Loading...
HomeMy WebLinkAboutDecember 11, 2007 AgendaAGENDA CITY OF DENTON CITY COUNCIL December 11, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, December 11, 2007 at 4:30 p.m. in the City Hall Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with the City's Attorneys -Under Texas Government Code, Section 551.071 1. Consultation with the City's attorneys to discuss legal issues associated with City's biodiesel production, and litigation involving same. B. Consultation with the City's Attorneys -Under Texas Government Code Section 551.071; and Deliberations regarding Real Property -Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from Staff, and provide Staff with direction pertaining to the purchase price of, the possible terms of sale of, and valuation issues respecting the acquisition of an approximate 0.278 permanent water easement and an approximate 0.197 acre temporary construction easement, both located in the Asa Hickman Survey, Abstract No. 521 in the City of Denton, Denton County, Texas, and being located along the north side of Roselawn Drive. Consultation with the city's attorneys regarding legal issues associated with the necessary easement acquisition for the above easements, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas; or would jeopardize the City's legal position in any administrative proceedings or potential litigation involving said real property. (Roselawn Drive Water Line Project) ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET S~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda December 11, 2007 Page 2 At 6:00 p.m., the City Council will attend a reception for Joe Roy in the City Council Work Session Room. Regular Meeting of the City of Denton City Council on Tuesday, December 11, 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 state under God, 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). 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 - K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider approval of a resolution of the City of Denton, Texas authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the city of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. The Airport Advisory Board recommends approval (7-0). The Mobility Committee recommends approval (3-0). B. Consider adoption an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for nonresidents and students and for limited access punch cards; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. The Library Board recommends approval (6-0). City of Denton City Council Agenda December 11, 2007 Page 3 C. Consider adoption of an ordinance accepting requests for proposals and awarding a contract for the purchase of Long and Short Term Disability Benefits for the City of Denton Employee Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 3921-Long and Short Term Disability Benefits awarded to UNUM Life Insurance Company of America with a cost of $0.31 per $100 of payroll per month, for an estimated annual cost of $172,954). D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the landfill gas extraction wells, gas collection system, and installation of gas flares at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3692-City of Denton Landfill Gas Collection System awarded to Shaw Environmental and Infrastructure, Inc. in the amount of $1,265,514). The Public Utilities Board recommends approval (5-0). E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Morse Street Channel Improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 3 847-Morse Street Channel Improvements awarded to Laughley Bridge and Construction, Inc. in the amount of $1,049,766). (The Public Utilities Board will consider this item at the December 10 meeting.) F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the replacement of chilled water piping for the City of Denton Municipal Building, Civic Center, and Emily Fowler Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3923- Chilled Water Piping Replacement awarded to Brandt Engineering in the base bid amount of $448,041 plus an estimated Emergency Recovery Plan allowance of $25,000 for a total not to exceed $473,041). G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of PGAL to provide architectural design services for the city of Denton Public Safety Training Facility; authorizing the expenditure of funds therefore, and providing an effective date (RFSP 3859 in an amount not to exceed $1,496,935). H. Consider adoption of an ordinance amending the Tax Abatement Agreement with Fastenal Company to extend the construction deadline; and providing an effective date. I. Consider adoption of an ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document Number 94-R0001091 in the real property records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easements through agreement or eminent domain; and providing an effective date. (Roselawn Drive Water line Project) City of Denton City Council Agenda December 11, 2007 Page 4 J. Consider approval of a resolution re-establishing a standing committee of the City Council of the city of Denton for council appointee performance reviews; appointing the members of the committee; and providing an effective date. K. Consider adoption of an ordinance extending the term of the employment agreement between the City of Denton and Edwin M. Snyder as the City Attorney of the City of Denton; and providing an effective date. 4. PUBLIC HEARINGS A. Continue a public hearing and consider adoption of an ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The tract of land is located on the east side of Country Club Road, approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning Commission recommends approval (3-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL DUE TO PROPERTY OWNER OPPOSITION. B. Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow a drive through facility in conjunction with a pharmacy. The approximately 3.805 acre site is located within a Downtown Commercial General (DC-G) zoning district. The property is located between Oak Street and Hickory Street and between Fry Street and Welch Street. (507-0002, Fry Street Village) The Planning and Zoning Commission recommends approval (5-1). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on second and final reading, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 1018 acres. The property to be annexed is generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 3 80. (A07-0005, Clear Creek Natural Heritage Area Annexation) The Planning and Zoning Commission recommends approval (5-0). B. Consider adoption of an ordinance on second and final reading under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 0.123 acres of land. The property to be annexed is generally located northeast of F.M. 2181 / Teasley Lane, west of Old Alton Road. The property is legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County. (A07- 0004, Wild ll~lustang Crossing Annexation) The Planning and Zoning Commission recommends approval (5-0). C. Consider an appeal of the Planning and Zoning Commission denial of a hardship variance request. A hardship variance was requested to Subchapter 35.20.2.L. of the Denton Development Code regarding the requirement for perimeter road improvements. The approximately 2.6-acre property is located at the southwest City of Denton City Council Agenda December 11, 2007 Page 5 corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General (DC-G) zoning district. The Planning and Zoning Commission denied the variance (3-2) on October 24, 2007. (V07-0016, T. Garcia Office Building -Road Improvements) D. Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the north side of Scripture Street from its intersection with Bryan Street to its intersection with Ponder Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (8-0). E. Consider nominations/appointments to the City's Boards and Commissions. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jennifer Cole regarding follow-up on drilling in the ETJ and Reichmann Petroleum. B. Jana DeGrand regarding follow-up on drilling in the ETJ and Reichmann Petroleum. G. New Business and Announcements This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. H. City Manager's Report I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. 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 1N 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: December 11, 2007 DEPARTMENT: Transportation Operations, Air ort ACM: Howard Martin, 349-8232 .. SIIR,TF,CT Consider approval of a resolution authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. The Mobility Committee recommends approval (3-0). BACKGROUND As part of the continued airport development program outlined in the 2003 Airport Master Plan, TxDOT is offering an opportunity to receive 90/10 grant funds to be applied to the design phase of the southeast taxiway extension and the reconstruction and widening of Taxiway J, also known as Lockheed Lane. The new taxiway will provide taxiway access from the runway to the undeveloped southeast quadrant of the airport. The project will also reconstruct and widen Taxiway J. The reconstruction will provide for more weight bearing capacity on the taxiway and more wing span clearance to accommodate larger aircraft utilizing the existing hangars in that area of the airport. The Texas Department of Transportation (TxDOT) has requested that the City of Denton submit a resolution of intent demonstrating the City's desire to request funds in the amount of $150,000 for the design of taxiway access to the southeast quadrant of the airport and the widening of existing Taxiway J (Lockheed) in 2008 with construction to begin in 2009. The City's match will be ten percent ($15,000) for the design phase of the project and ten percent ($148,000) for the construction phase of the project. The proposed resolution is viewed by TxDOT Aviation as a grant application. As stated above, if approved, the grant will obligate the City to ten percent ($163,000) of the total project. ESTIMATED SCHEDULE OF PROJECT The resolution would become effective upon adoption by the Denton City Council. PRIOR ACTION/REVIEW The City Attorney has reviewed and approved the proposed resolution. The Airport Advisory Board voted to approve the recommendation by 7-0 at the November 7, 2007 Airport Advisory Board Meeting. The Mobility Committee voted to approve the recommendation by a vote of 3-0 at the December 4, 2007, Mobility Committee Meeting. FISCAL INFORMATION The resolution outlines the intent of the City of Denton to participate in ten percent of the design cost in the amount of $15,000 in 2008 and ten percent of the construction cost in the amount of $148,000 in 2009. The total project cost including design and construction is estimated by TxDOT to be $1,630,000. EXHIBITS 1. Draft Resolution 2. Site Map 3. Draft Airport Advisory Board Minutes 4. Draft Mobility Committee Meeting Minutes Respectfully submitted: Tim E. Whitman, Airport Manager 2 s:lour doGwnet~t~l~csalutio~~1071r~s~lu~ion txdot southeast taxiway.doc EXHIBIT 1 RE~LUTI~N ND~ A RE~L~TIDN AL~THDRI~INC~ THE CITY MANA~rER, ~~ HIS DESIGNEE, AS DENT~~I'S AUTHORISED REPRESENTATIVE, TO ADEPT ~~ BEHALF DF TIDE CITY DF DENTON AN OFFER FRDM THE TEXAS DEPARTMENT OF T.ANPDRTATION {TxD~T~ RELATING TO A GRANT POR CERTAIN iIVIPRO~EMENTS TO THE DENTON MI~NICIPAL AIRPORT; OONFlRNI1N AGREEMENT T PA.Y A PORTION OF THE TQTAL PROJEOT COSTS; AND PR~IDIN AN EFFEOTiE DATE, WHEREAS, the Oity of Denton, Teas, intends to made certain improvements to the Denton Municipal Airport; and ~EREA, the general description of the project is described as engineering and cortructien for taxiway reconstruction and widening, and construction of a ne~v taxiway to provide access to the runway from the southeast quadrant at the Denton Municipal Airport {the `Proj ecl~~ and WHEREAS, the City of Denton Intends to request financial assistance from the Teas Department of Transportation ~TxDOT} far the Praj ect; and WHEREAS, the pity of I]enton will be responsible for 1 ~°I~ of the total Pro j eet cost, currently estimated to be ~1,0~~ for the engineering in Fiscal Year ~~~5 and ~~~,~~~ for contruuctian in Fiscal Year Z~09; and V~HEREA, the pity of Denton names the Texas Department of Transportation {TxDOT} as its agent for purposes of applying far, receiving and disbursing ail f~ulds for these improvements grid for the administration of contracts necessary far the implementation of this Pro j ect; ND~V, TI-IEREFDRE, THE OUNIL OF THE YTY OF DENTON HEREBY RESDLV~ES: SECTION 1, The pity council of Denton, Texas, hereby directs the pity Manager, or his designee, to execute an behalf of the pity of Denton, at the appropriate tune, and with the appropriate authorisations of this governing body, all contracts and agreements v~ith the State of Texas, represented by the Texas Department of Transportation {TxDDT~, and such other parties as shall be necessary and appropriate for the irr~plementation of the Project and related improvements at the Denton Municipal Airport, SECTION This resalut~on shall become effective ~mn~ed~ately upon its passae and approval. PASSED AND APPR.DED this the ~ day of _ _ ~, Z~Q7~ PERRY ~. McNEILL, MAYOR s:lou~ documerrtslresolutions1071resolution trot southeast taxir~ay.doc ATTET~ JENNIFER WALTER., QTY SECRETARY ~~: AFPRO~"ED A. TO LEGAL ~'OR; Ei~IN NI. SNYDER, OITY ATTORNEY ~Y: PAGE ~ 9M0'LO-SO-4 1191HX3\MtlHO\1N30-9801\ON113X?JtlN\~W o ~ z r w W LL N ~ Q (` r I I ~ Z ~ o w w v a ~ m N S m = c7 i z z g X 3 o s W ? F N k z ~ w o o w o > x a - o`m~°p `o as v~ u, ai c > m _ c ~ ~ N ._- ~ ° ; N ~ ~ a N c t~ o ' o n N wo v" > o EoE'~dNaon ° 'N N 3 U-° Er ~~ N~ a a°m`m5 E~ 32•. N m ~ m m~ v m E v._vvdnc a w m V! I WZ ZW J . ~ Q O ~W ~~ WW ~~ 02 ~~ 0~ ~0 w~ w Q z W w J Q U~ Z~ ~0 ~~ z~ OQ z w 0 w Q U w 0 tt a z 0 r m m ,. o Z m~ o N> o Z w Y p~ W W ~ Y O ~U1 t~ III W F a 0 0 Y U } m O N > f1 Y ll Q EXHIBIT 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT MINUTES AIRPORT ADVISORY BOARD NOVEMBER 7, 2007 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on Wednesday, November 7, 2007 at 5:30 p.m. in the Denton Civic Center Building in the Community Room at 321 East McKinney, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Woolfolk, Vice Chairman Dr. Smith, Mr. Brewer, Mr. Brown, Mr. Clark, Mr. Eames, and Dr. Kristoferson. BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: Tim Whitman, Airport Manager, Julie Mullins, Administrative Assistant, Mark Nelson, Chief Transportation Officer, Lori Shelton, Planning Department. PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group. ITEMS FOR INDIVIDUAL CONSIDERATION Make a recommendation to City Council for approval of a Resolution of the intent of the City of Denton notifying the Texas Department of Transportation Administration of the City's intent to make certain improvements at the Denton Airport and its intention to request financial assistance from the Texas Department of Transportation (TxDOT) for these improvements and naming the TxDOT as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements and hereby directing the City Manager to execute on behalf of the City, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the TxDOT, and such other parties as necessary and appropriate for the implementation of t e improvements. Mr. Whitman explained to the Advisory Board that the Airport has a Grant offer from TxDOT in the amount of $150,000 for the design of a new taxiway that will give access to the southeast quadrant of the Airport as well as widen and reconstruct taxiway J also known as Lockheed. The construction phase of the project would take place in 2009 at a cost of $1,480,000 with the City's 10% match being $148,000. TxDOT would act as the City's agent on the project, as is customary for TxDOT to do since Texas is a block grant state. Airport Management's recommendation is for Council to accept the grant offer and move forward with the project. Dr. Smith made a motion to request Council to pass a Resolution of intent to accept the funds from TxDOT and construct the project. Mr. Brewer seconded t emotion. Motion carried 7-0. EXHIBIT 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT MINUTES City Council Mobility Committee Tuesday, December 4, 2007 After determining that a quorum of the Mobility Committee of the Denton City Council was present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday, December 4, 2007 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, Texas. Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery Also Present: George C. Campbell, City Manager Howard Martin, ACM Utilities Jim Coulter, Director Water Wastewater Utilities Mark Nelson, Transportation Director Tim Whitman, Airport Manager John Polster, ITS Rachel Connell, NASCO Frank Conde, NASCO 3) Consider a recommendation to City Council to approve a resolution authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date (Airport Board approved 7-0). Mark Nelson called on Tim Whitman, Airport Manager to present this item. Whitman stated that this grant supports the Master Plan and would provide the opportunity to construct a new taxiway on the southeast side of the airport. The new taxiway will give the ability to develop the southeast corridor of the airport, which is badly needed and will also provide the opportunity to refurbish the existing Juliette taxiway. Whitman stated that widening and reconstructing that taxiway will allow more weight bearing capacity for aircraft currently utilizing that area. Staff is asking for a resolution to demonstrate the commitment and to request funding from TxDOT. The first phase of the project will be the design portion with a local match of $15,000 which has been identified in this year's budget. It would also commit the City to a construction phase which will require $148,000 in matching funds in 2009. Staff recommends approval as does the Airport Advisory Board voting 7-0 for approval. Mayor McNeill recommended that staff look at gas well funds to provide the matching $148,000 funding for the construction phase. Mayor McNeill motioned to recommend approval with a second from Council Member Montgomery. The motion was approved by a 3-0 vote. The meeting was adjourned by consensus at 3:07 p.m. AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Library System ACM: Fred Greene ~TIR.TF,CT Consider adoption of an Ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for nonresidents and students and for limited access punch cards; providing for a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. BACKGROUND On June 20, 2006, the Denton City Council approved Ordinance No. 2006-172, which established fees for full access library cards for nonresidents and students and for limited access punch cards. Since passage of this ordinance, an additional amendment has been requested by a teacher employed by the Denton Independent School District (DISD), who lives outside of the Denton Clty 11m1tS. The nonresident teacher would like to purchase a full access card, just like nonresident students are currently allowed to do. Although DISD could not delineate the number of teachers from their Employee Count by City (see Attachment A), the Director of Libraries knows that out of the 3,189 DISD employees, approximately 1,167 of said persons do not live in Denton. After discussing this issue at the November 2007 Denton Library Board meeting, members unanimously agree to recommend to Council the following amendment: To allow a nonresident individual who is currently employed as a teacher by a formally recognized or accredited public, private or parochial school to purchase a full access library card for thirty dollars ($30.00). RECOMMENDATION The Director of Libraries recommends that the City Council amend Article V, of Chapter 2 of the City Code to allow teachers to purchase a full access library card for $3 0.00. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At their monthly meeting on November 12, 2007, the Denton Library Board unanimously voted (6-0) with one member absent, to approve the amended Ordinance. EXHIBITS DISD Employee Count by City Ordinance Respectfully submitted: Eva Poole Director of Libraries Employee Count by City Date: 11/16/07 City Count ALEDO 1 ALLEN 1 ARGLE 1 ARGYLE 56 ARLINGTON 2 AUBREY 114 AUBREY ST 1 AURORA 1 AUSTIN 1 BARTONVILLE 5 BEDFORD 1 BOYD 1 BRIDGEPORT 1 BRYAN 1 CARROLLTON 12 CEDAR HILL 1 CELINA 6 CH ICO 1 COLLINSVILLE 2 COPPELL 3 COPPER CANYON 3 CORINTH 219 CORSICANA 1 COUPLAND 1 CROSS ROADS 8 CROSSROADS 10 DALLAS 10 DECATUR 8 DENISON 2 DENTON 2022 DETON 1 DOUBLE OAK 3 ERA 1 EULESS 2 FARMERS BRANCH 3 FLOWER MOUND 40 Page 1 Employee Count by City Date: 11/16/07 City Count FORESTBURG 3 FORT WORTH 7 FRISCO 23 FT WORTH 4 FT. WORTH 1 FT.WORTH 1 GAINESVILLE 13 GARLAND 1 GRAND PRAIRIE 2 GRAPEVINE 3 HAMILTON 1 HASLET 8 HICKORY CREEK 6 HIGHLAND VILLAGE 13 H U RST 2 IRVING 4 JUSTIN 16 KAN SAS C I TY 1 KELLER 13 KINGWOOD 1 KRUGERVILLE 6 KRUM 74 LADONIA 1 LAKE DALLAS 24 LAKE KIOWA 3 LANTANA 21 LEWISVILLE 65 LINDSAY 1 LITTLE ELM 38 LOS INDIOS 1 MANSFIELD 1 MCALESTER 1 MCKINNEY 18 MONTAGUE 1 MUNSTER 1 N RICHLAND HILLS 2 Page 2 Employee Count by City Date: 11/16/07 City Count NEUVARK 1 NORTH RICHLAND HILLS 1 OAK P01 NT 15 PARIS 1 PILOT POINT 21 PLANO 5 PONDER 28 PROSPER 2 PROVIDENCE VILLAGE 22 PROVIDENCE VLG 3 RHOME 3 RICHARDSON 2 ROANOKE 13 RUNAWAY BAY 1 BANGER 81 SAVANNAH 13 SHADY SHORES 23 SHERMAN 1 SLIDELL 1 SPRINGTOWN 1 THE COLONY 5 TIOGA 1 TROPHY CLUB 1 VALLEY VIEW 14 WHITESBORO 2 WILDWOOD 1 Page 3 s:~our d~cumentslordin~rces10711ib~a~y amendment,doc ORDINANCE N0. AN ORDINANCE AMENDING ARTICLE , LIBRARY, ~F CHAPTER ~F THE CITY CODE ESTABLISHINCr ~PERATINCs POLICIES AND FR~CEDURE; ESTABLISHING FEES FCR FULL ACCESS LIBRARY CA.RI)S FAR NON-RESIDENTS AND STUDENTS AND FOR LIMITED ACCESS PUNCH CARDS; FRO~IDIN ~ SEVERABILITY CLAUSE; PROIDINC~ FDR A PENALTY FOR EACH VIOLATION NAT TO EMCEED ~0; PROVIDING FOR A AINC~S CLAUSE; AND PRO~IDINC~ FDR AN EFFECTIVE DATE. WHEREAS, the City Manager and the Director of Libraries have recon~umended certain changes to Article "Library" of Chapter ~ of the City Code regulating the purchase of full access and limited access punch cards, and rnakin certain other changes regarding charges for ~~ library cards for students and certalnaon-residents; and wHEREA.S, the City Council has determined that these changes to Article ~ "Library" of the City Cade are in the public interest; New, THEREFORE, THE COUNCIL DF THE CITY DF DENTON HEREBY ~RDA~NS: SECTION 1, Sections 2-157 of Article ~ Library, of Chapter ~ of the City Cade are hereby amended to read as follows: ARTICLE ~, LIBRARY DIVISION 1. ~N~RALLY Sec. 2-17. Library cards. An adult applicant is eligible for a library card free of charge upon mal~ing proper ; application if they reside within the city limits of the City of Denton, Texas, City employees and nan-residents who awn real property within the city Limits and non-residents who operate a .. business within the City limits and who render business personal property for ad valorem taxes and who pay those tapes will also be eligible to obtain ~. library card free of charge An annual non-resident fee of fifty dollars ~$~~.~~} shall be charged far thane living outside of the city llrnits of Denton., Texas who wish to purchase full access to library services. The non-resident fee will be charged per household and not per person. The nen-resident applicant shall have the . burden of proving real property ownership, rendition and payment of personal property taxes far taxation purposes and household membership which will be determined by proof of residency. A nonresident individual who is currently enrolled full time in grades 1 through 1 ~ ar ernployed as a teacher by a formally recognised or accredited public, private or parochial school or who is being hone schooled in accordance with the require~.ents of the Teas Education Code may purchase full access to library services for thirty dollars ~a.~~}. University, college, con~rnunity college and other students not meeting this criteria are not eligible for this card. Limited access punch cards which allow nonresidents to barrow up to 15 items may be purchased for ~.fteen dollars ~$1 ~.a~} and those which allow nonresidents to barrow up to 3~ ~. ~:lqur ~ocumentsl0rd~nanc~sl~?1Library Am~n~ment.doc items any be purchased for twenty dollars ~$~a.0a~ per year. The annual fee nay be amended and changed by the city council as ~s deemed necessary. ECTr~N ~. A person violating a provision of this ~rd~nance may be fined up to a maximum fine of five hundred dollars ~~~0,~~}. A person is guilty of a separate offense far each day or p of a day during which the violat~o~. is committed, continued or permitted. ECTIDN 3, ~f any provision of this ordinance or the application thereof to any person or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the pro~.sion of this ordinance are severable. SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not ~n conflict with the prov~s~ons of this ordinance, shall remain in full foxce and effect. 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~Chranicle, a daily newspaper published in the City of . , Denton, Texas, within ten X10} days of the date of its passage. PASSED AND APARO~ED this the day of _ _, ~aa~. PERRY ~. I~IcNElLL,1V~YOR ATTEST; JENN~'ER. ALTER, CITY SECRETARY BY: APPRD~'ED AS TO LEGAL ~`OR: EDw1N ll~. NYDER, CITY ATTORNEY r ~Y: Page ~ af2 AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 Questions regarding this report maybe directed to DEPARTMENT: Finance/Risk Management Scott Payne at 349-7836 ACM: Jon Fortune ~TIR.TF,CT Consider adoption of an ordinance accepting requests for proposals and awarding a contract for the purchase of Long and Short Term Disability Benefits for the City of Denton Employee Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 3921-Long and Short Term Disability Benefits awarded to UNUM Life Insurance Company of America with a cost of $0.31 per $100 of payroll per month, for an estimated annual cost of $172,954). BACKGROUND The City purchases Long-Term Disability (LTD) Insurance for all regular, full-time employees. The purpose of this insurance is to provide employees with temporary income replacement in the event that the employee should have anon-work related illness or injury that lasts longer than 90 days. In addition, the City provides all regular, full-time employees the option of purchasing Short-Term Disability (STD) Insurance, paid for 100% by the employee. This allows employees, especially new hires, without sufficient sick or vacation time to bridge the gap to the LTD coverage in the event of a personal illness or injury. The City has been insured with UNUM Provident for LTD Insurance since 1999, and added the benefit option of STD Insurance in 2000. The current contract with UNUM expires on February 1, 2008. Through Request for Proposal (RFP) #3921, the City of Denton received eight (8) proposals for LTD and nine (9) proposals for STD coverage. Working with the City's consultant (McGriff, Seibels and Williams), staff evaluated and analyzed the following proposals: Hartford quoted $0.35 per $100 of payroll for LTD with an estimated total annual cost of $223,166. Hartford will begin providing the City's group and supplemental life benefits on January 1, 2008. INGlReliaStar quoted $0.30 per $100 of payroll for LTD with an estimated total annual cost of $167,375. Lincoln Financial quoted $0.37 per $100 of payroll for LTD with an estimated total annual cost of $206,429. Agenda Information Sheet December 11, 2007 Page 2 MetLife quoted $0.29 per $100 of payroll for LTD with an estimated annual cost of $161,796. Reliance Standard quoted $0.325 per $100 of payroll for LTD with an estimated annual cost of $181,323. The Standard quoted $0.36 per $100 of payroll for LTD with an estimated annual cost of $200,850. Transamerica Worksite Marketing provided a quote for STD benefits only. Unimerica Insurance Company quoted $0.29 per $100 of payroll for LTD with an estimated annual cost of $161,796. UNUM (incumbent) quoted $0.31 for LTD per $100 of payroll for LTD with an estimated annual cost of $172,954. Our current contract with UNUM provides for a rate of $0.40 per $100 of payroll for the LTD benefits. All the LTD responses quoted a rate that was lower than the current rate. The rates quoted by the bidders for the STD vary based on the age of the employee. However, the rates quoted by all but one of the bidders are less than the rates currently being paid by our employees for STD coverage through UNUM. RECOMMENDATION Staff recommends awarding a contract to UNUM Life Insurance Company of America. The LTD rate proposed by UNUM is 22.5% lower than our current rate and will save the City approximately $50,000 when compared with last year's premium cost. Additionally, the STD rates quoted by UNUM are approximately 20% (per age group) less than the rates currently being paid by our employees. Both MetLife and Unimerica proposed a slightly lower LTD rate of $0.29 per $100 of payroll (27.5% lower rate with an estimated annual savings of $61,320). However, the STD rate quoted by MetLife is approximately 19% higher than UNUM and the STD rate quoted by Unimerica is approximately 8.1 % more expensive than UNUM. UNUM had the lowest proposed STD rate for employee in the age groups of <25 through age 39 while The Standard had the lowest proposed STD rate for those employees in age groups 40 through 70+. However, The Standard's LTD rate was 16% higher or approximately $28,000 more expensive than UNUM. Additionally The Standard only provided a two (2) year LTD rate guarantee while UNUM guaranteed their LTD rates for three (3) years. As the incumbent, remaining with UNUM will provide continuity of coverage to the City and to the employees who have elected STD coverage. Having one carrier for both the LTD and STD coverages allows for better coordination of benefits for those employees that transition from Agenda Information Sheet December 11, 2007 Page 3 STD into LTD. UNUM is one of the largest providers of disability coverage nationwide and has an A.M. Best financial rating of A- (Excellent). The City's history with UNUM since 1999 has been very positive in the areas of claims management, benefit design, benefit administration and customer service. It is staff's opinion that awarding this contract to UNUM is the most advantageous to both the City and its employees. ESTIMATED SCHEDULE OF PROJECT The contract begins February 1, 2008, with a guaranteed LTD rate until February 2011 and a guaranteed STD rate until 2010. The City has the option for up to two additional one-year renewals, based on the City's loss history, employee demographics and enrollment. PRIOR ACTION/REVIEW On January 18, 2005, the City Council awarded atwo-year contract for Employee Long-Term Disability Insurance to UNUM Provident effective February 1, 2005. The contract allowed for one additional one-year renewal. The contract was renewed in 2007 and will expire on February 1, 2008. FISCAL INFORMATION Funds for LTD Insurance for FY 2007-08 have been budgeted in account 850500.6163. BID INFORMATION The RFP and Vendor List is available should Council wish to review them. F,XHTRTT~ Exhibit 1- RFP #3921 LTD/STD Summary Analysis Exhibit 2 -Ordinance Respectfully submitted: Scott Payne Risk Manager N .~ C Q (~ J M ~_ X W N C ~ N ~ C ~ ~ N (p ~ ~ v ~ ~ N ~ ~ I` M N CO I` ~ CO o0 CO C4 ° M M M M M M ~~ CO I` I` ~ ~ N N ~~ j ~ ~ 0 0 0 0 0 0 0 0 0 0 0 ~} ~ ~ OW ~ N {~}~}~}b~}6F}~/-}~}6~}6F}{~-}{~} ~ ~ N ~ ~ ~ J N C ~ N ~ ~ ~ ~ N N p V U ~~ N N ~ f` ~ C4 In 0 ~ 00 O ~ M M N (n Q 0 • ~ ~ M ~ M M M ~ ~ CO f` 00 00 O ~ ~ N N ~ ~~ o Z ~ ~ 0 0 0 0 0 0 0 0 ~ 0 0 0 ~} ~ ~ OW ~ M {~} {~} {~} b~} f~} f~} {~} d } f~} f~} f~} ~ ~ N ~ ~ ~ ~ ~ J N +~ ~ ~ N ~ ° ~ C ~ ~ v ~ N (A N ~ ~ O M N o0 M CO M O N 07 N CO f` f` CO 00 C4 00 N (n Q ~ ~ ~ ~ ~ ~ ~ A N N O z ~ ~ 0 0 0 0 0 0 0 0 0 0 0 ~ ~ O ~ ~ ~ ~ J c~ ~ ~ p V v ~ ~ ~ ~ ~ M C4 N ~ ~ CO M ~ CO ~ ~ ~ N (n Q ~ •~ 0 ~ ~ M M M M M M ~ In (D I` f` ~ ~ N N ~~ Z > > ~ 0 0 0 0 0 0 0 0 0 ~ 0 0 ~} ~ ~ OW ~ N {~} {~} {~} ~} ff} {~} {f} (f} fi } {~} {f} ~ ~ N ~ ~ ~ ~ ~ J N C ~ N ~ ~ ~ ~ N O ~ ~ ~~ ~ ~ ~ ~ O O M ~ M f` N N N ° N fn Q ~ •~ C N Q ~ ~ ~ M ~ ~ ~ CO 00 O O ~ > > ~~ Z ~ Z 0 0 0 0 0 0 0 0 ~ 0 0 0 ~} , , O t~ {f} {f} {f} b~} {f} {f} {f} d } {f} {f~ {f} ~ ~ N W ~ ~ N ~ ~ J J Q W Z W Z W V N ~ . _ C 0 N ~ .. ~ , ~, ~ , ~~ ~ ~ O •~ ~ N O ~ ~ a ~ m W ~ N X (~ ~ ~ O O ~ ~ L N ~ N ~ ~ ~ N C 3 ~> O~ O~ O~ O~ O m ~, ~ O . X O ~ ~ o ~ N M M ~ ~ ~ ~ CO CO + U ~ ~ ' - W +~ ~ ~ N In 0 In 0 In 0 In 0 In 0 ' •N N ~ ~ , (6 ~ ~ ~ V N M M ~ ~ In lt ) CO CO f` 0 N .N _~ (~ C Q (~ J N p M i ~_ X W N C N ~ ~ ~ ~ W N O U U ~ ~ ~ ~ CO O In ~ I` O to 00 ~ O O o O N (n Q ~ o ~ ~ M M M M M M ~ ~ f` M M t9 ~ ~ z > > ~ ~ ~ ~ N 6F} ~} E~} b~} 6F} ~} E~} (f} 6F} f~} {f} ~ ~ ~ ~ ~ O ~ ~ N N O J N C N ~ ~ • C ~ W ~ .v U ~ ~ ~ O O tD M ~ N ~ 00 f` I` f` c p N U (n Q N C ~ ~ ~ ~ ~ ~ ~ ~ ~ N M 00 N M M 00 M N ~ ~ (0 ~ CO ~ C4 ~ ~ ~~ ~ z O ~ 0 0 0 0 0 0 0 0 0 0 0 b~} Q p N {~} ~} ~} b~} 6F} ~-} f~} ~-} 6F} f~} {~} ~~ ~ ~ O ~ ~ N N O J p ~ ~U ~ ~ ~ Ln 0 0 0 In 0 0 0 0 0 0 p .v U fn Q ~ N N ~ Ln M 0 M ~ M ~ M f` M O M Cfl 00 ~ X f` 0 00 0 00 ~ N ,~ ~ j ~ ~ c0 ~ N N O z > 0 0 0 0 0 0 0 0 0 0 0 ~ ~ O ~ e ~ ~ r ~ J N ~ N ~ ~ ~ ~ C ~ (A ® O _ U ~ U U L ~ ~ ~ ~ ~ O M M f` ~ M ~ ~ O M M o O N (~ Q W o ~ ~ N M ~ M M ~ ~ ~ CO f` 00 00 to ~ ~ O z ~ ~ ~} , + ~ N {f} {f} ~} bg {f} {~-} ~} ~-} d} {~-} {f} ~ ~ ~ ~ N ~ ~ J ~ N . _ C 0 y ~ ,~ ~, ~, ~ ~~ a~ ~ ~ O •~ ~ N p d d a Q m ~ ~ N X (~ ~ ~ O O ~ ~ ~ N ~ N ~ ~ ~ % ~ ~ > O ~ O ~ O ~ O ~ O m ~, ~ O . X C O ~ ~ o ~ N M M ~ ~ ~ ~ cD C4 + U ~ ~ ' '~ W ~' ~ ~ N ~ O ~ O ~ O ~ O ~ O •N t6 ~ ~ ~ V N M M ~ ~ ~ ~ CO CO f` ~ ~ ~ ~ 0 ORDINANCE N0. AN ORDINANCE ACCEPTING REQUESTS FOR PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF LONG AND SHORT TERM DISABILITY BENEFITS FOR THE CITY OF DENTON EMPLOYEE BENEFITS PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 3921-LONG AND SHORT TERM DISABILITY BENEFITS AWARDED TO UNUM LIFE INSURANCE COMPANY OF AMERICA WITH A COST OF $0.31 PER $100 OF PAYROLL PER MONTH, FOR AN ESTIMATED ANNUAL COST OF $172,954). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of individual and aggregate stop loss insurance in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 3921 LTNUM Life Insurance Company of America $0.31/$100 of payroll/month SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: 3-ORD-RFP 3921 AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Vance Kemler 349-8044. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the landfill gas extraction wells, gas collection system, and installation of gas flares at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3692-City of Denton Landfill Gas Collection System awarded to Shaw Environmental and Infrastructure, Inc. in the amount of $1,265,514). The Public Utilities Board approved this item by a vote of (5-0). BID INFORMATION This bid is for a landfill gas extraction system, which will initially include 30 vertical gas wells, interconnecting piping, and a flare. A complete description of the project is included in the attached Public Utilities Board agenda information sheet (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 12, 2007 meeting. RECOMMENDATION Award to Shaw Environmental and Infrastructure, Inc. in the amount of $1,265,514. The apparent low bidder, Tri Con Works, L.P., did not meet specification due to clarifications submitted regarding the obtaining of permits, the cost for locating utilities and commitment to a 180-day completion schedule. A more detailed evaluation of bids submitted is included in the attached memo from SCS Engineers (Exhibit 3). PRINCIPAL PLACE OF BUSINESS Shaw Environmental and Infrastructure, Inc. Baton Rouge, LA STAFF COST ESTIMATE The engineer's estimate for this bid was $1,269,461. Agenda Information Sheet December 11, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The estimated completion date for this project is 180 days from the date of Notice to Proceed. FISCAL INFORMATION The project will be funded from job cost capital accounts using the following account numbers: Bond Fund Accounts 660021587.1360.40100- $ 507.00 660021588.1360.40100- $ 12,000.00 660021589.1360.40100- $388,000.00 660021590.1360.40100- $526,782.00 660021585.1360.40100- $338,225.00 Total $1,265,514.00 Requisition# 84841 has been entered in the purchasing software system. F,XHTRTT~ Bid Tabulation Public Utilities Board Agenda Information Sheet Memo from SCS Engineers Ordinance Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid #3692 Date: October 30, 2007 Landfill Gas System Construction Exhibit 1 Description Vendor Vendor Vendor Shaw American Tri Con Works Environmental & Environmental Infrastructure, Inc. Group Limited L.P. Place of Business: Baton Rouge, LA Richfield, OH Houston, TX Total Base Bid $1,265,514.00 $1,272,687.00 $1,129,354.16 Bid Bond Yes Yes Yes Addendum #1 Yes Yes Yes Exhibit2 PUBLIC UTILITIES BOARD AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE: November 12, 2007 DEPARTMENT: Solid Waste ACM: Howard Martin, 349-8232 ~T 1R.TF,CT Consider the approval of Bid No. 3692, submitted by Shaw Environmental and Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas extraction wells and the gas collection system, and the installation of a gas flare at the City of Denton's Landfill, in the amount of $1,265,514. BACKGROUND Solid waste disposed in a sanitary landfill undergoes biological, physical, and chemical changes. Among the most important of these changes is the biological decay of organic materials resulting in the generation of landfill gases. Methane and carbon dioxide are the two maj or landfill gases formed during the waste decomposition process. Per federal requirements, gas collection and treatment systems are required for sanitary landfills in order to recover the landfill gases, and prevent their migration into the atmosphere. Landfill gas collection systems are site specific, and will vary based on landfill field operations, waste composition, and landfill site development plans. Depending on the volume and quality of landfill gas produced, various recovery uses of the gas maybe developed, or the gas can be flared. In 2004, the City of Denton entered into a contract with DTE Biomass Energy for the development of a beneficial landfill gas project. The contract requires the City of Denton to install gas wells and the interconnecting system. Additionally it requires DTE Energy to extract and sell the landfill gas, or develop an electric generation proj ect. In December 2005, the City of Denton's landfill staff partitioned the State of Texas for a landfill permit modification to allow a landfill gas extraction system to be installed. The landfill permit modification was approved by the Texas Commission on Environmental Quality (TCEQ) in May 2006. In September 2006, SCS Engineers was contacted by the city to provide professional services to develop plans, specifications, and bid documents for the landfill gas extraction system, which will initially include 30 vertical gas wells, interconnecting piping, and a flare. Following the completion of this design work by SCS Engineers, the city bid the construction of the landfill gas collection system and flare. AI S -PUB Agenda Item #2 November 12, 2007 Page 2 of 2 Gas system construction bids were received from three construction firms. A summary of construction bids received is provided in Exhibit I. Bids were in a tight range, with a low bid of $1,265,514. The recommended bid is considered by city staff to be competitively priced, and provides for the construction of the gas collection system within 180 days. Flare delivery and installation may take longer. OPTIONS The PUB may recommend approval of the construction services contract with Shaw Environmental and Infrastructure, Inc., or they may recommend awarding the construction services proj ect to another contract bidder, or they may reject all bids. RECOMMENDATION The staff recommends awarding the landfill gas system construction contract to Shaw Environmental and Infrastructure, Inc., for construction of the landfill gas collection system as contained within Bid No. 3692. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The design and development of plans, specifications, and bid documents for the gas collection system was recommended by the Public Utilities Board at their meeting of September 25, 2006. DATE SCHEDULED FOR COUNCIL APPROVAL December 4, 2007 FISCAL INFORMATION The amount bid includes the construction of the landfill gas extraction wells and gas collection system, and the installation of a gas flare at the City of Denton's Landfill, totaling $1,265,514, which includes a 10% contingency of $115,047. If contingency funding is not required, construction cost will be reduced below the bid amount of $1,265,514. The project will be funded from job cost capital accounts using long term bonds, and from capital funding in the FY 2008 operating budget. Bond Funds 6600215 87.13 60.40100, 6600215 8 8.13 60.40100 6600215 89.13 60.40100, 660021590.13 60.40100 Budget Funds 660300.7839 EXHIBITS 1. Bid # 3692 Bid Summary 2. SCS Engineers Memorandum: Bid #3692 Landfill Gas System Construction Respectfully submitted: ,,, ~, `~. A. Vance Kemler General Manager, Solid Waste Services Exhibit 3 Solid Waste Management Consultants Offices Nationwide MEMORANDUM File No.16206030.00 October 31, 2007 1901 Central Drive 817-571-2288 Main Suite 550 817-571-2188 FAX Bedford, Texas 76021 www.scsengineers.com T0: Mr. David Dugger, City of Denton Landfill Manager FROM: David J. Mezzacappa, P.E., SCS Engineers SUBJECT: City of Denton Construction Bids Bid #3692, Landfill Gas System Construction Introduction and Bid Summary Per SCS Engineers' (SCS') Scope of Services with the City of Denton (City), this memorandum summarizes the bids received and opened on October 30, 2007 regarding Bid #3692, Landfill Gas System Construction. Three bids were received. The bidders and total bid amounts are summarized in Table 1. The bids were very close to the engineer's estimate provided to the city by SCS of $1,269,461 with Tri Con being the low bidder. Table 1 Bid summary American Shaw Tri Con Works, Environmental Environmental L.P. Group Limited & Infrastructure, Inc. Bid Amount $1,272,867.00 $1,265,514.00 $1,129,354.16 Unit Cost Comparison A table is attached to this memorandum comparing unit costs for the different bid items. Like the bids, the unit prices were relatively close among the bidders. Items 3 and 21 are highlighted in the attached table. Item 3 represents the drilling costs. Since soils have been added and drilling quantities will be increased, the item 3 unit rates were checked to make sure they were not overly inflated. It appears that this is not the case since all bidders were within the same range. The same is generally true of item 21, the blower, flare, and other equipment procurement. The Contractors were not required to provide their subcontractor bids, so SCS cannot evaluate the equipment bids to each Contractor. However, based on the calls received during the bidding F:1SharedlDepflUtility12007 PUB12007 PUB Agendas and PacketslNovember 12, 20071Item 2 -Bid 3692 Shaw Envrmtl Landfill Gas ExtractionlEx 2 Landfill Gas System Construction Project -11 12 0 Offices Nationwide EXHIBIT 2 Mr. David Dugger October 31, 2007 Page 2 process, discussions during the pre-bid meetings on different vendors, and the Contractor's general obligations outlined in the specifications regarding the procurement of the equipment for this project, this is not foreseen as a problem. Bidder Competency SCS is familiar with each of the Contractors who submitted bids and can verify that each is qualified to perform the proposed work. Construction Schedules Tri Con and American Environmental both included schedules with their bids and each schedule showed the project as being completed within 180 days and that construction would commence upon notice to proceed with well installation beginning in January. Shaw did not include a schedule although SCS could not locate in the bid documents where a schedule was required. Also, all bidders acknowledged through Addendum 1 that construction must be completed within 180 days ofnotice-to-proceed. Tri Con's schedule included a re-mobilization for the final portion of the work (for the equipment) while American Environmental's did not. This is likely due to the fact that Tri Con is a more local Contractor. General Bid Content SCS assumes that the City's Procurement Department will check that the bonding and insurance requirements are met. During the bid opening the city noted that each Contractor did include the bond. The Safety Record Questionnaire was not included in SCS' copy of Tri Con or American Environmental's bid. This form was clearly required to be submitted (see the form itself for this directive). Only Shaw's bid included this form. Tri Con's bid included atwo-page "bid clarifications." This was not discussed or allowed in the contract documents, and some provisions in these bid clarifications seem to contradict specification requirements (see the next section of this memorandum for details). Tri Con's Bid Clarifications Tri Con's bid contained two pages of bid clarifications. Although the mere idea of qualifying the bid was generally deemed as unacceptable, there were three provisions that stood out upon inspection. Bid Clarification 1 (All permits provided by others). Under Specification Section 01560 - Environmental Protection and Special Controls, 1.2.A required the Contractor obtain a TPDES stormwater permit in direct conflict to Tri Con's clarification. SCS ENS Mr. David Dugger October 31, 2007 Page 3 Bid Clarification 6 (No cost is included to locate or hand excavate around underground obstructions or utilities. Any damage to unknown obstructions not clearly shown on the drawings will be repaired at the owner's expense). Under Specification Section 02222 - Excavating, Trenching, Backfilling, and Grading, 1.3.B the Contractor shall perform an evaluation of the site prior to excavation or trenching to determine the exact location of all structures and utilities. Therefore, this clarification conflicts with this requirement in the specifications. Bid Clarification 10 (Tri Con has not included rain days in our schedule). The City's documents do not discuss or allow for rain days. Therefore, it is not clear whether Tri Con is committing to meet the 180-day schedule. Other of the clarifications may also have associated issues since most basically attempt to protect Tri Con's costs in one way or another above-and-beyond what is in the contract documents. In SCS' opinion, these clarifications are not in the City's best interests. SCS Recommendation Assuming that the City agrees with our opinion that Tri Con's clarifications are not in the best interest of the City, although Tri Con was the low bidder, SCS cannot recommend that they be awarded the project based on the items discussed in this memorandum. However, it is understood that the ultimate decision will be the City's to make depending on whether the clarifications be allowed or the lack of the safety record questionnaire. In our view, the second lowest bid (Shaw Environmental & Infrastructure) complied with the bid requirements and therefore should be considered for award of this project. SCS ENS ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL GAS EXTRACTION WELLS, GAS COLLECTION SYSTEM, AND INSTALLATION OF GAS FLARES AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3692-CITY OF DENTON LANDFILL GAS COLLECTION SYSTEM AWARDED TO SHAW ENVIRONMENTAL AND INFRASTRUCTURE, INC. IN THE AMOUNT OF $1,265,514). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR 3692 Shaw Environmental and Infrastructure, Inc. AMOUNT $1,265,514 SECTION 2. City Council finds the bid submitted by Tri Con Works, L.P. did not meet specifications and is therefore rejected. SECTION 3. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 4. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: 4-ORD-3692 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT MINUTES PUBLIC UTILITIES BOARD November 12, 2007 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, November 12, 2007 at 9:03 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and John Baines (arrived at 9:27 a.m.) Absent: Dick Smith, excused Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM Utilities OPEN MEETING: Board Member Phil Gallivan pulled Item 5 for Individual Consideration. CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 2) Consider the approval of Bid No. 3692, submitted by Shaw Environmental and Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas extraction wells and the gas collection system, and the installation of a gas flare at the City of Denton's Landfill, in the amount of $1,265,514. 3) Consider recommending approval of a Professional Services Agreement with Miner & Miner Consulting Engineers, Inc. for migration of DME's Geographical Information System (GIS) ArcFM database to ArcGIS, ArcSDE and ArcFM version 9.2, Oracle lOg and implement ArcFM Viewer for ArcGIS Engine with the Redliner Extension for data synchronization ofmobile field laptop units in an amount not to exceed $78,755. Board Member Randy Robinson moved to approve Items 1, 2, and 3, with a second from Board Member Gallivan. The motion was approved by a 5-0 vote. ITEMS FOR INDIVIDUAL CONSIDERATION: 4) Consider recommending approval of an Agreement between Denton Municipal Electric and Enercom, Inc. for the purchase of software and services in the form of the Energy Depot® product for the FY08 in the amount of $62,600. Howard Martin, ACM, called on Lisa Lemons, Marketing Manager. Lemons stated that out of 46,000 customers, DME averages 189 energy audits, home or business, in person per year, and because this service reaches a small percentage of the population, staff is proposing, after Draft Minutes of the Public Utilities Board meeting November 12, 2007 2of3 1 reviewing different tools, the purchase of software from Enercom, Inc. which offers The Energy 2 Depot® suite of products for homes, businesses. 3 4 Lemons then presented an on-line review of the Energy Depot® suite program which is currently 5 in use by the City of Garland and offers greater versatility for its residential customers and is 6 available in English and Spanish. An additional module is also available for use by DME's 7 commercia customers. 8 9 The suite of products allows customers to create an account with Energy Depot® with a user 10 name and password that will allow them to access as often as they choose. Customers can input 11 past usage history and creates graphs based upon that history to measure consumption. DME 12 provides its current rate structure so that the customer has access the most accurate information. 13 14 The $62,600 cost is for a 36-month contracted term. The initial cost is $35,000 with the balance 15 being distributed over the remainder of the 24 month period. The cost includes setup fees and 16 software licensing and hosting in English and Spanish. 17 18 Board Member John Baines asked if this was something that was really needed. Sharon Mays, 19 DME General Manager, replied staff was trying to be attuned to the message that Council is 20 sending which is energy efficiency, and this is a way to reach the customer with a message 21 promoting efficiency, and to assure the customer that DME is there in a positive way. 22 23 Board Member Gallivan stated he wanted to go on record that he thought this was an 24 unnecessary luxury, but that he would probably vote in favor of it. 25 26 Board Member Bill Cheek moved to approve with a second from Board Member John 27 Baines. The motion was approved by a 5-1 vote. 28 29 5) Consider approval of a proposal between Coleman & Associates Land Surveying 30 and the City of Denton for Coleman & Associates to provide professional services 31 to the City during fiscal year 2008 for annual ground surveying services and 32 providing reports at the city's landfill in the additional amount of not to exceed 33 $75,000, and total amount not to exceed a grand total of $122,957. 34 35 Board Member Gallivan stated it seemed that $75,000 was spent last year and had something 36 new been added to raise the dollar amount. Vance Kemler, Director of Solid Waste, replied 37 there were expenditures last year in the amount of $75,000 and staff was asking for authorization 38 for an additional amount of $47,000 for ground surveying services. 39 40 Board Member Gallivan moved to approve with a second from Board Member Robinson. 41 The motion was approved by a 6-0 vote. 42 43 10) Consider recommending approval of a professional services agreement with SGS 44 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 45 design and other engineering and related consulting services for CIP projects for Denton 46 Municipal Electric in an amount not to exceed $508,000. 47 Draft Minutes of the Public Utilities Board meeting November 12, 2007 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Howard Martin, ACM, called on Chuck Sears, Engineering Administrator, to present this item. Sears stated that when designs are undertaken for some of the major projects assistance is required both from a manpower standpoint and an expertise standpoint. It will also provide some electrical design assistance in the substation area, putting in all the connectors and providing notations on the construction drawings. Consultants are full-time and provide these types of services to DME. Chair Newell stated that as an agenda item this was actually slightly confusing in she thought the recommendation was going to be for this new firm formed by the people who left. Sears replied that was correct in that the name was very close to the old firm that DME has worked with since 1999. SGS Engineering, LLC are the engineers who actually sign the documents and that is what DME is trying to preserve. Board Member Gallivan asked if the estimates were DME's, and who would monitor the bills as they come in. Sears stated the estimates are based on what had previously been spent, as well as from a budget already presented. Sears stated he would be the one to monitor the contract. Board Member Grubbs moved to approve with a second from Board Member Robinson. The motion was approved by a 6-0 vote. The meeting was adj ourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of Morse Street Channel Improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 3847-Morse Street Channel Improvements awarded to Laughley Bridge and Construction, Inc. in the amount of $1,049,766). The Public Utilities Board approved this item by a vote of (_-~. BID INFORMATION The purpose of this project is to prevent flooding of Morse Street between Baldwin and Newton and to correct the severe erosion problem that exists in the channel upstream of the Morse Street culverts. The scope of the construction project includes widening, realigning and concrete lining approximately 1,600-feet of existing earthen channel and replacing the existing multi-box culvert structure at Morse Street with a precast 40-ft x 6.5-ft crown span culvert. The location of the Morse Street Drainage Channel Improvements proj ect is shown on Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board will consider this item at its December 10, 2007 meeting. RECOMMENDATION Award Bid 3 847 Morse Street Channel Improvements to the lowest responsible bidder meeting specification, Laughley Bridge and Construction, Inc., in the amount of $1,049,766. PRINCIPAL PLACE OF BUSINESS Laughley Bridge and Construction, Inc. Fort Worth, TX STAFF COST ESTIMATE The engineer's estimate for this project was $815,000.00. The lowest responsible bid was almost 30% higher than this estimate. Staff believes this difference can be explained partially by increasing construction costs and by the difficulty of the project (steep channel side slopes for instance) that may not have been fully accounted for in the consultant's estimate. Agenda Information Sheet December 11, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin January 2008 with an estimated completion date of June 2008. FISCAL INFORMATION Funding will be provided from Morse Street Drainage Improvement accounts 650033560.1360.40100 in the amount of $850,000 and 650033562.1360.40100 in the amount of $199,766 for a total of $1,049,766. Requisition#84942 has been entered in the purchasing software system. EXHIBITS Location Map Bid Tabulation Ordinance Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1 \\\ \`"`"'"`~~' \ \~..r`~\ 1 ~'~/~. III ~ llllr^ S l \\ I / \ y ___~~' ....r ` \~\4`..` `-,~ ~ ~'` ` ~*~ ~\ \~/mar ( ,~ f, I 1 \~,.~ ' ~ ~D \ ~Jj I IJr__ `\~\ \\y l\ \1 \\ ~^„.. I Jr`\'~ \ ~ ,'ll ., `~ ~_ \~.~ti'~~M'~. ~~~ ~ `~ ~ti \ _ 1 ~, ......' \ /\ ~ I I ,-.. .ire 1 \\~,,,. /' , "/ /"`\ \\ 1 \~'^`.~~r,~~C"~~ \ "y~`;`\.,~)\^\ { \~ \ 1-/ 1 /"\~~ I \ 1 jl~~ ,/\ ,..1 1 ( 1\ ai \ ,Y I % 1 1 \ ~\``~ „`~w~~ ~"1 /`'"~~„~~~\~ ~... 1 \ rte` I ^v 1~~~//II \.. 1 rr \`, \ 1\ J \ I\ 1 t I I ~ \\'~ `~ ~..~\ t \...~ ~\-,~~~~~ \I I, I \^-/ `~.-„1 Lw1 I J JI ~ \i 1 ~; I r\ \ ,\~`,- ~ ,,4~'\J \\ \\ ,ri 1 1~111(~~ ,~1\\ ~~ `'`,~~~~,\, I I /~ / ~:) ,r~~..... 1 1 I 1 } \ 1 1 1 f IfII 11111 ~,C 1 \~~,~ \~~ ~,~~~\\~ , \ 1 l // ` ~,.. , /` I \` \ I I I 1,.:. ..^~.. 1 \ I \ ,,\r/ 11 III 1 r •.,\ ~ \\ ~`.`~ .. ~`+" \.. ~\ 1 III I /1 V \ t I ' \\ \I !//l 111 ( ~~ \ / \ \ ~~:=:,~\ ~``~':~~- \ / ~ ~ I \ \ \ \ 1 1{11 ~ III / (!} \~^ \ l ``~ ;~~ \..`~ ._/ l 1\ ..,~ r ~ I 1 \~ I \Wr ` / © \\11\ 1 l l l l l ~. \ 4.T'i \ ~- 1 ~ `~,, ~~~, ~ ~` ~ \ \ \ 1 \ j l I.I. \ / 1 / I 1 ~R>>~R~E; 1111 11111 1 \ \` \ `,,,,\ ` \~::^-..I \\ ) \1111 I (^\\ ~~~`\ `\/~ \\~^ J 1 111111 Irllll^~^,.' ..\ \ 1 l , \\.;~` ..~~\` ;\`,\ \~ f r•~ 111 I I II I ..~\ \ l 1 rr 1 ! 11111 I//Il \`, 1 ~ ..• \~~ \ / \ 1~1II 1111 .~~ \ ~~~;(~\ / \ ~ t l `! \ it l " / 111 I\/ 1 ~ \ . \\ ..,... .. \.,-Jr`~ ^~~ ..\ \ \\ \ I IIII 1 \ /~ ,,/ , \ I/Jlil ,11!11\, /~~r\~ I '' ..~ ..., ~-. `. \\ \ \\\ y l"J j ll 1 I I \., 1/ } ~ ~~\ ~~ _~ //i// / f/ A.., J \ 1 ~~\ ~"'`.,, '-.. -. ~ `` \\ ~ \ / \ X111 I Iil '\~~1 1 /' 1 Ir~_^\ ~~`~'"~ ~.-~~/ I/jl/jlllj ..1 11\// ~~~_\ '` ~ \\ ',"`.~,y~"'`-~`\ \\ ~\\\ \~~\ (\ ' 1111111 III r I\r^\JI i\ \\ \I r ~\\ 1 / ' ~..--~........:. rS , \ ....~ ~ "~\ \ \\\\\ \\ \ \ \ 111111 I I J -„/ \ I ~ \ `v .`~_-` `._'~i/fi~"/\ lr ` 1 ~ \1/~~ \ _ ,--•...\ \I \~~.~ \\ \ \\~\\\ *~~ \....-..r~..~/`\~....^ I 111111 111 ~) ~,.., _ 7 \ 1~/ \ -~_~ ^ ~ '.'".+ \ '~`.~~'p'~"'-l !1 ^' f I 1 ''r _ , 1 1\~ \`~ ~*\\~\ ~\~~`~~"` ~\` \\ f Ill~~l ~III\ ~iir ;,^~ \\ t~/~J \ y^) 1 r\ f 1 / ,~'~ , .... _ ~/ ..\ ~. \\\\\\ \ `"~ \.~,~ I 111 III. \~,,/ ~ .~,-' \\ I 1 \ ~\` /\ .;~~.,'~'\`_ ~/r I I I / I ^`\ Il I `\ 1,.~\ / I \\ \`\~ ~,~%i ~ \\\\:~,,,...-'ter' \\~.~'Q~ /. I I1 \\/~`;/ '`1 ` I / I I II \/ r\ r~ \ \. I\ I I I 1 ~ \ \ \ I \ 1 111 I I .. ~~ 1 J/ ti 1 `~- I \ ll 1111 1 \r^ r s~„~11r, ~\.. (" r\ ~) 1 \ \ l \w \ 1 `~ ~illl IIII / ~~, \ , ~III~/ \) ) L ) r"".11../\•. ...,~ \\ \ ~~ \ 1 l 1 I \_\ ~1 1 \\ \ 11111 / 111 1 ) t /i/1„/i~ri \/1 / l ~ y~\ \ \' ~ \ \ f / / ~` \„~ „ ..\ \ ~.,\ ~~\ _\ _.. 1 / \V \ \~ 1 1 , ~ J ~ J ~/ -/~ I,I I I \ r \~``~\Q\ \ r ~ III 1 ~ I E- II \ \ \ \ \ ``~\ \\ \ Il( \\ 1 I ~ r '' .~~ //rill ( /"'^ I \ \ ~~\ ~\F 1 I °r / \ \ ~ ' SEC I c~ `~ - '' '~~ /% \ , ' ; \~~,:; ~ \;~ ~, I .. ~ 1 /.. / J/ n / \ ! \\ \ J \ 1l `\ \~ :.f ~.~ ~\ ~1~11/ U ~ {IEN~ER~ ./ J ~ 1 r,~ 1 (\\ j \,`~/ l~l )~~-\ 11+! / / l \\1 \ ~4!.~ I \ \ `\ _~ 1 1 "_',. ,~~ -w~~f~ i~A~\ \ ``, , rl /' /'\ , \} 111 14,r.. ~\ ~ j_`' ,^~:-' `~ J/ I \,,,.. `~ 11\` %\I l \.. \\\ i 11\ 1 ,. 1! \ \ I ,,J \ I. \ ^ ~ 111 .,.,." , ,~ \ f J 1- \ l\\`,~. `~~ 1\\ -_-_ _r~~.~^\'~l 11\\\1111} III 1 1 1 ! /"'()S \..\ \\ 1 1\ `"\_i ,I ~/ Il l / \ 1 1 / ~\~ \ \` ~,rll^./\/ ~` _ l.`~~~y ~/^\`) J ~ 1 I I 1 11 I \ 111 ,1 1 I I l., f \ \ 1 1 /' ) ( 1 / _.~ ,/ ~\ 1 / \ \\ II~I'r^~ \\'~\ ' ,~ ,/,~ i^^I I f \) 111` 1,1 1. 1 I I 1 'I 1 I I \ 1 1 1 .,~, / I / / l / \ ~ ~ / \ \ ~~~ /~\\ ~! / _ ,,- ~ , / ) I r I JI I I I 1 ~ I 1 \ / 1 I \ \ I /~./ ~ / I / \ ! ~.,\, ~\ ~\~\\1 r%1 1\1 ~. , _ I / ~ J , ,, 1, , I ,, , \ ~ Mh \ \ , r , l , \\ \\ , I III I // \\ ~,_,/•~/• ^-:/ l/ l !, / j/ I. 11 I \ "'~-\ Y 1 1 I /~ ~ 1 1 Itl\I11r I\ ,. , l / / , , , RSA , I , , l I , I , I 1f) \ \ / (` t ' / ! , . --- r I I \ \~ I I ' ~ \ 1 I ~ , ff!, IIp1/ ~r\\I \\\ / <'''' ~^\ I 1 11 / \~/I 1 ~ \ ~ ~/1 1 1 ~ 11 \ ~1 !`! ~ } . ~ ~ \~ ~ 1~1 ~/ /1 1 \_/ t`r`- 1 I \\.~ ~ / /1lllllil\ \ i ~ ((,,~~ , / / \ l r~ I -'' r/1 J /i/ ~c/'l/l 'r .~ / I l , 1 1 1 ' t I !'\ ` ` 1 I (~ , / , I ~ \ /~\ \ 1 \\yl~l \\\~ Iv „/\ I' / ! /l t ll /'/( r //Y t 1 / I 1 l 1 \ ~ I 1 : \r'\ \ \ .., lI / /,~`..,,~ I 1 \\ ."' \ \l ,' (~ \\\ \J ......~ / / r"` ) I / ,~ / / 1 I 11 I \ \_~ ~_, ~~ I 1 ~,~,//,~ / .~~ ~ A- ~ I ENI~ERLINE \~ , l J ,, ,, I ~\ J I! r 11 ~-~ \ 1 { \ \ '^ 1 I Ill y J%ll ~ / IJl ~ ~I~1 ~ \1.,~~~VIs~~ / 1 I I ~J '/ r ~~ \^ ~. ~ 1 J I 1~/-'~\' \ \ \ 1 \\ l \ f l l III 11 f r 1 / 1 \ ~ // f ~~ / MI 1: ~/^\ ` ) 1; 1 1 \ \ 11 I f I I I / I/ 1 I I,!, l J t I ~, i t I t ~r (' J r ,/ ' / `., ~ ~~ \ \ / r 1- \\ \ 1 1 1 ! 1 I l 11 I / / / / ,/ / 1 \ \ l \ J /, , / 3 / J /~ ~ ", ~\ `\ 1 \ 1 \ \ 1 1~/ I I f I / !I 1 JI I. 1 l I , f /\ `~ l /I ! / / i r 1 \ I 1 r/ ~ r~l \.` \ 1 \ `\ \ I \ ~ l I I ! ! / '' r I ,, 1 ) \ 1 ~,,,) \ / ) ~, J l 1 I l I t '+ ~ ( J / / \ ~.,. \ , \ r ^1 I 1 / / l/r l' t ~ , f It/ ,. I ~ ` l / ~ `, \\/ / '~~~.,....I c I 1 / f / \ ~ \ \ y / J I I/y 111 /l 1l I l I /( \ / )\ 1~ l Q\ I i 1 / / 1 \W \ ~\ { ~~ Ilr I 11 I / 1 I 1 / ``~ \ 1 1 t ~/ 1 // \ 1, l ~; ,l 11, I , , l l , ' MC~ONA,~DI l / I J~./, ~ a~ \ ~ I / , 1 , , 1 , /;/ / //!• / l I l l: / / / l / .. r ,' ) /// / i ~.. J 1 1 / 1 \ ...^\ \ \ \ 1 \ `'~.._\ , /'~ / ~1 /ll ,; ~ , / J 1 I J ~J / \ \~ / J \ \ / r / l~/ .l J / 7 I (. / J I J / ~ rl ,\ (/ 11 / 1 ~ I/ \ti. \ \ I \\ \ /, , , ~jd, ,l~It ,~, /l/ l J I 1 / , , l ( y /I( J1 ,~TAN~jil E~R , , I I t\ \. ~\ , , 1\ ,' , J ; ,r ~,f 1~. 1! 1/ JJ// ! 1U ll 7 // I 1 1/ ~\ / /l!1/ l 1 r` I I ll \ ~ I I \ \..\ 1 / i / / ~r l n l ~,'/'I ~..1>1 ''~ IJI ~ j 1 I-/ ~ Il i ~\jl),~l i 1 l \ /) \ ../\ ,. JJ ~'' l / l I ~ ! ~ II I~ ,~r \\~\ ~ lJ \\ \\1 \I \\ 1 ,~l_/) I / 1 / ~-,' / 1111 / ~ I`~-- 1 - / 1 ~. / ! ! l 1 / \ \ /'~ 1 ~f /l l rte/ \ ~ ~- _ ~ r..7 /J 11 ll I ~l ~ 11 \ \ 1\~~ I ~ ~ I \\ \ ( \ io~ ~ I yl/ ~~~ i J /i // ~ f~~'t r\ /rte ~~// ~,,r//~,f~l Jl \ r Jr `1 // 1 / ~ ! 1 ~ \\ I, ~ I i I I~// i /' / l ~ ~ \ ! / / /~ =~ r' 1\ \ \ / / ! I I \ I 1 \ Jj/ l/ ~~ / I / t!W I k;i / ~/ y r'te'" i-..i 1 ) ``\ / f I /` / / I 1 l 1 \ / 1 / / ~Y/. J ~ 1 ~ 1 ' ~; - ~ ~,,-,- /. A u~, ` ,.~..~ r 1 ' J I ~ I i \\ 1 \~1 i ~l if,'' /. --' r ! / % 1 f / rr~r'~ s~/~.-\^~ /rJll /~~1~E 1 ^\ /y~ y // ~ I I 1\ I \~ l`y !l~/~JIJ ,/ , r/,._ ~ / \ 1 \\~\~`~J"-~\ r\\~i^-..\ ~y ,fir 1\~-'/ \1 ~~ /r,h\'J~J ^ 1~ iJ ~l r// ~) ~///l,~~// R1~/1 ~\ ~/ ;l r/ , `... c\v..r ` ~'r~0 ---_ ! /J I ,~, ~ \, I , / / fly/ //1 /lI /1 !f \\ 1 ~ ~hl~..r1ti,//f\ ~\~ ~'"f ~r..,,~\"1 1 I \\\ ~ a I 1.'..~,LIJ.J! r'J I '/%/~//~~r^\ //' /_`r /- ' ,'' ~ ~\ ~1/jJ/'Jll /"-.,~~ `h -- - 'J ~lWY1 l ~/J vQj ~ ,^ "~y`- rr `'-`;(` ~'_~li~ /Ji////NNN"""Y\ //~/' 4\~ J -- r^ r^..i _\T.,l jr)1~//// .\ ~ 1 ~~~~^ r, X11 ! I /~ (J )~/ii,~/ice '~ r'~`~,~_/ ~ -- ~_,...«,~- _, r+' /r/~/ - -i- mar/ I /~1 l I 1 1 \ -'+ //// ,/~/ ~ / .._..,. ^'.. ...%'.%' / \ / ~ \ 111\~, ~,~ / - n `\. \ rr / /.i \ //\\~.~ i~ L~/ //r ,~ I_~ \\/ ~ 1 \ \ 1 l 1. \ ` t^\ I r ~r ~~ '~\ / \~.--' - '' \~ \\ \ \ \ ''"\ 1 1 1`-\ _`-•-~ 111//)! f~\_I J / r~ .. \~/ r' rr_''r-\~ /_~ /,r~^ ~ \~~ / \ \1 \- } \ r ,/ 111111 \ I r / / / ,, r ~ ~ /-\\_.. \ ~1 \ I /---- / 111..11 ~ / / J r ~ l ^„'` / ,\ r- r~ r.+.'\~"\ ^~'~'1\\ ~~-. \\ ~ ~,..~ 1 1 Imo' \ ^\ . \.,~ \ '^ I 1 / r .,.~ " I r ...r l I I ( ~ n.. /.. ... "'.. \ / \ ~,, l ` \ f J\ I \ \ r // ! /y1111 \ ' l ( r 1`J/~ri\ / ' r- \_r '/ .~ r /' r /' .-.~` \ \ ~~ _ \\_,, \ \ \_1 J \ ` 1 I 1 II 111 1 / )\ / ~ / f' ,i \/ y 1 / ~. / t _ /. / / , ~:- ~^`~\ \~\\ \ ~` 1\,\ \\ \ 1, tom. ~^ . 1 I^l I I 11 J ~ r i / J , ) ,J /~ Q --'-\/ r J ~ / /' / ,' '_~ ~ \~~~ \~`~ -~\ `\ \`\ ~~\`,~`-~ ~~ r-~ r 11 / \ \ \ 1 I\J" 11 11 "~ J / / J/ / J ,J / , / y.'X~l~ ii-M.,r / ~/ ~l_./,r /' ,,,,,rte\1 \\\~.1 \ \.-~,^ ``\ ~ \\ 1 ~' ~ 1 "' 1 \ / / n I J / l / / I l / /,J/J // r~ y`~ ~ r / \ \\ \ \ \ \ ~\ \ J 1 \ / 1 V 1 / ~ l 1 / r r / ~\ \ \,- \ \ r I i t 11 r l~// r~ \~\\ /,~\~\~ ^\ \ \ \ `\\ ~-~`~ \ / ~ l ~\\ ...~,~ /W~'"Ij 11 ~ / I Jl/r -' I \/!( /I/ 1/Ir_ r., r ``r l ~ / //mar / //i ~~\~~` r~ l \ \ 1 \~` l~ I _ 4\\ ) /.',~"' \~ \ ~ 1 \\11 /O ~'f' 1/ 1 I'•Jl ) I (-J^~I ` I l\ l~ I~ l1 /„/ r /~,~~"" / 'r ~'' ~ r~ _.l (` I ~\\ l\~ \ \ \1 ~~ ~,._~r_ ~\^ \ 1, \ \ \ /• I / 1 / /- /) \~'~ `` --. J l/_...r-~ r~r,.'r,.J' / 11 1 \ \~\\~\\ \~ I ~\ 1 1, \ ~_,~~(lr„\' `\ \ \ \/ 1 1 / I~ I ^ / ( ( 1 I III \ J(I y ., \ r_`4,,. (/ / /Illr 11 \ \ \\\\\\ \} "\ ` \ `\ \ \ I / ) ll i, J I l 1 1 I /) 1 /I III ~ t II / GI/" \ \i1~\I \ 11 \ ~1 \_~~^ \ \\~ \~ \,\\~ 1/ \ \ \ ti I l J /111.1.1 / 1 I J/ , / I / 1 J/1/1 r ''~ Iv J! `) ICI ,'' !1 f y I \1\~~\11111\~-'' /'I 1\ \\\ \ -.......~ \\l \1 ~"-\\ ~ \\\\ \../ - \ 11 `l \ / I~(l!Jl/ rj (J J l r''l /~ 1 1/ ~J/ % 1/411 EXH161 .~ T 1 SHOWI NG o X50 goo , APPROXIMATE CENTERLINE - ., ~~ G~x~c sc M S E STREET CHANNEL a,~ i inch _ soo f~ II IMPROVEMENTS PROJECT ~ ~ r~ UTILITY AND CIP ENGINEERING - 1 = 500 ~ ~ ~ ~ Q o ~ ~ ~; o x o ~ ~ ~ ~ ~ L N p Z ~a mw ~ ~ N ~ ~ ~ ~ W ~ u ~ ~ ~ v ~ ca ~ ~ w ~ 0 ~ c ~ 0 ~ 0 -~ p Z C o ~' ~ N rn N ~ QJ ~ N ~ ~ U ~ ~ N ~ ~ oZS ~ ~ ~ O ~ ~, C ~ ~ OJ ~ p ~ ~ L U ~ ~ L ~ p ~ U1 to ~ ~ p ~ N N ~ ALE ~ cv ~ ~ U ~ U ~~ X ~ ~ ~ ~O . C L ~ p Z m ~ ~~ L o rn ~ ~ Ul ~ ~ ~ W ~ L ~ ~ ~ ~ ~ O ~ ~ 0 ~ ~ ~ ~ ~ ~U U ~ o ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ Z W ~ ~ J ~, ~ ~ O ~ ~ ~ \ / ~ ~L ~ ~ U Q (~ r-I ~ Z O ~ C ~ N ~ ~ m ~ m z ~ ~ a o ~ ~ ~ o ~ 00 z z U ~ ~ m ~ w p w p W ~ m ~ ~ p a a a ~. _ G U 'L ,~ Z a ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF MORSE STREET CHANNEL IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3 847-MORSE STREET CHANNEL IMPROVEMENTS AWARDED TO LAUGHLEY BRIDGE AND CONSTRUCTION, INC. IN THE AMOUNT OF $1,049,766). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3847 Laughley Bridge and Construction, Inc. $1,049,766 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: 4-ORD-Bid 3847 AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Bruce Henington 349-8134. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the replacement of chilled water piping for the City of Denton Municipal Building, Civic Center, and Emily Fowler Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3 923 -Chilled Water Piping Replacement awarded to Brandt Engineering in the base bid amount of $448,041 plus an estimated Emergency Recovery Plan allowance of $25,000 for a total not to exceed $473,041). BID INFORMATION The City of Denton Facilities Management Division will oversee replacing the chilled water lines for the City of Denton Municipal Building, Civic Center, and Emily Fowler Library. The pipes that are going to be replaced were originally installed in 1967 and are at their maximum life expectancy. Due to their age, the pipes are continually losing water and are causing high humidity problems in the buildings. While the City is replacing the lines, valves will be installed that will allow each building to be cooled individually. Therefore, if an outage occurs at one building, a portable chiller can be used to cool that specific location. A valve box will also be installed at the main chiller that will allow the entire system to operate with a portable chiller, if needed. RECOMMENDATION Award to Brandt Engineering in the base bid amount of $448,041 plus an estimated Emergency Recovery Plan allowance of $25,000 for a total not to exceed $473,041. The lower bid offered by Powers MEP Engineering was not recommended by the consulting engineer for this project. The engineer's comments are attached as Exhibit 2. PRINCIPAL PLACE OF BUSINESS Brandt Engineering Dallas, TX STAFF COST ESTIMATE The engineer's estimate for this project was $500,000. Agenda Information Sheet December 11, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The estimated start date will be January 2008 with project duration of approximately three months (depending upon weather conditions). FISCAL INFORMATION This project will be funded from account 100120454.1365.40100. Requisition# 84954 has been entered in the purchasing software system. F,X~TTRTT~ Bid Tabulation Recommendation Memo from S. Toub & Associates, Inc. (Project Engineers) Ordinance Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1 BID # 3923 DATE: November 20, 2007 Chilled Water Pipina Replacement ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR RushCo Energy Specialists Brandt Engineering Powers MEP Engineering R.E.C. Industries Principle Place of Business: Euless, TX Dallas, TX Plano, TX Bryan, TX 1 Total Base Bid $443,526 $448,041 $278,000 $598,000 2 Emergency Recovery Plan ~65,00o Chilled Wtr $35,000 Sewer $25,000 (Allowance) $0 $4,445 BID BOND Yes Yes Yes Yes ADDENDUM #1 Yes No Yes Yes ADDENDUM #2 Yes Yes Yes Yes ~~f~:?t~,; ~7 .1 ~ ; ~' i=A~I 9 7: ~~3(~ r ?74 ~ TD;~~ ~ +aSS()t~ ~ ~ (,~{~ s Exhibit 2 S, Tutni & A;~sc~~~x,~rES, lac. Cc~~,~E~lt~~i~ E~-~~~eat ~ ~~l~c>7a~ical ~ al~ctrical r'-,.. ~~ ~'itV ;~i ~~~ltl',~i .. ~ r~;altties ~Can~~etncn. ,-' :~ f~{~4 i*.. Hi~~t~r~ street ~ ~~"~ Rte. CET' J~ U~~'i`Uw w ~ f1lLLEi~ ~~'~"~~.k ~al~~~G ETA ~'Rt]~ECT N f3, 34~~~ D~diZ, ~Tn ~.~ ;er~;.~;w~u w~ bids fox tli~ ,efere~3~,~d praj~~.: and ~~ve tine f~~iio~virx~ ~Ci,]li~~:uts; + . a ~ ~ . ~ s~~,tlt~ n~~r, ~ ~ ;,~~~ ~ ~~ ,~~ , ]4~e~' b ~ r. ~~abstan~,~i ~,matir~t. R~EC L~~~E~trie~ at ~ ~, , ac~rpwbl}, ~ t. ~tiing tl:~~ 1~~~ y + ~usl,~ C'a. Ene~~~. Sper~iali~ts at $~3,5?~.~'~l ;got ncceptabic, dLe t~ i~?~ err~erge-~:.~~ re~,~~~,~~,, p~~x~ r estjrnr~tc'd ,'~tS ~~10i~,G~,~U}. Pc~wc°rs i~iEP Fr.~ii~~~rin~ ~~T ~?~5,[~~1,~1~~ s~c~t ac~;~~rab+~ clue ~.~~ iiie foli~~vrg: r~ ~,u~a~t~ntia~y l~jw bid, N~~ iydi~~a~iF~n of exper#~~~~;;:~ u~trrl ~~r~~~~:~~ of this .pecit,~ ~~pc~~l~s~ :7]a'~~rta#,5. ~:c!rtra~t~7r~ ia~;~ of Ma~~~errce ir, ter bit; a~ t"ot~y~ey~d i;~ tei~tni~r~e cart+~e~?ityns ,x~~i~y ST:~ ar: 7'uesdav, ~~ov~r?~b~r M?, ?~#0"r . Conditions iist~d :u ~e bic~ ti~~c:~~enr o~ p~~~ ~.ts; paza, ~ s ~ , B an~~ ~,~~e ~ ., ~~~'al~at.ien Crite~~~a,1~n~ a. . ~+ase+~ an itE~se ~s~l~.5 of ~~-inion, 5~'r~ r.~:-3m.t~~t:c~s ~ ;cep[an~ ~ t'~ the Era~~~:~t ~~~i7cer~~ ~?id ~f' ~4~,a~~ ,UCH dntl ,:~~ e~t~r~~t~ ~w~~4~atU0 ern~r~nc~~ rect~~~~c~~ pla ct,s i'-:~r i~rn~ ~rtfUr~seer~ u~~~r t~::~ vr~~~.•, ,ev~'rr, ~raina~~ end ~s pipt;~ a~ pcti;ver and :{~ilrrr~a~rl,cati~~~s. ~~~tci;ti~~nail.y~, ~t~~;~;lt pr~yid.~d a l~isr.~~~~ ~f pr~~~ects t}iat ti~~~~~d LriciiC?fi~ ~ h:~h levei o ~j:pet~E~t~ ~,~ith t~;is tyr;~e or proi~;t, ".I'~lis rec~~~llr~,r~~d~aiic?n i.~ nn opinion by ~`l~~~y bayed upr.~r; t;le Lor,L"a~t~~r~ +aid irt~;tmaratsr provided to ~r by ~~~ ~ir~, a~ ~wntnn. [f va~~~ n~~ ~~~±y f;atti~er ~~-~i51ai~4~ i~ tl~i5 maker, please aar~'t ~c~irate !o ~c~rt4~~t rrse, i~~~sptact~~iE~r subrnitt~3 E r 1 I~~Cid~d U. ~~5~3d1'lt~ I~IiJ~~L't, ~ilf:Ctal ~ . ~]~ ~: ~ti.~.S ~i~~.~.lu^v?~~i7 ca;; ~i;~c~ i of ! i3G5~ ~111k~E~ l~tti~' RR . ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REPLACEMENT OF CHILLED WATER PIPING FOR THE CITY OF DENTON MUNICIPAL BUILDING, CIVIC CENTER, AND EMILY FOWLER LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3923-CHILLED WATER PIPING REPLACEMENT AWARDED TO BRANDY ENGINEERING IN THE BASE BID AMOUNT OF $448,041 PLUS AN ESTIMATED EMERGENCY RECOVERY PLAN ALLOWANCE OF $25,000 FOR A TOTAL NOT TO EXCEED $473,041. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3923 Brandt Engineering $473,041 SECTION 2. City Council finds the bid submitted by Powers MEP Engineering did not meet specifications and is therefore rejected. SECTION 3. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 4. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: 4-ORD-Bid 3923 AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Bruce Henington 349-8134. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of PGAL to provide architectural design services for the City of Denton Public Safety Training Facility; authorizing the expenditure of funds therefor, and providing an effective date (RFSP 3859 in an amount not to exceed $1,496,935). RFSP/FILE INFORMATION The City of Denton solicited proposals for professional architectural and engineering services for the design phase through construction overview phase of a Public Safety Training Facility. The Request for Proposals document is included as Exhibit 1. After proposals were received, a diversified team of City staff members and a representative from North Central Texas College evaluated and recommended the firm of PGAL as the most qualified. As an item on the Council Work Session meeting of November 5, 2007, Council concurred with the recommendation and authorized staff to proceed with cost and contract negotiation. The attached proposal from PGAL (Exhibit 2) is the result of the negotiation process. The cost figures in the proposal reflect the dollar amount and scope of services previously submitted for Council review in the Public Safety Training Facility Business Plan. The architectural and engineering contract amount is approximately 10.8% of the current estimated construction cost ($14,000,000) and will allow for bid document inclusion of the $10,500,000 available budget and additional alternatives if affordable at bid time. Please refer to the attached proposal (Exhibit 2) for additional details. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was considered by Council at its November 5, 2007 work session meeting. RECOMMENDATION Approval of a professional services agreement for architect and engineer services for the City of Denton Public Safety Training Facility with PGAL in the amount of $1,390,585 with reimbursables not to exceed $25,000 and LEED Silver Certification in the amount of $81,350, for a total award not to exceed $1,496,935. Agenda Information Sheet December 11, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS PGAL Irving, TX ESTIMATED SCHEDULE OF PROJECT • Council Approval ofArchitect/Engineer Agreement 12/ l l /07 • Kick-Off Meeting O l /02/08 • Programming and Planning Completion 02/10/08 • Schematic Design Completion 04/15/08 • Construction Document Completion 10/0 l /08 • Bidding and Award Phase Completion 11 /0l /08 • Construction Completion 08/10/09 FISCAL INFORMATION The professional services agreement will be funded from Public Safety Training Facility funds account 100090454.1360.21100. F.~-'TTTRTTC 1. RFSP Documents 2. PGAL Proposal dated December 4, 2007 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFSP 3921 Exhibit 1 Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com RFSP #3859 Architectural/Engineering Services for Public Safety Training Facility PROPOSALS DUE: August 31, 2007 2:00 P.M. Proposal submitted by: Company Name NOTICE TO BIDDERS Sealed proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent prior to 2:00 p.m., August 31, 2007 for the following: RFSP #3859 - ArchitecturaUEngineering Services for Public Safety Training Facility Qualified prospective bidders may obtain copies of the Request for Proposal with other applicable information at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas 76209 in the Purchasing/Warehouse portion of the Service Center complex. The City of Denton, Texas reserves the right to reject or accept any proposal and award to the most advantageous proposal received. No officer or employee of the City of Denton shall have a financial interest, direct or indirect in any contract with the City of Denton. Minority and small business vendors are encouraged to submit proposals. CITY OF DENTON, TEXAS (940)349-7100 TOM D. SHAW, C.P.M. PURCHASING AGENT Page 1 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility I. GENERAL INFORMATION A. Project Title: Architectural/Engineering Services for Public Safety Training Facility B. Project Location: South West Corner of Bonnie Brae and Vintage Parkway City and County of Denton State of Texas C. Project Intent: 1. The City of Denton has purchased 88-acres for a combined Public Safety Training Facility and Fire Station #7 on the south west corner of Bonnie Brae and Vintage Parkway. The site currently has a recently completed Fire Station (Fire Station #7) on it which is currently going through the LEED Certification process. 2. The city of Denton ("Owner"} is in the process of selecting an architectural/engineering team("Proposer"} for the design and construction of a Public Safety Training Facility. This project is unique in that a Master Plan for a Police Department and Fire Department Training Facility with training and administrative offices, firing range, burn building, fire tower, driving track, classrooms, a large community/training, etc. has already been completed (See Attachment #1 "Public Safety Training Facility Master Plan"). The selected architectural/engineering firm may use the Master Plan as a general outline for basic facility layout and scope of services. The City of Denton ("Owner") shall reserve the right to add and/or remove items to the scope of services. The selected architectural/engineering firm may also suggest alternatives to the Master Plan. 3. The selected Proposer will be required to work closely with the Owner throughout the process as well as effectively interacting and communicating with members of a select Police Department, Fire Department, North Central Texas College (NCTC), etc. Design Team. 4. Therefore, the selected Proposer must include a combination of experience in public safety training facility design and construction, including state of the art firing ranges and live fire training. There is nothing in this Request for Proposal that would limit the Proposer from forming a team that meets Page 2 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility the combination of successful experience in design and construction of public safety training facilities. D. Estimated Project Budget: 1. The total currently available proj ect budget = $12.6 million. (refer to phase 1 + 2 on attachment # 1 "Public Safety Training Facility Master Plan") 2. Unfunded potential future phase #3 = $10.7 million. (refer to phase #3 on attachment # 1 "Public Safety Training Facility Master Plan") 3. Unfunded potential future phase #4 = $7.4 million. (refer to phase #4 on attachment # 1 "Public Safety Training Facility Master Plan") II. ARCHITECTIENGINEERSCOPE OF SERVICES: A. Provide all services to complete the project including: 1. Design of project and phased in approach to the Public Safety Training Facility based on budget and operational considerations including but not limited to: a. Land utilization b. Cost savings/analysis c. Shared use by public safety agencies d. Access and egress e. Security and safety f. Energy conservation g. Environment issues h. Use of utilities including water, sewer, fiber, telephone, etc. i. Potential alternative future uses by the City of Denton. 2. Design Development for Public Safety Training Facility: Not limited to but to include designing the building in relationship to Operations and Maintenance cost and efficiencies related to the building being a valuable useable facility for future years (30 years plus). 3. Construction Documents for Public Safety Training Facility: To include written documentation from the State of Texas concerning the waiver of Page 3 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility ADA requirements and/or confirming that all drawings and documents meet ADA requirements and guidelines before bidding the project. 4. Specification (Statement of Probable Costs) for Public Safety Training Facility: To include construction estimates but not limited to exterior landscaping, utilities, electrical, water and furniture installation costs. Also the estimates of Operations and Maintenance annual costs to operate the new building, maintaining the building, and securing the building in a safe manner, i.e., may include fiber, telephone utility, etc. 5. Satisfying all City, State, Federal and recognized standards (Ie: NFPA, EPA, etc.) for planning and building requirements especially as they may relate to fire and police training facilities. 6. Examining possibilities of designing facilities based on the principles of sustainability and energy conservation. 7. Bidding for construction will be sent out and received by the City of Denton Purchasing Department as per State statute. The recommended firm will be expected to attend: numerous City of Denton Public Safety Training Facility meetings, some Community meetings, some Planning and Zoning Committee meetings and some City of Denton City Council meetings. B. Contents of Proposal: The architect/engineer's information should be concise and may be supported by any exhibits that demonstrate the firm's (team's) qualifications and experience in building Public Safety Training Facilities. The information should address the following: 1. Credentials of the architect/engineer (team) that will be directly involved in the project for the Public Safety Training Facility. 2. A description of the procedure in which the architect/engineer (team) will work with City staff. 3. A description of the procedure in which the architect/engineer (team) will work with City Departments including the Police Department, Fire Department, Facilities Management and other city departments along with any consultants specialized in specific design elements of the project. Page 4 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility 4. A list of related projects and clients that may be contacted for additional information. 