiitg ~r adter eosls udticit a~ the nc;pousib~ity of ate ~~er as grave ~ Axkiclo ~#T.S.I'DI~S1,I#T~.~'1'''~ I<~tt C~lV~T~IJt`f0~ ~4 S,~.I ~valtttatiotts of fire ~o~cct budget, l}~[tnri~ry of Canslt~ic~att t d dekaile estitte,~ of Catrs#rttc#iart Cost lirare by ~o pest Prafessiottal t~presettt tiro Dasig~ Praf~sia~1's jrrdgnte~t ~ dessst l5rofianal familiar ~idt the cart~tntctiott induce. It is r~g~: lto~vaver, tEta,t nei(her fire ig~ ~ro~`essieaai nor die O~vner has cortttral o~~er the cost ~f ial~r, ~~ais or equilament, ever the Caa.~to~s aact~acls o~detertttittittg hid prices, or aver eampetative hiddia~ or abet candi~aus, #~c~rdingly, ~e ~~igt Fr+~f~ssianal coot aid dove trot watxartt ar rep€~cnt ~~t or ccr~t proparsa~ tivtl] trot very fmtu tLe C~urrtet's Piro}ect ]~~tdget ar ~ttt y est%t~te ol`ns~nt~:tiort fast or evalnation ptare or agre~cl ~ by the lid I'rofe~siopal, Sa~,~ Na tixe limit ofConstrt~ct~n host sh~l be astablish~ as a catt~t~'att afire re+:ttti~t by the fi~tiislttrtg, laropes2~ or e~#a6Cist of a ~'ro~ect budge, ~~s such frxcd lin~it Its ~cn agre~cl upatt ia~vritit~g and sighed by tltepat~cs theta, l~`s~t~ Coed ]itnitl$as hee~t estahli~ed~ ibo I~~l~tt fessianal shall perrttiti~l ~ ~cl~rdc contingenct~5 for dcsigur bidding and ~gla~ion, to do#~rutine w~.t materials equiprstcnt, eampctt~tt s}fs#en~ itrtd types of constzuetlon are to be irtclttded in the 04ntrnctSurtr~~~, t¢ rr~,.tCo res'tutblo ad~ttnts in tl~~ scope of t<ie ~ojcct ~d to include in the contract l~acttt~en#s alternate bids ~ ad~tis# ifte Canstructian Co,~t ~ the fined li~rut, Fixed limir~s, ifarty, shall be atcrce in rho ~nattnt afatt iaerse itt the Oo~[ra~ hum out~tt$ a~ker execution ofthc Contract for ~'oostruction. ~.3 If ~e I'roattre~ttcnt >~hase ~ not cottttr~t~cl ~itl~titt do cr dto ~Si~ P`rofessio~aa] sttbrrtils Cotts~tctiaa ~~camcrt~ to the vncr, any Projxt budget at i~xetl lhttit ufnslntetiort tioSt sbal! ~ adjusl~l to ro~ecl' Gltaage~ ht the gettet~l level ofpripes in the canstivctian i~dtts~~ be~~en the date aFsu.6rnissian of tiro fonstructiau l~ocutncuis to the Cater and life dad aft ~~~bieh proposals are sa~gftl, 'Tire Dra~viug.~, C~ei~cetions at~d oiltcr doet~rtte~tts prepared hY €Ite I~esi,t Prafcssiatlal far t Meet are instt~ttttett~ oftlte Deli ~rof`iart:tl=s s~viae anc Shell becaatc the property of life O~~tcr ttport tcrmsnatioct or completion of the rccxnc~tl, 'Dtc Ii Profcssioual is e~rtittcd fv retain copies of ~ sticlt dor~nents. tGlt docam~nts era l~tt~ndca] o~tly aplrl#cat~lo to this ~rojcct, end C~~vncr'~ ~c o~ ~~►el~ de~ur~ctz~s arl ~ilic~ pm~~ts s~E bw at C3~~~r's sole rist~ and e~~e. to tie ev~tt tiro {}~4'ner ties any of #be iUfam~iion or materials deve.lo gtarsttrtttf to ibe J~grttent ~ a~tEier pno~cc# or far olh~r pnrpase~ tl~n are spec~ifte ~ the A~recrttct~t, ~e ~csigtt Professional is release front airy ~d ~ liability resting to their use in tfttetgro~cct l'agc; ~ oTg ~I:ll~lisel~la parms~~x~NC°R11L C~Nl~1Tl~~S-AYt~>:•Il'!~C'f-~l~l~ll~li~l~.doo ~e~'iserl 5-34,2 1 ~ } ~ l~A'E't~T~ "~`~7i~ a detXuCtiat~ sl~~l harnade from the De~ig~ ProioAal`s eompea~tiatt on accaont afpeually, Ciq~ttir~ated darna~es c€ acr n~ ~+itii~efd ~i~m payr~ts i~ ~ntxactat~, ar on apnt af~~ ~f ~se~ is the ~~arr~ tyt~cr than vase far ~r#tieli tlic D~si ~rossional is responsible. 8.6 ~ ~ ~ ~1~.~~SfC~NALt ~~~~fi~ ]~5 ~;si~t E'tefe~siol shall ~ avaiCabic l~ i~a~er ar ~e~s authari~cd regrescntnf~vc records of lteimbarsabic I'~penses and expenses lrcrt~n~g ~ 14.cl~liEir~na.I ersric.~ services petfarr~cl on ~c basis ct` a n~ul~pl~ ai' direct ~erso~eC ~ fcr ~peetian ark copying d~triug ra~ular business CX4tfrs far ~ti~ yeas air ibe dice tine ~~l ~ecatc of ~aent'` ar utr any lt~gah`on ~iat~. to the Pru,~ect is dal, wltichcYer is later ~~~r~~ ~ ~ Design Prc#'siana.l sftail intieEtutify apd sa~fc ~d lroid har~less rite ~wpor d its ~~icers, and ernpC~yc frvu~ wd against att~ alC liability, cCat~tts, dumar€ds, dig, C~ssesF ~xpe~ses, incl~~di~g, but not limited to eanrt a~Ed reasopabie attorney f~ incp ley i6e ~wnar, ~d irtcCudin~, ~ritlta~t Chtu#~tian, da~~s for l~adily ~d perscrta! ittjttry, d~th and property dama~c, xesuitutg fron~ the negligent acts ar tyr5iaus offh~ Deli ~rofessiapal or ~t~ ~~iccrs, shareholders, agents, ~r e~tpl~yees in lhe# perfnancc ~f the ~~rc~ruCrtl. i~athing heroin shall be astr~ted to ~rcai~ ~ liability i~ ~y persaa tvCaa is pat a arty ~a tine A~,reement~ anal ~a~g Mein shalt ~vaiv~ any o~~~e parties' defenses, Goth at la~v ar cgctit}'~ t~ an~r clams, Cause of actiar~, ar litiatlott #'tI~ ~~anc no# a Isar to El~a,~greoa~t, iucIuding the dc~`cr~sa of gavernrucntal i~~miy, wluah dcfcp.~cs are l7er~l~y ea~prsCy ~~rvc~. ~'f lt~I~ 1if ~ti~~l~~l~ spring #irc pe~orcc the services under Ehe ~lgree~a~ Dasi~ Profcs,~ianat sI~$Ii rnaipt$itt ttte f~ll~}~ng i~u~ncC ~~ith an Wince cc~~pany licensed cr a~,lhnri~erl to do b~.sir~ass iu 1he Male ❑f't'ex~s ~y tLre Mate Cns~~ran ~o~sston ar any snrccssar agency tlra# lies n rni~ with t3psE Ufa ~s~iers ofat mast an A~ or abavc• ~~~1 Cart«prcbansiva ~er~eraC liability lpsmm~cc with hadil~► jury }~niEs of ~zat less fan ~I,t},~~ fcr e~eh 0fi~~rteac~ std not less Elton in the agg~ga#e, aad ~vitli property dar~~~e tir~it~ of trot Icss than ~1~~,~4~ fir occu~cri~ and na# I~gs than ~~F~(#4 in iha agate. 1~,~ ~u#omabilc ~.iabi(ity ~nsttrancc ~~i1h bodily ~1 lirt~ils o~`r€ot less ~aa ~~~4,~~ ~'or each pe~ap a~td r►Ol Cuss the for eaoh accident, apd ~itft praPertY damage li.ati#s of not less hart ~IU~,O for ~t<h acaldcnt; 1.x.3 Worker's inl~ensatian ~ris~u<ance ~ accordanec with s#$tutcry requEre~nents, acrd F~,pCayers' Liahiisty urgnce ~itl~ l4mits of riot lass. tb~t l~d,~ #`cr Bch accident including cccupa#l~gal ~scasc, 14.E Prafcssioual friability Insu ~itCi lirnits of tioi less #han 1,~d4,Q~4 aprtuaC ag~t'eg'atc. X4.5 Tits l~esigu: l~rai`~ssianal sE~ali ~~calSh iAsura~ce r~rt~catcs ar insuranco policies tc the ~~vner c~►idenci~ iristrran, in eumpliabec wig #iti~ Article I4 at the time ~ ~f~e cxptian afth~ ~1grCCnrent fihe ~cpcral ~ial}ilily and. Automabrle Giabitity irarauc~ laaticies strati na~xc the owner as an additional insured the users' mpensation palic~y shy ~ntaht ~ ~v~itrer subra~ation itr favor of gie D~vncr, aitd ~Gh policy sltal! aan#ain a ft~~isiou t1r~t such iasuran shalt uc# be canecl+~ or mu~ii~Cd x~ritlrout thirty ~3~~ days' prior written n~ti~ to Deer std De~i~ l'rafesfiicrrtai, In aticlt evcrtr, tl~~ ~7asign ~rofessiauaC shall Briar to ilic c~~tive flake oftbe cltauge ae collation, Furnish ~~'~et' ~rilh snl~titule certit~icates atirtst~rartc~ n€eeting the t~c~tErcpteuEs of tlrrts Artict~ Z~ A~`lT~ ll lll:~~1~0~l~~'l~f~YlS~DI~S 1 t,f The Acment self be gavel tf~ Ian tltc Mate of ficx,. ~ettue of y s~Git ar a o~ action under ~4g~rnent short lie e~cclusi~eCy ht l~tinton County, 'f exas, l l~ 'flto Q~~er and l~wi~l l~rafessionaC, t~vcl~►~ l}i~ themsclves~ their pa.rt«crs, s~sors, assigsts and lei cntaii~es ~ the other to this etnenl artd to fhc p~~ttu~, spaeessors, signs and lagal re~~Senl~tiVes of spat other l~~Y ~•ith r~spc~t to ~~en~~ vfthis Agrment: 'flte Dear ProfessiorutC sltalC n~fi sign its interests ~ the ~grcentent ~~ithauttheu~itten consent afthe owner ~~.3 'its term Agre~ci~uf as wed t~~reut includ~:s the cxacafed rccme~t, the l'rop~sal, thc~e ~reaeeal ~oudiiior~s ar~d other $i#actuncnts rcfcrca~c~d ~ gC~tian ~ of the Agrntept Much tugctlier represent the erttuc apd its#egrated agre~~;nt bed tlic ~t and. Design Prt}fcssional a~ supedcS ~ Irri~t~ p,egciiations, represeptations ur agr~rnetti~, eiitEer itl~a at` t}rnC. 'fhe l~grmctt# ~y l~ amended only by ~~i~ert ipstEttruc~nt sip~~d by ~atCt toner std ~~si~ 1't~~`ess~onal, i~trct~ li7c A~'~Gut the ecn#eri Ag~nen#, Propas~,lhC GencraC pdilioas ~~d the uth~r artac~nepts pcferenc~ in ~ectiaa 3 the Agre~nten~ t~ ~e extent il~t ~ re~sortabl}f ltassibic read sn as to lian33or#iz~ the pra~risioas l~au~evcr, sliaulcl ~c prpvtstbn5 of ~esc docprneir~ 6c rn car~rct su that tltcy aau not he reas~aaably hs~on~d, such doe~tutents shall be priority in iha ~liat~ittg order' 1. 'lea etcccut~d. ~rrient ~aehrrtett~ ~ ~ S•ctiop 3 ut: iho }~~menf c~er tt3at► tbo i~oposal 3 Thcsc ncral praa,risiops ~ , 1~te P~pcsal 11,E etltint; cc~rtai~~cci ire ttre Agreement shall create a carltraGlaal re~alicnsi~ip with oz a pause of a~ii~rn iu favor of ~t #itird i agate e~cr ~e [~wnef or sift I'fcs~iona[, i I,5 I}poa receitat ~f prior writton approval ot'wer, the J~Csigp Prafessio3~a[ st~att lia~~e the rift to include rGpr~senttttions of llze deign of the l'ru~ect, irtelpd~g pltotcg~pt~ of lire exterior Qud izdcrior, aitsung tha Dig l~rofcss~o~al's prorttotiorl~ d pruiessiorrfi~ unaterials. ~l`Cle l~e,~ign Frofcssiana]'s ma#arials shall not ~Cuda #f~e vuer's Cop~de~~tial or ptuprictary i~rfarrna.Eioa Mite Owner ltas praviu~ly advisC~l lltc l~,~ip~ ~rofcssiar~al ~ w~kipg oftt~e sQec~Ce infamiaEion cnr~idcre~ l}y the iffier to 6c cot~t• d~iiat crpratytietar~+ Tl~e wncC sh~i provrdv prai`essiot~ credit furllye Design ~rufess#o~tal 4~3 lk~~C~lta~ctiart s~gu ~d in the promctianai.rnaleriais far tbEej+~i. 7 of ~ f~•tlvf iscli3lanl~ l~ormslG~'NI?1~A.C,, ~}Cpl'170N~~~I~~l~t'~'E~'f-~I~GLrv'~Fl~.dcc I~avised ~•3 t7- c ~ ~ppE~v~l by ~e Q~ner shad eonslit~te ~ d~e~ud a re~ea~e ~~~e ces ~as~~fi ~~~hi~it of ~r~fasa~aaa[ `i#s cps yes .~socia#e~ ~ en#~ p ~ ~ ► $ suUcontractazs, and subc~t~sn~~~~#~ for tl€~ nc~u~cy at~d campet~ncy of ~~ir ~esi or ofher nar $hal~ s~~~€ ~ ro~a! he dmc~ E be are ass€amptia~ of such r~s~~~si~Elity by the ~~~~r fvr aay deft ~ tote de~~~g~r aC oihcr ward grcpar~d ~y the I~s~gn Fra~`essfana~, ~t~ crr~pi~yees, s~~iGoa~ctars, ag#,~r and ca€~sultan~ 1I.7 ~]I notie~s, ~OiC~[3~l~tl~#~Oi3S, ra~~ar#s eE Orp~ftfcd under d€e A~re~ment sha~~ h~ persont€l~y d~livcred ar mn~~ #h~ r~s~ee#i+re #i~s Gy ~e~a~iri sae ih~ United ~ratas maid #o flea a~~r~~s sf€own bcta~v stgnatur~ block o~ the ~~~m~qt, ~ert~~ ma[l, r~#~€n receip# recstcd, ~nle.~ ~th~re speci~icd herein i noti~~ shill h~ dceiit~d effective upon r~eipt ~~y ti€~ p~r#y to whom such n~ti~e is give, ar w~~~ l~€ree daps ace maliia~ X Ifnny provision of the Aee€nent ~`~nr~d ~r dented by ~ cart of aompetcnk ~urisdi~ti~n 6e invalid ~r uneefarG~ahle, it shad ha s~ns~~cr~d s~~r~rable from ~rn~in~ex ~E` the Agrm~t and s~~a~ ~~t a ih~ ren~aind fo ~ invalid ~r uta,4rlfarceable. such even#~ the par~e~ sh~I r~rm the A~~e~t to replace stfch sickc~ pra~risien ~{itlt a valid and an~orceahl~ pravlsion ~~hicf~ s~~n~ ~s close as ~ossi~l~ expressing ih~ inteat7€ab of the stricn ~rovlsian. I1.~ '~"he ~csigtt ~'r~frssi~na! shad ao~mply wig a!l ~ede~~, sta#~~ local la~vs, ~l~s, z~~la#~o~i and or~h~~s appllblo fa fh~ ~r~rk covert bereuttder as [ltey €uay now read ~r Lerch€all~r h~ amendod d€~ring the term ~1~~~ gream~nt. ~~.I~ ~ ~z~`or~tin~ ~e Slces ~q€~ired herer~nder, the ~csi~p Prafesslot€~1 Sl~ll aai discr~uipata against aq~r ~Vrso~ an the basis of race color, r~ligi~n, six, natiot~i ori~~or agCesf.~+, age, ar pli~rsic~al lzandip i t, i 1 '1`h~ cs.~tlo~~.~ of kl€~ Agr~mcat ara t'ar ~`arinatianal p►~s~ valy, and shall not in anp ~ aftc~~ #ltc st€hstlve terms or car~di#i~~s ~Q ~i~~nt. rage 8 a~8 I-1~11~1i~~~3la~3k l~orn~s~~~1~1~, ~:~~[TiC~t~~-A~~:Hf`T~C'~-~i]v~~I~.doo ~~vistx! 5-~4-~~ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Presiding Officer convened into an Open Meeting on Monday, December 1 1, 2006 7 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas 8 Street, Denton, Texas. 9 10 Present: Chair Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland, John Baines and 11 Randy Robinson 12 13 Ex Officio Members: 14 Howard Martin, Assistant City Manager Utilities 15 16 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 9) Consider recommending approval of a Professional Services Agreement for Architect or 25 Engineer between the City of Denton and Freese and Nichols, Inc., (FNI) in the lump sum 26 amount of 200,000 for Engineering Services associated with Water Distribution System 27 Master Planning. 28 29 Tim Fisher, Assistant Director Water Utilities, provided an overview of this item. Fisher stated 30 that the primary uses for a water distribution system master plan would be to define water 31 transmission pipelines, storage and pumping improvements for inclusion in the 5-year Capital 32 Improvements Program, and to identify future waterline sizes for developer oversize 33 participation agreements. 34 35 Staff researched several local engineering firms' qualifications and selected Freese and Nichols, 36 Inc., due to their extensive work experience in this area as well as their familiarity with the City 37 of Denton's water distribution system. Fisher pointed out that the development of a water 3 8 distribution master plan requires the use of computer modeling to stimulate existing conditions 39 and project future conditions and that staff has completed a thorough analysis of the computer 40 models available and selected a software program to purchase for the city's internal use after the 41 project is completed. The agreement with Freese & Nichols includes staff training after the 42 model has been developed and calibrated. 43 44 Board Member Gallivan moved to approve with a second from Board Member Smith. The 45 motion was approved by a 7-0 vote. 46 47 The meeting was adjourned by consensus at 10:12 a.m. ~~,~,;1..;~ ~ L' AllIML J A ~IIAE ~F THE IT ~~I~NII~ ~F THE ITS ~F I~EI~T~1, TEA A~JTH~~I THE IT IAAEI T~ EE~JTE P~FEI~I~AL E1~IE A~EEIET FAR A~I~ITET ~R EEE~ EY AND ~ET~EI~ THE CITY ~F DET~IV TEA ~ THE FIB ~F FREEZE A~TD I~IH~L, III. T~ P~fDE EIEER.~~ EIICE MATED KITH ATE DITR~TJTI~1 'TEI l1~IATE~ pLAII~ I LAP-UI 1~~C~I~1T ~F UTH~Rr THE E~E~IDITU~E ~F ~'UD THEREF~I~~ AND P~rDIN ~ EFFECTIVE DATE, ~IEREA, Freese and Nichols, Inc., a professional cnineerin firm the "Provider"~ is bein selected as the most hilly qualified entity on the basis of its dernonstrated competence and ualifications to perform the proposed professional services for the c~ty~ and ~HEEA, attached hereto and made a part hereof by reference is a proposed rofessional services agreement the "contract"~ by and between the pity and the Provider to p erforrri e~gir~eer~n services assoc~atcd nth the city's atcr Distribution ysterri ll~a.stcr ~l~nnln~ ~Ct; and `HEE, the fees under e contract are fair ar~d reasonable and are consistent with ar~d not hi her than the recommended practices and fees published by the professional assoc1at10i1~ ~ liable to the Provider s profession and such fees do not exceed the rnairnum, ~f Pp any, provided by la~v; THEIEF~~E, THE CITY ~~~J~IL ~F THE CITY ~F DE~T~I~ HE~EB~ ~DAI: ETI~I~ I. The findings set forth in the preamble of this ~rdinai~ce are incorporated b reference into the body of this ~rdinancc as if fully set forth herein. ETI~1~ 2, The pity council hereby approves the contract. The it lana~er, or his deli/~'"L".J'1y,,~~y11-ee is hereb authori~cd to e~eC~te the contract on behalf of the pity aid to carry out the Y ~ F 1 . ri hts and duties of the pity under the contract; anal the qty lVlanagcr is authorized to expend Funds as s ecified and required by the contract. true and correct copy cf said contract is p attached hereto as Exhibit ETI~ This ordinance shall became effective immediately upon its passage and approval) PAED AH APPROVED this the day of ~ ~0~~. PE1 R,11rIclEIL~., tIA~ LA111U1~ Z ~~l:r T. ~E1I~1 A.LT~I~, ITY~ ~R~TAR~ PP~~~~ ~ T~ LPL FARM: FI~1 i. IY~ER, I~~ 1~TT~R~~Y B+ ~~IO~r ~ocurncn~s~~rdinancc~1~71Frc~sc &Nichols-p~A-Master Planning-1~Vater I~istrib~ri~n ystem.doc p~~~ AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2006 DEPARTMENT: Engineering ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and the Upper Trinity Regional Water District regarding the use of the right-of way for water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher Road Area) The Public Utilities Board recommends approval (7-0). BACKGROUND The Upper Trinity Regional Water District's officials (UTRWD) have been working interactively with staff over the course of the last few months in their pursuit of a replacement waterline solution for the Shady Shores Road and Swisher Road segments of their water system. Their existing water line has reached the end of its service life and there is an urgent need for immediate replacement given its state of deterioration and the heightened water system demand brought about by the recurring drought conditions. UTRWD has initiated a project referred to as Shady Shores Finished Water Pipeline Replacement (the "PROJECT") and are pursuing an expeditious schedule. Presently, staff is working toward final form of an Ordinance and Interlocal Cooperation Agreement that shall serve as a reasonable framework to formally authorize construction of the PROJECT within the City of Denton street right-of way and easements and shall provide measures to safeguard the City's affected street and utility systems. OPTIONS 1. Approve the proposed location of UTRWD's water pipeline within the street right-of way and easements owned by the City of Denton. 2. Do not approve the proposed location of UTRWD's water pipeline within the street right-of way and easements owned by the City of Denton. 3. Table for future consideration RECOMMENDATION Staff recommends approval of proposed location of the water pipeline. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board during its December 11, 2006 meeting. The Board recommends approval by a 7-0 vote. FISCAL INFORMATION The Proj ect costs shall be funded entirely by the Upper Trinity Regional Water District. BID INFORMATION UTRWD's PROJECT is slated for bid opening in December 2006, construction in the spring of 2007. There are no City of Denton funds involved. EXHIBITS 1. Vicinity Map 2. Project Location Map 3. Public Utilities Board Minutes 4. Ordinance 5. Interlocal Cooperation Agreement Respectfully submitted, - Jim Coulter, Director Utilities Department Prepared by: Paul Williamson Real Estate & Capital Support Manager vICINITy MAP WINDSOR CORDELL DOWNTOWN RODEO DENTON OAK SYCAMORE MORSE WILLOWWOOD LOCATION CREEKDALE ACCRED PALO VERDE OLD ACTON TEASLEY T~~~~~~~~4 ~ LXIII UI L 1 EXHIBIT A CITY OF DENTON ~ ~ . PROPOSED UTRWD ~ WATER LINE CITY OF CORINTH Exhibit 2 I .(1(' ATl(1N M A P iL V! v L i l 1 V.7 1\ 1 V 1L ,1 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Presiding Officer convened into an Open Meeting on Monday, December 1 1, 2006 7 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas 8 Street, Denton, Texas. 9 10 11 Present: Chair Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland, John Baines and 12 Randy Robinson 13 14 Ex Officio Members: 15 Howard Martin, Assistant City Manager Utilities 16 17 Absent: George Campbell, City Manager, excused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 The Public Utilities Board has received background information, staff's recommendations, and 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 1) Consider approval of an Electric Energy Cost Adjustment (ECA) rate and an Electric 26 Renewable Energy Cost Adjustment (RCA) rate for the second quarter of FY07. 27 28 2) Consider recommendation of approval of an Ordinance of the City of Denton, Texas 29 authorizing the settlement of contractual claims by and between The City of Denton, Texas 30 and Waukesha Electrical Systems, Inc.; authorizing the City Manager and City Attorneys to 31 act on the City's behalf in executing any and all documents pertaining thereto, and to take 32 such other actions that are necessary to finalize the settlement; authorizing the expenditure of 3 3 funds therefor. 34 35 3) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 36 Manager or his designee to execute a purchase order through the Buy Board Cooperative 37 Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department 3 8 and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the 39 City of Denton; and providing an effective date (File 3682-Interlocal Agreement for the 40 purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of $243,761). 41 42 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 43 Manager or his designee to execute a purchase order with the Houston-Galveston Area 44 Council of Governments (H-GAC) for the acquisition of two backhoes and one tractor/ 45 mower for the City of Denton Water/Wastewater Department by way of an Interlocal 46 Agreement with the City of Denton; and providing an effective date (File 3683-Interlocal 47 Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded 48 to Equipment Support Services in the amount of $140,296 for two backhoes and Landmark 49 Equipment in the amount of $94,760 for one tractor/mower for a total award of $235,056). 50 Exhibit 3 1 Draft Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of 4 4 5 5) Consider recommending approval of an Ordinance of the City of Denton, Texas authorizing 6 the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, 7 Texas and the Upper Trinity Regional Water District regarding the use of the right of way for 8 water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher 9 Road area) 10 11 Board Member Dick Smith moved to approve Items 1 through 5 with a second from Board 12 Member Phil Gallivan. The motion was approved by a 7-0 vote. 13 14 The meeting was adjourned by consensus at 10:12 a.m. ~:IQur Documentsl~rd~n~nces1071Upper Trinity ~ Shady Shores V~ater ~ine,doc ORDINANCE NO. ~aa7~ AN ORDINANCE OF THE ITS OF DENTON, TEXAS, AUTHORI~IN THE MAYOR TO EXECUTE AN INTERLOAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT REARDIN~ THE USE OF THE RIGHT OF WAY FOR WATER PIPELINE IMPROVEMENTS; AND PRO~IDII~IC~ AN EFFECTIVE DATE, WHEREAS, the Upper Trinity Regional water District, ~"UTRwD}'~, desires to construct and Install water pipeline within portions of the publio street right-of-~a~r of Lakeview Boulevard, Shady Shores Raad and Swisher Road, all within the corporate limits of the pity of Denton as spawn an Exhibit "A", attached herewith. In addition, the subject UTRwD water pipeline is proposed to encroach within several existing pity of Denton easements along their proposed route; and WHEREAS, there is a valid governmental purpose served by UTRwD to use pity Right of way to provide necessary water resources to the citizens of Texas; and wHEREAS,~the Iriterlocal aoperation Act} now contained in chapter 7I of the Texas ' Government bode ernan 1994, authorizes the CITY and UTRwD to enter into an Interlacal Agreement for the purpose of achieving the governmental functions and providing the services represented by UTRwD use of pity Right of way, NOW, THEREFORE, THE ~OUNYL THE CITY OF DENTON HEREBY ORDAIN: SEOTION 1, The Mayor, or in his absence, the Mayor Pro~Tem, is hereby authorized to execute, an behalf of the pity ~auncil of the pity of Denton, Texas, an Interlacal ooperatian Agreement between the pity of Denton, Texas and the Upper Trinity Regional water District, ~"UTRwD"} far the use of the right of way for UTRwD water pipeline impraven~ents, which Interlacal Cooperation Agreement is attached hereto as Exhibit "B" aril incorporated by reference herein. SECTION This Ordinance shall became effective immediately upon its passage and approval. a PASSED AND APPRO~~D this the ~ day of 2a07. PERRY R. CHILL, MAYOR r,.,.. Exhibit 4 5:l~ur Documentsl~rdinances1~71Upper Trinity - 5ha~~y S~~res VV~ter ~.ine,~oc ATZ'E'I': JENNIFER SALTERS, CITY E~RE'TARY By4 APPROVED A TO LEGAL FARM: EDWIN M. , CITY DRNE~' Page 2 of 2 i m S.IDur Documer~tslContract~1~71~Jpper Trinity - ~nterl~cal oapera~on Agre~rrt.doc THE STATE 0~" TEA RUNTY HF DENTON INTERL~~AL ~~P~RATI~N AR~EIVIENT USE ~F STREET RIGHT-~~'-~V`AY FAR UPPER TRINITY REI~NAL w,TER I~ITRICT YTEIVI THIS AI~REEIV~ENT is made and entered into by and between the FI'Y F DET'~N, TEXAS, a Tees lVlunicipal ~arparathon ~hereinaer "CITY"~ and the UPPER TRINITY RE~I~l~AL WATER DISTRICT' ~herehna~er "UTRwD"}, orani~et and existing under the laws of the State of Texas, acting by and through, and under the authority of their respective governhng bathes; and WHEREAS, the CITY and UTRwD are local governmental entitles, both of wham have the authority to perfar the services set Earth in this Agreement individually and who mutually desire to enter Into an lnterlocal cooperation agreement, as provided for in Chapter 79I of the Texas GovernmentCode ~Ternan 2~Q~} in order to n~axhrnize the be~aets to the cith~en of Texas derived frarn ublhc funds• and ~ WHEREAS, the CITY xs member of the UTRwD; and WHEREAS the U'TRwD desires to construct water h cline ins roven~ents t ~ p p p o be maintainet and operated bar UTRwD, far the purpose of their charge to provide water services far the interests of their member cities; and i i wI~REA, there hs a valhd governmental purpose served by this Agreement by UTRwD ~ to use CITY right-of way to provide such water servhces; and WHEREAS, the Interlacat ~oaperation Act, row cantaine~ in chapter 79I of the Texas ~xovernment Cote ~Verno I9~4~, authorh~es the CITY and UTRwD to enter into this Agreement for the purpose of ach~ev1ng the gavernrnental functions ant provrdln the servhces ~ represented by this collective, cooperative undertaking; New TITEREFORE, the CITY and UTRwD, far and in consideration of the street right- of v~ay and the mutual covenants set forth in this Interlacal Cooperathon Agreement to hereby A~xREE as follows: ARTICLE I INC~RPGRATI~ ~F PREAMBLES The preambles to this Agreement are incorporated rata this Agreement and are found and determined to be true and correct. ARTICLE II SGPE OF A~REENIEl~T A. The []peer Trinity Regional water District ~"UTRwD"~ hntends tv install Ater pipeline r,~,t.;t.;~ c LX111 Ul 1. J :I~ur icum~tslContracts107'lUpper Trinity - ~nteriocai Cooperation Agment.doc improvements, submitted as the Shady Sharon ~inxshed water Pipeline Replacement Project, hereina~er referred to as the "PR~~ECT", in public street right-of-way located within the corporate limits of the City of Denton, the permanent and temporary confines of which are specifically dec.bed end illustrated in ATTACHMENT "l attached hereto and made a part Qf for all purposes, and hereinafter referred to as the "STREET LICENSE AREAS". The exhibits in ATTACHMENT "1" herein, that make up the STREET LICENSE AREAS were inadvertently labeled as easement tracts. Notwithstanding that text labeling, all of those STREET LICENSE AREA tracts, contemplated by the parties herein, shall be solely license areas, absent of rights associated with easements. Pardons of the subject waterline i~nprovernents are to encroach within existing City of Denton utility easen~er~ts, the encroaching segments being specifically shown in ATTACHIVIENT attached hereto and made a part of for all purposes, and hereinafter referred to as the "EASEMENT ENCR~A~NT AREAS". The PROJECT, as planned, contemplates the Installation of one ~1} finished water pipeline and appurtenances Any future L~TRwD project will require additional licensing within the STREET LICENSE AREAS. B. UTRwD shall furnish, at ~'T'RwD +s own cost and expense, unless otherwise provided herein, all labor, services, and materials necessary far the installation and operation of the planned UTRwD water pipeline impraven~ents, L~TRwD understands and agrees that the granting of any license hereunder is not meant to convey to UTRwD any right to use or occupy property in which a third party nay have an interest, and UTRwD agrees that it will obtain all necessary permission before occupying such praper~y. C, I~'TRwD shall provide the PROJECT construction plans and specifications to the City Engineer of the pity of Denton, upon an~pletion of the planned UTRwD water pipeline improvements, UTRw]~ shall provide the City an "as-built" set of pro j ect p1a~s. D. IJ'I'R.wD shall promptly provide the CITY with any drawings or by other written document, s the C'Y may require ~a proceed with the work as provided for in this Agreement. All such drawings and written documents shall be consistent with, and reasonably inferable firorn this Areeri~ent. E. This Agreement is for a License authorising L~TRwD to install and operate UTRwD water line facilities and appurtenances in the STREET LICENSE AREAS and EASEMENT ENCR~ACIMENT AREAS, and as such, the presence of IJTRwD's improvements are subordinate to CITY's interests in the street right-of-way ar~d easements. CITY reserves the right ~ to use the street right-of-~vay, easements, the airspace above the street right~of~wa~i, and the airspace above the easements far any public purpose allowed bylaw and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the CITY", on, across, along, under or over said street right-off way °and easements; and whenever by reason of said work in connection with said other purposes it sha.il be necessary by the CITY to alter, change, adapt, conform or relocate UTRwD's water pipeline facilities ar other property in any part of the street right-of~way ar easements occupied by UTRwD, such alterations or changes or relocations shall be made by UTRwD when ordered in writing by the CITY pursuant to directions from the City 1Vlanaer without any claim for Page ~ of 8 i ~:I~~r DocurnentslCon~ractsl~?