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HomeMy WebLinkAbout06-16-1998 Y I' ' r. . Sam-am "mm's tii • • City Council Agenda Packet June 16, 1998 I i 'w 14 1 fi►r 70 32xI❑ 4 r tV 1 F AGENDA tipanda Ito -T CITY OF DENTON CI rY COUNCIL gale _ .~L1k= !•l/ June M, 1998 After determining that a quorum is present and convening in an open meeting, the City Council will con, ene in a Closed Meeting of the City of Denton City Council on Tuesday, June 16, 1998 at 5,45 p.m. in the Council Work Session Room at City flat], 215 E. McKinney, Denton, Texas, " at which the following items will be considered; I. Closed Meeting: A. Conference with Employees-Under TEX. GOVT. CODE Sec. 551.075. The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference, AN" FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETINO OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN ' COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. f11E CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTI IORIZF:D BY T EX. GOVT, CODE SEC, 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON IHF CLOSED MEETING ITEMS t NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEE'T'INGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting or the City of Denton City Council on Tucsday, June 16. 1998 at 7:00 p.m, in the Council Chambers of City flat], 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 -1 pledge allegiance to thee, Texas, one and indivisible." PRESENTATIONS AWARDS * 2. Proclamations CIT1 F. N REPORTS l f 3. Receive a report from Mickey George regarding an update on advertising fliers on utility f poles in Fry Street area and surrounding neighborhoods. 4. Receive a report from Edward 0. Burckart regarding the wind device ordinance. O • 5r Receive a report from Kevin Bradshaw regarding the wind device ordinance. 6. Receive a repnrt from Dessie Goodson regarding a memo dated 6!5!98 from the City Manager to the City Council regarding Ms. Goodson's appearance at the May 19, 1998 Council meeting, ,%A 25 x ~Q 32do o , ' i City of Denton City Council Agenda June 16, 1998 Page 2 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 i-em in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 7.20). 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 7.20 below will be approved with one motion. Ii items are pulled for separate discus lion. ?'r:y will be considered as the first items under "Items for Individual Consideration.' A wizen may not speak or fill out a "request to spea " form on an item on the Consent Agenda wires, the item is removed from the Consent Agenda The speaker shall be allo%, ed to speak and the item shall then be considered before approval of the Consent Agenda. 7. Consider approvat of a tax refund to Union Camp in the amount of $11,953.36, 8. Corsi:er adoption of an ordinance accepting competitive bids and awarding a contract for groundNa'er monitoring wells-, providinb for the expenditures of funds therefor, aid 0 pnniding an effective date. ([lid #2204 - Groundwater Monitoring Wells awarded to If 11, Engineers & C onsultants Inc, in the ansnunt of 587,150.00) 9. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreemer c with the County of Tarrant relating to participation in various Tarrant County c011tracts which provide for the purchase of various goods and services; and declaring an cflcctivc date. (File 02231 - Interl col Agreement with Tarrant County) 10. Consider idoption of an ordinance of the City of Denton authorizing the City Manager to execute a purchase order w:th 1loustou-G"Ix:ston Area Council of Government (HOAC) for the purchase of a police sedan by way of an interlocal agreement with the City of Denton; authorizing the expenditure of funds therefore; and providing an effective date. (Purchase Order #85606 to IIOAC in the amount of $20,679.66) • 11, Consider adoption of an ordinance authorizing the City Manager to execute •A p•ofessional services agoeemeni wun Castlemsrk Consultitg, Inc. for consulting services relating to the application of software products on the main frame computer s)stem, lerhorizing the cxpeoditure offundsthercfore; and providing an effective date. (Purchase Order #85608 - Castlemark Consulting, Inc in the amount of $35,200.00) 12. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment to upgrade automated control capabilities of the electric system 0 SCADA for improved electric load management which are available from only one ~.i source in accordance with the provisions of state law exempting such purchases from requitrments of competitive bids; and providing an effective date, (Purchase Order 085607- Adxanced Control System in the amount of $174,665.00) 32X~❑ s crnw.+n 0 nim" City of Denton City Council Agenda r June 16, 1998 Page 3 13. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of two (2) pumper fire truck apparatus; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2190 - Pumper Fire Truck Apparatus awarded to Fire Storm Fire Apparatus and Equipment/Kh1E Fire Apparatus in the amount of 5551,976,00) 14. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a ptimary meter set enclosure; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2212 - Primary Meter Enclosure awarded to Cummins Utility Supply in the amount of 520,325 00) 15, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of electric substation steel, switches and buss; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02214 - Arco Substation Phase If Steel, Switches and Buss in the amount of $73,785.00 awarded to Dis-Tran Corporation) C 16. Consider adoption of an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with Dieter Schwarz, Terra/Bain, Inc., and NR c't RJ Properties, L.P., relating to purchase of property in Lakeview Ranch for a sewer lin l station and street right-of-way and the construction of certain public improvements; authorizing the expenditure of funds therefor; and providing an effective date. P 17. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of furniture for City Hall Renovation Project 11; providing for the expenditure of funds therefore; and providing an effective date. (Aid #2210 - Fumiture - City flail Project 11 awarded to Wells Furniture For Business in the amount of $309,593.54) 18. Consider adoption of an ordinance authorizing the Mayor to execute Amendment No. 2 to the agreement between the City of Denton and the Morrison Milling Company to extend the lease for warehouse space w a third term; and providing an effective date. 19. Consider adoption of an ordinance authorizing the City Manager to make application to the Children's Trust Fund of Texas to obtain a grant for a family resource center; authorizing the City Manager to negotiate and execute a contract with the Children's Trust Fund of Texas for a Family Resource Center, and providing an effective date, l 20. Consider approval of a resolution of the City of Denton, Texas authorizing the execution of an Amendment No. I to the Airport Project Participation Brant for state assisted routine maintenance between the City of Denton and the"cxas Department of Transportation relating to the Denton Municipal Airport; and providing for an effective O date. lr BLI' IIF:ARINC 21. Ilold a public Lcaring and consider approval of a request to clange zoning from an Agricultural (A) zoning district to a One-Family Dwelling, condit o^ed, (SF•7[e]) zoning 3 10 • a l City of Denton City Council Agenda June 16, 1998 Page 4 district classification and use designation. The 32.745-acre tract is located in south Denton, north of Hickory Creek Road, approximately 1,500 feet west of FM 218E Single family residential development is proposed. (The Planning and Zoning Commission recommends approval 5.0.) (Z-97.034) 22. Hold a public hearing and consider rezoning 4.873 acres from a Multi-Family One (MF- 1) zoning district to a Planned Development (PD) zoning district. The property is legally described as the southern five hundred and twenty-six (526) feet of 'tract 288 of the Eugene Puehalski Survey and is located between 1.35 North and Bonnie Brae Street and i Scripture Street and West Oak. Street, directly west of the Denton Community Hospital complex. The purpose of the rezoning is to provide additional parking, office space, and a helipad for the hospital. (The Planning and Zoning Commission recommends approval 5.0 with conditions.) (Z•98-022) 23. Bold a public hearing Pod consider rezonin? 2.297 acres from a Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property is legally described as pmt of Tract 350 of the Alexander Hill Survey and is ' xated on the south side of 1.35 Fast, to the north of Londonderry Street, and between Sam Pass Boulevard and Teasley Lane. The proposal is to develop a multi-family complex. (The Planning and Zoning Commission recommends approval 5.0.) (7.98.025) 24. [fold a public hearing and consider approval of an amendment of a detailed plan within a Planned Dc%clopment (PD-87). The 4.708-acre tract is located in south Dent')n on the west side of Lillian Miller Parkway, !x iween 1.35E and Southridge Drive. The current detailed plan is for single fan, ly residential development; office development is proposed. (I he Planning and Zor ing Commission recommends approval 3.2.) (2-98- 023) 25. Hold a public he. ing regarding the proposed annexation of a 15.088-acre property located cast of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast of 1.35E. (A•77) 1_f ENIS FOR INDIVIDUAL CONS1 DERATIO V i 26. Consider approval of a resolution regardint land Use Assumptions fir Impact Fee i Implementation. 27. Consider adoption of an ordinance authorizing the City Manager to execute a professionai services agreement for the development of a Library Master Plan; authorizing the cxpcnditur~ of funds theref and providing an effective date. (RFSP 02128 - Public Library Master Plan awarded to Carol Brown Associates in the amount of $46,475.00) 0 , 28. Consider adoption of an ordinance superseding and repealing Ordinance No, 96.274 to add a school safety speed zone for McMath Middle School; designating and establishing t school safety speed zones; reducing the maximum prima facie speed fr!nit for said school safety speed zones to speeds found to be reasonable and safe by the Engineering and Traffic Department investigations for the designated hours; providing for sch,~~! bus K i~ZXI❑ o City of Denton City Cowtcil Agenda June 16, 1998 Page 5 loading zones at certain schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a sevembility clause; providing for publication; and declaring an effective date. ' 29. Consider adoption of an ordinance authorizing the Mayor to execute Amendment Number Five to the agreement between the City of Denton and HDR Engineering, Inc. for professional engineering services for the City of Denton sanitary landfill development and expansion, relating to Phase 1V and Phase V thereof; providing for the expenditure of funds therefore; and providing for an effective date. 30. Consider approval of a resolution approving a Right-of-Way Use Agreement between the City of Denton, Texas and l tills of Argyle Monticello, Lid.; and declaring an effective date. (The Planning and Zoning Commission recommends approval 5.0) 31. Consider gproval of a resolution establishing the maximum rates that Marcus Cable Association, L.L.P., may charge its Denton Cable Television subscribtts for the basic service ti.r and associated equipment; establishing a maximum hourly service charge; providing a severability clause; and providing an effective date. (The Cable Television Advisory Board recommends approval; the C'onsultant's recommendation of maximum permitted rates (4) 32. Receive a report, hold a discussion, and give staff direction regarding an expenditure not 1 to exceed 59.000 for funding of an archival study and archeological survey of the original site of Pickne),ville, 33. Consider adopting an ordinance authorizing a joint public hearing with the Planning and Zoning Commi3sion and the City Council to be held on August 4, 1998 pursuant to Texas Local Government Code Section 211.007(b) at the City Council Chambers at 7 o'clock p.m. to consider recommendation and action upon an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Texas Local Crovernmcnt Code Section 211.007(d) by running newspaper ad and mailing notice to owners within the proposed defined corridor boundaries. 34. Considcr approval of a resolution of the City of Denton naming the activity stage at Fred Moore Park aNr C1H. Collins, and declaring an of icoive date. (Parks and Recreation Board recommends approval.) 35. Consider approval of a resolution canceling the regular City Council meeting of July 7, 1998, and the City Council work sessions of June 23, 1998 and July 14. 1998. 36. Receive a report and consider a recommendation from the Oversight Committee. r 37. Consider appointments is City Council committee 0 i ,IS 38. Consider approval of a resolution nominating a member to the Hoard of Managers of the Denco Area 9.1.1 District; and declaring an effective date, 39. Consider nominations and appointments to the City's Boards and Commissions. 40. Miscellaneous matters from the City Manager, 21)-,10 32XI❑ l y 7 11, I O t, ,araan c t si'x':!.. +.rrl J:.w•YS IY`s'aa :'y ,..wv,• +.:v . nr.+. City of Denton City Council Agenda June 16, 1998 Page 6 41. New Business This item provides a section for Council Members to suggest items for future agendas. 42, Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. 43. Official Action on Clow; Meeting items held under Sectien 551.091-551.085 of the Texas Open Meetings Act. CERTIFICATE J' I Hify that the above notice of meeting was posted on the bulletin board at the City Hall of the City ,f Denton, Texas, on the day of 1998 at o'clock CITY SECRETARY NOTE: THE CITY OF QENTON C114Y COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH T14E AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LiCi6T 48 110UPS IN j ADVANCE OF THE SCHEDULED MEETINO. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-RELAY-TX 31) THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED T HROUGH THE CITY SECRETARY'S OFFICE. r ly ~ , r I~y t 4 .J + 25x . 10 1LX i,.i. •n r. x..~:'., W..x ~♦r r.,.r. , n•RYn1.rtM'•.+r w,~.aarM1.... .,.r.i...n . . ' Allende No Allende Ite -~7~- ~=ZLe Date AGENDA INFORMATION SHELT AGENDA DATE: June 16,1998 DEPARTMENT: Tax S CM: Kathy DuBose SUBJECT: Consider the approval of a tax refund to Union Camp in the amount of $11,9.53.36, The 1997 taxes, in the amount of $11,951,36, were paid We once on December 4, 1997, and once on January 30, 1998, resulting in anoverpaymcm. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in the excess of S500.00, Union Camp has requested a refund in the amount of $11,953.36. Union Camp paid account 4034599 on December 4, 1997, then in January of 15+98 they sent payment for two accounts, #900831 and #034599, which had been paid previously, resulting in an overpayment. The Tax Department sent an Application for Refund to Union Camp as requested. The Application for Refund is attached. FISCAL INFORMATION: T he tax overpayment revenue fund would be reduced by $11,953.36 Respectfully submitted: 1 ,r 6h Diana Ortiz Director of Fiscal Operations Prcrared by, 11 ~ I . I. a I- r Caroienc Folse 4 ? Tax Clerk f ' (f I l: ,r32xX❑ l f~,'~ 0 MEMO , e ' mneeeeat 0 kMe9f<.7 I ~ lb sal t►sa ' Q- P,.n tW I APPLICATION FOR TAX REFUND Detecting Deft name coalnng lu tor: (radm uIvu( CitY of Denton Tax office City o! I'Mnton_ pretlrd Ma+~9 odds na frexrdr a'k /trap 215 R. Nckinney St, GIs, Van or poll Des. law, tip code pfnru Ism cads a d mini Denton, Tx 16201-42P9 (947 3^9-8316 " To apply fora tax refund, thr taxpayer must complete the following. Owrr s nartr step 1: ANION CAMP CORPORATION Owntir'ename vnwnrmr'rxgxadlufaxnorandores0 and ad 4 AM TAX DEPARTMENT 1600 VALLEY ROAD dress Cary, barn or pool c li n. saw, W code Anne W H node and rwrdwl WAYNE NJ 07870 (973) 628-2000 Step 2: , Legal description (oxeeechcopy erpdIsmWoftaxrrw7pq: Harley Addn, Mock 1, Lot 1, DescrlbelM Acres 12,000 Property "ictsorlocodonclgopaty: 3100 Jlul Clfrl:',lul Ittl. Aooountnumber or propery: Tax rocali number: 034599 OR 970,5030507 Name Year Dose Amount Amount Stop 3: Of Taxng VM From Which For WNch FMrund Of The OI 01 Tom Refund OIVS the La Refund is Requested Is Re"sled Tax Plymnnt Taxes Pad no0.+es4d J Ci ty of Itat rrn1 M 11' 'i1 (IN , 1111 a tnonl I, If h 10 1 11 O~i;i, AS f 7 1 195.1 Tlr t rf.,H 2 . PY UtLY u rn:on 10= 2 ! 19 S11 S.` Information 3. 19 ! 19 4 19 1 t9 9 S { S. 19 / 1o 119 Taxpayels reason lot rofund(snlachau Above account was paid twice , ppor4np dk+u+menueon): r ~ i ownership change _ 'I hae0y apply for y» riNnd of lie above-ejWnUd taxes and aruy tMt the Information I hove given on this loan is tr%i d Slop t: borrocf to Ore best of my kno*"a and belief.' Sign the form n iMears u ataptfteon b W ifyid b1 Z/ ! ' ea x' t~ nn air Any person who mok a 61w entry upon the lmari Isoord shell b4 subject to ens of the loiloring penoldes: 1. Imprisonment of not men then 10 yens nor lose ggrran t years endrot a Onset not more then 11d,000 et both such fine end Imprlsonmenl; L Don Memenl In jell for o IeIM up le 1 per er a fine not ID ueeed 17,004 or boN such fins end Irrmptlaenment as pl forth in Secilon 37.10, Penal Code. 1 Slop S: ❑ This raft refund Is App oved ❑ Disapproved Tax refund O of n Aufuita ClAOr DIY datermtnatlon here Re/6ry altolrlll N taery undr) for nnxk lppr4bN hi over ISM Aft , 2 I I' o`er 25 k 32 X El r.' I% , , 1 ' "1 1600 VALLEY ROAD, WAYNE. NJ . 07470 TELEPHONE 973.6282000 FAX 913-628.2722 i Y City of Dcnton Tax Office 215 E McKinney Street Denton, TX 76201-4299 Re Union Camp Corporation Acct. Nos: 034599 & 900831 Property, 3100 Jim Christal Rd Dear Sir or Madam Enclosed is an Application for Tax Refund for the above-named corporation Per your instructions, also enclosed is a copy of canceled check No 286334 and 1997 Denton City tax bills for real and personal propeoty taxes Please note our mailing address on the a when sending , the refund, r Please call me at (973) 628.2752 if you require any additional information Vcry truly yours, C It 1. ~A, I r. Lorri Miceli Senior Tax Accountant r• r 3 y Y i 10 2.5 x 10 32x i ' Q Sent bY: LICC Procurement A/P 770 582 5233 ; 04121198 9:42Atl;JG;t N895;Page 2/3 I 1 VWDA?T EX 0) DAYS . NET ••u••r•••sur766.37 ►AY 1'0 TIIi 0Rb[l CITY OF III iNI ON TAX 0114CH f 110 8OX 1517 UNION CAMP COMPA'I KIN DENTON, t % 76]02 2311 ,,..y~/am~ NAEWNS YANC Cif l1WRULI. N.A. Q7/tI ~4-11~111;~111. &; 04aS u47i it, "I AnANTA DtYAlRCOUHTY.claRrrA ~dOr;~ -i)(nJ,~l ary-- 1'0000~8fi334M 1t0631ij988+; 3?9 990 54~4M rOtip257bG39e+ i~~• ,~'~S F'd Y~[iS r ii ,„y1``1 vl Y~~ ! fAL i. i r't• ! L !r♦ IR3VI } ;r ! tl s; i F3t Yr YY~ !w ! JJ F6s1 02 ~ } fi f Il`. , f11Y) 1 t {i~ ~ ,7.i'11 gyp 1 G~~~1' d I { ~ri~ ! ~llI Yl~/ ~I}I.'L •~`)J;t w ~({it yrn d/~I~. 1~~ 4t t"} r,~~1 TL .l •"F "L (.f e~ ~S it1 I~It~l1 i / L, ~~G. JJr!~i JI'f I j:, I is I~.v i ti'.Ih '.r• 1~, 1 r^ r\/r I ~"e7y 1~' I i.~l F aw hrnr ti LW I ~tyr '*T kg E}/7rl s }T . {'Y" tf' S t. a L rr w I fl..rv Jr~.ah,~. J}- I' e! 71."r P • /rr{ r ^ ~f~.l , ~I 'fir r • wlrr'a1 JFF` ; !J gi' y ye y, I ,w #iY rf~ i 1 ~ prid ~ rJ ~F :rit..'GrL-: Y~yI .J~f ~,1';1'; . L FI. J h I Jli t 1.`i~1 _I ~Jti I ! ! !!rrl 7; L L r r4r 1 ~}J ♦ jJ`' 11 J.{0 ! , A ~ ' ( t ~ `J! 4, 1 rS / t ! ~ i 't!d rL S ~ o u~ ~ti i k Twil Account Serial Dollar Item Imago Issue Paid ~Nua_oer Number Amount Status Statue Li_t_e__ Data 00003]9!906114 00002e633e $115,166.77 Y Yen / / 0]/09/1$18 CD Volume Sequence Additional _ID _ _ Plucaar_ Data 199A03010204D1 0005829358 4 s NO d 32 x 0 i a, " II ~ I I + 1I i ' 1 I • INIIIl1111lIIU°illNilll!If lll''IN iiI~NININIIII 'III!!~3!iII~E!III'1 ' ' III TAX YEAR 1997 ! ACCOUNT NO: 90083100000 ` PROP OWNER: UNION CAMP CORP !JAKE CHECKS PAYABLE 10 CITY OF OENTON I, L TOTAl. TAX Out p A c LI'~ t 13 813.01 J 7tiR 1 1111 11 1 I1111I1 ~~11IIII~~I lllllllllfl1111l IIIIIIIII IIIIIII ~ j CITY OF DENTON TAX O'FICE PO 80X 2747 DENTON TX 78202.2747 000 REM T~TMC~L(E~'P6Y 9 WILL Of YOUR RECEiIE K IPT, ~K 3 2 . • l o 0 Too" 0 I . TTTI-~- ff'~~~T~T► , J L ~ { !#!{Illllillll~lilllllllllllllll ih'Illl~gll Ililllllllll'iillll~ ACCOUNT NO: 03459900000 TAX YEAR 1997 PROP OWNM UNION CAMP MARE CHECKS PAYABLE TO COTY OF DENTON i, L TOTAL TAX DUE O _11,953.36 ",~lP I II~,t,ll,,,bill„„JdJ,L,II„IIL„N,,,II CITY OF OENTON TAX OFFICE PO BOX 2347 000 j OENTON TX 70292.2347 OPY VOII TL ?AN E C IU-CHECK CK 6 WILL BE YOUR AECEIPT. d 25 a 3 • O i , B 012686x, 1313 `AJL°..... TRANSACTION HISTORY RECORD INQUIRY PNF10303 TRANSACTION HISTORY KEY: 97050305070001 CASH DATE: 990203 r DATE: 97/05/03 TR/LM CODE: T10P RECEIPT NUMBER: 9705030507 POSTED TO TR/LM: P YES RECEIPT SEQUENCE: 0001 POSTED TO RECEIVABLE: N N/A TAX ACCOUNT: 0345-990-0000 POSTED TO CASH: P YES AGENCY: 1 (CITY) FUND NUMB: 1 (OPER [ MAINT) FUND CODE: 06 (OVERPAYMENT) DELINQUENCY CODE: 1 (CURRENT) TAX YEAR: 91 CHECK NUMBER 286334 DATE PAID: 013198 CHECK AMOUNT $11,953.36 TRANSACTION AMOUNT: 11,953.36 LOAN COMPANY: 000 NO LOAN COMPANY ~r. n, t i R' ;OTT", "ENTER" TO RETURN TO BROWSE. fJ. r r. wu,~,,, NS b) L4 -7o • ~p r ~ r ~r r a is Pi J~ ~y n r r, r ~ C°~"N'i2 IC ~l x Wi 'fin SyFr . A r, ; 'araromrt o 1 mwm f - . _ - Denton Central ADpOpral%Al District A C A D 5 T 5 T E n 01127198 THE SOFTWARE OkOUP, [NC, 7AAXXINOTEN771 E 05IP (~TSAFETICAL/NT ClLF%''RENT OtSA~ER) PAGE 6 6 DEED P-K 1D CHANGE DATE/71ME/OPER F'RDPERT) ' ID PREVIOUS OWNER NAME DEED EV. PG CHANGE CODE "'REF ID LEGAL DESCRIPTION DUNER ADDRESS DEED DATE CHANGE DESCRIPTION R .-w_---------_- 810..706 NATALIE n 378770 MRERS01, CHF%ISTDPHER 97-00833&? 12/30'97 PLETCHER, CROSSING SEC I, BLDCK 1, LOT 101 MEAOUII LN OIAI ---DENT01, TX 76201-w- 12/01/97 OWNERSHIP RANSFER 81747.'8 WALTHER, UDO H 379197 HARTNETT, EDnM G 97-0083187 01/14/98 MONIECITO DEL SU2 SEC 2, F4.OCK G, 3801 MO)ITECITD RD OW14 LOT 1R DENTON, TX 76205 -12/05/97-- OWNEkSHIF TRANSFER F31647 DAY, EAPLEKA PAY DOYLE ETAL 303078 HASTY, RONALD W 97-0078637 12/30/97 FRi 0 H. BLOCK 1, LOT 3(N 112), 10002 MOSS ROSE LN OIRt 12 111442///PEALnCf4T 31 AUBRET, TX 76227-4006 11/06/97 DWNERSHIP TRANSFER j PS6515 COODELL, HARMV U 379383 HIGHTOWER, PAIR. W 97-MB4165 01/13/98 li PAISLEY PLACE, FLOCK 2 LOT 6 1515 rAY ST OWII DENTON, TX76201 12/02/97-- O1JNEkSHIP TRAFGFER I 823471 KISDO71 PROP INC 299589 HILL, FRANlLIN D 97-6081923 01/15/98 N''ATK)DW 01, Ma A, LOT 7 2901 FOXCROFT CR OWN DENTON, TX 76201 11/20/97 OWNERSHIP TRANSFER F13G3'9 TRAP, RUSSELL 379066 v r-,ROOK, JASON R 97-0083942 01106/98 INFINJTT STRATA ADIN4, FLOCK 1, LOT 423 STRATA DR 01111 C DENTON, TX 76201 12/01/97 DUIVERSHIP TRA14SFER - FECKMAN, HENRY W 366731 HOOD, RALPH E 97-0010474 01/20/98 CARPOLL PARV FLOCK A, LOT 4213 AYM CT CW11 7(REPLAT) FLOWEk_MMD, TX 75028_1 DEV765 02/18/97 OIJNEP.SHIP TRANSFER I NFTIDNSEAITC nTD Coke lSa:+,3 HouSn1C 11 LIkBAN 97-008SB79 0vo5/98 I AVKN VIE 2 BLDCK J, LOT 1' C/O SFLM-REO-6AHSk OWN P 0 BOY, 2905 12/08/77 WfPSH1P TRANSFER . FORT WORTH, TX 76113.290'5 ------------_-_-.w.-.._r-----w^---_w---.-____r 831360 FPMELL, JAMES D 378739 HUTCTOMI, PfiIAN D 97-008340J 12/29197 CF:ESTWOOD HEIGHTS, PLOCY. P, LOT IA, 2433 KAYEWCDD ST DWH 1/138P,//.IP LILLY 76.. DENTON, TX 76201 11/26/77 OWNERSHIP TRANSFER F,2677I $ALAS, MEAL SP. 19085 KJTCHINSOH, MARGARET C 97-0073327 01/13/98 E LACY AWN, KDC)( 1, LOT 12(W93'), 2104 HOLLY HILL LN DWN -17/403//MkAC RR SUR A8 163 DENTON, TX 76.''03 10/17/97 OWNERSHIP TRANSFER F3S870 HYNEK, JOE 379°56 HYNEK JOE 0 TRl1ST 9)-0081300 01/15/98 NORTH LHIVEk51TY PLACE,•BLOCK 13, RT 2 OWN jV 101 8- 8/4069913_//FEALr0NT AC 31 AMOTT, TX 76621 31/26/77 OWNERSHIP TRANSFER LM OM CAMP 368996 INTMATIONAL ISOTOPES 97-0001392 01/06/99 F:34S°9 HARLEY ADON, BLOCK 1, LYT 1, ACRES IRA L04 MORGAN OWN 12 000 3100 Jin CHRISTAL RD 11/19/97 OWNERSHIP TRANSER Canon. TX 76.°07.2600 own= e ~4F.. • o O V E R P A Y M E N T S REFORI F10R05DW 04/17/88 AT 18:39 ACCOUNT N0. RECEIPT N0. NAME ADDRESS AMOUNT STATUS 0 GOODSON WY 0.03 OVERPAY C8255100000 97/04/12.0225 AP LAND INV LTD P/S SENA ST 34.22 OVERPAY 03380600000 97104/13-0046 SORRELLS. RANDY DEWAYNE W UNIVERSITY D 0.07 OVERPAY 91876500000 97/04113.0162 JOBE. LINDA SUN VALLEY DR 20.98 OVERPAY 03117400000 97/04/14.0045 ZACKERY, JACKI[ WAYNE W HICKORY ST 8.76 OVERPAY 03503800000 87/04/16-0044 COSL£TT, JERRY W MULBERRY ST 7.66 OVERPAY r+~14700000 97/OA116-0045 COSLETT, JERRY E W MULBERRY 8 1 4.65 OVERPAY 03514900000 97/04/16.0046 COSLET7 CORP E RD 174. 42 OVERPAY 17071700000 97/04/20.0164 WRTGHI MAY SEVILLLN 0.02 OVERPAY 11]76600000 97104/21-0181 PICHAR65 JANITORIAL SERVICE AUDRA T 100,00 OVERPAY 03278300000 97/04/21.0273 HARPOOL FERTILIZER CO I. W AICUNTKIVENRNEY 5 S D 11.76 OVERPAY 91297200000 97/04/26.0078 99 CENT STORE (MERCHANT) UNILS PL 201.75 OVERPAY 02414050000 97/04/27-0045 MILLER, JACK E Pf AN MONTCLAIR 01 75 OVERPAY 2,839.16 OVERPAY 021117J0000 97/04/27.0146 RUSSELL AOf,EA L R :AM ST 40.6 15632600000 97104128.0348 RLNEV PIMILY TRUST 1995 B R 9.15 OVERPAY 03869100000 97/04/29-0462 ARRINGTON. AUDRA A TRUST COUNTER Y Y C41W02 L 3.06 OVERPAY 1 10473500000 87/04/30-0201 RICKMAN. KENNETH N TEASL ELM ST 917.85 OVERPAY 03386700000 97/04130.0260 BROWN, N DALE 08 OVERPAY 03388300000 97/04/30-0261 BROWN, K DALE TN E ELM S ST 0243 L 1022 ..44 OVERPAY 51165700000 97/04/30-0268 GILLELAND, SHIRLEY S WOOOROW LN 167.70 OVERPAY 11408700000 97104130.0364 NW REALTY INC A 89.23 OVERPAY ` 03439600000 97!04/30.0366 NW REALTY INC SHASHADDYY O OAAKKS S D OR 313.03 OVERPAY 03439400000 97/04/30.0369 NW REALTY INC SHADY OAKS DR 3]5.03 OVERPAY 03439500000 97/04/30.0370 NW REALTY IBC SHADY OAKS DR 140.76 OVERPAY 0]439700000 97/04/30.0371 NW REALTY INC 5 MAYHILL N 67 0,01 OVERPAY 51580700000 97104!30.0651 CMH PARKS INC S MAYHILL 0142 0,01 OVERPAY 1 61660500000 97/04!30.0665 CLAYTON COMMUNIIITES INC ATLAS DR !74.76 OVERPAY 02971600000 97/04130.0941 ERNST, KEN R Jt SAES ST 0.01 OVERPAY 03464400000 97/05102.0098 ROBERSON WAYNE DENT011 IEAAS 1.17 OVERPAY 41028700000 97/05/02-0195 SPECTRAVISION 101 .68 OVERPAY 1852700000 97105/02.0260 GOLD, KENNETH J NNAATTCCHHEE2 7TR P 104.68 OVERPAY 18527700000 97105/02.0267 MILLIKEN, TIMOTHY R NATCHEZ R 104.68 OVERPAY 18528000000 97105/02.0269 TIEKEN, RUSSEtI W NATCHEZ TTR 104.68 OVERPAY 18528100000 97/05/02-0270 MCELHANEY, RICHARD W NACHEZ 111 104.68 OVERPAY 19528600000 97/05/02.0273 CENIENNIAL H^MES INC SHILOH RD 104.66 OVERPAY 'T 1862310.000 97105/02.0278 DRAKE, JERRY f JR SHILOH RD 49.28 OVERPAY 18530300000 97105/02.0256 CENTENNIAL HOMES INO SKYLARK OF 123.83 OVERPAY 03221500000 97105/02-0460 GILL. MARK R W OAK ST 0.63 OVERPAY 03092700000 97/05/03-0011 LAVENDER, LINDA N LOOP 288 9,164.20 OVERPAY 03579600000 97/06/03.0110 NORTH 1A NURSING HOME OF DENTON TIMOERI DOE 34.29. OVERPAY 15470600000 97105/03.0287 KARVOUNIARIS. JOHN PAY 1047B3V0000 97/05/03•0367 MESTA, BALIAZAR W JI WMINDDSOSOR S Si T R 11,9 1122.. 112 2 OVEOVERRPAY 03459900000 97/03/03.0507 INTERNATIONAL ISOTOPES INC W SCRCISTAL 3.30 IPTURE ST 116.07 OVERPAY 03922700000 07105/03.0811 WOLSKI EO TR 1 4.87 OVERPAY 91474500000 97/05105.0015 AR MOTbR SALES S S ELM M 9 31 28,65 OVERPAY 1 81476800000 97/08/05.0018 DENTON IMPORTS DALLAS 1 29,99 OVERPAY 91477000000 91/05/05.0019 DOWNTOWN MOTORS FORT WO RIH DP 19.96 OVERPAY 91471900000 97/05/05.0020 HONEST JOHN'S CADDY CORNER S ELM ST 16.16 OVERPAY e 91476300000 97/06175-0021 JACK'S FRONTIER MOTORS FORT WORTH DR 9.42 OVERPAY 91480200000 97/05/05.0024 DNTRREY RA CO DALLAS DR 1,659.67 OVERPAY 0;A80300000 97105!06.0026 DE NTON MOTORS W UNIVERSITY 0 87.68 OVERPAY 91482000000 97/06/05.0028 SAY'S SOUTHERN MOTORS INC S BELL AV 19.46 OVERPAY 91482200000 91/08/05-DO20 S1ANrORD'S AUTO SALES I i i 1 32 x I • a Agenda Nn Agenda Item Date ale, AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 ACM: Kathy DuBose, 349-8228W SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GROUNDWATER MONITORIN, WELLS; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE i DATti. (BID 9 2204 - GROUNDWATER MONITORING WELLS AWARDED TO ETTL ENGINEERS & CONSULTANTS INC. IN THE AMOUNT OF $87,150.00). AACKGROU,ND As part of the City of Denton's Landfill Expansion Project, the TNRCC permit requires the installation of twenty (20) groundwater monitoring wells, three (3) piezometer wells, fifteen (15) gFs probes, four (4) utility vents, and abandonment of five (5) existing wells. TNRCC permit regulations require the installation of all groundwater and gas monitoring wells prior to the input of any solid waste in the new cell, Groundwater monitoring wells and gas probes are required by the permit so that representative groundwater and gas samples may be collected along the permit boundary to monitor current contaminant levels and provide background data. Piezometer wells wi!I be used to collect information about groundwater elevations for future cell construction. Utility vents will be used to prevent landfill gas migration along two existing sanitary sewer lines that cross the permit boundary at two locations. The five existing monitor wells that will be abandoned are no longer necessary in the groundwater monitoring program due to the expansion of the permit boundaries for the new cells. ESTIMATED SCHEDULE OF PRQJECT The installation of the groundwater monitoring wells is anticipated to take twenty-five (25) working days and is scl-.t Med to begin in late June. r FRIORAC110NIREVIEWWop eil.Board,I„Cwxmlaslonal Q This project was reviewed and approved for award by the Public Utility Board on June 2, 1998. l I 2b x 10 32_XI❑ ERA Eq&~M%KVNJA w " I • ~ it , ' ~ r . N f ` , 11 { I' it fpp r h 1, 1 y AGENDA INFORMATION SHEET JUNE 2, 1998 PAGE 2 OF 2 ~.y FISCAL INFORMATION 1 r Funds for the Landfill Expansion Project in the amount of $3,231,000 are included in the 1998 Capital Improvements Plan. The City has encumbered $2,095,187.03 for cell i _ construction, slurry wall/dewatering system, consultants fees, and perimeter fence I construction. There is currently $1,135,812.97 remaining in the 1998 Capital Improvement-, Plan for Landfill Construction. BID INFORMATION - i Bids for the installation of groundwater monitoring wells and gas probes were accepted on May 14, 1998, ETTL Engineers & Consultants, Inc. submitted the lowest bid. The bid estimate was $87,150.00. A list of all participating bidden and submitted bids is shown in Attachment 1. Respectfully submitted: J y ` 1 Name, Tom Shaw, C,P,M., 349.7100 a ; Title. Purchasing Agent Attachment #I: Tabulation Sheet t r^' IWAGENDA : r 2 r , f .i,b i Mt y~ aa 2 CJ k + M, 'a ++~\x. 34 5 r„ r i xr i 1 I I ATTACHMENT N 1 TABULATION SHEET r BID $ 2204 GROUND TERRA ETTL EMCON 810 NAME LANDFILL EXPANSION GROUNDWATER WATER MAR ENOR. MONITOR WELLS MONITORINO i INC i DATE 19401 •93 M. ~I~T~ON VE H~ 7 r TOTAL BID AWARD $03,397.00 694,950.00 597,150,01 1119,797.09 BOND YES CASHIERS CASHIERS YES CHECK CHECK JI i I I f ~ +v t o 0 s~ ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GROUND WATER MONITORING WELLS; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2204 - GROUND WATER MOMTORING WELLS AWARDED TO ETTL ENGINEERS & CONSULTANTS NC. IN THE AMOUNT OF $87,150.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the pmredures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids arc the lowest responsible Lids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUM@E$ CONTRACTOR AMOUNT 2204 ETTL ENGINEERS & S 87,150.00 CONSULTANTS INC. SECTION II• That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such ^ public works or improvements herein accepted and approved, until such person shall comply with Pill requirements specified in the Notice to Bidden including the timely execution of a written contract and furnishing of performance and payment bends, and insurance certificate after notification of the award of the bid. 1 ~ SECTION III. That the City Manager is h ereby authorized to execute all necessary written s cor, acts for the performance of the construction of the public works or improvement in accordance j with the bids accepted and approved herein, provided that such contract 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 r retained therein. 4 k 25x10 32X10 I maw , 1 Z I . Ar I .i . r 1 IS it~. ' 1 fWSA M 1 . A 7 1. rAiIIA Y4, .u +a. .nrv..r....w r.. . _ i 1 7. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such ' approved bids and authorized contracts executed pursuant thereto. SECTION V, That this ordinance shalt become effective immediately upon its passage and approval. z PASSED AND APPROVED this the day of ,1998 h~ .1 Y JACK MILLER, MAYOR w :r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 120 CONTRACT ORDINANCE 1111 s ~ 1 , { t r I I R p l,r iV K ~ I I] 5 I' I h f w t _ _ 9~y~fk:xal ' 45, x `J 71 7 y.. y4.<~$ ,?I, 32X W 0 MTN" Apentla No Apwda item _ Date _ AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 Questions concerning t:tis acquisition may be directed DEPARTMENT: Finance - Purchasing to Tom Shaw 349.7100 ACM; Kathy DuBose, 349.8228 SVBJECI AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF TARRANT RELATING TO PARTICIPATION IN VARIOUS COUNTY OF TARRANT CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. (FILE k 2231 - INTERLOCAL AGREEMENT WITH TARRANT COUNTY). BACKGROUND In discussion with the Purchasing Director for Tarrant County, it has become apparent 1 that extending your cooperative efforts will be advantageous to the City of Denton. Interlocal agreements similar to this are permitted under Chapter 791 of the Texas Government Code, Interlocal Agreement Act. With this agreement, the City of Denton will be an independent purchaser but have the ability to utilize the competitive bidding process of Tarrant County. This procedure will satisfactorily meet the requirements of State Law and City Charter, ESTIMATED SCHEDULE OF PROJECT This Interlocal agreement will be effective after approved by the Denton City Council and the Tarrant County Commissioners Court and remain in effect until cancelled by either party. PRIOR ACTION(j1Ey EW (Council, Boards, Commissions) Mr. Jack Beacham, C.P.i.I., Purchasing Director for Tarrant County and I have discussed i this on several occasions, Afler approval by Denton City Council, the lnterlocal Agreement will require review and approval by Tarrant County Commissioners Court. 1 y i r. _ r O r ' AGENDA INFORMATION SHEET JUNE 16, 1999 PAGE 2 OF 2 FISCAL INFORMATION This lnterlocal Agreement has no direct fiscal cost, We do feel that the possibility for significant savings do exist. a INTERLOCAL AGREEMENT INFO$MATjQjY The approval of this Interlocal Agreement by the Denton City Council and Tarrant County Commissioners Court will extend to the City access to all Tarrant County contracts for goods or services. We will be under no obligation to utilize these contracts, and even if we do, remain an independent purchaser. Any expenditure exceeding $15,000.00 will be presented to Council for final approval We currently have similar agreements with Denton County, Lewisville, Krum, Flower Mound, The Colony, Lake Dallas, Gainesville and Houston Galveston Council of Governments (HGAC). Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 i r Title: Purchasing Agent 11 Iril AGENDA I ! 4 2 Y _ V, i , i Map- a%& NFAMLMIVL~=A& SALA, MM 0 0 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF TARRANT RELATING TO PARTICIPATION IN VARIOUS COUNTY OF TARRANT CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. (FILE k 2231 - INTERLOCAL AGREEMENT WITH TARRANT COUNTY). i THE COUNCIL OF THE CITY OF DENT014 HERESY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Interlocal J Agreement order between the City of Denton and County of Tarrant for the purchase of various goods and services, under the terms and conditions, contained in the said II Interlocal Agreement which is attached hereto and made a part hereof. SECTION It. That thi City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the purchase order. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of 1998. lack Miller, Mayor ATTEST, 44 JENNIFER WALTERS, CITY SECRETARY 1 • BY; { APPROVED AS TO LEGAL FORM: j HERBERT L. PROUTY, CITY ATTORNEY t BY: • 2131 NTERLOCAL ORDNANCE ` - Ilk i i 3 Ldp. Y ~ 25 to a2xla Now 0 r . i INTERLOCAL AGREEMENT BETWEEN COUNTY OF TARRANT AND CITY OF DENT '44, TEXAS This agreement is made this 15th day of May, 1998, between the County of Tarrant, Taxes and the City of Denton, Texas. Pursuant to tho authority granted by the 'Texas Interlocal Cooperation Act,' Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows, WHEREAS, the contract is made under the authority of Sections 791.001- 791.029 of the Texas Government Code; and, WHEREAS, the panles, in performing governmental functions or In paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract Is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which Is the subject matter of this contract; furthermore, the governing bodies frd that the performanc9 of this contract is in the common interest of both 11{ parties; and that the d vlslon of cost fairly compensates the performing party for the services performed under this contract; 1 The City of Denton, hereby makes, constitutes and appoints Tarrant County its true end lawful purchasing agent for the purchase of various commoditios using Annual Contracts (Bids). Tarrant County will maintain a listing of Annuel Contracts which are available for local entitles use. To utilize one or more of these contracts, local entities musr request authorization, in writing, to Tarrant County, Upon receipt of request, Tenant County wilt send e form letter to the appropriate vendor(s) for their approval and signature. Upon receipt of authorizing letter from the vendor(s), Tenant County wilt forward a copy of the letter and appropriate Annual Contract to the requesting entity. The City of Denton agrees that Tarrant County shall serve as the purchasing agent for selected Items, and agrees that the bidding shall be conducted by Tarrant y County according to its usual bidding procedures and in accordance with applicable State statutes. 4 X f,' e a II. i i. The City of Denton agrees that all specifications for selected items shall be as determined by Torrent County, III. The City of Denton agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill the City of Denton directly for all items purchased, and the City of Denton shall be responsible for vendors compliance with all conditions of delivery and quality of the purchased items. r~. Tom Shaw, C.P.M., Purchasing Agent, is hereby designated as the official representative to act for the City of Denton In all matters relating is this agreement. V. This agreement shall lake effect upon execution by both signatories. Vt. This agreement shell be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. 1 TARRANT COUNTY CITY OF DEN'i ON i; t3Y BY • TITLE TITLE • • i DATE _ DATE i A .1 26 x 10 Lit 11W 0.~MNIIALMIJ&~~UALMLN-NALMN j i i I Agenda No ,1~-~ Agcoda Nam AGENDA INFORMATION SHEET pate i AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (HGAC) FOR THE PURCHASE OF A x' POLICE SEDAN BY WAY OF AN INPERLOCAL AGREEMENT WITH THE CITY ' OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOkE; AND PROVIDING AN EFFECTIVE DATE, (PURCHASE ORDER k 85606 TO HGAC IN THE AMOUNT OF $20,679,66). BACKGROUND One of our new 1998 Police Patrol Sedans was totaled in an automobile accident May 10, 1998. The decision was made to replace the vehicle with a simular type unit. Since April 4, 1998 was the last date to order a police sedan from the factory, we have chosen to utilize nur Interlocal Agreement with Houston-Galveston Area Council (HGAC) and purchase off of their contract. These vehicles comply with or exceed our required specifications for police sedans. ESTIMATED SCHEDULE OF PROJECT Philpott Motors, the HGAC contractor, ewrently has a limited number of vehicles in stock for two day delivery. PRIORACTIONMVIEW (Council, Boards, Commisslonal i An Interlocal Agreement between the City of Denton and HGAC was approved by Council in 1995, Ordinance 093.107, allowing access to the HGAC contract, The need for a replacement vehicle has been reviewed by representatives of the Police Department, Risk Manager and Fleet Superintendent. l c ,5 K 32XIO I ~I I I~ I,:r ~,~r Y,a~at Y 'r, r ,I. 1 I > > i t ~ r '1 r + r C Y , AAMU . s I4Y tit h a:.` h AGENDA INFORMATION SHEET a JUNE 16, 1998 PAGE 2 OF 2 FISCAL, INFORMATION The purchase price of $20,679.66 exceeds our contract price by $670,66; however. this unit has some additional equipment installed and must be delivered from Port Neches, Texas. Funds for this replacement vehicle will come from Risk Retention Fund Account N 740- 004-W28-8592. PURCHASE O$DER INFORMATION Purchase Order Of 85606 to HGAC is for the purchase of a 1998 Ford Crown Victoria Police Sedgn. The vehicle is a replacement for a unit damaged beyond economical repair. The price is from the annual bid contract between HGAC and Philpott Motors. The unit will he delivered from stock and meets or exceeds our required specifications. f Respectfully submitted: i qzz- Name, Tom Shaw, C,P.M„ 349.7100 Title: Purchasing Agent , Attachment 01: Purchase Order N 85606 • HGAC , 1048 ACENDA ' I 1 ~ f A I , M1 l 1 ~5 Y Y , I 2 a 1 ~ `r ' 10 IF 1 / 7r ~ 'li / t 14 ~ Las r a4 ar ~ f ' swan I5 14 y Y y - 4`. IS ~T I 7 + ~ ~ I J l i r i 11 .IBS- I PURCHASE ORDER NO; 85606 THIS IS A xKX this n+. Der mum sppesr on en CONFIRMING ORDER invoices, d011vwT slips, cases. Ilf MASKED) { clrls, bows, psc►In9 sups and bills. . DO NOT DUPLICATE R09 No! 81d Na Dale: 05 28 98 Page No. 01 CITY OF DENTON TEXAS PuRCHASING DIViS1ON 1 901-8 TEXAS STREET 1 DENTON. TEXAS 76201-4354 9401349-7100 D4W METRO 8171267-0042 FAX 9401349-7303 f VENDOR HOAC NAME/ P.O. BOX 22717 DELIVERY CONFIRMATION ONLY C14 ADDRESS 3555 TINNONS SUITE 500 ADDRESS FLEET SERVICES HOUSTON TX 77227 804 TEXAS DENTON, TX 16201 VENOM ND. HOA49000 DELIVERY DUOTED 06 16 98 FOS DESTINATION BUYER TS TERMS 001 20619.66 10 VENDOR CAT. 1 M / A NFU MAKE 14000 20+679.66 CITY 0 6500 FORD CROMX VICTORIA POLCIE SEDAN HOAC BID SERIES 172510 CP SUPPLIER - PHILPOTT MOTORS lJ . lI I P OE TOTAL 1 201679.66 OR ND TOTAL 1 201619.66 ' 740 004 0028 8592 20+679,66 YENU06 INSIAMIONS, I forms • Nei so Fweu ..w.,.. v.\tiul I. {m6 Nlpnd IYasity Mdl 6yhem it" ; 1 Sni III! m111menM4 F66 08511mh0e p4Pe4 s.u...dw.u y..4..+r - 1 bill to Accwnif Pryfhl S W104#141 w Simla Wes q. 1W N In Wei -1 cbaW vision oil { M706er.sl I In plus 1111104 2 5 Y, 32'X 10 awn" t e ~S waanrr r F t ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 1998 POLICE SEDAN FROM THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (HGAC) CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 085606 - HGAC IN THE AMOUNT OF $20,679,66), WHEREAS, pursuant to Ordinance 95.107, the Houston-Galveston Council Area of Government has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment supplies or services can bo purchased by the City through Cie Houston-Galveston Area Council of Government (HGAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget fur the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, TI IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDL, VENDOR AMOUNT , I C 85606 HGAC $20,679-66 t SECTION 11. That by the acceptance and approval of the above numbered items set forth w' in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the HGAC for such items and agrees to purchase the materials, equipment, supplies or services in . accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the HGAC, and the purchase orders J issued by the City. t m, 4 r 32 x; I rp 4' rns, w+r-+~)n,ru.cMi.r. wuw w.« _ . ( . i 1 SECTION 111, That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the HGAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the HGAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor r in the amount and in accordance with the approved purchase orders or pursuant to a written contract 1 made pursuant thereto as authorized herein, SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this dayof 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROD rY, CITY ATTORNEY i ' { B1':[~rl~ih~f rt~cY e5GrKi P STAU ORDINANCE ~ • I ~ O ~ t 5 25 K 32 X Alt: ~ a O 1 Room Ap do No Aponda'Iain Date AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance-Purchasing to Alex Pettit 349x8595 I ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CASTLEMARK CONSULTING, INC. FOR SERVICES RELATING TO THE APPLICATION OF SOFTWARE r' PRODUCTS ON THE MAIN FRAME COMPUTER SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER M 85608 - CASTLEMARK CONSULTING, INC. IN THE AMOUNT OF $35,200.00), BACKGROUND The Long Range Technology Plan identifies weaknesses in many applications currently used by the City. Several of these applications were developed by another city and acquired at no cost or were purchased and ate no longer supported/updated by the vendor. Several applications are in need of modification to incorporate changes driven by recent changes in law, year 2000 compliance and the need to document application programs. The scope of services for this professional services agreement include: Programmer expertise in documentation of each application program in the current tax system. , • Modification of the Municipal Court Application programs and screens to allow for and process a $15.00 fee, recently Implemented by the state. • Proposed solutions for assuring compatibility and proper operation of the Tax System beyond the year 2000. i a 0 ESTIMATED SCHEDULE OF PROJECT The project shall commence upon approval of the contract and remain in effect until completed, Estimated hours for accomplishment of the scope of.ervices Is 640 hours. I I t , 1 , K n 32X M j t i t ' r l`t r N v ~ r , Y' o. k! 'fir' n F 4'A AGENDA INFORMATION SHEET NNE 16.1998 PAGE 2 OF 2 , FISCAL INFORMATION 1 This Professional Services Agreement will be funded from 1997.98 budget funds, account 0 100 U4MBO-8502, I CONTRACT INFORMATION l We recommend this Professional Service Agreement be approved in the amount of $35,200 to Castlemark Consulting Inc. " Respectfully subnuttod: t J E lz~ Name, Tom Shaw, C,P.M., 349.7100 Title: Purchasing Agent Attachment #I r Purchase Order N 0608 to Castlemark Consulting, Inc. Attachment N2; Professional Service Contract Attachment 0 Exhibit "A" Cost Estimates ~ 1f 1049AaEHOA DOC t~• 0 y~ 44 i' 2 i 2 5x a ' 32 X Mom { 1 ~ ~ ~ t 1 .n~ ~ ~ l P f 4 0• 0 1 , t1, a 1~n f` ~ A a ~ I 3 '5 i PURCHASE ORD€R N0: 85608 THIS IS A KXK This number mute wooer on all CONFIRMING ORDER Invoices, delivery ehps, cases, . IF MARKEDI ctne, boxes. picking elope nd bills. DO NOT DUPLICATE Bid No. Otle 05 26 96 Poe Na 01 "CHASING DrvICOTY901 B ?EN StRRENE{ 1~DENTOXAS R ERAS 70201-4354 9401349-7100 O1FVV METNO 117/287-0042 fAX 9401349-1302 VENDOR CASTLENARK CONSULTINO, INC. NAME/ 8200 BROOKRIVSR DRIVE DELIVERY CONFIRMATION ONLY C11 ADDRESS SUITS N508.LOCK BOX 106 ADDRESS INFORMATION SERVICES DALLAS TX 75247 601 B HICKORY NARY LESLIE HOLDER 021ill TX 76205 i VENDOR NO, CAS50005 DELIVERY QUOTED 06 16 96 FOS DESTINATION RM T6 TERMS f 1 001 35200.00 $6 VENDOR CAT. I X / A KFG NAME 1.000 351,200,00 CITY 0 8S00 1 ' CONTRACT PROGRAMMER FOR TAX DOr,UHENTATZON1, NUXICIPAL COURT 125.00 FEE, TAX YEAR 2000 COMPLIANC6e TAX MULTIPLE ENTITY RESEARCH. F , N~ I P %Q3 TOTAL 1 350200,00 GRIND TOTAL s 350200,00 100 044 0090 8502 35,200.00 YlND011 INSiMATgNL 1, firms NII 10 IM.., yew«• .mewl 1, Send r446111 Innelcl Volt 64119N1 6*1 ~ 4 Sh,o m1 mtbetle 101 DOSllntion peal I ell to - II hy~le ( file ellels' w limit LIONS too ttdl 1141 ek l 111 E WMmey 21 m fi est lolled flenlon, TA 11211.4114 RFCFIVFR COPY F" % 4= A 0 71x01'9 . w ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CASTLEMARK CONSILTING, INC. FOR SERVICES RELATING TO THE APPLICATION OF SOFTWARE PRODUCTS ON THE MAIN FRAME COMPUTER SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER N 85608 - CASTLEI,' A?K CONSULTING, INC. IN THE AMOUNT OF $35,200.00). f TH E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute e f Professional Services Agreement with Castlemark Consulting, Inc. pertaining to performing on-site assistance, training and problem resolution for mainfran application systems and to perform consulting services related to the following application software products on the mainframe computer system: Tax Documentation, Municipal Court - Time-To-Pay 525,00 Fee, Tax - Year 2000 Compliance, and Tax - Multiple Entity Research, a copy of which Agreement is attached hereto and incorporated herein by reference. ECTIONIII: That the expenditure or funds as provided in the attached agreemc>>t is hereby authorized, SECTION III: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of .1998. ~II I JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY i I BYt APPROVED AS TO LEGAL FORM: u~ HERBERT L. PROUTY, CITY ATTORNEY S BY. N) P16OR-PROI LSSIONAL SI.RVII tS AON MINT ORDNANI I i - x 32x10 0 1 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING STATE OF TEXAS 6 COUNTY OF DENTON ¢ THIS AGREEMENT is made and entered into as of the day of 19 by and between the City of Denton, Texas, a Texas munfcipat corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, herewafter called "OWNER" and CASTLEV.kRK CONSULTING, INC., hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an Independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are In connection with the following described project: To perform consulting services related to the following application software products on the mainframe computer system as further detailed in the scope of services set out below: Tar Documentation, Municipal Court - Time to Pay $25.00 fee, Tax - Yerr 2000 Compatibility, and Tax - Multiple Entity Research. ARTICLE 11 SCORE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A, Performing on-site assistance, training and problem resolution for mainframe application systems. S , B. To perforrn consulting services related to the following application software products on the mainframe computer system: i I. Tax Documentation. Consultant shall put into writing the process mid function of each application program in the current tax system. 2. Municipal Court - Time-To-PAY S25.00 Fee, Consultant shall modify he current Municipal Court application programs and screens to allow aid i S 0 32XI❑ K ~ , ;wsuuweaa ' 0 ti i i process an additional 525.00 fee, if the Judge allows a person to have extra time to pay his fine. I 3. Tax - Year 2000 Compliance. Consultant shall review the current installed tax system for tracking, calculating and pro:essing ad valorem tax obligations. He shall propose solutions fa assuring compatibility and proper operation of the software beyond the year 2000. Next, he shall modify the code in the application programs to achieve proposed solutions. He then shall test the modifications to mchieve Year 2000 compliance and warrant proper operation i of the software after modi5cation. 4. lax - Multiple Entity Research. Consultant shall put into writing the process and function of each application program and the data files that would need to be modified to allow our current tax system to operate for more entities. C. Availability of City Resources: City will make available to Consultant the use of the terminal for access program libraries and files to allow problem resolution and implementation of enhancements. ARTICLE M PERIOD OF SERVICE Tijs Agreement shalt become e::ective upon March 3, 1998 and shall continue until all tasks set fonh in Article 11 are completed. This Agreement may be sooner terminated in accordance with the provisions hereof. ! ARTICLE 1V INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE V COMPENSATION A. BILLING AND PAYMENT, For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the • cost estimate dets it at an hourly rate shown in Exhibit "A" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed Thirty-Five Thousand Two Hundred Dollars ($35,200.10). Partial payments to the CONSULTANT will be made on the basis of detailed • monthly statements rendered to and approved by the OWNER through its City O • Manager or his designee; however, under no circumstances shall any monthly y statement for services exceed the value of the work performed at the time a statement is rendered. I G f 32x10 o .,ax1a 0 rI Nothing co nained in this Article shall reeuuc the OWNER to pay for a1y work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement 3 above the maximum not to exceed fee as stated, wimlm-tt first having obtained written autho6zation from the OWNER i B. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after re eipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (600) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (11/6) set forth herein if the OWN]LI reasonably determines that the work is unsatisfactory, in accordance with this Article V. "Compensation." ARTICLE VI D INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OP..1CERS9 AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, 5UT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. NO [RING IN 7 HIS AGREEMENT SHALL BE CONSTRUED TO CREATE A LIABILITY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGREEMENT, AND NOTHING HEREIN SHALL WAIVE ANY OF THE PARTIES; DEFENSES, BOTH AT LAW OR EQUITY, TO ANY CLAIM, CAUSE OF ACTION, OR LITIGATION FILED BY ANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL ININWNITY, WHICH DEFENSES ARE HEREBY EXPRESSLY RESERVED. C B s I 7 32 0 I~ i i ARTICLE VII ARBITRATION AND ALTERNATE IIISPCTE RESOLUT10 The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE VIII TERMINATION OF AGRREMFNT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party, B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fh1511 its obligations under this Agreement. No such termination will be effective unless the other party is given: (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less thaw thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to tertnination. C. If the Agreement is terminated prior to completion of the services to be provided ` uereunder, CONSULTANT shall immediately cease all services and shall render a inal bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination :acurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall tum over all documents prepared or famished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 0 Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, tgents, 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 CONSULTANT, its . employees, subcontractors, agents, and consultants. O / f 8 10 32,X r.. A s~ 0 ARTICLE X i NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective putties by depositing same in the United States mail to the address shown below, certified mail, return receipt req,rested, unless li otherwise specified herein. Mailed notices rhall be deemed communicated u of three (3) days' mailing: To CONSULTANT: To OWNER: Castlemark Consulting, Inc. City of Denton 8200 Brookriver Dr. Kathy DuBose Suite N508 Assistant City Manager, Finance Lock Box 108 215 East McK,*nney Dallas, Texas 75247 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE ENTIRE AGREEMENT This Agreement, consisting of eight (8) pages and one (1) exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, sod supersedes all prior contemporaneous often, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE M w SEVERABILiTY ti If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to • expressing the intention of the stricken provision. ARTICLE X11 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, Pnd local laws, rules, • regulations, and ordinances applicable to the work covered hereunder as they may now read O • or hereinafter be amended. I 9 p 32 X e 0 ABnCLF Xu DISCRIMINA7?ON PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIV PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of; or have any contractual relations with 1 the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of intemst that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be gush'Sed, and shall be , authorized and permitted under state and local laws to perform such services. ARTICLE XV ASSIGNABILIT % The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) ,rithout the prior written consent of the OWNER ARTICLE XVI MODIFICATION No waiver or modifcaiton of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or mod:9,mdon shall be offered or received in evidence in any proceeding arising between the patties htreto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, L,%d unless such waiver or modification is in writing and duly executed; and the parties limL-r agree that the provisions of this section will not be waived unless as set forth herein. • ARTICLE XVH MISCELLANEOUS A. The following exhibits at attached to and made a part of this Agreement: Exhibit A - Cost Estimates. • B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) yeah Q • after the final payment under this Agreement, have access to and the right to nine L any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that 10 s 32 x I❑ $1 a. i. j. ~ n r3 0 l i OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT masonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key person who will perform most of the work hereunder shall be Gary Coggim. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of his firm to perform the services required herein. x. E, CONSULTANT shall commence, card .a, and compleie any and all projects with all applicable dispatch, is a sound, economical, and efficient manner and in accordance R with the provisions hereof. In accomplishing the projects, CONSULTANT shall take C rich steps as are appropriate to ensure that the work involved is properly coordinator. with n:-lmd work being carried by the OWNER. i ? F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make H all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITTS' S HEREOF, the City of Denton. Texas has caused this Agreement to be e ecuted by it . Jy authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on This the day of 19 CM OF DENTON, TEXAS ; • ; TED BENAVIDES, CITY MANAGER 4 ATTEST: { JENNIFER WALTERS, CITY SECRETARY BY: r x ~d 32x~❑ d ~ ~ 'err a~• NUNN= A . MwKip ~y . . 4 1 I! .P 1 M APPROVED AS TO LEGAL FORM: HERBERT L. PROM. CITY ATTORNEY i t f n B ; N M YUSLM HOLD Rte- CASnMdARK CONSULTING INC. WITNESS: t.. BY: s ' t a !f Al , .Vpy ~ J Y'✓ 1 t f jl~ 1 t s', 4 s ~ 12 1.0 34 ~ n o Fat.. 1 X I a ! I ♦ x 1 a ~ ~ y~ I arl'11d ~ - w • G.w 1. 1 s I 4 ~I .'1 . e ~ j .r. .r~ ..r. ~..r.... + ~u...rrrw w.r~~rwn..,w w...+r. r.,. ~ ~ •_I A%%rACMCM 1 3 EXMIT °A" = COST ESTIMATES r r' consulted Rate $55.00 640 $35,200 f I r. 4 I J } r 1 rl ! yr r: r E~ 1 1 M' J ~ f 1 "-R r• I j • F J f I 1 i~ ~ f ~3c J~.: r r x 13 ~ yyyT rv x ♦ w 1 l H i'wl RA~1 f l X ztiem O aXVco y) 2 Agenda No _L AGENDA INFORMATION SHEET Agenda Item Date_ AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.8232 ACM: Kathy OuBose, 349-8228 KP d~ SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE. OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE AUTOMATED CONTROL CAPABILITIES OF THE ELECTRIC SYSTEM SCADA FOR IMPROVED ELECTRIC LOAD MANAGEMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE :r BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 85607 - ADVANCEDCONTROL SYSTEM IN THE AMOUNT OF $174,665,00). BACKGROUND The existing HPN17000 series Supervisory Control and Data Acquisition (SCADA) system From Advanced Control Systems (ACS) was purchased in 1985. Thoughout the intervening years, sexual upgrades have been done to allow for enhanced features and p expanded data handling capabilities. During these years, the distribution system continued to expand and new substations have been added to support the growing load. s With the load growth, the existing SCADA system has reached its capacity. Ovrr the ' past year and a half. City staff has been ucrktng on a pilot project to look into upgrading the system to run the new PRISM SCADA EMS software from ACS. The original pilot, begun in late 1996, covered the Jim Christal substation area and tested the feasibility of distribution automation, interfaces to the newer intelligent meters, links to GIS and other needs not possible with the current system. This second phase, which expands on the initial pilot program, adds a single D210 Hewlett Packard senor to run the PRISM SCADA EMS software from ACS. This server will be paralleled with the existing IIPNI7000 system currently in place. This will allow " a period of transition for operator training, data restructure, etc prior to the 1 decommissioning of the IIPN17000 system, The second phase will accomplish the r fo110%king: t • Bring a single master station on-line. • I c Uvo pilot workstations back to the master for operator consoles. • I nabic PC X window emulation through the City wide LAN. • 1 ie SC'AUA directly into the City wide LAN for access to GIS and data , downloads. It, • Nlove existing SCADA softw are to the new master. • Comert the 5!'ADA database on the old system and move it to the new t master, 1 r 25 xI0 32x10 • 0 w AGENDA INFORMATION SHEET JUNE 16, 1998 PAGE 2 OF 3 BACKGROUND (CON'T): Subsequent phases will add a redundant master station, enable ICCP communications protocol to allow communication to other entities, allow further expansion of automation and enable short term load forecasting, ESTIMATED SCHEDULE OF PROJECT Equipment Delivery and Setup: 120 days from receipt to order. City staff customization, training, etc: 6 months PRIOR A .TION IREYIE W (Council Boards, Commissionsl j This update of the Electric Utility SCADA system was reviewed by the Public Utility Board on March 15, 1998 and they recommend approval for award. FISCAL INFORMATION Funds for this project are available from Electric Utility 1997198 budget funds for capital systems improvements, account # 610-106.1061-3970-9217, PURCHASE ORDER INFORMATION Purchase Order #85607 is for upgrade to the current SCADA system. The original system and subsequent upgrades have come from Advanced Control Systems. The software and control design is protected by copyright and or patent and only available from that source. Chapters 252 of the Texas Local Government Code exempts single source purchases I from the bid process. This project cost consists of the hardware, software and services listed as, Total Systems Phase 11 at 5167,428,00 less item #1 listed under upgrade <$2743.00> plus item # 3 at 59,980.00, also listed under upgrade. 5167,428,00 Total for System Phase II 2,743.00> Deduct for Upgrade Item # 1 1 S 9.980.00 Plus Upgrade Item # 3 S 174,663.00 2 r' ~h 10 32x10 0 1'R~'~L!10 : i ?y w •I i y^ AGENDA INFORMATION SHEET JUNE £ 6, 1998 < PAGE 3OF3 i t. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 1. Attachment # 1: Purchase Order # 85607 Attachment #2: Quote # EC98Q-106 r{C( w ; 050 AGENDA nr 1, i i , War I. I ~I y1 . , J1 . il, ~1r k .A ' 'r. % r RAJ! rj x Q 32x~C~ gal B19rICW - i r, PURCHASE ORDER NO: 85607 THIS IS A XXX This n,r er mill appear st all CO[fIR ORDER nvwcas. delivery slips. csses, . I!f M AAAR ARI(!-6! clns. boxes: pwkrq slips "bills DO N01 KPLICATE .y Elea No. Baba 140. Orie: 05 28 98 page No 01 PURCMASIII'G O LSION 11 9001 B TEXAS STTRREEI TDENTOK TEXAS 76201-4354 VENDOR ADVANCED CONTROL SYSTEMS 9401349-7100 DOW METRO 8171267-0042 FAX 940/349-7302 ; NAME/ P 0 BOX 922548 DELIVERY CONFIRMATION ONLY C59 ADDRESS ADDRESS DISPATCH, UTILITY NORCROSS GA 30010-2548 901 A TEXAS STREET DENTON, TX 76201 JIM 0 BRIEN VENDOR NM ADY49000 DELIVERY OUOTEO 06 16 98 FOB DESTINATION BUYER TS TERMS y- 001 174665.00 VENDOR CAT. 1 N / A MFG MAXIE 1.000 174,665.00 CITY 0 9200 UPGRADE OF SCADA HARDWARE AND SOFTWARE INCLUDING (1) HP D210 SERVER, MAN RX 1170 PRINTER, UPS MODEM, CABINET, HPUX V10.2 BUSER, RDAC SCADA REV 4.0, CABLING INSTALLATION SETUP, (4) PC REFLECTIONS X AND PRISM LICENSES. 00 P 0E TOTAL s 174,665.e J a ' 610 106 1061 3970 9217 174,665.00 OR ND TOTAL 1 74,665. 3, Terms • Nel 30 ur....n..... r~*.n VENDOR INSTRUCTIONS. I. Send orwip! Inreke with dyldWs On. 4 Shipp" wriltwIrens 1.06 OestmNien p4prl ww .&..ne yn+.,t 2. 0111 is Accrwnts payable 6 Me Nall or sate Was sea k "twilled [II E T11cKwe~ it M pKtl 11014 uc e+9 wson t • o ADVANCED CONTROL SYSTEMS' r 2755 Northwood Parkway ~ Norcross, Georgia 30071 TeL: (770) 446-8854 Fax: (770) 44M957 Quotation Page I of$ To: Denton Municipal Utilities 215 E. McKinney St. Denton, TX 76201-4229 Attn: Ray Wells Ref.: Phased Requote Date: 03/11/98 ACS Quote No.EC98Q-106 F.O.H. ( ) Destination Norcross Terms, See Terms Below Ship Via: Best Way Customer Requested Date Invoice Sales Tax % As Reoutred ACS Estimated Shi Lr Date 90.120 Days ARO Invoke Shipping Charges Yes Item Qty Description Unit Price Total BARD W ARE I I Hewlett-Packard D210 Enterprise Server each equipped with: (1)100MHz PA-710OLC Proceswr (1)128MB Error Correcting RAM (1)2GB SCSI-2 Disk (1)2GB DDS DAT Drive (,)Quad Speed CD ROM Drive (;)High Speed RS-232 Serial, Consote, and UPS Ports (I)Fuallel Centronics Port (])Ethernet IEEE 802.3 LAN Ir terface 1 (1)16-Channel Serial MUX Ports 1 f (1)700196 Green Screen System Cinsole 2 1 EPSON RX-I 170 Printer including Serial • Interface _ j 3 1 Hewlett-Packard LaserJet 4 Plus Lnser Printer Including JatDirect LAN interface 4 1 UDS V,3229 9600 baud Diagnostic Modem 5 1 r'.abinet for housing computer equipment I s 32X 0 rswarr u 4 ADVANCED CONTROL SYSTEMS' 2755 Northwoods Parkway Norcross, Georgia 30071 Tel.: (770) 446-8854 Fax: (770) 448.0957 i Quotation Page 2 of 5 , Item Qty Description Unit Price Total I SOFTWARE 6 1 Lot i Hewlett-Packard Software License: HP-UX Release 10.2 8-User License LAN/9000 cith TCP/IP ARP,V9000 Network Services NFS79000 Network File Services X•windows Sfotwue V1 LS - System License HP Visual User Environment tVUE) 3.0 7 I Lot ASC Server Software Upgrade License Advanced REV 4.x RDAC SCADA Command Interpreter Historic Data Collection - With Spreadsheet Report Writer Full Graphics - System Full Graphics - Seat (2 Seats) Residential Load Management 8 1 Lot Manufacturing, Cabling, Staging and FAT E Labor 9 1 Lot On-site installation and start-up 10 1 Lot Project Management in Atlanta and On site, system set-up and support TOTAL SYSTEM PHASE 11 COST $167,428 r HARDWARE 1 i Hewlett-Packard D210 Enterprise Servers eaoh equi, ped with: (I)100MHzPA-71001-C Processor (01 28MB Error Correcting RAM (1)2GB SCSI-2 Disk O (I )2GB DDS DAT Drive (I )Quad Speed CD ROM Drive (I )High Speed RS432 Serial, Console, and UPS Ports 6 0 i r - %YAM 0 ,aa~►d ADVAiVCED CQNTROL SYSTEMS' 2-55 Northwoods Parkway Norcross, Georgia 3DO71 Tel.; (770) 448-8854 Fax:(770)448-V957 Quotation Page 3 of 5 Item Qty Description Unit Price Total I (I )ParalTel Centronics Port i (1)Ethe,net IEEE 802.3 LAN Interface (1)16-Channel Serial MIX Ports M700,96 Green Screen System Console 2 2 EPSON RX•1170 Printer including Serial Interface 3 4 Hewlett-Packard 10110 MB LAN Bridges with Fiber Optic Interfaces for Engineering and Substation Remote Terminals 4 3 Hewlett-Packard ENVIZEX'p' Series X Stations equipped with: (I)IOMBRAM (1)14" High Resolution Color Monitor ' (1280 x 1024) (I)PC Style Enhanced Keyboard (1)3-Button Mouse 5 ' ACS Front End Processor equipped with: (I )Power Supply (I)Microprocessor (2)Pmgmmmable Serial Interface with 2. Communication Channels etch 6 1 ACS Peripheral Switch equipped with: (3)Switch Cards with 4-Relays each SOFTWARE • 7 1 Lot Hewlett-Packard Software License: HP-UX Release 10,2 8-User License LAN/9000 cith TCP/IP 1 ARPA/9000 Network Services NFS19000 Network File Services • • u X•windows Sfotware V 11.5 - System License y HP Visual User Ensironment (VUE) 3.0 7 ICJ 32 X aauaw - 0 .r-aaa~r►a AOVA,'NCEO CONTROL SYSTEMS' 2755 Northveoods Parkway Norcross, Georgia 30071 Tel.: (770) 446-8854 Fax: (770) 448-0957 Quotation Page 4 of 5 I Item Qty Description Unit Price Total 8 1 Lot Manufacturing, Cabling, Stagirg and FAT Labor 9 1 Lot On-site installation and start-up 10 1 Lot Project Management in Atlanta and On site, system set-up and support TOTAL SYSTEM PHASE III COFT S1841803 OPTIONAL SOFTWARE _ (To be added to either Phase lI or Phase 111) I I Relational Database Management System 514,000 (RDBMS) (ORACLE Developer 2,000) UPGRADZ I I Delete Hewlett-Packard LaserJet 4 Plus Laser <S2,743> d Printer including JetDirect LAN interface 2 I Add Power Factor Control y Delete Residential Load Management NIC 3 4 Add PC Reflections X packages do PRISM $2,495 $9,980 licenses for Denton supplied PCs 4 2 Upgrade to D220, from D210 $8,507 517,014 (No charge if purchased within 60 days) 5 1 Add Similar Day Load Forecast 512,001. 6 1 Add Short Term Load Forecasting (Auto- 118,000 regressive AND Similar Day combined) 7 1 Add DMS Three Phased Unbalanced Load Flow 564.000 8 1 Build Database & Display, 14 Stations 123,000 9 1 Add Gateway to interface to existing MPR- $5,795 7010A with ACS 3000 protocol, 3 Bassler Relays using DNP 3.0, existing HPM-7000 Master utilizing ACS 3000 protocol and New . Prism Master utilizing ACS 7000 protocol i I e 32- X • ato.. ~ , I AillOWCED NTRO L SYSTEMS$ 2755 Northwoods Parkway Norcross, Georgia 30071 Tel.: (770) 446-6$54 Fax; (770) 448V957 Quotation Page $ of $ , Item Qty Description Unit Price Total Payment i'erms k ACS respectfully requests that the following payment schedule be considered as one found to be mutually acceptable with its customers for the type of products and services be in g ; proposed: 20% Due at time cforder 35% Due upon receipt of master station equipment at ACS facility 35% Due upon successful completion of the Factory Acceptance Test 1G% Due upon acceptance or within 90 days of shipment providing that any delay in acceptance is not the fault of ACS The above quotation Is valid for ninety (90) days. All prices are based on system purchase. AH purchase orders should be mailed to rntract administrator at the above address. This notation contains proprietary Information. BY _Title: EMS Business Unit Manager ♦ t i ~ F pp; 2.5 10 e • • o , ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE EXPENDITUREOF FUNDS FOR PURCHASES OF , MATERIALS OR EQUIPMENT TO UPGRADE AUTOMATED CONTROL CAPABILITIES OF THE ELECTRIC SYSTEM SCADA FOR IMPROVED ELECTRIC LOAD MANAGEMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE w?TH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PURCHASE ORDER N 85607 - ADVANCED CONTROL SYSTEM IN THE AMOUNT OF $174,665.00). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret pre ;vscsornatural monopolies;films,manuscriptsor books; electricity, gas, water and other utility pt. bases; captive replacementpans or components for quipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the i raterials; and not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, I HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT 10 . That the following purchases of materials, equipment of supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: I URCHASE OROLR NLAIBF,R VEN R AMOUNT 921607 ADVANCED CONTROL SYSTEM S174,665.00 SECT ION I1, That the acceptance and approval of the above items shall not constitute a contract 1 between the City and the person submitt,ng the quotation for such items until such person shall comply with all requirements specified by the Purchasing Depanment, SLCIJON 111. T hat the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I ar3 ftir expenditure of funds pursuant ru said contracts is hereby authorized. II 10 1 a.- ♦ 1 0 PI 1 :4- 1 r I ♦ ' 1 1 SECTION IV. That this ordinance shall become effective immediately upon its passage and ' approval. PASSED AND APPROVED this the day of .1998 j r JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY y t 81607-SOI-L SOURCE ` r s ~Y i ~Yx~ I F' ,J b iR 10 ,;t ~L 32X I Agenda Na. ApenOa ~:^~L _ E~E Dale~O " f - AGENDA INFORMATION SHEET r AGENDA DATE: June 16, 1998 Questions concerning this i acquisition may be directed DEPARTMENT: Finance - Purchasing to Ross Chadwick 349-8101 ACM: Kathy DuBose, 349.8228V U-BJE ;T AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PLMCHASE OF TWO (2) PUMPER FIRE TRUCK APPARATUS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID k 2190 - PUMPER FIRE TRUCK / APPARATUS AWARDED TO FIRE STORM FIRE APPARATUS AND EQUIPMENT / KME FIRE APPARATUS TN THE AMOUNT OF S551,976.000). BACKGROUND Tabulation Sheet ESTIMATED SCHEDUI E OF PROJECT The quoted delivery schedule for thew two units is 200 -240 days after receipt of order or approximately March 1, 1999. PRIOR ACTIONIREVIEW (Council. Boards. Commhsloasl These two prmpei type fire trucks made up a portion of the Motor Pool replacement package presented to Council during the 1997198 Fiscal Year Budget preparatlon. The Fire Department'. Apparatus Committee has thoroughly reviewed all bids received f and concur with our recommendation for award. FISCAL INFORMATION Funds are available for the acquisition of these two units in 19971'98 Budget. I` 1 b v'f f I 25 32X 111 e ~ swot . 1 i ¢sasm r AGENDA INFORMATION SHEET JUNE 16,1998' PAGE 2 OF 2 BID INFORMATION This bid is for the purchase of two (2) 1,500-gallon per minute pumper fire trucks. These units are motor pool replacements for two existing simular purpose units purchased in 1988 that will be moved to reserve status and two reserve trucks, s 1970 and 1977 model will be sold at Auction or sealed bid. I We recommend award be made to the lowest bidder, Fire Storm Fire Apparatus and Enlaipment / KME Fire Apparatus in the price of $275,988.00 each for a total bid award `I of $551,976.00. Ruspectfully submitted: Name, Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 1 I f Attachment q1: Tabulation Sheet f E 1 I ~ I 17 j II +f I\ ~ r f I , Vill r: 1 4 I Irt 1 \ f ll 9 2 1 I I,1 k ~ 10 ' t3 1 1 t a , r ATTACHMENT#1 TABULATIC,i SHEET BID N 2190 _A f FIRE STORM FIRE EMERGENCY SUTPXEN PIERCH MFG BID NAME PUMPER TRUCK FIRE TRUCK APPARATUS AND EQUIP! ONE CORP APPARATUS KEM FIRE APPARATUS INC DATE 21• AI t QTY VENDOR vvd" 1 2 EACH PUMPER FIRE TRUCK 6275,999,00 1219,029.00 3254,341.00 8226A99.00 APPARATUS EACH EACH EACH EACH t a TOTAL 6551,974.00 6026,010.00 6109,91112.00 6959,996,00 DELIVERY 200.240 DAYS 20D DAYS 210424 DAYS 240-M DAYS I . I Y ` I i l( fY 1 , I y I ~:v 111.%~ ' 1 1 3~xio 0 J i ORDINANCE NO. - I AN ORDINANCE, ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO (2) PUMPER FIRE TRUCK APPARATUS: PROVIDING FOR THE i EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # i 2190 - PUMPER FIRE TRUCK APPARATUS AWARDED TO FIRE STORM FIRE APPARATUS AND EQUIPMENT / KME FIRE APPARATUS IN THE AMOUNT OF 5551,976.000). WHEREAS, the Civ has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the !owest responsiblebids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION I, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM Ltl HUR -WL VENDOR AMOUNT ! 2190 ALL FIRE STORM FIRE APPARATUS $551,976.00 AND EQUIPMENT/"IE FIRE APPARATUS SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, qm ntities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documc rats. 51~U14&M, That the City Manager or his designated representative is hereby authorized O t! to execute a written contract in a form substantially the same as the one attached hereto; provided p that the written contract is in accordance with the terms, ccnditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted 4 ~h ~[a 32x O 0 'a11Wk q SECTION [V. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of fields therefor in the amount and in accordanr. a with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein- ' SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1498. PACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: r , APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CffY ATTORNEY BY: 2190•SUPPLY, ORDNANCE. 10 32Xid s o i i Apends No,_., Hporida;lem---~ AGENDA INFORMATION SHEET Date IA AGENDA DATE: June 16,1997 Questions concerning this acquisition maybe directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.8232 ACM: Kathy DuBose, 349-8228, SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHAEa OF A PRIMARY METER SET ENCLOSURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN C.FFECTIVE DATE. (BID # 2212 - PRIMARY METER ENCLOSURE AWARDED TO CUMMINS UTILITY SUPPLY IN THE AMOUNT OF $20,325.00). Ik BACKGROUND On May 6, 1998, the purchasing department went out for bid on a primary meter set enclosure to be used to meter elec'Ac consumption at United Copper. Four supply companies responded to the bid. Cummins Utility Supply not only met the specifications but was also the lowest bidder of those who responded. This metcriug set enclosure is one that has to be capable of measuring consumption from tovo separate substation feeders and combining that consumption into one read on the meter. This is a specialty item for underground construction that includes isolation switches for the protection of personnel during maintenance and for the possibility of backfeeding our system, The Public Utility Board approved this item at their June 2n° meeting. In order to meet the construction schedule of United Copper, this item needs to bye considered at the June 161h City Council meeting. f ESTIMATED SCHEDULE OF PROJECT i I Quoted delivery is 12 weeks after receipt of an order or approximately September 10, 1998. 4* i Y p1210R ACTION/REVIE3V fCouncIL Boards. Commissigny] I 0 • This project was approved by the Public Utility Board on lone 2, 1998 and was recommended for award. i t~ p?. 2) x 32 10 •I r I 9gdWY v . ' 0 , p 1 ~ 1 .A 4 . i ..a v .....inn i M. ..✓WHN'IM'~AiV yl'f'!'..'M'SMiYENMM1Ap+{./fWAMI-IW •M1f.A✓rW.r A•n✓Y tA✓J~nr. ~ .~L. , { t AGENDA INFORMATION SHEET Jl NE 16, 1998 PAGE 2 OF 2 FISCAL The purchase will be funded through the 1998 CIP Project "Meters and Associated Equipment", account N 610✓134-1034.3700.9204•C837003A. l BID INFORMATION This bid is for the purchase of a primary meter set enclosure for the purpose of metering consumption of electricity usage at United Copper of Denton. The set includes a special constructed meter enclosure with a primary meter set with 2 sets of PT/CT's and 2 sets of isolation switches. We recommend award to the lowest bidder, Cummins Supply, in the amount of $20,315.00, I -speclfully submitted: Name: Tom Shaw, C,P.M., 349-7100 ; Title: Purchasing Agent y j Attachment qL Tabulation Sheet 1043.AUNDA k ~rl ~ I r'; r rr t I I J 2 r d1 A \ r 25 X,V r,d `f il,~yyl, 2X I0 .-AMU U. ` ~ K K r ti i f i w e ATTACHMENT#I l TABULATION SHEET Blot 2212 BID NAM! PRIMARY METER ENCLOSURE CUMMINS PRIESTER NAESCO UTILITY j SALES . r DATE QTY DEC 2d". AI R VENDOR Vol" ~ i 1 EACH SPECIAL CONSTRUCTED PRIMARY METER SET WITH 2 SETS OF PT1CT'S AND $20,325.00 520,401.00 $21.000,00 06,311.00 2 SETS OF ISOLATION SNATCHES EACH EACH EACH EACH f t MANUFACTURER: SHALLSETH SHALLSETH SHALLSETH ELLIOTT MODEL t: SPECIAL SPEC" SPECIAL EM DELIVERY A.R.O.: 12 WKS low" 12 w" 10.12 WKS i ~ I I w• I { r f E 'V 4' 1 1 n:L r V . I • t l ' y ~ ~M, A' ~ 1~ I ~ 14 ~ ~ If dt~'. 19,F¢ ~I 1 l Ie 3 1d f 7 1'. i v j '14 IIII& IRA ~A r 0 awns ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A PRIMARY METER SET ENCLOSURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID ri 2212 - PRIMARY METER ENCLOSURE AWARDED TO CUMMINS UTILITY SUPPLY IN THE AMOUNT OF 520,325,00), WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and •'_'ity ordinances; and WHEREAS, the City Manager or a designated empijyee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmm supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, D equipment, supplies, or services, shown in the "Sid Proposals" attached hereto, are hereby accepted and approved ^s being the lowest responsible bids for such items: BID ITEM pUMBEg 19- YMM AMOUNT 2212 ALL Cummlas Utility Supply $20,325.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, 0 specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That the City Manager or his designated representative is hereby authorized to execute a written contract in a form substantially the same as the one attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, stmdards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. I i 4 li ;~~~10 32xIO l Ivor" f 1 SECTION IV, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein., , SECTION Vr That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of . 1998. JACK MILLER, MAYOR t I i , ATTEST: JENNIFER WALTERS, CITY SECRETARY f BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2212."PLY, ORDINANCE. ~ i I r p i 1 1 I l {j~ r 1 I ti 1 1 Y :'4y r~ I +a I r ~'kk~ ~1~n gal-~l• .:5~;. 25 .x ' e l I, i4l~ 32X 10 10 O fin*~ Aghnda No Apenda Ite Date__~~1_=:1.1'1..---• AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Ray Wells 349-7108 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELFCTRIC SUBSTATION STEEL, SWITCHES AND BUSS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2214 ARCO SUBSTATION PHASE Il STEEL, SWITCHES AND BUSS IN THE AMOUNT OF 573,785,00 AWARDED TO DIS-TRAN CORPORATION). BACKGROUND We have evaluated Bid # 2214 titled Arco Substation Phase Il Steel, Switches and Bus Package and have made recommendation to award this bid to Dis-Trap, Inc. as the low bid meeting specifications. This was a very straightforward bid request and we had four (4) different vendors respond, all with very good quotes. The bid amount is $73,785,00 and this project is required to provide service to the new United Copper facility. This will 1 most likely be the last required bid item associated with this project known as Arco Substation Phase It. , ESTIMATED SCHEDULE OF PROJECT The quoted delivery is 18 weeks afler receipt of an order or approximately October 15,1998. PRIOR ACTION/REVIEW (Council. Boards. Commissions) The bid opening and accompanying documentation were not available in time to be included for official consideration and approval by the Public Utility Board at the June l" i meeting. Staff reported the bid results to the Board at the last meeting and discussed the e need to take the bid to the City Council at the next meeting, With no PUB meeting on 0 June 151" and the City Council scheduled break, the June 160 City Council meeting will ,LV be the last opportunity to award the bid in time to accommodate the customer's project schedule. t 32 X I ❑ ion t , o , . !'iv..1A.Yil"h.,~n'V tii.,M„,f•:YIM1L'Y ♦'n'vn L...., 1rll 1~ AGENDA INFORMATION SHEET I JUNE 16, 1M PAGE 2 OF 2 FISCAL INFORMATION 1 This purchase will be made from 1998 Capital Improvement Project Bond Funds for the expansion of the Arco Street Substation, Account 0 612.131-1032.2530-9217- CARC201A, BID INFORMATM t This bid is for the purchase of substation switches, steel structure and buss, which consists of: s itches • l S & C Series 1000 Circuit - Switches • l outdoor vertical - breaker disconnect switch motor operated mechanism • Switch insulators -station post type and suspension type • Spade type switch terminals Steel Structures • Substation structure designed to accommodate specific electrical substation equipment conforming to strict bolt together assembly guidelines • Structures shall be shipped assembled where shipping conditions permit s Steel materials shall be hot dipped galvanized Buss a Rigid bus to be aluminum alloy tubing • Jumpers to be flexible aluminum with compression type fittings We are recommending award to the lowest bidder, Dis-Tran Corporation, in the amount i • of $73,785,00. s Respectfully submitted, r 1 • Name: Tom Shaw, C,P.M„ 349.7100 • f Title: Purchasing Agent Attachment qt; Tabulation Sheet 102 MANDA i_ 2 c,'D C t ta .t 25 ' 10 32X D 4 I i 1 1 ~ n~ • , I , l Ir t 1 •'1 l 5 r: 0 f' e y i r.Y.u.:W yna ,w r...... ..•r,....n w... r•~.~.... a, ~ i r I li ATTACHMENT 01 , TABULATION SHEET f c ~ I BID 0 2111 i SID NAME ELECTRIC SUBSTATION STEEL, SWITCHES, CLARK 013•TRAN KEASLER ASSOC AND BUS PACKAGE CORP MO HENRY SUDSY CO ENO i DATE ?!.M p , I' I r , r 1 EACH TOTAL BID AWARD $71,80.00 $72,765,00 $64,160.00 07,666.00 . 7i. J ADOENDUMII YES YES YES YES V j DELIVERY 16.11 WKS 11 WEEKS 1618 WKS 16 WEEKS li i it j 1Y 3 , r 32 10 .1 O ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL, SWITCHES AND BUSS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 4 2214 ARCO SUBSTATION PHASE B STEEL, SWITCHES AND BUSS IN THE AMOUNT OF 573,785.00 AWARDED TO DIS•TRAN CORPORATION). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and I WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds a to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: i BID ITEM NUMBE$ -W L yENDO AMOUNT 2214 ALL DIS•TRAN CORPORATION S73,785.00 • SECTION 11. That by the acceptance and approval of the above numbered items of the subntit.ed bids, the City accepts the offer of the persons submitting the bids for such items and i agrees to purchase the materials, equipment, supplies or services In accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, 1 i 4 i 32 X I O h 0 ura.ar i SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, an3 awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditum of funds therefor in the amount and in accordance with the approved bids or pursuant to a wri tten contract made pursuant thereto as authorized herein. SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1998. i 14CK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY j 11 I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: 2214-SUPPLY. ORDINANC E. ARM 95 x ~Q 32X10 I s 0 MWIM .__9~~D~3 _ AGENDA INFORMATION SHEET agenda t.3 Agenda He/m~ AGENDA DATE: June 16, 1999 nate4~1 - DEPARTMENT: City Manager's Office CMIDCM/ACM: Rick Svehla, Deputy City Manager SUBJECT - An ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with Dieter Schwarz, Terra'Bain, Inc., and NR. & RJ Properties, L.P., relating to purchase of property in Lakeview Ranch for a sewer lift station and street right-of-way and the construction of certain public improvements; authorizing the expenditure of funds therefor; and providing an effective date, BACKGROUND- The staff and the developers of Lakeview Rarech (formerly Rancho Del Lago) have been working for approximately one year on developing a contract. This agreement would allow the city to buy a lot for joint use between Parks and Wastewater utilities, The land would be used for a lift station and access to the lake and the Corps land along Cooper Creek. 11 would also allow the city to buy 20 feet of right-of-way along Lakeview Boulevard as the development develops. It also requires the developer to build Lakeview Boulevard all the way to U.S. 360 across privately held land to the north. It requires the developer to use our electric power and it provides for future purchases of right- of-way. The agreement wili also provide for payment of oversizing and a method for making that payrnent. Council may recall that it approved a recommendation. from the Oversight Committee for acquiring the right-of•way as well as acquisition of this lot for the lift station and park access at prior meetings. ESTIMATED SCHEDULE OF PROJE. - 1 he project is already been platted. We would assume that construction would start within the next sixty to ninety days. PRIOR ACTIONMEVIEN Council approved recommendations from the Oversight Committee for right-of-way acquisition and j the lift station and park lot, i FISCAL INFORMAM,y- + ` Funding for this agreement will come from utility funds for oversizing and from miscellaneous street bonds for the right-of-way. 0 • f "o'ie~li ~~j K A ire I 32X10 ~ t t 1 a ~y v ~ 1 iP f RXHIRITS- Agreement and ordinance. Respectfully submitted: r~ AcSvehla Deputy City Manager t r- 4 ~ r Y, r~ L ~'N N ~ ) Mfr ~ ~i1J % I 1 ~,l q rr. r T t~.lf1P Z y C i~'32X d; 0 ~m ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MAN/.GER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH DIETER SCHWARZ, TERRAIBAIN, INC., AND NR & RJ PROPERTIES, L.P., RELATING TO PURCHASE OF PROPERTY IN LAKE' EW RANCH FOR A SEWER LIFT STATION AND STREET RIGHT-GF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DFNTON HEREBY ORDAINS i, SECTION I. That the City Manager is hereby authorized to execute an Agreement on , behalf of the City of Denton with Dieter Schwarz, Terra/Bain, Inc and NR & RI Properties, L.P., substantially in the form of the attached Agreement which is incorporated herein for all purposes, relating to the purchase of property in Lakeview Ranch for a sewer lift station and I street right-of-way, and the construction of water and sewer improvements and certain related improvements, Scr1u~L That the City Manager is authorized to make the expenditure of funds as provided in the attached Agreement SBCMNII That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998 i JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY r i ! s B Y. r APPROVED AS TO LEGAL FOIL\1 0 HERBERT L. PROUTY, CITY ATTORNEY 7 r BY: I INMMIf iY llu,nw~f7in~Ml ~rvw „T!'rM(wl I- a Vii. 2 x CI 32 x❑ 'ili.LN NI{Ibdlgl lllLL~i,~.~'omr.,Wlin.nrn.nM I i AGREEMENT ` AGREEMENT dated 1448 between the City of Denton ("City") and Terra/Bain, Inc, a Texas corporation ("Manager"), entered into with the consent of NR & Rl Properties, L P. ("Agent" for Dieter Schwarz), I W ETNESSETHt WHEREAS, Dieter Schwarz ("Owner') is the owner of certain land in Denton County, Texas, which is being developed ("Project") into residential lots of at least one acre and related amenities (to be known as LAKEVIEW RANCH), and WHEREAS, Manager has been engaged by Agent, acting on behalf of Owner, to develop and market the Project, and WHEREAS, the Project will benefit the City, and the City and Manager have reached certain agreements regarding assistance the City will provide in connection with development of the Project, NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows, I. The City and Manager shall enter a written participation agreement for the oversizing of the Project's water and sewer mains larger than 10 inches in diameter. The agreement shall follow the firm typically used by the City, 2, 1 he City and Manager shall enter a written pro rata agreement for the collection of charges paid by persons connecting to or making use of such facility to serve their property in accordance with the provisions of the agreement, The agreement shall follow the form typically used by the City. I 3. The City will make monthly, payments for its share of the oversize facilities Stanager shall submit monthly pay requests on forms provided by the City Manager's L'.ngincer shall verify that the pay request is correct The request, along with the i Engineers verification, will be submitted to the Engineering R Transportation Department The City will retain 101,6 of the total dollar a.nount until the Project is c i °i accepted r 4 The Owner or his authorized Agent shall dedicate a sixty (60') feet wide ("Spine Road") right•of-way through the entire Project. 1 he Spine Road alignment shall extend across the "adjacent" property, north from the Project and connect to US" 380 as I illustrated on Exhibit "A". The Slanager shall negotiate an eighty (80') feet wide right- of-way across the adjacent property and cause to be dedicated ton the dedication document form provided by City) said right-of-way free and clear of any and all liens, ---t~,5 10 32. In • o ' a~ debts, taxes or other encumbrances effecting title of the tract being dedicated. The Spine Road alignment through the Project is illustrated on plat attached as Exhibit "B", The Spine Road alignment may be altered upon the mutual consent of the City and Manager, such consent for the Spine Road to be altered shall not be unreasonably withheld. An additional twenty (20') feet wide strip of land is to be reserved as right-of-way The additional twenty (20') feet right-of-way reserve shall lie east of and adjacent to the Spine Road right-of-way within the limits of the overall Project In the event of Spine Road alignment alteration, the right-of-way reserve shall be altered to match the new Spine Road alignment accordingly. 5. The survey for the rights-of-way shall be prepared by a duly licensed Texas Land Surveyor and at the direction and cost of the Owner, his Agents or Managers. Specific Field Note Descriptions shall be prepared by said surveyor and reviewed by all parties prior to closing 6. Th,; City and Manager shall enter a Real Estate contract, (attached as Exhibit "C") I within ten (10) days from the date the approved plat of the first phase is filed for record with the Denton County Clerks 0111ce. The contract will be for the City to purchase Lot 67, Block 9, per preliminary plat referenced in paragraph 7 below and the right-of--way reserve within the Project, The purchase price for said Lot 67 shall be $30,000.00. The purchase price for the right-oFway resene shall be $10 per lineal foot. This price shall be for the phases being final platted now, as well as for all future phases until the entire Project is complete. This amount shall be fixed and deemed as adequate consideration in the event of Spine Road realignment. Intially the City will purchase _ lineal foot of right-of-way reserve It shall begin at the north line of the Project and run south of Cooper Creek at Trinity Road The City shall deliver one fully executed copy of the contract to the title company of the City's choice. Upon the final platting of future phases, the manager or its assigns shall sell said twenty (20') feet right-of-way reserve to the City of Denton for each phase prior to final acceptance of public improvement for that phase 7 1 he City agrees to constuct a lift station on Lot 67, Block 9. The lift station will have suflicient capacity to serve all of the Lakeview Ranch Development (Rancho del Lago) as it was laid out in the preliminary plat approved April 23, 1997. B 1 he Owner and Manager hereby agree to fully remove and dispose of the existing bridge and drainage structure that lies within that section of Trinity Road within the boundaries of said Lot 67, Block 9 The timing of this removal and disposal shall coincide with the future development phase south of and adjacent to Lot 67, Block 9 and the related abandonment and closure of Trinity Road, f 0 9 The Owner and Manager hereby agree that the City of Denton Electric Utilities shall be the sole provider of electric service within the boundaries of the Project. i .I I Page 2 of 5 r r, 2.