5. Demonstrated experience in sustainable design. 6. How the architect/engineer (team) will accomplish the project specifically building a modern state of the art fully operational public safety training facility. 7. Architect may be required to use the City of Denton assigned mechanical engineer. C. Architectural Design Scope of Work for Public Safety Training Facility (Based on the Master Plan, but may be altered by "Owner") 1. Burn buildings ^ Computer controlled gas fired props ^ Multi-station ^ Meets all safety standards ^ 1-Two story house (Class B Fuel) ^ 1-Five story tower (Class B Fuel) ^ 1- 2 Story burn structure with flashover chamber (Class A and most likely apre-manufactured container type of system) ^ Other Items as outlined in attachment # 1 "Public Safety Training Facility Master Plan". ^ Must meet any and all environmental considerations, laws, guidelines and standards 2. Outside training ^ Haz mat area ^ Outdoor Classroom ^ Drafting pit ^ Gasoline tanker prop ^ Fire pit ^ Concealed space rescue ^ Trench rescue space ^ Swift water rescue ^ Other Items as outlined in attachment # 1 "Public Safety Training Facility Master Plan". ^ Must meet any and all environmental considerations, laws, guidelines and standards Page 5 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility 3. Public Safety Training Classroom Building of approximately 20,500 square feet. a. Police Department, Fire Department and NCTC Training and Administration offices: (1) Offices for approximately 8 administrative and training staff from the Police Department, Fire Department and NCTC. (2) A large conference room, small meeting room and break area and suitable restroom/locker facilities. b. Classroom facility portion: (1) Layout and design to be determined with the following criteria considered as a minimum: -Multiple classrooms of varying sizes -Locker room facilities -Possible fitness room -At least 1 classroom should be able to be converted into an EOC -Building must be designed for potential future expansions c. "Dirty" room(s) for crews in training. d. Possible 911 communication center. e. Parking for approximately 100 vehicles. f. Other Items as outlined in attachment #1 "Public Safety Training Facility Master Plan". 4. Firing range: ~~The following criteria is based off the master plan and will likely change. ^ Training room of 800 square feet. ^ Ammunition and Firearms storage of 300 square feet. ^ Rest rooms of 300 feet each for total of 600 square feet. ^ Office of 100 square feet. Page 6 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility ^ 20 shooting stations ^ Control booth Sniper range ^ Shoot house ^ Sound reduction considerations ^ Must meet any and all environmental considerations, laws, guidelines and standards 5 . Other Items as outlined in attachment # 1 "Public Safety Training Facility Master Plan". D. A copy of the City's Standard Agreement for Architects Services is attached (Attachment #2). E. Comply with ADA regulations, City ordinances, Planning and Development Code and all Fire and Building codes. F. Construction administration will be completed by the City of Denton. G. Produce budget information and cost estimates for Public Safety Training Facility prior to bid and as needed before beginning construction. IV. SELECTION PROCESS A. Receipt of Proposals: One (1) original copy and six (6) copies of the proposal must be submitted on or before Friday August 31, 2007 at 2:00 p.m to: City of Denton. Purchasing Department Attention: Tom D. Shaw, Purchasing Agent 901 B Texas Street, Denton, Texas 76209. The envelope containing the proposals shall be sealed and bear the name and address of the Proposer and shall be plainly marked as follows: SEALED PROPOSAL #3859 FOR ARCHITECTURAL/ENGINEERING SERVICES FOR CITY OF DENTON PUBLIC SAFETY TRAINING FACILITY B. Basis of Proposal ComparisonlEvaluation: Page 7 REQUEST FOR SEALED PROPOSAL 3859 Clty of Denton Architectural/Engineering Services for Public Safety Training Facility Proposals will be compared/evaluated on the basis of the following: 1. Proposer's previous successful history planning, designing, and constructing joint use comprehensive public safety training facilities including but not limited to burn buildings, fire training towers, classrooms, swift water rescue, firing range designs, shoot houses and driving tracks = 40 2. Proposer's ability to work successfully with all levels of contractors in completing projects successfully for the "Owner" which includes but is not limited to on-time, on-budget and long-term sustainability = 20% 3. Demonstrated ability to work successfully with local jurisdictions with their unique development plans and building process =10% 4. Qualification of the Proposer and ability to perform the work which may include LEED Certification = 20% 5. Creative approach = 10% Interviews will be conducted by an evaluation committee, who will then make the final recommendation to City Officials forapproval. C. Method of Award: 1. Following the deadline for receipt of proposals, all proposals submitted will be analyzed and reviewed by Owner. The Owner reserves the right not to accept any proposal, or to reject any or all proposals and to waive defects or irregularities in any proposal, at its discretion. The Owner will select the Proposer, who at the sole discretion of the Owner, is the most responsible and beneficial Proposer to the Owner and will then have the right to negotiate a contract based on all factors involved in the proposal. 2. After selection, the successful Proposer and the Owner will then negotiate and complete all necessary documentation and contracts. During contract development and negotiation, the successful Proposer shall not contact any Owner official except the individual designated to act on the Owner's behalf during this process. If a successful agreement cannot be reached with the first selected Proposer, the Owner will then negotiate with the next Proposer and continue this process until an acceptable agreement is reached. Page 8 • • • • • • • • • • • • • • • • • • • • • • • '• • ~~ • i~ ~~ I• • • .• 1 .• i• I• I• ~• ~~ ~• i• ~~ ~~ o~ o~ ti~ 0 z F ~ v P \~N, ~I 6~e'1 Attachment 1 ~ ~ ~~ ~' . ~' ~r ~ i 1 1 ; ~i f x ~ ~I -~ ~~ ~f ~ ~~ ~ .+'w ~~ ', V ;1 `fir ~~~_ ~~ ~ - - ~;. ~~ ~~~ ~ ~ f .r~ ~.:_~ ~~~~ ~~ ~i 1 ~ ~ ~~ ,~ ~~ ,; i' T f .f ~~~ ~y h tr i i S 3 n ~ ~~ ~. J ~ ~ ~ t; ' .M« r ~ I~• .~ ~ , 1 'I MI hlr NF ! 4 ~i yF ~ ~ ~ ili~ ~ i fF ~ + L ~ = ., r~~ J 41i wR i}~~ 'I ~ FPM ~ ~: R ~4 .~¢11 i r ~ .,.~ ~ 1 '1 t~ ~ i F ~ ~ ~ ~ ~ ~+~ T ~ k* •~ 7 , ~ R f ~~~ .r ~ 1 ~ ~ ~ y ' ! ~. iMir •nr •y ~~ F ~~ ' ~ F 1111 ~ ~~ ~ ~ ' fu~t M r r ~ ~. r ~ ~ ~ ~ i r.rr : .~ Urfa +,r~~, ~ rr+ ' ~...t 4 ~ M•w, ~, _~ fi .y~4 ~- I f .+1a~ 1~ ,a,}~~ •w.f ~~ ~~~C ~~ .~. ,,,M s s ~,~ •. ~ ~ .+R1Ji S1L I ~ r ~ y ~ *\% f~~i I 1 • Fj ~ i4 ~ V M'~rL^aMF ~. ~ ~ na-IiO~ I++ '~. _ r i .ti F ~ ~~ .~ * R ~~ ~ w r ~ ~- ~r Pra~ectTeam~ ~~ ~ A '' 'r + ~ ~ 1~* ~ -f f~~+ ~ . rf ,f ! ~' ~~ ~ d~a~~~rch~tect~ ~ ~L' ~~ ~* ~ -h~tectu~e btu ~~. ~~rk atr~~k~ arc _ p ~ ~ , 1 _ }~k ~~ ~ ~ ~ ~' ~ ~ ~ ~ f f eat~ve; Pu~l~c~~af et .~ansultant~ ; ~I~~ ~bercrambie cr ~, . Y - - ~ ~- ~ .:~~~v~l ~n ineer~n ~Cansultant ~ ~~ .: ~~rnle ann~,~~sac~ate~ftlnc ~ ,~_' r Iij1 ~~ ' r ~ yl~}y1 f~ ;'~ 4 w Y ~ ~ w ~ ' ~....... E ~ . ` { ` ~„ ~ ~f "" F. ,.... r 1 4 `. ~ ~ R~11 Y' _ _ _ _ - - I~li~ 6 June 2007 • • • • • • • • • • • • • • • • • • • • • • • t • • • • • • • • • • • • • • • • t • TABLE ~F INTENTS PREFACE ~ MASTER PLAN ~VERIlIEVV ~-4 SUMMARY ~F RESEARCH FINDINGS ~-G SURVEY RESULTS 7-~4 MARKET ANALYSIS ~~-~~ RESPONSE T~ FINDINGS ~8 MAJOR ~OMP~NENTS ~IIERIlIEIN Training FieldlTactical Live-Fire Training Village ~~-~1 Adrnini~trativel~Iassroor~ Building 3~-33 GENERAL SPE~IFI~ATI~NS Site and Site Developt~ent ~4 DETAILED SPE~IFICATI~NS Training Field 35-~~ AdminitrationlIaroorr~ Building 5~-~~ MISCELLANEOUS ELEMENTS AND USES ~4 PHASING PLAN ~~-7~ ~NCEPTUAL DRAUVINCS ~7-8~ Kirk~atric~ Architecture tudia 1 Dentar~ Police and Fire Training Facility PREFACE The follov~ring information was prepared for the proposed Denton Public safety Training tenter. Every attempt eras made to provide the most accurate information passible at the time of production. This document is intended to serve as a guide to future design decisions and i not intended to be used in the design or construction of elements described, Without further verifcation, adjustment, and improvernent. The information herein should provide the basis for a more detailed program to be developed during the design process. The unintended use or reproduction of this document ~vithout the v~rritten permission of the producing parties and the pity of Denton is prohibited, liirkpatrick Architecture tudia ~ Denton E~olice and dire Training Facility MATES PLAN OVERIIIEIN The world has become a dangerous place to live, work, learn, and worship, Natural and man-made disasters continuously demonstrate the risk associated with Being unprepared. Although few people doubt the value of swell-trained public safety response force in the pQSt-gl~ 1 world, even fewer realize the lack of such a trained farce in communities throughout the country. This is especially true in smaller communities where the cost associated with developing response capabilities has led many communities to look away and hope far the Best, Millions of dollars are spent each day on initiatives designed to improve the safety of our nation, Unfortunately, very little of that has addressed the greatest, most fundamental need, which is the training of public safety farces to handle disasters. Recent events in the aftermath of Hurricane f~Catrina have painfully demonstrated the role of local response agencies and brought to light the cost associated with neglecting this reality, It is foolish to believe that the Federal government wi11 ever have the resources to deal with local tragedies in the first hours and days of a tragedy. If the lo- cal response agencies are not prepared, it is less likely the Federal Government can be effective when they finally arrive. The efforts of the local gQVernments and response agencies gill largely predict the extent of the damage and speed of recovery. The responsibility of a prepared response falls mainly on the shoulders of the local com' munity. The unprecedented demands currently placed on emergency responders, including the constant threat of terrorism, combined with a decreased number of viable training facilities, creates a dangerous void in the level ofcommunity and agency preparedness. lUlany current facilities lack the ability to replicate the types of hazards responders must be prepared to mitigate. The lack of realistic training facilities makes it difficult far the most progressive of er~ergency agencies to provide the level of preparedness that will truly have an impact in the early stages of a disaster. The lack of training opportunities has created a situation in which a great deal of money and paperwork is consumed in efforts that make people feel better, but are unlikely to make any difference in a community's response capabilities, Kirkpatrick Architecture tu~ia 3 Denton Police and Fire Training Facility In order to effectively make a difference in ~ community's response capability, a strong educational end training support system is required. 1Nithout a Strang system, it becomes Jiff cult, if not impossible, for responders to safely and effectively meet the challenges faced by the current service requirements, Each new page we add to the service delivery book reinforces the need far a strong system. The problem is the system has not kept pace. There was a time when public safety training was primarily hands- on. Most departments and communities had access to some type of hands-an training through low-tech firing ranges, and burn buildings, ar by utilizing acquired structures. These types offacilities increasingly cams under close scrutiny, as more people became aware of environmental issues associated with their use. fiver time, due to lack of maintenance end the high cost associated with upgrading and rr~aintaining them, these training facilities were abandoned, in light of new, tougher enacted standards. Environmental agencies have increasingly frowned upon the use of acquired structures, as well, and the cost of items, such as lead abatement and air pollution reduction, has led many to simply da without. This shortage has continued to grow, while the der~ands placed ors the responder have increased dramatically. The addition of services has created the need far a highly educated, highly trained emergency response force that can perform at peak levels while executing an unprecedented variety of tasks and skills. These demands have led to the current shortcomings in emergency response training at national and local levels. Construction of an advanced facility, as described in this document, presents an opportunity far the pity of Denton to become a major farce in setting new standards for quality emergency service training and improved community safety and preparedness. By building a state-of-the-art training facility that addresses both the academic and the technical requirements ofthe modern emergency responder, the pity of Denton will become a leader in public safety, producing well~ducated and realistically trained responders. The results will allow training to move beyond what is required, and address needs of realistic preparedness and a safer community. Kirkpatrick Architecture studio ~ Denton Police end Fire Training Facility SUMMARY ~F REEARH FINDING In an effort to discover and validate training needs, an extensive series of research efforts was carr~pleted. The research included focus group meetings, literature review and discovery, comparative analysis of past f ndings and departmental surveys. The goal of the research effort was to make a realistic determir~atian of need, based on historical evidence and evaluation of current and future requirements. The analysis of the departmental surveys proved to be the mast compelling of the efforts, because the Endings were not only consistent with national data, they were locally unique in revealing the specific needs of the police and fire departments. A complete review of the findings of the departmental surveys is included, and itpaantsa pictureof greatneed. Membersof both police and fire departments frequently expressed the deficient nature of current training programs, with many expressing the inability to retell any recent training that was beneficial to their position Mast surveyed members stated that the most valuable training they received was bends-on training, but most also stated the pity did not have facilities to accommodate this type of training. Both departments expressed the feeling that the best, rr~ot recent training they have bed was in a specialty field, but most also believed that there was a serious lack of training on the more common types of calls. ~Ithough cr~rrent training programs meet state mandated standards, police department responses unanimously reflected a severe deficiency in the ability to obtain truly beneficial training. Members of the tactical team listed monthly training a very beneficial to their~ob, but several expressed the opinion that non-members were deprived of similar quality training. No other population of the police department expressed confidence in current training capabilities or opportunities. An uncomfortable number of respondents stated "none" when asked what beneficial training they had received recently from within the department. Mast members indicated a strong desire to receive quality training, but lamented the lack of opportunities. civilian employees expressed an even greater lack of training opportunities, and many stated that they had only received on-the~job training The trend seemed to be consistent with that of many jurisdictions, where money and facilities far training are looking, and as a result, only a select group regularly receives quality training. The fire department respondents expressed an equal lack of training capabilities due tv the complete lack of facilities. Most members indicated that they did not receive realistic training in the areas they Kirkpatrick Architecture tudia ~ Denton Pa~rce and Fire Training Facility ere likely to encounter most frequently. Many cited the inability to train in realistic scenarios v~rith multiple companies and multiple agencies, dome of the veteran firefighters feared the lass of the basic skills of firefighting, because the only training they seem to have is specialized training. As with the police deparkment, the trend seems to be consistent with what is fund nationwide. Departments are making do with ghat they have, and the result is training that does very little to improve ar even maintain fob readiness. The comparative breakdown of responses by both agencies is remarkably consistent. ~ statistically significant number of respondents from both departments indicated the need for hands- on training. Illlost ranked hands-on training as the mast beneficial type of training, A similar number indicated that current facilities do very little or nothing at all to address that need. IVlost courses and training programs appear to be delivered through lecture, while strong evidence indicates hands-an is the most beneficial to jol~ performance and safety. The response to whether current facilities cantril~ute to beneficial training was overwhelrrringly negative. Another disturbing finding was the lack of training between departments. purvey responses imply a total lank of point training, when ample evidence i available demonstrating the importance of this type of training. The picture painted reveals training that provides for the minimum required by law, but very little that truly irrrpacts emergency service response in a progressive manner. The information discovered is not unique to the pity of Denton. Many communities, especially fast growing communities, are facing similar circumstances. Although the findings are generally negative, one important positive was revealed: mast of the training deficiencies are due to a lack of funding and facilities, rat#~er than the lack of a r~rrotivated and professional work force. Members of bat#~ departments unanimously expressed the desire to improve their training and performance capabilities, Mast of the training that was reported a positive was the result of dedicated people going above and beyond normally available training. The constant battle to locate adequate training facilities could very easily suppress the desire and motivation to train, but members of both departments seem to crave the opportunity for improvement. V1~ith this in mind, the research can be considered positive, in that it provides an opportunity to respond to a problem, that if not addressed, will continue to worsen as the pity g rows , The findings of the analysis of perceived importance of facilities, were consistent with all findings of the research, and should be utilized to assist in phase planning. Kirkpatrick Architecture tudia ~ Denton ~aiice and Fire Training Facility pity of Dentin Public safety Facilities faster Plan purvey Results source: All submitted and useable surveys} Note: charts depict combined scores of Police and Fire ~epartrnent respondents. The chart indicates the percentage of erri- ployees that responded to the statement. Far instance in chart ~, 1 g°lo strongl~r disagreed, just under 4D°lo disagreed, slightly more than ~g°lo were neutral, and just under 2D°la agreed vuith the statement. 5=strongly Agree 4=Agree 3~IVeutra~ 2=disagree ~=strongly Disagree ~(irkpatrick Architecture t~die ~ Denton Police and Fire Twining Facility ~=strongly Agree 4=Agree =Neutral ~=Disagree ~=strongly Disagree ta~ement 1: urre~nt Training Prov~de~ frequent opportu- nities for handy-on practical evolution. ~. ~ ~. ~ ~. 4 t~tement ~ ~, ~ ~. ~ ~. ~ Level of Agreement MEAN MEDIAN I~I~D~ ..~,.s. ,. ~ ..t. ~.,h..~...: ~,,.:.:. u.,:.r x, yT.~. ~s.. ,.~}n; .xM1 ~,.a~.s ~.rt. as sh yr ,~,'.,~ r PLIE-.RE~ ,, , ,~.. ,.,,ww'.. .x?, rF~:. .,,~+,rr. ~rYr~N 'F ~' ~ :r.':..:.~•~::: ,... ~.~:~ " °es: ~wxw5~ .Rr. ,.~N,.. .x h~. >n• ..H~,~.:.x.r f~ .:ii L/.~~S~~4/~. 1.: ~~ ,. > ,ri: ,~.a±arr ..~~ r.~ar., me.,~.a~.~],ck.~:~_G. '~i Ai ~:. fin;. .ram," .'.'s a; ?x~.. FIRE RE~~ENT x.598 ~ II~BINED ,~ $ 2 2 tterr~ent ~: Most Departmental Training is delivered primarily via the Internet. ~,~ ~.~ ~,4 statement ~ ~,~ ~.~ 0,~ Level of Agreement DEAN i~IEDIAN i~I~DE .. , . ,~: , .. ;, ,, ,. , ai k° a; u, ~ ` ~~ ~ , . , :. ~ m, PLI~E`~ RED ~ ~~~;:~: ~ _rr. „~~, k. .„, ,... ~.. s«,k ~.,' sl,w•..F¢a 3.a' d ~ . •.: •; ia«,.,n.o..ar wa.i fl ~«.,: -~ ..w;Mh ,. , ~: ;~; .~.u i.ra:~a;A y FIRE RESPONDENTS 1.9~ ~ ~ \f~l~~F~ED ~rol/~ Kirkpatrick Architecture tudie ~ Denton Police aid Fire Training Facility ~ ~ ~ ~ ~ ~ ~ ~ a=tr~ngly Agree 4~Agre =Neutral ~=Dieegree '1=tr~ngly Disagree tater~ent Most Departmental Training is delivered utilizing lecture as the primary format. ~.~ Q.~ Stateme ~ Q ~ 0.2 0 MEAN MEDIAN MODE POLICE RESPONDENTS .~41 4 4 FIRE RESPONDENTS .~~1 4 4 COMBINED 3.74 4 4 Statement 4: Training generally takes place at the company or individual level. ~.~ 0.~ Statement ~.~ ~~.~ ~.~ Level of Agreement MEAN MEDIAN MODE POLICE RESPONDENTS .4g~ 4 4 FIRE RESPONDENTS .07~ 4 COMBINED .~~ ~ Kirkpatrick Archi#~ctur~ tud~a 9 Denton Police and Firs Training Faci~i#y 1 2 3 4 5 Level of Agreement 1 2 3 4 ~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • S=Strong iy Ag ree 4=Agree 3=Neutral ~=Disagree ~ =Strongly Disagree t~tef~l~l~tJ: Officerslornpanies frequentiy train together. 0.4 ' 0.3 Statement a.2 5 0.1 0 Level of Agreement MEAN MEDIAN MODE POLICE RESPONDENTS 3.90 3 4 FIRE RESPONDENTS 2,84 ~ COMBINED 2~4~ 4 Statement ~: Practical Evoiutian take place in ~ very realistic environment. g,~ g,~ g,~ Staternent ~ g.~ g.1 Level of Agreement MEAN MEDIAN MODE POLICE RESPONDENTS 2.59 2 ~ FIRE RESPONDENTS .fi 2 2 COMBINED 2r5~.I~ 4 f~ Kir~~atricic Architecture Studio 10 Denton Paiice and Fire Training Facility ~ ~ ~ 4 ~ ~ ~ ~ ~ • • • t • • • • • • • • • • • • • • • • t • • • • • • • • • • • • • • • • • • • • • • ~=trOrl~~]~ I~~ree 4~Agree =Neutral ' ~=disagree ~ =atrartgly Disagree ~a~ell~erit ~: current training exceeds the minimum level required to maintain certification and licensing, ~.~ ~.3 Staternen# ~.~ 7 ~. ~ MEAN MEDIAN MADE • ... . . ., N EIV~`~F;. • ,: •.P~LIErREP D •~ ~:: . . ~: 4 ~~~:' 9: FIRE REP~NENT ~,9~ 4 statement ~: The most beneficial training I have received has been delivered Within the department. ~.~ ~. Statement ~ ~. ~.~ MEAN MEDIAN MODE .. , ...,.,N: w, M._ .. ~ ..: ,..:. P~LI~ P ~EM.=REP ~~g IVDENT`A~ • .. ~., .,,,. .. . ~ .,...a...,,.r,..:... ..2.,.:.,.... ~.,:...:i..S Fl RE REPON SENT : .. '~:~4~-~:~; , . •At, aka y; ~,8~ ~~~ •~ , : i, •~`,~,: :a ~ . ~ 4 COMBINED x.774 ~ ~ 14irkpatric~ Architecture Studio ~~ Dentan Police and Fire Training Facility ~ 3 ~ ~ Level of Agreement ~ ~ ~ ~ ~ Level of Agreement 5=trvngly Agree 4~Agree =Neutral ~ =Dieagree ~ =Strongly Disagree Statement 9: Emergency service agen~i~ frequently train together. ~.~ a.~ Statement 0.3 9 Q.2 0.7 0 Level of Agreerrrent MEAN MEDIAN MODE PLiE RESPONDENTS ~.~ 2 ~ FIRE RESPONDENTS ~ ,984 ~ ~ ~MBINED 2.07' ~ ~ Statement ~ ~: Technology i used in the classroom t~ enhance the training environment and improve learning, ~.~ ~.~ Statement a:~ 10 0.~ a.~ 0 Level of Agreer~ent MEAN MEDIAN MADE P~LIE REP~NDENTS 3.448 4 4 FIRE RESPONDENTS 3.21g 4 4 ~~MBINED 3.328 4 4 Kirkpatricl~ Architecture Ludic ~2 Dr~tan Police and Fire Training Facility 1 2 3 4 ~ ~ ~ ~ ~ ~=strongly Agree 4=Agree =Neutral 2=Disagree ~ =tror~gly Disagree ~a~e~11~11~ Technology is used to enhance the realistic nature of practical evolutions. d.~ d.3 Statem 11 O 2 0.1 0 MEAN MEDIAN DDE P~I.iE REP~NDENT ~.74~ 3 ~ FIRE REP~NDENT ~.9~4 ~ ~ ~MBINED ,~o~ ~ statement ~ 2: Current training provides for the minimum level of training required to maintain certification and licensing. 0.6 0.5 Statement ~~4 i 2 0.3 0.2 0.1 0 Level of Agreer~ent MEAN MEDIAN MADE P~LIE REP~NDENT ~.G~ 4 4 FIRE REPDNDENT ,~~ 4 COMBINED x.48 3 4 ~Cir~patrick Architecture tudi~ ~ 3 Denton Police and Fire Training Facility ~ ~ ~ ~ Level of Agreement 1 2 3 4 5 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • t ~=~ronglyAgree 4=Agree =Neutral 2=Disagree 1=tangly Disagree stte~lent ~ J. The rr-ot her~eficial training to my career has involved hands-on training. a.~ o.a Statement 0.3 13 p.2 0.1 o MEAN ME~~AN MADE PDLiE REP~NDENT 4.79 4 4 FIDE REPNDENT 4.049 4 4 ~MBINED 4.~~ 4 statement ~ 4. Mvt department training prcgrar~ utilize practical evolutions and handy-on training. ~.~ a.3 Statem 1 ~ ~ 2 0.1 D Level of Agreement MEAN MEDIAN MDDE P~LiCE REPNDENT ~.8~4 ~ FIDE REPONDENT ~.7~4 ~MB~NED ~.1~~ ~ #~irkpatrick Architecture tud~a ~4 Denton Police and Fire Training Facility ~ ~ ~ ~ Level of Agreement 1 2 3 4 ~ • • • • • • • t • • • • • • • • • • • • • • • • • • t • • • i~ • • • • •' • • • • • • 5=strong ly Ag ree 4=Agree =Neutral Z~Disagree ~=strongly Disagree ~ate~'1eC~t ~ ~: Departmental training is delivered primarily in a self-study format. ~.~ ~.~ statement a. ~ 5 ~.~ 0.~ Level of Agreement MEAN MEDIAN MADE P~LIE REP~NDENT ~,4 ~ ~ EIRE REP~NDENT x.54 ~ ~MBINED ~.4 ~ ~ tatement'Ifi: Existing training facilities improve my ability to provide quality service to the community. 0.4 0.3 Stateme~ 6 a.~ 0.1 0 MEAN MEDIAN MDDE P~LI~E REP~NDENT ~.4 ~ ~ FIRE REPONDENT ~ .90 ~ 2 MBINED .~ ~ Kirkpatrick Architecture tudia 1 ~ Denton Policy and Firs Training Facility ~ 2 ~ a ~ 1 ~ ~ ~ ~ Level of Agreement • t • • • • • • • • t • • • • • • t • • • • • • • • • • • I• • • • • • • • • • • • • • 5=strongly Agree 4=Agree =Neutral 2=Disagree ~=strongly Disagree s~~teC1'lellt ~ ~: The most beneficial training I have received has come from outside the department. ~.~ 0.4 Statement ~~~ 17 ~.~ 0.1 0 MEAN MEDIAN MADE ,. ... ~PLIE~REP.~N }~~ENT~~~~ :~3~~::~~:~:~~~°.:;~ ,.. `4: ~~ ~ , 4 - FIRE REP~NaENT .3~ ~ ~MBINE~ 3.5D~ 4 4 statement ~ $: Exiting training facilities provide a realistic environment for training. 0.4 0.3 Stateme~ 8 a ~ Q.1 0 MEAN MEDIAN MADE I ~::E::REP~IV~E~NT~ PL ' ~ r~.o. ,r.w,r...ih..,,... 6o t... ~. ~'> ~ -~~48~A: ~: ~ ...'.,..t. ' }'. , .:s4.,s~"'a ~,2::,-`. ~ ~ - ; FIRE REPNDENT ~ .1Z1 ~ ~ ~M~INED .~~~7 ~ ~ Kirkpatrick Arohitect~re studio 1 ~ Denton Poiiee and Fire Training Fa~i~ity ~ ~ ~ ~ Level of Agreement 1 2 3 4 ~ Level of Agreement • • • • • • • • • • • • • • • • • t • • • • • • • • • • • • • • • t • • i • • • • • • =#rongly Agree 4=Agree =h~eutrai =Disagree ~=tr~~gly Disagree taterr~ent 1.7. Existing training facilities are utilised frequently to maintain and improve my skills. ~.~ ~.~ Statem 1 g 0.~ 0.1 Q MEAN MEDIAN MADE P~LIE REP~NDENT 2.~~4 ~ FIRE RE~~NDENT 1.9fi~ ~ 2 DMB~NED 2.98 2 tatemer~t ~~; The most beneficial training in my career has been lecture based. ~.~ ~.~ statement ~.~ 20 a.~ ~ . ~ MEAN MEDIAN MADE P~LIE REPONDENT 2.241 ~ ~ FIRE REP~NDENT 2.13 2 ~ ~MBINED 2.2~ 2 2 Kirkpatrick Architcctur~ tudia 17 Denton Paiice and Firs Training Facility ~ ~ ~ ~ ~ Level of Agreement 1 2 3 4 ~ Level o#Agreement ti~' SIR R:P~~.I~~: .~:}P~L~.~Ay~RE~~~~~NE~:~:~: i '~ ~} C 'Ji+ } ~ L ~ "/!mil 4 ~ ~ ~, ~ ~ ~ ~ ~ C ~ ~~,~ 5 ~' ~. ~. ~~ ~~ ~ ~. ~~::~: ~ ~ C ~ ~ ~ ... ~, . ~ ,; ~C. ~. ~,, '~~~' .1~~!~ .s~,<", ^$~, ~~'~~,,~~~ `~,~,"~Yf ~w.~Pi .~M~~n~'.i tiL.;::,:2wN,sLnf:~~~:i a;:~~~:VVV :5`>, ~''.~s~.~ :ix'swYc~kt~~.AYEY ] C L ~ 3 ~ ~, ~ C ~ ~8 1 11 1 ~ ~~ ~ 2 5 ~ 44 7 ~ ~ 0 ~ 4 4 4fi 4 ~ 8 ~~ ~ 9 ~ ~ ~~ ~ ~ 9 ~ ~ 4 1~ 1~ ~ ~ ~ 9 fi ~~ 4 4 ~~ 5 ~~ 5 2 ~G 1~ 1 0 ~ 33 24 4~ ~ 59 38 ~1 ~ 11 28 ~~ 9 ~ 1 4~ 2~ ~ 2 ~4 T5 ~ 34 3 7 5 ~T ~~ 2~ ~ ~ ~ 29 3 13 54 ~7 5 8 10 ~4 1 ~~ 14 42 ~~ 2~ 9 ~4 5~ 3 4~ ~2 ~1 2? ~ 5 ~ ~ 43 1~ 1~ 2 ~ 70 ~4 1~ 3 10 5 9 13 32 3 ~9 ~fi 59 5 8 ~8 39 9~ ~ ~ ~ ~ ~ ~o ~ ~ ~ ~ ~~ ~ ~~ ~ ~ a ~ ~ ~4 ~~ ~ ~ ~ ~ ~ ~~ ~o o ~ ~ ~ ~ ~7 ~ ~ ~~ ~~ ~~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ s ~~ ~~ ~ ~ ~ ~~ ~~ ~~ ~ ~~ ~~ ~ . o ~~ ~~ ~ ~o o ~~ s~ s~ ~~ ~ ~~ ~ ~~ ~~ ~a ~~ ~ ~~ ~a ~~ ~~ ~ ~~ ~ ~o ~~ ~~ ~~ ~o ~ ~ ~ ~o ~~ ~~ ~~ ~ ~~ ~~ ~ ~~ ~ 19 Z~ ~5 11 4 ~ 11 43 ~D ~ ~ 3~ ~8 ~~ ~0 15 ~S 1 ~ 4 ~4 5~ 2~ 1 ~ 2 39 ~~ 34 ~ 5 Total Fire Resonses 61 Total Police Responses 112 Total Combined 173 ~Cirkpatrick ~rchi#ec#ure Studio 1 S Denton Police end Fire Trair~ir~g Facility ANAL~ft ~F REIJL1' REARDIN PRIORITIES ~F FA~ILITIE Fire ~ep2~~#men# Sixty-one (61) surveys were submitted by members of the fire department. Of the 61 surveys, 52(85%) were useable. The pages on the remaining surveys were either blank or completed incorrectly. Of the 5 useable surveys, data was compiled in different gays. • The number of times a type of facility was chosen as of one of the top five priorities by the respondents • The importance of the facilities based on the frequency of assignment of numerical priorities • A listing of the facilities based on analysis of responses Kirkpatr~c~ Architecture Studio ~ ~ Benton Police and Fire Training F~ciiity I~irk~~trick ~rehitecture tu~~a 20 Denton Felice end Fire Tr~inin~ Fac~iity Police Department one hundred twelve ~1 ~ 2} surveys were submitted frorr- employees of the police department. ~f the 1 ~ 2 surveys, 9g ~88~1~}were useable. The pages on the remaining surveys were either blanker completed incorrectly. Of the 99 useable surveys, data was compiled in different v~rays. The number cf times a type of facility was chosen a of cne of the top five priorities by the respondents The importance of the facilities based on the frequency of assignment of nurrrerical priorities A listing of the facilities based on analysis of responses. . .. .. . ~ ~ ~ ~~ . ., . . ,~ ... ...: - ., ... . ~ N-..:r~ . . ..n... PL~~.~D~PART~IENT~~R~P~~N~-~ : ~~ - :. ~ . .. r. NU~IBER~~:~~~~~~~I11~~~~:F~ '~}ITY~I~VA~~EETED::~~~- .: ;..: _ . -.:; . . - i' .~~ ;. ... :..::' :c! FACILITY Times Listed Regardless ~f . Pr~or~fy of Percentage . d Times Late BafetyVillage ~1 ~~~~ classroom 77 11.8 Tactical Burn Village ~ 2 1 ~.~ BpiIIIHA~1111AT ~ 18.6 Bwifkwater 4 4.0 NFPA Driving bourse .0 Arson LablTrainer 10 14.1 Bomb Trainer 9.1 BVO~ Driving bourse 70 74.D Tactical shoot douse ~6 16.7? Bike bourse ~~ X8.0 Firing Range 8~ 81.8 sniper Range 18 18,0 i'Cirkp~t~ick Architecture tudic ~~ Dentan Police and Fire T~aini~g Facility .. ,w .... ... . , ., . ,: . , . ~ ... ~ ......:... ,. `(,., :,r.:.:'., ,, .., ~,,:. ;.:,: r. ' ` .~.`. ,;,.. .. .i~~~h.';:'.y~~n'.Y ~', ~~t:.K. ~7: tr. <"r.fi '=~,'~;~ ~,:~: x,.wa;: $, ~.y„.' . ,. ;. t . ' f ~. . ~. :. ' ..' ' II~~ . i , i... '; j 1• r ~, •l:•'~ ~yr .~. ?a~Af~~~~ `. . ~:.,.y . ,:f. ;%~~:. ',~.':, .~i.~ `a. .~ , , .:. . i, ~:..,~ . ":ate ., . . .f Num~~ri~of T ~ ~t~j . ~ .. , .. ' .~ . - ~B~ :~P~~or~~:. ~ . . .. . f: ' .. ~ ~~.. .. r' ': ...: t.. ..• ~ ~.pa ~• ~' ~ ~'•.. . , .. ~ . .. Total Times Listed ~ ~ Most 2 3 4 Least N=99 Important Important Tactical Burn Village ~ 1 3 4 ~ 2 piIIIHAIMAT ~ 2 2 ~ ~~ classroom 41 1 ~ 9 ~ ~~ NFPA Driving ~ou~se ~ 1 0 5 safety Village ~ 18 19 ~ 0 ~ 1 71 v~riftwater o 2 7 ~ ~ 4 Borrwb Trainer ~ 1 ~ ~ Arson La~ITrainer ~ ~ 0 1 ~ Firing Range 25 ~~ ~ ~ ~ ~ 8l Tactical shoot louse 1 ~ ~ ~ ~ ~ ~ 8 ~ 3 7~ EV~~ Driving bourse 1 ~ ~ ~4 11 ~~ Bike bourse ~ ~ 1 1l ~~ sniper Range ~ ~ 2 g ~8 }~irkpatrick Architecture Studio ~~ Denton Malice and Fire Training Facility o~ir~ed ~tan~ ~u~b~r ~f T~r~t~ a Fri#i~y uva~ effete ~y Pr~o~~ty ~M=~ a~ ~ Total Times Listed ~ ~ Most ~ ~ 4 Least N=99 Important Important 1-classroom 54 ~~ ~ ~ 1 ~ ~ 2 ~ ~2 ~-Safety Village ~ 7 23 ~8 ~ ~ ~~ ~ ~~ ~-Firing Range 2~ ~ 1 ~ ~ 10 93 4-Taoticai Shoot House 1 ~ ~ S 18 ~0 14 80 5-E~ Driving bourse 1~ ~3 ~~ ~~ ~~ fi-Tactioal Burn Village ~ 13 5 ~ 4 ~~ ?- pi I IIHAZMAT 1 ~ 1 1 ~ 12 1 ~ ~ 8-NFPA Driving bourse ~ 7 ~ ~ 2 ~ ~ 4~ 9-Swiftwater ~ 5 8 7 8 28 ~ ~-Bike bourse ~ 1 1 ~ ~ 8 ~7 ~ 1-Bomb Trainer ~ ~ 4 ~ 4 18 ~ ~-Sniper Range 1 ~ 2 ~ 9 18 ~ ~-Arson LablTr~iner ~ ~ 5 3 ~ 17 Kirkpatrick Architecture Stadia ~3 Dentan Police and Fire Training Faciiity Priority based on point ~yt~m Kirkpatrick Architecture tudia ~4 Benton Malice and Fire Training Faciiity MARKET ANALYI ~ market analysis was conducted to determine potential opportunities for revenue generation thraugh parknering andlor outside participation. Although na historical evidence was found showing public safety facilities generating return an capital investment, many facilities were found generating sufficient revenue tv allow far ongoing rr~aintenance end upgrading of facilities, while reducing the training oust to the primary user ar users. Existing facilities that attempted to recoup the cost of constructing the facility by passing the cost slang to outside users, often faund their pricing structure exceeded the user's ability to pay. This factor seemed to be consistent in all of the facilities benchmarked. In the state of Texas, as well as nationally, the trend seems to be toward developing training facilities thraugh a cooperative partnership between community colleges and local jurisdictions. The community college has the advantage of providing a natural geographical service area and usually has state-supported funding capabilities that allow for a reduction in cast of delivered training. Vvithout this type of partnership it becomes difficult to produce quality training without exceeding the users available funding, The pity of Denton and North central Texas allege ~NTC} are uniquely positioned to capture a market that is critically undererved, IUlarket information indicates that the primary users of a training facility of this type came from within a one hour driving distance of the site. The research also shows that it is difficult far agencies to da training with multiple companies or officers if a training facility is not within 3g minutes driving distance. Facilities similar to the ane proposed are located at Collin bounty ammunity allege in ~IlcKinney, Texas and Tarrant bounty college in Fort ll~larth, Texas. The distance to these facilities make it difficult, if not impossible, far the' pity of Denton to send large numbers of personnel to conduct joint, multi-agency and large scale training. It also leaves a large population of small agencies to the Narkh, Northeast, and Northwest without the capabilities far training at a realistic facility. Kirkpatrick Architecture Studio ~5 Denton Police and Firs Training Fac~kity pity of Denton service Area X12 hour and ~ hour driving time N DTI Service Area by county Montague ~ ke G n Wise Der~ltOn ~ Co6in 1 t Parker 47~ has ~ Mantagt,e Caake Grayson Wise Denton Colin Parker Tarrant Dallas Due to the incredible growth experienced and anticipated in the Brea, the proposed facility has the opportunity to capitalize on a transitioning customer base. The underserved area contains ~ large number of srr~all and volunteer er~ergency response agencies This demographic has traditionally been left out when it cores to quality ongoing training utilising state~of-the-art facilities. Due to the rapid growth of these areas, many of these agencies gill face similar problems as those faced by a growing population in the Denton area. The new facility has the opportunity to provide greatly needed training to this market segment and to cater to their unique, but changing circumstances. As these comrunities grow, the opportunity exists to transition these customers into ongoing traditional training programs and solidify the market position. Kirkpatrick Arc~itec~ure Studio ~~ --- Denton Paiice and Fire Training Facility A review of market information provided in a 20~~ study far the pity of I~entan was determined to be unrealistically inflated and thus, unusable. Revenue amounts presented were after Bauble the current market indications. The rationale behind the projected number of available training days was also questionable, and ~ reviev~ of operating facilities found Wane that could come close to producing evidence of numbers this high. A review of the major employers in the pity of Denton found that the majority of the medium-sized and large companies are potential customers for the facility in courses such as, confined space training, extinguisher training, fire brigade training, private security firearms training, crime prevention and safety training, etc, Although it is important to provide a level of service to these agencies, it is also important to remember the care user of the facility. opportunities should be explored that create partnerships in areas that will help the response agencies of Denton to work better v~rith these employers in cases of incidence that impact bath parties. Finally in spite of all of the potentials far revenue and expanded services, evidence historically points to problems when these concerns became tov important. Many facilities have fallen into the trap of trying to generate revenues by catering to outside agencies, especially ones that are willing and able to pay a higher price for training often, this benefit comes at the expense of the agencies that were the inspiration for the facility in the first place. vUhen revenue becomes the driving factor, the primary user's training schedule is precluded by revenue-producing schedules, and they become limited in their ability to train. This effectively negates the reason the facility v+ra constructed in the first place. Kir~Cpatrick Architecture Studio ~T Denton Police and Fire Training i=acility R~P~N~ T~ FINDINCa The construction of the Denton Public safety Training Center will produce immediate benefits to the City of Denton, Denton County, and surrounding counties and corr~munities. arse of the mast obvious broad-based benefits are listed below. Benefits specific to each rnajar component are captained in the next segment. • Provide much needed space to meet the needs of City of Denton response agencies, as well as those in the surrounding area • Increase the ability to after state required continuing education to Denton police and firefighters as well as to the thousands more in the surrounding area • Allow for an expanded curriculum and additional courses • Provide space for the overlapping of basic academy classes • Pro~ride space for scheduling seminars and mayor emergency response conferences, v~rhich wil+ increase the visibility end position of the City of Denton, while providing advanced training at a realuced cost to the City • Provide the ability to meet requirements of the Texas Corr~rnission an Fire Protection and Texas Commission on Law Enforcement Officer standards and ~ducatian all ip one locatiop • Provide access to a realistic apd complete training environment combining boththementalandphysical requirementsoffirefghting, law enforcement and combined emergency response The crucial element in the design of this Training Center is the integration of the parts to create a greater whole. Bach of the individual components of the Training Center fill a very specif c need, but the success of the design will be the relationships that are developed between components that maximize the learning experience. The separate areas of the Training Center each play a vital role in the complete product; and the connections and transitions between these areas should be strongly considered in ail design decisions. The loss of connection between any of the components will reduce the opparkunity to create a complete learning environment, by diminishing the very element that would make it one of the premier public safety treining facilities in the country. i'Cirkpatrick Archi#ecture tudia 28 Denton police and Fire Trair~in~ Facility MAJOR ~~IPNENT ~VERVIEVII Trair~in Field act' I Live-Fire Tr inir~ hill ~ The Training Field, including the TacticallLive-Fire Training pillage, Firing Range, and emergency driving bourse, is the area of greatest need and represents the greatest potential for increasing the quality and quantity of programs. A recent survey of area department training needs revealed the lack of realistic hands-on training as the farernast obstacle facing most agencies. This pattern is consistent throughout the country. The decreasing availability of realistic training has led to an increase in injuries accompanied by a decrease in job performance. This type of advanced training facility is beyond the financial capabilities of most communities; but the lack of access to such a facility can lead to a dramatic increase in lasses as the result of injury, liability, crime, and fire damage. The construction of the Training Field and its components will: • Improve realistic fire training thereby reducing the number of injuries and deaths of firefighters and civilians Reduce tl~e amount of losses associated v~rith fire damage • Reduce liability associated with incidents requiring force • Improve officer safety through realistic, real time scenarios Increase the capabilities and rr~orale of firefighters, police officers, and all emergency service workers • Provide improved training to other agencies such as the sheriff's department, lapel police departments, volunteer fire departments, ambulance providers, utility companies and private industry Provide predictable, consistent, documented and validated training with live-ire simulators, state-of-the-art firearms training, and validated emergency driving scenarios. Help county communities reduce insurance premiums Tactical~Live-Fire Training Buildings are the centerpieces of the Training Dril! Field and represent the greatest opportunity for the fire department in the entire project. The Live~Fire Training Buildings will provide the ability to conduct many different classes and functions including: • Live~Fire Training Basic Firefighter Recruit Training • Industrial Fire Training ~[irkpatri~k Architec#ure Stadia ~9 Denton Pali~e and Fire Training Faeiiity • Petroleurr~ Fire Brigade Training • Strategy and Tactics Masses Fire Inspector Masses Fire officer Masses Arson Training Apparatus Qriver operator Masses • ~iazardous ~IlaterialsAwarenessTraining . • Hazardous Materials ~peratians exercises Hazardous Materials Strategy and Tactics Training • High Angle Rescue Training i confined Space Rescue Training * High Rise Command Training High rise Fire Training • Ladder Training • Aerial Ladder Apparatus Training • Technical Rescue Training • Pump operation Training • Standpipe Training Automatic Fire Protection System Training • Terrorism Training • Mass casualty Training The Live-Fire Training Buildings will be operated by a computer controlled propane and natural gas fire simulation system. Instructors custamizeflre-training scenarios by selecting parameters v~rithin pre- configured training exercises. computers relay these specifications to burner controls and consistently monitor the proficiency of the trainees a well as the safety conditions within the burn building. Firefighters will encounter lifelike propagation and realistic responses to their actions, while constantly being monitored for safety. if safety guidelines acre exceeded, the system automatically shuts dawn, Manual shutdown switches are located at egress points around the burn buildings and at the instructor's stations. Printed reports validate the training experience after each session or data can be stared for future review. The simulator enables the instructor to create virtually any fire situation imaginable. Artificial smoke and clean burning fuel eliminate the environmental hazards in the state-af~the-art Live-Fire Training Buildings. ~Cirkpatrick Architecture Studio 3~ Dentcn Police and Fire Training Facility The benefits of this type of system include: • Prograr~rr~able degree of difficulty • complete operator contra) of training • consistent end repeatable training exercises • Logging of training scenario data • consistent response to trainee actions • Improved safety • Increased training effectiveness * Virtual elimination of environmental impact • Increased life span of the Live-Fire Training Building • Reduced operating cast of live-fire training The TacticallLive Fire Burn Village also provides a unique training ground for the police department on a scale not available to mast departments. The bnefts to the police department include the ability to train in a realistic full-scale training village that provides many different types of buildings and structures encountered in the comrr~unity, Rome of the anticipated training includes: • Building Bearches • Forcible Entry • Tactical Team operations • Traffic Btops • Traffic Incident Investigation • Drug Lab Intervention and Investigation • ra~ud control • Multi-Agency Training • Bimunition Training • Bike Training • Faat Pursuit Emergency Driving ~Cirkpatrick Architecture studio 3~ Denton Police and Fire Training Facility Adminitrativellaro~r~ Buiidin~, The Administrative and classroom Building is the final component necessary to create an integrated educational public safety training facility that efficiently serves the emergency responders and the corr~munity. The design goal of this component is to create a building that becomes an integral park of the learning process, rather than a building to house a learning institution. The idea is to create an environment that plays a role in mentally preparing the student to learn, The building function should maximize interactive opporkunities and give the student the sense they are truly in a higher education environment. This dynamic learning environment gill complement the other areas of the Training tenter and provide the opportunity far a unique educational experience. It will also provide trernendau opportunities to meet the needs of the large service area. The ability to assemble a large number of students in the same facility can have a great impact on the level of communication and educatianal exchange between area departments. The building will allow the student to learn in a comfortable environment, with limited distractions, and by design, will promote interaction and knowledge exchange. Design features that honor the tradition of the police and f re service throughout the years will also help instill a sense of pride and loyalty in the students attending courses. Each classroorr~ in this facility will be designed to address the unique requirements of emergency response education. Individual design features that consider the firefighter's and police officer's need to blend academic learning with hands-on technical skills will enhance the student's ability to combine the two aspects. All classrooms gill be designed to match the nature of the specific types of response education with the mast efficient learning environrent in which to accomplish the objectives. Placement of classroorns will also enhance the learning environment by creating a natural grouping of similarclasses to promote interaction among students and increase learning opportunities. Each classroom shall have access to a green space when passible, further promoting information exchange and independent study. #Cirk~atrick Architecture studio 32 Denton Police and Fire Training Facility The placement of administrative and faculty offices is critical to the function of this building. Interaction between faculty and students enhances the learning opportunities while contributing to the understanding of the student problems end needs. Location of student records to provide accessibility of documentation required by the Texas Dommission an Fire Protection, Texas commission on Law Enforcement ~ffcer standards and Education, Texas Department of Health etc. is equally important. This centralised storage will also make accessing these records much less painful for the student. All aspects of day-today operations will became more efficient due to the centralization of adrrrinitrative functions and will permit better communication exchange. }~irkpatrick Architecture studio ~~ Denton Police end Fire Training Facility GENERAL PE~IFIATI~N The bite ar~d bite rev to meet The site consists of approximately 8~ acres located at the southwest carnet of Bonnie Brae and 1lintage Parkway. The site includes a variety of terrain and elevation changes, v~rhich can be utilized to enhance the realism and variety of the training scenarios created on the site. The elevation changes also provide the opportunity to enhance protection of neighboring elements from bath noise and training hazards. Limitations to the site result from the presence of high voltage transmission lines and an area of the site that lies v~rithin a documented flood plain. All buildings included in these specifications should be designed to compliment the surrounding developments as much as passible. Liberal amounts of landscaping s#~ould be incorporated throughout the Training Center utilizing predominantly low-maintenance, hardy plant materials. Punts located throughout the Training Field and near the Live-Fire Training Buildings, should not be adversely affected by heat generated during training operations, The propane or natural gas simulators specified ire this document provide control of the dissipation of heat thraughout a training exercise. A security fence, minirrrum height of ~ feet, should encircle the entire Training Center with the exception of the AdministrationlClassroom Building and the parking lot. Thefencemay be chain link, masonry or woad picket or, a combination of these as the site plan is developed, Kirkpatrick Architecture studio 34 Denton Police end Fire Training Facility DETAILED PE~IFIATI~N The Training Fiels! The Training Field, anchored by the TacticallLive Fire Burn Village and the Firing Range, will be the driving force behind the continuation and growth of all emergency response training programs. The area will bridge the gap that exists between current training and real public safety emergency situations the student may encounter. The Training Field should be designed far eventual expansion, as future er~ergency training methods evolve; growth should occur naturally in a manner similar to haw an actual city growsF This factor should be a key consideration in all design decisions, and great care should be taken to avoid cutting up and grouping elements in a manner that would not reflect their context in the city. The design of the field is a very crucial aspect in reaching the educational Baal of training in context. The training field and its components should relate tv each other in a manner that enhances each component and maximises flexibility and usability. Upon entering the field, the trainee should get a sense they have entered a small town or city. The layout of the streets and the buildings should match that of what they would encounter an the job. This is not unlike building a theme park, with the theme being a replication of the pity of Denton. Each structure that becomes a part of the field should serve to establish this feeling of camrr~unity. By creating an environment that recreates the actual work environment in form and function, the educational value and applicability of the training will be improved trerr~endausly. The goal is to immerse the student into interactive educational opportunities from the moment they enter the field. Examples of the types of simulations that are anticipated include the following: Structural Live Fire Conned Space Rescue Flashover Training Tank Truck Emergencies Natural and LP Gas Fire Multi-Company Incident Traffic Incident Vehicle Fire Structural Collapse Swift Uvater Rescue Emergency Pursuit Hostage Situations Multi~Agency Incident Vehicle Extrication Trench Rescue Railroad Emergencies Traffic Stops Disaster Drills Accident Investigation Mass Casualty Incident Ha~ardaus Materials Mitigation Kirkpatrick Architecture Stadia 3~ Denton Police and Fire Training Facility All buildings, elevator shafts, drafting pits, underground utility covers, e~cteriar valves and cabinets steal! be fitted with looking devices far security and safety when not in use Sufficient lighting shall be provided to allow safe operation during nighttime operations. All streets shall be constructed to meet the demands of constant use by large fire apparatus and should match the dimensions of those found in the City of Denton. Special consideration should be given to recreating a street network that allows simulation of problems the driver will encounter on the jab. Each training area shall have a covered instructional area where students can receive short sessions of instruction as well as providing shelter from the elements; similar to roadside park pavilions. See Outdoor Classroom} A water station space shall be included at each sheltered area. The station shall include a stand for a portable water cooler v~rith a cup dispenser and a trash receptacle Each shelter shall be fitted with a rrristing fan cooling system to be used during warm weather. Detailed Major components of the Training Field: Taoticaf Live-Fire Training Buildings TacticallLive•Fire Training Buildings, also referred to as "the burn buildings," should be designed to allow real-time, live-fire and emergency training simulations. The buildings shall incorporate simulations of the five mast commonly encountered structures: Residential, VvarehauselLaading Dock, High Rise, HQtel~Apartment Complex, Strip chapping Genterfllllercantile. Design consideration shall be given to ire spread, rescue, ventilation and special problerr~s. The structures shall be designed to maximize the number of simulated emergencyand disasterituations possibly encountered and addressed simultaneously. The buildings shall contain all of the following requirements unless otherwise specified: General TacticallLive-Fire Building Requirements A11 portions of the building shall be designed to v~rithstand repeated live-fire training scenarios using carnputer operated propane fire training sirrrulators. The structure shall have the means to compartmentalize individual areas to assist in the retention of heat and non-polluting s~rake. i'Cirkpatrick Architecture Studio 3~ Denton Police and Fire Training Facility • The capability to create dense non-polluting, non-toxic smoke of known composition shall be available throughout the structure. • Both interior and exterior walls of the building shall provide for the safety of personnel in training and have the ability to withstand roaster stream application of ~~Og PNi. i Stairways, bath interior and exterior, shall be incorporated in the building design. • Stairways shall provide not only a means of access between flaar levels, but also shall simulate fire ground conditions. A variety of types, widths, and situations should be realistically represented. • Stairways included in the High Rise section shall be so located a to maximize available interiorfloor area. • All stairway treads shall be slip resistant. • All stairway landings shall be sized to provide room far the maneuvering of persannel and equipment. • Floor numbers shall be visible on all landings. • outside stairways shall be of sufficient height and strength to ensure safety during training evolutions. • A11 flaar and window openings shall be fully framed and located to simulate situatians existing in the field, • A number of exterior or interior door openings shall be selected to be equipped with a forcible entry-training device. • All doors shall be solid core design and constructed to withstand high heat without warping. • The burn buildings shall include provisions for standpipe connections at all floor levels. This feature will provide the opportunity to develop the proper procedures for connecting to and providing a water supply farthe system and maybe utilized for simulated fire attack by fire forces operating in a high-rise building. • The multi-floor buildings shall befitted with a working sprinkler system an all floors utilizing a dry system. The system shall be designed to provide instruction on sprinkler system operation and tactics and is not intended for building protection. • Siamese connections shall be installed and identified at ground level to accommodate auxiliary water supplies. * Section valves shall be installed in systems at each flaar, or selected locations, to enable the instructor to shut down only sections, not entire systems, far training purposes. • Roof openings shall be provided for the practice of ventilation procedures. Various sire openings on bath flat and sloped roof surfaces shall be designed iota the structures sa that different situatians and types of roof conditions can be simulated Kirkpatrick Architecture studio ~7 Denton Police and Fire Training Facility • Interior cutouts shall be included in the ceiling above each window or doorthat is accessible from the exterior of the structure. These should be designed to allow the student to check for fire extension upon entering the structure. They will also be used to teach overhaul techniques and should allow for the repeated construction and destruction of a variety of materials, The cutout openings should have a safety device installed to prevent personnel ortoois from falling through. consideration shall be given to avoiding ignition of materials. The coping of parapetgalls shall have a permanent protective material attached to protect the coping trorn damage during rope and ladder evolutions. Tfre material shall be such that will not abrade or damage rape equipment during rescue exercises. • Each floor of the building, including the roof, shall be equipped with Haar drains andfor scuppers and shall ensure the quick run of f of water. • Every room shall have an exterior exit ar secondary means of egress for safety purposes. door stops to bald doors open shall be rnounted on the wail, not an the float to prevent base lines from catching on them and causing damage to the hose and doorstops. • All portions of the structure shall be equipped v~rith a quick and easy system to reconfigure the floor plan of the room allowing for an increased number of simulations. The design features of the TacticailLive-Fire Training Village shall work to create a variety of approach considerations that may be incorporated into training sessions. Landscaping and street-to-building setback variations will assist in increasing approach conideratians. streetlights shall be located around the burn structures and will be used for both lighting and as a factor in training evolutions. Electrical paver line simulation system shall be designed to allow the use of cable to simulate above ground power linos. The system shall provide far the raising of cables between the sight poles and the building and provide for the rernaval and storage of cables when not in use. Utility control simulators including electric, gas and water shall be located around the structures. Kirkpatracit Architecture tu~io 38 aentan Rolice and Fire Training Facility ~ Story Residence The ~-story residence should be approximately ~,~g0 to ,Ogg square feet end be representative of a residence commonly found in the city. This structure represents one of the highest priorities of the tactical village and should be equipped to create realistic, real time scenarios thattan simulateincidentperformanterequirementsfrom notification to units cleared. The structure should be designed to accommodate both police and fire scenarios with special attention given to the protection of sensitive safety equipment to allow for maximum usage by both agencies. The residence should simulate a ~ yr 4-bedroom home with ~ bathrooms and atwo-car garage. The structure should be designed tv, facilitate ire simulation equipment in each bedroom, the kitchen, and the garage. Flashover effects should be included with each fireplace. Breathable doors should be installed at front and rear entrances and design should allow for breathable doors to be installed between the garage and main residence when desired. A concrete ceiling should be designed to allow for the placement of an attic fire with a replaceable ventilation trainer positioned above the attic fire. 'The concrete ceiling should be designed to allow for an opening below the ventilation trainer to allo~u the trainees to utilize ceiling removal tools to take out ceiling panels from above or below. has and electric utilities simulators that can be manipulated should be included inside and outside of the structure in appropriate locations. The structure should havethe capabilityto havefire visibletotrainee as they approach the building. ~ Story Residence The ~ ~stary residence should be approximately ~ ,~aa to ~ ,~00 square feet and be representative of a residence commonly found in the city. The structure represents the bread and butter operation and thus will provide good usage for all response agencies. The residents should consist of ~ bedrooms and one bath with aone- targarage. The structure should be designed to accommodate fire simulation equiprr~ent in each bedroom, the kitchen, and the garage. Flashover effects should be included with each fireplace. Breathable doors should be installed at front and rear entrances and design should allow for breathable doors to be installed between the garage and main residence when desired Two separate replaceable roof openings hauld be designed into the structure at opposing ends to allow for real time ventilation operatitns. putout panels should be plated below each ventilation opening to allav+r for the use of ceiling removal tools. Breathable panels should also be provided dust inside each entry point to allow for trainers to check for fire above them. has and electric utilities simulators that can be manipulated should be included inside and outside of the structure in appropriate locations. The structure should have the capability to have fire visible to trainees as they approach the building Kirkpatrick Architect~r~ tudia ~9 D~ntan Palic~ and Fire Training Facility High Rise ~ice~Hotel Option 1~ The high-rise officelhotel should be a fi~stary building that reflects the current trend in hate! and ofFce building construction common in the area. This building will allow for realistic training incoordination required in this type of structure and greatly exceed the training opportunities provided by traditional fire training towers. The building should be designed sa that different floors represent different types of occupancies. The Haar plans should include representations of a hotel, aparkment, and office structure. The ground Haar should provide commercial storefront simulations and a mask up of a hotel lobby area. Fire simulation equipment should be accommodated for on each floor with multiple actommodatians allowed for future expansion. The structure should be designed to accept breathable doors in multiple locations. Breathable gall cutouts between units should be designed on each floor. has ar~d electric utilities simulators that can be manipulated should be included inside and outside of the structure in appropriate locations. The structure should have the capability to have fire visible to trainees as they approach the building. simulated utilities and radio equipment should be designed for the roof and be stabilized to simulate natural tie off paints for high angle rescue training. The High Rise shall also include an elevator shaft to simulate elevator rescue as well as allowing training in elevator usage during firefighting operations. A variety of working elevator doors shall be placed an the different floor levels. A manhole opening shall be placed above the elevator shaft to be used in elevator and confined space rescue courses. Access to the roof of the high rise shall be available via interiorstairways. suspended tailing simulators should be plated strategically throughout the building to allow far inspection far hidden fires. ar~plete standpipe and sprinkler coverage should be designed into the building but should have the ability to be controlled by the training instructor, A working alarm system should be installed that can also be con- trolled by the instructor. ~It is recommended that a partnership be explored to provide far this equipment and installation.} A foil size loading dock should be located at one end of the structure which will house a working equipment room with instructor controlled utility emergencies. A full size cargo truck fire simulator should be located at the loading dock. I~irkp~trick Architecture tudia 4~ Denton Polio and Fire Training Facility High Rise ~fficefVllarehvue ~~ption ~} The high-rise area shall consist of a G-story structure designed to recreate the many problems associated with fighting a fire in this type of building The v~larehauselLoading Dock area will occupy the first two floors and remaining floors shall represent high-rise office and residential occupancies. The bth floor shall have the ability to simulate an office fire with flashover capabilities. The High Rise area shall also include an elevator shaft to simulate elevator rescue as well as firefighter usage. Avariety of working elevator doors shall be placed vn the different Hoar levels. Access to the roof of the high rise shall be available via interior stairways. The raaf of the structure shall be designed for safe use in rappelling and rape rescue courses, The side of the building that is to be used far rappelling exercises should include a small balcony on the third floor, which can also be used during rope rescue course. A working roof hatch shall be installed and should allow for safe use as a rope anchor point tv simulate alternative anchor possibilities. A manhole opening shall be placed above the elevator shaft to be used in elevator and conf ned space rescue courses. Suspended ceiling simulators should be placed strategically throughout the building to allow for inspection far hidden fires. complete standpipe and sprinkler coverage should be designed into the building but should trove the ability to be controlled by the training instructor. A working alarm system should be installed that can also be controlled by the instructor. alt is recommended that a partnership be explored to provide for this equipment and installation. } A full size loading dock should be located atone end of the structure and house a working equipment room with instructor controlled utility emergencies. A ful! size cargo truck fire simulator should be I~cated at the loading dock. Kirkpatrick ~rchitectur~ Stadia 4'! D~ntan ~aiice and Firs Training Facility Apartment complex The apartment complex should replicate one building of a typical apartment complex found in the city. The structure should be three stories high to allow far scenarios simulating both two and three start' apartments cor~monly found in the area. forking standpipe and sprinkler systems should be installed and have the capability for instructor controlled function, Fire simulation equipment should be installed on each Haar v~rith the oapability for expansion to each individual unit, ~Ilultiple ventilation putout panels should be installed on the roof tv allow for ventilation training, and cutout panels should be placed beneath each to allow for trainee removal of ceiling. putout panels should be located above each entry paint, including windouvs, to allow for checking the overhead extension of fire. Breachoble walls should be designed between several units to allow for emergency escape and access training. has and electric utilities simulators that can be manipulated should be included inside and outside of the structure in appropriate locations. The structure should have the capability to have fre visible to trainees as they approach the building, A small parking lot should be constructed in front of the unit and positioned to allow for impeded access training. strip shopping eater The strip shopping center is an increasingly common building type that poses the difficulty of access and common attic fire spread. The shopping center should be designed to replicate multiple business types and have the ability to have the business type altered by the instructional staff. The building should consist of at least three separate units with an optimum of six either initially or as a result of future expansion or phasing. The exterior should include an overhang commonly used in the design of these structures. The ability to simulate a merchandise fire should be included in at least one of the retail occupancies, and a comrrrercial kitchen~fire shall exist in a separate occupancy. A flat roof ventilation simulator should allow for real time ventilation training v~rith cutout panels! ceiling removal points beneath each position, The building should allow for actual cutting to take place shave each unit of the center. Breachoble doors should be installed at both front and rear entrances to each unit. Breachoble walls should be designed between each unit. A suspended ceiling simulator should be installed in each unit to allow for checking fire conditions and spread. ~tirkp~trick Architecture tudia 4~ Denton Paii~e and Fire Training Facility has and electric utilities simulators that can be manipulated should be included inside and outside of the structure in appropriate locations. The structure should have the capability to have fie visible to trainees as they approach the building, A small parking lot should be constructed in front of the unit and positioned to allow for impeded access training. convenience tnrel has titian The convenience storelgss station should replicate the current trend in construction of this type of building, The main store should have a flat roof and include back stocking and affce areas l=ire simulation equipment should replicate a stock shelving fire in the front and a storage fire in the rear. A breathable door should be installed at the rear entrance, A flat roof ventilation trainer should be installed on the roof of the building. There should be multiple fueling stations with a gas pump fire simulator and a car fie simulator strategically placed, The inclusion of emergency shutoff of gas pumps should duplicate those required by code so that trainees must perform all tasks involved in the control of this type of incident. has and electric utilities simulators that can be r~anipulated should be included inside and outside of the structure in appropriate locations. The structure should have the capability to have fire visible to trainees as they approach the building. A small parking lit should be constructed in front of the unit and positioned to allow for impeded access training. Design of the site should allow for the addition of a gasoline tank truck spill and fire scenario. Big Bax~ ~ammercial Occupancy The big box commercial occupancy should be designed to replicate occupancies such as IJllal-Mart, Home Depot, Lowe's, and Target, etc. The building should allow for the training of incidents complicated by the sire and layout of the building. Because of the size of this type of building it is recommended that opportunities be explored that would combine functions of a building of this size. Examples might include storage and service areas, PAT* testing and training, defensive tactics, etc, Design elements should be based vn the extent and nature of combined uses. *~andidste Physics! Ability Testing ~Cirkpatrick Architecture studio 43 Dentin Police and Fire Training Facility Firing Range The firing range is one of the most important elements of the training field far the police deparkment. It also represents one of the greatest potential revenue sources. The outdoor range requirements provided by department include the following: * ~ phases of 2g stations each- turninglwobbling targets at each station • Lateral moving target on one bay, charging target an the next control Booth • secure Armorer's Facility • Vveapans cleaning roomlarea Ammunition magazine storage • Target supplylimunitianl general storage Area Fu11 baffling for bath safety and noise reduction • hovered shooting positions • ~utdaar ~lassraam Due tothelacation ofcurrentandfuturedevelopment, safetyand noise reduction should be major design considerations. Natural elevation changes on the site should be exploited and full baff#ing for noise and bullet control should be considered. Facilitation of lead abatement and removal should also be a prominent design consideration. Tactical shoot House The tactical shoot house represents an opportunity to provide some of the mast beneficial live fre training available today. Unlike the static natureof standard firing range training, thetactical shoot house provides a 3~0-degree live fire training scenario that can duplicate the high stress involved in close~quarkers operations, The tactical shoat house can provide a level of realisrr~ that greatly enhances the contextual training of officers in tactics such as room clearing and hallway navigation. All of this can be accomplished in a safe environment, without resorting to the unrealistic environment mast often associated with live fire training. The addition of the tactical shoot house will improve officer perfarr~ance in highly stressful "shoatldon}t shoot" situations and could prove critical in reducing the chance of death or injury to an afficerora rnemberof the public. This type of training not only reduces the chance of accidental injury ar death, but also greatly decreases the chance of costly litigation by demonstrating verifiable and validated training. Kirkpatrick Architecture Studio 44 Denton Police ar~d Fire Training Facility Due to the nature of risk involved in the design of this type of structure, it is recommended that the shout house be designed and purchased from ~ reputable vendor who specializes in this type of design and construction. A Request far C~ualif cations should be developed, and qualifying vendors should be allowed tv demonstrate product features, including safety, adaptability, realism, durability, and cost. The selected vendor should work with the facility design team to incorporate the design into the remainder of the training field design. The tactical shoot house should share facilities with the f ring range to avoid duplication. Emergency Driving bourse The emergency driving course is a key element to the training field as it represents an opportunity to greatly reduce the occurrence of accidents and associated liability. Vehicle accidents currently account for an extremely high percentage of emergency responder deaths end injuries, and the ability to train under realistic conditions is increasingly difficult due to spade and population constraints. The emergency-driving course should be a continuous road course and skid pad that simulates the different maneuvers encountered by emergency responders in the field. Pump and delivery system should allow for the wetting down of the skid pad end certain portions of the road course to simulate inclement weather conditions. The course should connect to the TacticallLive Fire Burn Village streets to allow for combining of training operations end scenarios. A separate connection should be provided at the firing range to allow for drive- up-and-shoat training scenarios. The ability to secure the course from non-related traffic is crucial, but should not lirr~it flexibility when carr~bined operations are desired. The course shouid be designed to withstand repeated evasive maneuvers and heavy traffic consisting of petrol cars, fire apparatus, and Advanced Life support Vehicles. ~Cirkpatrick Architecture studio 45 Denton Police and dire draining facility Detailed supporting ~vmpanents ~f the Training Field: ~~~• ~~ . .~~ q . h .