~L~pper Trinity - Interlocal ooperatian Agreement.d~c reirnburserr~ent for the costs of the ~ relocation ar far damages against the TTY; provided, that I~TI~w~ shall at all tines be entitled to receive Pram the appropriate gavernn,ental bodies, excluding the CITY, payment far alteration ar relocation of its lines ar faciiitles to which UTRw~ nay be lawfully ent~.tled under a livable federal Pp state ar 1oca11aw with respect to relactian payments. . Prior to contractor mabilizativn far the PRDJF~~T, or any construction activities ar any subsequent maintenance activities within the TREFIT LI~I~S~ AREA yr EA~~NT ~~R~AI~EI~T ARF~A, ~JTRD shall obtain a Right,af way Inspection perrn~t firan~ the CITY I~tilities Engineering 1]epartn~ent for each instance. The rate of the CITY Right-of way Inspector shall he to ensure that UTRwD andlar their con~actor~s~ maintain proper traffic control devices and are conforming to best practices in their general construction operations within the public domain. A rT~Y Right-of way inspection Permit has a fee component. Presently, anticipating an expeditious construction schedule, it is estimated that the ~1TY Right-of way Inspection fee will be aproximatel~r 1 ~,~~D. UTRwD sha11 deposit the estimated inspection fee fund amount with the CITY at the tune of Right-of day Inspection Permit application, The CITY Right-of-may Inspection fees shall he drav~n ant of these posted funds an a periodic basis, throughout the duration of the: PR~~T. ~Jpon substantial completion of the PR~~~T and departure of the PR~JE~T cantractor~s} firam the TIET I~IE~E AREA, the balance of the remaining pasted Inspection Fee funds shall be refunded to UTR~. Any shortfalls in the Inspection Fee fund account shall be promptly tendered by ~JTRwD to the CITY, upon wr%tt~n notification of that event, It is understood that UTRwI) shall provide their oven. construction Inspection as it relates to construction conformance to their plans and specifications for the PR~JET. AR.TILE ~ fi~R1V1 ~F ~AREE~~T The TTY and UTRwl~ agree that the, term of this Agreement shall be perpetual, except as may be terminated under Article IV. ARTI~E IV TERMINATI~~ ~F AGREEIV~NT A. Either party nay voluntarily terminate this Agreen~er~t at any time upon giving to the other party 1 year days} written notice of such intention to terminate I. Either party may terminate this Agreement far cause by reason of the other s P~ material breach or default in the performance of this Ag~reen~ent. The party seeking to terminate this Agreement under this provision shall provide the defaulting party written notice, specirically identifying the breach ar default complained af, which native shall provide the defaulting party a period of not less than thirty ~3~} days in which to cure such breach or default, In the event such breach ar default i not filly coxed within the tune period specified} then the party seeping to terminate this Agreerrient shall provide the defaulting party with further written notice expressly specifying that this Agreement will be terminated if the breach or default is nvt wholly cured within ten X10} days aver Page of S i s:l0ur Do~u~n~tsl~or~tractsl0?IUpper Tr~~ity - Interlocal Cooperati~r~ ~greemerrt.d~c the receipt of the written notice the alleged defaulting party. In the event that the defaulting p~ fails to cure the breach or default camplained of, within the time specified, then this Agreement shall be terrnir~ated, and the party terminating this Agreement may seek appropriate legal relief. At the time of any teri~.ation event of this Agreement, UT~D shall rernave and or employ CITY appraved ren~ediatior~ techniques to deconYmission all of its facilities and appurtenances within the STREET LIENB ARBA, unless otherwise mutually agreed to in writing. If the ~ITY~, by UTR~VD default, ren~aves and or decvmrnissians TwD's facilities within the STREET LIENS A.R~A, then UTRwD shall pay the CITY its charge far removal and or any related restoration. AI~TILE V f i~L~ AI~ML~ AND IN~I~~NI~'~Y To the extent allowed by the ~anstitution and statutes of the state of Texas, and without waiving any immunity or limitation to liability, UTR~LID agrees to and shall indemnify, defend and hold harmless CfI'~, its officers, agents, and e~playees from and against any and all claims, lasses, damages, causes of action, suits, and liability of every kind, including all expenses of litigatian, court casts, and attorney's fees, for injury or death of any person, or far damages to any property; real, personal, or intellectual, arising out afar in connection with the use, installation andlar maintenance, of the water pipeline and related appurtenances, the subject of this Agreement, where the injury or death ar damage is caused by the ~.egligence of UT~wD, its ofllcers, agents, contractors or employees, except that L~TRwD assumes no liability for the sole negligent acts of TTY, its officers, agents, or en~playees. AR.TI~LE of ~NTP.A~T~R IN~R.ANCE INURANE AND INDN.[NITY. UT1~D shall provide or cause it's cantractor~s} tv provide the insurance described belov~r upon execution of this agreement, A. commercial general Liabllrt~ Insurance. This coverage should be a inin~un~ ~omb~ned Ingle Llm1t of l ,~~~s~~0 per occurrence far bodily Injury and Property Damage. The insurance shall include coverage for productslcon~pleted operations, contractual l~abrllty, premiseslaperation, explosion. -collapse -underground, and environmental impairment liability. B. Automobile Liabili Insurance. ~I~ M1n~mum vmb~ned Single Limit of $50~,aa0 per occurrence for Bodily Injury and Property Damage; and The Business Auta Policy must provide coverage far any auto, or include coverage for hired, leaped and non-owned vehicles. . marker's om~ensatloa Insurance ~ addition to the rn~niu~n statutory Page 4 of ~ i :IOur 1~ocumentsl~ontract~1~71CJpper Trinity - Interlocal cooperation Agre~ment.doc requ~ren~ents: { 1 } Employer' Liability limits of at least $1 ~Q,O~~ for each accident, I aa,aaa for each employee, and ~ ~~,~a~ policy limit for occupational disease; and The insurer agrees to waive rights of subrogation against the CITY, its af~.cials, agents, employees, and volunteers for any worl~ performed far the CITY by the UTRwD . an or its cantractar{s}. The UTRwD shall comply with the pravls1ons cfwrth Section 4DG.a96 of the Texas Labor Cade and rule 2~TAC I I l l ~ of the Texas worker's Compensation Commission. General p~o~isions ~ l } All policies shall be endorsed to read "THIS PGLICY wII~L ~~T BE C1~NCELLED GR ETON-RENEWED wITH~UT ~ DAYS AD~ANCEI] WRITTEN NOTICE TG THE CITY EXCEPT wH~N THIS POLICY' BEING CA.NCELLEI~ FOR N~NP.~YN~NT ~F PRE11~1~TlVI, IN wHICI~ CASE l ~ DAYS ADVANCE WRITTEN ~T~TIC~ I~ REUIl~ED". i Con~.merc~al .General L~bll~ty and Auton~ob~le L~abillty insurance shall be written by companies with A.- VIII or better rating in accordance with the current Best Ivey Rating Guide Commercial General Liability, Automobile L~abllrty, and Excess Liability insurance policies shall name as "Additional Insured" the City of Denton and its officials, agents, employees, and volunteers. {4} Certificates of insurance must reflect all coverages and endorsements rewired by this section. {5~ Coverage shall be placed with insurance carriers licensed to do business in the state of Texas ar with non-admitted carriers that Dave a financial rating comparable to carriers licensed to da business in Texas approved by the CYTY. ARTICLE VII PER~'ORNIA~TCE BOl~FD UTRD, as required by Teas Government Code, Section ~~.~Z1, shall require any contractor to execute to the UTRwD a performance bond in the amount of Fifty Thousand Dollars {~~,a~a.aa~ executed by a surety company authorized to da business in the Mate of Texas in the a~naunt of the contract. UTRwD shall file a copy of this band with CITY". Page 5 af8 i s:IQur ~]ocumentslContracts1~71Upper TrYnity - Interlocal Co~peratian Agreement.d~c ARTICLE ARBTTRATI~N ~ ALTERNATE D~FUTE ~EOLUTI~N The parties nay agree to settle any disputes under this Agreement by submitting their dispute to arbitration ar other rneans of alternate dispute resalutian such as mediation. Na axbitrat~an or other alternate dispute resolution arising out of or relating to, this Agreement involving ane party's disagreement may include the other party to the disagreement without the ether's approval. A.TICLE I~ AINI~BILITY UTwD shall not assign any interest in this Agreement and shall not transfer an interest in this Agreement ~u~hether by assignment, novatian ar ather~ise} without the prior written consent of the CITY, v~hich consent shall not be unreasonably withheld. CITY shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement whether by assignment, novatian or otherwise} without die prior written consent of the UTR.wD, which consent shall not be unreasonably withheld. A~TIC~,E X NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery, sent by registered mail or certified mail, return receipt requested, postage prepaid, ar by facsimile transmission actually received, ta: C'Y: ~ UTRwD: pity Manager ~ Executive Director pity of Denton Upper Trinity Regional water District ' X15 E. McKinney a0 N. Sealy Denton, T~ ?62~ 1 Lewisville, Texas 757 Fax: ~94~~ ~9-8596 ~ Fax: ~9'~2} Z~1-9896 Notices shall be deemed to have been received on the date of receipt as shown an the return receipt or other written evidence of receipt. ARTICLE . MODIFICATION No waiver or n~adificatian 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. Na evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of ar affecting this Agreement, ar the rights yr obligations of the parties hereunder, unless such waiver or mod~fcattan is iii writing, duly executed. The parties further agree that the provisions of this section will not he waived unless a herein set forth. gage ~ of 8 i mm I ~:IOur Documen#slContra~tsl~?lUppe~ Trinity - Interlocai Cooperation Agreement.doc AI~TILE III. ! ~4. In the event that any one or more of the provisions hereof concerning the subject matter of this Agxeen~ent should be held by a court or administrative agency of competent jurisdiction to be illegal, invalid or unenforceable in any respect, the parties agree to make a good faith effort to renegotiate another agreed provrs~on to fulfill the purpose and intent of the present Agreement. ARTICLE XIS ~VERN]N LAS AND VENUE This Agreement shall be construed under and governed by, ar~d in accordance with the lames of the state of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton Jaunty, Texas. venue of any suit or cause of action under this Agreement sha11 lie exclusively in Denton bounty, Texas. ARTICLE ~ ENTI AE11~ET This Agreen~er~t and the exhibits attached thereto, constitutes the entire agreement among the parties hereto with respect to the subs ect matter hereof, and supersedes any prior understandings ar written or oral agreement between the parties v~ith respect to the subject matter of this Agreement. No aenchnent, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in meriting, dated subsequent to the date hereof, and is duly executed by the parties hereto. ATILE V AEI ~F TERMS AND ~NDITI~N The failure of either party to enforce or insist upon co~.pliance v~ith any of the terms or conditions of this Agreement ha11 not constitute a general v~aiver or relinquishment of any such terms ar conditions, but the same shall be anal remain at all times in full force and effect. ARTICLE VI BINDn~~ A~JTH~RITY This Agreement is entered into by the duly authari~ed officials of each respective over~unental entity. ARTICLE III APTI~~ The caption contained in this Agree~rient are far informational purposes only and shall not in any may affect the substantive terms or conditions of this Agreement. Page 7 of :I~ur I~curnentsl~ontracts1071Upper Trinity - I~terloca~ cooperation Agrecment.dac IlV ITNE ~V~HEREOF, the pity of Denton, Texas has caused this ~nterlool ~aaperatian Agreement to be executed by its dr~Iy authorized Mayor on this the day of 2~~7; and the Upper Tr~nlty Regional dater District has cased this ~nterlocal aoperatian Agreement to be execrated by e President off` its Board of Directors on this tlae day of , ~a~~~ but to be effective from and as of the day of ~0~7. 1f ~TY+1 ZTY OF DENTON, TEXAS A Teas Municipal orpcration PERRY R. MNEILL, MAYOR A.TTET: JENNIFER ALTER, CITY ERETARY ++~h APPROVED A TO LEGAL i EDIlV M, R, SIT ATTORNEY By: "UTD" UPPER TRINITY REGIONALr CATER DITRIT BY: SANDY AEI, PRESIDENT BOARD OF DIRECTOR ATTEST: BY: Page ~ of S i I sw.... „ _ _ . Los: .mN. a - - . . . . . ter. w M: _ _ _ _ M , . . r. G.. . . . . . . . n o~.,w...._..,,,.........,,,.,.,.~h~Mw.waa<,6M~'- .x ^www+w,.,,..,... INN ,ham . . . . . -mu AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 1. McKeown, Michael & Shannon DCAD Supplemental Change 2001- $3,872.68 2005 2. Ezell Air, Inc DCAD Supplemental Change 2004 $1,495.99 3. Mavel°icl{Acoustics, Inc DCAD Supplemental Change 2005 $ 628.34 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. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $5,997.01. Respectfully submitted: Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ~ SUBJECT A06-0003 (Robson Ranch Retail Annexation) Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 23.84 acres. The property to be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road. The parcel is legally described as a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/I-35W Investors, Inc. as recorded in County Clerk File No. 02-63784. BACKGROUND Applicant: Winkelmann & Associates, Inc. Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Robson Ranch Retail property and associated right-of way. The ownership of the property is Robson/I- 35W Investors, Inc. The subject property is currently vacant (see Exhibit 1). The proposed annexation is being initiated by the applicant, Winkelmann & Associates, Inc., who representing the property owner. The following items summarize the proposed annexation and important actions taken: ■ On October 10, 2006, staff received direction from the City Council to pursue voluntary annexation proceedings for approximately 23.84 acres legally described as a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/I-35W Investors, Inc. as recorded in County Clerk File No. 02-63784. ■ The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ) and is not zoned. ■ The Comprehensive Plan identifies this area to be within a Regional Mixed Use Centers land use designation. ■ The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of way. The subject site is located in Denton's ETJ Division 1. As such, development is subj ect to only the City's subdivision regulations and not zoning regulations. The subject site is platted; however, any subsequent subdivision or reconfiguration of the subject site will be subject to the city's subdivision regulations. Incorporation of this site into the city would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Development Review Committee recommends that the first public hearing for A06-0003 is held as scheduled, and pending comments received determine if additional information is needed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. The proposed annexation area will add additional tax base to the city. EXHIBITS 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis Respectfully submitted: F . Brian Lockley, AICP Interim Director of Planning and Development Prepared by: r Ron Menguita Planner III EXHIBIT 1 Location Map s 5 i~ ~i 1 - L5 EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0003 -Robson Ranch Retail Notices to Intent to Annex (30 day prior to lst PH) will be sent on December 8, 2006. Tuesday, l/9/07 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, l/23/07 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, //10/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation. Tuesday, 2/13/07 City Council by afour-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 2/25/07 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 4/3/07 City Council by afour-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). The second reading of the ordinance and zoning approval could be held any time between March 28, 2007 and May 14, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0003 -Robson Ranch Retail I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 23.84 acre generally located at the northwest corner of I 35W and Robson Ranch Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes from future Station #7. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regu ations. city Council adopted The Denton Plan, the qty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Regional Mixed Use Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after t e properties are annexe . IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit arequest/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/wastewaterFaci1ities The City will need a waterline easement on this property in the near future to service this site. The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected m t e area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 %2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics oftopography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. T_ This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail The Planning and Development Department has received a request for annexation of approximately 23.84 acre parcel is generally located at the northwest corner of 135W and Robson Ranch Road. Size: 23.84 acre Location: Northwest corner of 135W and Robson Ranch Road Proposed use: Retail Development Proposed zoning: Regional Center Residential 1 (RCR-1) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. To determine the city's ability to provide services to the proposed area it is necessary to document: • each department's existing capacity to provide an adequate level of service to the proposed area; • additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and • cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. This property is Northwest corner of 135W and Robson Ranch Road. The Mobility Plan designates Robson Ranch Road as a Secondary Major Arterial. Future Land Uses. The proposed annexation area is within the Regional Mixed Use Centers land use designation. Existing land uses: The subject property is currently undeveloped. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA -Upland Habitat and Riparian Buffers. This property contains a small portion of 100-year floodplain. Proximity to other service providers: This property is along the southern border of the City of Denton. Based on the current data, there is no sewer line or water line in close proximity to the subject property. Water and sewer is provided to residential developments further west and east of the subject property. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the Planning and Development Department by December 1, 2006, and call 349-8328 if there are any questions. ~ ~ . . . ~ I i I ~ ~I f I U I i I I I I I I~ I it I I I I x I~ I n 4 - - ~ . ' Y - ~ t• F ~ ~~y r~ 4 i i {I r~'~c t sn k L SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Fire 1. Fire and Emergency Medical Services can be provided to the area from stations} # 3, located at 1204 McCormick Street, and Future Fire Station #7 located at 4201 Vintage Blvd. 2. Estimated response time. 5 minutes from Station #7 3. Appropriate response time in the City. 3_5 minutes 4. Is a new fire station approved in the CIP that could serve this area? Yes If yes, what is the CIP program year? 2006 - 2007 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. NIA 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? NIA Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? NIA Is there an accepted fire fighter to population ratio that can be used for planning purposes? NIA Additional Comments: Fire Station #7 is currently under construction and will be ready to serve this area in early 2007. Fire Station #3 currently serves this district with a response time of 8-10 minutes. Rick Jones December 29, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks property to the proposed annexation area is the Robson Ranch Open Space, 3 miles, Vintage Open Park, 3.36 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated of time of development) 5acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None Service Standard: Based on $3,454 (developed) cost per acre. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? None Service Standards: 0.5 to O.7FTEadditional personnel per 1,000 population (depending on type of service) $38,000 peryear cost per additional personnel Additional Comments: Bob Tickner, Superintendent of Park Planning and Development November 14, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Police 1. Estimated average response time for this area based on current department conditions: Priority Eleven 11 minutes Non-priority Fort 40 minutes Average Twenty-Five (25) minutes 2. Appropriate average response time in the city based on current department conditions: Priority Eleven 11 minutes Non-priority Thirty-Seven (37) minutes Average Twenty-Three (23) minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? N0. If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? No. If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No. If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The generally excepted ratio for police departments our size is 1.8 officers11000 population. However, we are currently operating at approx.1.4 officers11000 population. Additional Comments: Lee Creamer, Lt. November 15, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail LiLi-Y 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2. Please comment on the cumulative impact of annexation and development. Since this site is not planned for residential development, the annexation and development will not have any negative impact on Library services. 3. At what population level would another library facility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA Additional Comments: The Denton Public Library and its three branch locations already service this area. Eva Poole, Director of Libraries November 30, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. NA -Incremental cost Personnel. NA -Incremental cost 4. What is the typical revenue collected per: Household. Varies by service level Commercial Business Varies by service level Contact Customer Service, 940-349-8787, and speak with a service representative to discuss service levels and rates. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Service can be provided immediately upon annexation. Contact Customer Service, 940- 349-8787, to initiate service. Scott Lebsack November 16, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has facilities at the City of Denton Southwest Pump Station on John Payne Road. The distance to the pump station is 6,000-foot. 2. What type of lines and facilities would be required to serve this area? DME would have to construct main line some of which would have to be underground. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned at this time. 4. Are there any potential responsibilities if this area is annexed? Lighting of public streets. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? NA Is there an accepted employee to population ratio that can be used for planning purposes? NA Additional Comments: Electric service will be per Denton Municipal electric Service Standards. Don McLaughlin December 18, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Wate rlWastewate r 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 5. Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The City will need a waterline easement on this property in the near future to service this site. Tim Fisher November 14, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost Robson Ranch Rd to be determined by TIA unknown until TIA 2. Are any of these improvements presently scheduled to be done at state or federal expense? No If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? NIA Is there an accepted employee to population ratio that can be used for planning purposes? NIA Additional Comments: Robson Ranch Rd, in this area, appears to be a county street. If so, coordination with the County will be required for the connection of any driveway and any improvements to Robson Ranch Rd. This parcel, as presented, is landlocked and withoutany public street access. No public street is scheduled for construction by the City so as to service this parcel. If the property to the south is of the same ownership, through which access would be obtained, the amount of frontage along Robson Ranch Rd may not provide adequate accesslservice. A comprehensive study of this situation will need to be detailed in the TIA. Bud Vokoun November 15, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Denton Independent School District 1. Education services are currently provided by: 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: As of this writing, Planning has not received a response from Denton Independent School District. As soon as information is received, it will be included in the Service Area Analysis. Person to contact if there are questions Date AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ~ SUBJECT A06-0006 (Marriott Garden Addition, Lot 1) Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 18.27 acres. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 1 of the Marriott Garden Addition. BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 1 of the Marriott Garden Addition and associated right-of way. The ownership of Lot 1 is Denton County. Denton County has agreed to the annexation of Lot 1 that was purchased in 1997. The subj ect property is currently used as a maintenance facility for road and bridge construction. The proposed annexation is being initiated by the City as a result of an agreement to annex to the City per Cathy Allcorn, Denton County Planning Manager. In anticipation of annexing the property south of the subject site (see Exhibit 1), the City contacted Denton County to determine their interest in participating with the Marriott Garden Lot 2 annexation. Denton County agreed to the annexation of the subject site. However, the City received a response from the County past the time needed to be a part of the Marriott Garden Lot 2 annexation. At this time, Denton County is requesting the subject site be annexed into the City. The following items summarize the proposed annexation and important actions taken: ■ Staff received direction from the City Council to pursue voluntary annexation proceedings for approximately 18.27 acres legally described as Lot 1 of the Marriott Garden Addition and associated right-of way. ■ The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ) and is not zoned. ■ The Comprehensive Plan identifies this area to be within an Employment Centers and 100-Year Floodplain land use designations (located on the northwest portion of the subject site). ■ The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of way. The Lot 1 of the Marriott Garden Addition site is located in Denton's ETJ Division 1. As such, development is subject to only the city's subdivision regulations and not zoning regulations. The subject site is platted; however, any subsequent subdivision or reconfiguration of Lot 1 will be subject to the City's subdivision regulations. Incorporation of this site into the City would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends that the first public hearing for Ao6-0006 is held as scheduled, and pending comments received; determine if additional information is needed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. The proposed annexation area will add additional tax base to the city. EXHIBITS 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis Respectfully submitted: } - _ ~ ,t ...41 Brian Lockley, AICP Interim Director of Planning and Development Prepared by: r Ron Menguita Planner III EXHIBIT 1 Location Map - - _ - a ~ MARRIOTT GARDEN ADDITION LOT 2 k I I ~I 1 Y 3 .,r , L - r L i V_... i ~ •.SCa . n. EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0006 - Marriot Garden Addition, Lot 1 Notices to Intent to Annex (30 day prior to lst PH) will be sent on December 8, 2006. Tuesday, l/9/07 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, l/23/07 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, //10/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation. Tuesday, 2/13/07 City Council by afour-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 2/25/07 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 4/3/07 City Council by afour-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). The second reading of the ordinance and zoning approval could be held any time between March 28, 2007 and May 14, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0006 - Marriot Garden Addition, Lot 1 I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 18.27 acres of land generally located at the northwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Blockl, Lot 1 of the Marriott Garden Addition. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes from stations #3 and/or #5. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. The Code Enforcement Unit, in the Parks and Recreation Department's Neighborhood Services Division, will provide enforcement of City codes to the property upon the effective date of the annexation. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regu ations. city Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Regional Mixed Use Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after t e properties are annexe . IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the city. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur on Monday of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/WastewaterFaci1ities Water and wastewater utilities are currently being provided to this property. The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 %2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics oftopography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 The Planning and Development Department is processing a voluntary annexation for approximately 18.27 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ETJ) generally located at the northwest corner of Hampton Road and Masch Branch Road intersection and legally described as Block 1, Lot 1 of the Marriott Garden Addition. Size: 18.27 acre Location: Northwest corner of Hampton Road and Masch Branch Road intersection Proposed use: None at this time Proposed zoning: Not determined at this time The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. To determine the city's ability to provide services to the proposed area it is necessary to document: • each department's existing capacity to provide an adequate level of service to the proposed area; • additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and • cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. The Mobility Plan designates Masch Branch Road as a collector. The property is located approximately 1,500 feet north of University Drive. University Drive is designated as an arterial road. Future Land Uses. The proposed annexation area is within the Employment Centers land use designation. Existing land uses: The subject property is currently used for industrial use. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that a small portion of this property contains ESA -Undeveloped Floodplain and Riparian Buffer located on the northwest corner of the property. This property also contains a small portion of 100-year floodplain located on the northwest corner of the property. Proximity to other service providers: The annexation area is along the northwestern border of the City of Denton. Based on current data, there is an 8-inch water line along the street frontage of the property. The property has a 2-inch pressurized sewer line running along Hampton Road extending west along the southern boundary line of the property. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the Planning and Development Department by December 8, 2006, and call 349-8328 if there are any questions. ~ - ~ ~ I I f I M t I I I t, { t - - - ~ 1 . / h 1. ' :a . r__ .1 SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Fire 1. Fire and Emergency Medical Services can be provided to the area from stations} # 5, located at 2230 Windsor and station # 3 located at 1204 McCormick Street. 2. Estimated response time. 4-minutes 3. Appropriate response time in the City. 3_5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. NIA 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? NIA Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? NIA Is there an accepted fire fighter to population ratio that can be used for planning purposes? NIA Additional Comments: This area is currently served by the Denton Fire Department and lies at the West City Limit Line. There are no plans at this time for the addition of a fire station in this area. Rick Jones December 29, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks property to the proposed annexation area North Lakes Park, 2.15 miles, McKenna Park, 2.29 miles, Airport Open Space Park, 2.21 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (fo be dedicated at time of development) 5acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None Service Standard: Based on $3,454 (developed) cost per acre. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? None Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Bob Tickner November 28, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Police 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? No If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? NIA Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 Officers per 1,000 citizens Additional Comments: Lt. Lee Creamer December 29, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 LiLi-Y 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2. Please comment on the cumulative impact of annexation and development. Since this site is not tentatively planned for residential development, the annexation and development will not have any negative impact on Library services. 3. At what population level would another library facility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA Additional Comments: The Denton Public Library and its three branch locations already provide service to this area. Eva Poole December 7, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Incremental Cost is minimal. Equipment and Maintenance. NA Personnel. NA 4. What is the typical revenue collected per: Household. Based on refuse cart provided. Commercial Business Based on container and frequency of service. Contact Customer Service, 940-349-8787, for service level and cost information. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Scott Lebsack December 8, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 -Marriot Garden Addition, Lot 1 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has a primary underground three-phase line on the property. 2. What type of lines and facilities would be required to serve this area? DME electric facilities are in place. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned. 4. Are there any potential responsibilities if this area is annexed? Street Lighting. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: DME currently provides electric service to Marriot Garden Addition, Lot 1. Changes to the electric service will be per Denton Municipal Electric Service Standards. Bill Bunselmeyer November 27, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Wate rlWastewate r 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 5. Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: Waterand wastewater utilities are currently being provided to this property. Tim Fisher November 27, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost If not platted, Developer participation requirements for both north and east side of property Masch Branch frontage 25 ft width of pavement unknown Masch Branch frontage 8 ftsidewalk unknown Masch Branch off site possibly some pavement improvements to US380 unknown Masch BranchlUS380 participation in traffic signal unknown via TIA Roadways per the connectivity component of the mobility plan may be required including ROW dedication and streetlsidewalk installation 2. Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). None The following developer funded drainage improvements are required: The northwest corner of the lot is within Zone A floodplain (Stream DF-3) with undetermined base flood elevation. Prior to issuing a building permit for any development, the property owner is required to complete a flood study and obtain a letter of map revision (LOMR) from FEMA to establish the base flood elevation and required minimum finished floorelevation for any structures on this property. If this property is re-platted, a conditional LOMR will be required during the re- platting process to comply with Development Code Subchapter 19. Reference: City Code Chapter 30 Flood Prevention and Protection. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. NIA At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: None atthis time. Bud Vokoun December 28, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Denton Independent School District 1. Education services are currently provided by: 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: As of this writing, Planning has not received a response from Denton Independent School District. As soon as information is received, it will be included in the Service Area Analysis. Person to contact if there are questions Date AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8230 ~ SUBJECT - Z06-0023 (Hickory and Teasley) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 0.84 acres from Planned Development District (PD-176) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The subj ect property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane. BACKGROUND Applicant: Regency Centers Dallas, TX The applicant is requesting to rezone approximately 0.84 acres from Planned Development District (PD-176) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The existing zoning district is part of the Wheeler Ridge Planned Development. However, due to the alignment of Hickory Creek Road the subject site was sold to the applicant as part of a larger 17.89-acre parcel. The applicant is proposing a retail center development on the 17.89-acre parcel known as Hickory Creek Plaza (See Exhibit 7). The purpose for the request is to combine the entire 17.89-acre parcel into one contiguous zoning district. On August 28, 2006, the applicant held a neighborhood meeting at the South Branch Library. The main concerns of the meeting attendees were lighting, landscaping, dust control, site elevation and the location of the retail building. The applicant responded by sending the property owners a written response (See Exhibit 8). In conjunction with the rezoning request, the applicant is requesting an Alternative Development Plan (ADP) and four Specific Use Permits (SUPS) for the proposed retail center development. Public notification information is provided in Exhibit 6. As of this writing, staff has received two responses from property owners within 200 feet of the subject site. One property owner is in favor and the other one is neutral. PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this rezoning request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Map 7. Site Plan 8. Applicant's Response to Neighborhood Concerns 9. December 6, 2006 Planning and Zoning Commission Minutes l 0.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: Z06-0023 DATE TO BE CONSIDERED: January 9, 2007 LOCATION: The property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane. APPLICANT/ Regency Centers OWNER: 8140 Walnut Hill #400 Dallas, TX 75231 REQUEST: Rezone approximately 0.84 acres from Planned Development District (PD-176) to a Neighborhood Residential Mixed Use (NRMU) zoning district. STAFF RECOMMENDATION: The Development Review Committee recommends approval of the rezoning request. COMPREHENSIVE PLAN The subject site is located within a Neighborhood Center DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Planned Development (PD) -undeveloped vacant land South: Neighborhood Residential 4 (NR-4) - existing residential neighborhood West: Neighborhood Residential 6 (NR-6) -undeveloped vacant land East: Neighborhood Residential Mixed Use 12 (NRMU-12) - undeveloped vacant land BACKGROUND INFORMATION: The site is currently part of the Wheeler Ridge Planned Development District (PD- 176). Due to the alignment of Hickory Creek Road this parcel was separated from the Wheeler Ridge Planned Development and purchased by the applicant. The parcel is now part of a proposed retail center development (See Exhibit 7). The purpose for the request is to combine the entire 17.89-acre parcel into one contiguous zoning district. 1 ANALYSIS: Comprehensive Plan Analysis The subject parcel is within the Neighborhood Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains 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 and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed NRMU zoning district is consistent with the comprehensive plan designation. Development Code/Zoning Analysis The Wheeler Ridge Planned Development District does not designate a specific use for the 0.84-acre parcel. In addition, no development standards are associated with this parcel. The following table highlights the uses in NRMU zoning district. The NRMU zoning district permits commercial and higher density residential uses. ~ Agriculture P Livestock L(7) Single Family Dwellings N Accessory Dwelling Units N Attached Single Family Dwellings L(40) Dwellings Above Businesses P LivelWork Units P Duplexes N Community Homes For the Disabled P Group Homes SUP Multi-Family Dwellings SUP L(4) Manufactured Housing Developments N 2 / 1 1/ Home Occupation P Sale of Products Grown on Site N Hotels P Motels N Bed and Breakfast P Retail Sales and Service L(17) Movie Theaters N Restaurant or Private Club L(11) Drive-through Facility SUP Professional Services and Offices L(17) Quick Vehicle Servicing SUP Vehicle Repair N Auto and RV Sales N Laundry Facilities P Equestrian Facilities N Outdoor Recreation SUP Indoor Recreation N Major Event Entertainment N Commercial Parking Lots N Administrative or Research Facilities L(14) Broadcasting of Production Studio L(14) Sexually Oriented Business N Temporary Uses L(38) 3 1 1 11 Printing /Publishing N Bakeries L(21) Manufacture of Non-odoriferous Foods N Feed Lots N Food Processing N Light Manufacturing N Heavy Manufacturing N Wholesale Sales N Wholesale Nurseries N Distribution Center N Wholesale Storage and Distribution N Self-service Storage N Construction Materials Sales N Junk Yards and Auto Wrecking N Kennels N Veterinary Clinics P Sanitary Landfills, Commercial N Incinerators, Transfer Stations Gas Wells SUP L(27) 4 ~ 1 "It - Basic Utilities L(25) Community Service P Parks and Open Space P Churches P Semi-public, Halls, Clubs, and Lodges P Business /Trade School L(14) Adult or Child Day Care P Kindergarten, Elementary School P Middle School P High School SUP Colleges N Hospital N Elderly Housing P Medical Centers P Cemeteries N Mortuaries N 5 The chart below illustrates the development standards of the NRMU zoning district. The following limits apply to subdivision of 2 acres or less: . ~ ~ Minimum lot area (square feet) 2,500 Minimum lot width 20 feet Minimum lot depth 50 feet Minimum front yard setback None Minimum side yard 6 feet Minimum side yard adjacent to a street None Minimum rear yard None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: . ~ ~ Maximum density, dwelling units per acre 30 Minimum side yard for non-attached 12 feet buildings The following limits apply to all buildings: . ~ ~ Maximum lot coverage 80% Minimum landscaped area 20% Maximum building height 65 feet 20 feet plus 1 foot for Minimum yard when abutting asingle- each family use or district foot of building height above 20 feet 6 DEPARTMENT AND AGENCY REVIEW: The request was reviewed by the Development Review Committee and no comments were submitted. However, as part of the Pre-application Conference Application for the development of the retail center the following comments were provided as it related to the 0.84-acre parcel: ■ Any work inside the easement for the Texas Municipal Power Agency (TMPA) transmission line must be permitted by TMPA. ■ If the developer constructs Hickory Creek Road the developer will be required to pay for street I ig hti ng . ■ Dedicate ROW to ensure 67.5 feet from the centerline of Hickory to the property line and construct unimproved portions of Hickory Creek. Construct 5-foot sidewalk. FINDINGS: The Wheeler Ridge Planned Development District does not designate a specific land use for the 0.84-acre parcel. The parcel is currently vacant and is isolated from the remainder of PD-176 due to the alignment of Hickory Creek Road. Subsequently, the parcel was purchased by the developer of the proposed retail center. The 0.84-acre parcel is within an electrical easement and development within the parcel is limited. The applicant is proposing no development within the parcel except for landscaping, when installed will comply with the City's requirements. RECOMMENDATION: Based on the findings listed above, the Development Review Committee recommends approval of the rezoning request. 7 EXHIBIT 2 Location Map ~ jai ~ u~ I I~ ~ T T7 f- - ~ ~ ~ _ _ I v... EXHIBIT 3 Zoning Map ~ ~ ~ I - - I v... EXHIBIT 4 Proposed Zoning Map 3 _ - ~Q4L EXHIBIT 5 Future Land Use Map _ I I 1 ---~1_L~_ I.~_ . I .I O v~. EXHIBIT 6 Notification Map II _ r. I _ - - ~w i ~ ~ i F ~ . I~ i , k 1~ I •I ~I I ~ M~ ly vllJ■ 5/i, r J I t ~ F. .iF 4 I~ L 1 } Q •7 r .r I ~ I ~ ~ h k I i t • ~ F 5 -Z. ~ 4 l f i ~~I L I r ~ 41 - 1 I _ k k yy r ~ ~I ! ~ I`J`II 1 a+ I _ 2III S Y L Ji I _ 5 ■ ' ~ x - + I i' ~ - [ I R I .ti, t _1~_ I i A S. ~ _ r I: ii r - ■ I. ■ I 1 4 i S I • 4 Ir y~ 1 ~ ~ ~ I fi ~ ~ I _ r ~ - f.5~ y Iii - { ~ , ~ ~ , ~ ti ~ ~ - i 4 I u ■ I I I ~ ~ ~ ~ - ik iF F i f _ ■ Public Notification Date: 11/22/06 200' Legal Notices sent via Certified Mail: 4 500' Notices sent via Regular Mail: 4 r Number of responses to 200' Legal Notice ~ In Opposition: 0 ■ In Favor: 1 ■ Neutral: 1 1 EXhlblt ~ ~ ❑ ® ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ H ❑ ❑ ❑ o ❑ o ❑ W Q ~y m ~a] ° o S2t~TTsl~~7~~'71T7~T ~~~!7I~~~/j~~J~2I y ~ ~ F~ ~ ~ o . 0 N W~ Wap y i-1 U '.7o W1~L~7 Y 1LdQ LAL 111 V j N ~ ~ I I M W~~ U ~ to N o m `.y [.zc4 T.'~^„~~~ ~ O 1L~~F4'~,ag~z Qa o~p U w y► y~ Iy~ 8 ~ ~~a W~FiHNrn r~.7~T~7T ~~T TAT ~ i~ ~!L Ux. 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L iv.y .d r. .o Prom: Parks, Dorothy SentR l=riday, September o1, 2ao x:48 I'fVl To: 'wafcefie~d3D~verizon.ne#'; 'ga2ryc~veri~an.net'; 'rargaretntho~nas~veri~an.net' Cc: 'larian.folrr~er kroger.com' subject: bite at Hickory Creels 8~ Teasley . Attac~me~nts: 240~D9D~ 173~4.pdf f want to thank all of the neighbors far attending the meeting an lVlonday. As stated we want #o . work with you all and be a gaol neighbor to your neighborhood. . dome of the questions that carne up at the meeting were the following: • Lights - As discussed we will lower our poles that are near the neighborhood to In addition we will use shields to r~inirr~i~e or elirr~inate the bleed" of light aver the screenwall. • Landscaping - fur landscape architect is currently out of town but we will look to see if there is roam for additional landscaping vn the south side of the screenwaff. ~ Dust Control - As discussed we will have a water truck on site to help with dust while we are grading the site. • i#e elevation - l have spoken with our civil engineer and we are stir ~n the preliminary stages of engineering however we have discussed the neighborhoods desire to keep the site a high as possible adjacent to the neighbors and will take that into consideration as we design the site. • Location of the retail building - I Dave attached our landscape plan a it exists today. V1le are still preliminary and it i subject to City approval. At Carr~s request l have scaled it off and shaven dimensions on the site. Please let me Arnow if there are any other issues. we are working hard to rake this project work for the con~m un it}r. . f will send a follow up on the issues stiff outstanding once z have obtained the answers. Also, lillr. Wakefield I tried to return your cal! but a fax rnachine picked up - I would be happy to . call you if you can give me your number again. 2~~fiD~g1~.~"~94 5.pdf ~~~t I~B} Thanks# Dorothy Raven Parks Regency Centers 840 walnut Hill Lane, quite 4a~ f]aflas, Texas 7~~1 ~ 14,7D~-~a X14-GG-5~~ fax Page 33 Page 35 1 cowsra~,R TRAI~GE: she next its is t MR. HAV~ta~v: chairman and Commission, I ~ Item No. 5B which is the rezoning of approximately .S4 2 am Keith Hauptmann, 3105 Ocean Drive. I'm one of 15 3 acres of land from Planned De~elopnrent District Na. I'~6 to 3 houses that's going to back up to this new ca~nmercial. 1VIy 4 a Neighborhood Residential Mired Use honing District. The 4 wife and I are in favor of the overall plan, we don't ~ properky's located. on the southeast corner of Hickory ~ have any issues tyre. But if I may just present this to ~ Creek Road and Teasley Dane, IVIr. MezYgaita, G you Y'm Sorry, just hand you this real quick. This is ~ two. Yes, Mr. Chairman# nbers 7 regarding the fencing, if I could bring that up to you and ~ S of the Commission, siace we're out of visual aids I'd ask 8 the and I don't IcAOw if this is the right farwn far 9 far you to refer to your backup fax ~ exhibits. The 9 this, but landscaping and tle fencing that they have IO existing zoning district P~ is P of the wheeler Ridge 10 that's going to bider our property from the carr~mercial 1 I Planned Development. Due to the Hickory Creek future I 1 side, very attractive, what we understand is we 12 alignment, the sub jcctsite ,a~4 acres has was 1 ~ thought they were rni~nallY going t~ ta~~e our fence dawn I ~ separated and now and was Bald off to the applicant. 1 ~ and we were just going to have the brick fence. And nova 14 .Tile purpose far the request is t0 Combine the entire site I4 we understand that there"s going to be a one-foot setback, 15 with the southern boundary to a contiguous zoning district f 5 our woad fence, one foot, and then t brick wall. The l6 of rte. Ib brick wall is going to stand two feet higher than our wand I ~ trD~Mtsta~t T~4IAS: cure me, which 1? fence. o we have a dead zone, And what we're aSkit~g is I$ exhibit are we supposed to be loakiug at? 18 that we be able to probably pub. our fence down and dice 1g . iFm sorry. Exhibit , which I9 woad fence and tie directly into the brick far esthetics 2~ is the proposed zoning. 2~ purposes Also, if our fence, if it's in Head of repair, 2l cosrorr~ Tx~~o~~~x: Tl zoning map. 2l there's no way that we're going to be able to I mean, 22 ~.t. MENGUTT~: tt's the zoning map, yes. 22 I'm a pity skrnny guy, but trying to get back is that ~3 ~oMMISiQNF~ THaMA~: okay. lorry, go 23 one foot to do a repair so we Can hammer whatever we need 24 ahead. 24 to do is going be almost next to impossible in addition 25 . ~~~~T~: ~ quick background To # 5 to anything else that might get caught back there, weeds, Page 34 Page ~G I northeast is the whee~r Ridge residential development. I rodents, anything else. o we`re looking to --from an 2 To the west is a vacant undeveloped parcel. To the east 2 esthetics, from our side, the 15 houses that butt up to ~ is vacant as well. And to south is an existing 3 that, ~ be able to pull the face clown and ~e directly 4 residential development, the Teasley Harbor Neighborhood. 4 into that brick fence or to have same other option so that 5 The general Y'm sorry, Denton ~ we don't have a double fence line. 6 Development Plan designates this area as Neighborhood G ca~IO~ sTx.~rr~E: Dave you discussed ~ Center, The tau which is the proposed zoning disci ict is 7 that with t developer? 8 consistent with tlae Comprehensive Plan. As of this 8 mot, ~r.~'~: we had abrief Garry, 9 morning, staff has raceived two naty~cations, ponces 9 did you 1~ to our aati~ea~an that we sent out. Due ~uas in favor of l~ c~r~t.,~: well I l the zoning case and one was neutral to zoning request. 1 ~ can~~~~orrEU s~a~: we need t ~ At this time DRS recommends approva} of this tinning X 2 . ~i,4~PTMANI~: This is my first 13 request. The applicant is also hem for any questions l3 conversation with this. dome of the neighbors and I have 14 that you may have. And at this time if you have any I4 beep sending e-mails back amd forth to the developer. 15 questions for staff or far myself, I`ll be happy to 1 ~ co~~s~~ot sTRa~: okay. Dur procedure l~ entertain them at this paint. 1 G lie Hat to cut you off is that If you wish to speak 1 ~ co~~sstox sTR~~: ~ you have any 17 you have to come to the podium and give us your name and 18 questions of staff: Thank you; Mr, Menguita. IS address. a if you wish to speak you can came dawn. My Ig mot. n~~r~vtT~: okay, 1~ question was wler or Hat you have had any 2fl oar~~siat~t sTR.P~GE: we will Haw open the 2Q correspondence or connection with the developer about 21 public hearing. I the applicant here and do they wish to 21 the 22 speak? Okay. The applicant is here and t~ do not wish 22 ~u~T~v: we lra~te been sending ~3 to speak, Okay. we do have some cards of people who wish 2~ e~nails back and far~h to, I believe, one woman that's on 24 to speak on this item. Reich Hauptmann, do you wish to 24 Development C.~ittee and wit has gone back and 2 speak` 25 forth, h`ke I say is that our fence has to stay. from a P~AI~NIN ~ ~~~II~T~r, DEE~IIIB~.R ~0~~ gage 3~ - Page . _ : . ~onnseIt~ ~~ge ~ Page 3~ l liability they canrt come on nur property to set that 1 ~ have faun other items dated ~ this 2 fence and it is gong to be the one-foot dad hieh ~ property, public. hear'g items number ~C, D, E and F' are 3 like i say, the property owners, it puts us in kind of an 3 ah. far speck use permits. we will have one 4 unaCeeptable situation. 4 prntation that wiIl cover all of tl items and have 5 CQIVINIISSZGNER STRANGE: Okay. All right. 5 comments and thin we will vote on dour items ~ MR. HAUFTMANI~: d we just wanted to bring G separately. You may make your presentation. 7 that before you as a cause of concern. 7 rte: ~~xo~TA: Thank youx Mr. Chairman, S C~MNtS10N~R STRANGE: Gkay. Apprec%ate S meanbers of the Commissioa. 1 will start with 5~6-~~0~, 9 it. 'phe other card l have would be from Garry Chandler. 9 which .is to a grocery stare to exceed a maximum of ~5,~~~ l~ h+IR. CI~AWDLER: Gaud evening. ~ name is 1D square feet of gross Hoar and to a1law~a 1 ~ ~ Chandler. I live at 3101 ocean Drive. ~'m Nor, 11 ~ drive-through facility associated with a pharmacy. The l2 Hauptniann's neighbor on the west side. And I he's ~2 project site is located an the southeast corner of hickory 1 basically touched o~n what our main eooeern is. fnitially 13 Crrek and Teasley Land and is within a Neighborhood l4 when ~ received my certified letter in a fit of peak, I 14 Residential Mixed Use coning district. . 1 ~ said I was opposed to the project because of the fact that 1 ~ The applicant xs going to be providing 16 ~ hadn't received the informattan I was try'ing to get from 16 dscaping as well as ~elevatian enhancement for the 17 the developer. And then after a phone call, things have 17 purpose of helping mitigate the sue. The Code for 1 S you know, first of all, they've been very fortht iht, 1 ~ ubchapt~r ~ S.G.4.~ set t~ approval criteria for a 19 aaad they've been very open to our suggestions. But were 19 pecirie Use Permit and the proposed increase in tiie kind of concerned about the brick wall and ~ one foot ZO squ~e footage as well as the drive through meets those ~l setback which is going to date an area of no ~nan~s land. ~l criteria, Let me go through briefly what thane are. 22 Everything is going tta grow up through there. And this 22 The spec~ic use will be compatible with 23 might not be the right forum but we did want tQ put it on and not injurious to the use and enjoyment of other ~4 record. we appreciate your time. property nor significantly dinunish ox impair properly 2~ I~OMMISS~ONER STRANGE: Thank you. Is there ~5 values within nnmediate vicinity. The proposed str~ p~ 3 g Page ~0 1 anyone else that would like to speak? I have no 1 would not be injurious to the neighborhood. And the 2 cards. Anyone else who wishes to speak an the issue? ff 2 applicant witi provide all required buffering, screening, 3 not yam, 3 and setbacks to ensure compatibility with the neighborhood 4 . ~utt,r~R: t had one thing 1 just wanted 4 as prescribed in the ]]e~iton velapment Cade. to discuss, S Number 2, #hat the establishment of dace G coMn~ss~ort STRANGE: ~iye us your name 6 specific use wip not impede narnial and orderly 7 and address, please. ~ 7 dev~lopn~nt and improvement of surrounding vacant mot. ~tnt.rR: ivty name is Martin Miller, 8 property. The ehsstablishmeat of the retail center would 9 with Regent' Centers ~ we are national and we have had 9 not significantly impede the naz~nal and orderly 1 ~ discussion with the h~neowners. ~Ve have had a meting 1 ~ development of the suiTOUnding vacant land. 11 with we have discussed in the past couple of days with 11 Three, that adequate utillities, access 1~ Mr, Chandler and we have been addressing some of l~ roads, drainage and other necessary supporting facilities 13 concerns chat were talked about and we will continue to do 13 have been or will be provided The proposed ingress and 14 that during this Ao~ process. we will talk to the and l4 egress from Hickary Creek Road and Teasley Lane will 15 try to salve some of those issues. l5 provide adequate access to the site. ' supporting 1~ CaMN~SSIONER STRANGE: Thank you very ml~ch l6 facilities have been approved tbrcugh the development 17 with na cards, we will now close the public 17 review process. 1 S Do we have a motion on this item? 18 Four, The design, location and arra~agement 19 ~oMn~iss~oN~R Lv: Mnve for approval. 19 of all driveways and parking spaces provides far the safe Zd costox~R STRANGE: we have a moon far ~Q and convenient movement of vehicular and pedestrian ~1 approval by l~Is, Lyke. Igo we have a second? ~1 traffic without adversely affecting general public or 22 ~on~MZSS~aN11R THIBG~EAiT%: second. ~2 adjacent de°velopinents. ' proposed ingress and ems 23 co~M~ss~o STRANGE; we have a second by 23 from Hickory Creek Road and Teasley Lane zs designed to 2~ l~r, Thibodeaux, Any fiu~tlier discussion? Having naIle, ~4 provide safe and convenient movement of vehicular and 25 please vote, dote passes 7-U. 2~ pedestrian traffic without negatively impacting the P~.A►NN & DE~MBER ~4~b gage 37 " gage S:l~ur Document~l~rdinances1~61z~6-~023.doc ORDINANCE .AN ORDINANCE qF THE CITY ~F DENTIN, TEA, PR~VIDIN FAR A ~~NIN CHANCE FRAM A PLANNED DE'~ELOPENT DISTRICT BPD-17b} T~ A NEICHBORH~D RESIDENTIAL N1IED USE ~~NIN DISTRICT CLAIFICATION AND SSE DEINATI~N FCR APPR~IATELY 0.84 ACRES s. GENERALLY LOCATED ~N THE ~UTHEAT CORNER ~F HICKORY CREED ROAD AND TEALEY LANE, .AND LEGALLY DES CRIBED A TRACT ~F LAND IT[JATED IN THE BARRY 1~IERCHANT UR~EY, ATTRACT NUMBER 500, IN THE CITY OF DENTIN, DENTON COUN~`Y, TEA; SAID TRACT BEING ALL ~F THE WHEELER RIDE PHASE FpUR, LOT l~, BLOCK BB; PRO~IDIN FOR A PENALTY ~N THE MAXIMUM AMOUNT OF ~,0~0,00 FOR VIOLATIONS THEREOF; PROIDIN ~ SEERABILITY CLAUSE AND AN EFFECTIVE DATE. ~~0-0023} WHEREAS, Regency Centers has applied for a change in zoning for apprax~rnately 0.84 acres from a Planned Development District BPD-17} zoning district to Neighborhood Resldent~al 1Vlixed ~s~ ~NRU} zoning district class~ficatlon and use de~gnatlan: and WHEREAS, on December 200G, the Planning and honing 1~amissian concluded a public hearing as required by law, and recommended approval ofthe requested change in zonings r ~t WHEREAS, the City Council finds that the change i cans~stent with the Denton Pull and the Developrrient Code; NOw THEREFORE .s THE COUNCIL OF THE CITY ~F DENTON HERESY ~R.DAIN: SECTION 1. The findings and recitations C~ntallled in the preamble af'this ordinance are incorporated herein by reference and found to be true, SECTION The zoning district classification and use designation far 0.84 acres of land described in Exhibit "A" attached and incorporated for all purposes herein the "Property"}, as a tract of land situated in the Barry IVlerchant Survey, Abstract Na. 5~~, in the it of Denton Y Denton County, Texas; said tract being all of Sheeler Ridge Phase Four, Block BB, is hereby changed from a Planned Development District BPD-176 zoning district to Neighborhood R~~derltlal 11~1xed Use zoning district classification and use designation. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of way. SEOTIDN 3, The City's official zoning rriap is amended to show the change in zoning district classification and use designation, SEOTIDN 4. If any provision of this ordinance yr the application thereat to any person or circumstance is held invalid by any court, such invalidity shall affect the validit of the . . y provisions or applications, and to this end the provisions of this ordinance are severable. {r LM E~T~~N Any person violating any provision of this ordinance shall, upon Ca11VICt10I1, be fined ~ sum not exceeding ~,~0~.