~ x ~Cl 32x0❑ i li _ µ i 0 YJa .t ) i` 1 1 i 10. This agreement may not be assigned without the express written consent of Owner and City 11. This agreement shall be construed under and in accordance with the lags of the State of Texas, and all obligations of the parties created hereunder are perform.'Ie in Denton County, Texas I 12 This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 13. This agreement shall be filed in the Dced of Records of Denton County and shalt y constitute a covenant running with the land i t r EXECUTED this _ day of 1998. CITY OF DENTON, TEXAS i TED 13ENAVIDESr CITY MANAGER ATTEST: JENNIFER WALTE.RS, CITY SECRETARY r APPROVED AS TO LEGAL FORM, HERBERT L PROUTY, CI FY ATTORNEY I OWNER r ~r u 7 ~ Y; I JJ DIETER SCUWARZ Page 3 of S r x I o~, ,~w 32, x i 0, y r r unonrl . 0 1 r i LLI 1 ~ w MANAGER AGENT TERRA/BA1N, INC NR & RJ PROPERTIES, L, R a , A TEXAS CORPORATION 1 ~ I. STATE OF TEXAS § COUNTY OF DENTON This instrument was as.<nowledged before me on the _ day of_ 19_, by Ted Benavides, City Manager of the City of Denton, a municipal corporation, on behalf of said corporation Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DENTON § 1 his instrument was acknowledged before me on the, day of__ 19____, by Dieter Schwarz. i Notary Public, State of Texas ; 4 • STATE OF 1 EXAS COUNTY OFDENTON § This instrument was acknowledged before me on the day of 19___by of Terra/Bain, Inc , a Texas Corporation Notary Public, State of Texas CI, to 1 , Page 4 of 5 25 X 10 32 X s kvyr4 RY S F s : 0 f , r : 1 • _a - aAYE~ff ~ ,r `I If + i I ~r STA'T'E OF TEXAS § COUNTY OF DENTON § This instrument was acknowledg(:d before me on the _ day of 19 by of NR Rc R) Propert ies, L.P. Notary Public, State of Texas I~ i i , 5 f 1 1 + ! 1 ~J : 1 `I I lYl I 1 ' f I. Page 5 of S - - - ,'J Ji'tt I b >,.1 , ;n .r ~32 X I II • 0 HIGHWAY..380.. U. S. \C% 1;, 'arp Hel r.• .r lad ta' iI j 't 1 ° `i• i j!ly~~ SCALES Ira100' • A~ll w i I RICHT Of MAT O C O I C A T I O N Tt.7400 Sq. Ft. I ~ 't 0 ~ R. Ora' yr• i !~~•r~~'r V I { JIM WGW 484, ?L40, s vo`y+ Q , ` N 1 ? V~A~ +Oi Nor 11.1110 q 14001 EXHIBIT 'A' 80' R. 0. W. DEDICATION , , LAKEVIEW BOULEVARD t•t.a R;o•r.r lITUAM IN TNl M. FORREST SURVEY, ASST. NO. 417 AIISTLIC~[Lfl'~R/JAME.SON CITY OF DENTON DENTON COUNTYr TEXAS. Folbruary 17. Ilfo z."r • 25KIO o r p s ;xwAtw 1 I ' us, 5SO o EXHIBIT 'B' f a r z r i BLAGG ROAD f Limits of Phase I Final Plol 120' ROW Reeerre E2 Separate Document) i 80' ROW Dedication 160' • 20' ROW Reee(ve Puranau) Lot 67, Block 9, Phase I MILLS ROAD Q Future Spine Rood 0 Wrlhin The limils ~ of the Project z e- I li Fy ! i Ji ;5 75 x ❑ 32 x l ❑ 0 I` EXHIBIT REAL ESTATE CONTRACT STATE OF TEXAS fi COUNTY OF DENTON § 1 THIS CONTRACT OF SALE is made by and between Victor Schwarz, Terra/Bain, Inc and NR R RJ Properties L P. (hereinafler referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"or "City"), upon the terms and conditions set forth herein PURCHASE AND SALE Seller hereby sells and agrees to coney, and Purchaser hereby purchases and agrees to pay for, the tract of land conta;6ng approximately _J acres of land situated in Denton County, Texas, in the sicinity of Lake%icw Ranch to be used for street rights-of-way and sewer lift station purposes, being more particularly described in Exhibit B attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including but not limited to any righl, title and interest of Seller in and to adjacent streets, alleys or rights-of-way, royalties and nuneral rights (all of such real property, rights, water rights or rights to water, and appurtenances being hereinafter referted to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the tenns, provisions, and conditions hereinafter set forth PURCHASE PRICE 1 AmounLof Purchase Price The purchase price for the Property shall be the sum of l hirty Thousand Dollars ($30,000) for Lot 67, Block 9 as reflected on prelirr inary plat approved April 23, 1997 and Ten Dollars (S 10) per lineal foot for 20 feet wide street rights-of-way in Lakeview Ranch herein purchased not within Lot 67, Block 9 and existing street rights-of-way being crossed 2 Payment_of Purchase Price. The amount of the Purchase Price shall be payable in cash f incrementally at closing as emisiuned in agreement between Purchaser and TerrarBain, Inc ; NR R RJ Properties, I. P ; and Dieter Schwarz adopted by City Ordinance on June 16, 1998 j PRI-A,MiNARY OBLIGATIONS OF THE PARTIES 0 , The obligations of Purchaser hereunder to consummate the transactions contemplated hereby ~7z are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing f r) 32XIO • 1 1 i NORM ' i I i I Preliminary Title Reoor3. Within twenty (20) days after the date hereof, Seller, at SELLER'S SOLE COST AND EXPENSE, shall have caused the Title Company (hereinafter defined) to issue a preliminary title report (the "Title Report") accompanied by copies of all recorded documents relating to casements, rights-of-way, etc, affecting the Property. Purchaser shall give Seller written notice on or before the expiration often (10) days after Purchaser receives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null etd void for all purposes and the Escrow Deposit, if any, shall be forthwith returned by the Title Company to Purchaser; otherwise, ~.r this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes, 2, urv . Conlemporaneoudy with Purchaser's delivery of an executed original of this J Agreement, Seller shall within twenty (20) days from the date hereof, at Seller's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser and Seller. The survey shall be staked on the ground, and shall show the p location of all improvements, highways, streets, roads, railroads, rsvers, creeks, or other water courses, fences, easements, and rights-ofway on or adjacent to the Property, if any, and shall contain the surveyors certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey, In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit, if any, shall be returned by the Title Company to Purchaser Purchasers failure to give Seller -14 this written notice shall be deemed to be Purchaser's acceptance of the survrey. 3 Seller's Compliance Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANT IES i Seiler hereby represents and warrants to Purchaser as follows, which representations and 0 ~i warranties shall be deemed made by Seller to Purchaser also as of the closing dale 1 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers PAGE2 vN1aX HHJ k,of b,1'd IV UIiInN4rImYn NhMnXeM Mn l'aaos" Ire 7r7 X 10 3X L.J 0 i 2 Except for the prior actions of Purchaser, there is no pending or threatened " condemnation, litigation or similar proceeding or assessment affecting the Properly, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any govertunental authority or other party f 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the ,r Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of Title Company, Denton, Texas, on or before or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS I Seller's Rea_ iu rem M At the closing Seller shall A, Deliver to Rirchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following General real estate taxes for the year of closing and subsequent years not yet due and payable, and 2 Any exceptions approved by Purchaser pursuant to urcha es rs q3 hereof, And 3 Any exceptions approved by Purchaser in writing fi Deliver to Purchaser at Seller's sole cost and expense a TEXAS OWNER'S 0 , TITLE POLICI' at SELLER'S SOLE EXPENSE, issued by _ e' Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to Iho!e title exceptions listed in dirty Ltgquir t here- of, such other exceptions as may be approved in writing by Purchaser, and the standard , PACE 3 .n I'll ~ i n i N,t IM I A i~ t4.M. n." ni w Le.o A"i bn N e 2.5 10 32,' Io 0 ~I printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be bome by Seller, and 2. The exception as to restrictive covenants shall be endorsed "None of Record", and 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable", and I 4. The exception as to liens encumbering the Property shall be endorsed "Nose of Record". C. Deliver to Purchaser possession of the Property on the day of closing D. Seller shall pay any rollback taxes attributable to the property and indemnifies and holds Purchaser ham4ess against the payment of such rollback taxes, if any, 2, Purchasgr's_Requirement~ Purchaser shall pay, the purchase price to Seller, incrementally at closings referenced on page I in immediately available funds, 3, ~Qngst3 Through the date of Closing, Seiler shall pay all taxes assessed by any tax jurisdiction through the date of Closing Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seiler. , All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COJIMISSION f i j Any real estate commissions occasioned by the consummation of this Agreement shall be the 1 sole responsibility of Seller, and Seiler agrees to indemnify and hold harmless Purchaser from any and is all claims for these convmussions BREACH BY SELLER • s s !n the event Seller shall fail to fwly and timely pcrform any of its obligations hereunder or shall fail to consummate the sate of the Property, ext ept Purchaser's default, Purchaser may either enforce ; specific performance of this Agreement or terminate this Agreement i PAGE 4 N 1. M1 1" tlJ Nef,y b" ~ M1~>"I M un.n IN' Mn M , a ,~atxv. 25 x ❑ 32X ❑ 0 i I BREACH BY PURCHASER In the event Purchaser should fail to c, nsummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURUIr4ER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of thk Agreement, or terminate this Agreement MISCELLANEOUS i i I A35i m n A2reem n This Agreement may not be assigned by Purchaser without the express written consent of Seller. ~ f 1 2 SjniyW_gLCMnanb Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 7. Jv'otiA Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, p<rstage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4 texas LAw1g Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas S panics _ nj This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitt:d by this Agreement * 6 legal -CQpj Ajon In case any r e or more of the prosisions contained in this Agreement shall loran), reason be held lobe invalid, illegal, or unenforceable in any respect, said in II validity, illegality, or unenrorceability shall not effect any other prosision hereof, and Ihia Agreement shall be construed as if the im alid, illegal, or unenforceable provision had never been contained herein 7. Prior_ Agre ments__Superseded This Agreement constitutes the sole and only agrccment of the parties and supersedes any prior understandings or written or oral agreements bctwren the parties respecting the within subject matter 0 { 8 Time of Essence. Time is of the essence in this Agreement 1 4 C~cnder Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and rice I versa, unless the context requires otherwise I PAGE 5 25 x 10 32x!0 { VINAV L1 0 { M, . . 1 e 10. Memorandum of Co = Upon request of either party, both panics shall promptly execute a memorandum of this Agreement suitable for fling of record. 1 I Compliance. In accordance with the requirements of the Texas Real Estate License i Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection, 1 12 Time Limit In the event a fully executed copy of this Agreement has not been resumed to Seller within thirty (30) days &Aer Seller executes this Agreement and delivers same to Purchaser, Seller shall have the right to terminate this Agreement upon written notice to Purchaser. r. . DATED this day or 1998 SELLERS PURCHASER Dieter Schwarz THE CITY OF DENTON, TEXAS ` TerrafBain, Inc, NR R RJ Properties L, P. I1y.-- - By. Ted Benaridcs, City Manager I . 215 E.McKinney X IIy,____ Denton, Texas 76201 i By - G APPROVED AS TO LEGAL FORM 1IERBERT L PROUTY, CITY ATTORNEY 1 IIY~ I ! 1 • s j STATE: OF TEXAS s1 COUNTY OF DLN'rON § f this instrument was acknowledged before me on this day of O 1998 by Dieter Schwarz Notary Public in and for state orTexas 1 i PAGE 6 +N Uq YnIIndMI,X.4A+mwucwn.~sMnIINN~.M•(~ 10, 3 2 x 10 c i STATE OF TEXAS COUNTY OF DENTON § This instrument is acknowledged before me, on this day of 1998 by TED BENAViDES, city manager, orthe City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act or the said city or Denton, Texas, a municipal F corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stnted. S , Notary Public in and for State of Texas % ! 1 ; I 0 i L ~ 3 a r ~ I , I ~ d I !1'. r r ter. PAGE 7 { rM AV IMd1/LrR.IW d.uri.M, fw4.N NLWI, M.bMM h , r r I ~r 10 ~2X y O Apends No - Agenda rte- ge a r AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 Questions concerning this acquisition may be directed ' DEPARTMENT: Finance - Purchasing to Bruce Henington 349.7200 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE RIDS AND AWARDING A CON'T'RACT FOR THE PURCHASE OF FURNITURE FOR CITY HALL RENOVATION PROJECT 11; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID # 2210 - FURNITURE - CITY HALL PROJECT 11 AWARDED TO WELLS FURNITURE FOR BUSINESo IN THE AMOUNT OF $309,593.54). BACKGROUNb This acquisition is for the furniture for the second portion of the renovation of City Hall. The construction contract was awarded April 22, 1998 in combination with renovation of DMC. The DMC construction is underway and when completed will allow for relocation of Cashiering, Customer Service and Legal allowing for construction to begin in City Hall. EST1AIATED SCIIEDULE OF PROJECT A portion of City Hall construction is scheduled for completion lit early January, 1999; the final portion is scheduled for completion in March, 1999. Furniture deliveries are coordinated with the construction completion schedule and will be installed in 3.7 days after construction is completed. { PRIOR ACTIO, JRRVI .W (Council. Boards. Commhtjpni] i Representatives from Corgan Associates and the City Hall Rm:ovation Committee have revicu ed the space plan and furniture specifications. Their combined efforts lead to the r development of specifications for furniture to be compliant wick the O'Neal Ford architectural concept and design of City Hall, j 1 7h.•ja 32x1[1 1 0 . S , re . ro.Mr..; ..i ~ n. xPi.. r. ..'^.A 'WYr~.w^rN.n ~'vYp:irl t..YArv.TnstP1GNIM..~MV•w'ww4rsMneww,e+~n• ~ ~ . 1 1 AGENDA INFORMATION SHEET C ; JUNE lb, 1998 PAGE 2 OF 2 2Y' ~ 1 FISCAL INFORMATION The acquisition of this group of furniture will be funded from previous Certificates of Obligation sales and one time expenditures for capital improvements established during the budget process. Accou:it p 454.033-CHAL•9646.9101 $173,903.00 Y 100.041.020M-9101 S133.691.OD ' Total $309,394.00 BID INFORMATION This bid is for the purchase of furniture required for the second portion of the renovation to City Hall. The recommendation is to award to the lowest bidder meeting specification Wells Furniture for Business in the amount of $309,594,00• The recommended furniture is manufactured by the Magna Company and is the same as the furniture purchased for the first portion of the renovation to City Hall. The lower price ofTercd by Facility Interiors failed to meet specification in several areas. We reviewed a sample of the furniture to enable us to make a construction comparison and we reviewed the finishes available to check for compatibility with City Hall color scheme, The committee was able to determine the lesser priced furniture was not equal to our required specification. 1y1 ~ Ali .rt J Respectfully submitted: IN IN ,r I, Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent IN, N 1 Attachment N 1: Tabulation Sheet III Attachment 42: Recommendation from Corgan Associates 1011 AGENDA • . N 2 4"t 1UI41~5~. 25 x I a' .N as x I n x9 f f A ~ 1 5 '1 F ~ , I ~1 1 0 V ~ ~ Y 1 ~ r , ,l .'k V44* .,owewI. PO t. w A'A;W, Il&,t %mA?A",bt.~n5lCrf,r4)~'•K'*#0INIC9iN,NYKk PS,~.m1t4ri.[ie"3/N3~+'wrnn+.svw•wa ~ .,L: ATTACHMENT M 1 TABULATION SHEET r BID 0 2210 WELLS FACILITY DID NAME FURNITURE • CITY HALL PROJECT N GROUP INTERIOR! , DATE 14-Ml AS 3 TOTAL W AWARD 1301,8111.00 1111,333.00 .1 1 I 1.. 1 r I 1 ~ fh ,r Ir ~,i~ 0 ~r' , 2610 320n , , \I . t .:.LMnr Y...r. 'wST.Y YJY aM{yNY.w...J. .w ...•n.n~as~,M • •w.. ~ ATTACL KEN A 2 Memorandum coacAN AttouAtu sat tm siN srasst . OAUA& TVASAX"14 to sat r.t sere '~LAM CMANO ORGAXCON 1C J,Nt. 199E ; To Mrs, Jaasy Tieken Protect Denton Cityry Halt Rmovwon Finales Administrative Assittaat Project 11, Phut 1 atnd II City of Denton 604 E. Hickory Street, Denton, U 76201 Re Furniture Bid Recommendation From Trey &rren City Hall Renovation At Project Interior Dei er for Projea 11, City Hali Renovation Phew II, I have come to a final recommendation based on the roimimvm gXQfK94om end 6ttideliaa found in Furniture Bid Peeksae #2110, and any and all information submitted by rep. taives } and deters u substitutions. j. Bored on my findin , I have to recommend to the City of Denton that the bid be awarded to Wells Furniture For Busiom who is proposing 144a Dorian, IaeJ 6you' Tracy Barre End of Memorandum i `I r I M I v i; . j , ~ J r.MV110TlI fIDAtINJAl1A 1 t ~ x 25xaa 32x~~ A swum 0 AIAURPt1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAkDING A CONTRACT FOR THE PURCHASE OF FURNITURE FOR CITY HALL RENOVATION PROJECT 11; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2210 - FURNITURE - CITY HAL PROJECT II AWARDED TO WELLS FURNITURE FOR BUSINESS IN THE AWARD OF S309,593.54). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Aid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION j. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE$ .NQ_ VENDO AMOUNT ,i 2210 ALL WELLS FURNITURE FOR PUSINESS UKS93.54 SECTION tl. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer or the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services In accordance with the terns, • specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 1 SECTION 111, That should the City and persons submitting approved and accepted items ; and orthe submitted bids wish to enter into a formal written agreement as a result orthe acceptance, approval, and awarding of the bids, the City Manager or Lis designated representative is hereby • aulhorited to execute the written contract which shall be atluhed hereto; provided that the written Q • contract is in accordance with the terns, conditions, specifications, slandards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. i 5 i ILI r 10 32 X 4 0 I t r ,&NMI { -r..ra,c+ w+5..w w.~. , M ...,..~.ewa......,,,...... ..n.M.•.n+~. r..,. ~ i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and 1 approval, PASSED AND APPROVED this day of , 1995. j JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY iECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j BY. 2210-S LIP P L Y. OR DIN AN CE. Y ' 4 } .y r ,f 32 X 111 , "Now • O 1 %w . ~ r l:ali 'a..- 1 . a. r+f YlN l'NwYN.! at.Wlxr,/YYr•,w •.e•.• Agenda Na. AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE-. June 16, 1998 DEPARTMENT: Facilities Management CM/DCM/ACM: Rick Svehla, 319.7715 SUBJECT An Ordinance authorizing the mayor to execute Amendment No. 2 to the agreement between the City of Denton and the Morrison Milling Company to extend the lease for warehouse space to a Hurd term, and providing an effective date I BACKGROUND The First Term of the lease began on May 1, 1992, and terminated on April 30, 1997. The Lease was amended on April 11, 1995 extending the Lease to April 30, 2002, This latest amendment would extend the term of the Lease to April 30, 2007 with a rental increase to $8,217 per month. ESTIMATED SCHEDULE OF PROJECT PRIOR ACTIONIREVIEW tQouncil. BlArds. Commissions Legal review of Amendment k 2 to the Lease between the City of Denton and Morrison Milling. FISCAL INFORMATION Amendment 41/ Second Term of Lease from May I, 1997 to April 30, 2002 at $7015 per month. Amendment 02/ Third Term of Lease from May I, 2002 to April 30, 2007 at $8217 per month BID INFORMATION 1 r EXHIBIT f , Respectfully submitted: Bruce Henington i Director of Facilities Management ; r • 0 • Prepared by. Ja y Tien ~ `:I r Management Assistant I 32x 10 i e 0 Attachment #1 LEASE AGREEMENT BETWEEN THE CITY OF DENTON , AND THE MORRISON MILLING COMPANY FOR WAREHOUSE SPACE AT 601 EAST HICKORY, DENTON, TEXAS This agreement for the lease of real property is made between the City of Denton, a municipal corporation of the State of Texas, and The Morrison Milling Company, a Texas corporation. The parties agree as follows: ARTICLE I. DEFINITIONS This Article contains definitions of certain terms used in this Lease, set forth as followst 1.01. City. City of Denton, Texas. 1.02, Hazardous Substance. Any substance that is toxic, ignit- able, reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Government. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous waste, It "extremely hazardous waste," or a "hazardous substance", pursuant to state, federal, or local government law. "Hazardous Substance" includes but is not re- stricted to asbestos, polycholorobipheriyls ("PCBS"), and petroleum. 1.01. Lease. This lease agreement. 1.044 Leased Property. Approximately 49,100 square feet of space located within the Moore Building leased to Morrison for warehouse space, including the land, docks loading ramps, and Parking Area abutting the Moore Building, but excluding any land located within any public street right-of-way, all as shown in the cross-hatched area in Exhibit A, attached to this Lease. 1.03. Morrison. The Morrison Milling company, 1.04, Moore :•uiiding. The building formerly owned by Moore 3usiness Forms, located a 601 East Hickory in the City of Denton, Texas, located on the land described on Exhibit B, attached to this Lease, 1.07. Parking Area, The employee and guest parking area designated by the City for the use of Morrison for parking motor vehicles, as described by the cross-hatched area on Exhibit C, attached to this Lease. 1006. Temporary Use Property, The portion of the Moore Build- ing, and the docks, loading ramps, and parking and maneuvering area Page 2 15 K 32 x~❑ 0 mum" p uww described by the cross-hatched area on Exhibit D, attached to this Lease. ARTICLE II. LEASED PROPERTY 2.01. Leased Property. City leases to Morrison and Morrison leases from City the Leased Property. 2.02, Temporary Use Property. Morrison shall have the right to theebeguse of the inning date eofothis Lease without additional char}ge, days com- plete installation and alteration of the dock and loading ramp im- provements serving the Leased Property, as specified in this Lease. Upon the written request of Morrison, the City shall extend by thirty (30) day increments, the period of time in which Morrison may continue to use the Temporary Use Property if Morrison is mak- ing good faith efforts to complete the dock and loading ramp improvements. The Temporary Use Property is made available to Morrison "AS makeswnoh waMorrrarison orcrepresentations cof~ any any, and express for implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. 2.03. Parking Area. The city shall provide Morrison, at no additional charge, the Parking Area for the use of employees and guests of Morrison, which shall be subject to reasonable regula- tions of the City. 2.04. Use of Leased Property, Morrison may use and occupy the Leased Property and the Temporary Use Property, for its usual business operations, including, but not limited to, the storage of materials and products ordinarily kept, used, or maintained in Morrison's business operations, and for no *other use. Morrison shall not do or permit anything to be done in or about the Leased Property or the Temporary Use Property that will materially obstruct or materially interfere with the rights of other persons occupying the Building. lorrison shall not permit any nuisance in, on, or about the Leased property, or 'the Temporary Use Property, and shall regularly remove therefrom all trash and debris. Morrison shall comply with any law, statute, ordinance, rule or regulation of any governmental or quasi-governmental authority affecting the Leased Property or the Temporary Use Property, now in r force or that may hereafter be enacted or promulgated, Pago 3 32XI❑ LILMW 0 WAR" S-4a~ r ~ of Hazardous Substances by Morrison, its employees, agents, or con- tractors in violation of Applicable Laws. ARTICLE III. TERM 3.01. First Term. The First Term of this Lease shall begin on May 1, 1992, and shall terminate on the April 30, 1997, unless earlier terminated as provided in this Lease. 3.02. Second Term. Subject to Section 3.03, if, before December 1, 1996, Morrison gives written notice to the City that it wishes to extend this Lease for a Second Term, this Lease shall continue in effect until April 30, 2002, on the same terms and cunditions as during the First Term, provided that rent shall be as set forth herein for the Second Term and Morrison shall not be entitled to any further extension. 3.03. Termination or Reduction in second Term. Should Morrison give notice to extend this Lease for a Second Term, the City shall have the right during the Second Term to terminate this Lease or to reduce the square footage of the enclosed space in the Leased Pro- perty if the City determines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than one (1) year prior to the effective date of the reduction or termination. The City may only reduce the Leased Property in increments that include the total leased area that encompasses Building Area C or F, or both, as shown on Exhibit A. The city's notice of reduction to Morrison must desi,;nate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right - 1 tc terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's termination shall be effective one (1) year from the date Morrison receives the City's notice of reduc- tion. A 1 ARTICLE IV. RENTALS AND PAYMENTS 1.01. Rent. In consideration for tt(s Lease, Morrison shall pay to the City d g the First Term, monthly rentals based on an annual rate of 50 per square foot of the enclosed space in the Leased Propertyng $6,012.50 per month. Monthly rent shall be paid without no:i:e, demand, counterclaim, set-off, or abatement, in advance on the first day of each calendar month throughout the O ' • Term hereof, at the offices of the Finance Department of the City, Accounts Receivab3e, 215 E. McKinney, Denton, Texas, 76201, unless •x Morrison is notifitd otherwise. Should. Morrison extend this Lease Page 4 32 x yi o NNW" o , i for a S Term, the monthly rent shall be based on an annual rate of M per square foot of'the enclosed space in the Leased ' Propert 7,014.58 per month. Should the City's exercise its right to reduce the enclosed space of the Leased Property leased to Morrison during the second Term and Morrison does not terminate this Lease, the rent shall be reduced accordingly on a per square foot basis. 4.02. Due Date. All rent paid by Morrison after the tenth (loth) day of the month will be delinquent and shall include an i additional monetary penalty equal to five percent (5%) of the rental amount due. Failure to pay rent after the tenth (10th) day when due or the failure of Morrison to pay the five percent (54) monetary penalty on delinquent rent shall constitute an event of default of this Lease. 4.03. Destruction of Property. If the Leased Property is damaged by fire or other casualty, the City may repair or recon- struct the Leased Property to substantially the same condition as existed immediately prior to the casualty or terminate'this Lease by notifying Morrison within sixty (60) days after the date of the fire or other casualty, such termination to be effective as of the date of such fire or other casualty. The rent required to be paid hereunder shall be abated in proportion to the portion of the Leased Property, if any, which is rendered untenantable by fire or other casualty until repairs of the Leased Property are completed, or if the Leased Property is not repaired, on the date of termina- tion specified herein. If the City elects to rebuild the Leased Property and the re- construction is not. completed within one hundred-eighty (180) days from the date of the fire or other casualty, Morrison shall have the right to terminate this Lease by delivering written notice of termination to the city prior to completion of the reconstruction. Other than the rental abatement, the city shall not be liable to Morrison for loss of the use of the whole or any part of the Leased Property, Morrison's personal property, or any inconvenience, loss of business or profit, or annoyance arising from any repair and reconstruction. ARTICLE V, UTILITIES 5.01. utilities. Morrison shall pay for electricity, natural gas, solid waste removal, telephone service or any other utility services supplied to the Leased Property, except that the City • shall provide cold water and sewer service to the Leased Property O at no expense to Morrison. The City shall install meters or submeters, at its cost, if necessary to measure the consumption of Page 5 7f~ Q 32 X I O . 0 O i electricity and natural gas supplied to the Leased Property. The City shall make all repairs, at its expense, as necessary to insure that electrical, natural gas, and water and sewer service is avail- able for the Leased Property on the beginning date of the First Term of this Lease. Thereafter, Morrison shall be responsible for the maintenance and repair, at its cost, of all wires, pipes, f equipment and associated utility facilities within the Leased pro- perty which are necessary to supply electricity, natural gas, water and sewer, or other utilities to the Leased Property. 5.02. Billing. The City shall bill Morrison monthly for the 3 utility services for which it is liable to the City herein and Morrison shall pay the bill within fifteen days of the date the bill is mailed or delivered to Morrison. Morrison's failure to timely pay for utility services provided by the City to the Leased Property shall not be a breach of this Lease, but Morrison shall be subject to the same penalties, costs, charges, fees and remedies and shall enjoy the same rights as other utility customers of the city in the supply of utilities to the Leased Property by the city, including the termination of utility service for non-payment. 5.07. Heating and Cooling. The City shall not be responsible for providing any heat or air conditioning to the Leased Property. Morrison shall be responsible for the repair and maintenance of any heating or cooling equipment now located or hereinafter installed on the Leased Property by Morrison. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRB 6.01. Roof and Exterior Repairs, The City shall keep the roof and exterior walls of the Leased Property in good repair, excluding the replacement of glass, but the City shall not be lia- ble to Morrison for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the city's failure to make timely or adequate repairs. w 6.02. interior Repairs. By taking possession of the Leased Property and the Temporary Use Property, Morrison shall N9 deemed to have accepted the same as being suitable for the co,duct of Morrison's business. Morrison shall, at its sole cost and expense, keep the Leased Property in good condition and repair, ordinary 4 wear and tear excepted. Any injury or damage to the Leased Pro- perty or the Temporary Use Property, or the appurtenances or fix- tures thereof, caused by or resulting from the act, omission or O neglect of Morrison or Morrison's employees, servants, agents, or s invitees shall be repaired or replaced by Morrison, at its expense. Page 6 32 x I D 1 vrcrw 6.03. separation of Leased Property, Morrison agrees to install, at its own expense, permanent walls, doors, or make other alterations, as specified and approved by the City, which are necessary to close off the Leased Property from the remainder of the enclosed space in the Moore Building which is not leased to Morrison. 6.04. Alterations or Improvements. Morrison shall have the right, at its own expense, to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the City. The City shall notify Morrison in writing of its approval or disapproval of pro- posed alterations or improvements within fifteen (15) days after the city receives a written request from Morrison which adequately describes or illustrates the alterations or improvements. If the City fails to notify Morrison within the fifteen (15) days, the proposed alterations shall be deemed approved, All alterations or improvements stall be performed in such a manner that no mechan- ic's, materialmcn's or other similar liens shall attach to the Leased Property. Except as expressly provided in this Lease, any alterations or improvements shall become a part of the Leased Property and shall Lelong to the City, without compensation to Morrison, at the expiration of this Lease or the termination of f.orrison's right to possession of the Leased Property. 6.05. Dock and Loading Ramp Improvements. Morrison shall have the right to construct and install six new dock and loading ramps to serve the Leased Property, four of which shall front upon Exposition Street and two which shall front upon East Oak Street, in place of the existing docks and loading ramps, in accordance with plans submitted by Morrison and approved by the City prior to construction. Upon the written request of Morrison, the City council may approve additional Cock and loading ramp improvements for the Leased Property, but shall not be responsible for any part of the costs of the improvements. within thirty days of the completion 'of the new dock and ^ loading ramp improvements expressly provided for in this section, the city shall pay Morrison Forty-five Thousand and No/100 Dollars ($45,000.00), as the City's share of 'the cost of the dock and loading ramp improvements. Upon completion, the dock and loading ramp improvements shall become a part' of the Leased Property and shall belong to the city, without additional compensation to Morrison, at the expiration of this Lease. The City shall relocate any electrical lines, poles, or equipment, at its own expense, if . necessary to accommodate the dock and loading ramp improvements. 0 6.06. City Approval of Plansl Compliance with Levi. Any provision of this Lease providing for the City's approval or dis- Page 7 - -r 32 x I C7 • O i i i approval of improvements or alterations to the Leased Property applies to the City acting in the capacity of the landlord or owner ` of the Leased Property and shall not apply to the city's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. In making my alterations or improvements, Morrison shall comply with all Federal, State, and local laws, regulations, or ordinances, including the issuance of permits and the payment of fees. 6.07. Signs. Morrison shall not post any signs on the Leased Property without the approval of the City as landlord. Any signs approved by the City as landlord shall comply with the City's ordi- nance regulating signs. ARTICLE VII. TRUCK TRAFFIC AND PARKINfl. 7.01. Truck Parking on Site. Morrison shall not allow -,orc than six motor vehicles to be parked on the Leased Property at Lny one time and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the city's truck route ordinance. 7.02. Truck Routes. Morrison shall use its best efforts to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Evidence of Morriaon's best efforts at compliance with this article shall include, at a minimum but not be limited to, the covenants listed herein. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Leased Property as set forth herein. • Morrison shall maintain a log at the Leased Property to track all truck traffic. Morrison shall also issue maps of the routing instructions to its employees and customers. Morrison agrees that if the City notifies Morrison that a driver, whether employed by Morrison or a customer of Morrison, should violate the provisions of this article more than once, it shall ban that driver from r operating a vehicle on the Leased Property to make or receive deliveries. Page 8 32 X o WW IV A O If the City determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City Council finds that three (3) or more additional violations of this section have occured within thirty (30) days after the date the City gives written notice to Morrison of a violation due to Morrison's failure to use its best efforts to prevenc the violations, the City shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the city shall afford Morrison the opportunity to present information or evidence concerning the violations. ` ARTICLE VIII. INSURANCE AND INDEMNITY 8.01. General Liability Insurance. Morrison shall during the duration of this Lease, at its sole cost and expense, keep in force general liability insurance naming Morrison and the City as an in- sured and covering the Leased Property and, during the-time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $1,000,000, combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the City (which approval shall not be unreasonably withheld), copies of which shall be provided to the City. The policies shall name the City as an additional insured and shall provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of the policies. 8.02. Personal Property Insurance. Morrison shall also obtain and keep during this Lease, at its sole cost and expense, insurance on its personal property, to pay for losses by fire, storm, water damage, or other casualty. 8.03. indemnity by Morrison. Morrison shall indemnify and hold the City harmless from all fines, suits, costs, and liability of every kind arising from: s . (a) Any violation or nonperformance by Morrison of any repre- sentation or covenant contained in this Lease which continues be- yond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Morrison or any of its agents, employees, or contractors. The p indemnity set out in this section shall not apply to matters caused in whole or in part by the City or anyone acting for the City. Page 9 2 lo • aramr O f 8.04. Indemnity by the City. The City shall indemnify and hold Morrison harmless from all fines, suits, costs, and liability of every kind arising from: l (a) Any violation or nonperformance by the City of any repre- sentation or covenant contained in this Lease which continues beyond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of the City or any of its agents, employees, or contractors. The indem- nity set out in this section shall not apply to matters caused in whole or in part by Morrison or anyone acting for Morrison. 8.06. waiver of Subrogation. The City and Morrison waive any rights they may have against the other because of any loss or dam- age occasioned to their respective ProPerrY, the Leased Property, its contents or to any other portion of the Moore Building, arising from any risk which is covered by the current Texas State Board of Insurance promulgated form of property insurance and fire and ex- tended coverage insurance. The parties, on behalf of their respec- tive property insurance companies waive any rights they may have against the other or their respective employees, agents, or invi- tees and all rights of their respective insurance companies, based upon an assignment from their insureds. Each party agrees to give to each insurance company written notification of the terms of the mutual waivers contained in this section and to have the insurance policies properly endorsed, immediately after the effective date of this Lease. The foregoing waiver shall be effective whether or not the parties maintain insurance on their respective properties. 8.064 Notice of Claim. Morrison shall give written notice to the city within ten (10) days of the date Morrison receives notice of a claim for damages for bodily injury or property loss arising from som9 condition or use of the Leased Property or the Temporary Use Property by any person who is not an employee of Morrison. i ARTICLE IX. TAXES i 9.01. Taxes. Morrison shall pay before delinquency, any and all taxes, fees or other assessments levied, imposed or assessed against the Leased Property, Morrison's leasehold interest, equip- ment, furniture, fixtures and personal property, during any Term of this Lease. 9.02. Reimbursement for increase in Ad Valorem Real Property O Taxes. Beginning with the tax year 1994, and for each tax year thereafter, the City shall reimburse Morrison fifty percent of any 1 Page 10 :f~ 1 32XI El o , 0 61N9AT I I I increase in ad valorem real property taxes assessed against the Leased Property if such tax increase results from an increase in " the appraised value of the real property by more than one hundred and three percent 11070 of its assessed value in 1993. This pro- f vision shall not apply to any increase in real property taxes re- sulting from an increase in the appraised value of the real pro- perty subject to this Lease because of improvements or additions made to the Leased Property by Morrison after January 1, 1993. This provision applies only to real property taxes assessed by or on behalf of the City of Denton, Denton County, and the Denton county Independent School District and shall not include any new real property taxes levied, imposed or assessed by or on behalf of any other taxing entity or unit. I The reimbursement tax payment shall be made within sixty days of the date Morrison submits to the City documentation that Morrison has paid ad valorem taxes for which reimbursement is due under this provision, except that if Morrison is delinquent in the payment of any rents, utilities, or other monies owed to the City under this Lease, the City -.ay deduct that delinquent amount from the amount to be reimbursed to Morrison for ad valorem taxes under this paragraph. X. CANCELLATION BY THE CITY 10.01. Default by Morrison. If Morrison fails to comply with any of the terms of this ease, the failure shall be considered a J default and the City shall give Morrison written notice of the breach and request Morrison to correct the breach. Should Morrison fail to correct the breach within sixty (60) days following receipt of the notice, the City shall have the right to terminate this Lease by giving Morrison written notice of termination. This section shall not apply to a breach of section 5.02 (Billing) or a violation of section 7.02 (Truck Routes). 10.07. Default by City. If the City fails to comply with any of the terms of this Lease, the failure shall he considered a default and Morrison shall give the city written notice of the breach and request the City to correct the breach. Should the City fail to correct the breach within sixty (60) days following receipt of the notice, Morrison shall have the right to terminate this Lease by giving the City written notice of termination. 10.03. Removal of Personal Property. Upon termination of this Lease, Morrison shall have the right to remove its trade fixtures C and personal property if the removal does not cause damage to the Leased Property. Morrison shall remove all personal property from j the Leased Property within ten (10) days after the termination and Page 11 32 X :c~waeraa 0 should Morrison fail to do so, the City may elect to retain posses- sion of the property or sell the same and keep the proceeds or have the property removed at the expense of Morrison. 10.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the City as provided herein, Morrison shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition with all other improvements in place, ordinary wear and tear excepted. 10.05. No waiver. Failure of the City to declare this Lease ; terminated upon the default of Morrison or the acceptance of rent- als by the City after default shall not waive the right of the City to cancel this Lease for a later default. XI. MISCELLANEOUS PROVISIONS 11.01. Entire Agreement. This Lease constitutes the entire understanding between the parties and supersedes all prior or inde- pendent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. 11.02. Subletting or Assignment. Morrison shall not rent or sublease the Leased Property or assign this Lease without the prior written consent of the City. 11.03. Lease Binding on Successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. 11.01, Severability. If any prevision of this Lease shall be declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 11.05. Notice. Any notice given by one party to the other in connectia: with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and reg- istration fees prepaid, as follows: E r ige 12 f ~5 f J 32 x~❑ 0 t If to the City, addressed to: If to Morrison, addressed to: City Manager The Morrison Milling Company f City of Denton 319 E. Prairie 215 E. McKinney Denton, Texas 76201 Denton, Texas 76201 Notices shall be deemed to have been received on the date f shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. . 11.06. Headings. The headings used in this Lease are in- f tended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. 11.07. Tolling of Time. Whenever a period of time is pro- k scribed in this Lease for action to be taken, the party required to I take the action will not be liable or responsible for, and there s?all be excluded from the computation of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, Applicable Laws, or any other causes which are beyond the control of the party, excluding financial inability. N WITNESS REOF, the parties have executed this Lease the day of , 1992. CITY OF DENTON, TEXAS, THE CITY BY: BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LECAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY o BY., Cl, Page 1? R 25 x S i O j INV" THE MORRISON MILLING COMPANY BY: TITLE: Executive Vice-President 3 1 t i • t• text\39295.3 ~ Pagc 14 + 1 2i~ ❑ 32x ❑ r , . Q 1 r 5 .peg„ t C A S r 0 AA S I k E C I 21,'14u ° I ail S I sy. f t. N I A; O1 Ifa~amuut e ~ j lull {11 iud~ . AO U o ;nl I ( 1V/,7) I ( 1147) s ft. - 8 811 s~.ft. 53,94b ad. ft. 'rgtal " Bldg E i.+ox.n Mezxanl ne (1961 - r...i( t pa _ N - 5 760 ft. 8~ spaces) m Til A+, t A s r H I C h0~ a r s r n t t r 151 JNO S 04- SIkLE.1 CLI PARKIN(p KING SPAt.ES(ryp YP14V-) Leased Service AARimG Center r • I (70 slcrcCS I (Nut Included) • EYHIarr A o•~rr 00 SITE PLAN qI Bldg. 111 y, (Aa~rin~i 1'17y1 15 Y I~ 32XID . o y I EXHIBIT ALL THAT CERTAIN TRACT OR PARCEL OF LAND situated 5isco Survey, Abstract !•umber 1184, In the Hiram Denton, City of Denton, County of State of Texasi said tract being shown by deeds to Moore Volumes125lrPage 0636, Volume 72SCrt P odage 679 meV l325, Se page 951, Jolume 328, ?age 446, and paf Volume 325,umPeage2 3639, at the Deed Records, of County of Denton, State of Texas, and being more fully described as follows BEGINNINGi for the southwest corner of the tract being described herein at a set 1/2 inch steel square tubing At the southwest corner of said tract as recorded in volume 325, Page 635, said tubing being at the inter- section of the east Right-of-way line of Railroad Avenue $A 50 foot wide asphalt surfaced public read), and the north Aight-of-Way line of East Hickory Street fan asphalt surfaced public street)r THENCE: NORTH, with the west line of said Moore Business Forms Tract, t.,e east line of sai! Railroad Ave., a distance of 373.07 feet to a set 1/2 inch steel square tubing for the north corner of said tract as recorded in Volume 328, Page 448, said tubing being- northeast of and 8,50 feet from the center line of the Texas a Pacific Railway spur, said tubing also being at the start of a curve to the left whose radius is 458.37 feet, central angle of 32 degrees 08 minutes 14 seconds, and a chord besring an& distance of South 62 degrees 13 minutes 30 seconds East, a distance of 253.74 feet= THENCE, with said curve to the left, and being 8.50 feet north of said center line, an Arc length of 251.10 feet to a set 1/1 inch steel sr tare tubing for the end of said curve, said tubing sinq the southeast corner of a tract shown by deeu to Wilson McRenny et al, and recorded in Volume 396, Page 635, of said Deed Recordsr THENCts SOUTH a distance of 5.50 feet to a set 1/2 inch steel square tubing on the south line of said tract as reorded in Volume 325, Page 639, and the north line oP said tract as recorded in Volume 325, Page 636 of said Deed Records, said tubing &Is 2elnq at an ell Corner of East Oak Street Ian asphalt surfaced public street), and Prame street Ian asphalt surfaced public street)r THENCE, SOUTH It degrees 59 minutes 44 seconds east, with the south line of said East Oak Street, and the north l to a ine of said Moore tract, a distance of $15.48 feet A northeast cor1/2 nerlofhsaidetractq as re recorded in for Volume 328, Page 451 of riid Deed Reeorde, said tubing also being at an ell corner of said last Oak Street and j Exposition Street? THENCEs South 00 degrees 01 minute 21 seconds tut. with the. east line of said Moore tract, and the welt line of said Exposition btreet, a distance of 240.00 feet to . a set 1/2 inch steel squats tubing for the southeatt corker of said tract as recorded in volume 7t8, Page 453, said tubing also being on the north line of said East Hickory Streetf THENCte South 89 degrees S8 minutes 39 seconds West, with the south line of said Moore tract, and the north LIMA of said.tast Hickory Street, a distance of 740.00 feet to the POiht of aeginninq and containing 4.443 acres of land, muss or less, Page 16 E' 7~ ❑ 32X~~ Wall 9 o , I [ A 5 f 0 AA 6 1 k E i f I~ . 2-Stur~~~~ l.) ( 1956) W 2 J j 9411 a Sq. ll. u~ o , Bldg) Bldg F' Bldg. kG) " I o ON ' Ilusenl~'lll (195 (19(1 1 ( 1965 Bldg. H ` nldA . OA 120000 100500 30,000 Sq. ft ! o nP+ a I (1447 ( 1940 sq. ft. sq. ft I - a,aJ2 I S1 J. f t . 51,94t) sq. ft. Total ~ -j c gg a f lb►+1+r4 Mezzanine B(11e ru+.■► ► ►run 96 a L _ 5 760 q ft. y{ (32 spaces) \-yam • •r_! ` W A t A S T a 1 c k 0 a r 5 1 R E t 1 a IN S GN• STkEET PAKKING RKING SPAc.ES f T YV1CA1.~ { , I Leased Service PMawO i Center F I .i E (70 (Nut Included) sllacus) ~ Ir • ~X1IIBIT • )Y, t' o~r l Qw~ SITE PLAN Il)dg. lil (Axldl+rl 1974) 2 E) x 32 x 0 . I S _ ~f I I 1 t A 5 T 0 A 01 S I M l l 1 II 4 I Hldtory ly5b 2J1940 sq. • ft. 1 01 a~ o, Bldg Z%Bldg F Bldg. tt;) I B;ISI wrnl (1953) (1961 ( 1965 ) ~y, fl I o 1 (11447 H I (i41'14! )O 112.000 10,500 30,00 80832 ) sq. Et s .ft, 51,946 sq. ft. Total A HetYUnlue L& 0 1 r E A S T II I t h o ft Y s r a r t t a INDICATES ON- STkEET PAIUMN06 SMCA.S(>'Yr1C^jLj __F . -1. Iensed Service "VINO Centec (Nut included) 70 spacchl • ~1f H161T O • ]i'tpN,l~1y P YI' r SITE PLAN bldg. III (,tyrrm 197 R, 25x,j❑ 32x~❑ a~.elr i o t ~J U.AND kfN1 w DAVI a ~ MC KINNEY ° ct OAK OAK OAK , J i j MOORE Eb BLDG. / HICKORY ~ v a KA.- ! SYCAMORE ..A e~Rar A kt LEGEND ~ - ENTRANCE ROUTE L°" EXHIBIT ~ _ 5 lo 32X 1 O i i7A71wm 1 LA. AND d DAVI KENT o w MC KINNEY ~ r~qK . Ut!' OAK MOORE Q crir BLDG. HICKORY z a N H ~ A W ~ BERRY LEGEND f -tXIT ROUTE EXHIBIT.;© f . •fA~rl1 t'tT'^""t. , fir,;. ~•r•' ; ;r B~.ll.- r.l. f.~I'1flll war. 0 -#AND , o , 1,\WPD'X5\0RD\1A0P.A15O".0 i? Attachment A2 ORDINANCE NO. 9~ 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR LEASE OF WAREHOUSE SPACE AT 601 EAST HICKORY STREET; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SSCIION I. That the Mayor is hereby authorized to execute Amendment No. 1 to Agreement Between the City of Denton and the J Morrison Milling Company for a lease of warehouse space at 601 East Hickory Street, a copy of which is attached hereto and incorporated by reference herein. SECTION _II._ That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the # day of L,(~J(ylcl/ 1995, BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY. APP VED S TO LEGAL FORM: 4 MICHAEL A, BUCEK, ACTING CITY ATTORNEY I 1 • ~ BY: 7 r Page 21 rte, 25X10 32X 0 WON= 0 O , AMENDMENT NO. 1 TO AGREEMENT BETWEEN TF7 CITY OF DENTON AND THE M0RFISON MILLING COMPANY DATED MAY 5, 1992 WHEREAS, on May S, 1992, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "CITY", and the MORRISON MILLING COMPANY, hereinafter called "MORRISON", entered into a Lease Agreement Between the City of Denton and the Morrison Milling Company for Warehouse Space at 601 East Hickory hereinafter called "Lease"; and WHEREAS, the Lease provides for a First Term beginning on May 1, 1992 and terminating on April 30, 1997; and WHEREAS, the Lease provides that Morrison may extend the Lease to April 30, 2002 for a Second Term by giving written notice that Morrison wishes to extend the Lease; and WHEREAS, the Lease provides that the City may reduc.i or ter- minate the Lease during the Second Term by giving Morrison one-year notice of said reduction or termination; and WHEREAS, Morrison desires to extend the Lease for the period contemplated by the Second Term, but extend the notice period for the City to reduce or terminate the Lease during the Second Term to two-years; and WHEREAS, City desires to extend the Lease for the Second Term; NOW, THEREFORE, W I T N E S S E T H: ARTICLE I. Article III. TEP.M, section 3.02. Second Term of Lease is hereby and herewith deleted from Lease and replaced with the following: 3.02. Second Term. This Lease shall continue in effect for the Second Term of this Lease beginning on April I A 30, 1997 and terminating on April 30, 2002, pursuant to the same terms and conditions as during the First Term; pro- vided that rent shall be as set forth in the Lease for the Second Term. ARTICLE II. Article III. TERM, section 3.03, Termination or Reduction in . Second Term of Lease is hereby and herewith deleted from Lease and replaced with the following: 3.03. Termination or Reduction in Second Term. The City shall have the right during the Second Term to termi Page 22 A~ 7'' x 32 x❑ A p nate this Lease or to reduce the square footage of the enclosed space in the Leased Property if the City deter- mines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than two (2) years prior to the effective date of the reduction or ter- mination. City shall not give written notice of termina- tion pursuant to this provision of the Lease prior to April 30, 1997, The City may only reduce the Leased Property in increments that include the total leased area that encem- passes Building Area C or F, or both, as shown on Exhibit j A to the Lease. The City's notice of reduction to Morrison must designate the amount of reduction. If the City netts to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's ter- mination shall be effective two (2) years from the date Morrison receives the City's notice of reduction. ARTICLB III. Except as specifically amended herein, the terms and conditions of the Lease, as executed by the parties on the 5th day of May, 1992 remain in full force and effect. ARTICLE IV. This Amendment shall become effective immediately upon its execution.) Executed this day of / 1995. CITY OF DENTON, TEXAS f, BY: BOB CASI'LEBERR OR 4 ~ I r ATTEST: 1 7F7NNIFER WALTERS, CITY SECRETARY EIY: ~ I r. Page 23 2 5 K I LI 32 x 1 Q i 1 ,rms. 1 I 1 APPROVED AS TO LEGAL FORM: F MICHAEL A. BUCEK, ACTING CITY ATTORNEY THE MORRISON MILLING COMPANY BY. TITLE: ~,.i/de r COO r r s `a i I ~ J J \MP00csVN ' 1M0RRS S0l1. or 41 ' , i; Page 24 u \ i, , it I mil 45~'t~i! 3 '~s,r32xld1 0 i Attachment #3 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY TO EXTEND THE LEASE FOR WAREHOUSE SPACE TO A THIRD TERM; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute Amendment No. 2 to the Agreement Between the City of Denton and the Morrison Milling Company to extend the lease for warehouse space to a third term, substantially in the form of the Agreement which is attached hereto and made a part of this ordinance for all purposes. ffSTION 11' That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1958 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: , APPROVED AS TO LEGAL FORM: IIER13ERT L. PROUTY, CITY ATTORNEY B Y: 1 N. ddb I Ill. 4W`UWWRF MN W1 I dq ekp rNt ft Page 25 ,t rt t c' ~ 9 c AMFNO;.IENT NO, 2 TO AGREEMENT BETWEEN THE CITY 01' DENTON AND THE MORRISON MILLING COMPANY DATED MAY 5,1992 WHEREAS, on May 5, 1992, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "City," and the MORRISON MILLING COMPANY, hereinafter caged "Morrison," entered into a Lease Agreement Between the City of Denton and the Morrison Milling Company for Warehouse Space at 601 East Hickory hereinafter caged "Lease", and I WHEREAS, the Lease provides for a First Term 5eginning on May 1, 1992 and tm inatirtg on April 30,1997; and WHEREAS, the Lease, as amended on April 11, 1995, extendod the Lease to Apri130, 2002 for a Second Term subject to City's right to reduce or terminate by giving two-year notice of termination or reduction; and WHEREAS, Morrison desires to extend the Lease for a Third Term with a termination date of April 30, 2007; and WHEREAS, the proposed amended Lease uvoid provide that the City may not reduce or terminate the Lease during the remairdng Second Term, but may reduce or ter6mte the Lease prior to commencement of or during the Third Tenn by giving Morrison one-year notice of said reduWon or termination; and %N1IEREAS, Morrison agrees to an increase in the rental rate during the Third TerrS and VITIEREAS, City desires to extend the Lease for a Third Term; NOW, THEREFORE, WITNESSETII ARTICLE 1. Article III I iRM, section 3,03. Termination or Reduction in Second Term of Lease is hereby and hrreuith renumbered to section 3.04, and section 3.03. Third Term is hereby added, to read as follows 3.03. Third Tenn. This Lease shall contirnre in effect for the Third Term of Ibis Lease beginning on April 30, 2002 and terminating on April 30, 2007, pursuant to the same terms and conditions as during the First Term, pr mided that rent shag be as set forth O at $2 05 per square foot, or $8,217 per month Vol ARTICLE It, Article III TERM, section 3,04, Tennination or Reduction in Second Term of Lease is hereby deleted from th; Lease and replaced with the rollouing Page 26 x iQ 32x I❑ 6d&~. A tiar...a , 0 3.04. Termination or Reduction In Third Term. The City shall have the right prior to the commencement of or daring the Third Term to terminate this Lease or to reduce the square footage of the enclosed space in the Leased Property if the City determines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than one (1) year prior to the effective date of the reduction or termination. City shall not give written notice of f termination )r reduction pursuant to this provision of the Lease prior to April 30, 2001. The City :..a only reduce the Leased Property incremenu that include the total leased 4 area that encompasses Building Area C or F, or both, as shown on Exlubit A to the Lease. The City's notice of reduction to Morrison must designate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within s!;, (60) days from the date Morrison receives notice of the Ci(is election. Morrison's termination shall be effective one (i) year from the date Morrison receives the Citys notice of reduction j ARTICLE III i Except as specifically amend it herein, the terms and conditions of the Lease, as executed by the parties on the 5th day of May, 194: and Amendment No. 1 executed on the 11" day of AIK Ir, shall remain in full force and effect ARTICLE IV. This Amendment No 2 shall become. effective immediately upon its exeariicn, Executed this _dayof1998, CITY CF UENTON TEXAS BY { t ' TED BFNAb1DA-S, Ci1Y MANAGER Al rFS1 9i JFNNiI"LR WAL URS, CITY SECRETARY ° ~ O , • ' • ~ By Page 27 • Y yq, o C 10 • ! ;r 0 , I ' . a I APPROVED AS TO LEGAL FORM: tIFRBERT L. PROUTY, CITY ATTORNEY BY:~GL~_~ - THE MORRISON MILLING COMPANY BY: + I T ME: /~i r 1 r~~ I I; i i i I 4 S'1 ~ Imo' ` I ~y~ 1 ~V I 1 Page 29 . !2<... 7 k.r . X lo 2X WOMAN r o 1 kw4a No, - O-Z 3 AGENDA INFORMATION SHEET AGENDA DATE-. June 16, 1998 DEPARTMENT: Planning DCNI: Rick Svehla, 349.7715 SUBJE Consider adoption of an ordinance authorizing the City Manager to make application to the Children's Trust Fund of Texas to obtain a grant for a family resource center and authorizing the city manager to negotiate and execute a contract with the Children's Trust Fund of Texas for a Family Resource Center; and providing an effective dale, BACKGROUND Denton was selected as a Family Resource Center demonstration site for fiscal year 1998 by the Children's Trust Fund of Texas (CTF), The city subcontracted to the Denton Family Resource Center, Inc. to carry out the project. ` CTF has invited the city to submit a renewal application for fiscal year 1999. CTF will fund for twelve months not to exceed $65,260 with the option to renew for an additional year. The family center concept resulted from the Vision Denton process. The family center will serve as a hub for educational, support, and information and referral services for all parents Lind families. The grant will be used for salaries and supplies. FISCAL 1NFORMATIO~ I lie CAI: grant requires a minimum 201NO local match for the second year, totaling $13,052. It is anticipated that a combination of the following sources will !,e used as match; 19981luman Services Committee general fund recommendation ($5,000), volunteer hours (S),263). and Vision Learn Committee monies ($5,000), I'hc C1T grant is a cost-reimbursement grant, based on the proposed budget in the rcncwal application. Reimbursement requests of expenditures charged by the contractor gill b,: made monthly. i 'I he sea ices will be provided by the Der: n Family Resource Center, Inc. (DI7RC), payments to the DFRC will be based on a projection of monthly expenditures with O reconciliation at the end of the month. '1yt~ 1 - - - 25 x 10 32XIO , ' O F I . _,.r.... I. ,f aH: @~vW. r~>~.: Yew»,-. vrn PSV.+IN~. ....nr...w.r . . ............+u... ~ Res fully sub 'tte Dav• . Hill Director of Planning and Development Prepared by: Derrick Collins Ar Human Services Coordinator Attachment 0 l : Draft Ordinance Attachment #2: Children's Trust Fund of Texas Renewal Application M1,, f t~ ~f 1 s~a Z y ~ ' f d - r t1(AAAlt~,,, x 10 32x I[] 0 a ATTACHMENT 1 ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE CHILDREN'S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY RESOURCE CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by passage of Resolution No. R97.008 on February 18, 1997 and Ordinance No. 97.133 on May 6, 1997, the City Manager was authorized to enter into a Contract with the Children's Trust Fund of Texas, herein referred to as "CIF", to establish a Family Resource Center; and WHEREAS, as a part of that process, the City Council authorized the City Manager to submit an application to the CTF, seeking funding for the Family Resource Center, and also authorized the City Manager to enter into a Contract with the Denton Family Resource Center, Inc. as a subcontractor under the Contract with CTF to provide a Family Resource Center; and WHEREAS, the City Council desires to renew the Contract and to make a new grant ap- plication to the CTF to continue funding for the Family Resource Center; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION], That the City Manager is hereby authorized to make a grant application to the CTF to seek funding to continue the establishment of a Family Resource Center, to execute the grant application, to make all certifications, and to execute any and all contracts and docu- ments and forms necessary to obtain financing for the Family Resource Center from CTF, The City Attorney is further authorized to make such certifications as necessary. SECTION H. That the City Manager is hereby authorized to negotiate, on terms and conditions he may deem advisable, a Contract with CTF. Once the Contract has been negotiated • by the City Manager and approved as to form by the City Attorney, the City Manager is author- ized to execute a Contract with CTF substantially the same as last year's Contract. If there are substantial changes in the Contract, the City PIanager shall obtain the appropriate approval of the 1 City Council authorizing the City Manager to enter into said Contractbefore executing same. SECTION 111. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and notice thereof was given in accordance • with the Texas Open Meetings Act, TeK, Gov't Code ch. SS 1, as amended. 0 • J~o SEC][ OSLL That this ordinance shall become effective immediately upon its passage and approval ' t S 1 l l yt ~ '~Ir 1 f , , , 0 1 1 r r a 1 1 PASSED AND APPROVED this the day of ,1996. , JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i 1"0110Twleubtrn,rce 91e~11tre',MhM b, ~ ' ~ f + r 1 , .1 1~/~('~ ~~(`LL ~ 1,w11J1 R ' a 1 ~X, ■1'1+~1,1, , W14 a`Hr•~Vx. ti! K 1 J HIV `Lw Y/ A p , I , PLAN OF OPERATION OUTLINE 1, Problem y The Vision Denton Learn Committee was formed to define how education in Denton will work for its citizens in the next century. After months of research, the committee agreed on the following statements: • education at all levels is critical to an individual's effectiveness as they move through the life cycle, • healthful family life encourages and supports education, • a community's health and well-being are a reflection of its citizen's health and well- being, • conscious, effectively integrated support programs for families contribute to citizens' health and well-being, and • education improves as the health and well being of the citizenry improves. I hese facts led to the development of the Family Resource Center Task Force whose mission is to ensure that all families have access to information and assistance regarding the education, health, and general well being of their children by developing and utilizing a Family Resource Center. Thus, the idea for a Family Resource Center did not develop because of a specific problem. It began as a proactive decision to shape our community. We have taken an asset oriented approach that views families, organizations, and institutions, formal and informal, as resources that can contribute to the health of the community. 11, Target Population The Family Resource Center Task Force visualized a family life center that would serve as a hub for educational, support, and information and referral services for all parents and families in the City of Denton. Through this approach families, schools, and family service agencies can become partners in a proactive approach to family development. 1 Denton is a city of 66,270 residents located 37 miles north-northwest of Dallas and 35 miles A north-northeast of Fort Worth, Denton is the county seat of Denton County, the fastest growing county in the state of Texas (1990 Census). The ethnic composition is 81% Angbo, 9% Black, 2% Asian and Pacific !slander, and 8% Hispanic. The Hispanic population is rapidly increasing mirroring the population trend throughout Texas. The projected population for Denton in the year 2000 is 79,385. The median family incume is S35,444 and 10% of Denton families live below the poverty He, According to 1990 Census 18%ofthe 13,786 families in Denton are single ' parent households. Of the female head of households with children five and younger, 54.7% live • in poverty. 0 . The Denton Independent School District has approximately 12,500 students with a longitudinal dropout rate of 1.4%i However, 30% of students have been identified at risk of dropping out. In addition, DISD has assessed the school readiness of kindergarten and first grade students and S 4 2ri ~C} 32x10. • 1 to 23% were not school ready. The :ask force estimates that 1300 parents and 2600 children will be served this year. Parents and families will be recruited through schools and universities, social service organizations, civic " ! groups, religious organizations/institutions, mass media outlets, business organizations I[L Coals and Objectives The goal of the Denton Family Resource Center (DFRC) is to strengthen and support families. i DFRC seeks to provide assistance to build family skills and assist parents in improving their capacities to be supportive and nurturing parents; encourage parent involvement in children's learning, development, and education; help parents develop and strengthen support networks that enhance effective parenting; encourage development and effective use of community resources for families; and help prevent child abuse, family violence, and other negative family outcomes. Regular meetings of a Family Resource Network, with representatives from organizations in the community, will be initiated at the conference to improve community life for families, to improve access for family members, and to facilitate families advocating for themselves and their children. The task force has completed a needs assessment conducted in coordination with The University of North Texas Survey Research Center that included key informant interviews, focus groups with hard to reach parents and residents, a random sample survey of families and a family service provider survey, Results from the needs assessment and collaboration conference will help provide direction and focus for the goals and objectives of DFRC. 11 DFRC has implemented a five week series of workshops specially designed for new parents. Topics include; Infant Care & Safety, Baby Development 0-12 months, Feeding and Nutrition, I Infant Child Care and Infant Massage. All workshops will be held at First United Methodist Church and will include lunch for the families. Upcoming groups will be available in Spanish and Chinese. IV. Plan of Action • 'f he following list contains activities that will take place during the second year of operation. The tasks have been divided into five categories: Board of Directors, Administration, Program, + hvalj ion and Funding and Public Relations, The timeline details these activities further. Board of Directors , • Open site of the Family Resource Center • Hold Open House for the Community O • Orient board members regarding their role and the organization's expectations • Prepare three-year sia'egic plan I i ti s I I Q I I ©dministratior • Develop office and personnel policies and insurance needs • Develop financial management system • Hire receptionisdprogram coordinator • Secure additional equipment • Write education column in local newspaper and newsletters • Volunteer Management by Parent Advisory Committee Volunteer screening Develop volunteer training Hold volunteer meetings • Establish 4 graduate internships ro ra • Determine staX needs, advertise, and select qualified staff • Identify sources of materials needed for the referral and information resource room i • Initiate parent lending library • Plan and initiate parent outreach strategies • Conduct community awareness activities about available services and volunteer opportunities • Network with community agencies Host mini-conference: collaboration between agencies Participate in City of Denton Workforce Diversity Conference Participate in Parent Ed. Conference. Univ. of North Texas Attend monthly meetings of Advocates for Infants & Children Attend monthly meetings of Denton Info Network Collaborate with Denton County Ag. Extension Agent • Meet with Parent Advisory Council Bost weekly Parent Coffee Chats Fvaluation • • Work with consultants to design an evaluation plan (Dr. Mikler/UNT) • Survey family satisfaction and report results • Prepare report on center effectiveness Incorporate data from agency collaborations'referrals Incorporate data from parenting class evaluations Incorporate data from staff evaluations Incorporate data from site-user surveys 1. , unding and Pub tic Relation 7~ytF . Work with administration staff to access ongoing funding 40 • Plan fund raising events J l r;,,~ ~r1 x 10 32X0 e , 0 ti Contact media outlets i V. Key Individuals Y The Director will have the following responsibilities; providing general management and oversight of DFRC office operations and staff; organizing community support for DFRC projects/programs; working with the community to establish goals and priorities; designing an evaluation plan; identifying potential funding sources; and developing and coordinating primary service delivery with emphasis placed on parent education, early childhood intervention, and family support. The Board of Directors will be representative of the people, cultures and values of the community and committed to achieving the goals of DFRC. The Board will be responsible for { policy making and the financial system of DFRC. It is anticipated that the board will share fund- raising and marketing duties with the Director, A Parent Advisory Council will be formed to plan, evaluate and guide the center in being a place where any parent will feel comfortable, and where they can be assured that a knowledgeable and i helpful professional staff can help meet their interests and needs. The establishment of a parent phone network will be an initial objective. Vi lunteers mi[l play an essential role in the center. Individuals will be encouraged to donate their sle.lls and special talents. This will allow all community groups to participate in the center, creating ownership that will help ensure success. r V!. EapWatioos Expectations for the project include prevention of child abuse and neglect; improving parent learning and capacity as well as other family members; encouraging development and effective use of community resources; encouraging parent involvement in children's learning, ` development, and education; increasing the number of referrals and families served; increasing student achievement; and empowering parents to provide leadership and make decisions • affecting the direction of the Center. VI1. Program Evaluation A brief framework of the evaluation model is described below. The steps are contingent upon the t • identification of community needs that will determine Center goals and objectives: 1) Identify Program Goals and Objectives; 2) Define Evaluation Questions; 3) Define Information needed to O • answer questions; 4) Identify Information Users; 3) Plan Method(s) of collecting informationldata; 6) Collect Data; and 7) Data Analysis and Evaluation Report, I i 2x10 32x1❑ YMr now i . 1 r r 1- , T O 1 1 i ,j . i rr i Steps l •5 should be completed during the l st quarter of the year, it is suggested that data will be collected in-house as well as outside the agency to determine effectiveness and satisfaction of referring agencies as well as parents. This evaluation may be accomplished by Center stakeholders and a University consultant. It is an ongoing process that develops over time requiring activity throughout the year. The end result will be an evaluation that is continuous and flexible. Center staff, volunteers and parents will clearly understand the purpose and their roles in successfully carrying out the evaluation plan, The City of Denton and the Denton Family Resource Center agree to participate fully in CTF statewide evaluation of funded programs. It is understood that compliance with the evaluation is a condition of funding, This participation may include: 1) assistance in development of f- evaluation instruments and reporting forms, 2) attendance at training sessions, 3) timely submission of accurate data, 4) access to program clients and participants, S) adherence to f evaluation protocols and procedures, and 6) cooperation with requests from CTF and CTF program evaluators. Data are likely to include: 1) quarterly reports that include: summaries of program activities, types of services offered, numbers and characteristics of people served; 2) client/panicipation outcomes that include: program satisfaction, measures of knowledge, attitudes and behavior; and 3) agency records related to expenditures and ad•-.inistration of programs i { 7 1 f f ' . 1 r y 1 V> 1 R~1 •1; `I Y A 4 A f iI (d ~ 1 ~ of i r ti 32 x o . II 0 . I +aaerew i i ! FORM 1,13-003 ChUri Ws Try.! rues Irrrus ACHILDREN'S TRUST FUND OF TEXAS Timeline Seplember 1, 1999 • August 11, 1999 35504.7.0052 Contract 0 List oe specific action steps to be completed in implementing the proposed plan of operation. Indicate with "S" the starting date of each step and with "X" the anticipated completion date, Tlmellne Page 1 JUL ACTION a1EM N N N N ,H FN MR ail a M JUN fl so Aa III 1. Open silo of the Family Resource Center 8 i 8 2. Hire Receptlonis/Secrelary S, Hire 1 6 R Coordinator/ Family Advocate! Program Coordinator 8 4. Hold an Open House for the Community 8 5, Secure equipment: Kitchen items for parent coffees 8 e Xerox, fax, phone, computer, scanner; resource library, books, toy X ~ 6. Community Awareness Actlvllhes Conti uous • • 7. Init ele evaluation system • collat crste with Dr. Mlkier/ UNIT 8 C tlnuo s offs each rend claw a. Meet with parent council, Advisory Council, 6 Board Merril ly...... . 9, Nclwork with Community Oryenlxallons Conti uous. . Host mint•conforence: colleborelion botweon sgoncies X Participate In City of Denton Workforce Diversity Conference X X Participate In Parent Ed. Conlerence•i of Norh Texas Attend monthly meetings of Advocates for Infants 3 Children Mont ly Ailond monthly rmcotings of Denton Info Network Monl ly............... . Function es an Info and referral agency Continuous. J Collaborate with Nancy Brown - County Ex!onsion Conti uous, , 10, Host weekly Parent Coffee Chats 8 W ekly 11, Parent Education Outreach Centl uoua N Nolo. Items without a poled start (S) have already been Inhisted. )OPO tf.1lNt00A MTIODO)'000 ?5 x 10 32X10 r 'IAaA~a'110 r FORM PO-003 (l adri Wi Trunf Fund at Trua ACHILDREN'S TRUST FUND OF TEXAS Titnelige September 1, 1998 • August 31,1999 Contract 4 35004-7.0057 List the specific action steps to be completed in implementing the proposed plan of operatioe. Indicate with "S' the starting date of each step and with 'X' tae anticipated completion date. Tlmalins Pegs I ACTION aTaPa Ots 11 0 je =N FEN MAN N APR 14A Nr aJUN s ,N st 17. Initiate Professional ! Parent Lending Library X 13• Plan summer sctlvitles; recruit volunteers 8 X 14. Write education column in local paper, newsletters 8 C ntlnu s . 15, Volunteers Management by Parent Advisory Committee S C ntlnu us Vofunteer srreeninQ S C dims is. . Davis* volunteer training 8 C rttinu is Hold volunteer meetings IS uanerl Meet is 17. Survey family satisfaction d Report results After each ass, a d per valual n pl■ 18. Prepare report on Center effectlvenes 1 8 uarlen Repo I X X Incorporate data from agency colleboratloro 1 referr als Incorporate data from psrating clans evaluations Incorporate data from staff aveluollons 'i Incorporate data from silts-user surveys . s • 19. Establish 4 graduate internships , i tI 1 ~ 1x91 PCRMWIL06RAMT004W WC :;z, rs z I ~ 32A] .0 mow • 0 I 6101/98 Children's Trust Fund Form PC-014 ' or Ttxu CHILDREN'S TRUST FUND OF TEXAS Contract Budget September 1, 1998 -August 31, 1999 Agency Name, City of Dentin Denton Family Resource Center Contract Ill. 355-04-7-0052 LINE ITEMS CTF AMOUNT LOCAL MATCH TOTAL PROGRAM COST $48,000 Cash $10,000 $61,263 Personnel - Salaries Volunteer hrs $3,283 Health $ 4,800 $ 9,420 , Personnel- Fringe Benefits FICA $ 4,620 Travel/Training for Austin $500 $ 1,760 StaRNotunteers TA/Training S 1,260 ConsumableOffice/Program $1,800 S 1,800 Supplies Other: $1,500 $1,500 I Telephone $ 1,000 $ 1,000 I Postage $ 1,000 $ 1,000 P ri nti nglDuplicatlon Food for Participants $ 780 $ 780 (as approved) $65,260 S'3,283 $78,523 GF,AND TOTAL Total Program Costs reflect the expenditures for activities In your plan of oper>tinn. All amoun's should be shown in whole dollars, • This form must be typewritten and will he included In the contract ! • A minimum match of 10% of the CTF grant amount Is +equired for the first year of funding, 20% for the second ye sr and 50% for the third year. Expenses rot reimbursable from CTF funds or used is match are: - Office space rental - heal estate payment ,ty - Utility payment - Equipment purchase - Vehicle rental or purchase j ! - Office furniture rental or purchase 0 ! - Indirect costs such as administrative overhead, fundraising expenses, Insurance, Janitorial services or other capital expenditures. , 12 J,1911r0R.MSFROOKAMSM14_019,DOC I x k ;R. 25 10 3210 WAN • ' A r •w0ii a 0 ' j , . I 6'01/98 Children's Trust Fund Form PG-015 or Tesm CHILDREN'S TRUST FUND OF TEXAS I Budget Worksheet • Personnel-Salaries September 1, 1998 - August 31, 1999 Agency Name. City of Denton. Denton Family Resource Center Contract#. $55-04-7.0052 (A) (B) (C) (0) AxBxCxD POSITION OR $ of Full Time % of # of CIF Cost + Match ~ TOTAL TITLE Staff Monthly Time on Months Cost Salary CTF Volunteer Time' (c) $3,263 (c) $3,263 Director 1 $3,167 100% 12 $28,000 $10,000 $38,000 Program Asst 1 $1,667 100% 12 $20,000 $ 20,000 D I Total Salaries $48,000 $13,263 $61,263 IMPORTANT: • The value of volunteer hours may only be used to satisfy up to 25% of the required match. Non professionat volunteers • hours x $5.151hr = $(a) Volunteers with credentials who are functioning in their professional capacity - hours at $13 241hr. = $ (b) Total match value of volunteer hours (a) • (b) = $ (c) ' All amounts should be shown In whole dollar. CTF will only pay for staff positions who spend 50% or more of their time on the program. An individual staff position Is not eligible for CTF funding if they work less than 50% time, CTF will pay up to 5% of one administrative position (e. g., executive c actor) only. • CTF will only pay for the percent of time spent on the CTF program, Match expenses can only Inctude • salary for the percent of time spent on the CTF program. r • Include only one position per line. t i • If the employee Is paid hourly, indicate the hourly rate under 8. . i • If the employee Is not a full time person, Indicate this and the pay under 8. • Time sheets must be kept on all staff and volunteers who devote less than 100% of their time to the CTF grant 1,19dFOitJkW PAO ,AAM5Vo011 019,DX 13 hx~Q 32 x1 r ti 0 n 6/01198 CMtdren'r Trust Fund Form PC416 of Teus CHILDREN'S TRUST FUND OF TEXAS Budget Worksheet • Personnel-Fringe Benefits, Employees Share September 1, 1998 - August 31, 1999 Agency Name: City of Denton. Denton Family Resource Center ContracW 355-04.7-0052 FRINGE BENEFITS BASEL) ON SALARY PAID CTF Cost Match Total Cost Director (Health) $200 (12 mos) $2,400 $2,400 Director FICA $3,090 $3,090 Program Asst. (Health) $200 (12 mos.) $2,400 $2,400 Program Asst. FICA $1,530 $1,530 f • .i 1 e Total Firings Benefits $9,420 $9,420 The rate for FICA Is 7.65% Actual fringe benefits reimbursed by CTF cannot exceed 24% of the salaries reimbursed by CTF. 14 J4%iF0M1VPR00RAMS\P0014_0I0DOC i .r x ua 9i 0 was" 0 • 1 6/01198 Children's Trust Fund Form PG417 of Tnss CHILDREN'S TRUST FUND OF TEXAS Budget Worksheet • TravelifTralning for StaffNolunteers September 1, 1998 - August 31, 1999 Agency Name, City of Denton. Denton Family Resource Center Contractal: 355-04-7-0052 TYPE OF EXPENSE PURPOSE, DESTINATION (airfare, hotel, local AND BENEFIT CTF Cost Match Total Coat mileage, etc.) Austin - CTF $500 $500 Training/Memberships $1,260 $1,260 1 Total TrayeVTralning Expenses $1,760 $1,760 • Include expenses for any training required for the curriculum. j include expenses for two people to attend the two day CTF training (Including a $50 per person registration fee) on September, 1998. • CTF will reimburse up to $500 for training expenses per program in addition to the orientation or Q Q curriculum training CTF will not pay for out-of-state travel (unless required curriculum training approved by CTF). r 1,19I FORNIS'BROORA NITM 11 019. DOC 15 OWN i ?5K10 32x ❑ s a~caemei r p i i 6101198 Children'sTrutl Fund Form PC-010 of Teue CHILDREN'S TRUST FUND OF TEXAS Budget Worksheet • Consumable Office/Program Supplies September 1, 1998- August 31, 1999 Agency Name: i of Denton. Denton Family Resource Center Contract. 356-04-7-0052 DESCRIPTION AND BASIS FOR VALUATION CTF Cost Match Total Cost Supplies (including Parent Ed. Curriculum) $1,800 $1,800 A : i ' 1 1 TotalConsunlsblsOttiulProgrsmSupplies $1,800 $1,800 Q • 01 4 16 1,WjF0AMS.0A00RAM3"l4 OlgWC t. i4 4~K:5 x 32X ❑ • , 0 r~ 610 l 19 8 Children's Trmt Fund Form PG-019 ofTesu CHILDREN'S TRUST FUND OF TEXAS Budget Worksheet - tatter September 1, 1998 -August 31, 1999 Agency Name: City of Denton, Denton Famlty Resource Center Contract: 355-04-7-0052 DESCRIPTION AND BASIS FOR VALUATION CTF Cost Mitch Total Cost Telephone $1,500 $1,500 Postage $1,000 $1,000 Printing0uplication $1,000 $1,000 Other (as approved) Snacks for participants $780 $780 1 k I I I ~ i Total Other Coots $4,280 $4,280 a • ' (e g. child care experses, transportation, etc) 0 • I 119sIPOkA"A0GIlAM.S W4 019. WC 17 'k tiN, t9: 5 K io 32x0 1 1 I i O { 1 Children's Trust Fund FORM PC-001 ofTnu A CHILDREN'S TRUST FUND OF TEXAS LocalAlafch Verification September 1, 1999 • August 31, 1999 r Duplicate Otis form as needed. Agency Name: rite f nnnrnn I certify that S 1,000 has been designated by City of Denton (Human Services Committee Recommendation) (Name of donor/organ1rat1or) / to be used solely for the purposes of the above-referenced contract for the period of l September I, 1996 to August 31, 1999 and in accordance with Children's Truss Fund h of Texas definitions and guidelines regarding local match, CONTRIBUTOR COMPLETING FORM; Signature) (Date) VVVV 1 < Ted Benavldes _ (Print or Type Name) 1 1 r --GiCy_Manage r i (Title) i east MSKinnev Denton. Texas 76201 )i (Address) ho n e.9.44=flan T , (Phone) All I 19 s. J :I 21 '2,r) 10 32XIO I rat ♦ ~ , } . 0 { Childrrn'+ Trutt Fund FORM PC-004 - of Tean ' ACHILDREN'S TRUST FUND OF TEXAS Local Match Verification September 1, 1998 - August 31, 1999 , Duplicate thIsform as needed. Agency Name: viminn nontnn - ernj&rt rlhinot (Fiscal agent - City of Denton) I certify that S 51000 has been designated by Vision Denton - Project Cabinet I (rti'ameofdonor/organ&afior{1 , I to be used solely for the purposes of the above-referenced contract for the period of September 1, 1998 to August 31, 1999 and in accordance with Chrldren s Trust Fund of Texas definitions and guidelines regarding local match. P CON FRIBUTOR COMPLETING FORM: i Signature) (Date) Ted Benavides , (Print or Type Name) City Manager (Title) t )33 215 East McKinney Denton, Texas 76201 li (Address) • v ; vAo:~ys_e3D1 (Phone) 19 Kz~ 25 D :32JO , aaaa r'. tD PG-024 TEXAS CORPORATE FRANCHISE TAX CERTIFICATION PURPOSE: By state law (Texas Business Corporation Act, Article 2.45), state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. The following certification Provides a means for establishing whether a corporation Is cvrrenl in its state franchise tax payments. INSTRUCTIONS: The certification must be signed by the Individual authorized on form PG-004, Corporate &mrd of Directors Resolution, to sign the contract far the corporation. (For USDA-funded contracts, use Form 4508, Certification of Authority, to determine who must sign.) The certification must be newly completed by all corporations and filed with each offer or contract renewal Package submitted. Indicate the certification that applies to your corporation. A. The Corporation Is a for-profit corporation and certifies that it is not delinquent In its franchise tax payments to the State of Texas. 8. The Corporation Is a non-Profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. The undersigned authorized representative of the corporation certifies by signature that the above statements are true and correct and that he understands making a false certification Is a material breach or contract and Is grounds for contract cancellation. Name of Corporation (please type or print) Name of Corporate Representative City of Denton Ted eenayideyii l~ . Date Signature r City_ Mana,gar Title 20 - 2 5 x n 3 2 x I❑ D i AM" _ ACHILDREN'S TRUST FUND OF TEXAS CONTRACT DATA SHEET FOR FY99 FORAI PG•IMG Applicant Or;anlinion CTF Amount Requested City of Denton, Community Development Office $65,260 In Ntut yeY Na We applicant orga,nituion InccxparYed? Ceartw No. Program Category: I, Parent Education curriculum name 2. ChiIdren'sEdueation cturkulum name r' Name of Proposed Program (if different than eurriculurn/campaign name) Denton Family Resource Center Program Contact Person(s) RArharg Tide Mailing Address Community Development Office 100 W. Oak, Suite 208 Denton, Texas 76201 Street Address (If different) L I Telephone ( 940) FAX ) 149-7234 Internet E-Mail Address: ` rnm pyaj glnhal-net I~ R'heneillproposrdprnyrarnheeslahlisbcdu•,_& 95 Month Year l ,t Annual Gganlralion Pud per Proposed Pmjram SU6 A6 + 13126D (local match) rout s I7B,52i~_____ 21 - % 25 k 32X ❑ I A r ,e.n.eale , o , t~ Ageney TSpc Endorsing Organkalions (Name, Address, Plrafle) Ap,fi. b,gidiml ,do,Iblb.{na ICT.,t p,IluA4 ryMtdaW ,N rmid. A. V"Ineinld innvmvc m/mx,mmn) , 1 _ Mlu pores ee•rni%W,i r Ma,elue dm.nam enl uds dlmmninaldr l_1 1 _M.nt mn."Ili.erpn.oion..m. d f.+a 0. ..b. a Au Iliudwne, u/raga WUrm.dmnee .r dw mnmi laid d 0i. 1 _1d•nA rv purl vw,w;c..lua d i.o,. 6" rniiir la,.dr dpod magna nenk "mind a.fwnY wiwme(lYm lml of wwdl..) hrvou Cfr rrmd{.a 1 P.n ,r Ans a r,or,"vn :a W.,m.u end, find A. V. Cifra mm41. C. 0 A e) n.mn, tldiao, ord.19 Hi, lumbe, 90 ".n k w a.l. rrup{md,Ar Aned,0..1 Wo ttnwii dd,a. ad r ,eia nume.ddtnern. C X r.YtaA,a.d1996-1998 G c,..mmmnlmah o«ne. r'try o _XHosnm "Deftton Famtly Reeousce nter ~ rl_.eyrein loam MTOa sl trpu.. af•la. Ui,rpremV f ,a,a 7.nd G.orpalnl A,a 3 -22-90 XZ_ Un n imeu D~mler k,pamml4o,mlm,63 64 --wd 65 r. f. au,yw. dd'n ourw wwmw lls.le rid rage M IMNO 00 am, MN. dry r11IA Cnnr,Y CD,M. 6,._13, 26 ".4 Ito" s.7v d A, pprtms.u 14 mnelnd.of W lwmr mpN rodldmN lu,l. {ID_ Target Population: 9lIr91-4'J199 9/IM-&31/W 9/VI10.1,13IR001 TOTAL I Estlmaled NumberofAdulu la be Served I inn 0 1390 3900 Ertimahd N,i orolldren to be StNed TOTAL. - Race'Edlniciq and Oendet pennant , IIIIIIIIIN 1 1. Caumian 2 black 91 3 Hispanic d Aau1 3% ; 7. Narive Amcdcan 6. Cher S 7. Male ~0% 1 r 1 female , r 22 25 x 32x~1~ Woo, VA .rm , . 0 t,unwsaNua6e+arvotuantwm, w1A1sn1AS wfAS-wtrrao WI%04001 TOTAL normrosa 1236' 1483 1779 4496 NaMokaice.i 480" 576 691 1747 TOTAL 5716 2059 aummru 2410 6245 Yov Fun&6 C7/ ae(j,■Ace Mach AmW Sotr Frorm nt Fnknard s er porgy M MkiW^t . ti a (Yur I) dukJ'NW w„a wwuwsuw 65,000 h) 13052 t-) 72244 39001 {•1 18.82 The authorized official of the applieaat organisation must sign below. May 30,1998 Signature Date ` Title ' Professional: 10 Board members X 3h I month I 3 graduate students 4hr I month each Dr. Mikler I evaluator 2hr I month Advisory Council quarterly 2h f month X 25 peopts Advlsors to Board: 3 people 3 hr I morth each Non-Professional: High school and college students • 30 students X 2 hours f quarter ` i Volunteer groups, 4sternstles, scouts, campfire girls, Habitat for Hurnmity y Parent/ Grandparent Advisory Group 20 people i hour/ month 0 5 parents I day, 10 children per day X 52 weeks X 5 days t week ■ 3900 r r , ' c r~ •i 23 . « ' 5 x I❑ 32XID Samoa" , O iSiwl. lie 97.98 Fa mIty A a source Center Board of Directors NAME TELEPHONE ADORECS ATTN Dr. Aiminlo JacoLion 58b24~2 w_ I_YYe1Iln9foM1 Oiki Ch_ _ 78205 UNTCNld Devi FamlfySlud 567 4601 h - College of Educellon 586-4255 Or Rasamary Rod yuei 355 2963 1125 Davls 76201 Oenfo 10 Dr Jo Ann Enjj brochl 898-2604 w P.O. Box 1257.89 76204 TWIJ Family Sclmui Cd~ _ 565.1009h Educ+Human Ecolcgy 698 2618 iEnpelbrechI4TWUedu - Or Yncenl Ramos 5551716 F 0 Box510529 7820) UNT Psychofogj S_elty Nodharr All 2421 w N 0 Bax 125498 78204 T% I0 School of Nuning 321-5352 h _ - I - 89112437 fox _ Dr Bing Burion_ 566 6589 w 306 N loop 280, 0180 76201 Denton County HeoMh 565 8021 fox _ BurlonQco demon tx us _ tarry Mankufl 3157'.662 6 w 909 Linden Street 76201 Donlon Ind School Dist 362 9637 Ux _ aIO2000TE NET Silly Rishel 367 5322 1003 Weal Oak Slreel 76201 Dhtind Daalgni - - --1-- Unce Johmon 363 3168 w 3311 135E 76201 Donlon C"L411nlslriss , tNobno-D44 loot corn. Ex Dinclor Lynda Nygrsn 566-1800 w 101 N Elm S1. Sumo 203C 78201 7 amity Resource Center 657 2601 h _ ~ fQvleon _ _ ~ Dlona Shenbarper 566.6861 w 625 Deils$ Or. 0525 76205 U)ntled Way 367 3696 h _ _ ~ _ Derrlckfofllne_ 3181234w - 0) 30.3079 It 100 Oak St. Sums 206 18__20.1 C_8yof Donlon DovolOrk BerDeraRoei 549.7726w 100 Oak SL Sulfa 20A - i J Pape I L 10 3 2 x 1 0 ORGANIZATIONAL. CHART i , Citizens of Denton, Texas Board of Directors .n Vision Denton Parent AdsIson' Committee I, Director Program Aasieteat i , , A t } ~r , , x 23 25 32XIO • to 98-99 subcontract with the Denton Family Resource Canter Inc. will be similar 1996. 