` t ;~; ~~ `~, spill FirelTrain Derailment~TruckAccidentlHazet This area should be a multiuse training area that sirr~ulates several common transportation ernergencies. The spill ire should simulate a running fuel spill that pools in ~ Iow-lying area. A train derailment simulator should be designed with fire on both sides of the accident. A simulated truck railroad-crossing incident should be positioned to allow for includian in spill f re incidents. The rail cars and the tanker truck should have simulation equipment that vuould allow for the release of hazardous chemicals, both gas and liquid. Simulated waterways and storm drains should be designed to allow for runoff containment and mitigation training. far Fires far fire simulators should be placed at several locations around the training site and should be positioned as they would be found in the community. Each carshould simulatefireand smokefrom the engine compartment, the passenger compartment and the trunk. Each car should be equipped with a fire blowout simulator to add to the realism of the incident. At least one light duty truck fire simulator should be placed on the training field and should have a simulated cargo fire in the bed. At least one of the car fire simulators should be located inside of a residential garage. Vehicular Incident Simulation bite The Vehicular Incident Simulation Site shall be designed to enable the students to develop the skills required to operate safely and effectively at the scene of a vehicle accident. It should consist of cutting, storage end rnain incident simulation areas. The subjects covered in the Vehicular Incident Simulation Site will demonstrate the tactical approach to a "casualty centered Rescue" with consideration given to logistical support by operational personnel. The site shall be designed to allow simulation and investigation of traffic accidents requiring students to adopt the tearrr approach to bring the incident to a successful conclusion. Design shall also consider the many different locations in which a major incident may occur, including uneven or unstable terrain upon which a vehicle may come to rest, causiing difficult access. The student should also be faced with the passibility of the vehicle being in a position other than upright, The streets providing access to this area should also force the student to address scene access and control issues that may be encountered in the field. ~Cirkpatrick Architecture Studio 4~ Denton Police and Fire Training Facility The vehicle extrication area should be ~ secured area of gravel ar asphalt that will allow far the storage of ears as well as for stabilization end entry training. This area shauld have a covered Brea with bleacher seating that ~rould allo~v far a vehicle to be brought under the covered area for training. Retroom and watering facilities should also be provided in this area. A misting system should be installed to allow for coaling of participants during hat weather tarage areas for equipment shauld be combined v~ith, ar adjacent to, covered training area. Access should allow for placement and removal of vehicles and far placement of vehicles at different locations throughout the training site. Propane emergency imulato~s several propane emergency sirr~ulators should be provided on the site. The first is a residential propane tank sir~ulator that shauld be located in the yard of one of the residences. Although this type of incident is increasingly rare, the risk is extre~re4y high and the teamwork and awareness that develops as a result of this training rr~akes it an important and inexpensive addition to the training field. The second type of simulator is a propane refueling station simulator that would combine the fueling station emergency with that of a common propane delivery truck. The faro and gas simulation should allow for numerous combinations of release and fire situations, and include actual duplication of safety equipment end shutoffs that can be manipulated by the firefighter. swift 1Nater Rescue Trainer The swift water rescue trainer should be designed to offer a realistic simulation of the conditions and hazards associated with rapidly rising water. The trainer should include the ability to train on defensive swim tactics, wading operations, rescue from submerged cars and law water darn operations. Emphasis shauld be placed an design safety that allows for the rapid reduction of water flow and depth in the case of emergency. Viewing stations with emergency stops should be positioned slang the site to ensure that students may be in constant visual contact. Multiple entry and exit locations shoo#d be provided along the training site. Surface treatment of the waterway should provide limited traction without damaging trainee protective equipment. lVo sharp ar protruding elements shall be designed into the system and al# pump intakes shall have protection to ensure trainees are separated frarn equipment, ~tirkpatrick Ar~hit~cture Stadia 4~ Dentar~ ~aii~e and dire Training facility Trench Rescue The trench rescue training site should consist of ~ series of concrete trenches of varying width and depth with at least one intersecting trench, Trenches should be designed to reflect sites as they would be encountered in the community and thus should be incorporated into the cityscape as much as passible. Trenches should be designed with multiple simulated utility hazards such as gas lines, electric lines, and water lines, The utilities simulation should include ruptured water lines that flood the trench, ruptured gas lines with vapor escape, and ruptured electric with arcing simulation. Ail simulations should be instructor controlled. The design should also allow for safety considerations such as rapid evacuation of water in case of emergency. confined Space ~ecue Multiple sites should be incorporated into the design of the cityscape to accommodate confined space training. The design of these sites should include a series of utility vaults and tunnels similar to those commonly found in the community. The props should allow for the utilization of a tripod and harness as well as provide for air monitoring simulation. anfined space elements should also be designed into the structures an site such as the Fligh Risel~ffice Building. Future expansion should seek to incorporate donated vessels and hoppers that would allow for increased flexibility and realism in available . scenarios. Simunitivn Village The Sirnunitian Village represents a great step forward in providing realistic scenario-based firearms training forafficers. The simunition village incorporates a cityscape replication of the elements found in the community and allows officers to practice tactical skills in a realistic force-on-force environment utilizing simunition. Moat villages constructed in the past, utilized buildings of reduced scale, and although this provides greater realism than the standard f ring range, it does have limitations due to size. Abetter option would be a full scale replica of car~munity buildings that would increase the sensation of realism, thus, better duplicating the stress that plays such a large role in the outcomes of force-on-force encounters. Vllith this in mind, it is recommended that exploration of opportunities to use simunition safely in the tacticallburn village be exhausted first. Kirkpatrick Architecture ~tudia 48 Denton P~lic~ and Fire Training Facility The expense for construction of the TacticalJBurn Village will occur regardless, and it is ideally designed to replicate the situations officers mightencaunteronthe~ob. Assuranceshould bemadeforthesafety of those not involved in the imuation training, as well as assurances that simulation equipment and sensors not be damaged, but it is believed that these issues are riot insurmountable. If a solution is not discovered, it is recommended that a separate simuation village be designed that would include a safety perimeter wall to contain all simunition within the site. dike bourse The construction of the TacticallLive Fire Training Village provides the best possible bike course in terms of realistic hands-on training since the village is intended to realistically duplicate the environment found in the community, it also provides the opportunity to teach skills the bike officer will need to work in that environment. The possibility of developing an off-rued course that would enhance overall rider capabilities should be considered. options exist to construct a course possibly in the flood plain} that could be accessible to the public as well, The inclusion of public walkingl~ogging~biking trails around the perimeter of the site should also be considered and this could serve to further enhance bike course training, Arson investigation Trainer The Arson Investigation Trainer should provide far the repeated construction and burning of sma11 pods simulating different room environments encountered by the arson investigator, These pods should be made of concrete fioors and walls with the ability to have conventional building materials attached. controlled fires will be initiated via known causes and upon extinguishment, tie students will investigate and attempt to reveal that known cause. The simulation pods should allow for rapid destruction and reconstruction between training courses obstacle bourse The foot pursuit obstacle training course should be designed to simulate obstructions arti officer might encounter during foot pursuit incidents. The course should be located near the firing range and allow the trainee to complete the course by entering the firing range and shooting, similar to the drive and shoot scenarios described earlier. Kirkpatrick Architecture tudia 49 ~entan Poiice and Fire Training Faciiity sniper RangelBamb quad Range The feasibility and advisability of including a viable Sniper Range or active Bomb squad Range on the proposed site was found to be cast prohibitive and risky. Iecagnizing the importance of these training capabilities, it is recommended that the existing police firing range be considered for redevelopment into a specialised training field featuring these elements. The Training Field Functional Areas: ~bservatior~lontrol Tav~rer The two-storied ~bervatianlantral Tower shall provide the continuous observation of various training functions frorrx one location. This will include the ability to control the propane fire and snake generation systems via computers located in the tower. The tower should also provide a sound system, which allows communication throughout the training field and burn building. The system should include bath two-way radix communication and a public address system. vvindow space far full observation of the drill area, including observation of units responding to the burn building from off site, shall be included. The first floor of the observation tower shall provide a small office area far the check-in of students using the field, as well as a small first aidlmedical room. A second office of standard size shall be located on the first Hoar for the Training Field Operator. Restroam facilities far both men end women shall be included in this area. The first floor should also provide storage far ground ladders, base and other fire equipment necessary to the operation of the training field. outdoor classrooms outdoor classrooms should be strategically located to provide for brief periods of instruction in a location that limits time away from training props. The outdoor classroom should provide open-air protection from the elements and have an integrated misting system installed. The outdaar classrooms should have restroam and v~ratering facilities, as well as air refilling stations. Additional air refilling stations shall be added throughout the site as needed. A11 weather benches ar bleachers should provide seating for thirty ~~g}persons. vVhiteboards shall be placed at the front of the classroom. i~quipment storage areas shall be integrated into the design of the outdoor classroom. Kirkpatrick Architec#ure studio 50 Denton Police and Fire Train~n~ Facility drafting Pit A drafting pit shall be designed to facilitate the training of pump operators and the testing of pumping apparatus. A capacity of at least ,Oga gallons of v~rater shall be constructed with the water being recycled to the pit, The drafting pit shall be constructed to meet all requirements of Underwriters Laboratories regarding fire apparatus pump certif cation, which provides a mare economical location far fire agencies to obtain annual pump certification. ansideratian should be given to combining elements of the drafting pit to those of the swift water rescue holding tanks if possible. BA toraga and Maintenance Room The BA Storage and Maintenance Roam shall be located near the TacticallLive Eire Village and be part of a larger storage area that also includes the Equipment Storage Room. The room will be used to store and repair up to ~0 Self antained Breathing Apparatus ~~BA}. Students in live fire training applications gill use the SBA's. Aworkbench, steel shelving and storage cabinets forspare parts shall be included. An air compressor with remote filling capabilities shall also be installed in this room. Special attention should b~ directed to the air quality of this room to assure there is no infiltration of carbon monoxide from the other building sources. Equipment Storage Room This roam of approximately X800 square feet shall also be adjacent to the Tactical~Live Fire Village and be part of a larger storage area including SBA Storage and Maintenance Room. Heavy-duty steel shelving and storage cabinets shall be included. Kirkpatrick Archi#ec~ure studio ~~ Denton Police and Fire Training facility A rninistra ive glass om Buil in AdministrativefFaculty offices er~e~al Office peaifca#ions Theadministrativelfacultyoffcesshall beeailyaccessiblebystudents and visitors. Design considerations shall also reduce the amount of distractions from traffic unrelated to administrative functions. The fallowing features shall be included in all off ces unless otherwise Hated in the detailed specification of individual rooms. Each offce shall be v~rired for phones and computer network access. • Electrical outlets in the Haar and galls shall be located to eliminate the use of extension cards. Floor wavering shall be carpet. Offices shall be of adequate sire to accommodate a desk and computer workstation, as well as room for file and textbook storage. heating space should also be available to facilitate student counseling. Classrooms er~era~ laraor~ pecr'fica~~or~ The fallowing features shall be included in all classrooms unless ather~vise Hated in the detailed specifications of individual rooms. • ~lassraams shall be wired for complete multimedia presentations. The control console shall be located in the instructional area. The Instructor shall have the ability to control all media, lights and sound via remote technology. • Each classroom shall have a lacking cabinet built into the wall of the instructional area to house a DllDIR and provide secure storage for all remote control devices. hl~ulti-media projectors and projection screens shall descend from the ceiling via remote operation. • Awall-mounted television with cable access shall be located in one career of each classroom. • A dry-marker board shall be installed an the full v~ridth of the front wall. • An 8-foot wide dry-marker board shall be mounted an one of the remaining walls. Kirkpatrick Architecture studio 5~ D~ntan Police end Fire Training ~aciiity A -foot wide tack board shall be mounted near the door. * Electrical outlets in the hoar and walls shall be located to eliminate the use of extension cords and allow maximum flexibility and growth. • Provisions for future computer stations shall be included in the design of the floor plan. • A combination of #luorescent and recessed incandescent lighting shall be included. The incandescent fixtures shall include dimmer controls. • Natural lighting shall be prorr-inent in each classroom. • At least one door located in each classroom shall access a green space area where possible. Floor covering shall be durable carpeting. Each classroom shall have aload-bearing hook recessed in the ceiling and centered in the instructional area. The hack will be used to demonstrate rope rescue equipment and should support a minimum of 75o pounds. Am~h~#heaterlLecture Half A multipurpose facility, the AmphitheaterlLecture Hali will be used for courselseminar orientation, testing and continuing education and degree course instruction. Additionally, it gill provide a dynamic teaching environment for seminars, lectures, conferences and continuing education classes for pity of Denton emergency response personnel, as well s other deparkments and organi~atians in the oily. The Amphitheater~Lecture Hall should be the centerpiece of the classroom facility, The room should be large enough to accommodate at least Igo students seated theatre style at permanently mounted tables and moveable chairs. A clear line of sight and high quality sound shall be available at each seating position. Ample space should be provided at the front of the hall for demonstration of equipment by the instructor. one front row of removable seating may be included to allow more space when necessary. Additional storage space shall be provided far furnishings end equipment not used on a permanent basis. Lighting central shell be designed to provide optimum visual effects. ~iirkpatricTt Arehitecture studio 53 Denton Police and Fire `T'raining ~aciiity Muiti~urpose classroom The classroom will be used predominatelyfarh~ands-on instruction, but sha11 be designed to serve ~ an alternate classroom with seating for thirty ~~g}students at tables. The room will allow the use of training props, such as sprinkler risers, alarm panels, end utility simulators. The floor shall be sealed concrete to facilitate manipulation of equiprr~ent. Cabinets with countertops shall be provided along one wall far equipment storage. The classraor~ shall be located adjacent to the Fire Cadet Training Classroom. A storage room shall be provided between the Fire Cadet Training and the Multipurpose Classroom with access from each room. The storage will be used for tables, chairs and other equipment. Fire Cadet Training classroom The Fire CadetTraining Classroom shall be a traditional classroom with the capability to facilitate multiple configurations. It will serve as a secondary classroom for in-service programs. The Fire Cadet Training Classroom will provide the ability to conduct initial training for all future cadet classes. The classroom shell accommodate forty ~40~ students seated at tables. The Training Classroom shall be lacated near the Multipurpose Classroar~ and the 1111ultilevel Technical operations Training Classroom. Multilevel Technical operations Training Classroom The Multilevel Technical Qperations Training Classroom will serve as the primary classroorr~ for Fire Technical operations training. heating should be provided for thirty fig} students seated at tables, heating should be situated on a multilevel Hoar two rows deep in a U-shape similar to surgical procedure training roams. The classroom layout should be designed for enhanced vievwring of hands-on equipment demonstrations. adequate space should be provided for instructor demonstrations. The Multilevel Technical operations Training Classroom should be adjacent to the Fire Cadet Training Classroom and the Multipurpose Classroom. Kirkpatrick Architecture ~~udio 54 Denton Police and Firs `frainin~ Facility continuing Education Classroom #1 Continuing Education Classroom ~ shall be a traditional classroom with the capability to facilitate multiple canfiguratians. Serving a the primary classroom for the expansion of the continuing education! in-service programs for all public safety employees, it ray be used far the basic instructional courses of other programs as well. The classroom shall accommodate fifty ~0} students seated at tables. Storage space shall be provided for teaching aids and equipment. This classroom shall be located in pro~cimity to the Amphitheater Lecture fall Continuing Education lasroom #2 continuing Education lassraom #2 wilt provide additional space for the expansion of the continuing educatianlin-service programs for all public safety employees. This classroom will be a smaller traditional classroom providing the ability to create a more comfortable environment for classes that are better suited to a smaller number of students. Seating should accommodate thirty ~~0} students at tables, and should provide flexibility in configuration, Storage shall be provided for instructional aids and equipment, as well a unused furnishings. The continuing Education ~lassroam #~ shall be located near the continuing Education classroom #~ . Police Aoademy Classroom , The PaliceAcademy Classsroom will be the prirr~ary classroom forthe police recruit training programs. This classroom should be a traditional classroom with seating for forty ~4g~ students at tables. Storage shall be provided for instructional aids and teaching equipment, as well as unused furnishings. This room should be located adjacent to the Multilevel Police Lecture Room and the Fire Chemistry~Arsonl~rug Laboratar~r. ll~ultilevel Police Lecture Classroom This classroom will be used prirr~arily for police lectures and special operations courses and will facilitate an increase in hands-on demonstration of equipment, as well a an increase in the number of courses offered. Seating shell be provided for forty X40} students seated at tables. Seating shall be situated on a multilevel floor to provide enhanced viewing of equipment demonstrations. The classroom shall be located near the Police Academy Classraorn and the Fire ChemistrylArsonlCrug Laboratory. i{irl~patric~ Architecture tu~io ~~ Denton Police and Fire Training Facility La~vrat~ries Fire ChemistrylArsnn Labors#oryJDrug Labors#or~ The Fire and Police Technology Programs, Basic Fire and Police Academies and the Continuing Educationlln-service Pragramswill use the Fire ChemistrylArsonlDrug Laboratary. It will also be accessible to other departments far laboratory related classes. The laboratory shall be designed as a traditional classroom and accommodate forty ~4g} students seated at tables. The dry erase boards lQCated behind the instructional area should be designed to part in the middle revealing an instructional laboratory consisting of a vented hand system, a demonstration table with wash sink, and a small chemical storage cabinet, cutlets for air, gas and water shall be provided to the hood system and the demonstration table, space for staring appropriate safety equipment shall be included in this Brea. Flooring in the instructional area as well as the laboratory demonstration area shall be ceramic file or other suitable hard surface. The Fire Chemistryl ArsanlDrug Lab Laboratory shall be located near the Multilevel Police Lecture Classroom and the Police Academy Classroom. Computer Laboratory Centrally located, the lab will be used for Computer operator Training, Fire end Police service software Training, Incident Command Training, Haz-Mat Training, Emergency Communications Training and Emergency service Dispatch Training. The Computer Laboratory shall accamrnadate at least sixteen ~1 fi}students seated at 1nd~vrdual computer workstations. An instructor warkstatian shall be located at the front of the classraam. Multimedia capabilities shall be consistent with those listed under general Classroom specifications. Learning Resource Center{Lounge The Learning Resource Center shall serve as the primary resource for student and faculty research and study, The LRC will contain job-related periodicals and technical books, as well as fire and police department regulations, procedures, histories, past and present orders, local, state and national standards. space shall be provided to include computer workstations with Internet access that may be used by bath students and staff. Comfortable seating areas shall be provided to facilitate individual research and study. Food service capabilities should also be included in ar near this area. Kirkpatric~C Architecture Stadia 5~ Denton Pafice end Firs Training F~aiiity t • t • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Restrooms students: At least one Vvomen's and one Men's restraam shall be pravided in close proximity to the classroom area. Physical Fitness Training Facility The Physical FitnessTraining Facilitywill be used to prepare firefighters and police officers for the demanding physical requirements they will face on the job. It will also be used to assist in the preparation far the physical agility test that is required before a graduate can obtain employment. Job specific training aids will be added upon completion. Multiple electrical outlets shall be provided to accommodate machines such as a tairmaster and treadmill, The facility shall accommodate at least twenty-five {~~}students atone time and be located near or in the main AdministrationlClasroom facility. SPAT Testing Facility The Candidate Physical Ability Testing ~CPAT} prograrr~ is a validated physical testing program endorsed by the International Association of Fire Chiefs, and the International Association of Fire Fighters. The goal of CPAT testing is to provide realistic job related performance testing for new candidates to the fire service. The CPAT testing facility should be large enough to facilitate testing in all weatfrer conditions and allow for ongoing familiarization and training of potential recruits. Consideration should be given to co~rbining this design element with other functional operations, such as defensive tactics training andlar fitness training. defensive Tactics Effective defensive tactics techniques are essential to reduce the rMSk to both suspect and officer. The field of defensive tactics is dynamic and must constantly adapt to restrictions imposed on law enforcement officers by courts, civil juries, and public vpinion~ Techniques such as handcuffing, weapon retention, and subject searches are just a few exarr~ples of the skills necessary to keep the officer safe v~rhile securing and maintaining control of the suspect. The risk associated with these close-quarters encounters i great, and the quality of ongoing training is crucial. Kirkpatrick Arc~i~ec#ure studio 5~ Denton Police and ~ir~ Training Facility The Defensive Tactics facility should ~ large enough to accommodate a class of twenty-five tv thirty students in hands-on training of close- quarter defensive tactics. The floor in this area should be a shock absorbing sport court to reduce the incidence of injury. 111lall should be reinforced to withstand the repeated impact of trainee's practicing maneuvers and should be shack absorbingr as well. storage for specialised training props should be provided, strong consideration should be given tv combining this facility with other operational areas such as SPAT testing andlor Physical Fitness. showers students: ~lamen one women's shower with restroam shall be located near the Physical Fitness Training Facility. The room sha11 have the capacity for twenty- five ~~5} students to shower and dress within athirty-minute period. Half lockers shall be provided for each student. Beach seating shall be located in the locker room. Restroom facilities and accessories shall include toilet stalls with sanitary napkin dispenser and disposal receptacle; lavatories with mirrors and hand held hair dryers. A larger commercial hand washing station shall also be provided. students: Men one men's shower with restraom shall be located next to the women's shower. The room shall have the capacity for twenty-five ~~5}students to shower and dress within a thirty~rrrinute period. Half lockers shall be provided far each student. Bench seating shall be located in the locker room. Restroom facilities end accessories shall include toilet stalls, urinals and lavatoriesv~rith mirrors and hand held hairdryers. A large commercial hand washing station shall else be provided, Both showerJlocker rooms shall be accessible from the exterior as v~rell as the interior of the building. The exterior entrance of each room shall consist of a secluded "dirty area" where students may remove, clean and hang dirky protective equipment prior to entering the building. Multiple water faucets and adequate waste drainage shall be provided in this area. Adequate ventilation to remove excess mater vapor should be addressed during the design of this area, kCirkpatrick Architecture tudie 58 Dentan Police and Fire Training Facility Staff; vllomen one women's shower with restroom shall be provided with the capacity for two {~} staff members to shower and dress within a thirty~minute period. A minimum of ten ~1g} half lockers shall be provided in the dressing area along with bench seating. The restroam facilities and accessories shall include toilet stalls with sanitary napkin dispenser and disposal receptacle, lavatories with mirrors and hand held hair dryers. Paper towel dispensers and waste receptacles shall also be provided. Staffs I~en one men's shawer v`rith restroom shall be provided with the capacity for two ~2} staff members to shawer and dress within a 'D-minute period. A minimum of ten ~~a} half lackeys shall be provided in the dressing area slang with bench seating. The restroom facilities and accessories shall include toilet stalls, urinals, lavatories with mirrors and hand held hair dryers. Paper towel dispensers and waste receptacles shall also be provided. The staff showers shall be located in proximity to the student's showers with access available through interior and exterior doors. The exterior entrance to each roam shall be through the "dirty area" described above. ~#fice Reception I Information office The ~eceptionllnformation office shall be located near the main entry and be easily recognized as the starting point for students or visitors in need of assistance. Persons entering the building, who are unfamiliar with the floor plan, gill naturally gravitate to this area. This space should also be located in proximity to the Secretarial offices to allow the occupants of these offices to perform reception responsibilities, when the Receptionllnformation office is unoccupied. Space shall be included to accommodate three computer workstations spaced along a single reception countertop. Floor cabinets shall be installed far storage of information and supplies. Awaiting area shall be included with this office. Kirkpatrick Architecture Stadia 59 Denton Police end Fire Training Facility SecretaryfAdministrativeAssistant ~fFioes Three ~3}Secretary lAdministrativeAsslstant Offices shall be located near the Receptionllnfarmation Office end allow for eery access and visibility to this area, These offices should have convenient access to the workroom and records storage rooms. Police~~ire Training Staff ~ffiee The PolicelFire Training Staff Offices shall consist of four ~4} equally sized offices positioned to rnaxin~ize studentltaff interaction, while avoiding unnecessary distractions from unrelated traffic. The four offices shall be positioned near the vVorkrovm and the Secretary Administrative Assistant Offices as well as in proximity to each other. All four offices shall have at least one window to the outside. Training tenter Manager's office The Training tenter Manager's Office shall be Ivcated near the Police! Fire Training Staff Offices and the SecretarylAdminitrativeAssistant Offices. This office shall be identical in sire and configuration to the PolicelFire Training Staff Offices and be positioned closest to the Reception~lnforrr~ation Office. Kirkpatrick Architecture Stadia ~~ Denton Police and Fire Training Facility Qnferencefurrieulum development Room The ~onferencel~urrlculum development Room shall be located adjacent to the PolicelFire Training staff fflces and should provide space for fourteen ~~ 4}people seated at an oval or round conference table. The conference room gill be used far staff meetings, advisory committee meetings, course development sessions and small group classes. The roam shall be equipped with a presen#atian center, including projec#ion screen, dry erase board and a presentation chart enclosed an one gall. This roam shall be v~rired for multimedia presentations, with the projector descending from the ceiling. Lighting shall consist of recessed incandescent lighting with dimmer controls. A small cabinet and countertop shall be included for storage of presentation and room supplies. Electrical outlets in the floor and walls should be spaced to eliminate the use of extension cards, and an outlet should be provided to power a coffee maker in the countertop area. This room will be used extensively far brainstorming and course development and thus should be designed to be conducive to creative thinking. designers should consider tha# same sessions of this type rrray be free flavoring and time consurr~ing, and the roam should assis# in facilitating the creative process. bull network access shall be available around the table to provide access for participants using laptops during creative sessions, as well as far other meetings. Natural lighting shill be abundant. Ba#tlion thief of Training office The Battalion thief of Training office shall be one part of an administrative suite, which shall include an ofl:lce far the Lieutenant of Police Training, two ~2} ecretarylAdministrative Assistant offices and a conference room, The office shall be similar to other offices far training officers, but on a larger scale. The location of the affica suite shall consider the different nature of the traffic expec#ed to require access to this office. The office suite need not be loco#ed in the same location as the other listed offices, but should maintain a functional relationship. Emphasis shall be an serving those who have administrative business, of which many will be unrelated to individual disciplines, A window shall be located on at least one exterior wall. kiirkpatrick Architecture studio ~1 ~entan Police and Firs Training Facility Lieutenant of Police Training Office The Lieutenant of Police Training Office shall be one part of an administrative suite, which shall include an office for the Battalion thief of Police Training, two ~2} ecretarylAdrninistrative Assistant offices and a conference room, The office shall be sirr-ilar to other offices for training officers, but on a larger scale. The location of the office suite shall consider the different nature of the traffic expected to require access to this office. The office suite need not be located in the same location as the other listed offices, but should rrraintain a functional relationship. Emphasis shall be on serving thosewho have administrative business, of which many will be unrelated to individual disciplines. A window shall be located on at least one exterior wall. PolieelFire Administrative Assistant Offices The PoliceJFire Administrative Assistant Offices shall be located adjacent to the Battalion thief of Training and the Lieutenant of Police Training Offices and shall be the second part of the administrative suite, The Administrative Assistant offices shall be similar to the ecretarylAdministrative Assistant offices, but an a slightly larger scale. If the location of the Administrative quite is different from that of the main office space, a small reception area shall be included in or near this office. This office shall also have a window on at least one exterior wall. PolicelFireAdministrative onferenoe Room The PolicelFire Administrative anference Room shall be adjacent to the PaliceJFire Administrative Offices and shall have seating for six ~} at either a round or oval conference table with space for additional chairs and conventional conference room furnishings. The conference room gill be used for staff meetings and briefings, personnel interviews, public relations meetings, and other administrative functions. ~Cirkpatri~~C Architecture t~,dio ~2 ~entan Police and Fire Training Facility Lounge staff: one staff lounge shall be provided in close proximity to the office space. The lounge shall include a kitchenette with microwave oven, refrigerator, v~rall-hung cabinets, and base cabinets with pink. A wall-mounted television shall also be included. student: one student lounge shall be provided for ~ typical clays sire of twenty-five ~2~}.The lounge shall contain vending machines, kitchenette with microwave oven, refrigerator, wall-hung and base cabinets ~*Ith Inl\. ~ 7^~II~mVunt~d te11J r I~IVn h~~l ~IV ~V I~~~~#~~d. ReStroom staff: one women's artd one Men's rest roam shall be located near the oft~ce area. standard equipment and accessories shall be included in each room. Kirkpatrick Arohi#ectur~ Studio 53 Denton Po~~oe and Fire Training Facility MIELLANE~U ELEI~EN~` AND l~E Children's afety Ilillape The children's safety village is a crucial learning tool that allows targeting safety initiatives to children at an age when the message is mast likely to have ~ positive impact on their lives This concept i growing in popularity around the country, but there are still relatively few operational facilities. The United states Fire Adrrrinistration comments "safety Villages and Towns offer a unique method to deliver hands-on interactive safety education to the nations school children. Typically, various displays in safety villages are sponsored by different business within the community and include banks, police departments, airlines, fast food restaurants, insurance carr~panies, etc." one of the first and most prominent safety villages is located in Hagerstown, Maryland and has grown to a 1.5 Million Dollar village that has been completed through the use of donations, grants, and volunteer lobar. The center serves a population of 1 ~~ ,OgO and currently facilitates the attendance of ~,ODO children per year. The design of the facility is based an a 518~scale version of a village and provides for safety training such a fire safety, pedestrian safety, vehicle safety, g11 usages etc. The village Carnes with operable streetlights, crosswalks and street signs, just as would be found in the Iocal camrnunity. Children even have the oppa~tunity to operate miniature vehicles to see what it is like to encounter pedestrians on the street. The recommendation far the City of Denton is that efforts begin immediately to develop partnerships and secure funding from local businesses and available grants to begin development of a safety village on the site. It is not recommended that the village utilize funding that would otherwise be utilized to construct other required elements of the master plan. The recvmr~ended design of the village is one that utilizes the downtown district as the inspiration, The centerpiece of the village would be a miniature version of the courthouse with a city square type of design incorporated for the remaining buildings. The additional buildings should reflectthat of the donors and allawforabroad range of structures encountered in the comrr~unity. The build-out of the village could be completed in phases as money is available, but it is recommended that the site be master planned at the beginning of the project. Estimated cost far a cornplete village is ~ . to ~ Million Dollars. Kirkpatrick Architecture studio 64 ~~~ton Police and Fire Training Facility • Phasing Plan s • • • • • • s • • • • • • • • • • • i • t • • s a • Kirkpatrick Architecture Studio 65 Denton Police and Fire Training Facility • • • • • 1+ 1 ~ 7 1 ~ 7 ~~~ ~~~~ ~ ~ ~ ~ i ~ w i •- --- -- -- -- -- --a B~~ndry Site Plan ~~ ~~ ~ ~Q~'~{~BLY~, ~ a~. ~~~~ •r~ r, LII~ ~1J~18j ti• rr +~l rrr r~ ~1~~~~ r ~ r4 ~~ ,~ ~l11~~1~'mI~II~YL1'!~ rrr. `, rr>>. rrr r r ,~ r ,rr , r r rr rr rr ~~ I~ ~ ~ ~ ~ ~~ ~, rrr wr ~~ ~r rr~ `, + r~r~ r~ 5 r~ r ' ~1 r r rr+~ ~ ~ (l'~Ill®mlf R~~~~ ~ ~ ~ ~ ~ ~ ~ ~~~~ ~~ ~~ 88541 ACRFS r-~~i i~~m ~ ~ r~ ~ ~` ~ ~+ ~ ~ ~ '•,r~ ~ rrr`. ~~ ~ W11 ` ~r ~ ~~ ~~ Xr rr, ~ rr ~~ 10~I'E~~ ~ ~~., ~~Pp >. " "~ a e ~ ~ ~~ ~ '~°,~, ~_ ~ f ~ Kirkpatrick Architecture Studio 66 Denton Police and FEre Training Facility Phase 1 T' ~ ~ ~ '~ 1 ~~ ~~ ~ F ~~ ~ 1 e • ; w r 5..,~ '~~ .i~ ~rrr + ti"""" ""'*" • ~ '. .~ JJ/~~ ,..~.+.~ .~ ~r.*~. .+w~r.. rr , rr r~.*IS a .w~,.,~.~ #~~ ~!~ ~ ._~~~~~ ~Cirkpa~ric~ Architecture Studio ~7 Denton Police end Fire Training Facility ~ENT~N PUBLIC AFETYTRA~N~N FACILITY DC1~Dr1, Text PRDJEGT N0: ~~~~ ~II~ ~ro^~~ E~~~~ ~~ DATE:8~301~6 .~. . - ~ ~ ~ . ~ ~ ~ ~ Estimated Coy C~N~R#!~Tl~N DEN~~N P~l~LI AF~TY TRAlN~NC FACItlTY bite ~o~lstrLlCtlon Cods '~,~~~~~~ ~In~luding Design Contingency & Escalation Bul~dln~ ~onstru~tlon hosts ~,~~~,~~~ ~Inc~uding Design Contingency & Escalation SUB TOTAL 7,151,78 Percent Estimated Cvs Prograrrr ~ Design Fees ~ 0.0°IQ T~ 5,~ ~8 {Program Management, Architectural ~ Engineering} professional Reimbursable 1,U°lo 71,18 {Not to Exceed Amount} Perr~rit ~ Inspection Fees 1,5°I~ 1ox,~~~ Building Permits, City Fees ~ special Inspection Nnsurance Bond ~ .~°lo 12,580 SUB T~TA~. ~ ,01 x,553 Pi~AE I T~TA~. 8,1 G7~335 ~irkpatric~ Arohitet~re Studio ~~ Denton Police and dire Training F~ci~ity Phase 2 ~" '"~ ~~ _. #....r.,..... ;rt~~"~ ~Cirkpatrick Architecture studio ~9 ~ent~n P~iice and Fire 'raining Faciiity • • • • • • • • s • • • • • • • • • • • • • • • • • s • • • • • • • • • • • • • • ~ENT~N PL~BLI SAFETY TF~AI~II~V FA~~ITY D~I~~al~, Te~Cs PR~JE~T Mo: ~~~~~ Purl P~o^~~ E~~~~~ 5~~ DATE: ~~3010fi :.. :. mated ~os Esti ~NFl~[lrf~N ~~N~~N ~UB~L~C ~IFE~Y rR~a~Nf~r FAClL-T~ Slte ions#ruct~on dos#s ~ O~,T~ ~ Including Design aniingency & Escaiation} Building ~onstructlon hosts 3,~4,~~5 Including Design ~onti:nger:c~r & ~sca~ati~n} BUB TOTAL ~ ,8~~,~~ Percen Estimated Cos Program design Fees 1 U.0°la 3~5,~29 Program Management, Architectural S~ Engineering} Professional R~irrr~urable ~ .~°l~ 38,63 Nat tv exceed Arr~otrnt~ Per~11t Inspection Fees ~ .~°l~ $ ~7,8~4 ~l~uilding Permits, pity Fees & special Inspection Insurance Bond 1.?°l~ ~ ~a6,557 SUB TOTAL ~ ~',~~ ,... .. PHASE 2 TOTAL x,403,$83 Kirkpatrick Architecture Studio 70 Denton Police and Fire Training facility • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~• • • t • Phase 3 +9 r~; ,- ^, {!s+ fit ~,~~~~ a+ _~. ~ ~ Kirkpatrick Architecture Studio 71 Denton Police and Fire Training Facility t • i 1 • • • a • • • • • • • • • • • • • • • • • • • • • • • i • t • • • • • • • D~NTN PUBLIC A~~TY TRAINING FACILITY Denton, Texas ~~v~~cfi rao: ~I~tr Plan Pro'e~~ ~~~~~~ ~~~~ DATE:8f1~IQG ., .. .. .:.~ ...... , . co~~r~ucr~~~r ~~n~ro~ ~r~e~~~ ~a~~rr rru~~v ~-~~~~~~ bite D~ntructi~n hosts $ 3,4~4,~91 {Including Design Cantingency & Escalation} Building Dcntrution fasts ,4~~,T~O ~In~iuding Design antingency & Escalation ~B TOTAL 9,4~5,~9~ Percent Est~rnated Cos Program Design Fees ~o.o°I~ 942,9 Program Management, Architectural 8~ Engineering Professional Reimbursable ~.a°rQ 94,253 Not to Exceed Amnunt~ Permits ~ Inspection Fees ~ .~°l~ ~ 141,39 ~Bui~ding Permits, pity Fees & Special Inspection} Insurance Band 1.7'°l0 1 G0,23o SUB TOTAL ~,38,39~ PHASE 3 TOTAL $ ~ ~,Tfi,~B~ Kirkpatrick Architecture studio ~~ Denton Pvlic~ and i~ire Tr~inir~g Facility Phase 4 ''.~ ~ _ ~' "' '~ ~ ... ~ ,r.. .. r ~. ~w~+r~ W W.~+.wf ~1 ~ M r~ w Kirkpatrick Arohitecture studio ~3 Denton Police end Fire Training facility ~~NTN PUBI.I A~ETYTRAlNl1V F~-ILITY ~BntOn, ~~~~ PROJECT N0: ~~~r P~II PI"o~~ ~II'V1~~ ~~~ oATE;~~~a~~s ~R~~TI~N:~~~ ~ ~ . ~ . . `r. ~ ~ ~ ~ ~ ~ ~ ~ ~ . Estimated. CAS co~rr~~~rton~ ~~nrronr ~ve~~c s~~~rr r~ar~~r ~~ac-~~rY bite construction hosts x,884,843 ~lncludir~g Deign Contingency & Esc~lation~ Building construction of 4,g5,T8~ Including Design Contingency ~ Escalation} BUB TOTAL 8,480,93 Percen Estimated dos Program design Fees ~ o.~°I° G4~,D9 Program ~Ilanager~ent, Afchitectural ~ Engineering} Professional Reimbursable 1.D°lo s~4,8o~ {Not to Exceed Amount} Permits ~ Inspection Fees ~,~~~~ ~ 9~,~09 ~Buiiding Permits, City Fees ~ Special Inpection~ Insurance & Bond 1 ~~°I° ~ ~ ~o,~ ~~ SUB TOTAL 9~Q,~44 PMAE 4 TOTAL T,400,~~ Kirkpatrick Architecture studio 74 Denton police end Fire Training F~oiiity • • • • • • • • • • • • • • • • • • • • • • • • • • • • t • • • • • • • • • • • • • • Phase 5 ~! ~~- r .. .tip 1 w.+~ ., y.,y,,,. .. ~. - ~.- .4 .` ~ ~ .r # ~ . w~+ i ~irkpat~ick Architecture audio 7~ ~~nton Police and Firs Training Fa~~lity POTENTIAL PUTU~ AMEI~IT~E 91 ~ tenter Emergency operations tenter Public Safety Maintenance facility children's Educational Village ~„OSSIB~.E JOINT USAGE ParklJogginglBike Trails Bio Refueling Statian ~~mr~runity tenter Viewing~Pxcnic Area KiriCpatrick Architecture studio ?6 Denton Police and Fire ~`r~inin~ Facility • • • • • • • • • • • • • • • • • • • • • • • • • • • • t • • • • • • • • • • • • • r Conceptual Drawings Kirkpe~riok Architecture studio 7~ De~tvr~ Police a~n~ Fire Treiniog Facility Public Safety Training Facility Floor Plan -Phase I ~~~~~ ~~ SECOND FLOOR PLAN FIRST FLOOR PLAN ~Cirk~atric~ Ar~hitectur~ t~dio 78 ~~ntnn P~li~~ and dire Training Faciiity I` , !~~ 1 ` ` i ~~ ' S r `I` ~ ~ 1 r 1 ~I 1 i 1F ~ ~ } lF/~ Jwrv f ~ i~,~. l~~+~~, ~, ~ ~;~ I~ ~;i . ~~ l W ~t~~= ~, _ ~~ 1~ ~ ~ ~ ~. ; { ~~ 1 ~..~ ~~}.~w {~ , ~ ~~: w . ~ ;~ ~ ~ ~ ,.~ ~ ~~ ~ ~ ~ _''~ w ~ ~_ ~, ~ ~ ~ ~~ ~ ~ ~,~ ~ F~ ~ ~:~ ~ ~ ~~ f ~' ~~ ~ 4~ F ~'i~ + }}~ r~~` ~, r ~~ w U w a w ~~ a ~- w z 0 z ;, .~ ~~ ~~ '~ L ~ 1 ~1 1 it ~ ~ a ~ i w ~~ 1 ~~ r ~~ ~~ ~~ u ~ ,iI k III ik ,P`+ 1 C ~~ ~' ~1 1~~ I f+ ~~ R~r ~ ~ ~ ~~ ti + ~~ ..~ ~ ! t rr •~ ''~ J ~f rt + ~~^I } ~~ ~ 1 I, ~I Q~ f ~ ~R_ t ~~.~r ~~~+~,~ i ~,,~~. ~ ~~ 1{} 4 ~ ti r ,' ~~~ } +~} f i 11 ~4 1 ~ y1 c~; ~ { rr~ ! ; , ,~i ~~'~ ~ ~xl ~, 41 Kirkpatrick Architecture audio 79 Denton Policy end Fire Training Facility ~- ~I M ~+~+~' , 5 ~ ~, 4{ r ~ I ~` !. +~. f k +W ~~ ,~ ~~ ~J f W {~ k ~~ ~~ ~~ ,~ r~ 1 4 i ~f r "!a" xv ~ iYS,'y r " # I1yI ~:. ~'1~ 4 i ~t w.s~w 1 t ,,_~~ 4, , ~::'~K 3 ,~ ~~ E .:~., i"Cirkpatrik Architecture tadio 8Q Dentan Polite and Fire ~'rining Facility ~ I R K P A T R I ~( A R~ H I T E C T U~ E T U D I~ 100 l~l~st N1urb~rry street Benton, T~x~ 7fi201 940/~~~.~S2tel 940/~~~O2f~x ~rw.k-~-stu~~o.com ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and ,with its corporate office at hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) Page 1 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase _% Design and Development Phase _% Construction Documents Phase Bidding Phase _% Construction Phase 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals Associates Technical Staff Clerical Staff $ per hour per hour per hour per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $ without the prior written approval of the Owner. Page 2 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments through This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DESIGN FIRM BY: Firm's Officer/Representative WITNESS: BY: Page 3 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinaffer called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection >.2.1. 2.2.3 The Design Professional shall review with the Owner alteri~ative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of worl; involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Desigl~ Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structL~ral, mechanical and electrical systems, materials and such other elements as maybe appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 4 limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Constnrction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the wort: is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Desig~~ Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in pertortning all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Desig~~ Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the wort: wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Worh is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specitc qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be incompliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics Page 5 of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a fugal certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordal~ce with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due,. shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. if services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner ll~ writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.31 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 6 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations al~d detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural,. civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- structionbased on marled-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained lll the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- ficallydescribed inSubsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. Page 7 4.5 Where applicable, the Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall famish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall famish all legal, accounting and insurance counseling services as maybe necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fur~~ished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingenciesshall beincluded for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of way, fmancing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon ll~ writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. Page 8 ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performanceand cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defused as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment tapes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation v~ connection with the Project; expenses in connection with authorized out-of town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderll~gs, models and mocl~-ups requested by the Owner. 8.2.1.5 Expense ofcomputer-aided design alld draftv~g equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. Page 9 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is fnal, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation fled by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and 1lmployers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Deleted 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance incompliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suitor cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other parry with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the followli~g order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations ofthe design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 10 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 11 :, , ~ FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to alocal government officer of the local governmental entity with respect to expenditure of money. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/13/2006 . FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes ~ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes ~ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ~ No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 71 Signature of person doing business with the governmental entity Date Amended 01/13/2006 Exhibit 2 December 4, 2007 PGA i I 2006 fIRMP,YFAR ,u,l not~sTO Tom D. Shaw Purchasing Agent City of Denton Purchasing Department 901B Texas Street Denton, Texas 76209 Re: Public Safety Training Facility RFSP #3859 A/E Services Fee Proposal Deaz Tom: It is with pleasure and in anticipation of a great project and of creating a long term relationship with the City of Denton, that PGAL is submitting this fee proposal to provide architectural and engineering design services necessary to design, bid and construct the Architectural Design Scope of Services as described in the RFSP # 3859 (Copy Attached) for the new Public Safety Training Facility. The A!E Team will design all work as per the RFSP and include in the bid documents the agreed scope equivalent to the $10,500,000.00 budget as the base bid. The remaining scope will be included as add alternates. This will allow the City to determine at bid time how much of the scope to accept. You have selected PGAL and our team of consultants for this very demanding design project and this team is dedicated and determined to provide you and the City of Denton with both a rewazding design and construction process and a well planned and designed facility which will fulfill the needs of this effort and continue the implementation of the Master Plan for this site that to serve the community for yeazs to come. PROJECT UNDERSTANDING The Project basic services will consist of providing azchitectural and engineering design services for the four major components of the project; 1) Burn buildings will include 1 - Two story house, 1- Five story tower, and 1-Two story bum structure with flashover chamber 2) Outside training to include all items as listed in the RFSP, 3) Public Safety Training Classroom Building approximately ?0,500 squaze feet, 4) Firing Range as described in the RFSP. Also included are all site improvements required for the major components (Scope to be confirmed in the eazly concepts phase). This effort will include all phases of design services as described in the City of Denton General Conditions to Agreement for Architectural or Engineering Services. The A/E team will also initiate the permit review process for both the City of Denton and the Texas Department of Licensure and Regulation (TAS). Included with basic services in this proposal is the effort associated with the program confirmation and concept planning. The initial program confirmation and concept s c e s 1 a5 Ckcker Caurt 5uim 600 Irving, TX 75062 m 972 971 2225 IF] 972 971 2228 Fee Proposal City of Denton Public Safety Training Center December 4, ?007 Page 2 of 3 planning phase will be the first task for the A/E team and will allow for the needed program verification of certain portions of the project and to reconsider certain issues to better facilitate the planned phases of the project and to recognize the existing influences on the site such as utility infrastructure, slope of the property and the overhead power lines to name a few. As part of this effort the A/E team will determine which components of the scope to include in the documents as base bid equivalent to the proposed $10,500,000.00 budget with the remaining proposed scope of work as described in the RFSP to be included as add alternates. In addition to the basic services the A/E team has included the effort to provide the city a silver level LEED certified design. This effort is to assist the city in obtaining the LEED certification and establishing with the city representatives the specific points to pursue and all efforts to provide documentation towazd obtaining approval of those points. This effort does not include any commissioning associated with the LEED points. Along with PGAL the design team will include the consulting team as presented in the RFSP selection process with Turner Collie & Braden for civil engineering, Walter P. Moore for structural engineering, Purdy McGuire for MEP consulting, Elliott, LeBoeuf & McElwain as the fire training specialist, Kramer One as the Firing Range specialist and Newman Jackson & Bieberstein for landscape design. COMPENSATION Basic Services: We propose to perform these services for a Lump Sum of $1,390,375.00 exclusive of al] typical reimbursable costs. For the inclusion of design to Silver LEED Certification for the Public Safety Training Classroom Building a lump sum fee of $81,350.00 is requested. These fees are based on the scope of work as described in the RFSP and if this scope is revised these fees will be revised accordingly. Additional Services: If services other than those described are requested, they will be billed in addition to the above compensation in accordance with our current rate schedule or.as negotiated on a case-by-case basis. Additional Services aze items such as; I. Traffic Impact Analysis 2. Wetland Detenninations & Report (404 Reconnaissance) 3. Environmental Phase I Investigation and Report 4. Water Study 5. Sewer Study 6. Preliminary Plat 7. Boundary Survey 8. Topographic Survey Fee Proposal City of Denton Public Safety Training Center December 4, 2007 Page 3 of 3 9. Physical CFD Modeling (Swift Water Channel) 10. GeotechnicalInvestigations l 1. Civil Engineering Design related to other areas of the property other than this phase 12. Participation in a community awareness program. 13. Updating the existing Master Plan document. 14. Other items as described in the City of Denton General Conditions to Agreement for Architectural or Engineering Services. Reimbursable Items: Items we will consider, as typical reimbwsable costs will be invoiced at cost plus 10%. These items include all items as described in the City of Denton Standard Agreement for Architects Services and any printing costs for review by the owner and for pricing. Fees for the permitting and TDLR review will be in addition to any typical A/E reimbursable items. I anticipate our reimbwsable budget for a project of this type and complexity should be approximately $25,000.00. The total fees for the project will be invoiced on a percent complete basis and billed monthly until the completion of the project. Reimbwsable costs will be billed montlily as they occur. PROJECT SCHEDULE We aze prepazed to deliver the project as soon as the City of Denton provides written notification to proceed. I anticipate that once we are notified to proceed we will follow the attached schedule for the duration of the project. Thank you for the opportunity to assist you with this project. I look forwazd to working with you and the other city personnel on this and any other projects we can be of assistance. We have personnel available to begin this project immediately. Please do not hesitate to call should you have any questions regarding this proposal. D'avi'd L. Andrews, AIA Principal cc: file/ REQUEST FQR SEALED PROPQ3AL 3859 City of Denton Architectural/Engineering Services for Public Safety Training Facility [. ~~N~RAI_ [NF~RiUi~1TIC~~ A, ~ro~ec~ Tithe; ~rcl~tecturall~ng~eeriug Services for Public Safety Training Facility B. ~ro~e~t Loc~tlon~ youth hest Garner of Bonnie Brae and vintage Paxlay City and Caurity a~ Denton State of Texas Prnjec~ In~en~: ~. The City of Denton has purchased 8~acres far a combined Public Safety Training Facility and Fire Sta~.an ~~ on the south crest earner of Bonnie Brae and vintage Parlay. The site currently has a recently completed Fire Station dire Station ~7} an it v~hich is currently going thxaugh the LB~D Cerdf~cation process, ~. The pity a~ Denton ~;`finer"} is the process of selecting architectural~engineering teams"Propaser7'~ far the design and canstractian o~ ~ Public Safety Traini~-g Facility. This pray ect is unique in that a Master Plan far ~ Police Department and Fire Department TraYning Facility traininn and administrati~re apices, firing range, burn building, fire tamer, driving tracl~, classrooms, a large camn~ur~ity~aiuing, etc. has already been completed See l~ttachn~ent 1 `~Pu~lic safety Tramming Facility Master Plan"~, Tlae selected architect~rallengineering ~ may use the Master Plan as a general outline far basic facility layout ar~d scope of services. The City of Denton ~"Omer"} shall reserve the right to add and~ar remove items to floe scope of services. The selected architectural~engineer~ng firm nay also suggest alternatives to the Master Plan, 3. The selected Proposer mill be required to v~orl~ closely .tl~ the finer tl~rougl~aut the process as veil as effecti~rely interacting and canununicating Frith members of a select Police Deparment, Fire Department, ~lartl~ Central Texas College ~NCTC~, etc. Design. Team. ~~ Therefore, the selected Proposer must include a carnbinatian of experience in public safety training facility design and caustructian, including state of tha art ~rrin.g ranges and lire ~rre trai.n.%~~g. There is nothing in this Request far Proposal that v~auld Iimit the Proposer frarn farming a team that meets Page ~ REQUEST FOR SEALED PROPQSAL 3859 Cify of Denfon ArchitecturaUEngineering Services for Public Safety Training Facility the c~~nb~natian a~ successes e~perien~ee in design and construction ai' public safety training facilities, D. estimated project Budget: ~. die total currently available project budget ~ 1~.~ million, prefer to phase ~~ ~ an attachment ~~ "Public afet~r ~'rain%ng Facility 1V~aster Plan"~ Un~`unded potential tore phase ~ = ~ 0.7 million. {refer to phase 3 on attachment 1 "Public afet~ Training Facility 1Vlaster Flan"} 3. Unfunded potential future phase ~ ` ~'.4 ~r~.illion. prefer to phase 4 an attachrner~t 1 "Public Safety Training Facility Master Plan"} ~~. AR~~~'~~'~BNlNB~~ APE ~F BIE: ~. ~'ro~lde ail services to complete tl.]e pra~ect nacluding: 1 i design of project and phased in approach to the Public Safety Training Faci~~ty based on budget and operational cansidcratians including but not limited to. a. hand utili~atian b. host savingslanalysis c. Shared use by public at"ety agencies d. ~.ccess and egress ~. security and safety ~. energy canservatic~~ g, nviroaent issues h, use o~ utilities including grater, seer, fiber? telephone, etc, i. Potential alternative future uses by the pity of Denton, ~~ design De~relopn~ent far Public t'aty Training Facility: Nat limited to but to include designing the building in relationship to operations and 1V~aintenance cast and e~cier~cies related to tl7e building being a valuable useable facility i'ar future years ~~ a years plug. 3, ons~~uct~on Docu~,ent far Public Sa~'ty ~'rain~uag Fac111ty; To include ~rritfien docnmer~tation from the State of 'leas concerning the ~raiver ot` gage 3 REQUEST FOR SEALED PROPOSAL 3$59 City of Denton Architectural/Engineering Services for Public Safety Training Facility FDA requirements andlor con~rn~ng that all dra.ngs and dacuments meet FDA re~uiren~ents and guidelines befare bidding the pray ect, ~. 5peci~catian statement of Prabablo ~~sts} far Public safety Trai~ang Facility: Ta include constructian estates but not limited to exterior landscapingx u~ilies, electrical, mater and furniture instatla~an costs, also the estimates of ~perati.ans and Maintenance annual casts to aperata the new build.~g, rnaintaing the building, and securing the building in a safe manner, i.e., may include fiber, telephane utility, etc. 5. atis~g all pity, tate~ Federal and recognised standards ~Ie: FPA, ~P~, etc.} for planning and bui~dir~g requirements especially as fey nay relate to ire and poi~ce gaining facilities. ~. Examining passYb11~t1es a des~gn~ng fac~lrtres based an the prlnclple of sustainability and energy conservation, 7. Bidding far canstructian v~ill be sent out and received by the Cif of Denton Purcba~ing Department as per state statute. The recanlended rrn v~il~ be expected to attend: numerous its of Denton Public Safety Training Facility n~etir~gs, some community meetings, sane Plann~r~ and caning ~ai.ttee meetings and carne pity of Denton pity council meetings. B. antenfi o~ Prop~sal~ The architect~engineer's information should be concise and maybe supported by any exhibits that demonstrate the firm's steam's} qualicatians and experience in building Public safety Training Facili~es. The i~forrnation should address the follav~ing; ~ . credentials of the architect~engineer Stearn} that mill be directly in~ral~ed in the pray ect for the Public afety Training Facility. ~. A description of the procedure in which the architectlengineer Stearn} ill arl with it~y staff. 3. A. description of the procedure in ~rl~ich the architecfilengineer ~team~ ill ~varl~ with pity Deparnerrts includ.~g tl~e Police Department, Fire Department, Facilities IVlanagernent and o~aer city departments along with any consultants specialised in specific design elements of the pray ect. ~ag~ 4 REQUEST FOR SEALED PROPOSAL 3859 Cify of Denton Arahitectural(Engineering Services for Public Safety Training Facility 4. ~, Iist of related pra~eats and clients that nay be contacted ~'or addianal infar~nati~n. 5, ~emanstrated experience in sustainable design. G. a the architectlengineer steam} vll accomplish tie project specifically building ~ rriodern state a the ark i'ully opera~onal pubic safety training facility. 7. Architect rriay be required t~ use the pity of Benton assigned mechanical e~.g~neer. Architootural Deign pope ~f Vllork for P~b1io Safety Training ~aciiity ~~aed on the Master Plan, ~~t may ~e al#ored by `~~~rner"~ 1, burn buildings ~puter controlled gas fired props ^ Multi~sta~.on Meets all safer standards ^ 1- T~v~ story house Mass ~ Fuel} 1- Pure story tower {lass B ~'uel~ ^ ~ - ? toy burn structure with ashaver cha~aber Mass A and mast lil~ely apre-manufactured container type o~ system} Other Items as outlined attach~aent ~ ~ "Public aety Training Pacilit~ Master Plan". ^ Must rueet any and all environmental consideratians~ ~a~vs, guidelines and standards ~. Outside training ~Ia.~ rnat area Outdoor lassroarn ^ Drafting pit Oaso~ine tanl~er prop Fire pit ancealed space rescue = Trench rescue space ^ ~ri~ v~ater rescue ^ Other Items as outlined ~n at~acl~ment ~ ~ "Public afe Training Facility Master Plan'. ^ Must meet any and ail environmental considerations, laves, guidelines and standards Page REQUEST FOR SEALED PROPOSAL 3859 City of Denfon ArchitecturaUEngineering Services for Public Safety Training Facility 3. public afet~ Traini~.g lassraom wilding of appr~~imatel~ ~~~a~ square fast. a. Police ~epar~nent, dire Department and NT Training and A.dinistratiou ~ccs: ~l} dices far approarnatel~ S ad~strati~e and gaining staff fxarn the Palice Department, fire Depar~nent and iVT. ~~~ ~ large conference xaatn, sma~. rneet~ng raanx and breal~ area and suitable re~traamllacl~er facilities. b. lassroan~ fac111t~ part~on: ~ ] } l~a~out and design to be determined Frith ~e follaing criteria considered as a ~nunum: ~Multip~e classr~arns of varying sires -hacker raam facilities -Possible fitness raam -.At least l classraarn should be male to be can~erted into an ~~ -wilding must be designed far poten~al futuxe epansl~ns C. "iI`~' r~arri~s} far crews training. d. Possible l l canununication center. e. Parl~ing fir appra~in~atel~ l aD vehicles. f. ~tl~er Items as outlined in a~ach~n,ent # 1 "Public afety Training Facility Master Plan". ~. Firing range: ~~Tl~e fallo~vi.ng criteria is based off e ~naste~ plan and mill Iil~el~r . change. Training raam of 8aa square feet. xununition and ~`ixea~ns storage of ~ a0 square feet w hest raa~ns of ~~~ feet eacl~ far total of ~aa square feet. ~fce of 1 ~a square Feet, Page ~ REQUEST FQR SEALED PROPOSAL 3859 City of Denfon ArchitecturalfEngineering Services for Public Safety Training Facility x ~a ~baa~ng stations antral baatl~ ^ Sniper range Shoat pause found reduction considerations ^ 1VIus~ meek ~ and all envixonn~en~al cansxderatians, laws, guidelines and standards ether Items as outlined ~ attacbznent I "Public afet~ 'Praxning Facility Master Plan". ~. copy oftbe pity's Standaxd agreement for Axchitects Ser~rices is attached Attachment #~~. ~. damply with ADA. regulatians~ ~~y ardir~ances, Plan-n~ra~ and Devclapmen~ a~.e and all Fire and Building codes. F. onstructian administration Dili be completed by .e pity of Denton. fir. Produce budget in~Qrxnatian and cast estinaat~s for Public Safes draining Faciiity prior t~ bid and as needed before beginning construc~an. 111 S~i~~TiON i'R~ A~. R~~eipt of P~opvai: one ~1~ original cop~~nd six ~~} copies a~the proposal must be submitted an or ~efare Friday August ~~ ~~~7 at :~~ ~,~ ~o: it of Denton. ~urcha~i~g Depa~tm~nt Attention: T~r~ D. Shaw, purchasing Agent 9D~ B Teas tr~et, Denton, Texas 7~~~g~ - ~'he envelope containing die proposals shall be sealed anal bear the Hama and address of the Proposer and shall be plainly marled a follows; SEALED PROPOSAL #3859 FOR ARCHITECTURALIENGINEERING SERVICES FOR CITY OF DENTON PUBLlC SAFETY TRAIiVIfilG FACILITY B. Danis of proposal ornparisanl~vafuation: gage ~ REQUEST FQR SEALED PROPOSAL 3859 - Cify of Denton ArchitecturaUEngineering Services for Public Safety Training Facility Proposals will be comparedlevalu~ted on e basis a~the ~ollo~ng: 1. Prapaser's previous successful history planning, designing and constructing faint use comprehensive publjc safety training facilities including but not limited to burn buildings, ire training towers, classrooms, ~~ water rescue, firing range designs, shoat houses and driving has = ~ ~ ~1~ ~. ~rapaser's ability to wor~~ successlly with ail levels of contractors in carnpleting projects successfully far the "~wner~' which includes but is not limited to on-time, an~budget and long-tern sustainability = ~~ °I~ ~7errlonstrated ability to worl~ success~`i~1ly with local jurisdictions with their unique development plans and building process = "~ ~°~~ 4~ qualification of the Prapaser and ability to perform the warm which ~na~ include LEER Certification = ~~°~o 5. Creative approach = '~ 0% Inter~e~r ~riIl be oonduoted by are e~~lutia~ committee, ~uhv ~r~l~ then make the final recommendation to pity official l'~r approval. Method of ~ra~d: 1, ~ohowing tl~e deadline far receipt of propasalsa all proposals submitted will be analyzed and reviewed by ~wu.er, The owner reserves the right not to accept any ~raposal, or to reject any or all proposals and to waive defects or i~regulari~es in any proposal, at its discre~on, The Owner will select the Prapaser, who at the sole discretion of die Owner, is the most responsible and beneficial Prapaser to the Owner and will then have the right to negotiate a contract based an all :~actars involved in e propasai. ~. Auer selection, the successful Prapaser and tae Owner ~ than negotiate and complete all necessary docurnenta~on and contracts, wring contract develapnnent and negotiation, the successful Proposer sha1~ not contact and Owner al~icia.l except the individual designated to act on the Cwner7s bel~alf during this process. a successful agreement cannot be reached with the first selected Prapaser, the ~wr~er rill then negotiate with the next Proposer and continue this process ~uatil acceptabre agreenent is reached. Page 8 a ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF PGAL TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE CITY OF DENTON PUBLIC SAFETY TRAINING FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (RFSP 3859 IN AN AMOUNT NOT TO EXCEED $1,496,935). WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with PGAL, to provide professional architectural and related services for the design of a Public Safety Training Facility for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: 3-ORD-RFSP 3859 ATTA~NT A PR~F~I[~NA~ RVI~~S ~~E14~ENT F~~ A~~IT~T ~R ENIN~~R THIS RE~MENT ~~ made and entered into as of the t ~ day of December, ~0~7, by and between the pity of Denton, Teas, a Teas munipal corporation, with its principal o#ce at ~ ~ fast 1VIcl~inney Street, Denton, Denton aunt, Texas 7G~~1, hereinafter called "Dwne~' and PAS,, with its corporate once at t0~ Decker ~our~ quite X00 Irving, Texas 75~~2 hereinaer called "Design Profcssional," acting herein, by and through their day authorized representa~ve. In consideration of the co~renants and agree,~ents herein contained, the partial hereto do rnut-~ally agree as follows; ~TI~N 1 E~+IP~~Y~NT ~F DESIGN PRD~'ESIONA~ The owner hereby contracts with the Design Professional, a licensed Te~ras ahitect or engineer, as an independent contractor. The Design Professional hereby agrees perform the services as described herein and . the Propasa~, the reneral conditions, and other attachments to this Anent that axe referenced in Section 3, in connecctian with the Project, The Pro jest shah Include, without limitation, describe the Project in the space below or an attachment} ~ ~ ~ • t • i ! ~a page 1 c:~no~ ~a F ~rrur. ss~~~y ~~ r~~~oss~~ ~ ~ ~ F~c~i~.~.~~ ~IVIPENATIO The vnef shall compensate the Design Professional as follows: ~.~ ~~ ~~ x.1,1 For ~a~ic eves the total compe~sa~on shall be ~ 1,9~,75.i. Addi~ona~ eompenation to include SEED ilve~ design services is S ~,3~~.~0, for a end Total of $1,471,7~5,U~. ~.1~~ Progress pay~aaents for Basic Services shall ~e paid in the following percentages far of the fatal oarupena~on for the Basac Services sa~sfactorily completed at the end of the follavving phases of the Prod ect: Schematic Des~igr~ Phase l ~°10 Desiga and Developmt Phase 20°Io ~anstruion Docu,~nents Phase ~O~l~ Bidding Phase 5°Io or~structian Phase ~U°I~ ~.~ AD~IITIDI~A~ SERVICES Z,~,1 ompensatian for Ad~i~onal Services is as follows: See attached Rate Schedule, ~.~.~ ompensa~on for Addi~onal Services of cc~~sultants, inching additiotl structural, mechanical and electrical engineering services shall be based on a multiple of ~ , ~ times the amounts bled to the Design Professional far such addi~onal services. ~.3 1IB~]~ABLE E~P~I~SE Reimbursable Expenses shall be a mui~ple of 1.1 tomes the expenses in~umcl by the Design Professional, the Design Professional's employees and consultants in the interest ofthe Pra~ect as defined in the ~e ondztxo but not to exceed a total of 5,0.0 without the prior vvritteri approval ofthe der. Page ~ C~I~ocum~#s and ~emings~landr~vs.PGAL1I~oca~ Set~gslTempoy In~rnet ~'~1es10LKF5~3859 FsA Pn61ic sa~r F~ci~i~y#P~AL.dacPGAL ~'^~~ This Aganent includes this executed anent and the following docu~aent~ a~ of which are at~uched ~~o and made a part heofby reference as if fuli~r sct forth heron. ~. City afDenton General. Conditions Agreement for Architectural nr Engineering Services. 2. The Design Professional's Proposal 3. Exhibits 1 through ~ This Agmer~ is signed by ~e parties hereto efFecti~e as ofthe date first above written. CITY GF DENTON BY: CEC~GE ~. CAI'~E~L CITY 11~ANAGER ATTEST; JEI~NIPE~ wA~'TERS, CITY E~TA~Y ~"Y: APPR~ED A EDWIN M. B~; ~ ~AL Fes: wIT~E: . . ..~ . BY: ~~ ~ :. ~ ~` . w. .. w... w Page sa-a~.~.o s~~y r~ ~aor~s~~s~ ~ ~~ ~ F ~..ao~~~. PIERCE V ~~DIN AL~~ANI]P~R 8~ IIINVILLE HOURLY SCHEDULE EDIT A ~~S'~P~I 'I"~ DIRECTOR ~~.aa PRZNIPAL ~7'~~ PROJECT MANAGER ~ ~~.~~ ENI~R PROJECT ARCHITECT, DE~C~NER, ENGINEER 15~,~4 PROJECT ARCHITECT, DEICNER, ENZNEER ~ ZS.~~ ARCHITECT, DEINER, EN]NEER 110,0 A~TANT ARCI~ITECT, DEICxNER, ENGINEER 90.D~ SPACE PLANNER 50.~~ A~TANT SAACE PLANNER 75.0 SENIGR ENGINEER 1 GS •00 PROTECT ENCTNEER 15~,~U ~CNSTRUCTI~N ADNIINITRAT~R ~25,~0 CNTRtICTI~N INPECT~R 100.0 ADMINISTRATION 50.40 RATES INCLUDE ALL MARKUPS ~~~ ~VERIAD, E~RDEN~ FEES, ETC,, AND ~L~ILL REIVIAIN IN EFFECT UNTIL DECEMBER 2047. CITY OF DENTON GENERAL CQNDITIUNS TO AGREEI4I~NT 1~R AR~CTURAL OR ENGIlVEERING ~ERPICES ARTICLE I, A,RL'DITEC,I' OR 1~ NGFR'~ REF(1N~~S l.1 The Architect ar Fngineer~s services consist of those services far the Project (as defined in the agreert (the "Agreement"} and proposal (#he "Proposal"} to which these General Conditions are attached3 performed by the Architect or Ea~g~neer [hereinafixer called the `design Professional's or Design Professior~l's employees and cons~ltarrts as enumerated in Articles 2 and 3 ofthese General t,fonditions as mod~ied by Agreement and Proposal (die "Services"}. 1~ 'l^he Design Professional will perform all Services as arx independent contractor to the prevaslirrgg professional standards consistent with the level of care and skill ordinarily exercised by m~nbers of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions {the `free of Care'. The Services shall be performed. as expeditiously as is corisist~etit with the Degree of Care necessary for the orderly progress of the Proje~. Upon request of the Owner, the Design Profession shall submit for the Owners approval a schedule for the perforn~ance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required. for the Owner's review and far approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and apprQVed by the Owner shall. not, except fox reasonable cause, be exceeded by the Design Professional or Owner, and any adjustment to this schedule stroll be mutualally acceptable to both parties. ARTICI~EE ~ SCD~E QF BASIC BER~C ~.1 BASIC SERYI ~' DEFIl~IED The Design Professional's basic Services consist of those described in Sections ~.2 through ~.~ of these C~neral Conditions and include without lirr3.itation normal sta~ctaral, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Cansauction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement ~.2 SOMATIC DESIGN PHASE ~.~.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and ~ establish the requiremerrxs for the Project. ?..~.~ The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construcction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. ~,~.3 The Design Professional shall review with the Owner alternative approaches #o design and camst~uction of the Project. ?.~.413ased on the mutuallyagreed-upon program, schedule and construuction budget regniremet~s, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other docu~ner>xs illustrating scale and rela#ionship of Project components. The Schematic Design shall cante~nplate compliance with all applicable laws, statutes, ordinances, codes and regulations. ~,~,5 The Design Professional shall subrtrit to the Owner a preliminary detailed estimate of Construeion Cost based on curre~ area, volume or other unit cosh and which indicates the cost of each categrny of wori€ involved in construcctinng the Pm jest and es~iblishes an elapsed time factor far the period of time from the commencement to the completion of cansttuction, ~.~ DESIGN DEVELpEMENT PHASE ?.3,1 Based on. the approved Schematic Design l]acumearts and any adjustxnerrts authorized by the Owner in the program, schedule or construction budget= the Design Professional shall prepare far approval by the Owner, Design Development Docuements consisting of drawings and other documents to fix and describe the size and charm ofthe Project as to architectural, struuctural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, states, ordinances, codes and regulations. Notwi€hs~nding Owner's approval of the dacrunerr~s, Design Professional represents that the Documents and speciticatians will be srrfriciet3t and adequate to fulfdl the proposes ofthe Project, ~.3.~ The Design Professional shall advise the Dwner of any adjustments to the preliminary estate of~Catrstnrction Cost in a further Detailed Staternerrt as described in Section 2.x.5. ~.4 CDN~I'RUCTION DUCUMEIVTS SASE ?,.4.1 Based on the approved Design Development Documents and arty fur#her adjustments in the scope or quality of the Project or in the construction budget authari~d by the Owner, the Design Professional shall prepare, far approval by the Owner, Constsuctian Docurrren#s consisting of Drawings and specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regr~latioars. ~ The Design Professional shall assist the Owner in the preparation of the necessary bidding ar procurement infozrnation, bidding or procurement forms, the Conditions of the contracts and the form ofAgreement between the Owner and contractor. x,4,3 The Design Professional shall advise the Dwner ofany adjustments to previous prelirmi;rary estimates of Construction Cost indicated. by changes m requirements or general market cor~itions. ?h4.~ The Design Professional shall assist the Ownea in connection with the Owner's responsibility for filing documents required far the approval of governrn~tal authorities having jurisdiction over the Project. 2~ CQNSTRUCON CON'T'RACT PRQG'URE1VIElVT 2~I The Design Professional, following the Owners approval ofthe Canst<uctian Document and ofthe latest prelimnary detailed estimate of Constractian Cost, shall assistt the Owe in procuring a construction corrtr~ct for the Project through anY procurement me~od that is legally applicable to the Project including without Page 4 S:IprchlAgendalAgenda 2~D7-20~S1December 11, 2U~71RF~P 385 Arch Svc for Public Safety Training 1{acilityl5-AGR-RFSP 3589.docPGAL linutation, the competitive sealed bidding process. Altliaugh the Owner will cansid~~e advice afthe Design Professional, the award of the construction contract is in ~e sole discretion ofthe Owner. 2.5.2 If the construuctian contract amoutrt for the Project exceeds the total cot~ttuction cost of the Project as set Earth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professionall, at its sale cast grid expense, will revise the Constzuction Documents as may be required by the Owner to reduce ar madiflr the quantity or q~lity afthe wank sa that the fatal construction cost afthe Project will oat exceed the fatal cons~uction cost set forth in the aroved Detailed Statement ofProbable Construction Coss, Z,~ COl~TTRU'Cl`r~N ~~ - AD~I'RATIOl1[ OF THE CONSTRUCI`ION CONTACT x.6.1 The Design Professional's responsibifity to provide Basic Services for the Construction Phase ceder this Agreement carnmerices with the award ofthe Contract for Construction and terminates at the issuance to the Qwner of the final C.cate for Payment, unless extended under the terms of Subseon 8.3.2. 2.b.2 The Design Professional shad provide detailed adnunis~ation ofthe Contract far Constrrrctian as set forth below.l?or design professionclss the administration shall also be in cccordance with AIA document A2~1, G~ercl Canditians of the Contract far Canst<uctian, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. >~ar engineers the administration shall also be in accordance with the Standard Specifications far Public Vi~orks Canst<uctian by the North Central Texas Council of vertnner~s, current as of the date of~e Agreement, unless otherwise provided m the Agre~nent. 2,6.3 Canshuobion Phase duties, respansibilitYesnnd limitations of authority of the Design Professional shad oat be restricted, modified or extended without written agre~netrt ofthe Dwner and Design Professional, 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the~Owner €1} during canstruuctian, and ~2} at the Owner's diret~ion firm time to time during the carrec~.on, or warranty period described in the t,~ontract far Construction. The Design Professional shall have authority to act on behalf of the Ov~mer only to the extern provided in the Agreement and these C,eneral Conditions, unless otherwise modified by written instrument, 2,6.5 The Design Professional shall observe the construction. site at least one time a week, while construction is in progress, and cs reasonably necessary while carrstruction is trot in progress, #n became familiar with the progress and quality of the work completed and to determine if the work is being performed in a mariner indicating that the work when completed will be in accordance with fire Contract Dac~urtert#s. Design Professional shall provide Qwner a written report subsequent to each. orr~s~e visit. On the basis of an-site observations the Design Professional shall keep the Owner informed of ~.e progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the der awy observable defects ar deficiencies in the work of Contractor ar any subcarrtbars. The Design Frofessiarral represents that he will fellow Degree of Care in performing all Services under the Agreement. The Design Professional sha11 promptly correct any defective designs or specifications famished by the Design Frofessiorral at no cost to the Qwner. The Own~'s approval, acceptance use of or payment far all or arry part of the Design Professional's Services hereunder or of the Project itself shad in no way alter the Design Professional's obligations or the Dvmer's rights hereunder'. ?t.G.G The Design Professional shall not have control over ar charge- of and shall not be responsible for construction means, medrads, techniques, sequences or procedures, or far safety precautions and pragrarns in connection with the work. The Design Professional shall not be responsible far the Contractori's schedules ar failure ~ carry out the work in accordance with the Contract Dacumet~ts except insofar as such failure may result from Design Professional's negligent acts ar omis- sions. The Design Professional shall not have control aver or charge of acts or omissions of the Cor~ractor, 8ubcontr~tars, or their agents ar employees, or of any other persons performing porticos of die warlc. 2,6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. ~.6r8 F,xcept as may otherwise be provided in the Conrtract Documents or when direct can~rnunicatians have been. specially authori~d, the Owner and Contractor shall communicate through the Design Professional. Cotnrnunicaations byandwiththe Design Professional's corrsultatrts shall be through the Design Professional. ?~.b~9 Based on the Design. Professional's observations at the site of the work and evaluations of the Contrnctar's Applications for Paymear~ the Design Professional shall review and certify the amounts due the Contractor. 2,G,i~ The Design Frafessiarral's certificetion for paymerrt shall constte a representation to the Owner, based on the Design Frafessianal's observations at the site as provided in ubsecction 2.6.5 and on the data comprising the Cdr's Application for Payment; that die work has progressed to the point indicated and that fire qualityy of the mark is in accordance with the Contract Documens. The foregoing repr~entatiorrs are subject to minor deviations from the Contract Documents rectable prior fA completion and to specific grralifit%ons e~cpressed by the Design Professional. The issuance of a Certificate far Paymerrt shall further constitute a representafiotr that the Contractor is .tied to payment in the amount certYfied. ~Iawever, the issuance of a Certificate far Payment shall not be a representaatian that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or ~2} ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. x.6.11 The l~es1gn Professional shall have the responsibility and arrthorrty .~ reject work which does oat conform bo the Caa~act Documents. ~enever the Design Professior~l considers it necessary or advisable far implernentRtion of the intent of the Contract Dacumen~, the Design Professional will have authority to require additioncl inspection ar testing of the work in accordance wish the provisions of the Contract Dacumerrts, whether ar not such mark is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in goad faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of'the Design Professional to the Contractor, Subs'actors, material and equipment suppliers, their agents ar employees or other persons performing portions of the wozk. ~,~,~ The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Scruples for the purpose of ~l} ermining compliance with applicable laves, statutes, ordces and codes; and ~2) d~eterrnining whether ar oat the work, when c3omplebed., will be in compliance with the requirements of the Contract Dacume~s. The Design Professional shad act with such reasonable promptness to cause no delay in the wrnk or in the construction ofthe Orrmer or of separate contractors, while allowing sufficient time in the Design Professional's professional judgmetrt to permit adequate revievr, Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions anal quatrtities or for substamita~ing ins~.xrctions for installation or performance of equipment or system designed by the Contractor, all of which retna the responsibility of the Contractor to ~e extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precarrkions ar, unless otheru~ise specifically stated by the Design Professiaaral, of constru~ctlon means, methods, techniques, sequences ar procedures. 