~0~ Each day that a pro~isian of this ordinance is violated shall constitute a separate and distinct offense, ETI~N G. This ordinance shall become effective fourteen ~ 1 days firona the date of its passage, and the pity secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-hranicle, a daily newspaper published in the pity of Denton, Texas, within ten ~I days of the date of its passage, PAED AND APPR~V'ED dais the ~ day of ~~p~. PERRY cNEILL, MAYOR ATTEST; JENNIFER wALTFR, CITY ERETARY BY: APPROVED -'ICE EDw ~ NYDE, CITY ATTORNE .~x. . LM E~chibit A ~ql~~', ~ ~ ~~l~~~ ~~U~~I', ~`~~8 ~grd~~g tq t q~d ~ C~ q~ ~qq~ ~e t~a~, ~'caa~, ~ ~~I q a ~~d ddb i ~~'V~ q~~~, tai 8~ ~qi~t ~qd ~ I~~~~ W~. ~ qt ~ ~ qt ~q~ q~r~% ~e~~ ~~~~~1~~ M ~i ~ 7W~ R~~q' } ~~iN ~1 ~~a14Y~itI ■ rF71~ dam, ~mi~n~q; q ~~d ~ ~lt~n q~ ~ .D et; ~~q~~ fh~ q~ ~k q~ ooh ~h q~~ ~ ~n~~, ~ ~ fit, ~ ~~t tq pq~nt ~q~ e~~nr mid ~ei~g ~t bi~~r~ a~ ~ q ~q ~h~ ~q~t; ~ ~ qu~~~~q~~ di+~iq~ 1~~ ~ ~~t~ ~ ~ ~~lq t ~ f11~~~r ~V4F~Lia7i F~4 ~~"l`d~~ q~ ~r 4If Q q~ ~ ~ ~I 1~~+?~ ~/V~r7 4Mrf ~~q. ~~y ~1~ ~M dIW,~F~~ q~ rl ~ #1~ !~1 ~~i said ~d ~qi~ r~ ~ ~~i~ q~ ~ ~ ~q~ l~r 'ir~d ~ ~~d ~q Ir~~ ~E i~ ~q~ q~ ~ ~ ~I~~~a, ~~d~'~, q~ ~q~~ ~t~~ Df #h~ ~~d end q~~~ ~ di~q ~1,~q tq ~ ~pq~nt q~ ~r q~ t~~ ~'~e~l~~ ~~N~~ ~qr m~~tq~ ~ eq~d ~t ~~q~ ~ i~~t~-w~~r ~~r~~ q~ ~'e~~~ ~ ~~q:8 ~t to ~ ~ L~I~~~~ ~~a q~ q.~ Ana qr I~~ 0 ~ ~.c i AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8230 SUBJECT - 506-0006 (Hickory and Teasley) Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a grocery store to exceed a maximum of 25,000 square feet of gross floor area and to allow adrive-through facility associated with a pharmacy. The site is a part of a proposed retail center development known as Hickory Creek Plaza. The proposed retail center development is located on the southeast corner of future alignment of Hickory Creek Road and Teasley Lane. The development is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. BACKGROUND Applicant: Regency Centers Dallas, TX In an NRMU zoning district, the Denton Development Code limits retail sales and services to a maximum of 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. The Denton Development Code also allows for drive-through facilities with an SUP. The applicant is proposing 98,586 square feet of gross floor area for the grocery store and adrive-through facility associated with a pharmacy. This SUP was submitted in conjunction with a rezoning request, an Alternative Development Plan and three other SUPS. On August 28, 2006, the applicant held a neighborhood meeting at the South Branch Library regarding the proposed retail center development. The main concerns from the property owners were lighting, landscaping, dust control, site elevation and the location of the retail building. The applicant responded by sending the property owners a written response (See Exhibit 7). Public notification information is provided in Exhibit 5. As of this writing, staff has received eight responses from property owners within 200 feet of the subject site. Three are in opposition, four are in favor, and one is neutral. PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this SUP request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Notification Map 6. Site Plan 7. Applicant's Response to Neighborhood Concerns 8. December 6, 2006 Planning and Zoning Commission Minutes 9. Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: S06-0006 DATE TO BE CONSIDERED: January 9, 2007 LOCATION: The property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane (Parcel 1 of the proposed retail center development). APPLICANT/ Regency Centers OWNER: 8140 Walnut Hill #400 Dallas, TX 75231 REQUEST: A Specific Use Permit to allow a grocery store to exceed a maximum 25,000 square feet of gross floor area and to allow adrive-through facility associated with a pharmacy. STAFF RECOMMENDATION: The Development Review Committee recommends approval of the Specific Use Permit. ZONING Neighborhood Residential Mixed Use (NRMU) zoning district. The DISTRICT: purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. COMPREHENSIVE PLAN The subject site is located within a Neighborhood Center DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Planned Development (PD) -undeveloped vacant land South: Neighborhood Residential 4 (NR-4) - existing residential neighborhood West: Neighborhood Residential 6 (NR-6) -undeveloped vacant land East: Neighborhood Residential Mixed Use 12 (NRMU-12) - undeveloped vacant land BACKGROUND INFORMATION: Subsection 35.5.8. L(17) of the Denton Development Code requires an SUP to allow grocery stores to exceed a maximum of 25,000 square feet of gross floor area per use within an NRMU zoning district. Subsection 35.5.2.2 of the Denton Development Code requires an SUP for drive-through facilities within an NRMU zoning district. ANALYSIS: The proposed project is within the Neighborhood Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains 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. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed retail center is consistent with the comprehensive plan designation and will serve both the immediate neighborhoods and the region. The applicant is proposing 98,586 square feet of gross floor area for the grocery store. Approximately 81,264 square feet will be built during the first phase with an expansion area of 17, 322 square feet scheduled to be built at some point in the future. According to a Kroger representative, the 81,264 square feet is their current prototype store. The purpose of the larger square footage is to house more goods other than groceries to compete with other retail chains such as Wal Mart. For comparison purposes the Kroger located at Denton Crossing is approximately 62,000 square feet and was built two years ago. The Kroger located on University and Carroll Drive is also approximately 62,000 square feet. The closest existing grocery stores in the area are: ■ Wal Mart Supercenter -Swisher and I-35 (approximately 4.36 miles driving distance southeast from subject site) ■ Albertsons -Swisher and I-35 (approximately 4.36 miles driving distance southeast from subject site) ■ Albertsons -Lillian Miller and I-35 (approximately 3.2 miles driving distance north from subject site} The proposed grocery store is located in the middle of the existing grocery stores that currently service the area (3 to 4 miles apart). The proposed grocery store can serve a void of retail needs for existing and future residents in the immediate vicinity. The number of existing residential homes in the area is approximately 10,000 dwelling units. The area is experiencing tremendous residential growth, with approximate 2,500 additional dwelling units planned for the area. The proposed grocery store is located in the middle of this growth. It is also located along a primary major arterial and on the corner of a lighted intersection. DEPARTMENT AND AGENCY REVIEW: All Development Review Committee comments have been addressed regarding this SUP request. FINDINGS: Pursuant to subsection 35.6.4.6. a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The proposed SUP would not be injurious to the neighborhood. The applicant will provide all required buffering, screening, and setbacks to ensure compatibility with the neighborhood as prescribed in the Denton Development Code. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The establishment of the retail center would not significantly impede the normal and orderly development of the surrounding vacant land. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed ingress and egress from Hickory Creek Road and Teasley Lane will provide adequate access to the site. Other supporting facilities have been approved through the development reviewprocess. 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; The proposed ingress and egress from Hickory Creek Road and Teasley Lane is designed to provide safe and convenient movement of vehicular and pedestrian traffic without negatively impacting the surrounding neighborhoods. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The majority of the offensive odor, fumes, dust, noise and vibration would be created during construction. The applicant will provide all required buffering, screening, and setbacks to ensure minimal nuisance to the neighborhood as prescribed in the Denton Development Code. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting will comply with the development standards addressed in the Denton Development Code. The applicant is proposing to lower poles that are near the residential neighborhood to 24-feet. In addition, shields will be used to minimize or eliminate the "bleed" of light over the 8-foot screen wall. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed site will meet all landscaping and tree preservation regulations under Subchapters 13 in the Denton Development Code. The applicant proposes to provide 21 % landscape area associated with Parcel 1 as shown in Exhibit 6 (20% is required). Street trees and landscape areas along Teasley Lane will screen the development from adjacent properties. RECOMMENDATION: Based on the analysis and findings listed above, the Development Review Committee recommends approval of the SUP request. EXHIBIT 2 Location Map _ ~ 5 ~ I F 1 7 I it I ?I i 1~■ y` 1~ ~T EXHIBIT 3 Zoning Map f f, { r r r - F ~ 1~ EXHIBIT 4 Future Land Use Map i, o ~w xoa aoo EXHIBIT 5 Notification Map I ~ ~ t I~ 'f F + ~ y ~i I ~e '~I 'I ~ ~ I - ' + / ~ If. ~ ~ I r~ ~ I I ■ ~ it 1 I ~ _ ~I I~ i A ~ ~ 4 ~ f I lil 1 1 $ 4 _ I~~ ~ A t I I s }7r a 5 ~ ~r - ~ I ii i } i I I I I ~ ~ M1 IL- ~ ~ ~ - ti i _ 1 ~ r ~ ~ ~ ~ I - i- 11 r- G ..0 r. - r . ~ ~ , :'4 I It _ } I ~ 1 h II I~ ~ { ~Fl r _ - ~ I LII ~ I k - r :w. ...F.. s . i I I r ~I I 5 ~ ~ ~ _ y I F I L I 1 I ~ .Ff ~ ~ I 7 L I 5 I' I ~ I I I i , 1 ~I I. I 5 5'I ~I~ ~ J f ' ~ I ~ 5 II I I ~ { 91 Public Notification Date: 11/22/06 200' Legal Notices sent via Certified Mail: 38 500' Notices sent via Regular Mail: 38 Number of responses to 200' Legal Notice ~ ~ In Opposition: 3 ■ In Favor: 4 ■ Neutral: 1 Exhibit 6 ~;~~I~;~ ®®o®®®o H ®oo®®oo W Q ~y m ~a] ° o S2t~TTsl~~7~~'71T7~T ~~~!7I~~~/j~~J~2I y ~ ~ F~ ~ ~ o . 0 N W~ Wap y i-1 U '.7o W1~L~7 Y 1LdQ LAL 111 V j N ~ ~ I I M W~~ U ~ to N o m `.y [.zc4 T.'~^„~~~ ~ O 1L~~F4'~,ag~z Qa o~p U w y► y~ Iy~ 8 ~ ~~a W~FiHNrn r~.7~T~7T ~~T TAT ~ i~ ~!L Ux. 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L iv.y .d r. .o Prom: Parks, Dorothy SentR l=riday, September o1, 2ao x:48 I'fVl To: 'wafcefie~d3D~verizon.ne#'; 'ga2ryc~veri~an.net'; 'rargaretntho~nas~veri~an.net' Cc: 'larian.folrr~er kroger.com' subject: bite at Hickory Creels 8~ Teasley . Attac~me~nts: 240~D9D~ 173~4.pdf f want to thank all of the neighbors far attending the meeting an lVlonday. As stated we want #o . work with you all and be a gaol neighbor to your neighborhood. . dome of the questions that carne up at the meeting were the following: • Lights - As discussed we will lower our poles that are near the neighborhood to In addition we will use shields to r~inirr~i~e or elirr~inate the bleed" of light aver the screenwall. • Landscaping - fur landscape architect is currently out of town but we will look to see if there is roam for additional landscaping vn the south side of the screenwaff. ~ Dust Control - As discussed we will have a water truck on site to help with dust while we are grading the site. • i#e elevation - l have spoken with our civil engineer and we are stir ~n the preliminary stages of engineering however we have discussed the neighborhoods desire to keep the site a high as possible adjacent to the neighbors and will take that into consideration as we design the site. • Location of the retail building - I Dave attached our landscape plan a it exists today. V1le are still preliminary and it i subject to City approval. At Carr~s request l have scaled it off and shaven dimensions on the site. Please let me Arnow if there are any other issues. we are working hard to rake this project work for the con~m un it}r. . f will send a follow up on the issues stiff outstanding once z have obtained the answers. Also, lillr. Wakefield I tried to return your cal! but a fax rnachine picked up - I would be happy to . call you if you can give me your number again. 2~~fiD~g1~.~"~94 5.pdf ~~~t I~B} Thanks# Dorothy Raven Parks Regency Centers 840 walnut Hill Lane, quite 4a~ f]aflas, Texas 7~~1 ~ 14,7D~-~a X14-GG-5~~ fax ~onnseIt~ ~~ge ~ Page 3~ l liability they canrt come on nur property to set that 1 ~ have faun other items dated ~ this 2 fence and it is gong to be the one-foot dad hieh ~ property, public. hear'g items number ~C, D, E and F' are 3 like i say, the property owners, it puts us in kind of an 3 ah. far speck use permits. we will have one 4 unaCeeptable situation. 4 prntation that wiIl cover all of tl items and have 5 CQIVINIISSZGNER STRANGE: Okay. All right. 5 comments and thin we will vote on dour items ~ MR. HAUFTMANI~: d we just wanted to bring G separately. You may make your presentation. 7 that before you as a cause of concern. 7 rte: ~~xo~TA: Thank youx Mr. Chairman, S C~MNtS10N~R STRANGE: Gkay. Apprec%ate S meanbers of the Commissioa. 1 will start with 5~6-~~0~, 9 it. 'phe other card l have would be from Garry Chandler. 9 which .is to a grocery stare to exceed a maximum of ~5,~~~ l~ h+IR. CI~AWDLER: Gaud evening. ~ name is 1D square feet of gross Hoar and to a1law~a 1 ~ ~ Chandler. I live at 3101 ocean Drive. ~'m Nor, 11 ~ drive-through facility associated with a pharmacy. The l2 Hauptniann's neighbor on the west side. And I he's ~2 project site is located an the southeast corner of hickory 1 basically touched o~n what our main eooeern is. fnitially 13 Crrek and Teasley Land and is within a Neighborhood l4 when ~ received my certified letter in a fit of peak, I 14 Residential Mixed Use coning district. . 1 ~ said I was opposed to the project because of the fact that 1 ~ The applicant xs going to be providing 16 ~ hadn't received the informattan I was try'ing to get from 16 dscaping as well as ~elevatian enhancement for the 17 the developer. And then after a phone call, things have 17 purpose of helping mitigate the sue. The Code for 1 S you know, first of all, they've been very fortht iht, 1 ~ ubchapt~r ~ S.G.4.~ set t~ approval criteria for a 19 aaad they've been very open to our suggestions. But were 19 pecirie Use Permit and the proposed increase in tiie kind of concerned about the brick wall and ~ one foot ZO squ~e footage as well as the drive through meets those ~l setback which is going to date an area of no ~nan~s land. ~l criteria, Let me go through briefly what thane are. 22 Everything is going tta grow up through there. And this 22 The spec~ic use will be compatible with 23 might not be the right forum but we did want tQ put it on and not injurious to the use and enjoyment of other ~4 record. we appreciate your time. property nor significantly dinunish ox impair properly 2~ I~OMMISS~ONER STRANGE: Thank you. Is there ~5 values within nnmediate vicinity. The proposed str~ p~ 3 g Page ~0 1 anyone else that would like to speak? I have no 1 would not be injurious to the neighborhood. And the 2 cards. Anyone else who wishes to speak an the issue? ff 2 applicant witi provide all required buffering, screening, 3 not yam, 3 and setbacks to ensure compatibility with the neighborhood 4 . ~utt,r~R: t had one thing 1 just wanted 4 as prescribed in the ]]e~iton velapment Cade. to discuss, S Number 2, #hat the establishment of dace G coMn~ss~ort STRANGE: ~iye us your name 6 specific use wip not impede narnial and orderly 7 and address, please. ~ 7 dev~lopn~nt and improvement of surrounding vacant mot. ~tnt.rR: ivty name is Martin Miller, 8 property. The ehsstablishmeat of the retail center would 9 with Regent' Centers ~ we are national and we have had 9 not significantly impede the naz~nal and orderly 1 ~ discussion with the h~neowners. ~Ve have had a meting 1 ~ development of the suiTOUnding vacant land. 11 with we have discussed in the past couple of days with 11 Three, that adequate utillities, access 1~ Mr, Chandler and we have been addressing some of l~ roads, drainage and other necessary supporting facilities 13 concerns chat were talked about and we will continue to do 13 have been or will be provided The proposed ingress and 14 that during this Ao~ process. we will talk to the and l4 egress from Hickary Creek Road and Teasley Lane will 15 try to salve some of those issues. l5 provide adequate access to the site. ' supporting 1~ CaMN~SSIONER STRANGE: Thank you very ml~ch l6 facilities have been approved tbrcugh the development 17 with na cards, we will now close the public 17 review process. 1 S Do we have a motion on this item? 18 Four, The design, location and arra~agement 19 ~oMn~iss~oN~R Lv: Mnve for approval. 19 of all driveways and parking spaces provides far the safe Zd costox~R STRANGE: we have a moon far ~Q and convenient movement of vehicular and pedestrian ~1 approval by l~Is, Lyke. Igo we have a second? ~1 traffic without adversely affecting general public or 22 ~on~MZSS~aN11R THIBG~EAiT%: second. ~2 adjacent de°velopinents. ' proposed ingress and ems 23 co~M~ss~o STRANGE; we have a second by 23 from Hickory Creek Road and Teasley Lane zs designed to 2~ l~r, Thibodeaux, Any fiu~tlier discussion? Having naIle, ~4 provide safe and convenient movement of vehicular and 25 please vote, dote passes 7-U. 2~ pedestrian traffic without negatively impacting the P~.A►NN & DE~MBER ~4~b gage 37 " gage o~s~~'~ Page 4~ ~ Page 43 l surrounding neighborhoods. 1 compatibility with the adjacent neighborhood. with that, 2 Five, that adequate nuisance prevention ~ oRO recommends approval of all four sv~'s. The 3 measures have been or will be taken to prevent or control applicant is here to answer any questions. At this point, 4 offensive odor, fames, dust, noise, arad vibtion. Tl 4 ~ if you have any questions for me, I would be happy to ~ majority of the offensive odor, fumes, dusty noise and ~ entertain them. ~ vibration would be created during constr~tc~an. T.I ~ can~rnnsslaNE~ S'~RANGE: any questior~~s of 7 applicant will provide all required buffering, screening ? staff? Dkay. we'11 now open the public hearing. Is the 8 and setbacks to ensure minimal nuisance to the H applicant here and do they wish to spew? 9 neighborhood. as prescribed in the Denton Development Code. 9 M~.. ~IrI,~~; Chairman, and Coammissioners, I l0 fix, that dineetional lighting will be 10 just want to again introduce I'm Mark Miller with l 1 provided so as not to disturb ar adversely affect 11 RencyCenters and a11aw ourselves to be available for ~l ~ neighboring prope~ies# and lighting will comply with the 1 ~ any questions you. may have on any of these surf s as well 13 development standards addressed in the Denton Development 13 as we have represerYta~ves from Kroger as well if you need l4 Code The applicant is proposing to Tower pales that are 14 to ask any questions: And that's all I wanted to, say . 15 near the residentiaal neighborhood to ~4:-feet. ~ I ~ right now. l ~ addition, shields will be used ~ minimize or eliminate I G ca~►m~ISI~NER STRANGE: any questions of the l7 the bleed of light over the eight fact screen wall. I7 applicant? Dkay, The cards that I had earlier were ~l8 Seven, that there as sufficient landscaping I marked for Items ~ through F. o do you --did you wish l9 and screening to ensure harmony and compatibility with I~ to speak on these items or just simply the zoning?~ 20 adjacent property, The proposed site will meet all 2l~ €~NN: yeah, it was just the . ~1 landscaping and tree preser5tatian regnlabons undex ~t overall fence. ~2 Subchapters 13 in the Denton Development Code. Tl ~Z CoA+INIII~N~R s~"RANC~E; okay. Anyone else ~3 applicant proposes to provide 21 percent landscape area ~3 wish to speak an this item`s Don't guess you have ar~y ~4 assoc~.ted with Parel 1 as shown in Exhibit G ~D rebuttal then? with that, we~l1 close the public hearing. percent is required. Street trees and landscape areas 25 Do we Dave a motion on these items? And what we"re going Page 4~ Page 44 ~ along Teasley Lane will s~~reert the develop~a~ent from 1 to do is we're going to take them individually, Item C, D, 2 adjacent p~opex.es. ~ E and F. So do we have a motion we' lI need four 3 Ob-~~o7, ~ secar~d std request is for an ~ separate motions. Do we have a motion on Item ~o. 5C, 4 siJP to a11ow adrive-through facility associated with a 4 which is the sr.~ four the grocery store? 5 bank. That site location is right here, Lot 5 of the ~ co~vtlsloNE~ Txon~: so moved. ~ development. As with the first this sup meets the G coMn~ISro E,4CLETON: second. 7 approval teria for an SUP. The proposed bank has 7 CGMMISSION s~ro~; we bane a motiaa by S adequate landscaping and setback. The location of the Mr. Thomas and a second by Mr. Eagleton. Any discussion? 9 dive-through will be located at the rear of the 9 If not, please vote. The item passes 7-~. l0 development. And again, that would help to buffer and 1 ~ Next w111 be Item No. ~D, which ~S a 1 ~ SC~e~ fr4l'n ad~a~C~'tlt neighborhoods. ~ 1 ~C1Fi~ Ilse Permit ~ allow dr1v~-thro~gh fac;llt~es 12 The thud SUP 1s ~~-~~~8. Tlns is to I Z associated w~tb a bank, 13 allow adrive-through facility associated with a fueling I ~ GQMMI.SXOI Tx~ol~~r: I move approval. 14 station. That fueling station is located here along I4 coM~ISSI~N~ s~oE: I have a motion by 15 Teasley. Arid like the previous ~'s, it meets the I~ Dr, Thibodeaux. 16 approval criteria. ~t also has landscaping and setback I G coM~ISSIaN~ w~Txtrr: second, 17 ~requixeents that will help make it ompa~.ble with the I7 CAMMISIONEI: ;rroE; second by Mr. 1 ~ su~ourxdirtg neighborhood. I S Watkins. Any discussion? Please, vote. Item passes "~-0. 19 And the fourth and last SUP request is 19 Next will be Item No. Specific Use ~0 ~~~-0009. This SUP is to allow adrive-through facility ~D Permit allow for adrive-through facility associated ~l associated with a second bank on the develop~t site. 2I with a fueling station. Dv we have a motion`? And that location is right Here. Acrd as with the f art 22 ~or~n~sYOr~E~ i,~x.E: so move. ~3 bank, it also has adequate landscaping and setback and 23 (~MMISSION~R sTNO~: nr, Lyke, Do we also the drive-through facilities are located to the ~ 24 have a second? ~ of the bank thereby redu~cirr the ipact and increasing the 2~ GOMNR5ION THII)EAUX: second. . P~.A11~11IN & ~ON1, ~~~~IB~R ~~~b Page 4 ~ - Page 44 ~`0~11~~ Page 45 Page 47 ~ co~~ss~orr~t sTR~r~~: ar. T~l~odeaux. Any 1 ~ dlscussion? Please, ~rote~ 7-0~ ~ 3 And ~tex~ is Specific Ilse hermit, allov~ a ~ 4 drive-through ar itrs ~~m F, a dni~e-#~rough ~ ~ 5 associated. with a bad. Do we have a motion? ~ ~ CDM~i~IS5I0NEri EAGLETQN: Q IllQV~d. ~ COMM~s5I0NE~i STRANGE: Motion by Mr. 7 8 ~agletou. Do we have a second? S ~ ~'QMMI~I~NER V►~AT~IN: second, ~ 1~ ~ ~ ca~I~t~sslol sTRAxGE: second by Nfr, lU . X ~ Watkins. Ax~y discussion? Please vote. Passes 7-0. I`m I l l~ glad that's over because my arm's tired. okay. I2 I 13 l4 l4 l~ i5 1 l6 17 I7 Ig 18 Ig 19 2D ~I 2l - ~3 ~4 ~ i Page 4~ Page 4$ I 1 ~ ~ 3 ~ 4 ~ 5 ~ ~ ~ 7 ~ S S g 9 l~ 10 I1 ll 1~ l~ 1~ l3 l4 ~4 15 1~ 16 16 I'~ 17 I~ I$ l I9 20 20 2l ~I 22 23 ~3 . 24 ~ i ~:IQur Documentsl0rdinances1461S~b-OO~b.doc r ORDINANCE OF THE CITY ~F DENTDN, TEAS, APPR~'VIN ~ SPECIFIC PERIVIIT T~ ALLOw A RCCERY STORE T~ EMCEED A 1ViA~I ~F 2~,~00 SQUARE FEET ~F CROSS FLOOR AREA AND T~ LL~w A DRI~IE-THROUGH FACILITY ASSOCIATED wITH A PHARMACY ON APPRO~IATELY 11.84 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY CREED ROAD AND TEASLEY LANE AND LECxALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE BARRY MERCHANT SURREY, ABSTRACT NC~IVIBER ~~0, IN THE CITY OF DENTON, DENTON COUNTY, TEAS; SAID TRACT BEING PART OF THE WHEELER RTD~xE PHASE FOUR, LOT 1 BLOCR, BB; PROVIDING FOR A PENALTY IN THE MA~IIVI[J1VI AMOUNT QF 2,~Oa. FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ~~~-~~O} WHEREAS, Regency Ce~iters has applied far a Specific Use Permit to allow a grocery store to exceed a maximum of ~5,~~~ square feet of grQSS Hoar area and to allow a drlve~thraugh fac111ty assoclated with pharmacy: wHERAA, on December d, 2aD~, the Planning and honing Commission concluded ~ public hearing as required by law, and recommended approval of the requested Specific Use Permit; and WHEREAS, the Clty COUncll finds that ~ change ~S consltent wlth the Denton Plan and the Development Code; NOw THEREFORE THE COUNCrL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION The Specific Use Permit Site Plan attached hereto and incorporated herein a Exhibit "A", is hereby approved far the property described in the caption of this ordinance. SECTION Yf any provision of this ordinance ar the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision ~f this ordinance shall, u on p conviction, be fined surrz not exceeding ~,0~0,~~, Each that ~ provision Qf this ordinance ~ violated shall constitute ~ separate aI]d distlrl~t offense. SECTION This ordinance shall become effective fourteen X14} 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. i PAID AND APP~VED this #e day of ~~07. , P~RR~' cN~EIIII~~ NIAY~R ATT~T: JENNIFER ~V`ALTERS, ~IT~Y ETARY BY: APPI~~VED A T LEGAL F~~; ED~UIN ll~, YDE,,.. TT~RNEY _a„,. y. X f ~ Fti,~ i I i 4 T ~ ~ ry~., 1 an❑af~❑❑ as❑Qa❑❑ ~ l~~q~ ❑af~f~❑o❑ ■ ■ ■ I f ~ is ~ ~ ~ ~ tit ~ r ~ i ; ~ i ~ ~ ~ ~ ~r ~ ~ ~ ~ ~ ~ It ~ ~ i~ ai ~ ~ ~i ~ ~ ~ . ~I _ ~ ~ ~ ~ ~ ~ i~ ~ ~ ~#~~r ~i~~l ~ ~ ~ ~ ~ ~~r ~ \ ~ . / 1 I { ~ ~ t r I 1 ~ ~ . s ~ ■ , ~ ~ L + rr ` I ~ ~ ~ ,or Ica ~ .a4.:{._~ s- - - 4 xw~r.~w,ce<w.x~»~~n~-rr•rxaa.,yy... a<.w:xm''i~~ ~~,4.L11 R ~,,,,L, nll ~ n ~ r a..,rv y. i;:. ~rA1 a~-w I~ ~ ~ _ ~ ~ I I I IR ~ I ~ _ Ild T ~ - ~ ~ f I I ~ ; ~ - a . I it ±I T I ~ ; ~ ~a ~ ~ ~'I ~ ~ ~ I ~ ~ ~ F u ~ - w ~ 1 f n' y ~I 4` - . r ~ I eur o~ 3 4,. ~ 4~ 7F ~v f y k ~ w ~ ~ ~ ~ O r ~+r I~ ; ~ ~ / ~s J ~ f If { If 1+ ~ i f h ~ ~ / ~ f +r ~ . r 1 ~ - ~ ~ t 7 ~ ! / ~ y:: n n b: ~ F L 4 ~}f Ym8 ~ i ~ • JYI +lf~ ~ ~ ~n 'yT~ ~ - ter. ~ f - ~ + j~ S/ 1 Ir ~ I ~ ~ ` 7f r ~ y 1 `I I F` ~ ~ .w ~~"a r, i, ~fF' IL"F . '`1 ~ Y+~ ,M iYY':.-..a~a-::.n. 1r~ F ~ ~ ~ II 1, ~ ~I ~ ~ * ; ~ ~ - ' I ~ ~ ~ ~ ;a~\~ ~ ~I'i I~f l II I ~ ~ t' IE1t , ~S f~ ~ ~ III ~ ~ • ~ ! ~ ~ r~ ~ \',I ~ k~f yyypppggqrrr~ ,~i+ I f ~ ~1 ~ ~ ~ 1' ~J ~I ~1 ~ ~ fl ~ h ~ S ~ Y. ~F ~':{:i,.;Y~.:W d. fir' ~~~rno ~ ~ ~~°T ~~r ~k: ~ 9 I ~ ~n c ! ~ a~ 4is t ~ t~~ ''=,~':wK,ro~r .•i 1P I~i~~Ai C~. ~ f ~i ~ ~ ~xi I I C ~,HI ' l~h~-3~ ~'v L n - ~ y~° g : i :YY~ i' _ ~ _ _ ¢ t T ~ ~ I - ' a . ~ ~ Tom;' i~l? j~ "s T - / - • ~ a _ 5, 1 ~.~w p JrA R~ 'M3 t ~ ~ r :k 1111 l R ~ ~ ~ ~ ~ ~ ■ ~ ~ ~ ■ i AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8230 SUBJECT - 506-0007 (Hickory and Teasley) Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow adrive-through facility associated with a bank. The site is part of a proposed retail center development known as Hickory Creek Plaza. The proposed retail center development is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane. The development is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. BACKGROUND Applicant: Regency Centers Dallas, TX The Denton Development Code allows for drive-through facilities with an SUP in the NRMU zoning district. The applicant isproposing adrive-through facility associated with a bank. This SUP was submitted in conjunction with a rezoning request, an Alternative Development Plan and three other SUP requests. The following requests are summarized in the table below. Request Purpose Parcel Z06-0023 Rezone approximately 0.84 acres from Planned Development District Lot 3 (PD-176) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose for the rezoning request is to combine the entire 17.89-acre parcel into one contiguous zoning district. ADP06-0013 Deviate from site design standards of Subchapters 13 and 14 Lots 1, concerning number of parking spaces, orientation of building, pad site 2, and 3 location, interior planting islands, and maximum setback for two rows o par ing. 506-0006 Allow a grocery store to exceed a maximum of 25,000 square feet of Lot 1 gross floor area and to allow adrive-through facility associated with a pharmacy. 