1997 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENT ON FAMILY RESOURCE CENTER, INC. This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corporation, hereinafter referred to as "City", and the Denton Family Resource Center, Inc., a non-profit corporation, 1213 Locust Street, Suite L(1), Denton, Texas 76201, hereinafter referred to as "Organization"; WHEREAS, City has determined that the proposal for services merits assistance and can pro- vide needed services to citizens of City and has accepted funds from the Children's Trust Fund of Texas ("CTF") for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: L SCOPE OF SERVICES Organization shall In a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Provide a Family Resource Center to offer access to information and assistance regarding the education, health, and general well-being of their children. Organization shall perform those services described in the Plan of Operation herein attached as Exhibit A. 11. OBLIGATIONS OF ORGANIZATION , In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: r A. A sum not to exceed Sixty-five Thousand Two Hundred Sixty Dollars ($65,260) rnt y be paid A to Organization by City on a reimbursement basis, subject to payment of money to the City by CTF on a cost-reimbursement basis In accordance with that certain Contract for Child Abuse Prevention Services Children's Trust Fund of Texas Council between the City and CTF, hereinafter referred to as "CTF Contract The only expenditures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as Exhibit B and Incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organisation shall not utilize these funds for any other purpose, 0 ! i B. Organization will establish, operate, and maintain an account system for this program that will igs7 allow for a tracing of funds and a review of the financial status of the program. The system will be based on generally accepted accounting principles as recognized by the American institute of Certified Public Accountants, C. Organization will permit authorized officials of City to review its books at any time, 26 i t 2 M❑ 32>111 t 0 D. Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. Organization will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. G. Organization will appoint a representative who will be available to meet with City's Executive Director of finance and ,u,er City officials when requested. i H. Organization will establish m method to ensure the confidentsallry of records and other informia• tion relating to clients subject to applicable federal and state law, rules, and regulations, incldd- ing but not limited to the Public Information Act, chapter $52 of the Texas Government Code. Client information shall only be released in accordance with the decision of the Office of the Attorney General, 1, Organization will ;ndemrufy and hold harmless City, irs officers and employees, from any and all claims and suits arising out of the activities of Organization, its employees, and/or contrac• tors. 1. Organization will submit to City copies of year-end audited financial statements, K. Organization shall fully comply with all the requirements of the CTF Contract, including, without limitation, all the requirements and federal and state law, rules, regulations, and guide- line! and all the requirements of Section Ill of said CTF Contract, a true and correct copy of which is attached to this Agreement as Exhibit C and made a part of this Agreement for all pur- 0 poses. In particular, Organization agrees to do the followings 1. Adhere to federal and state law, rules, regulations, and guldeliues provided in the CTF Handbook and Gulde to Procedures jor Granti made available on an annual basis, 2 a. Comply with Title V1 of the Civil Rights Act of 1964 (Public Law 88•'.02), Section 504 of the Rehabilitation Act of 1973 (Public Law 93.112), the Americans with L±sabilities Act 0 • of 1990 (Public Law 10 1-336), and all amendments to each, and all requiremetts imposed by the regulations Issued pursuant to these acts. These provide, In part, that no rrsons In the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise be sub- Jected to discrimination. 27 I 32 X , 0 r . 0 1 n , b. Comply with the requirements of the immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individu• als hired on or after November 6, 1986, who will perform any labor or services under any contract between Organization and City. c. Comply with Health and Safety Code §85.113 (relating to workplace and confidenti- aliry guidelines regarding AIDS and HIV). 3. Comply with appropriate state licensing or certification requirements and with standards prescribed by tl,e Secretary of the United States Department of Health and Human Services. 4. a. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Services (DPRS) or a local law enfercement agency office as required by Act of April 20, 1995, 741 Leg., Reg. Sess., ch. 20, 11, 1995 Tex, Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann §261.101 et seq.). b. Verify and disclose, or cause its employees and volunteers to verify and disclose, eri6u• nod history and any current criminal indictment Involving an offense against the person, an offense against the family, or an offense Involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Tex, Rev. Civ. Stat, Ann. art. 4476• IS as amended. This verification and disclosure %ill be required of all who have direct contact with clients. 5, Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to City and CTF. Organization is expected to create and maintain adequate and auditable fis• cal records, such as annual financial statements, tax returns, and agency budgets may be re- quired and shall be made available to City or CTF upon request. 6. Use generally accepted accounting procedures as recognized by the American institute of Certified Public Accountants and follow CTF financial management policies and proce• dures In maintaining fiscal records required to be kept under this Agreement. 7. Hold the CTF of Texas and City harmless and indemnify the CTF Council and City, their officers, and employees, from and against all claims, demands, and causes of action which 1 may be asserted by any third party in connection with the performance of contracted serv- iees. J K Provide services In accordance with the Plan ojOperallon and allow CTF and City to monitor same. Some possible methods may Include on-site visits, document review, clues. > tionnaires, or interviews. ; 9. Participate fully in any evaluation study of this program authorized by CTF or City. i I 26 -7 1 0 10. Not transfer or assign this Agreement without the prior written consent of CTF and City, CTF and City shall not transfer orassign this Agreement without consent of Organization, Transfer or assignment without prior written consent of either party may result in termina- tion of the Agreement in accordance with Section 110 of the CTF Contract. 11. Establish a method to ensure the confidentiality of records and other information relating to clients subject to applicable federal and state laws, rules, and regulations, including but not limited to the Public Information Act, chapter 552 of the Texas Government Code. Cli• ent information shall only be released in accordance with the decision of the Office of the Attomey General, 12. a. Submit billings for services and statistical documentation as required by CTF and City to be received on the I S° day following the last day of the month in which the service is provided. Non-receipt of the required billing aid statistical documentation by this date will be considered failure to comply with the Agreement. Failure to comply is valid justifica. tion for immediate termination of this Agreement and/or nonpayment of the billings or onv portion of the billings that are not received within the specif ed time limit, no Organiza• Lion further agrees to cenifv the amount of local financial participation directly supporting the service being purchased with each request for payment submitted to CTF and City for reimbursement. b. Submit performance reports quarterly or as required by CTF and City to be received by the 15' day following the last day of each quarter In which the service is provided. Non- receipt of the required performance reports will be considered failure to comply with the Agreement. Failure to comply is valid justification for immediate termination of this Agreement. The Organization agrees that the Information submitted is true and accurate. The Organization further agrees to supply documentation to City for the purposes of Veri- fying reported information If requested, 13. Make available at reasonable times and for reasonable periods client records, books, and supporting documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by CTF and City personnel or their representatives. 14. Ma stain and keep financial and supporting documents, statistical records, and other records pertinent to the services for which a claim was submitted, The records and documents will be kept for a minimurn of four (4) years Oer the termination of the Agreement. If any liti- gation, claim, or audit involving these records begins beforr the four-year period expires, O • • the Organization will keep the records and documents for not less than four 4 ears and y until all litigation, claims, or audit findings are resolved. The case is considered resolved 1yf when a final order Is issued in litigation, or a written agreement is entered into between CTF and City and City and Organization. Organization will keep records of nonexpendable property acquired under the Agreement for four (4) years after final deposition of the prop- erty, Contract period means the beginning date through the ending date specified in the original agreement; extensions are to be separate contract periods. The contract period of 19 s 0 M I~ • r:anx`► renewed only twice, unless certain circumstances as determined by the CTF Council and City require an extension of the period. 15. Account for program income related to projects financed in whole or in part with state funds or implemented on behalf of the CTF program. Program income means gross income cam-d by the Organization from contract-supported activities. Program Income earned during the contract period shall be retained by the Organization and, In accordance with the Agreement, shall be: a Added to funds committed to the program by CTF and City and Organization and be used to further eligible program objectives; or • With prior approval, used to finance the local match share of the program. Records must be maintained to Indicate deposit of funds back to the Children's Trust Fund of Texas program, If more than one source provides morales for activities generating pro- gram income, amounts deposited must be pro-rated. 16. Notify CTF and City Immediately of any significant change affecting the Organization and Organization's identity, such as ownership or control, name change. governing board mem- bership, vendor identification number, and personnel changes affecting the contracted services. Changes must be provided in writing to CTF and City within 10 working days after the changes are effective. 17, Refrain from entering Into any subcontract for services without prior approval in writing by CTF and City of the qualifications of the subcontractor to perform and meet the stan- dards of this Agreement and its attached Plan ojOperatlon. All subcontracts entered into by the Organization will be subject to the requirements of this Agreement, The Organiza- tion agrees to be responsible to CTF and City for the performance of any subcontractor, 18. He responsible for any audit exception or other payment irregularity In the program covered 0 by this Agreement, and all subcontracts, which is found after monitoring or auditing by CTF and City or the United States Department of Health and Human Services, and be re- sponsible for the collection and p,oper reimbursement to CTF and City of any amount paid in excess of the proper billing amount. 14. Place prominent notices allowing the funding Organization receives from CTF and City in all of its literature that describes services covered by this Agreement. These notices will O ~ J%O also appear in the Organlzation's annual report, if any, 20, Acknowledge CTF and City copyright ownership for all materials, published and unpub• tished, that are created with CTF and City funds, All original works of authorship created using CTF and City funds shall be deemed a work-made-for-hire. CTF shall own the copy, right and all other rights in such a work, In the event that it Is determined not to be s work, 30 t. 2 h 32 x I❑ - s ' 0 right and all other rights in such a work. In the event that it is determined not to be a work. made-for-hire, Organization hereby assigns all rights in the works, including any copyright, to CTF. CTF agrees to provide the developer of the work a non-exclusive, royalty-free li- cense to use, reproduce, display, and distribute the work. CTF shall be a co-owner of the copyright of a work that is created with more than one source of funding as provided by the United States Copyright Law. CTF has the right to use, reproduce, and distribute any mate- rial written or produced by the Organization that Is the subject of this Agreement. If the Organization is no longer in operation for any reason, all materials produced with CTF funds must be returned to CTF, or, with CTF and City approval, may be transferred to an- other agency. 21. Organization shall defend, index nify, and hold harmless CTF, City and the State of Texas against any claim, suit, or proceeding brought against the State of Texas, CTF, or City on the issues of infringement of any copyright, trademark, patent, or other intellectual property rights, by any product part, supplied by Organization to CTF or City under this Agreement. The Organization will pay, subject to limitations specified in this paragraph, any final judgment enter;,! against the State of Texas. CTF, or City on this issue in any suit or pro- ceeding defended by the Organization. The Organization, at its sole option, will be relieved of this obligation if within 30 days skier CTF and City receive notice. CTF and City fail to notify the Organization in writing of any claim, suit, or proceeding, and at the Organiza- tion's expense, give the Organization all information needed to settle anlor defend any claim, suit, or proceeding. The Organization will report to the CTF and City within 30 days and in reasonable written detail, each notice of claim of copyright Infringement based on the performance of this Agreement of which the Organization has knowledge. 22. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. 23. All notices given regarding this Agreement shall be sent to the following addresses; rk y Children's Trust City of Denton . Fund of Texas Denton Family Resource ' Community Development Office Center, Inc, r 8929 Shoal Creek Blvd. 100 W, Oak, Suite 208 1213 Locust Street Suite 200 Denton, Texas 76201 Suite L(1) Austin, Texas 78757.6854 -Denton, TX 76201 Ill- TIME O_ F AFR10 aaAht~E r O • r The services funded by City shall be undertaken and completed by Ogtanization within the fol. U, J lowing time frame, April I, 1997 through September 30, 1997, unless the contract is sooner terminated under Sec- lion VII "Suspension or Termination". 4 31 v r 1V, PAYMENTS A. Payments to Organization. City shall pay to Organization a maximum amount of money not to exceed Rmy-five Thousand Two Hundred Sixty Dollars (S65,26U) for services rendered un- der this Agreement, contingent on receipt of funds by City from CTF under the CTF Contract. Payments wM be based on a projection of monthly expenditures with reconciliation at the end of the month. Documentation of expenditures must br submitted to the Community Develop- ment Office by the 10i0 day following the last day of the month in which the service was pro- vided, Organization's failure to provide the information on a timely basis, mavjeopardize pres. ent or future funding, B. Costs shall he considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance v.ith the standards and provisions of Exhibits A and B. C. Approval of Organization's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. City's prior written authorization is required in order for the following to be considered allowable costs: 1. Encumbrance or expenditure during any one month period which exceeds one-fourth (114) of the total budget as specified in Exhibit B. 2. City shall not be obligated to any third parties, Including any subcontractors of Organiza- tion, and City funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. Written requests for prior approval are Organization's responsibility and shall be made within sufficient time to pemut a thorough review by City, Organization must obtain written approval by City prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property, Any procurement or purchase which may be approved under the n terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. • k D. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and witch City at any time thereafter determines: • 1. has resulted in overpayment to Organization; or 2 has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. 32 5x10 32XIri. !n 0 , E. Dcobligation of Funds. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby re- serves the right to reappropriate or recapture any such under expended funds. F. Contract Close Out. Organization shall submit the contract closeout package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reim• bursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Orgardza- tion. V. PROGRAM rNCOMF { A. For purposes of this Agreement, "program income" means earnings of Organization realized from activities resulting from this Agreement or from Organization's management of funding provided or income from interest, usage or rental or lease fees, Income produced from contract• supported services of individuals or employees or from the use or safe ofequipment or facilities of Organization provided as a result of this Agreement, and payments from clients or third par- ties for service: rendered by Organization under this Agreement. B. Organization shall maintain records of the re:eipt and disposition of program income in the same manner as required for other contract funds, and reported to City In the format prescribed by City. City and Organization agree that any fees collected for services pirformed by Orgaai• nation shall be spent only for service provision. These fees or other program Income will be de- ducted from the regular payment request. C, Organization shall include this Section in its entirety in all of its sub-contracts which lnvolve other Income-producing services or activities. D. It is Organization's responsibility to obtain from City a prior determination as to whether or not income arising directly or Indirectly from this Agreement, or the performance thereof, consti- tutes program income. Organization is responsible to City for the repayment of any and all amounts determined by City to be program income, unless otherwise approved in writing by I Cityi I VI, EVALUATION t` Organization agrees to participate in an Implementation and maintenance system whereby the r I' services can be continuously monitored. Organization agrees to make available Its financial records for review by City at City's discretion, In addition, Organization agrees to provide City the following data and reports, or copies thereof. A. All external or internal audits, Organization shall submit it copy of the annual independent audit to City within ten (10) days of receipt, Audit will be conducted by a certified public accountant. B. All external or internal evaluation reports. J9 10 err 32x~~ 0 » C. Quarterly perform&rice/beaeficiary reports to be submitted in January, April, July and Septem- ber. D. Organization agrees to submit quarterly financial statements in January, April, July, and Sep- tember, Each statement shall include current and year•to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services per. formed under this Agreement. Organization's record system shall contain sufficient documenta• tion to provide in detail full support andjustiftcation for each expenditure. Organization actrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City, 0. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. VII. DIRECTORS' MEETNGS Durirg the term of this Agreement, Orianization shall deliver to City copies of all notices of meetings of its Board of Directors, seeing forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall Include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representa- tives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten • (IA) working days of approval. Vill. SUSPENSION OR TERMINATION A. The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bank- ruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it Is bound under the terms of this Agreement. O • B. This agreement is subject to cancellation, either in whole or In part, and on the availability of state and/or federal funds. If funds for the agreement become unavailable during any budget pe• tiod, and CTF is unable to obtain additional funds, then this agreement wilt be terminated or re- duced. Termination under this section shall not subject CTF to a penalty or other claims, 30 32 x~~ INA • C. The City may terminate this Agreement for convenience at any time. If Ns Agreement is terminated for convenience by tht City, organization will be paid an amount not to exceed the total amount of accrued expenditutes as of the effective date of termination. In no event will this compensation exceed an amount which bear; the same ratio to the total compensation as t!ie services actually performed Lears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will « n it to City any unexpended City funds, Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. IX, EOUAL OPPORTLtNITY ANn C n~/m IAN :E WITH WS A. Organization will submit for City approval, a written plan for compliance with the Equal 1 Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations, Cr Organization will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88.352), Section 504 of the Rehabilitation Act of 1973 (Public Law 9j-1 12), the Americans with Dis- abilities Act of :990 (Public Law 101336), and all amendments to each, and all requirements imposed by the egulations issued pursuant to these acts, These provide, in pan, that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, po- liftal beliefs or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimina- tion. { • D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under any, contract between CTF and the Contractor, E. Comply with Health and Safery Code Section 85.113 (relating to workplace and confidentiality • • • guidelines regarding AIDS and HIV). F. Comply with appropriate state licensing or certification requirements and with standards pre* i scribed by the Secretary of the United States Department of Health apd Human Services. 0. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Services (DPRS) or a local law enforcement agency office as required by Act of 33 32x10 , ♦ O 1 I April 20, 1995, 74th Leg.,, Reg. Sess., ch. 20, §1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fun. Code Ann.'261.101 et seq). I H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment invoIvatg an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and d;sclosure will be required of all who have di- rect contact clients. 1. Organization will furnish all information and repocts requested by City, and will permit access to its boc ks, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. J. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. X. WARRANTIES OROANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and famished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that sine sail data, there has been no material change, adverse or otherwise, in the financial condi- tion of Organization. i C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. • E. Organization has the power to en.er into this Agreement and accept payments hereunder, and O • has aken all necessary acticri to e_,thorize such acceptance under d,e terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or :ncumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. 36 l - r 15K~Q 321 .NV= I O 1 rnsm Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. Xl. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly pro. vide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set faith in Exhibit B without prior written approval of the Community Development Administrator for the City, organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the na- ture, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total lev- els contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi- cations are to be automatically incorporated Into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated In a written amendment hereto, as provided In Subsection A of this Section. I • F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated B shall require the prior written approval of City. In Exhibit i G. Organization agrees to notify City of any proposed change in physical location for work per• I fonn•d under this Agreement at least thirty (30) calendar days In advance of the change. • H Organization shall notify City of any changes in personnel or goventIng board composition. • • 1. It is expressly understood that neither the performance of Exhibit A for an ro I hereunder nor the transfer of funds between or among said programs will be pitted contracted i I 37 K 10 32XIO s 0 X11. INDEhfNiFICATIO.N A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, de- mands, suits or damages of any character whatsoever resulting in whole or In part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to Indemnify and hold harmless City its agents, employees, or contractors from any and sill claims, suits, causes of action, de- mands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and Implementation except to the extent caused by the willful act or omission of City, its agents or employees. X111. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance.-commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Or- ganization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for pro- gram participanm, if applicable. D. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas • Driver's license and automobile liability insurance. Evidence of the employee's current posses- sion of a valid license and insurance must be maintained on a current basis in Organization's files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs • under this Agreement, and remain the sole responsibility of Organization. F. The policy or policies of insurance shall contain a clause which requires that City and Orgariiza- tion be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 38 a 32X l XIV. CONFLICT OF INT EgES, A. Organization covenants that neither it nor any member of its goventing body Presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or ap- pointed as a member of its governing body, S. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives ; the appearance of being motivated by desire for private gain for himself/herself, or others; par- ticularly those with which he/she has family, business or other ties. C, No officer, member, or ems toyee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participo a in any decision relating to the Agreement which affects his personal interest or the interest in a,•y corporation, partnership, or association in which he bias direct or indirect interest; or (2) have ,y,y interest, direct or indirect, in this Agreement or the proceed! thereof XV, NEPOTISM i Organization shall not employ in any paid capacity any person who is a member of the inunedi- ate family of any person who is currently employed by Organization, or is a member of Organization's governing board, The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, stepchild, half-brother and half-sister. XVI. NOTICE Any notice or other written instrument required or permitted to be delivered under the terns of this Agreement shall be deemed to have been delivered, whether acnully received or not, when • deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, ' addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION i City of Denton, Texas Director • Attn: City Manager Denton Family Resource Center • • 215 E. McKinney 1213 Locust, Suite L(l) Denton, TX 76201 Denton, TX 76201 r Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 39 0 )CVII, iytISCELLANEOtJS r A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other fi- nancial institution without the prior written approval of City. B. If any provision of this Agreement is held to be imalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this pr6i- sion. D. This Agreement, together with referenced exhibits and attachments. constitutes the entire agreement between the parties hereto, and any prior agreement, assertion. statement. understand- ing, or other commitment cccumng during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or rrculations, City as the party ultimately responsible to HUD for matters of com- pliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue j • of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHJPLEOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1997. • p • i i + 40 t-,::a~ :r K I n az x d I r y ,I 0 ( . a 1 Y . l 1 r 1 a i { y I CITY OF DENTON, TEXAS BY:~ TED BENAVIDES, CITY MANAGER W'^ ATTEST: JENNIFER WALTERS, CITY SECRETARY ' BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: ~y J f C~~v DENTON FAMILY RESOURCE CENTER, j ` INC. rf C . BY: PRESIDENT y ATTEST: ~i I ~J BY:I JL y SECRETARY L~ ll 1 tz ~ EawpDO~sK~DFAC . , , F I r ;I 41 2 X Sx , 0 Agenda No Agenda Ne Date _ AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 DEPARTMENT: Economic Development Department ACM: Kathy DuBose SST i A resolution of the City of Denton, Texas, authorizing the execution of an amendment No. I to the Airport Project Participation Grant for State assisted routine maintenance between the City of Denton and the Texas Department of Transportation relating to the Denton Municipal Airport; and providing for an effective date. fi BA K GROUND On February 18, 1997 the City of Denton entered into an agreement with the Texas Department of Transportation, Aviation Division known as the Routine Airport Maintenance Program (RAMP). It is necessary for each local sponsor to extend the original agreement on a yearly basis if the local sponsor intends on participating for that particular year. The RAMP grant provides for a fifty (50%) percent state funding match with the local government. The grant is capped at $10,000 of state assistance. The Demon Municipal Airport has $8,889 in matching funds for a total of $17,778 to be applied toward maintenance projects. Airport Staff has identified a pavement i maintenance project that can be completed with this grant. ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting two signed agreements to be returned no later than July 31, 1998. The State must approve its share of funding before the end of the State's 199S fiscal year, August 31, 1998. Estim tted completion of maintenance project is December 1998. PRIOR ACTION/REVIE 1 The City Attorney's Office has reviewed and approved this resolution. The Airport Advisory Board recommends approval of this agreement. FISCAL. INFORMATION , The City's fifly (50"/0) percent match of $17,778 is $8,889. Funds have been authorized for the RAMP grant in the 1997-98 Airport Budget. 0 t Ramp agendainroADc 32XI t.. i ~ • 1 l 1 i ' f.. .r. .:'n, ..n... .,n•w w.. ..:r.. w. ...rte... ~ " ~ . • '1 l EXHIBITS Amendment Number 1 Attachment A Resolution f TxDOT Grant Agreement CSJ AM 18DNTON ; I 1 Respectfully submitted: inda Ratliff, Director r' Economic Development DeP ent i . Prepared by: Mark elson ` Airport Manager t R rti \ 1 f. Z R~mp.agcnd,rinfo.doc 32 x L 10 0 - 01-ASIN, -6 r ~ r C ors a .~r. !•wra .a'm er. , »'..u.r «.x.>.•a. e...v rwwr.... s. . I ~ t TEXAS DEPARTMENT OF TRANSPORTATION 4f4 f AIRPORT PROJECT PARTICIPATION GRANT (Grant for State Assisted Airport Routine Maintenanoe) , Amendment No. 01 TxDOT C8J NumberiAKlODNTON WHEREAS, the City of Denton, hereinafter referred to as the "Sponsor", and the TEXAS DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State," have entered into an Airport Project Participation Agreement TxDOT CSJ Number AMI8DNT0N, executed by the Sponsor on February 18, 1997 and by the State on May 20, 1997, for the routine maintenance of the Denton Municipal Airport; and WHEREAS, it is in the mutual interest of the Sponsor and the State to amend said Airport Project Participation Agreement at this time to update the necessary maintenance items and extend the term of the grant for the new fiscal year; and NOR, THEREFORE, in consideration of the parties' mutual promises, the following amendment to the Airport Project Participation Agreement shall become effective upon execution of this Amendment by the Sponsor and the State. The Airport Project Participation Agreement is hereby amended by: ( a ) In accepting this Grant, the sponsor guarantees that ~ following completion of the project where airport lighting is { part of a project, the Sponsor shall operate such lighting at least at low intensity from sunset to sunrises and (b) Attachment A - Scope of Services attached hereto and made a part of this agreement. 4 r', All other terms and conditions of the agreement are unchanged and remain in full force and effect. ATTORNEY GENERAL OF TEXAS STATE OF TEXAS DEPARTMENT OF j TRANSPORTATION '.i Approved as to Form: Executed by the State: r t, BY: Byt 0 As£tistaht Attorney General ' Date: Dates tgr,x i AVN43019.FRM (10-4-96) Pagel oft 3 6 1. y x10 32x10 a e tow" 0 Y Attachment A Scope of services Amendment No. 01 to TxDOT CSJ Number AM18DNTON { PAVEMENTS $17,770.00 $8,889.00 10,089.00 GENERAL MAINTENANCE I PAVEMENT MARKINGS GRADING/ DRAINAGE MISCELLANEOUS r P I tl a Nam, "I MOWING $ 0 Total $17,773.00 581889.00 $0,089.00 The City of Denton, Texas does hereby rat 717 and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials z!tferred to in the foregoing Grant, and does heroy accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Grant therecf. Accepted this day of , 19 E The City of n-n_nn. Texan sponsor ti x Witness Signature Signature E Title Titlo" NOtc5' . x] i anadoi of (ap s o any spcciflcalions or variances as needed for above trope hems) I AV04701M.FRM 110-4-96) rRge 2 of t 4 32 x ❑ ~as» , Tt\WPDCCS\RES\RUKWAY17 .R f I rI _~~7 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FINANCIAL ASSISTANCE FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton intends to make certain improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is described as "improvements to Runway 17 Safety Area"; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation for these improvements; and WHEREAS, the City of Denton intends to name the Texas Department of Transportation 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi i SECTION I. That the City Council authorizes and directs the city manager, or his designee, to execute an agreement with the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Denton Municipal Airport. SECTION 11. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. I J MILLER, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY 9321?S~ FLO APP 0 ED A TO LEGAL FORM! V HE RT L. PROUTY, CITY ATTORNEY ~`<<Oi 6 B L9`.1p By t jf 5 ~i 1 ---~xla 32X111 ^ r Y I , e R _ TBA! DIPARTMW Of TWSPOISTATEOM ORALS! ►0R ROUTM AIRPORT IiAI11Td W= "M MM (hate Assisted Airport Routine Maintenance) T3d0! t!J NO.! AMIIDMTOM • I Past I - Identification of the Project TO: 'he City of Denton, Texas FROMf The State of Texas, acting through the Texas Department of Transportation This Grant is made and entered into by and between the TEXAS DEPARTMENT or TRANSPORTATION , (hereinafter referred to as-the "State";, for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the 'Sponsor"), WITHESSETHi WHEREAS, the Sponsor desires to sponsor a project for the routine maintenance of a public aviation facility, (mown or to be designated ae the AIRPORT'urder the Transportation Code, Chapter 22) and WHEREAS, the project is described as airport saintenenw at the Denton municipal Airports and WHEREAS, the Sponsor hereby applies for a grsnt for financial assistance and, desires the State to act as the sponsor's agent in natters connected with the project described above; and WHEREAS, the parties hereto, by this Grant, do hereby fix their respective responsibilities vich reference to each other and with reference to the accomplishment of said project. NOW, THEREFOR!:, for and in consideration of the benefits which will A accrue to the parties hereto by virtue of the completion of the project, IT rS M7TVALLY COVENANTED AND AGREED as follows ' i AVN4701JAM (10-1.94) Page I of 10 , 6 z5 1 q a 0 ?art 22 - Offas Of linanotal Assistance 1. For the purposes of this Grant, the annual routine maintenance Project cost, Amount A, is estimated as fc.nj on Attachment A, Scope of Services, and as found on amendments thereto, all being attached hereto and made a ;art of this Brant. State financial assistance granted herein will t-1 used solely and ex:lusively for airport ssintanance. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount S, will be for fifty percent (501( of the eligible project costs for this project or $10,000.00, which over is less, per fiit:al year and subject to availability of state appropriations. The sponsor may request the State to provide mowing services, such services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 1004 of costs of any mowing services. Scope of Services, Attachment A, of this Grant, ma; be amended subject to availability of state funds, to include any additions. airport maintenance we:k as requested by the Sponsor by written request and submittal of an Amended Scope of Services, Attachment X. Services to be performed under the amended scope will not be accomplished by the State i;ntil receipt of Sponsor's share of project costs 2. The State shall determine fair and ollgible prefect costs for work scope. Sponsor's share of estimated project costa, Amount C, shall be as found on Attachment A and any amendments thereto. It is mutually understood and agreed that it, during the term of this agreement, the State deteruines that it these IS an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of overrun by fifteen (151) percent or $2,000, whi<:hover is greater, and will advise the sponsor by latter of the increrss. Upon issuance of the aforementioned letter, the maximum obligation of the state and sponsor is adjusted to the amount specified. Should the estimated costa be exceeded by the fifteen (151) percent or $2,000, whichever is greater an amendment to the grant will be issued. The State will not authorize expenditures in excess of the dollar amounla identified in this Agreeuont end as referenced in the above ( paragraph and any amendments hereto, without the consent of the sponsor. t AVN1301.rRM 110-4-fel Page 2 of 10 7 7I`la: X1~ ' 32 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as heretofore stated. The Sponsor hereby grants to the State the right to audit any books and records of the Sponsor to verily said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance the project. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph III-S hereof. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at low or equity. The state will not participate in funding for force account work conducted by the Sponsor. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount d). Thi Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made hereunder by the State which are in excess of the percentage of financial assistance (Anuatt D) as heretofore stated in Paragraph II-2. S. Upon satisfaction of the conditions specified in Paragraph II-1 above, this Grant shall terminate. The ter( of this grant may be extended by the execution of ar. Amendment to the Agreement. 6. in accepting this Grant, the Sponsor guarantees thate A. It will, In the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grants and b. tae Airport or navigational facility which is the subject of 1 this Grant shall be controlled for a period of at least 20 yearsi and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all • types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and Shall provide adequate public access during the period of this Grants and AVN4301."X 110-1.11) Page 3 of 10 8 { e , p , d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The larding area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational eider and e. it shall not enter Into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the Immediate area of the airport. rurther, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception Is granted in writing by the State due to extreme circumstances, and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the Stater and g. the sponsor shall submit to the State anneal statements of airport revenues and expenses when requested) and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility, and I. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating • such a fund, shall be submitted to the State. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Rufd and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for s subsequent grant or loan by the State unties, prior to such subsequent approval of a grant or loan, sponsor hee complied with the requirements of this subparagraph, and j. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce coning regulati•ns to restrict the height of structural and use of land adjacent to or In the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. H 241.001 at seq. (Vernon and Vernon Supp.) . Sponsor shall also acquire an! retain avigation eesesents or other property interests in or rights to use of land or O airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for AvN4101.FM {10-4-e0 page i :f 10 4 • 1 32 X , M-0-1 a 0 I , M L I : J a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard coning ordinance or order approved by the State. 7. The Sponsor shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to 1 activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the state in litigation or otherwise resisting said claim or liabilities f which might be imposed on the state as the result of such activities by the Sponsor, the Sponsor's agents or employees. S. The Sponsor's acceptance of this Offer and ratification and adoption r' of this Grant incorporated herein shall be evidenced by execution of r this instrument by the Sponsor, as hereinafter provided, and said a Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Grant shall become effective upon execution of this instrument and shall remain in full force and effect fora period of 20 years. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. + , 1 4' 1 I~ 1 1 j ~ ~I, 4 L r. ~ y 3 lid! 1 ~ z ~ . t f r Avx9101.f9M 110-4-911 Page S of 10 ~.1. ~ r 10 ~f '32 X o -o PART III - Nomination of the Aq"t 1. The Sponsor hereby designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of said project, or in reimbursement to either of the parties hereto for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the state any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity) b. exercise such supervision and direction of the project work as ` the State reasonably finds appropriate. Whew there is an irreconcilable conflict or difference of opinion, judgment, { order or direction between the State and the Sponsor, and any I service provider the State shall issue a written order which shall prevail and be controlling) E i c. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts d.' ebtain an audit as may be required by state regulations) 3. Upon entering into this Grant, Sponsor hereby agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project, and which individual shall have the authority to make approvals and dissppcovals, and coordinate schedule for work items as required on **half of the Sponsor. 4. This Grant is executed for the mole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Parthermore, the State shall not be a patty to any other contract or commitment which the Sponsor may enter into or assuse, or have entered into or have assumed, in regard to the above project. 5. It is the intent of this grant! to not supplant local funds normally utilized for airport maintenance) and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 6. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. SS 241.001 at seq. (Vernon and Vernon Suppo. [aiiure to comply with the terms of this Grant or with the O aforementioned rules and statutes s'sll be considered a breach of this contract and will allow the State to pursue the comedies for breach as stated below. AVN4301. ram 110-4.161 page 6 of 10 4 I 11 j 25xE~[~ 32x~~ I ~ °+mer>e o { i I A. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the sponsor is unwilling and/or unable to ' comply with any of the terms of this Grant, the State, may pursue any of the following remedies, (1) require a refund of any financial assistance money expended pursuant to this Grant herein, (2) deny Sponjor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant herein, provided however, these comedies shall not limit tue state's authority to enforce its rules, regulations or orders as otherwise provided by law, 4 declare this Grant null and void, or (S) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is . specifically set by Grant of the parties hereto in Travis County, Texas. 7. The State reserves the right to emend or withdraw this Crant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 70 days after issuance unless extended by the state. S. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 9. All commitments by the Sponsor and the State hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including if S and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 10. This grant is subject to approval as to form by the A:tornoy General of the State of Texas. Past IV - Acceptance of this Sponaoe O The City of Denton, Texas does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constitutioq the described project and Incorporated materials referred to in the foregoing Grant, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Grant thereof, - . Executed this day of 19~. O . f The VLX Of ggeeee. Taxae Sponsor 1 AVN1101.r1v+ (10-4-961 Page 1 of 10 12 - i - h ~'1 M- 2 -5 x 32 x r p 0 t r } r a e t ~ 'r.YiYAf.70~i e 1 r I F., ~~-rt.-r-•-S witness , Signature Sign ure City Manager Executive S eretary Title Title { t Pert V - CertifiCete of Attorney „ N I, Miehaal A_ Aucek , acting as attorney for y Texas, do hereby certify that I have fully ! exam a the ocegoinq Grant and the proceedings taken by said Sponsor r relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant by said Sponsor, is in accordance with the laws of the State of Texas. ;e Dated at Denton Texas, this 11th day of Apr I 1 _ 19 97 Witness Signature Attorney Signature Legal Assistant First Assistant City Attorney Title Title 1 I IVU } j • AVN4301.!PM f10-4-961 Page B of 10 F 13 + `t I 0 f j 1• I i i , Past VI - Attorney Qonasal'a Approval This contract is approved as to form. a Attorney General Of Texas ay' C-/A- Assi nt Attorney General P` u Oatss rr/I ry~ y : Part VII - tea U*ft by t1M state i STATi Of TEM T 6PARTKW Of TRANSPORTATION ` i eys OwIA S Fulton, PM Amon DtAWm Tea D1040401 o! TroaRab bon Dates. L AYN4101.rRM li0-~-lp Page 9 of 10 14 25 ~2 X . C1 d \ e p I Attachment A Scope of Services TxDOT CSJ No.AM16DNTON i PAVEMENTS •11MAC S 0 S 0 S 0 EROSIONCONTROL S 328 S 164 $ 164 PAVEMENT MARIANGS S 421 S 21 I S 210 GRAUINCO)MNAGE $ 451 S 225 S 226 MiSCELL NEOU$ CRACK SEAL S 18,166 $ 9,083 IS 9,083 HERBICIDING $ 60 S 30 $ 30 MCWINv $ 0 Total 5 19,426 $ 9,713 $ 9,113 { Accepted by,. The City 0 //Oenton, Texas ~ponFebruarya18, 1997 Date Amendment Number lif applicable) Notes: (explanations of any speclficatlcns,or variances as needed for above scope ittau) ! t ~ I i` , AVN4301JRM (10-4.961 Page 10 of 10 I 15 .32 X IJ r` 0~~. CnTIFICATiCK of Animl I= 1, Kathy Du Bose Exec. Dir. of Finance - Name) (Title) do hereby certify that the General Fund Airport Fund has (Name o n) t been established for the City of Denton, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited f for eM b neeit of the Genera Fund Airport Fund and will not be diverted for (Name of land) other ge..eral revenue fund expenditures or any other special fund of the City of Denton and that all expenditures from the Fund will be solely for airport purposes. fj E r" Dated at City of Denton , Texas, this 26th day of (City or County) February lit~_• City e! n~nien ~ (sponsor) , ey$ ~acSt Title: Executive Director of Finance F ,z i Y ' I kk n: i r AVN4101.FMS (10-4-911 16 pp~ 25 10 10 ZIONISM I u t 6 i i td . r t 7 r ,L~ .I 6 • Qr L ~ t ~ Y; , 'Y r ~l' 1~ i t •~ri • r . 1' ~ t't i WOMAar`. , Y r , • 1 Dii2OMMON 01 SPCMSM-8 AOTd0 ZU 1lilp 5=Tj%=M f, Ted Benavides , Cjty Manager (Name) (Title) hereby designate TnA Henavidaa._r- Uy MADAGAr as the Sponsor's (Name, Title) authorised representative for T%DOT CSC Number ANISDNTON, who shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor. Thf SitdyofDar~n Ag caused thij7 a to be duly executed In its name, this y o _City at DaatOa fsponsocl By$ Titles City Manager of Denton f f ' d ;r ',r t r K S~ a •L } AYN4301, "A 1!0-4-041 'Ir It •VL. S ` I 17 I r t t ~ ~tC l I t f 4 ' ( ~ ~ 4 L t ~ v JUN-01-90 MON 09132 336866*.247767 17♦3e377e2 P.02 I RESOLUTION No. A RESOLUTION OF TtiS CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AIb17'NDMENT NO. 1 TO THE AIRPORT PROJECT PARTICIPATION GRANT FOR j STATE ASSISTED ROUTINE MAPI7 THE ENANCE BETWEEN THE CITY OF DENTON AND TEXAS DEPARTMRNT OF TRANSPORTATION RELAWNO '1'0 THE DENTON MUNICIPAL AIRPORT; AND PROVIDINO FOk AN EFFECTIVE DATE. WHEREAS, the City of Denton, hereinefter r OM4 to as the "Sponsor," and the TEXAS DEPAitntENT OF TRANSPORTATION, herein4v referred to as the "State," have entered into an Airport Pr0j0d Penicipalion Grant, TxDOT CSJ Number 4418DWON, executed by the Sponsor On February 18, 1997 and by the State on May 20, 1997, for the routine maintenance of the Denton Municipal Airport; and WHEJkrsAS, it is In the mutud interest Of the Sponsor and the Siete to amend said Airport Project Participation Grant at this time to update the necessary maintonenor< hems and extend the term of the grant for the new fiscal year; THE COUNCIL OF TI-f15 CITY OF DENTON HE'`EBY RZSOLVES: figlft 1. That the City Council authvizes acd directs the City MaMSV, -,r his designee, to execute Amendment No. I to the Airpm Project Participation Grant fnr nears assisted routine maintenance benroee the City of uenton and the Texas Department of Rransportation relating to the Denton %funiv'ipal Airporl. I SECMS 9 That this tesoiution shell bocome effeciive immediately upon its passag., and approval, PASSED AND APPRC VED this the __day of _ 1998, ,w lACK MILLER, MAYOR • ATTFSTr JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM. • HERBERT L. PROUTY, CITY ATT."kNEY • 18 32 L3 ' s U i i AGENDA INFORMATION SHEET AW& AGENDA DATE: June 16, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla, 349-7715 SUBJE - Request to Change Zoning (Z-97.034) Hold a public hearing and consider approval of a request to change zoning from an Agricultural (A) zoning district to a One-Family Dwelling, conditioned, (SF-7(c]) zoning district classification and use designation. The 32.745 acre tract is located in south Denton, north of Hickory Creek Road, approximately 1,500 feet west of FM 2181. Single family residential development is prrposed. The Planning and Zoning Commission recommended approval (5 - 0). BACKGROUND The . pplicant has request to change zoning on a 32.745 acre tract located north of Hickory Creek Road, approximately 1,500 feet west of FM2181, from an Agricultural (A) zoning district to a One-Family Dwelling (SF-7[c]) zoning district classification and use de;ignavnn, 0th tue following conditions: I • Individual lots along the eastern and western boundaries of the Frorvety shall be a minimum of 10,000 square feet; and the balance of the lots shall be a minimum of 7,000 square feet; 2. A buffer yard shall be required along the eastern and western boundaries of the property, to include the following: • A fence of not less than 6 feet in height; • A minimum landscaped area of 10 feet in width; • No less than one tr`e from the large and medium sized tree and one tree from the small tree list of the City's landscaping ordinance for every 25 feet of boundary. The Planning and Zoning Commission staff report describes the factors to evaluate consistency with the 1988 Denson Development Plan and compatibility with the surrounding development, • With respect to land use, density and intensity of potential development, the proposed change oft ,ping classification is ;onsistent with the Dentr•t Development Plan; • With the conditions recommended by the Con mission, the proposed change of zoning classification can be compatible with surrounding ^evelopment and zoning. i Public notice was mailed on May 15. IS^g, to nine (9) adj.cent property owners within two hundred feet of the boundary of the proposed zoning change. One reply form was returned in favor and one (1) reply form was returned in opposition. The written response In opposition represents less than twelve (11) percent ,f the land area within two hundred feet of the proposed zoning action. In addition, une reply form was returned in opposition from a property owner Q outside the 200 fo,1 required notice area. PRIOR ACTION I REV N' (Council. Bonr& Comm19sl9ns3 The Planning and Zoning Commission recommended approval (5 • 0) of the request o change toning, with recommended onditions, at its meet'ng on May 27, 1998. 75 K ❑ 3 7 x Q t Ir II f I O r f 1 h 1 ~i..i .r ♦ .n. r r.n- rn Arr. Wr wr lr MN..ILShM1fYIhMM"- N.sn». r.wrn ~ Ir..r.v. ~ r ~ r • 1 3 1 FISCAL INFORMATION None. I ATTACHMENTS L Location Map. 2. Vicinity Map. 3. Zoning Map. 4r Utility Map, 5. Mailing List Map. 6. Planning and Zoning Commission Report, Z-97-034. 7r Planning and Zoning Commission minutes from May 27! 1998, 8. Draft Ordinance. III Respectfullya mi avid Hill Director of Planning and Development Prepared by, N l nrt a c~ Mark Donaldson Assistant Director, Planning and Development t , er E a I ~ I 3 I ' '31 r~ a t G ` 2 F a 25 1 C1 34,X I O~. 4 LOCATION MAP ATTACHMENT 1 Z-97-034 r Site ; it L , ..nl rp ~ v~~ rl t v • 0 n I a 3. 2 x I~'~ y '~:°'l1 r, 1 32`x 4 VICINITY MAP ATTACHMENT 2 Z-97.034 i i • ,i Site Awd r i' McNair Elementary s0 r: , 1 IVY l r y~ 110 32X 1 of ti,,. i 1 ZONING MAP ATTACHMENT 3 Z-97-034 93 loo+ I 1 GP ' I I PD 22 i - i BTJ wr 1 r.rrwrrrrr ETJ ~ I I , A A . 1 SFrd . A E-7_ rrrww rrr .III L ' r ti ~ 11 1 Y~~- ~r~lA Y SF-7 Slo7 If r 1 1 51 0 i ~y.. Fy Tyu - N 25 x X32 x njfiL4mw ~r i r ATTACHMENT 4 UTILITY MAP Z-97-034 r ~ I SRO a C 7 y ' . Y 1 1 l~~11 ti 6. i ~ r lo 32 lo r O ATTACHMENT 5 MAILING LIST MAP Z-97-034 ~ L Y r ~ m { f. T-i Z+ d 1. i,~w C~ po ~ G Mi` ~ ~"t i ~ x ~ i x :r of ~ f Y : .fop r , y S r. A ~p yY. i 6 Ma t .f h ~ .M1 S.. i i" o.7X1 v i ,r. 1q" 4 } i f• e d . F Pi '"w,.Sr a ~t E j ~ * ..~~.,L ~ ~,y4 Nei 1• i ' x ~ A~ i 7f 77 v-w,- f r^- gliha 7 " i 0 f {1 1 n .a, r nikY 4m7"r r' 'G4 a1 [2X LYA PA PUMtS' RYt4Y S~ N .*::a 77x ixbcYM.•w' ~ a+ .a Acme Brick Co. P.O. Box 425 Ft. Worth, TX 76101 y Vista Verde I LP 25 Oak Forrest Denton, TX 76205 George T. Connell, Jr. R0. Box 541057 Dallas, TX 75354 George T. Connell, Jr. i 2351 W. Northwest Hwy #2301 Dallas, TX 75220 i Dwight Thompson Ministries 1655 East 61h Street Corona, CA 91719 Bobby L. Burton & K. Sasser P.O. Box 2905 Denton, TX 76202 ` Joel P. Austin, ELM 7803 Stonehenge Dr. Chattanooga, TN 37421 Centex Homes P/S r 2800 Surveyor Blvd. • Carrollton, TX 75006 Mildred Madrigal 19669 County Road 4118 Lindalc, TX 75771 r Helmuth & Barbara Alvarado 14232 Marsh Lane 037 Dallas, TX 75234 a 32XIa r 0 { s ATTACHMENT 6 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subl@ct: Rezone, A to SF-7(c) Case Number: 2-97-034 + Weatherford tract ® Hickory Crook Road Mark Donaldson Vglt: May 27, 1998 FERAL INFORMATION Applicant: Weatherford Company 4332 Hanover Dallas, TX 75225 Owner: Joel P. Austin 7606 Gloucester Lane r Chattanooga, TN 37421 Action: Request a change in zoning from Agriculatural (A) zoning g district to One-Family Dwelling (SF-7(c)) zoning district with conditions. Location and Size: The 32,745 acre property Is located on the north side of Hickory Creek Road, approximately fifteen hundred (1,500) foot west of FM 2181. I Surrounding Zonin and Land Use: OC III ZONINt3 LAND USE North: Agricultural (A) Undeveloped South: One Family Dwelling Approved preliminary plat for single-family (SF-7) residential. No development yet. East: Agricultural (A) Undevelopod. West: One Family Dwelling Approved preliminary plat for single-family (SF-7) residential. No development yet. • Denton Development Plan (DDP): Low Intensity Area, 0 • SPECIAL INFORMATIO(t( This property Is not platted. Platting the prop%rty will be necessary to develop the property. Required public Improvements will be determined during the platting process. j 9, I 75 x 10 32XI❑ MR LA LA q Ll Ma M M O 1 1 I i corM BACKGROUND April, 1988. Property was annexed into the City and designated as an Agricultural (A) zoning district In accordance with City policy. April, 1997. The Planning and Zoning Commission reoommended approval to the City Council of a request to change from Agricultural (A) to One Famlly Dwelling (SF-7) zoning districts. The request was subsequently withdrawn from consideration by the applicant after public notice but before consideration by the City Council. January, 1998. A different applicant requested a change in zoning from Agricultural (A) to One i Family Dwelling (SF-7) zoning districts. Staff pulled the Item from the Commission's agenda upon i recognizing that a request that was denied or withdrawn by an applicant cannot be considered again for twelve (12) months. February, 1998. The applicant's request to allow the zoning request to be considered was denied by the City Council. NOTICE Nine (9) property owners were notified of the request on May 15, 1998. One response has been received in favor. One response has boon received In opposition. ANALYSIS • The proposed zoning appears generally conslstent wlth the policies of the Denton Development Plan. See Enclosure 4. • Recommended conditions will increase the compatibility with adjacent land u3es. @E!;OMMgNDATION Staff recommends approval, with the conditions offered below, based on: • The proposed zoning is consistent with the Denton Development Plan; and The proposed zoning is compatible with other zoning districts In the area. Staff recommends the following conditions: 1. Individual lots along the eastern end western bounds,les of the property shall be a minimum of 10,000 square feet; and the balance of the lots shall be a minimum of 7,000 square feet; 2, A bufferyard shall be required along the eastern and western boundaries of the property, to include the following: A fence of not less than 8 feet in height; • A minimum landscaped area of 10 feet in width; • No less than one tree from the large and medium slzed tree and one tree from the small ll tree list of the City's landscaping ordinance for every 25 feet of boundary. MOTION 1 move to recommend approval of Z-97-034, with the conditions recommended by staff. 0 10. i 1 14N 10 32XIO V, . 1 0 ALTERNATIVES 1, Approve as recommended. 2. Approve with additional / fewer ! other conditions. 3. Deny, finding the proposed zoning Inconsistent with the Denton Development Plan and Incompatible with the surrounding area, 4. Postpone consideration to a date certain. ENCLOSURES 1. Zoning Map 2. Chronology 3, Letter from Mr. Weatherford 4. The Denton Development Plan Matrix i r. r , i A Y tl• ~ r ' Ser k~~i~Y~Q1 ii'µf~b'2111 r ?5 lagJ 32xrICJ 1rr 1 J, V . I ~1 1' ( 1 1, e i WWI" ENCLOSURE Zoning Map Z•97-037 PD 22 I I ETA rr _rr..rr rrr~.rr_rr._ I ~ a' rrrrr___rr ETJ i - c c- ~ •M A A .arr,.~.aw r ~ . SFa 1 i &Z 4 I w 4 ' r1 i ~ - I lf~.r.•r SF•7 SF-7 ".7 • 12. m~trnti ~I x 32x G rsw~ti , . O $VAWdWM p I ENCLOSURE 2 Chronology Z-97-}37 April, 1986. Property was annexed into the City and designated as an Agricultural (A) zoning district in accordance with City policy. April, 1997. The Planning and Zoning Commission recommended approval to the City Council of a request to change from Agricultural (A) to One Family Dwelling (SF-7) zoning districts. The request was subsequently withdrawn from consideration by the applicant after public notice but before consideration by the City Council. January, 1998. A different applicant requested a change In zoning from Agricultural (A) to One Family Dwelling (SF-7) zoning districts. Staff pulled the item from the Commission's agenda upon recognizing that a request that was denied or withdrawn by an applicant cannot be considered again for twelve (12) months. February, 1998. The applican"s request to allow the zoning request to be considered was denied by the City Council J • 1 . 25x~❑ 32XIO n s a~ ENCLOSURE 3 WEATHERFORD CO. A COMMERCIAL REAL ESTATE I A I i April 28, 1998 i Mr. Mark Donaldson City of Denton 221 N. Elm City Hall West Denton, Texas 76201 RE, Zoning request on a 32.5 acre tract on hickory Creek Road. Dear Mark, We would like to reinstate our zoning request on the above referenced tract for the May 27, 1998 planning and zoning meeting with the following conditions: I. The lots on the western and eastern boundary of the propcrty shall be a minimum of SF- 10,000 sq. ft. lots with the balance of the 1ws to be SF•7,000 sq. ft. lots. 2. We will agree to provide screenings or landscaping on our eastern and western boundaries. Please contact me if there is anything that the City requires at this time. Sincerely, G Mark Weatherford jV1 r. 14. 4332 Hanou cr • Dallas • Texas 75225 • Telephone 214 363.2013 • Fax 214 363.2098 • Mobile 214 728.1281 xis 32,X s , o ' ENCLOSURE 4 Denton Development Plan Policy Analysis Summary Low Intensi Area o"opment Ratrng Compared to patty Policy Comments significantly somewhat Consistent Inconsistent Inconsistent These areas represent primary housing areas In The proposed use is housing. X the City, These areas are planned to correspond to an The requested zoning will generate x overall Intensity of 66 less than 66 trips per day. trl r elay per acre, Developments must A site plan Is not offered at this time, maintain the character of Development must meet the Crv'a the area with landscape ordinance. A bufferyard x architectural design and along the east and west boundaries landscaping. Is proposed. Traffic design to ensure that multi-family and non- residential uses have There Is no muld-family or non- x access to collectors or arte gals with no direct residential zoning In the area. access through residential streets. Sufficient green space, recreational facilities and The new landscaping and park land X diversit/ or parks are requirements will be met, provided. Input Into planning by neighborhood No neighborhood was held. x associations It encouraged. Encourage and promote good urban design to enhance the aesthetic Not applicable. X quality and visual amenities along major entrance ways. low intensity Area defined. The primary purpose of these areas Is to ensure the overall lad use/ trsnsportaWn balance bq ccnlrolling the overall densty and Intensityof land use. Further these areas represent primary housing areas of the dty. Thus, these areas shouia emu~. sslze residential use instead of a mixture of residential and non-resldendaf uses. tF•'' ~ O. • lt= 15. , - - - - f ?5 x ~ 32XIO . Planning and Zoning Comri Ninules ATTACHMENT 7 r 1 May 27, 1998 LJ II( Page 24 of 58i like to speak against? Anyone In the audience thni would like to speak against? Staff, do you have any further comments at this time? Mr Reed No, staff reco,nmends approval. Commissioner PowellMr. Conners, you have an option here to use it N you have any further comments, Thank you. I will then close the public hearing and open We floor up htra for discussion and/or a motion. Ms. Garner: Mr. Chair? Commissioner Powell: Yes, ma'am, go ahead Ms. Ganzer I vi like to move to recommend approval of 2-98-025. M,,EngelbrachL. Second Commissioner Powell: We have a motion and a second. Is More any discusson on this motion and Ili second? I will call fors vote All votes have b,,on cost and the motion is passed five to zero , (5-0) Agenda Item 12 was removed from thu agenda. 12. Hold a public hearing and consider approval of the preliminary and F nal plat: of Lola IR•1 end OR-2 of the Preston Place Addition, befnq a reptal of Lot 8 of the Preston Place Addili The 0.80! acts property Is located on the southeast corner of Wasl Sharman Drive and Greenwood Street. Ths purpose of the plot Is to subdivfde Lot I of the Preston Place Addition Into two (2) Iota for efr e-family residential development. (PFR-98-011, Preston Place, Wayne Read) 13. Hold a public hearing and tonsillar making a recommendation to City Council concernlr,;; a request to change zori from an Agricultural (A) zoning district to a One-Family Dwsliing (3111`4(c]) zoning Nstrlol. The 32.745-sere tract is located In south Denton, north of Hickory Crook Road, approxlrnalafy ,500 feet west of FM 2181, Single-family residential development is proposed. (i-171i34, Weatherford, Mark Donaldson) 1 Commissioner Powell. We will move on to Item 13--hoid a pul lc hearing and cons making s rarommendation 11 to City Council concerning a request to change zoning from an Agricultural zoning district to a One-Famill, Dwelling zoning district . The 32 745-sae tract Is ;orated lo south Denton, north of Hickory Creek Road, approximately 1,800 feel west of FM 2181. Single-family residential development is proposed, Mr Dorieldsm. Mr. Mark Donaldson presented the staff report. Mr. Donaldson Thank you, Mr. Chair. In January of 1998, we hod this hem in your packets, and staff pulled 4 at the last minute when we real'ved that in April of 1991 a similar regc_st had been made and recommended for approval Through the Planning and Zoning Commission and subsequen0y withdrawn after public notice had basin made and a hearing had been scheduled for C8y Council kicking In a twelve-month waiting period for comparable zoning So, there has been a number of application's on this particular pro Party In the last thirteen months now, . and the applicat+on tonight Is similar to the one in January aycept that two conditions have been added. At the request of she developer and supported by stoft, they are that We on the vnetern and eastern boundaries c the prori anal be s minimum of 10,000 square feet and that there *11 be a landscape buffer yard also along troth I'm eastern anJ western boundaries this will help to provide for compatibility wlth the adjacent neighborhood, to to speak In terms of consislency with the Denton Development Plan, Mcluded In your poAet Ise matrix, enclosurs number four, and you will see that lt ts consistent In 0 sfees with the exception that no neighborhood meeting was r held t had a hard lime defining what the neighborhood was out there because it Is not vary intensely developed , yet in terms of compatibility with the adjoining areas, highlighted in 11e yellow are other properties that hove SF-7 zoning with pretty much the balanoe Of either agricultural or ETJ ur in the use of a couple of developments up O , here within planned developments. The hatched area Is the subject property, and a marks a continuation of the existing predominant SF-7 zoned district, All of these areas have preliminary plots In pbico, only the development immediately to the west has any Final plats ttiat have been approved, You nn see those on the map. Those lots are greater than the minimum requl ad In a SF-7 zoned dill That's part of the reason why the Applicant Is willing to condition the adjoining lots to this ores with the minimum 10,000 square foot size and. also, on tot eastern i, i i 26. 1 aaalYaa O ' Mail.a F anaing and Zoning Commission Minutes May 27, 1998 Pate 25 of 58 twunoary of the property, We also have some specifications for the buffer yard condition on the eastern and western boundaries that it Include a fence of not less than six feet In height, that there be a minimum of landscaped area of 10 feet in width arid that share be no test than one tree from the largo and medium size tree list and one tree from the small tree lir! for evey twenty-five feet of boundary. That will give us eight trees per 100 feet, four of them large, four of them understory to heir fill In and create a Irving wan. We have received a couple of letters in opposition, grid f WN circulate those. I have not been able to determine whether one of them Is within the 200-fool radius yet. It Is from a name lha! does nut show W on our mailing lid, but we will do that prior to taking It City Council. Are there any questions of me? Ms, Apple: I have one, Co nmissioner Powell: Ye;, I have one but you go first, I Ms Apple: Okay; Mark !t there a location may? Do you hove nne? There wosnl one provided. Mr. Ounsidson: On the omr Pape of the staff report Is, . Me Apple: Need a magnifying glass. MrD,nadsom a very small one. Ms. Apple: Yea; eon you Identify the .made for is? Mr. Donaldson: Yes; I con do that on this zoning map. This is FM 2181 here, this Is Hickory Creek Road, and the most predominate landmark In the area Is McNair Elementary School, located here, Ms. Apple, 1 am +nrry-where v m McNair? Mr. Donaldson: Right here. Ms. Apple Okay, Those location maps are helpful, Commissioner Pcr all Any other questions of Mr. Donaldson? I have one. Mark, this Is a generic question; n Is not meant to reflect on this Me at an. But why do we call U a ftnca In these buffer zones? There Is not any way to maintain It H-I o'11 not say 'no way.' but k is not likely to be maintained and lances on multiple Properties lines are not maintained in genorsl; and they look worse than no lenoe In my opinion allot five or tlx yeah. Why do we continue to (bat.-7 Mr, Donaldson. i came! argue vAh you there, On the western boundary of the property. It is probably Important from a marketing Pont of view in that the area up here K owned by Acme Brick and actively quarried for clay, They have an access easement alorp this property line, to M Is used occasionally try heavy trucks-40 a fence I"& to make sense there Commissioner Powell Yes, air, If would In that cote Yes, sir. . Mr. Donaldson: On the eastern boundary--I do not know, Texas seems to be a plena for good fences to help make , good neighbors But the long-term malnlenance It certa'ny a prob!em, especieny 0 the individual owners do not take over ownership N them Our preference would be to create a densey, vegetated Ming wall, and probably you can bee that the fame fa kind of an Interim step In that. By the We 8 starts to fan over, you have a dunce to hove i landscaping in place that will create that living wan, Commissioner Powers lhank you I, again, did not mean the r reflect on this property at an. Anything else for staff d this time? Would the applicant hike to speak? Mr. Weatherford Hero, my name is Mark Weotherfard.4332 Hanover in Danes 0 Comm ssioner Powell; Thank you, Mr. Weatherford. J Mr Weatherford'. Here is a description of the prop"; Ir Is an actual survey, This snows M the heavy ye'iow thM 8 would be SF-10 on our western boundary and SF-110 on our eastern boundary and SF-7 In the mkldle. You can see 17, 1.0 32 X ❑ y _ ummmmmm& sesames 0 Planning and Zoning Commission Minutes May 27, 1998 ;r Page 26 of 58 j the depths of these leis; sausay these over here WIN be more than 10,000 feel Just because of the configuration of the lend on that We, Then we have a landscaped area In here and also over hen on this eastern side. So, are there any questions? Commissioner Powell : Not from me. Are there any other questions? I was going h, say-you could put 8 on the screen then everybody could get a handle on N. Mr. Weatherford: In this area right In and then right In hen is SF•10, You have SF-7 over here on this west side and sg over here on this east side Than tea SF-7 would be In the middle You hove SF-7 some the street hen end catty-corner. The landscaping would be on the boundary lines themselves. Commissioner Powell: Any other questions of the petitioner? Thank you very much, sic. Is there anyone to speak in favor. Anyone here to speak in favor? Anyone to speak against this proposal? One at a time, come on down. Please glue us your name and address, sic. Mr. Burton: Bob Burton, 2313 Hickory Creek Rood. This is my property here, and my main concern Is that ft seems like this whole ace"'s great development-but this Whole area just keeps down suing and down siting to i smaller homes. We have a future home over on this aide hen that Is going to be a {400,000 hone. We have dta prvoM that I am on, at this point Is appraised for $300,000. Back on this area, which you cannel sat at this time and another ores, there are homes that its even twice that value. We have a major, major traffic problem as N is right now. If you an see, 01 may put this up here, I do not know 0 you an see this pail, Hickory Creek Road right het"ll the way bock from Hickory Creek Road in the morning and in the evening, traffic backs up on the way to my property as ft e. We are talking about probably forty to My vehicles and k Is a major, maps problem, Until they get this road put In this program here, all we are going to do Is create more problems with the oongested area here. The other problem that we hive Is-you cans" the tines on this flood plain. I have Wee to four foot of waster that ` drains off the front of my driveway. When Acme Brick releases water over more, I hove three to fow fold of water at my gates that t ant even go through. Now, lost year they put some cuW to reed door hen, pretty large cOvorts- still did not do any good, I know there are plans for this, but there needs to be some big plans on building some type of retention pond or whatever to make this hoppm. We Mrs got-I Just totally disagree that 5100,000 or $120,000 homes ere rat going to work this well, 0 they are $130,000 homes, the biggest part of the POOP44 wo going to buy lower and of ft homes. I have two-thirds of this that I will see nothing but moll surrounding my entire property and I Just do not think that N Is fair. I think that we mood to all be able to have snimals, horses, and Nye the country thing napperi g haa-ne we do rat have that at this point. It Is W going away. I have some concerns about what they are building-whether they have a rear-entry garage coming +nd If is going to be front entry Instead of a rear. I have eoneems to make sure that Waste, curbs, gutters, 111i feneNg--the buffer Is something that we had brought up before, "to eliminate the problem of seeing nothing but homes when you are sitting In the front of your home I think N Is ; oing to take the value of my property and drop 4 quite a i Those are my concerns, and I need your support to hap me Eicher have them build better homes-you noticed f trod of homes that on back over hen In this area, they may be zoned for 6F-7s, but they are some pretty mks homes They are anywhere from $180,000 to $250,000 homes. If we could roll with that, then N would be a litany 4ftrard story, Bud all I see Is that we keep down sizing these homes, and N W Just gong to gin worse and worse. That is sat 'gym I have 10 say . Commissioner Powell: Thank you Mr. Burton: Thank you n Commissioner Fowek Ned, i Ms. McDmlel', HI, my name Is Koren McDaniel, and I am the trustee for the property that is directly on the.,. Commissioner Powell Excuse me, Ms McDaniel. Could ,ou glw us your address pease? Ms. McDaniel, M aA1~e!! la 'a"6 S / pY9 s G..v, r, csrrolNon ~ ! Commission:,: Powe' Tnmk you 4 Ms McUsnlel, but 1 own the end, and f am IM trustee forthe land teal a Just on the elhef aide of the property., ~w a e o Planning and Zoning Commission Minutes May 27, 1998 Page 27 of 58 Commissioner Powell: Yes, ma'am, we understand. Or 1hesd. T. Ms. McDaniel: so, we have some major concerns. One Is going to be the food managenient the traNc Is , another one; and also the aesthetic appeal of what is going on In this area, We just vehementy oppose this oddRlan. Thank you. Commissioner Powell: Thank you. Is there anyone Nee to speak against this. I saw three hands at one time so I am just pushing It a little here. Mr. Keys: Mr. Powell, I'm Kent Keys, and 1 own the prop" to to west of this. 1 am at 3324 Belmont Is my address. I own all of this over here on the west side except, of course, the Acme Brick piece over here. We own the Oaks of MoMacto, and we do have SF-7 zoning. As you remember, when you wars on the board and Rudy was on the board, we come to you and brought you SF-7 zonkg. Really, the reason we brought you SF-7 zoning was to try to bulk some larger houses on some nice krts. We were using SF•T zonino for tres preservation, and we were trying to move IN houses around to save some Its" It gloss us a smaller aka yard sod a smaller front yard. So, we had a definite reason for doing that, and N has allowed us to have a nice neighborhood over there. I think M you guys have been down through there and hove seen that lately. It kooks like a nice of". We have houses mainly from 1185,000 to {300,000 out there, So. 14 a nice nsighborfciod sand A Is becoming n". It 4 on l ongoing project. I think what-1 am not odu* soft that I am opposed to this pun, because they have done what we have asked IMm to We did ask them to put SF-10 beside N just to have some type of buffer. I think what we are coil convened about in that neighborhood out then is that, as you guys know, we have a lot-4 do not know what Syntex and ooffmon and Brad are "ing across the street -but there Is a major amount of new houses going on Hickory Creek Road. I know that you guys cannot control In Planning and Zoning what type houses they build. That's an irrelevant point rally; however. SF-7 zonkg does bring in more density, more houses and more traffic which Is a concern of that whole road down through there, right now. TIN we get some more traffb and some more volume, that is going to create more intensity trips and more traffic down through there They have lessened the Intensity trips than what they were originally asking for. Of course, they were eskkg for SF-7 for the whole thing, But we do have a let of SF-7 on that road already; so, the viability of more SF-7-4 mean, that's In your hands, You guys are the ones Mat are going to have to deebe that. Ore" that I did just have a question about when I did this slmllor-1 am the one that advelly come up with this 10 on each side, whom we ware talking about this, because I did the some thing over on a property that becks up to Monteoll We wars trying to down zone going towards the mobRe home park In that direction and that seemed to work well for That. But we had to tone i nun SF-10 and SF-7, and the later that I received the other day did not stele that this was zoned SF-7s and SF- 10s That is not what the ordinance that lam reading hos on t; N just has 7s, "I do not see anything on then that guarantees us that this will stay 10s So, what I see could happen k thet this could be zoned 7s tonight and N you pass the ordinance as written, you could haw 7s and In the final plat they cook come bank with all It. it kooks i, like R to me;1 do not know why they could not, because I do not see... Commissioner Powell, We will address that. Mr. Keys: because I do not see the conditional zoning on here with the 10s on the buffer on the thing that I reoeNed. So... Commissioner Powell, We will address that hers Mr. Keys . so, I would like to make sun that that Is at kcal on then. Commissioner Powell , Thank you, sic. =4 Mr, Keys. Thank you c j Commissioner Powell , Mr. Donaldson, could you help us with that, and 1 have got another k k lam that I would like for you to help us wth. 0 i Mr Donaldson: The notke that Mr. Key mentioned is not the ordinance, The ordinar a Is yet to be wri and will f be prepared for City Council, but staff has Included the two wridlions that we would akach to this reoommendation, d ' and then they would be built fight Into the ordinance Itself as conditions of tM zoning. One of them says that kodlviduat We a" the eastern and western boundaries shall be a minimum of 10,000 more feet, f' tl" 19. s'. t K I ce J4 A *an" O VON" Planning and Zoning Commission Minutes May 27, 1998 Page 28 of 58 Commissioner Powers, There was a tot of discussion here tonight tram people opposed about traffic, about flooding. about water, about things that I would assume would come later in Ina process, But I do not believe that the folks up in the audience necessarily understand that those items are not part of zoning and will came later in the process If I am right, would you explain that to us and therefore [a them. Mr. Conamson. You are right, Mr. Chair Issues of drainage and tre iii are moil closely associated with our pletti ig process, which is retardation of the actual plat map, It is at that lime that we know spedfics about any proposed subdivision, how many lots there will actually be. SF-7 zoning simply establishes a minimum lot size, not a naxlmum, They could, In fad, come in here and plat five-acre lots 0 they so desired. With to sped to the damage, those issues have to be addressed at the platting stage, If the drainage study Indicates that retention or d Mention ponds have to be built In order to satisfy outland development regulations, then they will be. They w1 be dale prior to any development of land as for as Individual building permits being selowed. Traffec Issues will also be audressed. We are in a situation that. In order to Improve rude without raising taxes, we actually have to ena-xage 05velopmenl because we can get them to pay their felt share and actually more than their fair share in some uses, Each of the developments along Hickory Creek Road has been oun"i.itirig to a fund, which win be used to signalize the intersection of Teasley and Hickory Creek. Each has been selling aide additional right-of- way that will be used for road expansion when It becomes necessary. Each has been raqukad to do acceleration and deceleration lanes as determined by traffic studies Those Issues come farther along in the process once specific development proposals are made. Commissioner Powell. Thank you very much. Any other questions of staff at this time? Mr. Engetbrecht, I Just have one, and 144 not think to ask the IndWlduals who spoke DO you know whether the individuals that came down here and spoke have In fact talked with the applicant? Do you hove any knowledge of whether they have? Mr. Donaldson: I best ask the applicant. Mr. Weatherford, Yes, sir. We have spoken with an of them except for maybe one. Mr EngNbrecht, I assume you would make yourself available at this meeting to talk with any of those Thank you. Commissioner Powell, Is there any-boy, eh, boy-is there anyone else that would like to speak against this? Ma'am? Ms. Sasser I am Kathy Sasser at 2313 Hickory Creek Road Commissioner Powell. Thank you fills Sasser One problem that I had Is that our friends up there, the MaDaniels, were not notified, and I had asked Merit-I talked to him this afternoon--I was wondering what the ground rules are on this they ay you have lobe within 100 or 200 feet? Commissioner Powell 200, Ma. Sasser, 200 feet, Writ, everybody that lives out there or owns property out there are an within the 200-feet rule from that property. Yet, we were the only ones notified and the Connell and I banevs you noYod him N his office, So, that Is Just the question that 1 have-wondering why not everybody Is notified an [his That is why there to a couple of people that are not here. Also, just on the tend, M is be. -tilul country Ile Ing out there, and I feel that K they want to come in there should defindely not be any 7s d an. I am not even happk with the 10s They should @I least come in and keep lf the comfortable country look that is out there so fee. At East do one- to two-acre plots with some nice homes on them and blend In with the rest of everything that Is going on 0W there. Thal M an I have . to say l 0 ~ Commissioner Powell. Thank you very much. Me Donaldson could you speak 1014 notice aluelbn, please? I thought I saw a whole slue of people that had been notified M there. Mr Donaldson. We notified nine, and I win Not read them-Acme Brick, Vista Verde LLP, George Connell, Dwight Thompson Ministries. Bobby and Kay Burton, The Jackson Co" of Ministries, the Tuckers, the Madragils and the 20- 1;, • Cl 32X10 • o cearsa i Planning and Zoning Commission Minutes May 27, 1998 Page 29 of 56 Elderados. My understanding of the map 1: that it does, In fact, Include all of the properties within 200 feet of the perimeter of this property. Commissioner Powell: Anyone else to speak against the motion; speak against the application? Okay; we will give Mr. Weatherford a chance to rebut here. Mr. Weatherford: I tierieve that our plan is realty consistent with what is hoppenirg in the area for the future- Gagman end Broad across the street and Syntex catty comer from u" is what is going to happen In that area and we think that we are consistent with that. Commissioner Powell. Thank you, sir. Anything to oak of Mr. Weatherford? Thank you, ek. At this time, I will close the public hearing and open the floor up here for discussion arWor a motion. Ms, Apple Mr, Chalr, I would like to common[. i Commissioner Powell: Yes, ma'am. Ms. Apple' I am very sympathetic to the neighbor of this property out there, being kf a some" similar situation myself. As I was so aptly told--unfortunately, you run the risk when you purchase property near undeveloped areas, h Is coal kind of the nature of the boost. I really think that this looks like a good plan to me because I do think that M Is consstent with whet Is out there and what Is going in, and I think that M Is s good ooncessbn doing the 10 bit on the outside and putting the 7 In the center. In Aeu of that, I move to recommend approval of Z-97-034 with the conditions as recommended by staff. Commbsioner Powell, We have a motion on the floor; Is there a second? Mr. Moreno, I'll second Commgsiomer Powell, We have a motion and a second on agenda Mom 13. Is there any further discussion from the Commissioners or questions? Mr, Engelbrecht Mr. Engelbiecht Just a comment that I am glad yw brought up eerier, The trafAC and drainage are certainly going to come with development: however, they will be addressed of the plalfing stage, Stem Ir already cadminly swore of what Is going on there and Is following that area very closet, We ore, in this cMy, managing drainage much more carefully than we have in many years eartier, which Is what Is causing us to contend with a lot of things these days. Thank you Commissioner Powell Any other questions or comments from the Commisabners? If not, I wit cal for a vote, M Ave have been test; l is five to zero In favor. (5-01 14, Hold a public hearing and consider making a recommendation to City Council concerning the annexation and Boning of a 30,320 acre tract, and a request to change zoning from Agrlcullurel (A) zoning district to Commercial (C) toning dletriet on on 11.464 acre tract. The proli is fouled In northwest Denton, north of Highway 77, east of its Intersectlon with 1.35. Commercial devolopment Is • proposed. (2411111-099, Rancho Vista, Mark Donaldson) Commissioner Powell, We will go on 10 Item 14 we will hold a pubic hearing and consider making a recommendation to City Council Concerning the annexation and zoning of a 30320 acre tract, and a request to change zoning from Agriculurol zoning district to Commerclal toning district on am 11.454 we trod The property Is located in northwest Denton, north of Highway 71, east of Its IntersWIon with 1.35. Commerolal developmenl is proposed Mr, Donaldson • Mr. Mark Donaldson presented the staff report. , Mr. Donaldson: This site Is at the Intsrsectlon of Highway 77 and 1.35 In northwest Denton Commissioner Powell. Excuse me Mr. Domaklsort. Sir, ma'am, please. Thank you. Yes Mr. Donaldson. 2a. 2Kl 32XIo , a 0 h I , I ~Z I ! ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) "ZONING DISTRICT CLASSIFICATION AND USE DP"SIGNATION TO IHE ONE FAMILY DWELLING, CONDITIONED (SF-71C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH TWO CONDITION'S FOR 32.745 ACRES OF LAND LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, APPROXIMATELY 1,500 FELT WEST OF F.M. 2161; PROVIDING FOR A PENA%n, IN I'IIF MAXIMUM AMOUNT OF $2.000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the Weatherford Company, on behalf of Joel Austin, initiated a change in toning for 32.745 acres of land from the Agricultural (A) zoning district classification and use designation to the One Family Dliselling, conditioned, (SF-7[e]) zoning district classification and use designation; and WlIFREAS. on May 27, 1998, the Planning and Zoning Commission recommended approval of a change from the 4gricultural (A) toning district classification and use designation to the One Family Dwelling, conditioned, (SF-7[c]) toning district classification and use designation with two conditions; and WHERF'.AS, the City Council finds that the change in zoning will be in compliance with the Denton Dc%clopment Plan; NOW 711FREFORE IEIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the toning district classification and use designation of the 32.745 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Agricultural (A) toning district classification and use designation to the One Family Dwelling, conditioned, (SF-7[c]) toning dl,irict classification and use dcsignalim under the cumprchensise toning ordinance of the City of Denton, Texas, subject to the follomsing conditions 0 , I rndisidmil lotx adjacent to the western and eastern boundaries of the property shall be no less than 10.001) square fret and the balance of lots shall be a minimum of 7,000 ] square feet; and 2. A buffer yard shall he required along the western and eastern boundaries of the property, to include a fence, a minimum landscaped width of 10 feet and no less than ` one tree from the large and medium s'red tree list and one tree from the small tree list of the City's Landscape Ordinance for esery 25 feel of boundary. SECTION 11. That the City's oflicial zoning map is amended to show the change in zoning district classification. ~ti y ICJ 32xID .1171!\ 0 ' . 1 r SECTION [I[. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violaled shall constitute a separate and distinct offense, SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published] in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day, of 1998 { JACK MILLER, MAYOR fi ATTEST, JFNNTPER HALTERS, CITY SECRETARY E31': APPROVED AS TO LEGAL E ORM: IERBERT~L.IPROUTrY, CIEY ATTORNEY BY: r~ ' i 1 a 1 I r ^r ~ i'•r • it la s r sioRI QUI PI'I(jt (oa thwwmrm OrJ,Mme, 0A/.97.p4d,x i IN, i o { 0 • I I E)GHB117 A i F1sLO NOTES 12.748 ACRE4 . B1:tr4o.I tthd tarbin tot trod «wroa al send sltualed h ~..