'The Design Professional's approval of a specific item shall oat indicate approval of an assembly afwhich.the item is a campan~t. V~hen professional oertific'an of performance characteriics ~~~~ ~ S:lprchlAgendalAgenda 27-20~SIDecember 11, 24t}71RFSP 3859 Arch Svc for Public Safety Training Iiacilityl5-AfiR~RFSP 3589.docPGAL of materials, systems or equipment is required by t>~e Car~ract Documents, the Design Professional shall be entitled to rely upon such ce~gf~.catian to establish that the materials, systems or equipment wall meet the perforn7ance criteria required ~ the Contract l)acuments. X13 The Design Professional shall prepare Change Ord~s and Construcl~on Change Directives, with supporting documentat<on and data if deemed necessary by the Design Professional as provided in Subsection 3.1.I and 3.3.3, for ~e Owner's approval and execution in accordance with the Contract Dncumer~ts, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension ofthe Contract Time which are not inconsistent with tiie intent ofthe Contract Documents. ?.~14 t7n behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if reques~d by the owner shall issue ~erti#icates of ub~al and Final Cvmgletion. The Design Professional will receive review wri~en guar tees and related document required by the Contract for Cnnstroction to be assembled by the Contractor and shall issue a final crate for Payment upoa~ carnpliance with the requirements of the Contract Documents. ?.G.IS The Design Professional. shall interpret and provide recommendations on noatters concerning perf'arn~ance of the Owner and Contractor under the roquuemen~ of the Contract Documerns an written request of either ~e Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. ~,6.iG Interpr~atians and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or ~ the farm of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful gerformarlce by both Owner and Contractor, and sha11 not be liab)e for result or interpretations or decisions so rendered in good faith in accordance with all the provisions oi'this Agreement and in the absence ofnegligence. ~,~.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other rna#kers in question b~ween the Owner and Contractor ruing to the execution or progress of the work as provided in the Cotmract Documents. ~~~,18 The Design Professional (1) shl render services under the Agreement in accordance with the Degree of Care; (~~ will reimburse the Owner for all damages caused by the defective designs the Design Professiaral prepares; and ~3} by aclarowledg~ing payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any oftlre Design Professional's obligations thereunder. ~.~19 The Design Professional shall provide the Owner with four sets of repradr~cible prints stowing aIl significant changes to the Canstzuction Documents dw~ing the Construction Phase. ARTIt~LLE ~ ADb17`I~NAL ~ER~ICES 3,i GEIVEIt~1L 3.1,1 The services described in this Arkicle 3 are oat included in Basic Services unless sa idemafied in the Agre~nent ar Proposal, and they shall be paid far by ~e Owner as provided in the Agreement, in addition to the compensation for Hasic Services. The services described under Sections 3,2 and 3.4 shall only be provided if authori~d or confirmed in writing by the Owner. ~f services described under Contingent Additional Services in Section 3.3 ire required due #o cir~unstances beyond. the Design Professional's cantml, the Design Professional shall n the Owner in writing and shall not commence such additional services until rt receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Co~ingent Additiatral Services are not requireda the Design Professional shall have no obligation to provide #hase services. Owner will be responsible for campe°rrsating the Design Professional for Contint Additional Services only if they are oat required due to the negligence or fault of Design Professional. ~.~ ~a»cr s~r>~~~ro~r $~~axn ~ ~~vrcE~ 3~.~ if more extensive repres~tation at the site than is described in Subsection 2.6.5 is require the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional an~site responibilities. 3.~.~ Project Repre.~entatives shall be selected, empla~+ed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner ~d Design Professional, 3.3 CONTINGENT ADDITIQNAL fiERVICES 3.3.1 IVlaking ma#erial revisions in Drawings, Specifications or other documents when such revision are: 1. inconsistent with approvals or instruction previously given by the Owner, including revisions made necessary by adjustments in the Ownef s program ar Project budged 2. required ~+the enactment orrevision ofcodes, laws or regulations subsequentta the prep~afton ofsuch documents, ar 3. due to changes r+required as a result ofthe Owners failuro to render decision in a timely manner. 3.3.E Providing services required because of significant changes in the Project including, but not limited to, sizre, quality, complexity, or the Owners schedule, except far services required undex Subsection 2.5,2. 3,3,3 Preparing Drawings, Specifications and other documetion and supporting data, and providing other services in connection ~vitb Cl~ge Orders and Construction Change Directives. 3.34 Providing consultation coming replacement ofwork damaged by fire or other cause during construction, and famishing services required. in connection with the replaaem~rt of such work. 3.3,5 Providing services pie necessary by the default of the Contactor, by major defects or defciencies in the work ofthe Cor3tractar, ar by failure ofperforfnance of either the Owner or Contractor under the Contract far Construction. Pig ~ S;IprchlAgerrdalAgenda 2007-~0081December 11, 20071RFSP 3859 Arch Svc for Public Safety Training FacilitylS~AGR RFSP 3589.dacPGAl1 3.3,6 Providing services in evaluating an extensive number of chums submitted by the Cor~tractar or others in connection with the work. 3,3.7 lroviding services itr connexion wish a public hearing, arbitra#ian proceedizrg or legal proceeding except whew the Design Professional is party thereto. 3,3,8 Providing services in addition to those regwred by Article ~ for Preparing dacumen#s for alternate, separate ar sequerrtzal bids or providing services in connection wi#h bidding ar construction prior to the completion ofthe Construction Dac~uments Phase. 3,3,9 Natwitl~sinnding anything contained in the Agrnent, Proposal or these General Conditiflns to the contrary, alI services described in this Article 3 that are caused ar necessitated m whole ar in part due to the negligent act ar omission of the Design Professioa~al shall be performed by the Design Prafessioiral as a part vfthe Basic Services under the Agreement with no additional compensation shave and beyond the compensation due the Design Professional for the Basic Ser~rices. The intervening or concurrent rreglig~ce ofthe t~vner shall not limit the Design Professional's abligati~s under this Subsection 3.3.9. 3.4 OPi'1DNA~ Ati~1.'I`YO~AL S~R~Cl~ 3,4.1 Providing financial feasibility nr other special studies. 3,4,E Providing planning surveys, site evaluations or comparative studies afprospective sites. 3.4.3 Providing special surveys, environmental studies arxd submissions required far approvals of governmental authorities or others having jurisdiction over the Project. 3.4,4 Providing services relative to future facilities, systems and equipment 3,4.a Providing services to investigate existing condigons or facilities ar to n~alce meas~ued drawings thereof. 3A.6 Providing services to verify the accuracy of drawings or other itrformation furni.~hed by the Owner. 3~,7 Providing coardinatian ofcansstruuctian performed by separate contractors ar by the Owner's awry farces and caardinatian of services required in connection with construction performed and equipment supplied by the Dvmer, 3,4,8 Providing detailed quar>tDly surveys ar inventories of material, equipment and lobar. 3,4,9 l'r`oviding analyses of operating and, maintenance costs. 3,4.1Q Making investigations, inven#ories ofmaterials orequipment, ar valua#ians and detailed appraisals of existing facilities. 3A.1~ Providing assistance in the utrlr~ation of equipmen# ar systems such as testing, adjusting and balancing, preparation of operation and maintenance rrranuals, training personnel far operation acrd rnairrtenance and consultation during operation. 3A.13 Providing interior design and similar services required far ar in connection with the selection ptacuremetrt or installaxson of furniture, furnishings and related egtupmerrt. 3A~14 Providing services other than. as provided in ~ectian 2.x.4, after issuance to the Owner of the feral Certif caxe for payment and expiratiion of the Warranty period. oftbe Contract for Consbvction. 3,4.11! Providing services ofconsultants for other than architectural, civil, stzuctural, mechanical and electrical engineering portions afthe Project provided as a part of Basic Services, 3.4.16 Providing any other services not otherwise included in #his Agreement nr not customarily furnished in accordance with generally accepted architectural pce~ 3~4.~7 Preparing a set of reproducible record drawings in addition to those required by Subsection 2,b.19, showing signiflcan# changes in the work made during con- structionbaed unmarked-upprints,drawingsand other data famished by the Contractor to the Design Prafessioral. 3.4.18 Notwithstanding awything contained in the Agreement, Proposal or these Creneral Conditimrs to the contrary, all services described in this Article 3 that are caused ar necessitated in whole or in part due to the neglignnr# set or onussion of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no addztioa~al compensation above and beyond the rampensatian due the Design Professial for the Basic Services. The intervening ar concurrent neglig of the Owner shall not limit the Design Professional's abligatians under his ubsec~tian 3.4.18. ARTICI~E~4 OWNER~3 ~NS~ILTTIES 4.1 The Owner shall consult with the Desiga Professional regarding requirements far the Project, including {I~ the Owner's objectives, ~} schedule and design cons#rarints and criteria, including space requiremer~ and relationships, flex~iility, expendability, special ~l~l~ systems and site requirements, as nacre speci- frc~lly d~escn~ed iA Subsection 2.x.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Consttuctian Cost, the Own~'s other and reasonable contingencies related to all of these casts. 4.3 )freques#ed by the Design Professional, the Owner shall ~ evidence that financial arrangements have been made to fu}f ll the Owners obligeions under this Agreement. 4.4 The Owner shall designate a r~resentative a~thori~ed to act on the Owrle~'s behalf with respect to the Project The Owner or such authorised representative shall render decisions in a timely manner pertaining to dacume~nts submitted by the Design Professional i order to avoid ~urreasonable delay in the orderly and seque~ial progress ofthe Design Professional's services. Page 7 S:lprchlAgeta4dalAgenda 207-20~81December 11, 2~~71I~FSP 3859 Arch Svc for Public Safety Training Facilityl5-AGR-Rl~'SP 3589.docPGAL 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limi~tians and utility locations for the site of the Project, and a written legal doscription of the site. The surveys and legal information shall include, as applicable, grades and lines of street, alleys, pavernen~ and adjoining FroP~Y and structures; adjacent drainage; rights-af-way, restrictiar~, easements, encro~chrnen~, zoning, deed rest~ctians, boundaries and contours of the site; locations, dimensions aril necessary data pertaining to existing buildings, other improvements and trees; and informatEOn cancerrdn available utility services and lines, both public and private, above and below grade, including inverts and. depths, All the ird'armatian on the sr3rvey shall be referenced to a project benchmark. 4.6 Where applicable, ~e Owner shall furnish the services of geatechnical engineers vvlien such services are requested by the Design Professional, Such services may include but are oat linuted to test borings, test pits, detemtinations of soil bearing values, percolation tests, evaluations of ha~ardaus materials, ground corrosion and re" sistivity tests, including necessary operatiat~ for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall. furnish the services of other cor~sultan~ why such services are reasonably regmred by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4,7 When not a part of the Additional Services, the Owner shall furnish stnrchzral, mechanical, chernic~l, air and wad pollution tests, tests of ha~rdous materials, and other laboratory and environmerl test, inspections and reports required lay law or the Contract Documents. 4.~ The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time far the Project, including auditing services the Owner may require to verify the Contractors Applications for Paymer~ or to ascertain haw ar for what purposes tine Contractor has used the money paid by or an behalf of the Owner. 49 The services, infam~tion, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owne>as expense, and the Design Professional shaIl be entitled to rely upon the accuracy and campl~eness Thereof in the absence of aknry negligence on the part of the Design Professional. 4,14 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware ofany fault or defect in the Project or nonconformance with the Contract Dacurnent`s. 4,11 I]esiga Professional shall propose language for certil~cates ar certifications to be requested. of the Design Professional, or Design Professional's cor~sultan#s acrd shall submit such to the Owner far review and approval at least fourteen {14~ days prior #a execution. The Owner agrees not to request c~ertifi.cations that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSI'RDCTION COST 5.1 CONSTRICTION COST DEFIl-lE~l 5.1.1 The Construction Cost shall. be the #otal cast or estimated cast to the Owner of all elements ofthe Project designed or specified by the Design Professional. 5,1.E The Construction Cost shall include the cast at cutrent rnarlcet rates of lobar and materials furnished by Owner and equipment designed, specified, selected or specially provided for ~ the Design Professional, plus a reasonable allowance far the Contractor's overhead. and profit. In additiarr, a reasonable allowance for con- tmgenciesshall beincluded for market conditions at the time of bidding and for changes in the work during canshuction. 5.L3 Canstrrictian Cast does oat include the compensaxtian of the Design. Professional and Design Professional's consultan#s, the costs of the land, rights-af way, financiug or other costs which are the responsibility of the Owner as provided in Article 4. 5.~ RESFONSYBII.Tr`~ FOR CONl~RUCI'I~N COST 5,x,1 lfvalrtations of the Owners Project budget, preliminary estimates of Construction Cast and detailed estimates of Cansttuctian Cast prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar wish the consrtuction industry. ~t is recogrriu~d, however, that neither the Design Professional nor the Owner' has control over the cast of labor, materials or equipment, over the Contra~r's methods of determining bid prices, or over carnpetitive bidding or market conditions. Accordingly, the Design Professional cannot sod does not warrant or represent that bids or cast proposals will not vary from the Owners Project budget or from any estimate ofCanstnzction Cost or evaluation prepared or agreed to by the Design Professional. 5.2,E No fixed. limit of Construction Cost shall be established as a condition of the Agreeren# by the famishing, proposal or establishment of a Prof ect budged unless such fixed Bruit has been agreed upon in writing and sig~aed by the parties thereto. lfsuch a fixed ~ has been established, the Design Frofessianal shall be permitted to include conting~cies far design,, bidding and price escalaation, ~ determine what materials, equipment, component systems and types of canstniction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alterra~te bids to adjust the Gonstluctian Cost to the fixed limit. Fixed ].units, if any, shall be increased in the amout>t of an increase in the CantE~ct Sum occurring afteer execution ofthe Contract for Construction. 5.2.3 If the Procurement Phase has oat ca~nmenced within 9D days aftoer the Design Professional submits the Constnrctian Documents to the Owner, any Project budget or fixed limit of Construction Cant shall be adjusted to reflect ranges in the general level of prices iA co~nstiuction industryy between the date of submission of the Consb~uction Documents to the Owner and the date on which proposals are sought. ARTICLE ~ OWNERSHIP A1WD USE OF DOC[JIVIEN'I'~ G,1 The Drawings, Specations and other documents prepared by the Design Professional for his Project are instruments of the Design Professional's service and shall become the property of ~e Owner upon terrninatiou or completion of the Agreemnn#. The Design Professional is entitled to retain. copies of all such documents. Such documents are intended only be applicable to this Project, acrd Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the even the Owner uses any of~e information or materials developed pursuant to the Agreement in another project or for other purposes than arc speafied in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Submission or distribution of documents to meet official regulatory requirement or for similar purposes in connection with the Project is not #o be oansttued as publica#ion ul derogation ofthe Design Professronal"S reserved rights. ~~g~ ~ S:IprchlAgerrdalAgenda X007-~17081December 11, ~0~71ISP 389 Arch Svc for Public Safety Training Facilityl~-AG>~-RFSP 3~89.docPGAL 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the ternns of the Agee~ment through no faun of the Design Professional. Owner may terminate the Agreen~er~t or any phase thereof with or without cause upon thirty {~~}days prior written notice to the Design Professional. All work and labor being perfarrned under the Agreement shall cease irnmediabely upon Design Prof~sianal's receipt of such notice. Before the end afthe thirty {3U} day period, Design Professional shall invoice the Owner for all work ix satisfactorily performed prior to the receipt of such notice. Na amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall became property of the Owner upon termination of the Agreement and shall. be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for cantinuafion of services on the Prect, Design Professional shall cooperate in providing information. 'T.~ 'the Project is suspded by the Owner for mare than 3~ consecutive days, the Design Professional shall be compensated far services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's carnpensation shall be equitably adjusted to provide for ~ incurred in the interruption and resumption of the Design Professional"s services. 7~3 The Agreement may be tern~inated by Owner upon not less than seven days written notice to the Desigp~ Professional in the event that the Project is permanently abandoned. if the Pro jeer is abandoned by the Owner for more than 9~ consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. ?,4 pailure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performanceandcause for termir~tian. 7,5 If the Owner fails to make paymen# to Design Professional within thirty (3~) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend perfon~nance of services under the Ageement. 7~6 ht the event of termination not the fault of the Design Prof~ssiors~l, the Design Professional shall be compensated far services properly and satisfactorily perfanned prior to termination. ARTICLE 8 PAYMEl~TS TD THE DEIGN FROT'ESIONA~- 8,1 DIRECT PERSONNEL ~~ 8.x.1 Direct Personnel Expense is defrned as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary car~ributions and benefits related thereto, such as employment taxes and other statutory employee benef~s, insurance, sick leave, holidays, vacations, pensions and similar cantx`iiburions and benefrfs. 8.~ REIlVIBURSABLE ENSES 8.x.1 Reimbursable Expenses are in addition to coiripensatian for Basic and Additiarrai Services and include expenses incurred by the Design Professional and Design Professional's employees and consultant in the interest nfthe Project, as identified in the fallowing Clauses. S,Z,1,1 Expense of transportation in coimectian wish the Project; expenses in connection with authorised out-of to-~m travel; long~distance cammur~ications; and fees paid for.securing appmval of authorities havingjurisdiction over the Project. 8,x,1,2 Expense of reproductions (except the r~roduction of the set of document referenced in Subsection x.6.19}, postage and i~andling isf Drawings, Specifications and offer documents. 8,~.~.3 If authari~ed in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.Z.1A Expense of renderings, models and mocl~-ups requested by the Owner. 8.x.1.5 Expense ofcomputer-aided design and drai~itig equipment time when used in connection with the Pi~aject. 8.x.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 FAYE~IT ~N ACCOUNT DF BsASYC SE~t~'ICES 8,3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in 5ectinn ~ of the Agreement and the schedule of work. 83.21E and to the extent that the time initially established in the Agreeine~nt is exceeded ar extended thmugh no fault nfthe Design. Professional, compensation for any services r~idered during the additional period oftime shall be computed in the manner s~ forth in Section 2 of the Agreement. 8.33 Where common is based an a percentage of Construction Cost and any portions of the Project are deleted or otherwise oat constructed, camperisatian for thane pardons of the Project shall payable to the ~t services are performed on those portions, is accordance with the schedule set forth in Section 2 of the Agreement based ~ {l} ~e lowest bona fide bid ar ~2} if no such bid or proposal is received, the most recent preliminary estimate of Construction Cast or detailed ~ of Coastruc~ion. Cost for such porrions of the Project. 8,4 FAINTS GN ACCGUNT GF AUl?~IG1~iAL SERVICE ~ Payment an accormt of the Design Professional's Additional Services and for ~eim6ursable Exile shaft be made monthly within 3~ days after the presentation to the ~ of the Design Professional's statement of services rendered or expenses incurred. 8,5 PAYl1V~'S No deductions shall be made from the Design Professional's carripensatiau on accoutrt ofpenalty, liquidated damages or other sums withheld from payments #o contractors, ar on account aftbe cast ofchariges in the work other than those far which the Design Professional is responsible. Pale 9 S::lprchlAgendalAgenda 2~~7-20~81December 11, 2~071RFSP 3859 Arch Svc far Public Safety Training l?acilityl5-AGR Rh'SP 3589.docPGAL DESIGN P~UFESSiDI~AL'S ACCOL~~ itECORD6 Design Pmfessionat shall make available to Owner or Owner's authorized r~resentative records of Reimbursable F,xpenses and .expenses pe~aining to Additional Services acrd services performed on the basis of a multiple of Direct Personnel Expense far inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later, ARTICLE 9 INI3EMNIT'Y ~.1 The Design Professional shall indemnify and save and hall harmless the Owner and officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but oat limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and Property damage, resulting from the negligent acts ar omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreerraent, 9.~ Nothing herein shall be cot trued to create a liability to any person who is not a party to the Agreement, artd nothing herein shall waive any ofthe parties' defenses, bath at law or equity, to any claim, cause of action, or litigation filed by anyone oat a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved, ARTICLE 1~ IiV~SIJRAN During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Connnission or arty successor agency that has a rating with hest Rate Carriers ofat least an A- ar above: 1~1 Comprehensive General Liability Insurance with bodily injury limits ofnot less than $1,0OO,OQO far each occurrence and not less than $2,004,00 in the aggregate, ar~d with property damage limits ofnot less than $1~0,00~ far each occurrence and not less than 25,040 in the aggregate. 10,E Automobile Liability Insurance with bodily injury limits of oat less than $500,440 for each person and not less than $500,000 for each aident, and with property damage limits of oot less than $140,000 for each accident. 10.3 Worker's Compensati~ Insurance in accordance with statutory requirements, and Employers' Liability lnsurance with limits of oat less than ~ 140,000 for each accident including occupataanal disease. 10,4 Deleted 10.5 The Design Professional shall furnish insurance certifcates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall captain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty X30}days' prior written Notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change ar cancellation, famish Owner with subsritute certificates of insurance meeting the requirements of this Article 1 ~. ARTICLE 11 ,~.~N~DU~ ERQV1SI~lV~ 11.1 The Agreement shah be governed by the laves of the State of Texas. Venue of any suit ar cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The owner and Design Professional, respectively, bind themselves, their parrnners, successors, assigns and legal rept~sentatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Prafessio~al. shall not assign i~ interests in the Agreement vvithoutthe written consent ofthe Owner. 1~,3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachme~s referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Uwner and Design Professional and supersedes all prior negotiatiopsr representations ar agnents, either writt~ or oral. The Agreem~t may be amended only by written instrument signed by both Owner and Desigp Professional, when interpreting the Agreement the executed. Agrreement, Proposal, these General Conditions and the other a1#achmen~s referenced in Section 3 of the Agreement shall to the extent that is reasonably poss~~ble be read so as to harmonize the provisions. Hovvev~', should the provisions ofthese documen.~ be in conflict sa that they can oat be reasonably harmonized, sPch documents shall be gives priority in. the fohowing order: 1. The e~ecubed Agreement ~. Attachment referenced in Section 3 afthe Agreement other than the Proposal 3. These General Provisions 4. The Proposal 1X,4 Nothitrg contained in the Agreement shall create a conlract~al relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall Dave the right to include representations of the design ofthe Pro jec~ including photographs of the exterior and interior, among the Design Professional's promotional and professional mauls. The I]esign Professional's materials shall not include the Owneir's con#"rdential or proprietary information ifthe Owner has previously advised the Design Professional in writing of the specific infonpnation considered. by the Owner to be canf- dential err proprietary. The Owner shall provide professional credit for the Resign Frafessional an the constt~tion sign and in the promotional materials for the Project. 11~ Approval by the C+wner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcantractars, and suboansultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumptyon of such responsibility by the Owner for any defect in the design err other work prepared by the Design Professional, its employees, subco~'actors, agents, and consultants. 11.7 All notices, c~mnauaications, and reports required or permitted under the Agreement shall be personally delivered err mailed to the respect7ive parties by depositing same in the United Sturm mail to the address shown below signature 61ock on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. Ali notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three ~3} days after mailing. Page lO 5:lprchlAgendalAgenda 2007-20081December 11, 24071R>~SP 3859 Arch Svc far Public Safety Training >~acilityl5-AGR-RFSI? 35g9.docPGAL 1~.1~ If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shah be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shat l refarna the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the hrterltfon of the stricken provision, 1~.~ The Design Professint~al shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the wnrlc covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11,1 In performing the Services required. hereunder, the Design Professional shall not discriminate against any person oar the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informat€onal purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Fag 1 t S,IprchlAgendalAgenda ~~17-21~1December l 1, 2~~71RF~F 3859 Arch Svc far Public safety Training Facilityl5-ASR-I~FSP 3589.docFGAL AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 DEPARTMENT: Economic Development Department CM: George C. Campbell, City Manager ~ SUBJECT Consider adoption of an ordinance amending the Tax Abatement Agreement with Fastenal Company to extend the construction deadline; and providing an effective date (Economic Development Partnership Board recommends approval 7-0). BACKGROUND The City Council approved afive-year, 35% tax abatement for Fastenal Company in 2004. At that time, the company planned on constructing the distribution/regional headquarters facility in 2006. Fastenal is the world's largest distributor of industrial fasteners. The company plans to employ 113 and grow to 245 in their new facility. Activity at the new site will include distribution of Fastenal products to Texas and its bordering states and manufacture of some products. The facility will also become Fastenal's regional headquarters as well as a training center for employees. The corporate headquarters are located in Winona, Minnesota. At the time of their abatement, Fastenal stated they would invest over $8 million in the site. It was estimated that the project would result in approximately $6.5 million in increased valuation. The agreement requires that Fastenal complete their facility by December 31, 2006. They have begun construction, but have missed the December 2006 deadline. Fastenal received a foundation permit and they have completed the foundation work. However, off site improvements need to be addressed in order to obtain their building permit. Attached is a letter from Fastenal citing reasons for the delay in construction and requesting an amendment to the contract providing for a December 31, 2009 completion date. The construction of the facility will most likely be completed in 2008. The company has requested that 2009 be designated as the new completion year deadline to allow for any unknown delays that might occur. ESTIMATED SCHEDULE OF PROJECT Fastenal has completed the foundation for the facility. It is anticipated that a building permit will be issued soon. -1- PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed the request at their November 19, 2007 meeting and recommends approval of the amendment providing a December 31, 2009 completion date. EXHIBITS Ordinance Fastenal Company Letter Respectfully submitted: ,- ~ ,, •n ( ti r}-r/ _ tit. i r •5 ti i ~ F ~I~1 ~ :r. + + i~ n Linda Ratliff, Director Economic Development Department -2- i 2001 Theurer Boulevard INOClSTRl~4L & G~Of~I57R(K71~V SUPPLIES Winona, Minnesota 55987 October 25, 2007 Linda Ratliff, Director Economic Development City of Denton 215 E. McKinney Denton, Texas 16201 Re: Tax Abatement Agreement between City of Denton and Fastenal Company -- ~rdinance # 2004-013 Dear Ms. Ratliff Fastenal Company requests the Tax Abatement Agreement between City of Denton and Fastenal Company be amended and extended to December 31, 2449. By not having constructed the distribution facility by December 31, 2006 we understand per your letter that a Condition Failure has occurred with regard to the tax abatement agreement between the City of Denton and Fastenal Company. Several conditions have occurred preventing Fastenal from meeting the December 31, 2006 completion date; plan review delays, building design modifications and a new City Ordinance was enacted after submitting plans requiring off site easements be registered prior to replating have all impacted the schedule. In addition, rainy weather and construction site issues have added to the construction delays. ~Ve apologize for this oversight in schedule and ask the City of Denton act in favor of Fastenal in amending this agreement as requested. Please present this request to the Economic Development Partnership Board for review and hopefully a recommendation to the City Council for approval. If needed, I or a local Fastenal representative will gladly meet with the Board ar City Council to answer any questions or concerns. Thank you in advance for your consideration. Sincerely, ~Q~ Dana Johnson VP Corporate Real Estate s:laur d~cumentslordinancesl4~lfastena~ reinvestment ord.doc ORDINANCE NO. AN ORDINANCE AMENDING THE TAB ABATEMENT AR.EEIENT KITH FATENAL COMPANY TO EXTEND THE CONSTRUCTION DEADLINE; AND PRO~IDINCx AN E~"- FECTEDATE. AREAS, on March 2, ~0~4, the C1ty Council approved a Tax Abatement Agreement v~ith Fastenal Con~pan; and AREAS, the Agreement rewired that Pastenal complete their facility by December 1, ~~~~; and WHEREAS, the Economic Development Partnership Board recommends extending the deadline to December 31, X049; NOS, THEREFORE, THE COI~NCIL OF THE CITY OF DENTON HEREBY ORDAIN; ECT~ON ~. The findings and rec~tatlons contained ~n the preamble oftla~s ordinance ~.~`~ incorporated herein b~ reference. SECTION ~. The C1ty Co~unc~l hereby approves the pendent to the Faatenal Compa- ny Agreement by extending the construction deadline to December 31, X09. SECTION 3. This Ordinance shall became effective immediately upon its passage and approval, PASSED AND APPI~O~ED this the dad of X007. PERRY ~. cNE~L, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDIl~ M. SNYDER, CITY ATTORNEY BY. s:lour ~ocumentslconcts1471fastenal amendmen~.~~c AMENDMENT T A TA. ABATEMENT AGREEMENT BETWEEN THE ~IT~ ~~' DENTIN, TEA AND FASTENAL ~1VIPAN~ This Amendment to Tax Abatement Agreement the "Amendment"} is made and entered into as of the effective date provided for belay, by and between Fastenal Company, a Minnesota Corporation ~"Fastenal"}, and the CITY ~F DENTIN, a Texas municipal corparation the "Cit'~, far the purposes and considerations stated below: WHEREAS, the City and Fastenal entered into that certain Tax Abatement Agreement the "Exist~n.g Agreement"} authorized by City ordinance No. ~~a4-~~~ and dated March 2, ~~~4 under Chapter 1 of the Tax Code to stimulate economic developrrYer~t in the City; and WHEREAS, under paragraph I,B of the Existing Agreement Fastenal is required to complete the construction of the contemplated inlprvvem.ents by Deceruher 1, ~~0~; and ~IEREAS, Fastenal has requested that the required can~pletion date be amended to December 31, ~~~, due to unforeseen. delays afthe pra~ect; N~, THEREFORE, the City and Fastenal covenant and agree as fal~ows: 1. Paragraph I.B of the Existing Agreement is hereby amended to as fallav~s: "A condition of the Abatement is that, by December ~ 1, ~~9, capital investment which results in an increase in the assessed values contemplated by section I.A.1 be made to the prenaies." 2. All other terms and conditions of the Existing Agreement shall remain in full Force and effect. ~. This Amendment shall be effective as of the last date of signature of party as indicated below the "Effective Date"~. CITE" ~F DENTDN, TEAS BY: PERRY R. cNEILL, MAYOR DATE: ATTEST: JENNIFER ~UALTERS, CITY SECRETARY BY: Fage ~ s:1~ur dncumentsl~~ntracts107~fastena~l amendtnent.d~c A~~~~VED A T~ EE~AL ~`~RM: ED~V ~TYDER, CITY ATTORNEY ~~: BY: ~'ATENAL OIVIPA A INNE~TA ~P~RATIQN DANA. ~OHNN DATE: ATTEST: gage ~ AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-823 ~T IR.TF,CT Consider adoption of an ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document Number 94-R0001091 in the Real Property Records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easements through agreement or eminent domain; and providing an effective date. BACKGROUND The subject easement tracts are necessary to accommodate the installation of a 24-inch waterline along the north side of Roselawn Drive. The permanent water line easement is nominally 25 feet in width and the temporary construction easement is nominally 20 feet in width. To date, staff has had protracted dialogue and interaction with Ms. Todd in regard to the project scope, the precise location of her west property line, the existence of trees within the proposed easements, and numerous other ancillary issues. Notwithstanding this discourse, there are no indications that substantive discussions toward a settlement are to be forthcoming within the timing of the project schedule. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board consideration scheduled for December 10, 2007. FISCAL INFORMATION An independent appraisal was commissioned to determine the compensation offer to Ms. Todd in respect to the purchase of the easement rights necessary for the Project. The appraiser's opinion of total compensation for acquisition of the subject easements is $11,121,00 EXHIBITS 1. Location Map 2. Site Map 3. Ordinance 4. PUB Minutes Respectfully submitted, .~. Jimmy D. Coulter Director of Water/Wastewater Water Administration EXHIBIT 1 WESTRIDGE ~Q~ Q w ~ .. J Q Z Q I C~ I LLV VV ~J r~ d001 N LINDSEY ~~ OAKWOOD WILLOWWOOD ~ Q O W OAKWO ~ WILLOWWOOD = ~ o W z z ~ J W J W ~ ~ C~ ~ ~ W Q DUDLEY ~ ~ ~ (, W D ~ D ~ ~ ~ U W ~ J Z ~ U W Uj w U ~ J m PARVIN BORMAN ELEM DENIA REC CNTR ROSELAWN DRIVE Location of Subject Tracts w Q \SE 0 z O O ~_ Q ~v O~ W Q M ASSEY S EM CO ACMI U ~J, O~ o~. LOCATION MAP Todd Easement Tracts Roselawn Water Line Project EXHIBIT 2 1" = 100' Roselawn Water Line Project Site reap - Lee Anne Toa'a' Property s:lour docntnen#~lordinan~es1071roselawn water line - ~or~denmation ordinance - told ~asements.doc EXHIBIT 3 ORDINANCE N0. AN ORDINANCE DECLARING THAT ~ ~UBLiC NBCEITY EXISTS AND FINDING THA.~' PUBLIC WELFARE ~ CONVENIENCE REUI~.E THE TAKING AND ACQUIRING GF AN APFR~~IATE 4,2~ ACRE PERMANENT WATER EAEENT AND AN AFPI~~XI.ATE ~. l ~7 ACRE TEP~RA~Y C~NSTRUCTI~N EA.SE~NT, BGTH LOCATED IN THE ASA HIC~MAN SUI~~EY, ABSTRACT N~. X21 AND BATH BEING WITHIN A PARCEL ~F LAND CONVEYED T~ LEE ANNE TGDD BY DEED RECORDED ~ DOCUMENT NUMBER ~~-~oaa ~ a~ 1 IN THE REAL PROPERTY RECORDS O~ DENTON COUNTY, TEXAS; AUTHORISING THE CITY ATTORNEY, OR HIS DESIGNEE, TO A.CL~IRE THE EASEMENTS THROUGH ACREEIVIENT OR EMINENT DOl1~A1N; ,AND PROVIDING AN EFFECTE DATE. WHEREAS, aver due cons~derat~on of the public interest and the use and benefit to accrue to the City of Denton, Texas, THE CO~CJ~NCIL OF THE CITY ~F DENTON HEREBY ORDAINS: SECTION I. That public necessity exists, public welfare and canver~ience require, and the City of Denton dues hereby exercise its home-rule and statutory authority to acquire by agreement or eminent domain the following: a. a Pertxa.anent water Easement in the name of the City of Denton, Texas far the construction, reconstruction, installation and maintenance of water lines, rebated facilities and appurtenances in, vier, on across and under that certain parcel or tract of land containing approximately ~.~'7~ acre as more particularly described and depicted in Exhibit "A" attached hereto and made a part hereofby reference. b. a Temporary Construction Easement in the name of the City of Dentan, Texas for access, construction staging, placement of materials, equipment and supplies ~n conjunction with Construction Activities, for the construction and installation of a water line provided for by the permanent water easement referenced herein, ins over, on across and under that certain parcel ar tract of land containing approximately a. ~ ~7 acre as mare particularly described and depicted in Exhibit "B" attached hereto and nude a part hereof by reference, with said Temporary Construction Easement expiring upon the completion of the Construction Activities or one ~ 1 ~ year from the date the City of Dentan takes possession of the Temporary Construction Easement property, whichever occurs first, Bath of the above-referenced easements are hereina~er collectively referred to as the Easements. SECTION Z. The City Attorney or his designee shall have the a~utharity to da all things necessary and a~pprapriate to acquire the Easements through agreement or eminent domain. The City Council delegates to the City Attorney, or h1s designee the details of accompl~shing th1 objective including but not limited to obtaining final surveys, title insurance, engineering matters, title search, appraisals, offers, proper documentation, and filing and prosecuting e.in.ent domain proceedings. ~ ~{, ACTION 3, This ard~nance ~hal1 beeo~ne ef~eet1~e ~~.ed~ately upon its pa~age and approval. PA. QED ANI~ APPROVED this the dad of , 2~~7, PARRY ~. McNEILL, A~O~ ATTEST; ~ENI~'ER A~,T~~, CITE ~TA~~Y ~~Y; APP.O~ED A TO ~Cx~I~ FOAM: EDP NYD, CITY ATTO~Y BY: Page 2 EXHIBIT "~" ~~~~~ ~a~C~~o~ '~ariabte Width Waterline Easement Ise A~wc "odd Tract 1,278 Acres ~e~ng aft that certain Iot, tract or p~u*oel afland sl#~ated in Asa ~i~kn S~rrve~+, Al~s~aet l~'nmbe~ X21, City of Anton, Benton ~o~nty, Tens, being part of that cert~n calls x,321 acre pact of land described as'~ract I ire did to L~ ,~ru~e Todd recorded in cement dumber 94.149I of the 1'al Property Recnrcls of Dentin County, Texas, and being mere tier~larly describe~t as follows; ~~~~I~G at ~ ~~" char In concrete found at the southeast corner cf said Ted tract, being the sa~athw~t corner of that certain called ~,~ta7 acre tract of land descried in to To~ia ICim Ta~ylar Moan recorded to oocrrrnent ~Inmi~ ~1 •~1~2~ vfthe Real Proper Re~ot~ds of I?entan Caunty~ Texas, and bcirtg In Raselav~ Drive; 'P~EC~ S 8~°~~' ~'~" , 42$,9 feet irl l~oselawn pn~e and ~lbri~ ~e saw 1 of said Todd tract, to a'I" gypped mbar (Cr & A~ set at the westerly snut~west corner ni"that e~er#ain. tract of ltd descries in deed to a County cf Penton recorded ~'~oiume 387, Pale 5~S of dte Deed Records of Denton Ca~unty, Texas, 6ei~g the westexly sor~tst corner of a ~ of land desbed in deed to the County of Denton reco~ed in volume ~t~ 1 y ~~` ~~~~ 1 ~1. F~ 1'1 lJUpil`#~`Y~}~ YY y L~. 7 ~ f~'rty ~Q~~ ~~ I- t~ ~ ~~~7 ~13w" i1J~r ~~ P4 17~ .~~rt~ TNC~ N g9°l~'4~" E, ~28.~~ fect, to a ~" eappe~ rebar set an the east line of said Todd Traact l:, and the west Ilne of said Roan tract TNC~ S U~°04'4~" ~, 30.7 feet, along said dine, to ~e PDTNT ~~ ~~D ar~d ~ntairtir~g approxima~ly 0278 gyres of Iand.. ~ ~l` ~ ~~~' ~`sr~ ~~ ~ KENT M.1~~BL~Y su^u~~~ ~;1~~061~i62~41t,e~a1 ~1esc~rpticr~lEs~ Ta~.dec 4~"'f w r ~EC1i0f1 C04kf~~ ~^ ~ ~ ~'! J . ~ ~ ~ ~@R~Oii C041R~~ G ; I~oI. 387, Pg. ~fi~ ~ ~ ~ ~ ~~~ Anne Todd CCF ~o. 94-i09i ~ ~ ~ ~` Q r 'roc t I ~,~ ~~ ~~ ~~ ~ ~ ~ r i ~ ~'S 7~ ~ 24' ~4mpprary $ ~+~~~~ ~' + r i Cans#ruetion ~'lOt~~ ~~~~ f $ ~ ~ ..~ .~ ~ ~ '".rr" ' i ..~ ~ ~~ ~- ~4~,1 ~4767~} Jq QQ QQ ~ i P~ ~ ~Y` ~ Ll' ~~ i~ rl {~~T~ ! ~~ ~ ~F~I~r4V 1~ ~~ ~ ~ R * ~ a~~~ ~ ~~ ' .~ *! ~J ~ / {~ 1 ~' II~~+~ ^i,~,. ~i{~ ~~1r1~ ~` r i~ . ,~ ~~ c a# ~~ ~~ ~~ ~~ i Tad ~. l~e4dor Vol. 477, F~, 47D N i ~- ~~ t~ ~ am ~~ ..._'. 1~~1~J1 ~Ai~ laO~ICJf L. ti~d8 CCF N0. $6~3~~12 ~~ € ~~ HOC ~~~~~~ ~1 ~B~Bl~~f~ E€19911'1~n~ 0,2~~ ~ Ifl ~I'19 ~~ ~~ ~~~ ~D~ ~11C. ;~~ ~~~ ~ ~r/rs ~C~1 Rev~d~ t? P.q. Eat X898 ' Yre~lrv~e~,~r R C~/9~ Plpot ~ ~ F~ ~ eea~~ng~ based an Ci#y of Benton Centr~~ Sys#em, ~RA~I 8Y: 8.5, p~ITE: ~6/Z2/41 SCdLE: 1 -10~' JOB, H0, ~~~ HIB~T ~B~ H~~T ~ ~F ~ ~~ n~s~R~T~~~ ~~° T~~~~ ~~ASQn ~~~ Q.1~7 Acres Being aft #IYat ~ tat, ~aot or~arcct ofla~d Bitted in Asa Htc~ ~ur+rcy, Abstract NUifiber ~~1 y G~~ a~~e~an, Aem '~lit1~, T~XaS: ~ of that ce~n caitcd 4.3~i acre ~ of lend described ~r ~ ~ #~ Lee Anne Todd reco~dod in Docent Number 94-1 Q9t of ~e ~ Proms ~eoords of D~ton ut~ty, Ts, and being mare Par~.cut~ d~~ibed as follows. HEGYNN~ ~ ~ ~" capP~ rem [~ ~ A) set on the east lie afraid Todd Tract ~, from which a ~~ reb~ ~ canoe found a~ s~utl~ast corner Ib,ereafbea~~ S 44'~~" ~, ~~.7~ feet, said point bei on nest ofthat certain callai a,0~7 acre t~to~'d described In deed to Tan~ia l Taytar Roar re~rdred~ in Dam Number ~1-61"9 of#he deal Property Records o~'atau ~t~r, Texas; . THEE ~ 89°l3'45"'G~, ~~8~93 feed to a !~" capped rebnr SCI ~ A} set on wes#rerly west Line afa tract of land desaril~d in deed #o #~~ ion ofDm ror~rded in volume 3~7, Page ~~5 afthe Deed Records ofDcnton un~, Taus, being on ~e w~terlp e tine of a tract of end desc~hed in deed to the Jaunty of Denton reca~d in'~aluinc 38?, Page S~0 of the Reed Rrds oft~cntort Cody, Texas; 'r`HI~N N ~~~i4'4~"'~, ~~.~~ poet, along said Eine; T~NC~ N 8~°~ x'45" E, ~ZS,~3 feet, to a point on the east time of said Todd Tit I and t1~e west tine o~said Raaa traotr TINC~ ~ X4°04'4" ~, ~~,~~ feet, slang said tine, ~ # l~T ~~ 8~~~~ and cont~sxing aggroxinely 0~ 197 acres off' lend. ,~ ~F ~ •.~ ~rrs•rari•irror••t~•+f ~~~ ~~ ~~~ ~~~ ~~~~ S~~~ Z:1~a0~~4~.ogal D~scri~tionlT~mp Ta~d,doc ~GRY ,. . ~ent~+ fi~un3y Val, 387, pg. $~5 ~'~'+«r ....'-r-~.w.. ~~ ~~ ~ ~~ r~ ~~~ F I ~ ~ ~ ~ ~' ~ D~#an C~unt~ Voi. 387, Sgt 5S~ Awe Todd L i o ~ ~ ~ ee F N I D~1 I I r~ ~ o. - Trait ~ ,~~ i ~ ~ ~" r~ ~~ ~ ~~ ~ ~ rtirl~por~ay ,~ ~ ~ ~ C0111lNONOl1 iriiN[!~ ~ ~ i ~ • pp /~~~yff~J~+ p ~~}~r ~ Q1;~~ ~/~ r} ITV i!T T~4 it ~ ~ ~+ ~1~ ~}~~~~ ~~~ . YVote w Y Forernen# i - T~ .~ ! fed ~ Meadar , o a ~fof, ~1~7, P~. ~1~ ~~ ~~ c~ a ~~ ~ ~ ; i ~v ~~! ~~~ -. , - ~r T ft~r~dy Qnd N4f1C~+ l~ arr~is (.C~ Flo. 961 X31 ~ t ~~~~ J ~~~ J~~~ L ~I~ f~ " ~`empa~ry ~aserne~t ~lr }~ I~ ``##AA t~ ~ R~ +~ ~I ~IV~IWR1~ ~~J~ryryCC~i 1~1~ ~~ V~i~ ~~~~ ~~ A ~~ C. R ~lft ~ A~ri~ ~Cf ~x >~1~'R Bearings itiased an~ t~#y of ikr~tan ~antro~ Sys#em. pi~AA1V BY' i3,~. RATS: ~6/22fQ~ ~C~I.irc !~*#0~' ~,1V~ ~~~ AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Human Resources ACM: Geor e C. Cam bell Cit Mana er g p ~ y g CT 1R.TFf'T Consider a resolution re-establishing a standing committee of the City Council of the City of Denton for Council Appointee Performance Reviews; appointing the members of the committee; and providing an effective date. BACKGROUND In 2004, the City Council approved a resolution establishing a standing committee of the City Council for City Council Appointee Performance Measures. This committee's focus is to (1) recommend to the City Council yearly performance goals for the City Council appointees ("appointees"), (2) periodically review the goals and make recommended changes as needed to the City Council, and (3) review the job descriptions for the appointees and make recommended changes as needed to the City Council. At the time the resolution was established, there were only three appointees: City Manager, city Attorney, and Municipal Judge. Now, with the charter amendment that was approved on November 7, 2006, the resolution will need to be modified to include the City Auditor. Additionally, employment agreements of the appointees have been sent to the CAPR committee for review prior to the sending to the entire Council for consideration. This change is also reflected in the resolution. On April, 19, 2005, the City Council adopted a standing process for City Council appointee reviews (reference Exhibit "A"). The committee is recommending changing the dates for the performance assessment period to be commensurate with the calendar year (January 1 - December 31). nPTTnN~: Approve the resolution as proposed, not approve the resolution, or make modifications. FXTTTRTT~ Resolution Exhibit "A": Standing Process for Council Appointee Performance Reviews Respectfully submitted: ~{ .. ,, .., s ~, , . Carla J. Romine Director of Human Resources S:I~ur Do~umen#slRes~~utio~s1471CAPR Cam Reso.D~C RESOLUTION NO. A RESOLUTION RE-ETABLIHING A TANDINC~ COMMITTEE OF THE CITE C~UN- CIL OF THE CITY OF DENTON FOR CO~JNCII~ APPOINTED PERFORMANCE RE~ ~IE~US; APPOIl~ITIN TIC 1VIEBERS OF THE COMMITTEE; AND PRO~IDINC AN EFFECTIVE DATE. HEREA, an April 2a, ~~~4, the Denton C1~y Conc~l heretofore established a c~In- rriittee the "Con~mittee~'} by Resolution Na. Ia04-~~~ to recommend performance re~ie' standards to the City Council for City Council appointees, being the City Manager, City Attor- ney, and Municipal Court Judgc~ and WHEREAS, on November 7, ~~0~, the City Charter vas amended to add the City Audi- tor to the list of Council appointees; and WHEREAS, the City Council finds that it is in the public interest to re-establish the Committee as a standing con~na.ittee of the City Council; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLE; SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference, SECTION ~. The Crty Council hereby re-establishes a standing committee to be called the Council Appointee Performance Re~ie~v Committee the "Committee"}. The Committee shall consist of three City Council Members with the Director of Human Resources the "Direc- tor"} as an e~ officio rnemher. The members of the Committee shall be Counciltnen~ber Bab Montgomery, Councilmerriber,lock Than~son, Deputy Mayor Pro Tem Jae Mulray and ex officio member, Carla Romine, Director of Human Resourcesi The Conittee m.ernbers shall sere at the pleasure of the C1ty Council until successors are duly appointed by the Clty Council and be- came qualified. The person holding the position of Director v~ill automatioa.lly succeed as the ex officio member of the Committee. SECTION . The steps far the re~.ewing process are substantially in the farm of Exhibit "A" which is attached hereto. SECTION 4. The duties of the Committee include the ongoing ~ 1 }performance rcviev~ of City Council appointees and ~~} appointees' ~ ob descriptions, in order to make recoenda- tions to the City Council to assist the Council in evaluating the jab performance of the Council Appointees. Additionally, the Committee v~ill make recommendations regarding crnplayn~ent agreements, including renewals, of council appointee positions. SECTION 5. This Resolution shall become effccti~e immediately upon its passage and approval. s;l~ur dacumen~lresolu~ions1471capr nom reso.d~c PASSED AND APPROVED this ~h~ dad o#' , 2~~~. PERRY R. ~cNEIEL, MAYOR ATTEST: .TENNIP~~ SALTERS, CITY SECRETARY ~Y: APPROVED A T~ LEGAL ~'~l~M: EDP' BY: Page ~ s:lour documentslr~isce~~aneousl~']12007 capr com review timelines.doc K ~~~ ~~~~ F~I~ UNII~ APPOINTEE ~FRF~R~VIAN~ RE~'~ Process Timeline 1. Appointees submit listing of personal and professional goals .Tanuary to the ~ammittee for the performance year January 1 - I]ecernber 31 } ~, amn~lttee revues the goals and makes recommendations for February l]angeS; meets 1111 apponntee to dlscuss than ~ Committee presents goals to pity council for input and Februarylarch dlcuss~on 4. Committee meets v~ith appointees to discuss any changes Februarylarch Council nay have; appointee signs goals ~rhich is filed in ~falloing hislher personnel file aunoil meeting} 5. omn7ittee nay meet with appointees for a ~nld~year rev1e~ September of goals; changes may be made to the goals based an feedback from the Council, Can~mittee, ar aintees ~. Appointees submit report of accomplishments based on January established owls to Committee 7', o~n~nittee revie~rs accomplishments; meets with appointees February to discuss, es ecially if there are questions; S, o~ttee presents report of accomplishments to ounei~ for Fcbruarylarch r~V1e~V and dlscusslon; Committee makes recoln~nendt~ans to Council as to any erfarmance increases for appointees 9, Appointees meet v~ith the full Council to reviev~ and discuss Februarylarch t11~ ~~~~ year's accon~pllshn~ents and recelV~ any ~peclflC feedback, AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 DEPARTMENT: Human Resources CM/DCM/ACM. George C. Campbell, City Manager ~T 1R.TFf'T Consider an ordinance extending the term of the Employment Agreement between the City of Denton and Edwin M. Snyder as the City Attorney of the City of Denton; and providing an effective date. BACKGROUND The City's current employment agreement with Edwin Snyder will expire on December 31, 2007. An extension of this agreement to March 31, 2008, is being proposed in order to align the contract renewal with the performance review period. (1PTT(1N~ Approve the agreement as proposed, not approve the agreement, or make modifications. FXTTTRTT~ Ordinance Extending Term of Employment Original Employment Agreement Respectfully submitted: ~{ ~, , . Carla J. Romine Director of Human Resources F:luserslJKWALTER1AgendaslDecember 2007 AgendaslDecember ll, 20071Backupl3K Snyder Extensionll- AIS 12-ll CC meeting -consent item -Snyder Agreement Extension.doc ~:I~ur I}ocurnentsl0rdinances1071Snyder ~xsion Drd.d~c ORDINANCE ~. AN ORDn~ANCE ETEND~NCr THE TERN[ OF TIC EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON A~1D EDWIN M. SNYDER AS THE CT~`Y ATTORNEY OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 27, ~a07, the City of Denton rer~ev~ed the En~p~oyent Agreement ~"Agreement"~ with Edwin . Snyder ~"Snyder"} by Ordinance No. ~~~7-~~; and WHEREAS, the term of the Agreement a end on December 1, ~~4~7; and WHEREAS, the City Council finds that the Agreement should be extended to end March ~ 1, ~~~8; NOS, THEREFORE; THE COI`TNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and f~in.dings contained in the prean~b~e of this Ordinance are incorporated into the body of this Ordinance, SECTION ~. The City Co~ncii hereby approves the extens~an of the Agreement to end March 31, ~~aS in accordance with the document attached hereto SECTION ~. This Ordinance shall become effective 1.rnediately upon its passage and approval. PASSED AND APPROVED this the day of , ~a07. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRIITAR BY: APPROVED AS TO LEOAI~ FORM: EDEN Me l ~ 1 JJ V.LT 1 ~T ~~ :IOur Do~urnentsl~rdinan~es~~7lSnyder Extension Qrd.dac I'ENI~N ~F EIVIFL~~Y~IE~T ARE~ENT This is to ~er~e an ag~e~ment between e tty o~ Denton and Odin ll~. Snyder to extend hzs Employment Agreement dated Nlareh 27, ~~~7 through 1Vlareh ~, 0~8 upon the ~an~e ter~n~ and condit~ans. E~E~TED on this day, the off' _ ,,,, , X007. PERRY R. eNEILL~, NI,Y~R ATTEST: JEN"ER ATER, 7TY ERETARY ~Yf APPR~~ED A T~ LEGAL F`~RM. E~wIl~ NYDER, CITY ATTORNEY ~: Page 2 S:IOur Do~umertts~~rd~na~cesl0t~v antrac~ Ap~roval.~ac ~RI~INA~E 1~0, ~-~- A~ Ol~DI1~AI~~E ENE~VFN ANI~ AF~ROVIN A EMPLOYMENT AR~EME~1~'T EETEEN' THE OITY OF DENTON AND EDP' M. NYDER ~ TIC ~~TY ATTORNEY OF THE QTY OF ~EI~TON; A~F~O A ALAI~Y I~1EA~ FLT [.IAIwIT` TO THE PE~FORMA~CE ~.E~~E PROVISION ~ THE EMPLOYMENT AO~EEMENT; A~JTHO~INr TIIE EEI~DITURE OF FUNS; ~ P~p~~~[ AN ~FFEOTIVE DATE, VL~HEREAS, the pity of Benton and Ed~rin M,, Snyder, pity Attorney desire to rene~r, a~pp~o~~, and supersede that certain Ernployrr~ent Agreement dated ~u~y 1 ~, Z~~~, ~rhieh vas appro~e~d by Ordinance 1~0. ~~05-1~, ~ amended, by approving an ep~onent agreement in substantially the ~arn.e faun a~ ~~,~ agreement attached hereto and made a part hereof as Exhibit LL~if f L~~ Z~~~V~lliirnt}}~~ Gili~ ~V~IEIAS, approving a salary increase pursuant to Section ~B of the en~p~oy~nent agreement; and ERAS, the pity ouncii finds that the Agreement is in the public interest; NOS THEREFORE; TIDE O~JI~'~~L OF THE O~TY OF 1~E1~1TOI H>~~Y OR~DAI: E~TI~I~ 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body ofth~ Ordinance. ETON ~. The Oity vuncii hereby approves the Agreement and authorizes the 1Vla~or, or his designee to execute the Agreement on behalf of the City. SET~OhI 3. The City expenditures provided for xn the Agreement are hereb Y authorized. SET~OhI 4. This Ordinance shall become effective immediately upon its pasa a and appi'~aVal~ ~ PASSED ANA APPRO~VI] this the ,, ~ ~- da of ~~ Y , ~~~~. PE ~, McNEILL, MAYOR ATTEST'; JE ER SALTER , ~1TY S1~ORETARY EY; AFPR VED S LEO OEM; EO' R, ATTORNEY BY; ~ ~ S:lOur Dneume~tslCanlrn~slP7lSnydcr Emp~a}~oent Agreement-renewal.doc 7 ~ 1 1 I I l~ t rr~~ This Agreement, rpade and entered i~.to this day of , ~~47 by and between the pity of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Edwin . nyde~, hereinafter called "Errrployee", both of whvn~ agree as follows: witnesseth; Whereas, En~player desires to continue the erriployment of the services of Edwin iVI. Snyder s pity Attarpey of the pity of Depton by renewing the employment agreement dated July 1, ~aa5 as amended, which is superseded by this agreement and having retroactive effect to Japuary 1, 2a07, and whereas, it is the desire of Employer to (I } secure a~ad retain the services of Employee and to provide i.riducemept far him to remaip in such employment, ~~~ to ma1~e passible full worl~ productivity by assuring Employee's morale and peace of mind with respect to future security, and ~3~ to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and whereas, Employee desires to continue employmept as ~~ty Attorney of said pity of Dentan, Texas; apd whereas, the parties acl~now~edge that Employee is a member of the Mate Ear of Texas Mate Bari and that Employee is subject to the bode of Professional Respapsibility of the Mate Box; Now, Therefore, in cor~sideratiap of the mutual covenants herein captained, the parties agree as follows: ETIDN 1. DI1TlE Employer hereby continues the engagement of the en~playment services of Edwin NI. Snyder as pity Attorney of said Employer to perform the functions and duties specified by the Dentan pity charter, the pity bode, the laws of the Mate of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assign. ETID~12, TERM A. Nathir~g in this agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set Earth in section 4, paragraphs A and B afthis agreerrient. B. nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign. at any time from his position with the En~player, subject only to the provision set forth ip section 4, paragraph , afthis agreement, } ~ S:IOurpoc~ent~On7lSuyder~ploy~ne~tA .dac . Employee shall continue the duties of C1ty Attorney and agrees to remain ~ the exclusive rnplvy of Employer until December 3 t, ~0~7, and .either to accept other enaplvyn~ent nor to become employed by any other employer until this agreement is terminated by either party as prodded herein. This Agreement shall autan~atically renew for successive one year terns unless En~player gives Employee at least 3o day written notice of termination prior to such one year extension The term "err~ployed" shall not ~e construed to include Qccasianal teaching, writing, ar consulting performed on Employee's tune off, so long as it is approved in accordance with section 8 hereof ~ECT~~1~ ~. U~E1~I~NIREIVI~'VL subject to the provisions of section 4 below, Employer naay suspend or remove the Employee with or without fu11 pay and benefits at any time during the term. of this Agreement, but only if: ~ . Employer and Employee agree, or ~. At least ~ days before the suspension or rerrioval shall became effective, the City Council shall by a ma~orlty vote of Its members adapt a prelrrninary resolution stating the reasons far his ren~aval. Employee may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than ~a days nor later than a days aver the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Employee requests the hearing be held in open session in accordance with Tex. Gov't Cade ~551.~7~. Peu.din such hearing, the Council nay suspend Employee from duty, but may not suspend or reduce his salary, After such heaving or public hearing, if one be requested, aid aver full consideration, the Council by majority vote may adapt a dual resolution of removal or suspension. ECT~~N 4. EPA~A'TI~N A EVE~CE ~A~' A. Employee serves at the will anal pleasure of the City Council. In the event of his involuntary separation s City Attorney, he shall be entitled to receive a lump sum payment equal to six n~anths aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude ar an illegal act involving personal gain to him, or as provided ~. section ~7.D 1 ~ of the Laval avernent Code any act of incomet~ncy, oi`~cial misconduct, or intoxication on or off duty caused by drinking an alcoholic beverage; then, in those events, the City shall have no obligation to pay the aggregate severance sung designated herein B~ Involuntaxy separation as used in this paragraph means: ~t}his discharge or dismissal by the City Council; ar ~2} his resignation following a reduction in salary or other financial benefits of Employee in a greater percentage than. an applicable across-the-board reduction for all City en~playees; or ~~} in the event the City refuses, following a written notice, to comply ~v1th any other provision benefiting Ernplayee herein. Then, in the event of one of the occuvrences listed above, Employee rnay, at his option, be deemed "terminated" at the date of such reduction in pay ar Employer's refusal to comply within the meaning of the context of the severance pay provision. 2 " S:40ur llacumc~tslCaot~acts10745`n~der ~up~aymca~ Agrcancnt-rcnc~val.doc ~' ~. fn the event E~nplayee voluntarily resigns his position with Employer before expiration of the aforesaid term of his e.ployn~er~t, then Employee shall give Employer ~o days notice ~~ advance, unless the parties atherwrse agree, ECTIDN 5. SALARY A, Employer agrees to pay Employee far his services rendered pursuant hereto an annual base salary of 1 ~~,~01.28 with a ~°I~ increase effective April ~ 1, 2aa7, payable in installments a~t the same tirrie as other employees of the Employer are paid. All provisions of the City Charter, City Code, and Rules and Regulations of the City adapted by the City Council relating to vaca~tian and sick leave, retirement and pension system contribution, holidays, and other fringe benefits and working conditions as they now exist or hereafter maybe amended, shall apply to Employee as they would to other employees of the City, vwhich benefits include health insurance, long-term disability ~nsuxance, retirement under the Texas 1Vlunicipal Retirernei~t system, and other benefits as provided to other Council appointees of the City. B, In addition, Employer agrees to increase said base salary andlar other benefits of Employee in such amounts and to such extent as the Council nay determine within the approved budget that it is desirable to da sa an the basis of an annual performance review of said Employee made at the same tirrle as sina~ilar consideration is given other Council . appointees. ECTI~N ~. PERF~RAI~CE EvAL~JATI~N A. The Council shall review and evaluate the performance of the Employee at least once annually dung the time set aside each year far the performance review of other Council appointees. a1d review and evaluation shall be 1n accordance with specific cr~terla developed j ointly by Employee and Employer, Said criteria nay be added to ar deleted front as the Council and Employee shall agree. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City of Denton Legal Department, and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. C. In effecting the provision of this section, the Council and the Employee mutually agree to abide by the provision of applicable haw. SECTION 7. I~~UR ~~ wOR. It is recognised by both Employer and Employee that the duties of City Attorney rewire a great deal of time outside of normal office hours. It is also recognised by the parties that Employee is required to devote the amount of time and energy necessary to carry out thane duties with the highest arr~ount of professionalism passible.. That being the case, the parties recognise that Employee may choose to take personal tune off during business hours when it is appropriate and when his duties allow. Although this personal, time off is not considered vacation, neither is ~t to be considered as can~pensatary time for time spent by Employee in carrying out his duties 3 5:10ur DocomentslCaauactsl0?1S~y~cr Employment Ag~ement-renewal.dac ~. outside of normal office hours, a.s the parties agree that the Employee must devote the amount of time necessary to fulfill those duties. The Council will consider the Employee's use of personal time off during the performance evaluation, SECTION , ~UTIDE ACTIVITIES Erriployee is entitled to devote whatever amount of tune he feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing ar other non-employer connected business outside of normal business hours of the Employer, provided that this does not conflict or interfere with his duties as City Attorney, and provided that Employee first notifies the Council Appointee Performance Review Committee that he intends to engage in such activity, ~ncluding the amount of t~rrie he intends to devote to this actlv~ty and his er~gagerr~ent ~n the activity is approved by tl~e Chair of the Committee. SECTf~N 9. AUT~M~BILE The Employee is required to be on call far 24 hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to doe Err~ployee a car allowance of $5~ per month for providing such vehicle. The Employee shall be responsible for the purchase, maintenance, insurance, taxes, etc. far said ve~icle~ The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to relrrrburse Employee for mileage far out-of~county travel associated with City business at the current IRS rate far mileage reimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. SECTION 10. RETIREMENT A. Employer agrees to execute all necessary agreements provided ~y the International CitylCounty Management Association -Retirement Corporation ~ICMA-RC} far Employee's part~c~patlon in said XCMA-RC retirement plans. Employer further agrees to contribute 4% of Employee's annual base salary to IMA-RC's 457 plan. All sums contributed to said plans shall be in addition to Employee's base salary. Employer also agrees to allow Employee to contribute whatever portion of his base salary he may deem appropriate to said plan, including "catch-up" provisions, B. Employer agrees to pay the percentage of the cast of Employee's participation in the T1ViRS retirement program, in accordance with Employer's current policy for other executive-level employees. C. If the Employee retires pursuant to a qualilted retirement plan, or is permanently disabled during the term of this Agreerrient, the Employee shall be compensated far sicl~ leave, vacation leave, holidays, and other benefits then accrued or credited to the Employee in accordance with Employer's current policies for corripensation for these benefits, and, at the Employee's option, shall be permitted to continue to participate in the City's health insurance plan an the same bars as other retirees from the City arc permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Employee. 4 ' 8:10uF' ~ocllrnCnI51C4otraCiS10'T1S~rydar Employment Agree~tie~d-'dl,dgC •~ ECTI[~N 11. DUES, MEIV~BER~IIP AND S~BCRIPTIN Employer agrees to budget and to pay far the professional dues, memberships and subscriptions of Employee necessary far his continuation of full participation in national, regional, Mate and local associations and orgat~izatiens necessary and desirable for his continued professional part1crpatlon, gravvth and advancement as City attorney, and for the good of the Employer in an~.ounts that are approved by the City Council in the annual budget for the City's I•~egal Department. ECTI~N l~, P~C~~EIDNAI~ DEVEL~PIVIENT Employer hereby agrees tc budget for and to pay the full travel, participation, and subsistence expenses of Employee far professional and official travel, meetings and occasions adequate to continue the professional development of Employee, and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International Municipal Lav~yers Association, the Texas City attorneys Association, and ether such national, regional, state and local groups and camn~.ittees thereof v~hich Employee series as a member in the amounts approved by the City Council in the annual budget far the City's Legal Department. SECTION 13. BDNDIN Employer shall bear the full cast of any fidelity or other bonds that may be required of the Employee under any lave or ordinance, ECTIDN 14, OTHER TERMS AND CONDITIONS ~~ ENf FLDYMENT a. The City Council, upon recan~endation of the Council Appointee Performance R.evieu~ Connittee and in consultation with the Employee, shall fix any such other terms and conditions of employment as it m.ay determine from tirrie to time, relating to the performance of Employee, provided such terms and conditions are not lncansistent v~th or in conflict nth the prav~sians of this agreement, the City Charter or any other lam, and are memorialized by a written amendment to this A.green~ent. B. All provisions of the City charter and Code, and reg~.latians and rules of the Employer relating to vacation and sic1~ leave, retirement and pension system contributions, holiday, and other fringe benefits and working conditions as they nova exist or hereafter may be amended, also sh.l apply to Employee as they ~rould to other employees of the Err~ployer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 15. ENEI~.AL PROVISIONS A. The text herein shall constitute the entire agreement betv~een the parties 5 ~ r S:IOuf`DocumcntslCanrsscts107LS~ryderEmplaymern Agreement-1er~ual.dgc ~, ,~ B. This agreement shall be binding upon and inure to the benefit of the heirs at lW and executors of Employee. . If any provision, or any portion, thereof, contained in this agreerrient is held unconstitutional,lnvalld, ar unenforceable, the remainder of this agreement, or portion thereof, shall be deemed several, sha11 not be affected and sha11 rernain in force and effect. D, The venue of any Litigation involving this Agreement shall be ~n a couxt of competent ~urlsdletlon Sltting 1n Denton bounty, Texas. SECTION 1 ~. APPROPRIATIONS The Ernplayer agrees that it Wi11 appropriate ,set aside and encumber funds of the pity in an arr~ount sufficient to fund and pay ail financial obligations of the City pursuant to this Agreement, including, but not limited to the severance pay, salary and benefits set forth and described herein., IN WITNESS WHEREOF, the Mayor as duly authorized by the city ouncii and on behalf of the Oity of Denton, has signed and executed this areement and the Employee has signed and executed this agreement, bath in duplicate, the day and year first above Written. ~T~ OF DENTON, TE~.A erry c ei11, Ma or ATTEST: Jennifer Walters, City ,secretary BY: APPR EdW~ ~Y: Edwin . Snyder, pity Attorney COED A TD EEOAL FORM: AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 SUBJECT - Z07-0015 (Nelson Orr Property) Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The tract of land is located on the east side of Country Club Road, approximately 475 feet south of Regency Court. The Planning and Zoning Commission recommends approval (3-1). A super majority vote is needed to approve the request due to property owner opposition. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX This zoning request was tabled from the November 6, 2007 City Council meeting. The subject site is currently developed with 10 single family homes on one tract of land. If the zoning change request is granted, the applicant intends to demolish the existing homes to develop the property. If the proposed NR-4 zoning district is approved, up to 44 single family homes may be built on this property. The Applicant held a neighborhood meeting on the evening of Thursday, September 6, 2007 at the Denia Recreation Center. Five people from the surrounding neighborhoods and from one of the homes on the subject site attended the meeting. The concerns voiced at the meeting included the density of the development, the proposed access from Country Club Road and how the floodplain would be developed. Public notification information is included in Exhibit 8. As of this writing, two responses in opposition to the rezoning request have been received from property owners within 200 feet of the subject site. These owners represent over 20% of the land area within two hundred feet of the subject site. Therefore a super majority vote is needed to approve the request. A total of six letters in opposition were received including the two property owners within 200 feet. All six responses are included in Exhibit 9 Letters of Opposition. (1PTT(1N~ 1. Approval as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (3 -1) F,XATRTTC 1. Staff Analysis 2. Letter of Intent 3. Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Flood Plain Map 8. Notification Information 9. Letters of Opposition 10. Site Photographs 11. Planning and Zoning Commission Meeting Minutes 12.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development Prepared by: Lori Shelton, AICP Planner II 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0015 DATE TO BE CONSIDERED: December 11, 2007 LOCATION: The subj ect property is located on the east side of Country Club Road, south of Regency Oaks, and east of Bent Creek Estates. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: John Nelson & William Orr 2901 Carmel St. Denton, TX 76051 REQUEST: Rezone approximately 11.21 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this zoning request (3 -1). COMPREHENSIVE Neighborhood Center PLAN DESIGNATION: SITE AND The property is located on the east side of Country Club Road. There SURROUNDINGS: are 10 residential structures on the westernmost part of the property. The remainder of the site is undeveloped. North: Neighborhood Residential 2 (NR-2); Undeveloped and further to the north is low density residential development (Regency Oaks Phase 1) South: Neighborhood Residential 2 (NR-2); Undeveloped and very low density residential East: Neighborhood Residential 4 (NR-4); Undeveloped West: Neighborhood Residential 3 (NR-3); Developed residential, Bent Creek Estates BACKGROUND Prior to the adoption of the 2002 zoning ordinance which zoned the INFORMATION: subject property NR-2, the property was zoned an Agricultural (A) zoning district. There are 10 existing houses on the subject site. All ten are under one ownership (the applicant) and are currently used as rental property. If the zoning change request is approved, the applicants intend to raze the existing houses to develop the site. ANALYSIS: 3 Comprehensive Plan The subject site is located within the "Neighborhood Centers" future Analysis: land use area. These areas may develop in conventional patterns or may be developed in a pattern of `neighborhood centers' . Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park or perhaps an elementary school. The proposed zoning district is consistent with the comprehensive plan. Development The requested zoning district, Neighborhood Residential 4 (NR-4), Code/Zoning Analysis primarily allows single family detached land use. Duplex development is allowed in a NR-4 zoning district with the following limitation: In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. A complete list of all permitted uses in the current zoning district, Neighborhood Residential 2 (NR-2) and the proposed Neighborhood Residential 4 (NR-4) zoning district is shown below in Table 1. Table 1. Comparison of permitted uses between NR-2 and NR-4 Zoning Districts. Agriculture , P ~ ~~~ ~~ P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units SUP L(1) SUP L(1) Attached Single Family Dwellings N SUP Dwellings Above Businesses N N Live/Work Units N N Duplexes N L(3) Community Homes for the Disabled P P Group Homes N N Multi-Family Dwellings N N Manufactured Housing Developments SUP N ~ ~ ~ .,~ Home Occupation P P 4 Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N N Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices N N Quick Vehicle Servicing N N Vehicular Repair N N Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities SUP N Outdoor Recreation P P Indoor Recreation N N Maj or Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting or Production Studio N N Sexually Oriented Businesses N N Temporary Uses L(38) L(38) ~ ~ .,~ Printing/Publishing N N Bakeries N N Manufacture ofNon-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Wholesale Storage and Distribution N N Self service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels L(37) N Veterinary Clinics L(14) N Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) SUP L(27) ~ ~ .,~ Basic Utilities L(25) L(25) Community Service N N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP SUP Business/Trade School N N Adult or Child Day Care SUP SUP Kindergarten, Elementary School SUP SUP Middle School N N High School N N Colleges N N Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N Minimum lot width 80 feet 40 feet Minimum lot depth 100 feet 80 feet Minimum front yard setback 20 feet 20 feet L(2) Minimum side yard for non attached buildings 10 feet 5 feet Maximum density, dwelling units per acre 2 4 Maximum lot coverage 30% 60% Minimum landscaped area 70% 40% Maximum building height 40 feet 40 feet Minimum yard when abutting asingle-family use 10 feet 10 feet or district plus 1 foot plus 1 foot for each for each foot of foot of building building height height above 20 above 20 feet feet Table Legend: P -Permitted N -Not permitted SUP -Specific Use Permit L(1) =Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2• The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(2) =For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units maybe attached by a common wall if the lots which contain the attached 6 structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(14) =Uses are limited to no more than 10,000 square feet of gross floor area. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L (38) =Must meet the requirements of Section 35.12.9. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: The Development Review Engineer will require a FEMA flood study to determine the base flood elevation. During the platting process an evaluation of the downstream drainage situation and the culvert crossings on Sanders will be required. It appears the culverts on Sanders do not have adequate capacity and improvements may be require . Water extension along the frontage of this property is required at the time of platting. Additionally, there is a significant amount of undeveloped floodplain on the easternmost portion of the property. (See Exhibit 7). Subchapter 3 5.17.7. Undeveloped Floodplain Development Standards of the Denton Development Code will apply to the floodplain on the site. This section prohibits any new structures or additions in an area mapped as undeveloped floodplain. No other issues pertinent to the requested zoning change were identified. FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan, and The requested zoning change confoNms to the NeighboNhood Center Future Land Use designation of the Denton Plan. 2. The proposed rezoning facilitates the adequate provision of 7 transportation, water, sewers, schools, parks, other public requirements and public convenience. Facilities are generally adequate for transportation, water, sewers, and other public requirements for this development. 8 EXHIBIT 2 LETTER OF INTENT Jwne 4, 2~T Mr. 8~ian Lackley, J11~P Direct of Pl~nirg and Develap~r # ~~r of D~e~fia~ 221 N Elm De~,17~ 7B2D1 lire: ~a -4ppNca~la~ fay 11.21 acna~ any Iocafied ati the east aide of Gounby Club Ind south of F cy Qa~CS aid acmes fi~am Bartit G~eak Es~afias in the Cllr of Dente, Taaca~s. ~~, , Mr. Jbfm hlel and Mr. Wl~n ~~ {p~aper~r orw~e~s} are p~apo~ln~ to re¢o~~e the ~ t R~aRe~hr (F~ch~it 1] from Mei~hbartMaod Residential 2 (NR-2~ ~a Mei~FMbartMaod I idan~lal 4 {F1 R~~. Thy p~apo~ed hIR~ ~a~ir~ is oa~eisfien# with the a~aaant ~a~in8 to the e~s# ~E~d~bit 1y and is a~ually leis da~~e than it~e BeM G~ek Estsfie~ 5'~ibdivie~~ to the west. Alttrau~FM Ba~# ~aek Es~a~s is grad NR~, an analysis of the 1~ad iir~al pleats reveals chat tt~e ach~al dane~r of Bent Creek E~tafia~ is aver 4.T units peg sere {349 bts on T~.B~T acres] ~ ~ ; Emit 2 {6dstlr~ Ufi t Mapj idenfi~ie~ a 12' wad mein in Gaunby ~kib Rd (new Re~er~c~ ar~d an S' sandy sewer in Cour~firy Club ala~~ 1h~ fia~ a of its p~ap~~r. AltfrauptM no d~ta~ad a ee~ir~ gene F~nre hae~r d~velapad fay the side, it is antia~atad lhst 1~ra~e viae~ wi be adaqu~fie fio eve the d~velapme~~t. A~ddi~lor-a~y, an S' ~ Nne, awrtiad by o~~eoc nos akrwst p~aAel fio its east p~ape~~ Ile e, offset ~RR~~ ~5' ~o the w~s# of the prope~~r line (ine~de our p~+ape~ 11oae~s ~o the prope~~r v~rauld be from Counby Club Ind. P~ia~ ~o develapr~ent, d~~a~ad a~inae~i~rti8 sfiudle~ indudir~ a TIA ~iF re~quined~ wiA be sub~r~lttad to 11~e ci~r i~ review and approval in ae~ac#a~lan with ga#li~. Mi~r~irr~al impact ~a p~~bMc ~chaals is a~lalpa~a~d. 9 E~q Captions: 1~ h~on~s asr~nil~r e~nst an the Pr~per~Y- The+~e ho~rres were 6~it flan 1956 ~ 1977 with 11oor areas from s_f_ fia 1,4~ s_f. The p~eriy is not plalbed ad 1Fre current play ~ ~ dertbf~ Iho~e Itio~ises Kati re~rirq of fie properly arrd anoe a fits plan ~ ~'+~ ~ ~ P~~Y- ~Pp~~ ~-~ au~s of the p~iy an the Est ~id~ is lo~~d on fie 1~ year flamed pain and is clarified F 4 (F~~it 3]- In addition fia fie wave r~er~naed e~biLg identified ah~re, a legal desuiption of fie P~P~Y ~ 4] ~ alsa e~~:losed_ ~ look fo~v~rd ~ warl~g,xi, yam, an th~ 9 P~ie~t and iF ya, nave ar~y ~ o~ reed any additional irdormahon, please da not hesil~ ~ cnr~l~a~dt me_ + T a ~. ~•~- .. • { ti . .} .~ f • ~ r.~ ~ ~• ~ ' r r • K '~ ~ 2 • • V ~T ti V ~ • •. W ti ti.. ,l~1~ ~ i~rn ~r 10 EXHIBIT 3 LOCATION MAP 11 EXHIBIT 4 EXISTING ZONING MAP 12 EXHIBIT 5 PROPOSED ZONING MAP 13 EXHIBIT 6 FUTURE LAND USE MAP 14 EXHIBIT 7 FLOOD PLAIN MAP 15 EXHIBIT 8 NOTIFICATION INFORMATION Public Notification Date: September 2, 2007 200' Legal Notices* sent via Certified Mail: 37 Number of responses to 200' Legal Notice: ^ In Opposition: 2 ^ In Favor: 0 ^ Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Sheet, Denton, TX 16 EXHIBIT 9 LETTERS IN OPPOSITION ~~ ~~ T#~~ P`~nr ~~rrd ~~nin~ nrrii~or~ ~ fifty ~ ~v~n11 ~~ ~ ~ ~n dnl are r~m~~l~ ~~~~~- ~ ~ ~ ~ ~$ Ir~~ ~ ~ ~ ~hd Frr~isl ~~ ~NI~ ~~ ~ ~islri~k ~ ~ ~~~~ ~Ii~l-~ ~~ ~i 11~ ~f ~d ~ Intl ~n'#~ ' Maur ~ ~h ~ ~f ~I r~~ide ar~i ~t of ~ ~~ ~ pry ~~ real. T ~ ~a-~r~ v~l # ~ ~: .