506-0007 Allow adrive-through facility associated with a bank. Lot 5 506-0008 Allow adrive-through facility associated with a fueling station. Lot 6 506-0009 Allow adrive-through facility associated with a bank. Lot 4 On August 28, 2006, the applicant held a neighborhood meeting at the South Branch Library regarding the proposed retail center development. The main concerns from the property owners were lighting, landscaping, dust control, site elevation and the location of the retail building. The applicant responded by sending the property owners a written response (See Exhibit 7). Public notification information is provided in Exhibit 5. As of this writing, staff has received eight responses from property owners within 200 feet of the subject site. Three are in opposition, four are in favor, and one is neutral. PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this SUP request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Notification Map 6. Site Plan 7. Applicant's Response to Neighborhood Concerns 8. December 6, 2006 Planning and Zoning Commission Minutes 9. Ordinance Respectfully submitted: _ _ Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: S06-0007 DATE TO BE CONSIDERED: January 9, 2007 LOCATION: The property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane (Parcel 5 of the proposed retail center development). APPLICANT/ Regency Centers OWNER: 8140 Walnut Hill #400 Dallas, TX 75231 REQUEST: A Specific Use Permit to allow adrive-through facility associated with a bank. STAFF RECOMMENDATION: The Development Review Committee recommends approval of the Specific Use Permit. ZONING Neighborhood Residential Mixed Use (NRMU) zoning district. The DISTRICT: purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. COMPREHENSIVE PLAN The subject site is located within a Neighborhood Center DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Planned Development (PD) -undeveloped vacant land South: Neighborhood Residential 4 (NR-4) - existing residential neighborhood West: Neighborhood Residential 6 (NR-6) -undeveloped vacant land East: Neighborhood Residential Mixed Use 12 (NRMU-12) - undeveloped vacant land BACKGROUND INFORMATION: Subsection 35.5.2.2 of the Denton Development Code requires an SUP for drive- through facilities within a NRMU zoning district. The proposed retail center development is proposing two banks. Each bank is requesting an SUP to allow a drive-through facility. Although the retail center development site is un-platted, the SUP associated with (S06-0007) is labeled parcel 5 of the proposed Hickory Creek Plaza. ANALYSIS: The proposed project is within the Neighborhood Mixed-Use Activity Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains 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 and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed retail center is consistent with the comprehensive plan designation and will serve both the immediate neighborhoods and the region. The proposed drive-through facility associated with a bank will be located on an interior lot along Teasley Lane. Required landscaping and setbacks along Teasley Lane will help screen and ensure compatibility with the neighborhood. The drive- throughwindows will be located at the rear of the building (See Exhibit 6). DEPARTMENT AND AGENCY REVIEW: All Development Review Committee comments have been addressed regarding this SUP request. FINDINGS: Pursuant to subsection 35.6.4.6. a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The proposed SUP would not be injurious to the neighborhood. The applicant will provide all required buffering, screening, and setbacks to ensure compatibility with the neighborhood as prescribed in the Denton Development Code. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The establishment of the retail center would not significantly impede the normal and orderly development of the surrounding vacant land. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed ingress and egress from Hickory Creek Road and Teasley Lane will provide adequate access to the site. Other supporting facilities have been approved through the development reviewprocess. 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; The proposed ingress and egress from Hickory Creek Road and Teasley Lane is designed to provide safe and convenient movement of vehicular and pedestrian traffic without negatively impacting the surrounding neighborhoods. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The majority of the offensive odor, fumes, dust, noise and vibration would be created during construction. The applicant will provide all required buffering, screening, and setbacks to ensure minimal nuisance to the neighborhood as prescribed in the Denton Development Code. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting will comply with the development standards addressed in the Denton Development Code. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed site will meet all landscaping and tree preservation regulations under Subchapters 13 in the Denton Development Code. The applicant proposes to provide 22% landscape area associated with Parcel 5 as shown in Exhibit 6 (20% is required). Street trees and landscape areas along Teasley Lane will screen the development from adjacent properties. RECOMMENDATION: Based on the findings listed above, the Development Review Committee recommends approval of the SUP request. EXHIBIT 2 Location Map _ ~ 5 ~ I F 1 7 I it I ?I i 1~■ y` 1~ ~T EXHIBIT 3 Zoning Map f f, { r r r - F ~ 1~ EXHIBIT 4 Future Land Use Map i, o ~w xoa aoo EXHIBIT 5 Notification Map I ~ ~ t I~ 'f F + ~ y ~i I ~e '~I 'I ~ ~ I - ' + / ~ If. ~ ~ I r~ ~ I I ■ ~ it 1 I ~ _ ~I I~ i A ~ ~ 4 ~ f I lil 1 1 $ 4 _ I~~ ~ A t I I s }7r a 5 ~ ~r - ~ I ii i } i I I I I ~ ~ M1 IL- ~ ~ ~ - ti i _ 1 ~ r ~ ~ ~ ~ I - i- 11 r- G ..0 r. - r . ~ ~ , :'4 I It _ } I ~ 1 h II I~ ~ { ~Fl r _ - ~ I LII ~ I k - r :w. ...F.. s . i I I r ~I I 5 ~ ~ ~ _ y I F I L I 1 I ~ .Ff ~ ~ I 7 L I 5 I' I ~ I I I i , 1 ~I I. I 5 5'I ~I~ ~ J f ' ~ I ~ 5 II I I ~ { 91 Public Notification Date: 11/22/06 200' Legal Notices sent via Certified Mail: 38 500' Notices sent via Regular Mail: 38 Number of responses to 200' Legal Notice ~ ~ In Opposition: 3 ■ In Favor: 4 ■ Neutral: 1 Exhibit 6 ❑ ❑ o ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ o ❑ ~Q a ® m~ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ~A t ~ a ~ `3 x W w o N U S~'3~~'3~ ~~~`3~~~ 11~ ~ ~ ~ i I~ 3~s~ ~ i~ ° o O N W ~ ~ d ~ ~ ~ ~ •30 .LN~1td0'I~A~Q ~ ~ z K I ( ~ e ~ ~ , ~ N o ° s O ~ ~ t4 W ~ ~ a C. a I U- ~ U. 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C 0 ~ ~ J m Ill m ~'II~I' , ~ Igl I I I I I I ~ ~ ~ ~ I, I ~ ~ 71 ~,i;~~ f ~ m1 I ~ III I I I ~ a ~(~~~m~~~~~ ~ ~ ~ ~ ~ ~ I ~ ,~I t\ o~® -i i ~ I ~I i I I s~~ y, , _ - ~ _ I . ' ~ _T _ ~ { J 4 v I~ t 1 1 I Q ti I I ~ I I ~ I I i I I I 4 ~I ~Ir ~ J. O o ~ ~ ~ l ~I ~ ~ ~ I F ' ~ ~ ~ , ® ~ ~m - 3NVl3dldu9Z ~ ~ q ~t I ~ ~ I ` d I ~ ' ~ a r - r~~-~ I I ~ ~ a ~ ~ s ~ i= ~ ~ ~ I ~ a3 $ m 3 0 , I _ r axis - . . ___LLL % ~ I t - _ - - i i ~ i - _ . _ _ ` s Hai YM .y X3 ~ ~ k ~ - - - _ o vi - dJVM „8X3 ~f~li R t3 ~ `~dn xH ` k ~a vx~ .,a~ x3 ~ I~ a~ ~~u oez x3 wa ~ ,ti, , ~ _ W ~ - a a ~~{m< a a~ 111~~ m K w. L iv.y .d r. .o Prom: Parks, Dorothy SentR l=riday, September o1, 2ao x:48 I'fVl To: 'wafcefie~d3D~verizon.ne#'; 'ga2ryc~veri~an.net'; 'rargaretntho~nas~veri~an.net' Cc: 'larian.folrr~er kroger.com' subject: bite at Hickory Creels 8~ Teasley . Attac~me~nts: 240~D9D~ 173~4.pdf f want to thank all of the neighbors far attending the meeting an lVlonday. As stated we want #o . work with you all and be a gaol neighbor to your neighborhood. . dome of the questions that carne up at the meeting were the following: • Lights - As discussed we will lower our poles that are near the neighborhood to In addition we will use shields to r~inirr~i~e or elirr~inate the bleed" of light aver the screenwall. • Landscaping - fur landscape architect is currently out of town but we will look to see if there is roam for additional landscaping vn the south side of the screenwaff. ~ Dust Control - As discussed we will have a water truck on site to help with dust while we are grading the site. • i#e elevation - l have spoken with our civil engineer and we are stir ~n the preliminary stages of engineering however we have discussed the neighborhoods desire to keep the site a high as possible adjacent to the neighbors and will take that into consideration as we design the site. • Location of the retail building - I Dave attached our landscape plan a it exists today. V1le are still preliminary and it i subject to City approval. At Carr~s request l have scaled it off and shaven dimensions on the site. Please let me Arnow if there are any other issues. we are working hard to rake this project work for the con~m un it}r. . f will send a follow up on the issues stiff outstanding once z have obtained the answers. Also, lillr. Wakefield I tried to return your cal! but a fax rnachine picked up - I would be happy to . call you if you can give me your number again. 2~~fiD~g1~.~"~94 5.pdf ~~~t I~B} Thanks# Dorothy Raven Parks Regency Centers 840 walnut Hill Lane, quite 4a~ f]aflas, Texas 7~~1 ~ 14,7D~-~a X14-GG-5~~ fax ~onnseIt~ ~~ge ~ Page 3~ l liability they canrt come on nur property to set that 1 ~ have faun other items dated ~ this 2 fence and it is gong to be the one-foot dad hieh ~ property, public. hear'g items number ~C, D, E and F' are 3 like i say, the property owners, it puts us in kind of an 3 ah. far speck use permits. we will have one 4 unaCeeptable situation. 4 prntation that wiIl cover all of tl items and have 5 CQIVINIISSZGNER STRANGE: Okay. All right. 5 comments and thin we will vote on dour items ~ MR. HAUFTMANI~: d we just wanted to bring G separately. You may make your presentation. 7 that before you as a cause of concern. 7 rte: ~~xo~TA: Thank youx Mr. Chairman, S C~MNtS10N~R STRANGE: Gkay. Apprec%ate S meanbers of the Commissioa. 1 will start with 5~6-~~0~, 9 it. 'phe other card l have would be from Garry Chandler. 9 which .is to a grocery stare to exceed a maximum of ~5,~~~ l~ h+IR. CI~AWDLER: Gaud evening. ~ name is 1D square feet of gross Hoar and to a1law~a 1 ~ ~ Chandler. I live at 3101 ocean Drive. ~'m Nor, 11 ~ drive-through facility associated with a pharmacy. The l2 Hauptniann's neighbor on the west side. And I he's ~2 project site is located an the southeast corner of hickory 1 basically touched o~n what our main eooeern is. fnitially 13 Crrek and Teasley Land and is within a Neighborhood l4 when ~ received my certified letter in a fit of peak, I 14 Residential Mixed Use coning district. . 1 ~ said I was opposed to the project because of the fact that 1 ~ The applicant xs going to be providing 16 ~ hadn't received the informattan I was try'ing to get from 16 dscaping as well as ~elevatian enhancement for the 17 the developer. And then after a phone call, things have 17 purpose of helping mitigate the sue. The Code for 1 S you know, first of all, they've been very fortht iht, 1 ~ ubchapt~r ~ S.G.4.~ set t~ approval criteria for a 19 aaad they've been very open to our suggestions. But were 19 pecirie Use Permit and the proposed increase in tiie kind of concerned about the brick wall and ~ one foot ZO squ~e footage as well as the drive through meets those ~l setback which is going to date an area of no ~nan~s land. ~l criteria, Let me go through briefly what thane are. 22 Everything is going tta grow up through there. And this 22 The spec~ic use will be compatible with 23 might not be the right forum but we did want tQ put it on and not injurious to the use and enjoyment of other ~4 record. we appreciate your time. property nor significantly dinunish ox impair properly 2~ I~OMMISS~ONER STRANGE: Thank you. Is there ~5 values within nnmediate vicinity. The proposed str~ p~ 3 g Page ~0 1 anyone else that would like to speak? I have no 1 would not be injurious to the neighborhood. And the 2 cards. Anyone else who wishes to speak an the issue? ff 2 applicant witi provide all required buffering, screening, 3 not yam, 3 and setbacks to ensure compatibility with the neighborhood 4 . ~utt,r~R: t had one thing 1 just wanted 4 as prescribed in the ]]e~iton velapment Cade. to discuss, S Number 2, #hat the establishment of dace G coMn~ss~ort STRANGE: ~iye us your name 6 specific use wip not impede narnial and orderly 7 and address, please. ~ 7 dev~lopn~nt and improvement of surrounding vacant mot. ~tnt.rR: ivty name is Martin Miller, 8 property. The ehsstablishmeat of the retail center would 9 with Regent' Centers ~ we are national and we have had 9 not significantly impede the naz~nal and orderly 1 ~ discussion with the h~neowners. ~Ve have had a meting 1 ~ development of the suiTOUnding vacant land. 11 with we have discussed in the past couple of days with 11 Three, that adequate utillities, access 1~ Mr, Chandler and we have been addressing some of l~ roads, drainage and other necessary supporting facilities 13 concerns chat were talked about and we will continue to do 13 have been or will be provided The proposed ingress and 14 that during this Ao~ process. we will talk to the and l4 egress from Hickary Creek Road and Teasley Lane will 15 try to salve some of those issues. l5 provide adequate access to the site. ' supporting 1~ CaMN~SSIONER STRANGE: Thank you very ml~ch l6 facilities have been approved tbrcugh the development 17 with na cards, we will now close the public 17 review process. 1 S Do we have a motion on this item? 18 Four, The design, location and arra~agement 19 ~oMn~iss~oN~R Lv: Mnve for approval. 19 of all driveways and parking spaces provides far the safe Zd costox~R STRANGE: we have a moon far ~Q and convenient movement of vehicular and pedestrian ~1 approval by l~Is, Lyke. Igo we have a second? ~1 traffic without adversely affecting general public or 22 ~on~MZSS~aN11R THIBG~EAiT%: second. ~2 adjacent de°velopinents. ' proposed ingress and ems 23 co~M~ss~o STRANGE; we have a second by 23 from Hickory Creek Road and Teasley Lane zs designed to 2~ l~r, Thibodeaux, Any fiu~tlier discussion? Having naIle, ~4 provide safe and convenient movement of vehicular and 25 please vote, dote passes 7-U. 2~ pedestrian traffic without negatively impacting the P~.A►NN & DE~MBER ~4~b gage 37 " gage o~s~~'~ Page 4~ ~ Page 43 l surrounding neighborhoods. 1 compatibility with the adjacent neighborhood. with that, 2 Five, that adequate nuisance prevention ~ oRO recommends approval of all four sv~'s. The 3 measures have been or will be taken to prevent or control applicant is here to answer any questions. At this point, 4 offensive odor, fames, dust, noise, arad vibtion. Tl 4 ~ if you have any questions for me, I would be happy to ~ majority of the offensive odor, fumes, dusty noise and ~ entertain them. ~ vibration would be created during constr~tc~an. T.I ~ can~rnnsslaNE~ S'~RANGE: any questior~~s of 7 applicant will provide all required buffering, screening ? staff? Dkay. we'11 now open the public hearing. Is the 8 and setbacks to ensure minimal nuisance to the H applicant here and do they wish to spew? 9 neighborhood. as prescribed in the Denton Development Code. 9 M~.. ~IrI,~~; Chairman, and Coammissioners, I l0 fix, that dineetional lighting will be 10 just want to again introduce I'm Mark Miller with l 1 provided so as not to disturb ar adversely affect 11 RencyCenters and a11aw ourselves to be available for ~l ~ neighboring prope~ies# and lighting will comply with the 1 ~ any questions you. may have on any of these surf s as well 13 development standards addressed in the Denton Development 13 as we have represerYta~ves from Kroger as well if you need l4 Code The applicant is proposing to Tower pales that are 14 to ask any questions: And that's all I wanted to, say . 15 near the residentiaal neighborhood to ~4:-feet. ~ I ~ right now. l ~ addition, shields will be used ~ minimize or eliminate I G ca~►m~ISI~NER STRANGE: any questions of the l7 the bleed of light over the eight fact screen wall. I7 applicant? Dkay, The cards that I had earlier were ~l8 Seven, that there as sufficient landscaping I marked for Items ~ through F. o do you --did you wish l9 and screening to ensure harmony and compatibility with I~ to speak on these items or just simply the zoning?~ 20 adjacent property, The proposed site will meet all 2l~ €~NN: yeah, it was just the . ~1 landscaping and tree preser5tatian regnlabons undex ~t overall fence. ~2 Subchapters 13 in the Denton Development Code. Tl ~Z CoA+INIII~N~R s~"RANC~E; okay. Anyone else ~3 applicant proposes to provide 21 percent landscape area ~3 wish to speak an this item`s Don't guess you have ar~y ~4 assoc~.ted with Parel 1 as shown in Exhibit G ~D rebuttal then? with that, we~l1 close the public hearing. percent is required. Street trees and landscape areas 25 Do we Dave a motion on these items? And what we"re going Page 4~ Page 44 ~ along Teasley Lane will s~~reert the develop~a~ent from 1 to do is we're going to take them individually, Item C, D, 2 adjacent p~opex.es. ~ E and F. So do we have a motion we' lI need four 3 Ob-~~o7, ~ secar~d std request is for an ~ separate motions. Do we have a motion on Item ~o. 5C, 4 siJP to a11ow adrive-through facility associated with a 4 which is the sr.~ four the grocery store? 5 bank. That site location is right here, Lot 5 of the ~ co~vtlsloNE~ Txon~: so moved. ~ development. As with the first this sup meets the G coMn~ISro E,4CLETON: second. 7 approval teria for an SUP. The proposed bank has 7 CGMMISSION s~ro~; we bane a motiaa by S adequate landscaping and setback. The location of the Mr. Thomas and a second by Mr. Eagleton. Any discussion? 9 dive-through will be located at the rear of the 9 If not, please vote. The item passes 7-~. l0 development. And again, that would help to buffer and 1 ~ Next w111 be Item No. ~D, which ~S a 1 ~ SC~e~ fr4l'n ad~a~C~'tlt neighborhoods. ~ 1 ~C1Fi~ Ilse Permit ~ allow dr1v~-thro~gh fac;llt~es 12 The thud SUP 1s ~~-~~~8. Tlns is to I Z associated w~tb a bank, 13 allow adrive-through facility associated with a fueling I ~ GQMMI.SXOI Tx~ol~~r: I move approval. 14 station. That fueling station is located here along I4 coM~ISSI~N~ s~oE: I have a motion by 15 Teasley. Arid like the previous ~'s, it meets the I~ Dr, Thibodeaux. 16 approval criteria. ~t also has landscaping and setback I G coM~ISSIaN~ w~Txtrr: second, 17 ~requixeents that will help make it ompa~.ble with the I7 CAMMISIONEI: ;rroE; second by Mr. 1 ~ su~ourxdirtg neighborhood. I S Watkins. Any discussion? Please, vote. Item passes "~-0. 19 And the fourth and last SUP request is 19 Next will be Item No. Specific Use ~0 ~~~-0009. This SUP is to allow adrive-through facility ~D Permit allow for adrive-through facility associated ~l associated with a second bank on the develop~t site. 2I with a fueling station. Dv we have a motion`? And that location is right Here. Acrd as with the f art 22 ~or~n~sYOr~E~ i,~x.E: so move. ~3 bank, it also has adequate landscaping and setback and 23 (~MMISSION~R sTNO~: nr, Lyke, Do we also the drive-through facilities are located to the ~ 24 have a second? ~ of the bank thereby redu~cirr the ipact and increasing the 2~ GOMNR5ION THII)EAUX: second. . P~.A11~11IN & ~ON1, ~~~~IB~R ~~~b Page 4 ~ - Page 44 ~`0~11~~ Page 45 Page 47 ~ co~~ss~orr~t sTR~r~~: ar. T~l~odeaux. Any 1 ~ dlscussion? Please, ~rote~ 7-0~ ~ 3 And ~tex~ is Specific Ilse hermit, allov~ a ~ 4 drive-through ar itrs ~~m F, a dni~e-#~rough ~ ~ 5 associated. with a bad. Do we have a motion? ~ ~ CDM~i~IS5I0NEri EAGLETQN: Q IllQV~d. ~ COMM~s5I0NE~i STRANGE: Motion by Mr. 7 8 ~agletou. Do we have a second? S ~ ~'QMMI~I~NER V►~AT~IN: second, ~ 1~ ~ ~ ca~I~t~sslol sTRAxGE: second by Nfr, lU . X ~ Watkins. Ax~y discussion? Please vote. Passes 7-0. I`m I l l~ glad that's over because my arm's tired. okay. I2 I 13 l4 l4 l~ i5 1 l6 17 I7 Ig 18 Ig 19 2D ~I 2l - ~3 ~4 ~ i Page 4~ Page 4$ I 1 ~ ~ 3 ~ 4 ~ 5 ~ ~ ~ 7 ~ S S g 9 l~ 10 I1 ll 1~ l~ 1~ l3 l4 ~4 15 1~ 16 16 I'~ 17 I~ I$ l I9 20 20 2l ~I 22 23 ~3 . 24 ~ i s:lpur Doc~mentsl0rdinances1~6150-pU07.doc . ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEA, APPROVING A SPECIFIC USE PERMIT TO ALLOW A DRS-THROUGI~ FACILTI'Y ASSOCIATED WITH A BANS ON APPROXIMATELY 1I.~4 ACMES OF LAND, EN~RALLY LOCATED ON THE SOUTHEAST CORNER OF H~I~ORY CREED ROAD AND TEASLE~ LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER ~a, IN THE CITY OF DENTON, DENTIN COUNTY TEAS; SAS TRACT BEING PART OF THE WHEELER RAGE PHASE FOUR LOT 1, BLOCS BB; PROVIDING FOR A PENALTY IN THE A~IlVIUIVI AMOUNT OF z,~aa.ao FoR VIOLATIONS THEREOF; PROVIDING ~ SEVERA~IL~rY CLAUSE AND AN EFFECTIVE DATE {a~-a0a7} wHER~EAS Re enc Centers has applied far Specific Use Permit to allaw a drive ~ ~ through faCl~lty ass~Clat~d with ~ balll~: ~''1!~~`}y AS ~ an December ~ 2~a~, the Planning and honing Co~nissian concluded a ERE ~ ~ i ublic hearin ~ re aired by law, and recommended approval of tha requested Spec1fic Use p ~ Permit; and wHEREA the Cit Council finds that the change is consistent with the Denton Plan ~ ~ and tll~ De~elapn7~rlt Cade; THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations captained in the preamble afthis ardinance are incorporated herein by reference and faupd to be true. SECTION The Specific Use Permit Site Plan attached hereto and incorporated herein as Exhibit "A", Is hereby approved for the property descnbed ap the caption of this ordinance. SECTION If any provision of this ardinapce or the application thereof to any person or c~rcurristapce ~s held invalid by any court, such invalidity chaff affect the valld~ty of the ravisians or a licatiops, and to this end the provisions of this ardinapce are severable. P PP SECTION 4. Any person violating any provision of this ordinance shall, upon convictiop, be fined a sum pat exceeding ~,~a~.aa, Each day that a provision of tills ordinance is violated shall constitute separate and distinct offense SECTION 5. This ordinance shall became effective fourteen {14} days from the date of its assa e, and the City Secretary is hereby directed to cause the caption of this ordinance to be p ubllshed twice Ill the Dentan Record-Chronicle, a dally newspaper published Ill the City of Dentan, Texas, within ten {I0} days of the date of its passage, i PASSED AND APP~~VED this the ~ day ~f 2~00~. BERRY R. McNEILL,IVIAY~R ATTEST; JENNIFER 'ALTRS, QTY SERETAIY BY: APPR~ED AS TO LEGAL FARM EDWIN 1VI. SNYDE~t, CITY ~'TORNEY ❑ ❑ ~ ~ ❑ ❑ ~ ❑ ❑ ~ ❑ ❑ ❑ ❑ ~i ~I ~ ~ ❑ ❑ ❑ ❑ ❑ ❑ ❑ H w a ~ o S~~Z~~~ ~ r '~J ~ ~ ~ o : o N U ~ u' W ~ ~ a ~ o Sao sN~ao~~naQ d z rr ~ ~ ~ ~ ~ N r..i ~ ~ a x ~ ~ ~ m ~ ~ I ~ '7O1{C, ,}D'{GI' ~ I IgO,,C ~ ~ a g ~ ~ v`u( ¢ ° o ~ ii Iu O ~a w~~N~ (~~.IVV!7 ~r ~ T ~ ~ I14 ~4. 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Q~ i - - _ i 0 1131 UM „8 X3 d~ n Y3 ~ b+1V;~ „K kj 2131Vh1 „8t %3 z `0 ~ 3J1 yM ,.8E X' ~ ~ 1 ?rv ~ ~ w 4 J ? z J - - ~ _ m ~ ~ i ~ ~ w ~ ~ ~N~~ ~ ~ ~ ~ ~ ~ ~ ~d m AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8230 ~ SUBJECT - 506-0008 (Hickory and Teasley) Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow adrive-through facility associated with a fueling station. The site is part of a proposed retail center development known as Hickory Creek Plaza. The proposed retail center development is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane. The development is within the Neighborhood Residential Mixed Use (NRMU) zoning district. BACKGROUND Applicant: Regency Centers Dallas, TX The Denton Development Code allows for drive-through facilities with an SUP in the NRMU zoning district. The applicant is proposing adrive-through facility associated with a fueling station. This SUP was submitted in conjunction with a rezoning request, an Alternative Development Plan and three other SUPS. On August 28, 2006, the applicant held a neighborhood meeting at the South Branch Library regarding the proposed retail center development. The main concerns from the property owners were lighting, landscaping, dust control, site elevation and the location of the retail building. The applicant responded by sending the property owners a written response (See Exhibit 7). Public notification information is provided in Exhibit 5. As of this writing, staff has received eight responses from property owners within 200 feet of the subject site. Three are in opposition, four are in favor, and one is neutral. PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this SUP request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Notification Map 6. Site Plan 7. Applicant's Response to Neighborhood Concerns 8. December 6, 2006 Planning and Zoning Commission Minutes 9. Ordinance Respectfully submitted: S~ Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: S06-0008 DATE TO BE CONSIDERED: January 9, 2007 LOCATION: The property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane (Parcel 6 of the proposed retail center development). APPLICANT/ Regency Centers OWNER: 8140 Walnut Hill #400 Dallas, TX 75231 REQUEST: A Specific Use Permit to allow adrive-through facility associated with a fueling station. STAFF RECOMMENDATION: The Development Review Committee recommends approval of the Specific Use Permit. ZONING Neighborhood Residential Mixed Use (NRMU) zoning district. The DISTRICT: purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. COMPREHENSIVE PLAN The subject site is located within a Neighborhood Center DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Planned Development (PD) -undeveloped vacant land South: Neighborhood Residential 4 (NR-4) - existing residential neighborhood West: Neighborhood Residential 6 (NR-6) -undeveloped vacant land East: Neighborhood Residential Mixed Use 12 (NRMU-12) - undeveloped vacant land BACKGROUND INFORMATION: Subsection 35.5.2.2 of the Denton Development Code requires an SUP for drive- through facilities within a NRMU zoning district. ANALYSIS: The proposed project is within the Neighborhood Mixed-Use Activity Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains 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 and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed retail center is consistent with the comprehensive plan designation and will serve both the immediate neighborhoods and the region. The proposed drive-through facility associated with a fueling station will be located on an interior lot along Teasley Lane. Required landscaping and setbacks along Teasley Lane will help screen and ensure compatibility with the neighborhood. DEPARTMENT AND AGENCY REVIEW: All Development Review Committee comments have been addressed regarding this SUP request. FINDINGS: Pursuant to subsection 35.6.4.6. a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The proposed SUP would not be injurious to the neighborhood. The applicant will provide all required buffering, screening, and setbacks to ensure compatibility with the neighborhood as prescribed in the Denton Development Code. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The establishment of the retail center would not significantly impede the normal and orderly development of the surrounding vacant land. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed ingress and egress from Hickory Creek Road and Teasley Lane will provide adequate access to the site. Other supporting facilities have been approved through the development reviewprocess. 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; The proposed ingress and egress from Hickory Creek Road and Teasley Lane is designed to provide safe and convenient movement of vehicular and pedestrian traffic without negatively impacting the surrounding neighborhoods. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The majority of the offensive odor, fumes, dust, noise and vibration would be created during construction. The applicant will provide all required buffering, screening, and setbacks to ensure minimal nuisance to the neighborhood as prescribed in the Denton Development Code. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting will comply with the development standards addressed in the Denton Development Code. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed site will meet all landscaping and tree preservation regulations under Subchapters 13 in the Denton Development Code. The applicant proposes to provide 20% landscape area associated with Parcel 6 as shown in Exhibit 6 (20% is required). Street trees and landscape areas along Teasley Lane will screen the development from adjacent properties. RECOMMENDATION: Based on the findings listed above, the Development Review Committee recommends approval of the SUP request. EXHIBIT 2 Location Map _ ~ 5 ~ I F 1 7 I it I ?I i 1~■ y` 1~ ~T EXHIBIT 3 Zoning Map f f, { r r r - F ~ 1~ EXHIBIT 4 Future Land Use Map i, o ~w xoa aoo EXHIBIT 5 Notification Map I ~ ~ t I~ 'f F + ~ y ~i I ~e '~I 'I ~ ~ I - ' + / ~ If. ~ ~ I r~ ~ I I ■ ~ it 1 I ~ _ ~I I~ i A ~ ~ 4 ~ f I lil 1 1 $ 4 _ I~~ ~ A t I I s }7r a 5 ~ ~r - ~ I ii i } i I I I I ~ ~ M1 IL- ~ ~ ~ - ti i _ 1 ~ r ~ ~ ~ ~ I - i- 11 r- G ..0 r. - r . ~ ~ , :'4 I It _ } I ~ 1 h II I~ ~ { ~Fl r _ - ~ I LII ~ I k - r :w. ...F.. s . i I I r ~I I 5 ~ ~ ~ _ y I F I L I 1 I ~ .Ff ~ ~ I 7 L I 5 I' I ~ I I I i , 1 ~I I. I 5 5'I ~I~ ~ J f ' ~ I ~ 5 II I I ~ { 91 Public Notification Date: 11/22/06 200' Legal Notices sent via Certified Mail: 38 500' Notices sent via Regular Mail: 38 Number of responses to 200' Legal Notice ~ ~ In Opposition: 3 ■ In Favor: 4 ■ Neutral: 1 Exhibit 6 ~;~~I~;~ ❑❑❑❑❑®a H ®oo®❑o❑ W Q ~y m ~a] ° o S2t~TTsl~~7~~'71T7~T ~~~!7I~~~/j~~J~2I y ~ ~ F~ ~ ~ o . 0 N W~ Wap y i-1 U '.7o W1~L~7 Y 1LdQ LAL 111 V j N ~ ~ I I M W~~ U ~ to N o m `.y [.zc4 T.'~^„~~~ ~ O 1L~~F4'~,ag~z Qa o~p U w y► y~ Iy~ 8 ~ ~~a W~FiHNrn r~.7~T~7T ~~T TAT ~ i~ ~!L Ux. 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L iv.y .d r. .o Prom: Parks, Dorothy SentR l=riday, September o1, 2ao x:48 I'fVl To: 'wafcefie~d3D~verizon.ne#'; 'ga2ryc~veri~an.net'; 'rargaretntho~nas~veri~an.net' Cc: 'larian.folrr~er kroger.com' subject: bite at Hickory Creels 8~ Teasley . Attac~me~nts: 240~D9D~ 173~4.pdf f want to thank all of the neighbors far attending the meeting an lVlonday. As stated we want #o . work with you all and be a gaol neighbor to your neighborhood. . dome of the questions that carne up at the meeting were the following: • Lights - As discussed we will lower our poles that are near the neighborhood to In addition we will use shields to r~inirr~i~e or elirr~inate the bleed" of light aver the screenwall. • Landscaping - fur landscape architect is currently out of town but we will look to see if there is roam for additional landscaping vn the south side of the screenwaff. ~ Dust Control - As discussed we will have a water truck on site to help with dust while we are grading the site. • i#e elevation - l have spoken with our civil engineer and we are stir ~n the preliminary stages of engineering however we have discussed the neighborhoods desire to keep the site a high as possible adjacent to the neighbors and will take that into consideration as we design the site. • Location of the retail building - I Dave attached our landscape plan a it exists today. V1le are still preliminary and it i subject to City approval. At Carr~s request l have scaled it off and shaven dimensions on the site. Please let me Arnow if there are any other issues. we are working hard to rake this project work for the con~m un it}r. . f will send a follow up on the issues stiff outstanding once z have obtained the answers. Also, lillr. Wakefield I tried to return your cal! but a fax rnachine picked up - I would be happy to . call you if you can give me your number again. 2~~fiD~g1~.