~awe ~I.1 AbWad Number1018, Hanlon Caxty, Tea, bohV 1 patio(!half WA* Inot"M lend dn«1bW In deed from J.L. Modlowo to Joseph Pat Hoot;4 old reset' Shrbn Fley4ood, w0ded In VA w 881, Pella 182, Nod Reowtif, Delft County, Texas, and baln8 non portlcutxty described as follow BEGO NIN3 al an Won rod sM for aww In the South Ike of WAmy O."k food, a pumc MO&My. Solid poled bebv to loudmM Varner d oobkh bad of tend commeysd by deed km Villa %Wds 0 to Wells Verde 1, rnerlfad UWW Clerks FIs Nwrdhw "410011"0. Real Prop.ny Rwor*, Dwmn County, Tenn. Sold Point alao bskn0 the wW*W awns of the N. Brillan sravSy, Ab*mA 0ornbsi 51. THENCE N 01' 21' OO' E, 1770.421«1 will to "M Ire of sold Vk& Verde I Wwal to an bon rod eel Ow comer, SaId point bake to niOnr.st eorr►r at lhd ud* Paled of lend to ww* by 4W from t o*W T. Ow" Jr. W t7aVA Thornpsolr A4pteNMa, inc. ncoidod In Volurne 2134. Po" 430. Real flrepsety Records. Barron Candy. Tow, . . IAMB N 88''10 60' E. 1163.71 fool with Said wA Irw of Sold Dwight, T hompson Mk*b%o bred to on ion rod found for ettnlr; Mims 6 s3' 87 31' E. 23.71 feel W Ih sold soup Irw of sold Thonrgon k4nisbin bfd to an bon red found Mt oarhx In ft lRedl Wo of 0e! owbkt 6" of land ootwsyed by deed Arm Waller I. Pa der b Ob L: 6~ M4 K*q" 646W recorded wide CWV* File Mnnber 111ROb1882:J. Real fsrepertlr Records. Do. County, Teen: "MCE 8 04' 20' Or W. 11OA7 Mel with sold went Are of .Sid,BWrloh and $sawr tract No on kon rod rornd for owner of on Ww of M sold 1lurion and snow frock THINCII N 80' 31'1 G* W. 225.18 fnt'whh s north Ike d Sold Burton and Swor lrecl IS an Iron rod found for corner M a natMnM comer of sold "n -4 and THENCI 6 03' 20' 04' W, 010.84, Mat rAlh the west Ina 3( "Id Burton wd Saaw bed to on Non rod round for too. r d a southwest omw of aid Button arx suw kw; THINCI S 80' 20' M' E, 02,88 IoM W8h a so(M Ina of Sold &dm rd Box Ind to on Mon rod found for oemsf al on kuw ON of sold Burton and saner boot; THANCII 6 00' 44 OV W, 707A0 Mot %Ah the WSM Ina of :ild Burton and 6aesw tree b on Nan rod oM for comer In Seal south Ike of sold Hkkory Creek . Road end In tM north one of the S. Vsntst surrey Absbad Number 1316: THENCE N s r 45, OO' W, 0Sr.00 feal with std earth Ina of Said Road tond with Ssid north Iris of Sold Voror Surrey to M PLACS 004 UOIMWA and omW*q 32145 serge M lend. C. My MCUM nu'.Qdio CilL97-01,,doe 32 X i Q n i • i EXHIBIT B ZONING MAP Z-97-034 ' r~l w• 93 - r ! • ''>d i ~ ~ G ~ ' PQ j 22 i w ^rr_r.rrrwwrr^_.... . rrrrrrrrr ETJ A IT- 1 EtZ ..wrr^wrr -44 t ~r I, Owy boam mlt Qd a aooee t-11-03/ da { 25 ICJ 32XICI Nam ea 0 ,sc~rr:.raa r EXHIBIT A ` FIELD NOTIS 31134E ACRES EEINO IA vi at arbin tot "d or peal of load btksbod In M ~klp! ~WY f' Abdrtd Numibar MS. f3a+km County, Telco, being 0 pot of 44 ttMMh na oI end deeadbad In dead from J.L MWv M b JOMO hW HoVicio tlnl wo Salon HoyEood, reoofuted In Volune 881, Papa 782, OW RaOada, DeI#on , County, Tom, Ind being rnae PaAioudary desorW as b80+n: BIG# "d an Iron rod eat W. wnir In Ee tlo+N Ina of Hk;bW Cnek llo~d, s p4k ivedvioy, eak pole bAV IIu IouMwW ow rw d that oKW hoof d UM Wmi yod by dad kern View Verde II b Vita Verde I, raordrad wldor CMrka M Nwrrbw 44.ROO89008, Real ar= Records, Dona, Ceu*. Toe, ale pert also boN due wuMrast to M d 1M N. ScOon SWM, Abohd Oh+rrl>w 81; THENCE N 01 21' W E. 1370.42 tau ViM Ow eat And cif bold VM11 VU44 I root b on non rod ant 1w wrier, Mid poled bekq In wAv*ed Oconee 411* m%M trod of end oorvwM by died kin Wapo T. UarnA Jr, b Dolph ThvMW MWANe, kw. neeorded In Vokere 9138, Pope 430, Red Repent Roma. Dor,Fm Coma 'oxos; THENCE N 85040' GC' E. 118+,'1 fat with a'd 00A Oft at odd Dwlphl, Thompson wilisuNs bat b an Iron rod found for w1w; TN44CI 8 S3' BT 31' E, 2831 real whh saW wA Ire of ak1 Thwnupson Iran rod kund for wnev In Via "d 111114 Of 1111141101111,111111111 "d of ministries hd to fs ow"oo by ndlow om Waller E. Parker to Bobby L. Bww fad K*ttn Sasw raerded under Clerks FIN Number O 3, Red P(DWV Records, Dadon County, Tenn THENCE 8 08' 28' or W, 110 a7 fool with sold west Me of "W Oulon and Stow WA to an lion rod Found la wrw N on Irwnr ell of told &Am and Saar 4nn; THENCE N 88' 31' 1 S' W, 228,18 fai'wtlh a norlh tins of oak Ilk ten and I~ recl b an iron rod fowl kx corner It I norM+weM eertwt Of "W bubo and baser rect. THENCE 103' 20' 04' W, Moo Ia1 with 1M wool Ik,e d ail Bubo and Sasser hsot to an Iron rod found for corner at I MuEtM+al OOrrrer of "W 134xbn end Saner Dad; Q THENCE 8 W 20r 44' E. 82 661* with 190A Noe Of MW Will Iaaer bed to on kon rod found for sortter d an Inner 01 d old Durkin and 14aw Vaal; TH.INCI 8 0S' 44' 00" W, 701.00 W. vft the wet One of iik OWIM and 94osor bed to an Iron rod sst for tearoom In aid so* Ike Of SAW Hkkary Creek Rood wW In the rortl+ line of Zhu 8. VomW Sunny Abe4ad Number 13% Q THENCE N for 45'00' W, VA 00 feel wMn add wuth firm of add Road sod with sold rw% One of uW Venter Sunny to ttw KACI OF IEOfIff8N0 and tonUlnkq 32.748 gene of lend. C :My Da umeni, (Nips ctiI 91•074 due 24 1 32 Ira , R , ~ Y , O 1 K9HiNY 0 E ' 1 EXHIBIT H ZONING MAP Z-9T-034 . ju. 93 Q - a PD j 21 r ETJ i i - - - - - - - - - - - - - - - - - ' ETJ i l A i I A I ~ S SID SF-7 SF-7 00* i a 1 C N1r [7aumenuWrdlnmM191-0J~.do+ 25. 5 0 32x 10 s , o I 1 AGENDA INFORMATION SIIEF.T AOMaNO• .3e--a 123 Date - AGENDA DATE: June l6, 1998 DEPARTMENT: Planning Department CM/DCAUACI II: Rick Svchla, 349-7715 E13JF.CT - Z-98.022: (Demon C'omninniiy Hospila4 I fold a public hearing and consider rcroning 4.873 acres from a Multi-Family One (MF-1) coning district to a Planned Development (PD) zoning district. The property is legally described as the southern Gvc hundred and twenty-six (526) feet of Tract 288 of the Eugene Puchalski Suit ey and is located between 1.35 North and Bonnie Brae and Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex. The purpose of the rezoning is to provide additional parking. office space and a helipad for the hospital IIACKGROUID This property is located within a Moderate Activity Center as defrt,tj by the 1988 Denton Development Plan, It has remained undeveloped since being designated a Multi-Family I IMF- 1) coning district in 1969 by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton, Of the live (5) property owners notified, one (1) response was received on June 5, 1998, in favor of the rezoning request (see Attachment 3). The proposed zoning is consislcnt with many of the policies of both the 1988 Donlon Development Plan and the 1998 Denton Plan (see Attachment 1 - plan analysis). !1lcl9pmeni peahen C'omrriittee Ilic Development Rcvicw Committee (DRC) worked closely with the applicant to develop detailed and landscape plans for the creation or a new Planned development (PD) zoning district than would comply with all local toning and subdivision regulations. Through the tevicw process, hus issues were brought forward, specifically landscaping and vehicle access. * I7ic lack oftrees on this site presented a challenge to the developer to meet the Landscape Code (sec Attachment 9), Moreover, because the proposed parking lot is the single largest component r of the site plan, providing for two hundred and thirty-one (231) parking spaces, staff directed the applicant on the requirements for interior parking lot landscaped islands and medians, As a result, the landscape plan exceeded all requirements, providing ninety-three (93) trees or nineteen (19) trees per acre, sixty-sevcu (67) shrubs, and 315% pervious surface after construction (sec Allachnicnl 1, Enclosure 4) Stuff 116 vehicle access was especially important due to some uncommon geographical a limilatiuns of the site Most notably, the property is landlocked, preventing direct access from a public road (see Attachment 1, Enclosure 5 -Fire Lane and Access Map). This restriction i rcquires all vehicles to drive across surrounding property, such as the hospilal, to get to it. Further conhplicoting the issue, the original site layout included only one (1) driveway near the northeast corner of the property that crosses an existing drainage channel. This provided adcquule but not safe ci culation on to the site in slap's opinion, The Development Review 1 1 75X1 32 xn' o a,smas~ ~ I Committee reasoned that emergency response could be impeded if the driveway was blocked off for any reason. However, it could not require the developer to do provide this second driveway, as the local subdivision regulations do not require more than one driveway. The DRC strongly recommended to the applicant that a second access point be provided from the Denton County I Mental Health and Mental Retardation Center (M.H.M.R.) property to the north for emergency vehicles only. Plgnniniz and Zoning Commisslon Consideration of the detailed plan and landscape plan before the Planning and Zoning Commission revolved around these same two issues. Landscaping was a topic for an all-together different reason than in staff review. Commissioner Engelbrecht expressed his concern that scven(ccn (17) of the proposed trees located to the north and south of the helipad could jcopardire the safety of tclicopicrs as they approach the helipad. The applicant indicated to the Commission that both the Federal Aviation Administration (FAA) and CarcHile, which will operate the helicopters, were satisfied wllh "all operational issues in the design and construction of the helipad;" including the site and landscape plans (see Attachment 6). Considering the applicant's statement, while a4A,mwledging the Commission's conceti, staff suggested an altemalive would be to substitute the proposed trees, which are medium and large trees on the approved tree list in the Landscape Code, with smaller trees that are listed on the approved tree list too. Tables 11 and 1.2 demonstrate haw this substitution would reduce the mature height of trees located to the north and south of the helipad: Table 1.1 Uri inal Tree List Table 1.2 Substitute Tree List 5' Saw tooth Oak GU' 7777 `rl'illow Oak G0' 0' Black Gum 50' 0' FlowerinPear 30' I5' d tiers ore limited to small trees a The selecte included in the landscape planby the developer. As originally proposed, the (allesl tree would measure sonic sixty (60) feet and the shortest would be thirty (30) feet. In contrast, the Iallcst substitute tree specie would measure only twcniyfive (25) feet. Even with seventeen (17) f6ver trees, the t+rojem still meek the requirements of the Landscape Code with a total seventy six (16) trees or 15.56 trees per acre (see Attachment 5). i The second issue that concerned the Planning and Zoning Commission ",as vehicle access onto the properly. As with die Development Review Committee, discussion focused on the safety of vehicular trallic on to the site, The applicant indicated they were willing to provide the second access point, bet that it had been a matter of ;ccciving approval from the adjacent properly owner, lie stated that the Denton County M,IIAI R, Center's Board of trustees had recently • voted to aulhorile its Executive Director to negotiate and execute an agreement with Denton Community Ilospital to facilitate the construction of a limited access drive onto the subject A • property that would allow (hem to meet staffs request (see Attachment 7, point 43). 7. 32XOE 9KRaK~ Elmo" ! 1 le a -1 l rJt . o. . ,aN wav,s?:.1s•~59hrY147tkM #s40.1Lt2NU`4aLt/1M1p47 .YpllwdlRa.~ernMM.~mwdew.r,•w w~. , r PRIOR AMOMINJ .W(Council.Boards,Commissions] ; The Planning and Zoning Commission recommended approval (S-o) of this zoning request on May with the following two 2 conditions, ' Y 21 1998, i ' 1. That the seventeen (17) trees to the north and south of the helipad be removed to ensure the safety of the helicopter approach to the helipad. + 2 That a second access drive be provided from the Denton County M.H.M.R. Center property for emergency service provider vehicles. The detailed plan was amended subsequently to reflect the conditions recommended by the Planning and Zoning Commission (see Attachment 4). 1 ATTACHME ! l . Planning and Zoning Commission Report, May 27, 1998, Z-98-022. i 2. Planning and Zoning Commission minutes from May 27, 1998. , 3. Property Owner Responses (1). 4. Detailed Plan (revised as per the Planning and Zoning Commission conditions). 5. Landscape Plan (revised as per the Planning and Zoning Commission conditions). 6. FAA and CareFlite letter concerning helipad safety. 7. Denton County MHMR Center letter concerning a second access point, 8. Draft Ordinance. 9. Photographs. Respectfully b cd: ~ Hill Director of Planning and Development Prepared by: JJ , Wayne ecd Plan nerI 1 , ' 0 ~ fl Pt.,j ~ F ~qy, 10 >xovm 0 a ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sublect: Denton Community Hospital Case Number: 2-98-022 Staff: Wayne Reed, Planner I Dili May 27, 1998 GENERAL INFORMATION ~y Applicant: Carlo Silvestri, Weir 6 Associates 4108 Amon Carter Blvd., Ste. 200 SITE Fort worth, TX 76165 rr a ,-~t Owner: Denton Community Hospital 207 N. Bonnie Brae- ---1. - Denton, TX 76201 Action: Consider making a recommendation to the City Council concerning the rezoning of 4.873 acres from a ` -_J-} r _ Multi-family One (MF-1) zoning - 4R "i• district to a Planned Development i (PD) zoning district and a detailed plan allowing for office space, parking and a helipad for the Denton Community Hospital. figure 1. The site is located in the west part of town to the east of 1.35 North and adjacent to the Denton Community Hospital development. The Commission Is being asked to determine the appropriateness of a zoning change from Multi- family One (MF•1) to Planned development (PD) based upon the intended land uses permitted on the detailed site plan required for the zoning district. Therefore, in addition to considering the consistency of the proposal with the 1988 Denton Development Plan and the 1998 Denton plan policies as with other rezoning requests for straight zoning district classifications (e.g, Single-Family, Office or Commercial), the Code of Ordinances states that the Commission shall recommend approval of a 0 detailed plan if it finds that: (1) The plan provides for a compatible arrangement of buildings and land uses and would 1 not adversely affect adjoining neighborhoods or properties outside of the plan; (2) The plan provides for the adeouate and safe circulation of vehicular traffic; and (3) The plan Is in substantial comb i once with the landscape, sign, subdivision and other t➢ regulations of the city, or, If nor, it offers corresponding benefits that merit deviation from those regulatlnns. This staff report will first present nocessary Information to evaluate the consistency of the proposed e ae ol. rz s~a't R?pmt mx. 4. ` )!i K ~Q 32Xd r I . 0 Q I aaea!ar I development with both the 1988 Denton Development Plan and the 1998 Denton Plan Policies. It will then provide an outline on how the detailed plan for the proposed office space, parking and a heliped meets the above criteria as well as the requirements of a detailed plan in order for the Commission to find basis for its motion. LOCATION AND SIZE The 4.873 acre site is located between 1.35 North and Bonnie Brae and Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex (see Enclosure 1). SURROUNDING LAND USE LOCATION _ZONING 11~:1D USE North: General Retail (GR) Denton County M A.M.R. Center South: Multi-family 2 (MF4) Apartment complex East: Office (0) Denton Community Hospital West: Commercial (C) Undeveloped property PUBLIC IMPROVEMENTS: This development will be required to make Improvements to the existing drainage channel running north-to-south along the east property line (See Enclosure 3). Public casements have been obtained to service the property. The subject property is not platted and will need to be platted prior to any development. @9~K-K~R4l~Pt4 Jamvary 14, 1969 - The subject property was placed In the Multi-family One (MF-1) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton, N911~ Notice of the zoning request was published In the Denton Record-Chronicle on May 17, 1998. Five (5) property owners were notified of the request on May 18, 1938. As of this writing, there have been no (0) responses. No neighborhood meeting was held. s , DENT ON DEVELOPMENT PLAN (DDPI ANALY813 Staff finds the proposed developmment to be consistent with the 1988 DDP. This area is contained within Moderate Activity Center N 117. Moderate Activity Centers are Intended to emphasize a diversity of land use devolopments and to place jobs and housing In close proximity to one another. • 0 • Fifty percent (50%) of allocated vehicle tripe are being used by present lend uses. A total of 229, 975 trips are permitted within the six hundred and fifty-seven (657) acre area. This means that 115,027 trips are unallocated for future development. I 2 OD 072 DT 51a% Arporl !Mc ar._ 5 K El 3 2 x I U 0 The proposed development relates to seven (7) of the fifteen (15) Boa's In the 1988 Denton Development Plan: 2. Promote and encourage balanced growth so that development takes place equitably In all planning areas of the city. 4. Promote the Jevelopment of a stably and diversified economic base to generate Increasing job opportunities and a broader tax base. 7. Encourage a spatial pattern of land use development whloi reduces the cost of public services and Infrastructure. 8. Promote in-fill development within the Loop 288 corridor to secure maxln,.um utilization of existing services and Infrastructure. 10. Improve the design, Image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping In new developments. 12. Promote land use diversity to encourage housing and community facilities in .;lose proximity to employment centers. 13. Promote the development of a land use pattern conducive to the successful Implementation of a mass transit system. The proposed planned development does not conflict with any of the remaining eight (8) goals of the DDP, DDP MODERATE ACTIVITY CENTER ANALYSIS A summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Moderate Activity Center Development Rating vs, Policy POLICY COMMENTS In%nonn"entnt tncrA nt consistent Intent These creas are intended to The proposed oMce Will serve to expand { erxouroge a diversity of land use )obs In this moderate adlOly center In developnrnts that pla,e fobs and housing dose proxlrtNty to residentlal X In dose provlmily to r ne another. neigtdnrtaods located to the east of tN hosotal, _ Intensity Standard. Moderate ANvlty Alowed Intensity • 350 Mps/aae Centers shad have a standard vehide trip Alocated Intensity m 1,706 trlpsi 4 nteri or ISO tips per dry per grori Detailed site plan for the 1,113 aae site arse (Vd/ac). Blows for a 38,000 A. ft omce building. X Trarfk generation per de/ is expected to Q to be 1,373 Vps. This represents only 0096 Y of the titers allocated intensity, Diversity, land use diversity Is dented Dias uses other than the dominant IoM X uses In the area suds as commerdal, retail, lpht Industrial, and office. ;.00.012 D1 S!;r`f Aelort duc 6. 7 ;32XIO r I 0 ' sales" O M"WM Denton Development Plan Policy Analysis Summary Moderate Activity Center Development Rating vs, Policy POLICY COMMENTS I iA t i etnt Car tent Hlgh-Density housing, Multl-family Not appikabte. housing is encouraged In these areas, Including manufactured housing. Low Density neighborhood Housing Detailed plan provides for bufrehng Protection. Single-famlly residences between the oMa development and the should be protected by strict Ott design mulb-family complex to the South. X control, Including setbacks, buffering, and landscaping. Strip Commercial, The plan This office development makes use of encourages ~ nrers of business i lty Int0or blodt property that has no street X Mile discouraging strip w r"rdal frontage, development e PENTON PLAN POLICIES ANAtASIS; A summary of how the proposed development relates to the policies of the Denton Plan: Growth Management Cateaorl e Development promotes efficient use of existing Infrastructure. e Increases economic diversity and improves the tax base, e Consistent with the goals of the comprehensive plan. 7ransnortation Cate~tory i Not nppticablo. Stormwaler Drainage System Category a Improves existing drainage Infrastructure to Improve stormwater runoff. a Minimizes erosion by using development safeguards established by the Landscape Code. 0 Water and Wastewater System Catacorv a Develops and maintains properly and private Infrastructure, a Promotes In-fill development, avoiding new line extensions. Electric System Cataaory 0 e Utilizes undergruur,d electric service, 0 0 Solid Waste Catagury j f a ^Ja: applicable, j 2 .96 mJ DZ 5r„4 pert, dog 7r "t, 2S 32x10 l • solve" 0 , Parks and Recreation Catam • Not applicable. Environmental Quality Catacorv • Demonstrates a reasonable effort to conserve natural habitat on-site. Neighborhoods Gataaorv • Not applicable. Housing Catacorv • Not applicable. Economic Diversification Catacorv . Expands the City's tax base. Gov©rnment Catacorv • Not applicable. Urban Design Catacorv j • Preserves and provides trees and landscaping In excess of Code. The proposed planned development is not in conflict with any of the above policies. DETAILED PLAN ANALYSIS: 1 The submitted detailed plan provides all required Information as per the Zoning Ordinance; 1. Acreage. The acreage In the plan as shown by a survey, certified by a registered surveyor, Provided. The development Is situated on 4.873 acres. 2, Lend Uses, Permitted uses, specified In detail as determined by the department, and the acreage for each use, Provided. Permitted land uses will be a 38,000 square foot office building, partdng « lot, and a helipad, 3. ON-sde Information, Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the disWct to the surrounding properties, uses, and facilities. Provided, ~ ~ • +~YI I Z 99 022 PZ SWI PeNd doc 8. K 10 32JO .a o 4. Traffic and Transportation. The location and size of all streets, allays, parking lots and parking k spaces, loading areas or other areas to be used to, vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the li proposed uses. Provided. The detailed plan provides two hundred and thlny (230) parking spaces, i including eight (8) handicapped spaces. This exceeds current requirements set by Section 35-301, vehicle parking regulation, of the Code of Ordinances which require a minimum of one hundred and fdty two (152) parking spaces based upon the square footage of the office. The additional spaces will be used to provide additional parking for the existing hospital facilities. Access onto the property Is to be provided by one (1) driveway via a bridge located at the northeast corner of the property. The Development Review Staff (DRCI sfronaly encouraged the developer to provide a second access for emafgm service providers (ESP) from the MHMR groggy to the north In the event that the main entrance across the bddae wA9 blocked durino @n amglpencv. However, the final detailed plan as submitted by the developer does not show this second access point, 5. Buildings. The location, maximum height, and minimum setbacks for all buildings, and If nonresidential, the maximum total floor area. Provided. The office building will be a maximum of thirty eight thousand (38,000) square feet and no more than three stories (3) tall. 6. Residential Development. The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density). Provided, No( applicable. 7. Water and Drainage. The loca:'on of all creeks, ponds, lakes, floodplalns or other water retention or major drainage facilities and improvemenli Provided, The existing drainage channel along the east property line will be Improved. 8. Utilities The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided, 9. Trees and Landscaping. The location of all protected trees and a landscape plan as required by the city's landscape ordinance, Provided. The proposed development exceeds the new landscape mquirements for trees per acre and the criteria for pervious surface Currently, there are no trees on this site, The developer proposes to provide nlneiy-three (93) trees, translating e Into nineteen (19) trees per acre, In addition, a iota of sixty-seven (87) shrubs will p be located around the parking lot and building. MinNum pervious surface to meet Code (20%) Is forty-two thousand and four hundred and fifty-four (42,464) square feet; the landscape plan demonstrates that the )ot will have sixty-nine thousand and eighty (69,080) square feet '32.6%) after construction. 9. 4~; 32 x~~ ARM ~ r ' O 11 h aaeaaa 10.0pen Space. The approximate location and size of greenbelt, open, common, or recreational areas, the proposed use of such areas, and whether they are to be used for public or private use. Provided. Not applicable. 11. Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Provided. Buffering is required along the south property line to screen the office aaivity from a multi-family complex. This "buffer" will consist of large trees, small trees and shrubs, running the entire length of the adjoining area. 12. Signs. Location, type, and size of all signs regulated by the city's sign ordinance. Provided. No signs are proposed for the development. 13. Sidewalks and Bike Paths. Sidewalks or other improved ways for pedestrian or bicycle use. Provided, None are required or will be provided, save for around the perimeter of r• the office building, because the property has no street frontage. Staff finds that the detailed plan provides for a compatible arrangement of buildings and land uses and will not adversely affect the adjoining multi-family area and the other properties outside of the plan and the plan demonstrates substantial compliance with the landscape, sign, subdivision and other regulations of the city. However, rt,; sfafrs posdion that without a second access inf. the delakd fan provides oa y adegia(,R circulation for vehkular trgfirc. but not safe circulation. RF,CQMYU1QATLOJH Staff recommends approval of Z-98-022, Including the rezoning request from Multi-family One (MF-1) to Planned development (PD) and the proposed detailed plan for an office building, parking lot, and a helipad, with the condition that a second access point be provided for emergency use. MOTION I move to recommend approval of Z-98-022 with the condition that a second access point be provided for emergency use. Irk ALTERNATIVES 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 1 4. Postpone consideration. 5. Table Item. , ENCLOSURES 1. Location Map. 2. Zoning Map. 3. Detailed Plan 4. Landscape Plan 5. Fire Lane and Access Map. 1 98 02191 • Ir7 APP0f40X ~.~rta;~~ x lJ 32 X~~ I r i t ENCLOSURE 1 NORTH Z-98-022 DC.NTON COMMUNITY HOSPITAL 1` 1 1 1 f1 1d-~w t r 1 ~ 1 11`.1' \ r t 1; i , 1 EWAN haw= vloiff Z6 LOCATION MAP Data: May 27,1 8 see o: one 11. t 2~ , 32X y 1 ENCLOSURE 2 NORTH Z-98-022 DENTON COMMUNITY HOSPITAL I.a a~ A SF 1 ~;a 1 r. 5ITE ,,O 6E 1 1. 0 { y R ' ub rt ~ ~ MF'1 1 1 wa:a r , RAW II 3 • ZONING MAP , o Date: May 27, 1998 Scale: None 2 5 x Ll 32 x r; I i r k ~l • I, r r mow, ~ y: • + ENCIASURE 3 i ,st ill;li~' if ~E I PP r 4 s *I; ~ 1 ~ ~ r UIIfiRllllll` I I r ~ ~ 1 1 r I -L • F , r, SNM ANDPARTNEAS Maw 13 . , ti.•fnl Irk ~Nw.i ~Y.. rryr .~N~nNIrr~W/.M a~.MIr r ♦ ,'.i , I1tl~<^r~'~~~a. 2~i x !0 32XIO Impel" •l F ENCLOPURE 4 r • rr 1 1 fill { 1 i F^ . 1 i 1+1 Si ;1- ! - ! ! . rnr. f F. 1 r. 1 -44 V"k 1 , r 1 }ir-a ® ~5f{gM'SMR1iM1DP,AAf_Tt_ERS ~ Or.r+rn M.IIr11 dIN /Jiew'1~ /NfNMr'~.J•tudMll~Nalr.li 1 CMMM1 TI.M If! ..r. 14. T ~5 f 32 x N a O r ENCLOSURE 5 NORTH Z-98-022 Denton Community Hospital) DENTON COMMUNITY HOSPITAL It Z U) • r OFF111 Q x f j i SITE • i i 1 1 FIRE LANE AND ACCESS MAP Date: May 27, 1998 Seale: one 115. - `f 1- 25 10 32XIO o I f ATTACHMENT 2 Planning and Zoning Commission Minutes May 27,1996 Page 16 of 58 l I ~'1 The Commissioners adjourned for a break. The Commissioners reconvened at 7:27 p.m, 10. Hold a public hearing and consider making a recommendatlon to the City Council concerning the rezoning of 4.873 acres from a Mutti•famity One (MF•l) zoning district to a Planned Development (PO) zoning district ant a detailed plan for the property. The site Is located between 1.35 North and Bonnie Brae and Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex and Is legally described as the southern five hundred and twenty-six (526) fact of Tract 288 of the Eugene Puchalskl Survey. The purpose of the rezoning Is to provide Adilional parking, office space, and a hatlpad for the Denton Community Hospital. (Z-08-022, Denton Community Hospital, Wayne Reed) Commissioner Po"i Okay-n is 7.27 p.m.. We overstayed our tweak a led, but we are ready to start back up with Item 10, Item 10--hold s public hearing and consider making a recommendation to the City Council concerning the rezoning of 4673 acres from Munkfamiy One zoning district to a Planned Development zoning district and a detailed plan for the property. The ode is located between 1-35 North and Bonnie Brae and Scripture Street and West Oak Streal, directly west of the Denton Community Hospital complex and Is legally described as the southern five hundred and twenty-six (526) feet of Tract 268 of the Eugene Puchalski Survey. The purpose of the rezoning is to provide adddional parking, office apace, and a helipad for the Denton Cummunny Hospital. Mr. Reed Mr. Wayne Reed presented the ataff report. Mr. Reed. Thank you, Chair, and good evening to all of you. Tonight as you have already mentioned, we are considering a zoning request for a site that is located to the west of the Denton Community Hospital as the location map damonstrates. The property h currently zoned multi-family one, and Nis surrounded by a multitude of different zoning districts and land uses. To the south, we have a multi-family two zoning district with an existing complex, which runs along West Oak Street. To the west side, there Is a large, undeveloped property zoned for Commercial. To the north is [he Denton County Mental HeaftWenLl Relardation facility, As I said before, with the location map, the Denton Community Hospital is located [o the east and that is also '1e applicant or !fro owner for the PD zoning district here, For the Commission tonight, in addition to considering a rezoning, 1 would tike to make you aware that you should also consider three factors when approving this detailed plan. Or you should look at three factors, which are pointed out in our oode, On page one of the staff report on the bosom, I summarized the section from our code. The three factors include-lust, the Commission should consider 0 the plan provides for compatible arrangement of buildings and lend uses and would not adversely affect adjoining neighborhoods or properties outside the plan. I will jump to the Third-the pan is In substantial compliance with the landscape, sign, subdivision, and other regulations of the City , The second point-which Is the most Important, and I will refer to later on In my presentation-is that the pion provides for the adequate and safe circulation of vehicular traffic. So, I just wanted to bring that to your attention since I will be referring to this part of the code. This particular development will provide a number of public: improvements, Most nolaby Is a drainage channel, which runs north to south along the east property line With the :evelopment of this property, this channel will have to be improved to connect continuously with the properly to the north and with the channel alignment on the south end of the property. Public easements • are being granted end i any development can occur on this, the property would have to be p4ded. Staff mailed out a number of notices, zero of which have been received beck, So, [here Is no response to public notloe, This particular development Is consistent with both our 1988 Donlon Development Plan and our current 1998 Denton Plan policies In particular, I will talk about some detailed plan analysis, Aa I was mentioning just a brief second ago about the crneris which you should consider when approving this detailed plan, a detailed plan needs to provide traffic and transportation Information, As the picture of the detailed plan demonstrates, this particular sits plan or detailed plan which was the final version submitted by the applicant demonstrates that access Is being granted at the northeast corner of the properly The entry actually crosses over a small bridge as well which goes O over the drainage channel, With this one entrance, the Development Review staff Informed the applicant that we C • strongly encouraged a second entrance. The reason for that b V err.srgency service providers in the case of an t emergrncy. It was stalls position that 0 this one driveway was blocked, that the emergency service providers could not gain ectess and that was a risk to the public's Matti I'll show now a previous version that was submMed ; that shows where a second access was proposed. This previous detailed plan demonstrates a second driveway entrance onto the property. AS staff discussed with the applicant and the developer, this would be used only for { i 16. I 32 X o ,e+es:aer ' o x; Planning and Zoning Commission Minutes May 27, 1;98 Page 17 of 58 emergencies so there would be a gate across this entrance which only the emergency service providers would be able to amass or rat through. This was acceptable to staff, particularly the Fire Department. On the final plan as I have right here, that particular acceu point was removed. So staff strongly encourages a second acce:a p1e14 Nowhere In our subdivision regulations does staff have the authority to require them to provide that, However, because the criteria that you review and consider and approve for this detailed plan Includes whether or not the plan provides for 'adequate and safe circulation of vehicular traffic,' you can condition the approval of this detaMd plan with the motion that it include a second access point as demonstrated on the previous detailed plan. The office building on the site here is limited to 38,000 square feet and will be no more than three stories tag, Another feature of the detailed plan-since the enactment of our new tendscepe code, this plan demonstrates a landscape plan that exceeds our requirement. The applicanS shows that they will provide 93 trees, which is 19 trees per acre, and that 62 u% of the total site will remain prrvous. The staffs recommendation is for approval with the condition that a second access point be pravided. Commissions Powell; Is there anyone who would like to ask anything of Mr. Reed? If not, then we'll ask the applicant if he'd like to speak. Could we have your name and address, siO { Mr. Silvestri: Good evening. My name is Carlo Silvestri. I represent Weir and Associates, a civil angineering firm representing the client. We have-our address Is 4104 Amon Carter Boulevard, Suite 200, Fort Worth. We also have in attendance Tim Charles, CEO of Denton Community Hospital, and we are both available to answer any questons that y'an might have In regards to the proposed zoning change. Commissioner Powell. Are there are questons at this time? Mr. Engelbrecht? Mr, Moreno? Mr. Moreno: What's your reeling on this second access that was discussed by staff? Mc Silvestri. With regards to the access, we fell that since it was not a requirement that it would complicate things having to go nW door and having to sttach a drive between the two. We felt it would be a simpler plan fiwe Just provided the r. •a through the existing facility that is owned by our piece of property. The hospital owns our piece of properly, and we felt that was s simpler solution and since it was not required, we fell g was not necessary. Mr. Moreno, It for some reason that bridge is blocked by a traffic occident or whatever reason it may be, how are you going to get emergency personnel over to your new building? Mr. Silvestri. We understand the concern in that regards, and it's an excellent pool, We had brought up several a;enarios in that regard-that we could make the main entrance Into our development larger so that, 0 a car or something did block g, we would have enough room to get another vehicle through tlrore That was an option, but 1 staff made the recommendation to make the access to the north, There Is also a pedestrian bridge that will be part of the proled that could access across. i Commissioner Powell Anything else of Mr. SiNe rln? Yes, Jun. Mr. Engellbrechk The helipad-what criteria was used to design that In terms of its location on the ground and gs kxation in respell to the bulldinys and the landscape requirements in terms of the trees and other aerial obstructions, such as lighting on the parking l of? Mr. SiNfistri. Carrel, IN start with the pad size-it was recommended that we have M at 45 a 45, that was ■ recommendation by Care Flight who wig be using this facility, They're not the owner, but they wig be the ones that will be using Ills helipad They made the recommendation o(45 x 45, and that's how we determined the size. The location within the addition _eea was also discussed with them. They came out to the site and made a reconnaissance flight into that area In addition to a field observation, They made their recommendations--on one of them we are working with the City about putting the overhead electric undergmind, We are going to do that. Wave lathed to Don_ Mr EngeVecht, I was going to say Mr Silvestri, That is In the process. We are taking are of Thai. And with regard to !wilding and adjacent features-that has oil been approved by them. So, we're not doing anything that Is hazardous cr could dar Ago anything in that vicinity . Anything that we have in Me flight pattern has been approved by Care Flight, and they wig be the ones who wig be getting FAA permits 17. { M~' c~ K o 4 n , f Planning and Zoning Commission Minutes May 27, 1998 Page 18 of 58 Mr. Engelbrec:M: They've agreed to this? Have they seen the parking let with landscape and exactly where the tight poles are going to be. You said they did a M over, burl there was nothing there. Mr. Silvestri: Rght. I understand that. Yes. They are very famNiar with this project, and they have been with us through this process. We do have a letter from them pretty much addressing your concerns or any concerns y'an might have in that regard-that they have been In it's process wnh us: and yes, they have seen all this. They have approved n. 0 something does occur where trees are In the path or to font, we we move the trees. We wie not jeopardize the fight pattern in regards to trees or so forth. They are in conformance with us. Me. Engelbrecht: Are they required to have a permit from the FM before they can fly in and out of that site, Do you know? Mr. Silvestri: Yes: I believe so Mr. Engelbracht: You believe so? Mr. Silvestri: Yes They are. Me Engelbracht. They are. i Mr. Silvestri We do have to have permits from the FM Yes. i Mr. Engelerecht Do you know what the FAA looks at In terms of assessment of the she before they grant the permit? Mr. Silvestri: I am not 100% familhr wRh the FAA regulations, but from my dealings with them, they do look at both existing topegrophy and proposed, They will look at the height of the proposed bultding In addition to the location of the pad adjacent to any exalting utititles, and so forth. We have been working with them as dose all possible on this particular site of the harped. We hod to mow from arather site on the arse to this site because of that reason. We're trying to make h more accessible for their flight path. Mr. Engelbrecht: f assume their fight path win be north to south Mr. Silvestri: Correct. j Mr. Engelbrechl: That's why I was wondering. I not cad that you had put a number of trees in that green space on E the southern side, and could you put that other one up there please? Around the parking kM and also on the oath side and I was-It ?us. concerns me that, and I'm highly In favor of landscaping and our landscape ordinance and I'm very happy to she Cars Flight coming, I just gAstion whether we ought to be putting trees In whorl Is In essence the flight path Mr. Silvestri, I understand your corimme. We have and we will. M order to get ft permit meet fit FAA regulations In regard to height restrictions in that matter. H a tree becomes a problem, we oould mow n to a ;TM deferent location N that concerns you. But what we have shown two works with them. I just want you to know that. o Mr. Engelbrecht: f understand. Ill I address that from" standpoint that-you know, I'm not a plbl--but 1 talked to were pilots who Ay they'd rather come In on an angle then straight down and with what you've got there, you're going to have to come in and hover down because there are obstructbne both north and south, whkh-I doml know-we might be able to anminate Mr. Silvestri. If we could ellmleui a few of those trees, we'd be glad to do that. We were lrykp to meet the current / landscape ordinance ll o Mr Engeibreehl. Ch, I know. I understand. It's not you. We have an ordnance, and you're trying to nn up an Ii o with the space , T'het's fine, I understand, Thank you. Thank you very much, That's an I have, Commissioner Powers, Any other questions of Mr. Silvestri? I guess I have one, I guess I have W. How do you , plan to get somebody from the helipad to the hospital? 18. M. f n 32 X I t~ A ' o , Planning and Zoning Commission Minutes May 27, 1998 Page 19 of 58 Mr. Silvestri: We see proposing a, I donl kno"'s hard to see hers There is going to be a pedestrian bridge that will be crossing the proposed channel, and that's how-as someone comes In, they will come down that sidewalk + Into the hospital. The emergency facility is right-I don't know it you're familiar with the hospital-ft is On the south side of the hospital and that's how they would go from the pad to the emergency room, or wherever they need to go. Okay? It would follow pretty much the same pattern here. The bridge will be probably in this area night here where they would cross over. Commissioner Powell: But it's a pedestrian bridge It isn't something that you could go over with an ambulance, Mr. Silvestri: Correct: and we also have the other access that they could pull with an ambulance If they needed to or some other type of vuhicle right up to--that's why that ;ergo area Is being paved In order for that vehicle to pup up to the helicopter and pick up whatever... Commissioner Powell: Let me preface the second question by saying that I don't have a reputation around here for going along with start very often; boil 4 bothers me that you would propose this without that second entrance when staff has been dear that they #"lit p was necessary and the common was point of view is that it would be necessary. Accidents happen all tho time-drhieways and roadways get blocked with can on pre or whatever, and No that's when a fire truck has to get to you or on ambulance has to gat to your offic" happens. It doesn't happen often, b R it happens; and It Is Inconceivable to me Shot you would propose this without having solved bowl prob;em. Mr. &Neslri: At the time when staff made that approval, we werenl certain that we would be able to get permission from our nest door neighbors to get that access, That is the reason that we didn't put k on there to begin with. Alter they made the recommendation, we felt that, if we didnl have to approach them and possibly delay our project, that N k wasnl required, we wouldnl provide It, That's the only reason why we have not provided Met access because we fell that may hold up our end. The hospital Is needing this additional parking very soon, and In order for the process to take it's ton, we were needing to he" this detailed plan at this P&Z meeting, The MHMR staff meet once a month, and we were uncertain we would be able to get their permission by then. If lt'o absolutely necessary, we have been In contact with them, and they are M favor of 4-4 No absolutely necessary that we add that to 0 At that time, we did not know 0 we would be able to get thew approval on that, to was didn't want to recommend something and go through the PdZ process ary then get approved and have the t and then get denied later on and have to go through the whole process to amend our detailed plan, That's the only reason why was took , that off-more for an affect k would have on our schedule Commissioner Powell: Thank you. Any other questions? Mr. Moreno. Ouastion-is the proposed secondary access by staff-Is that the only akernat"? Is there another way In or out that can be thought about or looked at? Mr. Silvestri: We thought about k. That seemed like the only akern"s really that would make sense. There'll nothing to the west of us Sittig east Is where we're already accessing, To the south is apartment complexes. So, that would be the only secondary some that would make sense. r x Mr. Moreno: Question for staff. If No appropriate-the secondary access rood that you've talked about goes through somebody else's property-Is that what I'm hearing? Mr. Reed That's correct. II goes through the Oanlon County Mental HeafthlMetal Retardation property, to Mr. Moreno: And has staff discussed the possibility of a secondary access with those people, or are they totally in the dark or whar's happened; Mr. Reed. We have not. But as Carlos Silvestri has indica ed, they have been in contact with them and that organisation Is not opposed to lt; but, again, they went ahead with this detailed plan without that second access on there to ensure that, N for some reason MHMR denied :hem, [hat they would not hove to come back and emend 0 ' their detailed plan. I thmit the applicant is indicating that they're willing to amend this defiled plan between now and City Council to Indicate a second access point. ' Mr. Moreno, All right. Thank you 19. ~S~IC~ 32x10 o , MON" o l wain" Planning and Zoning Commission Minutes May 27, 1998 Page 20 of 58 Commissioner Powell: Any other questions of Mc Silvestri? Thank you, sir. Anything else from staff at this time? Anything else from staff? I Mr. Reed. I'd like to point out, In response to Mr. En elbredMs concerns of the approach to the hefrport, excuse me, henpad that this landscape plan Is tentative and that's the fast note on a. Because they're in excess of our 15 trees per acre, 9 theres any need to remove a tree for entrance of the helicopter, that would be suitable to start. They could remove a few trees wthout viotaWn of our code. I Mr. Engelbrecht: Thank you. Cnnmiss'iooer Powell: Anyone in the audience who would like to speak in favor of this propose? Anyone who would like to speak In favor? Anyone In the audience who would Yks to speak against this proposal? Anyone who , h would like to speak against? Mr. Silvestri, do you have anything also to say? Staff art this time? Just asking, Then I will close the public hearing, and we will open it up for a motion and'or discussion. Mr EngelWech[ Mr. Chairman, I went to preface this by Haying that I think that second access point Is very important, The first access point to through the perking bl of the hospital and should there be a major disaster with many ambulances In that driveway and then of an emergency vehicle would be required to get Into this facil ty, I tt, r, that could be a real problem. We a matter of a smab-very amaF-odd tkxul drive with a gate over A. Ware not asking for a great deal there. Furthermore, f guess I was the only one who was concerned about the helipad, having talked to a couple of avlatora-helicopter aviators, by the way--and 1 recognize that the way It's act up will work. But I don't think It's 419 see as tl could be. The flight path which win be north to south, south to north- depending on the prevailing wind-fa much better if q's open. WM that having been said. I'm going to move to recommend approval of Z-98-002 with the condition that a record sooess point be provided for emergency use, that all trees north and south of the hanpad on this piece of property be eliminated and not be required as part of the landscape plan end that the light poles In that parking let to the rant of the heaped be looked id with staff with this applicant to be lowered, even beyond what our City regulation is, if that's possible, w that they would provide lighting--but do everything we can to eliminate any obstruction for helicopters coming In and out of there. Commissioner Powell: Before I call for a second, I went to point out that yr• said 'aA trees north and south of the heliped'-tolelly, on this whale property, north and south of the helipad? Mr. Engelbreeht Yes, Commissioner Powell: Is that your motion? Mr Engelbrecht That's my motion-on that piece of property Commissioner Powen: Okay. I wanted to make sure that we understood what you're say'ng. Is there a second? Ms. Ganter: 111 second -44 Commissioner Powell: We have a motion. We have a second, And I went to add again that Mr. Ergetbreeht's ' motion is to eliminste all the trees north and south of this helipad on this property. I'm not agakrN that. 1 W went to make sure we're clear on M. i Mr Engelbrechl. Might I add that, when I say 'enminate,' I donl mean that they wouid hew to be put somewhere else on the property. That number that's being shown here could simply be eliminated In this parlicufsr case because of the situation with the hellowlefs Commissioner Powell. I understand. Any other discussion on this motion? Mr Mrreno Ouestion for staff. Mr. Reed, I agree with Mr. Engelbrecht that safety comes first when wire looking r at lire hefipad, but how many trees are we going to eliminate or remove? 0 Mr. Reed Let me grab the landscape plan and Indicate that to you. If we eliminate all trees north and south as Commissioner Engelbrecht proposed, does that Include all these trees here even though the path north sort of shoots up there? 20- I r. t 97 Film 25 io 32x111 0 0 1 Planning and Zoning Commission Minutes May 27, 1998 Page 21 of 58 Commissioner Powell: I would see seven trees so the north there and the motion says all trees to the north and south. Mr. Reed That would be seven $ we Included sit base trees. Mr. Engelbrechl: That's north end south of the helped which would be those right there and Mole seven trc to the north and whatever that number is to the south. Mr. Read. That would be a total of 17. Commissioner Powell. That's fine, It's to unusual for Jim Engelbrecht to want to eliminate trees I wonted to make sure we were clear on... Jim, I'm for It. i Mr. Engelbrecht, Weil, you know, in some ways this Is a real personal thing If they have to bring me in here at 2,00 on a dark and stormy night with a 25-knot wind and, you know, minutes make a d'dfarent-because oftevi se I'm not going to be on that helicopter, I don't want any tress and things In the way that don't have to be Moro Commissioner Powell: Agreed, Ms. Apple. i Ms. Apple: My only concern about eliminating all of the trees Is the view that poopk are gang to be seeing from this; emergencies coming In and the fad that there'll be nothing to block the wind that is created from the helboptw. I agree with you about the safety, but I'm hesitant to agree with all the trees. Mr. Engebrecht. Wen, the reason I said that was because Il'a my understanding that they're going to come in with the prevailing wind and that's gang to to north or south, which means they're gang to come In down that corridor- one way or the other depending on-the wind Is not always going to be in tat direction, but normally, It just doesn't make sense to me that we would pul something In the way that we didn't have to put in the way. Ms. Apple: And those bees will grow. Mr, Engelbrechl: There are other, you know-it's just another obstruct on for a helicopter that, In this case, we don't have to put there. That's why I asked that the light poles be lowered. Here's a situation where-bet's look at, you know, more than one Issue of safety and a shorter light pole makes more sense to me than something to catch a helicopter skld. Ms, Apple, I just presumed that the FAA would address nose concerns about the ap"ches end all that end As for as M there was a problem with that, they would certainly address that, I wool vote ogsinst it because of this, but I'm just concemed about the appearance Mr. Engebrecht I understand. Ms. Apple: and what will be coming in on there, end I think it Would be nice to hews something M least around the perimeter Mr, Moreno: Question Did I understand that the CEO of the hospnat is here tonight? Could I ask you, sir, to comment and come down from? Commissioner Powell: Sir, onuld we have your name and address, phase. Mr. Charley Sure. My mama Is Tim Cl and I live 1178 Oak Forest Circle In Denton. Mr. Moreno: What's your feeling about the trees nod and south of the helped? 1 • Mr. Cheries. Actuotly, Carlos and i were just counting the number of trees, mfw it appears that we can meet the ordinance even without those trees The concern for safety-anything we tan do to remove obstruction or the y possibility of any kind of delay or making it more difficuA for the pilots to My I1 and out would be a t emendous k i edvaniape. So I appreciate the recommendation and the motion. jj+ll'tIII~~~ 1 Mr. Moreno Is [his an issue that you have given th"Irl to before you cam6 P me tonight? 21~ i! i ' )5 10 32x10 Planning and Zoning Commission Minutes May 27, 1998 , Page 22 or d8 Mr. Charles: Actually, I have to tell you that we defer to the expertise of Care Flight and Via conversations that they've been having with the FAA end they were satisbed, but that's not to say that the recommendation still Isn't a ' beller recommendation. And I think 4la. `G Mr Morino, Thank you, sir. Mr. Charles Yes. Commissioner Powell. Any other questions jr oomments at this tine? Thank you very much, sir. Are we- Mr. Reed. Mr. Reed. Slah would like to make one comment The landocape plan here Indicates that o number of the trees ere large trees as per the approved plant list with the landscape cz)i There's also a 4thcr ptAkin of the approved plant list which Luludss small trees end a numbw of them do grow to a maximum heigid o about 16 feet end that might be something that you'd want to consider, I just wonted to bring that to your attention--to replace 6ga trees with medium rK small trees. Commissioner Powell : I don't think there'd be any need for that. Any other comments or questions before we We have a motion. We do have a second-corrod? Then I'm ready to vote. Lei's do 8, We have a vote of L to 0 in favor of the motion. 11. Hold a public hearing end consider making a '"ontmondation to the City Council concerning the rezoning of 2.297 acres from a Commercial IC) zoning district to a Multldomlly One JMF•t) zoning district. The undeveloped property Is located on the south side of 1.36 East and to the north of Londonderry Street; It is legally described as part of Tract 350 of the Alexander 1411 Survey. The proposal Is to develop a multi-famlly complex. fZ-96-026, Naedhom Erderpriii Wayni Read) Commissioner Powell. We now go le Item 11-we will hold a public hearing end consider making a recommendation in the City Council concerning the rezoning of 2.297 acres from a Commercial zoning distrid to ■ Multi-family One zoning district. The undeveloped propert, Is located on the south side of 1.35 East end to the north of Londonderry Street; It Is legally described as pad of Tract 350 of the Ak xti Hill Survey. The proposal is to deve:op a multi family complex. Mr. Reed Mr. Wsyns Rti presented the stall report, Mr. Reed, Thank you again The rezoning case we have before us now concerns the property that is zoned commercial It was zoned commercial In 1983, Previous to that, ill was zoned agricultural. The applicant at this time would like to have 4 zoned to multi-family 1-or In o0 of words, down zoned to mulb-famiy from commercial. The property at present-let me put up the zoning map-As surrounded by a variety of land uses and zoning dislricts. Presently there are several scattered use"here t the Outback Steakhouse $"ad all the Intersection of Sam Bass Boulevard and 1-35; there's the A-1 Rental bated to the northwest of the subject trod; Uaris a mutomycle bit siness loi to the eat; and then over to the southwest, apartment complexes and to the eou•,h as ,vell Howeve•, for the most pat surrounding this property Is a4 undeveloped land. The applicant also orris, Just II for the InformPion of the audience and the Commission, owns the property directq south of the 2.297 scree being i considered tonighl for rezoning, and that properly Is already zoned far multi-famly 1 They hove expressed an interest In levetoping this told tract of lend for multi-famlly , The landscape Soda would apply to this 2.297 was, to A nny deve'opment once platted, would hove to meet our landscape code. Notices were sent out and we have received .coo f would like to hand you the original, to that y'*R an look at them since the responses also have , comments written oo them, I think that y'all may want to read that. One response Is N opposition; one is In favor This particular proposzl would also-ii far the Comprehens" Plan analysis, 8 Is consls!ent or the way down the board ivrth the 1988 Denton Development Plan and also consistent with several of the Denton flan policies. In particular, the Intensity for this particular us' would be lower than what It to currently zoned rot; and, In fad, what that would do is lower too tnpact of traffic on the transportation infrastructure in this particular area Even V"h this area Is already over s'oratbd as per our 1989 Donlon Development Plan, If this was approved, R would reduce O the over allocation of trips In this area. So, on tin matrix In the staff report, R sh!wred as Ming consistent with the y plan even Ihouyh the area Is over allocated, This one reduax that over allocation. I kind of wanted to ox,-bin not. As lattci of -act It reduces R by 1,133 trips 19 onswer any questions that you may have, 22. f) 32 X 0 0 I` ATTACHMENT 3 NOTICE OF PUBLIC HEARING Z•98.022 k i The Planning and Zoning Commiss'on of the City of Denton will hold a public hearing on Wednesday, May 27, 1998, to consider rezoning 4.873 acres from an Multi-famtly One (M -1) zoning district to a Planned Development (PD) zoning district. The property Is legal,y described as the southern five hundred and twenty-six (526) feet of Tract 288 of the Eugene Puchalskt Survey (Abstract 996) and is located between 1.35 North and Bonnie Brae and Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex, The purpose of the rezoning Is to provide additional parking, office space and a helipad for the hospital. The public hearing will start at 610 p.m. In the City Council Ghambei a of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) rest of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the ; bile hearing. Please, In order for public opinion to be tc en Into account, return this form with your comments to: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I A zoning petition follows a two step process desig ~,,,d to provide opportunitie9 for citizen Involvement and comment, The first step, following the submission of an application for a zoning change, Is to schedule a public hearing before the Planning and Zoning Canmission. Landowners within two hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public hearing by way of this notice. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: Q1n favor of request Neutral to request Opposed to request Comments; JUN 5 e 1998 Signature: Printed Name: 4 ~Q l- ~'e✓%v Mailing Address: SZJ 57, 6ir//e/L City, State Zip: G r W'?5 - o~Sl~I ~y 2'f d/ p Telephone Number: _ U "6G'Gi~ 3y O`~~ Physical Address of Property within 200 feet: A t' S. C1 YOFDENTON, TEXAS CITY HALL WEST DENT N, TEXAS 78201 • P40,349.8350 Z 0022 200' Notice dnc 23 r ' ? „ 32X iO F w r ATTACHMENT 4 ~ O ~~411~ i#li~~~ i Oil r}~ ~jt~ ? TwTrm! J \ I I I f 77 - P.I' \ . 1 ff~ i! YK i• ~ I 1 I - ~ GRESFiF1M SNYT?i AW P}IfiTNERS r ~ 1l,, ~Nm Y+n•h undo. wdnM Ontlan au vl/rx hNdM ~ x I` ~ 0.1.11 . o , I. r r ATTACHMENT 5 . ' " • - 1 Q 9% Imn IF, A oil 91 oil poll rr• E 14 wir. 1 4p 1 { f IDS i j ' 1WiLI11 ~ ~ ~ a r i~f { _ ® GRESHAM. SMITH AND PARTNERS f - Nolan AM jft. DOM, e~iMnpMm•AK11en+M•W.M~M oq rep . K I 0 372 X I O , .p ' . t 1 1 1 x,...~xw +nYawTW r^•r YNr%'RRQY; M.vf~Y.Hw ~ 1 lw.~ 1 I y 1 I i r, I %t 1 1, f f 1 1 ` ~r • Dr ~'+hA,l = 5 d.~ , 2 X ' I~ ' 3 2 X f ~ I ` E I J ATTACHMENT 6 C'aneFlite Nor1A GMlrfl T~xq tietvllee / May 27, 1991 JUN Mr. Tim Chariot Denton Community Hospital 207 BOMIe Brae i Denton, TX 76201 Dear Mr. Charles, fr In response to your questions regerd:ng evttuation ofthe proposed helipati at Demon Community Hosplts;1 can provido you with the foUowleS Information; Johnny W. Phi!iips, Principal Operations Inspector (POI) for the Fort Worth Flight Standards District Offlte (FSDO) eornp!cted an aerial ret:01=1e5110 of the proposed 6!1e, In addkion he reviewed the proposed pant for the helipad end he did a physical tour of the area on toot. He was satisfied that all FM criteria related to hellcopteropendom for the Den 206 U3, Btll 222 Cn• ml Re!t 401 aircraft would be met with the proposed Wiped, it Is Important to underelatnl that the FM is not responsible fbr "approval heripads• They serve !n art advisory capacity to ensure tint the party responsible for operating aircraft in and out of the htlipad, which in this cut is CutUte, has considered tU operadi ft WU06 in the dvign and tonstruction of the h0ipad. 1•t wes the impreation of CertFlita'e DiredOr of 4-rations, Charles LaCelle, that Mr. Phi9!ps was smisfied that the proposed hellpad for Denton Cor,.muaityHospital would not create any hazards of coneutti rut the opwittiunofthe b6copters owned and operated by CmeRte. if yott have any additional question p!aase feel free to contact Mr. LaCede &1(072) 911- 5753. if there Is any other individuals who nany have eddidootl questions you may, direct them to G contact Mr. LeCa4e. ~ Si~nee/tcly, k Lure E. Donrutly,`~/~ i f President and CEO O LEDIdv • • RO boa 225344 1301 Ponnallvanla 3110 S. Gnat Souffrmat Pkn. Dana. Tern 7S2224316 Fort Worth, Tuna 7a10a Grand PrWio, Texae 100 21 r~9e7-1110 g17~2.401D tf7t~!!->aU 214.90.005 Fax m74924o09 Fax 972.OW3144 for 26. 25 x dY 32 x ❑E 0 sew:e~e o ATTACHMENT 7 DENTON COUNTY MHMR CENTER Mr, Tirrinthy Charles Jl1N Chief Exeeutke Ofileet Menton Comntunityllospital ~J 207 North Bonnie Bnt Denton, Texas 76:!tl - Dear T Im. In vent letter daled Miry 19, 1999, you stated that the City orDcnron Is requiring that three additions Le made to your planning process and design. i . The property upon which Derdon County NIHN R Center (Dch9 MRC) now sits must be rgdatted to i neorporate the 55 foot undeveloped property that sits between its innd and the newly acquired acreage of Denton Community Hospital (T)M. This mu.ar be aeasrrtplldted concurrently with the hospital's re platting and re-Sorting of the acquired parLA, DCH is prtpatod io tmdenake such replai(ing st no expense to Df:MI MRC I or my designee will be rtq,6rcd to cgn.of►on the resulting doeumentstion and, thereby. will have final approval 2. The Undeveloped ditch that results feom DCMH\SRC's reteution of the SS' stretch of undeveloped properly must be improved end tic the center r drshuge bnprovemonr to that propoxd by DCH. Again, the hospifal is prepared to histall this improvement at tto expense to Dl'MHhtRC. 1. Finally, yotr state that your in;fal plan review resuhed in a recommendation not ns yet a teTiironent, for an addkR oval access point to the hospital's acquired properly in the event of an emergency etch as a fire. You regveged DCM1iMRC'a permiaron to develop an euess way across the undeveloped sedioo to your fire-fine that would permit emergency vehicle entry only. In disoitsing the design o(this access-way, we addressed a concer» that this could becortie a thru-way across DCMHMR(:'a property to your own; therefore, you propvsed that the dcaign vmId be such that a) the seces does not have the appearance of a drive, and b) is bated -oth a lock-b" to 416 the Fire Departmem holds at key, You elated that you are: willing to dlseuss the details of the design In the evelet yvu ate tvgvired to act f upon the City's reoommendation 11519 S 1lVNn. P0. Iha t)e6. f eon. TN 76101 (Veer UI.*AW a.. ploep ssl_eane !Nvl I. Mexlenq 1A, PA. bee 2346, Deets, TX 1610! 010 01311148 Fu 040) S61-11769 i 10t P. aw hA.e i, sche I t$. 9.0. !fix 9111, lAvIrrille, Tit 73061 (9111 t]t•3(4141 PAX(V72) 1i6a 199 I 27 I 32 X ~.I fe1MeN r , e % I 1 71w CaaMi L.ns i ►rx ~t rnR At its regbidy scheduled nwft hdd on May 21, IM, tlx Denton County NEW CAmicet a osrd of Trustee voted to authorize ItsLxecutiw Director to negotiaw and exoarte an agreemerd with Demon CarmnoatyHo*W to fialltate aabmpli ment of the throe rated objectives ofyottr plm mentioned above. I appreciate the cooperation between the ho44ral end the center and took forward to our wovdng i reietiorAip. Please omtect me when you Z'e readyto proceed "N this ptojcct. i Sinoorely, Bill Drybrud rat" CEO I f ~ , K ' 1 I K 1 n V I t % , e 28. 10 32X L I 0 , 4WAWA 0 I Z`98`022 ATTACHMENT 8 ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) ZONING DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.873 ACRES OF LAND SURROUNDED BY 1-35 NORTH AND BONNIE BRAE AND SCRIPTURE STREET AND WEST OAK STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLArIONP THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Weir and Associates, on behalf of Denton Community Hospital, has applied for a change in zoning for 4.873 acres of land from Multi-Family 1 (MF-1) zoning district i classification and use designation to Planned development (PD) zoning district classification and use designation; and WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section . That the zoning district ciassification and use designation of the 4.873 acre tract of land described in the trial description attached hereto and incorporated herein as Exhibit A, is changed from Multi-Family 1 (MF-1) zoning district classification and use designation tr. Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. Sectiorill That the entire 4.873 acres contained in the new Planned Developme 1t zoning district described by Exhibit A, is hereby approved for the detailed plan attached hereto and incorporated herein as Exhibit B, and Is hereby approved for the landscape plan attached hereto and incorporated herein as Exhibit C. 0 Section 111. That the City's official zorn,ig map Is amended to show the change in zoning district classification. Section IY. That any person violating ;iny provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ` ordinance is violated shall constitute a separate and distinct offense. Spction , That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in tho City of Denton, Texas, within ten (10) days of the date of Its passage. 1 29. i 2 32. X ID t " I r lam/ _ a i 2"99-022 I PASSED AND APPROVED this the day of '1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r 1 I BY* APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, C{TY ATTORNEY i~ BY: I I ~ I f I+ ~ I. 19 ~y ' f ; fo I 11 Z 'w~V I i i i I I a = t ~ I i I 11 ~1 L 4. I ly I i 1 30. r~ rr, , . ,I 1 - +rn,,r 14x3~ 2~ K ~tJ al 32 ra ~I'h a #j f . EXHIBIT A ► LEGAL DESCRIPTION ► Being 4.873 acres of land located In the. Eugene Puchalskl Survey, Abstract No 996, City of Denton, Donlon County, texas, and being at, that certain Irocl of land described { In the deed to Denton Hospital, Inc., dbo Denton Communlly Hospital recorded in Instrument No. 98-R0006324 of the Deed Records of Denton County, Texas and more particularly described by metes and bounds as follows, Beglnning at o 1/2 inch Iron rod found at the Southwest corner of the sold Hospital Traci being the Southeast corner of that certain treat of land described as Traci Four to Section 9 of the deed to Royzor InvaiImenIi, Lid as recorded in volume 1796, page 601 of the O.R.O.C.T. as lying on the North boundary line of that certain tract of land described In deed to Universlly Place, L.P. as recorded to Instrument No.95-R0039914 of the Deed Records of Denton Counly, Texas, r` Thence N 000 52 ' 18 ' W, 526,00 feel along the ecsl boundary fine of sold Rayzor Troaf with the West bourdary line of said Hospital Tract to a 1/2 inch Iron rod found at the Northwest corner thereof tying S 00. 52' 18' W. 55.02 feel from a 1/2 Inch iron rod lound at the Southwest corner of LoI I, Block A, MHMR Cenler Addition to the Clly of Denton, Texas according to the plat recorded In Cab ineI I, page 40 of the Plat Reccrds of Denton County, Texas, Thence S 89' 26 ' 37 ' E, 402,14 feet along the North boundary Iine of said Hospital Traci to a 1/2 Inch Iron rod found al the Northeast corner thereof lying in the West bounciry Iine of Lof 3, Block A, Med-lex SubdIvIsIon , Section II an eddIIIan to the Clty of Denton. Texas, according to iho plat recorded In cabinet F. page 164 of the Plat Records of Denton Counly, Texas, Thence along the East boundary Iine of sold Hospital Tract as fatlow$I S 00' 50' 06' E, 215.10 feet with the West boundary line of sold Lot 3 to an 'x' cut in concrete found at the southwest corner thereof being the Northwest of Lot t, Block t, Denton Re IIrefnenI Can ler Add II ton to the I` • City of Denton, Texas occordln99 to the plot recorded in cabinet D, page 275 of the PlaI Records of Denton , . Counly, Texos, $ 01' 26' 46' E, 209.13 feet with the West boundary ! tine of said Lot I to a 1/2 Inch Iron rod found, S 00' 06' 16 E, 104,29 feet continuing with the WesI boundary Iine of said Lot I to a 112 Inch Iron rod found of the Southwest corner thereat being the Southeast corner of sold Hospital Traef lying In the 0 North boundary Iine of oforesoid Universlly Flaae 1 Tract, E Thence N•69' 05' 2P' W, 402.78 fool along the South boundary I.In of eald Hospital Tract wl11, the North boundary Iine of ofo~esald Universlly Place Traci to the PLACE OF SEGrNN'IN'O,' confalning 4,873 acres 1218,268 square feel) of land. 31. - - 7.5 ~32 X ~ ❑ i 1 i n ';'6fAl " ~x~ ~rsrt s O I~~i,s~ fll;~tl; I~ ~ Iq r II ,r r I I 4 7I f c~sHaM, sM:Tun1Its ~ ) D.niM MWeCIIy+FMM WI~YIpM1rn'~~4:~.9t:rb ~ Y CMrIN T.IM 1 ' 32. A Y M Y,.-, • nn,FYi. Ml ,win, IF YM.~MYw11 •I ` 1 i f ~ 25 x 32 x~a 0 l I EXHIBIT C li fill UP I . 3 11 MIN milli G, oil ell ~ It i 1 T 1 ~ ! J!, ' I i GRESFfAM, S&M ANDPARTNERS - M„ 33. . f IF1alKt. 1K 32x10 U i t Z98-022 ATTACHMENT 8 ORDIN kNCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY (MF-1) ZONING DISTRICT CLASSIFICATION TO PLANNED DL•VELOPMENT 166(PD-166) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.873 ACRES OF LAND SURROUNDED BY I-35 NORTH AND BONNIE f BRAE AND SCRIPTURE STREET AND WEST OAK STREET;APPROVING A DETAILED PLAN AND A LANDSCAPE PLAN FOR DISTRICT PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Weir and Associates, on behalf of Denton Community Hospital, has "Oed for a change in zoning for 4.873 acres of land from Multi-Family I (MF-1) zoning dis!rict classification and use designation to Planned development (PD) zoning district classificucion and use designation; and WHI?REAS, on May 21, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning: and WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval of the detailed plan and landscape plan with the condition that all trees and obstructions north and socth of the hciipad be removed from the landscape plan; and W14FREAS, the City Council finds that the change in zoning will be in compliance with the 19SS Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE 111E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I; That the zoning district classification and use designation of the 4.873 acre tract of land described in the legal description attached hereto and incorporated herein as Exhibit A, is changed from Multi -Family 1 (MF-1) zoning district classification and use designation to Planned Dcaclopmcntl66(PD-166) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. $ECfION II: That a detailed plan for the 4.873 acres contained in the new Planned Development zoning district described by Exhibit A, is hereby approved and attached hereto and incorporated herein as Exhibit B, and a landscape plan for the 4,873 acres contained in the new Planned Development zoning district is hereby approved and is attached hereto and incorporated 0 herein as E%bibit C. 0 ~ $EC'TION I11; 'That the City's official zoning map is amended to show the change in zoning district classification SECTION IV: That any person violating any provision of this ordinance shall, upon com iction, be fined a sum not exceeding 31,000.00. Each day that a provision of this ordinance is 34. 1 ~,:,..2 5 x ~ C~ 32 x I l.7 0 5 ' "ie,, + 1 - I i s r O « r r r r . 1. 41 - Y 1 , I violated shall constitute a separate and distinct offense. 5-17CTION V; That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be r published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 5998. I JACK MILLER, MAYOR Jr... I i ATTEST: JENNIFER WALTERS, CI7 Y SECRETARY BY:_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I 5 Our 0-xumanu Ordi no ncef 961.9!-022 Ordinance doe r , ry , i 35. X t / il~ry,, " "KJ ~K Vie Irk , s , 'MRMAM Y , 1 `1 1 l 401MM O 1 r 1 EXHIBIT A + LEGAL DESCRIPTION • Being 4,873 acres of land located In the, Euyane PucholskI Survey, Abe lracI No996, City of Denton, Donlon County, Texas, and bolnq aI i lhof car to In tract of land described In the deed to Denton Hospital, Inc „ dba Denton CorrnunIly j Hospital recorded In Instrument No. 98-80006324 of the Deed Records of Denton County, Texas and more particularly described by melee and bounds as fotlowel BeglnnInQ a1 a I/2 Inch from rod found at the Southwest corner of the sale Hospital Tract being the Soulheasf corner of that certain tract of land descrlbed as TreeI Four L Section 9 of the deed to Raynor InvaIImenfs, Lld. as recorded In volume 179^0, page 601 of the D.R.D.C.T. as tying on the North boundary Iine of that car to in IracI of land described In deed to UnIvor aII Place, L.P. as retarded In Instrurt'ent No.95-R0039914 of Igo Deed Records of Denton Counly, Texas, 1 Thence N 000 52 ' 18 ' S, 626,00 lee} along the East boundary Iine of sold Raynor Tedel with the WesI boundary IIns of sold Hosplto l Traci to o 1/2 Inch Iron rod found of the Northwest corner thereof lying S 00' 62' 16' W. 55,02 feet from a 1/2 inch Iron rod found of the SoulhwesI corner of LoI I, Block A, MHMR Center Addition to the Clfy of Denton, Texas according to the plat recorded In Cob ineI I, page 40 of the Plo I Records of Denton County, Texas, Thence S 8E" 26 ' 37 ' E, 402,14 feet along the North boundary I I r a of so rd Hosplto l Traci to a 1/2 nch Iron rod found at Phe Northeast corner thereof IyIng In the West boundary Iine of Lo} 3, Block A, Mad-tex SubdIvIsIon, Section II an addition to the Clly of Denton, Texas, occordlnq to the plot recorded in cobinel F. page 164 of the 1 Plat Records of Denton County, Texas, Thence along the Eat! boundary Ilne of told Hospital TreeI cs feiia.'s, S 00' 50' 08' E, 215.10 fee! wlth the Wes} boundary Ilot of sold Lot 3 to an 'x' cut ,n corcrete found of the southwest corner }hereof being the Norlhwest of Lo! 1, Block 1, Denton Re IIremenl Center Addiflon to the Clly of Denton, Texas accardlnq to the plat recorded In cabinet D, page 275 of the Plat Records of Denton County, Texas , S 01' 26' 46' E. 209.13 feel wllh the Wes} boundary Iime of sold Lot I to a 1/2 inch Iron rod found, S 00' 06' 18' E, 104,29 letI conllouing with the We$I boundary Iine of tale LoI I to a 1/2 Inch trop rod ' found al the Southwest corner }hereof being the Southeast corner of sold Hospllal Tract lylny in the i North boundary Iine of oforesoId University Place 0 M TreeI f Thence N•89' 05' 22' W, 402.78 lest along the South boundary I'In} of sold Hosplto l Traci wlfh t*,e North bounderyy Iine of ofotea atd University Plcce 'root to the PLACE OF sEorNN'INO,"' anIalning 4,073 acres (212,26$ square feelI of land, 36. 25 uasew r O _r ~arlew~ to ux EXHIBIT 6 CIA 411 fit Ir+ t f1 ~ ~ r ,UII L i ! i U I I I I Yf I I r'~ yff 4 r.. xx a ~ F * • r 1 rl 1 r I 1 f • r •I 1 . Iw GRESFfAM. SMfT}I ANOPAFtTNEFiS „f ? - 0•nIM IaMI~I QT<~ Ir,hfn0 O+TiMraw'1•WN+/•• 1 ~ , EMI•q «I< ......r unr .......uu. urr., .no.......no.. r ..........uru, ..nwu.uu, .uu.uuu,ur nr.uruwuu.r Y.M Vrn:1 I..1 <...I ..IV i71r.•YI ..•F•~1.~1, <rr~.I /..<~.4.rll ! J 10 r M' EXHIBIT C I' r r It~ rill ~ Will ~l p~t i E ili'E f r .9 fit t"Al Q oil Foil At a 1 t ~ 1 , i - r it , I :a = GR£SHAM SMITH ANDAARTNERS D.nu. M•OlN gllu ~YI1nn1 ~+nwnyMT~NCIMmfP W✓nRl C.nIM I•.I 38 . 15•'IG 32XID aw wresnrs . r~ 0 I i i raara I r I I kTTACHMENT 9 , Z-98-022 (DENTON COMMUNITY HOSPITAL.) PHOTOS ~ Proposed location I 1 Jr Photo 1. View looking north across subject Photo 1. View looking northeast across subject ! property at the M.H.M.R. Center from the property at the Donlon Community Hospital from Yorkshire Apartment complex. the Yorkshire Apartment complex. ~rt b i ~ i 1 0 Photo 3. Viaw looking east along the southern Photo 4. View looking South across subject r` properly line of the subject property from the property at the Yorkshire Apartment complex Yorkshire Apartment complex, from the Denton Community Hospital property. r 'v y I I ~ I 39. - r I r' ` 4, r, x 3L X ■ b tp AGENDA INFORMATION SHEET ~ 89Tj~ AGENDA DATE: June I6, 1998 DEPARTK.ENT: Planning Department CMlDCA1lACMt Reck Svehla, 349.7715 i SVBJEC -Z-98-025: (Needham Enrerprises) Hold a public hearing and consider rezoning 2.297 acres from a Commercial (C) zoning district to a Multi-family One (h1F-1) zoning district. The property is legally described as part of Tract 350 of the Alexander Hill Suncy and is located on the south side of 1.35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal is to develop a multi-family complex, I BACKGROUND This property is located within a Moderate Activity Center as defined by the 1988 Denton Development Plan, it has remained undeveloped since being rezoned to a Commercial (C) zoning district in 1983 alter being originally designated as an Agriculturdl (A) zoning district in 1969 by the first zoning ordinance and map for the City of Denton. Of the eight (8) property owners nolificd, two responses have been received: One (1) response is in favor and the other I (1) is opposed to the rezoning request (see Attachment 3). The proposed zoning is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of J the 1998 Denton Plan (DP) Politics (see Attachment 1 - plan analysis). 1 The proposed rezoning would lessen the demand on the existing transportation infrastructure by reducing the number or potential trips generated per acre. Other direct influences include the placement of high density housing in close proximity to jobs, diversity of business activity within [his Moderate Activity Center, and the prevention of continuous strip commercial dcvclopnten, along a major thoroughfare (1-35 East). T}he applicant has indicated that the proposed multi-family complex will encom"s 8.66 acres in total, if all zoning is approved (see Attachment 4). The development will include roughly 4.155 k acres of land located to the south, which is already zoned for multi-ramify. Also, another 2.21 acres located immediately to the cast of the subject property is under consideration for rezoning from Commercial (C) zoning district to Multi-Family I (MF-1) zoning district (Z-98.030). This i request was made subsequent to the Planning and Zoning Commission meeting on May 27, l 1998, clue to negotiating of financial arrangements, and is scheduled to go to the Commission on Junc 24. 1998, O Existing infrastructure is available to serve the proposed development (see Attachment 5). Municipal water, sewer snd electric service is adjacent to the property. Extension of underground storm water pipes would be required along 1.35 cast to provide adequate water runoff facilities for the proposed high density housing development. Only the 4.155 acres to the south is platted and ready for development. Therefore, the subject property would have to be platted prior to any construction. i i I I - , I I I ! saw r . u r O I 1 i r, -..a.w..ae nn•iw nm^NrtwrWi.AMh'..+gMY(~aMMY.rcWUIbPiOV. Ywv`MN'-YMN ~ ' r ~ r j , PRIOR ACTIONIREVIEW (Council, Boards, Commisslonsl The Planning End Zoning Commission recommended approval (5-0) of this zoning request on May 27, 1998, as recommended by staff without conditions. ( ATTACHMENTS 1. Planning and Zoning Commission Report, May 27, 1998, Z-98-025. 2. Planning and Zoning Commission minutes from May 27, 1998. 3. Property Owner Responses (2). 4. Development Boundary Map. 5. Utility Map. E d. Draft Ordinance. 1 Res eclfully au milt 0 f I V e HIII Director of Planning and Development Prepared by: Wayne ced Plannc Fl,.r rk'IA 0 r .1)+ r, r r S , I y , i , 2. 4 4 42 C 32X 0 ATTACHMENT 1 PANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: Needham Enterprises Case Number: Z-98-025 ~(f : Wayne Reed, Planner I VkWa. May 27, 1998 GENERAL INFORMATION Applicant: Needham Enterprises y n r 4465 Bellwood parkway north Dallas, TX 75244 Owner: R.J. 6 Sherri Hutchinson SITE I 401 Pennsylvania Drive ± L q Denton, TX 76205 Action: Consider rezoning a Commercial T- I i zoning di3lrict to a Multl-family (C) One (MF-1) zoning district, Location: On the south side of 1-35 East, 1 r [ between Sam Bass Boulevard and Teasl3y Lane, and to the north of Lonronderry Street (Figure i and Enclosure 1). F:Qure 1. The property is k,cated In a Moderate Activ ly Size: 2297 acres. Center as defined by the 1988 Denton Development Plan, It Is currently undeveloped. SURROUNDING ZONING AND LAND USE L9CATION ZONING LAND USE North: Commercial (C) R-O-W for 1.35 East South: Multi-Family 1 (MF-1) Undeveloped land East: Commercial (C) Undeveloped land West: I Commercial (f)) Undeveloped Land . SPECIAL INFORMATION The subject property is not platted and would need to be platted prior to any development. The developer intends on constructing a multi-family complex on this 2.297 acre tract end on the property to the south (see Enclosure 1), The adjacent land to the south has already been platted, but not developed, and zoned Multi-Farnily 1 (MF-1). Existing street access is available from the ! O • 1.35 East service road to the north; the property to the south has access onto Jason Drive and I ' Londonderry Lane. The petitioner has expressed a desire to extend Jason Drive (North-South collector) from Londonderry l one up to the 1.35 east service road. This issue of access will be further explored during the platting process. Z r; Iv'. r~ y,~ I uq,.,rt d.;r 3. z.r ~ ~ e ❑ . 32 x M 1a • .l 0 I~ BACKGROUND November 15, 1983 - The subject property was placed in the Commsrclal (C) zoning disterA and land use classification by Ordinance 83-128 which amended the Comprehensive Zoning Ordinance and Map for the City of Denton. January 14, 1969 - The subject property was Raced in the Agricultural (A) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and ,rap for the City of Denton. NOTICE Notice of the zoning request was published In the Denton Record-Chronicle on May 17, 1998. Eight (8) property owners were notified of the request on May 16, 1998. As of this writing, there has been one (1) response. This single response Is In-favor of the rezoning request. DENTON DEVELOPMENT PLAN (DON A14ALYSIS This area Is contained within Moderate Activity Center # 80. Moderate Activity Centers emphasize a diversity of land use developments: They are intended to place jobs and housing In close proximity to one another. Staff Ends the proposed developmment to be consistent with the 1988 DDP. The current Intensity calculation for this four hundred and thirty-seven (437) acre Moderate Activity Center Indicates it Is over allocated by 104%. This assessment Is based upon two factors existing land uses (built) and current zoning (not built). As Chart 1 (see below) demonstrates, existing land uses are generating 99,062 trips per day (Line 2), while trips allocated to undeveloped property will generate another 59, 568 (Line 3) based upon current zoning. The cumulative total for this area (Lines , 2 and 3) based upon existing conditions is 6,597 trips above the total number of allocated trips. the proposed development would reduce this over allocation , of trips by one thousand and thirty-three (1,033) or to only 103% (Line 8). This is due to the fact E that commercial property typically generates 650 Udlac while multi-family development produces 200 Vdlac. I Chart 1. Intensity Calculations i Existin Pro osed 1 Moderate Activity Center (1180) total trips (427 acres x 350Vd/ac.) 153,143 153,143 J 2 Trips Allocated to Existing Land Uses (built) 99,062 S9,062 3 Tnps Allocated to vacant Land as Currently Zoned (not built) 59,568 4 Trips Allocated to Vacant Land not Zoned (not built) 11110 1,110 5 Trips Allocated to Vacant land with Proposed Zoning (not built) 58,535_ 6 Total Number of Trips Generated ((2or 5)+3+4) 159,740 158,707 ' Estimated Unallocaled Intensity Trips 11 minus (2 or 5)+3+4) .6,597 -5,564 8 Percent of Intensity Trips Allocated 104.3% 103,6% O 4, 7~ ~5 x I~ 2x o 0 %Now w 0 1daeR'O ANALYSIS A summary of the 1988 Denton Development Plan policies applicable to this project: I Denton Developri ent Plan " PoK.y Analysis Summary Moderate Activity Center Development Rating vs, Policy POLICY COMMENTS Inconsistent Inconsister' Intone, Those areas are Intended to Ho density hou" In this area will encourage a diversity of land use aloconvish the primary goal of Moderate developments that place Jobs and housing AdVir Centers, At present, a Saylor in dose proximity to one another. "What reality is nearing readiness for X development. This proJee wit P'ovtde housing in dose prot"ty to that development as well as other nearby "tresses IntaroHy Standard. Moderate ANVIty Mowed Intensity • 350IiWacre renters shall have a standard vehicle bop Alocated Intensity • 0W trips/site Intensity of 350 trips per day per gross Typical Multi-ramlly I development acre Rldlac), won between 20 and 25 units per acre, On the high-end of 2S unitslwe, high density housing on average generates X 200 blpyaae, Wig that amount as s conservative measure, the number of trips generated on this 2,297 acre trad would equal 459 sips or 57% of Its allocated trips Dlvanlty, land use diversity Is Je ried i l'! would provide housing In an area as uses other than the dominant Isnd uses W. existing businesses. X In the area such as commercial, retail, tight industrial, and office. , High-Density housing. Mub,tamity Ths project will provide addbonal multl~ housing Is encouraged in these areas, famiry houslrx4 X Including manufactured housing. Low tensity neighborhood Houll T hs property is not adjacent or near Protectlon. Single-ramfy residences Nrgledamlly subdivision and therefore should be protected by iii Site design would not Impnct low density X control, Including setbacks, NOW % and r*k nborhoads. landscaping, Strip Commerelal. The plan encourages This n not Ojip commercial. centers of business activity white X discouraging strip comnerdal developmert. 1 DENTON PLAN POLICIES ANALYSIS. A surf nary of how the proposed development relates to the policies of the Denton Plan: Growth Managernent Cateoorv D ' • Promotes efficient use of existing infrastructure. iv a Balances land use, enhancing economic diversity and the tax base. a Consistent with the goals of the comprehensive plan. I n9 0.+i I'L Y,0 Pry,.nl ArN J• 1 q•K r Ila1et 1: 1 Io 31XI0 I 0 Iw . F t DENTON SAN_EQLJCiES ANALYSIS (gontlnued): Transportation Cateoorv • Compliments thoroughfare plan. 't Stormwater Drainage System Cateaorv 1 • Not applicable. yr Water and Wastewater System Cat go i • Develops and maintains property and private Infrastructure. • Promotes in-fill development, evolding new line extensions. a Electric System Cataaorv a • Not applicable. l Solid Waste Cataaorv • Not applicable. Parks and Recreation Cataoorv • Contributes to the development of parks for al; citizens. Environmental Quality Car jo • Not applicable. Neighborhoods Cataaorv • Provides a mixture of land uses in close proximity to another, Housing Cataaorv • Offers alternatli.s housing to the primary single-family development. • Increases the range of housing types available to residents. i • Places high density housing In close proximity to employment opportunities and -44 commercial services, 0 Economic Diversification Cstaoorv t • Expands the City's tax base. J Government Category t• Not applicable, • Urban Deslon Calacorv 0 • Promotes architectural diversity along a major entranceway, rt;' 2 rW 0?, P2 Ydf P.pxl d« 6. 32x10 0 l~ V, ..vru ,F.xx."Va-.M"GF»n"gMHVMMMA>'IYtMUM'YVIFXIY4YLtMMS\a4wsr.. ~ ~..an ' 1 r ' r RECOMMENDATION ° Stall recommends approval of Z-98-425. I - F MOTION I move to recommend approval of Z-98-025. t I ALTERNATIVES E 1. Recommend approval as submitted, 2, Recommend approval with conditions. 1 3. Recommend denial, i 4. Postpone consideration. 5. Table item. ENCLOSURES 1. Location Map. 2. Zoning Map. I i i i~ M1 , I 1 r r, J x. Z 98 015 PZ Pall pppxt .4'C i ' 71 A111- s2XiCl ~r Own ll~ - s u , i ENCLOSURE 1 NORTH Z-98.025 NEEDHAM ENTERPRISES II ~ ~ ^&kFv I II . . All atwsnm k~ tic, f I i i k,tj i M1 Fea~P N ~:?ah.~~ MY) L I`~ ' !fit -SUPb 4 11 LI„a SUP003 i SF-16 - j . 0 ZONING MAP i o Date; May 21, 1998 s , Scaly: None I an,!,. ~ IJ ;,7 6 r I fi F ~'I y, ENCLOSURE 2 NORTH Z-98-025 Needham Enterprises) ,r I it : ♦ d. i 1 J ' r a ~NW ANA low flip 1 J~ " LOCATION MAP l Date: May 27,1 98 ea e: one ~~w~ "N` 75x ~ 32xIL • sasma 0 ATTACHMENT 2 Planning and Zoning Commission Minutes ~ i~ May 27, 1998 Pape 22 or 58 ~b If~ll r, Charles, Actually, I have to tell v,~u that we deter to the expertise of Care Flight and the converutbn ' e been having with the FAA and tl+ey were satisfied, but that's not to say that the recommendst' snT a bell mmendation And I think t Is Mr Moreno, nk you, sir. Mr. Charles. Yes, Commissioner Powell: M questions or comments lime? Thank you very much, V. Are we- Mr Reed. Mr. Reed Slaff would like to make on 1. The landscape plan here Indicates that a number of the trees are large trees as per the approved e e landscape code. There's also another portion of the approved plant list which includes smell and a num 60 prow to a maximum height of about 15 feet and that might be something that went to consider I just o bring that In your shention-to replace large trees with medium car a 6 Commis Powell: I don't think thered be sr; ncdd for that, Any INIIIIIIIIAMMiLmill or questions before we v e have a motion. We do have a second-correct? Then I'm ready to vote. a of 0 In favor of the motion. 