~.m. Irr #h~ ~ ~ a nraa~ tr~t~ n Tom, ~~ra ~ ft~ Mall ~ ~~ ~. ~~~~~ ~~' ~ ~~ ~~~r ~mm prime ~~~~ da~~ ~f tl~ ~li~ I~ ~~~~ ~ ~ ~ rn~al ~t~ th~ ar~$ ~~r~rnp ~#~ff~p~ra~n: ~' f~~ ~ Th~~ ~~ ~ ~~d. ~ ~~~ ~~ ~~~ ~f ~~r~ ~~ ~~ aid ~ #~~ r~ ~h~ n~a~ ~ $d art of ~ rasp ~ ~r# ~n~ i~ ~li~n. ~ ~ ~n~: ~r ~Rp~~~~n: • ~ ~} L~ r ~ t{ ~ ~~ ,~ . ~ ~~ ~ ~~ ~, ~' r ~ ~ ~ ~ ~ ~ ., ~ ~. ~ ~~ ~~~~~ ~ Rr~l~bed ~~~~~ ~ ~ ~ IIn~ drama: ~ ~ ~ ~ .. ~ ~~~ ~ ~ ~ .. . ~hi~ I A~~ ~ I'r~p~rt~ wi~ta~ ~ fit: ~ar~ ~. ~, ,- 17 4 r J ,~ , 11 •~ •. 1 1~ ~1 - L ~ y~ 5}+ Y. r •1 1. ' ~ti 1 ~ - 1 ~~ 18 ~' abject Site 6e~~°'°'ar~ ~ Bfhr3~0~ef ~ ~ - - , 3- £a~aa~ ~ES,~OD~- ~~ ee~1p ~ . 19 NOTICE ~ OF PU~C HF~IRING m,~,s 1 ~~ ~~ ~ ~ ~ #h~ ~ ill hid ~ p~~f~ I ~~~~ rn[~ ~~ ~ r ~ ~ r~ ~ ~f~ rr~i~'~ ~~ irk ~ ~,~ #~ ~ ~ ~ ~d ~t ~# art . ~.11~ ~r~ ~~ ~~ - _ ;~q~~ ~ ~ . PIS ~ ~ ~uf ~iv~ ~ ~ ~~ rid, ~#~i~ # ~lh fur ~ prl~ ~ ~ Iii, ~ ~ ~ . , P~~~ ~t~d~d~ ~I. ~ .. ~i ~~ ~ ~er~r ~~ .~ ,. T ~ ~ w ~ ~I ~ ~# ~p# ink ~~ #~ r ~ s ^ ^ ^ ^ ~ ~ ~ i ~~ ~ ~ ~ ~ ^~ ~ 1` ~ ~ ~ rat ~ - ~~ ~ ~ • ti ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ ^ r . . ~ ~ ~ - ~~~ ~ ~~ w~ .- ~ #~# ~~~ T~ -ram- ~ gird ~Tlr~ar 8~~~ _ - ~ ~~ • i ~ . ~~ ~ y ~ ~~~ r~ ~~ ~ ~ ~ ~~ ti ~~' a+ ' ~1 20 NOTICE OF PUBLIC HEARTN6 zo~-0o,s ~h~ P1~f~ ~d ~artin~ r~i~ia~ ~ #~ ~f ~ ~ ~Id ~ p~+ll~ I~r1r~ ~ ~~d~, rnher ~, ~, ~ ~~ rn~~ ~ ~ ~ ~ ink ~~ ~ ~ ~~~. Thy ~~ ~ yip ~`t ~t ~~ ~~ ire r ~~il ~m~er~ ~ I-I~I l~~d ~ ~1 ~ E. inr fin, T ~~~~~~ #~ irk ~~ ~~ ~, ~ ~t ~ ~ 1~~~~ ~. ~~~~~~ ~ PIS ~~~ ~nf~ ~~ ~~ ~ 4 ~ ~ i~r 1' 1 i+ ~ ~ ~ ~~~~ ~~: ~er~ ~ - F Real ~ddne~ ~ Pry within ~ ~u ti F 21 NOTICE OF PUBESC HEARING zo~-0o,3 X9111 I ~~~l~~1 ~ # ~ fl~l1 d ~l ~~ ~~ ~~~,. ~~~ fi ~~ ~ ~ ~~r~ r t~ 1'I' per ~ ~ ~ ~. ~ ~ w ~~ ~~I ~~ . ~~ T ~ ~ ~ ~ 1~r ~d ~ I ~ ~~ ~n~ ~ 11~ r~qu~rt. ~'I~ m~ ~ ~d ~ ~ ~ ~ ~ app ~~ r ._. ~~ ~ ~i ~~~ ~ ~ - Pfd 19C ^ ~• T~~ 1~um ICI ~ ~ ~p ~,~~ 22 NOTICE OF PU84IC I~ARIN6 m7-0Oi5 Id ~ nil. . ~~ ^^~' ,~k~ ~urp~tt~ ~ Ind. ~~~ ~ ~ ~ ~~ ~~ ~ F ~a~~~ 1 ~ 1~~#~ ~e~~~~~ ~#~ ~qu~, ~~ nl ~ ~rm$d ~ ~~# ~ ~ ~ ~1 ~~ err QPR~. !'Iris olyda In #~ar a[~quast HMI tia requ.~t oppas^e~ ~sq~edt ~^^or~s i~ar tl~p~o^Itlae: ~ ~ ~ ~~ { ~~~ ~~ ~ ~ ~ ~ ~ ~ ~ 23 NOTICE OF PUBLIC H~ARIN6 ti ~~ t ~~ ~a ~~ ~~ 8 F ~ ~ II~~ the ~~ ~ ~ ~~~ 1 ~ .~1 ~cra ~~ ~ ~m ~ fi ,~ ~NI~ ~~i~ ~i~4ci~# ~ ~ NIA 4~Id~r~l~ ~hlf~ ~in~ ~ ~ #~ ~ I ~ ~~ ~ th~ ~~~ ~~ ~ d~lop~ a~ tel. ~n~r , Tom. ~~ ~ ~~ ~ Inc ~#~ bum ~r r~ its ee~ ~ ~ ~ . ~~ ~ ~ ~;~~~ ~~ . ~~~~ . ~t ~~~~ pe~~~~~ i~F ~, ~~~requ~ Irk ~ i f~ ~Irr; ~ ~ ~ ~ ~~ I~u~: f ~ ~ ~' ~. ~ +~~ ~ ~ ~ ~ ~~ r ~ ~~ ~~ ~~ ~I ~+drd~ ~ t~ w~ir~ f :~~ ~~ ~ . , ~+ ti- 24 EXHIBIT 10 SITE PHOTOGRAHS 25 26 EXHIBIT 11 Planning and Zoning Commission Meeting Minutes enr.It~" ~~~~~~m ~ ~~~~~~~~ ~ ~~~11,~1~ ~ ~~~~i~~t ~ ~landdx~tl~l~ ~ a~~~~~ ~ ~. ~ ~~~~ ~ ~ ~ jury ~ ~ ~ mbar dt~ ~ ~ I~mia t3cm , Fi+~ . $ ~ ~ y~ ~ ~ ~ ~a ~ ]~aa~n med. i ~ ~ t~ ~ ~ ~ ~' id¢~~H~ ~'aA1'~ • ~ ~~~~~ ~~ ~d~Gd~ ~~ I~v~ ~ ~ ~ ~ ~m ~ I~ , ~ c~c~ ~~d Ott ~ 11 t~~., ~are~~i1~~ ~~ L1 dc~~~~~~1~rt~ 1~ ~'~~}'. 'i'~~I~ I~ m~d~~~p~p~~aw~~dpl,~ ~~ dad ~ ~amea ttMd ne,~ ~ r~l pa~pat~r and a~ 1 ~ b~ ~vd +bi~d ~ ~ ~ sits pig ~4 au~~~~•S~~G~Q~~ ~ ~ ~ i~ .~~-~~°~~~~~~~lG 1~ ~p# pa;~~ ~Il ~ 1 l~ ~"etiq~ ~ ~ '~'~ ~ av~] f~ 1~ T~ ~u~ ~ ~ ' ~ i ~ • n~ ~ p~ld~d io ~ ~,~, ~d 1 ~ I ~ ~ ~ ~ ~~ 1hp Gaon Lk~tbp~nt 1$ strict R~IC,~ ~] a ~ ~ ~ 1~ T~ ~# ~ i~c pr I~ ~ ~ ~a ~~~ ~ ~ ~ mad t~ 1~ ~ ~ lend ~ ~amm~ ~f ~ t.3aci~m P]an, Tb~ ~ ~ f~mr ~ mrh~ ~ acre T~ ~ ~ ~ ~ #~ ~ ~1 t~t>~~d~~~~d ~] ~~rn~~. ~d~d~~~ N~,~1~.~~~pQa~ ~4 ~~+ T~fa~~ ~ 1~ ~t ~ ~ ~ miir,~ ~ ~ ~r>xn ~ eQ ~~e ~r ~ ~ ~, ~ i~ ~1~~~lt~~ 1 ~~1 Aam~isf~ . ~ ~ ~ ~.~, ~~ e~ It wage ~~ 1~1 ~ ~ ~ ~ ~ [~'k Rcui~ itlae ~ ~ T~i epp}r~ ~ r~q~~ t~ ~p ~ ~ .. I'~ ~ ~a not , ~. ~e ~~ , ~ m~tm ~t~ ~ ~ ~ is t~ qu~ii ~ uro'~ ~ ~ ~ ~~ dwd.~ ' ~ ~~~ ~ w~ 1 ~ ~4 k~, dad ~i~ ~ l~~ uea m~. T~ F q~os~~'~ ~ alb g ~~~~~~~t~~ ~ ~~>i~; uld~i~ ~ ~'°~~~erF~[.a~dC1~a. T~ ~ ~~ ~i~m~~ . 1~ ~ wept ~ ~ l~ a~a ~~ 1~ # ~J]1 tl~ u,a]1~ ~cl ~ ~ ~- '~ ~ ll +~Ip~t>~atiu~~tbe 11 ~#~}~~e~ p~k~ l~ ~. ~ t~ ~1~. Tlaa d ~l~,in ~ t~ ~' ~ l~ ~ ~ ~t~ ~ fir ~s ~ t~ ~1 14 ~irl~ ~n~ ~a~p~r ~~.1~.~ ~ t~ ~~ 1~ P-a~ I ~ i~~ I lm~+ t'h~ ~ - 1~ 11p~r~pud f plain, ]fur' ~ ~~~ ~~,~~ ' ~~ ~ ~ ~ 't l~v~ ~ ~. 1 ~ h ~r~ ivy l~ 1~a~~~r~l~~ ~$ . f a~ wing ~ i e~+ 1 ~ ~~ y~ ~ ~ ~ ~ ~ fay ~ i~ ~ Iii ' a~ ~~ d~a~i~ t~ ~ ~ ~w~~ ~ ~'~` 1~ r~all~ ~rp~jr~ ~~ a pit` R~~ ~ ~~~~~af~p~ia~~~~c~ ~ L3i'~ A.i~, b1 ~ict~ ~n ~a~+. ~,~ ~ ~; ~r ~ ~ ~ ~~ ~ 1~ ~ is ~ ~ #ha ~ alga ~n~l the xa-~ ~ ir~i~~ ~ ~ t~~~~~r~r~ ~~ t~~tIadt~ttf~~~P~I~~t ~~ ~' ~ paape~tp ~~ h ~ #~, I b~e1 C 27 ~0l~~ ] .. ~~ p ~~ ~~~°~~I~ n~riq~~~ 1 ~,~~ ~~~ ~~ ~ ~i~w~~~o~~P~a11 ~ ]. ~a I~m&~~-I~~~~~ ~ ~u~~uth~~d~t~~~', ~ ~~;~- e~t~~~~~~mx~- - ~ l 1'~ -d~~~~1~~iay~~F ~ ~m~ ~ mr~r ~ ass ~ ~ ~ ~. ~ ~ $ T~ ~P i~ ~ Laa~r. ~ ~ ~ ~ ~ h~u~ m~ ~ ~ ~' ~ ~ ~ ~ ~~ that ~ #~~ ~ ee ]+~a ~a ~ ~ ] 1 v~ , T~ ~ ~ ~ Laari'~,~ ~ 11 a~ ~ ~ ~. 1~ ~~ tom. ~ 1 ~ ~ eat - 1~ ~v~el~p~d t~ iota ~ t~ ~~ 1~ ~~~~ ~I~~ift t~ ~~t~lll~d~,~~ 1# ~~~ta~~~ . 1~ ~~}~~~~~leeak 1~ ~ 1~ ~f~~~~ ~a~ dad l~ T~~~~t~I~,n't ~~ ~n~t~~~ ~~ ~~r.I'~~+-i 1~ fi~~~2 ~ ~ C@lr ~~'l~k ~ ~~~ ~li~•~~ 7,~. Fi7~1~~iWYOi~11~~~~1~~8~.' ~1 ~~~~~~~~~~t'a r ~] 'T~'~~~q,c.~wagutf ~ ~~~ , . ~ ~ P ~~ r ~~+5r+~lhii ~ ~ ~ ~ ~ ~ 1LL~ L! .~ . . ' ~ ~ ~ ~ .. ~a~t'i~aI#~Ic~il1~ ~ t~~~i ~ ~#]~>~t~ ~ i. T~~ Ids I ~~~act ~ ~ i~° i~~ ~ ~ a ~# ~t've k ~ ~~~~~ ~ t~i~~tt~d~h~t~ ~ 1#~11~~~1.t~7[]6~if~ ~ g ~ I ~~ ~~ ~ ~d ~hsk r~ ~ bbea i~ ~a~ll~r ~ILF ~ll~ , ~ 1 ~ ~16~~ ~~~Y~l~~ 1~ J'd~~Q~~~~~a~~ 1~ ~~h~l~~r~~t~' ] l ~+I~ $pp{1i~~. ] 1 ~ ~El~ ~t~ ~ ~ ~~'~' ~ t~ rte 1~ ~iIl far J~ ~~ tl~ , ~~ ~~ I t~€ is ~t ~ s~-opri~,~ fir die ~~ ~'~~t`~~, 'I'l~+r~i~t~ 1~ ~~~-~th~m~~t~p~l~~n 1# ~ ~ ~ i~p~t ~ t~~ You r~ 1~ h~u~ 1~ t~ edr~ in 1hi~ a~ ~ Y~0~1~ a~€ ~-•-- 1~ ~ 4~IE3~r ~ a ~4'i IQ~r ~~~ t~ ~! ~ 1U.1~ 2~ ~''T~,*~4 i4 ~1W ~~~ ~~ ~F~ 1~ ~~'~~ ~~mdi~~Ithin~ ~ ~~ it's ~aad~-~~~~ ~tL~kth~~t~ , . ~ l ~ a 1~ #]~ ~ tbcm #~ ~i 1'~ ~ancd it ~~~ I ~'t ~ ~ ~ ~~ that l~ ~ ~ ~~ t~t~~~tt~~ ' a~t~ ~f ~ ~~I '~w~tfiart~t~. ~tt~~~a~ t~ ~ ~~~ , T~ i~ $ ~ ter: I ~n ~~r ~~ k ~ $p~1c ~~ this amt t~i~ t~m~ ~~ ll~ the wild ~ ~ ~~ ~ '~ . ~ ~ , ~~ r ~ ~1 ~~ ~~ me. ~ ~ t~ Hugh t~ cue I 28 Cande~e~eIt'D` ~~ ~ ~~ 1 C$~~ee~~~dt~~~e~ i team-~rt~~~]~,c~~~~ ~ 1~, ~ tl~et is ~ t~ baa that ~ I"~ nit ~ ~~+thi a`~k ~ ~,1i tt~a1 ~ ~ ~~: ] ~u v~ ~h. 3 ~ ~s E ~ ~ t~ r 1 ~ ~ ~ ~anntr~ $ ~' ~~ ~ I~ E~ffi{~Ie4~~ ~ ~ ~ ~ $~ € ~.~ ~t$ ~ ~ t~q~t ~ ~ ~ 1~~~ ~ m~ ~ i~ ~ # yes ~R-~ ~ ~ ~ q. i ~ ~~ 1~ ~ ~ ~ ~ ~t~ ~~ ~ 1~~~. I I~D7g1ri ~~ ~ alt ~ 11. "~,d~#~~~tu]~1~ 1~ t~ ~ ~~ #"e why it ~ ~~ a~n 1~ lea tau c 1a ~ ~~ ~ ~ ~~ ~ # +, ~~ '~ p,~, l~ lsae ~~ 1~ C~1 I~u~ ~ ~ ~t ~ ~ ~lu~ Ind ~ ~~ ~'snq~~ i~~t~au, ~d F~ th~~ar~ ~ ~~~~ i~ 1~ "~ ~~r ~, B~ f~~ ~r ~ 1 ~ reell~ ~ ~ t l~tl,~ ~1 1~ ~~ ~ h~4o~ p1 t~ ~~ 1 ~ ~ ~~ 1~ ~~m ~14~~1~$~~1~ ]8 ~#~m~ ed~r~ ~~~~ ~] ~~th#~ t~~~~~ ~1 ]~~'~ I'Il try. ~~#1a~red ~ ~~ ~ ~ ~r ~dk u~ ~ ~~t ~~ ba d~ld ~~ art -- '~ ~9 ~~~wit~t}~p~t1~~ ~~ ~-~'~a~~~d~~rt~ ~~ p ~ ~ gat ~rF ~ ~~~ ~ ~ ~ '~ ill ~ ~t gad v~ ~ "t l~ i1, I ~ ~ 'a ~'~ ~ ~ ~ ~d p~m. If , ~ ~ha ie I~ ~ i~ ~~ ~ li ~ pit ~ ~ ~ ~ ~ia~ a~ ~~n " ~ f1SQ ~8~,1~rt t1~ ~ ~ ~ ~ ~ ~ ~ ~~ r`i~roia~ ~ ~ a1 fly p~ai~, ~ j~k m~~ ~~ ~ ~ ~ ~a ~~ ~ ad~a ~' ~k ~ m 1a ~ ~ ~ ~ ~ ~ is~~~t~ ~ eI~ ~l~d~ ~ '~'~a~Hd~~~fe~ ~ ~ Tl~d~1~s~ ~ t1~ ~~ ~~ ~ p~ ~ ~it~ ~tl°Pate~ ~ l~pbd u I~ r~~ ~. ~n~ t~rP"~~" ~~ ~~T~+f~c ~ a~~ ~ ~ ~a ~ ~ ~, ~ a~ ~ 1 ~ ~ T~ , I1~ ~ #~ 1~ ~~e~t~~4em~~~~~ l~ ~~~~,#'s~ i ~ ~ ~ ~* X11¢ fie, 1# teal ~ ~ t~ '"s we'~t~ ~ ~~ , ]~~~"~~-~~~ 1~ v~i~isfpl~i~1t 1~ ~# i ~ +'a ~ 'a ~r~ial~ 1~ ~ ~~, i ht be e~~ ~ ~ 1~ per. A~1~~v~a~'~~ ~ ~'~ ita]it~~~ 1~ ft'B ~ ~ 1t"~ ~~ ~i~ ~ dad ply. i ~ [,~; } ~ ~ ~ll ~ nod plsi~ ~~ ~!~ ~ ~ ~ ~'['; ~ ~1 ~e ~ ~ ~a t~ ~ ~ ~~ ~ 1 i~rl~i~ t~ ~ ~~ ~~~~a~~~~~ ~~ R 7H~lA~: 'i'ce 1 -1 ~d 7~eir ~tst~ 1~ ~ ~~ ~~'~ ~ftL tl~if ~t I ~ ~ ~a ~~m~ ~ ~akil ~ ~t1ta~i~all field ~ tbs. ~~I~,~admt~b~'i~m~ ~ it"~-~f„~I~t 29 ~~ 1 ~ 1 ~~ ' i'+18~ ~ ~ { ~~ 1 ~s ~ ~k ~ O ~ ~ ~ ~i~ ~ ~ ~8 1~ $~ ~ ; W~ ~ , ~ ~a~~'~c~I'Ylm ~' f~a~f~I~q y~~ _~~ . ~ ~ 11~D~~ $ ~G~~~e~~~- ~ Z~~~~~~ alt. ' ~~ ~ ~ ~~a~ ~ ~~ ~ ~ ~ ~ 'I'mo ~ ~ - ~ is i. . ~~ r~ ~ apt ~ !~#-~, i 1 I~ ' ~ '~~~ ~'~,x~ ~~~rn~v.I IM+1~ X87: ~ ~p~ #~n 1~ ~~rle~~l~~i~e~t ' 1 i ~Aq ~ f ~ .. 1~ 4~ i~ ~ ~ t i~ ~al~tdi~~~~ i~ ~~~~ ~~ a~ ~~ ~; ~. i~~r~ ' ~~ifI~ 1~ ~~~tto$~~~t~ i ~ ~ei~at~~,~~~mi~~~ 1'~ IY~~~~~~~ l B ~~ ~ ~ ~, ~ ~I~ ~ ~ ~ ~~a Ita~ ~}4 and ~ ~ , ~ I~d~; T ~ l~ +~ ~ ~~ ~ ~ ~. ~ dtr$' ' ~~ ~~~.vs~ fir. Lam, ~~ ~ ~~n fir tl~ ~~ ~ ~ to L ~~ ~i i~, Y~ld[~~~~~~~~ ~ m~a m ~ ~ that it wig t~ ~on~~-~ ~~ p~~ it ~~ ~ aT ~ ~~ b~ ~~ w~ ~ ~ ~til] L'~ 1~~~t~l, ' ~ ~4~ID~~v~~~1~ ~ °~~-~-m~_m~m~ ~'~~p1~~'fwi~~~d~ ' ~ ~~ . ~ ~ i ~3~#~~~# J tl~f~~,]~~~md ~ ~ ~~ ~ ~tI r.t~ ~ ~ ~ if t'~ ~~ ~ ~ $ ~ . Id'~~~I~st ~ ~, ' ~ ~' '~ ~ - } ~'lI pry ~~ ~ ~ ~1ia m~ ~ ~ ~ ~ ~ ~f t ~' ~ mould ~ ~ ti~i~ ~ wut~ ~ $ ma ~ ~ t~~ r~ ~ u~ ~ ~t ~ p met ~ ~r~i~ t~ ~ ~ ~ ~ m~i~s •- ' $ ~'1~~~'~~,a1tt,. ~ ~ ~~'~ ~ ~uilt.~ut I~ 't ~a . ~ ~rmit f~ ~ ~ 1~ ~ ~ ~ s _ ~~ ~e,~ k~`~ift~k~$~ . Z ~ ~ I m ~ 1 bG pr~ti ~~ t~ ~ l~ t~ ~ pat~ati$] fir ~ ~ ~ 1~ ~ ~ wll f~ ~ ~ t~ ems, I~ a ~ ~ ~ ~ fl~dp~in gad I ~~ ~~ , ~~ ~~ ~~ ~~ ~u imiaa ~ry I i~~s , ~~ 1~ ~~ll~~}f~~~i ' ~~ ~ ~~~ i~ id s ~ ~ s~ui~~. ~'t~ F fir. r'~ i~ ~ . 1'~ ~~ 1$ 1'~ ~ ~Qlf~ 2 ~ ~~p,R ~~T~~; A~ ~y~; 1~ ~ 1~ ill ~aak Imo, I~ ~ ~ ~ ~ ~~ ~. ~~ 7 La ~~ ~~ . ~1 ~ ~~~ ~ ~f. ~~ril ~~ ~~~ '~,. ~ 1 ~ ~ ~.~., a ? ~ ~ ~; ~u~ I~'$ ~ Ism 4~ ~ hairs ~ ~ f~ s s~f ~Y ~ ~~~acil~ ~ ~; ~ , 30 ~~ ~~ ~ ~~~t~~~ith--t~eti~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ . ~ ~ ~ ~ ~~~ ~ ~ ~ 7,+~~: Ill ~ ~ ~ 11 ~ ~I 11 1~ ~D~NP~ ~~ ~~ ' ~ ~~ ~~ P ~1~. ~~ i~ l~ ~ 1# ~~ ~ 1~ 1~ ~ t~ , 1~ ~ 1,~ ~~ ~~~ ~~ 1~ ~~ ~~ ~1 , ~ ~ ~ . ~ .. ~~ ~# ~ ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~, ~ ~ . ~ ~ ~ ~ ~ ~ ~~ 1~ ii ~ ~~ i~ i~ 1~ ~ ~ I~ l~ 1~ ~~ 1~ 1~ 1~ ~~ 1'~ i~ ~ i~ 1~ 1~ ~~ ~~ ~l ~1 ~ ~ ~ ~~ ~4 31 EXHIBIT 12 ORDINANCE l~i~ ~ ~~ ~I'1~T i ~~ I~E~~TI I~~~iTE~ ~ ' f~ ~~ 11.1 ~'1a~1~i1~ti~i~ "~~' m ~ ~ ~ ~-~ ~d ~ ~m,~ ~ ~ ~a~~ ~~~a ~~ ~1 ~ ~ 1 ~ 1~ri~~ ~r~~1~~ ~ ~ ~~~~ ~ m mil ~i ~ ~ m i~ ~it~ p'l~ a~i~ ~iri~k~ t ~ ~~ ~~ 1 ~it~ t ~ ~ ~ ~~ ~ ~~ ~~1. ~rt~ fi~ r1 ill t ~tr~t ~~-~ ~ ~ ~~ I~ p~iai~ ~~~i~ ~t ~ ~ ~~ 1$ ~ ~~it~ ell ~t ~~ ~~ ~r 32 ~ ~ ~ ~ ~~, ~~~~ ~i~T; ~~r~ ~~~ AFFRO~? AS 'T~ ED~VIl~i NL C:TI'Y ATI~O 33 ~~~ ~~I~ rT ~~ ~~~~~~ ~ aT~t~ r t r~ ~'~ ~ ~r~~~.~ ~~~~ ~~1~ ~~ ~r~ ~~~ ~..~ ~ ~. ~, ~~~~~ ~ art ~~ ~'~ ~ ~~, i ~ ~ ~i ~~~~ 34 AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8351 SUBJECT 507-0002 (Fry Street Village) Hold a public hearing and consider the adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a drive through facility in conjunction with a pharmacy. The approximately 3.805 acre site is located within a Downtown Commercial General (DC-G) zoning district. The property is located between Oak Street and Hickory Street and between Fry Street and Welsh Street. The Planning and Zoning Commission recommends approval (5 -1). BACKGROUND Applicant: Winkelmann Assoc, Inc. Dallas, TX The proposed Fry Street Village will be a retail development located to the north of the University of North Texas. If adopted, the development will contain approximately 55,000 square feet of retail and restaurant uses. The property will be owned and operated by Fry Street Partners, Ltd. of Bellaire, Texas. The requested SUP would allow a drive through facility as part of a pharmacy located specifically at the northeast corner of Hickory Street and Fry Street as shown on the site plan (Exhibit 6). The Fry Street Village development was first brought to the Development Review Committee in March of 2006 as aPre-Application request. In January of 2007, the applicant submitted three Specific Use Permits for drive through facilities in a Downtown Commercial General (DC-G) zoning district and an Alternative Development Plan request to deviate from site design standards in Subchapters 13 and 14. The applicant has since revised the site plan and withdrawn two of the requests for drive through facilities. The Alternative Development Plan request to deviate from Subchapters 13 and 14 of the Denton Development Code was approved by the Planning and Zoning Commission (5-1) on November 28, 2007 subject to the condition that the Hickory Street elevations substantially conform with the Fry Street elevations. Three variances were brought before the Planning and Zoning Commission on August 8, 2007. A variance to deviate from the driveway spacing requirement on an arterial street was denied. A variance concerning right-of way dedication on an arterial street was approved and a variance concerning parking lot configuration was also approved. The Planning and Zoning Commission voted to deny a variance request for a driveway spacing requirements (5-1) on November 28, 2007. Page 1 Five buildings on the site were demolished in preparation for the redevelopment project. Currently, there are three structures remaining on the site that will be integrated into the Fry Street Village (See Exhibit 4). The Fry Street Small Area Plan was adopted in June of 1999. Small area plans are created to supplement the Comprehensive Plan with more detail necessary to guide everyday community development decisions. The Plan addresses the concerns and issues as well as strengths of the Fry Street Area (See Exhibit 2 for the revitalization goals of the Fry Street Small Area Plan). The Fry Street Small Area Plan resulted in the Fry Street Overlay District, Subchapter 3 5.7.5 of the Denton Development Code (See Exhibit 3). The proposed SUP was evaluated according to the requirements of the Fry Street Overlay District and the Fry Street Small Area Plan. The notification map is attached as Exhibit 9. Staff mailed 24 certified letters of notification of the public hearing and 136 courtesy notices to property owners and residents in the surrounding area. As of this writing, two responses from property owners within 200 feet of the subject site in support of the SUP request have been received and two responses in opposition. All public responses have been included in Exhibit 10. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 8, 2007, the Planning and Zoning Commission heard three variance requests for the Fry Street Village. A variance request to deviate from the driveway spacing requirement on an arterial street was denied. A variance concerning right-of way dedication on an arterial street was approved and a variance concerning parking lot configuration was also approved. On October 10, 2007, the Fry Street Village project was presented to the Planning and Zoning Commission the work session. On November 14, 2007 The Planning and Zoning Commission voted to recommend approval for a Specific Use Permit for a drive through facility in conjunction with a pharmacy within the Fry Street Village development. On November 28, 2007 the Planning and Zoning Commission approved an Alternative Development Plan for the Fry Street Area and denied a request for a variance from a driveway spacing requirement on Oak Street. (1PTT(1N~ 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Postpone consideration. 2 RECOMMENDATION The Planning and Zoning Commission recommends approval of the Specific Use Permit to allow a drive through facility in conjunction with a pharmacy (5-1). FXTTTRTTC 1. Staff Analysis 2. Fry Street Small Area Plan Revitalization Goals 3. Fry Street Overlay District 4. Location Map 5. Zoning Map 6. Site Plan 7. Applicant's Letter of Intent 8. Building Elevations 9. Notification Map 10. Public Notification Responses 1 1. Site Photograph 12. Planning and Zoning Commission Meeting Minutes 13.Ordinance Prepared by: Lori Shelton, AICP Planner II Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development 3 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE N0: 507-0002 DATE TO BE CONSIDERED: December 1 1, 2007 LOCATION: The property is located on the south side of Oak Street between Welsh and Fry Streets. APPLICANT Winkelmann Assoc, Inc. 6750 Hillcrest Plaza #100 Dallas, Texas 75230 Fry Street Partners, Ltd. OWNER: 4545 Bissonnet # 100 Bellaire, Texas 77014 RE VEST: Consider the adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a drive through facility in conjunction with a pharmacy. REC0IVIMENDA TION: ZONING DISTRICT: COHPREHENSI VE PLAN DESIGNATION: ,CTTF Q Nn SURROUNDINGS: The Planning and Zoning Commission recommends approval of the Specific Use Permit (5-1). Downtown Commercial General (DC-G) Downtown University Core The property is partially developed with three existing commercial structures. Five buildings were demolished on the site for the redevelopment project. North: Downtown Residential 2 (DR-2) and Neighborhood Residential 3 (NR-3) -Developed residential and institutional uses. South: Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) -Developed commercial and residential uses. West: Downtown Commercial General (DC-G) - Developed commercia . East: Downtown Commercial General (DC-G) -Developed commercial and residential. Page 1 BACKGROUND INFORMATION: The proposed Fry Street Village will be a retail development located to the north of the University of North Texas. If adopted, the proposed development will contain approximately 55,000 square feet of retail and restaurant uses located on approximately 3.805 acres. The property will be owned and operated by Fry Street Partners, Ltd. of Bellaire, Texas. The property is currently made up of several lots, some of which are platted and others unplatted. An application to replat the property into one lot has been submitted. Since the development will be located on one lot, the development requirements (parking, landscaping, lot coverage) will be calculated for the entire subj ect site. In the summer of 2007, the applicant demolished five existing buildings (or attached buildings) on the site to prepare for the Fry Street Village redevelopment. Three of the existing structures will be integrated into the proposed development. The building on the northwest corner of the site will remain (The Corkscrew). The buildings closest to Welsh Street will also be redeveloped. Three variances were brought before the Planning and Zoning Commission on August 8, 2007. A variance request to deviate from the driveway spacing requirement on an arterial street was denied. A variance concerning right-of way dedication on an arterial street was approved and a variance concerning parking lot configuration was also approved. The site plan associated with this SUP has been revised to reflect the variances and ADP that have been reviewed by Planning & Zoning Commission. FRYSTREET SMALL AREA PLAN: Small area plans are created to supplement a comprehensive plan with more detail necessary to guide everyday community development decisions. The Fry Street Small Area Plan was adopted in June of 1999. The Plan addresses the concerns and issues as well as strengths of the Fry Street Area (See Exhibit 2 for the revitalization goals of the Fry Street Small Area Plan). A complete copy of the Fry Street Small Area Plan was distributed to the Planning and Zoning Commission as part of the backup documentation for the October 10, 2007 Work Session. The revitalization goals of the Fry Street Small Area Plan addressed five areas of concern: Litter, Beautification and Solid Waste Collection; Parking/traffic; Social Concern and Safety; Property Maintenance; and Community Character. The parking/traffic goals specifically relate to the proposed SUP for a drive through facility. The specific goals for Parking/Traffic are: • Improve and increase parking resources to adequately service the present and future needs while preserving the area's integrity. • Balance the need for efficient traffic flow with pedestrian safety. ~ Create pedestrian-friendly streets. The Fry Street Small Area Plan addresses the need to improve and increase parking resources to adequately serve the present and future needs while preserving the area's integrity. The plan also addresses a goal to balance the need for efficient traffic flow with pedestrian safety and create pedestrian friendly street. While a drive through facility is not generally consistent with a pedestrian friendly area, the proposed configuration minimizes the interaction between pedestrians and the vehicular traffic generated from the drive through facility, as well City Council may require conditions to further mitigate any impacts the drive through facility creates for the neighborhood A NA I, Y,S'I,~': The proposed drive through facility as shown on the site plan is located adjacent to the rear of the building. The location of the drive through minimizes impediments to pedestrian access. The only pedestrians that will be affected by the drive through facility are those walking from the rear parking lot to the building. Engineering staff has reviewed the drive through calculations provided by the applicant at the October 10, 2007 Planning and Zoning Commission Work Session and has determined the proj ected drive through trips to be reasonable. The applicant is providing the required of 120 feet of stacking for the drive through facility. The Transportation Criteria Manual of the Denton Development Code states that drive through facilities that average between 1-10 vehicle trips require 120' of stacking distance (table IV-1-C-1). Further the Code notes that this information, the number of vehicle trips, is supplied by the applicant. Our Engineering staff as well the City's Engineering Consultant's have reviewed the information that was submitted and had no objections to the number of trips the applicant stated would be generated by this site. DEPAR TMENT AND A GENCY REVIEW: There are no pertinent outstanding issues pertaining to the SUP request. Engineering staff has verified the stacking shown in the site plan for the drive through facility meets the minimum requirements provided in the Transportation Criteria Manual of the Denton Development Code. FrNnIN~~~~ Section 35.6.4. of the Denton Development Code identifies the criteria for approval of a Specific Use Permit. A Specific Use Permit may be granted if the City Council finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. 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 drive through facility will not significantly diminish or impair property values within the immediate vicinity. The property values in the immediate vicinity are likely to increase due to the general improvements to the area resulting from the redevelopment project. These improvements include the reconstruction of adjacent sidewalks, professionally maintained grounds and additional retail opportunities to an underserved area. Additionally, the proposed Fry Street Village project addresses several of the goals identified in the Fry Street Small Area Plan. Improvements to litter abatement, consolidated solid waste collection, improved negative perception of safety in the Fry Street area, elimination of blighted and deteriorated conditions, public improvements, creation of a positive "entrance "and sense of arrival to the Fry Street area are all goals of the Fry Street Small Area Plan that will be met with the Fry Street Village development. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The proposed drive through facility will not impede the normal and orderly development and improvement of the surrounding vacant property. There is no vacant land in the immediate vicinity of the proposed project. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access, drainage and other necessary supporting facilities have been or will be provided. The proposed drive through facility will not significantly increase the traffic in the area. Since the Fry Street Village is a redevelopment project, adequate facilities are available. Specific improvements to drainage and utilities will be identified in the platting process. 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; Since the drive through facility will be located at the rear of the building, it will have a minimum effect on the pedestrian circulation in the Fry Street area. The proposed pharmacy with the drive through will provide access to basic necessities within walking distance for the immediate residential neighborhood and UNT students and employees. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; No offensive odor, fumes, dust, noise or vibration is expected after the construction of the project. RECOMMENDATI0IV: Based on the findings listed above, the Planning and Zoning Commission recommends approval of the Specific Use Permit (5-1). EXHBIT 2 Fry Street Small Area Plan Revitalization Goals " a EXHIBIT 3 Fry Street Overlay District 35.7.5.1 Fr_y Street District Established. There is hereby established a special zoning overlay district to be known as the Fry Street District. The Fry Street District is defined as that area approximately 12.42 acres in size which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest. The Fry Street district is also depicted on the Zoning Map. The zoning map of the City of Denton, Texas, adopted on the 14th day of January 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance 69-1, as amended, is hereby further amended to show the property herein described as the Fry Street District to be a special or small area district, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon. All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street District regulations as provided for in this article. 35.7.5.2 Purpose and Intent. The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial density. 35.7.5.3 Off street parkin. The provisions of Subchapter 14 shall apply to the Fry Street District, except as modified as follows: A. Remote parking. Remote off street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on which the building or use being served is located, provided that the required off street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served. B. Non-residential, including restaurant, retail, private club, on-premises sale of beer and/or wine: One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater. C. Multi-family residential. Multi-family residential development shall be required to provide parking according to the following schedule: 1. Efficiency units: One and one-fourth (1.25) space 2. Units with 1 bedroom: One and one-half (1.50) space 3. Units with 2 or more bedrooms: One space for each bedroom 4. Fraternities, sororities, boarding and lodging houses. One (1) space for each bedroom. 35.7.5.4 Area and height requirements. The provisions of Subchapter 5 shall apply to the Fry Street District, except as modified as follows: A. Minimum lot area. 1. Residential uses: Six thousand (6,000) square feet. 2. Non-residential uses: No minimum lot area. 3. Mixed uses, including residential: No minimum lot area. B. Minimum lot depth. 1. Residential uses: One hundred (100) feet. C. Minimum lot width. 1. Residential uses: Sixty (60) feet. EXHIBIT 4 Location Map EXHIBIT 5 Zoning Map ']NI '831tl17058tl i NNWf13NNIM 'LOOZ 1X918Aa07 etla B60G-O81 (ZGB) OfZS1 fYllf 'STIIYfi OfiOG-Ofi1 (ZGfi) OOl Z1Nf 'ZNkfi VZYId 1fZY~eIX OfL9 9a0A3ANf15 ^ SN33N19N3 11AI] 9NI1lfISNO] .apI `sa~s~aoss~ ~ `~~ uu~a~ja~ui~ 'AObddV NOISIA38 '0'0'w SLN3wM00 ALIO '0'0'W SLN3WM00 u10 'o'u'w ONIXaVd A9 43SIA3M '9'0'w ltllllMAfIS-3b •s'a•n Lno~n aalsdnna aasln3a 's'u'w s1N3NN00 ul9 •o•a•w s1N3MWOO ulo '0'0'W S30VdS d1~JI0Ndf1 l 0300Y 's'u'w NOISIn3a ONIXtlVd 0 O b ~ M ° QZQ Z9Z9-ZlL-£lL y (Ol)00'1oa84 ~ 'oN '}oa[o.§d 440LL SVX31 '3altlll39 53~~ V 50g ~ 6Mp•napo~pZB4 : a~ OOl 311f1S `13NNOSSIB S4S4 b 'all 'sa3NUavd 133a1s Aad ~~y~~I/1 133~1S ~2~~ .o.°.W ~ ~8 pax°auo ~ p ® p StlX31 `/,1Nf10~ NOLN30 'I'V'M ~ .fg ~e•~0 ~ No1N3a ~o u10 N'd~d 1N3Wd0~31134 31dN~~l~'d ~o'a'w ~ ~ paoEuaO ~ 966 'ON lOtlalSBtl 'A3Aaf1S INSItlHOfld '3 LO/5D/l0~ a'1e0 ,of =„l ~ oleos w w U) p O g U z •~vi z H O W Q a O J Z y U U ~Ua~ F 00 a r a yarn Q rzF a ~ ~~ I~~O01~OM 000000000 ~ L/1N O Z ~ WaU J d (~mnp0p0(`lOriOOOO NOOOM J U(~ Y ~ Om NUO J J Zd ~AN000tDM OOi00O0~bD OD Ib a a?~a JQ, ~J J W JN~NN~O~~NOJ I~oJ~NNNl~fO ~ ay a d r O a J rn0'0. r OZy K J w w3w33w3333333www3w ~~ ZJM~ =Q ~~3 ~ a JO tOnfDrt0 l~t0rfDrt0 I~t0 I~fDrOr U§~ ya fnU li lYW Z m Z M ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ a ~ H (!) W O Q F d a~ro~uoaoo~ro~uoaoo~aoa~a~a Q N6~°a0 OD 0!W(7) to O ~a NNNNiII ;`IN N~nNMNNNI°!)NNN r 01f1 f0 Q)dH rZ X ~ Zm ~OaOD00000~00~000~D OO~OOa000~0 Q (j 00~(,jMN Q w d J Z UI Z to VI Z t/1 N fn Z VI M N Z Z Z M Z Q p M In M A N la J -- W O_ 1 W WO 1 H d' L~ Z~NM~In tDnpp pIO~NM~Nt01~00 (n O I J J J J J J J J J J J J J J J J J J J ~ --X Q ~ 11 a 1 w ~ r I U W C7 (~ W W I Paz Y -- aa~Y°wo~r~n o ~ 11 ~ ~ZOa> ali 1~ u a-Ud0 1' in §~ 1 I n ~ ~ 'vl 1 I~ - I ~-H~d n 1 I z rnm~vA° ~ ; ~- 3 ' a,; I .. O Z I z I 'r J J J J Y O u ¢> 1 z Z H F F H K I ^ I m I ''~ l-- ^ 000006 z I 1 ¢> n °--w N NFFFFO. _ ~ _ o a ma l a N I~ ~a w > ~ ~ m ° ° °~ a Jdl „Z z r ~ > a ° ~ (J.VM-d0-1H91a ,S4) a > a " ~ •> ~ d r z I '1S H~l3M ~ 4d v~'x3 3 L1M ,b x3 ~ z ~ 1M ,b ' 3 N ~ N ~\ ~ ~ ~ (n ~/ I ~ X e x ~ ~Si 1y0 " v u W -- 8 N ~ --, .l'Ob. (~ I o °' ° ~ v 1 ID z ~ dA1 E oro 1~ I i Sfi'B ~ ,bZ 9S' ,6 I § 1 ~1' °N I. r- e 4 z 1 '~ n I JI I- i ti n v I I - I I ^ I N N \ 110 __--_~ I a ', ~~ , o I ~ O I z 11 ~ o ama Y ~ ow ~: ~~ lli ~ C0 m ~ - - ~ z v~ ~ ~, ~ a r` I 111 '1 I I ~~ ¢U ~ I ~ - z I lS, ~ o ~ min ~ II § I ~ o) L__ ,n r I N wmN W 1, co ~3 W I I °a ~~ i rn L~ I 1 • ~ ~~ 15' ~ I 11 ~ I ~ I 01 9 9Z ,fi lb I 1 z I f .S'Ol `.1- d -i L- I o I ~~ ll ~ rv4 __-__-__ ~ I n I o ~ ~ 01 . £0 ~S ~m Y¢ 9 1--~1 ~~° ~0~ LLL '~~ N ,C9 a ~j ~ azvy I § o Vr,V a - - 1 v 1 a I 1 I I ~ . ^ z 1 1 ~l ~ ti = 1 - - ,ldM ~o LHOIa os 1 ~~ I '1S ~34N 3 1 -~----- 11: ~ r__ I S'bZ I o 1 w ~ n n. \ _ , I N ° 1 .a st. o Z i I 11 ~ ~' ~a a 1 CO ~1VILN341S3b " ;~` lVI1N301S3b j I 11 N it L Z p ~ X3 aw X3 i li I 1 I• ~ O UI ~ -tn °'ZZ n b `,Z 91 -~ I ~ I a 1 a ~ W m~ O (D fbin ,9'bZ WN °~ ~ 4 ~ . 3 r-- O w~ II § ~ ~I U .~ O •. M Y Z~nWj u 1 ^ N p l O r 0 ~ w o• 1 r l ° ~ IF-- •~ W .Zbl 1 I ~ N I ~ ~a ••~ r O I• s ~ O ~'~ ~ , 1 m ~ ON W ~ ~ a ,fi m 0 Y Op lL 1 ~ w~ I e = ,lZ'Ofi ~G = ~ W I 1 11 zpl N f .~ Z N Yr ~, N /If r ~ I ~ ~ I ° __ Z n O - _ ~ 1 , a °`+ v a S II S '1WS3 SS30~tl N d S% _ ~ o ' (1 Q- ~ I '1 ~ 3NVl3al~ ,4Z a ~ - ~ N ~ 'LWS3 SS3lOV ° '1 ~ ~ 3Ntll3al3 ,4a , I o I I1' - I I w 1 i s l ~ 0 11 U ro 9 ° n - d' I 1 •' u -- = 1 ' ~ ^ ,1 - -- - -- ---- a ~ 1 ~ -tip r. ^` I I ,s, O w N I ~ ,6 ~ I S° ° °• I I O z J i J O .~ W F A I N o U° o t0 W lL v I Yew -- II ~m O 3N ~ ¢.d J N ~m } ~ w ;I o ~ ~I O~~ W >~ M e .d'pnj. II § r o s~ 'PI o ~ v N Y "' W ;' I z ° °~ ~ Q UO W 1 o W ~ 1 N LZl 8S'b£ 1,~ J = ~ I ° - - :~ o .zol } - " I of •S t I OS rsn ~I ~ i 'a a ~ AdM-3N0 ~ '9 ~1 W a Zl N I Z I } OS rsn, Q ~ o; a nro r 3 ~ d 9 ar,NM' -Naa ~X 8 O ~ Oc' 3 g ^~ ~ I :a0i ~~ a ,8l bZ ~a ~h ~ 301 , ~ ~ ~ ~~ b ~J iNl ~~ I I ~~ ~ q--r~l ~~ ~ Z J Z 11 SOII a u O ~ IJ o Na_-141°°ull-~I ~ I~-Jf `° NOIa 1. ~['.,.. Coal ° N XUp~ 1 0_Nli airK ~ ~ ~,Oe y w~ll x i ~...~p§i I o Q O ° ~ ~ ~P lll~~~~~~lll 1 ~....,. 11 o I N ~~ / ` ' ~'0~ ~ a 1 11 s p i ,sL I I I 1 o I / ~ ~W 9 - I , 9Lf i l~'bl °' ~~ v o z 11 '1 % ;~ ~a 1 1 § a do! ,~2 fC,0 rn ~ 11 IF o ONE-WAY i W ~ cw 71'1 1 `~ > ~ M O N I 11 I i ~: _ ¢ t In r m 11 1 ~ I ~ ~ o ^ ~ W ~' rn II ~I ~ n N 8 o A ~ w 1I§ '1 U N ~ ~ 11 11 Wr°j a C7 Z = I ~ II I fl 1'S ~L9'l ~ ~YZ ~~_ ,OZ OZ ,OS'b ~ llll m t7 ~~ ONIOllf18 "oa°m xm~ 11 I ~ p~P~ NOIaB X3 ~mmm w = I m , - _ - ~ ;° S 9°C l Z'bZ ,L9 BZl _ - - ~ ~ ; a ~ ~; ~ ~ -w z ~ I. I I I - ~ --- -- I I I I y`----~--- , ~ ~~~ ll - - - f - (soon) 'i•a'v ace`s -- ---~ -- R~~ - ., .,M.s,~fAt•u,-rp~urou n~o~l a l$p ' ._ , ,; - b • ~' ~ ~ R '1S ~~~ n I I un ui a z a ~ d~ a ~ a a a ~ ; a I a s uzi ~ w~ m - . . . . . . . . ¢ , m ~ ~ r m ci ~ m~ zz ~ ~ ^ ~ w w ,a P= ~ ^ °_ I~ o~ I 9-DO ~03NOZ z 1 - I w~ - F o zz o ? II li Q Q 11 0 0 1 m a~ 1 I oa o r o 1 i o I w ~__ ~ 1 1 I Z ^ ° 1 I za o <p I N I I I1 I1 N 1^ 0 N W z U F U w a W 2 O O 3 a N W 0 WJ W EXHIBIT 7 Applicant's Letter of Intent t~e-m xr~ne suw ~ Fry Street V~age January22,2607 ~E~e r~equ~f. ~' dare ~o~h i~~it~F ~t #~~e a ~te~noed lot~fi~- i~ a #ypic~ ~ues~ for new ~~ ~hmen~s rwld~e. ~ ~~#fcuf~r Fry sf~eet ~ ~S a #e~firien or~errted Fades, h~vef drys tk~ot~gh is ~n ~nfmip~d acva~sor~r ups for it~e type o~f fac of p~+opa~etl and sttou~i fent~ w tl~e #o tt~e po~itio~ ~ ~ir+e and Irr~erior focus of the driva thaugfi. Web the ~ri~ ~t~~ f~dligF rr~l no t Fie ~ r~ impact ~n tt~e ~djaoer~ end uses and ~e a b~ra~t ~a 1he ov~'a~ relaii dev+ei~prr~en~ ,rally tie ~vs thr+o~h wig ~s ~n~~'~ed the a~r~ tai ai the air. Ire ~ditian, we ~f a t l~ facility i~ ~~+ er~h~no~t to the oQeraii o~ the o~e~l~ deity ~u~ ~o the i~nibad ~n sb+eet pa~ar~ in the yea. ,~~ ';ue~~onyeuao ~u~uelWss~e ul Ilnsu .low suapoolllaeds puo sBulMVp eceyl )o een pesl~oylnoun 'uollaeW~d yens iepud .uejsap wl to sw.wele pua ':.rode la uallleod waa puo WeweBu vio 'weal Ilweno eyl 'uallo11w8 Ina411s~ 'sePnloul uolloµvd eyl 'f80Z A,onuop papuewo cy '~'S'n LI 'loo WBI,Ada: eyl la Z81 'oes ,spun ~~y,ox Ivnloµl4vo, uo co ualloµvd lyel,Aaaa of la.l4ns Pia Pwydl,uao ua suo8aalylaede pun eeulxvp eeeyl ~3ouoN GHSia>,aoo L1+~9 B BO ~~ U A d ab ~,~ cj Y/~ bye aT~ ~~ ~~e a3~~y sNOisin~a a~i O O ~: ~ O ~ ~ Z J d ~~ Q O ~ F W U J Z ~ J Q ~ Q ~ ~ ~ ~cn O w N_3Q ~~ ~ 0~0 OZ o OZ~ =Q W Q d' ~ ~~ fn O D%WQ ~w Z Z~ wO~ ~¢ w ZZ J F~ Xd' ~ ~ Q U UlZ WL~ ddb\) Q~ ~OV~ w Z O F ~ Z p Q w d ~ Y ~ U H ~ U Q UO DO ZO ?O O WO QO ~O (O~QU\) L~U ~U UIU V 7 7 u~ J ~~~ U s~xal'uo~ua4 '~'S 99Z`8 - ~~'~P18 ~C~~u~a~ud~~ ~~d~~inl~~~ls~~~ '~4'NW.4~M ke41b T1 f402© O 8508'Z£1'ZL6 } s o S809'Z£L'ZL6 ~ ~ ~ ~ ~ s '~ ZSZSL OOZ ~S Q Q Z Q o peog uo}sud OLLL l ~ ~~ W LW \~ n o a r / a ~ ~ WJ ~~i W Z ~ ~ °w W aZ Y Q K Q S o a o ~ ,~~ ';ue~~onyeuao ~u~uelpss~e ul Ilnsu .low suapoolllaeds puo s8ulrnvp eceyl to een pesl~oylnoun 'uopaelvd yens iepud .~d1~,4 wl to ew.wele pua ':.rode la ualyeod waa puo WeweBu vio 'weal Ilweno eyl 'uallo11w8 Ina411s~ 'sePnloul uolloµvd eyl 'f80Z A,onuop papuewo cy '~'S'n LI 'loo WBI,Ada: eyl la Z81 'oes ,spun ~~y,ox Ivnloµl4vo, uo co uadoµvd Iydl,Adea al la.l4n< pia Pwydl,uao ua suopaalylaede pun eeulxvp eeeyl ~3ouoN GHSia>,aoo L1+~9 B BO ~~ U A d ab ~,~ cj Y/ti bye aT~ ~~ ~~e a3~~y sNOisin~a O O ~; p U ~ ~ Z J d ~~ ~ O J ~ W U J Z ~ J Q ~ Q (n ~ W 3 Q J ~ N J J ~ ~~O OZ ~ OZ~ SQ W ZOW ~d = Z •• ¢ ~ ~ O (n U ~~ ccwQ w z ~O Q~J w~ W z~ ~ zz 00 JOB xcc Cc 3¢ (U~~U\) UUIZ (W L~ d QW VOV~O w Z O F F ~ Z p Q Y W ~ d U ~ Y ~ Z ~ U m F ~ U ~ m ~ a ACC d' ZCC W~ H~ OU O' UO DO WO ~O UIO UO J J J U J Z J Q J ~ J :O WO UO QO JO ~O (o~QU) ~U QU ~U dU UlU V O ~ ~ O s~xal'uo~ua4 ~~d~~inl~~~ls~~~ Z ~_ Q > O W J n W W U N Z 0 Q e w J W 2 °' 0 ~ Z u, '~4'NW.4~M ke41b T1 f402© O 8508'Z£1'ZL6 } s o S809'Z£L'ZL6 ~ ~ ~ ~ ~ s '~ ZSZSL OOZ ~S Q Q Z Q o peog uo}sud OLLL l ~ ~~ W LW \~ n o a r / a ~ ~ WJ ~~i W Z ~ ~ °w W aZ Y Q K Q S o a o ~ Z O W II J W `~ ~ w Q a W N Z 0 Q w J W 2 m a 0 J ~ ~ ,~~ ';ue~~onyeuao ~u~uelpss~e ul Ilnsu .low suapoolllaeds puo s8ulrnvp eceyl to een pesl~oylnoun 'uopaelvd yens iepud .~d1~,4 wl to ew.wele pua ':.rode la ualyeod waa puo WeweBu vio 'weal Ilweno eyl 'uallo11w8 Ina411s~ 'sePnloul uolloµvd eyl 'f80Z A,onuop papuewo cy '~'S'n LI 'loo WBI,Adao eyl la Z81 'oes ,spun ~~y,ox Ivnloµl4vo, uo co uadoµvd Iydl,Adea al 1a.~4n< pia Pwydl,uao ua suopaalylaede pun eeulxvp eeeyl ~3ouoN GHSia>,aoo L1+~9 B BO ~~ U A d ab ~,~ cj Y/ti bye aT~ ~~ ~~e a3~~y sNOisin~a s~xal'uo~ua4 '~'S 09~`~ - ~~'~P18 ~SaM ~i~0,~ ~~d~~inl~~~ls~~~ W ~ J ~ ~ O ~ a W ~: o c~ z~ J z U ~° ~ o ~ w z~ w ~ z J z ~ ~ o Q~ Q 2 ~ cn 3 (A z ~' °~Q a ~ ~ o ~ ~~ z Z a w ~~~ az o z LL ~ ~ ~oo =¢ w ~ _ ~ ~ ~ Uo ~o Qo wO'~ X~ ~o Qo W (o~~ ~ ~n~ ~ cnn ? (w~~ (d~~ ~ ~ W V ~ V V ~J V '~4'NW.4~M ke41b TI fo02© O 8508'Z£1'ZL6 } s o S809'Z£L'ZL6 ~ ~ ~ ~ ~ s '~ ZSZSL OOZ ~S Q Q Z Q o peog uo}sud OLLL l ~ ~~ W LW \~ n o a '/~ r / o ~ ~ S}~a}lU~~G ~ o L ~ WJ ~~i W Z ~ ~ °w W aZ Y Q K Q S o a o ~ Z 0 Q w J u W ~ w W Q U N N Z 0 Q >e w J W _ ~ ~ ~ N Z 0 LL1 n J W ~ ~~ n J Q a W ai Z 0 F a >e w J W _ ~ ~ W ~ a Z ai CO ,~~ ';ue~~onyeuao ~u~uelpss~e ul Ilnsu .low suapoolllaeds puo s8ulrnvp eceyl to een pesl~oylnoun 'uopaelvd yens iepud .~d1~,4 wl to ew.wele pua ':.rode la ualyeod waa puo WeweBu vio 'weal Ilweno eyl 'uallo11w8 Ina411s~ 'sePnloul uolloµvd eyl 'f80Z A,onuop papuewo cy '~'S'n LI 'loo WBI,Ada: eyl la Z81 'oes ,spun ~~y,ox Ivnloµl4vo, uo co uadoµvd Iydl,Adea al la.l4n< pia Pwydl,uao ua suopaalylaede pun eeulxvp eeeyl ~3ouoN GHSia>,aoo L1+~9 B BO ~~ U A d ab ~,~ cj Y/ti bye aT~ ~~ ~~e a3~~y sNOisin~a O O ~; p U ~ ~ Z J d ~~ ~ O J ~ W U J Z ~ J Q ~ Q (n ~ W 3 Q J ~ N J J ~ ~~O OZ ~ OZ~ SQ W ZOW ~d = Q CC F U1 ~~ ccwQ Ow z U ~O Q~J w~ W z~ ~ zZ 00 JOB xcc Cc 3¢ UU UUIZ WL~ d QW O ~ ~ O w z O r ~ ~ z o Q Y W ~ d U ~ Y ~ Z ~ U m F ~ U ~ m ~ a ACC d' ZCC W~ H~ OU O' UO DO WO ~O UIO UO J J J U J Z J Q J ~ J :O WO UO QO JO ~O (o~QU\) ~U QU ~U dU UlU VO~~O~ s~xal'uo~ua4 '~'S 99Z`8 - ~~'~p18 ~s~~ ~o~~iH,~ ~~d~~inl~~~ls~~~ Z O W ~ J W II N~ ~ LL W Q 0 J Z ~ N Z ~_ O W II J W ~ r~ n J W cn '~4'NW.4~M ke41b T1 f402© O 8508'Z£1'ZL6 } s o S809'Z£L'ZL6 ~ ~ ~ ~ ~ s '~ ZSZSL OOZ ~S Q Q Z Q o peog uo}sud OLLL l ~ ~~ W LW \~ n o a r / a ~ ~ WJ ~~i W Z ~ ~ °w W aZ Y Q K Q S o a o ~ Z _O W ~ J W II J 0 a ~ ~ z _~ Q W ~ J u IW n J W a U N M ~y ~~ ~, U A d ab ~,~ cj Y/ti bye aT~ ~~ ~~e a3~~y ~SNOISIA3a ~4'NW.4~M k~41b T1 f402© 8508'Z£1'ZL6 } s N o S809'Z£L'ZL6 s~xal'uo~ua4 ,~ ~ ~ ~ zszsL oozes '~'S 19~`Z - ~~'~p18 aa~ua~ a6~ll!/1,~ ~ Fg~SuW~dULLLI 3Jd~~1/11~~~1S ~~~ s}~a~t~a.~~ ~~i ~' !Y O O ~: O O ~ ~ Z J ~ ~~ Q O ~ H W U J z ~ J Q ~ Q Cn ~ ~ Q O N J JF O~U OZ ~ OZO =Q W Q d'~ !YW (=11 ~ !Y !Y W Q ~ W Z Z ~o a~ W~ ~ ~ Zz 00 J~~ x~ ~ 3Q UU UOZ WW d QW O ~ O Q m W z 0 ~ ~ z o Q Y W ~ ~ U ~ Y ~ ~ ~ U m H U tr Z .. 07 .. ~ .. Q ACC K ZW ~`CC F~ OUP UO DO UO ZO QO ?O :O WO UO QO JO FO COU L~U QU ~U dU [/lU O ~ O ~ ~ O Z ~_ Q O W II J W ; ~ m W a N ._. Z 0 Q O W~ J n W 2 ~, ~ . 0 N .. r rn v / O O O Z W ~~ W ~ n o a a ~ a ~ L \ r / ~o n xw WJ W ~ Z ~ W Z Y a o a o ~ Z Q Q O W II J ~ W ~, Q a W N Z Q Q O W J n W ~ m 0 N M .. EXHIBIT 9 Notification Map '~i iti f' ~' .ti ''';' .h Rrrn~rrrrrp¢rnnnrrR f .. ~' •ti ~~ ~~ i ~y?; v ~ 'rti NOTICE OF PUBLIC HEARING so7-oooz The Planning and zoning Cornrnision of the pity of Denton wilt hold public hearing on Vl~ednesday, NoVenlbe~ "~ ~, ~Q~~, '~~ consider Cnaf~C~ng r~DOrnend~t~on to tie Benton pity ouncif regarding a Specific, Use Permit to allow a drive through faoili#y in conjunction with a pharrnay. The approximately x.05 acre site is within a Downtown ~ammercial enerl ADC-~ zoning district. The property is generally lacated between yak street and Hickory Street and between Fry Street and 1~Ilefsh Street. The public hewing wilt start at ~:~ p.rrY. in the pity council chambers of pity Hal! fo~ated at ~~ ~ ~. h~cf~inney Street, Denton, Texes. because you o~vn ~rorty ~vithin two hundred ~~~~~ feed o~ the sub~ec~ ~ro~er~y, the Plnrrirrg and Zoning orn~rission ~rou~d li~Ce #o hear how you feel ahou~ fh~ request arrd frrv~~es you ~o ~er~d the ~ubl~c haring. Please, in order for your opinion to be ta~er~ into account, return this form with your comments prior to the date of the pul~iic hearing. ~ phis rn no may ~rohfhi~ you from ai~er~ding ar~d par~rcipa~ing in ~~ra puhiio ~eartrrg.} You may fax it to the number Iocted apt tfte bottom or mall it tQ the address below or drop it off in~person; Planning and Devel~oprnerr# Department - ~ -~ ._ .~~.~_~.. 22~i ~l. ~y~ t Denton, Texas ~G~~~ Attn: Lori Shelton, Project Manager Thee forms are used to calculate the percentage of iando~rners that support end appose the request. The Commission i informed of the percent of responses in suppo~# and in opposition. Please circle one: In favor of request Neutral to request ~~.~. ~ sand far p osi 'on ~~ ~ ~ ~ signature: ~ ~ ~~~ ~ ~~- r _ ; _ -~ Printed Name: ~' d Illlaifing Address: ~ ~~~ - ~Ity, State dip: Telephone l~umla ~ ~Physicaf Address of Property v~rithin boo feet: 1TY OF D~~f ~~~I, ~C~ CITY HALL wET • ~~~~o~ur r~xAS ~~~a~ • ~~o..~.a~~~ # ~~} ~~.s.~~o~ €~' #~~~ I NOTICE.. OF PUBLIC WEARING soy-oo02 The Planning and honing orr~missian ~~ the City of Denton will haid ~ public hearing an wednesdy, November ~4, ~Ol, to cansid~er making a recomendatian to the Dentan pity Douncil regarding a specific Use Permit tv allay a drive through facility in conjunck~on with a pharmacy. The approximately 3.85 acre site i vuithin a Downtown Domrr~erciel general ADC-~ caning district. The Pro is generally located bet~reen yak Street and Hickory street and between Fry street end vVelsh Street. The public hearing will start at ~:0 p•~- in the Gity Douncil h~m~ber of pity H~#l 4~ted of ~~ ~ '~. lV#cl~inney Streetr Dentan, Texas. Because you owrr ~or~operty w~t~ir~ i~ro ~~r~dred ~~00~ feet of the s~~~oc~ ~roper~y, ~~~ ~lar~r~~r~g ~~~ ~Ot?f~l~ G~~T?I'T'11~.S10~? ~o[~1d I!~[P~ ~0 ~~~~' fT~~ll }IO~f ~~BI a~~Ll~ ~f?f ~'~~i~B~ ~r#~ f~Vl~~' y~~ fo ~81~d ~f?e publfC hear~r~g~. Please, fn Ord~f fOr y~Ur OpInIOn to b~ t~~C~n ~r1ta account, return this form with your cor~rnents prior to the date of the public hearing. ~ phis ~n r~o way prof~~b#ts tau fpm a~'er~d~r~ ar~d par#r'cipatir~~ ~n a ~vubl~fc ~e~i~rg.} You may fax it to the number located at the bottom or mail it to the address below or drop it off in~persan: Planning and Dove#opment Department - T. Z~~ N. Elr~ t Denton, Texas ~`~a~ ~4ftn: Loy Shelton, ~ro~ect tanager These forms are used to calculate the percentage a~ #andov+rners that support and oppose the request. The ~Ommission la infor~ed a~ the percent of CepOn~ I~1 suppo~ a~1d in oppt~sition. In favor of request ..... Neutral to request apposed to request 'seasons for ~pposit~on: Signs#ure: 4 Printed Name: ~- : 1 Mailing Address: c~~l~ ~ d /~ City, State Zip: TX ~7 ~ ~ / Telephone Number: 9 ~f O ~ ~ ~ ~p SD o~ Physical Address of Property within 20Q feet. /d ~~ Gcl~~ ~-r ~. ~~ f~Y F ~~~~ A cis H~~~ war • ~~~fio~v, rs ~~o~ • o.~.~~ • ~~~ ~~.~.~~o~ NOTICE OF PUBLIC HEARING so~.ooo~ file Planning and honing Commission of the City of Denton will hold a public hearing an 1Nednesday, Navemr ~ ~, ~o~, ~o consider raking a recomme~dati~n to the Denton City Council regarding a Specific Use Permit to allow a drive through facility ire conjunction with a pharmaoy. The approximately .8g .acre site is within a ~o~rntawn~ Cvm~r~ercial ~enera~~ ADC-~ coning distriok. The property fs generally iaoated between yak Street antl~ ~~~kory Street and between Fry Street and Vvelh Scree#. fihe publio hearing will start at x:30 p.m. in the City Council Chambers of City Hall located at ~~ E. Mci'Cinney Street, Denton, Texas. Because you awry ~roper~y w~fhin twa hundred {~~~ fee# of fhe subject prape~y, the P#artr~~~g~ and Zon~ng~ omirvr~ woula~ I~~e ~a 1~~ar haw you fee! about ~~i request and invtfes you ~o aend fhe pub~~c f~earirrg~. Please, in order for your opinion to b taken Into aocount, return this form with your carnment prior to the date of the public hearing. ~T~~ ~~ no way ~rohibi~ you frarn e~ending ~ and par~ici~aftr~g rn the pu~bli'c hearin~.~ You may tax it to the number located at the bottom or mail it to the address belew or drop it off in-person: ---~ _ -.. Planning and Development Department ~~~ N. ~lrn t Denton, Texas ~~20~ ~ttn; Lori Shelton, Project ll~anager These forms are used to calculate the percentage of landowners #hat support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. !n favor of request Reasons for opposition: Signature: Please circle ore; Neutral to request apposed to request Punted Marne: 1' Mailing Address: City, State ~fp. ~ ~ Telephone Number: ~ ~ ~ ~ ~ r ~ Physical Address of Property within boo feet: __ r ..~. '`' "`fi~ 1 f V~ ~~~~f ~~ ~~TY HALL ~N~ST * D~NTON, TEXAS ~s~a~ * 9~~.34~.854~ • ~F~ 4a.49.~~~~ ~~ ~ ~~~~ NOTICE OF PUBLIC HEARING soy-coos The Planning and honing Commission of the C~ of Denfon wilf hofd a public hearing on vlledn~sday, 1Vovember ~ ~, dog?, to consider rrxakin ~ recommendation to the Denton City Council regarding a Specific use Permit to ailo~r a dnve through fac~fr#y ~n con~unctNOn u~th a pharmacy. The appro~c~matefy 3.~5 acre site is within a Do~rntown Co~nrnerciai enerai ADC-~ coning district. The property is generally footed between yak Street and Hickory street and bet~reen Fry Street and lll~elf~ Street. . The. pudic hearing ~riil start at ;~o .p.r~. in~ the City Council Chambers o~ City Ha~ff located at ~~~ E~ [McKinney Street, Penton, Texas. Because you own pr~aperiy ~rithirr two hundred {20D} feel of the subject ~ropor~y, the Planning and ~onin~ orr~rrriian would lake ~~ hear haw you feel about phis reque~ and invites you ~o al~ond ~l~e publr'o hearir~. Please, ire order for your opinion to b taken into account, return t1~i form h your comments prior to the date of the public hearing, This in nu way prahrbr~ you from a~er~ing and pafficipafir~g fn the ~ubiic hearing, You may fax it to the number located at the bottom er maid it to the address below or drop it off in~person: Planning and Development ~epartrnent ~~~ N. ~Irn t Dento~n~ Texas 7~21~~ Attn: Lori #~e~ton, Project Manager These forms are used to calculate the percentage of land~~rners that support and oppose the request, The Cor~missivn is informed of the percent of responses in support and in opposition. please circle one: fn favor of request Neutral to request apposed to request ~easof~s for opposltior~: k ~gnature: Printed fVame~ Mailing Address; City, State dip: Telephone Number: : ~;~- ,~ ~^,,, , ,_ Physical Address of Property within 4~ feet: ~,~~~ l1 f~ ~ ~ III ~~-~J~~ [~c.~~;~ ~#,~ ~ ~ ~' ~~j~ 11114 007 Lori Shelton -Brian Lpckle -SUP letter.doc Pa e 1 dike ~nchrar~ ~ ~ p V1t. Dak .t. Denton, T ~~~D~ October ~, ~Ogl Brian l~vc4~ieyt qty ~P~ant~er pity ~~ Den~~n, Texas Dear Brian, ~ believe the Fry ~. iliage Project does not meet the criteria requii"ed for obtaining a peci~c Use ~ei'`[it for a drive~through for the foliow~n~ reason, in general, this zoning district i intended to upedetrian friendly' and the purpose of a drivetthougb faoility i by it's nature Rs intended ~~ atact tra#~c ~~~ a Crider geographical area. The applicant has sated a much in hip lVfay ~ ~ , g0? ie~ter to the Dity. "UVfrr~e t~ ~' ~ ~~ c~o~ prox~r~r'~y o ~fre ~amp~ aid pedes~r~ar~ ac~ivi~~es, yak acrd Nickor~ arse si~~canf ea~e~~ ~horoug~r~a~es f~ror~gh down rid w~fl ervfoe ~a ~a~~er.aree ~~~~r~ ~ ~raffrfn~ public ~~ campus." l-after trorr~ ~1ni~eit~an and Asac., i~~ch,aei iar ~o Cori beltQn, tty of Dentanr dated I~ay .._.._ .. - - . .. _ .. .. .. ,. The staff repot frorr~ Feb. ~, 2a~7 stated: ~ P. 7. errerally, the C1P req~esl for a drive-l~io~gh fao~lily ire t#~e Fry f. area i irrconrslenl ~vi~#~ r~air~~ar~fn ~ peda~~riaf? disfr~c~ ar~d is also r~rcor~~~sler~f wrlb ire gods o~ ~~e Fry f. mall r~r~a ~a~l~, From the Denton Deveiopment bode ~.~.~,~ Purpae of Dowr~touvn l~niverity ~oi'e is to entourage ir~i~ced use developments within specified areas... This district i pedes~~ian f~iend~y. 5.G.5 - ~P Appro~ra~ riterMa A. ~n SUP fnust be in conformance Frith the Denton i:'lan. B. A specifi~~ permit hail be issued one if ~I~ the following canditions have been found. l#. " That adequate utilities, aoce road, drainage and other necesar~ supporting fiac~lit~es have been ar wili be prov~dedy" 11/14/2fl07 Lori Shelton -Brian Lockle -SUP le€ter.doc Pa e 2 !~ ~~9~ city ~rac survey reported that ~f~e Oak~~fickary co~pie~ in the Fry area bas about ~,~ #rtps per day. Tf~e engr'neering s~an~ard rased by the Clay of Dera~on has ra~ing far flee capac~y of ireefs. the 4-#ar~e co~p1~~ ~~~ ~k anal Nlckory are consider~d~ bas ~ capaciiy of about 29, ~~~ ~np peg day. The ~ 9~ sr~~vey is da~e~, and abv~o~~y tragic has snc~eed i~ the fast ?years. there is rra passibll~y ~ha~ the street capac~y of Oak and ~fickor~ uvrll ~~ increased ir7 ~l~e fu~r~re and Ul~~ has shown a desire to lf~~ or e~~snate ~or~ss campus lraf~c see UN~ Maier Piar~}. few devela~rnen~ ~vlll exacer~a~e ~f~e siiua~ion an~f approval of an S~lP far a drive-fhraub pl~arnrracy {I~ f~r~~er erode the qualify of lifel~roperly va#c~e irr ad~ace~rr~ reiafrr~r'a~ r~e~ba~oa~~. ~l~e ODD sfafes: "[Jse level of~service standards fo~ude ~e perfo~ance of flee arterial, 1leor, and transit sysfern Consider de~eloprnenf of adequate public facll~ies standards a a fool ff~af wo~fld ai{aw for trarrpor~a~iarr needs ~~.D~ ~o he addressed werr fan~# rye are consered for developrnen#. P. ~~ ~ "then fie cafcated ~~ approaches fhb LOS level of Service D~, pursue s~rafegies to reduce vehicular fral~c dernand...'f ~'. X42 ~17e Level of Service for fl~is area is currerrfly an F This crifer~a is not rne~. ~; The design, io~ation a~r~d arrar~gemer~t of ail drive~vaya and parking spaces provides for tl~e safe and Gonvnien~ avemer~f ~ vehicular aid pedestrian raffia w~thou a~vee~~ a~fe~~i~g the ener~ p~~~ic or 2~d~acent ~eve~op~ent~ The proposed Site Plan does not pr+~vfde for adequate s#ackir~g. (See attached letter) The location of the proposed drive-fhror~g#~ lane will create a pedestrian safe hazard because the onl y gray la er~ler ire prepared ~harmcy frarn the parking lob will be across the d~~ve- f#~raugb re s~'acfrin~ fa-~es. I can think of no other sack can~`gurafiorr being permitted anywhere. 5. That adequate nuisance prevenfion measures have ~n ar w'rli be taiCen to prevent ar ontroi ofrenive odor, tomes, dust, noise and vibration. ~. That direot~onal lighting r~~riil be provided so a not to disturb or adversely affect neighboring properties; and 1/14/2007 Lori heftan -Brian Cockle -SUP letter.doc Pa e 3 7. That there is sufficient fandscapingand screening to ensuFe harmony and compatibility with adjacent property. That adequate capacity of inftruc~ure pan and w~t~ ~e p~rov~dad to and through the su~b~ect pr~pe~ty. See move. D. That the. p~c~ai lose is copa~b~e~ nth and w~~1 not have an adverse im~ac~ on the surrounding area. .. ... . .. -~ - t~lfhen evaiuatinq t#~e eke o~ the proposed use a~ the surroundirx~ areas, the ~oiiowing ~aotors sha~i be considered ~n relation to the target use o~ the ~ooe: ~ .. ~ana~ation ~~ t~af~ic ar~d enact on su~roun~in streets. increases in pedestrian, bicyciey and mass transit .use are considered benefciai regardless o~ oapacity. v~ ~a~ilities. There i r~othi~g wl~a~soever irk Phis proposal that wi~i frrerease pedes~fia~a, ~icycfe or mass irar~i~ The yak Hickefy ~~y S~ area i atre~dy beset with ~raic ~ar~d pafkir~ pfo~terr~s. Currently parkfn is er~creacf~~r~~ ir~~~ the sufro~r~dirrg r~eighbarhoo~fs..r~ yak ~ . s~udeni parking cu~'er~fly extends dv~r~ atr~osi as far as UU~'J~iams ~. This ~re~ wilt r~creae ~#~~~ irfP ~ granted. . The oily ~eai arcs to ~~is deveto~f~en~ is ror~g~h exitir~g~ ~sir~ie-faiiy ~e~g~#~horhd. the ir~crea~d trap ~~l make tf~e s~`eet more da~~era~s #ox pede~r~an and fr~r~her erode the quaiiiy oflife in ~#~ sr~fro~r~dir~ .. ne~g o . . . _ .. ~ This devefaprrier~~ does r~o~i~tr~ ~d~ ericor~rage pede~~rrar~, bicycle or nras franif use ar~d by ir~ereasir~g vebic~ler traflfc serves as a dim incer~live for the ~edesiflan-friendly area envislorred by the Denton ~eveiaprnerrl Plan. . ~ake the best arse of the city's iirni~ed slreef space. Seek balance ernor~g cofnpe~irrg rises, arrd~ pro~ec# r~ei~~~orhood ~ro~r ~ov~eo~r parlrir~~.'r ~. 94~ in the ~g~Os the qty re~or~ed the yak-i~~cisary ~~stor~c District tvr u~i ~~rrniiy use. VVe residents have been struggling to protect this impa~ta~t cof~rnunity resource ever since and it has never been easy. fiver a yews there have been rrrany requests far ~f~crer~entai change that ~ou~d ha~re eroded the residential ch~~acter o~ the neighborhood. M~ neighbars and i l~avo joined together tc resist this encroachment .and have 1 14/2007 Lori Shelton - roan Lockle -S P letter.doc a 4 t~~~ ~ ~s 4 a ' ~~ K '.YY ~~ ~ i 5 j g~gi :~ F ~afkJ6~ ~~.F =AIRa~ laYdl~~l ~ i~ ~:~.~ } F ..... ._ _.. .. ._. _.. .... . .... ._.. L g 7` ~~~ ter ~ hSY ~ i .... _ ~ ~ ~ ~~yy~.~,.~ + ~y yy ~ ~l~ vT}r.._M*.~.,r~c~~rsvo~: ~-:. -~ ..., r-'a ~. .- ~4~ .z,z_ _~.. • ~ ri~xnanl~ ~ ~ ~ ~ -.:xc._. ~ ~~ o ~ * ~~Y~..~p} ~/ #~~#G/~i~! ~i Fl~ W~.~ ~.y ~ ~~AA ~ ~ T ~~ i ~ ~ ~ 1 ~ ~$L ~ ay } ~ 7~ i ~? ~ ~y ~iTi,~ ~ ~ t y ~ly~,~ °~~ ~.y~ ~ y 1 ] L~71~ ~ .. ~ x3 # 3 Yi :Z ; ~ ~. ~~I ~~~# ~ .... ,J ~~ L'~L ~ Y ~` .... ._.. ~ ¢ ~ ~ J ] q~ 1 7L~' ~ ~ ~ @ ~7 ~ s ~ ~ Y 4 3 ~ ~ i ~ ~ ~y~~~~'p * 5 }'~ ~a ~~y r i ~iJIF ~ ~.# 7~ ~~ iF l R.i -F A+ I ; l ~~1 i! ~ ~s7~a srw~5r Fd~ ~ ~ g j 3 ~~'1~ y ~ 1~y ~..~i ~{ t 7 J{74J~] i~ ~ ~~ Vk~~3 ~ ~~.3~ 1; ~yl~_~~,~ ~~~y 7~«~ Y16~i Ifi1~ ~i ~ ~3L~i~' y f ,~y~ l~ ~ 3Ri~ f ~~, LP'~ }~~f~ y~ 7f~- ~' ~1 I~ll~lk q sL ~4 ~yr ~~! ~ LPG ~~ ~ ~ ~141~Oa7 Lori Shelton - Re: tore #484 - on the comer of Hieko F , Denton, T. Pa ~ ~ From: Ray, ~Ste~hen ," S~~ay acvs.cam . fin: Fari,heitancityofde~tor~.co~r CC: "Lan~Cfard, F. V~ayne# FLanl~fardcv.cam, mconvere r cityventure.r~et, ... Date: ~ ~ 1~ 41a~ ~ ~:3~ AM subject: Re: stare 46~a - an tie comer of Nlckory ~ Fry, Denfon, `~`~C. Atchrr~ents: drlve.~df . ................... . .. . M. Shelton, ~ have attached a letter re: oar need of a dnve thru far this iaca~ion. Thank you. drive.pdf Stephen Ray 1~S~Phar~nacy 488 Davis Blvd hlorth Richland Hills, TIC. 7fi~Sa ~ffce ~~?-77a-a022 ext. 5~~0 Fax 8~ T-~a5-S4~ ~ "!'A!V"A iBA ip{',LpNM: H3Wt11yp .~, ~'yp' . , ss''SS ~~ r ' W~¢reeas Drag Stoats I'frlve Thro ~h Wia~o~v Tra~3ic Couat 14]. West II~iversi Drfcve Deatom ~~_ _261 _ _ Dated aad Timed Oct. ~.~. ZOd'~ 4: ~.5- 5.15 [T~a-o '~'~e ~, Long es MAKE _ ^ Liceas~. ~ ~ . 4: ~' +~~. Tc~e 1/I~Y ~fV T~ 7 ~^ // Y ~ • ~ •~#Y~f ~ ~~ • ~i~~ ~~ ~~~ V ~ ~~~ 4 ~~~~ 4 ~rl/y ~Va'#+i ~~~ S~~• f ~~ ~ V~• ~ T V ~. ~~~~ T~~~. ~~ry ~~. ~~3~~ I~a~ nom. ~ ~. 4:~ ~~rd Taurus 1~. x:40 v u~t x:44 ~v. Tahoe ~ ~, ~:4 ~ ~~r~ ~~ D ~. 4:4 ~ Tajo ~ . 4:~5 ~ ~ ~. .~~. T~ho~ i~f~! ~Y~~ ~~ ~i ~~~ ~ ~~ 4 ~~~ i ~~~ ~~~ ~• ~~~ ~~ • ~ ~~~~ ~. Snbm~tted With f~ut Pre~d~ce Sp: s5a~ty Rish~l xoo~ w. o~ s~e~ Denton, Texas 76 01 P~: 44~If~36$-7?88 '~5~~ ~-~ T~ ~ ~T-I~~ ~~~~~ ~T~T + ~ ~`~~ -T ~ T~. ~~ P~ I ~ ~' $~~~ ~~~. . ~~ ~-T~ ~~~~ ~.#~ ~~~ -~~ w~~ ~~~~ ~~ ~~ ~~~~~~ ~~ ~~~ ~~T-T~ ~~~ ~~~~ ~~B~BTt~ ~~~~ ~~~~~ ~~~-~ sRJwgr NOTICE OF PUBLIC HEARING sor-ooo2 The ~Pln~ning and zoning -Con~r~is~n ~~f tl~~ C~ ~~~ Denton wih hold ~ public hearing o~i ~tilednesday, . November ~4, ~OD7, to consider r~al~in~ recammendativn to the Denton City Counif regarding a Speci€ic use permit to afiow a drive through facility in con~~rnetion with ~ pharmacy. Tf~e approximately 3.8~~ acre site is -~rithin a Downtown Cornmer~al general ~f~C-~} zoning district. The properly i generally located between yak street and I~~ckory Street and between Fry Street and 1Jllelst~ Street. The public hearing will start at :~U p.m. in the City Cvun~if Chambers of City k-lll iocated at ~~~ ~. Nf~f~inney Street, Denton, Texts. Because you owrr property wi~hr'r~ iwo hur~a~red ~~~0~ feel of the subject pro~~e~tyr the Plarar~~ng e~~ Zonrr~g or~r~~ssion woulof 1~ke ~a heir how you feed ~~bou~ uhf requesf and {r~vi~es you ~o e~#ef~d the puhl~c hean~n. Please, in order far your opinion to be taken into account, return this fora with your con~mer~ts prior to the date of the public hearing. ~ This in noway ~proh~bit you from a~endir~~ ar~d par~tci~efir~g ire the pub~rc hearifr~.~ You may fax it to the number located at the botkorr~ ar mail it to the address belov~r yr drop it off in-person: T ~- . ~ .- - Planning and Development Department ~~~ l~. E~nn t Denton, Texas 7fi~D~ ttn* Lori heiton, Prot IV~anager These forms are used to calculate the percentage of landov~ners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. ! n favor of request Reasons for Opposition: ~.~ __ _ -- ---~ e Signature: Please circle o Neutral to request apposed to request i ~f~~ C ~~~ ~~ S Rac'i IoUS Printed Name: ~ , ~~_ ~ Sv'~'dd~_ .. Mailing Address: f City, S#ate Zip: ~Q~Q~K~ ~~C ~~ZD~ ._ Telephone Number: _ 4~_3~lrZ7u~ ~ ~_ Physical Address of Property rrv~thin 2QQ feet: ~ r~ 6 ~ ~ `~~ ~ I?~Y ~~ D~V~'~~I, TEXAS QTY H~~ war • ~~Nro~, r~x-~ ~~~~~ • ~~o.~.a~ • ~~~ ~a.~~~.~~o~ ~~' ~ 3 ~~~ HAYES, BERRY, WHYTE C~iL VANZANT, LLP Byron R Berry Richard D. Hayes* Don R. ~hite,lr, ~ Lance Van~ant ~. Philip M. Furlaw J.P. LcCompte lawn A. B~€ris Shanna s, Cargill Hugh Coleman A~TT~RN~~ AT LAw 51~'9V, T~ckory, snide 1D4 P.o. Box 5b149 Dentan, Texas 7~2U6 o~c~~n$~i: 1?atricia A. Adatrts Den#nn: Telephone ~94Q) 387.3518 1Vletra X972) 4~4-3899 .. faresnYrile-- ~~7~-----......_... wRITER's F-MA1L: rhayeshbwvlaw.cnm hoard Cer#fied, ~'exas hoard o, jlega! Speci~al~zati~~ '~Com~n~rcial und~esiden~l Reu1 Estate haw ~oven~ber 14, 2a~7 __ .- _. _~_, . - _ Pla~ng honing ammissian -w - - _ _~h _ _ ~~y ofe~t~n _ - - - ~ ... ___ - - - _ -_ ---. ~ ~ 5 F. NIcI~nney St. Denton, Texas 7~2~ I Gainesville: 2~9 ~'. California Ga~ne5v~lle, ~"exas 7b24~ Telephone X940) 668-6171 Facsimile (940) 612-475Q Re; supports Approval of pecial ~ ~"ern~it to Allow a DriveyThru Facility in on~unctian with a Pharmacy an a .a8 acre site, located between yak street and .... ~ ~icl~oryStreet,-b~tw-Fry ~Str~and weleh trot ~~'~~40a~, Fry.S~treet. .. pillage} dear 1Vlembers of the Pl,r~in honing a~ssior~: IVIy name is Richard Cayes, I along with nay wife and children live at S 1 ~ . ~~ Street, Benton, Texas. we have lived here far 22 years. lV~y office address ~~ l ~ . ~icl~ary, Denton, ~`exas, 1 have of~iced there for six years. The purpose ofthi~ letter ~~ to write in fa~ror oft~e Specie U Pit t~ Allow ~ eve-Thru F~.cility for e Pharmacy ~ e Fry Street pillage. . _: -. .. [~nf`onately~.~ ou~d nod be itl~ you, this evening as I: a to be out ~ftown. I reviewed the site lan for the Fry Street Village, the staffbackup materials and have ta~led to a number ofpeople ~.. . P about the Special ~Jse Permit. while 1 a aware that there is sane neighborhood apposition the appasitior~ really is based on the loss of several businesses in the Fry Street area and the deo~itian of the buildings}, ~ sincerely believe that the Fry street Village will be a welcomed addition to my neighborhood. The old Fry Street buildings are gong, new ones are gang to be hunt. All modern pharmacies have drive-thru windows, There are ready several dnve-thru facll~t~es 1n the 1n~nechate . . area. including 7~ 11 gas pumps and Jac1~-In-The-Box. The FrylHickary street area is zone Dawntowr~ arrLmercial and has always had connneriallretail use. The pharmacy does not change the use. Y ~ ust do not see the cb ive-thru increasing the traffic in the area. '1th a university of 30,~~~-~ students, there is already substantial traffic d yet there are no real prablen~. The addition ofthe pharmacy in the Fry Street Village would bring substantial additional tax base to the pity of Denton as compared to what was there and cantiriue to yield sales tax revenue Plair~g ~or~in oissian pity of Dento~a I~o~en~ber ~ 4, X047 Page- ~generatecl from that area. The Fry Street pillage and the pharmacy ~l continue the re~itali~at~~n of the ~aklHickory Fiistorica.~ ~i~trict, which aver the fast t~renty years has seen ~. uhstantia~ improvement. ~ see the Fry Street Village as a cant~~tian of that effort, which the pity through its tax abatement to historical structures, has ~vore~ so diligently to further. Please apprQVe the Special Use Permit. Ifyou have any questions, please feel free to eo~tact me personally. ~ ~ office num.~er .{4~~ ..-~~'--.~: y. home- number ~ is- ~~4~} 3 5~~43 ~~~ , Thanking you for your car~sideration, ~ am EXHIBIT 11 Site Photograph EXHIBIT 12 Planning and Zoning Commission Minutes ~Si 1IN~: ~ to Its ~~~ St pli~ 1~u2ing for ~ ifie Ose per~it to allow ~ i through f sof lity in Ana ua~ti~n u~itb ~ phs ~ , Shelton. ~ ~ ~ . 1~ i~ 1 ~ ~d this is ~ porti.~n of the ntpn ~ 21t ~vde Travsportati~ ~it~ria ~anual~ w~iieh ~ determines sta~kin~ require~ents. Au,d that~s just to ~ .demonstrate the ourre~t oat of sts~ki~g, ~ ~ ~ ~ ~ his euhibit is ps~k of the dots , ~ presented to ~lsnainq~ and ~on.iog aamis~ion ~Y the . ~ appliuant at the park sessi~an ~f ~~t+~e~ tl~ l~tht '~~ ~ traf f i~ pert shy as average z of s e~peote~ 10 firing l hours of bei less than ten as shown here, ~ 11 ~ ~tat~d~ tbl$ report ~s distributed to by the . 1~ ~ppli~$nt ~t the work ~e~sion, Trllo~in~ that meeting it 13 way distributed to our t~~ua ~* pity transptio~ 1~ ea~ineei and our avgiaeerin~ ~aasultaats to ~rifp that 1~ mfrs presented is that r~art were rs~s~lef whinh 1~ . they did agree that it was a rea$on~le assertion. Ia 1~ ot~ar aror~ ft wasntt totally off. D~nt~en fat ~s 1~ suh~itted hY the appliat shy estimates of ar ~erage ~# 1~ eight trips r hear at the gaak~ . ~p .This is a baildinq elevation showing the ~1 rs~r, wbf of w~1d ~ th,e drive tbzh elevstian. his will he the elev~t~oa of the ldi~g ~ the s~ el e~$tioa~. ~1~ whirh ~ovld font ~icty Stze~. pia i~ ~1e~eti~, . 4 the east elevati~nF that wavl~~ aotUSllp~ be fronting ~~ existing Fry Stzt, "fhis is the $ite photo .of that ~~FF~S ~ ASSIA~F~ ~ D~T~ T6 ~g~~~ ~~~~~~~1 ~ ~ ~ I~. ~I~~N~ Goad e~eei~~ feet prrty ~ is loo~d bit k ~tre~t sad ~~iob~ry ~~ ~~ ~ aeen ~ry..aad ~lsh St2eets, as shown here ~o this ~ l~atiua yap, I h~v2 ~re~t this p t~ w ~e3:kstin~ 9 co~diti~m~ on the sito~ the ~atohed areas are paxoels ~~ ` 4f property t da nit belaag~t~ applfut az~d wee . . 11 nut part of ~e pr~possd ~ Street ~1i11ageF ~ t ~. 1~ innlus the ~a~a parr ~ hef ~opl Basest lted 1~ hese~ and fir. Nu~mile~s propsrtp, whiff are the twa 1~ residences ~r and ~ho~ 2i~t there, 1~ ~ ~ ~ the re~i~l~tk ~s~s shp~ the h~ild#~g~ tit 1 ~ bes~ 1 i ~ At this time tyre aie tbre~ 1~ buildi.ngs left on the sits; This a in the ~zthwest 1~ porti~ ~f prepertyr whi~i is what you rsber as ~e 19 ~~~s~rr ~d fat is~ actuallyt n ~oantio~ of series ~f ~~ bdildings ~re~ Thi$ bt~ilding~ ~i~h f s the t recent to ~1 ~ .gory, sus the F~4. And eD the retail build~~ . ~~ here ad jauet~t to ~P~l~~ ~~ ~~ ~ ~~ ~ lea pletedt the ~p street Village wfll ~4 ~aataib eritelY ~~~~ SOB nqu~ fit retail and ~~ ~ recant uses, ?he propertp gill be odd and o~eiated . 19 1 by the Fri Street partners, Li~ited~ of llair~t Ts~ ~ The requ~st~d ~ will a l~l a drive thravgh f a~ilf ty .ae. ~ part of the ~ha2~a~y~ .lanated ~spe~ifically i~ ~~ ~ertast 4 garner of Hiokary end Fry streets, a~ here nn the , ~ $it~ plan. ~ ~ . ~ .. 1 u~nt to pOi~t s~m~ttiin~ eat ~~ this sib ~. 1 ~ plea, Yet see the red circlet ~i~ drive gut ~~ nut $ ~ met ~r ~urreat Eder so ~ Fariatioe +~uld ~e regnired to ~ . allow t delve t ~t tt,at locative. The prapa$ed SAP 14 s~ild alloMr a drive t.~ou fsoilitgt as s~~ on this site 11 plan. the fraat eutranoe~ of the ptcy wo41d be looted 1~ ~ at~the zaer e~ Hiol~r d prp ~~t~cs, Thin would be 1~ the Hain frun~ ~f tie hvildin~{ the GAS, The drive thigh 1i ~ ~1ated et ~e rear of the huildisg where the 1~ starling is for the drip t~rgh along here, This is ~e 16 locative ° I ~no~ w~ ~aA't see all this -- his is the 1~ location u~ c~aoptarst 'his -- this square ~Iea here 18 ~ the~~ ark the dusters, This square shows required 1~ aroess far slid ~e~ truo~s to acre the dq~psker axea~, ~~ Tfte primarg entxaa~ for t drive throw 21 w~avld he off of ~i~l~ry Skreet~ So tbi~ old ~~ prina,ry entra~ d the pry ~~it would be here off ~3 Fry Street. a starting shown ~ ~e site. plan meets the 2i ~iai ~tackiaq r~~e~nt~ ~f 1~~ ft~ ~s re~ui.~d for ~~ ~ drive thravgh having ~p to tin average txi~s pee hear at SZ~Ff&I~S ~~P,SS~CIATE~ ~~, ~E~iS ~44~~ ~~~-9~g7 PLA~]NII~~ ADD ~~I~~N ~Et~JLAR ~B~r~T~N i~ 1 ~raer, ~~ are liking north aer~ss Hiry to that . ~ ~orne~, ~~ wt's jest a little -- sang ~araer~ ~ust~ ~ ~bz~~ht bit a little hit, . ~ ~ ~e nutif i~ati~a ~p sewn here -- f s .saa ~ ~ here. Staff~il fopr ~extified letters of ~etifition ~ of puhli~ ariaq and 1~~ oou~t~sy ~ti~es t~ PAY 1 ~wa~rs ark residents in the ~urmundfng area. As of this B wJCitl~q~ i have receive fo~u sp~ses fron properly ~~ ~ owners within ~~~ feet cf ~eot site whinh art not l~ ail shoes here+ I fat them ~ little late, Two were is 11 support of reguest~. a whiff i$ the ~vs Barber Shop 1~ and Mr, Dipamile here, and a is oppositi~n~ this is the 1~ pr~gerty here, and one r~s ntral ~t~ t}~ r~t~ 19 ~~ distrit~d to ~u at the ~rork $essl~ar 1~ were three additil responses in op~Oaitioo to the 1~ que~tt hnd~ I thi~k~ wher I aut tie nom yav were 1~ qi another resgcnse i.n support tie SAP regat, ~ 1~ Spseif io Os~ Pemit nay he ~raated if the pity ~~n~il 19 find t paopesed use rifer o~c eao be to ~om~orn ~~ t~ a im~asition cf o~aditi~as pith the folla~ring apprav~l ~1 ~titeria: ~~ The first crit~xia is that the spe~ifir nse ~~ will be oo~atihle with sad not ia~urious to use sad ~~ en~oymeirt ~f Chet pr~tyt Her sigIlifitly dintni~ ~r ~~ fir py value$ ~ithfn tfie iliate oi~inity, the . 5T~FFEI~ ~ SIAT6S D~~, ~ (9~+ig~ ~~~-~~~~ NI~R 1~~ ~~~'~ Page 1 1 .~ 9 1~ 11 1~ 13 1~ 15 16 1~ 1~ 1~ ~0 ~~ ~~ ~~ ~~ ~~ gza~ased d~xve thrca~i fa~ilit~ ahal~ mat si~ifintly diish ar impair pr~party values in th.e idiate . ~f ninityt p~peity val~rea is the hate ~i~inity a, actt~allyt likely to ia~eaae due t~ the gegeatal . imve~ts to area resulting f r~ rede~elapmnt pr~eotF ' ~ixap~ts innlvde the recanstrnctian ~ edjae~t ~ilks~ pr~€e~ai~nally ~aiatained gzound~~ and additional retail epportamities to as abdess~r~d area A~diti~llp~ ~~ pr ~p tre ~illa~e project addr~es~e$ aereral ~f a is identified is the dry street Small Area Plan ~ese ~ht i~oludet ~r wf 11 iaolndef ~inpra~ements to litter ahatedent~ salivated SG~I~ .6 ~~11$~t14a~ 1]~It1Fe perception ~~ . safety i~ ~y street art. 'use art all gaal~ ~f the ~y Stsect Area flan tit will be addressed thr~gh the de~elat of the Fly street ~illa~ Dwelt cn i~ 1~ 1 pr~~nt ~~ ~~ offensive ~d~r~ f~ duet, noise, yid ~ vibration. ~d here is na ~ffer~si~e err fnmr noise ~r ~ of h~ti~n is eted ~ro~ this facility ~d . ~~ -- of teY ~ the ~anstaucti~n of the project, ~ based ~~ they criteria, staff re~nd$ ~ a~pr4val cf the Specific use Fe~ait re~est~ And ~ would ~ be happy t~ anger ~y of y~r queati~ns ~ d~ ~~e a . ~~ 8 mem~~ cf avr staff t also t hers to respond. . . ~ ~. ~ SSI~~R.9~A'~ ~~ ~n~ have 'l~ sti~a? ~~ai~$l~aers? It looks like y did agoad -. . ll ~ ~nr am ales of ocee for public hearin~~f the 1~ ~etiti~~ is ~raated l~ minutes to speak to the petit i~ F 1~ . 1~I6IN; Thaa~ yon, ~ ~ Baiter ll ~riei, psid~nt ~€ ~nit~d equities. ~d ~ that the 1~ ~oramis~ip~ far all~in~ va be~here sa ~ oar nak this 1~ applicicn~ understan~in~ tit it is oal~ #cr a Special 1~ Use ~~it sad that we are united ~ times 19 I am gazng to ~~~ ~n ~d call ~ T~ J~ I~ Simerly, T~ is ~igresi~nt cf the Dena ~ Tav~ ~ ~Q Asso~iates~ the engineers and pla~t~ f~,t ~s fir this ~l projt, I understand his campar~y hasp also, daae work for ~~ the City of nt~~ ~ well as ttre ~niversf tp, ~~ ~ will ~~ start with Tam ~4 BSI ~ Thank . ~~ ~,~: ~]an~ ~4lit ~. ~ ~Sl~ SP'~~5 ~ ~SS~CT~iT6S ~ TSS ~~~~~ ~~~-~~~~ whole nd oritexis is tit the eatahlishnt of ~e specific use will nit i~aede # nasal and ~~~ elect and inprement of surraur~ding ~anant pro~rty, ~The~e pally n~ ~a~~t pr~eity in mediate viciafty ~f~ the Arced sect. S~~ iau$ly~ it will . nit have a negative impact ~ ~ . Tl~ ~ir~ iteria is t adequate ntilitie~~ ass ~ads~ draineg~, Sher pessary . B~F~,S ~ ABSOS~ Tyr 9 ~~40] ~~~-~~~~ 1~ sapp~~ting f a~il~t~~s have hen ~rwill be ~ra~ided. . . Adeq~te ~t~litiest .s ~ainage~ aad other ne~ssar~ saFPing f~oflities h~~e ~r will ~e prd~ided. ~~ Amp i tbrgh facility will nit si~niffcautlg . in~ieese the traffic in the area. SiD the Fey ~t3reet Mile is a redevelt ~S~~~Ct~ ante fa~iliti~$ are ~aflable. Spe~iti~ i~nt~ to ~raina~~ aid ~tilfti~ wi11 f~tlffsd ie the flatting pros cf this ~ . . develeps~nt, ., d., fi~lly~ the ptaed retail develap~t ~ie a~ permitt use of this property. The fcnrt~ criteria, design l~caticn arraa~ement cf all ~i~eways a~ pprki,ng ayes provide the oaf a and ~ne~l m~vnt of ~ehi~lar and pedestrian traff in without adversely . affeoti the gea~ral p~li~ ~~~ ad~a~eat de~elop~nts, . Sipe the drive thr~u~h wf lI be loud -- I will ~a ~p ~4 ~y Ct~ make tae. ~i~ the drive thq~~ facility will ~~ ~~~at~d at t rear of the ~ . huildfng~ it rill have a niaiamm impact ~ destrian circulation in dry street area, The proposed armac drive ~ thigh gill p~o~ide a~oe~s to has f~ ~e$sit#,~s . Within ~lkieg dist~r~oe fir the t~ resid~atial neighh4rho~, as well as ~N'! stadevts and los, And the final criteria ie ~ aquat ~uf~~ p~entlo~ ~~~ he+ beep a~ will ~e tekep t~ 5~ ~ A~~~~ ~ ~ ~~~ ~ ~ ~ ~~~~~ ~~~-~~~~ 1 8 1~ ll 1~ 1 14 1~ 1~ l~ 1~ 1~ ~~ ~1 ~~ ~d ~~ ~~ PI~1NI~~ AND E~NI~T~ RE~TJIJ~iR SE~~I~'td ~~ 1 Ccssioner~. ~Y name is Tea ,irly pith Desha~ar Ts ~ ~ ~aaeiates ~ Re are ttaff i ~d~inrs, ~~~ ~~tti Mauston ~ Street ~ Dal lass Teas ~ ~ ~ . 4 ~ ~e wet ash in t middle of ~lvmeI t~ take ~ a loaf at ~e traffic i~pa~t ~f ~ttis. lid I will try t~ b quiclly ga ouch aid su~riae what ~ dial. ~ ~e did traffic wants -- lit ~ says the ~ first Xng Yoe al~ya ~ is traffi.u ~auota io areaF ~ It w fitly. rst~nding that Daly f ~ not ~ good tine to 1~ d~ tra,ffi~ oou~ts~ partioul~rly in a ~ai~ersit~ t~~, t 11 did was went ahead and did oar traffi.~ uat~~ 1~ ~~ and lied at the ~istcril eta pf both k a4d 1~ ~ick~rg Streets. end t we d~tenar'.ned Naa that ~ . 1~ ~~nts ~ aht ~~ pet lax tin aarmal dvrin~ ~Tulg 1~ as they wed have hen after sl start S~ +~ 1~ adjvated ~r txa#fic caants accardid~ly, and ~Q 1~ p~r~~t tc cur caants, all the way ~d ~e s~de~ to all 1~ the roads aid iate~se~tionst and ri proceed with ' 1~ study. ~~ we did t ire ~e fait that 4~r c~nta were ~~ one at that fiat in time. ~ ~ ~ .~ . ~I ~ }~a~ing said that you knrn~f locked at the ~~ intersectioas~ we baked at drivaay`st lk ~t all ~~ iropaots~ dad fat + fns ~~t ~ t is a lot ~f ~4 traffic cn yak and ~ic~cry~ That little t-laua strut on ~~ ~ $i mien ~ a hit of traffic f3'a~a the s~aF~sr~ ~ ~r~~ D~T+ Tl ~ ~ ~~~~~ ~~~-~r~~ ~'1 tiJ Y L' L'LL~J~Y~ i ~ ~ fr ~J SJ I zi 1 uuivezsity and through ~itg. And we looked at ~r ~ sib, ~d add apt tuff i~ rota g~owf ng ttafff ~r ~ ~~ ter~ined t ~~; sib really doesn't ~~ ~ ~ l~v~l of sire that's out air ~~ ~~ stre~ts~ ~ ~d whit that ins is --1e~e1 ~f s~r~i~~ i~ ~ g~ner~l ~ term wh~t~~~ q knaw~ tt fe kfnd of ~n~indf~tar, A~ 8~~~ ~ ~, ~~ F g~de f4I ~t~ts l~~k~ ~~ would ~~ for ~1, end ~ ~u little bit of traffic for site as shop did not . . ~ ~ c.~ange say le~l~ of~ servi, ~rou kn~r, in~ ~e area far 1a . . l~Fel of ser~ic~, . 11 ~~ .. .S~ we have an i~t, It f~ not ~igantia, I~ . Anything else gafng is r~ is going to have a siailar ~ i~ o ~r~ter i~,act~. ghat I weld like t~ i~ speak a 14 little bit to aa~ ohse~atioa ~baat tho site. And o~ 1~ ~ this abut a ph~r~~y is tit Lt ge~er~t~s what~$ galled lb s~- gips. ~~~ did rat ~t~ke credit for t~is~ but s lot 17 the trips .duri~ the peek is fiat go to the pr 1~ are trigs by ogle that ass already ~ street I ~ 1~ ~ king tc works I stop by aid piok s~i~g ~p at a ~~ PhY that a~sa has then t}~p~8. I ~m dt ~r~r I call ~1 ~ ~ pr~~iptioar gad I a~ a iady on road wing h~ , ~~ ~ I sip by aIld pig ~ things. ~a a lot of the t~affxo ~~ tbat~s attr~.oted ~} a pha~~y ~~ Baas-bg dips. ~~ da~'t ~~ usnally~ t~ edit far these. didn't deduot thane ~ ~~ of the equ~ti~. ~a we live a c~me~~~tiv~ rep~rt~ Sf ~ ASSIATB~ Unit TE1 (~4~~ ~~~~~~~ ~. ~~ 1 ~ ~ Al,~at thi$ sft~ is ~n ~ lihtl~ dif~efent ~ ttinq~ It is nod oa ~ ty~i~~l ~hae ~a= of ~ two ~ $i~-lase di~i rids' ~. I~, is in' a very urhaa ty~ ~ it. i~ ~ o ~ity~ ~aia~ university city, Zt is going. ~ ~ to l~ less of a~ ~attr$ctar frog a lade ~ end morn ~f au 6 etttar f t`~ ~ t~iversity a~ the general neighb~arhood. .~ 3oR ~ thi~~~ ~u frr~ w~er~ it is l~ated it is going ~ ~~ ~ li~tlo bit is treffla tin whit ~ typical ~ would out in the hinterlands a large resid~ati~l i~ su~divisioDS or ~e ~~arjor t~ar~ugk~eres, . 11 ~ Alsa~ it is g~~ to ~er~te ~ p~~tri~n l~ tr~.ffl~~ we hops, ~~ hive looked, y ~~r hive tatcn~ ~~ ~ oaful look a~. ~e pedestriaB a~tivityRbath to tl s~t~ 11 ~ f~ the e~ternalf and internal to sites nabs surd l~ thet ~s ere ~an$f~d. And we Mink the locatidD of the 16 dries t~aroug~ is similar to othea locations aroand 17 fell lily we have develd ~ ~~fe site 1~ ~ fro Ming aha~t Hialory and ~elF. llel l~ p~rkiag oa bath sides of streetf ~~ pile as hour ~peeti ~~ ~ limit d~ria~ those peak hours traffic is traveiing ~1 r~lntivel~ slur, you taow. You life t~ think -- i~tislyt ~~ hive college students, but b~ecatt of ghysil ~3 natr~ints an roedway~ u have a little hit slower ~l tr~ffio in ~~he ~roa+ rich crcat~a a Iittl~ safer ~~ er~irt for a teritig and eritiag the sits. T~FF~I ~ ASIA ~ ~ IJF~TQN~ TF (~~~~ ~~~-~~~~ ~~ 1 ~ thi~k~ u ~~a, that the site requested use is, fry a. ~ tr~ffi~ ~t~udpaint ~r fry a pest her stan~iatt art less 3 ~erau~ than maay ether uses tit ~auld l~ pat an the $ite, ~ Aid I w~id b~ g~~d t~ ansr ~p 9ti~~ that Y~~ sight $ ~ .. . ~ I~~IO ~AT~IN$; I~ there any . .~ ~uestians? t ~or~issi~a~ It lets like y~ did s ~ fah fiat .tom around, ~ ~, ~] `dank l~ IS~I{1~ ~T~I~i~; Y~~, ~~u Still had 11 sow tine l~f t. l~ TAE ApTI~IQ~N'S~ I will bo brief. Re ass a 1~ little bit linited be~.use of our ~hnicar difficulty. ~e 1~ wanted to .add to ~ ~~ enhancts of the pro j eat l~ for ~ ward to caasider, ~ . 1~ ~ ~kap~ ana~~ ~ fa of featares that 1~ think art i~n~ to point oQt is we hive follad l~s 1~ ~r~iitvre tit was origin~Ily oa the sites shrn€in~ you a 1~ pi~tur~ of ~e crigid~l huildi~~ 1 haves also+ a the ~p hu~ldiug ~~ it was in 1~~~ ~~ ~t way nud, ~~ ~1 h~v~ ~at~erned ~r architeotu hod ~ that original ~ hu i Ldi~ ~ ~ ~d ~w~ ha~~ ~ f ~w ~.}:1 f that I think you y ~~ have yea previ~$ly{ ~€ the ar~h~te~turo eat h it lays ~~ oat au the sits, This is our arit~ot'~ d~o~i ~ . ~~ ~ T]! add~tl0af haY~ ~ lan~ecap~er TLS ~ P-~,IAT~~. ~F{ T~LAS ~~~~~ ~~~-~~~~ 1 h~rds~p~e, sad pst~i~nafrioadly art far sidewalks ~ . ~ ~ ~~~ 1~ ~c 14 feet ~i~ L1e lan~iagt as show 3 h~~ that ~h that we have ~dequa~~ laadsing+ as w~11 4 as areas that in orange ~~ pedestrian somas al~a.g. ~ the site A~ gig ~u awe pitt~es t]-dt~ find of~ shy ~ you haw thane look o0 o~.r muter aodel when we ~t thou Z ups ~ as yell. ~ Ae haves also, hey wkiag with ~a~ of e ~ a~~aoent lead owners abet h~tifying ~~ dampsters as l~ Seoopd ~~ a s~awia9 l~u ~ prelia~nar~ design .of 11 au encloses tit night Screen those fra~- a lic, And 1~ we page worked with saiid ~s~ to try to ~ ~p wYth a 13 ~o lutia~ t~ t plan. ~ ~ ~ . 14 ~ Ire ed~iti.cnl hay he'~n fartur~ate to b~ 1~ p~i~ed ~ with tie uniFersity, with art sol, and 1~ they haFe bees warkin~ with u~ ~n a design prcjeat far Qur 1~ p~bli~ a~ are~~ that would i~arp~arate in thi$ pra}e~t~ 19 9~e think this would he au initial ply ~ ~ hista~i.l, 1~ ss area h11t, as well ~ had t~ soothing on ~ ~a loagt~ basis. gybe we could ~o st~og a~nl or . ~l hi~nal. And I just wanted to add that, [s any ~2 have any queaticas? ~3 ~ 5~ ~4TF~HS~ Any ~~sticas Eras t ~~ ssi~n~ ~~ ~ THE APFLICA~T ~ Thank yea very much. . .~f~ ~ ~IATF ~ Tf ~~4~~ ,5~~~~~ S"...'1i71~~T i7i~li~ iIV~'111'I~T ~#~ti ii~i~iV 1~F4.+~i'L~~i~ ~~r L~~~ ~~ 1 ~ OS~t A~~il: Thant ~ y~ ~~ry r~~. ~ We ~~X1 r t~ ~p~a~~r~ to pp~rt of the p~titi~r~ ~r~ ~ ~ grated ~ m~sim4m of 3g miautes,~ pith ~ na~i~~~f thr~a ~ minutes per ~arh air, ~~e of these yards -- ~ i ~ urstan~ try ~~ difficult to ready paella ~~rb dae~ nit ~ wish to ~talk~ bat surfs the ~etftfon. Dz~ St~ff~rc~ ~ i~ ~apg~,tt, ~ ~, S~4FF ill, I .~ ~ i didn't .ins f ~ ~ w~~ going get t~ ~~ first: ~, hOg. 1~ ~ I ~ Ire a~ a pr4~p fir Rf~h~rd y~st Y. 1I apt rf.aU~ly~ ~ ~. Ent I t~iak we are abant I~ ~a~e heights ~a~w~ } that is I q.ld like ~ I~ read ~~ sett t shard ~rote~ f h~ dies 19 far ~u~ai~si~~~ if y told lit, 1~ ~ ~ SI ~Y~~; ~~ h~~ any. 1~ ~ ~S, ~T~: You l~v~ an~~ 1~ ~ , ~ ~ Dear iae~xs ~f . ~l~naiag ~fl~~ ~ni~g 1~ asian; . ~ ti i~' Rir~ ~ayea, ~I+ alb with ay ig wife ~~~ ahil~eu~ five at $1~ ~ Wiest yak ~ ~treat~ ~t~n ~~ . Ts. ~~ ham li~~ these f ar years. Y of ff ~~ ~l address is $I~ Rsst Ik~ry- etas, . I hie affixed ~4 ~~ ~~ ~1~ ~~i ~~ ~ The tease of this.letter is to Trite i~ ~4 favpr of the Spe~iai ~e ~e~it to allow a dzive ~tb~~ ~a fa~ilit~ f~ _~ is Fry ~~rset ~illa~~, ~ . ~'~L$ ~ CIA il'~, S ~~~~~ ~~S-9I~~ ~~ i Uaf~'tunatelyl I aauld ~~t b~ with y his ~ai~q+ as I ~ ~ ~O gut of tOwa, I std the ~it~ plaa for ~e dry ~ ~txt Vill~ge~ stuff backup materials, and have t~lla~d i ~ to a nunb ~f boat the ciai Use ~ft~ . ~ ~~ ~ ~ file I am aware that there is ~ . . '6 neigbhaa~d appa$iti~n~ tie ~ ~pp~siti~a r~IYy is based an ~ t~ l~~s of s~v~~I bu~ine$~i~ the t~~et ~~ ~ the de~J~tian the butidfnq~, I sipaer~l,y ie t ~ ~~ Frp ~~ Villas will be a weY~e addition tp my 19 g~~rhd, The ~i~ Fry Sheet buildings are gau~~ dew 11 ~ ~ doing ~ he hoist, ill n pharmacies have 1~ give ~ through ~ind~s, ~her~ er~l dxire thresh 1~ ~ facilities in the mediate ~are~, :inalad~,hg x-11 Fs~. 1~ end ~a~k in ~ ~, ~ ~. 1~ ... The ~ry~Hiakar'} Streetarea is maned dar~nt~n. 1~ ~ aai~l, end h~~ always hid o~ial ret~,ii use, The 17 ~a.r~acy doss sat ofian~e use, I just da gat the 1~ drive, ttiraugh iaareasing the traffic in the ~~ Ri#h f~ . uai~ersity of ~~~~ stts~ thew is already suta~ti~l ~~ traffi~+ ~~d t ~~ n~ rl ~r~blen~, ~~ Thy ~dditipa of ~~ p~eoy in the Fry ~ ~ . ~~ tst Ville .w~u1~ ~riag s#~ntial additional tau base ~~ ta. the qty of l~ntan# ~s €~~ to what was there, and ~~ aaati~ue to yield aa~ tai re+reau~ g~aerated fpm that ~~ ~re~, Tte Fry Str~ ~llla~~ aid ~ ~~p gill . . ~FFIS & SOCIhTI~~ UFN'i1aNr TES ~~~~} ~~91g~ FLAI~I~G ADD ~~I~ING 1~{r[TLAl~ SE,$~IQP~ ~~ 1 ~ ~ntinue tie r~~italiaatian of the ~r-Hi~kory histarioal ~ ~istri~t+ ~i~h a~~r the 1~t ~~ y~xs has den a 3 ~ubste~tia~ ir~rave,~t . ~ . 4 I ~ the Strut ~ill~~e as a .~ ~ aantinnati~o ~f that effort ~bi~h ~it~~ ttrr~~gh its ~ abate~ent to historical 1"ll.Gt1J~~~, his rl~d ~~ 7 diligently to Furth .. ~ ~ ~ {SCI ~A2'~IH5: mat you ~a ~. ~ 1~. Ste: ~h~~k you. ]~y I beak 1~ ngaelf, a~ 11~ ~ . li STIR ~T~i~~ That ~ ~rour theme 1~ ~inute$. ]~, $~FE Sh'~t was mine f~ Ri~ar~. ~~ k y ~~ ~ ~ +lIS~I iI~b~~; its prin. end, t6 P`t~n~hy ~haault, yap will an dtt if yon unit Hind f~ awing dawn cl~. 1~ . ~~~~i; Hi. ~y nsa~ is kith ~alvi~ ~ I . ig a~ ire . ~n ~amiast , ~ d greatly, ~e ~r~ ~n Ery ~~ street, ~ ~e bought Tree I~laad in ~~~4 in February sad ~1 aurrently ire a teat of Unity ~quitaes t~r~ ~n i 4~ ~ $~ Re laal~d f aid t~ ~d to t~tdn . . ~~ s~eaifically to be as the ~ red asses to thane ~~ stu~ent$, ~ supply air bpaks~ navels, 2-shirtst the ST4FFf,~S ~ AS,9Q~IATF~ T~f+ T6 ~ ~~~~ ~~~-~~9? ~~ 1 thugs tit p~ular culture denand~~ t oar ~ gaup ~ telly liter. ~~ thaut it gas n~d~~~d# and w~ cane ~ to tam, ~ ~ . ~ ~ N, three y~~rs lat~~f ~~ are still i~ieg ~ .and hoping a~ ~ sign that you will ~~~ f ar~a~~ ~e ~ yauz ply, ass in the intern y$ar t hie knows Z this is gang t~ pn~ have last ~~ percent of ~ iaess. hoped that, arm this pro~uet way under ~ayR ~ ~ +~e would triply a~ duple our busiDesa. ~~ ]~ t~ hire l~ thine t~ sip n~ peapl~ ~e the pr~jt is pc~plsted~ a it ul~ like you to ~a~e paaitx~~ ~id~r~~ipa to this 1~ pr~j~pt. k you far your tfa~. 1~ ~ ~1f~~1 ~~n~ a ~~ry m~~h. . l~ Frenr~p~ ~. . ~ . ~~ ~~ ~~ R1i~iLT: hiy is F~e~y 1~u1t, I 1~ lf~ at lS i~ellin~~aa Oaks ~ircls~ 1~ Just ~ little whip ago, Shen this nesting 18 sr~ed~ yaut dir. ~~t]cinsf ~poli~d b~ca'~se ~tex$ 1~ wire hra~en. A ca~atez was ~rak~n, A~,d iph just 1~ ~~ ~~ t~ b~li~e -- wdiah bads us t~ k that apt~ir~ ie ~1 p~rf ect ~ Aed there were people that art in ~ rra hhat ~~ gill sip t?~t t~.is pje~~ i~ ~~t ps~~t. Sf~~ ~ls~ . ~~ should ~~ in in its glace. lit there is nothing i~ this ~~ rld ghat is perfect. end you ha~a to -- the tf~g west ~~ out e~ea though a oaQputer gas l~al~. '~~foret it ~~ N~VEI~S1~ 14~ X07 1 3 ~~ g l0 It i~ 1 1~ 1~ 1~ l~ 1~ 14 ~4 ~1 ~~ 2~ ~~ lice to ~ that this project should go stir even thougb~it is nat pexfect. r ~~ yrs I ha~a h on Str~etR and . ~gieg by there ~y in and ~y ~ut+ a~i~ing people that Bross road AndR f~rkan~telY~ ~ haF~ ~~~' bit ~~~~, I the ~e~r ~~~ ~ aiat ~orY Fri ~~treet. ~t ~ bf~ inrft~nt f~ me X11 ~e bars is ~ twa b~~ green dust~r.~ t sit out them right in faint of tbs ~ that ~;~ usually oveiflowiag with trdah, Apd it ~ lily t this prapasal bare is 9~ to pow la #~~~~ sf whiff gill ~~ a dig plus fgr ,~~ ~ i t~ for a v~y nice haircut tip at s Harher~ ~hop~ A all rh t~eret who del with the traff ie oa Fry street everp ~Yr are all in egret that a p~a~t ~haul~ ~c ~orwe~. That's all Z ~~ t~ ~y, Thaaf ~u, . ~~ .. ~SI4~6k RAT~N~; Tban~ y~ ~. . 5taff4rd, ~~ ~it~ T~IU~,A ~~ Mkt ~lea~. . TAFk G sussing. Thaw ~aa+ fit, Chairmaat isaicners. Hefcre I begins ~ W~pl~Id ll~e ~~ rec~ni~e tit 11m Fall put ib a lot of ~lunt~er ~OUr~, and it is paetty t]ra~less~ e~uept #cr rf ght nc~. het ~ tit you for all that ~n ~~, I ka it is something ~y~ can't ~f t~ ter in t ~f t~~ mot, . ~3 4 .,~ B 9 10 ll 1~ 1~ 1~ 1~ ~l~ 1~ ]6 1~ ~Q ~l ~~ ~~ ~4 ~S ~~ I ~ h~f~r~ unit as ~ resi~nt or ~ . F~~~ 4~~ ~~ tT ~A~ ~ ~~gt 3~lat ~ t~~~ I ooas~er sry~lf tc be a stalcl~ea in the fu of the 4~~-~i~t~ry- p'~rt of our City. T f~lld the pr~gres~ of this profit for a long tine asd I n11y du 1~~ forw'~d tc . ~ ray wife sad I van welt Fry qtr ~a~ oo~a from a nua~er ~f ~ upscale ~s~4~~t~~ peruse the ert pr~je~t tl~t tie university ~f p~rth Terms ~tudeat~ ~e going to put out there, and generally hay ~ goad evening in a fa~ily-friely envirut, 1 Mink it~ is a.we~ful thing for t~s unity, It is t enc~i~ Int. It gill be an enhanceneat t~ the uni~ers~ty, ~~~~ I age you to support this eff~t and tllalYk youi, SSI 1~5; Tank you very mud. ~f ~ur~ .. !~, TH4N~ My nay is Nita iota t lire ~~t 1~~ Garza ~d in ~hadg bores. I realize that's not is the rlity liaitsr hvt I have been inti~ately in~al~ed ~i~ ratan fir a nmr cf yaara~ I ~eut t~ school ~e, I was edibcr .