~"~94 5.pdf ~~~t I~B} Thanks# Dorothy Raven Parks Regency Centers 840 walnut Hill Lane, quite 4a~ f]aflas, Texas 7~~1 ~ 14,7D~-~a X14-GG-5~~ fax ~onnseIt~ ~~ge ~ Page 3~ l liability they canrt come on nur property to set that 1 ~ have faun other items dated ~ this 2 fence and it is gong to be the one-foot dad hieh ~ property, public. hear'g items number ~C, D, E and F' are 3 like i say, the property owners, it puts us in kind of an 3 ah. far speck use permits. we will have one 4 unaCeeptable situation. 4 prntation that wiIl cover all of tl items and have 5 CQIVINIISSZGNER STRANGE: Okay. All right. 5 comments and thin we will vote on dour items ~ MR. HAUFTMANI~: d we just wanted to bring G separately. You may make your presentation. 7 that before you as a cause of concern. 7 rte: ~~xo~TA: Thank youx Mr. Chairman, S C~MNtS10N~R STRANGE: Gkay. Apprec%ate S meanbers of the Commissioa. 1 will start with 5~6-~~0~, 9 it. 'phe other card l have would be from Garry Chandler. 9 which .is to a grocery stare to exceed a maximum of ~5,~~~ l~ h+IR. CI~AWDLER: Gaud evening. ~ name is 1D square feet of gross Hoar and to a1law~a 1 ~ ~ Chandler. I live at 3101 ocean Drive. ~'m Nor, 11 ~ drive-through facility associated with a pharmacy. The l2 Hauptniann's neighbor on the west side. And I he's ~2 project site is located an the southeast corner of hickory 1 basically touched o~n what our main eooeern is. fnitially 13 Crrek and Teasley Land and is within a Neighborhood l4 when ~ received my certified letter in a fit of peak, I 14 Residential Mixed Use coning district. . 1 ~ said I was opposed to the project because of the fact that 1 ~ The applicant xs going to be providing 16 ~ hadn't received the informattan I was try'ing to get from 16 dscaping as well as ~elevatian enhancement for the 17 the developer. And then after a phone call, things have 17 purpose of helping mitigate the sue. The Code for 1 S you know, first of all, they've been very fortht iht, 1 ~ ubchapt~r ~ S.G.4.~ set t~ approval criteria for a 19 aaad they've been very open to our suggestions. But were 19 pecirie Use Permit and the proposed increase in tiie kind of concerned about the brick wall and ~ one foot ZO squ~e footage as well as the drive through meets those ~l setback which is going to date an area of no ~nan~s land. ~l criteria, Let me go through briefly what thane are. 22 Everything is going tta grow up through there. And this 22 The spec~ic use will be compatible with 23 might not be the right forum but we did want tQ put it on and not injurious to the use and enjoyment of other ~4 record. we appreciate your time. property nor significantly dinunish ox impair properly 2~ I~OMMISS~ONER STRANGE: Thank you. Is there ~5 values within nnmediate vicinity. The proposed str~ p~ 3 g Page ~0 1 anyone else that would like to speak? I have no 1 would not be injurious to the neighborhood. And the 2 cards. Anyone else who wishes to speak an the issue? ff 2 applicant witi provide all required buffering, screening, 3 not yam, 3 and setbacks to ensure compatibility with the neighborhood 4 . ~utt,r~R: t had one thing 1 just wanted 4 as prescribed in the ]]e~iton velapment Cade. to discuss, S Number 2, #hat the establishment of dace G coMn~ss~ort STRANGE: ~iye us your name 6 specific use wip not impede narnial and orderly 7 and address, please. ~ 7 dev~lopn~nt and improvement of surrounding vacant mot. ~tnt.rR: ivty name is Martin Miller, 8 property. The ehsstablishmeat of the retail center would 9 with Regent' Centers ~ we are national and we have had 9 not significantly impede the naz~nal and orderly 1 ~ discussion with the h~neowners. ~Ve have had a meting 1 ~ development of the suiTOUnding vacant land. 11 with we have discussed in the past couple of days with 11 Three, that adequate utillities, access 1~ Mr, Chandler and we have been addressing some of l~ roads, drainage and other necessary supporting facilities 13 concerns chat were talked about and we will continue to do 13 have been or will be provided The proposed ingress and 14 that during this Ao~ process. we will talk to the and l4 egress from Hickary Creek Road and Teasley Lane will 15 try to salve some of those issues. l5 provide adequate access to the site. ' supporting 1~ CaMN~SSIONER STRANGE: Thank you very ml~ch l6 facilities have been approved tbrcugh the development 17 with na cards, we will now close the public 17 review process. 1 S Do we have a motion on this item? 18 Four, The design, location and arra~agement 19 ~oMn~iss~oN~R Lv: Mnve for approval. 19 of all driveways and parking spaces provides far the safe Zd costox~R STRANGE: we have a moon far ~Q and convenient movement of vehicular and pedestrian ~1 approval by l~Is, Lyke. Igo we have a second? ~1 traffic without adversely affecting general public or 22 ~on~MZSS~aN11R THIBG~EAiT%: second. ~2 adjacent de°velopinents. ' proposed ingress and ems 23 co~M~ss~o STRANGE; we have a second by 23 from Hickory Creek Road and Teasley Lane zs designed to 2~ l~r, Thibodeaux, Any fiu~tlier discussion? Having naIle, ~4 provide safe and convenient movement of vehicular and 25 please vote, dote passes 7-U. 2~ pedestrian traffic without negatively impacting the P~.A►NN & DE~MBER ~4~b gage 37 " gage o~s~~'~ Page 4~ ~ Page 43 l surrounding neighborhoods. 1 compatibility with the adjacent neighborhood. with that, 2 Five, that adequate nuisance prevention ~ oRO recommends approval of all four sv~'s. The 3 measures have been or will be taken to prevent or control applicant is here to answer any questions. At this point, 4 offensive odor, fames, dust, noise, arad vibtion. Tl 4 ~ if you have any questions for me, I would be happy to ~ majority of the offensive odor, fumes, dusty noise and ~ entertain them. ~ vibration would be created during constr~tc~an. T.I ~ can~rnnsslaNE~ S'~RANGE: any questior~~s of 7 applicant will provide all required buffering, screening ? staff? Dkay. we'11 now open the public hearing. Is the 8 and setbacks to ensure minimal nuisance to the H applicant here and do they wish to spew? 9 neighborhood. as prescribed in the Denton Development Code. 9 M~.. ~IrI,~~; Chairman, and Coammissioners, I l0 fix, that dineetional lighting will be 10 just want to again introduce I'm Mark Miller with l 1 provided so as not to disturb ar adversely affect 11 RencyCenters and a11aw ourselves to be available for ~l ~ neighboring prope~ies# and lighting will comply with the 1 ~ any questions you. may have on any of these surf s as well 13 development standards addressed in the Denton Development 13 as we have represerYta~ves from Kroger as well if you need l4 Code The applicant is proposing to Tower pales that are 14 to ask any questions: And that's all I wanted to, say . 15 near the residentiaal neighborhood to ~4:-feet. ~ I ~ right now. l ~ addition, shields will be used ~ minimize or eliminate I G ca~►m~ISI~NER STRANGE: any questions of the l7 the bleed of light over the eight fact screen wall. I7 applicant? Dkay, The cards that I had earlier were ~l8 Seven, that there as sufficient landscaping I marked for Items ~ through F. o do you --did you wish l9 and screening to ensure harmony and compatibility with I~ to speak on these items or just simply the zoning?~ 20 adjacent property, The proposed site will meet all 2l~ €~NN: yeah, it was just the . ~1 landscaping and tree preser5tatian regnlabons undex ~t overall fence. ~2 Subchapters 13 in the Denton Development Code. Tl ~Z CoA+INIII~N~R s~"RANC~E; okay. Anyone else ~3 applicant proposes to provide 21 percent landscape area ~3 wish to speak an this item`s Don't guess you have ar~y ~4 assoc~.ted with Parel 1 as shown in Exhibit G ~D rebuttal then? with that, we~l1 close the public hearing. percent is required. Street trees and landscape areas 25 Do we Dave a motion on these items? And what we"re going Page 4~ Page 44 ~ along Teasley Lane will s~~reert the develop~a~ent from 1 to do is we're going to take them individually, Item C, D, 2 adjacent p~opex.es. ~ E and F. So do we have a motion we' lI need four 3 Ob-~~o7, ~ secar~d std request is for an ~ separate motions. Do we have a motion on Item ~o. 5C, 4 siJP to a11ow adrive-through facility associated with a 4 which is the sr.~ four the grocery store? 5 bank. That site location is right here, Lot 5 of the ~ co~vtlsloNE~ Txon~: so moved. ~ development. As with the first this sup meets the G coMn~ISro E,4CLETON: second. 7 approval teria for an SUP. The proposed bank has 7 CGMMISSION s~ro~; we bane a motiaa by S adequate landscaping and setback. The location of the Mr. Thomas and a second by Mr. Eagleton. Any discussion? 9 dive-through will be located at the rear of the 9 If not, please vote. The item passes 7-~. l0 development. And again, that would help to buffer and 1 ~ Next w111 be Item No. ~D, which ~S a 1 ~ SC~e~ fr4l'n ad~a~C~'tlt neighborhoods. ~ 1 ~C1Fi~ Ilse Permit ~ allow dr1v~-thro~gh fac;llt~es 12 The thud SUP 1s ~~-~~~8. Tlns is to I Z associated w~tb a bank, 13 allow adrive-through facility associated with a fueling I ~ GQMMI.SXOI Tx~ol~~r: I move approval. 14 station. That fueling station is located here along I4 coM~ISSI~N~ s~oE: I have a motion by 15 Teasley. Arid like the previous ~'s, it meets the I~ Dr, Thibodeaux. 16 approval criteria. ~t also has landscaping and setback I G coM~ISSIaN~ w~Txtrr: second, 17 ~requixeents that will help make it ompa~.ble with the I7 CAMMISIONEI: ;rroE; second by Mr. 1 ~ su~ourxdirtg neighborhood. I S Watkins. Any discussion? Please, vote. Item passes "~-0. 19 And the fourth and last SUP request is 19 Next will be Item No. Specific Use ~0 ~~~-0009. This SUP is to allow adrive-through facility ~D Permit allow for adrive-through facility associated ~l associated with a second bank on the develop~t site. 2I with a fueling station. Dv we have a motion`? And that location is right Here. Acrd as with the f art 22 ~or~n~sYOr~E~ i,~x.E: so move. ~3 bank, it also has adequate landscaping and setback and 23 (~MMISSION~R sTNO~: nr, Lyke, Do we also the drive-through facilities are located to the ~ 24 have a second? ~ of the bank thereby redu~cirr the ipact and increasing the 2~ GOMNR5ION THII)EAUX: second. . P~.A11~11IN & ~ON1, ~~~~IB~R ~~~b Page 4 ~ - Page 44 ~`0~11~~ Page 45 Page 47 ~ co~~ss~orr~t sTR~r~~: ar. T~l~odeaux. Any 1 ~ dlscussion? Please, ~rote~ 7-0~ ~ 3 And ~tex~ is Specific Ilse hermit, allov~ a ~ 4 drive-through ar itrs ~~m F, a dni~e-#~rough ~ ~ 5 associated. with a bad. Do we have a motion? ~ ~ CDM~i~IS5I0NEri EAGLETQN: Q IllQV~d. ~ COMM~s5I0NE~i STRANGE: Motion by Mr. 7 8 ~agletou. Do we have a second? S ~ ~'QMMI~I~NER V►~AT~IN: second, ~ 1~ ~ ~ ca~I~t~sslol sTRAxGE: second by Nfr, lU . X ~ Watkins. Ax~y discussion? Please vote. Passes 7-0. I`m I l l~ glad that's over because my arm's tired. okay. I2 I 13 l4 l4 l~ i5 1 l6 17 I7 Ig 18 Ig 19 2D ~I 2l - ~3 ~4 ~ i Page 4~ Page 4$ I 1 ~ ~ 3 ~ 4 ~ 5 ~ ~ ~ 7 ~ S S g 9 l~ 10 I1 ll 1~ l~ 1~ l3 l4 ~4 15 1~ 16 16 I'~ 17 I~ I$ l I9 20 20 2l ~I 22 23 ~3 . 24 ~ i ~:IOur Documefltsl~rdinances1061Q6-UUOS.dac ~RDINANE N~. AN DRDINANE DF THE CITY OF DENTDN, TEA, APPR~~II~G A PECIFI USE P~R11~IT T~ ALL~w A DR.I~E-THI~~UH FACILITY ASSOCIATED wITH A FUELING STATION ON APPI~O~IATELY 11.84 ACRES OF LAND, GENERALLY LOCATED N THE O~JTHET CORNER OF HICI~OI~Y CREEK ROAD AND TEASLEY LANE AND LEGALLY DESCRIBED AS A T1~ACT OF LAND SITUATED n~I THE DA~RRY MERCHANT U~VEY, ABSTRACT NUMBER ~~0, IN THE CITY F DENTON, D~NTN COUNTY, TE.A; SAID TRACT BEING PART OF THE wHEELEI~ RIDE PHASE FOUR, LOT 1~, BLOCK BB; PRO~TIDINC FOR A PENALTY IN THE AT1V1Ull~ AlVIOUNT OF ~,~aa.~a FDR VIOLATION THEREOF; PRO~TIDINO A E~ERABILITY CLAUSE AND AN EFFECTS DATE. ~5~~~~O~S} wHEREA~, regency Centers has applied far a Specific Ilse Permit to allow a drive- through faclllty assoCiat~d wlth a fueling statlan: w~EREAS, an December 2~aG, the Planning and honing ommissian concluded a public hearing as required by lavw, and reco~nrriended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan ar~d the Develaprnent fade; New THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ETIDN 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Specific Use Permit bite Plan attached hereto and incorporated herein as Exhibit "A", is hereby approved for the property described in the caption of this ordinance. EOTION If any provision of this ordinance ar the application thereof to any person or circurrzstance is held invalid any court, such invalidity shall affect the validity of the provisions or applications, and to this end the pro~isians of this ordinance ~ severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 2,a~a,~0. Each that ~ provision ofthis ardlnance 1s violated shall canstlt~ute a separate and distinct affense~ SECTION 5 ~ This ordinance shall be~oine effective fourteen ~I4} 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 { ~ a~ days of the date Of Its passage, PAS QED AND APPRD~ED this tie day of , 2~~7. ~El~ R~ c~EILL, MAYOR ATTEST: JENI~IIFE~ SALTERS, CITY SECRETARY BY: APPROVED AS T~ LEAL F~I~M: EDVL~IlV . SNYDER,_ IT.,ATTORNEY r" y-~~~' lf~l ~I i ~ ~ ~ ~ S.l~''3~ A~hI~ Jai ~ T ~ ~ 'I ~ I ~ n 1.y !/~I/~! s L v! ~ {~4J1L41L.~hi ~ ~ i ~ ty K 5~4 ! LL ~anad❑❑ a❑aaaa❑ ~ I ❑❑❑a❑❑a ■ ■ ■ ■ N y I I ~~i ~ ~ : ~ ~ ~ i ~ ~ ~ ~ - ~ ~ ~ = f ~ 1~~ ~ ~ A i rr i _ ~ f~ ~ # i~ ~ ~ ti 4 . yx;yN;'ac; auMa:~xvwF~:mu,:u:-ax:;x::.~~; ry; °i^~~~~;"r:^o~: 1~ ~ ~ I I I iII / ii I i k' ~ S I , 1 ~ ~ I I ~ ~ _ _ - ~ I ~ <n.s err ~ ~ ~ I f~ ~ t { ~ ' ~ ~ o I ~ ~ I I ~ , ~ a ~ I ~1 ki ~ ~ i I ~ ,r.... ~1 I I ~ 4' f :..r 'doar , . * .'*ve . .--qj Y'r r 'A''y I ~ 1 1 ~'/J]J' r 'y" ~ ~ T a I ~ A v ~ t~ I ° } ~ / ~ / ~ / ~ ~I ISr i I ~ j ' ~ Y 1 'j I<- ~ ' 1• i1 - r J y 1 ~yyn~gA ~ ~~ll ~ I II~~ ~ . { ~ _ nhri~ 1 t 1 1!I ` ff ~ , _ s ~ ~ ~ ~~1{ 111 ~ ........~,,....~;~p.w..;~.:.. r:... ~ l } 1 ` R ~ YY1~:h \ ~ ' ~ 7~ • G S 'y~4:Fx11.NFn'~i1Md~rh~'x'.`Y'Y: I ~ ~I. ~r : 1 ~ - ~''krna.~l: ~ t' ° R ~ ~z ~ A~ ~ + I I ~ ~ •`*a~ l ~ '~ligii'.:n°df ~3~4~.Id d : . I 1' I _ t i ` H ~ - - - L~ _ ~y ~ ....r _ _ '-.1 ~ ~ - - W _ i - - - _ - _ 444 ' g Tt y.. ~ l,\ '1 x ern - ~ ~ \ .k i1Fh' _PI 'a3 s ~ ~ \ r1 'a ~ ~ R_ ~ - LL`s ~ r ~ 4 ~ ~ ~ i AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8230 ~ SUBJECT - 506-0009 (Hickory and Teasley) Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow adrive-through facility associated with a bank. The site is a part of a proposed retail center development known as Hickory Creek Plaza. The proposed retail center development is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane. The development is within the Neighborhood Residential Mixed Use (NRMU) zoning district. BACKGROUND Applicant: Regency Centers Dallas, TX The Denton Development Code allows for drive-through facilities with an SUP in the NRMU zoning district. The applicant isproposing adrive-through facility associated with a bank. This SUP was submitted in conjunction with a rezoning request, an Alternative Development Plan and three other SUP requests. The following requests are summarized in the table below. Request Purpose Parcel Z06-0023 Rezone approximately 0.84 acres from Planned Development District Lot 3 (PD-176) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose for the rezoning request is to combine the entire 17.89-acre parcel into one contiguous zoning district. ADP06-0013 Deviate from site design standards of Subchapters 13 and 14 Lots 1, concerning number of parking spaces, orientation of building, pad site 2, and 3 location, interior planting islands, and maximum setback for two rows o par ing. 506-0006 Allow a grocery store to exceed a maximum of 25,000 square feet of Lot 1 gross floor area and to allow adrive-through facility associated with a pharmacy. 506-0007 Allow adrive-through facility associated with a bank. Lot 5 506-0008 Allow adrive-through facility associated with a fueling station. Lot 6 506-0009 Allow adrive-through facility associated with a bank. Lot 4 On August 28, 2006, the applicant held a neighborhood meeting at the South Branch Library regarding the proposed retail center development. The main concerns from the property owners were lighting, landscaping, dust control, site elevation and the location of the retail building. The applicant responded by sending the property owners a written response (See Exhibit 7). Public notification information is provided in Exhibit 5. As of this writing, staff has received eight responses from property owners within 200 feet of the subject site. Three are in opposition, four are in favor, and one is neutral. PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this SUP request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Notification Map 6. Site Plan 7. Applicant's Response to Neighborhood Concerns 8. December 6, 2006 Planning and Zoning Commission Minutes 9. Ordinance Respectfully submitted: S~ Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: S06-0009 DATE TO BE CONSIDERED: January 9, 2007 LOCATION: The property is located on the southeast corner of the future alignment of Hickory Creek Road and Teasley Lane (Parcel 4 of the proposed retail center development). APPLICANT/ Regency Centers OWNER: 8140 Walnut Hill #400 Dallas, TX 75231 REQUEST: A Specific Use Permit to allow adrive-through facility associated with a bank. STAFF RECOMMENDATION: The Development Review Committee recommends approval of the Specific Use Permit. ZONING Neighborhood Residential Mixed Use (NRMU) zoning district. The DISTRICT: purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. COMPREHENSIVE PLAN The subject site is located within a Neighborhood Center DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Planned Development (PD) -undeveloped vacant land South: Neighborhood Residential 4 (NR-4) - existing residential neighborhood West: Neighborhood Residential 6 (NR-6) -undeveloped vacant land East: Neighborhood Residential Mixed Use 12 (NRMU-12) - undeveloped vacant land BACKGROUND INFORMATION: Subsection 35.5.2.2 of the Denton Development Code requires an SUP for drive- through facilities within a NRMU zoning district. The proposed retail center development is proposing two banks on parcels 4 and 5 of the proposed Hickory Creek Plaza. Each bank is requesting an SUP to allow adrive-through facility. Although the retail center development site is un-platted, once subdivided the plat will consist of six lots. ANALYSIS: The proposed project is within the Neighborhood Mixed-Use Activity Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains 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 and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed retail center is consistent with the comprehensive plan designation and will serve both the immediate neighborhoods and the region. The proposed drive-through facility associated with a bank will be located on an interior lot along Teasley Lane. Required landscaping and setbacks along Teasley Lane will help screen and ensure compatibility with the neighborhood. The drive- throughwindows will be located at the rear of the building (See Exhibit 6). DEPARTMENT AND AGENCY REVIEW: All Development Review Committee comments have been addressed regarding this SUP request. FINDINGS: Pursuant to subsection 35.6.4.6. a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The proposed SUP would not be injurious to the neighborhood. The applicant will provide all required buffering, screening, and setbacks to ensure compatibility with the neighborhood as prescribed in the Denton Development Code. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The establishment of the retail center would not significantly impede the normal and orderly development of the surrounding vacant land. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed ingress and egress from Hickory Creek Road and Teasley Lane will provide adequate access to the site. Other supporting facilities have been approved through the development reviewprocess. 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; The proposed ingress and egress from Hickory Creek Road and Teasley Lane is designed to provide safe and convenient movement of vehicular and pedestrian traffic without negatively impacting the surrounding neighborhoods. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The majority of the offensive odor, fumes, dust, noise and vibration would be created during construction. The applicant will provide all required buffering, screening, and setbacks to ensure minimal nuisance to the neighborhood as prescribed in the Denton Development Code. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting will comply with the development standards addressed in the Denton Development Code. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed site will meet all landscaping and tree preservation regulations under Subchapters 13 in the Denton Development Code. The applicant proposes to provide 28% landscape area associated with Parcel 4 as shown in Exhibit 6 (20% is required). Street trees and landscape areas along Teasley Lane will screen the development from adjacent properties. RECOMMENDATION: Based on the findings listed above, the Development Review Committee recommends approval of the SUP request. EXHIBIT 2 Location Map _ ~ 5 ~ I F 1 7 I it I ?I i 1~■ y` 1~ ~T EXHIBIT 3 Zoning Map f f, { r r r - F ~ 1~ EXHIBIT 4 Future Land Use Map i, o ~w xoa aoo EXHIBIT 5 Notification Map I ~ ~ t I~ 'f F + ~ y ~i I ~e '~I 'I ~ ~ I - ' + / ~ If. ~ ~ I r~ ~ I I ■ ~ it 1 I ~ _ ~I I~ i A ~ ~ 4 ~ f I lil 1 1 $ 4 _ I~~ ~ A t I I s }7r a 5 ~ ~r - ~ I ii i } i I I I I ~ ~ M1 IL- ~ ~ ~ - ti i _ 1 ~ r ~ ~ ~ ~ I - i- 11 r- G ..0 r. - r . ~ ~ , :'4 I It _ } I ~ 1 h II I~ ~ { ~Fl r _ - ~ I LII ~ I k - r :w. ...F.. s . i I I r ~I I 5 ~ ~ ~ _ y I F I L I 1 I ~ .Ff ~ ~ I 7 L I 5 I' I ~ I I I i , 1 ~I I. 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L VIII I J- ~ I ~ I ~ ~ ' L .q~~ '10 ~ t\ \ ' 1!'ll ,~~~~®IIIII ~-~mly 1.a.'Da I ~ I ~ ~4y,i I i ~ _ 1 h I u v. f ~ ~a o- " rye _J ~ - ~ I ~I ~ ~ ~ a „d y '.i {=m - 3NVl3dldu9Z i ~ t C I to aNV~aaid ~ r` - a ~ u I I - d v' I _ ~ . J ~ ~ - , ~ i d I m m o - - - i ~ - _ _ - , «s - - --r I I l - - - ~ , - i ~ , ,m,ses I - I ,a k_ i o- - - ° Hai YM .y X3 w - - - ~ - - - d'JVM „8X3 ~f~l i' R t3 ~ `~dn ` k ~a vx~ .,a~ x3 ~ I~ a~ ~~u oez x3 wa ~ ,ti, , ~ _ W ~ - a a ~~{m< a a~ 111~~ m K w. L iv.y .d r. .o Prom: Parks, Dorothy SentR l=riday, September o1, 2ao x:48 I'fVl To: 'wafcefie~d3D~verizon.ne#'; 'ga2ryc~veri~an.net'; 'rargaretntho~nas~veri~an.net' Cc: 'larian.folrr~er kroger.com' subject: bite at Hickory Creels 8~ Teasley . Attac~me~nts: 240~D9D~ 173~4.pdf f want to thank all of the neighbors far attending the meeting an lVlonday. As stated we want #o . work with you all and be a gaol neighbor to your neighborhood. . dome of the questions that carne up at the meeting were the following: • Lights - As discussed we will lower our poles that are near the neighborhood to In addition we will use shields to r~inirr~i~e or elirr~inate the bleed" of light aver the screenwall. • Landscaping - fur landscape architect is currently out of town but we will look to see if there is roam for additional landscaping vn the south side of the screenwaff. ~ Dust Control - As discussed we will have a water truck on site to help with dust while we are grading the site. • i#e elevation - l have spoken with our civil engineer and we are stir ~n the preliminary stages of engineering however we have discussed the neighborhoods desire to keep the site a high as possible adjacent to the neighbors and will take that into consideration as we design the site. • Location of the retail building - I Dave attached our landscape plan a it exists today. V1le are still preliminary and it i subject to City approval. At Carr~s request l have scaled it off and shaven dimensions on the site. Please let me Arnow if there are any other issues. we are working hard to rake this project work for the con~m un it}r. . f will send a follow up on the issues stiff outstanding once z have obtained the answers. Also, lillr. Wakefield I tried to return your cal! but a fax rnachine picked up - I would be happy to . call you if you can give me your number again. 2~~fiD~g1~.~"~94 5.pdf ~~~t I~B} Thanks# Dorothy Raven Parks Regency Centers 840 walnut Hill Lane, quite 4a~ f]aflas, Texas 7~~1 ~ 14,7D~-~a X14-GG-5~~ fax ~onnseIt~ ~~ge ~ Page 3~ l liability they canrt come on nur property to set that 1 ~ have faun other items dated ~ this 2 fence and it is gong to be the one-foot dad hieh ~ property, public. hear'g items number ~C, D, E and F' are 3 like i say, the property owners, it puts us in kind of an 3 ah. far speck use permits. we will have one 4 unaCeeptable situation. 4 prntation that wiIl cover all of tl items and have 5 CQIVINIISSZGNER STRANGE: Okay. All right. 5 comments and thin we will vote on dour items ~ MR. HAUFTMANI~: d we just wanted to bring G separately. You may make your presentation. 7 that before you as a cause of concern. 7 rte: ~~xo~TA: Thank youx Mr. Chairman, S C~MNtS10N~R STRANGE: Gkay. Apprec%ate S meanbers of the Commissioa. 1 will start with 5~6-~~0~, 9 it. 'phe other card l have would be from Garry Chandler. 9 which .is to a grocery stare to exceed a maximum of ~5,~~~ l~ h+IR. CI~AWDLER: Gaud evening. ~ name is 1D square feet of gross Hoar and to a1law~a 1 ~ ~ Chandler. I live at 3101 ocean Drive. ~'m Nor, 11 ~ drive-through facility associated with a pharmacy. The l2 Hauptniann's neighbor on the west side. And I he's ~2 project site is located an the southeast corner of hickory 1 basically touched o~n what our main eooeern is. fnitially 13 Crrek and Teasley Land and is within a Neighborhood l4 when ~ received my certified letter in a fit of peak, I 14 Residential Mixed Use coning district. . 1 ~ said I was opposed to the project because of the fact that 1 ~ The applicant xs going to be providing 16 ~ hadn't received the informattan I was try'ing to get from 16 dscaping as well as ~elevatian enhancement for the 17 the developer. And then after a phone call, things have 17 purpose of helping mitigate the sue. The Code for 1 S you know, first of all, they've been very fortht iht, 1 ~ ubchapt~r ~ S.G.4.~ set t~ approval criteria for a 19 aaad they've been very open to our suggestions. But were 19 pecirie Use Permit and the proposed increase in tiie kind of concerned about the brick wall and ~ one foot ZO squ~e footage as well as the drive through meets those ~l setback which is going to date an area of no ~nan~s land. ~l criteria, Let me go through briefly what thane are. 22 Everything is going tta grow up through there. And this 22 The spec~ic use will be compatible with 23 might not be the right forum but we did want tQ put it on and not injurious to the use and enjoyment of other ~4 record. we appreciate your time. property nor significantly dinunish ox impair properly 2~ I~OMMISS~ONER STRANGE: Thank you. Is there ~5 values within nnmediate vicinity. The proposed str~ p~ 3 g Page ~0 1 anyone else that would like to speak? I have no 1 would not be injurious to the neighborhood. And the 2 cards. Anyone else who wishes to speak an the issue? ff 2 applicant witi provide all required buffering, screening, 3 not yam, 3 and setbacks to ensure compatibility with the neighborhood 4 . ~utt,r~R: t had one thing 1 just wanted 4 as prescribed in the ]]e~iton velapment Cade. to discuss, S Number 2, #hat the establishment of dace G coMn~ss~ort STRANGE: ~iye us your name 6 specific use wip not impede narnial and orderly 7 and address, please. ~ 7 dev~lopn~nt and improvement of surrounding vacant mot. ~tnt.rR: ivty name is Martin Miller, 8 property. The ehsstablishmeat of the retail center would 9 with Regent' Centers ~ we are national and we have had 9 not significantly impede the naz~nal and orderly 1 ~ discussion with the h~neowners. ~Ve have had a meting 1 ~ development of the suiTOUnding vacant land. 11 with we have discussed in the past couple of days with 11 Three, that adequate utillities, access 1~ Mr, Chandler and we have been addressing some of l~ roads, drainage and other necessary supporting facilities 13 concerns chat were talked about and we will continue to do 13 have been or will be provided The proposed ingress and 14 that during this Ao~ process. we will talk to the and l4 egress from Hickary Creek Road and Teasley Lane will 15 try to salve some of those issues. l5 provide adequate access to the site. ' supporting 1~ CaMN~SSIONER STRANGE: Thank you very ml~ch l6 facilities have been approved tbrcugh the development 17 with na cards, we will now close the public 17 review process. 1 S Do we have a motion on this item? 18 Four, The design, location and arra~agement 19 ~oMn~iss~oN~R Lv: Mnve for approval. 19 of all driveways and parking spaces provides far the safe Zd costox~R STRANGE: we have a moon far ~Q and convenient movement of vehicular and pedestrian ~1 approval by l~Is, Lyke. Igo we have a second? ~1 traffic without adversely affecting general public or 22 ~on~MZSS~aN11R THIBG~EAiT%: second. ~2 adjacent de°velopinents. ' proposed ingress and ems 23 co~M~ss~o STRANGE; we have a second by 23 from Hickory Creek Road and Teasley Lane zs designed to 2~ l~r, Thibodeaux, Any fiu~tlier discussion? Having naIle, ~4 provide safe and convenient movement of vehicular and 25 please vote, dote passes 7-U. 2~ pedestrian traffic without negatively impacting the P~.A►NN & DE~MBER ~4~b gage 37 " gage o~s~~'~ Page 4~ ~ Page 43 l surrounding neighborhoods. 1 compatibility with the adjacent neighborhood. with that, 2 Five, that adequate nuisance prevention ~ oRO recommends approval of all four sv~'s. The 3 measures have been or will be taken to prevent or control applicant is here to answer any questions. At this point, 4 offensive odor, fames, dust, noise, arad vibtion. Tl 4 ~ if you have any questions for me, I would be happy to ~ majority of the offensive odor, fumes, dusty noise and ~ entertain them. ~ vibration would be created during constr~tc~an. T.I ~ can~rnnsslaNE~ S'~RANGE: any questior~~s of 7 applicant will provide all required buffering, screening ? staff? Dkay. we'11 now open the public hearing. Is the 8 and setbacks to ensure minimal nuisance to the H applicant here and do they wish to spew? 9 neighborhood. as prescribed in the Denton Development Code. 9 M~.. ~IrI,~~; Chairman, and Coammissioners, I l0 fix, that dineetional lighting will be 10 just want to again introduce I'm Mark Miller with l 1 provided so as not to disturb ar adversely affect 11 RencyCenters and a11aw ourselves to be available for ~l ~ neighboring prope~ies# and lighting will comply with the 1 ~ any questions you. may have on any of these surf s as well 13 development standards addressed in the Denton Development 13 as we have represerYta~ves from Kroger as well if you need l4 Code The applicant is proposing to Tower pales that are 14 to ask any questions: And that's all I wanted to, say . 