11. (Sold a public hearing and consider making a recommendation to the City Council concerning the razoning of 2.217 acres from a Commercial (C) zoning district to a Multl4smilly One (MF•1) zoning district. The undeveloped property Is located on the south side of I-35 East and to the north of Londonderry Street; it Is legally described as part of Tract 350 of the Alexander Hill Survey. The proposal Is to develops multi-family complex. (2.58-026, Needham Enterprlses, Wayne Reed) Commissioner Powell: We now go to Mom 11-we will hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 2 297 acres from a Commercial zoning district to a Multi-family One zoning district. The undeveloped property Is located on the south side of 1-35 East and to the north of Londonderry Street; d Is legally described as part of Tract 350 of the Alexander Hill Survey. The proposal Is to develop a multi-famiy, complex. Mr. Reed Mr. Wayne Read presented the staff report. +t Mr. Reed Thank you again The rezoning case we have before us now conco • the property that Is zoned ! commerciat It was zoned commercaf In 1883, Previous to that, M was zoned cultural. The applicant at this time would like to havt M zoned to multifamily 1-or In other words, down zone multi-family from commercial. The property at present-let me put up the zoning map-Is surrounded by s arlety of land uses and zoning districts Presently there are several suffered uses-there's the Oulbsck Steakhouse bcaled at the Intersection of Sam Bass Boulevard and 1-35; there's the A-1 Rental bested to the northwest of the subject tract, there's a motorcycle business bested to the easy, end then over to the southwest, apartment complexes and to the south as welt. Howevrr, for the most pert surrounding this property is all undeveloped land, The applicant also owns, just for the information of the audience and the Commission, owns the property directly south of the 2.291 acres being considered tonight for rezoning, and that property is already zoned for multi-family 1. They have expressed an interest In developing this total tract of lend for multi-famiy. The landscape code would apply to this 2 297 acres, to any development, once platted, would hove to meet our landscape code, Notices were sent out, and we have received two. I would like to hand you the original, to that y'all can look at them since the responses also have comments written on them 1 think that yell may want to read that, One response Is In opposition; one Is In favor. This particular proposal would also-as for the Comprehensive Plan onalysis, M Is consistent all the way down the board with the 1988 Donlon Development Plan and also consistent with several of the Denton Plan polies In particular, the Intensity for this particular use would be lower than whet M Is currently zoned for; and, in fad, whet that would do is lower the impact of tfWw on the transportation infrastructure in this particular area Even though p this area Is already over allocated as per our 1988 Denton Development Plan, 0 this was approved, a would reduce the over allocation of trips In this area So on the matrix in the staff report, 8 ►bwed as being consistent with the plan even though the area Is over allocated This one reduces that over ablution I kind of wanted to explain that. Asa matter of lad, M reduces M by 1,133 trips to answer any questiomr that you may have. 10, I a x ~Q ~rx. 0 o - t ' Planning and Zoning Commission Minutes May 27, 1D96 Page 23 of 68 Commissioner Powen: Any questions of Mc Reed of this time? Yes Ms, Ganzer: For my own benefl. what Is the total acreage going to be when this Is added to the other that they own? Mr. Reed. Off hand, I do not have that Ms. Ganzer: Justspproximatey. (Inaudible) Ms. Gamer. Six ands hall? Thank you, I I Ma, Apple: Wayne, can you show me where Jason Drive Is that they want to extend? Pardon me. i I Mr. Reed, Yes Jason Drive Is demonsln,ad on the location map so N is currently paved end runs right here nor and south off of Londonderry Street, They propose, Of N goes as they plan, to extend that up to this particular site and then access for this particular 2 297 sues would be given to 1-35. So, N could polentiely go an the way up to f 1.35. f Ms. Apple: My feelings on.... Is that Something that's been discussed prior, lo,. . Mr. Reed. Il has been discussed. I's lot David Salmon make any other comments concerning that, Mr. Salmon. We haven't perticutarfy diseased that with the applicant, I know there's beans lot of talk over the pest few years, In light of the new middle School, about the possibil ty of Jason Drive extending to the service rood. From a traffic standpoint concerning the mddle sehoof, N's hot gWng to help a M. So. I don't think N's a connection that the City, or at bast staff, really thinks needs to be made, although I do not think there's any particular problem with lt Doing made either. Ms Apple: Okay, thanks 1 Mr. Engelbrecht Witlle you are there. David, have you discussed with the School District the possibility of this extension to the service road and got some feeling about what their desires are? If not, I would hope that we I wol,ld. Mr. Salmon. I think before the school was under construction, there was some discussions concerning whether W r not that might be helpful in terms of school traffic f think that we came to a conclusion, with the help of a traffic consultant, that in the big picture, N realty was not going to help traffic s M. Basically, all that roods does is goes up and then lies in with a one-way service road, and you Still and up at the intersection of 1.35 end Teasley. Mr. 6,gelbrecht, But you all have had the ciscussions and have talked about 017 Mr. Saimon Right, we have had d scuu ons wilh the School Dialyd probably a couple of years ago . Commissioner Powell, Any other questions of staff at this time? ie the peiHbner here to Speatr? Could we have your name and address Sir? Mr. Conners. Yes. Patrick Conners, 4405 Beltwood Parkway North, Oellas Tern 75248. Commissioner Powell Thank you, Mr. Conners Mc Conners Thank you fu hearing this today, end we respectfully request to have this rezoned to that we con tic N to our property that we already hove possession of end are looking to make this a viable project [hat we tan r utlfize, We are hereto answer any questions that anybody might have. Q Commissioner Powell Are there any questions of Mr. Conners at this time? N you do nol haw any furer comment [hen, there are apparently no questions, Sir, Thank you. Is there anyone In" audience that would like to Speak in favor? Anyone in the audience that would like to speak in favor? Anyone h the audiencethol would 11. I~ 32 x~~ A 0 3araF,ga Planning and Zoning Commission Minutes May 27, 1998 Page 24 of 58 like to speak against? Anyone In the audience that would like to speak against? Staff, do you have any further comments at this time? Mr. Reed No; staff recommends approval. Commissioner Powell Mr. Conners, you have on option here to use N N you have any further comments. Thank you. I will then close [he public hearing and open this floor up here for discussion andlor a motion Ms. Gamer: Mr. Chair? Commissioner Powell: Yes, ma'am; go ahead Ms. Ganzer I would like to move to recommend approval of 2.98-025 Mr. Engelbrecht. Second. I Commissioner Powell We have a motion and a second, Is there any discusson on this motion end this second? I will cell for a vote. All votes have been cast and The motion h passed five to zero. (S - 0) Agenda Item 12 was removed from the agenda. 12. Hold a public hearing and consldar approval of the preliminary and final plats of Lots 111l and 1R•2 of the Preston Place Addition, Wing a replal of Lot If of the rreslon Place Addition. The 0.80 acre property Is located on the southeast caner of West Sherman Drive and Greenwood Street The purpose of the plat Is to subdivide Lot 8 of the Preston Plan Addition into two (2) lots for single-family residential development. (PFR-11-041, Preston Place, Wayne Read) 17. Hold a public hearln% and consider making a recommendation to City Council concerning a request to change zoning from sea Agricultural (A) Zoning district to a Ona-Family Owstling (SF-7(c1) Zoning district, The 32.745-acre tract Is located in south Denton, north of Hickory Creek Road, approximately 1,500 feet weal of FM 2111. Single-family residential development Is proposed. (Z•17-034, Weatherford, Mark Donaldson) Commissioner Powell. We will move on to Item 13- hold s public hearing and consider making a recommendation to City Council concerning a request to change zoning from an Agricultural zoning district to a One-Family Dwelling zoning district . The 32.745-acre tract Is located 0 south Denton, north of Hickory Creek Road, epproximstey 1,500 feet west of FM 2181 Single-family residential Development is proposed Mr. Donaldson. Mr. Mark Donaldson presanlod the staff report, Mr, Donaldson Thank you, Mr. Chair. In January err 1998, we had this Item In your packets, end Staff pulled it at the lest minute when we realized that In April of 1997 a similar request had been made and recommended for approval through the Planning and Zoning Commission and subsequently withdrawn Oer public not" had been made and a hearing had been scheduled for City Council kicking In a twelve-month walling period for comparable, zoning Se, [here has been a number of applicaticli on this particular property In the last thirteen months now, and the application tonight Is similar to the one In January uA,ept that two conditions have beat) added. At the request of the developer and supported by staff, they are that lop on the was arm end eastern boundaries of the property shall be a minimum of 10,000 square feel and that there will be a landscape buffer yard also along both the eastern end western boundaries. This will help to provide for compatibility with the adyscent neighborhood, to to speak In terms of consistency with the Denton Development Plan, Included In your packet Is a matrix, enclosure number four, and you will see that 14 consistent In dl areas with the exception that no neighborhood meeting was held I had a hard lime defining what the neighborhood was out there because N Is not very Intensely developed yet In terms of compatibility with [hill, adjoining areas, highlighted In the yellow are other properties that have Si zoning with pretty much the balance still either agrkullurel or ETJ or in the case of a couple of developments up Q J~e here within planned developments the hatched area Is [he subject property, end N marks a continuation o) the e,isting predominant Si toned district All of these areas have preliminary plats In place,, only the development immediately 10 the west has any Anal plats that have been approved. You an see those on the map. These bb are greater than the minimum required in a SF-7 zoned district. Thal a pert of the lesson why the applkant is willing to condition the adjoining lots to [his area with the minimum 10 000 square foot size and, also, on the eastern 12. 1 r. A • 0 ti i ATTACHMENT 3 i NOTICE OF PUBLIC HEARING Z-98-025 The Planning and Zoning Commission of the City of Denton will M)Id a public hearing on Nednesday, May 27, 1998, to consider rezoning 2.297 acres from a Commerclai (C) zoning district to a Multi-family One (MF-1) zoning district. The property is legally described as part of Tract 350 of the Alexander Hill Survey (Abstract 623) and Is located on the south side of 1.35 East and to the North of Londonderry Street. The proposal is to develop a multl-family complex, The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, in order for public opinion to be taken Into account, return this form with your comments to: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I A zoning petition follows a two step process designed to provide opportunities for citizen Involvement and comment. The first step, following the submission of an application for a zoning change, is to schedule a public hearing before the Planning and Zoning Commission. Landowners within two hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public hearing by way of this notice. The Commission Is Informed of the percent of responses in support and In opposition. Second, the zoning petition Is forv.arded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Coun; li, If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: Tr4 vacant land just to the South of this plot is zone rW-1 6 LI, so I don't think changing this from Owrnercisl to MF-1 should be a problem or concern. ^ The area is either oorrercial or Multi Family now. Signature: - Printed Name: _ E. Joseph Bendz ck MAY 2 0 Mailing Address: 1810 Teasley lane City, State Zip: Denton, TX 76205 Telephone Number: 9el-566-1352 Physical Address of Property within 200 feet: North end of Jason Drive CITY OF DENTON, TEXAS CITY HALL WEST DI NTON, TEXAS 76201 • 940.349.6350 t-WW5 200' NIMCi duo 13. 32;X Ir~ s . 0 mom= NOTICE OF PUBLIC HEARING Z-9"25 The Planning and Zoning Comrnisslon of the City of Denton wilt hold * public hearing on ' Wednesday, May 27, 1998, to :onsldor rezoning 2.207 awes from a Commardel (C) zoning dlstrlet to a Mull-family One (Mi-I) zoning district The property Is legally described as part of Tract 350 of the Alexander Hill Survey (Abstract 623) and is located on the south side of 1-35 East and to the North of Londonde Street. The rry proposal Is to develop a mutfldamly complex. The ppublic hearing will start at 5:30 p.m. In the City Council Chambers of City Hal located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would Ilk* to hear how you feel about this zoning ch,inge request and Invites you 10 !nand the public hearing. Please, In order for public opinion to oe taken into account, return this form with your comments to: f Planning and Development Department 221 N. Etna ST Denton, Texas 70201 Attn: Wayrie Reed, Planner A zoning petition follows a two step process designed to provide opportuairles fw dtlzen Involvement and comment. Trio first step, following the submission of an eptpOcatlon for a zoning change. Is to schedule a public hearing before the P;anning and Zoning CoT.tnisslon. Landowners within two hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public hearing by way of this notice. The Commission Is Womtod of thr, percent of responses In supp-xl and in opposition. Second, the zoning petition Is forwarded to the Ctty Council for final act on providing the Commission recorinmends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. it owners of more than twenty (2u) percent of the land area within two hundred (200) feet of the Shto submit written opposition, then six out of seven votes of the City Council am required to approve the zoning change. These Wins ate used to calculate the percentage of landowner opposition. Please circle one: in favor of request Neutral to request posed to request Comments: My op;ern, defaJa vl,m 4U qualrly of +1A frnif 0" dt+elv~rao W,M an~ hta flys►mafin, 1~1rrthrk?'d abzvt, i+ d <Afpwilf- h Glelarmrru w pe D»}eJ it atth'uPsFed , • Signature: Printed Name: . f I '(Wet46w1 my Z 6 I; lB Maihnq Address'. 7N ,few Il City, State Zip: _ D2ttlbh, rX 7620i•_ Telephone Number, ~61•14d6 • Physical Address of Property within 200feet: 5!S Latdendsy~ • • CITY OF DENTON, TEXAS CITY HALL WEST - DENTOM TEXAS 76201 940.340.0330 r-nnr+, too I Pd 'N".' 4'K 14. w,, ~~K~❑ 32x!❑ mom 1 I n I 1 O 1 I{ r :I 1 u ti ATTACHMENT 4 l NORTH Z-98.025 Needham Enterprises) I E Za98 3,0 ~:,s, 1114 ~ t acres I acres o oil; will, -1 . 11 WON$- to (:.d DEVELOPMENT BOUNDARY MAP II 1y1 rf lr , 'r 1 r 'mil I~ 1 h r ~ Date: June 18, 1998 Scale: one 15. a' 2XID o i. i. . err. u.Yi n.'. 5.. 4'.:.:r 4 G '..Yl.n).~ P, ~ f.vi.Y ....i.. ATTACHMENT 5 NORTH j Z•98.025 (Needham Enterprises) .t W 4v ".0 c -`t _s t. ■ ~G jw4jj G UTILITIES MAP i Water Line Sewer Line J 3: ' • Electric Line 6 41d Date: June 16, 1998 scale: None 16. 0 z.ea.ozs ATTACHMENT 6 ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE , FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO MULTI-FAIRILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION For, 2294 ACRES OF LAND BOUNDED BY 1.35 EAST TO THE NORTH, TEASLEY LANE TO THE EAST, LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Needham Enterprises, on behalf of the owners, R. J. and Sherri Hutchinson, has applied for a change in zoning for 2,294 acres of land from Commercial (C) zoning district classification and use designation to Multi-Family 1 (MF•1) zoning district classification and use designation; and WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change In zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL Or- THE CITY OF OENTON HEREBY ORDAINS: Section . That the zoning district classification and use designation of the 2.294 acre tract of land described in the legal description attached hereto and Incorporated horein as Exhibit A, is changed from Commercial (C) zoning district classification and use designation to Multi-Family 1 (MF-1) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, Section it. 1. 91 the City's official zoning map Is amended to show the change In zoning district classification. $e ti 1. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is vio'ated shall constitute a separate and distinct offense. i • , S i n I . That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of ,1998, 0 JACK MILLER, MAYOR 17, ~ r r X10 32XIO 0 x~ r j, 'x!1!0 1 R S •r' ~ vn ~ t r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY , BY: i , ,j ~ t "r~l 5 Ask i , 4 t 4~ • 32 X low W..". 0 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NUMBER 823, CITY AND rOUNTY OF DENTON, TEXAS, BEING PART OF A CALLLEO 10,709 ACRE TRACT DESCRIBED 14 A DEED FROM FLORENCE MARIE FLANAW TO GARY J. RHYNE RECORDED IN VOLUME 871, PACE 301, DEED RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FENCE CORNER POST AT THE SOUTHEAST CORNER OF SAID RHYNE TRACT; , THENCE SOUTH 88 DECREES 09 MINUTES 36 SECONDS WEST WITH THE NORTH LINE OF RESIDENCE II ADDITION, AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET F, PACE 317, PLAT RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 266.73 FEET TO AN IRON PIN SET AT THE POINT OF BEGINNING OF THE HERON DESCRIBED TRACT; THENCE SOUTH 88 DECREES 13 MINUTES 37 SECONDS WEST WITH THE NORTH LINE OF SAID RESIDENCE II ADDITION, A DISTANCE OF 320.73 FEET TO AN IRON PIN WrTH A RED CAP FOUND AT THE SOUTHEAST' CORNER OF A TRACT DESCRIBED IN A DEED TO SAM BASS PLAZA, LTD., RECORDED IN COUNTY CLERKS INSTRUMENT NO. 93-RD031930, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 44 MINUTEES 29 SECONDS EAST WITH THE EAST LINE OF SAID SAM BASS PLAZA. LTD. TRACT A DISTANCE OF 294.40 FEET TO A 2 INCH IRON PIPE FOUND AT THE SOUTH WEST CORNER OF A TRACT DESCRIBED IN A DEED TO ALEXANDER M. FINLAY, JR. RECORDED IN VOLUME 964, PACE 475, DEED RECORDS, DEN70N COUNTY, TEXAS; THENCE SOUTH 89 DECREES 24 MINUTES 34 SECONDS EAST WITH THE SOUTH LINE OF SAID FINLAY TRACT A DISTANCE OF 275.30 FEET TO A 1/2 INCH IRON PIN SET AT THE SOUTHEAST CORNER OF SAID FINLAY TRACT; THENCE NORTH 00 DEGREES 36 MINUTES 19 SECONDS EAST WITH THE EAST DIST FEET TO • PINESETFONATHEISOUTH RGHT OF WANCE OP INTERSTATE HIGHWAY /35E; INCH IRON THENCE SOUTH 77 DEGREES 35 MINUTES 53 SECONDS EAST WITH SAID RIGHT OF WAY A DISTANCE OF 30.65 FEET TO A 1/2 INCH IRON PIN SET; THENCE SOUTH 00 DECREES 55 MINUTES 13 SECONDS EAST A DISTANCE OF 543.00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL • 100,000.0 SQUARE FEET OR 2.2939 ACRES OF LAND, p • 1 j ~ 19. 32 x ❑ r! , • 0 UNIX" AGENDA INFORMATION SHEET & voa AGENDA DATE: June 16, 1998 410410 bM DIM DEPARTMENT: Planning Department ' DCM: Rick Svehla, 349-7715 SUBJECT -Amendment of a Detailed Plan, PD-87, (Z-98.023) Hold a public hearing and consider approval of an amendment of # detailed plan within a Planned Development (PD-B'!). The 4.708 acre tract is located in south Denton on the west side of Lillian Miller Parkway, between 1.35E and Southridge Drive, The cumat detailed plan is for single-family residential development; office development is proposed. The Planning and Zoning Commission recommended approval (3.2). BACKGROUND The applicant has proposed amending an approved detailed plan to change the use of land north of Southridge Drive from nine (9) single-family residential lots to eight (8) office lots with no more than 36,000 square feet of floor area. The area Mthin the planned development south of Southridge Drive, currently approved for six (6) single family residential lots, is not affected by this request. The characteristics of the new detailed plan are described in Atrochment 9, The Planning and Zoning Commission staff report describes the factors to evaluate consistency with the 1988 Denton Development Plan and compatibility with the sunroun&g developments With respect to land use, intensity, concentration, and strip commercial criteria, the proposed amended detailed plan can be found to be consistent with the Denton Development Plan; With respect to site plan control, traffic design, intensity, green space, and neighborhood input criteria as described in the DDP, the proposed amended detailed plan can be found to be compatibly with surrounding development. Public notice was mailed to twenty-nine (29) surrounding property owners on May 13, 1998. One reply form was returned in favor and seven (7) reply forms were returned in opposition, including one that is entirely outside the required notice area. The written response in opposition represents less than ten (10) percent of the land area within two hundred feet of the proposed zoning action. A neighborhood meeting was held on Thursday, May 21, 1998. More than 30 persons were in attendance. c I I t PAJOR ACTION I REVIEW (Council. Boards. Commisslonsl > The Planning and Zoning Commission recommended approval (3 • 2) of the amended detailed 1 plan at its ineeting on May 27, 1998. 0 • FISCAL INFORMATIO Development of this properly as offices will Increase the assessed value of the city, county and school district. The development will require no short-tenn public improvements that are the responsibility of the city. 1. , I F 14' 1 r ,I I 1 I. I . r.. J...... I -n-rnry.IMl%~~•4MrIWYpMYrguAi wa WM1w.wY^fr w.r+r+.. ♦r. r. 1 AIJACHdIENTS L Location Map. ` 2. Vicinity Map. k 3. Zoning Map. 4. Utility Map. S. Mailing List Map. 6. Mailing List. ' 7. Detailed Plan. 8. Revised Detailed Plan. 9. Comparison of Conditions. 10. Applicant Proposed Uses. 11. Comparative Zoning Tables. 12. Comparative Zoning Tables. f 13. Denton Plan Matrix. 14. Planning and Zoning Commission Staff Report. (Z-98.023) 15. Planning and Zoning Commission Minutes. k 16. Draft Ordinance. Res fully aubmi avid Hill Director of Planning and Development Prepared by: Mark Donaldson Assistant Director, Planning and Development 14 t ks . +1 2, 2 .5 10 1-- -LA i , ' E , YAM i r: i , F LOCATION MAP ATTACHMENT 1 Z-98-023 r. i E SITE r { ~ I r I f F ` ~ a y. 1 7 ,sjl 32 X~ +f I v L }~I ATTACHMENT 2 VICINITY MAP Z-98-023 a V , SITE r 0 r - - N . r 4. ; l~ t 14 t. l ; 25X10 32XIO Caro 't ' r 0 ZONING MAP ATTACHMENT 3 Z-98-023 ~7-•..~.xwc 1 4 r ` ,y ` per: 2F !7 ,a{`~! r J.y J r + i t t: li'. 1~' 4Y. j t vBF•18, I i' ~ I a skse to sS:~TI- J F / q i f t r 'c :w r. ~`:_~ixnWlf~lltw ♦ F ^ 1'3FMII~MW,O' bF•1 d r . rti(naf~~kl1l ,onM lu r t I PD ne ' j A VF lo P t~'~rS Lyf'df ~r!QyM(n ~n[k rwr ..~•rrrrrrr rr rr rrwr~ i .I 4, `tNUI G~I ,..r r r r r r r r rof. ra r. r~r,V, 1 r ~ R~ ~ .mtu 0',1~~ e.5 1 l r r~~ ro2 I t s I 4 F 10101 ~ I r I ~ ~I ~ I -ta ~ I .3f~ nos; ~ 11 ~-=-1 d • I to I t4 ~ssI- }r!r rrrw r w rrr rr rrr. r+'.~w rrr ri Lv r. t S rFc. °1 I + 4 r, s, 1 r' r v '32 X r y'. 0 p t ATTACHMENT 4 UTILITY MAP Z-98-023 Y Rai do, 8" Sewer Line SITE 30" Water Line A" Water Line i i~ `v/' ; b o f 25 ~~~2X~❑ v NINON i ATTACHMENT 5 MAILING LIST MAP Z-98-023 Z-98-023 Q ~ok T I'll LIT32xlo I I~ Y I M~~ I O 4 i i ' i ATTACHMENT 6 Z-98.023 Mailing List Tract/Lot Tax ID 8itus Owner{s} Southridge Estates Phase I, Block 2 Beazer Homes Tex LP PIS 2 178975 9999 Blue Ridge Ct. 5775 Peachtree Dunwoody #C550 Atlanta GA 30342.1505 1 178974 9999 Blue Ridge Ct. Beazer Homes Tex LP PIS I _ (duplicate) I Centennial Homes Inc. 1A 178946 9999 Lillian Mille clo Southridge Est. HOA 1231 Greenway Dr. 0400 Irving, TX 75038 Southridge Estates Phase I, Block 1 1 178947 9999 Richmond Ct. Beazer Homes Tex LP PIS _ (duplicate) Southridge Est. Homeowner 1A 178941 9999 Lillian Miller 7557 Rambler Rd. Suite 850 Dallas, TX 75231.2303 2A 178942 0999 Natchez Southrldge Est. Homeowner du Ilcate 2 178948 9999 Richmond Ct. Beazer Homes Tex LP PIS du Ilcate 3A 178943 Southridge Eat Homeowner duplicate) 3 178949 9999 Richmond Ct. Beazer Homes Tex LP PIS (duplicate) 4 178950 9999 Richmond Ct. Beazer Homes Tex LP P S _ duplicate 4A 1478944 9999 Lillian Miller Southridge Est Homeowner (duplicate) Oakmont Village Addition, Block A Denton MS Inc. 1 168237 2511 Lillian Miller 600 N. Pearl #700 LS 182 Dallas TX 76201 Southrdge Village Shopping Center Addn, Southridge Pacific Amer - - 1A 128441 2430 S.1-35E 5430 LBJ Freeway 0280 y Dallas TX 76240 - - Albertsons Inc. 2R 126455 2434 S. 1.35E 250 Park Center Blvd, P.O. Box 20 Poge t orb c,,nry r~w~,~nvt„inerow» M.;ire i.;n aK 8. , ID I i Tract/Lot Tax ID Situs Owner(e) Southridge East, Phase 1, Block 38 Philip W. Watkins 32 103094 2265 Hollyhill Ln. 2265 Hollyhiil Ln. Denton TX 76205 James C. Tritt 31 103093 2261 Hollyhiil Ln. 2281 Hollyhill Dr. Denton, TX 76205 Southridge East, Phase 1, Block 40 James A. Puffer 6 103125 2276 Hollyhill Ln, 2276 Hollyhlll Ln. Denton TX 76205 Jessie R. Swafford 5 103124 2272 Hollyhill Ln. 2272 Holiyhill Ln, Denton TX 78205 Ann N. Parker 7 103126 1713 Lynhurst Ln. 1713 Lynhurst Ln. _ Denton, TX 76205 James D. Hubbard, Jr. 8 103127 1709 Lynhurst Ln. 1512 Shady Oaks Lane. Fort Worth, TX 76107.3539 David M. Bruce 9 103128 1705 Lynhurst Ln, 2264 Hollyhlll Dr. Denton TX 76205 Southridge East, Phase 1, Block 35 Marcilla L. Colinsworlh 40 103077 1712 Lynhurst Ln. 1712 Lynhurst Ln. Denton, TX 76205 MVRM Denton JN 39 103078 1708 Lynhurst Ln, 4529 Mahogany Ln, Copper Canyon, TX 75067.8548 The Ridge of Suuthrldge, Block A MVRM Denton JN 11 105208 2324 Hollyhlli Ln. du ticate I • Amrik Hendiazad 1 12 105206 2320 Hollyhill Ln. 24 Cromwell Dr. Morristown NJ 07960.4603 The Ridge of South ridge, Block A Manuel D. Williamson 0 13 -105209 - 2318 Hollyhill Lm. Rt. 2, Box 890 • San er, TX 76266.9802 Joseph Kesterson 14 105211 2312 Hollyhill Ln, 2312 Hollyhlll Ln. I Denton, TX 76205 Nge 2 of 3 C.bly bucumm ilmiin~'Z4AUlJ Miilin~ Llit dc 9. ~tC1 32x~C~ Noma= I r e 'KVruwr 0 • i• ..r, a w.,Fr,n,., nr+.a,♦M9"Ntl'YN'!;'wstfa"VvN?nH!Misr r:. :.+-,:v s.n.~...,r,~;. ~ ~ Tract/Lot Tax ID NUB Owner(s) N Phillip R. Edgington 15 105213 2308 Hollyhill Ln. 2308 Hollyhill Denton TX 76205 Charlotte Whaley 16 105214 2304 Hollyhill Ln. 2304 Hollyhill Ln. " Denton TX 76205 Albert N. Sanches 17 105215 2300 Hollyhill Ln. 2300 Hollyhill Ln. Denton TX 76205 The Ridge of Southrldge, Block B Paul E. & Teri Lynn Barrus 5 105222 2313 Hollyhlll Ln. 2313 Hollyhlll Ln. Denton TX 76205 Herman F, & Gay Lynn Bynum 6 105223 2309 Hollyhill Ln. 2309 Hollyhlll Ln. Denton, TX r 8205 Glenn 0. Trachta 7 105224 2305 Hollyhill Ln, 2305 Hollyhill Ln. _ Denton TX 76205 Edward F. Wolskl 8 105225 2301 Hollyhill Ln, 24381.35E South Suite 336 Denton TX 76205 Abstract 797 Mavex Development Corp. 53,65 035838 2602 Lillian Miller 4529 Mahogany Ln, Lewisvllie TX 76067 Robert L. & Marion C. Hutsell 53A 168134 1520 Gatewood Dr. Denton TX 76205 Daniel R. & Pamela D. Martin 53B 168135 717 Lafayette Denton TX 78205 " - - Albert N. Sanches 55A 187401 9999 Southridge Dr. 2300 Hollyhlll Ln, Denton TX 76201 i Pole J of 3 f t' .'My Ixcumtne,'1.unInNZ9602! Mullins UnI dnt • to. s I r x32 X mom= 4 • w WIN i Q o r Original Detailed Plan ATTACHMENT 7 j PD-87 \ ~C 2tR am I; .nnfn0p4 j f r7 ory r 00 r~pps F , o'a to ;;S 7 }WJWJ a o C S Y. Q a ~T f n ~I J 1111~ 1 E- --gin I~~1 v•y: 2 32 X I O r 1~NV~V1~1° tx~ aa;~" 1 h r ^i I b, e I~ 4 z ! , 11~'p 'l; h 7 'i 4 ~r t }Mk r , . ."a %WN'. e fl11'~a.3L'E a,, _.....:T...ww-rm•nMah&vw hrn.,:,..,.. ATTACHMENT 8 Revised Detailed Plan PD-87 LOT LOT FAA%MII ONLONO 9121111 an Mk4 ` . I 48~ awew cl0 h , 7 SSAOOIP 10144 k LII'OGOI47 0 71ADW NM M 017! r~w ~ 4 29"26F 22" 11IF 6 730000r 7" K 0 I0,T04Q 044 1 11D140r 0r7 0! ' 0 1~UOOr 0A1I Ir m IANBD 111 " 1• y P1101• ~»s~ lr 20' warI Kara r e ~ O G3~ I ►RIr1~S101i+L d ZOtSO 61''16 OeWMAL GCUfE •+sl .,~'r 4%, ~1fJ 0Ar/LE FAMILY IWIDIfRUL 4 nAQero flI Sw y 20NW 6F-10 LO{6:. j,, SNOLM FAMILY 1111111E L40 711'1 LIA OTT TT Lw ..'1 K 11'. ~ti 4 ''wi •i ' "1!I ! LOT ' i Y I yi G O 1 LOT 2LOT :LOT s,: NI ' v. 11 H 7.4' Li 1 i,'( l• •1 / MWU i lt,I~dTI•. ..yV.rf + .1'!•!,; %•'1~ LOGA110N 1 ~rl 'r rm7 ealsnw~ r~1 ~ " °I r 4401'014 fir, PMOPI70M MILLER P,~RKWry1{p~-p-g-~-"~p~,~ COW LILLIAN MILLIMt IN6 . TION9 !OR A 4,9 ACRt 6111 ON 66NMAL NO"M r110H1517w U6C6: ! A TROrHOIONIIL AND OI?QRA{. OARD51 am"MMLY 0101LAW IrfllSAM ^I qKk Or ZONED rp•61 OPPI FI TINT WILL a DlOIO}!D r° wA " d' nrcwu,w e on PA?Wft NJl101N6 RITIIAC IOR n1 A RMIDe1TLAL OM1 TO SUM WI1N ~ealw Aou7 H"POurr 7MeGLIKIR ula7lwN01fMomfooD, 1108aMI ny~> 1. KkVKM MLDNO NMOHT MALL Nor esteem 1 com 04 SPIIIIIIADI AI TI Ole STORY P011 Alm eNLDUlO ON THI INl.GT ~ tar am "I mwiow FAWLI ."m=3 TRACT 1 4.108 ACRES 9050'11 5F S 5102 YA.Dee7eAelce,10', I ` tOf S NMrT0000MWeE Ryµ 1 S. FRI \ , y, 04YARDO2ll'. a M7 w*%~Af on cacovvtrt r• 4, 1AAK"RDl, 70, I'M■fAAIII AI AI 50UTHRIDGE OAKS 4. KN07A4 !eA}t Y P. Tre TOTAL rLOoR AMA roR ALL wLDMOO MMWAAITF.Ftw 1f 0RI "mw ~d b veNTON, TEXAS 0444 NOT RxceeD "AV K, ,ter r7 ,a cd eoww DETAILED 5IILT~ PLAN fAAZk ,WiLlNf~DOOdO M MRL0011 ,mw ,.a0 awarn.kfimr • A PROPOSED PROFESSIONAL AND GENERAL 6' e 2 ~ut °LO ° L ee ~nN1MLM .+7 uO,1wx,Rw"ra, 7. feaorne MATeAU1 eHALL ee coKOemoN OIANOIl6 n71x Iii "wa wow w ~ o OFFICE PARK DEvVLOPMENT S. DIWT onl-one *MN6 HILL a fWAITI n+.a+7WI 'R. LOADf W DOCKS MALL Nor ee re a Ir m ON 746 1101 a1ASw as PROJECT FOR IRWIN PROPERTIES TTM",,•"fto4I 04 No, 418-290 DENTON, TEXA'6 REVISED 9.95-4qb 121 t 1. 25xIC~ x ~K:I 22x10 1 i 0 ' Y ATTACHMENT 9 PD-87 Detailed Plan Comparison of Conditions Proposed by Applicant Recommended by Staff Prior to Neighborhood Meeting After Neighborhood Meeting Uses shall be limited to those of the office Uses shall be limited to professional, zoning district classification except those medical, dental or business administrative prohibited. services, small animal clinic or public park or open space. Total floor area of medical or dental offices shall not exceed 50% of total allowed floor area. Maximum building height of one story Maximum building height of one story Total floor area for all buildings not to Total floor area for all buildings not to exceed 45,000 square feet. exceed 36,000 square feet. f,. No individual building shall exceed 7,500 No individual building shall exceed 6,000 square feet of floor area. square feet of roof area. Exterior walls shall be constructed of brick, Exterior walls shall be constructed of brick, brick veneer or other masonry materials. brick veneer or other mason materials. A buffer yard of not less than 15 feel shall A buffer yard of not less than 20 feet shall be maintahied along adjacent residential be maintained along adjacent residential pr perty_ property. A min!mum of 12 trees per 100 lineal feet A minimum of 12 trees per 100 lineal feel will be maintained or planted in the buffer will be maintained or planted in the buffer yard. yard. No less than 33% shall be from the city's large tree planting list. A fence of no less than 6 feet in height shall be required. Ali buildings shall maintain pitched roofs Ail buildings shall have no less than 6112 and composition shingles. _ root itch with composition shingles. No direct off-site lighting shall be Lighting on the property shall be designed permitted. and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion of light into the night sky. No loading docks shall" mined. No load! docks shall be rmi"9d. f Setback shall be 35 feet on the front. Setbacks shall be. JS at on the front, 20 _ feet on the rear and 10 feet on the side. Signs shall have the ollow!ng attributes: Maximum height of 6 feet; Maximum sign area of 24 square feet; Maximum sign area of pro~ect of 1192 ~ . • square feet; and Maximum number per lot of one. - Access to the property from Southridge Drive should be limited to emergency vehicles only. I ~ 13. Y ~5 la 32xlo O ATTACY:'aENT 10 ' °O" Office District Permitted Uses As Proposed by Applicant PROHIBITED BY APPLICANT Sewage Pumping Station Private Swimming Pool Telephone, Business Office Community Unit opmen Telei none Line & Exchange Switching DOFFS'11CIFY, BeaFd'n@ of Rooming House or Relay Station Hotel( Metal Water Reservoir, Water Pumping Art Gallery or Museum Station .x Well Church or Rectory Country C .ub (Private) with Goff Course College or University or Private School Public Goff Course ; Public Park or Playground II Public Play Field or Stadium Halfway Houses Railroad Track or Right-of-Way Hospital (GeneFal AGute Cara) Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health Public Library Animal Clinic or Hospital (No outside runs or pens) Farm or RancS AqW Cemetery OF Maustala- wn Occasional Sales Park or Playground Home fQF C859 of , Psyehiatds.Fatients School, Public or Denominational Public Building, Shop, of Yard School, Business or Trade Radio aAd Asseeeeq lRul in@ Tower EieO& Substation Airport Landing Field or Heliport Temporary Field or Construction Off" Celeterria I ' t3uildir►g liestaurant P' station Home Occupation Off-Street Parking Incidental to Main in the sale et Use 84sehelis beverages. Off-Street Remote Parking t„ r ti" s 14. a ri ~a10 32XI❑ O O C. 1 ATTACHMENT 11 Table 1 PD-87, Southridge Oaks Proposed Office Zoning Designation _ June 16, 1998 Name (Date) Zone District Acres Floor Area Floor Area I Allowed Ratio Southri a Oaks (1998) 1 PD-87 4.708 36,000 s q, ft. 0.18: 1.0 Table 2 ; • Ai Lillian Miller Parkway / Teasley Lane Corridor To Ryan Road Approved Office Zoning Designation Through June 5, 1998 Name (Date) Zone District Acres Floor Area Floor Area Allowed Ratio JW Erwin 1998 0[c) 39 2.666 30,000 . ft. 0.26: 1.0 Wind River 01c] 45 0.700 8,283 s q. R, 0.27:1.0 Hunter Ride 0[c] 9 4.706 55,000 s q. R. 0.27:1.0 Sundown Ranch O c 48 3.210 45,000 R. 0.32:1.0 Bent Oaks PD-65 1.199 _ 8,372 R. 0.18: 1.0 Dove Creek (1998) 0 c 4.998 45,000 s . R. 0.21 : 1.0 TOTAL APPROVED 17.477 192,835 sq. ft. 0.25: 1.0 Table 3 Lillian Miller Parkway / Teasley Lane Corridor i To Ryan Road Approved Retail and Other Zoning Designation Through June 5, 1998 Name (Date) Zone District Acres Floor Area Floor Aroa _ Allowed _ Ratio o Library, Fire Station (1991 PD•10 _ 2,830 37,000 sq. ft. 0.30: 1.0 Retail (199f)~~ PD•18 8,370 86,200 0.24:1,0 4<; Lakeview West (1995 GR c 25 1.233 4,000 . R. 0.07: 1.0 . TOTAL APPROVED--- ~ T 12.433 127,200 sq. 0.23 : 1A • 15. 4 f • ~r t 25 32x10 0 n ATTACHMENT 12 Table 4 Lillian Miller Parkway / Teasley Lane Corridor To Ryan Road Approved Residential Zoning Designation Through June 5, 1998 Name Date Zone District Acres Southrid a Oaks 1993 PD-87 9.626 Morningstar Retirement (1996 SUP-208 5.319 Southri a Estates 1994 PD-153 43.792 Hunters Ride 1993) SF-16 16.205 Wind River (1996) SF-10 51,900 SF-7 83,400 Sundown Ranch (1996) SF-10 58.110 SF-7 111,280 Bent Oaks (1993) PD-65 15.398 Summit Oaks (1997) PD-162 77,600 Denton West MHP 1977) SUP 140 55.092 TOTAL. APPROVED 527.722 i Table 3 Current Zoning Classification j Of Subdivisions Adjacent to Lillian Miller Parkway and Teasley Lane Zonis Classification Acres _ Percentage_ Residential _ 527.722 94.64 Office _ 17.477 - 3.13 Retail _ 12.433 2.23 TOTAL 557.632 100.0 Table 6 s AffecE of Proposed Zoning Change on Zoning Classification Of Subdivisions Adjacent to Lillian Miller Parkway and Teasley Lane Zoning ClassI ication _ Ares - Percentage Residential 523.0114 93.79 1 Office 22.185 3.98 _ Retail 12.433 Y.23 _ TOTAL - 557.632 100.0 16. 32 x Q 1 , i The Denton Plan Policy Matrix Z-98-023. Southridge Oaks - Detailed Plan Chapter Chapter Heading Comments t Transportation System . The proposed lend use is appropriate for the existing transportation system classification - adjacent to a secondary arterial road. M Access to the eght proposed lots has been Ilmhed to two 'nh. 2 Stormwater Drainage System . Drainage irifreslructure for new development anal! oonform to City watershed management plans, ■ The developments shall minimize erosion oocurring during the constnutlon Of the Infrostructurs and ate Gn ants using adopted best men_e_nt practices. 3 Water d Wastewater System The 4 w1M not lira Illation water and wastewater intrrastructuro to new areas, will Glow development as determined by the private sector. An water distribution and wastewater collecW. infrestruOure exlenslons to new devetopment shall be the reaponslbilky of the developer. y • 4 Electric Electric service to an new development shall be Installed urderground. - System . An street fight fixtures in new development than be in compliance with city specifications. The n City shall use mu nIcipaf lighting Utures that direct illumination efficiently, reduoe potential M nuisance Iioting problems, and enhance views of the night time sky, ` _ • The dove Is required to adhere to the CnY's outdoor nghGrg ponder. 5 Solid Waste - - an sigShan promote ern access Io the ern 4i • . Site planning and design does not emit collection service delivery. . The development will Integrate consideration of community aesthetics with regard to solid waste and reeds contelnment fadlities. _ 6 Parks and Recreation 7 Environmental Quality The development will utilize appropriate protection measures ant management ledMues to _ minimize harmful disci diredly to the environment, 8 Neighborhoods The devobpmant provides a mix of uses to far o range UlbiiWe to to resTAents ru the entire • coy. The development provides mitigation of potential adverse impacts on the existing • _ The snob! *has been preperad to "ad exl 9 Housing -OM r 25Y~Q 32X 10 0 k The Denton Plan Policy Matrix Z-98-023, Southridae Oaks - Detailed Plan Chapter Chapter Heading Comments 10 Economic Diversification ■ The development will encourage a strong, diversified, and self-sustaining economy, create a wider range of employment opportunties. enhance local ownership opportunities, and expand the tax base of the city. 11 Government ■ The development review and decision-making process used in Denton has guaranfeed full notice and equal participation opportunities for all Interested parties. ■ City staff has maintained neutrality and provided clear, unbiased Information to WlAste commun' decisions. 12 Urban Design ■ The development does not promote architectural diversity and creativity, The development is proposed to took the same as the surrounding neighborhood. ■ The proposed development will complement the archhedural qualities of existing neighborhoods, ■ sufficient treatment of spaces between the proposed butktirngs wig assure visual quality. Trees and landsca ' will contribute to the aesthetics and envkonmental quality of the City. process. 13 Public Involvement ndg sta2keroders here invited tpartiEaete revW* Summary: • It appears that the proposed development will use best available design and construction practices to match the proposed land use to the City's transportation system, provide for cost-effective efficient utility servloes without adding to the burden of the community, mitigate potential adverse Impacts on existing neighborhoods, diversify the economy and enhance the city's tax base, provide aesthetic and quality design, achieve the goals of the landscape ordinance, and provide for an open public review process. 1 i x 10 32XI❑ . u 1 ATTACHMENT 24 i PLANNING AND ZONING COMMISSION STAFF REPORT I i Fr --1 1 Sub t• Detailed Plan, PD-87 Case Number, Z-98-023 Amending an approved Detailed Plan Staff Mark Donaldson pdC May 27, 1998 GENERAL INFORMATION Applicant: Dale and Cralg Irwin 525 S. Carroll Blvd. Denton, TX 76201 Owner: Mitchell Vexler P.O. Box 293053 r e E Lewisville, TX 750293053 Action: Request to approve a Detailed Plan, amending an approved Detailed Plan for a Planned Development zoning district 're w (PD-87). Location: The subject property is located along the east side of Lililan Miller Parkway, between 1-35E and Southridge Drive, size: 4.708 acres Surrounding Land Use and Zoning: i LOCATION ZQWNQ LAND-USE North: Ojc) Developing office park South: _ PO-87 Undeveloped, single-famliy zoning East: SF-16 & PD 153 Assisted Living Center and single-fa ,dly residences West: SF-16 & PD-87 Single-family residences • II ~ 0 - ~ 19, Y<~ Y.. ~ ~ y f I. 5 x ,M , 32 X ~ YAM 0 r G 7exit n Development Plan (DDP): Low I nte nsity Area #79. This 517 acre area is hounded by 1-35E on the north, Teasley Lane on the west ,nd south, and Lillian Miller Parkway on the east. Its primary land use is single-family residential. There Is multi-family, general retail and office zoning in the northwest (near the Teasley Lane from 1-35Ei and commercial and office zoning in the northeast (near the Lillian Miller/Loop 288 exit from 1-35E). See attachment 4. Low Intensity Areas. The primary purpose of these areas is to ensue the over-all land use! transportation balance by controlling the over-all density and Intensity. These areas represent primary housing areas in the City. 1p.27, 1988 DDP) Non- residential uses are encouraged in all areas of the City subject to limitations. The over-all trip generation within a low intensity area is expected to be less than 60 trips i ' per day per acre. SPECIAL INFORMATION The property is not platted and would have to be platted prior to any development. Public Improvements needed to support thi.3 development may include the improvement of drainage systems in the area, and sidewalks along all public streets. These Issues will be addressed during the platting phase. CHRONOLOGY September, 1978. This property was Included in an area rezoned from Agricultural (A) to Single Family (SF-10) zoning designation. At this time Lillian Miller Parkway did not exist. September, 1984. This properly was Included in an area zoned as a Planned Development (PD-87) with ordinance 84.138. The planned development consisted of 83.2 acres previously zoned SF-10 and SF-16, and proposed the following land uses, effectively increasing the density of the previous zoning by about 70 housing units: Land Use Acres Density Units Single family SF-10 382 2.7 103 Single family SF-18 18.0 1.8 32 SF - Attached 9.4 4.3 40 SF - Det; ched 17.6 6.0 106 TOTAL 83.2 3.4 281 December, 1993. A portion of the original P0417 was amended with ordinance 93.232 as a detailed plan for 9.3 acres adjacent to Lillian Miller Parkway. In addition, 0.33 acres were severed from the PD and replatted to adjoining lots on Lafayette Street. The detailed plan created 16 single- family lots on what had been zoned for 40 units of attached single-family housing. • Current. This request proposes office development on 4.7 acres north of Southrldge Drive fa within the 9.3 acre PD-87. The area within PD-87 south of Southridge Drive would remain as approved In 1993. Ten single-family residences are shown in the current detailed plan for this area. 20. Awl ad~ ` 95 K 32 X . i f 1 i ,.E NOTICE Twenty-nine (29) property owners were noted of the request on May15, 1998. As of this 6 writing, no reply forms have been returned in favor and two have been returned in opposition from property owners within two hundred feet of the subject property. Opposition does not represent twenty (20) percent of the land area within two hundred feet of the proposed zoning action. z!' A neighborhood meeting was held on Thursday, May 21, 1998. More than 50 persons were in attendance. f.. ANALYSIS The proposed detailed plan has the following attributes: Total Area 205,071 Sq. Ft. Maxmum Total Floor Area Allowed 45,000 Sq. Ft. Maximum Individual Building Floor Area Allowed 7,500 Sq. Ft Maximum Building Height One Story Setbacks: Front 35 Ft. Rear 15 Ft. Side 10 Ft. Minimum Roof Pitch 6/12 Parking Provided 151 Spaces Landscaped Rear Buffer Yard 15 Ft. Most rezoning questions hinge on two Issues: 1. Consistency with master plrns; and 2. Compatibility with surrounding land uses. Consistenoy with the Denton Development Plan. The DDP establishes several criteria to evaluate proposed zoning changes with respect to consistency with the Plan: Land Use, The DDP establishes Low Intensity Areas within the city as the primary location of housing, but clearly encourages non-residential uses within low Intensity areas (p,28). 1 This property is the edge of low Intensity area along an arterial street wkhlr half a mile of a major exit of i•35E. Limited non-residential use as proposeu would be consistent with the DDP. tntensfly. A threshold of 60 trips per day per acre is established as a measura of Intensity or use, oilhin a Low Intensity Area, The general policy of the DDP Is to not allow a disproportionate share of Intensity; however, depending on the area and planning reasons, certain parcels may receive more than a proportionate share (p. 34). This p-~perty proposes an intensity nearly twice the Intensity standard. See O enclosure 3. However there are a number of factors suggesting this property is a logical place for more than a proportionate share and therefore consistent with the DDP: 'i I 21. - 2 S 10 3 2 x i O A 0 • its location along cn arterial street; • its proximity to I-35Jts proposed use and the hours of operation would generate little traffic on week-ends and evenings; and • the under-allocation of the balance of the low intensity area. Concentration. The DDP encourages the development of small neiphborhood centers within Low Intensity Areas. It also Indicates the development of more urban centers at major in`ersectlons of arterial roads. Within Low Intensity Area 78, the predominant land use in single-family residential. Of the 517 acres within the area, only 5.5% is currently multi- family and 3.4% non-residential land use. g1.1% of the land Is zoned for single-family uses. There is a concentration of multi-family and non- residential land use in the northwest comer of the area near the Teaslsv Lana exit of 1.35E and there is a concentration of non-residential land use in the northeast comer of the area near the Lillian Miller! Loop 288 exit of 1-35E These concentrations are consistent with the DDP. See enclosure 4. i Strip Comrrsrclal. The DDP discourages continuous strip commercial development Inlor near low intensity areas, The DDP does not define "strip commercial"; however, in the past several members of the Commission have attempted to define it as single-building, multi-tenant development with little 14ndsc -ping and many curb cuts, l.e„ West University Drive. Along Lillian Miller Parkway, a secondary arterial road, there Is a concentration of non-residential land use near Its Intersection with 1-35E, a primary arterial road, and another concentration near Its Intersection with Teasley Lane, a primary arterial road. On the west aide of Lillian Miller, the southern edge of the proposed office development is .46 miles from Teasley Lane, There are no nor,-residential zoning districts on the west side of Lillian Miller from Southridge Drive to Teasley Lane. On the east side of Lillian. Miller, the southern edge of the existing retail.;evelopment Is .57 miles from an office zoning district near Teasley Lane. There are no non-residential zoning districts between these points. See enclosure 5. . Comer Qa11bi11Sy with rgrrounding Land uqA2. The DDP establishes several criteria to evaluate proposed zoning changes with respect to compatibility with surrounding land uses within a low intensity area: Site Plan Control, The DDP says the non-residential development must maintain the character of tha area with architectural design and landscaping. Proposed site pran and associated conditions control the design of the ~j 9 • property. 22, 1_0 32XI11 • 0 ~,rdwr~ Traffic Design. The DOP says that non-residential uses should have access to collector and arterial streets with no direct access through residential streets. The proposed detailed plan has direct access to a secondary arterial road Ii with no direct access through residential streets. Access to Southridge Drive is an Issue. It should be designed so that it Is available for emergency vehicles only. intensity. The DDP allows Individual p,opz)rties to exceed the Intensity threshold as long as the over-all Intensity standard for the area is mb5,,tained. The Increased inter tiy oi: this 4.7 acre property is in an appropriate location with respect to the arterial road system and will not off-set the reduced i Intensity within the more than 60 percent of the area that Is developed as single-family residences. Green space. Sufficient green space should be provided. The proposed detailed plan Indicates near 56% of the land area will be landscaped. A significant percentage of existing trees on the property can be saved. Neighborhood Input. Input into planning by neighborhood associations and councils is encouraged. This policy is intended to generate Input and not veto power (p, 29). A neighbu,rood meeting to generate Input was held May 21, 1998. MINIMUM REQUIRED INFORMATION Required Information - Detailed Ilan F,creage Provided Proposed land Uses Provided. Needs clarification Off-site information Provided. Traffic and transportation Provided. Buildin data _ Provided. - Drainage facititiri Provided. A Utility Information Provided. Trees and landscaping Provided, Open spaco _ _ Provided. I Screening Provided. j Signs Provided. Need more detail ! Sidewalks Provided ,e ~ o • 23. t - ^ 5 3 k x • r , 1 ~ 1 r r / 1 .f 4 I V' r . i ....n.r rwa. Yn •m W+..-~rrox~.n.•w...w.. ..r r RECOMMENDATION As proposed staff cannot recommend approval. However, If the proposal was a little less Intense, the detailed plan could be consistent with the Denton Development Plan, consistent with the master thoroughfare plan, and compatible with the surrounding land i uses. There'ofe, staff recommends approval of the detailed E tan with conditions somewhat different than those proposed by the applicant. See enciosum 7. l; ! r 1 MOTION II move ttoreoommend approval of Z-98-023, with conditions as recommended by staff. ALTERNATIVES 1. Approve the Detailed Plan as submitted. 2. Approve the Detailed Plan with recommended or other conditions. 3. Deny the request. 4. Postpone coraideration, requesting additional Information. SUGGESTED MOTION { I move we recommend approval of Z-98-023 with conditions recommended by staff. i ~r ENCLOSURES 1. Detailed Plan 2. Surrounding Zoning Map 3. Intensity Analysis 4. Low Intensity Area 79 5. Zoning Map, Lillian Miller Parkway 6. Applicant's proposed condilons of approval 7. Staffs recommended conditions of approval 1A!P I 1 t " i ~ 41 1 i~ S v h 4 J.' I I/ f h I 5 P 1 ~ i Ir I i1 ~ I 24. i iyy C~. q 3 ( 4 YEA I,~ .Lh. li...r ~'SH X -Wigilawhimi e , . o I i lii~', L.':: ~ ,SIB A'IwMw T1•r~r rrw.w T1 , u .1. I LOT LOT WAMM VsD~W lLD1, lli! /ARKIN& Polj ! 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II ~Lbt A. 1 f •'.LOT .1 ' •r G •1 O J' 'r it C0Y d r • /RO~DI~'D vl9iAN y r I {ki CuT4AN0 TRA//IC M N t h LQr I v1~" .rl' ~ 1 i . .]'I. .5:... r..-.1 ~ K'• i : ~ ^ 4,41±-1 LoCAriW ] ~j I 1 f Y•~~, 11/1 ♦4V1 R4r1 ^`t~AN AIILCBR I•A}aKWAY JJILLI PROT06CO :ON N& OONDITION4 FOR A A' `:!lj 511E ON ' - •''•!6lNCRAL NOTlAN MILLER BOL4VCL 4.L* IRRO'4ID11t0 V9l6, A M M§$10NAL, AW 11*lRAL *ARM In1kl r.r1Lr 61111 11 11r•~ T~ say K nnlna { SONtlO PD-DT O'448 /ARK,TKAT FP" 11 owaweo • w ~ . w T'1•ewAr • 1 14'UiW. RVINZKNT M A KniveNTIAL ame TO &-tv IQTW . I 1401.7 /K161TY 040•4 111011 a~w WMwL TN INTO. ""M RM~A•Y/Rrw w Q TRACT 1 •4.106 ACRES 405.0-11 6111 MAX AM lu LDnu W'l TWNL NOf lKltD 1.r R4 1R w. ~tenw ew .061" rAa4irw IRAs • LOT5 I TNR'J 6 0'! OTO'K PM ANY WrLOrNe, DN M ".OCT 1R11/ re.s •1.TIR nU, MORN &Tl 1 , • 1 l lrargar wk" . c0•NHNL P.*'.* w CIL ] M;NMLIY /,0! YARD KTl AC KI, 10'. l OAKS M;44 OF 0&4~ /BONY YARD sIALDIW t,Ne, q M0=►1WAAWr'11/~I " 4NMwn CENTON, TEXAS r' 4, f1INmLM REAR YAR01, 1'1', :%II M AN rR 11u4N11+N~! 1. TM TOTAL /LOOK MT.A /OR ALL WLD1b/ rRV•nnw.w111 r. R. IMf 1IP-Afell 'LLa"°14 ILI:f.~ SITE PLAN SHAL WRACM&JOWV. /M.n D4'La"a, ! W MLDIW WA" TACE20 VOO V M 1LOOR 04!1104-1' M1v RALDM Aq••!1 A FR0P05ED PROFESSIONAL AND MINERAL ARO& 4• , .1'Ta1" u,•r., ^""r.M 1A"'~""""`^^^° ALL 1111LDfy! 000 OLOt! /WALL W MINIMLM 1=116c*uC+L TRN NF01 OFFICE PARC DEVELOPMENT !/I]FlTICK•. ~M T ROO/fN MATMW WALL l! LarMmoN MWLg$ Afai w '1l i QR DIR IRWIN PROPERTIES UTOn'.snt;LUn,wIILLx►ea„T+ID. 4. ~ADIw eeuu µ.L WT a nRwTTSD eN TM I CIA CENTON, TE%A9 Is ' 1~,'A',..1,1,.• ~ NO. °!6-150 : ~s>T,T 25x ~Q 32x~~ 'm M 0 O A+Q1.1^ ? + ENCLOSURE 2 SURROUNDING ZONING MAP Z-98-023 'k. A7 pv~m --n DLN% F, 04 i~ti 6 `r51~ ±~It t E r 4.~•sP+1 II tit ak;,t P;`\ y1 < b•1f1 rn6~ i f I 0 Y1. ~,~ti• tip'' x`%. ~ Iplol 1' r: .i. ~ 'ara~d ~ ~ ~"t cwt ~F 6 1 +i shy ' r~SC7 sf /,1~/ I ~p~lp\\ P- ar "A 20 a r, r D ` w ~p~~~♦,,~ 14 lid or or e. Ji~V lk,. ' ~ \ Y 1 ~ ~ ~ r~4 ppyp / ty? t I , _L171tlufSlil ~ Y' \iM y[]M,~SSRRWM r 1 i a t I A sanuutwrcuaou t~ PD ° SdyOn~'pa yt♦ry94,f,c f yil' r`f k. ,e, <I~c l~if,716f G~i _~(t~\ \rr~~^ ~rwrw♦/, I . rl ~ Ir t~-r r-. e I 'I t[6.R1?i; DRn s x 'a It1'rL,.r - j w R t~ _ft&T 0lai 451f°} vLAU i y j 466J I R 2 7 r i o f-7olol 46 ..r L: j r.--r------r r rr j r.: .A..rr-rirr• 4 V~ . I Dy - r fel 1 t p t •a f Zi e7711 26. •s o r l i j 0 :t , ENCLOSURE 3 r~ INTENSITY ANALYSIS Z•98-023 IntBnsity of Use: F 1 Floor Area. The proposed detailed plan places a cap of 40,800 square feet of development on the site, representing a floor area ratio of .22 to 1. The zoning ordinance has no limit on floor area ratio within the Office (O) zoning district. The Commercial (C) zoning district allows a floor area ratio of 2 to 1, or ten times as much as proposed. Parking. The proposed detailed plan shows 151 parking spaces. Parking area and I associated access and circulation areas uses about 30% of the land area. Impervious surface. Collectively, maximum developed floor area and parking and circulation areas represent about 52 percent of the total land area. Typical office zoning would allow considerably more Intensity of use. Approved Detailed Plan. Single fomiiy homes as approved In the current detailed plan would likely cover 30 to 50 pe cent of the land with Impervious surface. The approved detailed plan states no mir,lmum or maximum floor area or Impervious surface. rraffic Generation; According to the 50 edition of the ITE Trip Generation manual, Office use can be expected to generate about 11.5 trips per day per 1,000 square feet of floor area. At 45,000 square feet of floor area, the proposed plan would be expected to produce 518 trips per day. A trip represents either a stop or start of a trip, so that a single vehicle stopping in the development and then leaving the development represents two trips. The DDP establishes a standard of 80 trips per day per acre for low Intensity areas. The intensity allocation for 4.7 acres would be 282 trips per day. The approved detailed plan allows ten single-family residences on the property. At 10 trips per day per unit, single-family residential development would be expected to result In 100 trips per day. • r • ~27 J . 25 1c) 32XI❑ e ' ENCLOSURE 4 LOW INTENSITY AREA 79 NON-RESIDENTIAL USES ~`q` ~`~~►1+1~ `Cx N!1412k p ,J• X01 \ f ~f~~ Tour OR too r t1AF1 t11~ t ti; ~ti ~A t~ s ti ~i I t+ca%ypQDjN r I ~ i ~i.. r. l a r, er !1Gro, 1kf~ i, ~V 1 11 I I ~I ~t ' ~ 1 ' 'i ~ 6~ 11 1 ~ a` l r. 6F-1b' 5~~ 1 Jam. • F 6 ~ ~ 1 11 ps~•. o ~ t~ I ~ r t SF.19. '"Awl P201 I I WlttR, i i Sf-10 I j•ylwnru»e _ f9ia J 1 - in«unaua BF-1 r' r~ r l ~1 n _ nrwt cehrunN en n h r R _T I PD ~i r yhj 1 L= .J,,~ F = ' 0 - }.tNdr1!!A PdE r..- rrr Pool t .1 _ r4 rF'.f ~%-r---_.. SF-10 - - to ~tw•!i?u,or: • ~I i 1 r-~ SF-:O I.I a1 rI 46 j r;; 21 i el ti I A ~ I ` - ~i y I 166 I C~ _ i~~ ~ 0 • d ~ 1 r. E ~ I .l~ai7X g I 1 14 Fol 1 > r s _-"1 1e I r.----_ 28. - , ~ } 32XIE O I o n -AYA NIM ENCLOSURE 5 ZONING MAP LILLIAN MILLER PARKWAY Non-Resldentlal Zones o 7~J AI " 1 1~ ~ r w! ' ' f. erules ~ %..i t • r~ C• , ! 1 x i try'^~Y 1 ~-J.'Yt l t~ w r- :i ...w rYr~1~'{^'y MICC 117 Colo 10 • I ~ k n I r 'a,r x~ r , U0, Iv ~ 29. i 6 f. - Y 4 `Y. J .1. L ry 1 ENCLOSURE APPLICANT PROPOSED CONDITIONS OF APPROVAL I Z-98-023 {l i , V v Proposed Zoning Conditions for the 5.17 acre site on Lillian Miller This office ysrk is intended to be an office park for garden offices that will have a residential look and should blend with the surrounding neighborhoods. The following conditions shall become a part of the zoning for the Office Park consisting of 5.17 acres on Lillian ldiller Parkway. ' The maximum building height shall not exceed one story for any building on the site. The total floor area for all of the buildings shall not exceed 45,000 square feet. The exterior walls of all buildings shall be constructed of brick, brick veneer, or other masonry products. A "bufferyardr" measuring fifteen feet (15') wide shall be maintained on any portion of the property that adjoins residentially zoned properties, A minimum of twelve (12) trees per one hundred (100) linter feet will be maintained or planted in the bufferyard. No building shall exceed 7500 square feet in floor area. All buildings shall maintain pitched roofs with composition shingles. 1 No direct off-site lighting shall be permitted 4 No loading docks on any portion of the property shall be permitted. i' 1 r , A thirty-rive foot (35') setback will be required fx all buildings. r I „ 30. ! A E ' 1 , yy J'~f X 1a 32x10 r "l- 2 0 p „ras~m i~ ENCLOSURE 7. STAFF RECOMMENDED CONDITIONS OF APPROVAL Z-98-023 1. Land use shall be limited to: a offices for the conduct of professional, medical, dental or business administrative services; • small animal clinic; • public park or open space; except that the following office uses shall be prohibited: j a temporary employment placement agencies; and i • telemarketing activities, 2. Total floor Erea for medical or dental offices shall not exceed 50% of total allowed floor area 3. Total floor area for all buildings shall not exceed 36,000 square feet. 4. No individual building shall exceed 6,000 square feet of roof area. 5. The exterior walls of all buildings shall be constructed of brick, brick veneer or other masonry materials. 6. All buildings shall maintain roofs shall have no less than 6112 pitch wit i composition shingles. 7. A landscaped buffer yard measuring no less than 20 feet shall be maintained on any portion of the property that adjoins residential land uses. A. minimum of 12 trees, with no less than 33% from the large tree list of the city's landscape ordinance, per 100 linear feet of boundary will be maintained or planted In the buffer yard. In addition, a fence of no less than 6 feet in height shall be maintained in the bufferyard, 8. Setback requirements as follows: Front 35 feet Rear 20 feet Side 10 feet 9 Signs shall hove the following attributes: Maximum height 6 feet i Maximum sign area per lot 24 square feet Maximum total sign area within the project 192 square feet Maximum number per lot One 0 10. Lighting on the property shall be designed and maintained so as not to shine on, or otherw se disturb, adjoining property or to shine and project upward to prevent the diffusion Q Into the night sky. t I C 31. 25 K10 32 x IQ i o i aaaa;,u I o I III ATTACHMENT 15 - Planning and Zoning Commission Minutes Ma; 27, 1998 II Page 35 of of 58 ~5 222SSS J I Mr, EngelbrechL Mr Chairman, I move to recommend approval of Commercial (C) conditioned zoning on the 11.484 acres of case Z-98-DD9 with the condition flue as presented by staff. Commissioner Powell Is tiers a second? Ms. Apple. Se=nd, {Commissioner Powell, Ms. Apple seconds. Is there any discussion w questions Seeing none I will cog for a vote All votes have been cost. Motion passes five to zero. (5 - 0) Commissioner Powell. Thank you sir. Ws are going to Item 15 01 have my numbers correct. No, we are not going to Item 15. We are going for a Meek uf,!4 9 20 p.m. Thank you The Commisslonen adjourned for a break, The Commissioner reconvened at 9:20 p.m. 19. Hold a public hearing and consider making a recommarrdation to City Council concerning tit amendment of a detailed plan within a Planned Development (PD-07). Tha 4.708-sere trait Is located In south Denton on the west aide of Lillian Miller Parkway, between 1.384 and Southrldga Drive, Office development Is proposed. (Z-98-023, Southridge Oaks, Mark Donaldson) Commissioner Powell: We will now return to the Planning and Zoning Commission agenda. Item 15-we On hold a public hearing and consider making a rerr^,mendation to the City Council concerning the amendment of a detailed plan within a Planned Development (PD-87) The 4.708-acre Irs~l Is bated in south Denton on the west side of Lillian fill Parkway, between 1-35E and Soulhndge Drive. Office development Is proposed. Mr. Donaldson, Mr. Mark Donaldson presented the staff report. Mr. Donaldson: Thank you, Mr. Chair. Commissioner Powell, Thank you, Sir. 1 II Mr. Donaldson let me start off by making lt char that the proposed detailed plan amendment Is for the area only to the north side of Southridge Drive and doesn't effect the existing detailed plan 1 x the area so-dh of Soulhrdge Dr" To place this site within the city, the very easily identifiable Southridge neighborhood, Interstate 35E and J, 1 Lillian Miller Parkway. The 4.7 acres runs lengthwild along Llllian Miller Parkway Essentialty, we're going to talk about consistency with the Denton Development pron. which is our guide on rezoning cases, and As language about compatibility with surrounding land uses, This particular piece of property was zoned first in 1969 with the city's first zoning ordinance as Agricultural. It was rezoned In 1978 to SF-10 zoned district, at which time Lillian Miller Parkway did not even exist, It was the back and of a Subdivision that started st Teasley and worked As way to the east, In 1984, a Planned Development was first put in piece (PO-07), which on this particular site called for singis- family attached dwellings, no more than 4.9, units to the acre, which would have allowed approximately 20 units on S this 4 If ewes. In 1993, the PO was again amended, adopting a detailed plan, which showed 16 single-family lots on 9 4 own, 10 of them on the 4.7 acres north of Southridge Drtve end six of them south of Southridge Drive, The current request is to develop what has been coined at a'garMn' ofFice development with eight Individual Ilia on the 4If acres. The attribules that have been attached to the plan are to limit the total square lootage to 43,000 aquaia feet, to limit any individuet building floor area to 7,5011 square feet, maxinum building height to one-story; setbacks of 35 feet from Lillian Miller, 15-leet on the rear, 10-feel on side; a minimuwr roof pitch to six and twelve. It i shows 151 parking places and demonstrates a landscaped buffer area across the rear of the property of 15 feel. I Again, as I mentioned, we will talk about consistency with our master plan and the compatibility with the surrounding land uses. The Denton De. akopment Plan specifies four different criteria to evaluate consistency. One h the land use itself. The Denton Development Plan establishes what is known as low Intensity areas throughout the dry. O f this particular site Is in what is known a$ low intensity area 79. Low Intensity area 79 Is bounded by 35E on the north, Tcasely Lane on the west and south, and LNlian Miller Parkway on the east, Within this area, 91.1% of the land use is residential, approximately, plug 5% Is office and plus 3% Is general retail. The nonresidential uses ere 1 currently concentrated towards the two exits off of 35E I think that this clearly demonstrates that within any iow 32, El I. Fig- 0 o s , 3tla;M Pi! Planning and Zoning Commission Minutes May 27, 1978 Page 38 OF 58 Intensity area, the Denton Development Plan conteroploles uses other than residential as long as there are reasons for kxaling the nonresidential uses where they are, The second criteria in the Denton Development Plan as far as consistency Is Intensity, which has been m: inured In trips per day of traffic. The Denton Development Plan establishes on overal; average Intor,Ny of 60 trips per acre per day for a low Interiorly area, but clearly acknowledges that IndHidur l parcels c: n receive more than a proportionate share depending on the area and other planning reasons. So, N Is clear that wf bin any Intensity area there can ire Individual parcels that have greater !hen 00 trips per day as long as the overall Inten3ity remains below that threshold. This particular area Is-there Is a lot of SF-16 zoning, basically two single-family homes far acre or 20 trips per day. So In effed, the generally low density of Mmes In an area allows for otner parcels to actually increase their intensity and still stay below the threshold Denton Development Plan also encourages develocment of Small neighborhood cents" within low Intensity areas as 'ong as they are concentrated, and N Indicates that that development of more urban centers at major intersections of arterial roads would be allowed, Again, we are Seeing that sort of development patilenn here with higher Intensity uses being located near the exits of the Interstate and with intensity decreasing as you move away from arterial roads. Again, Lillian Miller Is a Secondary arterial, Teasley Lane Is primary arterial The Denton Development Plan also speaks about strip commercial, it discourages continuous strip commercial development In or near lore intensity areas. We struggled with this on numerous occasions; the Denton Development Plan does not define what strip commercial is. You have tried to define that on several occasions and have kind of mine up with the definition that N's a singte building with mull-tenants, with little landscaping and lots of curb cuts, Again, strip 1 development is in the eye of the beholder. It could be argued that 4.7 Sao% with two or three curb cuts with limlled floor area ratio, with one and two tenant buildings with lots of landscaping and lots of buffering perhaps would not felt within the definition of strip commercial. Wahl respect to concentration, I had in your backup a map of the entire Lillian Miller Parkway or Teasley Lane zoning Scheme, and agtln darkened in the nonresidential uses. You can see them cropping up at the Intersection of major roads, Hers, tr,s Intersection of Linton Miller with d-35E1 here the intersection of Lillian Miller and Teasley Lane; here the Intersection of Ryon and Robinson with Teasley Lane, So. you see a development of what could be termed neighborhood centers, The one oriented towards 1.35E, obvkwsty, k moth more than a neighborhood center. The one along Teasley at Lillian Miller and what will become'kVind River Lone, which will be a collector street aver here, has kind of carved out an office r iUe, but there are some relrA uses within a Punned Development there. But you an see that there is separation between these nonresident al uses now `.gain, This Is the site that we are talking about this evening, and N we cokred it in, we still hats al.ng the west side of Lillian Miner more then four4enths of a mile between Southridge Drive nd Teasley Lane, On the east side of Lillian Miller, we have nearly six-tent' nt a mile from the northern edge of the roV,orI home Roan to the southern edge of the residential area of li River Estates. Compatibility with surrounding land uses is addiessed within the Denton Development Plan through a series of crRerie-one being that there be sae plan conlnnf. The Plan Development process dictates that there be a site plan associated with It. Second, N addresses traffic deepn. It says that nonresidential uses should have access to collector and arterial streets with no direct access through residential Streets, This parli usr Site plan has two access points oVi g Lillian Miner Parkway and has proposed one along SoulhridgeI think that becomes an Issue that we need to dis" res further. Again, it speaks about Intensity. The Denton Development Plan allows individual properties to exceed k: intensity thresholds within low intensity areas as long as the overall intensity standard is maintsirnud, and as long as the area and good planning makes Santa Green space--the landscape plan that Is in your packets demonstrates that alt of the landscaping requirements are consistent with our new tondsar;rg plan; M tar', they far exceed N. It created a buffer zora between the parking area and any adidning resdential areas. 11 is last omens that is used In the Denton Development plan to essurs oompadibiliry with surrourx;ing lend uses--the request for neighborhood Input. In this case, a neighborhood meeting was held List week. I will pass around the sill shoat, more than % people attended that meeting I would quote from the Menton Developi lent Plan that 'tree policy Is Intended for input and not veto power' page 29 of the Denton Developmenr Plan, The apWKant has proposed a number of conditions that more or less outlirut. the attributes; they are included In your Er;losure 5. Staff, upon hearing the Input from the neighborhood meeting, has offered an Alternative to those eond1rocii. First Is to limit the land use to offices for the conduct of professional, medical or dental or business adTinistrotive services, amen animal c mb or pubic park or open Space and to prohibit snit office use for lerrporary employment placement agencies and telemarketing activities. The second condition was that the total FOX :area for medical or dental offices Should not exceed 50% of total slVaed floor area Thirdly, the total floor area for all buildings should r,ot exceed 36,000 square feet. That 0 a cmprxes to the 45.000 square feet that wrs requested, and N speaks to trying to oomain the floor area to control t~r1 the ' of is and the trip generation No Ind'nNf,tal building should exceed 8,000 Square feet of roof a,ea-again, sor iewhol smaller than the 7,500 square feet that was proposed by the appticanls, the balance h comparable. The d to led plan did not address ground signs in very much dotal. so I have suggested a ground sign condition to a 33, A ; • o Planning and Zoning Commission Minulex May 27, 1996 Page 37 of 58 maximum freight of six feet, maximum sign area per let of 24 square feet, maximum total sign area within the project of 192 square feet and a maximum of one ground sign per W. I have Included our standard fighting condition, and then I addressed In the staff report the concern about access onto Southridge Drive. But I failed to include k on the staff recommended conditions, so I would add on eleventh condition that access to property from Southrldge Dl should be either eliminated or limited to em.xgency vehicles only. There Is always-traffic seems to be one of tit most Important criteria in analyzing Projects these days. The Insttufe of Traffic Eroineen Trip Generation Manual offer us a trip generation figure, of 111 trips per day per 1,000 square feet of developed area for general offices That's dsmonstnted 8" this line: so, 0 we look at trips per day on one and access and developed area on the other. we an sea that as we increase developed ores, tripe per day will go up at a rate of 11.6 tripe per 1,000, The applicant had proposed 45,000 feet, which was more then 500 trips per day. The Denton Development Plan creates a threshold here of 282 trips per day. So, 4 the application was for this point right here. that would be consistent with the Intensity threshold at about 25,000 square feet of developed office space. The staff recommendation Is for 34,000, which puts us at less th n 50% strove the intensity threshold to( the overall 1 intensity threshold The I. T. manual oleo his a range that Is offered--anywhere from 5.3 trips per day per 1,000 square feet to 38. By Ilmlting the types of offices, we hive tried "nel was cannot document this--0ut we have tried to move more larmards this fns. We think that we have-by kmAJng to professional Officalt, by limiting the number of medial office spars, which tend to be up In the range above the average. Certainly the temporary empkryment agencies and those tapes of offices are above the typical average off" /place. We think IM constraints that we have put have probably actually dropped this line, the slope of that curve a little bill. Just for comparison sake, the nine ry lf was actually, this 4,7 acres actually leaves out one of tit lots north of Southridge, so k Is actually only nine skrgk•famlly W would be In here at 90 :ripe per day, compared to a Denton Development Plan standard of 282. Actually, the 20 single-family a4sched unno would be slightly over 200 trips per dov-again, less than the 282 intensity threshold One other cha ge that we made was to increase the buffer yard to no leas then 20 feet a" the rear portion of tiro property. That would correspond with the space between Individual houses with a 10-fool setback, which most people actually build to so that Individual houses in the neighborhood will be 20 feat away. We era es: Irig that a 20-foot landscape buffer between the rear property line of those houses and any perking area or structure, There are the criterls for analysis and our recommended conditions 0 you should decide to recommend approval, t WIN answer any questions now or make myself available later. Commissioner Pawe6: My questions lot Mr. Donaldson at this time? I have one at W. Why did you all out roof square footage and not floor square footage? 1 never rememoer seeing that before. Maybe I Just overlooked that, but seemingly you are encouraging them to build a building without overhang, bull you are encourogkg a six and a half 124oot rod, which almost means an overhang. What Is going on here? Mr. Donaldson, it was to recognize a kind of parviouslimpervloua type relationship and to also recognize that porches &W alcoves could, In 'act, be roofed and port of the building miss that would not to Included in a single- story floor area figure, A structure could, in fact, lack much larger than It really was In terms of square footage. Thal Is why. Commissioner Powell: Yes; that Is kind of like I saw k. You are buying a lot of square foot of too( and not wry many square feel of structure relalivey, Why do we art out composition Mingles? Obviously, in this day and age n you do not want any wooden shingles. but why do we say comp? Suppose they want to do metal roofing or concrete file or something, and wa are nailing them to composRion here? Mr Donaldson: That was a condition that they had actually,.,. Commissioner Powell, 1 saw that I saw that k was on both sides, and I wondered why either d you would ward to be tied down like that Mr Donaldson: In talking to the applicants, there Is certainly a desire to have kind of a unified architectural theme or symbol lathe complex and to tie them all Iogelhe, 1 suspect that they have used composition shingles stone of • those elements to to H together. Q . Commissioner Powell: Okay; and on number nine -here I am assuming things and maybe getting n trouble But N we did mot have these sign pond lions here, wouldn't our normal sign ordinance prevail? Mr. Donaldson: Yes, and that is a somewhat nreater sign area per M. 34. 25 x 10 32 x I O 9 0 ,uaxv~a. , Planning and Zoning Commission Minutes May 27.1998 Page 38 of 58 Commisslaror Powell. 1 guess the reason I am asking is that all the trouble we went to pass that sign ordinance and now we throw extra conditions In on this, You know, 0 n was such good sign ordinance that we took years 10 do d, why are we changing V Mr. Donaldson. It was an issue that was discussed at the neighborhood meeting, and n was an effort on my part to, I guess, increase the compatibil ty with the surrounding land uses by minimizing the sign area. Commissioner Powbt, Thank you for your answer, sir; I really appreciate that you have to stand up there and face me on questions like that Thank you very much. Any other questions of Mr. Donaldson up here? Would the petitioner like to speak? Your name and address, air. Mr. Irwin. Mr. Chairman, Commissioners, my name is Date Irvin and I live &12010 Carmel here In Denton 1 would like to emphasize a little bit what Mark lacked about, We did have a ne ghborhood meetin, last Thursday I believe, d I'm not coned, and tome of the issues that came up we addressed, We beneve that we addressed them to the interest of the neighbors a best we could and some of those things he alluded to, One thing that he didn't mention end this Is the reason that the proposal Is presented a 0 Is now. It says, I think 45,000 square feet arid n has the entrance on Southridge, you know, that's the original proposal that we took to the neighborhood meeting. Why that was not changed was because prior to when we agreed to do that at the neighborhood meeting-number one was eliminate that entrance on Soulhridge or at least make n where n Is not on entrance. But M the Fire Department needs n to be an emergency exit--wart, we'0 work with the Fire Department In that manner, but at bast N we not be an access entrance onto Southrklge That was one of the concerns that the neighbors expressed and 4 Is a justifiable one. Their concern was, of course, a buffer between the property to the west, I believe, and ibis property. We agreed, and we talked to Mr. Donaldson and suggested that maybe that be Increased to 20 feel from 15, which we had proposed. One of the concerns was also to reduce the size of the buidings from 45,000 to a less amount. We did come up with a reduction of about 20% Actually, that property can be developed with some 51 square feet of property all on one floor. So, the potential Is approximately 50,000. We hr b lowered that to 38,000 from 45,000, which we had at the neighborhood meeting. Now, why that wasn't done and why we are proceeding is we are--Mark said, 'You need to have that to us by in the morning' as for a the drawings and that was Impossible to do So, ocr option was either to not have this public hearing tonight and try to get on the one In June, but the one in June, the next one, you are not having eo the next P 81 meeting would be at the veryand of June So, we agreed that Mork would present n as M that was our &ppllcation and than he would make those changes and we would agree to do them, So, that Is how that all came about. We have agreed to the buffer, the closing of the Southridi entrance, and the reduction of the size of the buildings. Our proposal Is for one-story brick, brick veneer-type of buildings that win be with a pitched tool, We will design them so that they will look like a house, They will be residential in style They will be probably on an overoge-H there are e'pht buildings, that would be on an average of 4,000 or 4,500 square feet per building. One other thing that I failed to mention-one of the recommendations of the neighbors, and we agreed, was 7,500 square feel was maybe a I Y•le bit large, That may be too large even as far es construction even in an office buiding, so that was reduced 10 8,000 fees end that Is In Mark's presentation also. There win be eight total buildings In the protect. In a mparlwn wish the land use-Just to glue you s little bit of perspective--the property to lie north, Immediately north end adjacent to this property, which Is being developed now, is zonod for 30,D0o square feet of ofli on approximately 2.5 acres of land. This Is 98,000 square feet of office on approximately 5 acres or adualy less than 5 acres of land with the condition that they an be one-story. We will be developing the property We do-I am going to let Craig (one of my sons) get up and kick me out of here and let him mahe a I'atle presentation of more detail about what the buildings win be. We will be doing M. We j . will be Involved with n from start to firl I think that you will like what you see. I think that the people In i Southr'dge will like what they see. We think that we win have a qusl'dy development. One Issue that I need to polnl out and make absolutely clear--this Is on the north skle-this devek~pmant that we are proposing h on the north side of Scru idge Drive It does not have anything to do with the property on the south side of Sovlhridge Drive, There is about four acres on the south side of Southrdge DrIk e. We do have the property on the south slde and x the north sole In contract, and the reason that we do is because the gentlemen that owns the property and has owned n for several years will not self n by splitting it. So, we have In oori to buy both "done. We have been 0 approached by at least two-end maybe three tonight-of the residents that Iwe to•ith of Southridge that would have on Interest In buying that property and add to their homes and we are egraesble to do that. We do not (Mend to develop the south part of n. So. I mentioned that for information purposes unit, I am going to step down. I havii two sons are invoNed with me in this propel. One of them, Craig Irvdn, Is In business with us, and I am going to inlroduce Craig and let him lake over the podium. The other one, Barry Irwin, is In the project wish us. He 35. , , rv,-- i , 0 S , o I~ Planning tnd Zoning Commission Minutes May 27, 1998 Page 39 of 58 Is an anom6ir in Dallas, and we try to keep him away from podiums. So, lam going to let Crap take my place right now. Thank you very much, Commissioner Pow&'!: Mr. Irwin, could you give us your address? Mr. Irwin, Yes, sir. My name is Crap Irwin; my address Is here In Denton at 1917 Fordhom Lane. Commissioner Powell. Thank you. Mr. Irwin: This Is just kind of a layout of the property, As Dale mentioned, some of the changes that we discussed and agreed to are not shown on this drawing, I will Just briefly talk about that, and also we did want to point out the property and the location of where the property h. To the north of the property closer to 1-35 is currently toned office. Directly across the street Is toned retail; that Is where the shopping center Is. Further to the south across the street is the retirement center. We looked at the property end tried to figure out the best use of the property that might blend wen with the neighborhood and thought this was an excellent use. We thought that a perfect stopping place for commercial toning would be Southndga Drive. He did point out the four acres on the other side-we do not hove any Intent on developing the property, What we did talk about at the neighborhood meeting is actually deed restricting that property from ever being used as office So N we did sea n to somebody else, they could not come in 14 had a deed restriction that would go with it that would prevent them from coming and trying to tone ofli Again, I say that we felt like this Southridge Drive here was a pretty good break point for that, To address some of the concems and working with Mark and the City and the neighbors-what we have agreed to do is all single-story office buildings. The res dential area that is behind the development here--a lot of these homes are two dory. Their backyards back up to this, so what we thought would be the beat way to Set this property up was move the office buildings to the front of the property, which actually has a slope down to Lillian Miner, put a restriction to keep them ail single-story and have the parking In the rear for aesthetics when you drive down the street so that you would just see a lot of trees and bulklings We did oleo have a large Setback on the property The property Immediately to the north here has a 25-foot building setback. We have agreed to have a 35-foot building setback here, which puts the buildings even further off of Lillian Miller and allows us to keep more of the trees that are here, The neighbors, whkh I understand are concerned wfth keeping as much green space and trees on the pruperty as they an--our designer Ray Cox, who Is here In Denton, has gone out and looked at the property end thinks that N we do set It up In this manner that we will be able to Save probably 2,000 trees on the property There's probably close 3,500 to 4,000, and he is saying we win be able to keep probably 2,000 to 2,200 trees set up like this, Another point that we dal, and Mark mentioned tha buffer at the back of the yard, we did make that a 20-foot buffer. Again we thought that would keep anything end Wye an of that undisturbed behind the parking lot there. Another thing that we think will be a by advantage for the neighborhood is-we will .reve basically an assoc ellon for the office project. two ell be landscaped-all be maintained by one contractor coming Into take care of all the yards on the property. We think that's a pretty big advantage, Another thing we agreed to do-the entrance signs which are Shown here and direly ecross the street here for Southridge east, or this drive here-this Is their neighborhood entrance . Whoever buys this property owns those entrance Signs. The developer that owns this owns the majority of the lots In this development here so he owns the entrances. We've agreed to gbe them a permanent easement on the corners of the property to that they can maintain the current Signs or N they want to build nicer signs on the property. I think that's basically n. There is a Iraffx; issue 1 danl know N we an get into that or O the City knows in detail, We were approached -we control this access on this light here, in regards of P,e possibility of having a stop light for the property. Basically, we have agreed to, N it's possible, to shminsta this entrance and have this office complex Share this entrance to create a median cut here for a stop tight which I think would be of huge benern to the whole area for the access to the shopping centers and that kind of thing. This would be at the crest of the hit. Real quick. I'll show N this shows up, this Is kind of a preliminary design. This is actually the elevation that Is going on the project next door which Is a local dentist who actually lives in this neighborhood has actually purchased a lot next door and weals to put his off-e. That's the reason we wanted to have the composnion roofs. That's the same Style as next door and also the same as the louses. So, this will be the s ,rte that win kind of go across there and try to look like a house and kind of blend with the neighborhood that becks up to lhis That's ell I have. I appreciate your gMng us this opportunity If there are any quesiforfs? Q Commissioner Powell Any questions of Mr. Irwin or Mr Irvin? None at this lime. Thank your prymuch. Anybody who'd like to speak In favor of this propossl7 Anybody In the sudooncs who'd he to speak In fs.: r of this proposal? Mr Key, may we have your name end address again, sir? 36, o , auaura , o l Planning and Zoning Commission Minutes May 2" 1998 Page 40 of 58 Mr. Key: Kent Key, 3524 Bellmont. Just as a residential ar,d a commercial developer here In town, that seems like a very good plan for what they're doing over thara. As you guys know, that's been an undeveloped pieta of property for a long Il and the property that-I mean, for years they've tried to put things in the other ;Piece over there and everything was always opposed to what was going to go in over there. What the Irvine are putting 0 on that piece of property over there I think looks very conducive to residentiat backing up to those thew, We have several other developments In town that are just like lhis. It's not that that's a singled out area over there. Wive got several other places-fa example, down at Bent Oaks we have the exact same akustbn, exact same srenarlI except they're built a lot tighter together. I know the one thing you hear a lot when you're rezoning some6ln4 like this, or looking W something like this, Is that people porc&o that their house values coil drop and that IM y're next to a commercial development and that wig go down. I built several of the houser that were right, that bwok up to where those office buildings are. I bunt this houses before the od'xx buildings were there, One of those houses turned over within a year alter that offxcs building was built there and actually, their property sold for quilts a bit more money than what they paid me for lt to start with. 11 went up a considerable amount So I know that's an opposition you hear several, a lot when you're trying to mix uses like this and trying to create a buffer zone. The main thing, I think, is the transition area In between and the buffer zone that's created You an do it with tandsaping, fences and shrubbery and those kinds of things; look at this noise control around the area, But we have this alt over town. I mean, University Drive is a prime example . Most of UnNersity Drive dawn through there, a lot of the commercial zoning backs right up to residential zoning. I think that, when you're on s main boulevard/stfeet like that, that's Just something that occurs, and I don's think It realty hurls the value. You'll find somebody that won't buy a house because of N, but it's not a-I donl see If as being a big deterrent So anyway, that's my.. . Commissioner Powell Thank you, Mr. Key. Anyone else here to speak in lavor? Yes, sit. No, sir. Anyone else to speak In I May we have your name and address, sir? Mr. Brouwer. Yes, My name Is B J. Brouwer. I'm at 1321 Oreenwoy Drive, Irving, Texas Commissioner Powell, Thank you. Mr. Brouwer: I am representing User Homes who's doing development in that area, and eve are In favor of the development as is, with the conditions as stated by staff-the 20-foot setback, screen won and the height restriction as shown on the plan. Commissioner Powell: Thank you very much, Is there anyone else here to speak in favor? M right. We'll ask for those to speak against, and 111 ask Mr Whaley first because he hot a card up here; and then wool go to whoever else wants to speak agsinst. Mr. Whaley: My name is Alvin Whaley I live a 2304 Hollyhin What I was stepping off then is this big buffer zone we're talking about, My back yard bads up to the Ifee that you're talking about. This buffer zone is 20 feet from here to that well And we're proposing to put a parking lot of 151 an bad there. So, naturally I'm opposed to It. If I was Mr. Key or the other builder there, Na I used to build here for 25 years before I qult, I'd still be down hers laying my groundwork when I wanted to come bad before you, too. But I have two or three questions. My first question Is how much notice are we as homeowners or affected people supposed to get before these meebngs? Commissioner Powell, Why don't we settle that qua+tion by caking Mr. Donaldson before we go any further because you Naked me [hat question earlier, sir. I should have been able to answer that and was not able and that's I mechanical question. i Mr. Donaldson, There were 29 properties that were IdenVed as within 200 feet of the,. Mr Whaley: My question was what was the time table. How soon were we supposed to be notified? Mr Donaldson: I think we mailed those out May W. Mr. Whaley: That is cared. May the 151. 1 got mine on the 17e for the meeting to be held the 211. That gives o none of us as homeowners time to gel together that these folks have had. No kind of opportunity to gel together to pursue I lot of the questions that we had. Al the lost meeting, a lot of things were broughl up. And they brought a lot of them forth tonight, burl [he questions that were brought up were saner shooting, And they're presented to you tonighl that these were concerns of the homeowner, But lit me say, the first big recommorWation t him the 37. i Mean: - 25 X IC 32 X1❑ o ' .acorns Planning and Zoning Commission Minuleo May 27.1998 Page a1 of 58 homeowners made was to leave It as M. We don't wont h. That was up and down the road. These others were just questions that were asked concerning 9, 1 have two or three more questions that I would like to ask of two or three more things I would like to say In regard to this Number one••-what, I guess my big question Is-what Is the needs Is there a need for more ofr" space In Denton right now. And this was the question I was asking a while ago. We've no oppc.iun ty to get together and maybe consult an attomey to our legal rights, Wive had no opportunity to get together and survey to we 0 there Is a need for office space that was going before you tonight. I'm sure Mr, Irwin has been In business; I would bet that he has some office specie available now, and I know of a let that's around town. Do we really need this office specs in our backyard? I have not heard the sign ordinance addressed Wig there be Ogns up mounted to inns bulidirg or will they be able to put pole signs up. A pole sign up wig lend In my upstairs bedroom maybe blinking all M me that says, 'I nevtsr-1'm a veterinarian and I neuter blinking in my window and a red light while I'm trying to sleep. This has not had an opportunity to be thought through, and 1 don't think we've had a chance to see M there's really a need for R. and we've hod no opportunity to see 9 there might not be a better use for this land. Now. I wig-being duedy affected by another situation-1 will ten you this It was not mentioned a while ago that duplexes also buffer a portion of Southrdge. At one time, we--d you know where Peterbilt office Is where Moore used to to"t one time, we bulk several duplexes in there. At one time, we owned the whole cul-de-sac of Canterbury Court, which had four duplexes. At that time, k was toned office. We were ff approached by a group of doctors to sell k. 1 had a chance to sell for {120,000 profh, He went to the City. The City said, 'We will under no conditions approve this for ONke' and without anyone requestlg I. the City rezoned k back to duplexes. To me a precedent has been ant there when we could not sell It for office down on the service rood-not In somebody's backyard and now we wont to build them In my beckyord, k just doeon't seem right. So 0 you-I would ask one thing-N you-number one, I'd like to ask you to reject k; but 0 you see M not to reject R. please table n and give us time 10 gel together and do our research with as much 8me as they had. Thank you Commissioner Powell: Thank you, air Is there anyone else to speak against? Yes, sir. Could we have your name and address, please Mr. LmBreuso: Dan LeBreuso. I currently rookle at 250 Double Oak Drive, Double Oak, Texas. Commissioner Powell. Thank you, sir. Mr LmBreuso: Mr Chairman and Commissioners, Mr. Irvin, I just recently closed on a let which becks up to let 39 to the muse that he's talking about that he's not going to build on. 1 was toll by the real aslats broker that the property that he's going to develop-the property that backs up to ms-that there was no way that this would ever go commercial, office, condos, garden fames, or etc I just closed on the let lodoy to build a house to mow up here to Denton. I live In a lnlle community ailed Double Oak, which allows no commercial building at elk-none whatsoever. R's a very quiet community; oil the tieew are there and the value of the property oontinues to go up. t am not against this lolly, but I am against that k's going Immedlatay when I }asst closed on k to build a home and the reason why I bought here was knowing that there would not be any more commercial on that street Therefore, I am lotaly against 11 Commissioner Powell. Do we have any questions? Thank you, air. Mr LeBreuso Thank you Commissioner Powell Is there anyone else to speak against? 