~f the ~entcn gaper €~r several years ~ l eked for the ~allaa I~saing ~e~as in ~entav, and ~o~e~s~ T~at~n for #~~ last S~ years hef~re I retired. And I n't say long ago I retired, ~ . y~ thet gigs me eaou~h cretiala ~ ST~F~~ ~ AS~IkTFS ~, T {g~~~ ~6~-~~~1 ~1 1 have as ~ini~ If it d~~~t~ I hay ea opiai~n~ ~a~yh~r~ ~ I always da. ~ I f rely in this proj act s auantts 9 age{ I akilr write ~ ~isto oalu~n fan tie Dentorx Pert ~ aa~ I ~s approached t~ da sow Hisril re~~r~h aid ~ ~ rall~ect f ~~tioa ~n~ ph~t~graphs that w~vld ~ ga iirt~ this ~ ~ pra jest, Bat I haled at it first I dxd nit t get 6 . i~vold in any~iag I would nit ale with ur agproge ~~, ~ I xas hind ~~ ~ pad a~~tltt t~ eollrrCt the hist~ieal 1~ inf~mati~n+ I not hying paid t~ ire tonic, t1 ~igion is ~t foa $ale~ . 1~ ~ then f did get tn~~1~d and start ta]~ing to 13 a ]~ of peaple~ I dis~ver~ fat th2~ in as awful l~k of 14 stlppart out ire tit is nanv~al, ley ha~~ ~ 1~ iutimidated~ 'fey didn't want to g inoold in speaking 1~ ng is what had aed ~~ prtY muchR a puhli~ circus in 17 aeper and e].s, S of they actaally~ wexe 1~ fearful of n~taliatior~, And ham tc remenbei thins . 19 after ~e ~f ~ t~ bvildio~s had b set f irr~ ~~ ht~ned. ~~ Ho t a real fear; ~1 $ of what I an ding tonight is ~~ spea~f ng for Esc pecp7e , I bad $~ naay gall ~ a~ ~~i f s ~~ ~ ~ ~ $L1I'p~'l~e~~ myself, the Fry Street area always . ~~ l~s been oo~upied ~p a auccessia~r ~cf ~ ~t~~~ ~~ re~taa~t~~ laundry, claauera~ all ~f these t~iags t ST~FFE ~ ~550GIATF~ ~ ~$~TP~~ ~~~.~~ ~~~-~~9~ i ~~ ~~ un~~e~s~ty ~~~t~. L!~ Lll~ ~~4~ '~4~ ~a~ }~~~ it had a center-~altuie h~ut~ Is #~at my ~ wa~~ug~ ~ ~ ~ TiN; ~ Tw~~ ~~kay, It was a ple to ~ go to her go~~ mu~lo, Its a.lsc~ becane a plate to ~~ ~~~ . ~ ~p drugs.. it wris ~ri~e-xis. ~t wa$ ~~teriaratfvg ~. ~ ~a~ly, If you ~r~cf several years back the ~i~p . ~ established the ~ak~Ilrory Histario ~istrfot ~ Thcp 1~ ~top~d at Welsh ~et- pause Fry treet~ huil~ings 11 chars were nit ~nsidesed astheticallp hist~rilly 1~ sif f foaat eruugh to gc into that diskri~t, 1~ .l~ri menttcd well -- Stmt 5111 14 lea Claim that I a~ sure you all h~~e had access t~ that, 1~ But I will quE~te a Duple t~iugs fr~aa this It called ter 1~ im~ii~te i~prooe~at tc'unda years of def~d~ 1~ iaveat~ent, ~egleot~ ~~ ov~xd~e ~zestorati~ -_ ~ . 1~ rev~tion.' And that was ib 1~9~t Not ~ ale lot has 1~ bed done since then. . ~4 ihey, alp, aeid that the past old be so ~1 high that the ~ity1 uni~ersity+ property awraerst and ~~ everyone would have t~ ~o~trih~te to y for t~iis ~~ rea~atioo ~ I ~ sure you ~saliae that the plan bore you ' F~ is totallg~ privately paid for. ire not as~i~ fir say. ~~ noneg frart a fifty or university, has that ~y endiag~ 'Fl~,~ ~ IATB~ ~ ~ Uif TlS ~ ~g~4~ ~~~-~~~~ ~LAII~~ ~4ND ~~I~I1~~ 1~E~[ILAR ~~SSI~~ ~ NOVEMBER ~4~ ~4~~ ~fdy ~ Ilk Y~ 14a. ~ ~ ~~I~N~~ ~iTEffi~; ?h~k Y~ any mush, ~ i apprf ~t~ it. Tha~~ I~.~t t ~ I p ~f ~n,~,~~, Loa ~ lay? . ~ ~ . ~ ~ ~~ ~ ~~~ 1~. I1~IEY: ~. I di~n~t tint to ~~k, 7 ~ ~ di~~t t t4 spew, . ~ ~ . ~ ~ ~SIf~ ~i'ff~~; to aapp~rt aft . ~~ ~ ~ ~.. . D'Y: , In suppo~t~., yes, ~~ ~ . . ~ ~ ~ ~ ~ ~SI~NE~ i~TEI~i~; Er~h I~lia~r~ ,-1 1~ ~n~ ~prry a~Ont the aane+ . 11 ~ ~ ~ ~ . IAA': ~y name is I~ebarah l~liat, 1~ I ~ ~ the ~f~e-presidt for ~ivit~ reletiaas at ~~ 1~ ~ C~irsitg ~rth~ ~. ~ ~~ ~ ~ ~. ~ ~~ 1~ ~ ~ From its early . hnaiugs t t. C~iversity of 1~ ~4rtb Teas has en~ iat~i~ ~i the pity of ~ent~. 16 ~ ~r t~~ gearst t~ univeisity and tie pity ham drawn 1~ ~, T~~ ~$~ ~k1Lt~~ia~ ~t ll~r 1n~1U~1~ fY~ 1~ ~~~rt~ ~~~ assn many ohan~es.~ The h~i~ss o~ y . 1~ feet a~x the years have inclu drub` ~~~ ~~ stares beauty e~~ a~ ~h~ps~ fes and fee shops, . ~1 c].athlug a~~ $to~f ~~ d r~utantsr ~~ a ~~ b~+lf ~~1~ ~~ ~3 ~ ea~thou~h the h+usi.~esses aft~n shifted, Try ~4 street here as ~~ a part of ~r cat~us as au~ olass~ ~~ ~ bails B4t Frith tie paitig of tine ~ lack of ST~FF6tS ~ I~IA'~S l~k~ ~~9~~~ ~G~-~?~~ ~ fn~~~nt ~ sad re~avatia~it dry ~ t~et became a ~~ strict ~ gr~atlp i~ aid Gf ~i~~lf~i~n t~ preserve ~ultgral ~ r~$, aid oooi~l af~erin~s, ~ ~ ~ Today the r~lot ~` Fry stet is ~ ~ vital to tie X11-~eia~ of oar bus o~manity. It. ran ~ ply a kep ~le in ths. reftnt ~c retenti~ of our .~ ~ . stints and our alas, 4~r opus cnity is r ~ ~ ~o ha~o n ~laoes to ens lug auk dinner, .~ s~agr and 4.. to aa~e uew memories, The Pry kr~t Vil lie, , pr~osed 1~ ~ Cued f~nitf~sR will h~uae a di~$e aid land 11 of -r~~ restaurants sad hvsise~sr sv~id,i~ the l~ . clubs and b~.rs often f~ aroua~ cam~us~s, 13 ~ ~ .The ~~ai.nistxati.~~ ~f 0 en~auna~e~ pity 14 ~ lees neighbors, and ~nite~ F~iities t~ ~ toter t~ 1~ .1~.~~ Ft`y ~St~t ~tlla~~ a sass, ~lsa$e d~ all fat 16 can ~ to aa~e this elopment p~ssihlef iarivdiag 11 a~rr~val of your stiff ~ectir~~ 'ant you, 1~ ~ ~~IfR ~: Thaak you sc Hoch. 1~ ~ That's the cer~s ~ have in favor cf, And we gill nave to ~~ smilers i~ o~it~o~, at ~~ miautes~ ~ ~nutes for ~ ~1 ~ sp~r~ Darid ~rr~ht~ ~~dy Aatsott gill ha on de~~ for ~~ n~sr tw~~ . ~ . ~~ ~ . I~, Imo: ink your ladfe$ and geatl~aen ~~ ~ of t1 tafssi I ar~nt t4 yak fn ~pa~ition t~ t~i~ ~~ SCUP, I agpre~iate all the ~e~lc # hive apok~n before ~'EE6I ~ " lATF$ ~# ~ {~~~~ ~~~-977 FLAG At~D ~4I~IN'~ I~Pi~ ~ ~ Y ~~' ~~ ~ ~~ and th~i~ s~pp~rt ~f .~YS, 1 I~ lile t~ sag I~ also ~ this ~anp of tha pile why follow ~ alsa support and ~ ~ ~cde~elcpm of tie Fey Stmt yea, I ~ert~ivly agr ~ pith university, and ~'ryf~ and soae of atra~r ~ ply h tl~t it ~i lI be a. wit to ~ ta-payers ~ the ~ oitizens,~ aid to the surrounding area. ~ ~ . Howe~er~ ale nit t~1tf ~~ ah~tt the ~ r~d~lo~eat ~e Fr~r Street $, Re erg taltin~ ~aat ~ the grating of ~.e~i~l C ~~rmit for tie ~noiusion ~f a 1~ give thnou~h~ ph~y, "~~ drive ~hrou~h is~ ~ ~1~~ . 11 fxr~l~ant tc the rest of the vela eat, Yau cap cut the 1~ give thrcu~h ~ut~~nd o~fltin~e all t~ further ~evelapm~t, 1~ ~ all.t}~ ~e~fits tit wire meati.cned previ~$ly hY the 1~ sngp~ter~ x,11 still ~t~~ct. You lase absolutely 1~ vothia~ ~ ~~ of lug ether than ,tie ~~i tau . l~ S o~n skill take tit caruar sFat and bane ~1~ of 1~ z~aff~~ and offer a suocesaful business, ~ . 1~ ~ 1 have ~ fe'~ points 1 could lid tc ax, 1~ ~ general facts abut l got f heir alter ~~ and a ~ f ew other art fol as ~ ~e-gird ~f ~-- un 1~~~ . ~~ ~~ae-thud of stops vati~a~ri~ ~ ~rentdy have a ~~ di1G~ t~rau~ pharmacy, I~ ether wazd$r ~h pnt do nit ~~ have ~ ire thxou~, They ~tfll haq~ a phar~. You 2~ j~s~ eve to ~ snd ~a ~~ li~~ a nuxmal ~la~~; So f~ i$ ~~ not o pro or agai~at t~e~ arma~y+ it is dust the drive FF ~ SI Imo, T ~ ~~~~~ aka-~7~~ ~~ 1 t~rcngh~ itself. ~ I~i~e I.idt a majority ~f ~V~s do ~nat have ~ a d~iv~ t~cu~h. fey have ~e~ verp s~cessful, ~~ : . f s~~s ~~ iigo, in rent years+ n~ny of them da net ~ offsx ~iv~ through servi Tleeyfre in an~urb~ . ~ environmeAt, dome ~f hem ~pa't o cffex par~inq, But ~ . ~~ v~ a s eery suc~ssf~l sues €~i ~ ~. ~V~' rporate weh$it~ ~n ~ e f t~ p1 and ~ the ascend pale they have that theiz corpora +sit~ 1~ cites that they aze flexible In sx seliou, ~~tia~~ 11 'i~itb sites in free-sdin~ l~aticnsr do~taWna~ eallege 1~ ~8~ ~d ~lt~-~ltur$1 nei.gh~orl~r y are very 1~ fl~ihle and astable to all types of lo~stis,' 1~ ~ Zhe dev~elupment gvi~lines which a, 1~ alsa~ in the plet~ state that they are fry-smdi~ l~ phszcies, whf we ~~ill discusst~~ fey have to 1~ have at leestf 1.~ ~,~ acres ldt rich this sibs 18 does Hat; ~ 'tba situ it5eif,. 5 ha~~ I~r~E~ s~uar~e. 1~ feet cf spa, phi this sfte dcee n~t~ Ens to ~ easy ~~ ~ f cr ~~aff is c~trolt high traffic i~~i~n~ and ~1 pa1'king fox ~~ .tc BO tcXes, I had incl~~ed ~~ ~ntatica for ycu. This ait~ Wane of tha~~ ~~ criteria Nib heir free~sta~iny pharma~aes with a drive ~~ thrh~ 3~ ~~ ~ GAS, I dca't ~l.iave, r~shlp arts t~ 'Fi ~ A~S~F~ ~ENT4~1, TESL ~ ~~~ ~~~~~~~ ~~ have a ~r14~ ~rau~h~ ~11~ if fey r~a't get ~~~ tY have pl~t~ ~f fa~iliti.~s. ~ ~a.a word araaad it. day h$ve ~ ~~ rout of they sites ~~ not have a drive through at the~pharma~y; I thio~ try will ~t hy. ~~Y~Fr tank you very ~uah, ~ ~ . ISSIR I yak ~~h, Bataan. ~ Y $ is up ~ ~ka ~ . ~ evening, I ~n ~ resis~at of t ~~t-~ir~~Hiaf~rioal ~iatri~t; T live within the ~~a-fiat oxen s~u~aia~ the propa$ed uae, t will spy r~ f t I ~0 ~~ aids ~~ ~~. I R ~1}r pled that ire is sane eff art ~a rea~vate aa, f ~ lighted taut that k .~ . .tike the. ge~tla beto~ ~, ny fly ~ana~~ .i~ ~ w#t~ ~e dri~~ thr~agh ~ I liev~ that grossed ..~i~ th~u~ will r~mi~e t~~ oh~r~oter, the ~ si~il~ty~ and tho s afety of ~Y ait~-. . . .. Eirst~ ~ wild ~t~ that the levelers are i~! tie ~ive~thr~ugh cr the velap®eat will ~ . ~ire~ae striaa ~ffiCr ~~t y txu~ far the eloprt+ mall, Buts by its dry natnref the dive t~raugh is antithetical to~pede~~trian traffi~~ ~y . ~f ~ niti~R it ie p~p1~ ~h~ ant t~ ~t~ in their Sara xha ire not going to gat int. And I believe it is that cart transient oo~aeroe tit will de~erslf x~ e ~ are and ~ ~ ~TFS ITT, ~ ~ ~~~4~ ~~~-~F~~ 6 1~ 11 l~ 1~ 14 1~ 1b lI l~ 1~ ~4 ~l ~~ ~~ ~~ ~~ ~~ affect the g~r~ty of e~periea~e f ~ e w ~.wGuld~ . ~t~~s~, ~ pare krme i o the a~i~ea ~aad . patial ly . spend mare ~nep in the area, . ~ ~ ~ 2~ elsa~ b~li~v~+ by ~atiag tie unity ~ . leis ~aall~ler that it ~iil make the erg less asihle t~ peeat and $tudt ridents~ p~~~i~rly driving pt r~~id~nt~ the bad ~~~ srea+ aa~ isolating . stad~t r~i~nt~ on ors during tha ~y~ ~ . ,~ fast si~n.ifiaant~ however, are ~ ~onaera~ limy and Eby i8 a gutty atrooioua, As prinarily .. or bite a bit ~ ttiat traf f is are students sad visits to the area why are ae4atiatin~ uaf~iliar ur streets and tr~ir~g to locate ice perking spaces ~Y driveway sties o into airy; do apt lv~ that driveway during ~ rush hour tine~periods. I~ i~ taking .your life in your has try pull unfo ~lickory bn . ~: DO d G ~ r~l~~k 1a the ~41a~. . ~ ~Qrr, we are going t~ have -- I would hest t ~2 notion fat here will } user ten r~ in the peak hours sins a little lo-~ to I think wa will ham da~ens of ears tryi to pall auto street wi~~ a fairly close gr~i~ity to this traffic light during peak hours. d a hlook that is nit -- worse fan ~} block It is a.blk t is ~v~r .hY silents who ignore grass; S~F'~I~ ~ h~IAT~g ~E~'11~t TF~AS ~ ~4~~} ~bS~4~~~ 1 4 S I 1~ 11 l~ l~ 1~ 1S l~ 1? 1~ ~~ ~~~ ~1 ~~ ~~ ~~ ~~ ~~,ANI~~NG Z~I~~'~ C~ SE~S~~I~ ~~ l lk~ aad ~t~er ffiC lbs. ~ I thirst it i$ an a~cid~nt waiting to happen. ~ I Mini in ~e ~ai.ddle ~f the night, when you have e 4 who are Malang to het their ~r~soii~tiaas filled ~d da ~ ant feel particularlp 1~1, ~ia~lfa~ in s~ith ~tude~tn ~ ~e inrladr tying to walk the 5treet5r iaf I . ~ ~lie~e it i~ ~ ao~i~ent waiting to hap~ea..~ ~ I welca~e the reAa~akiou ~ the ~y ~tleet ~ azea~ and I~ Mink that huil~.ing up thgt vial ~i~trict 1~ is a great idea. I really, really, really sagly~ 11 ~nage pau ~ reaansider ~Ilowia~ they to put in ~ drive 1~ ~rh ~ Tl~~t yea, 1~ SIR RATS; ~~k you. ~gy 14 ~a~~s. . 1~ . (p~: ~aa~ eveaing~ members of the 1~ C~ission, I r to~+ thank you f o~ yr t T ]mar lI hours th~~ pat ia+ ~d you are preci~t~. 1~ ~ fly na~ue i$ Peq~y ~ f and t reside et 91~ l~ hest fat re~~. ~ ara just a hla~f-ands-half frog ~~ pposed ~oelap~nt, Last I~gtR I sherd at ~ wry bay ~~ ~~ ~har~acy in da~otn ~a~`arup~ orgi~, It is loted~ oa ~ ~3 garner lct~ nit one ~f ~o hea~kifal hiatari~ ~4 sgu~ne~. Tt was ~ really ho~pg ~laee~ d sn ~~ interesting thio,g is ~t erg is ac drip tl~~gh in t~ak+ J~iCraild ~ IhTE~ l+liLy~k~~ 11 ~9~i1~ ~~~r~ r7~ ~~ 1 lti~, I have been to a outer ~f ~y h~ ~ st~r~$~t very spay ph~lmaCi~s i~n inr ~iti.es t ~a oat ~ . 3 have drive•tl~raalgbs ~ I .aa very ~r~teful t~ , ~~.~ht f~ ~ ~r~iding t~et infotian~ aye not all ~rng stares 5 ~ drive-t.~~ghs. ~ .. ' ~oae cf us this evening ire here in ~ oppa$itian for any ~f the lct tit i$ pl~a~ed fay 6 that area I~ for Y~ok fond to walking a ~ ~loek-nod-a-half have dinner. Ta ~ to win it . . 1~ 1a~ there ~ hops, Ind to an]uy #~e ienCe of t 11 was once they. $~ d~ ~a~ Tha Tamet~. wt's here 1~ he fps lit dinner fare ~~ mad fop Deng 1i 1~ this far. . i4 ~ If will nate+ none of tie people who 1~ ~pote in support of this particular itea that Yon are 1~ ~anaidering tonight ~eat~r it very m~ ~e heza to 1I oppose a dri~~ thrcv~gh f or ~ pr phcy. ~e are nit 1~ here is ~ppaeitica to a ~Yr t~ a lopnent+ to lg reataura~~~ a~ ot]aer l~sin~sse$ that ~g looato ~, . ~~ 1~at are concerned about is the foot that his is ~ ~1 uol location for a drive through, . ~~ '~aw~ iff is tai we are Daly t~ltYng ~ ~~ eight cr ~~sstbly ten cars ~n h~ut ria~ a prise ter ~~ then I ooa~r ~~ ~ would e~e~ t to spend the . ~~ money to gat iD a drive trough. B~ause thatr~ sat very ~T~fFBt~ d ~ aE~ I ~~~~~ ~~~-~~~1 ~rav~~ ~~# 0~7 ~~~ 1 .~ .~ l~ li 1 1~ 1~ .1~ . t~ l~ l~ l~ ~~ ~1 ~3 ~4 ~~ oany vehicles. The d~velo~ers have told us that is not inq to be just a p~a~any. It ie to iv~1n ~ Mini ~~~ ~~. Aad there will he many other things .that pig ~~ get, ht~t the gill not b~ able to obtain if the ~~ thzavc~ the drive through; If snmeane must throagh a drive throw p~amary~ there .are too drive tbr~g~ . t~oi l~~a t ~n~ mf le fry a lt#en, . . ire da lire that ~i~ old l~ ~~f ~~~ because Y~e would have ~ mass b~i~ and betr~en b~il~inga to app fs~ the restanrants~ to get y from ~a~ fat moist. end there would he a health ar~d . qty i~~u~~ ~~~ nit all . ~~ people wal~iag . ac€aas theme driFeways ~t t~ra of.clnck in wing art paY~9 attenti t~ the f t that t~ might be ~ drlving ~ riddle of that elopmeat. ~'~ank y~v~ . ~ 5~ RA~~: ~ Thank goo vary much. V.a~ . ~ ~ ~ Y~1N; I a~ .sorry, Ian petty f, I~ the ~ not ~~~ng~ ~~ I ~T~Ib~; Fut it right o$ the S if it s up. VIA; ~ Them is a target here. ~, o~ay~ ~na~e is fan ~~rn~ I live at ~~11 fat ~k, just ~~~ black adjacent to this ~$ed d~elovt, I wanted to t~l l Y~ tit ~i ~ f s the house I live in. ~i.s he s STQ ~ ~S~E~ l~ ~ ~~~~~ ~6~~~~~ 4~ ~ 1 i ~~6 .~ 1~ it 1~ 13 ~~ ~h if i~ 1~ 19 ~~ ~1 ~~ ~~ ~~ ~S b desi~ated a re~r~d 7e~as historic I~n~ar~ by the ~~ Hi$t~ri.~nl Caomission, And that marker a~ill h~ dedicated an tba kith of #his a~th at 1~~~~ a,m,t and. would lea to have all of a c aad say ~s~ ~ ~ ~. . 2 h~~o lined on t Strut for ~D $ ~ I haver wring that ti~F been a many# many times becavsa I hays bey i~~al~ed in ~iskorical~ prese~tntf.. It ~s been a roal struggle to e~ this area a~ a family . resi~nt~al veighb~hoad. ~e have had ~ suc~ssea, but we have had a lot of l~ssea, 3h~ gle sta~tedt ~ o~ ~raurset in the ~~~s pith the ~fligb~ fry the inner pity .t~ the aubari. ~ ~t have hey able t~ pa~~a ~ ~r of then wpnxf ul, h~atorioal q~, I seep a]~mc~t ~y dagt ~ oars driving al~g v~y alo~ly a~ tovitcs show aut~uf-tam vi~it~ra the hfstorio hd~ he~a ire the ~~storto Di$t~iet, I want to ~ ~ice~ ~~ y~ tho~o who h~va ~ that . ~ ~ lei the -- ~ ale an apprapariat~ d~F~1nt on Fry Sts~t ~ ~ . But I~~ lire t~ni.~ht t~ t~l~ abut safety . eras. I am a heart tf ent. ~Y ~rdiolagf st bas roe . wslkingt Says as her-aad-a-half eery day, ua~ I ~ roti~, I have gat a lot of time and I walk at least. two hers end sues tha hours, Sa I ~ in this ueighborhd a lots 1 am nut an~the skre~ta{ I ~ fat ~ ~ ~SIAZB~ H, 'i'ce ~~4a~ ~~~-~~~2 FII~iC ~~~T~I~ GLAFt SE~~I ~~ 1 It 1~~ ~] ~~~ ~Ad 1,~a~ ~ ~~Er i~ t~11S ~ E~tr traff I~ ~ eongoatioo, From 5egt~ber to y~ the vniv~rsit~ tins ~ ~~~ ~4~ students here, zany of the have carsR and a lot ~ ~f dose oars are oat ~ t~ streets e~eoia~ly every hour ~ a ola~se$ .let~~ut~ "~ ~ hondr ~f - I ~~~~ I 2 thousands ~_ ~af ~cais in this ate. i$ heavy fact ~ treffi~~ tarri~le oao~es~iori, And I hive a ~ p~saval ~ ~ Brien k ~tfeet oras$i~g at W~l~h, the ~ end ~f 1D Jane I s hit by ~ piol~p, Auckly, it way a ~lann~ ~ ~ tl blow It just ran ~cr my right fast. I was knccd a~ay 1 and not u~d~r the truck, ~r I wovldn~t be here tonight I~ Fir u~ ~h~ live in this are~~ o~ only way .~ 1~ but 1$ ~ ~~~$ r ~4 w6 t4 t~f ~i t~~$ 1~ heavXly-caagt~d aroa. ~ 'his drive is 90 to add ~ t lh cnngestiao~ Aod I wooer -- I wow shoat wl~t i~ going 1I to happen ham. ~caus~ t i s -- is that ~ three 1~ minute? okay, 19 ~ ~{IS~IONE~ ~T SCI, air. ~D ~, ~ Zet me ~~ ~i#h a question. hnd ~1 that is about the Traffic ~afet~ Casio, 21~~ vat ~ ~~ read ur heard anything abet ~ report. try uaderstandiD~ i$ ~~ that this group has the j p~ aliog with ~ese ~afp ~~ cflm.cerns~ And l dOnf t ~ whether there~8 been a report, . ~~ But thank y fpr allowing me to tali, ~4 1 ~IS~I ~AT4 wi111k into . ~ t~t~ Thank you. 8alive k, ~ ~ ~. thank yav very mich t ~ C~aissfone;a, My i$ E~lia~ Bak. I Xiv~ at 19Q~ ~ ~estridga ~t~t in I]~tont and ham 1i~d in I~o#~n a long . ~ tip, ~ ~ This is - ~ wavt to sap that thf ~ is -- what 9 you a lkin~ at t~nit is not ~b~ut ~ 1~t of t~iags. g It is not yen about dsters+ wfiioh is 4ae o~ my pet 1~ po'cvos. ~~ City of ~entari shoald tali ire ~f tha ]1 d~peters. ~rsy ravld ~t be out there and they should 1~ not be visible svywhere. but this f s nit ~th~ ~ j~h of s I~ ivat~~ eloper. ~~ tt~s vat whet you are laakiaq at. 1~ ~ ~~ 1~ Aft ~~ ~'~~~1~1~~, It i~ npt about local 1~ politics, It is nit abort the alt~rnativo is a dig pateh 16 ~f dirt It is oot about the '~~$ drug aoe~~f aid tha 17 ~remrlants of fat, e~~ ahnut soy, It ~~ not about 1~ lo~~ ~' a pique, histnri.c area that the City d, . 19 act~llyr used $s au ecaic developnt tl, Tfiiat's ~0 ala h done ~t But what it is about is a d~iv~ through, And . ~~ err of the things F heart beard anybody mr<ntion is ~y ~~ one boa to have a cific use Cermit for a drive thrauph ~4 #~ the City Int~n, Tbia is a of regic~l air ~~ quality plea to deep this axes frog h~nq' index SZ~FE~I ~ iAT . D$H'1~N~ TF1 ~~~~~ ~~~-~1~~ N~VES~ ~9~ 0~7 95 ~ 1 7 1~ It 1~ 13 1~ 1~ l6 1~ 1~ 1~ ~b ~i ~~ ~~ ~~ ~~~ nstrai~ts of the CFA. And it first gas refired, and den rano~d~d~ that tyre ~ ~z~ driv~#~u~s, Idling oaxs afe ~f ~~r your ~f 1Tutiaa. And that' ~ ~~ e pity of Lent~a has hive tl~s liea~is~ and ~~r~ ~ ~ifi~ ~e ~rmit. And this i$ a very ~tiaus thfn~, . . ~ .r~er ft is t trdfflC .~gest and . alMaat safety It is aba4t the oo~vur$i~r~ -- it is really . hand to ~~reete ~ ~destrian-arf~nt~d neighb~haad or area, This is ~Qe that has bin peskriaa-~rle~ted for, a~tt~ally~ .~11 of ~~ ~pth century end this is r~vertin~ . ~ truly pedestri~~ a~a into as a~taile-c~iented ~~ b~u it is oalp in autom~il~s tit people . dries-thmu~hs, ~ . . In factx in the ~eteff re~art t You re~ei as part .of y~pr ~ac~up, ~ e S ~ staff says ~ ~i~e throw ~auflftp i~ nmt, ~anernllg~ ~a~sl~t~at Witt ~$ Irian-frf~ndly are. l~d~ I think, that's a.ae~ly ciucial 8tate~nt, ~ Y~ s~ppo this Specific ~e ~rmit~ with cne $t~~ke Y will create additional traffic ~ prob~le~ you gill f~ea~a liuti~~, tau will destroy ~ t1Y ~edestriap~criented ~ighhorboud that's in ~.~~St~, end ~ Mink you will.da~~e the aey ttr~i~ue. hfst~rical -- historic resid,~tfel r~irh~od~ that ~ ~ 1~t to T~nt~n' ~ special. gnal~f~~e~ d~ ~tness, ~~ 1 .~ ;~ `~~ Z .~ 1~ 11 1~ 1~ l~ 1~ 1~ 11 1~ 1~ ~~ ~1 ~3 ~~ ~~ ~~ I ~ of you .not tc approve this uiff~ use emit. Thank you ~e~y ~h~ . . ~S~I~ ~'~IN~; Thank yav s4 such, . ~ ~. Gh~rles V~ellin~er. : ~ ~. . : ~~ VIS~i 'lh~k yatl for sllowfng tc ~ha~e a chance to spea~~ this ei~, Y~te~day+ 7 s~n~ ~e CVO on ~aia~r~fty and caunt~~ 1~ oars betwe~ hers ~f ~;~~ and ~;~~ p,~a. ~ ~epter ~1~tb ~fr~ ~;~~ t~ ~~Q~ ~e were 1~ ors, ~n ~epte l~tl, there ire ~ ~~~ fa ~:~~ t~ ~;~~ p~m, ~ ~uesti~n i~ phfl~p~iical is mature, I wider if the .nu~er tint the de~el~pe~ h ittad ss berg them inn ¢f rev tpeight ors per iacitr wing peak times is based a on the fart that they only have l~D feet ward wit~r t~r~fore they hate up with the buy sew t~ ~fght cars, instead of f a~tTlyr ness~ri~! hew ~a~y o~xs ~listilly ~~ ~~hugh a~ dries throw and then d~alin~ pith it.f~ that side, It s to me they} a~~ pitting the e ,More hmrse, I bav~ to disage wig t ~stsff . statement ttiat is wouldn't i~r tr~ffi~. And I thf~~ the safetp i~sUeS~ basioly~ is ~e intention for the Sall ~~ Flan and pentan Developm~t~ is fir this tc be pestri$n friendly. And I Gast want to seooud eg~r~thing that firmer yO~ ~ro~h just s~idt Tl~nk you. ~i~FF'F ~ A~S~ ~ Fit T€ ~9~~~ ~~rg~~7, ~~ ~ ~ ~~. 1 Aid please nit rote in favor of this dank you~~ ~ S~I~NBR ~TRINS~ Truk rri~; ~ ~ ~, ~ ~ Ileli a. 4 S~T~16R YD15. Hello, ~ i~. IRT~; I ~ L~~~ Harris, I lfve ~t ~ X19 hest dal. I an ~ pzrty owner aad a resit there, ~ ~ I ~m hate t~ ~~cmfess tc yea t~ni~ht that ~ as ~ ~ street walker, i doa't walk #~~ ~kr~ets f profit, I ~ walk they f ar ~cf se, ~d for pleasure, Azd I mould l~ Iik~ you t~ and tate ~ welt wig me. i lam we e 11 all pretty busy+ sa let's plan fir ft for f a'rlcek is 1~ the afternoon. 'fat is ~ ~ tiny for ne to ga, ~ gill 13 t at~ ~ haus~. ~e will s tbere~~ iet's head Est cn 1~ ~k ~trest~ S that beautiful n~ Anee dust two bars ~~ d~rrn fry met the is a real happy haus~~ ~d miles 1~ Shen you go hg; ~s~ ~~ ireful. There are see bus~~s 1~ gra~in~ ~t ~~ ~ tie eid~al~. You will ha~a t~ ~ 1~ arau~ ~~ the curb. The ~n of thfs fuse doesn't lip w. 1~ is it. This h~u is Styr ran down+ end it cries sage ~~ e~erY time ~e calk pest could tit I u.ld, ~l ~e are crunsing Fulton Ott n~ Lit dose ~~ ~$ ~~ firs. icy only bay ~ seo~nd ~r~ two t~ get oat ~~ in ~ ~t ~trt t~affi~+ S~ it is safer fir os if ~ ~i dust w~.it, Yt is the sa~ue situation up h st ad.ez~ ~so ~ ~ we will pit f ar thcn. There is a pedestrian ~ssia~ at 98 1 4akF hint at ~~s tzne of the day xt i~ hardy worth tryir~~, ~ ~e will ~~ up ~~ E Stet ~~~~~ ~t 3 ~e light, The ~C~rks~r~ur and barber shop ~ are stf l l hexe, ~ . ~ ~At list use builds haven't bin tea d~wr yet. This ~ is where the new S Pha,raacy gill ~o~ drive through ~ gill gut here on Fry tzeet right thexe. ~ Tats a 1ook~ ~ ~ here i$ ~ building he~'~+ aver buildi~.g v~ll go thy. ~ . ~ ors ink ~ nut of that dri~o th~~h are going t~ ham ~ front a ~~ is the sheet bsf~r~ they see any l~ . street wslksrs~ like you and ne, it ~ ~ Drot~n at the turner ~ ~y and Hio~ is a ~~ ~ place wher~~,yythey tcl~ ~$ tb~y wire ~l,eaniag up Fry ~tr~eat, 13 I~O~ (14$r '4J14 AO~II~ A, .They T~ISt moped it a~ress the 1~ street, ~ ~ . 1~ ~ ~~ the racr and head east ~ Hiok~~ 1~ ~ Tra~f is is all b ~r berau,se there is an~th~x beor . 1~ trek dole pezld in frost of Luck Tine's. bars aye 1~ og dim i~el~t street to make a lift-b$~d tu~~ ~n 19 Hicry. d link, They gill sit thh three ar #ou~ ~~ light age be~cre that happens, . ~1 ~ ~ are ~aia~ to t fate and cresa the ~~ sit hire at gel feet, l~lking ap Wclsh, ~e gill ~3 ~etaur around see more bps, Ttie E~er$~ house gas ~4 fallen cn hard ti.~s ~d it just needs soy ~~ . If .we su~ive ire gas $ tug ~n k ~ .. ST~yP'~I,~ 6 ~~CIA'~~ ~ p~1T~11, TE]~S ~~~~~ ,~}9I~I ~i~i~^111 iiY{T l~ll~l~ ~ii~lY 11YL! i{7k~! ~rii~ ~~ ~F~ 15J1~1 19V~G~~ * ~ l i.~ V ~~i . Stre~t~ we viii be h free Tli~a t~~ only ohalleng~ you will have is backing y~r aar sut an yak 5txe~t from my . drlv~way, C~ luck ~ I won't ev~a txy it. . I~di~ ~d geatln~ ~nit~d ~gu,iti~s as ~ . t~yi~g to fit ~ ~~~~ l~ foot. i~t~ ~ si~~ ~ glass siippe~. Th~r~ f s ~alr ~ sf a~ ~~ fort f n it. Ohtted 8guities ~ 11 ~a~ae a , ~ t fB ff y~arsr. ~ ~ to ~stf l~ a . street walker } .~ ~ lISiI~~ ~iT Thank ; {fuse. ~. . Jaha~ dO care to add t~ ~ttrat~ . . ~~.~ ~ ~Y aame i s ~ John ~IIl s~ dn~ I ~ . lire with ttaat lady an Pest Lek, . In tg~ .we to ~ent~n. ~s o~en~d ~ bid . ~ ~~St. . h~ ~Ii dill g~p4~~ ~~ ~~ $ ~~ty, P,nd we lie ~t s , Foy ~~ ~ur~ I cord in ~~ ~ ~~ sol~f ~ ~ ~. . pr~hl~t like c~ll~ti~g data ~fr~~ X11 pities ~~A~~t and ly~i~ this ~ to sal+ pr~le~: ~ ~a~ ~t~~ff h . trmi+t re~om~nded that you ~~ro~e this give khrh, . ~a I baked a~t the data they xis end I saw ~ t- ~~a~ a~sfnum, ~d ~ ~sid, ~ o~ date is ~e~ . Sa I wit per gad task ~~ leak at ~algree~'s, . fir ~ri~~ thrgh. ~e gat ~~ to ~~ zs pez ~h~ar at peak time. ~~ toak a .~rrvey~ like this at~r gentlemen did of 7i~~+~ ~T~~~t~~ab++~it 3~ a~ ~her~~,1p~~9~~~e+ ~l~~d t~ 4t~~ ~. ~~ .~ :I .~ Z .B 1~ ll 1~ '13 1~ 15 1~ 1~ i9 1~ ~~ ~1 ~~ ~~ ~~ ~~ ~a~g~r of ato~~. }~~ said ~~ a good nor, . Th~a I beg~a Eder. ~ dO I~. vo ~e n~ber of t~n~ ~I hats to gay t~iia, but the th~ght ~~ gay ~ind+ tti~ maaey~ T~i~ nary gars, different zegvir~menk~, Te per to build snnethiagdifferent, yan hay. to have pare rye Y~ ~~ tp. try.. fit it in why . r~'t t ft~ ,~ .. ~~ ~ ~ ~ I~ a~sa~ way tall that the builder will ~a~~ the praaect if ha doesn't ~ ~Bt ~hst he its, ~~t he does ur dnee not want is his deaisioat nit y~u~s o~ . min ~ I ~ also ~ told d~ you to Iea~e t hale ~ n . gr~un~ ug there, I ~aasi~r this a tlireat, I dan't litre hein~ threatened, And,s~ should yau~ It telly ~ what g~pl~ Mink about you. . ~ ~ ~ ~I was, also, tali, well { the bui].d,ez wi11 1~ fey if we don't give him whit he wants and a~k$ fir, It way his elision to bald it this ~ay+ and whyshould ~s eo~ar~ise ~¢r r~ui~em~nt~ or ~itians' safety far his prat zg~n? ~ ... ~ . ~. ~ I $~ slant told pals are agairat grub, ~ . otun ~s to grow. ~ fast look sr~and, ~eatan is growi and gro~in~, And I am ~h~ppy. ~e dOn+t have to ti~e~af safety for gro~tth. . Ina here a tough sob. You have to h~ right l~~ percent of the tiIDe. Andf like ray rife said after the . ~I,ANN~II~~ ANt~ S~NI~T~ kEL~TLAI~ ~E~~I ~~ i dl~ ~~ It fs cud us. ~~ aye still hire: ~ ~ ~~~ ~ to li~~ rain it~ S~ i ~ qot t~ make e 3 right ch~isi~n~ like I i~, 1~~ p~x~nt o~ time, ~r ~ ~~~ as citi~ns~ have to pay far the ~i~tabes, I ttiank you ~ Fery r~oh, ~ 2 'ice; Tb~nk yon. Y ~ ap~re it. dry rsa~. Erin ~' Taale ~aill ~ ~ . B k, . ~ ~ ~ ~, 9~i; H,i~ Teak p~u all ~ f 1~ 1i~tening t~ us. I ~ wry pl~sed sad impress hY pule I1 s~eakin~ against the SUS that's being pat forward. I want 1~ to personally say it is got shout the devel~ent. It gay 1~ ~~ a little heresy but I wasa't for all ~f the big S~v~ 1~ ~reet~ ~ I1~~ ]11~t lgbt~~ ~d8~ t~dt ~OQ~ ~~ ~~ 1~ ~~ yard ~ist~o~e. And I th~aght~ ~ bayf I h~ rumors of 1~ ~authlabe-libe dev~lont, Sout~ake pally rks, It is 1T ni~~, I bay b thy, wt's nat what~s wing up. 1B ~ die have n danra~a ~itueti~n, ~1 mar I 19 a sit walt~r, I ~nTt walk quits as ~unh ~ fir, ~~ Vana~ bit I walk the streets, I took ~ walk the offer ~1 ni.ght at priaae tom, I might ~~ asst to ba sane. Aid ~~ ~h~t I $aw #hi~: This ~s ply ~~t of the tom, If ~~ y~, ~ little bit earlier is the dayf there i~ tuts m, ~~ ~f the trams li~iog up. Arid I ~aa't imagi ~~ ar ~~ ~ ~tS st~~rpes~ ra~alt7p~~ia~ late aid lotls~oq~f~de~i~~xi.~~js, { ~ 'f ~71Vi~~7 ~ ~k?~lLL~ ~ ~ L~ht47 ~9~~'~ ~~d-~~~r 1 ~~F ~1S~i po~Af out that the traffl~ is ~ pretty irteaae. ~~ fsr those ~f us ~th~t da walk the ~ ~$ts, what ~ ~$ -- eeially ~t t stark ~f ~ ~ ~eaz when traffic is at i hiest ~- le a lost ~ and they the w~aq way the street ~oflstaatl~. l ~ ~ rpzised people havenf t been kill~dr and muy they hare. ~ I've ~~nly Iiv~d in ~a n~ig~barho~d fix years, But it was ~ the ~ that br~aght to Dent~a. ~~ are affiliate ~ with tie universities, Re ~a ah~t t!~ stunt 1~ p~ulatiaa, It is not a pedestria~+f~xe~dly elnt t~ 11 a drive thzo.~ i~et ~V5 sue t~fthut it, ~. 1~ I ~e ~~ $e in ~a~ington DC. 'they 13 ~ a bo~iog business. but l don't yet thou to oalle~ 14 a phar~a~y~ be~aus~ that's n.ot fir ~aj~r dal. It i~s a 1~ ~nvenie~ sre~ please. It is n~tbing mores n~thin~ 1~ 18 1~ ~he~e are $o any farming buses that 1~ 1~ have gut fir investmeets into. A~ this is my 1~ ~p9~9tent, It is ~sia~ss. It is not per.~an$1. F daa'k ~~ ko~w the guy at ~, I n't ire t~, It is about . $1 property value h~ia~ maybe 5~~ feet ~~wn ~e way fry this ~~ dev~lt that I care fit. Aar I ire abQUt tt~e ~~ students walking hy, I~~ia~ thug lea ~~ hauzs a dap, ~4 ,haring delivezy tks rattly hY at all yours of the dap ar ~~ nit, is not s~in~ I look fad tG. S ~ hgSOi?ES DI~iT~i~ T ~ ~ ~~ 5~ ~-g? ~~ N~V~M9ER 14 ~ ~ ~4~. . ~~ i ~ I would life nit to ~a~o ~ ~iv~ through, ~ ~~ ~ h you ~ ~ your ~ousciea~ beuse we dOn~t 3 ~ red lots of hig~ ugly ~olopmn~nts~ ~lydp h$ ~ eao~h tY hui}ags that ~e on ~e ent~YY i.~to ~entaa h ~p , ~d pert ~ ~ ~n~ o~ say ire ~n ~e tango? ~ d I ~ you pay attentiao t~ ttie pe'~le tb.at~ tcallyr ~ live here vote here and ~aY Prty ta~e~, ~e ~ going ~ to be h~~e a lot lo~g~r th~~ a p1e that ~ a ~~. ~ I glad tae of people drive by ~Y ~i,gh,~r]~ an 1~ acraeianal basis. but T dive by ~~erel times wry ~y. 11 I sit out on my front porgy. The traffic is ho-rz~ns; I 1~ ~ t~ get to wark in the marni~g~ egery ~rning~ or try 1~ dri~i ut nighty end I e ~i~e f ny hands because 1~ sbody is runaing rift vp tail to drive im ~ l~ ivy. ~r ~~iDg autt I may love~t~ gait 1~ or 1~ 1~ minute~.~ ~ . 17 ~ ~1eas~ ~ prr traf~Io sor+r~y, 1~ E~tpoTati~a is nat s~ieifi~lly vali~~ rt sr hds. 14 heear it never wi lI ~ ~~ data, 'here is ~ a lit ~~ ire t~affic.rm yak and Hickory t]~an you heap ut~ ~1 ThB.nl you so ~u~h ~fo~ your tfm~, Pl~as~ a~ke ~~ ~ ~ good vision, ~3 ~ {fI~SI~It~ ~4T: 'auk yea, $rin . ~~ O'Toole. ~ ~ ~ ~S , O t ~Q~E; Gad e~~ fug. ~aald it he ~FF'HL~ ~ USES , ~° ~~~~~ ~~~-~I~~ a4 i Bassihle for to pro~~t tbis~ it is a~ the ~ ~ ~ ~eoaase this is mire regent than the ropy that I haFe, ~~ 3 1 h~a to ~o~t~in9 it -- there y~ ~. ~. i nr you, okay, ~ ~~ ~ ~ . , ~ ~ ~ ~ ~~ ~~a.ission~rs ~ Th~k you for ~~ l~tf~ t~ dll ~f ~r oplni~ns ~n this develflt, ~Y ~ nay is Eris ~~la. I ~~ a citi~n of De~t~o and I a~~ ~ ~ al~~ an employee of to uuiversfty~ And I ~ ~onx~d . ~ t tbis d~lopm~ent. I as nat opg~ed to de~elopt ~ia 1~ erg ~~~ ~~~ but I am nancerned that the 11 . deeaJ~p~nt that gas in is attractive+ bese I em guy 1~ ~ bane to loak~ ~t it ovary ~ ~ end Y would lilac it to he 1d safe, hecaase ~ I ara ?ping to use tea ~usiaa~ses that ~o in , 1~ #here, ~d ~ I old like it t~ consi~teut pith . 1~ roundfsg hi~tari~ aeighb~rhaad, . 1~ ~ ~ ~ . Tonight I ant to fins ou tie safety is~ua. 17 And I ~ouY~ like to restate ghat Iori ~helt~o read to you 1~ ~ ~rlierF wbi~h is gat of the futon ~alopnt ~ . i~ Huhapt~r ~ ~ ~ ~. ~ ~ dart B, that saps a peYif f ~ ~s~ Fernit ~~~ fall be is~i onlp if $11 tl~ following oonh~tior~s i~va ~~ been found. ~d then seoer~ coiti~ fo11d. ~o all cf ~~ the have to be met bef ors y n inBr ~a ~~i~l use ~3 Pt,~ ~~ end one of Aso ~cntians is the designr . ~~~ locatiant and ~rrangemept of all driveway$ irking ST~FF~I~ ~ ASS~CIATBS UEIfl~if TERMS ~~4~) ~~h-~~ ~I ~~ 1 spas gr~i~ for safety of vehicuiar aid ~etriaa ~ traffic ~ait~Oat ad~eraeiy affeoting the ~eae~al p~li:c ~ ~ anent developa~rrt~. lip I don"t~ think the rurr~t ~ arrangnt of ~o drive ~r~u~ ~~ parkr~g I~t ~n this ~ ~ site plan its tl~t oriteria~ ~ . ~ ~S so~eane said earlier, I think it is an ~ accident ~aiti~g t~ kappen, If look at -- is the a ~ secret to g~tti~g this cursor ~~ ~~ ug? ~h~ n4. rz~- ~ Fiat of allt anyl~dp wing fz~a this i~ Barking I~t into ~ side ent~tan~e of a ~V~~ ~ioh is 11 horo+ is ~iag to have to ohs thresh the st~ac~i~g lay. I can't that of aey drive t~roagb I have use in ~ent~o 1~ ~ber~ the only gay you coup get ipt~ the husin~s was tc 1~ ilk ~~ugh drive tbrough li~e~ And fat sounds like l~ a big safety ice. Pe~gLe aho ~r~ waiting is a drive l~ tb~ou~h ~ nit paying attention to ~~' ~ doing on, 'may li da not ~.~~t Betrians to he ~aiki~g in ~n their 1~ odrs. They are on the Ali phone or r~y~e daydireaming~ ~~ 19 tt'$ a dig safety tss~~ ~4 ~ Al~o~ f4n c~r$ turning rift heref ~~ing cut ~l of this ~aisl~ and turning adjacent to t ~t~oking lay . ~~ t}~t'~ only ~~ feet aors there, Aid that i~ nit ~3 s~ffi~ient s~a~et ~speeially if you b~v~ got ~ pi~~g truck ~4 w~it~g ~~ the drive th~i god you hsve ~ pi~ln~ truck ~~ tl~t"s trying to a~ke that right-f~a~ turn, fain, an ST~[g~IS d ]IS I~ T ~~~~~ ~~~-~i~~ ~I ~~ 1 a~ide~t waiting to k~Bp~n. 1 ~n see fender-b~nd~rs ~ happening tare, 3 ~ i s glad to see that they h~ve~ ~~ 1., ~ ~hsnge~ han~ipped .its sere. Beoetl5e to ~ . ~ oaBBad Barking slats hey, whioli ~snt ~ haodipped people were wing to have to ~ros~ peen gars ~ t~ get into the ~ ~ - So I urge you to taka gnat loak~ at ttiase ~ ~pnditlo~ for granting ~ cif i~ Os~ L'ermit avd aak 1~ whez all seven ~f the llp fit, I ar~u~ that li s~fetp issue is nat yet the site plan, end I~ sl~o~ 1~ urge Ycn nit t~ he intimihated by kited ~~.iti~a, sap 1~ they aye going to paok up a l~~ve if they d~v't g~ this 1~ ~ri~ th~h, ~e ~n"t aced #.l~at kii~~of velr is ~u 1~ t~+n. ~e need peaBle who gill irk with us Hate the 1~ lid of I~entan w~ mot, ~ . 1~ SCI ~I~~; Ycar~ theee aunutes is l~ up. lg ~. ~''1',E~ ~k~y, Thank ~u very much. ~~ ~ CO~III~ ~A?s; Thank y~ Fey ouch. ry~I D~risna. ~ II~~,,+~~y~ 1' ~~++~~,,y Ld i '+'~~ 11141L~ y~~1 ~, ~1G~ ~~ . ~oa~is~i~ners~ ~iy n is Darlene Muilenweg~ ~ 1 live ~t.. ~~ Il1 Est ~ t in the yak-Hickory HistorYc ~iri~t~ ~~ ~~~ I ~ue~$r you ~rou~d say I an two hlocks~ hecause~ I ~~I~T~ ANA ~TIN6 1~C~1L~4R ~S~SIO~F ~~~~ 1~~ ~~~7 ~a 1 fer in Denn y~ i~ is illy a~ ling blank from ~ Int~a ~~ ~el~hr ~ kfnd ~f~ divide it So I ~ t 3 blacfs fry this develapnent, . ~ ~ ~ And just let ~e e~y fir the reed t]~t I# ~ ~ . . ~ . ter am in favor of duality de~elt is ~u ~. ~ ib~rh~od. ~ I ~~aa, I a~ li~htl t ~~ wing to ~ hav~..~a~ new i~frastructnre ~hi~1i is gOiaq tc~ h~pullpt ~ ~ ~eaefit . area. ~a I rt ha~~ say q~ar~el wf th pnit ~ Eq~iti ar lacy. Bnt ghat I ~ eve a prohl~ 1~ with is t~ia pica a~ i~ stand, B~oause I Mink that a 11 drip thr- isr lily .tee of avr praas spurs have . 1~ s~ ~~~a ~a~aat ~aitiu~ t~ han, ~ ~ . ~ ~ . 1~ ~ ~ ~~ ~ ,~v~d tc my house is 1~~gr the only 1~ r~san that ~I had re~ek~stia ~bo~t ~rpviag ~ w~~ tie 1S off ie~ It gas horread~s. It wasni t h~irendovs. It 1~ heavy. it's harreadaus. Ia ~~~~, g~and~ughr 1~ I, with e~ fill m~b~r~, w2x~~lkia~ fry Oak 1S ~ dta~.wb~ ~e ~~s s~ra~k bg a. university student 1~ ~tnrain~ i~ft, an ~~ fray ~a.rreil. Thai heaFen~, thank d ~~ she was Hat seriovslp ~in~vr~, ~t that Id haFe been a ~1 .trsgia endia~F~ ~~ ~~ ~ ~ And, wit I seer that need to leak acad. ~~ I have ~ seen all kiada of fi~a~ ttlrOWp ~at~ A yet mdt ~~ ask tyre ix~ity psidt bk ~ bit I ~at there ~~ i~ ~41~t. ~~, 4~~ st~de~t$ et the ~iv$~ty of l~rth Te~~s t ~ A~~OCI~~ DE~i~t, T~ ~. ~~~~~ ~~~~~~~ 1 .~ I.~ 11 1~ 13 1~ 1~ I~ 17 1~ 1~ ~~ ~1 ~~ . ~ .. ..~ this year. That is shout a ~~ percent ia~as~ f Shen x~ moped b~xe. A ~~ ~ pent i~are Trot's mope ~rs, fiat's .Hors gedeatniaaa. ~ ~. ~ . . ~ I did ~~ resear~ that said ~~ ~ar~ent of the stv,dents enrolled in earth '~~as da aflt live iA the ~it~ df De~taa~.~ y ante, c ~~ t ~tre and ttiey Ibary Strut. ~ It i~ ~rediated that in ~~15, 1 b~lire~ ire will ~ ~~Q sd~ats st e Qaiversitp ~f Z~as:~ Ihat's more oars. That's.nore pstrin. ~ ~~ ~. ~ ~ ..~ Dant~n i~ tie ~~~ stest g~~ city io the traple~. ~e sr~ jai t~ have r~ ors, ~e e ~ain~ to have mare pedestrians. I thins it is ply . n sease~ tc see that his ~rcpasal -- it is act . sriarq Ctrs gait t~ a~i t~ a p~dtri~- fri~od~l~ area that+ .e~atu~11~R is doing to sink the tnsit ~entsr through the downtown ~rridaz t~ ~ai~ezsitp of Tens. 'that liol ~Oes right ttima~h ~ n~f~hbcr~cod~ Sa there is gains to be a lat pare traff i~. ~y time ~ is up, Plsex I k y ull to Ong . his prapassl~ ~~ it studs, ~iaak . 0[S~I ~TRI Thank you very ~~r. ~ ~,~ti 3rfa~, ~slty, up nit.. ~ ~ ~. T~I~S; ~aad evenings isaianers. ~ nay is Kati Trice. I have been a resident of I~ntan far STF6l ~ iTBS ~~ ~~~~~ a~5-~~~I ~~Ai~NI~~ AND I~TII F~~J ~ES~I~Pi 1 the past sral bars end a ~t~d~nt far the last wee ~ ~~~~, . ~ ~ ~ Regarding the S~e~if is use ~er~it far ~ ~e ~ ~hs~y p~~ I thick it is in e best interests ~ of ~ stadents af` the Cityf as rill as the neigbb~Zhaad ~ cr~nitg snrr~nding the Fry Street area and the ~f sitazs 7 that visit ~e St any, ~~ well+ y wfthin the ~ ~ ~videlia~s that the City has already set vp far a ~ pedestriua-frfendly are, A drive thrpu~h ~~ this paint 1~ Auld be ~ hsaard~ csid~ring t the reads are at i1 imum ~~pity. ~It is ~ risk to the strians~ which 1~ gill salt' ia,cse~ farther ~~wn the line as the a~de~t 1~ pp~ulntiaa gr~as .at a ~~i~ersit~ of firth 'es~ and as 1~ the pity of ~nt~ grc~ i~ far based an safety of the citizens of 1~ ~eatan+ and the stud~tt p~pulatian of ~e unfit~~ I ass i~ Y~ ~ reca~end denial ~f ~f al Os~ ~e~ft. Thnal 1~ you , ~~ i ~ ~ . I$~I ~iTRI ; ~ Thank very m]oh, ~ ~ 1. ~I~~L.~ ~ , fair ~ metes of the ~1 ~lsnniag ~d 8~ ~C~is~i~n~ i want to thank you y ~~ for Yap tip ~t~is ~~ that y~ bee a mY ~~ nei~rs and ~ my fellow c~€raed citi~ena~ I, o~ ~~ dike people that ham apak~ bef are ~~~ in f sv~r of ~~ lity develapt, at the I~alr~-Oak-~'ry end of a~ ~T~~F ~ 1~~IhTE~ aEbi~ ~ ~ ~~~~~ a~~-~7~~ . ~~ 1 amity. And I pant tc strass that na~t of vs that I ~ hage herd this eveni~ want to f r d vt y t~ ~~~ ~ for ~~ ~t d~icptrt aaU1~l passi~ly have in that i .~efghbaY#iaa~, ~ hs Y~ n tell, fast cf the pule that are 6 dfsssnt~n~ fn gay, sit ai fad are mostly 7 ~c~n~ezned alit the dri~~ t~k~rau window area and t it ~ createdt and its can~ra~ for $a~aty+ sad t~'sffict 3 p~rking~ ~d the ~~er iin~s that gc ala~~ ~i#h tit, . 1~ If I could, I wed life t4 speak fray my 11 notes, You have been honored t~ se~v~ ~ tested ~dFis~r 1~ t~ a~ aca~mfty becease of yaun tfteless ~~ graven 1~ ~a~ait~t acrd ncern fir air nity~ ua~ your 1~ uaderst$~ing a~ ti~nce +~~th the ibe~ete pr~ce$s of 1 ~ self-g'avert, Ind thet i s ~tstir~s ~tw~rd ~d 1~ ~bersome, And restated ~ilities to lk ~t. 11 l~~r, the a~plar issues, and seb ~~ that' relate to . 1$ pity growth and fatuze in the fora ~f delap~nt des 1g plans and regi~l~t~afls~ end the q~estians -~ to ~ . ~~ estian~ faster ~d proaate ~aad deaisiaas t will ~. ~1 a=s ~~d p~~te~k a~ tf ~en~~ ~ pity, ~~ future fc~ pears t~ ~~ ~ ~ ~+ as aiti~ns, and our nei~hbars dO tint ~4 fear year tenacious west ~ fir tk~ hest ~ results f ~a ~~ ity~ I~ facts .we we1~o~ lt~ ref like you, plan ~ ~?~FL~~ ~ ACTATS~ ~Fif TF~PiS ~~~ ~a~~-g~~~ N~VE~ER ~9~ ~~7 . 61 1 ~l~ving ~ leg tine with t r~~ult~ ~f #~i~ ~~odati~n ~ ~~ pert cf the decisioa$ Yap sake here ta~ight, ~~ pant 1 the best ter auz igh~Orh~od and au3 uait~~al cur ~ ~it~, ~ deed a valid t~~ff1C stt~~~ end havr+ 6~ ~ ~n ~one~ ~~ od a pr~fessz~nal ~d ~ali~ drive .ttir~ugh . I stuff, and we have s Wane, ~~ need ~ ~~ed~trlan inp~ct ~ study, aid have none, ~e n to Shp an ~ already ~r~ded parking yea hay tw~way traffic. ~ uee~ 1~ ~~ ~y the give ~t~ two lanes black the 11 tea parking. ~e n~ad to kno~ y the .faat try#i~ 1~ f~rr the pa~kiag lit hoe ~ arose the ink 1as. ~f 13 ~ traffic. ~ need t~ ka~x why the eg~ss txaf~i~ from the 14 per~ng lot is~ ~ nlld ~t the a~rner by The ~arl~acr, la ire only h+~ la,~es ~~ sts~kipg ~e ailcwed before the 1~ light at the ec~ess. Re geed to ka~ and be aura ~f tie 1~ ~ ~a~t that the delivery ticks Chet liner t~ The rkscxew 18 blc the gi$ual to ~~ ~igh~ Yea ~t~ld e~t~ss fry that 1~ ~g lot ~~ yvu ~ann~t .see d the street, ~ . ~~ ~e Ild to l~k at~ ~e It as .a . . 2l while. ~ Wend t~ ~sld~r ~c facts of t~ safety ~f cur ~~ u~unity, box it lm~aa cur itf~~ rli2a tl~t ~3 with~vt the drip thruagtr~ here i~ n~ It is ant ~~ ~ey. ~ it ie al~nt the deval~per~s ability t~ fund the ~~ pr~~t that all~s big to put in whit ]~~$ ~testing. ~I 5~1 ~ SIFT ~ a6Nif T6 ~g9B} ~~~-~~~~ ~~ 1 ask ~~r ~auF denial of this ~pr~ect. Thank }rou nom. ~ . ~ CSI Tbsnk Y~4- sir. ~. 3 there are Chart u~re ~rkad t~ ~~ ~ have ~d ~ 4 Carol S~ Brisa N~rrisan~ Vicki M~rsi~ri~ Lillian ~ . Bright, opal ~ttr Chris lttipleg~ Fry Sheet T~Fe~~ . 6 1ington,F~lneyer~ Fetez Hawkios~n~ Dolure$ Va~ut a~ . I H ~aper~ and Riiar~ Sales try Sales and y B ~i~d~x ~ ~ ~1 ~igne~ car ~iag this Iat, 'fat 9 pretty well ~iv~ a ~~ ~i~utes f~ aitios~ The 1~ ~etitium~~ i~ granted l~~ niaute~ f~uc rt~l~ s nit 11 ~f~ . reb~ttai tf me. 1~ ~ ~ ~ Al l zl~ght. ' pre$ld#ng off it clones the 1~ ~ pvblf~~ xi~ ~~m~f~ex the p~li~ heazia~ ~lcsc~, . 1~ ~ ~i~scasa inn; ~ ~ . 1~ ~ .CCSI Tom: I have a ~eati~. 1~ T~sr~~~ y~, i had a ati~R aid T heli~e staff 1? working on of it as ~~ 4 of whiff is, and ~~ ~ this is the ~airaot apt -- and°f have been d there ~n}~ I4 task Ifn just drying a blast right ~~, The currant ~~ wit frc~ ttie drivy is uazrently as a~~stinq ~i~, l~ it ~1 ~ n~t~ ~y, ~d the -- ~~ ~, Y; ~w r~aey e;~i~ting entran~s and ~~ , exits a located ati ~~y ~tzeet cu~rentlg~ before ~~ ~en~liti~ oc~rred~ ~ ~ .~ ~~ . ~ ~S, ~I~, Tta ~~rant areas that l am ~~ ~l~~7 J~LVL fYSJi'111V~ 15~1.71J ~~~~5.~1w ~3 ~ sh~wiflg barn ahaul~ -- this drivy has been ~ elimi~~t, 'his is tie e~istia~ one that would be -- sa ~ drive h d u~ appr~imately a~ haze -- I am ~ s~rry~ I ~ lasi~ ~ai~, ~ ~~ t~f ~ i$ the stingy . ~ ~na~. This is the dri~e~p t i h ~ir~led an ~ ether ~ let's ~~e{ ~ h~r~R that d Q~t nit ~ re~air~nts. ~a thew ara ba~~~ally i~'ti~, thi~t this, ~ shier ~d that. . ~ IIS~IR I~YP~; i have a gue~tian thin 1~ abut grata if u gut tit ~ cut -- gf~e roe the 11 sits plan ba~~~ ~ksy~ Su this gl~, whiff is witted as i~ the mast up~ted site flan -- 13 ~ 1~.51~~T0~: Yes. ~ . 1~ ~ ISSI~I~R LY~6:. __ it still ia~ludles 1~ that curb ~rlt fat have said tit ia~ri~ pr~ba~y 1~ gill nit ap~ZO~e mining. ~ It gill be ruined ~ Blase 1~ u~~ ~a if }rou ere looking at traffic p~ttern~ here 1~ leaping this ~ gut in presuses that when people c i9 ~ throb the ~~~ thraagh that they will leak at two points ~~ cf pe~ti~l egress. old ~~ ~ $tt~ here . ~l could make a ~ left ~~ make a right, ~~ then this ~i~e ~la~ ~~ aLlcws us t~ Mink gist gars will he able taf ~als~+ ta~~ ~~ that e~~~~ ~los~ tb Tie ~OrtSCrcw ~r go *- okay, Ba~aase ~~ this one per here will have to be bath ia~ress and -_ ~~ , ~ dart. ily~ if thin S1~~FF~S ~ AS9CCE~ ~# T'~ ~~#~~ ~~~-~~~7 . ~ ~ ~~ 1 ~~es aye ~ ~ sthin~ else will have . ~ ~~liS5I1~i~ I~Y~~ inn that starts to mete 3 t paskinq I~t pare cauges'ted~ And Mere ie a potential ~ shares sin this is ~t ~f the weg~ if we~ have -- where ~ ~iil tie garbage t~u~ks get otitt if there a~ peap~e in the ~ drive thr~gb? ~ ~ ~ il; If them ere ~apl~ ~n the 9 drive thr~ugb? ~ ~ ~I~IER LYA?: light. ~f the garbage 1~ truok~, ~1~y, y~ ham gat y~r rsor r the ash 11 -- ~ . 1~ tT~N; C~rre~t. 1~ II~SIOl16R f~; ~~ tag will back app 1~ out+ ~n~ gc -- ~ . 1~ ~ ~ ~ ~H6tT~N; I€ t is e~iat~rg there ~r ~. 1~ ~~SI ~Y~&; veil, that ~uae n't be 1~ isting~ So thy} will be had per hey ~lcating~~ . 1~ All right, They pan ~~ nut Fry Stmt, But if there are 1~ ~ ~ ~i it they Ming ~f ~ car #~aff f~ where the ~a hasrdi~pped parking is right ~ here? potentially an}~na ~1 ~n.ing apt ~f the haDdi~a~ped perki ~~at~ will running ~~ the gauntlet of gars d garbs trucks. ~ . ~~ i1B RAC; I hear tba safety ~4 ~4ll~e~ but the uQe that I did ~t heap, that ~ e hit ~5 herd fir a longr ling ti~~ why da all~~ perking an ~ ~ 9IAT~S 11II~l~r T ~94Q~ ~~~-4I~~ x 4raL~~ ~~F 6~~ 1 ~~ Stre~t~ g].ease« ~~ we ally psrt~Ag ~A ~~ ~treet~ Y ~h~ i~ hsr~. Re are tal~~~.g t safety's sake inside s par~inq lit, I ~ ts~kisg abet paring on a r~ghfare, It has Hex ~ha~ged. ~iak~ryt thug, ~1~y. N~w~ ~ am Hat talking at~ parking ca both sides.. I ~ tilting out~~ri~ht here. If sa€ety is a ~anc~ot a~ad it~ isF. but if it~ is that ~g~ s oae~~ hay ~e park $ rigs t~xe ~ ~ trqu~f~re~ . b~~ ;~. I d~nft have ao am tO thatt . ~~ ~ h~p~g ~~ it~~s.. a rhet~ri~a~ etian~,~ be~aus~ ~ dbD~°t have as a~swex, S~I~NE~ ~iTl4T~: a~~ts~ ~uss~an~ SCI THE; ~~ aft I sdg i$ we love t~ leis ~ of reps than what ~e had ~r rrtiy ha~ fiat's wit you ~ ~oming~ap ~it~~ also? ~ ~ 5'!~'t'~1; Bell, ~rre~t~ yes, ~ ~ .. l°~S~I ~; ~ ~~~~. i'hank per. i gas ~nst tx~i~~ to olarif y that is my rind, . ~ ~ .~I LYE: Reil, I~ri already kna~s ~ disagree pith her decision that pedestrian traffic wunrt affe~t~d~ .And the yry Street fall Area Play ipt ~vt that i~ 19~g t this as ~ alry ~ trtly ~an~eated art. d ~ },ten m~l~ing the art that t art n propose that that traffic ~ is going to he thene~ anywaY~ people are going to ~ to the pherm~~y~ SF~~ ~ ]IATES I~R'f~~ '1'E~~ .~ ~~~~~ ~~S-~1~I '~ I .~ 1~ 11 1~ 1~ li 1~ 16 1~ l~ 1~ ~~ ~l ~~ ~4 ~~ lg 11~ 1~ l~ l~ 1~ 1~ 1~ 1~ 1g ~1 ~~ ~~ ~4 ~~ pule are geitg to part. fat then they are wing to bask in t~ir ~arsr ~ have -- I argue that it is a diff~r~t laentalitp~ . .. ~~ sba~y el ~dy hraaght.t]~t v~, That when ~av are ~in ynur gar, yav are a drives ~ If yQU . hate. td psxk yon ~~t lease your r, ~ y ~ pe~trn~ ~~ yon n~r~ ~f~~ful ~f ped~~tri$aa. r de ~cha~ sll the sentiment abut the safety far the ax~a, sad by guttia9 the drive ~reugh in. Aed why I ~ l~~ting at t~~ i~gres~le~rs on Hictyt f see any mtmher of ways that a~~idents n happeb~ parkly a~s~ of the gars Bart erg{ gut if #liare is s potential fir Hating a left t~ra i~~ that ax~a f r~ the left leas, tin tbar~ is a potial for sbodp opt sad ~isg. a~ lsf~ taro Eras the develt an to Hia~ary~ And, , s, thane ~a£s ~aill have to nge ~t~ the silt ~~ start getting inta~the pede~trisn right-ef-way in car tc even see -- tv see they can ~k~ a safe passing, l have disagree t this is nit ~~ing t~ affect gstriaasr t it is 4~ ~~ still a ~edAI~~4-safe area. . ~ ~~2 ~; 2 eve eoe ire ~ueati~ar ~aad it is ~f ~s Loper, if th~t'S dll right Is #~ drive thran elated fur 4 hcurs~ 4r des it have a linit~d time of ara~iav? ~ A~PLI~AIq'I: I don't hags sn a~sx fay ~7 1 you ~o what theiz operational plans are, ~ ~ ~~IISSI Tom: okay, Is ~e pharmacy ~ open ~i h~r$, like molt ~f ~e~ - ~ TIC ~PpLlli': I thr'~k It is en a ~ase~ . ~ ~a~~ ~~~~~~ 7~ 1S ~~ ~~ ~1~~ ~ ~~ laws haa~ '~ ~~Ip 6 ~perate~ . ~ ~ ~(I~SI Tom: Thank y~u~ B ~I~5I ~'~#: I di~f t realise we ~ had ~ CAS re~a~ve hire, 1 a,~ avt sore if itf s -- I ~~ guess public ring is agar, it~~~y~n~~xg~ ~1 sing s ~f the coax that the ~itins have ~f conrset I #hink it's a Meat pr~Jt~ ~ I lk fdrd to 11 haying that. but ~i~n tl~t~ you Mawr 2 tno~r a~ enly 1~ va~ing fir ~ oo the ~ri~e through ~ ~t ~fvea 1~ iasae pith the orb t ~on ~e $~rthwest garner the~~ I 1~ thiat ft int~~duces a w~vi~ anther set of pr~~l I 1~ ~u~as - I hate t~ vaoillate+ hat is it passible to go t~ 1B ~ the ~awfag bard with the de~el~p -- I ~ Stith DVS -- 1~ $nd see fat ~e ~aa art ot~t is te, of -- I know they ~~ have said absolutely a~t~ this will apt happen if there i$ ~1 net a dries thr~u~h~ but there ~ Grp few ahs~lates when ~~ zt ears t~ busiaesa~ I ta~a this ~~ ~. ~ ~o~ you kn~ my only prod is ~e ~nrns ~i of safety that we hava~~rith the dive ~rh, ~ ~~ i junk ~~ f lid we have t~ rata ~r c~i~c~ bere+ and I I~ve a a~ 1 pra~~l~ with that '~ ~ 'lHE A~~~~; ~aa. I address that? 3 ~~I~9E~ FAST ~ tr.~ff i~ nway f ran the interse~ti the lr distance a ~ ~ not fall into a ~~de violatia~~ but ~~ we ~ ~ in a ~ aimdla~ ~it~ati~~ doxa here r~ ~ are ~r~saiu~ traff~~, ~ O , after ~8 ~~ths~ and baking at this ~e }~rdf and ~ Doting at all ~f our ~ptionst felt t ~i~ was tie 1~ beet way to itr Avg if we needed ~haage its 1~ ~n c~xtai~ly de s~~ but we fl v strongly alaaat this, 1~ and our traffi.~ engineers and our aitnts and engineers 13 have iaal~d at itr ~d , $s xell, who is a*u tenant and 14 ~~ is going t~ ate this $t~re gut heze and kn4w~ they . 1~ husin$ss bite will. I hope that sight give you a~ ans~er 1~ as to what see of the ~t ions may be ug he~ l~ [~~IOlgBR LY~~~ Se pau ere p].aaaiag an 1~ asking the -- ~lll t be a~ ADP or a varianre to h$Fe lg fat ~t gat ia~ ~~ ~~ SIB; It is a suhdi~isi~n variance, ~1 iIS~2~&R I~Y~E; ~~ld that Ye~lre a ~~ public hesriag~ ~~ ~ ~ ~ F SII~LT ~o. ~~ ~ 1I~SI16~ AN~~: hher~ would you gut ~~ it is -- h would t h~1p ~~t away fry s of ~e __ S~}F~i~ ~ P,IA'~~ . ~ a~ ~~AS ~~~~~ ~~~-g~97 ~LA~NIN~ ANA ~~NIh1C REC~~1 ~~~~IQa+I ~~~~ ~.4, 2 0 0 ~ 1 ..! 7 14 11 1~ 1~ 1~ 1~ l~ 1~ 1$ 14 ~~ ~1 ~~ ~~ 4 ~,~ 59 ~ ?~ AFpLIT~ ~all+ i~su~ with t~ia ~riv~ ~vt; ~~ is tea ~ta~~ t~ 91~h r`ee~. ~~ if ~+r~d this to an in-a~Rcut, as cgposed to ane ways then ~ old ~at~fy that runt, ~ ~ . . , ICY: ~n that tie graa~~s f cr ~llpwfng that~~drive t ~a tit aurr~t Ia~tian~ given t it s oat meet coder wild he what R~ul~ l t~ yak t~ F ~. ~It woald he -- if staff su~arts its it is ally put 4p a Caveat Agent, If trey axe reca~nding deai~l~ it is en its f ~ ln~vf I Hof r~ti~n t ~u~t li~~ ~n F, . ~ S pros{ . ~, I+qC~~'; Th~k you, . .~ ~ CSI IIl~: I think mast aonaents tit I h~a~d h .ta ~ with the fact with h~a fast ply dri~~ darn it ~~]€ and ~ri~~ as ~~~t l~i~l€~~ It d~"t ~m t~ hay ~ lot t~ d~ w#th p~apl~ pulling gut ~a Fry street. And mast of the oomparisans were talking abut lini~ersitp Dri~ef which is a ~f~er highwag~ has a whole -- lit hi~r traffic ~t thou tai two ~tr~~t~~ ~ though these do h$ve ~ high tuff is aaant ~ San I ~aa, i ~ is ~ lithe ~i Paintr nit to t point. A~ . that"~ -- for men I dries dawn those st~reeta, tea. ~~~ ya$ ~ tbeg ~ qn fast, And ynu have get to gc fasten I ~derstaa~ that. but neat of cancers is f rust~ati~ ~Q 1 pith ~ TA~re ie I~iveFS itp ~n o end, the~e~ s ~r ~ d~mtawn an ~ne~ end, thesef s a highway ~n aDe ead, Thy .~ 3 i~ ~~p~lf ~~t at an~th~r gad. It is ~ ma~cr 4 tharaughfare, and it his tea, It gas f sort of ~ huxlt ant ~ ~ w~~~ and it~ bec~ that, .And it was that wad when it 6 ~ ~a~ what it was p~e~islp. And it was a free-fcr~ll i.a j 1 the r~iag dot .and t of ~ the parking ~~t. B .. ~~ Andt ~ ye$r t have been to el~t eoy pie 9 ~a F ~t~eet~ sadR ~f ~ lovki~q forward ~ $ee fat 14 Haight be there .in a future. 11 ~ ~ . ~IOt1F~ THC~~; I a.grae that there a~ 1~ ~ ~ lax~e nor of traffic-l~ted aaern~, xt i$ a 13 highly-p~p~l~t~~ ara~~ llighly-traffi~k araa with t 1~ ~ampu~~ And one of the t~i~g~ that I ntinually hard 15 w the thins than to met l~tad t~ pule 1~ - w ~naera~d abut oar pile who w ~g t~in~~ 1~ that axe outside of ~o~e of ~urr~t 1~ right n I 1~ heard maple talking shoat pile jay-calking aarasa the 1~ st,~s ~ ~i~t's nab ~e tern t was ud# but that' ~ the ~4 ~~casa: ~ have all bean a t~er~. tav~ all die it. ~1 ~~ ta~~ heard abut p~apl~ who aye walkin aid late ~t ~~ .night undex tha influen It is find of lard to sign ~~ ~ ~nythiag t~+ ~ k~0~~ g rfd of that That fi~~ .~f falls ~~ an~~ the police pers. ~~ ~ And we have all had to de$1 nth the illegal SybFI~S~ ~ ASS~C~iTFS Dll~ TF ~ ~~~~~ ~~5-~~g~ PLANt~IN~ D &~N~N~ Fk~LA~ ~~I~ ~1 1 pkiog ag a~ dawn Cak Street. #~ainr that's nct a ~ el~p~ent a~~a~, A 1 of th~~t fall$ under p~1~~:n~ the ~ straets~ I ~ nct dying to pat thi$ let~ly off as i ~~~ ~oli~~ artr~n~ ~t it dces appear that ~ ~ ha~~ ~ same lasses thane that Aeed to dressed Tie gas a ~ i~rnd of applaase when ~hairn~ Aatl~in$ was, fax a short 7 pied ~f ti~~ nisaaderstd ands you ~~~ erY -- ~ why they tit he ~aa talff ng ah~~t parking an Cak ~ Hi~kuiy~ I this the ol~ ~ ~t~d into Plaa~~, I l~ d~'t tl yam. I have g~n~ to s~ s fri~ada ~ ~k ~1 and l~akary numerous timesF and ~ art Ylght, Boa ~aa't 1~ get to h~pse, ~~ Thatts a little outside cf what this is a~I ~~ ~at, ~It i~ ~ highly-acnsta~ area ~ It rllp i~. Hat 1~ the a~ s car things thst~ I fly pally ~ ~ ~~ 1 ~ in tai s ass a to take sane of ~ of that, Anil if it 1~ is p~liciog the streets a little hit better, X11, b~ 1~ that's what w~ all na~d.t~ talk ~bt. ~ . 1~ ~, 1 I wander if I aaald hri.ng ~ a . ~~ ~ ale ~f ~ra~edural thugs. I notice fat th~~~ ~is .a ~1 little hit of a difficulty pith ao~~ ~ au~ h ~~ and ~eaifng ~ ~tioa ~o vote nn. There may he a ca~ple a€ ~3 issues here that, for the hepit of the air and tl~ . ~i ~a~isaic~rs~ why is rt~inly that as part of the F ~~ p~s~ we ~ fallo~ing ~~nin~ standard of the Cade. ~21D ~ ASSDCIATF~ Imo, 'i4S ~~1~~ ,~~~-~~~~ ~~ 1 Which ~a~s that this is nerelg a recom~ndaticn tc ~e ~ ~it~y moil 3 evert io ~ ev~at of a aagatlve ~ r~o~m~enti~ ~~ the ~l~ning a~ ~~ning ~~isaiant it ~ old t~ici a supor n~j ority re~ireneat st the City ~ Coun~fl level. o is $~ degree of weight riding na ~. thfs. I~ als~f want t~ pciat cuts because thane has~~t ~ ~e~ any dis~si~ ~€ it to this pointy t>~at alu ~ fines ~. ~ pr~vi #~t the ~ptia~ of plaag a~n~tions n ~ 1~ ifia ~ t user Samson , ~+~ of the ~~taa 1~ il~ing Oda, It nay passible to impose soae 1~ Baas upon a eaial use pernitf or as part of the t3 renmrer~dat~anf ~+hi gay ar ~y sot a~~e~~ of these l~ issues. Fir e~amplef there is a rasended avnditicn for 1~ raguting or limiting the na~nitu~ ~f traffia generated f6 regulation of ve~i~ular-pedestriaa ingress and egressf and 1~ r~gul~ti~ of haur$ of opernti~n and aandu~t of sin 1~ a~tivities~ 'there ~y utxs tb~t app1Y~~ t the liat~ 1g is c~taiuly not e~hhanstige, Sat it nay he one additional ~0 asi~eration that rip be of assiataoae t~ the ~1 C~om~ssioneIs as you pund~r this point. ~~ II5SII FA~T~i; Tank y~u~ Hr, ~~~~r . ~~ fir keg tlt pout, f~ ~~t11y~ had a q~osti~n about ~~ that aanr~img -- we are nit the tr~ffi~ s'afet~ ~ ~ . ~o~ai ss inn -- hat nning a~ tie ~ limits an ~T~F~BI~ ~ A~IATF . '1i~ ~~~~~ ~~~-~lg~ ~VEI1~ ~4~ ~~'} ~~ ~ ~ ~ ~ ~~ 1 ~a~ and Ilick~zy and dry ~t~~t, far that A~tt~I, as ~ ~ ~~~ftian of this ~~P, I s ~ that ane that ~aul~ he - I ~~~ ~ ~ v~l~per d~~$nf t h~ ~~t~~ r th$tF 4 ~ ~ ~~ ~at~s ~i~ely it~ 'fit quid ~ ~~ $in~ ~ just lily t t~~s end the ~~g ~n ~t 6 . ~ 5tre~etr tlt~se ~ ~it~ rl~t~ry ts$~~s .end ~ I d~ela~er d~~~n~t eve aay ~~ntr~1 ~ r tl~t~~ ~ . ~ I1€~ f,: I h~ bid my light ~n, ~ ~eca~ai~e me 1~ ~~~y. I l~rned ~ome~ing to~ght. I ~i~ ll nit ~ the origin t~~ SQL. I ~i~ not ln~ ghat it way ~~ di~a~d to ails P ~ ~~ ~it~ ~~~ii t~ f ~~ wh~t~ez an atee 1~ ba~~ ire iii ~~f f i~ in it 1~ d~riaq ~e dag. I di~~t t~ that. ~ . ~1~ ~ ~ ~f ~ l~tt~~s ositi~n i~ fry 1b a l~sinesa ~r ~~ ~ay~ that her ~~$tar~ X11 b~f y~ i7 l~w~ snbjt~d t~fi~ f~es~ td~ ~ idling l~ cars, s]~oal~ the ~ri~a t~r~u~h ga oa ~ 2~d I ~uat ~~n}t 1~ that. TIC of r ~a~it ~~Y~ a h~g~ r~l~ ~n ~~ di~i~n t~ begin the S4~ prase ~ f p this ~itueti~a f n the ~1 ~irs~ pace. I ~ SPY to that. ~~ ~ S~I~ ~Il~: ~y ether cants? . lISI ; . I think embody h~r~ ~~ ~ f s big ~~tst in ft~iag gut wl w~ are g~ia~ to ~~ d~, ~ ~~ ~ ~. FI' ~ 9Q~I ~ ~ ~~ TF ~ ~~44~ ~6~-~I9I . ~ ~ I4 ~1 . .. ~ SCI A~F.I~S: ~n ~o t~ ~~, ~ .. I X45; I ~v~ld lily t~ yell ~ the guesti~. It is ~ fir a ~~, I set that here's 9 ~ . ~~~ a nor of thins, th~t.ha ~ d~ ~~~ rage ~s~s ~ vn t s~e~t+ it i~ oat ~erf~ct{ as ~a ~nenti~ned tani~t; ~~ ~ ~t t see a viable de~elnt for u~an T~Aeit I ~ weld lid ~~ -- I ~ life t~ ap~~ve the SOF, 9 BSI ~ATf~N~~ ~I~t'~ ~~~ I~ I ~ have a secoo~? ~ . ~~ ~ ~ ~ ~ SSI I~~: I ~ec~a~, 11 ~ . S~I~ER 1~T~I~~;~ 1 ~b~l~~ . ~r~Wln~ up io . 1~ ~ that igh~~ho~d i~ 'COs, lade ~'~~a an~'4~sr ~d 13 ~are~. they are talk~n~ about pitting ~ gh~y n w~S a ~~~ ~I1~Lf 8~~~~, ~Il~ ~~ ~2~1~ lea twc ~~~ CaIdB, ~ 1~ ~m t prFty and t~ here t ranin~, ~a I a~ ~~ing 1~ t~ ~ ~~ vct~ fir #~~ matian, Any ~t~er nt$? . lI~ ~ ~l~ase ~~te ~~ ~~r~. Fi~~ t~ aa~, ~ka~, 1~ ~ ~ ~P~li~ hrir~ ~lud ~t ~: ~0 p~m, ~ . 1~ ~1 ~ ~. ~~ ~~ ~ ~~ ~. ~ ~. ~F~S ~ iCt~TF~ ~ ~ ~r TERMS ~~40~ ~+~~~? ~~N~~N~ P~N~ ~~ATFN~ 1~BL~JLAR ~~SI~i~ N~V~MBER 1~, ~~~7 s;lou~ documen~lordi~cesl~?1s07~000~,~~c DRDINAN~E ND, AN ~RDiNANF1 ~F THE CITY DF DENTDN, TExAS, APRRD A SPE~ZF~ USE PERMIT T~ ALLD A DRIVE TRHDUH FA.ILITY IN DNJNTIDN ~'TH A PHARMACY, DN APPRDxIlVIATELY ,$~~ ACRES 4F LAND, GENERALLY LDATED BETWEEN GAK. STREET AND HYKDRY STREET ~ BETWEEN FRY STREET AND ELH STREET; PR~~IDIN FGR A PENALTY ~N THE AMOUNT GF ~,Oaa.Oa FAR V'IDLATIONS TI~ERE~F, EVERABILITY' AND AN EFFECTIVE DATE. ~507~ O~OZ} HREAS, ineann Associates, Iric,, has applied far a Specific Use Permit to allov~ a dri~re through facility in canj unction .th a pharmacy an approxix~.atexy 3 . S a~ acres of land, generally located between Oa1~ Street and Hicl~ary Street and between Fry Street and welch Street, and legally described as a tract afland in the E. Puchalski Surrey, Abstract Na. 9~6, Lot l I. Boyd Ridgc~vay Addition, and Lot ~, Blacl~ 1 of the Loveless Addition in the pity of Denton, Denton bounty, Texas as set Earth in Exhibit A, attached hereto, and incorporated by reference herein the iiPraperty"~, and WHEREAS, an November 1 ~, ~0~7, the Funning and caning ~anunissian concluded a public hearing as required by la~v, and recanended approval ofthe requested Specific Use Permit; and 'HEREAS, the qty Council .nds that the change as cand~tloned below ~s consistent 1th the Denton Plan and the Denton Developrrient fade, particularly the criteria set forth in Subchapter ~; NG, THEREFGRE, THE ~DUNGiL OF 'THE CITY DF DENTGN HEREBY GRDAINS: SECTION 1. The finding and recitations contained in the prearnble of this ordinance are incorporated herein by reference as true. SETIDN . A Specific Use Permit to allow a drive through facility in conjunction with pharna.acy i~ hereby approved for the Property, sub j ect to the site plan and conditions set Earth in Exhibit B, attached hereto and incorporated by reference herein. SETI~N 3. If any provision of this ordinance or the application thereof to any person ar circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SETIDN 4. Any person violating any provision ofthis ordinance shall, upon conviction, be freed a sum not exceeding $Z,OOa.a~. Each day that a provzsio~ ol'this ordinance is violated shall constitute a separate and distinct offense. s:laur locumer~tsl~r~inancesl0?1s~~~D~O~.doc ~TI~~ 5. Th1s ordlnan~e shall beca~n.e effective folteen ~~ ~~ days tom the date of Its ~ . assa e, a~ad the pity Secretary is hereby directed to case the caption of this ordnance to be pubilshed tvv~lce in the Denton Record-h.ranlcle, a da11y nev~spape~ puhl~shed ~ the ~i~y of Denton, Teas, ithxn ten ~~ 0} dais of the date of its passage. PAS ~D A~.~VD APPR~~ED this the ~ day of , ~aa7. P~~RY R. M~NEII~,IVI.AY~~I ~.TT~ST: ,TEN~E'~R ALTER., ~'Y SER~TAR BYF APP~~ED A T~ LEC~ PAR: s;lour docutnent~lor~inance~1071s~?~0~02.doc ~~~1~1~ ~ ~i ~~. .~~ __ ~~ i ~~ ,f m ~\ M i ~,.. ~° 1. ~,,~ ELF AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 SUBJECT A07-0005 (Clear Creek Natural Heritage Area Annexation) Consider adoption of an ordinance on second and final reading, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 1018 acres of land generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 3 80, (Exhibit 1). The Planning and Zoning Commission recommends the annexation proceed as presented 5-0. BACKGROUND Applicant: City of Denton Denton, TX An annexation proceeding is being considered by the City of Denton for a portion of the Clear Creek Natural Heritage Area and Greenbelt Trail. The ownership of the property is the U.S. Army Corps of Engineers. The subject property is currently developed with a Nature Center and a Trail System. The proposed annexation is being initiated by the City of Denton. Annexation of the Clear Creek Natural Heritage Area site will be addressed in two phases. Phase one will consist of the western portion of the property in this annexation. This will bring the Nature Center and all areas currently being used for education activities into the city limits. Phase one is generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road and north of US 3 80, (Exhibit 1). Phase two will annex an area north of this annexation area up to Elm Bottom Circle Road. This portion is also subject to the Wildlife Management portion of the City of Denton's lease with the US Army Corps of Engineers. The following items summarize the proposed annexation and important actions taken: ^ On November 1 1, 2007, the Ordinance was published in Denton Record-Chronicle. ^ On November 6, 2007, City Council held the first reading of the Ordinance. ^ On October 24, 2007, Planning and Zoning Commission held a public hearing regarding t e propose annexation. ^ On October 16, 2007, City Council held the second of two public hearings. ^ On October 2, 2007, City Council held the first of two public hearings. ^ On August 31, 2007, staff received direction from the City Council to pursue annexation proceedings for the subj ect property. ^ The subject property 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 100 Year Floodplain and a Neighborhood Centers land use designation. ^ The annexation is scheduled for completion on December 1 1, 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 Demon's ETJ Division 1. As such, development is subject to only the City's subdivision regulations and not zoning regulations. The subject property is not within a platted lot; any subdivision or reconfiguration of the subject property will be subject to the City's subdivision regulations. Incorporation of this site into the City would not require additional properties. Public notification information is provided in Exhibit 5. As of this writing, staff has received twelve (12) responses from property owners within 200 feet of the subject site, eleven (11) are in opposition and one is neutral. On Thursday, October 1 1, 2007, the Planning Department hosted a neighborhood meeting with residents adjacent to the proposed Clear Creek Natural Heritage Area Annexation. A summary of the meeting is presented in a Memorandum, attached as Exhibit 7. nPTTnN~ 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Planning and Zoning Commission recommends the annexation proceed as presented 5-0. PRIOR ACTION/1 October 2, 2007 October 16, 2007 October 24, 2007 November 6, 2007 November 11, 2007 ZEVIEW (Council, Boards, Commissions) First City Council Public Hearing Second City Council Public Hearing Planning and Zoning Commission Public Hearing 1St reading of the Ordinance Ordinance publication 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. Location Map 2. Annexation Schedule Summary 3. Service Plan 4. Service Area Analysis 5. Notification Information 6. Responses to public hearing notice 7. Neighborhood Meeting Memorandum 8. Planning and Zoning Commission public hearing minutes 9. Ordinance Brian Lockley, AICP Interim Director of Planning and Development Prepared by: 5 Ron Menguita Planner III EXHIBIT 1 Clear Creek 1 018 AcreTract 10/28/07 Drown by:Mark A. Lalrtl EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A07-0005 -Clear Creek Natural Heritage Area Annexation Notices to Intent to Annex (30 day prior to lst PH) will be sent on August 31, 2007. Tuesday, 10/2/07 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, 10/16/07 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, l0/24/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation. Tuesday, 1116107 City Council by afour-fifths vote institutes annexation procee mgs. 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,ll/11/07 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday,12I11107 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 could be held any time between December 1 1, 2007 and February 4, 2008. 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 A07-0005 -Clear Creek Natural Heritage Area Annexation I. AREA ANNEXED The annexation area is generally located west of Elm Fork of the Trinity River, east of Collins Road, and north of US 3 80. 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(s) 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. 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 10 minutes from Station #4, located at 2110 E. Sherman Dr. 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 The closest Denton Parks properties to the proposed annexation area are Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the east and north. 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 due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. Code enforcement will also be provided 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 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 100 Year Floodplain 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. 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 and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste or recycling 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. Commercial Refuse and Recycling Services 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 and recyclables types and volumes 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 refuse container with the lid closed will not be collected. Refuse placed outside the refuse container is subject to code enforcement regulations, including potential fines. Recyclables placed in a recycling container shall not be bagged. Container lids shall be kept closed at all times during periods of materials storage (when not placing materials in t e container). 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 There are no water and wastewater facilities in the area to be annexed. 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. 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 SERVICE AREA ANALYSIS AO1-0005 -Clear Creek Natural Heritage Area Annexation The Planning and Development Department has received a request for annexation of approximately 1,018 acre generally located west of Elm Fork of the Trinity River, east of Collins Road, and north of US 380. Size: 1,018 acre Location: West of Elm Fork of the Trinity River, east of Collins Road, and north of U S 380 Proposed use: Parks and Open Space Proposed zoning: Unknown 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 equipmentlfacilities 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 bordered by Collins Road to the west and US 380 to the south. The Mobility Plan designates portions Collins Road as a Collector Road and US 380 as a Primary Major Arterial. Future Land Uses. The proposed annexation area is within the 100 Year Floodplain and Neighborhood Centers land use designations. Existing land uses: The subject property is currently developed with a Nature Center and Trail System. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA -Undeveloped Floodplain, Upland Habitat and Riparian Buffers. The majority of the property is within the 100-year floodplain. Proximity to other service providers: This property is along the northeastern 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. 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 September 14, 2007, and call 349-8328 if there are any questions. Loses Mai ;_ `: ,a .. SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 4, located at 2210 E. Sherman Drive. 2. Estimated response time. 10 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? N0. If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? N0. 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 firefighter to population ratio that can be used for planning purposes? NIA. Additional Comments: Rick Jones, Fire Marshal Person to contact if there are questions September 18, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation 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 Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the eastand north. The Army Corp of Engineers open space property is bordered on the east of this annexation. 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 due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. In the event new residential development occurs in the annexation area, a neighborhood park may be necessary. Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development). 5 acres minimum size. by the developer cost per acre. Recreation Center: square feet per 1,000 population. squarefeet minimum size. cost per square foot. Other facilities Community Parks: 3 per 1,000 population. 30 minimum size. cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? $172,700.00 3 454 cost per acre. cost per square foot. 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 maintenance of the Clear Creek Natural Heritage Center as it develops. additional personnel per 1,000 population additional personnel per 1,000 square feet of facility; or additional personnel per acre of park. 5. Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service); $40,000 per year cost per additional personnel Additional Comments: Bob Tickner, Superintendent of Park Planning and Development September 18, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS Police A07-0005 -Clear Creek Natural Heritage Area Annexation 1. Estimated average response time for this area based on current department conditions: Priority 12 minutes Non-priority 25 minutes Average 20 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 12 minutes Non-priority 25 minutes Average 20 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? None. 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? No. Is there an accepted officer to population ratio that can be used for planning purposes? No. Additional Comments: As this will not be developed with residences, we do not expect our call load to be significantly impacted by this annexation. Scott Langford Person to contact if there are questions September 19, 2007 Date SERVICE AREA ANALYSIS Library A07-0005 -Clear Creek Natural Heritage Area Annexation 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 the proposed use of the annexation area is for parks and open space, the annexation and development of this property will not have a negative impact on library services. 3. At what population level would another libraryfacility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes; 8.7 is the national 2006 annual circulation per capita average for the legal service area population served by the Denton Public Library. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes; according to the Texas Public Library Standards it is 1 FTE per 1,000 population and 1 MLS (Master of Library Science) degreed librarian per 8,000 population. 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 annexation of this property will not impact the current level of library services. Eva Poole, Director of Libraries Person to contact if there are questions September 14, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation 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. Incremental cost only. Personnel. Incremental cost only. 4. 5. 6. What is the typical revenue collected per: Household. NIA Commercial Business Based on service level. Will additional equipment be needed to serve this area if annexed or developed? No. Type of Equipment. None Cost of Equipment. NIA Will additional employees be needed to serve this area if annexed or developed? No. Type of Employees. NIA Number of Employees. None 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: Scott Lebsack Person to contact if there are questions September 12, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? 11,000 feet 2. What type of lines and facilities would be required to serve this area? Overhead line extension of 11,000 feet 3. Are any new lines or facilities proposed for construction to serve this area? No. 4. Are there any potential responsibilities if this area is annexed? Street lighting of public roads 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: Multiple electrical utilities are certified to provide electric service in this area. Electric service by DME will be per DME Electric Service Standards available at dmepower.com. Don McLaughlin Person to contact if there are questions September 13, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 12 inch Location of water line. Lakeview Blvd. & Hwy 380 Distance from proposed annexation. 4,750 feet 2. What is the nearest City of Denton sewer line? Size of sewer line. 10 inch Location of sewer line. Geesling Road Distance from proposed annexation. 8100 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. Size Year Location Water lines No lines planned for this area Sewer lines 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? 18,750. Is there an accepted equipment to population ratio that can be used for planning purposes? one crew per 18,750 population. Is there an accepted employee to population ratio that can be used for planning purposes? one employee per 5,770 population. Additional Comments: The annexation is within USACOE 1135 project boundaries and mostly floodplain. No water service to this areawas included in currentcity master planning efforts. Tim Fisher P. S. Arora, P.E. Person to contact if there are questions September 21, 2007 November 29, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation 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 See additional comments 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). Most of the annexation property is within the floodplains of the Elm Fork Trinity River and Clear Creek, and could not be developed according to the requirements of the current Denton Development Code. Drainage improvements: Existing flooding occurs on Collins Road, about 2,800-feet south of Hartlee Field Road where an unnamed tributary draining over 1,000-acres crosses the road at two locations. The two existing culvert crossings are ancientsteel pipe arches; the ages of these structures are unknown. This extent of flooding across the narrow 2-lane road is a safety hazard to traffic. Culvert improvements are not currently planned at this location. The required improvements to bring the stream crossing into compliance with the Development Code would be significant. The area is flatand the roadway would have to be elevated above the flood level, and large box culverts ora bridge and some channelization would be required to contain the flow underthe roadway. The cost for these improvements is expected to exceed $500,000. It may be necessary to install flood warning gates across Collins Road at this location, at a cost estimated to be $80,000 as an interim measure. 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: There are currently no proposed roadways shown on the mobility plan in this area. A Traffic Impact Study will be required to determine roadway and circulation requirements. Ed Witkowski Bud Vokoun Person to contact if there are questions September 10, 2007 October 10, 2007 Date SERVICE AREA ANALYSIS A07-0005 -Clear Creek Natural Heritage Area Annexation Denton Independent School District 1. Education services are currently provided by: Services are provided by the Denton Independent School District. In 1999, Denton ISD, UNT and the City of Denton partnered to develop the Clear Creek Natural Heritage Centerto facilitate environmental and habitat education. Denton ISD allocated $110,000 in bond funds to assist with development of the center. Denton ISD has applied $40,000 toward the development of a preliminary master plan. Currently, the district's second and fifth grade students are utilizing the center for nature and environmental studies. 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? Additional facilities and staff will be required to develop and support DISD environmental and habitat education programming. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? To be determined by future programming requirements. 4. Estimate additional funding needed strictly based on proposed annexation and development. To be determined by future programming requirements. 5. Will projected school taxes from this development provide that additional funding? NIA 6. Please comment on the cumulative impact of annexation and development. Annexation of the Clear Creek Natural Heritage Area will provide services to support planned environment and habitat education facilities and programming. 7. At what population level would other school facilities be required for the City of Denton? DISD's 2007 enrollment is projected to be 21,000 students. The district's enrollment will be at 39,000+ students by 2018. Future facility needs will be determined by program needs and funding. 8. Is there an acceptable employee to population ratio that can be used for planning purposes? See response to #7 Additional Comments: Gene Holloway (940-369-0097) Person to contact if there are questions October 11, 2007 Date EXHIBIT 5 Notification Information .. ...: . ...~s. .. .s ~: :. .•S• s rv i' i{. e~t ... . ,~ • 5 J~ A07-0005 Clear Creek Natural Heritage Area Annexation Responses to Public Hearing Notice NOTICE OF PUBLIC HEARING A07 0005 -Clear Creek Natural Heritage Area Annexation The pity Counoii of the City of Denton vuil~ bald the first of tvvo pubii~ hearings on Tuesday, ~c#~ber 2, 2~~?, and the seoond public hearing vn Tuesday, ~otnber ~ fi, 2~~7 to consider voluntarily annexing approximately 8~~ acres into to the corporate city limits of the City of Denton, Texas. The property to b annexed is generally located west of Elm Fork of the Trinity River, east of Coliins Road, and north of U 3~a as shown in the enclosed map, Enclosed far your inforrr~ation is the annexation schedule, which notes all the required meetings. ~"~e Plannfrrg anal Z~rrirrg~ Cor~rni~ion will ~o~d a sep~ra~e public hea~irr, on fire same ~aroper~y, on eafrreday, ~cfaber Z4, ~D41, ~a c~rrsrafer ma~fng a re~o~rrnendatror~ ~ Cl#y ~ourrci~ regarding ~~e ~ro~osed anrrexa~ion. The first City council public hearing ~n Tuesday, October ~, ~4~7 will start at fi:3~ p.t~. in the City . ' ~ ~ ' , .. y _ -Stmt,. _ ~~n _ ... property is vwrithin two hundred feed ~~OO'} of the proposed annexation Brea the City Council would dike to hear hvw you feel about this annex~tian re uet and invites you to attend the public hearings, Public hearings are designed to provide appo~tunities for citizen ir~vofvement and comment. In order far your opinion to be taken into account, please return the enclosed farm with year carn~nents prior to the date of the public hearing. {This in na way prohibits you from attending and participating in the public hearing.} Yau may fax it to the number located at the bottom, mail it to the address below, or drop itoff in-person: Planning and Development Department ~2~ IV. Earn T, Denton, Texas ~~0~ Attn: Ran Il~enguita, Pro~e~t Manager Please circle one: In favor of request Neutral to request ~ppased to request or~rr~ents: signature: Printed Name: m ~. ~e,-~- Mailing Address: z ZD Z, _ ~i '~('~,,~rS~AC~, Dr• ,,, ., City, State Zip: _ 2~ ~ (~C ~ to ~g1~ . ~_ Telephone Number: ~} O ~ (c~~ '" Q ~ Z Physical Ac4dress of Property within 200 fee#: ~2~ ~~_tre~ ~ , ~ ~~ ~~~~~, ~~~~ CITY FIALL 1NEST * DENTIN, T~~As TG~~1 ~ X40.349.854 ~ • ~F} 94D.34~.7~0~ ., September ~D, 2~a7 l=ile: enera~ - Dentant ~'x Mr. ion Mengu~ta, Project Manager Planning and Development Depa~#ment Cit~r of l~entan _ _ City Hall Vl~est . Denton, Tx. ~6~a~ RE: Proposed Annexation of hand Dear Mr. Menguita; This has reference to the Notice o€ #ntent to Annex Clear Creels >~latural Herita a Area Annexation you fon~rarded tome recent) . 9 }that Y UUe do not see any benefit to the Railroad Company in connection with this ro sed annexation we would prefer our land rail corridor not be ~ncl ~ ~° ,and ~ ~ uded ~Or c~n~derat~on for annexation in the upconnin pu~l~c hearings. 9 Sincerely, ~~ Mike Pasco fir. Manager ~ Real Este ~4a2} ~43 cc: Il~r. Steve Martchenke -Mgr. special Pra~ect ~ UPRR, ~ 01 out#~ ~JIJa~on Road Arlin ton ~6a~ g t ~ t Tx. Read Estate ^NI~N PACIFIC RAILRUAD ~4U0 Dvug~as Street, Stop 1b90 ~rnaha, l~ebraska b$179.1b90 fx. ~~D~} 501-340 ~c~ 01 D~ ~~:~~ ~. ~ NOTICE OF PUBLIC HEARING A07 OQQ5 -Clear Creek Na#ura! Heritage Area Annexation The ~i aur~cii cf the of ~ent~n wi~i ~~id the ~rrst a~ twa public hearings o~n Tu~sda , ~t~er ~ ~~Q?, and the second uric hea~~ on Tu ~ ~ ~ ~~~t ~ct~ber ~ ~, ~~g7 t~ oon~de~ voiunta~ril a~r~r~exin~ ~~~ro~~rrla ~3 afire ~n~o to the Corpar~te ~It~ i~1it of the pity of ~er~t~n, Texas. Thy ro ert to ~ ~r~nexd ~s e~eral 1oc~te~f west of Eire ~ P P Y ~ ork of the rir~ity R~v~rr east ~~ oi~~~ ~a~d, and n~r~h ~f IBS ~8~ a shown in a er~~losed nip. i~ndas for dour i~#or~ation ~ ~~ annexatier~ cheduie which note aif the ~re~u~red meetings. Tie ar~rr~ a~~ ~o~g mfss~o~ wifl ~~~~ ~ ~eperfie ~u~Fi~ ~earfi ors e ~e probe , ors Wedr~ed~ ~~ber ~~ t . -. , !' , ~OQ~, ~o ~v~,raf ~~k~t~ a r~~rnr~etr~ fiv ~rt~ ~vr~nc~~ re~r~rn fie pro~os ~ne~~fin. The first pity ounciE pub~~~ hearing ors Tu~day, October ~# ~~07 ~ri~l start at fi:3o . ire the it ounoii ~arn~ers of fit #~ali ~ ~ooa P Y ~ ted at ~ E. ~c~nn~~ street, D~ntor~, ~'exas. Because u ou~n 'prv~erty i ithir~ t~~ro hundred feet ~D~'~ of the propaed anne~catier- area the pity our~~~i would like ~~ near haw you feed about this ann~xat~an „request and invites you t~ attend the ubii hea~n Publio - ~ 9 hearings are designed to provide opporkur~ities for atizen involvernent d orn~r~ent. In order for our ~p~n~on to be takt~ into ccdu~ht, please return the encio~ed form ~+ith dour comments prior to the date of the public hea~ng. ~~'his ~n no ~va~y phib~t you frame atter~ting and paioipating in the public hea~in . 'You rna fax ~t to the nu ~ ~ Y tuber ~cated at the bottom, mail it to fhe address below, or drop it off gin-person: Rlann~ng: ar~d Deveicpmnt L~e~art~ent ~~ N. i~ ~`, l~#on, Teas ~~~ ~: Ron ~ie~r~u~~a, l~ro~ect Manager 'signature: Please cir~e a-ne: In favor of request Neu#ral to revue ~rir~ted l~a~ne: ~ ~ ~~ ~ ~ ~. aiiEr~g address; ~ pity, State ?ip: ~ Te~ephon~ Number: ~- ~'~hysical Address afi Prapert~ within X00 teetf ~ ~ ~' Opposed to requ~ r ~F ~~~T~fi, ~~ ~ ~~~ ~~r • ~~a~, Tex ~so~ ~ o.~as.$~ ~ F o.~~~.~~a~ ~~ • f •- ~ v i ~ ~ ~f ~~ - - ~~rl~Cjr L!~ ~f i~/ . s~~f~~1.t~ l...a~ NOTICE OF PUBLIC HEARING A07 0005 -Clear Creek Natural Heritage Area Annexafiion The City Counc~~ of fine City of Denton i~~~f C hold the ~i~st of two ubli~ heari:n son Tueda X007 ~ ~~ p ~ y, ~~tober ~, nd the second publ~~ hea~~n~g on Tuesday, ~tobe~r ~ G, ~~07' to consider voluntaril annex~n appro~cimatel X35 acres into to the oor ar ~ ~ ]~ pate city limits of the pity of Denton, Texas. The property to Ise annexed ~ generally located west of I~In~ Fork of the Trinity l~lverF east of Collins Road, a.nd north of ~ 3S0 a~s shown in tl~e enclosed map. Enclosed for yau~r inforrnation is the annexation sohedule vuhich Hate s all the required meetings. The Pl~rrr~rrrg~ rid ~or~rn~ Cor~iion wi~1 hard ~ e ar~fe ubJic hearir~ A ~ ~r ~~ the ~ar~e properly, ors V~fedneda~y, ~~ober ~~4, 20~~, to corrf~fer a~r~r~ a reo~tr~er~~dfion to i ~y ~ourrcil reg~rdirrg f#re proposed ~r~ne~re~iar~} The first City Counc~f ~ub~ic hearlr~~ on Tuesday, October , ~0~~ wf~l start at :4 .m. in tl~e Dit p ]~ Ca~ancil Chambers of pity Hall located at ~ ~ E. fUlcKinney tr~et, f~entan, Texas. ~eoau~se a~~ o~rn Y property is within two hundred feet ~~4a'~ of the proposed annexation area the qty ~auncif wound like to hear how you feel about this annexation r~q~est and invites you to attend the ublic herin s. l~ubl~c p 9 heanng are designed to provide opportunities for citizen invofvernent and camr~ent. In order far our y opinion to be taken onto account, please return the enclosed form with your aomrnents rior to the date of P the public hearing. .This in . no way prollib~ts you from attending and participatin in the ublic h~earin . y au may fax ~t to the number located at the bottom, r~a~l it to the address below, or drag it aff in- erson: p Plan~in~ and Development Department ~Z~ hl. ~~m T, Denton Texan ?G2o1 Attn: Ron fVfen~u~ta, Project fi~a~aer Please circle one: In favor of request Comments: signature: Neutral to request Opposed to request Printed Name: r ~~ b ~ ~ Ta 1~ U ~ T~ Mailing Address: a City, State Zip: ~~ t~`s'~N - ~ Z d"Zs Teiephone Number: 3~Z. $ ~~-} Physical Address of Property within 2a0 feet: ~-2S 2.., Q.