15 near the residentiaal neighborhood to ~4:-feet. ~ I ~ right now. l ~ addition, shields will be used ~ minimize or eliminate I G ca~►m~ISI~NER STRANGE: any questions of the l7 the bleed of light over the eight fact screen wall. I7 applicant? Dkay, The cards that I had earlier were ~l8 Seven, that there as sufficient landscaping I marked for Items ~ through F. o do you --did you wish l9 and screening to ensure harmony and compatibility with I~ to speak on these items or just simply the zoning?~ 20 adjacent property, The proposed site will meet all 2l~ €~NN: yeah, it was just the . ~1 landscaping and tree preser5tatian regnlabons undex ~t overall fence. ~2 Subchapters 13 in the Denton Development Code. Tl ~Z CoA+INIII~N~R s~"RANC~E; okay. Anyone else ~3 applicant proposes to provide 21 percent landscape area ~3 wish to speak an this item`s Don't guess you have ar~y ~4 assoc~.ted with Parel 1 as shown in Exhibit G ~D rebuttal then? with that, we~l1 close the public hearing. percent is required. Street trees and landscape areas 25 Do we Dave a motion on these items? And what we"re going Page 4~ Page 44 ~ along Teasley Lane will s~~reert the develop~a~ent from 1 to do is we're going to take them individually, Item C, D, 2 adjacent p~opex.es. ~ E and F. So do we have a motion we' lI need four 3 Ob-~~o7, ~ secar~d std request is for an ~ separate motions. Do we have a motion on Item ~o. 5C, 4 siJP to a11ow adrive-through facility associated with a 4 which is the sr.~ four the grocery store? 5 bank. That site location is right here, Lot 5 of the ~ co~vtlsloNE~ Txon~: so moved. ~ development. As with the first this sup meets the G coMn~ISro E,4CLETON: second. 7 approval teria for an SUP. The proposed bank has 7 CGMMISSION s~ro~; we bane a motiaa by S adequate landscaping and setback. The location of the Mr. Thomas and a second by Mr. Eagleton. Any discussion? 9 dive-through will be located at the rear of the 9 If not, please vote. The item passes 7-~. l0 development. And again, that would help to buffer and 1 ~ Next w111 be Item No. ~D, which ~S a 1 ~ SC~e~ fr4l'n ad~a~C~'tlt neighborhoods. ~ 1 ~C1Fi~ Ilse Permit ~ allow dr1v~-thro~gh fac;llt~es 12 The thud SUP 1s ~~-~~~8. Tlns is to I Z associated w~tb a bank, 13 allow adrive-through facility associated with a fueling I ~ GQMMI.SXOI Tx~ol~~r: I move approval. 14 station. That fueling station is located here along I4 coM~ISSI~N~ s~oE: I have a motion by 15 Teasley. Arid like the previous ~'s, it meets the I~ Dr, Thibodeaux. 16 approval criteria. ~t also has landscaping and setback I G coM~ISSIaN~ w~Txtrr: second, 17 ~requixeents that will help make it ompa~.ble with the I7 CAMMISIONEI: ;rroE; second by Mr. 1 ~ su~ourxdirtg neighborhood. I S Watkins. Any discussion? Please, vote. Item passes "~-0. 19 And the fourth and last SUP request is 19 Next will be Item No. Specific Use ~0 ~~~-0009. This SUP is to allow adrive-through facility ~D Permit allow for adrive-through facility associated ~l associated with a second bank on the develop~t site. 2I with a fueling station. Dv we have a motion`? And that location is right Here. Acrd as with the f art 22 ~or~n~sYOr~E~ i,~x.E: so move. ~3 bank, it also has adequate landscaping and setback and 23 (~MMISSION~R sTNO~: nr, Lyke, Do we also the drive-through facilities are located to the ~ 24 have a second? ~ of the bank thereby redu~cirr the ipact and increasing the 2~ GOMNR5ION THII)EAUX: second. . P~.A11~11IN & ~ON1, ~~~~IB~R ~~~b Page 4 ~ - Page 44 ~`0~11~~ Page 45 Page 47 ~ co~~ss~orr~t sTR~r~~: ar. T~l~odeaux. Any 1 ~ dlscussion? Please, ~rote~ 7-0~ ~ 3 And ~tex~ is Specific Ilse hermit, allov~ a ~ 4 drive-through ar itrs ~~m F, a dni~e-#~rough ~ ~ 5 associated. with a bad. Do we have a motion? ~ ~ CDM~i~IS5I0NEri EAGLETQN: Q IllQV~d. ~ COMM~s5I0NE~i STRANGE: Motion by Mr. 7 8 ~agletou. Do we have a second? S ~ ~'QMMI~I~NER V►~AT~IN: second, ~ 1~ ~ ~ ca~I~t~sslol sTRAxGE: second by Nfr, lU . X ~ Watkins. Ax~y discussion? Please vote. Passes 7-0. I`m I l l~ glad that's over because my arm's tired. okay. I2 I 13 l4 l4 l~ i5 1 l6 17 I7 Ig 18 Ig 19 2D ~I 2l - ~3 ~4 ~ i Page 4~ Page 4$ I 1 ~ ~ 3 ~ 4 ~ 5 ~ ~ ~ 7 ~ S S g 9 l~ 10 I1 ll 1~ l~ 1~ l3 l4 ~4 15 1~ 16 16 I'~ 17 I~ I$ l I9 20 20 2l ~I 22 23 ~3 . 24 ~ i :1Qur D~cutnentslDrdinances1~61S~b-~(~~.doc ORDINANCE I~G. AN GRDINANE OF THE CITY GF DENTGN, TEAS, APPRGVING A SPECIFIC USE PERI~IIT TG ALLOT A DRIVE~THROUGH FACILITY ASDCIATED KITH A BAND ON APPR.OIATELY 1I,S4 ACRES OF LAND, GENERALLY L~~ATED ON THE SOUTHEAST CORNER OF HI~ORY REED ROAD AND TEASLEY LANE AND LEGALLY DESCRIBED AS TRACT OF LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER H~~, IN THE CITY OF DENTON, DENTON COUNTY, TEAS; SAID TRACT BEING PART ~F THE WHEELER RIDGE PHASE FOUR, LOT I BLOCK BB; PROVIDING FOR A PENALTY IN THE AINIU AMOUNT OF $2,OOa.Oa FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTE DATE. ~~~-a0~9} WHEREAS, Regency Centers has applied far a Specific Use Permit to allay a drive- through facility associated v~ith banl~: WHEREAS, on December 6, 2~O, the Planning and honing omn~ission concluded a public hearing as required by lave, and recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the change is cans~stent ~~th the Denton Plan and the Development Coded NOS THEREFORE THE COUNCIL OF THE CITY OF DENTON I~EREBY ORDAINS: SECTION I ~ The f findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. E~TION 2. The Specific Use Permit Site Plan attached hereto and incorporated herein a Exhibit "A", is hereby approved far the property described in the caption afthis ordinance. SECTION 3. If any provision of this ordinance or the application thereof to ar~y person ar circumstance 1s held invalid by any court, such invalidity shall affect the validity of the provisions ar applications} and to this end the provisions of this ordinance are severable, SECTION 4. Any person violating any provision of this ordinance shall, upon Conviction, be fined a sung not exceeding 2,~~~.a~. Each day that a prov~sian of this ordinance is violated shall constitute a separate and distinct offense, SECTION 5. This ordinance shall become effective fourteen X14} days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published tv~ice in the Denton Record~~hronicle, a daily nev~spaper published in the City of Denton, Texas, v~ithin ten ~I days of the date of its passage. I PAS QED ~N~] APPR~VE~] this the ~ day o f , 2~~7 PERRY R. l1~cNEILL, MAYOR ATTEST: JENNIFER ALTER, CITY ERETARY BY~ APPROVED A T~ LEGAL FARM: EDV~IN ~VI. ~~ER; CITY ATTORNEY ,vr _ ......_„w_~..~...,~._..~..~ - `f f f 11 . ❑ ❑ ~ ~ ❑ ❑ ~ ❑ ❑ ~ ❑ ❑ ❑ ❑ ~i ~I ~ ~ ❑ ❑ ❑ ❑ ❑ ❑ ❑ H w a ~ o S~~Z~~~ ~ r '~J ~ ~ ~ o : o N U ~ u' W ~ ~ a ~ o Sao sN~ao~~naQ d ~ z rr ~ ~ ~ ~ ~ N r..i ~ ~ a x ~ ~ ~ m ~ ~ I ~ '7O1{C, ,}D'{GI' ~ I IgO,,C ~ ~ a g ~ ~ v`u( ¢ ° o ~ ii Iu O ~a w~~N~ (~~.IVV!7 ~r ~ T ~ ~ I14 ~4. IL i Q ~~C~1 w z N ;•'~I ~ ~a~ ~`]d~¢ ° JYA`~"1, ~®~L1~~Q ~ iw ~ j ~a~5m w~ W 3 I ~ N ~N N ~o p W ¢ ~ w V1 A ~ ~ # w W ~U~U;IKU ~ ~g~~ o a A ° A ~ ~~a ■ wo o~ c°Dy ~ ~ ,.g4 a~ 8 ~ # ~ s ~ 8~ m~ ~~N ~ p m m ~Y 3,. ~Y . ~ ~ ~ ~ ~a ~s ~ 'I Z Y 0 j ~ ~ ~ e~. ~ M w~LL w~{L u ~ 1~1 p.. g Y 1® C7 ~ ~ ~ W ~dQ i~ ~ id mN ~ 44{{aaLi~ ~ ~ ~F7{ ~ ~ ~ - - - - .UZ!S9 3 ..ZS.i_.Q(~ S - - - - it C ~ _ N ~ ~ ~ ~ e m a ¢ - - ~ a ~ ~ ~ r r ~ - - - - - 3Ntl13813 .9Z ~ - i I, E~0 ~ p N T i ~ fin- ~ _ ' i. ~ I ~ ( f`G~U w w ~ i 'k1y ~ c~ a I i. ~ ~ ~o~ ~ l y J' ~ 'wa r1 ~►O O I Q z't 1~1~ Jl-b98 4 W O O r ~ ~ add I ~ i \ ' I ~ ~ ~ ~e` ~ W~ m ~ m ® ~ °C ~ o ® ~ c i W , m L~ m Z ~ ~ ,-----~-j ~ ~ I a i M V ~ ® ~ W ~I~ ~L ire ii Y W W ~ t~ ~ ~ O N~ • ~ • ~ i 1./ ~ ~ r ( ~ o. i i41 f ~ ~ ~ ~ x; O ( s • ~ r 0 _ i IL r O0 !r er h eh i~ I ~ (A ~ W N ~ ~ ~ I i ly C; ~ ( ii b ardv~~di~ ,sa m :9 ~ ,m ~ , - ~ 4 ~ ~ 3 hf i I~~ , ~ ~ i i } a ~ ~ W ~ ~ m N W ~ ~~VV I ~r C ~ ~ 4) a ~ ~ 1 U ~ O 'Q , i LL I O J r' / J ~ ~ ' W . ,~~s L : ~ ~ ~ _ _ ' X % ~ ~'s~` L Imo" Y - a ~ ~i ~ I F II d o N 00 b m e ' Lw ~j' ~ i / ~ ~ Qr ~ ~ ~ . 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Q~ i - - _ i 0 1131 UM X3 - n_.£' ~ b+1Yu' „K Xj m~ ~ 2131Vh1 „8t %3 z ~ ~ ?JJ1 yM „~E X' ~ ~ 1 ?rv ~ ~ w 4 J ? z J - - ~ _ m ~ ~ i ~ ~ w ~ ~ ~N~~ ~ ~ ~ ~ ~ ~ ~ ~d m TTFIVi XX AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-823 SUBJECT- A06-0005 (Hills of Denton) Consider adoption of an ordinance on first reading to voluntary annex approximately 1199 acres of land, consisting of three tracts. The property to be annexed is generally located in the City of Denton's extraterritorial jurisdiction north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning Commission recommends that the annexation proceed as presented (7-0). BACKGROUND Applicant: Tomlin Investments Addison, TX A voluntary annexation proceeding is being considered by the City of Denton for the Hills of Denton. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed. • Denton 288 LP has assembled 2120.6 acres of land as shown in Exhibit #3. The applicant is requesting annexation of 1199 of the 2,120.6 acres. The 1199 acres are within the City of Denton's Extraterritorial Jurisdiction (ETJ) and the remaining 921.6 acres are within the corporate city limits. If annexation is approved the applicant proposes to rezone this property to allow for amixed-use development. • The subject site is currently undeveloped. Access to the property is from Locust Street, Loop 288, and Bonnie Brae Road. Other proposed roadways that provide access to the site are Ganzar Road and an unnamed four-lane extension from U.S. Hwy. 77 to Milam Road. ~ On October 3, 2006, staff received direction from the City Council to proceed with the annexation. • On November 10, 2006, the City of Denton issued a letter of intent to annex to the owners of the subj ect property. • On November 22 and November 3 0, 2006, neighboring property owners were notified of the voluntary annexation with an "intent to annex" letter and official public hearing notification. To date, staff has received no letters in support or in opposition from property owners within 200' of the proposed annexation area. (See Attachment 4). ~ On December 6, 2006 the Planning and Zoning Commission voted to recommend the annexation procee as presente . ~ On December 12, 2006 the City Council held its first public hearing. ~ On December 19, 2006 the City Council held its second public hearing. • The Comprehensive Plan identifies this area to be within the Neighborhood Centers land use designation. No adjoining property owners have expressed their intent to join in this annexation. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Planning & Zoning Commission recommends that the annexation proceed on schedule, finding that: The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Work Session October 3, 2006 Planning and Zoning Public Hearing December 6, 2006 First City Council Public Hearing December 12, 2006 Second City Council Public Hearing December 19, 2006 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. EXHIBITS 1. Service Analysis 2. Annexation Plan 3. Location Map 4. Notification Map 5. Annexation Schedule 6. Planning and Zoning Commission Minutes. 7.Ordinance Prepared by: Respectfully submitted: Supriya Chewle Brian Lockley, AICP, Planner II Interim Planning and Development Director EXHIBIT 1 SERVICE AREA ANALYSIS A06-0005 Fire 1. Fire and Emergency Medical Services can be provided to the area from stations} # 5_, located at Windsor (a7 Bonnie Brae and Kings Row (a~ Sherman. 2. Estimated response time. 3_5 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No, If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? . If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. None 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N_ Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? 1 for 20,000 population. Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1 for 1,000 population. Additional Comments: None Rick Jones, Fire Marshall November 28, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are North Lakes Park 1 mile to the south, Evers Park,1.5miles to the south and Water Works Park, 1.5 miles to the east. Current residents will be able to use existing City of Denton parks, facilities and ro rams. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does extend to the general area of the proposed annexation. Base on information provided by the Developer, 7464 single family residential units and 2204 multifamily residential units may be constructed. This equals to approximately 62 acres of new parkland for the residential neighborhoods. As neighborhood subdivision development occurs, neighborhood parks and community parks with athletic facilities will be necessary. Neighborhood Parks: 2 5 acres per 1,000 population. (to be dedicated of time of development) 5 acres minimum size. Neighborhood Park Development cost per acre is approximately $60,OOOlacre. Community Parks: 3 0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Costfor newstreet right of way mowing fors cycles is estimated at $100.00 per cycle per mile of new right of way mowing areas to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along Bonnie Brae and North Locust Street. Additional Comments: Denton Parks and Recreation Departmentwill attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development Bob Tickner, Superintendent of Park Planning and Development 11-22-06 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Police 1. Estimated average response time for this area based on current department conditions: Priority Eleven 11 minutes Non-priority Fort 40 minutes Average Twenty-One (21) minutes 2. Appropriate average response time in the city based on current department conditions: Priority Eleven 11 minutes Non-priority Thirty-Seven (37) minutes Average Twenty-Three (23) minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No. If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? No. If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No. If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The generally excepted ratio for police departments our size is 1.8 officers11000 population. However, we are currently operating at approx.1.4 officers11000 population. Additional Comments: Lee Creamer, Lt. 1110912006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 LiLi-Y 1. Estimated additional funding needed strictly based on proposed annexation and development. 0.00 2. Please comment on the cumulative impact of annexation and development. Since this site is planned for residential development, the annexation will impact library services at our North Branch. 3. At what population level would another library facility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total aid staff. 6. At what population level would another library facility be required? No. The North Branch will need additional personnel to meet the anticipated service demands of the proposed annexation. If not, how many additional employees and what type of facilities and materials will be needed to provide services? The North Branch needs additional librarians and support staff to meet current service demands. Additional Comments: The North Branch is located in the service area of the proposed annexation. Already understaffed, the proposed annexation will further impact current service levels. Eva Poole, Director of Libraries November 21, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. NIA Personnel. NIA 4. What is the typical revenue collected per: Household. Based on refuse cart selected. Commercial Business Based on level of service selected. Contact Customer Service, 940-349-8787, for service level and cost information. 5. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. No Cost of Equipment. No 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. No Number of Employees. No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: A. Scott Lebsack 1113106 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? The nearest DME main line is on the north side of Loop 288. 2. What type of lines and facilities would be required to serve this area? Extensive expansions of DME facilities would be required to provide electric service to a development of this size. 3. Are any new lines or facilities proposed for construction to serve this area? No new lines or facilities are proposed at this time. 4. Are there any potential responsibilities if this area is annexed? No 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: DME will provide electric service to land where DME has electric certification. Electric service will be provided per Denton Municipal Electric's Service Standards. Bill Bunselmeyer (940) 349-7328 September 21,2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Wate rlWastewate r 1. What is the nearest City of Denton water line? Size of water line. 36 inch Location of water line. North side of Loop 288 west of Locust St- Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. 18 inch Location of sewer line. On Nicosia Street south of Loop 288 Distance from proposed annexation. 1500 feet 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Water lines: Size Year Location Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Sewer lines: Size 36 inch Year Construction of sewer line will coincide with the development of Hills of Denton property. Location The sewer line will begin at the Hills of Denton property and travel eastalong the MilamlClearCreekto the future proposed City of Denton Clear Creek WaterBeclamation Plant. 4. Are there any City of Denton lines included in the proposed annexation? No. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 6- Is there an accepted equipment to population ratio that can be used for planning purposes? 6- Is there an accepted employee to population ratio that can be used for planning purposes? 6- Additional Comments: waterlsewer service to the proposed development is currently under development and negotiation. This agreement upon approval by the City Council will dictate the responsibilities of the City and the Developer of Hills of Denton to provide wastewater and water service to the proposed development. P. S. Arora, Assistant Director 1112412006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost None 2. Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). No specific drainage improvements that require local funding are identified. After annexation drainage improvements and development along flood hazard areas will be subiect to the requirements of City Code Chapter 30 Flood Prevention and Protection and Chapter 35 the Development Code for the City of Denton. The property drains predominately into the watershed of Milam Creek upstream from its crossing with Locust Street (FM 2164). Property development will create increased runoff into Milam Creek, and either onsite regional storm water detention facilities or downstream channel and bridge improvements at FM 2164 will be required as the property develops and will be developerfunded. The eastern corner of the southern annexation tract drains to Loop 288 into the Cooper Creek watershed. As this area develops, the existing capacity of the existing Loop 288 culvert could be exceeded, and the developer may have to provide eitheronsite detention or downstream channel and culvert improvements to prevent adverse impacts to downstream properties. Milam Creek and its tributary streams are identified as Zone A special flood hazard areas on the flood insurance rate maps for Denton County. Base flood elevations have not been determined for these Zone A areas. Therefore, as the properties which contain these flood hazard areas are subdivided (platted), hydrologic and hydraulic engineerinq studies will be required to determine the base flood elevations and building pad elevations fordevelopmentadiacentto these areas. Because the City does not issue building permits for any properties within a special flood hazard area (100-yearfloodplain) FEMA Letters of Map Revision will be required to determine the base flood elevations and revise the flood insurance rate maps prior to the City issuing any Building Permits adiacent to a flood hazard area. These engineerinq studies and Map Revisions are triggered by development and will be funded by the developers subdividing the properties. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Recently passed mobility plan amendments should form basis fortransportation infrastructure. TIA required by developer should provide necessary additional roadway infill Bud Vokoun, Senior Engineer 1110612006 Ed Witkowski, Senior Engineer 1112112006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Denton Independent School District 1. Education services are currently provided by: Denton ISD 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? No - Current DISD facilities and staff levels will not service the student population resulting from the Hills of Denton anticipated 6,898 single-family and 2200 multi-family units. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Elementary Middle High Total Student Yield (.75 =SIF .20=MIF) 2993 1348 1274 5615 Population Campus Requirements 4 1 1 6 Staffing 260 110 200 570 4. Estimate additional funding needed strictly based on proposed annexation and development. Elementary Middle High Total New Facilities $4.8 Million $30 Million $75 Million $153 Million Staffing Salary $4.8 Million $2.4 Million $3.6 Million $10.8 Million 5. Will projected school taxes from this development provide that additional funding? To be determined. 6. Please comment on the cumulative impact of annexation and development. This proposed annexation will provide city services to DISD facility. This will require DISD to pass additional school bond program to finance construction of new facilities. 7. At what population level would other school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary - 650- 700 students Middle School - 900-1000 students High School - 1800-2000 students 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary - 22 students per teacher Middle School - 28 students per teacher High School - 28 students per teacher Additional Comments: Gene Holloway (940) 369-0097 Director of Planning, DISD 11130106 Person to contact if there are questions Date EXHIBIT 2 CITY OF DENTON ANNEXATION PLAN FOR A06-0005 -Hills of Denton I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 1199 acres generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 3.5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 1 D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regu ations. city Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subj ect tract is within the Neighborhood Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The City Ordinance requires Solid 2 Waste services for all residences and commercial businesses located in the city. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur on Monday of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. 3 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/wastewaterFaci1ities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Water service is available from a 36 inch water transmission pipeline located along the north side of Loop 288. The Developer will be required to extend water service from this main to serve the property. Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Due to the size of this proj ect, a water distribution system model will be required as a part of the preliminary plat application process. The City will require a developer agreement for extension of water utilities to service this development. A new sewer line to serve the proposed development will be required (see Exhibit "B"). The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or proj ected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and 4 infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Anew sewer line and pump station construction will be required to serve the development (see Exhibit "B"). The construction of the proposed sewer system will be governed by a water/sewer use agreement currently under development and negotiation with the property owner. Thus, no construction of public improvements except sewer is contemplated as a result of this annexation that would begin within two and a half (2 1/2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 5 - ~ , 4 I 4 r ~ ~ 1~ ' ~ _ I u ~ ' ~ 4 1 1 - I 1 f r _ ~ _ - _ I - _ 4 r r _ I s I 1 ~ ~ ! 1 4i ~ - - I O ~ k I i ~ - ~I 1 • ~d ~ I 1~ I~ r ~ I I 1 _ r ~ ~ - ~ - , I - 1 II 1 " 1 - ~ I _ - r } ti _ _ - ~ ,f .ti i r~ ~ J ~ f x - r ff _ ~ _ ~ & i ~ k 1 - _ ~ Ik 07' ~ II r ' h -i 4 _ r I _ _ _ ~ o I - r ~ . 1 I I ~a 4~ - _ 1 i i ~ _ o- _ ~ i? I _ _ I ~ - - - . ~ ~ ~ II I 1 sit l ~ L _ 1 v ,.i 6 EXHIBIT 3 oca ion a 1 - _ ~ 11 v ~ / ~ %~%i ~ _ ~1~~' i►i~~ / ~ i~ / ~ ~ i ~ ■ C III .•'iI I I IpI I_ =1:11111111~~ II,I III11111111 l~l I I II 1 1111 ~ - I11111111111~~~ ~ IIIIIIIIIII 1~ _ _ IIIIIII~~~1 ~r`` ~1 ; IIIIIIIIIIII II ' ~ '!11111 'lll u~1``~\' IIIIIIIIIIIIII _ 1,1'1 111 ~~i1 I~I111 ' II II'il = LL~.~IIIl11j1i11 ■ ' \II ~i Iii - - - ■ ■ ■1 ~ ii iii ■ - ~ ■~I~ ■1~■ 11111 11 1. .~~~~~~~1 111111•._ ~1 111 111111 ~ ; i~~i■ ■iil •j si - - - ~ i~iil III ~ ~ IIL ~ ~i - - • 1111111111 ' X11111111 11111\~ i is IIIyY `.ii i 7` = ■ 1111 - ►7 \111 N Le end g City Limits Annexation Site Entire Development Site EXHIBIT 4 Notification Map MI LAM w AM o Q J ~ OBCA M 500 Feet Notification ~ cn GANZ 200 Feet Notification V O J CHIN w Q m w z z 0 m ~ HOLD ~ LOOP 288 1173 F HERCU Legend N City Limits 0 Annexation Site 200 Feet Notification 500 Feet Notification EXHIBIT 5 Proposed Annexation Schedule Hills of Denton Annexation Notices of Intent to Annex (30 day prior to 1st PH) will be send on November 10, 2006. Wednesday, 12/b/2006 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the proposed annexation. Tuesday, 12/12/200b City Council conducts first public hearing. (SC Work/ Regular Session) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 12/19/200b City Council conducts second public hearing. (SC Work/ Regular Session) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, 1 /9/2007 City Council by afour-fifths vote institutes annexation proceedings. (SC Work/ Regular Session) First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 1 /14/2007 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 2/20/2007 City Council by afour-fifths vote takes final action. Second reading and adoption of the annexation ordinance. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). The second reading of the ordinance and zoning approval could be held any time between February 14, 2007 and April 9, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. CITY OF DENTON, TExi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 EXHIBIT - 6 ITEMS . TxT ITEM 5 . TXT 1 PROCEEDINGS 2 COMMISSIONER STRANGE: We'll next move to 1 the City issued a letter of intent to the subject property 3 our public hearings. The first item will be Item No. 5A, 2 owners. The Comprehensive Plan identifies this area to be 4 which is a voluntary annexation and service plan for 3 within Neighborhood Centers Land use Designation. Staff 5 approximately 1,199 acres located at the northern 4 recommends that the annexation proceed on schedule. That 6 northwestern area of the City of Denton Extraterritorial 5 will be all. Do you have any questions? 7 jurisdiction, north of Loop 288, west of Locust Street, 6 COMMISSIONER STRANGE: Anyone have any 8 south of Mylam Road and east of Bonnie Brae. Ms. Chewle. 7 questions of staff? 9 MS. CHEWLE: okay. I don't think we're 8 Ms. CHEWLE: oh, we did receive a we 10 going to have a presentation either. The applicant Tomlin 9 mailed out the notification. we did receive one 11 Investment from Addison, Texas has applied for a voluntary 10 notification in the plat as neutral to the request. 12 annexation for approximately 1,199 acres of land 11 COMMISSIONER STRANGE: okay. All right. 13 consisting of three tracts into the corporate city limits 12 Is the applicant here and do they wish to speak? 14 of the City of Denton. The property to be annexed is 15 generally located in the north northwestern area of the 13 MR. ZIELKE: Chairman and Commissioners, my 14 name is Rod zielke with Tomlin Investments. I had a 16 City of Denton's ET7, north of Loop 288 west of Locust 15 little Powerpoint demonstration I was going to put on just 17 Street, south of Milam Road and east of Bonnie Brae. 16 to familiarize the Commission and the audience with our 18 Denton 288 LP has assembled 2,120 acres of 17 firm and our plan for the property. I know we'll be up 19 land. If annexation is approved, the applicant proposes 18 here many times so I don't want to take a lot of time, but 20 to rezone this property to allow for mixed use 19 I thought I'd flip through these being as how that's 21 development. The subject site is currently undeveloped. 20 not working, I was wondering if the overhead projector 22 Access to the property is from Locust Street, Loop 288 and 21 might work. It doesn't look like that works either. 