11 am, your name and address, please. Ms. Tracks: My name Is Janelle Tracks, I live at 2305 Honyhill. Commissioner Powers, Thank you Ms Tralkc lam within the 200-feel boundary , My husband and I buik our home six and o heir yasrs ago ourselves, sows put a lot of blood, sweat and Sears into our property At the time, we d+d a M of homework on the o area there, We looked at the traffic In the area, we looked at the zming, we looked at the quality of IHe that k could 0 ' offer us. We walked that property--drove k In excess of 25 Imes. We talked to the developer that assured us that the property 0 question tonight would not go for anything other than single-family homes. So, I am opposed to this development mainly because of the 0e4 famificalbne. I feel like these past few years, we have been bock here In front of you and in front of the City Council srgulrg things that off just addle more and more traffic to Union Miner. My concern is the Intersection down at Lillian Miller and 35 that already his @ D rating. Putting office buildings here 38. i I la 32XID y e . ~ iawaaw 0 4MaM9 Planning and Zoning Commission Minutes May 27, 1998 Page 42 of 58 Is just going to exacerbate that problem. It is also my understanding that that Is the most unsafe Intersection In the City of Denton I am not anti-developmant, I have worked for a developer for a major portion of my adult INe, But I am against development when it affects cr detracts from quality of We of the neighbors who have put a significant amount of their savings to put their home there and development that adversely affects property values. I beg to differ with Mr. Key: I really think that my property value to ii to drop when I cannot get in and out of my subdivision because of all of this excess traffe. So, my concern to you tonight Is that you will just listen to our heartfan concerns and decide what is fair for us neighbors that have been there fir a long time, Thank you Commissioner Powell: Is there anyone etce to speak against? V. Mr. Thompson: My name Is Jim Thompson. I live 1700 lynhurst. Commissioner Powell, Thank you, sir. Mr Thompson, I have a couple of concerns about this property, This Is the first time I have had an opportunity to even be involved In any type of meeting. I woo not ratified, probably because I guess I fen just right outside the 2Wfool line, but I am on bynhuret Street that backs up to the other property, which Is contingent In the sale. Doing some building In this area myself, there are a couple of concerns Personally, I think that the ilea for development [here-something is going to happen. We an bought property: this property eventually Is going to get developed. We cannot determine what is going to go In our backyard 0 City Council determines that they are g" to change the zoning that has already been there and put In place to go with something else. The project which they are proposing seems on the surface to be a fairy nice projed. The lot that they are proposing to put N In Is hesvlty wooded, They said that they have done some surveys on that. Taking a Wok at the tree siluation there, they are going to have to do quite a bit of dirt work They made montlon that they were going to save about 2,000 trees. I do not think that that is possible. Who Is going to stand around and see whether N is or it is not? The topographical layout of the land to me looks like N Is going to be ahNted from ds present state. That is going to require some retaining work to he done In there. It Is going to require some, for the people that live back there, some privacy, there h a 20-foot setback that has been put up as a precedent There win n- ?d to be some retention warts put in, [here *it need to be soma fences put In Who Is going to put the fences up and who Is going to maintain those lhings? There are a lot of questions that are still unanswered. As I said, this is the first time 1 have even had the chance to evert listen to the project For this reason, I would hope that this could be tabled so we could have a little more time to have some of these facts brought to light, Commissioner Powell. Thank you, sir. Is there anyone else to speak In ooposAion? Anyone else to speak In oppos'il on? Mr. Irvin or Mr. Irwin would you like to have your final say? Mr. Irwin' Yes, we would just like to reilerate-we did have a meeting. I do apologize that maybe everybody was not notified. There were a lot of people that did show up. Some of the issues that were just brought up-ho tree Issue is an estimate b,sl our designer has laid he thinks that we can asve, It would be our goal to save an of the trees that we can. That adds to a commercial development like what we are talking about of garden offices. A residential developer can go In there and basically lake al of the trees out and come back and plant three trees per lot N they wail. I think that that would pretty much meet the landscape (rdinance. Or N a homeowner does not a want trees in their yard, they do not have to have a tree. So, when we are saying Ihal we think we can keep 2,000 , trees. N Is an estimate, There is no way, and he is exactly fight, a site Is difficult to develop and expensive, which Is why the site has not been developed as a fesdentisl site, We do not feel like N is ever going to happen. The owner has told us he Is cot going to come back and develop N residential He wonts to fen N So, this is whet we think Is s development that everyone can have control over We are saying that we are gang to pul single story, all masonry F buildings There will not ever be houses put In there with siding It Is going to be well landscaped: we are going to keep all of the trees that we can, and we think N blends from the office retail and cuts off their Southridge Drive, There is no single development that you could put behind somebody's house. If somebody come In here and wanted to build smallef houses, that could hurt the value of a hone and N Is right. We feel that we have mode on attempt, and we do want to wok with the neighborhood. We do want to build a nice project We also live-my parents do-I grew up In this area We drive back and forth down the street everyday, so we're not going to try to Q put something In there to devalue the ores Addressing the ottve Issue-we own about 30,000 Peet in Denton, and Nis 10096 occupied. and we do got ealls everyday, Thal is why we are wonting to build more offices We wouldn't be trying to build them and have a bunch of vaunt buildings oN out there. There an a M of houses, probably 8,000 to 8,000 lots on line for snulh Denton. We wouldn't-and honestly, other people are not Interested in building houses here, to we do think that there is need for offices. 39. II 2t) 32 x r I. 0 ' d 1 Ritllxf Planning and Zoning Commission Minutes May 21, 1998 Page e9 or 58 Commissioner Poweth Are there any questions for Mr. Irwin? Thank you, sit, Oh. I am sorry; did you have a question? Ms, Gamer: I just wanted to bring up what Mr. Whaley brought up about the signs, In the sign conditions, it does ' say that the maximum height is six fast. 1 Mc Irwin: Yes, ma'am, I did not address Pat.... Ms. Oanxer That is in these conditions. Mr Irwin: We are proposing monument signs. We did propose with the City to even out down on the number of signs Mat would be in front of the oMius, They would be small monument signs and nothUg up high. Ms. Oonzec Thank you, Commissoner Powell: I have o queshon, air. Nthere are no others Mrs. Go ahead, sir, Mr, Engelbracht: Please, N you would, expand a IItto b8 on your statement that you just made with regard to signs and monument signs Are you proposing a sfpn In front of each building? Mr. Irwin. No, sir; actually what we are proposing-Mark may have N he N still here--what we are proposing is to have buildings kind of share signs, monument signs H. does not work out with the alts plan to actually hove one sign per two buildings becauaa tnere are some dMes between; but we would hove, I do not know whet " number, Is five or how many exoctly, but we would mat hove eight signs for the eight lots Mc Ergelbrecht: Thank you. i Commissioner Powell: Have you folks looked at the conditions from staff and are you happy with them? Mr. Irwin Yes air, for the most part. Some of the conditions we did not hove a lot of time, as we mentioned, to address. The 6,000 fast of roof apace versus floor space-weYe not ever done ore like that. We would Ike to maybe have the flexibility to hove come oMsats and buildings on some of our profecto; we have patio, and things like that would make If difrx:uk to do because you would feet Ike ye,u would need to build office under the roof. We definitely could do that, and I do not think that it would be a problem. H might ghro us more flexibility to design a II building N d was floor spar versus roof space Again. I do not Mlnk that we have • problem with that, and we did talk about the 6,000 feel and the other conditions also Commissioner Power, Think you very much. Mr. Irwim Sure Commissioner Power. Excuse me, sir; we do Acre one mors question. Mr, Moreno. Yes, sir Dd you Oand the meeting with the neighborhood on the 210? Mr. Irwin Yes, sir. , I Mr Moreno, What was the atmosphere at that meeting { Mr, Irwin: The Intal was hostile Mr. Morena Okay. Mr Irwin 11 did-there was s lot of people, and I think, or I hope anyway, that people had heard and assumed the i worst, Several people left the meeting; I say several-probably No or a[x people before we really got Into home of 0 the concems will the neighborhood. We felt like-Iervlng the meeting-that there were several nefphbon-a lot of them did not come 1onlgM-and typically, I think that that is what happens 9 they feet okay will what you ore fir{' doing, they do no. show up, Most of these concerns that we changed a for as making the building /malkr, cut:kg access off of Southridge Orlvo-those were a lof of ooncems that did come out of the meeting. It was about a two- 40. 1 k'F ~ , ~ . ? 5 10 32A] 0 seex.rr . O :Pules s Planning and Zoning Commission Minutes May 21. 1998 Page 44 of 58 hour meeting end the people that did slay that expressed some of their concerns, that's how wnl ame up with a rot of these changes Mr. Moreno: Do you feel that the neighborhood hue good understanding of what you are doing? Mr. Irwin I think so. I do not know redly what else we could hew done I hope that they do. The single-story offees leld out Eke we pro showing Is what we are planning on doing, Mr. Moreno: Do you have the feeling that anything would be accomplished or gained by having another neighborhood meeting? Or would you be willing to do that? Mr. Irwin: We would be willing to do that. We see under a time punch; obvleusy, you always are when you ere trying to get a development put together. It would haw to be something we would have to go beck to Iha seller and to am 0 we could get extended time. We ba"Ity have set up our oontrscl based on this meeting tonight and getting N In front of City Council in X number of days to purchase the property after Maf. So, we would haw to be able to go back and renegolialo our contract. Mr, Donoldson (inaudible) Mr. Irwin: Right, right, rnd to answer your question, we would meet with the neighbors. A lot of the concerns, and not to sound sarcastic by any mane, a lot of the concems from tot ma)wIty of tot people that stayed, we feel ske we have addressed. We have cut the density di m; we made the buildings from 1,5001" to 6,000 and out the entrance off. A lot of the concems or things from the neighbors wH be--we want N left open space end that wee sald at the meeting. N is not going to be left open space. The owner of the iroperty has said that he wants to sass N. He Is not going to develop N a residential, to someone will come up with another use, whether it be duplexes or town homes, to we would defindey meet with the neighbors. I do feel like we have considered everything that we heard, we made 0m changes. There was not any recommendation that was voiced that we did not do. Mc Moreno, Thank you Commissioner Po"": Mr, Engerbrecht, Mr, EngelbrecM N you please, give mein a little more detail on whet your concept Is for the area in Coto-In farms of everything that you would pul in there between the parking lot and property that abuts you on the roar, those single-fernty homes? It is s 20-foot space... Mr. Irwin. It would be basically a buffer yard that we would leave undisturbed. There would be nothing between R, Basically, that would be a 20-foot area; and a lot of places on the Ida plan, N shows that N is closer to 40-feet because of the shape of the property. Then we would erect a fence on the property EM to there would be just a buffer with no concrete and nothing happening In the buffer yard. The trees would be left in tact, and we would not do anything with N, Mr. Engelbrecht: Okay; and you plan to pul IN fence on your rearmost property line? AN the way to tot beck? Mr. l,win: Yes, Hr. • Mr. Engelbrechl. I did not know whether you planned to put N there or al tot end of the parking lot. Mr. Irwin Yes, and that 4 something that we an addre.s I think In the w&ance-an actual fence an be classKead as-we always put M the fatimta the hedge that Is six feet tall, Mr Engelbrecht: Yes, a conlinucs buffer of some type, which souk! mean plant or wood or whatever. 0 Mr. Irwin. Rghl, and If that is whet needs to be back there Is a fence versus these plants then we understand That. ! Mr Engetbrechl Thank you Mr.Irwin Okay j 41. r 1 Planning and Zoning Commission Minutes May 27, 1998 Page 46 of 68 Commissioner Powell: Any other questions of Mr. Irwin? Thank you, sir. Mr. Donaldson do you have anything at + this lime? Mr. Donaldson, I talked a 8ttle bit about the neighborhood meeting and the number of people In attendance and since had talked a little about the number of folks that we sent Iha notices to. We have reoeived--al last count i was seven retumad responses in opposition. We hew mapped them, and we actually recaNed two responses from folks that did not receive the public notice, so thane Is some copying going on a Ntlle bit. We reoeNad a response from down here and one outside the 200 feel here, but these fiv^ responses were within the 200-fool radius; and by appearance right now, M does not represent 20%, We ectuaey, measure that when we gel Closer to Council. So, the 20% rule would not be invoked as of now. We will actually messure 4 prior to City Council. Just In summary- with the conditions that we have recommended plus the additional one that wasn't In your packet but was In regards to the access onto Southrkdge, your reoommendetioif to City Coundl for approval finding that lt is consistent with the Denton Development Plan and compati ke with the surrourWkq land uses due to those conditions and the slte plan that has Doan proposed Commissioner Powell Mr. Donaldson, to get back to the notoo-my understanding of the notice Is that it is for the meetng tonight; lt is not for the neighborhood meeting. Is that oorfect? I am talking about the Iiogal definition. Mr. Donaldson: That Is right; we are legally required to provide mail notice to all folks within 200 fast of the l property, notifying them of this public: hearing; this Is the first of two public hearings that wile be hold prior to CRY 1 Council actually taking action, The next one will to at the City Council meeting June 18"; lt is the start of the process rather than the and of the process. Commissioner Pawl: Thank you. Any other questions of Mr. Donaldson; M not I will close the public Mewl g end open the floor up hereto any discussions endlor motions at your pleasure. Ms Apple. Ms. Apple: This particular case Is a real difficult one for me because I know that this has been a hot ilttle area fora ' "time. I think that" plan that the Irwins have oome up wlth s probably a pretty good use and pretty attractIve, Burl quite honesty, I am leaning against this project just due to the trip intensity. I drive that road usually at beat four times a day, and It Is pretty unbearable now. h Is my understanding that this proposed new plan would generate 618 trips and that the cuff OM plan, based on the 10 skgk-family residences, would generate 100 trips. Now, that Is 418 extra trips a day In an ores where I think a 100 extra Vlps wk uld ')a pretty nightmarish. R's Impossible now-M you go to the shopping center where Albenson's Is and 8lack Eyed Pea and all of those thugs- a Is virtually Impossible to get out now arxoa Ulan Miller and turn left. file a bad. Infect, that I usuallydrive up to Oakmont and go back and shoot back the back way, which Is a long way out of the way; but I have found that 4 Is much quicker to go that way than ft Is to ell In line trying to get out of that parking b1 I realte that thle lent the Irwins' problem, and I am very sympathetic because I think that somsthkp is going to go in here and I think that they will probably do a real nice joe. But I am eankg against this virtually becousa of the fact of ft traffic; and also I think Mr Whaley made a pretty good print by stepping off his 204"1 and po" out 1st fed that would be the distance for the most part. I realize that the palMioner said that In some places M was wider, bul that would basically be the difference between a backyard and a 161 parking places and I just personally could not In good conscience approve that. Commissioner Powell: Any other comments before we have a motion, or a motion? Ms (lamer: I am prepared to make a motion. Commissioner Powell. 1 am prepared to Nation. Ms Oanzer: I move that we recommend approval of 2.06-028 with the oond'Aions recommended by staff. Commissioner Powell: Is that sit eleven conditions? Me Gantsr: Yes silk Commissioner Powell. Just clarifying that. Ms. Osnzer All the conditions. 42. x $ Ja~A'' f 2.. K 10 32 X10 } Planning and Zonkg Commission Minutes May 27, 1998 Page 40 of 58 Commissioner Power: Is there a second on that motion? The Chair will second the motion. Any other comments or discussions on that motion? y Mr. Moreno, Thank you, Mr. Chairman. I like the plan, In spits of the traffic considerations that Ms. Apple has talked about. It seems like a fairy good use for this area; however, I am not totally convinced that the i neighborhood has a good understending of what Is coming Into their backyard. I guess rather then denying N like Ms. Apple has suggested. I would rather postpone k IndeMttely; burl that N not the motion Mat Is on lee floor, so I win be voting against approval. Commissioner Powell: Any other comments at this time? Mr. Engslbrecht. Mr. Ergelbroft I would just like to make the comment that the staff suggested %at It was. I believe, In compliance with the current plan. We have been talking a good deal tonight about not only whet we have but what's coming In other areas-corridor plans and fighting plans. From the comments Nat I have heard, and Ne ones that I have i read that were made at the meetings concerning the current Denton Plan-In terms physical layouts of the City--o) ✓ the four plans till haw been proposed, Ores of them, as I sae K, would In essence snow deveopmard along most of our primary and secondary arterloN The one that eeeme to garner a great deal of enthusiasm and Interest was one of those that would in essence slow h w intensity a" most of our arteries, which N some deviation from the current plan. So, I point Nat out for hlormston. Thank you. Commissioner Powell: I will do what I do not oflon do and Nat Is talk about what I am going to do before I do M. I do not ass a w1aN lot of choice, WAu$4 I think lee tend Is going to develop, end I don't think the homeowners are going to get a better shot • in we have hate. 1 say that because M has not developed shoo the earth cooled. 1 Jule think conskterston of just Is" M alone Is not a vsbls consideration. I mean, we all We In the Denton Independent School District tax area; nobody an afford to pay tax on that fa wry much urger and not develop K. 11 Just Is not a reatNy. That's why the man wants to son M-t assume K Is a man-Nat's why the people want to sent ' K. Obviously. they can't afford-I will not say they can't afford to keep 11--they don't went to afford to keep k and they went to sent and make a profit or whatever, so K N going to develop as something. I have watched the Irwins build in Denton. I have seen what they bind; I do not think that anybody N going to find a better builder for this kind of allusion, so I am going vote for N. If there are nc other comments or questions, I will an for a vote, Votes have sit been taken, three yes and two no, he motion posies, (Commissioners Apple and Moreno Cost the nay votes We will go 10 "am 18. f Mr. Whaley: Coon I ask one question? Commissioner Powell: N you wish to come up here, sir. I Mr. Whaley: (inaudible) Commissioner Powers: If you wish to ewe up hero, sk. Mr. Whaley: Oh yea, I would. I accept what hoe been said but now please tan us so we wR1 know when this will be n recommended to he Council. What Is the procedure from now and give us time; we will have a IKfs tine before Council. d Commissioner Powers: Mr. Donaldson is the expert; I win have him answer that, Mr. Donaldson This will be heard at CKy Councirs June 18 meetkg, There will be a public hearing, Mr Whs ay And these changes? Mr. Donaldson: Corred. Mr. Whaley: At what urns? 0 a Mr. Donaldson: The Council convenes & 17.00 p m. The speck time of the agenda Rom N hard to predict. Mr. Whaley: Okay. 'I 43. r ~r~ z x IC7 32XID a ' snoranse 0 :W i Planning and Zoning Commission Minutes May 27, 1998 Page 47 of 58 Commissioner Powell. Thank you, air 18, !fold a public hearing and consider making a recommendation to the City Council concerning the Interim Corridor Ordinance. Commissioner Powell. Item 18-hold a public hearing and making a recommendation to the City Council concerning the Interim Corridor Ordinance. Me, Carson. Ms. Cecile Canon presented the staff report. Ms. Carson. The Small Area Planning staff presented this to you A work session two weeks ago, We are on a schedule that Is Included in your backup materials for a public hearing this evening followed by a June 2 public hearing with the City CouncA, a June 9 work session with the City Council, and then s public hearing with the Council on June 18. The ordinance Itself 4 an Interim ordinance that addresses some specific areas in the city, primarily as shown on the map that was provided to you and on the overhead-for roadways that are outside the Loop 288. 1-35 boundary The ordinance would address specifically regulations Waited to setbacks, architectural materials and design, uses that would be visible from corridors. traffic dfcuWW plan, signs and nonconforming landscapes Al this time, we do have a draft ordinance that Is In your material, The ordinance that is provided has not been technicaly-sl the Iechnice0nal language approved by the Legal Department, but substantively it would stay the same depending on the recommendation of the Planning and Zoning Commission. Based on the con,ments from the Commissioners at the work session, you will notice in the materials that you have several Items that we have added as underlined material"pecificaly In the Statement of Purpose sadlon, some clarlf"tio, and an additional deco regarding economic development issues that could be pursued by having a corridor ordinance. In the area of classdcal'on, we have recommended that there be two clessMicstions of roadways-one as gateways and the second as entranceways. The gateways would be those primary roads to the primary traffic• ganerating roads that take people through and around the city, specifically Interstate 35E, 35W, and north Loop 288 and 38D Mr Engelbrechl had suggested that we review extending the 380 sedan of the roadways to Include certain sections Although we did not change the information speVicaly, we did add on this map-you an see a provision to consider by the Commission adding 380 to Primrose, and then 380 to dtudden Street. In reviewing those sections of the road, we Identified that there are large sections of urdevok".: property in this area that will be developing h the future that this ordinance could apply to without resu'ting in a great number of nonconforming land uses It the same time. Dallas Drive was also mentioned as a possible inclusion In this area At this time, the staff would not recommend including that section because, according to our surveys, there are only No trade of undeveloped property along that sedan, which would put a majority of that roadway into a nonconorming status In that particular case, the road might be considered once we have on Interim ordinance adopted and could look at specific roadways that are within the Loop 288 internal area or the street area inside with the Comprehenslvs Plan. In the provision section of the codes, there era details regarding setback requirements We do propoen for gateways a 25-foot setback and for entranceways a 15-foot setback, The landscaping that would be required in this would be In proportion directly to the amount of landsceping that would bs required on that property. So, no additional landscaping would be required, but we would ask that M, for example, 10% of the property Is part of that -11 setback arcs, then 10% of the landscaping that would be required by ordinance fill would be required In that setback area. In regards to afchnedural standards and materials, we do have recommendations regarding materiels for stone, cast stone, stucco, brick, limestone, giants, ind similar masonry types of materials. We do A recommend a limitation on the amount of glass to not mate than 50% or less than 20%, to that you wood huve some reflection along those entranceways but not have total glass-front buildings The design standards that ore proposed for you A ExhibitA an from the City of Southlske, They provide a minimal requitement of relief along the frontage of a building so that you would not simply have flat-front and flat-roof buildings but would require some predation In the front of the buildings or the lop of the buildings themselves. Screening would be required toir mechanical equipment and loading docks and vehicle service bays There is also • proposal for certain uses that are listed on page seven and on page eight that would be slowed but would be required to have limned visibility. In such, [hey would have to be designed so that they would not be visible from the roadways. Thera Is also a provision related to outside storage of merchandise end materials This would be also in compliance with certain Q regulations that ore also currently included In the landscape ordinance as wen-that would require all merchandise activities that would be visible Irom these streets be contained inside the building end not be located where they are visible from [he corridors. Mr Clark has provided some language that's slightly different from what you may have seen in your work session materials for traffe UrvAtion plan to try and minimize along these corridors the access onto those roadways because, obviously, the main purpose of these roads N to move traffic, and we are 11rig to 44. ~ 1a 32 x1G uarus . 0 ximau~ , # 24 ORDINANCE NO. AN ORDINANCE OF 11W CITY OF DENTON, TEXAS. AMENDING ORDINANCE NO. 93-232 TO PROVIDE. FOR AN AMENDMENT TO AN APPROVED DETAILED PLAN FOR 4708 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT FIGIlT1'-SEVEN (PD-87) LOCATED ALONG THE 1%F.ST SIDE OF LILLIAN MILLER PARKWAY BEoTWEEN INIFRSTATE 35F AND SOUTHRIDGE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATF. J \VI] EREAS, Dole and Craig Irwin, on behalf of Mitchell Vexlcr, initiated a request to amend an approved detailed plan for 4.708 acres of land cum, tly within Planned Development District Eighty-Seven (PD-87); and WHEREAS, on May 27. 1995, the Planning and Zoning Commission recommended approval of an amendment to an approwu detailed plan for 4.708 acres currently xvithin Planned Dc%ckpm erit District F.ighiv-Seven (PD-87); and WlILREAS, the City Council finds that the change in zoning xvill be in compliance with the Denton Desrlopnicnt Plan; NOW TIIFREFORE 'I HE COUNCIL Of- THE CII Y OF DENTON HEREBY ORDAINS: SFC'TIQ,'S. 1 hat Ordinance No. 93-232 , providing approval of a planned dcvclopmenl district for 4.705 acres of la, id as described therein, is hereby amended by r.Nproval of an amended detailed plan of the 4.708 acres of land within Planned Development District Eighty- Sicken (PD-87) described in Exhibits A, attached hereto and incorporated by reference herein, is approved, and said detailed plan is attached hereto as Exhibit n. the said Detailed Plan (Exhibit II) shall contain the following conditions, I. Land uses shall be limited to professional, medical, dental or business admhristrative services, small arnimal clinic or public park or open space. Tolal floor area of medical or dental offices shall not exceed 5011, of total allowed floor area. 1i:uimam buifding height shall be one story. 3. %laxinxnn total Iloor area for all buildings shall not exceed 36.000 square feet. 4. No individual building shall exceed 6,000 feet of roof area. 5. I'.xicrior aalis, excluding %kindo~%s and doors, shall be constructed of brick, brick vcucer or olhcr masonry materials, 6. A buffer yard of not less than 20 feet shall be maintained along adjacent residential property. A minimum Of 12 Ircc per 100 lineal feel sill be maintained or planted in 0 A J4. the huffer y,ud No less Ihan 33"h of those trees shall be from the City's large Ircc 1 planting list as included in the Landscape Ordinance. A screening wall of living milerial or fence of ro less than 6 feet in height shall also be required eithin the buffer yard 7. ,111 buildings shall hake no less than a 6'12 roof pitch and cony ,-...un shingles. I '32 X ID 'I • h r ' 'r.. . r..,.'..-A ..,..ten -.r.:~a....i r w. w......._ ~ 1 8. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine ana project upward to prevent the diffusion of light into the night sky. 9. No loading docks shall be permitted. 10, Setbacks shall be 35 feet on the front, 20 feet on the rear, and 10 feet on the side Signs st all hive the following attributes: a, Maxi,num height of6 feet; b. Maximum sign area for new individuil ground signs of 24 square feet; C. Maximum sign area ror all no ground signs within the project of 192 square feet; and d. Maximum of one sign per lot. 11. Access to the property from Soethridge Drive shall be limited to emergency vehicles only. SECTION Il. That the provisions of this ordinance as they apply to the 4.708 acres shown in the detailed plan herein approccd, shall govern and control over any conflicting ` provision of Ordinance No. 93-232, but all proxisions of Ordinance No. 93.232 shall continue in force and erfect to the remainder ortthe district. SECTION IIL That a copy of this ordinance shall be attached to Ordinance No. 93.231, showing the am:•ndment herein approved. SEC11ON 1V,. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SUCTION IV. That this ordinance shall become effective fourteen 114) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this C i ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, 1 exas, within ten ( 10) days of the date of its passage. PASSED AND A; PROVED this the , day of 1998. r j JACK h1111ER, MAYOR I r A'I T IST; JLN'NIFL:k WALTLRS, CI1Y Sli'.CRE1'ARY , to A F31'; a 4 ' e ~ ' w u..n . R ".w.r.y:.a' r+Y•JTrY4M1r.r..vwiKn/r.w~w~~.....• ~ 1 . 1 I 1 l a f t R X I APPROVED AS TO LEGAL FORM: IIF:RBERT L. PROUTY, CITY ATTORNEY r B Y: S Ouro cunrn% Ordinmcc, 987.•9S N1 d,K R I~ 1. i _ I n Y J ~ + 1l i i ~ r I I r M~' " l r esusemo 0 aaotinuatloa of Legal Demeripttoa EXHIBIT A c.r,%rU~ER _LCPS-205214 Schedule A-2- (Continued) COftnitment No. - TRAr-r 1: All that certain 5.211 acre tract or parcel of land situated in the JDhN MCGGWAN SURVEY, ABSTRACT NUMDER 791, Denton County, Texas, said !tact be i.q pate of a tract shown by Deed to Denton Residential N.V., recorded in Volume 986, Page 923, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING fo_ the Southeast corner of this tract at the intersection of the North right-of-way of Southtidge Drive and West right-af-way of Lillian Miller Parkway, said point being North 84 degrees 40 minutes 29 seconds East 1739.82 Cost and North 28 degtess 45 minutes 03 seconds East 9S3,13 fast from the southwest corner of said tracts TMENC6 North 61 degrees 10 minutes 57 seconds West with the North right-of-way ,1.'. of said Southridge Drive, a distance of 71.64 feet to the beginning of a curve to the rights THENCE Northwesterly with a curve to the right having a radius of 270.00 feat )chord bearing North 42 degrees AS minutes 16 seconds West), and said North right-ef-way of Southtidge Drive A distance of 176.82 feet to a point fat end of curve; THENCE North 23 degrees 39 minutes 35 seconds West with said right-6f-way a distance of 73,10 foot, to the beginning of a curve to the left; J THENCE Northwesterly with a curve to the left having a radius of 581.04 feet (chord bearing North 25 drogreas S6 minutes 45 seconds west), and said right-of-way, a distance of 46.54 feet to the Southwest corner of this tract= TnFSNCC North 50 degrees 37 minutes 33 seconds East a distance of 343.55 feet E to an angle point of this tract; THENCE North 35 degrees 07 minutes 33 seconds Fast a distance of 350.82 feet to u, angle point of this tract; r • TKlZCE North 10 degrees 16 minutes 39 seconds west a distance of SD5.14 feet ) to the Northwest corner of this tract; r THu4cE North 89 degrees 66 minutes 11 seconds East a distance of 215.07 feet ' to the said West right-of-way of Lillian Mi:ier Parkway for the Northeast cor^.nr of this tract; r I1 i t, r THEk.,E Scuth 00 degrees 30 micutos 27 seconds rest with maid right-of-way a ' , distarce of 3.95 feat to the beginninq of a curve to the right having A radius l 10 32X 1 i r r 4 MEMO j ' l ContinultiOn. or Ss9e1 DeaCZIYtiOa c1M era Lc9a•zo52la Schedule A-2- (Continned Commitment No. of 753.26 feet chord bearing South 13 degrees 39 minutes 24 seconds Weet); 1HEiC£ Southwesterly with said curve a dis'mco of 398.62 foot to end or said curve; THENCE South 28 degrees 49 minutes 03 seconds West continu4ng with said right-of-way a distanco of 670.00 foot to the Point of Beginning. SAVE AND EXCEPT the following described tract of land. T Being a 0.416 acre tract of land situated in the John Nccowen Survey, Abstract Number 797, in the City of Denton, Denton County, Texas, and being a portion of a 5.1649 acre tract of land described as Tract I according to the Deed recorded Lj Volume 3417, Page I of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as followai BEGINNIM at the most Westerly Southwest corner of said Tract I and being the most Southerly corner of Lot 17, Block A of the Ridge of Southridge, at addition to the City of Denton, according to the Plat recorded in Cabinet D, Page 330 of the Plat Recordo of Denton County, Texas (DRDCT), and being located in the Northeasterly right-of-way line of Southridge Drive (60 foot wide right-Of-way); THENCE departing the Northeastorly right-of-way line of said Southridge Drive and following the Northwesterly line of said Tract I North 50 degrees 37 minutes 22 seconds East a distance of 111.99 feet to a point for cornorj THMI departing the Northwesterly right-of-way lino of said Tract I South 34 degrees 09 minutes 16 seconds East a distance of 146.04 foot to a point for corner; I THENCE South 55 degrees 30 minutes 32 seconds West a distance of 154.26 feet to the beginning of a curve to the right having a radius of 270.00 fe, a ehurd + bearing of North 24 degrees 37 minutes 00 seconds West and a chord length of . 12.16 feat located in the Northwesterly right-of-way line of said 6outhridge Drive; THENCE along the Northeasterly right-of-way line of said southridge Drive as follows! Along said curve to the right through a central angle 02 degrees 34 minutes , ` 49 seconds for an arc length of 12,16 foot; • , y North 23 degrees 39 minutes 35 seconds West a distance of 73,10 foot to the Y~J beginning of a curve to the left having a radius of SA1.04 feet, a chord { 1 !`f n r Ll 32 x r xnK ere Coat fmuat1oo of L40al Description LC98-205214 Schedule (Continued) Commitment No. J k bearing of North 25 degrees 16 minutee 46 seconds West and a chord length of f 46.52 feett Along said curve to the left through a central angle of 04 degrees 11 minutes 12 seconds for an arc length of 46.51 feat to the POINT OF BEGINNING; CONTAINING within thane metes and bounds 0.458 acre or 19,970 square feet of land, mots or less. I~ I c t , j yk r 1 `I . 1 1 f' A r, + a k.. ,9F - ~b 1~ x q I~~~k ~ 32X ,arms ' o , a , I II ..~v. I a!}MY 11rY_ % hf } 1/lx/I bIMR Aim / LI1MM I111M 'I~ 1 }f MTF W R 7 124" IF ~ •Q~~ 111118 MDR ID'i~~_ V wWII~F41• .6 MLM}}/GW: As 5a-w- / p /@PUL rcNw V-10 /r4l 1AMILf Fl10}+r'.K / }rte YFFr0. W YF W ,r / VSl2.o-61 1 1 TT / / 1 lbT / 10T ( i la'.i NS-1114 ~L~ tIL1,_J!_,•:,_ L'LLIAV MI.LIR lgJEC,hND~oa FOR A 4.7 Ar Llil D\' •r f 6}N!!A6 40m, fFom 51 Too Y}N. A FFOFO/ 0%-L Aw 6041K /Ak}I 11w} 1v.Ik ftJ,f1 FM M M iYwM 1"fV•!l w A lfA1VLn R ! ZONED FA11w FCtIl~11.Yt }ftDMIAi ens to o,.u00 1 rwl" A FrIFr1 Af~.R 11.._~i_..• Fo~eFAvn K /1Fwlow/eIOHCluweo m.O OR, POF "o wuM N R rf / I 0 Fet MVIK Flr! wF N.CT Iw1I~rr11y1~,~laww 'fwML~Nr tRAGT I 4 TOe ACRC9 70e ATV sp. 2 m002 Mlrm WN VIA" W/ACy a'. F,IrR F4~ • LOTS .N1W a ~fJ c mwol1 VA" wS0 w ow 0. ww SOUTHRIPOE OAKS 4rDn/nlFwlrulw 11 ' /MMM Aj 1; W4^fAAU 664en116 . .r1r1+1F 1YFY,w DnrroN, Tl KAs / NrDi M 01 &VA066000Y 0.0p1 uvl DETAILED SITE PLAN 0 At IWWKSO004F RAP" }yy6of Wh A 1'AlOr05lD F~Orl YJIONAL AND 6!N!!lLt /V F1I94 1. ROOF w WL W AL 1FY3 Y rd*nlnaN wv,q ""^nv,.,lrn 1H ♦F rllDJeuT 64.8 I OFPIL@rAllK DCVCLOPI!!Nt }Nlf.NNo 0090 em of p PM41%a Mls FOR IRAIN PROPERTIES lb-1:0 DBNFONr TEXAS RrMpfc) E.29-0 e ~ L _ 25 Ao 32XIO i e MEN" AGENDA INFORMATION SHEET q8-DZ3 AGENDA DATE: June 16, 1998 OsN DEPARTMENT: Planning Department DCM: Rick Svehla, 349-7715 $jJl~ fECT - The Preserve Annexation (A-77) Hold a public hearing regarding the proposed annexation of a 15.088 acre property located east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast of 1•35E. BACKGROUND F` The Westover Residential Company and CAIAS, inc., proposes to develop a 15.088 acre tract east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast of 1-35E consistent with adjoining property it owns within the City. Within the city and adjacent to the proposed annexation, the applicant owns 400+ acres within a Planned Development (PD-132) zoning district. The area within the City has an approved concept plan, but no detailed plans nor has the area been platted for development. In accordance with the City's annexation policy plan, approved 'me, 1993, the City will "assess on a case by case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant developments are proposed." Staff has conducted a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process. The capacity of infrastructure such as water, wastewater, streets and electric service and such service capacities as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. This Is the second of two public hearings conducted by City Council prior to review by the 1 Planning and Zoning Commission and subsequent action on the request. The schedule for public + hearings consistent with the requirements of State law is included. PRIOR ACTION I REVIEW (Council. Boards Commissions] First public hearing conducted June 2, 1998. f ISCAL INFORAIATI None v~ a 1. ti 25 x o Cl 32X 6 Y j I ATTACHdtENTS 1. Location Map. 2, Vicinity Map. F 3. Zoning Map. 4. Utilities Map. l 5. Site Map. i C 6. Annexation Study. 7. Service Plan. S. Service Analysis. 9. Annexation Schedule. Respectfully subm' D Hill irector of Planning and Development 1 Pr med by; M k Donaldson Assistant Director, Planning and Development Y Ir i t 0 ~ i y M r c 1 1 r 41 r - r , p' 2.x.r IG~w :dip ~21~ T,r'. . c , cuso,wr f LOCATION MAP ATTACHMENT 1 A-77 ' k I t 8 { 1 SITE .r i The Preserve 15,088 Acre Annexatlon r. 3. r~ L 32 x 1--®r '--l ~ t 1 VICINITY MAP ATTACHMENT 2 A-77 A~yo~LiAnbv~ i LrvaOW r SITE 1 r Y` Edlallrolr Ad Tlb P j &,AOOy r The Preserve 15.088 Acre Annexation r A r w 1 rr "Xyf.l , i i i 1 ZONING MAP ATTACHMENT 3 A-77 r ~ I I < .a 1 n.. r • , F: Ili! ..yr p. ~ Irr f.~i~ r~ LJ k ! 1 ~.-I w n - - - - - - - - - - - - - - r 1 " t I---- ' I I ~.i$~~ rf e ~7Yi24~'r ~"v'`~1"~ I r SITE I {~t111' 1H '~~r(y•~raf r~1r 1 v i,. I I 1 ~ ~ . .~~L q 1y I ' ' y'i, 7 11! i i loop Iw 4r 1 ~ 'rnees \n{ 1`~ r7i ~~rr lYyr` 1 '7 awr The Preserve 15.088 Acre Annexation 5. .a , f 1 21. K 10 3axia • Amex" o wosvm ATTACHMENT 4 o UTILITY MAP A-77 l~ SITE 9t The Preserve 15.088 Acre Annexation 1 C 6. - 2 ) x L~l 32X f i i r a Site Map ATTACHMENT 5 A-77 PROPOSED ANN€XA tort. l • O l raer.,. •n,1 rue 0., J~ fr 0 0 1 a ~O ! ~ r'rcr • , rr•r.r ti + 1 Jill DIVILOPMLNT PLAN I I THE PRESERVE i~T DINUK HKAB 25 e 0 ATTACHMENT 6 ANNEXATION STUDY ! (A - 77) I The Preserve Name and Address of Owner: Westover Residential Company and CA1AS. Inc. 4000 W. Windsor Flower Mound, TX 76028 (972) 355-3796 Name and Address of Developer: Westover Residential Company and CAIAS. Inc. i 4000 W. Windsor Flower Mound, TX 75028 (972) 3553795 Location and Size: 16.088 acres located east of Swisher Road near its Intersection with Edwards Road in DentoNs extraterritorial jurisdiction (ETJ) northeast of 1.36E. Existing Land Use: Undeveloped ' Surrounding Land Use: East: Undeveloped land In the City zoned PD-132 West; Undeveloped land in the ETJ North; Scattered single-family residences In the ETJ South: Scattered single-family residences In the ETJ Proposed Development: Residential townhome development at 10 dwelling units per acre consistent with the proposed Development Plan for the Preserve at Pecan Creek. Analysis: • It is the panerat policy of the City of Denton to assess on a case-by-case baste the anrvixation of areas In the extraterritorial Jurisdiction (ETJ) when significant deveopments are proposed, occurring, or likely to occur in the near future. The following are guldelines for determining when at,nexation study should be considered: (1) Single family developments over five acres; or Q (2) Multi-family, industrial or commercial development over one acre; or (3) Any area where the density exceeds 600 unite per square mile; or I 8. 75 x 10 32X • • i ~/IIAtrA , r O I 5 n I (4) Any development or area that might have a signifcant Impact upon the city, Including but not limited to service costs, Increased traffic, drainage Impact, utility needs or utilization, safety or health hazards. Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria shall be considered: (1) The ability of the city to furnish normal city services equal to other comparable areas Inside the city limits. A. Streets and Roads. Existing roads in the area, Edwards Road and Swisher Road, are not constructed to city standards. Substantial upgrades will be required to provide services equal to city standards. B. Water 1 Wastewater Services. Water service In the area will need to be extended at developer's expense approximately 5,000 feet to any future development. Wastewater collection lines in the area will need to be extended at developer's expense approximately 4,000 feet to any future development; Water and wastewater treatment systems have excess capacity. C. Electric Distribution. Electric distribution Is capable of providing service to the area, D. Solid War to Collection and Disposal. The city currently does not provide solid waste services in the immediate area. Any development In the area will result In Increased demand for services. Additional personnel and equipment will be necessary to provide service to slgniflcant development in the area. E. Police Services. Any future development of the property will result in increased demand for police services in the area. The area surrounding this property Is already within the city, Response time to the subject ` property would be comparable to that of surrounding property In the city. Additional personnel and equipment may be necessary to provide service to significant development In the area O F. Fire Protection and Emer eanry M ical Services (EMS). An 0 Y future development of the property will result In Increased demand for fire protection and EMS services In the area. Statlon 06 Is located near the Intersection of Teasley Lane and Lillian Miller Parkway, approximately three miles from the property. Response time via Lillian Miller Parkway and I.35E may be relatively difficult, depending on traffic conditions. Extenslon of Wind River Lane from Tealey Lane to the 1.35E frontage road O 11 j will greatly enhance response time to the property. Additional personnel .J I 9, l 10 32XIO F 1 p and equipment may be necessary to provide service to significant development In the area. G. Parks and Recreation Services. Any future development of the property will result In Increased demand for park and recreation services In f the community. Neighborhood parks will be required as development occurs. Additional community and regional facilities may be necessary to provide service to the residents of the area if significant development In the area occurs. H. Llbraly ervices, Any future development of the property will result in increased demand for Ilbrary services In the community, Additional parsonnel and facllities will be necessary to provide service to the residents Hslgnifcant development In the area occurs. I. Code Enforcement, Building insoections and Consumer Health Services. New building ectlvity will trigger additional case work for the Code Enforcement, Building Inspections and Consumer Health departments. At present V sere Is no excess capacity In any of these dlvislons. J. planning and Development Services. Zoning, platting and development activity will trigger addition case work for the Planning and Development Department. At present there is no excess capacity In any divlsion of the department, K. Miscellaneous. Any future development of the property will result In Increased demand for general government services In the area. Additional personnel and facilitles may be necessary to provide service to sfgnlficenl development in the area, L. Capital Improvement Program (CIP), The CIP of the City Is prioritized according to the following guidelines: 1. Provision of Capital Improvements as compared to others { areas will be based on characteristics of topography, land utilization, population denslty, magnitude of problems as related to comparable areas, established technical standards and professional studies, 2. The overall cost-effectiveness of providing a specific facility c,r improvement. y J The annexed area will be considered for public Improvements In the upcoming CIP, This property will be considered according to the ~ t➢ 0 established guidelines, i 10. *26 10 32X Io s , 0 MWO (2) The reliability, capacity, and future public cost, If any, of current and planned provisions for community facilities such as roads, drainage, utilities, etc. A. Streets and Roads. The property's primary access will be via Interstate 35E, which Is the responsibility of TXDOT for maintenance and improvements. Construction of internal roads required to provide access to future subdivisions of the property will be the responsibility of the developer. There may be long-term cost to the city to provide necessary upgrades and Improvements to Edwards and Swisher Roads. 8, Water! Wastewater Services, Water distribution and wastewater collection systems are in proximity to the property. Water and wastewater treatment facilities have capacity. Both are "Enterprise Funds" so that any necessary Improvements will not impact the general fund. Extension of service lines to and within the property will be the responsibility of the developer. C. Electric Distribution, facilities to provide electric service to the property may be necessary. Again, the electric utility Is an 'Enterprise Fund" so that any necessary improvements will not Impact the general fund. Service connections will be the responsibility of the developer. D. Solid Waste Collection and Dlsposal, Equipment to provide services to the property will be necessary when fully developed. The solid waste utility Is also an enterprise fund. E. Police. Fire and Emergency Medical Services. These departments are driven by response time. As additional development Is this area occurs, more personnel and equipment may be necessary to maintain current response times. Station *6 is approximately three miles from this property, F. Parks and Recreation. Library and General f,{gyernment Services. -IN The demand for these services Is a function of residential population. Additional development will result In more residents, which will result in I, 0 more demand for facilities and services In the city, 'I (3) The need and quality of land use and building controls. Private controls will be considered. This property is located adjacent to a Planned Development district (PD-132) which requires that site plan controls be Included in an approved detailed plan. O • %J A Control of the quality of land and building development will be required. 91 11. 32XQ A i 0 I 1 (4) Impact on the city, both current and long range, Including at e minimum: a. Fiscal cost and benefits, Until there are definite detailed plans available for consideration the fiscal cost and benefit of the proposed annexation Is difficult to assess. However, the proposed development plan Indicates that a balance of land uses will be provided, including residential, commercial and civic uses. In addition, many significant public benefits will result from the proposed development, Including: ■ Park land dedication within the Pecan Creek drainage area so that linear greenbelts and trail corridors can connect to areas outside the development; ■ An area for community and civic uses Is proposed; ■ A school site is proposed; and ■ Construction of Lakeview Road, a north-south arterial, will be required. b. Traffic; Located near the Shady Shores exit from 1.35E, It could be expected that most traffic will utilize the Interstate system for travel to the southeast and northwest. Once on the Interstate system, traffic Impact on existing residential neighborhood will be minimal. Pockrus Page Road and Edwards Road will provide additional access to and from the west. Both operate at less than capacity, but would require substantial Improvements to carry significant traffic. Lakeview Road, a north-south arterial, will be constructed as development occurs. A northern connection to FM 4213 is highly desirable to disperse traffic to as many different routes as possible. C. Infrastructure of roads, utilities, and other community facilities, Interstate highway capacity Is in place and will be utilized to a great degree. Local roads must be enhanced in the near future. Water distribution and wastewater collection systems must be extended at developer's expense. r Electric service can be provided. Other community facilities may be necessary If 0 significant development occurs rapidly, 1 d. Safety and health; The proximity of this property to fire station #6 will provide adequate response times for fire and emergency services, The area is already within the police it service area. Significant additional development may require additional 0 equipment and personnel to provide adequate response times. 0 a. Building or development quality; 12. ~~~10 32XIO ~I 11 1 1 4 y j f I 1, '~r 4i 1 1 O 1 ° 1 ~ i 1 The property Is currently zoned as a planned development. Lend and building I design standards can be Incorporals4Into any approved detailed plans. E > , i. Aeslhetio quality; r c The city's landscaping ordinance will apply to any new development. Land and p building design standards can be Incorporated Into any approved detailed plans, r ti M g. Community character, There Is no predominant character of existing development In the area. Any new quality development is likely to enhance the area. ' (b) Conformance with or need to ensure conformance with the officially adopted master plans of the city. The 1988 Denton Development Plan Identifies the area as a 'Low IntensityA ea . The low Intensity designation Is the least Intense development district In the city. Residential development of this property with appropriate nleghlwrtrood-oriented, mixed uses can conform to the `Low Intensity' development standard. 1. I t" ,n I , i . , i 1 . } Ir i ~ la 1 ~~i ♦ a~ ,1 I I J I' 5 k 'J l i 1t 13. A%& ~_011111&=IIILIIIIL~ o , • o ATTACHMENT 7 ANNEXATION SERVICE PLAN . CASE NUMBER: A-77 AREA: 15.088 Acres LOCATION: East of Swisher Road, near ks Intersection with Edwards Road Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Taxes, at the following levels and in accordance with the following schedule: A. Streets and Roads. Access Is available currently via 135E, Swisher Road and Edwards Road. Future development will result In the construction of Lakeview Road, a north-south arterial road ultimately connecting Highway 380 and 1.35E along the eastern edge of Denton, B. Water I Wastewater Services, Water Is currently available at Pockrus Page Road and 1-35E, approximately 5,000 feet west of the property. Wastewater service Is currently available at Edwards Road, approximately 4,000 feet west of the property. C. Electric Distribution. Electric service Is currently available In the area, D. Solid Waste Collection and DIsposal, The City can serve this properly. Service may require additional equipment, personnel and operating resources. One solid waste truck and three person crew is needed to serve each additional 1,300 households in the city, E. Police Services, The department estimates that service can be provided within average s~ response times for the city as a whole. The City $ priority response time is 8.08 minutes, while Its average response time Is 12,45 minutes, • F. Fire Protection and Emergency Medical Servhs (FMS). 0 >1 The City currantly serves adjacent property. Station ff8 Is approximately 3 miles from the subject property, 1~. 25~ 10 32X 10 Lr r , I , 1 , i l 1. r I III RR I . . . n 7 { ~ I % .ww..._.-. . w.. 1~ .e.. r..i_u.rrN...rir.r~..w.rn~rM.rr...r...rr,... ~ I I 0. parks and Recreation Services. , r I h The City currently serves adjacent property. South Lakes Park Is more than 3 miles from the subject property. Additional neighborhood parka r r t would be required as a result of development. " H. Library Services. t The Library anticipates that Increased demand resulting from development in the City can not be met using existing materials, facilities and ` personnel, The City currently has less than heN the standard number of items per capita (4e4b Home) and below the standard facility area per 1 capita (0,76 sq. ft.). L Co dg Enforcern nt. Building Inspections and Consumer Health Services. The City currently serves adjacent property. k J. Planning and Oevelppment Services. „f The City currently serves this property. K. Capital Improvement PMgrarn (IP). The CIP of the City Is prioritized according to the following guidelines: 1. Provislon of Capital Improvements as compared to others areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies, 2e The overall cost-effectiveness of providing a specMc facility or Improvement, The annexed area will be considered for public Improvements In the upcoming ClP. This tract will be considered according to the established k guidelines, 1- ~ x 19. L, rA z32 X~. awe O rATA mA i ATTACHMENT 8 I• 1 SERVICE ANALYSIS A•71 POLICE 1. Estimatod average response time for this area based on current department conditions: Priority 8.06 minutes i k Non-priority 13.90 minutes Average 12.45 minutes I I 2. Appropriate average response time In the city based on current department conditions: Priority 8,06 minutes Non-priority 13,90 minutes Average 12,45 minutes 3. If annexed and developed as proposed will additional personnel be needed as a sppciflr^ % result of this proposal? No If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? No If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No a 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? see Below Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Yee 1s there an accepted officer to population ratio that can be used for planning purposes? Yee, Additional Comments: 1 This analysis pertains to the 15.088 acres described in the request, but T not to The preserve subdivisicn in total. The proposed annexation will have • negligible impact on current police reponse times and tesourtail however, in t the context of the new subdivision the analysis will be such different, Lt. Tow Woods May 1, 1998 Person to contact if there are questions Date Preserve Service Info Request.doc ]6, e , j~,~, ' 25 ❑ 32 X I a • I i loop" 0 VMMM SERVICE ANALYSIS At77 WATER! WASTEWATER i 1. What Is the nearest City of Denton water line? `ae A. Size of water line, Location of water tine. • ~~-,,,,,,I~ Distance from proposed annexation. a= 'L~ .w4" ~++~x„ 2. What is the nearest City of Denton sewer line? 0 Size of sewer line. 2 Location of sewer line. &AQWdi Distance from proposed annexation, + AtL . 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 Waterlines Nvo%C, Sewer lines 4,04c" b 4. Are there any City of Denton lines Inaiuded 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? - I Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments; , +kl w44,. ~ Ciww Axi a4kA t.t. of emm t ' t*ttOT. j ~ s~a..ly. slrores. ,i Mk .w. A+ L y S 13. ~>r I • Pero contact If the a are questions Data 0 Preserve Service Info Request.doc 17. x 10 32XIO • r ' t 1 1 SERVICE ANALYSIS t A•71 Solid Waste 1 r Is residential solid waste service available to~ the proposed area for annexaton? 2• Is commercial solid waste service evailable to the proposed area for annexation? 3. What Is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. -So. Ci°' Personnel, ~~nrovc ' 4• What is the typical revenue collected per. 1 . ~r Household. $111';0 Daf Aovetkild Commercial Business 5. Will additional equipment be needed to serve this area 4 annexed or developed? Type of Equipment, /-04(16 4 Cost of Equipment. Q 0' 000 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. Dr,'vzr .2 /r7& 'S Number of Employees. J 7r Please comment on the cumulative Impact of annexation and development. At what population level would additional equl ment be required? WiSencee~'~ Cua wrl/nCeo~POY1'' A. 1 tp4~P~M=nT " Is there an accepted equipment to population ratio that canVo used for planning purposes? /.GCS _ r Is there an acce ted employee to population ratio that can be ur'+d for planning purposes? fo,(</c f, .~.U~.. /c/ 'g lM pro 41 {ti + I ' I Additional Comments: Q Of , Person to co tact If they re questions Date J~O Preserve Service Info Requesl.doe 1, too~' 32 x w + 7 I 0 t SERVICE ANALYSIS A•71 LIBRARY 7. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? No 8. If not, how many additional employees and what type of facilities and materials will be nodded to provide services? Ire will know the anaver to this fMe h r • 11a Of our Library !taster Plan Study for 1998-2010 when it is completed. 9. Estimated additional funding needed strictly based on proposed annexation and ' development. Same as to 10. Please comment on the cumulative Impact of annexation end development. At what population level would another library facility be required? 71,450. We are currently already below standard which is .75 sq. ft. per capita. Is there an accepted circu;ation to population ratio that can be used for planning purposes? Yes. 5.08 circulations per capita. Is there an accepted employee to population ratio that can be used for planning purposes? Yee Population per PTE is ).908. Population per Master deg reed Librarian is 11. 031. Additional Comments: The moat important service anallysle measurement is items per capita. The state total is 4.45. The City of Denton is 1.90 f K I r ` I r • may 11. 1998 Person to contact if there are questions Date s fl Preserve Service Info Request.dx 19. r ri.~ 5'M 7b x ❑ 32 x u -Boom 1 ATTACHMENT 9 AOPOSED ANNEXATION SCAIDULE A-77 The Preserve at Pecan Creek May 19, 1998 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for ' public hearings regarding the proposed annexation. a PreliminaryAnnexatlon Assessment prepared. May 21. 1998 Notice published in Denton Record-Chronicle for first public hearing. o Annexation Study prepared and available for public review. a Service Plan prepared and available for public review. June 2, 1998 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. l June 6,1998 Notice published In Denton Record-Chronicle for second 1 public hearing. June 16, 1998 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing, June 24, 1998 Planning and Zoning Commisslon holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. July 21, 1998 City Council by a four -fifths vote Institutes annexation proceedings. 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. July 26, 1998 Publication of annexation ordinance In Denton Record- Chronicle. September 1, 1998 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. O Council action must be more than 30 days after E` publication of ordinance and less then 90 days after council Institutes annexation proceedings, r C.;FIr Gxvrnenui[C Rgrvtr'.Iro~t.uelrw~ rho ArHnaAnc 20, 25 ~0❑ 32x17 i AGENDA INFORMATION SHEET ApaldaNtl ^ O AQM1a1 Mlle AGENDA DATE: June 16'h,1998 DEPARTMENT: Planning & Development CM/DCM/ACM: Rick Svehla ' SUBJECT Consider approval of a resolution regarding Land Use Assumptions for Impact Fee Implementation. BACKGROUND Based on the population forecast data prepared by the consulting firm of RUST Environment and Infrastructure, the Planning Department has prepared the Land Use Assumptions that are legally required to implement impact fees for water and wastewater treatment facilities. The assumptions were prepared with input from the City's impact fee consultant, and were presented to the Capital Improvements Advisory Committee on April 22" , 1998 and were recommended to City Council by unanimous vote, The Land Use Assumptions have been prepared in accordance with the Council-approved Impact Fee Schedule. Council conducted a public hearing for the Land Use Assumptions on June 2nd, 1998, as per state law requirements. No comments were received during the public hearing. Since the time that the Land Use Assumptions were made available for public review, staff has not received any written comments for City Council rcvicw. A resolution has been prepared for City Council consideration to allow approval of the Land Use Assumptions. The Land Use Assumptions are also attached as an exhibit to the resolution. The Land Use Assumptions will be revisited should other types of impact fees (for distribution orcollection systems improvements) be considered. ESTIMATED SCHEDULE OF PROTECT I f edopted, work on the Land Use Assumptions will be finished for the time being. Efforts will focus on the 10-year Capital Improvements Program as the next phase of impact fee implementation. PRIOR ACTIONlREVIEI<' October 28`h, 1998 Council briefing on Impact Fee process considerations December 10h, 1998 Council briefing on Comprehensive Plan January 13`h, 1998 Council briefing on Impact fees February I V% 1998 Council approval of forecasts and impact fees consultant contracts %larch I V% 1998 Council creation of Capital Improvements Advisory Committee April 2l", 1998 Council approval to set Land Use Assumptions public hearing date " April 22nd, 1998 Capital ]mprovemcnts Advisory Committee recommendation of approval April 23"' - June I" 1993 h1m. 30 LO (lay rcvicw Period before Council public hearing (actual: 40 days) April 28'", 1998 Council briefing regarding the Land Usc Assumptions May 1", 10'h, 17'x', 1998 Notice of Public Hearing published in n°wspaper as per state law June 2"d, 1998 City Council Public Hearing on Land Use Assumptions FISCAL INFORMATION N'one' • EXHIBITS O • Exhibit tllt Land Use Assumptions Resolution Respectfully Submitted; ~ddM,Hill Director of Planning and Development t. S, f k 10 10 32 X 0 0 EXHIBIT 1 RESOLUTION NO. _ r i A RESOLUTION ADOPTING LAND USE ASSUMPTIONS FOR THE CITY OF DENTON THROUGH THE YEAR 2009 RELATED TO FINANCING CAPITAL IMPROVEMENTS THROUGH THE IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, land use assumptions have been developed and service areas have been de- lineated as prescribed by Chapter 395 of the Texas Local Government Code; and I WHEREAS, on June 2, 1998, the City Council considered these land use assumptions and designated service areas in an advertised public hearing held in accordance with Chapter 395, and any member of the public who was interested in the matter had an opportunity to be heard and present evidence for or against the land use assumptions; and WHEREAS, all requirements of advertisement and notification regarding such action have been met in accordance with Chapter 395, including the fact that the land use assumptions, the time period of the projections, and a description of the general nature of the capital improve- punt facilities that may be proposed were mzde available to the public on or before the date of the first publication of the notice of hearing; and WHEREAS, the Denton Capital Improvement Advisory Committee, appot„led in accor- dance with the requirements of Chapter 395, on April 22, 1998 recommended that the City Council adopt these land use assumptions; and WHEREAS, the City Council deems it in the public interest to adopt the land use as- sumptinns relating to the possible adoption of impact fees to finance water and wastewater capi- ' tal improv.mcnts; NOW, THEREFORE, 111 F COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. Thal the facts and recitations contained in the preambles of this resolution are hereby found and declared to be true and correct. SEC11ION II, That the City Council hereby adopts the land use assumptions recom- mended by the Denton Capital Improvements Advisory Committee on April 22, 1998, which land use assumptions are attached to and made a part of this resolution for ail purposes as Exhibit A, projecting cl.^nges in land uses, densities, intensities, and population through the year 2009 in A Denton for the puipiscs of planning for and financing µater and wastewater capital improve- mcnis through impact fees, O • pl SECTION III. That the City Council hereby adopts the service area delineations attached as lAhibits A and B to the attached land use assumptions. 2. j 't l5 1 ~~l 32xID , S r 0 I some" w I• m,.mm r~ • r i SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the ; i day of _ '1998. I i t r, JACK MILLER, MAYOR y ATTEST: r w JENNIFER WALTERS, CITY SECRETARY a r I BY: _ f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I . BY: _ i I I l• i t f1111111'l it l'rAm eJ.kylllrl:INr(AxuM1Rnll AJivtn'A lnl uw lNNrylinl arNntlW Is ~ I dy ,p r J I r M1M1 C` a~ r - 1, ry R ~1~45 { 25 32x~0 I r e U City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. i Land Use Assumptions Introduction These Land Use Assumptions have been developed as the basis for the preparation of an impact fee ordinance for system-wide water and wastewater capital f,r:provemenls according to the requirements of State law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code. In the State Code, at 395.001(5), "Land Use Assumptions" must include a description of the service area and projections of changes in land uses, densities, Intensities, and population in the service area over at least a ten-year period. The state law requirements for land use assumptions are summarized as follows! 1. Land use assumptions as defined by Section 395.001(5); 2. Time period of projections; 3. Description of general nature potential capital Improvement facilities; and 4. An easily understandable map of the service areas. The ten-year planning horizon used in developing the Land Use Assumptions is 1999- 2009. Growth projections presented in this report are based on work completed under contract for the City of Denton by Rust Environmental and Infrastructure, Inc., a Dallas company, including the population forecasts contained In a recent report. The forecast projects a three (3) percent annual Increase from 1997 through 2002 and a five (5) percent annual increase from 2003 through 2009. See Exhibit C. i These over-all growth forecasts for the City are reflected in the Land Use Assumptions for the City's Water and Wastewater CCN service areas. A CCN Is a 'Certificate of Convenience and Necessity' that must be approved by the Texas Natural Resouces Conservation Commission (TNRCC) before services may be provided to properties within the designated area. The water and wastewater service areas Include all of the area within the City plus different areas of the City's Extra-Territorial Jurisdiction. The Wastewater Service Area includes an area larger than the Water Service Area. Maps of these service areas are attached as Exhibit A (Wastewater) and Exhibit 8 (Water). The product of these land use assumptions will be applied to a projected ten-year Capital Improvement Program (CIP) for the City's water and wastewater treatment facilities to develop an impact fee that can be assessed to future development. The impact fee will reflect the `fair share" of the cost of eligible water and wastewater capital ` improvements that will directly benefit new development within each service area. i 4. { i 32 x r 0 % n , y : f I , City of Denton, Texas Land Use Assumptions Recor imended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Methodology I Land Use Assumptions will be developed to project new Residential and Non- i _ } Residential development anticipated to occur from 1999 through 2009. Estimated { residential development is stated in terms of the number of new housing units. The { number of projected housing units is directly related to the population forecast for the City provided by Rust. Estimated non-residential development is stated in terms of f } square feet of development and is primarily related to the change in population, but also reflects local and national standards for ratios of land use within communities. Projected non-residential development is forecast for commercial, Industrial and civic land uses. Civic land uses include Institutions such as schools, universities, government facilities, churches, parks, streets, and other Infrastructure. f x i Residential housing units and non-residential development in square feet will be converted to demand for water and wastewater service and applied to the CIP. r. 1 % lr , 0 City of Denton, Texas Land Use Assumptions Recommended for approval by the Benton Capital Improvements Advisory Committee to City Councif on April 22, 1998. Residential Land Use Assumptions To estimate the number of new housing units expected as a result of forecast changes in population it Is necessary to state assumptions about the following: • estimated population expected within the water and wastewater service areas; • estimated mix of housing units - single family as oompared to multi-family; • estimated percentage of population Irving in group quarters such as college dormitories, assisted living centers and jails; • estimated percentage of population tha. will IFve in single-family housing units compared to the percentage that will live in multi-family housing units; • estimated persons per housing unit for single-family and multi-family housing units; and • changing trends in these demographic factors over time. Current Conditions It Is important to understand the current conditions with respect to each of these residential land use assumptions. • The estimated 1997 population is 74,400 for the water service area and 80,300 for the wastewater service area. The estimated 1997 population I for the City is 71,450. • In 1997, single family housing types accounted for 47% of all housing units while multi-family and other types accounted for 53%. The percentage of single-family residential development is among the lowest In the Dallas-Fort Worth metropolitan area, ` 1897 Housing Units vrtlhin the CI of Denton Type April, 1990 Ap01,1990 thru 1997' 1 1997 013 • Single-Famiy 13,207 1,80 #31,73-8 Multi-Famil & Other 15,584 1,141 725 TOTAL 28,791 2,941 • In 1990, more than 10% of Denton's population lived In group quarters. • • In 1990, 59% of Denton's population lived In single-family housing, while • • 41 % lived in multi-family and other housing units (not group quarters). ' 1990 Census, SFT-3 = City of Denton, Building Permit data, April 1990 through December 1997 6. ;1111111 W1111*116*, t~l 10 32XIO 0 O City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee I to City Council on April 22, 1998. In 1990, the estimated persons per housing unit, by type, was 2.8 persons per single-family housing unit and 1.7 persons per multi-family and other housing unit. These numbers are estimated from 1990 census data that shows 2.7 persons per unit for owner-occupied housing. 3.1 persons per family household, 2.0 persons per unit for renter-occupied housing, and 1.4 persons per non-family household. Projected Conditions The process for achieving year 2009 non-residential land use in terms of square feet of new development from an estimate of new housing units developed during the period 1999 through 2009 Is as follows: RESIDENTIAL HOUSING UNITS Forecast of Population 4 Persons per Housing Type Housing Unit Mix Persons per Housing Unit I New Housing Units Following are the assumed factors used to derive an estimate of the number of new • housing units for the period 1999 through 2009. ESTIMATED POPULATION B_Y SERVICE AREA YEAR WATER CCN WASTEWATER CCN SERVICE AREA SERVICE AREA 1999 78,900 - 85,200 . 2009 121,400 - 134,00 . Over the ten-year period it Is anticipated that the Denton area will develop more single family housing units than multi-family housing units, moving to an estimated 50% level, rather than 45%, of all housing units in the area that are single-family housing units. To 7, AVOW a 32x1 4 '1, s own" 0 City of Denton, Texas Land Use Assumptions j Recommended for approval by the Denton Capilat Improvements Advisory Committee i to City Council on April 22, 1998. I do so, 55% of all new housing units must be single family housing. To put this to perspective, In 1996 and 1997, only 38% of all housing units completed in the City were single-family units. However, it appears that the number of single-family building lots recently platted will begin to be developed very soon and it is estimated that single- family residential development will overtake multi-family residential development. ESTIMATED MIX OF HOUSING TYPES _ YEAR SINGLE FAMILY MULTI - FAMILY 1999 '47% 53% 2009 50% 50% In 1990, more than ten percent of the city's population lived in group quarters, such as college dormitories, elderly housing, and institutions. It Is estimated that the rate of growth for population living in housing will exceed the rate of growth for population living in group quarters, thus the percentage of population living in group quarters Is expected to decline by 2009. Ten percent of the city's population living in group quarters In 1990 accounted for 6,994. Seven percent of the wastewater service area population In 2009 would be 9,170. ESTIMATED PERCENTAGE OF POPULATION IN GROUP QUARTERS 1997 9% - --2009 The density of residential land use is Indicated by the ratio of single-family to mufti- family housing units, The development of single-family housing units Is expected to Increase at a greater rate than multi-family housing, and the average household size for single-family units Is greater than multi-family. It Is therefore anticipated that the percentage of population living In single-family housing will Increase from the 1990 rate of 59% - ESTIMATED PERCENTAGE OF POPULATION BY HOUSEHOLD TYPE YEAR SINGLE FAMILY MULTI - FAMILY 1999 - 59%`-41% 2009 63% 37% • - - - O • The intensity of residential land use is Indicated by the number of persons per housing unit. The local and national trend toward smaller households Is expected to continue. e. ~El 32x~~ i 1 I , 11 t i ...r ,:....,.......w,w.v..ww.awt-e n..r m..w<,aer..~. n...n... ~ I r Ir City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee ,I to City Council on April 22, 1998. I 1 I ESTIMATED PERSONS PER UNIT YEAR SINGLE FAMILY MULTI - FAMILY 1999 2.8 1.7 2009 2.7 1.6 s •i ' Applying each of these factors to the forecast population for water and wastewater ° service areas yields the estimated number of single-family and multi-family housing units for the period 1999 through 2009. f RESIDENTIAL LAND USE ASSUMPTIONS WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA CHARACTERISTIC 1999 2009 Change 1999 2009 Change Population 85,200 131,000 45,800 76,900 121,400 42,600 Population In Group 7,700 9,200 1,500 7,100 8,600 1,400 Quarters Household Population 77,500 121,800 44,300 71,800 112,900 41,100 Single Family 45,900 76,400 30,500 42,500 10,800 28,300 I Multi•Familyd 31,600 45,400 Others 13,800 29,300 42,100 12,800 Single Family 16,400 28,300 11,900 15,276 26,255 10,980 . Dwelling Units Muttl•Femlly l4 Other 18,600 28,300 01700 17,225 28,255 9,030 Dwelling Units L r. f 9• t~ I ~ 1 YI I 10 32X 0 0 City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Hon-Residentlat Land Use Assumptions To estimate the amount of commercial, industrial and civic development expected as a result of forecast changes in population it is necessary to state assumptions about the following: • estimated population expected within the water and wastewater service areas; ratio of developed land by type of land use, in the city and from national studies; • estimated land use rate for residential development; • estimated ratio of non-re3idential land uses to residential land use; • estimated floor area per acre of non-residential land uses; and changing trends in these land use factors over time. i Current Conditions It Is important to understand the current conditions with respect to each of these non- residential land use assumptions. In 1997, data from the North Central Texas Council of Governments (NCTCOG) shows the following land uses within the City of Denton: 1997 Land Use Within the CI of Denton I % of % of Land Use Acres _ WI Land Developed Land Residential 6,688 18.7 50.7 Single-Family 5,513 _ 15.4 41.8 Multi-family /other 1,175 3.3 8.9 j Commercial 1,235 3.5 9.4 ! Industrial 1,167 3.2 8.9 Civic 4,094 11.5 31.0 0 Total Devel ed _13,164 36 9 100 Total Undeveloped 22,547 Rs.1 Total 35,731 100 In 1992, the American Planning Association produced a s irvey of land use ratios for cities throughout the country. This allows some comparison o for the 1997 Denton data. O • W/ t 2,C) 10 32XIO y.,~rr..wr•. 1 i City of Denton, Texas Lend Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Land Use Ratios 1997 Local aim 1992 National Data' Residential (SF) Commercial Industrial k 1997 Denton 52(42) 9 9 31 1992 Small Cities 52(41) 10 7 31 1992 Cities SOK-90K 50 39 9 12 30 1992r a Cities 48(38) 10 10 32 1992 Cities 100K•200K 47(35) 9 7 37 • In 1997, vi thin the Cityof Denton and assuming there were no housing units located on land specified as non-residential use, there were 15,015 single-family housing units on 5,504 acres, a rate of 2.7 units per acre. There were 16,725 multi-family and other residential units on 1,175 acres, a rate of 14.2 units per acre. Overall, there were 31,740 housing units on 6,688 acres of residential land, a rate of 4.75 housing units • er acre. 199? Housing Units per Acre f Units Acres _ Units/Acre Sin le•Farni~~ 15,013 5,504 2.73 Muiti-Fami!yOthers 16,725 1,175 14.23 TOTAL 31,738 6,679 475 I • Applying the area of each type of non-residential land use to residential land use and multiplying by the number of housing units per acre of land, i ratio expressed in the number of housing units required to support an acre of commercial, industrial and civic land use can be developed. _ 1997 Land Develo ment Rate Commercial Industrial Civic Housing units needed to support an acre of 2fi.7 27.2 7.8 land - • The current City of Denton zoning code allows a 2: 1 floor area ratio on I i commercial and industrial land. In other words, on one acre of commercial or Industrial land as much as 87,000 square feet of floor area is allowed to be developed. However, a more practical development intensity has been a floor area of 0.25: 1 for commercial and 0.4 : 1 for Industrial land uses. 3 Bringing Land Use Ratios into the 'fts, AAA Memo, August 1992 Small Cities are those in the survey with population less than 100,000 s Large Cities are those in the survey with populetin^ over 100,000 NCTCOO data, 1998 I1. ,4. 25 x C 32 x I O 1.0 s o { ' J City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Projected Conditions The process for achieving year 2009 non-residential land use in terms of square feet of new development from an estimate of new housing units developed during the period 1999 through 2009 is as follows: NONRESIDENTIAL LAND USE Huusing Units Housing Units per Acre of N-R Land Use New Square Feet of Development per Acre Square Feet of N•R Development Following are the assumed factors used to derive an estimate of the amount of new non-residential development for the period 1999 through 2009. ESTIMATED POPULATION BY SERVICE AREA YEAR WATER CCN WASTEWATER CCN SERVICE AREA SERVICE AREA -1999 - - -78,900 i 85,200 2009 121,400 131,00 A It is anticipated that over time, the percentage of area devoted to residential and • commercial development within the service areas will Increase and the per 3ntage of area devoted to Industrial development will decrease. It is assumed that most commercial, Industrial, and civic development will take place within the boundaries of the City of Denton, Eet_Imated Percent of Developed Land In Service Areas • Single Multi- O • Year Commercial Industrial Civic -f42.0 Tamil - - 1999 42.0 9.0 9.5 8.5v 31.0 2009 43.0 10.4 10.0 8.0 29.0 12. 7h IQ 32XIO r 0 I City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. It Is anticipated that over time, residential development In the area will become denser than the numbers indicated In 1997. For future development, it Is estimated that single- family residential housing will develop at a rate of 4 units to the asre (compared to 27) i, and multi-family residential housing will develop at a rate of 20 units per acre (Compared j to 14.2). The density of non-residential land use is Indicated by the relationship betweon residential and non-residential land used, As residential and non-residential development in the water and wastewater service areas becomes denser than the patterns developed over the past one hundred years, the number of housing units required to support a non-residential land use can be expected to Increase. an acre of However, commercial land use is expected to remain proportional to residential land use. 1999 Housing Units per Acre of Non-Residentlal Developed Area (Calculated on the basis of 100 developed acre3) Single-Family Housing 42 acres (42%) x 4 uniWacre = 168 units Multi-Family Housing 9 acres { 9%) x 20 units/acre = 180 units Total Housing 348 units Commercial 348 units + 9.5 acres (9.5%) = 37 units per acre Industrial 348 units + 8.5 acres (8.5%) = 41 units per acre Civic 348 units + 31 acres ( 31%) = 11 units per we k 2009 . Housing Units per Acre of Non-Restdential Developed Area (Calculated on the basis of 100 developed acres) r Single-Family Housing 43 acres (42%) x 4 unitstacre = 172 units Multi-Family Housing 10 acres (10%) x 20 unitstacre = 200 unks Total Housing 372 units * Commercial 372 units + 10 acres (10%) = 37 units per acre industrial 372 units + 8 acres ( 8%) = 47 units per sore z, Civic 372 units + 29 acres (29%) = 13 units per acre 13, 25)( 10 32xIO , 17~ ~t 1 I , y ~ei t y S! r +I 4\. ,n:.. .yIe, w . rl ✓YN'PVV_ ....w+viMNMVWwY~a..a IwMAMM\MIAwnlevi I\ City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Estimated Non-Reeldentlal Land Development Rate (Housing units per acre of non-residential land l Commercial Industrial Civic 1999 37 41 11 , i k; 2009 37 47 13 The intensity of non-residential land use is Indicated by the amount of floor area developed per acre of land. It can reasonable be expected that commercial and civic Intensity of land use will Increase by approximately 20%, but that Industrial land use Intensity may be expected to remain approximately the same. The table also Indicates the relative Intensity of land use among each of the non-residential land uses, with i Industrial land developed most Intensely, followed by commercial and civic, with Its high percentage of parka and other public areas, not very intensely developed. Estimated Non-Resldentlal Land Development Rate Pexe I of floor area per acre of non-residential land Commercial Industrial c . 1999 25 40 5 ~,,'I v 2009 30 40 8 Applying each of these factors to the forecast population and housing units for water and wastewater service areas yields the estimated amount of noa residential development, as measured In square feet, for the perbd 1999 through 2009. ? ^a, i ! r c w x; , L`r , .v ; 14. y,~~ !;{f~rp~ ~r^~°r~i\ C ~ { ~tXly ~!',I'('~~~r~^t~'.. ~4 /1 R 11.iik' n t o I Mow" City of Denton, Texas Lenl Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. NON-RESIDENTIAL LAND USE ASSUMPTIONS , CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA 1999 2009 Change 1999 2009 Change Population 85,200 131,000 45,800 78,900 121,400 42,500 Housing Units 35,000 56,600 21,600 32,500 52,510 20,010 Land Use (Acres) Commercial 950 1,550 600 900 1,400 500 Industrial 850 1,200 350 800 1,100 300 Civic 3,200 4,350 1,150 3,000 4,000 1,000 Floor Area MNllon Sq FL) Commercial 10.3 20.3 10.0 9.8 18.3 9.5 Industrial EA 14.8 20.9 8.1 13.9 1921 3.3 Civic 7.0 11.4 4.4 6.5 10.4 3.9 RESIDENTIAL LAND USE ASSUMPTIONS CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA 1999 2009 Change 1999 2009 Change Population 85,200 131,000 45,800 78,900 121,400 42,500 Population in Group 7,700 9,200 1,500 7,100 8,500 1,400 Quarters Household Population 77,500 121,800 44,300 71,800 112,900 41,100 Single Family 45,900 76,400 30,500 42,500 70,800 28,300 Multi-Family 8 31,600 45,400 13,800 29,300 42,100 12,800 Others Single Family Dwelling Units 16,400 28,300 11,900 15,275 26,255 10,980 Multi-Family & Other 18,600 28,300 9,700 17,225 26,255 9,030 Dwelling Units 15• r 10 32x1 b C EXHIBIT A I~ Wastewater C GN 1 till rl ~r r 1 r ~ I 1 i ~ .L' fir, M1F ~ 1 4K J~4 -91 T'r. 3 2 lure 4 • 0 o i i Water CCN EXHIBIT B ~ li 1•` ~ I ` ti•~~ JJ ~,L~ 1 J} w 1SS t 1 ~ m,e 617 ~ } ~ I y 5, -ire II ~138Q _ _ 10 ,,s~xti :r ; ik''YAq • .tq ` _ _ vO\ A lw~^ i I i j 7 ~ I I 1/7 o i, alaa~eall~ f C 1 f EXHIBIT C 1 RW Rust Environment Infrastructure Inc. - I I f I p A Auat ln;ennalval Company R" 2149309887 y IQC Wait? xo opepd Uaa Fa 211 93 7 6429 Sui7e 300 d' Oallax, 77( 75247 4909 I April 17, 1997 t Mr, Dave Hill Director of Planning City Hall West 221 N. Elm Denton, Texas 76201 a: Dear Mr. Hill: ; Two tables containing population forecasts for the water and wastewater CCN's of the City of Denton are attached, The population forecasts should be considered preliminary and the column labeled 3%-536 is to be considered the Most Like Scenario. The three percent forecast Is not likely for the City, and was Included primarily as a point of reference; however, the three percent forecast does represent the low range of the forecast and five percent the upper range of the forecast. The Most Likely Scenario assumes that population will increase at an annual rate of three percent through the year 2002, after which the rate will increase to five percent per year. As more aformation becomes available the forecasts should be refined, and the forecasts should be updated after the next census results are available. I hope the attached information is adequate for your needs. If you requiro additional Information, of have any questions, please do not hesitate to contact me at 2141638-0145. am, with best regards, Yours very truly Rust Environment 8, fcture Albert C• Petrasek, Jr, Ph,D., P.E. % Vice President ' I t 1 1 , f 4 Om71fi rhm~gn reurwrnk Is. 25 32 x!0 sasaais s 4 . ~1 `r I f Population Forecasts for Wastewater CCN Year 3% 4% 3% 3%•6X' 1997 80,300 80,300 80,300 80,300 1996 82,709 83,512 84,315 82,709 1999 85,190 86,852 88,531 85,190 2000 87,746 90,327 92,957 87,746 F 2001 90,378 93,940 97,605 90,378 2002 93,090 97,697 102,455 93,090 0 2003 95,882 101,605 107,810 97,744 i k 2004 98,759 105,669 112,990 102,631 2005 101.722 109,696 118.640 107,763 2006 104,773 114,292 124,572 113,151 2007 107,916 118,664 130, 800 118,809 1 2008 111,154 123,618 137,340 124,749 2009 114,489 128,563 144,207 130,987 'Recommended Forecast (4117!98) .y Population Forecasts for Water CCN Year 3% 4% 6% 3%-&%' 1997 74,400 74,400 74,400 74,400 1998 76,632 77,376 78,120 76,632 1999 78,931 80,471 82,026 78,931 2000 81,299 83,690 88,127 81,299 2001 83,738 87,037 90,434 83,738 2002 88,250 90,519 94,955 86,250 2003 88,837 94,140 99,703 90,562 2004 91,503 97,905 104,688 95,091 2005 94,248 101,822 109,923 99,845 2006 97,075 105,894 115,419 104,637 2007 99,987 110,130 121,190 110,079 2008 102,987 114,535 127,249 115,583 2009 108,077 119,117 133,612 121,362 ` j 'Recommended Forecast (4117/98) 3 i { a 11 /r C Il r: 19• .r % . X 10 32x 0t T 7Z • o { EXHIBIT 2 Impact Fee Schedule Dates Assuming that we base Land Use Irk Assumptions on Market Forecasts Council appoints Adv Board 17-Mar i t Rust briefs Council and Adv Board on market forecasts 24-Mar Rust modes forecasts as appropriate 31254115 ,1. g Council sets hearing dale 21 -Apr Adv Board recommends land use assumptions 22-Apr Mandatory 30-60 day public review 412212 Council holds public hearing 2-Jun Council adopts land use assumptions 18-Jun AOTIDunean reviews existing plant info 3118.4110 AOT1Duncan prepares 10-yr CIP 4113-W31 PUB review 1-Jun - I Adv Board review 10-Jun City Council review 4-Jun 1 • AOT/Duncan modify 10-yr CIP 8112.7124 Council sets hearing date 4-Aug Adv Board sends comments on CIP 12-Aug r Mandatory 30-60 day comman! period 818•f1n5 ; ' , j Council holds public hearing IS-Sep I r i Council adopts fees 1013108 1 i r. I r ' 20. 32~ 10 A 0 t MAP" . ,r,._\'_..~~.., 0,. 1: , w a r i5'{*.'J(..]i Jr .:l..ed'X. 'i': Ye, , ;.R Ur.+.'^ ~ . w.ee•;. Apends No ` JOY Apenda ]tern , AGENDA INFORMATION SHEET j AGENDA DATE: June 16, 1998 QLestions concerning this acquisition may be directed " i DEPARTMENT: Finance - Purchasing to Eva Pool 349-8566 s ACM: Kathy DuBoae, 349-8128 SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A j PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF A LIBRARY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS rJ" THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP # 2128 - PUBLIC LIBRARY MASTER PLAN AWARDED TO CAROL BROWN ASSOCIATES IN THE AMOUNT $46,475.00). BACKGROUND The 1996 Bond Election included 5600,000.00 for library expansion. The B!ue Ribbon Committee designated this amount for possible ,ad acquisition in the final year of the CIP. They recommended that before the next bond election was held, a master plan study be commissioned to identify/quantify capital costs associated with future library expansion and the corresponding operating costs. The Blue Ribbon Oversite Committee allocated 550,000.00 for that master plan development for Library Services in the current year. This proposed agreement is intended to fulfill that portion of the planning process. ESTIMATED SCHEDULE OF PROJECT The Master Plan is scheduled for final presentation in January, 1999. PRIOR ACTION/REVIEW (Co ne'l. Boards. Commissions) The Library Board unanimously recommended approval at their meeting of May 21, 1998, FISCAL. INFORMATION Funding for this Master planning activit) is available from CIP funding, account f! 459• 033-STDY•9865.9151. i ~I l - i r r'lh 25 10 32XIO • o { r AGENDA INFORMATION SHEET l JUNE 16, 1998 PAGE 2 OF 2 REQUEST FOR PROPOSAL INFORMATION RFSP # 2125 was for the development of a Library Services Master Plan for the yeah 1998 - 20I0. The three major components were 1) Library Master Plan 2) Building Needs Assessment and 3) Emily fowler Central Library Facility Plan. i The following qualified responses were received: a Carol Brown Alssociates a Providence Associates Inc. a Hidell Architects a Phillips Swager Associates Carol Brown As ociates ww chosen as the most qualified and a negotiated price for services was estal fished at $-i6,475110. We recommend this contract be awarded to Carol Brown Associates. Respectfully submitted: Name: Tom Shaw, C.P.M., 349-7100 Title: Purchasing Agent y *1 1053 AGENDA 1 . 2 2 5 32 x U .i~rrrYW~YI[e4 !r!~ I Y Y a ' O ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH CAROL BROWN ASSOCIATES FOR THE DENTON PUBLIC LIBRARY MASTER PLAN 1998-2010; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1• That the City Manager is hereby authorized to execute a Professional Services Agreement with Carol Brown Associates for t' : Denton Public Library Master Plan ' 1998-2010, substantially in the form of the attached Agreement which is incorporated herein for al l purposes, SECTION 1.. That the City Manager is authorized to make the exwktiture,)f funds as provided in the attached Professional Services Agreement. SECTION IL That this ordinance shall become effective immediately upon its passage and approval, , PASSED AND APPROVED this the day of , 1998, JACK MILLER, MAYOR ATTEST: JENNIFER 15'ALTERS, CITY SECRETARY rI BY: APPROVED AS TO LEGAL r'ORM: HERBERT L. PROUTY, CITY ATTORNEY i !•naMJm IrIIWMm'ewnrd+nrn ar de./ ciM ~Ynna J~ r i n ~ f {1 3 INEZ pc, ll 25n 32x ice.' •x ..