~.~ ,~, ~ D9-~~ 7P~~ ~ ~ ~ RC~a lTY F D~NT~N, T~~C~4 CITY HA~~ I~JE~ DE~VTON, TE~CA ~~~01 • 94~.3~~.854~ • ~F} 940.34.~7D~' NOTICE OF PUBLIC HEARING A07 0005 -Clear Creek Natural Heritage Area Annexation The City Councff of the City of Denton will Bold the fist of two pubfio hearings on Tuesday, Octof~er 2, 207, and the second puf~fio f~earin~ on Tuesday, Octofaer ~~, ~D~7 to consider voluntarily annexin approximately 85 acres into to the corporate pity limits of the pity of Benton, Texas. The property to be annexed is generally located west of Elm Fork of the Trinity fiver, east of Collins Road, end north of U X80 as shown in the enclosed map. Enclosed for your Information is the annexation schedule, which notes all the required meetings, The P~arrnfng and loving Con~rnission wil# ho#d ~ separate pc~h#ic hearrr~ , ors the sage proper~~, on ~Jedrre~day, October ~4, X007, #o consider making ~ recornrnerrda~i~n to Cf~ Y Council regarding ~l~e proposed a~rnexafion: ..- -, } _ The first pity ouncfi pubfic nearing ors Tuesday, October ~, ~QO~ v,rifi start at G:~o p.rn, in the` City .~~ .. ~~un ~ `,~~C~a~er v~~=att~ i~o#e~dt--~-= ~~--t6iry-~re~t;-- D~-c-n#o~, .T~xas__-vf~.ecaue .:you _ouvn. ~' Y property is within tv`ro hundred feet ~~DO'} of the proposed annexation area the City council would lifce~ to ~" hear how you .feel about this annexation re nest and invites you to attend the uhfic hearin s. Public p hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be talce~ into account, please return the enclosed form with your comments prior to the date of the public hei~~ng~:~ This in nv way prohibits you from attending and participating in the public hearing.} You may fax it to the number located at the bottom, mail it to the address below, or dro it off in- erson: I~ p ~fannif~g and Developrr~ent f~epart~ent ~~1 fV~ Elam T, f}enton, Texas ?~~~~ Attn; f~on illfengui#a, ~ro~ect fVf~naer `~ ~~ In favor of request Pfeae circie one: l~leutral to request ~. .,~ Opposed to requ Camf~ents: ~. :~. ~.. ... .. . , t .. ~' _ ~~. ~~ r ~ - ~._ - - ~~ fgnature. f~rinted fVarne; ~ r ...• fVlaifing Address: _ City, state 2'rp: ~~Telephone Number: ~+, ~ ~~~ ~,~~ Physical Address of Property within 2~0 feet: 0~-~~~-07~~ ~ ~ 33 ~C~~ CIT'~ ~F D~I~T~I~, ~G4 c~~r ~~~,~ wESr ~ aE~r~~, TExA ~s~o~ ~ ~40.~~~.$~~~ • ~~~ ~~a.~~~,~7a~ Uct t~[ U~ Ui3:2la Mary Lavender- IDEXX 972-447-2744 p.~ A07 OOQS -Clear-Creek Natural Heri#age Area i~r~nexatian ~h~ E ~our~~~~ the ~~ of Dentin ~i~f ~ the first a~ twe p~~~ic t7ear~n.~s ~vn T~eday, ~cta~er ~, ~D~~, a~~ the second p~~~~c hearing o~ Tda~* ~a~~r '#, ~0~7` ~or~idex ~+a~~ntar~~ ar~n~~in appraxlrnatei 83 ~~~es ~nta to t ar~ar~te i limos ~# ~~re €y ~ ~~ntar~, Taxa. T~~ propel ~~ be anr~exd is ge~eraily iacated wept a# Elm Fork ~~ the Tr~ity R~-~+e~, past ~ ail~n ~d, aid na~th ~~ ~ ~$0 ~s st~~~tn ~n ~e en~iaed neap. En~ed far fur in#oian ~s the ann~xatio~ s~hed~~e, w~~ Hates R~~ ~~ ~~~1 G~ F~~37• ~f f~f ~~~~1~~~~ ~~~ ~il~~ ~~w7~~~~ ^~#~~ ~ ~ i~ i [~1V~~V ~G~l~~i ifi~i a~~ci~ r~e~af tie ~r+x,~~e~ r~rear~. firs~~ ~ o~n~l p~~tfc ~harir~g an ~ues~a, ~c~c~r , ~? Dili start ~t ~:3~ ~.m. in the i ~a~n~~~ i~i~a~n~ ~~ i ~ai~ fic~a~e~ ~~ E. [~~~rr~e feet, ~ec~n, Texas. Because ~o~ own p~Qpert ~s in twa hund~ fat ~~~~'~ ~ prQpased annexatian as a ~i#~r ouncii -~~d like hear her ~~~ feef about this n an~ and ~nvi~ you arrd the pu~~ hrin~. Public hearings are €sined #o pra~ide apportur~ie ~ yen in~aernen~ and ~n~en~ ~n ae~ for ya~r ~p~~ b t~c~~ i~t~ aunt, pose rat a eased #arm ~ yo~~ gone p~ia~ to ~ date a~ tMe pubiia haar~ng. (fih~s ~n ~ gray ~rah~b~ts u ~ ~~t~ and p~~~~ipating ~n fhe pubic hearing. tau m~ fax ~ to the nurn~e~ ~a~ated at the tttom, ~~ ~ #~ the address I drop i~ ~pe~an: P~an~~na~ and ~el~ ~e~artrrnt 1 N. ~I "~~ ~antant Tex ~6~ Ate: ~ ~lengu~a, anar ~ieae ~~rc1e gee: ~n fav~o~ r~q~et e~~ tv quest apposed to re~uet Carrrments: ~~~rAt is ~1~ ~- O~F Am X~.t~'-~n c~ ;+l~c C1~r CreeK ~VC,~~hrra~ - - _ ?~ t~~a# w ~ S ~ ~ ad ~1G.v~tt~ c. b~ ~ ~ ~ i t~~ Cif ~€ ,v~~ v~ ~ ~~.1~,~ - ~ 3) 1Nha~ i~vu~d -~~. d;sc~dvanfa ~.. b~ +f -Nn.rs Qrt~ is nod a~a~~t, -~ signature` ~` . ~. N~ai~in ddr~s~ ~' i~, She dip: Tetepl~one Number. ~.~ .~ l~f 2- 2ZR $ P1~y5iCd1 Address of Property within 2E3Q feet' 3l~ 2~~ ~ . l,~ i I ~ - ~-e.. ~w tAS a~ c rv f cs ~t3~ `~r'S a~^ca i f ~ G~-nlt~Qfi'~Y~ is ~s~ccess~ ~1 CITY O~ aEN~ON, TEXAS cinr ~ sn~s~ • o~YOr~. texas ~sza~ - sa[-.~s_a~~ • (~~ s~+a.3as.rty~ T~. ~49~~ ~'. ~ Nor.~cE of pueuc HEAarn~ A07 0005 -Clear Creek Natural Heritage ~4rea Annexation The i ~ounci i of the City ~# ~entor~ III hold tie fist of ~ public hea~n~s on fi~a~, ~~tober ~, ~~~~_ end ~ second pu~ii heari "~uesday, Queer ~, ~~ to consider v~~ntarily annexing approx~~nate~y ~ acres into to .the ~~ ~ ~~s of ~ Cif of Benton, Te~cas. The propel to ~e annexad ~ ger~eily located pest of Ern FodC the Tai River, ~ ~# mains oadf and nosh of U ~o as horn in the e~~ ~~p. ~nc~aaed for your information is the a~nn~xation schedule, which motes all the required ~neet~n~s. a P~~#r~~ aid ~o~~ om~,sro~ ~~+tff ~ e ~era~e ~~b~~~ ~eerrrrg, ~n or~ncff regar~it~ ~! p~aae~i ar~rat~ot~. The fiat ~y ~unc~~ pubiic hearing on Tuesday, octo~er , ~~~7 v~lit start at ~:~o p.rn, in the City Council Chan~r~ of City #~a#~ Iced at ~ . NI~ney ~er~~on, ~e~as~. ~.ac;ause yon o~n ~~operty i ~~rithin two hur~dr~d fit ~~'~ of tha p~pod e~nexan area the our~cd ~rauld like to hear hoer yon fee! abort this nne~ar~ het, and ~n~-ite you ~ end a ~u~r~ hearings. Pu~l~c hearings aye desigd to pro~ride opnide for ~#i invol~eent and cornrner In order for your opinion ~ be fen into eccunt, lease ~~ ~ en~osed form ~ yr comments prior #o tine date the public herirr~. This in r~o gay prohihit~ ~ f~an~ ai~€~ding and pa~pat~ng in the public hea~ing.~ you mey fex it to the nube~ lorate~ at ~ bottomt rr~aii it to the addns l~e~ow, drop it in-person: ~lannt sad ~elapment t~ep~rrtrnent 2~1 . E~~ T} ntvn, T~s ?01 Attn: ion ~enui, profit ~arrer ~lea~ ~incte one: In favor of request Neutral to rreequest Oppose~f to request Gom ,/l s~.h s/~~n c3 . r -~ o, , c do .o ~~ Signat+.ire: Panted Na ` c~c~''~ _ Q.[~ 4~_. ,~ ai~in~ ~~dres: 1~~ ~r~ ty# Mate dip; Teiephor-e hlumlr. ~hy~~ add ~ of ~~ ,i~in goo €+ ~v, z3 G 'aG dr . r ~r~~~ ~~tu~l. ~r~t~ ~r . . ~r~c~rt~on ~~~ unci~ of ~h der, ~ the anon prdure ~~r ~ ~~~ tee f ' • ~~~n, the ~n~i~~ ~# ~ox~mt ~ ~ ~ ~~~ mun~~r~~~ a~n~x~~~~r~ ~y r~ ~~ the ~~ ~~ li ~ the ~ ~~py ~~ a~nexe~ ~ nera~~ ~~~r~} T~x~s. y a~~d west ~f ~~~ Fork ~f ~h~ ~ r~ past ~f 41~~n~ R end north ~fi €~ 3$~ ass o~r~ irr !h ~n~~ m Ens ~ ~ ~' hl~~~, v~hi~h rat el P e~ ~a~r ~r~#~~n ~~ . the ann~x~~~on ~ ~~ required -meet~r~g~. die ~rn~n a ~ir~ ~#~ ~u~~~ ~ri~ , .~~ ~ Mme ~- ~ ~r~~ss~~~ ~! ~io~d a . ~ Pte. ~, ~~ ~`, ~~~ i ~~~ tm~r~dat~or~ f~ ~ti ~ ~ . ~. T`he ~e~~rd ~i~ C~un~ ~u~~i~ ~r~n an T~d~ ~~ 1 - ~r ~u ~ , ~,, ~~ ~nf~ start at ~: ~:m. ~~ the n~~ h~~nr~ of ~y Ha~4 ~t~i ~# ~1 ~ E. ~n~~ ~ee~ ~en~n r~ r~ ~ w~~in ~ hur~ r f ~ i , ~exa~. cause yvu ~vmm . P pe ~ ~ het ~~'~ the pros~d ~e~xa~~n ~~~~ ~~ i ~~ n~ii hear ha~i yon ~e'~~u~ ~~~ enr - u , would ~rk~ t~ #~an ~ r oast ar~d ~ i~~ites~ t~ a#r~ - ~pub#~c- grin heann~s are designed t~ p~~ o ~ortur~`s f~ c~ti~en iniv~n# end oorrnr~#. - in cad ~ ~ ~r ~~i~~~n t~ fie ~~C~n into aunt, ~~ r~tunl ire erg ~ . .~ did ~ nth your on~n~nents ~ tie . ct~ ~~ e ~ubi~ ~~anng. ~: ~n vr~y p~h~ you ~ ends ~ ~~nd ~ ~ ~~ ~ the " ~u m~ x i~ ~~ nom ~R .' plf~ hear~ng,~ . ~ ~oc~~~d ~~ e-c~n; ~ ~t ~ ~ ~add~ taw, ~~r ~ ~# i~ rsan: ~ p~ ~~~n~~ e~~ ve~~~~t ~epartrrt ~'~ ~ ~ ~!m T, ~~, Tex ~ TOE ~ ~ ~ ~ . -4t: Ran lru i~a, Rroje ~~~' In v~r ~~ rue ~~i ~ pp~s rqu~st . e ' + { ' •• 4 ~"` ,. a ~~ .~ ~ ~ . ~ ~ '~ 1~ ..~ ~ ~ ~11,ww~ l~natt~e r ~ ~ . .~ . ~~ tai u n9 idress: _ '. ~ . ' ~ "~ its, tatte ~~p* ~ ~ ~ .. Tel~~hon Number: ~ ~ ~ i P~~~i~ Asa Prap~r vhi~ ~ ~: ~~ -~ i ti ~ ~ t • • . . I L ' . t . ~ ~9 ,~4~.85~'~ ~F~ 40.34~~~7~7. _ ~.~ ~. _ ~ ., . ~~~ ~~~~ ~ ~~ i ~cat~~ ~`~e Cf~y ~~c~~ o~ ~ ~ of ~ wild Id ~ . ~~~~ drat ~f w~ pu~l~~ ~~~~~ ~n Td~ ~ ~~t~r ~ d the ~d pt~~l hearing an Tug ~b~t ~ ~~~r~xrmei 83~ a ire ~~ 9~, 7 t~ ~id~~ v~~r~#~r~~~ annexing Y #~ o r~ ~ !~ t i ~€ ~~nn Texas. unnoxed rs g~n~raiiy ~ ~ of Elm i=on ~ ~ ~i~e prey ~ ~~ $~ as Shawn in ~~ Tnn '~~v~, aas~ ~ ~oli~ns Road, and n~rt#~ of U ~ndod ~. Endued r ~ 'rn~arrn~tion ~h~ annexation Schad ' ~~lf ~~~ r~~~~red Wings, ~ ~ end ale, which notes ~ ~~ii~r wig #I~ ~ sep~fe pr~blr'c ~~a~r , vr~ ~o~r`! ~ der ~~ a ~o~r ~ T rat Cry ~u~~i~ pub~~~ h~~~~ ~~ T ~ ~ ~ . pro~ert~ i ~~n h~t~dted ~ ~ Y ~ ~ .T~x, ~ 6~cusa. ~~ .~ eat ~ ~ e Rm~ annex~tior~ area ~Oun~ii ~~~d i~k~ to h~~r ~v you ~ ~bo~t this ~r~ne~n ~ end fn~tes h~a~ngs are des. ~ _ you to aend a ~ub~~~ ti~~r~ngs. Puhi~c ~r~d~ o~por~un~ ~n ~~v~lv~r~e and oom~n~~. In ~ordar for o~n~an to b~ ~al~en ~n~o a~oaun~, p~~~~e tern the ~ndt~ farm ~~ the ~ubl~c area ' TMi ~ ; ~ ~ ~ ~~ Yr ~t p~~x ~ e dad of ~ ~ ~ ~~ no ~r~ey proh~~ ~ ern tenth ~ ~rti~i in Y Y ~~~ fa~c ~t ~ the r~u~nher fated P ~ ~ ~~bl~~ #~e~nng. ~ . et ~_ ~ ~ address below or drop ~t in-person: . ~~ri~ red Qevai ~ ~ ~~~t , ~~'~ N. ~Im T, Darn, T~~ T~~ ~. ~~ fa~ror of uat ~1e~#ral #~ requ ~~ ~ ~ ommen~: ~ . ~ ~ ~ ~~'~ ~ i ~ • ~ • ~ ' • « Signature: v - .. Prirrted Name: ~'i~. Mailing Address: Efc.~` ~~ 1" City, Mate gyp' ~ - Telephone Numi~er: r Rhysicaf A~ddr+~ss of rnperty within 2(10 fise~ d~''~ ,~ - ~/1. ~1Q~ ~IQ. WO~~ T~: ~03~0~ P. ~ ~ ~ NOTICE OF PUBLIC HEARING AOT 0005 ~ Gear Creek Natural Heritage Area A~nexativn ~Fhe ~#~y ~u~~ f the et Eton w~#I hl~ ~~e ~~~ of ~~i • ~ pu ~ h~~nr~ ~n ~~~~ ~ y, ~~tober ~, ~4~T, to ~on~drF unr~~r nex~n p~~re~ ~~ ~~: ern ~~ from fan t ~ - ~ the r~~nr~pal ar~n~t~an ~ ~nnet~vn ~f ~ppro~c~mate ~~~~ into to the oa~par~t ~ emits ~ the . ~ at Den~~, Texas, the p~~p~rt~ ~ ~e a~r~nexed ~~ ge~rera~i~ ~~ west ~~ #~ Far~c of the Tani : , and nth o~ ~ - ~~, ~a at ~I~~s ~oa~, ~ as shorn ~n the ~~cl ~neb~ed for r in~~ati~n i ~hedw~e h~~h nett ~~~ the ~ the enn~xat14~1 ~ gyred meets s - ~~~ a trig o~rn~~ ~il~ hod erase ~~t~tic ar~r, ~ ~ ~e d ~ ~~ ~~Y3 ~~ ~~~ ~~, t~ rider maki ~ re~a~rr~~a#~v~ ~ ~~ ~~ r+~r~fr ~ ~ ar~r~ex~~io~. Thy s~n~ ~it~y o1~~~it ~~~~ti~ ~ea~ng Ted , ~~r ~~ ~~ • It D I~ ~~ ~ ~~ II~I~I ~ ~~ ~:~Q ~.1~. f~ the y ~ ~i hamber of ~t~ Ha#I ~e~ e# ~5 ~. ~#i~~ne et on ~e a ~ ~ith~ ~ i ~ , Tex, ~ ~o a ~ ~ ~Y ~ t hued fit ~~ ~ o~ the prsod ~nnexat~o~ area i hear ha~v eu teal abut thi ~ _ ~~~~ ~~~ ~~ke to Y ~nnexatx, ue~t and ~n~te ~ to ~ the p~~l~ t~earin { ~- Poh~i~ hearirs ere de~~~ned p~ov~de ~~tuni~es r yen ~~~e ~ c€~nnot. ~n over for dour ~arr~i~n to be ta~r~ is aunt, p~e~s~ ~etum the enta~ed ~~ with ~~ com~ne~s r~r the u~~i~ hr~ his #~ , . ~ ~ p ~ the date of ~ ~ ~ r~~ ~ p~h#b ~ fi~~ ~tte~~ end part~~ tin ~n the ut Y~~ ~a fax it to ~ r~u~ber I • ~ ~ p o h~a~,~ Y ate at the bow, m~~~ ~ t~ a address b~~w, a~ drop ~t ~f ire Win; Planning and [?avelopment Depa~tntent 229 N. Elm ST, Denton, Texas 76201 AtCn: ROn ll~~eguit~a, Proj~t M~n~tger Please cireie owe: In favar of regaest Neutral to request Apposed to request `~ ~i`~!1 ~e~~? t~aR ~ ~~.t ~L IMwsr {.J1N1~-~~..~ ~ ~ ~+~•~4: ~ ~~ ~~ .3~ 4`~ ti..~s~ ~flk ~tc.~.~t. f~ yk. Si. ~ ~,d `~1-.. ~Ic.~c~' -l,~r ~~ ~ ~~ fi- t.~,C , 1 rug. k 11.~ts4 ~~t ~,~ f f~ti P~+~ ~~.! 'Slgnatllre: ~ ~ _ Printe~f Name: ~'Gl~vt~+~c.~ ~, ~.cr-s Mailing Address: ~~i; .S. 5~av ~. Cityr~ State Zp: ~}'~i~=~ ~ x'L ~i~~Z-1 Telephone Number X 36 - (,bs - 3a2 2 Physical Address of Property within 200 #eet: $ ~En~ 4~=#i~- [rr~i.~ . ~j( CITY OF DFNTQN, t~XAS c~n~ ~ w~s~r • ~~oN, 'r'~xAS x62o~ . ~av_aas.~~ • ~F} 9ac>.~as.no~ 11~4-T~'E OF PUBLIC' HEARING A07 0005 -Clear Creek Natural Heritage Area Annexation The its o~rrc~~ of t#~e City of Denton wtill hold the second ~~ two ~ubiic hearings ors Tuesday, October ~ ~, 2007, #o consider, under the annexation procedures for areas exempted firam the rr~unieipal annexation plan, the anne~cation o~ approximately 83 acres into to the corporate city limits of the City ofi Denton, Texas. The property to b annexed is generally loseted west of ~lrn perk of the Trinity Riper, east of Collins Rued, and north of U o as shown in the enclosed map. Enclosed for your information i the annexation schedule, which notes all the required rrreeting. the Pfan~xn~ ar~~ Zon~n on~~ts~on wr~~ ~iafd a separate public ~earir~, ors the same property, orr ~Ved-~es~lay, ~cfober 24, ~, to cor~ider ~ra~rir~g a recomerrdt~o~ ~~ ~~ ou~c~# ~ea~~d~n the pro~oe~ anr~exatfot~. ~`he s~co~d C~~y Council pu~i~c hearing on Tues~~y, octoher ~~, ~~~~ ~+vi~l Mart at 6:0 ~p.~n. in the City Council Chambers of ~Ci#y hull located at ~1 ~. cKir~ney #reet, Denton, Texas because you own property -is wit~i~ twe i~undre~ feet- ~~oo'} ofi the proposed annexation ~ea the City Council would like #a . ~.. ~ _ ~ ~ ~~... ~ ~v :~--~ ~ ,r ='- =~~ - ~ e ~ ~~ ~ ,~ ~~ i t , u - -ar ` ~ ~rr ~ ~ VI.1- 4~ Q~tC~~ - _.~ tri ~ ~ ~Af 111. ~ .. ~~+ hearings ark designed to provide opportunities fior citizen ~involuement end comment. In order fior your opinion to be taken Into account, please returr- the enclosed fom~ with your cor~n~ents prior to the date of the public hearing. This in no way prohibits you from attending and p~rkicipating in the public hearing.} 1~ou may fa~c it to the cumber located at the bottom, mail it to the ~atldres beiov~r; or drop it off in-person: Planning and Develom~nt Department ~~~ N~: ~l T, ~ento~n, Te~cas ~820~ Attn. ion ~engulta, R!'o~~Ct ~lan~ger ~~~~~ ~~r~~~ O~ie. In favor of request Neural #o request apposed tv request ,~ Comments: ignture: ~, Printed Name: ~laiiing Add~ress~. City, Sate Zip: Telephone Nurr~ber: = ~ - Phyical Address of Property v~ri<thin ~~ feet r~ f ~~ ~~ ~~~~~, ~~~~ QTY HALL 1~ET ~ ~~NTON, TExA 72~~ • ~40.4~.854~ • ~F~ 40.3~~.77~7 NOTICE OF PUBLIC HEARING A07-0005 Clear Creek Natural Heritage Area Annexa#ion The planning and Zoning Commission of the City of Benton will hold a public hearing on ~vedneday, October 24, ~oo~, and consider making a recommendation to the pity Council regarding, under the anne~cation procedures for arees exempted from the municipal annexation plan, the annexation and service plan for approximately 8~ acres of land generally located west of the Elr~ Fork tributary of the Trinity River, east of Collins Road, and north of U ~~ as shown in the enclosed map: Enclosed for your information is the annexation schedule, which notes all the required meetings. The public hearing wilt start at fi:~0 p.m. in the City council Chambers of City Half located at 215 E. linne~r ree , tom; ~et~the u.bje~t properky, the Planning and Zoning Commission would like to hear how you feel about phi annexation and re~onin request and invites you to attend the public hearing. Public hearings are designed to provide opportunities for ci#izen involvement and comment. Please: in order for your opinion to be taken into account, return this form with your cvr~r~~nts prior to the date of the ~ubi~c hearing. This in no way prohibits you from attending and participating in the public hearing. You may fax it to the number located a# the bottom or mail it to the address below or drop it off in-person: Plarrni~g ar~~ Development department 221 !V. Elm T, Denton Texas 7~2~~ Attn: ~vn ~lengult~, ~~o~ect Iwllar~ager In favor of request signature; Printed Name: - ~ Mailing Address: pity, state Zip: Telephone Number: Pease cir~~e ones Neutral to request .~~ ~ ~ ~~ ~ ~ {apposed to request - t -' F { --~ ~~ ~ 4 ~ ~4+ Physical Address of Property within 20o feet: 7~ ~. r ~1TY ~~ D~~VT~I~, T~~ ciTr ~ wESr • DENTONx T~xAS ~s~o~ ~ o.~.~~~ • ~F~ ~.s.~zo~ NOT1'CE OFPUBLICHEARING A07-0005 Clear Creek Natural Heritage Area Annexation The Planning and Zoning Commission of the City of Denton will hold a public hearing ors Iednesda Y~ October ~4, ~og7, and consider making ~ recornr~endation to tl~e pity our~oil r rd~n , under the anr~exat~on procedures far areas exempted from the municipal annexation plan, the annexation end service plan for approximately ~ acres of land generally located pest of the Elrn Fork tributa of the Trini River rY , east of Collins Road, and norkh of ~ ~~ as sf~o~rn in the enclosed map. Enclosed for your information i the annexation schedule, vuhich notes alf the required meetings. The public hearing will start at :3g p.rn, in the City Council Chambers of City Hall located at ~~ ~ E. . c~Cinn. #~~e~txr Vinton; Texas, .,.Bc~u~ y-owe p~~ ~r~th~r~--~a k~~n~r~d ~~1 feet-vf. ~ ~- ~ - r ~~- - ._~w. properky, the Planning and honing Comm,~on ~rould like to beer hcw you feel about this ~ar~nexat~on and .rezonin request and invites you to attend the public hearing. Public hearings are designed to rovide P appartun~tie fog citizen involvement and comment. Please, in order for your opinion to be taken into account, return this form pith your comments prior to the dafe of the public hearing, This in r~o wa y prohibits you from attending and participating in the public hearing. You nay fax it to the number located at the bottom or mail it tv the address belovu or drop it off in~person: Planning ~n~ Development Depar~mer~t ~~~ N. ~In~ T, Denton, fiexa ~fi~D~ Attu; Ron ~en~~~ta~ Project N~anae~ Pease clrcfe ones I n favor of request Comments ~. Yi~~~ - y~.wk - ~1~ Signature: Neutral to request ~I~~. ~Yr ~~ ~~ Opposed to reques# ~~ ~ °' ~ ~ ~ Panted Name: Bailing Address: ~ ~~ ~ r ~t~ city, state zip: ~ 1Q~~'o .+...r~~ 7 d 2 v ~ _ .~ Telephone Number: a g 3 ~ Physical Address of Property within 200 feet: _~~Qi c C:_.,S Ct ~~ 1TY ~~ D~1V~1~, ]~G4 ~~~r H~~ v~~T • ~EN~a~, ~Fs ~s~o~ • o.~.~~ ~ F ~~~.~.r~~~ ~} ~r~ ~~ 0~ :~~p Mary Lavender- IDS ~2~-~7~4 p,~ NOT1"CE OF PUBLIC HEARING A07-00~5 Clear Creek Natural ~leritage Area Annexation The Pl~nnin~ n~ ~ar~ing ~om~n~s~ivn of the ~ ~f Dian ~~Il Fuld ~ pudic h~~ring ~n Wednesday, ~c#ob~r ~~, ~D~~, ar~d o~nider k~r~g ~ rer~~ndatian #~ #h~ ~au~~i reg~rdi~g, un~~r ~~ ~11~~4~[ f ~r ~~iJ~ULJ ~~~ Qr~~w7 ~A~1 ~I~i~.~ F~f L~ ~~r ~i#~bF~~ ~n~~~~4~~i ! ~~3~f ~~ Rl I~~~R~LF~~ ~~~ ~7~~~VV ~l~n ~~r ~pproxirr~ely S ~~r ~~d ~nra~ly loe~ted t ~f ~e E~r~ 1=o~k tri~~ of the Trirrit~ I~iv~~, # of ~li~ load, end ~ ~ ~! ~~~ a shorn in ~re~l rip. Endosd ~ yaur ir~farr~tiar~ i~ the an~~tia~ schedule, r~hi c Hates a~ #~he ~u~ rnee~n~, The pub~~c hearing ~vi~~ start e~ ~:0 ~.~n. in the au~ embers i#y Full ~oca~ed ~# ~ ~ ~. alinney street, Qe~t~n, ~'exa. Because yap ovary prayer' ~n t hundred ~~ ~~ o ~ ~~~~ ~ra~~, the Planning end nin or~msi ~~ ii~e to heaF h ~ feel ab~u~ #hi sine#ion ~ re~ani rues# and inr~t you ~a a#tend the public h~arin, Pr,~ic ~e~~ir~gs ~~~ signed to provide opportu~i#ies far citizen in~oiverner~t aid cammt. Please, i~ order far your apiniar~ to lie takes itc ~urif, r#u~n this tam ~ri~~ yv mrnts p~ ~~ a date of the blic ~ee~i~g. phi ire ~o ~ ph~bi you ~rarn mending ~ pa~~elpatir~ in the pu~i~ haar~n. 1~au mad ~~~ #~ number acted a~ #: bo or r~a~l it to the 2dr~ bow yr drop it in-~ers~n: Pl~n~~ng ~n~ ~e~elapn~en~ ~e~arent ~"I !V. ~ir~ ~~ ~~an, ~ex~ T+6~~1 Ate: v~ en~ut P~+v~~ Manager ~~es~ rc~~ one: bailing ~dd~es eel ~ r~equt Op~sed to quest ~~m~~: _ ~ ~ ~~ ~ ~ ~ ~ ~i~y~ aye dip. I n f~~a~ of request ~~ ~ ~ ~ ` ber: ~rt ~ Tie l~ar~e ~~m ~ _ _~._~^ feet ' ~ ~~ ~1 ~ ~ ~ ~ l~l~r~s~eai Adder of Property ~~n ~ - -- - - - -- _..,_.~.~.~~~~,~..~, ~~Y Planning and Development Department * 221 N. Elm * Denton, Texas 76201 (940) 349-8328 ~ Fax (940) 349-7707 Memorandum To: Brian Lockley, Interim Director of Planning and Development ~: ... } } .. . f ... . From: Ron Menguita, Planner III ~. ~ ~ ~~~ ~ ~ ~~~~~ Date: October 12, 2007 RE: Clear Creek Natural Heritage Area Annexation Neighborhood Meeting On Thursday, October 11, 2007, the Planning Department hosted a neighborhood meeting with residents adjacent to the proposed Clear Creek Natural Heritage Area Annexation. Of the 80 notices mailed, approximately 16 individuals attended the meeting. The main concerns expressed by the property owners in attendance can be best summarized as follows: ^ Change of lifestyle -the annexation will limit their access to the Corp property by potentially installing a fence along their property and enforcing hours of use. ^ Future annexation -the property owners expressed their concern that their property currently within the ETJ will be annexed next. ^ More people -the annexation will increase the number of people visiting the area after hours. ^ Adequate response -the City is not equipped to respond to emergency calls to the area considering the terrain and limited vehicular access. In addition to the concerns expressed, the property owners offered the following suggestions: ^ Revise the annexation area to only include the Corp property north of the Union Pacific Railroad. ^ Approach the County Sheriff's Department to coordinate with the City of Denton to establish a mutual agreement to provide the City of Denton Police Department jurisdiction within the proposed annexation area. ondens~Yt! Page 41 ~ C~MM~ss~~N~~ ~ATI~INS; Okay. 5 ~, 2 annexation and service plan for appraxi~nately 83~ acres 3 exempted from the municipal annexation plan. PraPY 4 to be annexed is located west of the ~hri Fork tributary ~ of the Trinity River, east of Collin Road, and north of 6 the ~ Aso. ~a~-ooa~, dear Creek Natural Heritage 7 Area. S Ron. 9 ~~. M~~~.T~'A; Thank you, Mr. Chair, 10 members of the commission. This annexation proceeding 11 is to consider -- consideration by City of Denton to t 2 annex portion of the Clear C~ek Natural area and ~ 3 Greenbelt Trail. The ownership of this property is the 14 U Army Corps of Engineers. 1 ~ Subject property is currently developed 16 with the nature cenier, which is actually being 17 constructed and a~aticipate on being completed inter this 1 rnanth and also a trail system -- surrounding property. 1 ~ Proposed annexation is being considered ~~ and initiated by the City of Menton. Annexation of the ~ t Clear Creek Heritage Area site will be addressed in two ~~ phases. This is the first phase, 23 The second phase is to the north of this ~4 annexation area, It will include portions up to the Elm 25 Bottom Circle Road. As of today, the City Council has Page 42 1 held two public hearings. One on October 2nd and one an 2 October 16th. 3 Following the October 2nd public hearing, 4 there were actually. carne public comments and concerns S from the public. Following that public hearing, we -- 6 the staff held a neighborhood muting on October 11th. ~ In your backup under Exhibit "1 is a surnrnarization of the S discussion that was held at that neighborhood pubiic 9 meeting. 1~ Just to go over quickly, their --the 1 Y concerns that were brought at that pubiic meeting -- a ~2 neighborhood meeting. First ore is change of lifestyle. 1 ~ The property owners to the southwest portion of this 14 annexation along Riverside Mrive mainly were concerar~ed 1 ~ that the annexation will limit their access to this t ~ subject property, 17 5ecand concern was future annexation. i ~ The property owners felt that when this is annexed, t ~ theix property will be next to be annexed. 2~ Third, mare people -- they -- the ~~ anne~.atian will increase the number of people visiting ~2 the area, therefore, encroaching an their property. I ~3 guess this was another concern of theirs. ~4 And lastly, a question regarding adequate ~S response. As of this writing of this staff report, Page ~3 1 staff had received nine responses. Following the 2 distribution of the packet, staff received four 3 additional responses franc the public, and I brought 4 those to your attention dining our work session. 5 The Development Review Co~nittee 6 recommends that this public hearing for the dear Creek 7 annexation --natural heritage area be held as 8 scheduled. I' d also like to Hate. that staff has ~ prepared a service analysis and the City will be able to i a provide and maintain services to the aria similar to the 1 ~ level provided throughout the City. 12 This exhibit here just outline the t ~ existing ~oni.ng of the surrounding pra~erties~ we have t 4 x~-~ to the south, some ECG to southwest and then rural 15 RD-5 to the northwest. 1 b Shown here, this is the future. land use I7 plan as shown on our damp Plan. we!ve -- prirnarily the 1 ~ subject area that's being considered for: annexation is 19 within a 100-year flaodplain. 2D Arad lastly, this Is J ust an illustration 21 depicting the opposition again. we've fat rrlainly ~~ oppositions along Ri~rerside Drive, alat~g here as well as ~ property owners to the north. ~4 That concludes my presentation, I'll be 5 happy to answer any questions. Page ~4 1 ~OMMISI~NE~ wA`I~.I~,~; Any questlans for ~ Ran? 3 Yes. 4 C~MMIS~IONEI~ EAG~,E'rDN: ghat was the 5 City's response to the suggestions frorri the public as 6 far as revising the annexation to limit i~ to the '7 property north of the railroad? S MR. MENGLIITA; Ta the railra~d track. 9 The suggestion was presented to Council. At this time 1~ there was not a response to that suggestion. we will be 1 ~ bringing it back tQ City Council On the 6th of November 1~ and we will be briefed an what their r~con~.nendatian ~vi11 13 b. ~4 Cor~Mis~~rr~~ wATx~rs: Any ether t 5 questions? I ~ Sounds like you did a goad j fib. 17 Is there anyone that wishes to speak far ~ ~ tl]ls 1te77l~ ~9 Against this item? ; 2~ Please came forward. Your Warne and ~ 1 address, please. {Tenders card. . ~2 Ms. IfA'~ENDER: Mr. Chairman and ~nernbers 2~ of the Planning and honing Commission, My name is Mary ~4 Lavender. I live at 3114 North Trinity Road. 25 I have attended one of the ne~ghbarhood ~ENT~N~ PL~NI~IN A~1D ~NII~ PUBLIC EI~N 1 Q-~~07 :Page 4 ~ - Page ~4 .~ .. -----.._ . .. --- - . w... ~: ~ - - ~.nn-seY~ ~ ~ Page 4~ ~ meetings. And in that meeting, none of the questions 2 and none of the issues that the people in that meeting ~ brought up were answered ar addressed by the members of 4 your staff who were there. we stXll have the same S questions and the same concerns. Been more so now that 6 I have read portions of the Denton Plan, 7 Yau have referred several times tQ the S Denton Plan, And I' m a new resident. I've only been ~ here two years, and I didn't know what it was. But I 1 a went online and I found it. And after reviewing it, I ~ 1 find many questions that I didn't even bring to the 1~ neighbarhaod meeting because I see areas where the 1 ~ Renton Plan and this annexation are in oppasitaan to 14 each other. 1 S pecifica~ly, I wonder is -- da you think 1 ~ that the harps of Engineers cannot properly manage this 17 area, that they would not preserve the natural assets in 1 S this area? The people who live around and adj Dining 19 this area believe that the corps of Engineers have done 2a a fine jab. we welcome the nature center, but we are ~ 1 opposed tQ the annexation because we think that will ~~ bring with it more restr~ctians far the landowners. 2~ Haw will yau apply your faun major growth 2~ aspects to this annexation, This has not been outlined 2~ to us and not explained at all, and perhaps if yau Page 4~ l review the Denton Plan, you will, have answers far this 2 neighborhood. 3 Is the pity of Denton afraid that another 4 city gill attempt to annex this area? Is that your ~ reason far annexing it`? ~ Are yau attempting to create -- Beep.} a 7 neighbor center adjoining this center. If sa, that 8 would not be in line with the Denton Plan. 9 ~t plan does the police departrr~ent have 1~ to access the nature area`? It i wilderness. It is t t swampy. The police person who was at our neighborhood 12 meeting said he would walk in there or he would take a t bicycle. If yau were to go down there, you would find 14 that pretty silly so I don't believe your services would t 5 be equal in this area. 16 who would perform the cast-benefit 17 analysis on annexing this area. Has it been completed? 18 Has it been started? what phase is it in? we haven't t ~ heard about this. 2~ will the highest level passible service 21 provide adequate service to this area? 2.Z I know there's a concern because yau have 2.3 children in the area. Beep.} I have many xnore ~4 questions Y'd like to have answered before the ~5 annexation takes place. Thank you. 1 C~MM~SSIQ~VER wA,TKINS: Thank yau. 2 Is there anyone else that would like to 3 speak to this item? 4 Anyone else that would like ~o spew to 5 this item`? Page 4 6 7 UNIDENTIFIED sPEAI~ER; whit did yau say ., S in regard to opposition`? 9 C~MMIS~SIDNER wAT'I~iNS: ~ppositian ar 1 a approval. 1 t ~t~. ~EL~w; Hula. I'm waxz~a Belew. If 1 ~ yau lank at the property, and I take it that the t 3 property there is on the east side of a~lins Road; is 14 that correct`? 15 NIR. MEN~[~I'TA: Yes, I ~ M. BELEVV: Dka. The xnaj ority of the 17 sand on the west side belongs to ine an' ~allins Road. 1 S I ga dawn tQ the corner of ollixas and 19 Hardee Field Raad and I go up to -- not all the way up ~U to Mingo Road. My question is -- is t~iat; what is the ~1 purpose of bringing this wilderness into the pity of ~~ Denton? And I don't think that issue liar been addressed Z3 at ail, and I'm concerned about that. ~4 It is a very -- there is a nzan with 2~ around 4D~ head of cattle an that land,and he cannot Page 4~ t get them out. He's had horses, he's had men, he's had 2 whatever trying to get those 4~U head of cattle out ~af 3 that property and he cannot because it's such a 4 wilderness, 5 'The City of Dentoxx leased this a number 6 of years ago. And when they leased it,' they went dawn 7 to prepare a wildlife refuge and they did ponds axed with S the first overflow, the ponds filled in again. And so ~ theme's nothing there. 1 Q You have a wilderness h~kir trail. My t 1 children walk an that hiking trail all tl~e tune. It t 2 might or might not be passable with a bike, 1VIy concern ~ 3 is, is if the pity of Denton is going to fake this t 4 property in, does the police department of the pity of 1 ~ Denton pion to protect thane residents ghat live in the 16 area far whoever happens to be an than property? 17 Beep.} 1 ~ Another thing I wish to address is the 1~ fact that: Are there going ta~ be certain' pimple allowed 20 to hunt an that property and others not; allowed to hunt 21 on the property? I live there. ~ I have lived there for ~2 a very fang time. And as a result, I an very much aware ~3 that there are guns being shot down there all the tune. ~4 Do yau intend to have a wildlife refuge dawn there? And ~S if you sa, da you intend to protect the wildlife that's D~NT~N PLANN~IN AI~1D ZUNI ELI EII~I~T 10-24-~?' ~ Page 45 ~ Page 48 a~denseIt~ Page 49 ~ Page 51 1 there? 1 The question was raised. Cad they. 2 There was one morning I was driving out ~ provide thane services? 1 think not at this point ~ and ~ saw two doe and two little deer and another doe. 3 without having better access. Currently, the city awns 4 You don't see that very after, There have been 4 no property that immediately adjoins that, other than ~ pheasants that have bean put down there. And in one 5 the northern area once that becoznes annexed. There's no 6 day, a n~an shat them all. ~ argument about that. ? My concern is what do you plan to da with ? we applaud the City for what they're S this`? The Corps of Engtt]eer5 has been there for a very 8 doing with the Nature Heritage Center ~n providing 9 long tll~le, Beep,} They've not bothered with doing 9 access t0 school chlldre~n, w~ think that's a wonderful 1 ~ anything to it, but it has grown up into more of a i d thing. we think what ~ s being done here is a 1lttle bit 11 wilderness than ever before in the last ~~ years. o my 11 of an overreach. It's going into an area where it's 12 concern is what do you plan to da with it? 12 really not necessary to go, nor is it advisable. Thank i 3 I mean, are you going to make any real 13 you very much. i4 improvements dawn there ar are you dust bringing it into 14 CoMMt~IQNER wA~rxnvs: Tank you. 1 ~ the City of Denton? 15 Is there anyone else that would like to 16 IVIy concern is ~f you're bringing it into ~ 6 address the issue? 1? the City of Denton, I do have a concern. I'tr~ on -- i7 Anyone else that would like ~a address 18 you're on the east side. I' m an the west side. And if ~ 8 the issue? 19 you go to the west side of my property, the City of 19 okay. we'll close the public. heng. ~4 Denton is over there. a I have a concern about if ~o Commissioners, discussion, 21 you're dust go1ng to bang this ~nta the City of Denton, 21 Yes; Dr. Lyke. . 22 then are you gang to bring my 45~ acres into the C1ty ~~ C~MMI,SSI~N~R LYKE: o out motion here is 23 of Denton? a thatts y concern. I'd like to have all ~3 to extend -- oh, I'm sorry. ; ~4 these rssues addressed before ~'ll$ goes qtly farther. 24 ~~- ~L~MPITT. ~ didn't fill opt a paper. 25 Thank you. 2~ I'rr~ betty Clampitt and I live on North Locust Street in Page ~ page ~ 1 COMMIS~IDI~ER wA~nv: Thank you. 1 Denton and we developed the Riverside Drive about 25 or ~ Anyone else that would like to address 2 ~ 0 years ago. . 3 the issue? 3 And the property that they're' talking 4 NiR. BRUSCHA: ~~Dd evening, ~ about south of ~e railroad there is dust ireally unusual S Commissioners, Mr. Chairman. May name is Mike ~ruscha 5 because the river runs down through it .nd like wa~nda ~ sic}. I live at ~ l4~ North Trinity. ~ said every time it rains it washes out everything that's ~ First thing I t d like to do is address 7 around there anyway if you get a rain, And I can't see 8 Commissioner Eagleton and ~ you, sir, for bringing S any reason to annex the property south of the railroad. 9 to light an omission by City staff in regard to a 9 I can't see any benefit to the City 1~ compromise that was proposed at that neighborhood 10 except -- I can't see any benefit. And that's what 11 meeting. 11 we're all addressing because y-now, we're all really 1Z For those of you who aren't fully aware 1~ proud of what's already been done and~everything. but 1 ~ of it, the compromise -- you' 11 see the bald red line 13 dawn in this part down in here is just -T you' d have to 14 along the railroad hack, the area that's in question, 14 go look at it. You can't -- my property -- I still own 15 that's in opposition -- where people are in opposition _ 1 ~ quite a bit of land in there, and it runs ~o the river. 16 is primely south of~the railroad track. 16 And there's just no way. You couldn't get down ~- life 17 It's also our understanding from 17 the policeman told us, either walk ar get down on a 18 communication from the railroad that they as well as are 1 ~ bicycle. Ike' d have a hard time walking or getting down 19 in opposition. ''e understand that there is no direct 1~ on a bicycle most of the time. ~~ access south of the railroad track for City serVlCes to ~0 And like wa~lda Bald, the last 20 years, ~1 enter that property. ~~ it's grown up so that it's just beautifulti It's neat to ~2 In fact, it has been requested by a city ~~ have land that you can o out and still hook out and ~3 staff member to access that property coming across a 23 think, this is how the wilderness was. This is natural, ~4 piece of property that I own because they don't have the ~4 but I would like you-all to think about stopping at the 2S ability to actually get in there. 25 railroad track there because I don't think you can ever DEN"I"~~ PLANNINCr A~TD ~~~ PUBLIC ~I~N 10 2~ D7 Page ~9 -Page 5~ Cand~aseIt ~ ~ Page ~ use this far a nature ar children ar anything. Thank 2 you. ~ C~1VIlV115~I~NER wATKINS: Thank you, ~ Is there anyone else that wishes to 5 address the 1SSUe? ~ All right: we' 11 close the public 7 ar~ng. 8 Dr, Lyke, 9 CDMMI~~I~NER L~"KE: okay. The ~ot~ 1~ that we are entertaining is whether we should continue 11 public hearings; is that correct? ~ ~ And it sounds as though the neighbors t 3 still have many unresolved questions. Maybe there 1 ~ should be more neighborhood meetings so ~f I make the 1~ motion to continue ~ public hearings -- this x one of 1~ the choices, right? 17 okay, That's my motion that the pubic I S hearings continue so that the neighbors get mare o~ t~ their questions answered, talk to staff some mare. 24 CaMNas~o~r~~ ~v~Tl: we11, the 21 questions are to come up here. I can't answer it 2~ because -- ~ car~rolR Lam: Right. we can't. 24 C~IVIMI~I~NER wATI~IN: I haven't been to 25 the public meetings and I haven `t -- ~' not privileged Page 54 I to any information use people don't have. I -- some ~ of these people I know, and I'm a little bit surprised 3 that hunting is allowed by the Corps of Engineers on the 4 property up there but nevertheless I don't doubt that it 5 is, but these questions I can't answer. 6 ~~. DI~,AKE: The staff report is a little '~ bit confusing here but I'in pretty sure that what we're S dealing with here is recommendation to counsel on 9 whether to proceed with the annexation. 1 ~ Now, there maybe public hearings 11 associated with that process, and I think that that was 12 stated in the recommendation that the public -- that the 13 meetings continue. But essentially, what we're talking 14 about here is a recommendation to proceed forward with I ~ the annexation if I' m not mistaken. I ~ COMMisSIDNER LYRE; Okay. I'7 CQMMISI~NER K,IN~; O ga aver again what 18 continued things would happen if we voted approval of ~ ~ annexation. I' m not making a motion, but would there be ~0 additional hearings, modifications? ~1 CDIVIMISSIQNER wATKIl~1s: e have ~. motion 22 on the floor. 23 COMMISSIONER KING: We do? 24 MR. DRAKE: YBS. 25 COMMISSIONER KING: W011, bUt I -- Page 55 I COMMISSIONER LYE: 'dell Y- 2 C~MMISSIQNER wATINS: I think ~- do you 3 want to withdraw your rriotian? . 4 C~MMisSI~NER LYKE: well, I was going ~ by -- ~ CDMMISI~NEI~ ING: I would second her '~ motion. S COMMISIQNER LYKE: web., I'~n going by 9 the staff recommendation that public hearings proceed as IO scheduled, which my reading of it is ndt that annexation I1 will continue, but that public hearings mill continue. I2 There's no mention of continuing the process of t 3 annexation here. There's a mention of continuing public 14 hearings, 15 MR. LDCKLEY: I understand y~ut question, 1~ And to respond, in your Exhibit ~ is the annexation 1~ su~nn~ary schedule. And as you can see on today's date, Y ~ obviously, the Planning and ,honing Co~mmisslon hearing, ~ 9 and then there"s subsequent meetings falla~ving this. 2~ Actually, there are t~vo more. The first`readirig ~af the 2I annexation and the second reading so you're ~2 recommendation to proceed is far those; two public ~3 hearings, a fixst and second reading, before the 24 annexation is ~ continue. ~5 I mean, staff, we did host a neighborhood Page 5~ 1 meeting here following the first hearing° by the pity 2 Council in the work session raon~. And wetd be more than 3 happy to host another meeting if you so desire so -- 4 ~~. I~R,A~E: This is kind of like what I 5 was discussing down in the work session earlier about 6 the difference between a public hearing; and a~ public 7 meeting. S And what Mx. Lackley is saying is that proceeding with public hearings, like I laid, it's not I ~ terribly clear in the recommendation here, but I 1 essentially, what it's saying is to go forard with the I ~ annexation procedures, which provide for public hearings 13 at the council. And so what the recommendation is, is I4 to proceed forward with the -- recomrn~ndation to proceed 15 forward with the annexation, and it's just stated in i ~ terms of proceeding on with public hearings. 17 CDMMISSIDNER I~IN~: But not znadification 1 S if so be it. , 19 MR. DRAKE: That could happen along the ~0 way perhaps but the idea is, you now, i~ you want to ~ l recommend n~odificatians or what haves you, I suppose you ~2 could da it as a part of your motion. But, you know, ~3 the matter that realiy is before you is whether to ~4 proceed forward with the annexation, ~5 CQMMISSiQNER KING: I gee. ~ENT(]N ~~~~1~ A~TD ~~]~r ~U~~.I ~E~SI~~T ~Q-~4-~7 Pale ~~ ~ Page ~ COnd~nse~t ~ ~ ~~~~ ~ ~ C~~sIONER WATI~INS: latians~ ~o you ~ Frith aw your moron , 3 C~1VIlI~II~rONER LYK.E: I'll continue wig 4 the motion to continue in the process towards annexation 5 since there are more appartanities for public hearings ~ caprose, ne1ghbarhoad rneetings. That's what ~'m ~ saying. Anybody want to second that? C~1VIlV~sI~NER ~I~T~: Na. I rm riot sure 9 there's an opportunity for rrlodifications. ~ mean, 1o that's what 1 eras tryig to clarify. ~ 1 MR. DRAKE: I guess 1t depends upon what 1 ~ you're looking tO modify. Y mean, there is an 13 annexation area that's defined in this. And I don't 14 believe that that is subject to rnodificatian. Hawe~rer, ~ ~ there -- you know, it's part of the service plan and 1 ~ what have you that Wight be an issue that could be ~ ~ discussed: 18 CONIlV~~ION~~R I~INCr: Yeah. But not 19 drawing a line across it, taking in same, taking in ~ 2Q more, ~ 1 C~3~ssI~NER ~vATK.I~is: Right, 22 C~~ssII~~IER ~IN~r: okay, 'That Clarifies ~ 3 the real question, 24 C~~IlVIISSI~NER ~ATKIN~: YOU're talking ~S about ~ railroad`? Page 8 I CDMMI~I~~TER I~.rN~r: Yep. 2 C~NIMISIE}NER ATKIl~: youth of # ~ railroad? ~ C~MMI~~~N'ER KING: Yes. ~ something ~ involving the pure area that was being discussed. That's what you were getting at? 7 CD1~~IISSIDNER LYKE: Right. Right. $ ~11~MI~SYGNER EAGLETQN: '~~, are we 9 comfortable with the fact that the neighbors' questions 10 can be answered if we reeammer~d continuing`? Because my l 1 suggestion would be to thdrav~ the motion and table the ~ Z item. 13 M~. LOCKLEY: well, right now as part Df 1 ~ this annexation there are no properties, there are no 15 residences being annexed In addition to this area. o 16 there are no residents that are coming .into the City as 17 part of this annexation. 18 All the areas that you see highlighted 19 here on this map really just illustrate the location of 2~ the residents that are in opposition to the annexa~iot~. 21 But in terms of them being annexed into the City, that's ~~ not a part of this request. okay. o there are no 23 residents being annexed into the City as of this Z4 request, . 2~ coMMlsIoN~R KING. fiat made this desire ~~~ 1 to came up? ~ MR. LQCKLEY: To annex tie property? ~ CQ1V~.VII~IONER KIN~r: Yes. ghat is the 4 reason or the desire? . 5 NIR. L~~I~LEY: The desire pri~ari~y is for the nature centor and the fact that tie City wants to, 7 along with DIED, use the Nature. Heritage Area as it was ~ intended as a nature area sa that can serve 9 educational purposes for the residents as we1~ as for 10 the kids ~ the school district. 11 C~1VIN~I~NER A1ERS~~T: O its not tO ~~ develop` 13 R. LoCLEY: Absalutely:not. 14 Yf there `s another slide, Rod, that you 1 ~ show. 'The future land-use map will show the area is i~ predominantly within the floodplair. There is no other r~ development proposed far this anne~~ation area. 1 S ee, 9~ percent Of this property, as you. . 19 see, is within the I4~-year flaodplain so it's not going ~o to be developed at all. The area that you can see ~ 1 that t s in the heavier green, I think tie rna~ ority of ~2 that area is, although, it's vtrithin the pity's ETI} is 23 not within the corporate limits of tYe City so that's ~~ still going to remarn out In the ETJ. 2S C~N11~sI~NER EA~LET~~: O you're saying Page ~~ 1 that the neighbors' concern that they Will be annexed 2 along v~ith this property i unfounded? 3 MR. L~CI~LEY: Yes, at this point. I ~ mean, obviously, they are within our ETA and at same ~ point in the future they maybe annexed. But as part of ~ this .request, no. 7 C~M[IVIIS~IDNER EAGLETO: hiCh has nothing ~ to do, actually, with this request right hexe. 9 MR. L~C~LEY: Bxactly. 10 CQMMISI0NE1~ EA~LETQN: That makes sense t t to nee and I hope it's clear to the ne~g~bors what the 1~ deal is with that. . 13 C~1VIlV~5~I~~ER VdAT~INS: ;Any other I4 gUestiOns~ . 15 ~}VIlI~IS~I~1vER LYKE: How does this affect 1 ~ now? Tyre was quite a bit of money designated in ~ l ~ recent ~~, HOW -- is there arly -- gO1ng t0 be ar~y 1 S effect on the CIP money with the an~exatian, annexing it 19 ar not? 20 . LOCI~LEY: My understanding is that ~ 1 ~t r S nQt going -- r~1y ~lnderstand~ng 1s that 1t f s oat ~~ going to impact the CIP as it exists currently. Right 23 now what the City is interested in doing is annexing the 24 property getting the nature going, and will. evaluate 25 that aril the need for that in the future and the D~~T'~~ ~~.ANNIN A~TD ~0~ ~~TBLI ~SI~N 1 ~-~4-~7 :Page ~7 -Page ~ ~"'.nndetr~e~t1 Page b 1 1 different areas that it requires. Z I think the primary concern that I feel ~ is going an is that must of the residents are concerned 4 that they tre going to be subject to annexation at same 5 point ~- 6 COIv~M~~sIONE~ LYKE: okay. '] MR, LQCKLEY; -- in time in the future. S This is not a problem that vie cant address. ~ ~~rssl~u~~ ~AGLET~N: well, if -- if 1~ voting far the recori~mendation that the public -- that 11 the annexation procedures continue, which will possibly 1~ allow for future public hearings, then Y'rn willing to l3 second that motion. But I want tv gv on record as 14 saying that that is my concern that that procedure will 15 allvv-~ for future questions from the residents. 16 CO1V~M~sSIONER wATI~IlVS: QlCay, And the l7 motion was by who? 1$ CQMMISI~NER EACLET~N~ Dr. Lyke. 19 - CO11MMiS~ON~R wA'1'I~INS: Dr. Lyke, ~0 COl1~Mis~I~N~R LYKE: Yes. 21 ~R. ~~; ,lust tv clarify, exhibit 2 of ~~ your backup does have this Annexation Stanrr~ary schedule ~3 in it. And if you look at the entry for tonight, it's ~4 the Planning and Zoning Commission public hearing, rn,ake ~ 5 a propose -- wake a recommendation to City Council Page G3 ~ forward then? . 2 C~MMII~N~R I~INC~: what was that I did 3 not hear you, sorry. 4 C4NIlVII~Y~NER wAT~IN: 1 say this dae5 S not annex the property. fur vote does not annex #~e ~ property, It sends it to the Council 'for public ~ hearings or whatever as is the ~ehediule. $ ,~~~~ t0 vote ~n the board`? 9 okay. Five. to zero. A1lr~ghty. That ~ ~ sends it to the Caunc1l. 11 1~ 13 14 15 1~ 17 1~ 1~. ......... . ~0 21 2~ ~3 ~4 . ~5 Page ~2 1 regarding the proposed annexation sa that --that -- I 1 ~ just want to make sure that it's clear. This xs a vote ~ ~ an the annexation. ~ 4 And then as you see, in the annexation 4 S schedule, there are specific wrings that wi11 take 5 6 place. There's going to be a first reading an November ~ 7 th and then the ordinance is published an the 11th and 7 S then you've got Council vote on 12111, 8 ~ Now, you know, 7 don't know if there ~ s ~ 1 o going to be additional meetings or what have you, you 10 11 know, that the staff is cantenr~plating. I have no idea. 1 ~ 12 I haven't been involved in that decision. but the ~ 2 1 ~ schedule that ~s set forth is the one that's ~n I3 14 Exhibit 2 of your backup, And essentially, that's what 14 15 you're voting an to proceed with that schedule towards 15 1 ~ annexation, 1 17 CO1VIi~1~NER ~AC~LET~N: ~Nads 17 1$ affirmatively,} 18 19 C~IVIMIS~I~NER LYRE: okay, 19 ~~ C~1VIlV~5S10NER wATKINS: verybady ready to ~~ ~ 1 vote 0~ t~le board`? ~ 1 22 This does not ~- this does not annex the ~2 ~3 property, ~3 24 C~NIlI~aI~NER EAGIJETON: Right. 24 ~5 C~MM15~I~NER wATI~]NS: It pushes 1t 25 Page 64 ~ D~~'~'~N PLAN~IN ADD ~NI~ I'~LIC SCION 1~-~4-07 s:lor~r doc~r~entsln~~inance~l0~'la0?-4005 rm.~oc ORDINANCE N~: AN ~RDIl~ANCE ~F THE CITY ~F DENTIN, TEA, ANNE~TG TRACTS GF LAND CGNITING ~F APPR~xI~VIATELY I,01 ~ ACRES, CDNTIGI~~U AND ADJACENT TD THE CITY OF DENTIN, GENERALLY LOCATED ON THE wEST SIDE ~F THE ELM FORK. TRIBUTARY ~F THE TRINITY RIVER, EAST OF COLLIN ROAD, AND NORTH OF LAS ~ ~~, AND LEGALLY DESCRYBED AS SET FORT~I IN EIIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; APFRO~ING A ER~ICE FLAN FOR THE ANNExED PROPERTY; PROVIDING A EERA~ILITY CLALIE; AND ~RO~DING AN EFFECTIVE DATE. ~A~7-~~~5} wHEREA, Pursuant to ectian 43.0 1 of the Texas Local Go~vern~nent Code, ha~nc rule cities are authorized to annex areas that are not required to be an annexation plan} and wI~EREA, an ar about October ~4, 20U7, the Planning and honing Co.mission recar~unended approval of the annexatian of land substantially similar to the tracts legally described in Exhibit "A", attached hereto and incarparated herein by reference the "Property'}; and wHEREA, the Carps of Engineers of the U.S. Army has manifested its non-ab~ectian to the annexation of Federal land lying within the Property, as set Earth in Exhibit C; and WHEREAS, the City Council Ends that the Property contains no residential d~rellings located an the tracts; and HEREA, this annexation is under the annexation procedures for areas exempted from the municipal annexation plan; and ~VHEREA, the City Council finds that the any areas caused to be entirely surrounded by, but not included within, the City of Denton, Texas as a result of this annexation, are sa surrQUnded iu. the public interest; and wHEREA, the C1ty Cauncll finds that all re~ulred natlces were given 1n the tune and manner required ~]~ law; and ~VHEREA, public hea~.ngs before the ,City Council v~ere held in the Oouncil Chambers an October ~, ~~~?, and October 1 G, ~~~~, bath days being an or aver the ~Oth day but before the 40th day of the date of the institution of the proceedings}, to altow all interested Persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings mere instituted far the properly described herein by the introduction of this ordinance at a meeting of the City Council an November , ~~~7; and s:lour d~cumen~lordinan~es1471a47-0U(l5 rm.~~c WHEREAS, this ordinance has been published in full vne time in the of~i.cial newspaper of the City of Denton on November 11, ~a~7, afl.er annexation proceedings were instituted, and D days pnar to C1ty Council tang final action, as required by C1ty Charter; and WHEREAS, the pity Council finds that the annexation will allow the City to ensure development consistent with The Denton Plan; New, TI~EREF~RE, T~iE CO~UNI~ ~F THE CITY ~F DENTIN I~EREBY ~RDA~ SECTION I. The findings and recitations canta~ned 1n the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property i hereby annexed to the City of Denton, Texas, SECTION ~. The service plan, a copy of which is attached hereto and made a part hereof by reference a Exhibit "B" the "'ervice Plan"}, which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available far public inspection and explanation ~to the inhabitants of the area being annexed at the above described public hearings. SECTION 4. Should any part of this ordinance be held illegal for any reason, the balding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to he 1awfly annexed into the City If any part of the Property is already included within the city limits of the pity of Denton or ~rithin the Limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully if the excluded area were expressly described in this ardinance~ SECTION 5. This ordinance shall became effective immediately upon its passage and approval, . PASSED AND APPROVED this the ~ day of 0~7, PERRY I~. IVIcNEILL,IVIAY~R ATTEST: JENNIFER wALTERS, CITY SECRETARY BY; s:lnur d~cumentslordinances1~71a~7-0U(l5 rm.d~c Exhibit A ~,OI S ACRE TRACT All that certain lot, tract ar parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the . Dbbs Survey, Abstract Number 328, J. Douthit Surrey, Abstract Number 329, T. f,i~ing Survey, Abstract 729 and the J, west Survey, Abstract Nunxber ~ 331, and being rr~ore particularly described s follows FEIN all of the United States of America ~herea~er referred as "the U. . A."} and all of said City of Denton tracts 1yin~ and being situated in the above tnentianed Surveys and Abstracts: BEC~~ at a paint in the existing Denton city limits established by Ordinance 74-36 Y~, and being on the east boundary line of the tract of land describe in a deed to Vickie Ewell and Donna Raney, recorded as County Clergy's ~'iie Number 93-R005~76, Real Property Records, Denton County Texas, also being in the west boundary line of said U. . A, tract; THENCE in NortlYerly direction along the U. . A. wester boundary line the fallowing ~~ twenty-f ve} calls: 1, Thence North 09 Degrees 26 Minutes west, a distance of 136 feet mare or less; 2. Thence North o6 Degrees 49 Minutes west, a distance of ~7~.60 feet; . Thence North 44 Degrees 47 Minutes west, a distance of 342 feet; 4. Thence North 46 Degrees 32 Minutes Nest, a distance of ~ 14.90 feet; . Thence South ~'~ Degrees 1 ~ Minutes East, a distance of 4S 1.40 feet; . Thence Noah 82 Degrees 3S Minutes East, a distance of99.50 feet; 7. Thence North 2~ Degrees 33 Minutes East, a distance of 419.70 feet; S, Thence North 11 Degrees 43 Minutes East, a distance of 24,90 feet; 9. Thence North ~ 7 Degrees 00 Minutes west, a distance of 467.9 feet; 10. Thence South 59 Degrees 4S Minutes East, a distance of 179.40 feet; ~ ~. Thence North 49 Degrees 08 Minutes East, distance of ~~4.90 feet; 12. Thence North 23 Degrees ~~ Minutes East, a distance of 292.60 feet; 13. Thence North 02 Degrees 06 Minutes west, a distance ~f 3~6 feet; Page ~ of ~ treated by Mark A. Land o~ 1~l26I~7 14. Thence North 83 Degrees 43 Minutes hest, a distance of 2,055.4 feet; ~ ~, Thence North 0 ~ Degrees 2 Minutes East, a distance of ~9. ~ ~ feet; 1 . Thence North 5~ Degrees 4~ Minutes hest, a distance of X05.90 feet; ~ 7, Thence South 0~ Degrees 31 Minutes ~VL~est, distance of 210.0 feet; 18, Thence North ~ Degrees 37 Minutes hest, a distance of x,407,10 feet; ~ ~. Thence North ~~ Degrees ~ Minutes hest, a distance of 204.30 feet; ~~. Thence North ~4 Degrees o9 Minutes East, distance of ~'~~.~~ feet; 21. Thence North ~7 Degrees 1 ~ Minutes East, distance of 25 ~ .3 ~ feet; 22. Thence North 74 Degrees 051VIinutes East, a distance of 392,50 feet; 23, Thence North D7 Degrees 40 .Minutes hest, a distance of 47.3o feet; 24. Thence North 50 Degrees 24 Minutes East, a distance of 223.30 feet; 25. Thence North 52 Degrees 5? Minutes East, a distance of 1,024.92 feet; THENCE North 07 Degrees 03 Minutes hest, a distance of 1 G.3 S feet to a paint an the south line of Lot 1, Black ~, ofthe Ash xrave Texas-Denton Terminal Addition, being recorded in Cabinet ~ Page 193, Piat records of Denton ~ount~, Texas; T~IENCE slung the south line of said Lot 1, Block 1, of the Ash gave Texas-Denton Terminal Addition, the fallowing ~ ~s~ calls; 1. Thence North 44 Degrees 52 Minutes 8 Seconds East, a distance of 799.54 feet; 2~. Thence North 75 Degrees ~9 Minutes ~'~ Seconds hest, a distance of 4,23 feet; ~. Thence North ~5 Degrees 23 Minutes 14 Seconds west, a distance of 11 ~ feet; 4, Thence North ~1 Degrees 5 Minutes 33 Seconds hest, a distance of48.25 feet; 5, Thence North Degrees ~7 Minutes 31 Seconds Vest, a distance of 357,47 feet; . Thence North 4o Degrees ~~ Minutes 32 Seconds hest, a distance of 459.4 feet; ~~ ~ ~f ~ c~~ ~ ~ ~. ~ ~~ ~~r~~~o~ THENCE in a Northerly direction along the U, . A. western boundary line the fallowing ~ 1 ~ele~en~ calls: 1. Thence North 34 Degrees 0~ Minutes west, a distance of ~ 51,20 feet; . Thence North 39 Degrees 3d Minutes hest, distance of 254.50 feet; ~. Thence North 55 Degrees 24 Minutes west, a distance of 194.1 ~ feet; 4. Thence Nar~h 72 Degrees ~~ Minutes 17 Seconds west, a distance of 157.90 feet; 5, Thence South SS Degrees 081Viinutes west, a distance of 81,9 feet; ~. Thence North 8~ Degrees 48 Minutes west, a distance of 151.70 feet; 7, Thence North 74 Degrees 19 Minutes west, a distance of 239.90 feets 8, Thence South G8 Degrees 28 Minutes west, a distance of 211.50 feet; 9, Thence North 75 Degrees 22 Minutes west, a distance of 739,30 feet; 10. Thence South 02 Degrees 21 Minutes west, a distance of 730,20 feet; 11. Thence North S Degrees 47 Minutes west, a distance of 571,84 feet amore or less to a point on the east line of Dollies Road; THENCE North OS Degrees ~ Minutes East, along the east line of Collins Road a distance of ~2G.55 feet to a point for ~ oorner an the east line of said Read; . ThiENE North 40 Degrees 29 Minutes 26 Seconds west, along the east line of said road a distance of 1,099.44 feet mare or less to a point for a corner on the north line of sold Road; THENOE North 87 Degrees 57 Minutes west, along the north line of said read a distance of 745.03 feet to a point for a corner on the earth line of said Road; THENCE North 03 Degrees 43 Minutes East, ~ distance of 2,084.34 feet mare or less to a point being an the south line of the existing Denton city limits established by Ordinance 2005-379, said paint also bung on the earth line of Hardee Field Road; THENOE East, along the earth line of said ~artlee Field Rand and along the south lire of said Ordinance 2005379 distance of 1,398,50 more or less feet to a point for a earner. THENOE North 02 degrees SS minutes 57 seconds East, along the west line of said road. and the east line of said Ordinance 2005-379 a distance of 383 feet mare or less to a paint for a earner; ~ ~ ~~~ treated ~y 1Ulark A. Laird vn 1 ~12~1~7 'NE Easts across said Hardee ~`ield Road a distance of 30 feet more or less to a pant an the east line of said Hardee Field road; THENCE in a Northerly direction slang the U. . A. western boundary line the failawin 1 ~th~urteen}calls: I . Thence North 51 Degrees 53 Minutes East, a distance of ~~ feet; ~. Thence North ~~ Degrees 44 Minutes Fasts a distance of ~ 11.20 feet; . Thence North ~ ~ Degrees ~ Minutes East, a distance of 584 feet; 4. Thence North 09 Degrees 33 Minutes East, a distance of 605.60 feet; Thence North 25 Degrees 50 Minutes East, a distance of ~ 53. ~ 0 feet; ~. Thence North 34 Degrees 44 Minutes East, distance of 194.50 feet; 7. Thence auth 59 Degrees 15 Minutes Fast, a distance of 453.70 feet; ~. Thence North 1 ~ Degrees 59 Minutes 0~ seconds west, a distance of 507.20 feet; 9. Thence North ~~ Degrees 36 Minutes 5S ecands west, a distance of ~ 54.53 feet; 10. Thence North 87 Degrees 07 Minutes 0 ~ seconds East, a distance of 974.94 feet; ~ 1. Thence North 1 ~ Degrees 50 Minutes 34 seconds west, a distance of 764 feet; 1~. Thence South "~~ Degrees ~3 Minutes 37 seconds East, a distance of 1,097.64 feet; 13. Thence North 25 Degrees 40 Minutes 37 Seconds Fast, a distance of 951.99 feet mare or less to a paint an the existing Denton city limits established by Ordinance 55197 and was revised by Ordinance SSr025; THEN~F in a Southerly direction along the west line of said Ordinance 55-~ 97, a distance of 3,473.55 feet more or less to a paint an the north line of the existing Denton city limits established by Ordinance 54-5, said paint being 10,5b4 feet earth of and perpendicular to the existing Denton city limits established by Ordinance 74-36 tract II; TI~N~E i~ a Westerly direction slang the north line of said Ordinance 54-5, a distance of 95 feet to a paint far a corner being 1,560 feet earth of and perpendicular to the existing Denton city limits established by Ordinance 74-36 tract 1I; ~~ ~ ~~~ ~rea~ed by Mark A. Laird ~~ ~OI~b147 THENCE in a Southerly direction along the west line of said ordinance ~4~Z~, a distance of 50~ feet to ~ paint being 10,~G~ feet north of and perpendicular to the existing Denton city limits established by Drdrnance 74-~ tract ~l; THENCE rn a Easterly d~rectlon along the south line of said ~rdlnance 54-~5, a distance of 1,21 feet to a point being ~ ~,~~~ feet north of and perpendicular to the existing Denton city lrn~its established by Ordinance 74-36 tract Il and bring appro~irriately ~~ fret west from an access trail; WHENCE in a Southerly direction along and near an access trail being parailei and approximately 2D fact west of said trail the foilain 79 ~se~enty-nine} calls: 1. South ~9 Degrees ~9 Minutes ~~ Seconds East, a distance of 9.5~ feet; ~. South 0~ Degrees ~~ Minutes 3 Seconds East, a distance of 29.4G feet; ~. South 02 Degrees ~S Minutes 39 Seconds East, a distance of ~3~.~8 feet; 4. South ~ ~ Degrees 48 Minutes 45 Seconds East, a distance of 134.4 feet; 5. South 05 Degrees 1 Minutes 54 Seconds East, a distance of 147.E feet; G. South 47 Degrees 4G Minutes ~ 4 Seconds East, a distance of 15.7 feet; 7. South 03 Degrees Oo Minutes 2 Seconds East, a distance of 135.3 feet; 8. South l~ Degrees 32 Minutes OS Seconds East, a distance of ~~5.14 feet; ~. South 04 Degrees ~4 Minutes D4 Seconds East, a distance of 41,G7 feet; 10. South 45 Degrees 4Z Minutes 54 Seconds hest, a distance of ~7.3~ feet; ~ 1. South ~ 1 Degrees 48 Minutes 45 Seconds hest, a distance of 39.1 S feet; 1 ~. South, a distance of ~.7~ feet; 13. South ~ 1 Degrees 1 H Minutes ~ Seconds East, a distance of 4.34 feet; ~ 4. South 35 Degrees 40 Minutes 2~ Seconds East, a distance of ~. S feet; 15. South ~3 Degrees 12 Minutes 37 Seconds East, a distance of 5~.'~4 feet; 1 G, South 5~4 Degrees ~ 2 Minutes 37 Seconds East, a distance of d~.17 feet; 1 ~, South 61 Degrees 42 Minutes 45 Seconds East, a distance of 54.1 feet; ~ ~ ~~~ Created by MaF~ A. Laird on 1~I~b147 1 S, auth 37 Degrees 5 Minutes ~~ ecor~ds East, a distance of 33.96 feet; 19. South Degrees ~ 2 Minutes 49 ecends East, a distance of 63.99 feet; 20. youth 23 Degrees 1 ~ Minutes ~ 7 Seconds East, a distance of 53.47 feet; ~ 1. vuth ~~ Degrees ~3 Minutes ~9 Seconds East, a distance of 46.49 feet; 22. South 3Q Degrees 58 Minutes 41 Seconds East, a distance of 44,80 feet; ~~. youth 42~ Degrees 17 Minutes 23 Seconds East, a distance of 58,39 feet; 24. South 63 Degrees 26 Minutes 52 Seconds East, a distance of ~Q.8 feet; ~~. South 61 Degrees 12 Minutes 10 ecvnds East, a distance of 81,6 feet; Z6, South 67 Degrees 37 Minutes 52 Secends East, a distance of 132.0 feet; 27, South 70 Degrees 59 Minutes 03 seconds East, a distance of ~ 09.74 feet; 2S. youth 73 Degrees 2S Minutes ~~ Seconds East, a distance of 23.75 feet; 29. SOUth 83 Degrees 14 Minutes 1 Seconds East, a distance of ~ 12.10 feet; 30, South 82 Degrees 49 Minutes 04 seconds East, a distance ~f ~ Q2.86 feet; 3 ~. South 78 Degrees Q7 Minutes 04 Seconds East, a distance of 136.49 feet; 32, Sauth 75 Degrees ~ 5 Minutes 13 Seconds East, a distance of 123.52 feet; 33. Sauth ~ Degrees 19 Minutes 17 Seconds East, a distance of 89,68 feet; 34. Sauth ~~ Degrees 43 Minutes 21 Secands East, a distance of 99.65 feet; South 15 Degrees 31 Minutes 57 seconds East, distance of 62.93 feet; 36. South 16 Degrees 18 Minutes 37 Seconds East, a distance of 75,59 feet; 37. South 10 Degrees 47 Minutes 25 Seconds East, a distance of 62.11 feet; 38. South 13 Degrees 14 Minutes 52 Seconds hest, a distance of 57.Q8 feet; 39. South 16 Degrees 16 Minutes 08 Secands hest, a distance of 89.31 feet; 40. South OS Degrees 5S Minutes 4~ Seconds eat, a distance of 68.25 feet; Page 6 of 9 Cre~te~ by Marc A. r.aifd on ~~1~6~7 41. South 15 Degrees 39 Minutes ~~ Seconds hest, a distance of 57.9 feet; 4~. South 35 Degrees 33 Minutes 11 Seconds est, a distance of 89,9 feeta 43. South ~5 Degrees 25 Minutes 33 Seconds hest, a distance of 53,74 feet; 44. South ~7 Degrees 54 Minutes ~ ~ Secands hest, a distance of 135,2 feet; 45. South 31 Degrees ~ 7 Minutes ~ 9 Seconds hest, a distance of 1 X7.44 feet; 46, South 3~ Degrees a ~ Minutes ~ 2 Seconds "est, a distance of 133,1 ~ feet; 47. youth 34 Degrees 50 Minutes ~~ Seconds hest, a distance of 198. ~ ~ feet; 45. South 34 Degrees 1 ~ Minutes ~7 Seconds hest, a distance of 95.48 feet; 49. South ZS Degrees 1 S Minutes 51 Seconds hest, a distance of 53,66 feet; 5~, South 26 Degrees 34 Minutes ~ ~ Seconds 'hest, a distance of 9 ~ ,1 Z feet; ~ 1, South ~ Degrees 4 Minutes 49 Seconds hest, a distance of 75.4 feet; 5~. South ~3 Degrees 39 Minutes 15 Seconds hest, a distance of 169.36 feet; 53. South ~ Degrees 45 Minutes 04 Secands East, a distance of 95.5 feet; 54. South 25 Degrees 1 ~ Minutes 49 Seconds East, a distance of 73.5 feet; 55, South 48 Degrees 11 Minutes 45 Secands East, a distance of 92.43 feet; 56, South 36 Degrees 53 Minutes 45 Seconds East, a distance of 62.78 feet; 57, South ~32 Degrees 44 Minutes ~~ Seconds East, a distance of 55.73 feet; 58. South 1 S Degrees 261VIinutes 4~ Seconds East a distance of 16.5 feet; 59, South, ~ distance of 30,19 feet; ~. South ~ 1 Degrees 15 Minutes ~~ Seconds hest, a distance of 48.63 feet; ~ 1. South 31 Degrees 37 Minutes ~ ~ Seconds hest, a distance of 51.35 feet; 62. South 26 Degrees 34 Minutes 4~ Seconds hest, a distance of 57.76 feet; G3, South 18 Degrees 26 Minutes 41 Seconds hest, a distance of 79.53 feet; ~ ~ ~f~ Created by Mask A.. Laird o~ ~ ~l~~1D? 64. South 20 Degrees 14 Minutes ~7 Seconds West, a distance of 71,94 feet; 5, South 17 Degrees 1 ~ Minutes 02 Seconds West, a distance of ~ ~ x.11 feet; 66. South ~5 Degrees 42 Minutes 49 Seconds West, a distance of 5.62 feet; G7. South, a distance of 44. ~ 7 feet; 68. South 03 Degrees 48 Minutes 5S Seconds East, distance of 56.16 feet; 69. South 16 Degrees 34 Minutes 47 Seconds East, distance of 759.41 feet; 7~, South 14 Degrees 51 Minutes 15 Seconds East, a distance of 115.45 feet; 71, South 33 Degrees 42 Minutes 18 Seconds East, distance of 54.12 feet; 72. South 2 Degrees ~ 1 Minutes 12 Seconds East, a distance of 1 ~ 1,48 feet; 7. South 4~ Degrees 37 Minutes ~~ Seconds East, a distance of 13.75 feet; 74. South ~~ Degrees 29 Minutes a9 Seconds East, a distance of 44.51 feet; 75. South ~~ Degrees 58 Minutes 41 Seconds East, a distance of 58.73 feet; 76. South 14 Degrees 02 Minutes 37 Seconds East, a distance of 35.91 feet; 77, South ~3 Degrees 00 Minutes 52 Seconds East, a distance of 63.99 feet; 78. South OS Degrees 26 Minutes 36 Seconds West, a distance of 74.2 feet; 79. South, a distance of 132,51 feet; T~IENE South ~6 I]egrees 14 Minutes 4~ Seconds East, a distance of 395.97 feet to a point for a corner; T~N~E South 04 Degrees 53 Minutes 45 Seconds west, a distance of 557.10 feet to point far a corner; ~E South 36 Degrees 24 Minutes 24 Seconds West, a distance of 455.1'7 feet to point for a corner, said point also being the beginning of a curve to the left having ~. radius of 156,46 feet; '~'HENE along said curve to the left, having an arc length of 292,89 feet and a chord direction hearing South 08 Degrees 35 Minutes 36 Seconds East a distance of 263,49 feet to a point far a corner, said paint also being the beginning of a curve to the right having a radius of 69,81 feet; Page 8 of ~ ~reate~ ~y Mar~C A. Laird o~. l ~f~61~7 TH~N~ along said cute to the right ha~ig an are length of 1,OS5.~~ feet and a chord direction hearing youth ~~ Degrees 35 Minutes 3d econd~ fast a distance of 7~,~5 feet to a point far a corner; TINE South 3d Degrees 24 Minutes ~4 ecands hest, a distance of ~~~ feet more or less to paint for a canner on north boundary line of the existing Denton czty limits established by Ordinance 74-3~ tract ~~; TINE North 88 Degrees 07 Minutes west slang the north boundary line of said Ordinance 74-3G tract Ii and parallel to and 350 feet north of the center line of said U. . 3~a, a distance of 1,343 feet more ar less tv the beginning of a cure to the left; ThIENE slung said cure to the left and slang the North boundary line of said Ordinance 74~3~ tract li and parallel to and 350 feet north of the centerline of said ~J, , 3 ~, a distance of 5 feet more ar less to the PQftVT DF ~~Cfti]N~N and containing in all approximately I,018 acres of land. ~~~~~ ~ ~ ~~ r ~~ i ~~~~~o~ Clear Creek 1 018 AcreTract i o/zs/~~ drawn b~:i~ark A. Laird EXHIBIT B CITY OF ~~NTON RVI~~ PLAN FAR AU7-DSO - far reed Natr~rl ~er~te Ar Anne~a~ion I. AREA ANN~x~~a The annexation area is generally located west of ~1m Pork of the Trinity .ver, east of Collins Road, and north of U S0. II. INTR~DUCTI~N This service plan has been prepared in accordance with the Texas Local over~.ment Code, ec~ans 43.D21, ~3.~~, and 4.~~~b}-~o~ {Vernon 199, as amended. ll~unieipal facilities and services to the annexed area described above will be provided ar made available an. behalf of the City in accordance with the following plan. The City shall provide the annexed tracts} 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 V,AL~RE~4I ~PR~PRT~ ~NR}, TAB ~R~I~ A, police Protection. and Animal control Police service, including patrolling, response to calls, and other routine functions, wi11 be provided to the property upon the effective date of the annexation using existing personnel and equipment. Animal control services will also be prodded to the property upon the effective date of the annexation. F, Fire Protection p'ire 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 to minutes from station #4,lecated at X110 >~, herrnan Dr, The City of Denton will provide emergency medical services ~"LMT"}. , Roads and streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton andlor Denton Ceunty, sha11 be malr~talned by the City of Denton an the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic central devices will be maintained by the City of Denton an the effective date of the annexation. D. Psrks and Recreation Facilities The closest Denton Pazks properties to the proposed annexation area are Avondale Pazk 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the east and north. 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 due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. Code enforcement will also be provided 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 similaz library facilities aze maintained throughout the city. F. Building Inspections and Consumer )3ealth 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 aze 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 Deparhnent 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 properly by way of adminish~ation of the Denton Development Code, concerning subdivision and land development regulations. 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 100 Year Floodplain 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 comdors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV, ~JT~LITY ~ATEPAY~R~ ERVI A. solid waste ~ollectYOn The pity of Dentan is the exclusive residential and commercial solid waste service provider in the pity. pity Ordin~.nce requires Solid waste services far all residences and commercial businesses located within the city 11m1ts. The pity of Dentan Solid ~V'aste Department is fully funded through the service fees charged, and receives na funding from city tax revenues. Solid waste refuse collection and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation, Ta receive solid waste or recycling collection service, the custvrr~er must contact the pity of Dentan ustamer Service Off ice, 94,349-8787, and submit a requestlapplicatian far service. nmmerc~al customers are reyulred to complete and subrr~lt a Service Agreement to Sa1id waste ustorner Service prior to receiving service. commercial Refuse„and Recycling Services Each. commercial business will be provided with a commercial cantainer~s}, which are available in a va~.ety of sues and frequencies of collection, based on the waste and recyclables types and volumes generated, ~lI refuse placed in the container for collection must be bagged to eliminate wind-blown debris and littering. Refuse that is not placed in the refuse container with the lid closed will not be collected. Refuse placed outside the refuse canta~ner 1s subject to code enforcement regulatzons, including potential fines, Recyclables placed in a recycling container shall not be bagged. container lids shall be kept closed at all tunes during periods of materials storage when not placing materials in e Cantalner~. Land~11 Service The pity of Dentan Solid waste Landfill hours of operation are 7:aD a,rn. to 4:~a p.m. Monday through Friday; and 7:~~ a.rn. to 12:~~ p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 94~-349-710. B. aterlwastewate~ Facilities There are na water ar~d wastewater facilities in the area to be annexed. The pity wall 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 ar projected in the area, . I~rai~nage services Drainage maintenance will `be provided to the property upon the effective date of the annexation, The pity 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, ~lectrica~ services Denton Municipal Electric. is certified by the Mate and is obligated to provide electric utility service to the annexation area should a request be rriade 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 Borne level as similar facilities are maintained throughout the city. ~. ~TH~Ii EI~VI~E Other services that may be provided by the pity, such as municipal and general administration wi11 be made available an the effective date of the annexation. The pity shall provide a level of services, infrastructure, and infrastructure rriaintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the pity with topography, land use, and population density sirrrilar to thane reasonably contemplated ar projected in the area, C„AFITAI~ IN.~PR~V~14~~NT PR~RAIVI (CYP} Na 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 impraven~ents is contemplated as a result of this annexation that would begin within two and a half ~~ %~ gears after the effective date of the annexation. The ~1ty ~ha~~ consider construction ~f other public improvements as the needs dictate on the Barrie basis as such public improvements are considered throughout the pity for areas having similar characteristics of topography, land use, and population density. VII. UNI~'[]R I1~VE~ ~~' ERVII~E pV1AY NAT BE l~.EUI_~ Nothing in this plan shall require the pity to provide a uniform level of fu11 municipal services to each area of the pity, 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 va1i~ far a term often X10} years. Renewal of the service plan shall be at the discretion of pity council. I~, A~NDM~I~TS The ser~ce plan may be amended if the Yty ~aunc~l determines at a ublic hearin ~ g that changed conditian~ ar subsequent acurrences make this erv~ce plan un~va~kable ar obsolete. The pity ~aunc~l may amend the service plan to conform to the changed canditia~rs a~ subsequent occurrence pursuant to Texas Local Co~ernment bode, Section 43.56 err~on Sapp. ~DaO}~ i ~~ cXtllBa , C- b ~P~~T~~NT DF TAI ARMS FO~T'W~RTH Dl~TRICT, ~RPS qF ENCINE~~S " ELM FORK PR~~ECY ~FFl~E 18D~ N. MILL STREET ~~Ly ,~ LE~IS'VILLE, TF~iAS 75~aT-~~2~ ATTEt~TYON 0~' ~Q~TE1~7er ~, ~~~~ ~~.m Fora Pro] ect Office Mr. Ron Mengult~ City Df Denton Planning and Development City Hall hest 221 N. ~1 Denton, Teas ~62~1 Dear Mr. Menguita: 'his letter hereby acknowledges reoeipt of your Not.ioe of Intent to Annex approximately 8~5 acres of federal' property commonly referred to as the Clear Creek Natural Heritage Area on Le~r,~sv~.lle Labe. The Corps of Engineers has r~o objection to the proposed annexation. if you have any further questions, please Contact Mx`. Craig ~YSlingbury at the Lewis~ri~.lelRay Roberts Lake office o.r by telephone at {469} 645~91D~. incex~ely, Tlm N~acAllister 51te Manager Lewis~rille ar~d Ray Roberts Lakes AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8351 SUBJECT A07-0004 (Wild Mustang Crossing Annexation) Consider adoption of an ordinance on second reading, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/Teasley Lane approximately 200 feet west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). The property is legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County, Texas. The Planning and Zoning Commission recommends the annexation proceed as scheduled (5-0). BACKGROUND Applicant: Wild Mustang Crossing, Ltd. Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Wild Mustang Crossing. The property is one of three abutting parcels owned by the applicant. This property is located to the immediate south of Guyer High School. The following items summarize the proposed annexation and important actions taken: • The application for the annexation was received by staff on August 6, 2007. Letters to adjacent property owners also in the ETJ were mailed on August 24, 2007 to see if they would be interested in adding their property to the annexation request. Staff has received no response from the two adjacent property owners. ~ On Friday, August 24, 2007, the City Council was informed (reading file) of the request for the voluntary annexation proceedings for approximately 0.123 acres of land legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County, Texas. ~ On October 2, 2007, the City Council held the first of two required public hearings to consider the voluntary annexation and service plan. ~ On October 16, 2007, the City Council held the second of two required public hearings to consider the voluntary annexation and service plan. • The Planning and Zoning Commission recommended the annexation proceed as scheduled at their meeting on October 24, 2007. ~ On November 6, 2007 the City Council considered the adoption of an ordinance for the voluntary annexation on first reading. • 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 Existing Land Use designation. 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 subject to only the City's subdivision regulations and not zoning regulations. The subject site is not platted; 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. However, staff did contact adjacent properties east of the subject site to ascertain their interest in annexing to the City, and as of this writing staff has received no response from the property owners. 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 and Zoning Commission recommends the annexation proceed as scheduled (5-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 2, 2007 First City Council Public Hearing October 16, 2007 Second City Council Public Hearing October 24, 2007 Planning and Zoning Commission Public Hearing November 6, 2007 First Reading of the Ordinance at City Council 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. Location Map 2. Annexation Schedule Summary 3. Service Plan 4. Service Area Analysis 5. Petition for Annexation 6. Notification Map 7. Minutes 8. Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: ~~ Lori Shelton Planner II EXHIBIT 1 Location Map EXHIBIT 2 Annexation Summary Schedule Wild Mustang Crossing, Ltd. Annexation Notices to Intent to Annex (30 day prior to 1 St PH) will be sent on August 3 1, 2007. Tuesday, 10/2/07 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, l0/16/07 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, l0/24/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the proposed annexation. Tuesday, 1116107 City Council by afour-fifths vote institutes annexation procee ings. 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, 11/11/07 Ordinance published • The ordinance cannot be acted upon until at least 3 0 days after publication. Tuesday, l2/11/07 City Council by afour-fifths vote takes final action. Second readin and adoption of the annexation ordinance. • Council action must be more than 3 0 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1 St reading). The second reading of the ordinance could be held any time between December 1 1, 2007 and February 4, 2008. 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 Service Plan CITY OF DENTON SERVICE PLAN FOR A07-0004 -Wild Mustan Crossing Annexation ..~ AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 0.123 acres of land generally located generally located northeast of the bend of F.M. 2181/ Teasley Lane, west of Old Alton Road to the immediate south of Guyer High School and legally described as Tracts 9 & 10 in the J. Baker Survey, A1403A. 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. AD VALOREM (PROPERTY OWNER) TAX SERVICES 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. 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"). 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. 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. 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. 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. 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 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 the properties are annexed. UTILITY (RATEPAYER) SERVICES Solid Waste Collection 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 Allied Waste Services. Contact Allied 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. Commercial roll-off containers are available for construction materials. 20 and 3 0 cubic-yard containers. Compactor service is available. Contact the City of Denton Customer Service Office, 940-349-8787, to obtain commercial container sizes, and rates. 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. Water/wastewaterFaci1ities There are no water facilities and no wastewater facilities in the area to be annexed. 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. 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 proj ected in the area. 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. 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 proj ected in the area. 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 (21/2) 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. 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. TERM This service plan shall be valid for a term of ten (l o) years. Renewal of the service plan shall be at the discretion of City Council. 