23 Bonnie Brae. 22 Let me just tell you a little bit about our 24 on October 3rd, 2006, City Council directed 23 firm and just real briefly what our plans are for the 25 staff to proceed with this annexation. On November 10th, 24 property. Tomlin Investments is a real estate development 25 company with particular focus on high quality master plan Page 1 Page 2 ITEMS.TXT ITEMS.TXT 1 communities. our office is in Addison, Texas. we're 2 purely a local firm based in Texas. All of our projects 1 across 288 from us. 3 are in North Texas. we are currently working on other 2 with that, again, I had some other exhibits 4 master plan communities in the DFw area. Our most 3 here I was going to show you, but without the visual aide, 5 recently constructed project is Lone Star Ranch in Frisco, 4 I don't think it works too well. So that's an 6 Texas and this project is our vision for this project as 5 introduction and look forward to working with the 7 well. 6 Commission and the Council as we progress through the 8 Again, I have some slides which we'll save 7 stages of the project. Thank you very much. 9 for another time. we pride ourselves on our research and 8 COMMISSIONER STRANGE: Anyone have any 10 awareness of growth areas in the DFw metroplex. we really 9 questions of Mr. zielke? I can't see if you've registered 11 have confidence in Denton and the Denton market and 10 up here so I'll just have to look tonight and see if 12 particularly this part of town. we have amulti-village 11 anybody has any questions. No questions. Thank you very 13 concept for this project as a Master Plan Community, a 12 much. 14 multi-village concept with a wide range of housing types. 13 we only had one card on this item, and that 15 Our projects are typically very highly amenitized with 14 was Mr. zielke, and he has already spoken. Is there 16 large multi-use amenity centers, large greenbelt and open 15 anyone here that wished to speak on this item? I will 17 spaces, hike and bike trails throughout, pedestrian 16 point out for those of you not familiar with our process, 18 friendly access throughout, a village park and playground 17 if you are here tonight and wish to speak on any item 19 areas throughout and multiple lake and water features. 18 that's on the public hearing agenda, you need to fill out 20 we highly regulate our Architectural 19 a yellow card which you'll find outside the door, indicate 21 Landscape and Development Code to ensure the quality and 20 on it the item that you wish to speak to and turn it in 22 lasting quality of our developments. This project will 21 down front, and then at the appropriate time, we will call 23 also in addition to a significant amount of residential 22 your name and you'll have the opportunity to come forward 24 development also have some commercial and office use along 23 and speak. 25 the thoroughfares and in conjunction with the uNT campus 24 so we have no other speakers, we will close 25 the public hearing, do we have a motion on this item? Page 3 Page 4 ITEMS.TXT ITEMS.TXT 25 place right now to serve that development. 1 COMMISSIONER WATKINS: Mr. Chairman, I 2 asked the staff about the service analysis, it's not 1 COMMISSIONER STRANGE: Any other questions 3 under water and waste water, it's not what is the ITEMS.TXT 2 or any other comments? Do we have a motion on this item? 4 nearest City of Denton water line? There's nothing listed 22 3 COMMISSIONER THOMAS: I so move. 5 for that. But on Page 4 under B, water and waste water 23 4 COMMISSIONER STRANGE: We have a motion by 6 facilities, it indicates that there is water lines all 2a 5 Mr. Thomas. Do we have a second? 7 around this annexation. would it be possible for us to 25 6 COMMISSIONER THIBODEAUX: Second. 8 fix that here by simply penciling in yes and so when it 9 goes ahead to Council there won't be a flaw? 7 COMMISSIONER STRANGE: we have a second by 8 Dr. Thibodeaux. Any discussion? If not, please vote. 10 MR. LOCKLEY: Yes, sir. we will make that 9 Again, we have to vote by raising your right hand. And 11 change to the service analysis and correct on there that 10 the vote passes 7-0. 12 there is water, existing facilities surrounding the site. 11 13 COMMISSIONER WATKINS: Very good. Thank 12 14 you. 13 15 COMMISSIONER STRANGE: Any comments? 14 16 COMMISSIONER THIBODEAUX: Just a little 15 17 bit. I also I had a little sticky note about that 16 18 service area analysis. I read that it was all that 17 19 there was no more services needed for this development, 18 20 that everything was in place. And I just it's a fairly 19 21 large area the way I think about it, and I just wanted 20 22 some confirmation from them that that was an accurate 21 23 statement. 22 24 MR. LOCKLEY: Yes. There are facilities in Page 5 Page 6 25 ~:IDur Documentsl0rdinancesl0?IA06-~OOS.doc ORDINANCE NQ. AN ORDINANCE DF THE CITY F DENTCN, TEA, ANNE~IN APPRO~IATELY 1,199 ACRES DF LAND C~NTIUCU AND ADJACENT TO THE CITY DF DENTDN TEAS, LOCATED IN THE N~RTHwESTERN AREA OF THE CITY ~F DENTIN' E~TRATERRIT~RIAL JURISDICTION ~ETJ}; GENERALLY NORTH DF L~CP 288 wET ~F LOCUST STREET ~F•1~I. 2164}, SOUTH ~F ILAIVI READ AND EAST DF BONNIE BRAE STREET, LEA.LLY DE~CRI~ED A A PART CFA 879.3951 ACRE TRACT DF LAND SITUATED IN THE J.A. BURNS SURVEY, ABSTRACT NC. 130 THE T. P~LI SURREY, ABSTRACT ND• 999, THE V• AILCR SURREY, ABSTRACT N~. 4~2, THE J. STEwART SURREY, A STRACT N0.11 ~ D, THE F, IVICIETTRIC~ SURREY ABSTRACT ND. 54~, AND THE E, PRITCHETT SURVEY, ABSTRACT ND• 10~• A 14 •1418 ACRE TRACT ~F LAND S ITLJATED IN THE • MAY SURREY', ABSTRACT N~. 807; A I73.333 ACRE TRACT DF LAND SITCJATED I THE J. COLLARD SURREY 3 ABBTRACT N~. 287 AND THE A. WHITE BUR.VEY, ABSTRACT ND. 1404, DENTCN COUNTY, TEAS, APPROVING A SERVICE PLAN FCR THE ANNED PR~PERTY• PRDVIDIN A SEVERABILITY CLAUSE; AND PR~VIDIN AN EFFECTIVE DATE, ~AO~000~~ WHEREAS, Pursuant to section 43.O~1 ofthe Texas Local government Cade, hone rule cities are authorised to armex areas that are not required to be in an annexation lan• and WHEREAS, on or about December b, 200, the Planning and honing Commission recommended approval of the annexation of the property legally described in Exhibit "A" attached and fully incorporated herein the "Property"}; and WHEREAS, the City Council Ends that the Property contains fewer than laa orate tracts of land on which one ar more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Cade; and WHEREAS, the City Council finds that any areas caused to be entirel surrounded b . y y, but not Included wttlnn, the City of Denton, Texas as a result of this annexation are so surrounded in the public interest; and WHEREAS, the City Council finds that all required notices were given In the time and rrxanner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on December 12, 200, and December 19, 200, both days being on or after the lath da but Y before the 40th day of the date of the institution of the proceedings to allow all interested persons to state their views and present evidence bearing upon this annexation, and WHEREAS, annexation proceedings v~ere instituted for the property described herein b y the introduction of this ordinance t a meeting of the City Council Jams 9, ~~07• and ~Y I wHEREA, this ordinance has been published ~n full one tine 1n the off~c~al newspaper of the pity of Denton on January 14, 2007, after annexation proceedings were ~nst~tuted and 30 days prior to pity council taping f final action, as required by ~it~ charter; and wHEREA, the pity council finds that the annexation will a11vw the city to ensure development consistent with The Denton Plan; New, THEREFORE, THE ~UNII~ ~F THE CITY ~F DENTIN HEREBY ORDAIN: ETIDN 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference ETI~N 2. The Property is hereby annexed to the pity of Denton, Texas. ETI~N The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" the "service Plan"}, which provides for the extension of municipal services to the Property} is approved as part of this ordinance. The er~ic Plan was nude available far public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. E~T~~N 4. should any part of this ordinance be held illegal far any reason, the holding shall not affect the remaining portion of this ordinance and the pity council hereby declares it to be its purpose to annex to the pity of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the ity~ If any part of the Property is already included within the city limits of the pity of Denton or within the limits of any other city, town or village, or is not within the pity of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as ifthe excluded area were expressly described in this ordinance. E~TI~N Th1s ardrnance shall become effective immediately upon its passage and approval. P1~~ED ANA APPR.DVED this the __r_.__ day of_-_-„ , 200?. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER wAI1TER, YTY ERETARY BY: i APP~~VED A T~ ~~C~AL FI~1VI ERIN M. NY~~~I ATTORNEY +~.y r" I t i ~~~i~i~ ~ BEING an 579.3951 acre tract of land situated in the J.A. Burns Burvey, Abstract Nv. ~ 34, the T. Palk Survey, Abstract Na. 999, the V, Cailor Survey, Abstract Na. 452, the J. Stewart Survey, Abstract No. ~ 150, the F. Mcl~ettrick Sunray, Abstract No. 84fi, and the E. Pritchett purvey, Abstract No. 1425, Denton County, Texas, said 819.3981 acre tract being comprised of and containing: part of three tracts described to DENTIN 258, ~..P. by Special Vvarranty Deeds recorded as lnstrurnent No's. 200fi-~~ 459, 200-~ 2204, and 200-~ 22Q8, Official Records of Denton County, Texas; all of two tracts described t0 DENTIN 255, L.P. by special Vllarranty Deeds recorded as Instrument loo's. 2446-87974 and 200G-5G1fi, Dffcia~l Records of Denton County, Texas; all of that certain tract described t0 Richard Tedrow and wife by ~Narranty Deed recorded in Volume 1154, Page Safi, Deed Records, Denton County, Texas; all of that certain tract described to Richard Clair Tedrow by Special ~larranty Deed recorded in Volume ~ 423, Page 75~, Deed Records, Denton County, Texas; and all of that certain tract described to James Tedrow, Trustee by Deed ~f lifts recorded in 1101. ~ 915,1'g.195, Vol. ~ O18, Pg. 199, Vo1.1918, Pg. 502, Vo1.1918, Pg. 805, Vol. ~ 7'94, Pg. ~ 21, Vol. ~ 194, Pg. ~ 29, Va1.1794, Pg. 131, V01. ~ T 94, Pg. ~ 3, Deed Records, Denton County, Texas, said 579.3081 acre tract being mare particularly described as follows: ~N11~~NfN~ at capped 518" iron rod narked "CARTER BURGESS" found in the west line of 1=.M, 2964, at the northeast corner of said 240fi-21459 tract, also the southeast corner of that certain tract described to Rachel Trietsch Bartel by deed recorded in Volume 2545, Page fit, Deed Records, Denton County, Texas; THENCE N 89° 02'13" departing the west line of said F.M. 54 and along the north line of said 2095-21489 tractt also the south line of said Bartel tract, a distance of 455.72 feet to the P~11~7' ~F B~GlN~fNG of the herei n described tract; THENCE S 04°50'23" E departing the said common line, 554.00 feet west of and parallel to the centerline of said F.M. 21 fi4, a distance of 1414,44 feet t0 the north line of that certain tract described to North Texas state University by deed recorded in Volume 542, Page 509, Deed Records, Denton County, Texas; THENCE along the north line of said University tract, the fallowing: N 89°42'57" 11U a distance of 104.32 feet to a brass disk marked "Prop Car'" found far corner; N 00°50'41" VIA a distance of '199.18 feet to a brass disk marked "Prep Cor" found for corner; N 89°00'42" 1N a distance of ~ X89,82 feet to a brass disk marked "Prop Cor" found for earner at the northwest corner of said University tract; THENCE 44°49'51" E along the west line of said University tract, a distance Qf 559.8G feet to a brass disk marked "Prop Car" found far corner at the southwest corner of said University tract, in the north l ine of the aforementioned 240fi-12208 tract; THENCE 89°O'18" E slang the south line of said University tract, a distance of X294.18 feet; i 5 THENCE 00°59'23" E departing the south line of said University tract, 5ga.gg feet west of and parallel to the centerline of said F.M. 2~1~4, a distance of 4857~4fi feet to the north line of that certain tract described to Kenneth Nelson by deed regarded under County clerk File No. 95-RD008942, Real Property Records, Penton County, Texas; THENCE N 89°58'57" UV along the north line of said Nelson #ract, a distance 33.E 1 feet to the northwest corner of said Nelson tract; THENCE 90°D7'~ 9" E along the west line of said Nelson tract, a distance of 878.98 feet to the earth line of that certain called 748.983 acre tract described to DEI~IT~N 288, L.P. by special Vllarranty Deed recorded as Instrument No. 2006-~ X124, off::vial Records of Denton County, Texas; THENCE along the north line of said 748.983 acre tract the following: N 89°5G'3~" UU a distance of 34~ fi.95 feet; N 44°Ofit3S" l~ a distance of '12a1.42 feet; N 89°50'~ UV a distance of X482.37 feet; N 88°52'54" w a distance of 1350.82 feet to the southeast corner of that certain tract described to Peppler by deed fecorded in Volume 4218, Page 2659; THENCE N Dg°2G'12" E slang the east line of said Peppler tract, a distance of 668.18 feet to a 3~4"iron rod found far earner at the northeast career of said Peppler tract; THENCE N ~g°04'12" E along the east terminus line of Chinn Road, the east lines of thane certain tracts described to Yeatts by deeds recorded in Volume 527, Page 43 ar~d Vafume 584, Page 87, Deed Records, Denton County, Texas, the east line of that certain tract described to hauls by deed recorded in Valurr~e X01, Page 0160, Deed Records, Denton County, Texas, and the east line of that certain tract described to Rancho Vista Development Co, by deed recorded in Volume 265, Page 4G5, Deed Records, Denton County, Texas, a distance of 2849.38 feet to a 518" iron rod found; THENCE N 01°00'83" Vlf continuing along the east line of said Rancho Vista tract, a distance of 539.43 feet t a a fence past; THENCE N 42°28'55" ICU continuing along the east line of said Rancho Vista tract, a distance of 9fi5.89 feet to a 3" metal fence canner past at the northeast corner of said Rancho Vista tract; . THENCE N 88°54'44" VII along the north line of said Rancho Vista tract, a distance of ~ 97.47 feet to a 3" metal fence corner post at the southeast corner of that certain tract described to Brandenberger by deed recorded in Volume 560, Page 375, Deed Records, Denton County, Txasr TI~ENCE N 00°32'24" E along the east ~ line of said Branden~erger tract, a distance of 42fi.52 feet 8" rr~etal fence corner past at the southwest career of that certain called 80.00 i acre tract described to Perry Nelsen Trietsch by deed recorded under County Clerk File Na. 2001-RDOfi1523, Rea! P raperty Retards, Dentan County, Texas; THENCE 89°01'15" E depar#ing the east line of said Brandenberger treat and along the south line of said 80.00 acre tract and the south line of that certain called 90.92 acre tract described to II1f. & . Trietsch Far~ily Trust by deed retarded under County Clerk File Na. 98-0112292, Rea# Property Retards, Dentan County, Texas, a distance of 1838.29 feet to a metal fence corner past; THENCE continuing along the south line of said 90.92 acre tract the fallowing: 88°41'17" E ~ distance of 245,52 feet to a steel fence carver post; N 03°25'52" E distance of 144.80 feet to a 112" iron red found far career; 88°49'43" E a distance of X522.90 feet to the southeast corner of said 90.92 acre tract; THENCE N 00°20'44" VI! along the east line of said 90.92 acre tract, a distance of 58.00 feet to a 112" iron rod faur~d at a fence earner past in the south line of that certain First Tact described to M. Ronnie Trietsch by deed recorded under County Clerk File Na. 93~ ROO8820, Real Property Records, Denton County, Texas; THENCE 89°02'13" E slang the south line of said First Tract, a distance of 2717'.00 feet to the ~~1T OF BE~fI~NfN and cantaining 38,308,580 square feet ar 879.3981 acres of land, more ar less. TRACx ~ BEING a 145.1418 acre tract of land situated in the _M. May purvey, Abstract No. 801, Dentan County, Texas, said 145.1418 acre tract being comprised of and cantaining all of those three tracts described to DENTCN 288, L.P. by petial ~Illarranty Deeds retarded as lnstrurnent No's, 2005-5~7~4, 20057777, and 200-59307, Ofhtial Records of Dentan County, Texas, and being more particularly described as follows; ~LG~~N~NG near the intersection of the middle of Bennie Brae street with the middle of Canzer Road, at the northwest corner of said 20DG-577~~ tract, in the east line of that certain tract described to Rancho Vista Development a~npany by deed retarded in Valur~e 2895, Page 455, Deed Retards, Dentan County, Texas, THENCE $9°32'32" E along the east line of said Rantha Vista tract, with the middle of Caner Road, a d istance of 972.02 feet; THENCE N 00°03'28" l Continuing slang the east line of said Rantha Vista tract, with the middle of anger Road, a distance of 28.07 feet to the southwest earner of that certain tract described to Brewer by deed retarded under County Clerk File Na. 94~R0095175, Real Property Records, Denton County, Texas; THENCE B 89°32'45" E clang the south line of said Brewer tract, the south line of that certain tract described to Stewart by deed retarded in Vol. 599, Pg. 7, the south line of that certain tract described to Hatridge by deed retarded in Vol. 599, Pg. 9, the south line of that certain tract described #o Roberts by deed recorded in Val. 3179, Pg. 273, the south line of that certain tract described to Mitchell by deed recorded in V01.529, Pg. G33, the south line of that Certain tract described t0 Rae by deed retarded in Vol. 529, Pg. 414, and the south Tine of that certain tract described to Peppler by deed recorded in Vol 2398, Pg, 7fi8, peed Retards, Denton County, Texas, a distance 0f 2128.41 feet to fhe northwest corner of that certain talied 148.983 acre tract described to DENTON 288, L.P. by Special Vlfarranty Deed recorded as Instrument Flo. 2006-12124, Official Records of Penton County, Texas; THENCE departing the south line 0f said Peppler tract and along the west line of said 748.983 acre tract, the following: ~~°48''18" 1 a distance 0f 141 ~ ~9 feet; Sfi°9'04" E a distance of 2.90 feet; 00°58'16" w a distance 0f fifi0.87 feet to a reentrant corner in the west line of said 748.983 acre tract; THENCE continuing slang the west line 0f said 748.983 acre tract the following; N 88° 10'37" VII a distance of 1 D89,99 feetF 00°39'51" VII a distance of 140.82 feet t0 the northeast earner of that certain tract described to Ruby Finch by deed recorded in Volume 497, Page 54?', Deed Retards, Denton County, Texas; THENCE departing the west line of said 748.983 acre tract and along the north line of said Finch #ract the following; N 88°09'02" VU a distance of 498.18 feet; N 00°5'25" E a distance of 185.30 feet; N 88°29'12" VII passing the northwest I`rne of said Finch tract, also the northeast corner of that certain tract described to Scherkz by deed retarded under County Clerk File No~ 02- 98857, Real Property Retards, aenton bounty, Texas and continuing, along the north line thereof, a distance of 1541,54 feet to the northwest corner of said Scher tract, near the rrriddle of aforementioned Bonnie Brae Street; THENCE slang or near the middle of said Bonnie B roe Street the follawi ng: N 01°34'45" E a distance of 932.28 feet; N 91°35'23" E a distance 0f 1003,38 feet to the POf~fT OF ~LG1NNl~I~ and containing 6,322,37 square feet or 145.1418 acres of land, mare ar less. r~~cr ~ i pEIN~ a 17.G333 acre tract of land situated in the J. Dollard Survey, Abtracf N0.2$1 and the A. Vl~hite Survey, abstract Na.1406, Denton bounty, Texas, and being all of tha# certain tract described t0 HARVARD C.C, PRDPERTIES, L.L.C. by special Vllarranty Deed i recorded as Instrument No. 2996-19521, Official Retards of Den#an County, Texas, and being mare particularly described as follows: B~~IVI~~N~ at the southwest earner of said HARVARD tract, also the northeast corner of that certain tract described to University of North Texas by deed recorded in Valc~me 49fifi, Page 999, Deed Retards, Denton County, Texas, an the east side of an asphalt road known as Bonnie Brae Street; THENCE N DO°23'04" E with the east side of said asphalt road, a distance of 1165,79 feet to the southwest corner cf that certain called 748.983 acre tract described to DENTIN 288, L.P, by Special 1JVarranty Deed recorded as ins#rument Na. 2906-X2124, Official Records of Denton County, Texas; THENCE along the south line of sa id 748.983 acre tract the fallowing: 88°49'03" E a distance of fi85,29 feet; N 10°01'42'" E a distance of 1 ~ 9.83 feet; 89°09'15" E a distance of 1992.40 feet; 88°28'53" E a distance of 59fi . ~ 1 feet; 8$°22'51" E a distance Qf ~ 133.23 feet to a reentrant earner in the south line of said 148.983 acre tract; THENCE 01 ° 1 Z'24" V1~ a distance of 1185.17 feet to the southwest earner of said 748,983 acre tract, also the northwest corner of that certain called 112.443 acre tract described to DENTON 288, L.P. by Special ~IlJarranty Deed recarded a Intrumen# Na. 2aaB-5G12, ~fticial Records of Denton County, Texas; THENCE 01°23'53" Vv a1on~ the west line of said 112,443 acre tract, a distance of fi15.87 feet to the northeast tamer of the afarer~entxoned University tract THENCE N 88°43'28" 1N along the earth line of said University tract, a distance of 4182.91 feet to the P~f1VT OF B~fNNIN~ and containing 7,553,485 square feet ar 173.5388 acres of land, more or less. ~f R 1I~Y~~4' C~14 ~~~lC►4 Tf The foregoing descriptions are the result of actual on-the-ground surveys made under my personal supervision and a compilation of the deeds referenced therein. 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Kfr k ~k ° 9. .°6 ~ S•b~o ~~et' of ~Afi~~~t~ta~~ L~~ f E~HI~rT - ~ CST ~F DEI~T~~ AE~,ATI~N ALAN FAR A~~-~~0 ~ I~~1~s o~ D~ntan I. AREA A.1~NE~ED The anr~exatian area is located in the southern pardon of Demon's Extraterritorial Jurisdiction and cantalns approximately 1199 acres generally located to the north of Lapp 28s, west of Locust street ~F.11~1. 21G4}, south of Nrilam Road and east of Bonnie Brae street. ~I. ~~VTR~TI~JCTION This service plan has been prepared in accordance with the Texas Local avernment Code, Sections 43.021, 43,~~5, and 43.~~b}-~a} ~~ernon 1999, as amended}. 1Vlunicipal facilities and services to the annexed area described above will be provided or made available an behalf of the City ~n accordance with the following plan, The City shall provide the annexed tract the levels of service, infrastructure, and infrastructuxe maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD ~'ALOREIVI ~PR~P~~iTY ~VVNE~~ 'pA~ EIiVICE ~ollce Protection, and Animal Control Falice service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Cade enforcerr~ent and animal control services gill also be provided to the property upon the effective date of the annexation. B, Fire Protection Fire protection within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estirrlated emergency response tune in this area is 3. ~ minutes, which i similar to responses far surrounding properties within the city limits. The City of Denton will provide emergency medical services ~"EMS"}. C, Loads and streets Roads and streets, which have been properly platted, duly dedicated} and accepted by the City of Denton and~or Denton County shall be maintained by the City of Denton an the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the .City of Denton on the effective date of the annexation. 1 i 3 D, Parks and recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the ZaO~ Parks and Recreation Master Flan. Na parks are currently located within the proposed annexation area. Denton nelghborhood park facilities are within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library erviees Library services will be nude available on the effective date of the annexation on the same bases and at the same level as similar library facilities are rna~ntained throughout the city. Building inspections and Consumer Health services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the sarue Ievel as similar facilities are maintained throughout the City. Both services are provided on a "cast recovery" basis, and permit fees offset the casts of services delivered. Incomplete construction must obtain building permits firam the Building Inspections Department of the City of Denton. Planning and Development services Planning and development services will be made available on the effective date of the annexation, The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regulations, City Council adapted The Denton Plan, the city's 1999-2~2D comprehensive plan, by Ordinance 99-~39 on December 7, 1999. The future Land Use Plan addresses both land in the city and its I~TJ, and the subject tract is within the Neighborhood Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving f loodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. ~V. UTILITY RATEPAYER LRVICE A. valid waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The City Ordinance requires solid 2 Waste services for all residences and commercial businesses located in the City, The City of Denton Solid waste Department is fully funded through the service fees charged, and receives no funding from city taac revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the pity of Denton stainer Service office, 94~-349-87$7, and submit a requestlapplicatian for service. ~ammercial customers are required to complete and submit a Service Agreement to Salad waste customer service prior to receiving service. Residential Solid waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse carts} at the curb prior to 7:40 a.m. on their collection day. darts should be placed at the curb for collection no earlier than ~:aa p,rri. the evening prior to their collection day. darts are to be removed from the curb no later than ~;Oa a.m. on the day fallowing their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. weekly yard waste service is provided. Weekly bulky item collection service is pravided, weekly curbside recycling services are provided by Trini waste ervices. Contact Trinity at 1-$00~7G~-1758 to obtain curbside recycling Ln arn]atlan, Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur on Monday of each week. Please telephone ~ustamer Service, 4a-349-8787, to answer any remaining questions, and sign up for service. Carrimercial Refuse Service Each commercial business will be provided with a commercial cantainer~s~, which are available in a variety of sues and frequencies of collection, based on the waste type and volume generated, All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected, Refuse placed outside the container ~ subjcct to Cade enforcement regulations, including potential fines. i i Landfill Service The City of Denton solid Waste l~andf ill hours a` op~r~tian are 7:aa a.m. to 400 p.rn. Monday through Friday; and ?:00 a.tn. to I2:a0 p.m, on Saturdays. Far information regarding disposal charges, call the Landfill Office at 940-X49-751D. B. V4~aterlwastewater facilities Maintenance of water and wastewater facilities in the area to be anne~ced that rfot wlth~n the service area of another water ar wastewater utlllty will begin upon the effective date of the annexation using existing personnel and equipment, water service is available from 3~ inch water transrr~isstan pipeline located slang the north side of Laop X88. The Developer will be required to extend water service from this main to serve the property. Line extension requirements and lines sizes gill be determined during the preliminary platting phase of the pro~ec#. Due to the size of this project, a water distribution system model will be required as a part of the preliminary plat application process. The City will requixe a developer agreerr~ent for extension of water utilities to service this development, A new sewer line to serve the proposed develaprr~ent will be required see Exhibit "B"}. The City gill provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that ~s comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to thaw reasonably contemplated ar pro j ected in the area. drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of dxainage services, infrastructure} and infrastructure maintenance that is comparable to the level af' services, infrastn1cture, and infrastructure maintenance available in other parts of the city with topography, land use, and papulatiQn density similar to those reasonably contemplated or projected in the area. l~. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service gill be made available on the effective date of the annexation on the same basis and at the same level as sirr~ilar facilities are maintained throughout the city, Denton M~.nicipal Electric is the current electric service provider for this site. ETHER SER~IOE Other services that may be provided by the City, such as municipal and general administration will be_; made available on the effective date of the annexation, The City shall provide a level of services, infrastructure, and 4 I f infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in ether parts of the City with topography, land use, and population density similar to those reasonably cantemplated or pro~eeted in the area. VI, CAPITAL IFR~VEMENT PRORAIV~ ~C'IP~ Na new constriction of additional water, street, and drainage fac113t~es cantemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Anew sewer line and pump station construction will be required to serve the develaprr~ent see Exhibit The construction of the proposed sewer system will be governed by a waterlsewer use agreement currently under development and negatiatian with the property owner. Thus, na construction of public impraven~ents except sewer is contemplated as a result of this annexation that would begin within two and a half ~2 years after the effective date of the annexation. The City shall consider construction of other public irnprovernents as the needs dictate an the same basis as such public improvements are considered throughout the City far areas ~ having similar characteristics of topography, land use, and population density. VII, UN~FDRNI LEVEL ER~V~E l1~AY NAT BE REUIR~D Nothing in this plan shall require the City to provide a uniform level of full municipal servzces to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid far a term of ten ~1~} years. Renewal Qf the service plan shall be at the discretion of City Council I~, AIVIENDMENT The service plan may be amended if the City Council determines at a public hearing that changed canditiaris or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to confirm to the changed conditions ar subsequent occurrences pursuant to Texas Local Government Code, section 4.~~~ ~Vernan Cupp. 200}. 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