-J..1 o I O r PROFESSIONAL SERVICES AGREEMENT FOR THE DENTON PUBLIC LIBRARY MASTER PLAN 1998.2010 STATE OF TEXAS 4 COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of June, 1998, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal u; tec at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter coiled "OWN5R' and Carol Brown Associates, with its corporate office at 11706 South Kirkwood, Stafford, Texas, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNEFSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 11 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional scn ices set out herein are in connection with the following described project: The Project shall include, without limitation, consulting services for the Denton Public Library to complete a Library Master Plan for 1998.2010 with three major components: (1) Library Nl stcr Plan, (2) Building Needs Assessment, and (3) Emily Fowler Central Library Facility Plan. ARTICLE jj • SCOPE OF SERVICES ` Tl,e CONSULTANT shall perform the following services in a professional manner E A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER't Request for Proposal (RF'P) Relating to Professional Services for the Denton • Public Library Master Plan 1998-2010, which is attached hereto and made a part hereof ID 9 as Exhibit "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT's Revised List of Work, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. 4 .i Io # ❑ as x O i C. CONSULTANT shall perform all those services set forth in individual task orders which is attached hereto and made a part hereof as Exhibit "C" as if written word for word herein. D. If there is any conflict between the terns of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the sch Aule establisheo by the OWNER, acting through its City Manager or his designee. ARMLE IV COMPENSATION A, COMPENSATION TERMS; I. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of consulting services for the Denton Public Library, i 2. "Wtect Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supp.ies, tramp ortation ani equipment, i travel, communications, subsistence, and lodging away from home, and similar . r.tcidental expenses in connection with that assignment. 11. BILLING AND PAYMENT; For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate dclail at an hourly rate shown in Exhibit "D" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including r • reimbursement for direct non-labor expenses not to exceed fifty thousand dollar (850,000). ~ ~ Partial pay menu to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services 5 ' '1 r 4~. ' 1 1 1~ x 32x 111 M.. 0 exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional paynnenls by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER, The CONSULTANT shall not proceed to perform the services listed in Article Ill "Additional Services," without obtaining prior written authorization from the OWNER. C. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and e.Kpcnses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (6&) day, and, in addition, the CONSULTANT .nay, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably dctcmiines that the work is unsatisfactory, in accordance with this Article V, "C'ornpensation." ARTICLE Y OBSERVATION AND RE1 IEW OF THE WORK r ^ The CONSULTANT will exercise reasonable care and ;lue diligence in discovering and . promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. i, ARTICLE VI OWNERSHIP OF DOCUMENTS All do:umems prepared or fumibhed by the CONSULTANT (and CONSULTAN7's 0 , subcon',actors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. Tho CONSULTANT is entitled to retain topics of all such documents. The documents prepared and fumished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. 6 % x Q 32 iX s , _won" 0 In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is ' released from any and all liability relating to their use in that project. j ARTICLE VII INDEPENDENT CONTRACTOR I CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee etatus, ARTICLE VIII INDENINITY ACRF,EAIENT The CONSULTANT 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 attomey fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be constnred to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litiga!ion filed by anyone not a party to this Agreement, including the defense of pernmcniai immunity, which defenses are hereby expressly reserved. ARTICLEJA INSURANCE -14 During the performance or the services under this Agreement, CONSULTANT shall maintain the folio" ing insurance with an insurance company licensed to do business in the State 10 of Texas by the Slate Insurance Commission or any successor agency that has a rating with rlest Rate Carriers of 3t least an A• or above, { A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than 5100,000 for each occurrence and not less than O 5100,000 in the aggregate. , D. Automobile Liability Insurance with bodily injury limits of not less than 5500,000 for each person and not less than 5500,000 for each accident, and with property damage limits of not less than $ 100,000 for each accident. 7 Mir= 1i e 1n 32x101 1 O r rS"[MRt! r I C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OW'NER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT, In such event, the CONSULTANT sltall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE X1 IERAIINATION OF AGREEMENT A. Nntwithsianding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in p..rt in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unlers the other party is given (1) Arit= notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons " specifying the non-performance, and not less than thirty (30) calendar days to cure the . failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereindcr, CONSULTANT shall immcdiatcly cease a!: services and shall rend) • a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all seniccs properly rendered and satisfactorily performed and for reintbursable expenses to termination incurred prior to the date of y, tet-mination, in accordance with Article 1V "Compensation" Should the OWNER jd subsequently contract with a new consultant for the continuation of services on the ProjcC, :'ONSULTANT shall cooperate in pr.widing information. The CONSULTANT shall tum over all documents prepared or furnished by CONSULTANT pursuant to this 8 - r+ 25 w. 10r 32x1[1 o ' t t Agreement to the OWNER on or before the date of termination, but may maintain copies , of such documents for its use. ARTICLE X11 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same ;.n the United States mail to the address shown below, certified mail, return receipt requested, unless utherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: T,)':ONSULTANT: To OWNER: Carol Brown Associates City of Denton 11706 South Kirkwood ATTN: Eva Poole, Director of Library Services Stafford, Texas 77477 215 East McKinney Denton, Texas 76201 All ncticcs shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. -44 ARTICLE XIV ENTIRE AGREEMENT • This Agreement, consisting of Hire pages and four exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive f statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, represeniations, negotiatiot s, discussions, communications, and agreements which may have been made in conncclion with the subject matter hereof • ARMUM w • • SEVERABILITY If any provision of this Agreement is round or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of 9 x t; K ❑ 32XI❑. r sasm O rAP~ i this Agreement and shall not cause the remainder to be invalid or unenforceable, in such event, the parties shall reform this Agreement to replace such stricken provision with a valid and ' enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI i COMPLIANCE WITH LA\VS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, ARTICLE XVI1 DISC RI NJINATION PROHIBITED In perfomfing The services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XV111 PERSONNEL. A. The CONSULTANT represents that it has or will s-:cure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shr!1 not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. 13. All seniccs required hereunder will be performed by the CONSULTANT or under its supervision. All personnel cmugaged in work shall be qualified, and shall be authorized amid permitted under state and local laws to perform such services. ARTICLE XIX ASSiGNABILITI' , The CONSULTANT shall not assign any interest in !his Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior writlen consent of the OWNER. ARTICLE XX MODIFICATION J~v No waiver or modification of this Agreement or of any covenant, condition, or limitation li herein contained shall be valid unless in writing and duly executed by the party to be charged tlmcrewith, and no evidence of any waiver or modification shall be offered or received in evidence { to 10 32 x 1 U 1 0 in any proceeding arising between the paitict to out of or affecting this Agreement. or the rights or obligations of the parties hereunder, and unless such waiver or modifiration is in " writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A, The following exhibit., are attached to and made a part of this Agreement: City's RFP, Carol Brown Associates Proposal, and Carol Brown Associates Cost Proposal B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. ` C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton IF County, Texas. This Agreement shall be construed in accordance with the laws of the Stale of Texas. D. For the purpose of this Agreement, the key persons who will perfonn most of the work hereunder shall be Carol Brown. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services t required herein. Ii. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, aid efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such " steps as are appropriate to ensure that the work involved is properly coordinated with 0 related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. a • > G. The captions of this Agreement are for inl3rmational purposes only, and shall not in any way affect tl a substantive terms or cond:.,ions of this Agreement. 11 X 10 7 r ~ /Q f' I' r Ir +:f 9 1 0 i 10 annr ru4: !'rWrn4y4r. s4'4 ..w~ in'n~4 ~ r I IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed tais Agreement ' through its duty authorized undersigned officer on this the day of 19 CITY OF DENTON, TEXAS J~ TED BENAVIDES, CITY MANAGER X I .r ATTEST: JENNIFER V. ALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Alt.. BY; / da CAROL BROWN ASSOCIATES r , { WITNESS; I0 BY: t!!tl I / 1 1 i '1 12 r5 32x~d i SIMMS 0 VIM" ' f . Agenda No Agenda Item _ Data_ AGENDA INFORMATION SHEET AGENDA DATL: June 16, 1998 Questions concerning this Acquisition may be directed DEPARTMEN T: Engineering & Transportation ~~CC to Jerry Clark, 349.8390 DCM: Rick Svehla, Deputy City Manager f~7 SV.BJECT AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO, 96.274 TO ADD A SCHOOL SAFETY SPEED ZONE FOR MCMATH MIDDLE SCHOOL; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REAi;ONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOAD'.NG ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. BACKGROUND This request is from the Denton Independent School District for a school zone at the new McMath Middle School located off Londonderry Lane at Jason Street. DISD, TXDOT, and the City of Denton have been working together to develop a comprehensive plan for the new middle school. ERIOR ACTION/REVIEW (Council Boards. Commisslonsl The parent/tcacher committee (PTA) reviewed the entire proposal with Gene Holloway, DISD } representative and are generally satisfied that it is a good comprehensive plan. Traffic Safety Commission approved the request at it's May 4'h, 1998 meeting, l; FISCAL INFORMAT Funds for installation of the signs will come from the Traffic Sign Budget - approximately $500. 1 1 •1 < w ' 25 ICJ,, 32X , v v f, 'r!~ r h \ r i~o ' 3 v r~ r : y 1 iCSIB r O t A' I See Attached Respectfully submitted: ~ I l.~ + Clark P.E. _ Director o Engineering & Transportation f - ' r~ 1 I r "r ~ r r •t, 2 j 10 At i~.: :.ti .f c 0 0 Enqineerinq Memo To. Mayor and Members of the City Cow cil From. Jerry Clark, D'uector of Engineering and Transportation Date 05/22/98 Re Mchlath Middle School Speed Zone Ordinance This propused school zone was developed as a cooperative effort between DISD, TXDOr, and the City of Denton. Gene Hollowway of DISD deserves a lion's share of the credit The enclosuic that shows all the crosswalks, sidewalks, etc is for your information only, The only issue being considered is the school zone on Londonderry where the speed is to be reduced to 20 mph on school days during the same hours as the other middle schools which is 730 to 8 30 a m and from 2 30 to 3.30 p m The other issues on crosswalks, sidewalks, signals etc is to giv e ~ ou the overall concept or design approach for the safe school zone routes to McMath, The DISD will be handing out traps to parents at registration to get the kids to use the safe school routes. This approach is very positive and wiG provide strong guidance towards getting the kids to school safely and of r;ernly The proposed school zone will cover the primary area where all the entrance and exit movements to the new middle school will occur, The main entrance to the school and the bus entrance are both on Londonderry . The main cntrarnx vdll have a traffic signal where the driveway hits Londonderry opposite of Jason The bus entrance is closer to the intersection of r Londonderry and Sam Bass The school zone will be extendod to within 100' of Sam Sass which gives some notice to r.totorists that they are in a school zone before they see the buses going in and out The other end of the school zots is at Londonderry. The heaviest movements are expected to come tiom the east oft Teasley from both cars and pedestrians The ears will have the previous no parking, et Londonderry, Sam Bass at Londonderry, and [H 35E at Sam Bass to give extra room at the Ilu ee intersections for turning movements That was ordinance number 97.353 which was approved in De°.ember of 1997 The pedestrians on Londonderry coming from the east will be rotded down the South Side where a new walk will be guilt to the school entrance They can also co* a across at Jason at 3 f, 2~i ~ 32XIO L s 0 n Denton Independent School District Transportation Department { 5093 East McKinney Denton, Tens 76205 • AprU 22, 1998 Mr. Jerry Clark, P.E. Director of Engineering tit Transportation } City of Denton Denton, Texas 76201 Dear Mr. Clark: Dentea Independent School District Is opening McMath Muddle School August 10, 1998 "or the 1498-99 School Year. The district requests that the Uty of Denton establish a school zone from the intersection at Teasley Lane (2181) and Londonderry to one hundred feet north of the school bus access drive on Londonderry. Attached Is the District's proposal for the school zone and pedestrian crossings to support McMath NGddle School. Please contact me at (940) 387.3845 if t can be of further service or answer additional question Sincerely, C n~r fry for of Transports(;' n 4 0 CC: Dr. Albert Thouw i Dr. Pay Braswell Nom-, Sisk Robert Ramey J 4 r 9G r, X32 X~ D 0 :Raw,* O McMath Middle School School Zone & Pedestrian Crossing Proposal April 21, 1998 The following information profiles proposed school zone and pedestrian crossing controls for the McMath Middle School campus 1. Establish s school zone on Lnndonderrv from the corner of Teasley Lane f21811 and j&ndonderry to one hundred feet north of the bns access drive on Lnn and rM a 730 City of Deoton sn2 ooaa w a ai;cwa& fiam me earner of Tealey Lae sod l rmdoodary, on the vkw side of Loadoodmy, to the entracte of McMath Middle School located at Londonderry end felon DIS D wilt pay had of all maeriat equipment and labor can b, DISD will concoct a sidewalk from the stmt entrance located at Loodoodc" and Jason to the campus. e. Completion data: Jme/July 1998 2. SchooYFedestrian Crossing N 1 ILondanderry & fa•onl a The City of Deatoo will install a temporary traf5c oonlrol fight at the Londonderry and Jaws Intermdoo, A pamaoeat traffic control Light will be kite led with D1SD paying half of the material, equipment and labor costs mcunod by the cit. b. The Cis of Denton will pilot crosswalks, install pedestrian crossiog controls and sign age at the Loodoodem end loon latersectioa e. Completion dates lune/My 1998. 3. Sthogf/Pede3Irian Crossing N 2 (Londonderry & Teasley .anel a Traffic cad pedestrian controls currently exist a mi. tiara b, The City of Deotoa will install and paint podestsm cromwelks at iatenectioa. c. Texas Departmcal of Tramponatioo (TexNT) will instan sipIge for pedestrian crossing. d. City of Denton will provide sidewalk access from the South Lafi s Pak Area to the McMeth Middle School Campus. e. Completion delev Juoe kly 1998. 4. Sc o /Pedestrian Crossing N (Teasley one & .rang ridge The proposed crossing to be installed in three (3) phases: A. Phase On I . The Cky of Denton win imtell and paint pedestrian crosswaks and construct a sidcwA to conned the crossing with the South Lakes walkwsy, 2. TeuDoT will installwarning and padeotriaa wosaaog control sign sge on both sides of the cast and west soedweye 3. Completion dates of Phase One (Crossing rr 3): Ju nOuly 1998 b, Pham Tw TvOoT, Cit of Denton end DISD is oooducting a safety evalusUoo to warred the in+tallation of Cubing pedestrian control lights for crossing. C Ebuc IL¢s no City of Denton will Install a patoaow trsffsdpodcstnu control light at this mtenectioa wbeo "Ifie warrants we complied with sod approved for Steens Rod 2181 by TeOoT S. SchooMdestrian Crossing N 4 (flobsan & Santa Monlcal a. City of Dealoo will IM 4 pedestrian etoastag alp age and paint etoawel i b. Completlon dates: Joodluly 1998, 6, School/Pedestrian Crmting (Ttaila & I-3-9 IVOCT a Traffic and podatriao controls cturecay exist as imenectioa. Cit of Deotou will pawl and iaata8 crosswalks. b, Completion Data: Juwluly 1998. 7. Sy&,jmlt .-iLLli?L-- j9L7(tjjAOlt TexDoT rod the City of Dmloa ant eq~&-Juutiag speed toning with G the intent to rr ewc the postal speed limit by S MPH on Teaky Lane from 1.35 to Lillian Miller. t 5 Now 3 2 i 0 o ~ Y ^ i -3sE w ` f. Ai 1 i ' ~Ilt~tltf ' S,' ?il • a... ~.r~- I E r i y i n ' T.r+rs/~ ~ , , vE~, 1 I + ii.'y vy TTNN ~1vii SEOUL jAAV I 1 32 X* t r;, , r t, FOR I EM 1(3 U ; IEW A" CONSIDER APPR"," OF A SCHOOL ZONE !!",C'MATH MIDDLE SCHOOL ON 1 "ONDERU LANE FROM TEASLf Y LANE {EM21 11 TO 100' EAST OF SAM BASS: This request is from the Denton Independent School District for a School Zone ry or the new i irMath Middle School located off Londonderry Lane at Jason x r f Street. D1SD, TXDOT, and the City of Denton have been working together to develop a comprehensive plan for the new middle school We have enclosed the proposed school tone plan and the supporting pedestrian fi&ustructure such as crosswalks, signs, pedestrian push buttons and thn tre"1'ic signal for Jason at Londonderry. Your action in this item is only , on the school zone. The wlditiotW information provided is to help the Cc. unission understand the overall flow of cars, buses and pedestrians to McMath. Londonderry and Sam Bass ptovide the access to the new school. The buses will use the drive that is closest to Sam Bass to make the flows to and from the Interstate 33E frontage roads as safe at possible. It also separates the buses front the cars that will help increase the flow of traffic (capacity) especially at Teasley and Londonderry and at Jason at Londonderry" Buses take the place of about 3 cars and especially impact the time necessary to get through the traffic signal on Teasley. The length of this schrul zone is based partially on the fact that Londonderry is the only access to the school All traffic to the school will pass through this area The large separation between the main entrance at Jason and the bus ' drive near Sal ,a Bass is the basis for most of the length. Staff rocommrnds approval of the school zone, 1 he parentheacher cornmittce of the PTA for this area has reviewed the entire proposal with Gene Holloway of DISD. They commented that they were generally satisfied and that it was a good comprchcnsive plan , ` 4' 1r n i a ,+J i , 7F1„i ~ ' , m l X, 10 10 32 it p Traffic Safety Minutes May 4, 1998 ITEM 2 REVIEW AND CONSIDER APPROVAL OF A SCHOOL ZONE FOR MCMATH MIDDLE SCHOOL ON LONDONDERRY LANE FRAM TEASLEY LANE (FM 21811 TO 100' OF SAM BASS: Clark said he would let Gene Holloway, DISD representative, present his case. They have worked together on this. Gene Holloway, representative of DISD, came forward, He said, this is the petition for school zoning for McMath Middle School opening in August 1998. The request before the commission is a school zone from the comer of Teasley and Londonderry to approximately 100 feet from Sam Bass south on Londonderry as shown on the presentation. It would accommodate zoning for the school campus with access to the campus from Jason. At this point, he recognizes Jerry Clar% and Buz Elsom at the Texas Department of Transportation for their help in put.fng this together, There have been several meeting collaborations, and planning going into prepping for pedestrian school crossings for the Londonderry Teasley area, Along with the school zone, with assistance from the City and State, five crosswalks will be added. The first will be at Jmon and Londonderry. The second directly at Londonderry and Teasley. The third off Longridge, for those accessing the Southlakes walkway from the south, The fourth from Santa Monica into what are th Eureka Park and the Southlakes walkway, which would facilitate access to the campus. The fifth is at the top of the walk zone on the east side of 135 and will access the campus under 135 expressway. He is appreciative of the City of Denton cooperation and the State in establishing the crosswalks, etc. The district will be helping finance sidewalks, assisting with financing of the traffic light at the Jason and Londonderry entrance, and egress to the campus. -44 Sawko said the only thing being considered today is the school zone, Is that correct? Holloway said ycs. As discussed with the City, this will all be a collaborated k { effort between the City, State, and DISD. 'ire school zone is being considered today. This is an vverview of the entire pedestrian crossing and school zone s`agedy''ci tl.,scampus, r 0 Harisfield asked Clark if he had anything to add Clark said no, unless the 0 • commission needed more information. Phillips asked how many students wld r tend M Naih. d a. x. 10 32x1( Ell WXWKMNNKMXILR~~ r • 1. 0 i. I 1 ~ .....'n .r...l. r, ......:....w,a .w.n.M1. rr,..rm r..,e:sa..r-rv+..r.ra,...w ~ ..r..f I 1 Holloway said at 6_ ,:me, there are 975 to approximately 1,000 students slated for that campus. Sawko asked what the speed limit would be - 20 MPH? , Clark said it would be 10 MPH. STAFF RECOMMENDED: Approval COMMISSIONERS: Sawko made a motion to accept :tall recommendation. Phillips seconded the motion. Motion passed unanimously. Vi r rl V I I.V ' k . 'A . f " M 1 f IMM r 4 0 32 x d 2 5 x 0 A , 0 '.W51YK4`3 ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON CERTAIN PORTIONS OF LONDONDERRY LANE AND SAM BASS BOULEVARD NEAR MCMATH MIDDLE SCHOOL; PROVIDING A SAVINGS i CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECL."RfNG 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 at any time upon the following street in the City of Denton: The south side of Londonderry Lane from its intcrection with Teasley Lane west for two hundred and fifty feet. The north side of Londonderry Lane from its intersection with Teasley Lane west for one hundred feet. The north side of Londonderry Lane from its intersection with Sam Bass Boulevard east for fifty feet. The east side of Sam Bass Boulevard from its intersection with Londonderry Lane north for fifty feet. Both sides of Sam Bass Boulevard from its intersection with IH35E Frontage Road south for one hundred feet. SECTION]L The provisions of Section I prohibiting the parking of vehicles shall apply at all times to 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 comp:iance with the direction of a police officer or official traffic control device. • SECTION 111. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereb , repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinam., shall remain In full force and effect. SECTION IV. That if any provision of this ordinance or application thereof to any • person or circumstance is held invalid, such invalidity shall not affect the other provisions 0 • or applications, and to this end the provisions of this ordinance are severable. 10 0 t ~ y 4. 4 i I SECTION V. Any person adjudged guilty of parting a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200,00). r SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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 Itt _ . 1997 JACK MILLER MAYOR 00 A o ATTEST: 'ENNIFER WALTERS, CITY SECRETARY BY. APPR ED AS 0 LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:-~~ ~ bhued' dxrtnrdwc,nd+no p,kSnr doe ~ 1 { Sl 1 f , tl 1 p, .t{f,.~„aK . 25 $ q 32X 1 G o , 0 i ORDINANCE NO, AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE N0,46-274 TO ADD A SCHOOL SAFETY SPEED ZONE FOR MCMATH MIDDLE SCHOOL; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDINO A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS (5200.00); PROVIDING A SEVERABILITY CLAUSE; /f PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That based upon cn Engineering and Traffic Department investigation heretofore made, as authorized by the provisions of Section 545.357 of the Transportation Code, V.T.C,A., the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m, until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows to-wit: . Borman Elementary School Both directions of Parvin Street beginning 50 feet east of where Parvin Street intersects the center line of McCormick Street to 100 feet east of where Parvin Street intersects the center line of Mercedes Street. 2 Newton Rayzor Elementary School Both directions of Malone Street beginning 50 feet north of where Malone Street intersects the center line of Cordell Street to 100 feet north of where Malone Street intersects the center line of Emery street. 3. Ginnings Elementary School O f Both directions of Stuart Read beginning 250 feet north of where Stuart Road intersects the h center line of Imperial Drive to 173 feet north of where Stuart Road intersects the center line sg+► of Sun Valley Street. I Both directions of Sun Valley Drive from its intersection with Stuart Road to 200 feet east of 12 J ' t- s # ~5 I~ 32XIO E d , 0 r MOM where Sun Valley Drive intersects the center line of Yellowstone Place. Both directions of Yellowstone Place beginning 300 feet north of where Yellowstone Place intersects the center line of Imperial Drive to the intersection of Sun Valley Drive and Yellowstone Place 4. Woodrow Wilson Elementary School Both directions of Windsor Drive beginning 275 feet west of where Windsor Drive intersects the center line of Bristol Street to 275 feet east of where Windsor Drive intersects the center line of Hanover Drive. Both directions of Hanover Drive from its intersection with Windsor Drive to 450 feet north- west of where Hanover Drive intersects the center line of Rockwood Lane. Both directions of Emerson Lane beginning 150 feet east of where Emerson Lane intersects the center tine of Glenwood Lane to 350 fat west of where Emerson Lane intersects the center line of Rockwood Lane. 5. Hodge Elementary School Both directions of Grant Parkway beginning 380 feet northeast of where Grant Parkway intersects the center line of Deerwood Parkway to the intersection of Farris Road and Grant Parkway. Both directions of Farris Road from its intersection with Silverdome Road to 200 feet north of where Farris Road intersects the center line of Grant Parkway. 6. Robert E. Lee Elementary School Both directions of Paisley Street beginning 475 feet west of where Paisley Street intersects the center line of Mack Drive to the intersection of Mack Drive and Paisley Street, 0 Both directions of Mack Drive from its intersection with Double Oak Street to the intersection of Paisley Street and Mack Drive, 7. McNair Elementary Both directions of Hickory Creek Road beginning 765 feet west of where Hickory Creek Road intersects the center line of Montecito Drive to 430 feet east of where Hickory Creek Road intersects the center line of Monlecito Drive, ~r 13 y~ w. r 32XIO AKam 0 8. Evers Elementary Both directions of Evers Parkway beginning 305 feet south of where Evers Parkway intersects the center line of Gardenview Street to 50 feet south of wbere Evers Parkway intersects the center line of Robbie-0 Street. Both directions of Cobblestone Row from its intersection with Evers Parkway to 170 fe,K erst of where Cobblestone Row intersects the center line of Ashcroft Lane. 9. Sullivan Keller Elementary Both directions of Wood Street beginning 230 f.et ,7uth of where Wood Street intersects the center line of Davis Street to 300 feet north of where Word Street intersects the center line of Davis Street. Both directions of Ruddell Street beginning 230 feet south of where Ruddell Street intersect the center line of Davis Street to 300 feet notth of where Ruddell Strom intersects the center line of Davis Street. Both directions of Davis Street from its intersection with Wood Street to the intersection of Ruddell Street and Davis Street. 10. Fred Moore Center Both directions of `.fill Street beginning 150 feet west of where Mill Street intersects the center line of Cross Timber Street to 100 feet west of where Mill Street intersects the center line of Wye Street. Both directions of Wye Street beginning 150 feet west of where Wye Street intersects the center line of Cross Timber Street to the intersection of Mill St. K and Wye Street. Both directions of Cross Timber Street from its intersection with Wye Street to the intersection of Mill Street and Cross Timber Street. h 11, Tomas Rivera Elementary { Both directions of Newton Street beginning 200 feet north of where Newton Street intersects the center line of Morse Street to 225 feet north of where Newton Street intersects with he center line of Wilson Street. B. That the time periods for reduccu speeds for school zones described below shall be from 7;30 a m. until 8:30 a.m. and from 3:30 p,m. until 4:30 p,m. on school days, The locution of school cones described below shall be as follows, to-wit 14 ..t ?5 32x 1 i r • 0 ~ti 1 I 1. Strickland Middle School Both directions of Windsor Drive beginning SGO feet east of where Windsor drive intersects ' the center line of Locust Street to 225 feet cast of where Windsor Drive intersects the center line of Bell Avenue, Both directions of Bell Avenue from its intersection with Driftwood Trail to r► o intersection of Windsor Drive and Bell Avenue. 2. Calhoun Middle School Both directions of Congress Street from 130 feet west of where Congress Street intersects with the ee nter line of Mounts Street to 200 feet cast of where Congress Street intersects with Gte center ine of Denton Street, Both directions of Denton Street from its intersection with Congress Street to 100 feet south of where Denton St: set intersects with the center line of Pearl S%act. Both directions of Mounts Street from its intersection with Congress Street to 190 feet south of where Mounds Street intersects with the center line of Aneerson Street, 3. McMath Middle School Both directions on Londonderry Lane from the its intersection with Teasley Lane to one hundred feet east of its intersection with Sam Bass Boulevard. C. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m, until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit: 1. Ryan High School Both directions of McKinney Street beginning 500 feet west of where McKinney Street r intersects with the center line of the high school driveway to 525 feet cast of where McKinney Street intersects wiih the cet.ter line of the high school driveway. 2. Denton High School ` Both directions of Crescent Street beginning 250 feet east of where Crescent Street intersects the center line of Bryan Street to 150 feet east of where Crescent Street intersects with the 0 ' center line of Fulton Street. Both directions of Bryan Street beginning 250 feet south of where Bryan Streit intersects the center line of Crescent Street to 150 fxt north of where Bryan Street intersects the center line \ 15 \ I L~ ~ ~ 10 3z ..J x . MLXWi A 0 _ I of Linden Street, Both directions of Fulton Srrect beginning l50 feet north of where Fulton Street intersects the center line of Crescent Street to 30 feet north of where Fulton Street intersects the center line of Linden Street. D. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 9:00 a.m. and from 3:00 p.m, until 430 p,m. on school days. The location of school zones described below shall be as follows, lo-wit: 1. Liberty Christian S.aool Both directions of Bonnie Prae from 1 I10 feet north of where Bonnie Brae intersects the center line of Willowood to 11320 feet north of where Bonnie Brae intersects the center line of Willowood. C, Thai the time periods for the reducod speak for the school zones described below shall be from 7:00 a m. until 9:00 a.m, and from 2:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit; 1, Immaculate Conception Catholic School Both directions of Bolivar Street from its intersection with Second Street to its Intersection k ~ with Third Street, 1 i SECTION 11, That based upon an Engineering and Traffic Department Investigation heretofore made, as author»d by the provisions of Section 541.337 of the Transportation Code, V.C.C.A , the prima facie spend limit of twenty-five (25) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limi' is hereby fixed for vehicles traveling within the following school zones. A, That the time periods rnr the reduced speeds for the school zones described below shall be from 7:30 a in. until 8,30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school tunes described below shall be as follows, to-wit: i I. Sun Houston Elementary Both directions of Teasley Lane beginning 323 feet cast of where Teasley Lane intersects the center line of Pennsylvania Drive to 365 feet west of where Teasley Lyme intersects the center line of Lillian Miller. SECTION III, That basml upon an Engineering and Traffic Department investigation i heretofore made, as authorized by the provisions of Section $43937 of the Transportation Code, J14. v,r.('.A„ the prima facie speed limit of thirty-five (35) miles per hour for vehicles is hereby Ib 25 R 3 x l I determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 7;30 a.m. until 9:00 a.m. and from 3,00 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: 1. The Selww School Both directions of West Highway 380 from 450 feel east of where West Highway 380 intersects the center line of Marshall Drive to 1200 feet west of where West Highway 380 intersects the center line of Mesa Drive. SECTION IV. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hwidred Dollars ($200.00). SECTION V. The location of School Bus Loading Zones for the following schools shall be as follows, to-wit: 1. Borman Elementary The southernmost lane of Parvin Street beginning where Parvin Strcct intersects the east curbline of McCormi:k Street to where Parvin Street intersects the west curbline of Mercedes Road. 2. Ginnings Elementary The southernmost lane of Sun Valley Drive beginning where Sun Valley Drive intersects the cast curbline of Stuart Read to where Sun Valley [hive intersects the west curbline of Yellowstone Place. 3. McNair Ncmcnlary The westernmost lane of Montecito Drive beginning 281 feet south of where Montecito I)riae intersects the south curbline of Hickory Creek Road to 407 feet south of where Ivlontecito Drive intersects the south curbline of Hickory Cteek Road. 4. Sullivan Keller Elementary S The northernmost lane of Davis Street beginning where Davis Street intersects the west curbline of Ruddell Street to 180 feet west of where Davis Street intersects the west curbline of Ruddcll Street, 17 32X J~ 0 I ' i 1 I 11 L i 5. Strickland Middle School The southernmost lane of Windsor Drive beginning where Windsor Drive intersects the west cwbline of Bell Avenue to 900 feet west of where Windsor Drive intersects the west curbline of Bell Avenue. 6. Calhoun Middle School The westernmost lane of Denton Street from 196 feet south of where Denton Street intersects the south curbline of Congress Street to 640 feet south of where Denton Street intersects the south curbline of Congress Street. I SECTION VI. When signs are erected giving notice thereof, it shall be unlawful for any rf person to operate or park a motor vehicle other than a school bus in a herein described School Bus Loading Zone. An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a tine not to exceed Two Hundred Dollars ($200.00). SECTION VII, That this ordinance shall be cumulative of a!I other ordinances of the City of Denton defining school zones and school bus loading zones and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance, SECTION VIII. That if in any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance 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 such invalidity. SECTION iX. That this ordinance shall become effective fourteen (14) days from the dale 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 Den1cr4 I r. Texas, within ten (10) days of the date of its passage. • PASSED AND APPROVED this the _ day of _ 1998 , + JACK MILLER, MAYOR ; I ~F 10 r RAT o I ATTEST: JENNIFER WALTERS. CITY SECRETARY ' i BY: AFPROVED AS Y") LEGAL FORM: HERBERT L, PROU'LY, CITY ATTORNEY BY: F,%4hAmd4q l.GUOm Duc MVOrdir gl %"SchDOIZOMC CRD duc i + , }4 A 1 ~ y l 1 ~ 1 I ~ L 1 •P ~ j( 1 1 ' lit. 1 • ~1~. 1 I 1' a J ~ a , f AF 19 1 10 lo 32X r^ . Apnndandakot_ 90 .0 _ Age ic Dale. ' AGENDA INFORMATION SHEET AGENDA DATE-. June 16, 1998 1 DEPARTMENT: Utilities Administration ACM: Howard Martin, Assistant City Manager/Utilities SUBJECT AN ORDINANCE AUTHORIZING THF. MAYOR TO EXECUTE AMENDMENT V NUMBER FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEFRING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING TO PHASE IV AND PHASE V 7 HEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, BACKGROUND 'Ihe original contract with IIDR teas approved by City Council on June 15, 1993, This contract has been arnmded several times since then. The construction phase services portion of the contract was approved by City Council on April 1, 1997. The fee for this service was based on I IDR estimate on how long it would take our contractor to complete construction of the new landfill, Since that time, the have split the construction of the landfill into two contracts and our second contractor has scheduled more time to complete the construction of the liner than was anticipated The liner construction phase of the construction requires constant inspection in accordance with TNRCC regulations. In addition. IIDR's subcontractor has increased the number of tests associated with the liner material, Since the permit was issued, the City of Denton has had to modify our permit several • totes, IIDR has performed this service for the City for some of these. There is one ' major modification Icfl to submit to the TNRCC. Thls Is for the height modification in accordance with our sottlcmcnt with the residents. It is not known at this time how much work will be required to prepare This modification, ES774 A'hF:h Y'lIE[1hhE OF 11RUJEC`i • O • 'the landfill is expected to he completed by July, , I 1 y i 1 r ' 0 t N PRIOR ACTION/REVIEW(CounclE Boards Commisslonsl The Public Utilities Board was briefed at their May 18, 1998 meeting. FISCAL INFOMIATION The present value of the HDR contract is $983,546. HDR has requested an additional $78,000. This is based on an Increase in inspection time for the liner construction, longer construction period and the modifications, The contractor's scheduled time to complete the liner is 456 hours. This is an increase from the estimated 300 hours, Most of this additional time will be overtime (additional cost $53,OOC). The construction period sen•ices were based on only six weeks of construction, The combined construction time of the two projects is twenty-five weeks (additional cost $20,900). The permit modifications are the remaining amount, Exhibit I outlines HDR justification for the it amendment. In Exhibit II, HDR outlines three additional modifications that need to be completed. They propose to use some of the money that was allocated for the public hearing portion of the contract that was not used. In addition, Staff is proposing to rsllccate approximately $10,000 of this remainirg money to pay for the height modification. Tire remaining $25,000 will be used to reduce the amount of the contract amendment. This reduces the contract amendment from $78,000 to $53,000. The amendment will be paid from the surplus bond funds that were budgeted for the landfill construction ($1.2 million), ' Respectfully submitted: (Jerald 11. Cosgrove, RE, Engineering Administrator Flxhibit i; []DR Letter dated April 22, 1998 --Projected fees associated with the landfll Constriction + IF HDR Letter dated April 22, 1998 - Projected fees associated with the t Y . f hearing. modeling and permit modifications. ) I i i t r h`~ I I y, I " ,~,+.5 2 10 . 32 1 0 0 o PPR-24-199e 15 24 HOP ENGINEERING INC. 972 960 4471 P. 03/06 i April 22, 1996 Mr, Charles Watkins Director of Solid Waste 901-A Texas Street Denton, Texas 76201 Subject: Projected fees associated with Phase IV of landfill construction ` Dear Mr. Watkins; This letter Is a status report addressing all of our fees and activities associated with the deslgn and construction of the landfill expansion, Including anticipated future fees to complete the project. As you know, our contract Included four activities. They are listed below, with the original authorized fee amounts for each. In addition, we have been authorized under P.O. No. 40978RR an additional $17,000 for additional services associated with breaking the project Into two blds and accomplishing the designs on a fast-track basis. The current amended authorized fee is presented below. as well, e Plans and Specifications $61,740 a Bid Administration $13,830 a Construction Phase (HDR) $19,830 e Construction Phase (SIER) $110,000 e Additional Plans & Specs Authorized 117.000 Total Fee Authorized to Data $222,400 The original contract included a Scope of Services that specified the following three assumptions for purposes of calculating foe, Each Is followed by a discusalon of revised project assumptions. 1. The Construction Phase lea for HDR to conduct periodic observation throughout the entire construction period was based on the assumption of a six•wbk period, with one visit per week. It was also assumed that the A construction would be accomplished under one bid rather than two, and that cell construction would fake place concurrently with other construction on the site. We have recently received a construction schedule from the contractor. It reflects a schedule encompassing a total of 25 weeks of construction beginning with the construction of the slurry welt and dewatering system, and ending on June 30, 1999 with completion of the cell and other on-eke facilities. As we have informed Mr. Martin In previous project status reports, the six-week construction period covered under the original Scope of Services ended February 20, 1998. Holt anern••,rne, Inc. suns 121 To"hwo IM Mar" Road lrra eeP1o00 Oanu, Swa ~e~e lTOreraeawned t'61?3o•t Je 1r1a IO0I411 E%HIRIT I 32 x 44 I VON" 0 APR-24-1998 15124 HDR ENGINEERING INC. 972 960 4471 P.04i06 f Mr. Charles Watkins April 22,1998 Page 2 i With the City's concurrence, we have continued to provide on-sits observation and assistance to Mike Leavitt throughout the entire construction period. 2. In the Construction Phase services for the SLER observation and testing, it was assumed that all construction would take place five days per week, ten hours per day, Randall Blake, the contractor, has Informed us that this phase of construction will take place six days per week, from sunup to sundtiwn. Therefore, we have assumed a twelve-hour workday for our services, This necessitates overtime charges for hours In excess of 40 per weak for full-time liner observation and testing services. 3. Also for SLER construction services, It was assumed that the liner installation portion of the construction, requiring full-time on-site observation, would take place over six weeks, or 30 working days for construction of the liner. The schedule submitted by the contractor reflects a liner construction period of six weeks, Based on the schedule provided by the contractor, we have assumed 38 working days for construction of the liner, In addition, at the City's request, we prepared and submitted to TNRCC permit modifications which have been approved for redesigni,tg the permanent detention pond In the northeast comer of the site, and replacing the temporary Interim detention pond adjacent to Phase t +vith a ditch and berm directing siomnwater to the existing stock tank. The following Is a breakdown of the vadous portions of the work, Indicating the original authorized foe and any addMonal authorization required to accommodate the vaadances between the original assumptions and more current project assumptions regarding construction, Additional fee is also provided to cover the effort already expended on the modifications. Plana and Soaeiflodbona Original Pee $81,740 Additional Previously Authorized $17,000 Current Authorized $78,740 • ii ~ O • Did AdminlsPatlon Original Fee $13,830 4 - - ~f 32XIO :,revrs ' O I i ' APR-24-1°9F 15:24 HDR ENGINEERING INC. 972 960 4471 P.05/06 Mr. Charles Watkins Apri122. 1998 Page 3 Construction Phase (UDR) Original Fee for 6 weeks $19,830 Requested Additional Authorized $20,900 (lump sum of $1,100 per week of construction, estimated at 19 weeks through 6.30.98,) Total Fee Requested $40,730 Qnstruotion (SLER) Original Fee (for 30 days construction, $110,000 10 hours per day) Requested Additional Authorized $53500 (for 38 days construction, 12-hr per day) Total Fee Requested $163,500 etrmlt Modifications foonds) Original Fee $0 Requested Additional Authorized $3030 TOTAL PROJECT SUMMARY Total Original Fee Authorized $205,400 Previous Additional Fee Authorized $17,000 Requested Additional Foe Authorized $77,430 Requested Total Fee $299,630 Invoiced to Date $140,081,14 • The majority of the additional fee requested for Construction (SLIER) Is associated with subcontractor expense for additional construction days and longer working hours per day. Because of the number of hours per week that I' liner construction Is projected to tak9 place, as well as the Ioqulrement to maintain full-time on-sile observation during all liner construction activities, overtime costs are significant. Whereas our pip rlous estimated fee was based on 300 hours of construction activity for the liner, th,e current schedule indicates 488 hours, All of the additional hours are overtime hours, At the request of our 0 • sub-consultant, S1anTech Englnering, Inc., we have also slightly Increased the number of tests associated with borrow soil Investigation duo to the Importance J 32X ` , i' i • , tic J slow" 0 IMYN/ . 7 APR-24-1998 1525 HDR ENGINEERING INC. 972 960 4471 P. 06/06 t f Mr, Charles Watkins April 22, 1998 Page 4 of proper mixing of the heterogeneous soils on-she to achieve the desired test results during construction. ` We undersuind the need to be conservative for purposes of budgeting. The additional tee requested, based on the calculations above, Is based on strict adherence v) be most recent construction schedule as provided by the contractor. 4 copy Is provided for your reference. Due to the uncertalnties Inherent In th's schedule, we suggest that a contingency of 10% of the Construction (SLER) fee be Included In your budget, or $18,350. This contingency will not be used unless the construction schedule is modified. 7; ! However, It could be authorized now to eliminats the need to request from the Public Utility Board (PUB) and City Council additional funds In the future to cover i. scheduling delays, i ` I am available to discuss any aspect of our fees and the status of the project at 3l your request. I am also available to discuss the project with your PUB it you feel this would be helpful. We are anxious to resolve these budgetary issues early in the Phase 2 construction process as, I am sure, are you. Sincerely, HDR Engineering, Inc, Rise W. Fisher, PIE. Project Managor i. a A I:, 6 r TOt'Pl. P.06 , o RPR-24-199' 15 23 HDR ENGINEERING INC. 972 960 4471 P.01,1 April22, 1998 Mr. Charles Watkins • Director of Solid Waste ' 901-A Texas Street Denton, Texas 76201 Subject. Projected fees associated with landfill permitting hearing, cost modeling, and additional permit modifications Dear Mr. Watkins: This letter presents an outline of the status of the landfill permit hearing project. As you know, the initial part of the project was devoted to preparation for a contested public hearing associated with the fandfiil axpanslon amendment, Some of the remalning funds In the budget were devoted to development of a landfill cost model and for developing cost estimalee and other regulatory documents associated with compCancs with TNRCC's financial assurance requirements. There is still part of the authorized fee unused, and we propose to use some of these funds for preparation of three more landfill permit modifications packages. They are listed below along with anticipated fees for their preparation, submittal to you for review, end submittal to the TNRCC, e Permit Modification associated with alteration of the existing Citizen's Drop-off Facility, to address compatibility with :"e proposed stormwater ditch $3.000 e Permit Modification associated with relocat ng a groundwater monilor'ng well $1,000 e Permit Modifications associated with the substitution of goo-composite drainage material for a granular drainage blanket on the bottom of the Phase I cell $500 FF,111 SUMMARY Original authorized fee $82,600,00 Fee previously devoted to hearing preparation $30,209.13 Fee previously devoted to Financial Assurance and cost estimates $2,594.64 Fee previously devoted to cost modeling $9,000.00 • Fee currently remalning $40,798.33 p • Requesled additional authohiod fee for 3 modifications $4,300.00 Rook Inelnewine, Inc. state 125 Ar~DAOM If= HIliefut head ON $11104000 Oak", taa Fu e nPwr..oenee 1i27at011 7 Vol OW4171 t:XHIBi2' II ~fi, 10 32 X d . PPR-24-1998 1524 NDR ENGINEERING INC. 972 960 4471 P.02/06 , i. Mr. Charles Watkins ApA 22,1998 Page 2 Work on the three remaining modifications Is currently underway per Instructions by you and Howard Martin. We will Invoice for senrlcss associated with these taake with reference on the Invoice to the hearing project, as we have done in the past. Sincerely, ' HDR Engineering, Inc. Risa W. Fisher Project Manager I r i I I `SIR 2S 32X , s IOWA" ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PRO-i ESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING TO PHASE IV AND PHASE V THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: III ' " SECTION l: That the Mayor is authorized to execute Amendment Number Five to the Agreement between the City of Denton and HDR Engineering, Inc. for further professional engineering services for the City of Denton Sanitary Landfill development and expansion, as provided for in said Agreement, relating to Phase W and Phase V thereof, a copy of which Amended Agreement Number Five is attached hereto and made a part hereof. SECTION Li: That the expendnore of additional funds in an amount not to exceed Fifty Three Thousand Dollars ($53,000,00) is hereby authorized as provided for in the said Amendment Number Five to the Agreemes'. SECTION L That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the J day of Im. JACK MILLER, MAYOR ; ATTEST: JENNIFER WALTERS, ('ITY SECRETARY • € l BY; - ! APPROVED AS TO LEGAL FORM: > HERBERT L. PROUTY, CITY ATTORNEY BY: JtA J - d 1 S 5 r [fixvmt na'Ord m~ncei'9fr.lfl rx AmenQ S C ' ' 9 f IL : o , AMENDMENT NUMBER FIVE TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC. DATED JUNE 15,1993 WHEREAS, on June 15, 1993, the City of Denton, Texas ("City') and HDR Engineering, inc. ("HDR") entered into an Agreement for Professional Engineering Services respecting the City of Denton Sanitary Landfill initial site development ("Project') which was amended by Amendment No. 1 dated March 18, 1994; which was further amended by Amendment No. 2, dated May 16, 1995; which was further amended by Amendment No. 3, dated February 22, 1996; and which was further amended by Amendment No. 4, dated April 18, 1997 wherein the Agreement for Professional Engineering Services hr the sanitary landfill initial site development, as amended by Amendments No. 1, 2, 3 and 4, are hereinafter collectively referred to as the "Agreement"; and WHEREAS, Sections 1 and 2 of the Agreement dated June 15, 1993 provide that Place 1V of the Project is to be completed as additional services incident to the Agreement, when requested and authorized by the City; and Section 5.2.2 thereof provides that the compensation to HDR respecting its services performed under Phase IV of the Project is to be determined and be mutually agreed upon by the parties at a later date; and WHEREAS, the City and HDR provided in Amendment No. 3 of the Agreement for the definition of the Scope of Scr.ices for Phase IV, and designated fees for pro; sional ' engineering services for Phase IV in the amount not to exceed $205,400.00. Thereafter, pursuant to Purchase Order No, 40978RR, the City authorized the expenditure of an additional $17,000,00 in payment of additional professional services associated with breaking the Project into two bids and accomplishing the designs on a fast-track basis; and WHEREAS, the City and HDR have proceeded with implementation of Phase IV of the City of Denton Sanitary Landfill site development and expansion, and the Texas Natural Resource Conservation Commission ('"FNRCC") has approved the City's landfill permit; and WHEREAS, the City and HDR have determined that it is necessary and appropriate for ® HDR to perform additional engineering services for the City relating to Phase 1V of the Project regarding an additional nineteen (19) weck period of on-site construction observation and liner inspection and testing, to be performed by HDR during construction and installation of the landfill liner, in order to comply with TNRCC th;rd-party review requirements, for the period of time after the six (6) week construction period provided by the original scope of services ended on February 20, 1998; and WHEREAS, the City and HDR have determined that it is necessary end appropriate for 0 t IIDR and its subcontractor to perform additional services in connection with the landfill during 7htf' the time that liner construction is to take place, and to maintain full-time on•site observers during all liner construction activities, which subcontracting expense is attributable to the additional construction days and longer working hours per work day, necessitating the incurring of 10 32 X 0 u i i i J I i overtime charges on the Project. HDR has proposed, and the City believes that an additional fee not tc exceed $53,500.00, including expenses, is a reasonable fee, for such professional M engineering services, considering all relevai,l factors; and WHEREAS, the City and HDR have determined that it is necessary and appropriate for HDR to perform additional services to the City relating to Phase V of the Project regarding the preparation of three additional landfill permit modification packages. HDR has proposed, and the City believes that an additional fee of not to exceed $4,500.00, including expenses, is a reasonable fee, for such additional professional engineering expenses, considering the relevant factory; and WHEREAS, the City and HDR have determined that additional services to be provided to the City respecting the landfill expansion Project, as set forth in the preceding paragraphs hereinabove, total S78,000,00; and the City and HDR have further determined that $25,000.00 of the contractual amount previously provided for, and set forth in Amendment Number Four to the Agreement respecting sen^ices relating to the administrative hearing before TNRCC respecting the City's landfill expanrion permit, is unspent and shall be re-allocated and spent for the professional engineering services provided for in this Amendment Number Five to the Agreement, thus reducing the total amount of additional professional fees to be approved by the City Council respecting this Amendment Number Five to the Agreement to the amount of $53,000.00; and WHEREAS, the City and HDR, pursuant to the provisions of 7.12 of the Agreement, providing f-.r changes and modifications, desire to amend their Agreement to provide for the completion of Phase IV of the Project, as well as to provide for an Agreement for HDR to perform additional professional engineering services relating to the preparation of three additional landfill permit modifications packages under Phase V of the Project; NOW, THEREFORE, WITNESSETH Pursuant to Section 7,12 (Changes and Modifications) of the Agreement, the City and HDR do hereby AGREE as follows; ~ 1. The Scope Of Services for Phase IV of the Project is hereby amended to add the following additional professional engineering services: A. The Construction Phase fee for HDR to conduct periodic observations and inspections throughout the entire construction period at the site was based upon the assumption of a six (6) 0 • week construction period, with one (1) visit to the site per week. The fee previously set forth in the Agreement was based upon the assumption that the construction of the Project would be accomplished under one bid rather than under two bids, and that cell construction would take c place concurrently with other construction at the site. {1 . t. 2.5 32X `0 e Q i As the construction schedule, as presently bid, currently encompasses a twenty-five (25) week period, beginning with the construction or the slurry wall and dewatering system, which ends on June 30,108, with the completion of the cell and other on-site facilities, rather than the original projected six (6) week construction period; the City and HDR agree that additional professional engineering services are necessary for HDR to properly inspect and periodically observe the construction of the liner during the longer construction period. The additional fee to be paid by the City to HDR for the additional nineteen (19) weeks of construction services under Phase IV of the Project for the necessary observation and testing required, shall be in the amount of $1,100,00 per week, and shall not exceed the sum of $20,900,00. t B. That the construction phase fee respecting HDR's subcontractor expense was initially estimated at 51 10,000.00, which contemplated and provided for a thirty (30) day construction period consisting of ten (10) hour days. As construction on the Project has progremod at the site, r the City and HDR have determined that it is necessary that the length of the construction period be expanded to a thirty-eight (38) day construction period, consisting of twelve (12) hour work days, in order to properly and timely complete the work. The City and HDR agree that additional subcontractor expense attributable to the longer construction period and the longer workdays needed to complete the Project are necessary. The additional foe to br paid by the City to HDR for services attributable to the extended thirty-eight (3H) day construction period, with twelve (12) hoar work days, shall not exceed the sum of $53,500.00. 11, The Scope of Services cf Phase V of the Project ("Other Permits') hereby provides that: A. HDR shall prepare three additional landfill permit modification packages as follows: (1) Permit modification associated with alteration of the existing Citizen's Dmp-Off Facility, to address compatibility with the proposed storm water ditch; I. (2) Permit modification associated with relocating a groundwater monitonr:, well; (3) Permit modifications associated with the substitution of goo-composite drainage material for a granular drainage blanket on the bottom of the Phase I cell. • H. T} a City shall pay to HDR an additional fcc of not to exceed $3,000.00 for the permit ma'ificat on described in paragraph ILA (1) hereinabovc; C. The City shall pay to HDR an additional fee of not to exccod $1,000.00 for the permit modification described in paragraph 11 A.(2) hcreinabove; • D. The Ci'y shall pay to HDR an additional fee of not to exceed $500.00 for the permit 0 • modification described in paragraph 11,A.(3) hereinabove. 12 ; "x , 10 32 x O r' 0 i i EIL The City and HDR agree that $25,000.00 of the unspent contractual amounts as provided for and set forth in paragraph 5 of Amendment Number Four to the Agreement relating to the administrative proceedings before TNRCC respecting the City's landfill expansion permit, shall instead be allocated to pay for the professional services provided for in this Amendment Number s Five to the Agreement. IV. 1 w The total estimated additional professional fees for services to be provided by HDR to the City under Phase IV and Phase V of the Project, pursuant to this Amended Agreement Number G; Five, are in the aggregate, an amount not to exceed $53,000.00. r t V. In all other respects, the terms and conditions of the Agreement, as executed by the City and HDR on June 15, 1993, and as amended by Amendments Number One, Two, Three and Four thereto, shall remain in full force and effect IN WITNESS WHEREOF, the City of Demun, Texas has executed this Agreement by and through its duly authorized and empowered Mayor; HDR has executed this Agreement by and through its duly authorized and empowered officer. EXECUTED in quadruplicate original counterparts this the _ by of 199g. r r CITY OF DENfON, TEXAS BY: t JACK MILLER, MAYOR ; ATTEST: f JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_ L ~y I 13 , a ~ 25 x l u 32 x ~ ❑ . i O I 1 HDR ENGINEERING, INC. BY: l~~C. WILLIAM R. HINDMAN, P.E. Senior Vice President ATTEST: BY 1, ITS: / i F:bhucQ~deaNALlga ~^*n~`~~N~9SJiDR MmEneil lda E r i kk 14 ; " 1❑ 32XIO ~ 7 e.,r',r• 7r~ +c A t • MOT" t t n. aY v': MBE',:.rL."?SMt+;XJ'~.tM,rn..'.'~:^FClx~Y't/14nbL WwHWrr.Wtfnor u-rwn.v....~r....: ~ ~ • Agenda No _ .O r Agenda Item Da'e AGENDA INFORMATION SHEET 4!; ;x AGENDA DATE: June 16,1998 Questions toncemin- this item may be directed 'M DEPARTMENT: Engineering and Transpe-lation to David Salmon at 349-8358 DCM: Rick Svehla, Deputy City Manager SUBJECT A resolution approving a Right of Way Use Agreement between the City of DMiton, Texas and The Hills of Argyle Monticello, LTD., and declaring an effective date. BACKGROUND The developer of The Hills of Argyle Subdivision proposes to install privately maintained landscape fe-4ures in the public right of way. Features include fencing, gates, decorative lighting, live plantings, irrigation systems, signage, and a stone pavilion. In order to do so, a Right of Way Use Agreement must be executed. ESTIMATED SCHEDULE OF PROJECT The developer proposes to proceed with installation of the Iandscar:ng features as soon as possible t PRIOR ACTIONIREVIEW (Council Boards Commissions The Planning and Zoning Commission recommended at their 5127198 meeting that a Right of way use agreement be executed however should be limited to live plantings and irrigation systems. The proposed improvements should also be limited to the two entrance areas and to two median islands on Argyle Lane, USCAL INFORMATION Approval of this item will have no immediate fiscal impact on the i City of Denton. If landscaping features as proposed by the developer are installed, there is a possibility that street and utility maintenance costs could be increased. j i J I~ . ( F { 1 1, ' 4i y. )fry ~ ' ~ 4' .32 X SAM 1lIRitl011 - , ~ ` 0 i 4 1 "iew YUfU~&:v.r rirAar~n+mr. u.r~.no~w+.rw.. =..d d Y. k MAE Attsebed 3i Respectfully submitted: Je Cl k Dir, r of Eng neenng and Transportation edb f: David Salmon Engineering Administrator 2 r 32X 10 • p .VQWOn 1 _ l ~I i Memo To: Planning and Zoning Commission From: David Salmon, Engineering Administrator o Date: 0"0/98 u Re: Right-of-Way Use Agreement for Hills of Argyle Subdivision Richard Meyers, President of Hills of Argyle Monticello Ltd, has applied for permission to place privately maintained improvements inside the public right-of-way in the Hills of Argyle Subdivision. In order to do so, a City of Denton Right-of-Way Use Agreement must be executed. The Planning and Zoning Commission and City Council must approve the agreement before the City Manager may execute the agreement The applicant is proposing to install landscaping features at the two entrances to the subdivision and in several median islands throughout the subdivisiolL Specifically, at the entrance on Highway 377, the applicant proposes several trees, signage, decorative lighting, and an irrigation system. At the entrance on Brush Creek Road, several trees, decorative lighting, an irrigation system, a pavilion, and gates are proposed. There are three median islands proposed with several trees, irrigation systems and decorative lighting. Staff has no opposition to privately maintained plantings or inigation systems in the right-of- way at the subject locations. Stalf does have a concern with the installation of private signage, pavilions, gates and lighting fixtures in the right-of-way. The objection is two fold. If the City of Denton were eventually left with maintenance of these facilities, items such as signage, building structures and decorative lighting fixtures would require maintenance far beyond the normal fight-of-way maintenance. The City of Denton is accustomed to maintaining plantings and irrigation in right•rf ways. Items such as stone sign posts, pavilions and gates am • additional obstacles subject to collision damage and are not items that drivers expect to encounter on a public roadway. If the applicant wishes to construct items such as signage, pavilions, fences, etc, there is ample room at each entrance to provide privately maintained common areas outside of the rightof- way, i • Pape i 3 32x ~ •ti % r r I , I 1 ' r ~ t • 'L . 1 Planning and Zoning Commission Right-of-Way Use Agovement for Hills of Argyle Subdivision r r' Recommended Motion- I move that we recommend to the City Council that the applicant be able to install privately rusintair►ed landscape features in the public right-of-way at the Hills of Ara1e Subdivision limited to live plants and associated underground irrigation systems. C' t r i I ! • i f i k + II I • Papa 2 4 L t r' I I ~ ~hrrr~ 25!, 32X i 1 ri~~c►me, N ~p■ G"`., 4 wwww r'~1 i, i rJ.rw 1~ w • a a, a . , 'w The Hills of Argyle tx• e r •~a PWI 019 LOST 14-47. 11= 1 YID LAM 11-40. BLOa • I` r. M w M 4 MACM 14, PON, 09 91.110 ACM DI BE L ffrMQ11BV}BM 1-11" j~ ' • rr A 7i u PWAL PUT 1 w / 3 94 The His ?A Argyle n LO71 1-10, BLOCK YID IA7 07 1 41. 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ON VAL OWv , 01 f ' giV7 dMS.~ r~ lD~R t D~ in POO wfw P:. d ads a n+i> 3drkn' s Mo~Nd ~P~ l,'i, In"1 ' t IV of 4 ~ ~ .a s' ,~~~5*a, tot ~ • j..' 3y„r~{~,,,; 4J, 4: ~ ~ ~ 71 P. fit' ~ 1~ K.. by ' ~ ' •'r Wf 1. -r"ir"" t 4.7 16 31XIEl ~~Mja ERA ~+m 11"~ waif ~ ~sYer it bc. ~ ! ` c'i1praas~ sn P5bto tic 7iw' 4 w tfa ►~~r~#oc e Lewwk 4 ' ` widlk 4+d • l it, y5 u h f; Wt, to I r ~4~tot.~ ii~+~feawly {D KWp,~ 11 Irv c loll tip Two , , 1 ID 'f ~'~:'P1T:.ti r , ~~/~,F'~'\~,;\ 1 I~~it / rk: •.nc~%~,.~, 75 K I D 3k x - a r aauma Q mom 1 16 • ' III I AN A -M44 4. As r I. An sm •'~i{do'rb GBQ Mi~1 ~ t"' T • . t I►~c oa~• 3vess ~*{ilr`~sy+7~+1+~' ~t'JMA ~ I~eatfal .1 ~ 1 t(~r r j pro Nwf. r~rti Id 1 ky~Lf.ItJI{k o..r~' aoo s~+1RwQ~) +4/ ~Y a 1yy$S -top" lw-T firm 4> 32 x ~ ~ • o 0 ..2014 A* EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION May 21, The regular meeting of the Planning and Zoning Commission of the City or Denton, Texas was held on Wednesday, May 27,1998, at 5:30 p.m., In the City Council Chambers al City Hall, 215 East McKinney, Denton, Texas. Present, Bch Powvell, Carol Ann Gartzer, ;usan Apple, Rudy Moreno and Jim Engelbrecht Absent: Ellen Hoover-Schertz, Elizabeth Gourdie Present from Staff: Eddie Mamn, Assistant City Attorney; Mark Oonaldscn, Assistant Director of Planning; David Salmon, Engineering Administrator The meeting was called to order at 5'30 y.m. ITEMS FOR INDNIOUAL CONSIDERATION 17, Consider making a recommendation to City Council concerning the rightof•way use agreement for Hills of Argyle Subdivl Mon. Commissioner PowafL Item 17-this one I think I$ not a public hearing, Mr. Salmon. Mr. David Salmon prevented the staff report. Mr. Salmon: Chairman and Members of the Commission, Richard Meyers, who Is the President of Hills of Argyle Monlecilo Limited and is the developer or Hills of Argyle subdivision, has applied for permission to place privately maintained landscape features in the public right-of-ways at the Hills of Argyle subdivision. I have highlighted specific areas on a copy of the plat showing where the applicant wishes to place such facitll es Then I have some blown-up details for each section. As proposed, the appiicerl wishes to Install some andscaps features at both of the entrances One Is on Highway 377, and Ii other entra, ce Is down on Brush Creek Road. Then there are two Islands, rn+;dlan-typo of Islands, midway throuth the subd;vision where some Improvements are anticipated also. Specifically at Ne north enlranca, of the entrance at HlVhway 377, the applicant Is proposing several trees, shrubs and ground cover, Irrigal'on system, of rtiurse, to keep those things watered, and a project entry sign, which will be made out of a combination of masonry and wood materials, At the south entrance, or entrance of Brush Creek Road, the applicant Is proposing several trees and then other live plantings and irrigation system. I guess more noteworthy is another entrance sign that would be made out of a combination of masonry and wood materials end which would also be lighted, a ten-by-ten stone r,r masonry pavilion In the median, and some decorative lighting fixtures alongside the road and in the medians. I gives you a little bit of detail of what the proposed pavilion In the right-of-way would look like. It Iv proposed to be In the median One of the, I guess, the things that sort of perked us, staffs, Interest the most is that it appears that they want-of at least someone has drawn-a gate across the roadway, which, I guess, is sort of news to us untl we gel this drawing. So, that Is going to be a particular Issue far us. Thin, the two small median Islands that I mentioned earlier are mainly going to be shrubbery and trees with some decorative lighting fixtures. Basically, staff has ao opposition to them waning to put live plantings and S Irrigation systems in the medians and alongslde the road. I guess we are having a little bit more difficulty with the items such as brick signage the pavilion, the possible gate, the fences, and the decorative lighting fixtures. Although our standard right-of-way agreement does hold the City harmless for anylhirg that might happen as a resull of these facilities, It also gives us the power to remove them R we need to. We just feel that those are the types of facilities that people do not expect to encounter In the right-or-way. Number two, If the Horne Owner Association does go bust of for some reason dissolves, those are going to be items that are going to be In the right- of-way that the City will be expected to maintain, 6111 r to the situation that we have had with Township II. Of course, 20 years from now when the City, In Its Capital Improvements Program, Is replacing utility lines In the right- . of-way and we have to remove acme of these facilities, R Is going to be a little bit difficult to explain to homeowners at that 4ime that; wall we have this right-of-way use agreement and this beautiful landscaping and pavilion and etc., etc, that you have beer used to driving past for several years Is going to simply be removed because the City has to put In ntw water line. We do not Intend on replacing it I think that politically, B that happens 15 of 20 years from now, you will see the City probably either trying to bore under some of these Wings finding to preserve them or simply having to pay money to put them back. So, I guess to just pit R in a not shell, staff would recommend Writ a rlghl-of- way use agreement be execu!ed to allow for krigal'ein and plantings but would not include structural Improvem", 10 1i 32X e 011111111140 0 ra!10" i Planning and Zoning Commission Minutes May 27, 1998 Page 2of5 i such as the pavilion or the signage or the decorative lighting or fences or gates. I would be glad to answer any questions that you might have. As you can see, the applicant Isn't here this evening. They were aware that thin was on the agenda this evening; and I do not think that they were here earlier either, although it might have got too late for them; I do not know. Commissioner Powell: Any questions at this time? Yes, ma am. I Ms. Ganzer. These streets go-are just for this subdivision, are they not. David, even ttw igh they are publk streets; they just lead Into and out of this subdivision? Mr. Salmon: Right: they are all streets that basically serve the subdivision. The main street runs all the way from Highway 317 and kind of winds around and exits out on Srush Creek Road ,As. Gamer. So, they are wanting to possibly put up these little pavilions and gates to limit access Into this subdivision? Mr. Salmon; Well, I do not understand, I guess. They are proposing the pavilion and the gates at the south entrance, but the north entrance only has the signage, and I do not believe that it has a pavilion proposed, Ms. Gamer: And H does not have the building or the gales at ell a: the..? Mr. Salmon: No; I think.... Ms. Ganzer; Whore Is the main entrance Mr. Salmon: Okay, well..,. Ms. Ganzer. Or are they both equalty ...7 Mr. Salmon: Well, I will tell you what-I thought that the main entrance was the entrance on Highway 377, but If appears to me that they are probably putting more into the landscaping at the south entrance, so may'.,e they think that the main entrance would be the south entrance. Ms. Apple: David, they do plan on Brush Creek being their main entrance. Mr. Samon: Okay. Ms. Ap,ile And I believe Nat the pavi, eo h to be-it Is my understanding-a limited access In not quite a gated community, but you know some sort of... Ms. Ganzer: More of an exclusive.... Ms. Apple: ...check•post type of thing Ms. Ganzer. I disagree with you saying that-well, of course, the City of Denton Is nil accustomed to such things, but I go to towns such as lewisvllfe and Flower Mound and new subdivisions going in other cities, Houston etc., a where they do have these pavilions up and they do have these signs in the roadways, and It Is part of the subdivision and part of the community and n helps people Ind the wmmimlt. And a lot of the mars exclusive nelghborhoods are going to the limited access gates now. Commissioner Powen: Are they public roads or private roads? i Ms. Ganzer: They ere going Into the subdivision, and they are pvbnc roads Commisslner Powell: Okay; just asking, because N they were private roads.,.. Ms. Ganzer: ...just like right oil Main Street. h'o; they are not private reads at all; they are actually going Into N O subdivision and poing through. I see that a iot with the newer subdivisions. Mr. Salmon: Well, I guess one of the Issues Is-fir ' the gate is probably a whole different Issue by ttseM. In the past, our legal department has told us that you cent put a gala across s public street, because d n is maintained with i 11 )"10 .32 X I s r r ax+~ss , Planning and Zoning Commission Minutes May 27, 1998 Page 3 of 5 public money, yo -j have to allow the general public In and out of the subdivision. So in the past, gated communiges, In Denton at least, have always had private streets, because the thought Is it you are going to restrict access to the public, then the public should not be paying to maintain them. Ms, Ganzer; Right: okay, Mr. Salmon: The other Issue with the gate, of course, Is the emergency access and the fire access. Ms. Ganzer. Right, and I understand that I am not so much about the gates as I am the slgnaga and the thugs like that that are in the real wide, boulevard-type streets going Into subdivisions; and you go in, and you have the brloks as you go Into the subdivision and the real nice signs in front with the lights end everything showing where the subdivision Is. I am Boeing that more and more In the newer communities and the subdivisions that are coming on In some of the other commuriitles. Mr. Salmon: A lot of 14e Improvements that are being Installed-both entrances have relatively good size oommon areas on each s4a of the right-of-way. Of course, they are Installin"rid I have not really highlighted those because those are not what we are talking about this evening-but you can see they are proposing quite a bit of landscaping outside of the right-of-ways as well. And I discussed that stalls point Is that H they have all of this common area on each side, they have plenty of room to do special structures or landscape features that would be outside of public right-of-way. 1 Ms. Ganzer. But they could put in-and you are agreeing with this--like medians with landscaping and things Uke that? Mr. Salmon: The City currently does allow..., Ms, Ganzer. That is what you are...? Mr. Salmon; Right. Now, in this case, the City would not prefer to maintain the medians. The Cry does maintain medians on araft streets. Of course, we require that they be landscaped and Irrigated when developers put them in when H Is an arterial street. But In this case, our Perks and Recreation Department would not be particularly Interested In maintaining these medians, because ft Is for just one residential neighborhood. But because we are used to maintaining those types of things, d we ever had to, it would not be particularly difficult for us to do so, i Ms. Ganzer: Okay; I agree with you then on the gates since H is a public street and then the pavilions would go along with the gates then? Ms. Apple: I do not think that it Is going to be gated; I think It Is going lu be just like a check point where you soft of drive through and maybe get Information or.... Ms. Ganzer: But even then, H H is a public street I Ms, Apple: I cannot say for sure, but I do not think that that Is Ihetr Intont. A Mr. Salmon: I have a copy or this In your backup, but the plans tome Indicate a swinging gate, Ms. Apple: Oh, really? Mr. Salmon: So, I did not realize that, Ms. Ganzer; So, H would have like a button or something where they could open it and close or something? Mr. Salmon: It says 'Iron gate, six Inch posts to be appmved.' Ms, Apple: On, H sure does. Q yr Mr. Salmon: It does not really say what kind of mechanism. It looks lo me like some sort of owinging gala, Me. Apple: Md then they are Just leaving the entrance to 377 open? Ma Salmon: Yes. That Is what H appears to be to me. TMs entrance on 377 just shows wine sfgnage and trees. 12 ,V, 2r) 10 32XIO o t f Planning and 2or ing Commission Minutes May 27, 1998 Page 4 of 5 Mr. EngelbrochL Well, I want to point out that you could put a gate up In a little house and leave the gate open. It would just have an appearance of certain security. Commissfonor Powell. And it that gate was on private property, we would not be voting on it Mr. Engelbmeht: If the pate Is setting on the side and It Is never ckaed, they cork do what they wanl wb the gate. Commissloner Powell: But we are voting because it Is on public property, Mr. Engeltrecht: Right. Gimmisabner Powell : Correct, sir? Mr. Salman: RIghU the reason we are going through this Is because those Improvements that would require private malntenr nce are going to is in a public dghtol-way. i Mr. Engelbrecht: David, could these medians and the landscapirg-would that not have been-mare properly been on the clot when It came in? Would that have not been the place to put this-any of these items that are In the public rvea9 Mr. Selmon: Well, they are doing all of this Inside of the right-of-way edge. If you will look at your plat, all of the righttf-ways are sixty root except for this on the north entrance, there Is this tulle bubble area. But for the most part, they ore doing all of this in a sixty-foot right-of-way. I guess that leads to a little bit of Our concerns that these are basically standard, sixty-foot right-of-ways, so they are not extra wide. We get Into these Issues where our rlghtof• ways sometimes are tight enough, especially later on when you have to replace utitilies, because right now this eubCJvislon wI8 not have public sc",v. It Is all going to be septic system. So, the only public utilities that are In N stre,A are electric cable, telephone, and pas; I do not think that they have gas, but-and water, later on, 9 this subdivlslun Is outfitted with public sewer lines, those sewer lines have to be a certain distance away from water lines and other types of lines, So, khan you start talking about multiple utilities and having to maintain bar ditch drainage on both sides, a slaty-fool right-of-way can start 10 gat a little bit tight. As a brand new subdivision, I do not see any pa,bcular conflict problems. But as the subdivision becomes older, 15 or 20 years from now, when we might be Irying to put some ean@ary sewers in or when we are trying to replace water lines, then I can see there being a problem--or U we are ever having to go out hers and make additional drainage Improvements. Mr. Engebrechl: So, U they had all of these other Improvements on their properly and Uie only thing was a little strip 1! cf landscaping, N we had to come In and tear out that in the public right-of-way, they would not We very much? Most of their feel would still be there-as I understand your argument is that this little median would go. i Mr. Salmon. It Is very easy to stand here right now and say this agreement Is going to keep the City from having to pay for this later when we tear A u; . i Mr. Engolbrecht: Will A actually say in the agreement that. In some point in time, we may come In and pave rlgM over this and...? Mr. Salmon: What it says, and In lact I think that I have a copy of the agreement In your back, ii hope I put A In there. I think In the agreement 4 has acme wording that says that If the City requests or requl as he owner to move It, that k does have to be movod--relocr,tad or whatever ft case may be. ' Mr. Ei gelbrechl: Okay Commissioner Powell: Any other quesUc,ns or comments at INS time? Chair will ask for a motion. i Ms Apple: Mr. Chairman? Commissloner Powell: Yes, Ms. Apple 0 L . s Ms. Apple: i nave that we recommend hr the City Council that the spplicant be able to Install privately maintained landscape features In the public fight-of-way at the Hills of Argyle subdivision, limited to live plants and eaaodated underground imigallon systems, 33 * i 2 K fa 32XIO I << 0 I ' Planning and Zoning Commission Minutes May 27, 1998 Page 5 of 5 Commissioner Powell: Is there a second to that motion? r Mr. Moreno: I will second. Commissioner Poweg: Seconded by Mr. Moreno. Are there any comments on this motion? Discussion? Mr. Engetbrechb Yes; It Is not clear to me that by this loyal-David had Indicated limited areas, that %re was some very specific areas, but the motion does not indicate that and I )ust have a que30on...9 Commissioner Powell: M would seem that N does 9 k says public right-0t-way. Mr. Engelbrecht They could kterefly put a median in all the stree% every one of them everywhere. But 1 do not think that that was the Went of their request or what we would want even. My thinking I"ater on down 111ie road they can keep planting and keep planting and keep planting. Mr. Salmon: Right now, the construction plans that they lumed In only Indicate landscaping at these four particular Wakns. Ms. Ganzer. Can we hold [hem to those plans? Mr. Salmon, I would certainly think that you could. We could tighten that up. Commissioner Powell: Could s,a get an amendment to the motion to limit this-say limilad to live plants snd associated underground Irrigation systems and also limited to the four arias indirated In tie construction drawings presented by the owner. Mr. Engelbrecht So move. Commissioner Powell: Thore Is a motlon to amend the motion. Is there a second? Ms, Apple: Second. Commisebner Powell: From Ms, ple, there's second. If there is no further d scussion, we will vote on the amendment at this time. The amendment passes 5-0. If there is no further discussion on tho mall motion, we will vote on the main motion at this lime. Mr. Martin. Was there a second? Commissioner Powell: It was seconded. Ms. Apple secarded It. Ms. Ganzer She did? Commissioner Pc jell: She seconded the amendment. We had an orginal motion Mr. Mahn: (inaudible) ; Mr. Moreno: l second the motion. Commissioner Powell: We aie voting and we have shed and k passes unanimously. We have an item 1E, I guess. Mr. Moreno: We didn't vote on the moton. Commissioner Powell: We didn't vole on Ifie motion? 1 Ms. Ganzer. No. That's still the amendment. They didn't clear 8. Commissioner Powell: I opofogae. We are now going to vote on the main motion. Allright. The marl nation le passed. (5-0) PAZ0527g&AINUTES-Er,cerptedlteml7.doc -,i 4 i 14 7.) V 1a 3zx10 Una" u I~ . ORVWIM i1C,'i -r.•1- 03 0;, 44 rM G: E LL01,R CiS $405510562 P.rJ2 f THE STATE OF TEXAS i RIGHT-OE-WAY USE AGREEMENT COUNTY OF DENTON I That the City of Denton, hereinafter referred to an "City" dons consent and agree to Perri t/ W .F Ab IAOi hereinafter referred to as "Applicant", to use a r gh -of-way edicated to City, such right-of-way being describye~db i Exhibit No. 1 attached hereto, for the purposes of e AW s upon the following conditions. I. ~ 1 That APPLICANT, his successors or assigns shall maintain and keep in sightly condition all of the right-of-way area and the improvements situated thereon= an3 that CITY shall not become responsible for such maintenance at any time in the future, II, That APPLICANT shall and does hereby agree to indemnify and hold harmless CITY from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the right-of-way or act of omission, ne- gloct or wrongdoing of APPLICANT, his officers, agents, employees, invitees or other persons, with regard to the improvements end maintenance o! such improvements= and the APPLICANT shall, at his own cost and exptnee, defend and protect CITY against any and all such claims and Jemands, III. That APPLICANT shall purchase and maintain Commercial General * Liability insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the im- proverents authoritad above with a limit of not lose than $250,000,00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000,00 for each single occurrence for injury to or destruction of property, IV. That APPLICANT shall arrange for all activities and improve- 0 menta in the right-of-way to be discontinued and/or removed, at the direction of CITY, within thirty (70) days of notification by CITi, that the City Council has directed the use of the right-of-way by the APPLICANT be discc.itinuedi and the cost associated with the discontinuing of such activities, and the removal of such improve- ments, as well as property adiseent to the right-of-wsY noices- sitated by such diucontinuation of the right-of-way use, shall be borne by the APPLICANT. 15 ?5 x 32XIO sold s • lqi-1Y-01-9El 09 : 45` A Fl ....:GREG EDWARDS.. J, )4059105_...., ~ . •••..410562 P. 03 V. That APPLICANT, his successors or assigns shall not seek coo- pensation from CITY for loss of the value of the improvelnents mail hereunder when such irprovements are required to be renoved by } APPLICANT. VI. This Agreement shall be filed of record in the Deed Records of Denton County, Texas, and shall bind all future owners of this lot and shall for all purposes be considered s covenant rti+n,tiinq with the land, IN TESTIMONY WHEREOF, APPLICANT executa■ this Right-of-Way Use Agreement on this day day of 19 f1 / CITY OF, DENTON r~Ar1 A., 1'f bYI CI I ?LI CITY MANAGER C ~Pfr~Ca~ d/, v ° -44 , ~ +weoa~tnror j 16 ~7x 32!` I I o I 0 . 'r I ~I e RESOLU1 ION NO. i A RESOLUTION APPROVING A RIGH f-OF-WAY USE AGREEMENT 1 FTWEEN TF'E CITY OF DENTON, TEXAS AND HILLS OF ARGYLE. MONTICELLO, LTD ; AND DECLARING AN EFFECTIVE DATE, TFJE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I That the City Council of the City of Denton hereby approves a Right-of- v Way Use Agreement between the City of Denton and Hills of Argyle Monticello, Ltd, substantially the same as the agreement attached hereto and incorporated by reference herein, ailw,ing the installation of privately maintained landscape features in the public right-of-way at tb: Hi'Is of Argyle Subdivision but limited to live plants and associated underground irrigation syste1111, Arid the City Marager is hereby authorized to ex&ute said Agreement on behal°of the City. SECTION II That this resolution shall b come effective immediately upon its passa, and approval PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY c , APPROVED AS TO LEGAL. FORKS ' HERBERT L PROUTY, CITY ATfOaNEY E jV- t` '!r f ` , F n % 2r,, x 0 ; 32 x 10 1 p 1 r II I -I No Apunda Ittrn ~L7 Dais AGENDA INFORMATION, SHEET r AGENDA DATE: June 16, 1998 DF.PARTl11ENT: General Government CM: Ted Benzp, Ides I, SUBJECT: Consider approval of a resolution establishing the maximum rates that Marcus Cable Associates, L.L.P. E may charge its Denton cable television subscribers for the basic sea ice tier and associated equipment; establishing a maximum hourly scn'ice charge; providing a severability clause: and providing an effective date. BACKGROUND: I FC'C' guidelines proviJe an opportunity for cable operators to adjust their rates either quarterly or annually. For the third consecutive year, Marcus Cable has elected to file rate adjustments annually'. The city is certified io regulate rates for basic cable service, associated equipment, and the hou!Iy service charge. the city received the appropriate filings (FCC Fonn 1240 for basic cable service and 1'''(' Form 1205 for equipment and the houriv' service charge) on February, 27, 199,3. Marcus' proposed rates scent into cf1ect on June 1, 1998. I lie city retained the scniccs of C'2 Consulting (Ms. Connie Cannady) to review the FCC Fonns 1240 and 12051 A public hearing, with proper notification, was held on May 26, 1998. One Denton cable television subscriber tsas prc>e,i: and spoke. Council also heard from, and asked questions of, Nis, r'anuady and local Ylarcus Manoger Karen Yurchuck. I by c its, has one year from the date of the rate filings (until February 27, 1999) to complete its review of the rat... I lie City Council'soptions arc'. ' r 1. Approve the rates as proposed by Marcus Cable and which went into er, ct June I, 1998. • 2. Fake nu official action and allow Marcus' rates to stand as implements; . l 3. Reject or modify the proposed rates and issue a rate order adopting rates different from those j coiuaiued in the FCC Forms 1240 and 1205 as submitted by Marcus, If the council selects option 41, the cable company can either: i. Acccpt the mo-lified rates and issue any overcharges to subscribers as a refund. O 1 Appeal the council's decision to the FCC. O 1 . 10 32XIO o 0 4 Marcus C'able's director of regulatory compliance and planning has indica.ed that Marcus' adjusted rates are the result of "certain external costs (i.e. programming), inflation, true-i p adjustments, and increased costs associated with delivering cable service, as allowed by the Forms !~40 and 1205," All Denton cable customers have been notified of the rate changes on or before Mai I, 1998, in accordance with FCC rules. Nis. Cannady's initial report on the FCC Form 1240 (Exhibit 2) recommended a basic cable rate of S9,42/mo., S 03/mo. less than Marcus' proposed rate Upon reeeipt of additional information from Slarcus. Nis, Cannady amended her original FCC Form 1240 report (Exhibit 3). In her amended report, she recommends a basic cable rate of S9.44/mo (a SAS/mo. decrease from Marcus' proposed rate.) Nis. Cannady's review of the FCC Form 1205 (Exhibit 4) makes the following recommendations: Addressable remote control: S .1 Kmo, Non-addressable convener, S 1.19/mo. Addressable converter: S 3.22/mo. Advanced analog convener: S 3.43/mo, hourly service charge: 526.81/mo. C'hanging'Fiers: $ 2.00'mo. Exhibit I, Denton Cable Television Elates, consists of four columns: A, B, C, and 0. Column A shows actual cable rates from the period June 1, 1997, through May 31, 1998. Column B shows the ntrtrimum permitted rates for the period June 1, 1998, through May 31, 1999, as calculated by 4farrus Cable. Column C shows the actual rates implemented by Marcus on June I, 1998, to be effective through May I, 1999. Column D shows the maximum permitted rates for the period June 1, 1998, through !xluy 31, 1999, as calculated by C2 Consulting. Council establishes the maximum permined rates (within FCC guidelines), 1he two columns detailing ' marlmum permitted rates are Column K (Marcus' calculations) and Column D (C2 Consulting's calculations) Rates shown are exclusive of the 5% franchise fee. 