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 Service Area Analysis A07-0004 -Wild Mustang Crossing The Planning and Development Department has received a request for voluntary annexation and service plan for approximately 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/ Teasley Lane approximately 200 feet west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). Size: 0.123 acres Location: Northeast of F.M. 2181/Teasley Lane approximately 200 feet west of Old Alton Road Proposed use: Unknown Proposed zoning: Rural Development 5 (RD-5) 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 has no direct access to an arterial or collector road. It is expected that the property will develop in conjunction with two other adjacent parcels under the same ownership as the subject site. The other two parcels have direct access to a primary major arterial. Future Land Uses. designation. The proposed annexation area is within the Existing Land Use Existing land uses: The subject property currently has agricultural buildings on it. Prominent natural features: There are no prominent natural features on the site. Proximity to other service providers: Based on the current data, there are no sewer or water lines on the subj ect property. SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing FIRE 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 6 , located at_3232 Teasley 2. Estimated response time. 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? N/A_ 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? N/A_ 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. _N/A_ 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? _N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A_ Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A_ Additional Comments: Rick Jones, Fire Marshal Person to contact if there are questions October 31, 2007 Date SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing 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 Cross Timbers Park,1.5miles to the northwest. The DISD Guyer High School is adjacent to this site and offers some recreational opportunities to the general public. 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 Parkin the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres 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) X38,000 per year cost per additional personnel Additional Comments: Bob Tickner, Superintendent of Park Planning and Development, 940-349-8275 Person to contact if there are questions Date: 9-18-07 SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing Police 1. Estimated average response time for this area based on current department conditions: Non-Emergency Response Time is 19 minutes. 2. Appropriate average response time in the city based on current department conditions: See Question 1 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? what type? No If yes, 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 e operatlona ? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? N/A Is there an accepted facility/equipment 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? NIA Additional Comments: Scott Langford Person to contact if there are questions 10-22-07 Date SERVICE AREA ANALYSIS Library A07-0004 -Wild Mustang Crossing 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 the proposed annexation area contains approximately 0.123 acres of land, the annexation and development of Wild Mustang Crossing will not have a negative impact on library services. 3 . At what population level would another library facility be required? 131,73 8 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes; 8.7 is the national 2006 annual circulation per capita average for the legal service area population served by the Denton Public Library (DPL). 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes; according to the Texas Public Library Standards it is 1 FTE per 1,000 population and 1 MLS (Master of Library Science) per 8,000 population. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, with the planned expansion of South Branch. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: This annexation will not impact the current level of library services. Eva Poole, Director of Libraries September 14, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing 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. Incremental Cost Personnel. Incremental Cost 4. What is the typical revenue collected per: Household. Three residential refuse cart sizes are available. Commercial Business Varies by container and service level. 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: Please contact Customer Service, 940-349-8787, for residential refuse and commercial refuse collection rates. S. Lebsack, 940-349-8069 Person to contact if there are questions 9/18/07 Date SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? The nearest electric line is asingle-phase primar, l~providing electric service to the water stora . eg tank. 2. What type of lines and facilities would be required to serve this area? Three phase primary electric lines would be required to provide electric service to this area. 3. Are any new lines or facilities proposed for construction to serve this area? No 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? 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: Don McLaughlin Person to contact if there are questions 10/19/07 Date SERVICE AREA ANALYSIS Wactewater A07-0004 -Wild Mustang Crossing 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. 8 inch Location of sewer line. Red Bud Street Distance from proposed annexation. _1200 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. Size Year Location Water lines Sewer lines 8 inch Not in Master Plan 4. Are there any City of Denton lines included in the proposed annexation? No sewer lines are 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: P. S. Arora Assistant Director Wastewater Person to contact if there are questions 11-3 0-2007 Date SERVICE AREA ANALYSIS Water A07-0004- Wild Mustang Crossing 1. What is the nearest City of Denton water line? a. Size of water line. b. Location of water line. c. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? a. Size of sewer line. b. Location of sewer line. c. 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. 4. Are there any City of Denton lines included in the proposed annexation? 5. Please comment on the cumulative impact of annexation and development a. At what population level would additional equipment be required? b. Is there an accepted equipment to population ratio that can be used for planning purposes? c. Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: There is an existing 8 inch waterline that runs across the frontage of the parent tract on the north side of Teasely Lane (FM 2181). We have no planned capital improvements in the future that would affect this tract. Tim Fisher Person to contact if there are questions 11-2-07 Date SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing En~ineerin~ 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? None Name and location Type of Improvement Approximate Cost 2. Are any of these improvements presently scheduled to be done at state or federal expense? _~es_ If yes, please identify facility and anticipated date improvements will begin. _Improvements to FM2181 by TxDOT to a 6 lane divided -project improvements 2010 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). Storm water runoff from this area eventually drains to Bryant Branch Tributary 1 and then to Hickory Creek. No drainage improvements are anticipated at this time to be constructed as a result of this annexation. 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. none At what population level would additional equipment be required? _N/A_ 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: none Bernard Vokoun 10-26-07 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 -Wild Mustang Crossing 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 EXHIBIT 5 Petition for Annexation -~}~ ~ ~+~ _ #~~ ~ ~~ ~ ~ Tie 71 .~ ~ ~~ ~ T707 ,; i~f~a$~ ~~.~ ~~ i~ i~~taflt~ i~ ~te~bly ate nity' tie ~~ti~ ~f e~i~ ~~a~thati~a ~~~t ~c, ~ a~~ am x~ ~£~~ i ~f It~n. 1 ~ Is ~etitian 1 iait~d r~s ~n~or~tp ~f tetcd is of ~t~ Yes If ~i ~ is t~~ . I~. ~a~y ~~ ut~#s l poi t any ~q fps ~~tia~? ~~ ~+ ~ y ~~ ~ ~~n-id~nt f ~~s ate lamed ~t 1~~ a of ~~que F1~ase pt~id,e ~ pti~a of tl lid u,~q iadu~n~ ~ the bu~u,e~s, ~f fin, w ~~ - ,_. ~. L St ine ~~ tettiba with #~~ city ~ of t~ia~ ~ ' ~n~ dty~ ~~ If , ~i c~ty~ ~„ ~,~ 5~ P~im~~d ~~t of # ~ r~es~ 1~: ~,~ l~r~a: . ~lusnbc~ ~~ e~~ ~. At ~~ ~f t~uie pe~ti ~~e any ~ arxti ~~ ~di~-t~ f~ ~ auy fact ~f tl~ r~gacs ~ ass petiti~~ , ~f ~~, gl~aae p~oaad 1~ s~.~d tb~s tea. 7. D ~ r ~rpply ~istric~ lip ~t ~~ b#aai~s ~~ the a ~~ ~ a~~ti~~ , ~~ ~. t diet is ~ ~qt~ i~' any, nnr ar~tc ~~p~ai,tiaa~ 9. ~~~ ~ # ~e ~f ~~ ea~ti~~ i i EXHIBIT 6 Notification Map Public Notification Date: October 12, 2007 200' Legal Notices* sent via Certified Mail: 3 Number of responses to 200' Legal Notice: ^ In Opposition: 0 ^ In Favor: 0 ^ Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Sheet, Denton, TX EXHIBIT 7 Planning and Zoning Meeting Minutes c~aar~a ~ ~~ ~ ~ ~ l ,~~I ~v~TxB-r~: It's n ~ 4 -~ 1 1~I~~I~F~R E~T~I~: Ir, heir, mould ~ ~ A ~ t heeriagr ~ end that #h~ x cti as ~ Aunt an~ian and eerviw Flan f~er ~ ~~, 4 a~~ri~ae e~ -- .1 ~~ ate, T~ pr~p~'ty t~ ~~ 4 ~O~~I~BR ~fA'~; '~~ ilk ~ ~nnex~ed is ly l.~ca#e~ ~ ~f ~-t~-~+iarket ~ ~ ~I~I EAT, ~s, ~ ~~$1~Tea 1~t1~; t A1t~n mod. ~~"~ gild ~ ~~I~I%IBR ~i'T~IN~: ~ ~, ? u ~in~. '~ ~~I~R III; ~cirn~ $ ~, ~ plea. ~ OD~-+~5$~I Tom: ~ ~~ ~ . ~'; Tie Arty t4 anm~x~d ~ , ~, ]4 i~ l~at~d irY t~orth~c~at of 'Cey Lie tom' ~ 1~ P1 ~ ~ the ~bo~d, l i imme~ie of r H.i ~1t ~ yon ca~a ae~ 11 ~l~y~ 'l~tf s fiy~ #~ .' thank ~. 1~ b ~n the l~atie~ n ~ ~ ~ ~ 1 ~ 1~ ~~ ~ 1~ Thia i~ the p~ t~ be ~d. And ~4 i 1~ it i~ ~ p~ ~f ~ inti~ ~i m np of 1~ ~~ mat lpt~ I sh~ui~ s~ p~roels this i~ X11 1~ I~ r ~n~ ~i~. Tb~ suzr~ndin~ tl~~ wit}~n 1'] i ~ a lfmdats 1~ -~, whiff is the nharb,ao~d ~ ~ . 1~ idC~tial with piing per acs. T is i ~ ~ ~ ~nmg r~que~ to ' ~ ~~ ~1 tha suhja~t ei as l ~a they r tv~ t~ he ~ 1 ~ . i r k~ NRAd[I. ~~ ~~ ~6viaasl~rt w~ tb~t ~3 ~ i~ #~ a~n~x~ad we$ a'1"1~y ~4 ~ . il~ ~ LLLM'! ~'Y •~• ~J.IYL SLIII~~rL~ ~ 1 +~~ ~~ I . ~Pa 4Q 1 too ~~0 dram I~r lit ~f aad that vd ~ ~ ati~n bv~m # time, ~ ~ Hg's t~ natifiee~ m~p~ ~ ~ ~ ~ . ~ t~aeiv~d t~ [~ f~ma cur n~tifti~n ~~. ~ ~ This ~ roq~~st~ha~ 6e~ heard ~fe~ t~ it ~ ~ mil i~ t~ tvV~~rlu~ public heats ~a ~ 7 I~r 11th ~+ae the fiat r~in,~ ~f the ~ S ~ ~# qty ~i~ ~ ter 11th ~ ~ ~ reams ~f t Qradina~~ is sdd t~ p ~ . ~~ ~~ pfoeess. "I~ ~ R~ 1~ ~ 1 ~~it r~mmes that the ~lg a ~ ~ ~ !~ ~missi~ ree~~ tit xaptio~ ooat~~s a~ ~~ i~ ~ ~~ 1~ ~~~~~ ~~~ i~ 1~ $~u~ds l you did ~ ~] ~~~, 1~ ~~ Ail right, "This ie e a ~. I~ 1G . 1~ t1 ~ny~ae t v~o~ld ]ire ~ ~ ~~r t it~n~ 1? ~~ Any w ~ e$ 1$ ~ 1~ F#~rn~ ~ 1~ I~ tl~ ~ time? ~~ ~1 MR. Li~~; ~~. ~ ' ~LNE~ ~A'1: A11 right. e'11 ~3 ~ ~ ~uhlie beefing. mss? ~~ I~ ~1 I~Ti~ ~I~III+~ PiI~I FoI~ 1 ~-~7 ~a, 3~ - ~~ ~~ EXHIBIT 8 Ordinance ~ '~. ~~~~ ~F 'I'SO 1'I~ ~F ~ ~' ~P'~~~'I`~I~~ ~I~I~I'I~I~ ~~ ~ ~ 1~~1~'I'S'~ ~F Fri, ~1~I~~' T~ ~T a ilk ~ ~ I ~ ~.1 ~~ ~~ ~ ~i1~~t~n® art 1 ~p 1 the ~i~ i~ ~ ~a -~ ~~ ~~ ~f't~.~ T~~ I~~a1~~~ ~r ~~~ ~~r ~~ ~~~ ~ ~~ ~d ~ m~~i~~ ~ ~~ a t i ail t arm ~~~~ 1~ ~re1~ t ~ in~1u t~ i ~~ ~ Ts ~ ~ r~eu~t th~~ $~ r # i ut~i1 ~]1 ~ a pia in i~ t ~d ~ r~q ~~ t ~i ~ p~~l ~~ rid ~ ~ } , . ' #~ ~~ rein ~~ ~ ~ ~i.~ ail 1 ti ~ re~~d~~ ~it~ ~ar~r~ . . ~r ~ ~ tit t~ ~i~1 ~ the ~it~ #~ + ++~ ~~ ~ tiff L 11L1 ~~ ~+~^~ 7 + +r~ +-4~5i~iGr~~ ~ f ~~~ 1 ~ ~$ ,1.$ 1~~1~ x#11 lIY ~~ ~~~ 3BG"f11DN ~.. Tie P'rag~ty i~ hammy an4-ecr,ed do the City o~ rtom, Tex9~. at 1 ~l ~~ ~~~~ ~~i ~ ~ t~ ~~ r~s ~Ur ~ #~ ~i ~'It~ all ~ ~~' #~ ~l~ ~d i~ 1~ * I~ ~~ ~'t~ ~ ~a~~ l vii ]~i~ ~~ I'I ~ ~~ ~ X11 ~ ~~ i~ ~ ,_„ ~~ ~ ~~ ~~~ ~~~ ~ ~ ~~~ ; ~~: ~~ ~ ~ ~~ ~~ ~: ~~~ E E~hl~ ~ TF~~ ~F LAN ~ L~T~~ I H THE ~l. ~. E}~ ~~IE1~~ TIT I. ~~a ~ E~IT~~ l~i~IT~, TE~~ EEIN~ ALL ~F ~ TIC ~F L~~I~ ~~I ~ E~ I ~ ~ ~EE~ T~ F~~N EEII ~I ~f~ ~ ~TH~ EI IEI~11~, F~E~F~~E~ I ~ ~ ~ ~LEI~ FILE ~I~. ~~a ~ EEC ~f~ ~F~I'T~~1 I~~IT1~~ TES ~a.~a..T.~ ~N~ ~EI~I ~E ~FTII~L~~L ~EEIEE~ ~~ l~ETE~ I ~ E~~ N ~~ ~~LL EEI ~I~I N ~T ' I I~~N ~ FBI H~ ~E INS THE ~~I~TH EST IAN EIS ~F ~I ~ E E I~LI H TFT, ~~I I~f ~ I N TH E I~TH LI CIE ~F LET ~ , ~L~I ~ TAE L~~I E H I~ H ~ H ~~L ~~~ITI~ hl, ~4N ~ITI~ I~ T~ TIDE IT1~ ~F E EhIT~M, ~Ef~T~f~l ~' TE~i ~E~~E~ E~ ~L~T III ~If~ET ~a RAE ~~~' ~L~T III ~ENT~~I ~~ITI~, TES ~F~F~~,,T. ~, I~ EEI ~ TH E ~I~I~T~I~T ~N~F~ ~E ~ Tl~T ~I' L~ AEI ~E ~ ~H ~ ~EE~ T~ ~E~I E I ~, FLEE ~~~ I ~ ~~L~~1E ~~, ~E ~~~ a. ~. ~. ~.T.; TH E N ~~ ~' ~L~I~ ~H E EST L IN E ~F ~ ~E~L~~I TAT Th1E EST LIME ~F I~ E~~~ Tf41'} FEET T~ ~ 1 P~Ih~T ~~N~ IN THE EJT~N~ ~` LI I~ ITS LI hIE II~E~ I f~ CTI~ ~F ~Eh~T~N ANN ETI~~I ~F~~~ IIE ~~•~ ~ ~, ~I~I ~ E EI N I~! }~ ~I~I~I-T~IE~! fi ~~ ICE T~ TH E ~1~ ~~ TH ENE ~LI~ a IT`S LII~ ~'~ LI f~ E ~~~ ~L~~I I ~ ly~_TI~E ITT ~~E T~ TH E F~I~HT H~1~1 ~ la~l ~E ~~~.~~ FF~ET~ ~ ~ELT~ ~IL~ ~F 4~~'t ~ H~F~~ ~~I~ H °~ ~'~~~ , ~ ~~~ FEET, ~~~ ~ L EI~IT~I ~F ~ ~~~ FEET T~ ~ RBI ~T I H TH ~ hl~ NTH LI f~~ ~F I ~ ~L~ H TTY T ~ THE NTH LI CIE ~F I ~ LET ~ ; TI•i ENE H ~~~~'~' ~ ~L~H~ ~ ~ ~F~H L1N E ~f ~~RLI N TIT ~~~ THE ~~T'H LI HE ~F ~ LET ~ ' ~ ~ ~. EEEfi T~ T~I~ ~E ~~ ~E~~~IIV rN~ ~H~ ~~IT~I~rhl ~. ~ ~E ~~~ ~E EEET~ ~F L~hl~. E~YIBFI' A-~ LOCATII~T ~HA~ R _i ~~ •, ~'1TY OF DE1~TT~7N A11EATI~N PLA1~T P'()R AO'T-0014 ~ Wild utng roe~i~g ~ ~_f~~~~ ~~ ~Y~L ~~~~i~ ~ ~ ~~~ ~~~d~~ ~~ ~ ~ ~ ~_ ~ ~ ~~~ ~~,~d 1 ~ ~ T1'~ T ~ ~ 1115• ~' ti~ ~ f ~~ ~ #~I ~~ ~~ ~~ ~~ ~ ~~ ~~~~~~~~ Fs~ - a t~ ~ ~ ~ ~ ~ ~~ ~~~ ~ r~~ ~ ~. ~~ ~ ~ ~ ~~ ~ . ~~ ~ ~ ~ ~~~~~~ + ~~ ~ r ~~~ ~, N~ ~~ ~ fwd ~it~~ t~ ~ ~ ~~~~~ ~ ~ ~ ~~~ ~ ~ ~~~~ ~ ~n ~~~~ ~ ~~~~, ~ ~~~i~ ~ ~~~~~ ~~~ lip ~~~ ~ ~ ~ ~ ~~~ T ~~~ ~ ~ ~ ~ ~ ~ ~~~~ ~ ~ ~b~p~ ~ ~ ~~~~ ~ '~-l+a~ ~~ ~ 1~ ~ ~~~d~~~~~~~ ~~ t~r~~ ~ ~~ ~ ~ ~~ ~1~~~ ~ ~~~~~ ~ ~ '~~~~r~ ~~d ~~~~ ~1~~~~ ~~~~~~ ~ ~~~~~Ia~~r~md~~~~~ ~di ~i ~~~~ ~~ ~~mi~r~~~~~~~r~~~~ ~ moe~~ ~~ ;~ ~ ~~ ~ ~~i1~~~ t~ ~~r~ ~~~~~~~ ~~~~ ~ ~ ~ ~~ ~~ ~4~ ~~+~ ~ d~~~~~~~ '~~ ~ ~ iad ~ ia~ ~~ ~~~ ~ ~ ~~ ~~~ ~~~ ~~ . ~~I ~~~ ~~~~~~ ~~r~~~ ~ ~ ~~~~~ ~~d~~#~d~~~ ~ ~ ~ ~ ~ ~~i~~~ ~~ ~~~~~~ ~~ ~ n~~ ~~~~,~ ~ ~~~~ ~~ AGENDA INFORMATION SHEET AGENDA DATE: December 1 1, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 SUBJECT - V07--0016 (Tomasa Garcia Office Building -Road Construction Variance) Consider an appeal of the Planning and Zoning Commission denial of a hardship variance request. A hardship variance was requested to Subchapter 35.20.2.L. of the Denton Development Code regarding the requirement for perimeter road improvements. The approximately 2.6-acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General (DC-G) zoning district. The Planning and Zoning Commission denied the variance (3 -2) on October 24, 2007. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX On October 24, 2007, Isbell Engineering on behalf of Ms. Tomasa Garcia presented a hardship variance to the Planning and Zoning Commission. The hardship variance was requested to Subchapter 35.20.2.L. of the Denton Development Code regarding the requirement for perimeter road improvements. In a companion case, the applicant received approval of a hardship variance to Subchapter 35.20.3. of the Denton Development Code regarding the requirement for sidewalk construction. The applicant requested a variance to this requirement in order to allow them to construct 5-foot sidewalks instead of the required 8-foot sidewalks. The applicant is appealing a decision by the Planning and Zoning Commission in which the Commission denied a hardship variance which would have relieved the applicant from the requirements to improve the roadways along the property frontage to class standards for a commercial collector. PRIOR ACTION/REVIEW April 2, 2007: A building permit application was submitted for an office building on the subj ect property. April 20, 2007: Staff review comments were returned to the applicant, including comments from the Planning Department that the property would require a preliminary and final plat before a building permit could be issued. September 24, 2007: Subdivision Variance applications were filed by the applicant requesting variances regarding sidewalk construction (V07-0017) and perimeter road improvements (V07-0016). October 24, 2007: The Planning and Zoning Commission considered the variances and recommended approval of the variance regarding sidewalk construction (4- 1)and denial of the variance regarding perimeter road improvements (3-2). November 13, 2007: The applicant's new representative contacted the Planning Department to file an appeal to the Planning and Zoning Commission denial, and an official letter of appeal was submitted on November 16, 2007. RECOMMENDATION The Planning and Zoning Commission denied the variance request (3 -2). EXHIBITS 1. Agenda Information Sheet 2. Letter of Appeal 3. Staff Report from the October 24, 2007 Planning and Zoning Commission Meeting 4. Minutes from the October 24, 2007 Planning and Zoning Commission Meeting Prepared by: Jane Gurney Planner I Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: V07-0016 Appeal DATE TO BE CONSIDERED: December 1 1, 2007 LOCATION: The property is located at the southwest corner of West Collins Street and Locust Street. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Tomasa Garcia 316 Dallas Drive Denton, TX 76205 REQUEST: Consider an appeal of the Planning and Zoning Commission decision to deny a hardship variance request. RECOMMENDATION: The Planning and Zoning Commission denied this variance request (3-2) on October 24, 2007. COMPREHENSIVE Downtown University Core PLAN DESIGNATION: SITE AND The approximately 2.6-acre tract of land is located at the southwest SURROUNDINGS: corner of West Collins Street and Locust Street, east of Fort Worth Drive. The property is within a Downtown Commercial General (DC-G) zoning district. North: Residential properties, Commercial properties and Eagle Drive; DC- Gzoning district. South: Commercial properties and undeveloped land; DC-G zoning district. East: Locust Street, Railroad right-of way, undeveloped property; DC-G zoning district. West: Forth Worth Drive, The Exchange at North Texas Apartments; DC-G and DC-N zoning districts. 3 BACKGROUND: The a licant is ro osin the construction of a 6 905 s uare foot pp p p g ~ q office building on the 2.6-acre subject property. A building permit application was submitted in April of this year, and as part of the review of this application, the applicant was informed that the property was not platted, and a preliminary and final plat would be required before a building permit could be issued. The applicant submitted two variance applications in September of this year. One variance request proposed the construction of a 5-foot sidewalk along the property frontage in lieu of the required 8-foot sidewalk (V07-0017); this variance was granted by the Planning and Zoning Commission on October 24, 2007. The second variance application was requesting relief from the requirement to construct perimeter roadways to Commercial Collector standards (V07-0016); this variance was denied by the Planning and Zoning Commission on October 24, 2007. The applicant's representative has hired Larry Reichart, Spring Brook Planning to represent them in this appeal. Mr. Reichart has submitted an official appeal of the Planning and Zoning Commission denial of the variance from the requirement to construct perimeter roads to class standards (Exhibit 2). ANALYSIS: The applicant is attempting to construct a 6,905 square foot office building on the 2.6-acre subject property, and to maintain a second existing building on the site. The applicant was informed that per the Denton Development Code, they would be required to plat the subject property or demonstrate it is a lot of record before a building permit could be issued. They were also informed that as part of the platting process, public improvements including perimeter paving and sidewalk construction would be required. The applicant expressed that this was a cost that they did not anticipate, and that they would not be able to carry this cost and still construct the proposed office building. Staff suggested platting the property into two lots, and final platting only the lot which the office building was to occupy; doing so would have relieved the applicant from constructing the roads along the entire property, which is approximately 862 feet of frontage, and permitted them to only be responsible for the road along the platted lot, approximately 300 feet, based on the submitted site plans. The applicant has indicated they do not wish to plat the property into two separate lots to avoid restricting future expansion of the proposed office building. The applicant's uncertainty with the future development of the property was a cause for concern for staff. If the variance were granted, the entire 2.6 acre site would be exempt from improving the perimeter roads regardless of how the site develops or the traffic 4 generated by any developments on this site, in the future. The subject property is in a Downtown Commercial General (DC-G) zoning district, which permits a number of intensive land uses by right, including multifamily developments with densities of 150 units per acre, restaurants, retail sales and services, indoor recreation, professional services and offices, colleges, elderly housing and medical centers. There are also no maximum lot coverage regulations or minimum setback requirements in Downtown Commercial General (DC-G) zoning districts. Although the applicant has stated their intent is to only develop a 6,905 square foot office building at this time, the absence of an approved, or submitted, plat prevents staff from limiting any other developments to this site, or from comprehensively assessing the impacts to the streets by the proposed development, or by subsequent developments. The applicant's representative, Larry Reichart, requested further consideration of the variance request. Mr. Reichart has suggested that the applicant would be agreeable to conditions being tied to the granting of the variance, including: 1. The platting of the area into a single lot. 2. The dedication of all of the required right-of way for Locust Street, in lieu of constructing perimeter paving for Locust Street if the cost of the improvements are comparable. 3. The construction of no more than 7,405 square feet of building(s) on the subject site; an application to construct more than the proposed office building (6,905 square feet) and an additional 500 square feet (either as an addition to the proposed building or a separate structure) would trigger the required improvements to Collins Street to commercial collector class standards. 4. The subdivision of the property would trigger the required commercial collector class standard improvements to Collins Street. The Engineering Department has not had an opportunity to evaluate the above conditions, but has provided for similar concessions previously regarding right-of way dedication if the cost of the land dedicated as right-of way is comparable to the cost of construction. 5 DEPARTMENT AND Staff cannot complete a thorough proportionality assessment of this AGENCY REVIEW: property and the proposed development due to the lack of information regarding the future development of the subject site. The Planning and Zoning request on October 24, 2007. request. Commission considered this variance The Commission denied this variance 6 r..... • f ... _ ;' ~ ~'' ..' ' w~ v ~< ~~ k 5 0• ~ ~ :Fi i ~+ •'~:i' n {~~ ~, ~; -S.+' ~ a ~iF ~ ~. .i.r. November 16, 2007 Mr. Brian Lockley, AICP Director of Planning and Development City of Denton 221 N Elm Denton, TX 76201 Re: Appeal of Planning and Zoning Commission decision of V06-0016. Dear M r. Lockley. have been retained by the applicant to represent them regarding variance V07-0016. At this time we are formally appealing the planning and Zoning Commissions decision and request that you schedule a hearing at the earliest available City Council meeting. The basis for the appeal is simply that the project cannot forward without the variance and we need to exhaust all possible avenues available to us to obtain approval of the variance. Additionally after a review of the Planning and Zoning Commission minutes believe we, as the applicant, can do a much better job of presenting clearer justification for granting the variance. We believe that if this caser is forwarded to City Council and presented in a clear concise mannerthe outcome may be different. Thank you in advance for your consideration. I look forward to working with you on this exciting project and if you have any questions or need any additional information, please do not hesitate to contact me. 2405 Mustang Drive /Grapevine, Texas 76051 / 469-955-8580 / 817-329-4453 (Fax) EXHIBIT 3 STAFF REPORT FROM OCTOBER 24, 2007 PLANNING AND ZONING COMMISSION MEETING AGENDA DATE: October 24, 2007 DEPARTMENT: Planning and Development CASE MANAGER: Jane Gurney, 349-8368 SUBJECT - V07--0016 (Tomasa Garcia Office Building -Road Construction Variance) Consider a variance to Subchapter 35.20.2.L. of the Denton Development Code regarding the requirement for perimeter road improvements. The approximately 2.6-acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General (DC-G) zoning district. BACKGROUND Applicant: Isbell Engineering Group Sanger, TX The applicant is requesting a hardship variance to relieve them from the requirement to construct the roads adjacent to their property to commercial collector specifications (Collins Street and Locust Street). The applicant is currently proposing to develop the site with a single office building, but may subdivide the property into two separate lots in the future. As well, the applicant may propose an addition to the building in the future. According to the Denton Development Code, 35.3.5.B.2.b., "Hardship Variances may be granted on a finding that the purposes of the regulations may be served to a greater extent by an alternative proposal. A variance maybe approved so that substantial justice maybe done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning and Zoning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:" 1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; The applicant has requested a variance relieving them from the requirement to improve the perimeter roads around their property to commercial collector specifications. The existing roads will accommodate two-way traffic, and provided the development of the project does not exceed their anticipated traffic generation levels, and adequate onsite parking is provided, it is not likely the granting of the variance will be detrimental to public safety, health or welfare or injurious to other property. However, if the applicant 7 decides to subdivide the property and construct additional office space the total effect of the development will necessitate the widening of Collins Street. 2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; The requirement to construct perimeter streets to collector specifications applies to all commercial development located on collector streets. Frontage along a collector street is not a condition that is unique to this property, or not generally applicable to other property. 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the subdivision regulations is carried out; The applicant has cited the cost of the road construction as a h ardsh ip that would result from the construction of the required roadway and the applicant believes the cost of the roadway is not proportional to the cost of the development (Exhibit 4). 4. The variance will not in any manner vary the provisions of The Denton Plan, the Development Code, and the Denton Mobility Plan, except that those documents may be amended in the manner prescribed by law; and The proposed development of offices on the subject property is consistent with the expected development in the area, according to the Denton Plan and the Development Code. If the variance is granted, the Code requirements for perimeter street improvements would be an exception from this finding. 5. The special or peculiar conditions upon which the request is based did not result from or were not created by the actor commission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. The conditions upon which the request is sought are not the result of any acts or commissions of the owners, and the requirements from which the variance is sought have been in place since 2002. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Development Review Committee recommends denial of the requested variance. 8 FXHTRTT~ A. Location Map B. Aerial View of the Subject Site C. Zoning Map D. Letter From Applicant E. Site Photographs F. Proposed Site Plan Prepared by: Jane Gurney Planner I Brian Lockley, AICP Interim Director, Planning and Development 9 o~denseIt ~ ~ Page ~ I PR~CEEDINS 2~ ~~DMNf IS~I~NERS ANDERSON, wATKIN, LYKE, ~ KING AND EAGLE'~'~N PRESENT.} 4 C~IVIMISS~~NER wATKINS: Crood evening, ~ ladles and gentlemen, welcorr~e to the October 24th, 207 City of Denton Planning and honing ~omn~ission meeting. 7 we have a quaruna present and so if you' Il j ain one, the 8 first item listed on our Agenda, the fledge of ~ Allegiance. would you please face our flags. ~ ~ Pledges were recited.} I I ~DMMISS~DNER wATKINS: Before we continue I~ with our meeting, this is not on the Agenda, but I feel ~ ~ it certainly would lie necessary to note the passing of 14 Dr. Mary Thibodeaux, she passed today. She's a member 1 ~ of this group, is a wonderful person and somebody that ~ b we will really, really, really miss. If you will j oin 17 nee in a few minutes of silence in memory of Mary. Thank 18 you. I9 Moment of silence.} 20 CoNiMISDNER wATKr~s: All right. we ~ I will move on then with the minutes from our October the ~2 1 ath meeting. Everyone's had a chance to look over Z3 those. Z~ COMIV~SSTONER EA~LETON: Mare for ~5 approval. Page ~ I ~OIV~MIS~ONER wATKINS: 1V1ove approval, ~ Mr. Eagleton. 3 C~MMISSiONER LYRE: Second. 4 Co1vI1v~~SSY~NER wA,TK~NS: Dr, Lyke seconds. Please vote an the board. 6 There eve ga. Thank you. ~ And then we+11 move to the consent $ Agenda, we have had an opportunity to vlslt with the 9 three items on the consent Agenda: ~ A, B and Do we I~ have cliscussion here`? II Yes, Mr. Drake. I2 MR. nRAKE: Mr. chair, J ust as a I3 rernindear, we discussed that Item 3 B would be pulled I4 from the agenda sa any motion should address only Item I~~Aan3~. ~ G COMMISSIONER i~'AT~NS; Dkay. Yes, 1~ Doctor. I $ COM1vIIS~TONER KIND: You go ahead. 1 ~ COMMISSIONER LYRE; Coo ahead. I' 11 2~ second you. 2I COMMISSION'ER KING. Move to approve Items 22 ~ A and ~ . ~~3 COMMISS~~ON~R wATKINS: okay. 24 ~ CQMMISIONER LYKE: I second that. 25 COMMISSIONER wATI~NS: And Dr. Lyke Page 4 DENTIN PLANNII~ AND ~[~N1N~ PUBLIC SESSION ~ ~-~4-~7 Page 1 seconds it. ~ ~ Please vote on the board. ~ And we wart ~ rYiotlon t0 pOStpOn~ ~, ~. T 11111. iJ~e. 1/d~ ti4111J„I.~~~1 !' e~yr~ ~ C~NMS~I~NER wATKINS: ~ There's stir 6 negotia~on under way w1th that ite~ and a B, da ~~ 7 have a motion ~~ continue it to a ~atcr date? S ~~MMIIONER KIND. Y move. 9 C~MM~SSI~NER ~vATKIN: Mr. King. 10 C~IVIDNER LYKE: Second. 11 ~OMIUIISSIONER wATI~N: Dr, ~,yke. ~~ C~MMr~SIDNER ~,YKE: ~N~ds aff~.~matively,} 13 ~~NIlVIISI~NER vV~A'I'KIlV: ~ dote 0~ the board, 1~ please. 15 Passes, 1 fro to item No, ~~ 1 lYlL~, ~~E. ~ l1~irV f ~ll~i M'aL~i 1~i1~L 111d~ l t 1 S register. Doctor -- s. Anderson didn't register, 19 ~O11~IVIII~1~ER ~vATKIN: Cr~~r1a. ~o Now we have Yt. Now we shave it cleared ~1 ~~~~. ~~ ~3 ~~ ~5 Page 1-Page ~ .,, .. ... . ~.. ...; CondeaseIt! `"` Page 5 1 COMMISSIONER WA7ICINS: Then We have i[em5 2 for individual consideration: 4 A and B. I'm going [o 3 take the liberty to bring the discussion for those two 4 at one time even though we will have to vote an them 5 separately if that's okay with the rest of the 6 commission. 7 MR. ORAKE: [Nods affirmatively.) 8 COMMISSIONER WATKAIS: lane. 9 Ms. GuxxEV: rm glad that you dceided to 10 hear those both at the same time, as you can tell by my 11 presentation. . 12 'Ibis aerial photograph shows the location 13 of the subject property. It's south of -- on Collin t4 Street, which is south of Eagle, East of Fort Worth 15 Drive and just west of Locust. This is an aerial 16 photograph. And the entire area is zoned nCC, which is 17 Downtown Commercial General to accommodate mixed uses, 18 retail office space. 19 Here's some site photographs that were 20 took -- taken recently. This one demonstrates the 21 existing conditions on Locust Sheet, which is looking 22 towards the north from the comer of Locust and Collins. 23 'Ibis photograph is taken from the same 2a comer, but now we're looking west up Collins, along the 25 frontage of Collins, back towards.Fort Worth Drive. Page 6 1 And this is the view of the street -- 2 Collins Street in front of the subject property. The 3 fence that you can see here is the fence line of the a subject property, and this is the existing condition 5 along there. 5 This is the proposed site plan that has 7 been submitted by the applicant when they submit it for S a building pemtit in April of tlris yeaz. And at that 9 time it was discovered the property was not platted and to before a building permit could be goofed, they nceded I t to address several issues. And ape of those was a plat It2 and any associated public improvements, which is why 13 they've requested these variances that you're hearing 1a this evening. 15 This is a closer-up view of the layout I6 thafthey're proposing at this time. Here is Locust 17 Street and this is Collins and they're proposing 18 approximately 65-square-foot office building in this t9 location, pazking.area. And then there's an existing zo building on the site, that they are proposing to leave 21 and again that fenceline that you saw in the photograph zz is shown here. 23 Just to give you an idea, this is an 2a aerial photograph from 2005 of the property. It's 25 currently two parcels -- Denton Counri Appraisal PLANNING AND ZONING PUBLIC SE Page 7 1 District's tax rolls. There's two -- two structures 2 shown here. This is approximately the area covered by 3 the site plan that we were just looking at And this a house that's shown here in this yellow circle has 5 actually been demolished I'm not sure when that was 6 done but since 2005. And then this' one is the one 7 that's remaining that they're proposing to leave and 8 incorporate iMO the new development.. And this is a 9 photograph of that building. t0 And then this is a photograph of the I I property diiectly adjacent to that existing building t2 where the demolished house was. You can see the t 3 sidewalk that was leading up to the previous house and la this is approximately the area that the new building 15 will be -- is proposed to be built in. 16 Just in -- just to close a few of the 17 items that have been brought up or that engineering is is concerned with the depth of the concrete bathe asphalt 19 that's currently there along Collin Street, especially zo and they are concerned that it will not support zl additional traffic, which is a major part of the reason z2 that staff is not supporting the requested variances. 23 Again, just the two variances, the fvst 2a one was for the perimeter road impiovemertts, which z5 required as a Dart of all development in the Citv and P 1 they would be required to improve the load to collector 2 class standards. 3 And then the second variance, which is 4 Item 4 B, is [o allow them [o construct8-foot sidewalks 5 in lieu of 8-foot sidewalks which ate required along 6 collector streets. 7 And again, as outlitred in yotu staff -- 8 the backup that you were provided in the Agenda 9 Information Sheet, staff is no[ recommtuding approval of 10 either variance. If you have any questions,. I'd be 11 happy to try to answer them for you. 12 COMMISSIONER WATKINS: Any questions? 13 Yes, Iv1r. Eagleton. 14 COMMISSIONER EAGLEl'ON: Thank yoU, IS Mr. Watkins. l6 The perimeter road improvements, explain [7 exactly what we're talking about there. IB Ms. GuxNEV: When someone develops a 19 properly, they're required to bring the meter 20 roads -- so aLl of the roads adjacent [o ffieir property 21 lines -- up to the standazd [hat is designated. In [his 22 case, is a commercial collector because it's a 23 corrmracial use as proposed 2a Same of the options that the applicant 25 has is platting -- final platting only a portion of this SSION 10-24-07 Pape 5 - P ~e R ave R 4~den~eIt ~' Page 9 ~ Page 11 right nave and then they would Only be required for ~ ~o~~rl~N~R wATK~NS: Any over ~ frontage along that portion at tune of final platting. ~ questians`~ 3 And then, far example, if they only platted fa~~owin ~ Sounds like you did a real good jab. 4 the property lines, as they're Shawn in this diagram, ~ ~s. ~U~: 'Thank you. ~ then the perimeter paving requh'ements would be along 5 coss~orr~R w~T~.vs: Is the applicant ~ this portion only. Is that answering your question ~ here`s '~ ar -- ? MR. i~AUDEY: load evening. ~ ~Iy name is ~ CO~ISIONER EA~rL~T~N: Right. Right. Byron waddey, Y'rn with Isbell Engineering. ~"m the 9 And I mainly wanted -~ oat only for myself, but to make 9 engineer that wrote the variance request, and I'rr~ here 10 sure that a all understand what we're taking about ~ 0 an behalf of Alejandro and Tamara Garcia. 1 t here, O if that -- one of the sentences that Caught y ~ 1 'They"re trying to put in ark office 12 eye here is that the property may be subdivided iota two 1 ~ building an orie portion of the lat. I~ur' original design 1 ~ lots. 13 that went in and still the intent, we world like to 14 Ms. GURNEY: Right. In the applicant's 14 Leave it as one lot. 15 letter, they stated ghat they are sti11. There"s a 15 Right now what they're trying ~ do is ~ ~ number of different gays that they could develop this 16 put the office ca3nplex in, Leave the east part of that 17 property and we don "t -- we Can't guarantee that it will ] 7 just as it is, more of a park setting, put ~sorne benches 18 only be this One office ruse. 1 ~ out there for the employees and all that; i9 ~G~SSIGNER EA~rLETON: Right, v 19 when we first got this and w looped at ~~ that -- as fat` as the rest of the cvrnlnissionets ~ were ~0 the roadway, we're looking at about $4~ feet of roadway ~ ~ concerned, that 1~ nZy Concern, the f ~Ct 1f W~ ~ra~l~ th~S ~ ~ th7t w~ ~'~~ ~4t t0 pllt fit] a~IC~ W~ ~I~ a ~It~~ 11n511r~ " I Z2 vartanCe and then. they Come along 1n t~Va years, flue 2~ mean, we understand that by putting this commercial use 23 years and then subd1vtde the property, then we're stud 23 in, we have to ga to some form of collector and the ~4 with an improper, you knave, development sa -~ okay. ~4 right-of-way is not an issue. ~5 Thank you. ~ The issue right now is the benefit to Page 1 ~ Page 1 ~ 1 OM1V~SIQN~R wATKINS: N~'. Ring. 1 that building, we"re looking at approximately l~Z~ trips ~ . ~D11~IGNER KING: If we grant the ~ a day, you know, that's the esthnate based an our 3 VatlanCe and they Come back in two years, dO something 3 calCUlations. But what we think that that's going to 4 on the east side, do they then have to ask far a 4 end up doing is by putting an additional 12-foot of 5 variance for front street in front Of that? ~ pavement on both Collins and Locust a~ this side over ~ ~i. GURNEY: well, the variance under ~ here, first of all, it's going to rip a lot of the gees ~ consideration torllght is for bath olltns and Locust, 7 out dawn that edge that you dust saw. And we think that S yes, sir, 8 it's going to change. Right now the residential area GOIVIl~IISSIGNER K~1G: Did you guys look at 9 that it sits iri, we don "t Have existing traffic counts, 1~ it as far as the cars an the street on the labor corner? ~~ but we don't believe that it's going to ~aLlse any kind 11 Does that -- ~ t of public liai~m or danger to the public with that kind of tZ M. GURNEY: Yes. l2 traffic count, It will change the corrrplex there, t 3 CGMN~ISIGNER KING: --affect that very t 3 Now, there's been a tat of discussion i4 much? ]4 about one lot, two lots. ,And two lots was not 1 ~ 1~~. GURNEY: It affected Out 15 caiasxdered until this request came in, end when the 16 reco~lendatlon because it`s really oat asafe -- t6 request carne in, you knave, obviously, that benefit is a 17 especially, given the combination of the two variance 1~ hardship to the client. And one gray toy lessen that ~ 8 requestsx especially if the road wasn't widened and 18 would be to create two lots, and then vie ~rould ohly have Y9 there was only ~-foot sidewalks an the applicant's 19 to prat in paving along the front of that wilding, but 20 property, you"re right, there's Cars parked on bath ~~ we'd have pavement then for what, ina~be 4~D-foot that 21 sides of the rand there when I was out at the site. And ~ 1 essentially would stop and go back an~ still have the ~~ it's hard for one lane Of traffic to get through. It 22 same twU lanes that you"d travel on, T~iere really . ~3 was not -~ staff didnrt believe it was safe for 23 wouldn"t be a difference in that, 24 pedestrians and traffic. 24 I would like to point out ~-you know, we ZS CQP[SStGNER KIl~Gr: ~~~~. ~~ understand that this is a coning ~_ or not a TaIlitlg __ a D~~~1 PLANhTIN Al ~ON~T P~LI ~~N 1 ~-24'47 Page 9 " Page ~ ~ Cande~s~It~ ~ Page 1 i commercial use that is causing this to become a 2 collector street. And I would like to paint out that on 3 the mobility plan that Catlin Street and this portion of 4 Locust are net major arterials, they're net second 5 arterials and they're net called out as collectors sa 6 we're -- we're trying to justify putting in 850-foot of 7 new pavement and moving ail the utilities for this sma11 $ of an office complex. And ask your cansrderatlon on the 9 variance. la ~~MNII~~i~NER w~iTKI~~. okay, Any 11 questions of the applicant? 12 Anyone else? Anyone else that would like 13 to speak to the issue? 14 MR. RKPATRIC~.: I'm ,lames ~irkpatrlcl~, 15 l00 west Mulberry here in Denton, Texas. I'm the 1 ~ architect that's been working with the ~arcias on this 17 project. I wanted to -- if not correct, I want to t S address some of the things that were presented. 19 I think Mr. waddey had mentioned the ~~ separate two plots. we would prefer one lat. As a ~1 matter of fact, I first became involved in this project, 2~ I thought it to be one lot, and l still believe that is, ~3 in fact, ~4 Yau'11 see on the screen that there's a 2~ line going through the middle of that side. There's Page l4 I nothing in the retards that I find from the original 2 tract of ground that supports that line going diagonally 3 through the middle of the property. As a matter of ~ fact, 7 think it' ironic that it's actually parallel to 5 the one on auth Locust. 6 I would submit that maybe that is an 7 error from the original survey, which this -~ the survey S went back. went back as f ar as 1 ~~~ so I can't -- the 9 Central Appraisal District shows this as one piece of 1~ ground, The City of Denton tax rolls have ~ different 1 ~ configuration, has it as two pieces of ground yr vice I ~ versa. but City of Denton and the appraisal district do I ~ not describe the same piece of property as one. ~r one I4 has it a one, the other one has it at two so there's I5 absolutely a question in nay mind as to whether it's one t ~ or twe nor. I believe it to be one, but what that seems l7 to be still the ball that's in the air. The platting I ~ issue really I think is a separate side issue, aside 1 from my -- from this variance. ~o we have been working with -~ wel1, ~1 engineering comments about the thickness and the depth ~~ of road, I don't believe is -- I received comments. I ~3 don't recall therm: questioning the pavement structure, et ~~ cetera. we dust talked about this being a collector 25 street and width. You need to know that the -- ~Beep.~ page 1 1 Is that it? 2 COMMISI~N~R'~TATI~.~N~: ~~ods negatively,} 3 M~, KIRKPATRICK; ~ collector street is 4 by default. It's only because we want to do sa~nething 5 aver there now that it becomes a collector street. Yt ~ is not in fact, but it is by cede. 7 I would also submit that in ~riy lifetime ~ this property has not ever been developd, never been 9 developed and it's hardly -- if anyone i strapped with 10 having to upgrade around this site to the conditions 11 that we -- that the Cxarcias are expected ~ to have to 12 bring it up, it won't be developed. This is a wonderful 1~ opportunity tQ begin to develop an areal of development, ] 4 which is really in my -- an infield pied of property, 1 ~ It's unlikely it's going to be, but they're willing to 16 step up and da something dawn there aid I hope that 17 you're all familiar with where that is. it's kind of 1 S across from Pupa and Lupe's and behind tiie Y and where I9 the workers are. . 2~ P~eind you that upgrade his several -~ 21 Beep.} -- mare than six figures sa it's really quite ~2 onerous far the arcias, I thank you far your tune and Z3 if there's any questions, Ird be happy t~ respond. 24 C~MMI~IDNER wATKI1~S: Any questions of 2S Mr. Kirkpatrick? page 1 ~ I MR. KIRI~PATRICI~: Thank yak. 2 CI~MMISI~NER wATIN~~ aun[is like you 3 did a goad job. ~ Is them anyone else that wisl~ces to speak 5 to the issue`? 6 Name and address, please. 7 ~~, GARCIA: load afternoon f Ta~nasa S Garcia. Business that exists currently ~as been there ~ for aver T~ years, with my business in Den~an. fur hrnne I~ address was far over 0 years at 350 Huisache so we've I1 been tang-tb'ne residents of Denton, singe '~~, actually. 12 And currently, ire recently moved to Sanger sa it is with 13 much excitement and all the feelings that I stand here I4 before you. I never expected to be a part of this type I S of a pra~ect, to be honest with you. Never even dreamt I to da this. So to be here is something beyond anything 17 that I ever imagined. I ~ I' m here to talk to you, basically; to 19 let you know, in the very short time that I do have is ~~ that this came about only after many, zany years of ~ I doing a lot of work with my business aind having been ~2 then recognised by the Small Business ;Administration s ~3 a business that could indeed prosper and be of eca~narnic Z4 development to our City of Denton. ~5 I was awarded a 5U4 loan frarn Small DNT~N PLAN~I~INC AND ~N11~T ~~TB~~~ EY~]]1~ 10-24-~~ Page 1~ -Page l~ C~ondens~It1 ~` Page ~ 7 ~ Business Administration, and that~s the only reason why 2 I ain able to look ~t this passibility. ]~o other reason. 3 ~ would have no other means to even a11ow ~~ to dreamt 4 #~ da this. o thanks to the SBA and thanks ~ al1 the 5 hard work that my family has put into this business that ~ 7' here before you to ask you to consider what we are 7 requesting, S The bottom line here is that this project 9 will be economic development far the pity of Denton, 1~ This project will be something that will benefit i ~ everybody: ~y business, the connunity at large, the 1~ pity of Denton, Texas -- Texas gill certainly be a t 3 factor that will be of benefit to the pity of Denton so t~ I ask for your support, And the bottom line,ladics and 15 gentlemen, is that. y budget cannot afford what is being 1 ~ requested. That is the bottom line. 1 ~ If we are required to do all this six ~ s figure -- Beep,} work that would cost far us to do 19 this, this won't be able to be done. I don`t have a ~o rich uncle. I have no inheritance, I have no savings. 21 I have nothing except the 5BA loan so consider' the 2~ win-win situation on your part, the pity of Demon's 23 part acid the camt~unity at large as you make your ~4 decision, Thank you very n~u~ch. ~~ Colv~t~NER wATKIN. Thanl~ you. Is there anyone else that wishes to speak ~ to the issue? 3 Discussion among the -- 4 CDMMI~SIGNER LYKE: i have a question ~ about currently the :road is not designated as collector? ~ Ms. CrU~lEY; N~, that's right. 7 CQMMISrDNER LYKE: But once this is developed, it will be a collector. ~ M~. GURNEY; Yes, it will become a 1 ~ caminercial collector by virtue of the caanmercial use. 11 QGMMISSIDNER LYKE; Qkay, t 2 ]vIS. GURNEY: And it wasn't -- any -- the l3 code that mandates that is the development code and 14 that -- 1 ~ COII~MISIGNER LY~.E: Uh-huh. 1 b Ms. GURNEY: -- ~ Into effect in 20D~. 17 Sa if there was commercial development same~rher in the 1 S city prior to that, it"snot necessarily reflected in t9 the mobility plan. ~0 CONIIvIISS~ONER LYKE: Right. Dkay. So far 21 now it would be within the parameters of the Development 2~ fade. It will be a collector and needs the upgrades. 23 M. GURNEY: Yes. 24 QONIMI~IONER LYRE: According to Code. 25 M5. GURNEY: Yes. l CDMMI~sIONER LYKE; Dkay. ~ 1VIR. DRAKE: I just wanted t4 ~olnt U~t, 3 just so there's no confusion here, that tl~e variance 4 that's on your Agenda tonight is far ~ hardship 5 variance, sometimes called a flue-criteria variance ~ where there's a particular hardship shown to the 7 applicant with the strict interpretation of the Cade. S And one of the -_ I guess, economics pays into the 9 issue of hardship. ~ . ~ 0 But one of the things that I wanted to 11 make sure that we're clear on because there was kind of 12 a -- an allusion tQ cast benefit and the impact of the t ~ development and things like that, that e don't confuse 14 this issue with an exaction issue, which would be 15 covered under State law under Section ~ l ~~~4 of the 1 ~ Texas local government code and pravi~es for an entirely 1'7 different analysis. 1 S But the analysis for this particular case t9 would be under 35.3.5,B.~.b, which provides for an 2~ analysis involving the health, safety and welfare, 2t the -- whether it's a unique condition, rhether it was 22 caused by the applicant's own actions or what have you, 23 and are set forth in the staff analysis s~ as long as 24 there's no confusion on this, I j ust waned to point ~~ that out for the benefit of the commission. Page 19 Page 1$ Page ~~ 1 And there's also an issue that way 2 apparent as there was same discussion about whether it's ~ going to be one lot or two lots or whether one of the 4 lots is going to be developed at this tixre ar for what ~ use or what have you, where one of they lots has a good deal of frontage along two streets. 7 Yf there were any kind of a -- ~f there 8 were any kind of an effort to delve into that kind of 9 cost benefit and impacted the development analysis at 10 some point in the future that such an analysis would 1 l necessarily hinge on knowledge of what that development ~~ would be and haw intense the use would be. So, you t 3 know, I guess for that reason, also that'we should be 14 careful to isolate that other possibility but because it t 5 would really be premature to be assessing the impacts of ~ ~ the developnent and the cost benefits of that. 17 CG~Vi~ViISSIONER ANDERSON: ~ have been 1 S working with Small Business Administration for six years 19 and I just wanted to see whether did you just ~ for a ~0 certain a~maunt or did you put it in all this? I mean, ~ i did you have this information enough to do -- 22 ~~. GURNEY: I'tri sorry. 'That would -- I ~3 th~xxk the applicant needs to address that. ~~ ONIIUIISIONER ANDERQN: 'des. Right. 25 M~. G[~RNEY: i don't know a~iything about DENTIN PLANN~~ AIV~ ~~1~I~ PUBLIC ~I~1~ 14-~4-07 ;Page 17 -Page ~~ :... _ i : ; ~ _ ~:~ nden~eIt~ ~` Page ~1 1 the funding or f ina~ci ~~p~ct. ~ I~~NI11~ISSIONER A1~DERS~N; 1 ~5. 3 haw, did ypu ask for a particular amount 4 of rnaney, pr did you actually have enough material there ~ far them to knave what ypu would have to be doing? 6 l~s. GARC~A: Na. 'e had a survey dpne. 7 And the wark was done to have an estimate of the cast S far this project, and I pretty much went to the rnaximurn ~ amount of what was allowed under the sBA regulations. 1 ~ ~~MMI,~sYQNER A]VI)ERSgN: But you did not 11 ask far anything mpre`? 1 ~ s. GARCIA: I couldn't, because I 1 ~ received almpst the max. I think we even went a little 14 beyond the ,aximu~a amount mowed for this loan, which 1 ~ were under the economic development regulations and 1 also, you know, far purchasing and the building property 1'~ in the city so the araunt that was awarded was pretty I much beyond the mount nprrnally awarded. 1 COMIVIISS~DNER ANDERaN; Okay. ~~ ~ aMNi~s~ONER wAT~N~; Nlr. Eagleton. 21 CDMh~iIS~IDNER E,AGLETON: Thank you, chair. 2~ I have a question far Nis. gurney, please, ~3 ~ y cpncern is as a small business owner ~4 and someone who developed Borne property and ran rota ~5 some of the sasrie issues and heir surprised when I got Page 2~ 1 ready to actuary put my building than, there were ~ things that I was unaware of and -- but the battpm line 3 is I still had to carne thrpugh and take care of those 4 things. ~ l don't want tp rubber-sump a denial for ~ this request. Because in keeping with the Denton Plan, 7 spmetirnes there are things in our Oevelpprr~ent Dade that 8 we need to make a~lawances for. But nay concerns is, 9 this property that we're talking about is just one -- is la a small portion of this -- of this -- pf this area. And I 1 if we come along and, you know, put two or three more 1 ~ businesses in this area, then we will have sorely 1 ~ underserved the community. a -- and I understand 14 s. Garciat s concern and I fatally understand that, But t~ in keeping with tha code, I think there's only sp many 16 things that you can. da in understanding what someone ~ s 17 situation is. 18 what my paint is we have two variances 19 that -- requests That we're looking at. Is (here same 2~ kind of nxitigatipn that we can discuss that would ease, ~ 1 you know, the burden an the requestar? 22 MS, GURNEY: I'r~ SIII'~ there 1S. pme of 2 ~ the options for things to the sidewalk alignment, 24 changing to sort pf accamrnodate the trees andthe -- tp ~5 get them sa they can develop the property, There maybe Page ~~ 1 other issues like approaching it like; an exactian ~ variance, as Jerry was swing. 3 Again, ~ just think that staff, because 4 the property is not platted -- ~ C~IVIlvI1I~NER EACxLET~I~: Uh-huh. ~ M. ~~RI~EY: -- and because there' so 7 many unknawns, like you said, it's a fairly goad-sized S piece of. property and there's na gu~ra~tte~ that really ~ this is the only develap~nent that would occur on lt, 1 ~ staff was not comfortable supparti~lg. 11 C~NIlI~~I~NER EACLET01~: Right. 12 M, ~UR~EY; Staff is not haying that is 13 not a good project at all and we've been trying to work ~ 4 with the applicant. This suggestion; far example, of 1~ dividing the property so they would only be responsible 1 ~ for a portion of the frontage -- 17 C~MIV~~ONER EAGLET~~: Uh~huh. ~~ 1~. ~RNE~: -- by platting half of the 19 tat, for example, then they would ably have the o11in ~0 Street frontage. 1 mean, those are things that vie put ~~ forward to try and help get them there. ~~ oM1vIISt~NER EA~LET~: okay. ~3 ~. GURNEY; l~nfortu~ately, a ca~nae in a ~~ bit late rota this because they went straight to z5 building permit, which is where a lot of these issues Page ~~ x were caught. 2 ~OM1V~SIONER EA~LET~N, bight. Right. 3 okay. So what options do ire have'` 4 R. L~CI~LEY. t guess ane~ of the options 5 that staff sees that their -- if w~ could came to same 6 agreement on how this property wi~1 actually develop in ~ terms of whether it's going to be plated. ff sa, then 8 how many lots. But again,l mean, ~ it does dust leave a ~ lot of issues unaddressed if we apply a variance to this t~ overall site without ready coming to any real 1I conclusion an haw the property is doing to develop in 1Z the future. 13 1 mean, I'~n comfortable a~ad confident t4 that s. ~xarcia's going to develop the property haw she 1 S envisions on this western portion, but it sti11 opens up 16 the possibility that the eastern portion can still be 1 ~ subdivided, sti11 be developed and developed with other t 8 uses as well so that' s really the naai~ concern -- or one I9 of the main concerns of staff. 2~ C~~I~NER wATIN~: Je~.y. 2~ M~. ~RAi~E: I was just gang to point out ~~ that perhaps same of the confusionhere is, again, 23 because of the need to focus on the ~ nature of the ~4 ~rariance as requested as a hardships variance and looking ~5 at the specific criteria that are called for in that. DENTO~ PLANI~TINC~ AND Z(]NIN~~x PUBLIC EI~11T I ~~~4-~7 ~ Page ~ ~ - Page ~4 ndens~It~ Page ~5 1 The issues with sidewalk and street ~ variances for a particular hardship is generally 3 associated with same kind of a hardship or condition 4 that's unique to the land, that's unique to the property 5 that it really dawn "t key in so much to the issue of: ~ Is it expensive ar not, ~ It's really much mare of an issue of what 8 is it about the land that's unique that makes it 9 difficult to apply these standards. Arad, you know, is 1 ~ it that the sidewalk: is difficult to bui.id because of 11 the land in its configuration, or is it that the 12 sidewalk is difficult because the applicant doesn't have 1 ~ much rrroney. Andthat -- that maybe in taking a close I4 look at the actual criteria associated with this I5 variance and looking at it in the context of its 1 ~ intended purpose, that might provide a little bit more 17 clarity far the commission. 1 S CDMMISIONER SING; i was going to say 1 that ~~ is that on? ~0 C~MMISSIQNER wATKIN: Yes. ~i ~OMMIsI(~NER DING: NIy office is at the ~~ end of Locust, ~I probably drive an that street ahnast 23 every day and, you knave, we had Home Depot dawn at the 2~ end of the street for years, and it did well enough far ~ people going to Home Depot. There's probably less Page ~~ 1 traffic now because of borne Depot not being there. I 2 know we have it zoned for ~so~nething different, but 3 there's still nothing there. 4 Mast of the traffic on allins pretty 5 much goes with Eltn or leaves and goes straight to Elm. ~ And I' m just glad someone stepped up and wanted to 7 develop something there and very glad that it was a ~ local business owner because we stand to benefit a lot 9 mare as a community from a local business owner. 1~ And as a collector street, I think we I1 also on Ferguson, about two rr~eetings ago, approved a 12 ~-feet sidewalk instead of an 5-foot sidewalk. That's a 13 comparable street between Locust and Elm and we approved 14 that being feet instead of 8 feet. 1 S And, you know, there is -- because of the 16 railroad right here, Collins is probably not going to t7 continue I`urther. There's not going to be a connection 1 ~ on the other side. And the fact that Locust and Eagle, 19 there's a T-curve that I can do it. I've ~-you can hit ~~ it from Bell and hit Locust and go over the T-curve. ~ 1 I've dozae that a few times. ~~ In fact, I da that almost every time,. but 2~3 it's not really designed to receive traffic from ~4 anything other tharY going east on Eagle and which cuts ~5 dawn same of the traffic coming back on this side. And . Page 2'~ 1 that' ~ sort of my opinion about that particular section ~ based on carne things we've done in the past and based on 3 the fact that Collins doesn't have a land-tee eastern 4 future there, ~ C~MMI~I~NER ATKiNS: Ariyor~e else? . 6 CDMMIsI~NER t,'~KE: since you brought up 7 the approvedthe -- we approve the sidewalk variance on 8 ~ecatad, I believe, because, the other sidewalks in the ~ area were all narrow. This one is -- doesn't have 1 ~ sidewalks tQ start with so it was kind ~f "whit-whoa.,' 11 'That was goad, wasn't it`? '"whwitt-wl~witt,,' 1~ But that an the sidewalk variance I think 13 it was a matching, you know, trying to ;get things 14 looking a little bit more uniform and except in this 1 case there are no sidewalks to to make more uniform, 16 CpMISSIDNER'~ATKTNS; Anyone else? . 17 CQMMI~I~I~ER EAGLE'r`ON; Neil, just to be 1 ~ straight, the first variance request is for tae road 19 construction. ~0 ~DMMIS~10NER KING; Road construction. 2 ~ COMMISSIONER EAGLET~N; And the second 2~ request is to conduct a ~-foot sidewalk rather than a ~3 8-foot walk, correct`? ~~ COMMISSIO3VER wATKINS: gods ~~ affirmatively.} Page ~8 1 MR, DRAKE: Nods af`fll~ri~~tlvely.} 2 DMNIISI~NER EAGLETDI~: okay. 3 COMMISSIONER wATKIN~: Yes. Actuary, ~ we're looking at item 4 A, the raad~ eonstruetio~ 5 variance if there's a anotion iri the works? ~ OOMMCSSIONER KINCr: Are we separating 7 them? S CONINIISrONER wATKINS: ~ ~h, yes, yes. 9 COMMISSIQN'ER KING; we were discussiang 1~ hem together. 11 COMNIISSIONER wATKINS: ; Yes. 1~ COIVIl~SSIONER KIl~G. But separating the 13 vote. okay. If e did a -- if the si~e~alk, would ~t ~ 4 only be on Collins from the sidewa~lc because -- 1~ MR. LOGKLEY: Both s1des 16 ~OMMISIGNER KrNC; Locust i a collector 17 strut also. I8 MR. LOCKLEY: Based on the use, yeah. 19 COMMISSr~NER RING: C~k~y. ~~kay, 20 GOIVIMI~IONER wATI~INS: ~ Deliberations? . 21 Ms, GARCL4: May I repa~ld tO my 2~ knowledge? ; Z3 CGIVIMISIONER wATNS:~ Nods negatively.} ~~ I couldnf t hear but -_ 2~ MR. DRAKE: She's asking ~f she can speak r~r.~~r*rtiti~' inT ^ ~~rr~Tn ^ 7-m r71ti7-m-T!'~ fir'~riT 1!''R tt~@C~Tll7~T 1 fl~'7A_!17 ~~~~~ o~ ~ ~~n~ ~~ UIi~V 1 V l~! l~i+1'Lly 1~111~1~1 1`~1~11J !~V 1111\ V ~ ~laL1~r 1J1,ifJf,]iV t~ i v ~~ v ^ 1 ii~V lrrrJ 1 f.b~V L.fll CondenseIt! tt't Page 29 1 some more. 2 COMMLSSIONF1t WATKINS: No. No. I'm 3 sorry. We're past that. 4 Do I have a motion? 5 COMMISSIONER FAGLEI'ON: Well, in keeping 6 with what Commissioner King just said I -- you know, I'm 7 overjoyed that somebody wants to come along and develop S the property and the fact that it's a Denton business 9 owner as well, Chat's wonderful. ]0 And, you knew, my feeling on it is that 11 I'm all for it, and I~would be -- I would lean towards 12 granting the variance on the road construction, but not 13 on the sidewalk. My concern is, [hat it's in the code. 14 [mean, that's just the concern. And so, you know, 15 that's sonxthing that we'll have to live with if we 16 grant the variance for this. ]7 And I guess my other question is if the i B other part of the properly, The east side of the 19 property does eventually get developed, are we then 20 going to Conte back and make that person improve it. Do 2l you understand what I'm saying? Tbat's wbat I'm 22 wrestling with here. 23 coMMlssloxER wATtc>rrs: And you're also 24 setting a precedent like Commissioner King said. We did 25 a 5-foot sidewalk instead of an 8. If we don't do the Page 31 t Okay. Would you vote on'the boazd, 2 please. 3 Okay. We have three no. !Walter 4 Eagleson, Patrice Lyke and George Watkins: No. And s James King and Gloria Anderson: Yes. 6 Jf I understand correctly, we can't just 7 leave it like this; is that correct? a MR. DRAKE: That's right:Well, let's 9 See -- 10 COMMISSIONER WATKINS: ~ This is a 11 recommendation to the City Council, therefore, we have 12 to send in a positive recommendation. 13 MR. DRAKE: It's not a reCOIDnlendatlOn. la It's an actual approval or disapproval. 15 COMMISSIONERWATKINS:'Okay. 16 tvlR. DRAKE: So if the motion was to 17 approve and it failed, then I believe; your rules call 1 a for someone to make the other motion and to vote on it. 19 COMMISSIONER WATKINS: ~ That's right. 20 MR. DRAKE: Now, I think unde7 21 parliamentary procedure if that were to happen, there 22 are cases that say that, you know, tilers you can imply 23 the flip side from the failure of a motion. But 1 2a believe that your rules provide the stating the motion zs in the other way. Page 30 Page 32 t street here, then we can't do the street down the block I COMMISSIONER WATKINS:' Okay. So that 2 or -- well, we cart but, I mean, it's not really fair. 2 would be a motion to not grant the 'variance; is that ~ 3 COMMISSIONER LYRE: Right. Yeah, my 3 correct? ' a concern there is that this does not meet the criteria of a MR. DRAKE: (tnaudible.) 5 i}1e hazdship variance as Mr. Drake has pointed out. 5 COMlvnsslGNER wnrKlrrs: Do I have that 6 COMMISSIONER WATKINS: Might be a 6 mOtlOII? 7 problem. 7 COMMISSIONER LYICE: I'll emotion for it 8 COMMISSIONER LYKE: Right. 8 not. 9 COMMLSSIONER WATKINS: It's unfortunately 9 COMMLSSIONER WATKINS: ~~~ Dr. Lyke. to my probable. I'm glad to see somebody that warns to to Second? Il develop it but -- 1 I COMMISSIONER AAGLETO]Y: Second. 12 COMMISSIONER LYKE: Right. 12 COMMISSIONER WATKINS: ~ Second by 13 COMMISSIONER WATKINS: But I don't know 13 Mi: Eagleton. 14 how faz we can slide back with published records. But I 14 Please vote on the board. IS will entertain a motion i1'someane wants to make one. 15 Somebody's didn't come up. 16 COMMISSIONER KING: I move that we grant 16 MR. DRAKE: Mrs. Anderson. Didn't 17 the variance on the road. 17 register. 1a COMMIS§IONER WATICINS: Okay. I have a 18 COMMISSIONER WATKINS:~ Gloria's. Okay. 19 motion by Mr. King to grant the variance on road and I9 THE COURT: George Watkins, Patrice Lyke, 20 that would be for 4 A. 20 and Walter Eagleton: Yes. And no is James King and 21 Do I have a second? 2l Gloria Anderson. So for 4 A, we have completed that is 22 COMMISSIONER ANDERSON: Second. 22 the iOad pOrhOn. '~, 23 COMMISSIONER WATKAIS: I have a second -- 23 Now, the Sidewalk vaziande that will be 24 COMMLSSIONER ANDERSON: Uh-huh. 24 the 4 B. 25 COMMLSSIONER WATKINS: •- by G10ria. 25 COMMLSSIONER EAGLETOIY: I'd like t0 make DENTON PLANNING AND ZONING PUBLIC SLrSSION 10-24-07 ~ Pane 29 - Pasre 32 o~d~nseI~~ Page ~ 1 a motion to approve the sidewalk variance. ~ C~~III~NER wATI~N: To let the 5-foot 3 sidewalk? ~ ~QIVIMISIDNER EAGIIET~N: YDS. S CDIVIMI~SI~NER wATK~T~: okay. I have a ~ motion by commissioner Eagleton.. ~o I have a seeond? 7 COMA~ISStQNER KING. fan I clarify? 8 CONiNIISIDNER wATKIN~: Sure. 9 CON~MISIQNEI~ KINGS one we dust voted 10 means it didn't even go to the council. ~ 1 MR. DRAKE: Right. ~ ~ ~~iVi~VII5~70N'ER LYKE: This also i5 a ~ 3 hardship variance, right? 14 MR. DRAKE: (Nods affirmatively.} I5 ~oN1~ISS~IONER LYKE: ~l~ay. 16 COIVIiviISS10NE~ KING: ~~ you don't m1nd, ~~ restating the motio~i. 1 S CGMNiISSIGNER ~AGLETQN: ~l~ay. Nfy motion 19 would be to -- If 11 just say it and if we need to ~~ wordsmith it, we can -- would be to allow the 21 constr~tctlon ~~ ~ S-foot sldev~alk as opposed t0 an 2~ S-foot sidewalk as ~e~uested ~y the code. 23 C~M~II~NER w~TKIN: okay. ~4 ~~MMISIDNER KING: I Second that. ~5 ~QMMIIONER wATKIN~: Second that t n~otxon. Ali right, Mr. King. ~ Please von on the board. 3 okay. ~ believe that`s four to one ~ ~ favor. AlI right.: 4 ~ and B eop~eted. 6 7 s 9 to 11 1~ ~13 ~4 15 1~ 1? 18 19 2U ~1 ~2 23 ~4 ~5 Wage 34 1 3 4 5 6 S 9 to l1 1~ 13 14 15 1~ ~~ 1~ 19 2~ 21 2~ 23 24 25 t 4 5 s 9 10 11 1~ 13 14 1~ t 17 tS 19 ~0 ~l ~2 ~3 ~4 25 Page 35 Page 36 ~ DE1~T~I~T P~A~VINC~ AND ~~N1N PUBL~ ETON ~0-24-07 gage 3~ - Page ~~ EXHIBIT A LOCATION MAP 10 EXHIBIT B AERIAL VIEW OF THE SUBJECT SITE 11 EXHIBIT C ZONING MAP 12 EXHIBIT D LETTER FROM APPLICANT ~~. I;~ E1~~II9~E8Iif~4~A~~P 9TRUI1'~URAL ^ CIVIL ~• 4g~~EI~H~iI~AI, ^ ~I]$~I~F • C4I~9Tgi~~Tlol~ b~fATI~I~IAIi~ TIy.~TII~{~ +i~Paxtb s 1~D4 ~~et Iih~p~an ~rf~ ~ ~an~~# ~ 7~ ~ 1~0~ ~ 46~7I + ~~ X10} +16~-'~~1'T i ~~~.le~li~a.~ ~r ~# ~~7 and ss't~n it of ~ ~ E. ~~~ ire Denton, Tee 7~ 1 ~ura,ce ~.e~ not ~e~t c~.iti~nal tt ~av~t D~ent~n Tra,~l~r ~. ~?0~~~~7 ~ si~~ Il~e~~~: 1dr~ ~n~T~a ~ci~~a~e psi ~e~a~ aee wilding '~ ~~li t~ and fdr ~ i~nae to not iir~ ad~iti pavement aion~ o~ins youth I~o~ust tots. The ~~s~d ~~ie~ hu~l~ Mu~~ arn~ ~~ fed ~ ~~ in~a~ke +~ ~~ tit at ~ ~uu~e~ti~.n a tr~~t ~~th Loeu t~ T site ~ ~ an is~ i~ent~al ~ n~ ~ ~ ~ai1~~d a mot, undeveld land ~ s~ut1~ ~n~~ ~ can~erri ~.evela~t a1on~ I~i~+rti~ ~~t~to the we 'fie tit ~~~~ ~f two ~ ~~~ ~ the ~ re {per ~ i~ ~ ~ t~h.e other ~' ~ ~v~s erect in 1 1 ~'~~. The final lot l~~u~ fir tl~e jet h~~ ~~ b~ det~d at~this. Mme, It i~ ~n if tic tra~~ v~ii1 ~~ ~ivi i~~ ~ iat~ ~r rc~iu a~ a singly trot a~ .~~~ suhmit#~d #a the it~+. ~ ~ . Thee ~o d~~l~p~k ret~. ~' the ~~' ~ e~nultt ~t 1iit ~t i~ve~ ~e ~n~i~l ~llee ge~~~tr die dela~t ~f the 1~, The right-a+~`-may ~1~ ~.usk trk been requested the pity's. co~tant ~ he ~riden~d ~ ~~ feet~.alth~uh ui ~~ R~g~dl~ ~ the existing. r~~~ mud 1~~idened and ~~ eonu~ ` ~t~t ~ o~ ~~ i Ivela~t ode and the Trpartation I~~sign ri#eria tai ~rhi~h the ~rat~ane~ is ~e~. 'I' Marian i~ ~ use it is e~ie~e~ ~ e~ o~'the rum road e~~ti~n fir ~utigh the heneht that vu1d he ~ ~ the devep~m. The meted e~pl~ l~~d fir the d~ is appr~in~tol tnt.~porns, using this numr, and ra~~tivns d~v~l.~p by # tii~tte of Trp~~n .~ its `~'I`ri~ ~ ~"} h is ~im.~tc~ that a~prvinaately I 1-1~ vehi~l~ tn~s r day he initis#ed the velopr~aent. This is a ~elatil s~aIl mbar o#`vehiel e~mpa the. c~paeit of the itionsl ~ave~ment requested f or both st~eet~. It auld be t tlt n~ith~r a~i~s tr~~t ~ Guth T~eust tit in this a identified as n~a~~ th~rou~h~ pity's current ohiiit Plaa, 13 Fl~nnin~ anal ni~~ a~mi.a~ivn ~ ~ ~ Pad ~ ~f~. ~ ~ , nt~ia.t ~ra~ice wiIl .1 ~ietr.~nel ~~bli safety,. h.tll, ~r welf will ~~# b~ i~~urio to o.rty. 7'he ~i~ far w~i~h ~thi~ vn~e ~ ~~s ~i~uo ~ ~rnp~t in d~~ ~# ~~ #~ ~it~ ~ave~t i~ ~sive rie to # ~~ expect t the site ~d is in. an area that i~ nat ~pec~ r ~e eitiol of roways. ~ oast o~i~ ,~ ~p #h~t ~r~auld t ifs ski lr ~f #~~ rel~kio is carri mot. u~~t ~u.~ r~t~ gen~r~ly 1 lble ~ pp~ty. T~~ arlan will t very t~ p~a~isis of ~i~ting.~ or ~la~~d pecu~i~ aa~drtia a~`t ~la~ wee not.ote~ su~t~ #e of the ~equi min whh t ~ i s~~~lit, The awns i ,~t~ to d~l~p a sits t.~.a~t ~s ~~ lepin with i~nd use of tl~e suing . i~o~1- while ~neet,~ the s cfthe eemmunity y € lu~lg. Thy you far ~u~ ~ . siati~n a~#s rim request. ~~ iePel;.~ ~~ELL Ili ~~~JP '~J,/(~,~~~~~~~~~ 14 EXHIBIT E SITE PHOTOGRAPHS 15 View of Collins Street along the property line, looking west from the intersection of Collins and Locust Street. 16 View of Collins Street, looking east along the property frontage EXHIBIT F PROPOSED SITE PLAN w ~~ ~~~ ~ ~ ~ '~ ~~ ~~ ~ ~ ~ ~~ ~ ~~W ~ ~ ~ ~ W~ ~ ~~ ~ ~~~~ ~ w~~~ ~ ~~ ~ ~ .~~ ~~ ~~~ ~ W ~ ~ ~ ~ ~ ~~ ~~~ ~ ~ W I ~~ ~ ~ ~~ ~ ~~ ~~ ~ ~~ ~~ ~~ ~ ~~ ~ ~ 5 I ' ~ ~ ~ a R ~ ~ ~ ~~ II I ~ ; ~~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~~ _ ~ ~ i i ~ rr z o ~ I ~ ~~ R ~W ~ ~ g ~ ~ ~ ~' ~ ~ I ~ ~ I ~ ~ € ~ i ~ M ~ ~~ - I 0 r w 8 i ~ ~g ~ ~ ~ ~ ~ ~g ~ ~ ~ ~ ~ I ~ ~ , ~ ~~ ~ ~~ ~~i ~ ~ ~ ~ ~ I I ~ ~ w W ~ ~ ~~ ~ W ~ I ~ d ~~ 9 ~~~e ~~~ ~ ~~ ~ ~~ ~~ ~~ ~ ~~ ~ 5~~ ~ I ~ ~~ ~W ~ ~~ ~ d ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ti I ~ ^ I ~ ~ ~~~ ~~~~~~t~ ., r ~ ~__~ ~~ ~ ~ ~ ~ ~ ,~ ~ ~~ ~ ~ ~~ ~~ ~~ ~` x i i ~. ~ ~ i~ i `II ~ i i `~ i i I `r ~~- `'' ~ - - ~ ~~ ~~~ ` ~.~ ^ Y~ ; ` d 1i ~ ~ ` ~` x x ;1 ~% ;' ~~ r ~~I ~~ ~y J 0 ^ 4 A ~ ~ ~ ~a W ~ ~~ I~ ~ ~ as ~ ~~ ~~ ~ ~~~ ~~~ f I '~~ ~ ~ '' Y I 1 ~' •~tl i~l~ i ' ~ S,*~,~ 1 V ~~ y~ i ~~ x ~; I ~~~ 3 8 i F j 9 s i $ ~ . . . i x S ~ ! X 1 a 1 ' , ~ 3 4 4 l 1 i , ~ l ~ , l g ~ ~ 17 AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: Utility and CIP Engineering ACM: Howard Martin, 349-8232 ~T 1R.TF,CT Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the north side of Scripture Street from its intersection with Bryan Street to its intersection with Ponder Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (8-0). BACKGROUND The City of Denton has received a request from City Parc Apartments fora "No Parking" zone on the north side of Scripture Street from Bryan Street to Ponder Street. The reason for this request is primarily related to vehicles parking very close to the driveway, restricting sight distance for vehicles exiting the apartment complex both to the east and to the west. In addition, there is a vertical curve on Scripture Street to the west of the driveway that, in combination with the restricted sight distance, may cause vehicles to have to move out into the intersection to see around the parked vehicles. Vehicles edging out into the intersection in this manner have insufficient room to react to vehicles that are traveling on Scripture. As a result, accidents can occur from vehicles exiting the apartment complex. No parking requests are typically signed for whole blocks, providing for less confusion as a result of the possible loss of signs over time when smaller sections are restricted and thus easing enforcement. OPTTON~ 1. Approve the ordinance 2. Approve the ordinance with conditions 3. Deny approval of the ordinance RECOMMENDATION Staff recommends approval of no parking on the north side of Scripture Street from Bryan Street to Ponder Street PRIOR ACTION/REVIEW The Traffic Safety Commission recommended the City Council approve an ordinance for no parking on the north side of Scripture Street from Bryan Street to Ponder Street FISCAL INFORMATION Four signs and a post for each will be required. EXHIBITS 1. Ordinance 2. Letter from City Parc Apartments 3. Location map 4. Traffic Safety Commission minutes Respectfully submitted: n ~+ t. ~ .. 4 .i. ,~ t• ~~} t r ' .. 5.. • •:~h~ >~ •F } ..;~ Frank G. Payne, P.E. City Engineer s:lour documentslordinances1071no parkingscripture.doc EXHIBIT 1 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE NORTH SIDE OF SCRIPTURE STREET FROM ITS INTERSECTION WITH BRYAN STREET TO ITS INTERSECTION WITH PONDER STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs or markings are in place giving notice thereof, no person shall park a vehicle on the north side of Scripture Street from its intersection with Bryan Street to its intersection with Ponder Street. SECTION 2. The provisions of Section I prohibiting the parking of vehicles shall apply on the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2007. PERRY R. McNEILL, MAYOR s:lour documentslordinances1071no parkingscripture.doc ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY 5~ BY: Page 2 EXHIBIT 2 CITYPAR.C nT ruv s~rkerr SCI7tentber 1 h, ?007 '1'o R'hom It Ma~~ Concern 1'he management st~tffof"Gity Parcat Pry'Sti~eet would liketorcqucst thatparking on the North side of Scripture Street,not he allowed: Our Management office ha5reecived nndtiplc complaints and concerns about the lack of visibility +vhcn csiting the propertvdue to the amount of cars parkedaloi+g Scripture Street; complaints have conic from; not only City Marc residents, but members of the Denton Community that have stopped by our.officc to voice their concerns on the issue. Sinceahe beginning of the Fall semestet, there have been seveYal accidents at the intersection of our property and Pn~/Scripture Street due to the above mentioned Zack pf +'isibilit}'. Onc accident; in particular, occurred Thursday September 13; 2007, and resulted in one of City Parc's residents being taken to the hospital via ambulance. Any assistance in making tlie,Norih sideai~Scriphue Street ano parking zone-+~~ould be greaih~appreciated. Respfectfully. Slicrri Fao~o Generd il9anager City Parc at Fry Street 9403 5.7372 P310 SC RII'TU 0.E 57REEr ~ DtN-TON. TEXAS 70201 ~ 940.384.7272 ~ FAX 940~.Y871?4R ~ W+d tV;CITY PA RC.COM EXHIBIT 3 EXHIBIT 2 EXHIBIT 4 DRAFT MINUTES TRAFFIC SAFETY COMMISSION November 5, 2007 After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas was present, the Chair of the Traffic Safety Commission convened into an Open Meeting on Monday, November 5, 2007 at 5:30 p.m. in the Council Chambers, City of Denton City Hall, 215 E. McKinney Street, Denton, Texas. Present: Chair Greg Sawko, Pat Cheek, Charles Guarnaccia, Lelia Howell, Linda Brown, John Crew, Marion Scott and Michael Green Absent: Jason Davis, excused Also Present: Bud Vokoun, Traffic Engineer Ann Forsythe, Boards and Committees Coordinator OPEN MEETING: 3) Receive a report, hold a discussion and consider approval of No Parking on the North side of Scripture Street from Bryan Street to Ponder Street. Vokoun presented stating the city had received a request from CityParc Apartments for no parking on the north side of Scripture Street from Bryan Street to Ponder Street. The letter was initiated at the request of the Police department because of accidents occurring in that area. Students will park up to the driveway, obstructing sight distance, which makes it difficult when exiting the complex to see vehicles on Scripture. In speaking with a couple of the apartment managers some time ago, Vokoun suggested they install a stop sign on the driveway, which has yet to be done. The problem is still that parking occurs so close to the intersection. As indicated in the backup material, the City usually considers whole blocks which provides for less confusion as a result of loss of signs over time and provides for greater ease of enforcement if it is an all or nothing rather than small segments. Vokoun also stated there had been two severe accidents occur in that area with one causing a fatality. Commission Cheek stated she had received a call from the North Texas Daily newspaper asking if the Commission had received a petition to place a stop sign at Fry and Scripture. She replied there had been no petition received, Vokoun indicated that he was also not aware of one. Vokoun stated that a 4-way stop requires an average of 500 vehicles for 8 hours during a 24 hour period or 5 correctable accidents. The last two accidents might have been defined as correctable, but of the extenuating circumstances, it was felt they were the exception to the rule and therefore it doesn't meet the criteria. Commissioner Green asked if the accidents were occurring in the no parking zone or at the intersection. Vokoun replied most occurred at the intersection although one of the pedestrian involved accidents was 75' away. Green asked if is involved a parked car or two vehicles. Vokoun replied it involved a pedestrian who walked out from behind a parked car. EXHIBIT 3 Draft Minutes of the Traffic Safety Commission November 5, 2007 Page 2 of 3 Commission Guarnaccia asked what would prevent painting yellow curbs for a particular distance on either direction of the driveway and designating as no parking. Vokoun stated it painting curbs is labor intensive and requires maintenance. Chair Sawko asked who was parking in this area. Vokoun replied it is believed a substantial number are students who live in the apartments immediately adjacent to the street. Chair Sawko asked if notice was given to folks in the area of the intent to create a no parking zone. Vokoun replied it had not. Chair Sawko expressed concern with making the entire block no parking and was there some utility in creating some parking barriers such as from a certain distance to a certain distance. Vokoun stated he preferred entire blocks for reasons he has stated and during the day it gets down to the students who do not want to pay the UNT parking fees. It is an inconvenience to the neighbors particularly in the southeast corner when that resident had difficulty getting out of her driveway. Vokoun stated he received calls frequently from residents throughout this UNT area about vehicles parking too close either on the driveway or across the street to the point where they cannot back out. Vokoun could only reply to ask for a petition. Vokoun stated that in this case the request is for 24 hours 7 day a week but can be modified to 8:00 a.m. to 5:00 p.m. or some other similar times to allow for evening parking. Commissioner Crew motioned to have the no parking zone on the north side of Scripture for 30', from each side of the driveway. The motion failed for lack of a second. Commissioner Guarnaccia asked what would happen if the Commission moved to approve this request at staff's recommendation conditional upon the complex meeting some requirements such as installing the stop sign or whatever staff might request. Vokoun replied it would prohibit staff from installing no parking as quickly as possible after City Council approves it. Commissioner Crew asked how many parking spaces will be eliminated. Vokoun estimated about thirty-two. Commission Crew stated that the actual distance concern him and his point in the motion was he did not believe the city could block the entire side of the street. Commission Crew motioned to have no parking on the north side of Scripture for 75', from each side of the driveway as well as 75' on the north side of Scripture easterly from the intersection of Bryan Street and 75' on the north side of Scripture westerly from the intersection of Ponder Street. The motion failed for lack of a second. Commissioner Cheek motioned to approve staff's recommendation with a second from Commission Marion Scott. Draft Minutes of the Traffic Safety Commission November 5, 2007 Page 3 of 3 Commissioner Guarnaccia requested a friendly amendment stating if the motion passed that staff send a letter stating that Traffic Safety Commission voted to approve the request and would strongly recommend the installation of a stop sign as soon as possible. Cheek stated she would agree only if staff were agreeable. Vokoun replied he was agreeable to the letter but that it should not be a part of the motion and should be brought up under new usmess. Chair Sawko stated he thought that could be dealt with a separate motion. Guarnaccia agreed to move that request to new business. Commission Howell stated she would like to not approve the entire block but cut it back and take it away from those intersections a little bit. Commission Green asked if there were any restrictions on the north side west of the location on Bryan Street. Vokoun replied he was not aware of any on Scripture west of Bryan. Commission Cheek called for end of the discussion. The motion was approved by an 8-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager ~T 1R.TF,CT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Planning and Zoning Commission -This is Mary Thibodeaux's position. This is a nomination for Deputy Mayor Pro Tem Mulroy. Zoning Board of Adjustment -Council Member Heggins has nominated Larry Walton. The City Secretary's office has verified his application and Council may vote on the nomination at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Boards & CommlAgenda Info Sheet for Vacancies 12.ll.07.docx