'action 8-136 (b) (3) states that "within 90 days after the (public) hearing, the council shall render a -,srittcn decision on the company's petition, either accepting, rejecting or modifying the petition and reciting the basis of its decision." Therefore, a resolution stating maximum permitted rates has been included as lixhibit 5 in the back-up. I he resolution contains blank spaces so that the council can insert the rases they wish to approve i'111012 A 110MR-UL E:11': 1 his item was brought be Core the council at their work session on June 9, 1998. Hie city', Cable Television Advisory Board recommends the maximum permitted rates as A recommended by C'2 Consulting by a vote of 6-0 (Stay 27, 1998). i iISCALLNE01d11AIION: the city receives 5% of gross revenues from 'lard,-. Cable as a requirement of the cable television franchise. 2 1~ 'I it ~ a'i bt'k~~i • 2 5 x, + i ■OIRIA . F LI I aoraew EXHIBITS. L 11 1. Table Denton Cable Television Rates. (Page 4): 2. C2 Consulting evaluation of FCC Form 1240 (May 8, 1998). (Pp. 5.10). 3. C'2 Consulting amended evaluation of FCC Form 1240 (May 15, 1998). (Pp. 11.12). 4. C2 Consulting evaluation of FCC Form 1205 (May 15, 1998). (Pp: 13.21). 5. Resolution establishing maximum rates. (Pp. 22.25). Respectfully submitted, i Be y Will' s Assistant to the City Manager Prepared by: tt 0 1~xC\ l-,Q,b~ n A -j f , Richard Foster 1 i Public Information Officer r i a 1 . it + t E ~ I 1 r k} } y n r IVV NO('010V Are b;,mX1691&4 n ryn 3~ X q r a : 0 0 Exhibit 1 DENTON CABLE TELEVISION RATES j ' A B C D Recommended' Maslmum Maximum Permitted Rate* Permitted Rate EabtintV (Marcus) Proposed' (C2) effecri 61119 effective 611/98 (effective 6/119A (effective 61103 Basic Rate S 9.88/mo. $9.45 S 9.451mo. $ 9.44/mo.' Aasic Remote Control S .13/mo. N/A NIA NIA Addressable Remot: Control $ .161mo. $ .18 $ .1 &/mo. S .18/mo. Non•addrtssable converter S .93/mo. $ 1.43 S 1.43/mo. S 1,19/mo. Addressable Converter S 2.57/mo. $3.80 S 3.25/mo. S 3.22/mo. Advanced Analog Comerter•• N/A $4.01 S 3.95/mo. S 3.43/mo. llourl) ServiceChar&: SI9.031hr. 527.49 S27.49/hr, S26.81/hr. Changing Tiers S2.00 $2.00 $2,00 $2.00 Cable Showcase"' S14.24/mo. $16.39 Y Column A consists of al.Ual cable rates from June I, 1997, to May 31, 1998 ➢ Column B consists of the maximum permitted rates as calculated by Marcus for the period Jura 1, 1998, to Slay 31, 1999 > Column C consists of Marcus' proposed rates for the period June 1, 1998, to May 31, 1999 v Column D consists of the maximum permitted rates as calculated by C2 Consulting for the period June 1, 1998, to May 31, 1999. I I Council sets the maximum permitted rate (within FCC guidelines), The two columns detailing maximum permitted I rates are Column B (Marcus' calculations) and Column D (C2 Consulting's calculations). s I . ( r ~ fr ' Exclusive of S% franchise fee. + Turner Broadcasting System (Channor 18) will move from Basic to Cable Showcase Denton system currently not capable of using 0s piece of equipment Expanded tier; rates regulated by FCC i t ,r pit I e10 CebleTV Cable tv Raley 4n 4 l i t 1 ~ 10 0 I Exhibit 2 WNSULTING SERVICES, INC. 7801 Pencross (972) 726-7216 Dallas, Texas 75249 (972) 726-7216 (tax) !l-rav 8, 1948 Mr. Richard Foster 1 Administrative Assistant City of Denton 215 East McKinnev Denton, Texas 76201 Dear Mr. Foster C2 Consulting Services, Inc. ("C2") has completed its review of the FCC Form 1240 submitted to the City of Denton, Texas (the "City-) by Marcus Cable ("Marcus" or the "Company") on or about February 27, 1998. The following report provides a brief discussion of the,issues noted during the review, and C2's recommendations regarding potential City Council actions for establishing the maximum permitted monthly basic service rate. This study does not constitute an examination of the financial condition of Marcus or its • parent company. Therefore, C2 cannot and does not express any position with regard to the accuracy or validity of the financial information provided by Marcus during the course of the analyses. OVERVIEW OF THE FILING According to 1;v. information provided by Marcus, services received via the Denton headend total tw:nty-five basic service channels.' According to the filing, Marcus { • currently charges S9'88 for basic service and propol,es to decrease the basic service rate by $0.43 to 59.45 for the period June, 1998 through May, 1999. There are three major factors µhich explain Marcus's proposed changes in the basic service rate for the Denton headend: 1 These counts are as of January, 1994 4rarcus is proposing to mope one channal (WTBS) from the basis service tier to Tier 2 as of June I, 1994 - , 25 v, 10 32x10 MOWN' e 1 `1 l 1 Mr Richard Foster May 8, 1998 Page 2 I Marcus' proposed computation of external costs for the true-up period results in a three percent reduction to the external cots included in the 1997 projected computations (decrease impact). ' 2 The impact of removing WT©S from the basic service tier during the projected period reduces the residual costs and the external costs included in projected rate components (decrease impact), 3. The net true-up calculation proposed by Marcus shows that the actual rates charged during the true-up period (June, 1997 through February, 1998) were in excess of the rates as trued-up in this tiling (decrease impact). ANALYSES OF THE FILINGS Project Objectives sad Activities The project objectives are three fold I. Assessment of the completeness of the filings with regard to the information and documentation that must be filed with the City. 2 Assessment of the reasonablentss of the proposed computations in light of the City'&pnor rate decisions, FCC regulation and recent FCC rulings 3. Assessment of the reasonableness of the proposed computations in light of the system specific costs and subscriber data. I I i Given these objectives, C2 conducted the following project activities: • Review of the filing to assess the completeness based on the FCC Form instructions • Review of the filing to identify any issues with rm;pect to the data and'or methodologies employed by Marcus l • Submission of follow-up data requests and subsequent review of Marcus's responses , • Review of recent FCC decisions that may have an impact on Marcus's proposed methodologies or the City's alternative actions r • [kvclopmenl of potential alternatives available to the City in establishing maximum permitted basic service rate G i t ►r 25 10 32XIO r I I it r , 0 n I t , f Mr. Richard Foster Nlay 8, 1993 page 3 Summary of Findings C2 identified three main issues with respect to Marcus's proposed computations of the ' basic service rate. These are, I Marcus' proposed computation of programming costs for both the true-up and projected penods do not appear to renect the costs for the particular period in question: 2 The supporting documentation provided by Marcus does not support the Company's proposed copyright fee in:rease for the projected period. i 3. Marcus has incorrectly computed the basic service rate reduction related to the r movement of WTBS from the basic service tier. L Computation of Programming Costs As you are aware, a major component of the basic service rate is the cost of providing certain programming services Based on the Form 1210 formulae, these costs are included as external costs; the level of which is projected in a given rate year. In the rate year following these projections, the estimated external costs are trued-up based on actual expense. The true-up computations of programming costs provided by Marcus includes the averaging of both known ant! .!stimated programming costs for the last two months of the true-up period (i e., January , 1999 through Cebruary. 1998). In Us opinion, any true- up computations should not include estimated increases'decreases in programming costs; such calculations are contrary to the Form 1240 concept of "true-up". As Provided in FCC Order 95.397, paragraph 79. as part of the annual rate change, a 'true-up' mechanism is available to correct projected cost changes with actual cost changes," (emphasis added) Therefore, C2 adjusted Marcus's proposed computation of "true•up" programming costs to reflect only costs that are known. The impact of this adjustment reduces the basic service rate by approximately $0.031 1 1 • : The "known" costs pros ided by Marcus were based on the total costs per subscriber for the basic service 0 tier C2 requested programming costs on i "per channel" basis from Ms:ws, but the Company responded that such information was confidential and proprietary C2 notr, tnai other able operators nave prasided the" per ch Anel" information which sllow s for a better understanding of whether the proposed changes in programming costs ere reasonable 7 i Mr. Richard foster May 8, 1998 Page 4 j , 2. Computation of Copyright Fees Copy night fees are also a component of the external costs included in the basic service rate. As with programming costs, actual copyright feet are used for the true-up period, and the projected period includes an estimated level of expense. Marcus estimated the projected period copyright fees based on a five percent (5%) increase over the actual "per subscriber' true-up period costs Based on a review of the anticipated revenue on which the copyright fees are based, a live percent increase in the amount per subscriber for the projected period does not appear to bejustifiabie 3 Because the basic service rate is proposed to decrease by 50.43, it follows that basic service revenue (on which copyright fees ate computed) will also j decline.+ Therefore, it is C2's opinion that the five percent increase in the per subscriber copyright fee should not be allowed. The adjustment reduces the basic service rate by approximately S0.003. J. Residual Cost Impact of Channel Movement Pursuant to the Form 12 i0 formulae, channel movement from one tier to the other must be reflected by a transfer of the "residual cost" for that channel. If a channel is being rncvcd from a particular tier of service, the transfer is calculated based on the residual cost sh<twn on Worksheet 4 for the tier in question Conversely, the tier to which the channel is being tnoved reflects the residual of the tier from which the channel is being moved adjusted for the difference in the number of subscribers between the two Hers. For example, assume that a channel on the basic service tier is being transferred to Tier 2 serv ice. Also assume that the basic service "residual" on Worksheet 4 is 50.50, Finally, the number of subscribers are 1,000 for basic and 800 for Tier 2. Worksheet S should reflect the following computations. Basic Service Worksheet S Adjustment (S 50) Tier 2 Worksheet S Adjustment $30 i ' x 1.000 f Soo + 800 1 50.625 i ' Copyright fees are based essentially on the amount orrevenue received for tint of service that curt' broadcast channels and distant sateltittchannels 0 1♦ ' C2 is not rewmmending a "downward" adjustment to the level of copyright fees, because such decline assumes thu the numbs of subscribers in the true-up period will remain the same during the projected ~Y► period Mucus has included a projected subscriber court that rellwts a five percent Increase rner aMual N z December, 1997 counts. Therefore, any increase in revenue due to the number of subscribers Is already taken into account i 8 't 2 5 x 32 x 10 U .vac+aa 1 . Mr. Richard Foster Mav 8. 1998 Page 5 C'2 noted two errors in Marcus' proposed computation on Worksheet S for the mosement of W"IBS from basic service to Tier 2 service as of June I, 1998, First, the Company computed a residual component I Worksheet 4) that did not take into account the removal of the channel as of the first day of the proiected period, More specifically, the Company computed the projected per channel residual cost for basic service as if WTBS will remain on the basic service tier for six months of the projected period, This is clearly incorrect. Second, the Company computed the adjustment for the basic service tier on Worksheet S using the computation that should be employed for the Tier 2 adjustment, (See example above ) The results of correcting for each of these errors essentially offset one another, with a de minrnw impact on the rate' l SUNINIARF OF REC'OMMENDATION'S i Based on the above findings, C2 recommends the following adjustments be considered by the City in determining the maximum permitted monthly basic service rate, I. The City should consider adjusting the true-up of programming costs to reflect only known costs. 2. The City should consider disallowing the proposed increase in per subscnber copyright fees for the projected period. 3. Fhe Ory should consider correcting the adjustment on Worksheet 5 to reflect the date of movement of WTBS and computation of residual impact based on the Form 1240 formulae, 4. The City should consider ordering a maximum permitted basic service rate of 59.42 as compared to the Company's proposed $9,45, Additional Issues and Recommendations I C'2 notes that Marcus has not included any, information related to the Tier 2 service6 As you recall, these rates are regulated by the FCC, but only in the event that a complaint is tiled by the franchising authority . Pursuant to FCC regulations, a complaint can be filed by the franchising authority upon receipt of multiple (more then one) complaints by subscribers within ninety (90) days of the date the rate increase becomes effective. C2 strongly recommends that the City file the appropriate complaint this year upon receipt of the required subscriber complaints. As regulation of the Tier 2 rates is ~ scheduli.c to "sunset" in March, 1999, a final review by the FCC should be conducted. { • The adjustment to Worksheet 4 residual component has a downward impact on the rate, and the • adjustment for Marcus' computation of Worksheet 5 as if it were for tht Tier 2 computation has an offsetting increase to the basic service rate " C2 submitted requests for information related to tier :.en ices to which the Company responded that such information wn not required by the total franah ang au!honty for purposes of regulation i i 9 I~ - 10 32Xlt7' 1: 1~ 5 ~ 1 i A 1 C ~ 1. I I 1 .I 1, 1 "1.~; I " ' ~ ! ~ it~~~~i 1 1 1 Y yj♦1~ I Wry0 1 . , i.. . u r V• n.. .nf-. ~ Y.n....yw,-. - e w. .nw'ww~nrv rr ~ n... ...:i... ~ Mr. Richard Foster May 8, 1998 i Page 6 C2 greatly appreciates having this opportunity to work with the City of Denton. If you have any questions regarding this report, the project activities, or any of the recl emendations, please contact Ms. Connie Cannady at (972) 726-7216. Vcry truly yours, I C2 Consulting Services, lac. P I~ I / • r k , ~ nv ~ I r ~~Iv i I 1 Iv.y ti r .'y fl 1 11r d 5 1' s' 1 ~ 0 r it 1 4 .1 } G li S I:' 1 I to ( 1 • C ! a.r r r; 1r11 , tkti r 'h4saL b y 1~ a t r 10 0 U Exhibit 3 ~NSULTING SERVICES, INC. i 7801 Pencross (972) 726-7216 Dallas. Texas 75246 (972) 726-7216 (lax) Ala) 15, 1998 Mr, Richard Foster Administrative Assistant City of Denton 215 East McKinney Denton. Texas 76201 i Dcar Mr. Foster. C2 Consulting Semices, Inc ('U") provides the following amended recommendation concerning the Form 1240 filing submitted to the City of Denton ("City") by Marcus Cable I"Marcus" or the "Company") on or about February 27, 1998. As discussed in C2's original report dated May 8, 1998, C2 recommended that the City consider a maximum permitted basic service rate of 59.42 as compared to Marcus' proposed rate of $9.45. This recommendation was based on the information proO..d by Marcus on April 7. 1998 On Mav 12, 1998, Marcus provided additional information stating that it had " lefl-out • a channel in its basic service channel count for both the true-up period and the projected period (KIN7. IND), Based on conversations with a Marcus representative, this was an ! oversight in the preparation of the channel line-ups originally requested by C2 on March 2?, 1998 Because C2 adjusted the projected period residualco~u based on the originally reported channel count of 24 (instead of 25 channels as noted in the updated information), the A adjustment for the residual cost impact of the mosement of WTBS must be changed.' the original adjustments recommended in Worksheet 4 (residual costs) and Worksheet S offset one another, with a de mrnrmur impact on the rate. However, by changing the average channel count during the projected pt+riod from 24 to 25 channels, the impact on the rate is an increase of approximately 50.016, • Due to rounding, the computation of the maximum permitted basic service rate is now O 59.44• a 50 01 reduction to the Company's proposed rate of $945. The discussion See C2 report dated Mai 6, 1999, pp 4.5 { It 32 x#a l I r , NOVA" w 4 "Mw" Mr. Richard Foster May 15, 1998 Page 2 i provided in the May 8'4 report still applies. Only the number of channels used i:; the adjustment to Worksheet 4 has changed, with the noted differences in results. If you have any questions regarding the change in C2's recommendations, please feel free to contact Isis. Connie Cannady at (972) 726.7216. i Very truly yours, ° 1 , E C2 Consulting Services, Inc i I f i - r r~ I 4 F , •Y 12 14' sr e t V j ~ ' 1 1 %t A M do}y ~ P r{ .di 1 32. x % s 0 , { Exhibit 4 WNSULTING SERVICES, INC. 7801 Pencross (972) 726-7216 " Delles. Terea 75248 (972) 726-7216 (lesx) May 15, 1998 Mr. Richard Foster Administrative Assistant City of Denton 215 East McKinney Denton, Texas 76201 Dear %it. Foster C2 Consulting Services, Inc. ("C2") has completed the evaluation of the FCC Form 1205 filed by Marcus Cable 1"Marcus" or the "Company' t ailh the City of Denton, Texas ("City") on or about February 27, 1998. This is Marcus' first year to file an "aggregated" tiling regarding its proposed increases in equipment monthly lease rates and installation and maimerince charges. Because it is, theoretically, an aggregation of costs of all Marcus cab)c system operations, franchising authorities that regulate Marcus' operations receive identical rate fiilings,1 As you recall, the Form 1205 is riled once each year, is based on the most recent fiscal year costs'data and is filed simultaneously vith the Form 1240. The City has original jurisdiction with respect to the review and regulation of charges resulting from the Form 1205 computations ihis study does not constitute an examination of the financial condition of Marcus or its parent company. As such, C'2 cannot and does not express any position with regard to the accuracy or validity of the financial information provided by Marcus during the course of the analyses. BACKCROUNb In its 1998 Form 1205 filing, Marcus proposes si6rifcant increases in its maximum permuted Hourly Service Charge FISC-) for installation and maintenance activities. and in its monthly lease rates for the year June, 1998 through May, 1999, Although Marcus has committed to "operator selected rates" for certain monthly equipment lease that O • Prior io this year. Marcus riled Form 1205s based on the costs'equipment for Mucus Cable Associates, LP In its 1999 f ling, Mucus inctuded Mucus Cable Partners. LP, Marcus Cable ofDelawue and Maryland, LP, Mucus Cable of Alabama. LP, and Marcus Cable Assoc'ates, LP f ! 13 1 32' X 0 ;,ars;ra I 1 \Ir. Richard Foster \tac 15. 1998 Page are loner than its proposed maximum permitted rates, in most instances, these operator i selected rates still reflect an axerage increase oser actual 1997 rates of approximately fom-four percent. ' The following table provides a comparison of Marcus' 1997 rates and the proposed 1998 rates COMPARISON OF RATES FOR 1997 AND 1996 Marcus MPR• Marcus OSR" 1997 Rates 1996 Rates 1996 Rates Hourly Service Charge $1903 $27.49 $27.49 Monthly Lease Rates Bask Remote $0 13 N/A NIA Addressable Remote $0.16 50.18° 50.16 Non-Addressable Converter $095 $1.43 $1.43 Addressable Convener $257 $380 $325 Add Corv With Guide N1A $401 $395 'Maximum Permuted Rate l"Operator Selected Rate ANALI'SES OF TH E HIANGS Project Objectives and Activities • The project objectives are threefold: I, Assessment of the completeness of the flings with regard to the information and documentation that must be tiled with the City. 2. Assessment of the reasonableness of the proposed computations in light of FCC regulation and recent FCC rulings. 3. Assessment of the rewillableness of the proposed computations in light of Marcus' . proposed method of aggregation Given these objectives, C2 conducted the following project activities a Rc%iew of the filing to assess the completeness based on the FCC Form instructions 1 e Rc%iew of the filing to identify any issues with respect to the data and'or 0 methodologies employed by Marcus 0 • e Submission of follow-up data requests and subsequent review of Marcus' responses rot all remotes, basic and addressable 14 i 7:5 10 32XIO Wei= e I \tr. Richard Foster \tav 1!.1998 Page 3 • Conduct o1'follow-up telephone conversations with Marcus' representatives to discuss identified issues Review of recent FCC decisions that may have an impact on Marc vs' proposed methodologies or the City's alternative actions • Desclopment of potential alternatiscs available to the City in cstablishin2 maximum permitted equipment and installation rates Summary of Findings C2 identified four n tin issues with respect to Marcus' proposed computations of maximum permitted equipment and installation rates The issues are • Marcus inappropriately included costs in the computation of "Tools" on Schedule A that results in a "double recovery." • Marcus inappropriately included an approximate twenty percent inventory in cook criers • Marcus inappropriately included a one-time terminal placement colt in the depreciation expense for conveners • Marcus inappropriately included depreciation expense without an otTsetting entry to the accumulated reccn a for depreciation A. Inappropriate Costs included in "Tools" In its computation of the Schedule A cost components, Marcus has included in the ,,Tools" category, costs related to what is termed as "Customer Billing Equipment " Based on Marcus' response to a request for information, these costs ere: I "The costs of purchasing billing related equipment and software." I Marcus has allocated the total balance in this account based on the number of equipment basket related service cads during the year (30,39° o) C2 takes issue with the inclusion of these costs for the following reasons: w ♦ 1 i It appears that M , cus did not "unbundle" such costs into the equipment hatket during the "unbundling" process and therefore, inclusion now would result in a double recovery 2 Manus has not employed a reasonable cost allocation methodology i As you recall, Sammons Communications, Inc. was the cable operator at the time when r the FCC Form 1200; Form 1205 was filed +vith the City. Through the processor "unbundling" the costs for the equipment basket from the monthly probramming services 0 rates, the installation and equipment costs were permanently separated as a "stand-alone" lyf ~ See Letter dated May 11, 1998 from Marcus Cable io C2 15 32 X - o aaaavw \ir. Richard Foster \tev 1 1998 Page a computation each subsequent year Due ;o the formul_; by which the "unbundling" was 1 calculated, any costs that were already incurred (or continually incurred each year) that were not included in the equipment basket computation, were, by default, included in the ' computation of the monthly programming rates. And, because the monthly programming rates "roll forward- with each new filing, these costs are permanently included in these monthly rates, plus have inflation added with each filing. Based on the analyses and data provided by Marcus during a review of its 1995 Form 1205 (shortly after the purchase of the system from Sammons Communications, Inc) it appears that Sammons did not "unbundle" the costs for customer billing equipment, nor did Marcus in6ide these costs in its 1995 computation ol'Scheduie A, Howeser, this year, Marcus has included approximately 5442,000 in the calculation of the FISC Limpact ol'approximately $0.69), The data reveals that these capital costs are not new, do not appear to have been .,unbundled" during the Form 1200 Form 1205 process, and were not even included by Marcus in its "first" Form 1205 for the system. To allow the Company to recovery these costs now in its Form 1205 would provide for a "double recovery" of these expenses from subscribers. In its decision DA 96.1753, the FCC found with respect to the issue of double recovery; Because.TCI did not include these costs in its previous Form 1205 used for the Form 1200 unbundling, including the costs now would result in a double recovery of the costs, once in the monthly programming service rates and again in the converter charges themselves. Allowing these costs permits an operator to identify, 'overhead' costs for the equipment basket it had not unbundled when the initial rates for monthly programming services were established."' I he IC'C went further in a 1997 decision. "When TCI-SL files Form 1205, in 1994 and 1995, TCI-SL did not include these insurance costs in its calculation of equipment basket costs. 'these costs, therefore, were recovered in program service rates, In assigning these costs now 0 to its equipment basket, TCI-SL should have deducted them from its program serice rates, otherwise TCI•St, would be recovering these costs twice 'I V%en if Marcus could demonstrate that these costs were, in fact, "unbundled' from the monthly programming services rates, and would not result in a "double recovery;" the Company clearly has not used an appropriate allocation factor to assign such costs 10 the • equipment basket Service calls conducted during the fiscal year do not appear to have any relationship to the billing activities other than particular service 41s are billed to the g 'W/ t ableIaomr f f yriudd, 1W. Conw,6da ed Order DA 96• t M. relessed october 10. 1996, paragraph 16 1CI Cablo'rohrn of.S. l raf7r Order DA 97.2009, releawd September 29, 1997, paragraph 20 16 2h I~ 32x10 a111r■Ir■I mom 0 \tr. Richard Foster May 15. 1998 Page 5 subscribers, However, most other services received b•, the subscribers are also billed; regulated programming, premium channel programming, pay-per-view programming, potentially digital programming, etc. A more appr)p6me allocation factor would be based on the transactions that are actually billed, including any adjustments that occur due to billing inquiries. Based on C2's review, Marcus has not supported the reasonableness of including the costs for customer billing equipment, Therefore, C2 recommends that such capital costs be excluded from the computations made on Schedule A in the "Tools" category. 8. Eicesshe Inventory Pursuant to a request for information, the Company responded that the capiiai costs shown on Schedule C represented a twenty percent (2u°a) iu.ent,,rv of romeriers As stated in the response: " Approximately 70% of this inventory represents new conveners purchased at the end of 1997 to be implemented in rebuild areas In the first quarter of 1998." emphasis added) Based on the Fort 1205 instructions, the gross book value of equipment included on Schedule C can include: the cost of a reasonable number of spare customer equipment units that the operator keeps on-hand as replacements for broken equipment."r Pursuant to the formulae, the operator would include the capital costs of such "spare units" without refleciing these units as "in service" on Line C of Schedule C. The result is a higher per converter cost in order to compensate the operator for the requirement of having "spare units" to easily replace damaged or non-functioning units. I lowever, t twenty percent inventory of cquipment, of which most is scheduled for active deployment within the calendar quarter following the test year end, does not appear to satisfy the classification of "spare units," but rather appears to be the acquisition for immediate use. Therefore, if Marcus is going to include the capital costs, then there should be some portion of the units that are considered "in-service" since not strictly t acquired as spares. the FCC has taken the position that it is the burden of proof of the cable operator to support any level of equipment inventory. As noted in FCC Consolidated Order DA 95•, r; . 720: " See Levier dated btay 11. 1998 from Mucus Cable to 'Form 1205 Ill ised August 1917611nstructions for S,hedule ('Capital Costs of Leased Equipment. Line 0 17 G +l,; ,fasrwvr 0 V l , %it, Richard Foster Mav 15, 1998 Page 6 "In rate regulation proceedings, the cable operator, not the franchising authority, bears the burden of proof The determination of whether a cable operator should be allo%md to recover the costs of allegedly excess inventory in its rates is an " issue to cc left to the discretion of the local franchising authority, and we will not disturb the findings of local franchising authorities if there if a reasonable basis for its decision In the above matter, the local franchising authority adjusted the gross book and related capital accounts to eliminate "excess inventory" as not being appropriately paid for by current equipment users. In the instant filing, however, the circumstances are such that the capital accounts should not be reduced, but rather, the "in-service" counts should be increased to reflect the immediate planned deployment of the units. Although the computation is different in the two cases, the result is essentially the same the inventory (the costs of units not included as "in-service') is reduced to a more reasonable level. C2 adjusted the inventory to reflect a ten percent (10%) level rather than Marcus' proposed twenty percent (200'6) inventory. Based on Marcus' response, C2 computed 1 seventy percent of the imentory as new addressable conveners with the remaining lncentory comprised of non-addressable units. Assuming that one-half of these units are necessary as "spare" under the FCC definition of reasonable inventory, the remaining half has been included as part of the in-service counts for the respective converter types. Because the adjusted converter lease rate computation now includes these estimated additional units as "in-service", a reduc tion to the gross book and related capital accounts for such excessive inventory is not required C. Installation Expense Inappropriately rreated as Capital Costs According to infomiation provided by the Company, Marcus had included what it has termed as "One time cost incurred for terminal placements in rebuild areas."10 Marcus stated that these installation related costs have been included as depreciation expense for the addressable conveners because it is 100% related to the addressable converters and, due to fomt limitation, ' there is not a separate line item for these costs" The FCC Form 1205 instructions provide the following description of co,,ts that are to be i included as depreciation expense on Schedule C . " Crow n hfedea, lex d h a Cron" ('able, Consolidated Order DA 95.720, released April S. 1995 If C2 had determined that the twenty percent in" eniory vas strictly related to "spare units," the 0 f edjumment would be to reduce the capital accounts for acessive inventory rather than to increase the number ofunits in-service Because Ihese units appear to he%e been purchmed for immediate deployment, the adjustment to the in-service unit co rnts seems more reasorable 1 See t ever dated May 11, 1991 Rom Marcus Cable io C2 " See !Marcus response le request for information. item 021, dated April 7, 1991 I I 18 i 32XIO • 0 .aura %Ir Richard Foster \lav I 1998 Page 7 "Enter here your current provision for depreciation based on the year-end balance for the equipment included on this Schedule " Clearly, this definition does not provide for installation activity costs to be included as a capital component By doing so, the computation proposed by Marcus results in a recovery of converter asset costs that is greater than the actual total cost of the asset. In C2,5 opinion, this is not the intent of capital recovery on Schedule C, In fact, the entire premise of the Form 1205 is to recover "actual costs" - related to customer premises equipment The FCC has ruled on a number of occasions conceming cable operators' attempts to include additional costs as depreciation expense. For example, in FCC Order DA 96- 2105, the FCC found `Our rules do not provide for the amortization that TCI included in its depreciation expenses on FCC Form 1205. Because TCEs methodology was improper, we find that the Cities were correct in disallowing that amount in TCl's equipment rates On the other hand, the FCC has ruled that certain additional costs can be included as depreciation expense on the Form 1205 (the! ate not specifically identified in the instructions?. Ilowrover, these additional cost' are directly related to depreciation expense. For example, in FCC Order DA 96.1236, the FCC found. "However, where there is an unusual number of lost items which are not provided for in depreciation rates, a reasonable adjustment may be made to recover the costs. The Commission also recognized that local franchising authorities would need to be able to assess the reasonableness of such adjustments. Thus, where the recovery over the next year would not cause an unusual rate spike, the Commission required operators to make an adjustment to its current depreciation by including any unusual losses in the depreciation expense reported' The issue in this case was whether the cable operator should be allowed to include an amortization of substantial write-offs of converters and remotes. Clearly, the FCC's i position with regard to allowing these costs was that the operator was requer Ong recovery of the "actual costs" of the equipment that was no longer going to be available for use The terminal placement activity costs cannot even remotely be classified as related to the "actual cost" of the converters, The costs have not been capitalized into the convener J accounts, but rather are being proposed as a one-time recovery through the depreciation 1 r ~ tD ~ it t 117 l A'R rJHrroarr,lr. Inc, Consolidated Aemorandum and Order. DA 96-2195, released December 17, 1996, paragraph I The issue here was TCI's inclusion of alleged "unfunded" deferred income tat in the ;J current provision of depreciation on both Schedule A and Schedule C The Cities argued, in part that the 1 instructions rot the Farm 1205 did not provide for such inclusion in depreciation I4crbr Cubleopion, Memorandum Opinion and Order, OA 96-1216, released August 14, 1996 I I 19 i - 1 i \ir Richard Foster \ta\ 15. 1998 Page 8 expense. Even if Marcus could justify these expenses as asset related pursuant to the dclinitions provided b; ae FCC regulations, the costs should be amortized oser the life of such asset. However, in C2's opinion, the Company has not justified the treatment of these costs as a depreciation expense and, therefore, such costs should be disallowed in the computation of the con%crter lease rates. D. Inappropriate Balance of Accumulated Reserve for Depreciation Pursuant to the Form 1205 formulae, cable operators are authorized a return on the net book value of remotes and converters as a component of the monthly lease rates. As you ate aware, net book value is computed by subtracting the accumulated reserve for depreciation from the gross book costs for the assets, "This reserve includes all amounts previously recovered through depreciation expense, Based on C2's initial review of the asset account balances and the depreciation expense being reour,ted on remotes and converters, it appeared that a portion of the current provision i rr depreciation was not reflected in the accumulated reserve, The result of this is that the C. -npany not only receives the depreciation expense, but also receives a return on that portior, tot included in the accumulated reserve balance. Marcus reviewed the computations and determined that, in fact, there was an error On May 14, 1998, Marcus provided a revised computation of the accumulated reserve balances for remotes and each type of converter C2 accepted these corrected computations and has incorporated them into the overall calculations on Schedule C. SUMMARY OF RECOMMENDATIONS f Based on the above find;ngs and conclusions, the City should consider taking the ollo%%ing actions. 1. Establish a maximum permitted Hourly Service Charge of $26.81. 2 Acce,tt Marcus' proposed S2 00 rate for the changing of tiers of service. A 3 Accept Marcus' proposed maximum permitted monthly lease rate for remotes of s0 is I 4 Adopt a maximum p:rmitted monthly lease rate for rton•addressable converters of sl 19 5. Adopt a maximum permitted monthly lease rate for addressable converters of 63 22 O 6. Adopt a maximum permitted monthly lease rate for addressable converters with the Navigational Cuide of $3.43. 1 ~I 20 r, . 0 i %Ir Richard Poster e' %13)15.191)8 Page 9 C2 appreciates having this opportunity to work %%ith the Ciry orUentou in review of the Form 1205 rates. If you have any questions regarding this report or need clarifications as to the recommendations. please contact Ms. Connie Cannudy at (972) 726.7216. Very truly yours, C2 Consulting services, Inc, i i 1 ! 1 ~ ( i i ~ f 0 i J. ~ I •-t r II/' l 21. 2.h,)~❑ 32X10 7 7 e 0 Now" Exhibit 5 RLSOLUTION NO. A RFSOL.UTION ESTABLISHING T7IF. MAMSIUM RATES 'fIIAT MARCUS CABLE ASSOCIATES, L.L.P. S1AY CIIARGF 1TS DUN"ION CABLE TELEVISION SLIBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT, ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDIN(; AN EFFECTIVE DATE. WHEREAS. the City of Denton ("City") is the Grantor of a Franchise Ordinance cxecutcd on or about November 15, 1988, by and bet~cccn the City and Simmons Connnuni:aiions, Inc. ("Simmons"). which the City, by ordinance on September 19, 1993. approsed the transfer of the franchise Ordinance along ssith attached amendments to Marcus Cable Associaecs. 1, L P. ("Marcus'), and WHEREAS, on May 17, 1994, the City' Council passed Resolution No, 894.019 autliorizing the regulation of basic service tier rates and related equipment, installation, and sen ice charges for any cubic Iclecision system operating a ithin the City in accordance with the applicable Federal Comm inicalions Commission ("[(V") regulations; and 11'IIFRFiAS, on July 18. 1997, the City Council passed Resolution No. R97.027 oudtorizing changes in the rates that Marcus may charge its Denton cable television subscribers for the basic sers ice tier, associated equips nt, and installation charges; and WilFRF?AS, the City, pursuant to the Cable Consumer Prntection and Competition Act of 1992 ("('able Act") and the rules and regulations adopted thereunder by the FCC and other applicahlc Lms, is ceriificd as a lrancl.ising authority to regulate the rates for the basic cable sen ice, cquipnscm, and installation rules: and WI IFRFAS, in accordance ~N ith Section 8.136 "Rate:", of the Code of Ordinances of the Cite of Denlnn, Icxas and in accordarc~ nith Section SXI "Rates" of the Franchise. Marcus filed : petition with the C'ily or or obout Fchruary 27, 1993, along %%ith FCC Forms 1205 and 1240 in conformance %Qh this section and all applicable la%ts, requesting a change in its basic i cable sen ice, equipmcul, and instaHation rates as abor c dc..mibed, which the City is certified to rcg,31,1lc: and t 11'IILRFAS, the City held a public hearing in conformance faith Section 8.136 of the Code of Ordinances of the City of Denton on May 26, 199S, after all intcrested citizens had i een Prolmis notified in :iccordantc ssith the lass, and all intcrested members of the public had an nppnrtanily to be heard; and tl'lll'REAS, as the local regulator (11' rates for the basic sernlce tier, the City desires to O A~ make a ralc ruling on the proposed rates submined by Marcus to be charged to subscribers of the ~11t basic scrcice1icr, NOW, I I I I RI[FORF. ' I I IF ('01 INCH, OF 'I HE CI I Y OF DEN'TON, TEXAS 111 KUBY RESOLVES: 22 10 32X s ' i Vi 'TI \ J. Findings 'Fhc City, is the Gr:urtor of a Franchise Ordinance exceutcd on or about November 15, 1988, by and between the City and San+mons. 1 I the lerr and coedton os transferred 19, } ))sus, in accordance ssEth (2) The es of that Ordinance, a as Unon d ab10 (3) In accordance w'nlt the applicable provisions of the cable Act, the rules adopted by the FCC, chapter 8 ofttseth c CilytlrOs pndertaken alicappropriatc procedurallsteps to regulate tile and other applicable la , basic cable sern'ice tier, related cyuipment, and instaflalron charges. on or (4) in accordance % ithCthe crtiGcat oniof Franc hlslintg Au hority to Regulate Basic Cable city filed FCC Fomt 328 - Scr i;•c Rates and Initial Finning of Lack of Effective Companion -with the FCC, (5) In accordance with applicable FCC regulations, on or about May 17, 1994, the City on of rates charged cable television ulati passed and adopted a resolution providing for the reg uipment Operators within the City for the basic scr ice tier and related eq and installation charges. (6) On or about February 27, 1998. Murcus Submitted FCC Fomt 1205 and Fonn 1240 to the City (7) On or about Ma; N,, 1996• tic City Council heard recon+".endalions from the consultant, C2 Consulting. of a public Hating, concerning Marcus' rate rc luest. I the city i8) Vursu nt to F('C regulations and applicable orlunitnto eommentaon thelproposed rate or about held a public hearing and gave the public adequate I Y request l1rro the public de'trhret I evlas Open ~ l- in5 gs Act. TEN. GOVT CODE Ml e551, and the public. in ac I provided an opportunity for interested parties to 1,.-sent information to the City during the mating of !e1ay 26, 1996• or at prior public mcctingsl+)) "She Cit,i must act upon the pending rate request consistent with current FCC rules and regulations and ollrcr applicable lass. j 1Q,% Conclusions, do nottinclndc he 5"o fraE chts•afee)uor Ill s ed Thad for the period io, rrrtingc rn unbers 1998, X11' permitted rate for basic cable ser\ l k 59.44 per month, is approved. E 23 rfm,,': 25 ,X ~Q 32XIO INS' A ' O t ASIA" Ili (2) That for the period beginning June I, 1998, until May 31, 1999, the maximum pennitted charge for installation and hour:v service (these numbcrs do not include the 5°'0 franchise fee) of $26.81, is approved. (3) For the period beginning June I, 1993, until May 31, 1999, the maximum fee (these numbcrs do not include the 5",b franchise fee) for )eased customer equipment of: remote control SQL,, non-addressable converter • $1.19, addressable converter • 5322, advanced analogue conwrtcr • $3.43 pcr month, and changing tiers • $2.00, is approved. SECEON 111. Incorporation of Findings and Conclusions. Thal the Findings and Conclusions set forth in Scctious I and II of this resolution arc round to be true and correct and are made a pan of this resolution for all purposes. r SUCTION IV. Orders for Action. Based on the foregoing Findings and Conclusions, the City Council hereby enters the follo-A ing orders adopting the rates: (I) Pursuant to current FCC regulations and applicable law, ror the period commencing June 1, 1998, until May 31, 1999, or until further o der of the City, Marcus will be permitted to chargs a maxinnum rate for the basic cable scrvire of $9.44 per month (these numbers do not include the 5`!0 franchise fey) (2) Pursuant to current FCC' P.a;ulaiions and applicable new, for the period commencing June I, 1998, until May 31, 1999, or until further order of the City, Marcus will be perritted to charge maximum equipment and installation rates (these numbers do not include the 50,0 1 franchise fee); j uipnnenl & Installation Maximum Permitted Ratg { louriy Service Charge S2611 WJ01 Ile j Rcmotc Control $ 0.19 { Comrrtcr (Addressublc) S 3.22 Conccrtcr(Niii-Addressablcl S 1.19 %d% raced Analogue Com crier $ '.43 Changing Iiers S .'.OU (3) '['his resolution shall not he reconsidered should any further analysis pursuant to future FCC rules and regulations result in or indicate higher rates to subscribers, unless such future FCC Rutes and regulations mandate that the City order such an upAard adjustment, o A (4) The City Managcr and the City Attorney, or their designees, arc hereby authorited i j and directed to take action necessary to enforce the orders contained in this resolution, including, j %0houl limitation, to execute and file %rith the FCC such certification form documents or other I 24 I - c } = d: 25 U 32 X I O r r , ZOOK" ' O I r ,%mom „ s,.•.a taq`c., au::.:ar r.r ar. ..bra e'a.. r, .,k.. . I E I i instruments or take any other actions as are now or hereafter may be required by the FCC rate regulations or applicable laws to enforce the rate ruling set forth herein, to defend this rate ruling 'i in any appeal to the FCC, administrative proceeding or litigation involving this matter. i (5) That the City Secretary is hereby directed to send a certified copy of thA resolution to Marcus: SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application thereof to any person or circumstances is held imalid by any court of competent jurisdiction, such holding sha11 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 such validity. J SECTION Vl. That the City Council has found and drtermined that the meeting It which this resolntion is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings Act, TEX. GOV'T CODE ch. 551, as amended, SECTION VI1. That this resolution shall become effective immediately+rpon its passage and approval. PASSED AND APPROVED this the day of 1998, JACK S1ILLER, MAYOR--~- ATT ES rt JENNIFER WALIERS,CITY SECRETARY ~ Ell': j ! APPROVED AS TO LEGAL FORM: 0 HLRBERT L. PROUTY, CITY ATTORNEY • i jlr a I i• 0 ! 1 ,Amel Jrp Ibl (A r l•iunvMleaduurl uhk onm Jia 1 25 n n'~l~iFRr. ~ I 2.5 32 x ~ d • e U Agr,ada No Agenda Ile n Date AGENDA INFORMATION SHEET i AGENDA DATE: Juna 16, 1998 DEPARTMENT: Economic Development (Main Street) ACM; Kathy DuBose, Assistant City Manager of Finance ; SUBJECT: RECEIVE A REPORT, HOLD A DISCUSSION, AND GIVE STAFF DIRECTION REGARDING AN EXPENDITURE NOT TO EXCEED $4,000 FOR FUNDING OF AN ARCHIVAL STUDY AND ARCHEOLOGICAL SURVEY OF THE ORIGINAL SITE OF PINCKNEYVILLE BACK ROUND: At the April 14 work session, Council considered a request from the Historic Landmark Commission for funding of an archeological site sunny of the original site of Pinckneyville, Council directed staff to research finding options and directed HLC mermbers to ask the County to share the cost of the survey. Om May 26, the Denton County Commissioners Court authorized an expenditur° of 53,500 for the County's portion of the archival study and archeological survey. This amount would cover approximately half of the cost of the surrey. Historic Landmark Commissioner Barry Vermillion obtained estimates for the project before requesting funds from the City and C'ounly, The lowest estimate he obtained was for 57,240. This estimate is from an archeologist who is highly quali fled to conduct the sunny. The purpose of the survey is to authenticate the site as the location of Pinckneyville, the first county scat of Denton County. There is evidence that the land in question may also have been an important Wichita ceremonial site prior to Anglo occupation. The owmcrs of the Pinckneyville land wish to move forward as rapidly as possible with a sale. In order for preservation groups to solicit major donations to acquire the property, anarcheological survey veri Eying the significance of die site is urgemtly needed, PRIOR AC'TIONAEVIEI~ : AI the March 9 meetingof the Historic Landmark Commission, a resolution requesting Council to consider funding this project passed by a vote of 0-0. City Council received a report and considered the issue at the April 14 work session. At p i, C'ouncil's request, the Historic Landmark Commission subsequently approached the County 1y+ with a request to share the cost of the survey, 1 j • page 1 i Y h Zia 7r~ K ~u 32X10 9 i i; a.n ♦ :n,',. I. rTYY:;'"/~a.','.:h,MM/M':i'V.'tH/.M~YIR'IMMWV ..~.m-~'._w..r r,., w FISCAL INFO MATIOM Staff has determined that this project could be funded from Lalor reserves in amoturt not to exceed $4,000. r EXHIBITS: Court order from Denton County Commissioners Court approving $3,500 expenditure Excerpt from minutes of the Historic Landmark Commission v. f Respectful''y submitted: Linda Ratliff, Director Economic Development Department Prepared by: 1 , ~ r• 1 Denisha Williams Main Street Manager 0 Pegs 2 2 i 25)(10 32XIO t 0 y Excerpt from minutes of the March 9,1998 Historic Landmark Commission meeting IV. Receive a report regarding Pinckneyville site from Commissioner Barry Vermillion and make recommendations pertaining to the report Commissioner Vermilliva recapped the Pinckneyville project. Pinckneyville was the site of the first county seat in Benton. The site has been located and the property is currently for sale, As a member of the Denton County Historical Commission, Commissioner Vermillion invited Dan Potter, an archeologist from the Office of State Archeology of the Texas Historical Commission, to visit the site and offer advice. The archeologist visited the site on February 12, 1998 and collected several shards of ceramic ware. He found that one piece suggested an early 19" century date, possibly dating from the founding of the site, The archeologist suggested that an archeological contracting firm be hired to conduct a professional survey of the site to verify if this is the site of Pinckneyville. Commissioner Vermillion has mast a request for bids for he survey and has received one response. The first bid was for $7,240, Commissioner Vetmitlion assured the Commission that this survey would produce final evidence of authenticity for both the Wichita site and Pinckneyville. A funding source is needed for the archeological survey. Commissioner Vermillion intends to ask both the City of Denton and Denton County to assfet in purcbming the site and making it a historical site. The site to be purchased will probably be 14-15 acres. lie also stated that there may be burial sites associated with the Wichita land, Commissioner Vermillion added that local archeologists were unavailable for the survey project. Chairman Lowry asked for a resolution to request funds from City Council to finance the archeological survey, A motion was made by Commissioner Vermillion for approval of the following resolution: "The Historic Landmark Commission requests that the Denton City Council consider fending an archival study and archeological survey of pinckneyviiie, Donlon " County, Texas, and associatod Wichita site for an amount viot to exceed 57,500." The motion • was seconded by Commissioner Montgomery and passed by , vote of 6-0. Commission Chair Lowry will ask to be included on +!ro next City Council agenda to present {I the resolution on bchalt'cf the Historic Landmark Commission. 1 • Pops 3 3 , , 25x10 32xIQ • 0 i IN,-ED M Mee 1`10114.1 PI LOIN LII OAK 94t J3 !4w I ulyw JW W4~ raar;E:V <r DENTON COUNTY . COMMISSIONERS COURT MAY 26 199! Dq Vw Court Order Number q$. MkPI THE ORDER: l 3. •!)Aopzgl& d-Vcfit4lSagtl rartl! a a Atadlas ar hahaolorkal Skr• ~YLtt)t for jl" kh tA• 0 of Destaa far the Ptarksl3MWLAMA Motion moved by AACAC4_ ;eeonds4 by +4111 _ No AArt _ Y« Ctyyy~ttlsiW • Jd"ww0tt2aSfa1 A►,IW s+MPJr AlwY.w W40 ~C No ;~Wl Owl / Al.wt To je' ClIalkWoUt PAN" I<~ Ar" Mow M.ria _ Na No Mww Ab" Motion Carried A'Q 4E6ee.bt:]i" Palled from Geawne No Action P•ttpuotd .r -44 6Y OADEA OF THE COMMiSSIONW COURT, ATTEST, • W fl0ifwlt Syfu~ 44 At CrwbNe. C.rn of f1S! Drta Gweh trr Aria v11 oAStorotur L r . 'Q Aal~taot Mxrln A MtN'~ ~ 1 C~t~GMery~C fr~ 7 . Nr 4 ~axid 32XIEl 0 O A" k 0-23 AGENDA INFORMATION SHEET Avid& hm OEM DEPARTMENT: DATE: June 16,1998 DEPARTMENT: Planning and Development Department CM/DCM/AC\t; tack Svehla SUBJECT Consider adopting an ordinance authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on August 4, 1999 pursuant to Texas Local Government Code §211.007 (b) at The City Council Chambers at 7 o'clock p.m. to ccnsider recommendation and action upon an ordinance creating a corridor overt ty district; prescribing notice of the joint meeting pursuant to Texas Local Government Code §211.007 (d) by running newspaper ad and mailing notice to owners within the proposed defined corridor boundaria s. G BACKGROUND The City Council discussed notice requirements for the proposed interim Corridor Ordinance during the June 9 wor4 session. Under Lec.l Government Chapter 211, Section 211.007, two options for notification are provided. First, Sec. 211,007 (e) Mates a written notice "shall be scut to each owner, as indicated by the most recently approved mun'cipal tax roll, of real property within 200 feet of the property on which the change in classy fication is proposed, The notice may be served by its deposit in the municipality, property addr.sscd with postage paid, in the United States mail." The notice must be provided before the IO'h day before the Commission hearing. The second notification option requires that the City Council by ordinance set a joint public hearing of the Planning and Zoning Commission and the City Council, and this allows the City Council to set a difrcrent notification requirement, [Local Government Code 211.007 (b) and (d)] Local Government Code Section 211,007(d) states, "The i governing body of a home-rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by The governing body and the zoning commission. If notice requirements are prescribed under this subsection, the notice requirements prescribed by 211,007(b), 211.007(c) [quoted above] and by Section 211.06(x) (requiring a newspaper notice IS Jays prior to the City Council hearing] do not apply." Section 211,007(b) still requires that { The Commission make a recommendation before the governing body may take action. In this option the Commission would make a recommendation during the joint meeting and then the City Council would vote, "I he proposed ordinance provides for an alternative notification process including notice to owners within the designated corridor and newspaper advertisements and sets & joint meeting with the Planning and Zoning, Commission on August 4 at 7 p.m. We anticipate written notices will be mailed by July 17. I ESI111ATED SC'IIEDULF OF PROJECT The remaining schedule estimates public notice to begin June 21, and ajoint public hearing with the City Council and Planning and Zoning Commission on August 4, A revised schedule is attached, i PRIOR ACTION/REVIEIY (Council, Boards. Commissions) The City Council held a work session on June 9 and a public hearing on June 2, 1998, At the Planning and Zoning Commission meeting on Q May 27, the Commission recommended approval by a vote of 4-1. The staff met with the Denton Chamber of Commerce on Friday, May 29. 32 X t• ~ ~ t ! t ~ r' lla/IlttElr ~ ' ' O E"l I. . ' r rr• .~wsw+.*dI'1!1:Y~9n.._,,t4^L.tJ:'.1Y1x7C."AtiX#,7.?:qu'•~.7'ZtiF't~:bFi[cbitlw•rt.,ruy..w.~.xr;mux.rn+ax.e.wrv....,._,: ~ i i FISCAL INFORMATION The fiscal impact will include the cost of postage for the notices and newspaper advertisements. AITACHMENI,,T 1. Ordinance (page 3-5) r 2. Corridor Ordinance Schedule (Page 6) 3. Sample Utility Bill Insert (page 7) j r i Resrnpectfully sub m C Hill Director of Planning and Development Prepared by, f•~ C t ~ k A;o~ Cecile Carson Small Area Planning Manager r r l 1 } r • • L" f r 1 .I z q., 1 4 t .aaaQraar , t =dass~. 'r U;...`Z•9. ThraiuSd ey„e <Y .iW!H tlr1d^.Y.., db.'t:v, r,»v;+s~.v r.„ +r ATTACHMENT 1 OP rNANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON J AUGUST 4, 1998 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 1211.007 (b) AT THE CITY COUNCIL CHAMBER.; AT 7 O'CLOCK PACTO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE CREATING A CORRIDOR OVERLAY DISTRICT; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEYAS LOCAL GOVERNMENT CODE ,211.007 (d) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Denton City Council has determined that corridors impact the visual Image of the community; and WHEREAS, the Dentoo City Council has requested that the City Planning and Development Staff develop a y Corridor Overlay District Ordinance; and WHEREAS, the Denton City Council desires to have a joint public bearing, pursuant to Texas Local Government Code 1211.007, with the Planning and Zoning Commission regarding the ordinance creating a Corridor Overlay District on August 4, 1998 at the City Council Chambers at 7 o'clock p. m.; and W IIEREAS, the Denton City Council wishes to prescribe notice of the time and place of the Joint public hearing in a manner that is efficient and economical; and WHEREAS, by a two-thirds vote of the City Council, pursuant to Texas Local Government Cede 1211.007 (d), prescribed that notice of the joint public hearing shall 4 accomplished by publishing a newspaper ad and by mailing notice to each real property owner, as indicated by the west recently approved municipal tax toll, within the proposed defined corridor boundaries of the proposed or lirianec which is attached as Exhibit A; NOW 111EREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS. 51 CTIQN j 11,at the Denton City Council rnd the City of Dorton, Planning and Zoning Commission shall conduct a Joint public hearing pursuant to Texas focal Government Code ;211.007 on August 4, 1998 at the City Council Chambers at 7 o'clock p.m, to consid;r, make recommendation, and take any appropriate action concerning a proposed ordinance to create a C'o,ddor Overlay District. SECTION 11. That the notice of the time and place for the Joint public hearing on August 4, 1998 shall he given by placing an ad in the Denton Recoid•Chronicle and by nailing Individual notice to each real property owner, as indicated by the most recently approved municipal tax roll, within the proposed defined corridor ' • boundaries of the proposed ordinance, which Is attached and incorporated herein as Exhibit A. That the notices shall be sent or published at least ten days before the proposed Joint public hearing. 5J(1 10.N III. loot this ordinance shall become effective immediately upon Its passage and approval PASSF0 AND APPROVFD this the day of _'.1998. K' • JACK MILLER. MAYOR • r , A 1 S qq r . 0 , a 7 1- .a a .,„n.^nU.#w -uw.:. - ^s5 ir''.' drw,Gt+.nvsaAa :•«v cl~VWw4wiFYw1~4U,Ra!Iwn"aM'.n Meal ww J~.w Mrx.,..:....+. ' ATTEST: JENNIFER WALTERS,CITY SECRETARY s ~ BY: i APPROVED AS TO LEGAL FORM: ' HERBERT L. PROM, CITY ATTORNEY 1 BY: I s~ . I I J .,Y } ^ e, 1J{ ~ 1Y I r ~ j i. y a 32 x C ~ r a 0 % r - xr... L^^.7nLtriRP;kaitvk+<.I CL^Y-S6 W7T. tL"~',k17Ahi FC6N!•{y '....+v., 1 . a 1'.... .w v-ntnN.~Ar ••h,a~.; n y.'... TGpH~Xdr'li4Vi'~INAARAfAW vA'fr~ 1 ~ Exhibit A i ARTICLE XL PROPOSED CORRIDOR OVERLAY DISTRICT r• i See. 35413. Classifications, 1) Gateways; The Gateway designation is reserved for the roadways with the highest volume of traffic and provides limited direct access, Roads designated as Gateways include: 1.35 N, I.35 W. 1.35 E, Loop 288, U,S. Highway 380 from Primrose Street west to the city limits and U,S. Highway 380 from Ruddell Street east to the city limits. Along Gateways, maximum efforts will be taken to preserve natural features including trees, native vegetation, and views. Regulations shall be applied to property within a $00 foot wide strip on each side of the roadway measured from the centerline of the roadway, and the regulations shall apply to the entire property whether all or part of i the property is located within the total 1,000-foot wire strip. 2) Enlrsnceways: Entranceways are classified as primary or secondary arterials and may have curb and gutter or barrow ditch or swales along the right-of-way. Entranceways shall include; US Hwy 77 from 1.33N to Windsor Dr., Teasley Lane (FM 2181), Fort Worth Drive (US Highway 377) from 1.35 E south to the city limits, locust Street (FM 2164) from Loop 288 north to the city limits, McKinney Street (FM 426) from Loop 288 east to the city limits, and Sherman Drive (FM 429) from 1- op 288 north to the city limits. Regulations shall be applied to all propciy located within 250 feet from the centerline of the roadway and the regulations shall apply to the entire property whether all or part of the property is located within the Micot wide itrip. 3) City limns: The regulations shall apply to properly along the designated roadway that Is within the city limits. As annexation occurs along the designated roadways the regulations shall apply to the area annexed, 4 ' f r, . I r ~iy5fa~~f;", 4 1C ~~.Jg34x.4e/ i I ~ v. r.... . „ .r n,.+ of-:: •.r`t GO.y;„~.:Y r.'~ti'•~ rtl?.Vw~•, w~~r4~+4r,,, ~ . r I ATTACHMENT 2 i i 'I Corridor Ordinance Schedule I As approved by City Council January 1998 February-March Research Contact TXDOT at,.,6 us,. -aunts and public enhancements ! Discussions wish Building Inc -11, Code Enforcement, and other City departments March-April Drat proposal Review proposal with Vision Conunittee April/May Complete ordinance and submit to legal April 29 City Council Work Session May 13 Planning and Zoning Cammi.lion Work Session May Potential meeting with the V61on for the 21" Century Cabinet and'or I Live Team May 27 Planning and Zoning Commission Public Hearing and recommendation May 29 Meeting with Chamber of commerce June 2 City Council Public Hearing June 9 City Council Work Session Junc 16 City Council meeting to adopt alternative notification ordinance June 21•Augosi 2 Nessspaper advertising, utility inserts, and other notification of proposed ordinance including notice to Chamber of Commerce members l June July Notice In Chamber Action newsletter June 23 Utility Ins" begin Pme 24 Chamber of Commerce meeting &17:30 A.M, t i • July 6 Marcus and City Cable notices begin July 17 Mail notices to prophty owners July 19 Denton Record Monicle advertisemenl ('/4 page $504) ' July, 22 Ucnton Record C'htoniCie &dvenisement ( page S630) August 4 City Council and Planning and Zoning Commisslun Joint Public Hearing (Ordinance ad':pliou proposed) I i f 6 ~~t , 10 :32X s 0 aaree» ~ .,i .4.:w F~ .fa. a.hAV:4 .NN]~TpiF `a 4'v a'Wk':A'L• •{iPi:..•.r Krr. .l _-p. (1 ATTAC114ENT 3 E SAMPLE tMLITY BILL INSERT CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING On an Interim Corridor Ordinance Tuesday, August 4,1998 at 7 P.M. City Council Chambers, 215 E. McKinney Street The Ordinance will establish: a Clasrifi;ationfor dosignatingroadways gateways or entmitceways a Minimum Landscape Setback along designated roadways ' a Prov'de Architectural Standards along designated roadways o Estr alish Screening Requirements for mechanical equipment, vehicle service bays, and outside storage of merchandise a Litaitiad ti ,e Visibility ofcertain uses along designated roadways a R;quiring Traffic Circulation Plan for properties that access the designated roadway a Providing Non-Conforming Landscaping for perimeter parking by 2008 a (equiring sign districts for some properties rot information please contact Michelle Lazo at the City of Dcnion Planning and Development Department (940) 349.8368 FPONT SIDE CORRDIOR CLASSIFICATIONS Gafewa) s: 1.35 N, 1.33 W. 1.35 F, Loop 288, U.S. Highway 380 from Primrose Street west to the city limits and U.S. Highway 380 from Ruddcl) Street cast to the city limits. Regulations shall be applied to property within a $00 foot wide strip on each side of the roadway measured from the centerline of the roadway, and the regulations shall apply to the entire property whether all or part of the property Is located within the total 1.000-foot wide strip, Fnlrancewa3s: 115 llwy 77 from 1.35N to Windsor Dr., Teasley Lane (FM 2181), Fort Worth Drive (US Highway 377) from 1.35 L south to the city limits, Locust Street (FM 2164) from Loop 288 north to the city limits, McKinney Street (FM • 426) from Loop 188 east to the city limits, and Sherman Drive (FM 428) from Loop 288 north to the city limits. Regulations shall be applied to all property located within 250 Net from the centerline of the roadway and the regulations shall apply to the t entire property whether all or part of the property is located within the 500-foot wide strip. • i BACK SIDE 7 k iri~rw=r 25 An 3210 e 0 190j3 No _ _ Age" 6a Item Date... _ - AGENDA INFORMATION SHEET AGENDA DATE: June 16, 1998 DEPARTMENT: Parks and Recreation Department ACM: Michael W. Jei, Assistant City Manager of Operations ~VBJECT ~ 1 Consider a resolution naming the activity stage in Fred Moore Park after C.H. Collins; and declaring an effective date. BACKGROUNp If The City Council adopted a Park and Facility Naming Policy on January 28, 1997 (Resolution No. R97-003). This policy requires thal the Parks and Recreation Board develop a recommendation and forward it to the City Council for foul action. A oopy of this policy is attached (Exhibit 2). In September 1997, the Park and Recreation Department received a request from the Denton Black Chamber of Commerce to tame the new activity stage in Fred Moore Par: after Mr. Eugene Kimble. Mr. Kimble was a respected former teacher at Fred Moore School and a community leader. A copy of the Chamber's origins! request is attached (Exhibit 3). The Chamber had initially asked that the Parka and Recreation Board make a decision regarding the stage name prior to October 11, 1997; this deadline was later rescinded by the Chamber. As required by the Park Naming Policy, the Board's chair then appointed it committee to develop a recommendation for the full Board's cooaideratoo 0 a future meeting. Board Members Willie Hudspeth and Toro Reece were asked to serve on the committee. The taming committee solicited comment on the proposed name for the Activity Stage from churches in the area, the N.I.C.E. organisation, and Jwroteenth Committee. No objections were expressed over the name of Eugene Kimble. However, during the comment peiiod, an alternate more was proposed for the stage-C.H. Collins. Mr. Collins (or "Coach Collins") was a long-tir. a teacher and coach with the Denton • Independent School District. U E I Pa;e 1 I C~ 32X ` I •9 I anas~ - . O MUM Y PRIOR ACTIONIREVIEW On May 18", the naming committee proposed that dw Parks and Recreati. - PA 3 approve the naming of ti,e Fred Moore Park activity stage after C.H. Collins. The L,. rd has done so, forwarding this recommendation to the City Council. A copy of the minutes for the Board's May meeting are attached (Exhibit 4). k FISCAL INFORHAT1ON 5 No City funde are required by this action. E f fir, illaaaaaC~i.i2 , ~1. Proposed Resolution i ` 2. City Council Resolution R97.003 and Park and Facilities Naming Policy 3. Request from Denton Black Chamber of Commerce K, 4. Minutes of the May I8,1998 meeting of the Pub and Recreation Board F t Respetxful2y nibmiVA& i Ed Hodney, Director Pads and Recreation Department i a r. ' i , Page 2 i' 2,~i.x ~L 32x~~ J t, 4 1 1 % y , . . r... eu. r?NN4+4 N✓. r[n.. )ir, l4e('nyr,yJnp10':x4 nw...tinrvw.~.. ....arsr«.~... ...+.r 'r,Re4. r. MNOS,imwrann ' E. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON NAMING THE ACTIVITY STAGE AT FRED MOORE PARK AFTER C. H, COLLINS; AND DFCLARF~G AN EFFECTIVE DATE. WHEREAS, the chair for the Park and Recreation Board appointed a committee to develop a recommcndation for a name for the activity stage at Fred Moore Park; and I 1 t, . t" WHEREAS, the naming committee proposed that the activity stage in Fred Moore Park be named for C. H. Collins; and WHEREAS, the Parks and Recreation Board recommends and ask that the City Council consider that the activity stage at Fred Moore Park F, named after C. H. Collins; and WHEREAS, Mr. Collins was a long time educator and coach within the Denton ' Independent School District and spent his adult life in the service of children and providing a role model for the betterment of the community; and WHEREAS, the City Council has determined that the recommendation complies with the policy and guidelines regarding the naming of parks and park facilities and has also determined that it would be proper and filling to name the activity stage at Fred Moore Park in honor and memory of C. H. Collins and wishes to recognize this community leader for his generous contributions of service; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION L That the activity stage at Fred Moore Park shall now and hereafter be known and designated as the C. 11, Collins Actwity Stage: SECTION I1. That this ordinance shall become effective immediately upon its passage , ' and approval. t r~ i•ASSFD AND APPROVED this the day of 1998. JACK MILLER, MAYOR - AIIEs1: JENNIFER IVALTEP,S, CITY SLCRE?ARl' t, 1 '1^ 10 32x10 R e s r evv , r.......~_.::......._, ` L 4 t, APPROVED AS TO LEGAL FORM: 4 r HERBERT L. PROUTY, C131' ATTORNEY r 13Y. L y F.rhartddcAt LGl11ur Urcumcnts Rewilur"on9N Nami~p Sage at Fred hlrw+e Park Res dIK i I i ' I AI , 1 1 y kk r~. 1 V ~~r 0 I Exhibit 2 ' RHWUMIOH NO. ' j A RBSOLVH'ION ADOPTING A POLICY SETTING WIDELINES REGARDING THE PAR1C8 AND PARK FACILITIES, AND PROVIDING AH EPPECTIVR WH17JMo the Parks and Recreation board has approved and recommended a new policy to govern the naaing of Parka and pask factlitiest and WHEREAS, the City Council deems it in the public interest to adopt this policyi Mw, Tmagp RE, THZ COCHMCIL Of TXX CITY Or DEHHTON HEREBY RSSOLVESe ~ That the Park and raeilities Haling Policy, which is attacMreto and made a part hereof for all purposes, is hereby approved and adopted. hereby rep" a That all policies ineoasisteot herewith are awrIOHt III- That this resolution shall become effective immediately upon its Passage and approval. PASSED AND APPROVED this the JP day of 19~, CFAULLMO HUM ATTEST JEIOHIM WALTER,, CITY SECRETARY A BY, 1 j, APP A0 LEGAL 0RH, HERBERT L. PROPTY, CITY ATTORNSY 1 • o • BY, i Page 5 9 0 Park and Facilities Naming Policy 1. Purpose; a) EstablM geDeel guidelines and prooedures for the "Ming of parrs and recreation facilities. b) Provide name ideat&Won fat individual parka. c) fibdutles, aeewvgdam. appropriale for special buildungs, strrrc0aea, d) Provide for c d=O input b ft the Fracas of alm%g parks and fiudlmes as emantrabd above e) IDA = coward of ON naming of pub and ladtitip by the Parks and RXmdim DVwlnM and ~ ~ C0MW &Wh it reoommeodmoos of to Pads and RAcudwBoa 2. General O delioa: a) Parr property may be framed afkc streets, popa;&W locations, histwjw figures, road, POP" my also be events, MOM^ of locat or individuals or Woupawb r Waders, Palk named Owepdoolot d oootribrsiow toward the drodopmaK maideasooe for Aaads or xrthar a Park or &oft have been made by to Domhatad iodlvldaal or g~ of b) With the exception of mq* dooa ket, Peb ad ssoIUMM Whies " Dot be named for Uviq 9 M In cam ~owbg lAdddioos abali apply names of loaf commtmity leaden, I) the wmbmed idivAW d a hays nsade eroep8ooai Contributions to T Da*o pub end romeatim andlor be ocataardty, A 2) axis shall be a clear and demonstrabd ooaseosm far the Dominated Dame, c) Parts or was within a put or reaesft fiKft may be Ovum a name which is all rent Om the park or building. Such pub or arm may iw~ N limited to) gardens, P4YV%mWs, &&%c Gelds, aerumra, swimmWg Po& red 1 mee* rooms. Names for such &wrd" shall be eabbliahed by the same • guidelines and p wedurea Vplied to porn and WiidiW. O ti Page 6 i In 32 x Io r o d) 71e naming of a park, a facility or pmU of a pack or facility s gall not be accepted a a ooodidoo of domino, unless the value of the donation exceeds 515,000 or 51%of the toW PCoJM ooK '"'hichrm b V 00W. Improvements valued at leas than S 15,000 will not be affixed with tames e) Owe a came bat been esriMs6ed, the Ditactor of Parks and Reaction will be mmponst'ble fa 'e =W'Nbm of appropriate sigoaga wd madren within a r monabk lane. f) Contributions which do ant mail awning and which are valued at lean d w S 1 spoo and compdw lean dw 51 % of the PROCtasst any be rec opind, Gifts which are vahsed at Vela flan 5500 ■d oompdse at leant 2S% of the project we may be ZwWimd by pbgm or muA01. Al the talisp ss of the donor, the Parb wd k ~~oa or V Liqmtmm ill povlde ben ptagtb or roarfrer ibt ooamdbattaoa Of Such M"P"m prot'1d6d by the donor. f01 ootta"on of 1016 *M52,300 mart be Pasb and Recredion Depar ~ nadoas shall meet rite tpeci6ationa of the Should a rooogaidw plaque of oa - 0 NgWm npkmmmb such be the repooo'6itity of the Wow povider of 60 toarka a plaque~~ shall 3. Name Cb"m. a) Requea for acme change may be ooaddesad by the Palo and Recreation goad. Jt+ddd~ !or naming a pads or 5cility shall genaaily apP1Y to a me dW4PL b) In revkwiq a M NO for a atom ChGW b OW Jew to w"* of uitttad ~ IF Boat will give spacial made wb coadduldw e oakod now amftbbWMd 6 which was msde when the c) If a dmW is: omMed in tM aline C( m mj16g poi or Facility, IL mqum will ON be acbd qpm by 60 a[Secled 60 Baud a do atatittg td tagnetI Ms bow pomW oo the Dbeew ~yPssb sod ROMWO p o ,ttgn thotrW deed ooonysnb to • 4. Procedure, a) Names for new parks shall typically be eoWbWMd witbia 9o days From the desk of Land sbg W*a lbe Dame of new %M W riled be esMk had Valor b &e 1Pl1d"of ooastn odm Names far path or arcs of park, and facilities may be established at soy lima 0 b) 7be cWlm= of the pwb and O O Recreation Beard aba11 orae a conunittee that will b responar'bk for recommending a name for dl park lands and 6cUWm to the Page 7 r r7 2 X'FJ aa~■rtt r I a C) Tae oomimitlee dM be nepom-W for Muaro61 study, and m mmmdatioa of a PeaP 4 Sar b de Boat Rmdm le far the Selection of de Moommended name Shad be Riven in wnft AjW rooommeododon wbM kvolvee the mime of a Peg SIM iociade the foiiowWg. . a biodropww or informatiood Ad* I . radande Mvpwft do aommat;w e6e as m(S) 01 ,11 I ; no,eiaStiod penoa(i) or wWoetio` d<'a4(S) nvombie for to j rMo~ ~ ded db by UNIONISM O appryw at diupprow of de saw 2 e) 9 68 aosmiweh meem■adcya Y irppioved by the Bond then de MOO MY be raAvW Met is dS oormitMe br Aedar SadM SaanmSSadN are Ar S7i1 AdWr eamt M R roved by a of da Sombns o[da PM ft ad Rerun 1 voM Up'o WM* dt seo MWW Same abaA be fo "ded to do Chy Cuva for deie coSddnadoa ad dad deddoa aL r s a tl~1NU/wIr11 f~f I Page 8 r ~ .7 t ail, 0 Fx a 25x10 32x 1Q t t II n P aj~ r,. t 1 r Exhibit 3 R0lootiYA1•DOAN%h"1WOi•({111> ~(91>)11~0109 . September B. IM t~r.1r. r*.~.• Cult d Deeloo Daft Clip Doandl &a 4z SAM% 113 8 McKi nq DaW,46 Tom 7=1 rR OWA DottyCmd maeboeo: OWNS 49 &Wh A~ r oora.aio. of tY ~w l ~ Mt'~n w ~d T~tooro Jtirt oomea w ar..s~sr.. • we ar" iw a dadlonlo~ trd oo~t■oroMetiw Ibr si, CROW Mew is *d ib tY oonerriq tM ■btn wbo wJd bttw t~ ~ o f Oft* JL "shift ab+rraret<D,.ap~csMt~coro~.w...eroMi.u~ortb e 6006W Dean ~I wrs wOdd d b mb a mcommadwjnn to ~ ~ [cord `iwoeicN ~ ~nrcMtl ~ed+'.y pa+~fos be aaaod is bra at n foraerlacYrottYElrtld)dtbna scbool~tsiAe. No 1~Ww tbw Mr. Kimble, wotdD' of ah coe meawad < °0°10rOh' lades. 4 moo tarn e..wl d Jour, Yf r Page 9 fr 1. - y,:.r lire 15 k' ~ r 2 ~j X72 x O M Exhibit 4 1 Parks and Recreation Board Meeting May 18, 1998 Senior Center Members present: Dalton Gregory, Don Edwards, Willie Hudspeth and Martha Garcia. Staff present: Ed Hodney, Janie McLeod, Janet Simpson, Julie Smith, Bob Tickner and Nicole Fletcher. OtN .s present: Mark Donaldson and Steven Cook with the City Planning Department. In the absence of Chairperson Annie Burroughs, Vice-Chair Don Edwards called the meeting to order at 6:00 p.m. The minutes of the April 20, 1998, meeting was approved by a motion made by Gregory and seconded by Hudspeth. ACTION ITEMS Naming of the Fred Moore Para Stage. Hudspeth said the Jumeteemth Committee recommended C.H. Collins as the name for the Fred Moore Park stage. : ,:dspeth said that Coach Collins reputation fits what the park represents. Hodney reviewed the policy for naming city facilities and that the recommendation will have to go before City r.ameil for approval. Hodney said that in the Fall of 1997, the Black Chamber of Commerce maoe a request that the park be named after Eugene Kimble. Hudspeth said he had spoken with the Slack Chamber of Commerce am has their support on naming the stage after C.H. Collins. Hudspeth moved that the Fred Moore Park stage be named aft~K C.H. Collins, Gregory seconded the motion and it passed unanimously. Approve Proclamotion for July as Parks and Recreation Month. Hodney said that each year the National Recreatiou and Parks Association designates July as "Recreation and Parks Month". In conjunction with Recreation and Parks month, the Denton Parks Foundation will be launching a membership drive f n e, new "Friends of the Denton Parks" organirstion. The proposed proclamation should hilp the FoWletion's efforts by heightening public awareness of Denton prnks and Recreation 4urin; the membership campaign. Gregory moved to approve the proclemation as presented. Hudspeth seconded the motion and it passed unanimously, e Middle School Program - Srandardr of Care. Simpson said that Nicole Fletcher, Children Program Supervisor, had been working with Denton Independent School Di•',rict After School Middle School program since October 1997. Simpson said the cooperative program at all three middle schools is to begir in August. Fletcher discussed the "Standards of Care - Operational Standards" that is being prvposed rather adopting the Texas Deparment of Protective and e Regulatory Services Standards. The City's aftercare standards are higher than required by the 0 e State, Fletcher said the program could set its own standards as long as it meets State standards. She added that the City's standards are based on Dallas' aftercare, Fletcher said the care is not classified as daycare so that there is more flexibility from the State, The City standards are: Page 10 32 ILI v NOW" Q AGENDA INFORMATION SHEET Agenda ~ Agenda Ite Ite Date AGENDA DATE: June 16, 1998 DEPARTMENT: City Manager's Office G CM: Ted Bena,. ides SUBJECT { A resolution canceling the regular City Council meeting of July 1998 and the City Council work sessions of June 23, 1998 and July 14,1998; and providing for an effective data ' BACKGROUND ` The City Council desires to cancel the regular Council meeting of July 7, 1998 and the Council work sessions of June 23, 1998 and July 14, 1998, due to the need for the Council to have some time off from their very heavy work schedule at a time when a number of members of the City Council and the City staff wi3 be on vacation, I Respectfully submitted: Ted Benavides City Manager i Prepared by: I J[f nifer M ters ~ City Secretary ~ ~ 0 • --„Q' 25 x t 32XI❑ lI, 1 1 1~ J 0 r 'Ile I BK.'~4%.tln'J7.MAiWdRl4fP'i'i+1+• E i I RESOLUTION NO. A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 7, 1998 AND THE CITY COUNCIL WORK SESSIONS OF JUNE 23, 1998 AND JULY 14, 1998; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 41 of the City Council Rules of Procedure (Ordinance No. 94-183) requires that the Council meet at 1:00 p.m. on the first and third Tuesday of each m.mth, or at any other times set by the Council, unless postponed or canceled for valid reasons; and WHEREAS, Section 2.05 of the City Charter requires the City Council to meet no less f frequently than once a month; and WHEREAS, the Council desires to cancel the regular Council meeting of July 7, 1995 and the Council work sessions of June 23, 1998 and July 14, 1998, due to the need for the Council to have some time off from their very heavy work schedule at a time when a number of members of the City Council and the City staff will be on vacation; and WHEREAS, for the reasons indicatzd above, the City Council deems it in the public interest that the regular Council meeting of the City of Denton, Texas, scheduled for July 7, 1998 and the work sessions of the City of Denton, Texas scheduled for June 23, 1998 and July 14, 1998, be canceled; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council meetings of June 23, 1998, Juiy 7, 1998, and July 14, 1998 are hereby canceled. SECTION It. That this resolution shall become effective immer~3tely upon its passage and approval. k PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: " JENNIFER WALTERS, CITY SECRETARY ' BY: 5?5( 10 32x1a w wood i ~ .rte ID f n .r1..5.1 1{~'Y .M:'.:n ♦ ,'.~1"n 1ur•..I. N.M M• i~,••...r...LL~.~.V✓1~:IL~~0A11~♦v11,^,VYIWM'~4YMn~'..~YM.♦., Nw!nW S♦.Ii ~ r..-~ 1 , 1 I f ' APPROVED AS TO LEGAL FORM: IJERBERT L. PROLTY, CITY ATTORNEY ff~ BY: y 1 n b . i ~ t y p Ilur I XgVPknR Keu♦lununs 7%cem'rl cuunad ncchngv Jlx r ~ j- ~ J rL 11 ~I~'r5~ I •'r .r, I~. ~ f ~1t ti ~ f r r " I 1 ; J 1 I k I1 Page 2 w l Vii., w ~ZR4 1 ' ► Ir A Xdb~ bb f^'.. 2 AM fvl 32 x NM♦ ~l f.,~~'J ~ h . WORM 0 l • r~ `niepEY Mp.InY.w1,iY]awYMiy{yr PV'nroMV gMwna n„ 3pentla AGENDA INFORMATION SHEET 4penda Ite2 f f"- Dafe,~~ AGENDA DATE: June 16,1998 DEPARTMENT: City Manager's Wee CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJECT - " °.eceive a report and consider 9 recommendation from the Oversight Committee. BACKGROUND- The Oversight Committee will be meeting Monday. June 150s, to consider three projects. The projects are signal improvements at Jason and Londonderry, the median cut and driveway entrance to Southridge CenicifMorning Star, an extended care facility, and third, improvements to the apron at Denton Municipal Airport. Staff is recommending all of these. ESTIMATED SCHEDULE OF PROJECT- The projects would be scheduled to begin construction this summer. The signals would be projected to be completed before the start of school, the median opening would be estimated to be finished by fall, and the apron improvements would probably take until next spring to complete. tr i. PRIOR ACTION/REVIEW - Staff will bring the Oversight Committee's recommendation to council at the meeting Tuesday night. FISCAL INFORMATION- These three projects will be funded with bond funds if recommended by the Oversight Committee. I rA ' Memo to Oversight Committee and backup. i i I 1 1 Respectfully submitted: J ; I Ak Sve la a, Deputy City Manager ~ t L W ~RP 2 'C55 32X • • I 1 l M1 ` r I^ v 1. -N. er. l4 Mrvrw v.'!N Mv:rV^[ bw^JY L Y e~"."rVaarn+ M...w 1 CITY OF DENTON, TEXAS 216 E. McKinney Stanton. Terse f62o1 (1 U243Q? oMla of the city Mampa MEMORANDUM DATE: June 12, 1998 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: OVERSIGHT COMMITTEE MEETING OF JUNE 15" Attached Is Oe backup for the Oversight Committee meeting which will be held Monday, June 151', a, 11:00 a.m. We would anticipate that the Oversight Committee will recommend to you the second entrance to Southridge Center, the signal improvemerts at Jason and Londonderry, and finally, the improvements to the airport apron, Since we will be meeting Monday we will provide information on their recommendations Tuesday evening. Council has already Initiated a reimbursement resolution for the entrance to Southridge Center (i.e., Miscellaneous street funds would ultimately be used.). The money for the signal at Jason And Londonderry would come from left over funding from signal installations at Bonnie Brae and (Ak and Hickory Streets, and matching funds from DISD, and funding for the apron would come from the bonds that have already been sold for the Masch Branch Road project out near the airport. If Council has any questions on any of these projects, we will be happy to try and { answer them at your convenience, otherwise we will provide Information on the j • recommendations on Tuesday. 1 r~r_' 2d f ' • Rick Sve la • r Deputy City Manager RS:sf :r Attachment 4 2 44 10 10 o M CITY OF DENTON, TEXAS ,215 E. mct'Jnney Street. Denton. Texas 78201 (94D) 349.8797 Office or the City Manager MEMORANDUM DATE: June 12, 1998 TO: Oversight Committee Members FROM Rick Svehla, Deputy City Manager SUBJECT. BAGXUP FOR JUNE 15tH MEETING Your agenda is rather lengthy; however, a large majority of those are reports and additional information that you requested. After the minutes and the financial tracking we have inserted another memo from Jerry that talks to you about the initial sales for each year and how those monies were then applied to projects I would simply remind you that staff recommended each of these projects to you and then you recommended those to the Council and Council has approved [hem Jerry's information includes a narrative of what transfers were made and also the fund balances showing is each of the accounts that corresponds to the monies that are stIl available in each of them. Under Item C wave got the status of projects. We will go through our normal information for you on projects and then, also, I have included a short memo from Bruce Henington on City HaIIIDMC and CO's for both Phase I and Phase II. The second memo is on the Police computer program that is being implemented now. On any or all of these we will be happy to answer questions for you at the meeting or before. Please give us a call. i~ We have four items listed for consideration. Earht;t this month we met with JLsse sod Terry on the first two items. Jerry Clark has been very husy working with develo,~irs in the Southridge area and with the DISD at McMalh School 1 he first of these is to build a second or "back entrance" into Sollhridge Center, or tho Albertson's strip center. We've attached a map that shows the actual location of this access Jerry is working with Alberl~on's and a number of stores as well as Morninq Star (the extended care O ' facility to the soutn). Morning Star had originally approached us to build a new driveway and median access on Lillian Miller. Of course, with the other drives and median access points already built, this would have been another area for congestion. Jerry suggested that we try to do a joint drive that accessed Morning Star and also the backside of the strip center. He has been successful in h s negotiations with Morning Star and is continuing to work with the shopping center. We believe that this location ! would be much better, for one thing, ti's at the midpoint of thu curve on Lillian Miller 3 _4 ,~RIa ~~xia~ P 0 ;~AAIMK! Memo to Oversight Committee June 12, 1998 Page 2 I south of 1.35E I i;e second point is it is also on the top of the crest of the hill in this area. So the site distance is much better both directions. Second, we think this could ultimately be a location for a signal because it is far enough away from Loop 288 and I- 35. The signalization could only be done if we could close of the median for Southridge Center that exists now. We will conlioue to negotiate to try and make this happen. In the interim, we think this driveway would help to provide a second access to Southridge Center and at the same time provide the extended care facility a better access point and i a non-Lillian Miller access to all of Southridge Center. We would recommend that this project be funded with miscellaneous street funds of $40,000 from next year's band sale. We have already got the Council to pass a reimbursement resolution that would allow this to happen, Staff whole heartily supports this new access point and would recommend that we use existing street funds available from the Masch Branch Road project that is not being built this year and then reimburse those bond fund monies with the bond sale monies from the miscellaneous street funds next year. The second project is to signalize the Jason at Londonderry Street intersection, We would propose to use approximately $35,000 of excess funding from Hickory and Oak intersections at Bonnie Brae. We would use this money in conjunction with the matching funding from DISD. Again, this is a project that Terry and Jesse have looked at, they thought that this project as well as the access to Southridge Center were t. excellent projects and encouraged us to move ahead. We have ordered the poles for this intersection In order to get delivery and to allow us to install this signal prior to the McMalh School opening We would ask for your support to recommend using these "left over" signal funds for this project. The third project is for airport apron improvements out at the Airport. Within the last couple of weeks we have been advised by TXDOT that there is a project that is being offered to us for enlargement and improvements to the existing apron out at the Airport. We think this is an excellent project since the funding is 90% federal money and 10% our money. Staff has visited with Terry, your transportation representative, prior to the meeting, and Terry is in support of this. We would recommend using the Masch Branch money again, since this project was a match to airport improvements from its inception. We would be able to reimburse money with miscellaneous funds next year if they are needed Our last issue again will just be a briefing issue, and that is to begin to have you think about using some unspent turn lane money from the U.S. 380 projects for turn lanes on Woodrow Lam at the Shady Oaks intersection. I think most of you know this is also the intersection v were the new road leading to the International Isotopes development will start. When that becomes a "four legged" intersection, more and more turning movements will begin to happen. What we are suggesting is to use money from turn lanes that were going to be built at Alice and University as well as some improvements at University an i Carroll that were taken care with the CMAC money about a year and one-half ago. Those two projects together equal about $50,000 to $55,000. Those dollars would be approximately the same amount of dollars that we would need to build left turn bays on Woodrow Lane at the Shady OakslResearch Boulevard intersection. Since U.S. 380 is being moved up and it appears that both remaining sections will be 4 0 1 Memo to Oversight Committee June 12, 1998 Page 3 under contract within the five years and so, we do not think it is reasonable to use money to build turn lanes on US, 380 as we had originally thought. Therefore, we " would suggest rechanneling this turn lane money to this project. We are not asking you for action at this point, but we think that this is a good idea if we receive favorable, we would include that in our bid alternates and then bring back more Information to you as the bids are taken so that you might give us a formal recommendation to the Council Our last item under "Other Business" is to talk about future funding for indoor recreation facilities. In the last year of the bond issue there is $500,000 worth of funding for indoor recreation facilities. The funding could be used for existing facilities or in new facilities. You might recall that this money was put in the last year in order to take advantage of any opportunities that might come from joint projects or from any kind of project that we couldn't anticipate in 1996, or any other need we couldn't anticipate when the bond issue was proposed. Our thought was always to use it in conjunction with some other entity to enhance facilities that we were building or to tag on to facilities that someone else was building so that we could gain the most for the dollar Lately our tact has been to use that in conjunction with school district facilities such as the joint agreement we have on office space and use of the gymnasiums at McMath Middle School. Staff is beginning to look at options for that money and, quite frankly, we don't see any on the horizon any time soon. The district is looking at building new middle schools and another high school in the future. Right now they have none of those funded. The District has told us that their most critical need is for another middle school and the site that they have now if in 1 Corinth. So, it doesn't look like that would work for us. Another thought is to look at our own facility projects. That thought occurred to us I during the project that we are now designing. We are in the midst of adding additional space to Denia and North Lakes. We could look at using this money to help refurbish the existing building and/or enlarge upon the 5,000 square feet that is being added to each building Another option would be to explore other entities that might building facilities, such as the two universities. One thing we are sure of is that if a project is built as a stand along project, $500,000 would not go very far. Economies of scale are • not there. We thought it would be appropriate to talk about this item under othe, business because it is something we have to look forward and try to plan for. We would like to visit with you about this item and to hear any thoughts or ideas that any of the group might have. , • That is the backup for all of the items on your agenda. We will be asking you to make tD • decisions on the second access for Soulhridge Center and the signal improvements as well as the apron improvements out at the Airport simply because of timing issues. Again, we have talked to your comm,`.tee members In each of those areas. They agree with staff and recommend them to you. S 2S,IEl 32x10 a • . r 0 7 J:4 wl A♦7laTA •9P,b PP✓!}k}¢IM M'ar45 +rsM1aelq ..eo, i Memo to Oversight Committee Members . June 12, 1998 Page 4 f We look forward to seeing you on Monday. If you have any questions prior to that, please feel free to call me at your convenience. ick Svehla Deputy City Manager RS:af Attachments r Memo June 15"' oversighl Mtg I• .1 M 1 { 7 i \ f L' r r I I I i I 1 1 .I S a 6 i 2, x 0 x Q 32 • i 'r-.. it ~'1f..; . ....1. n•.~~~..~.. ,~....v r. r224.M......• AGENDA INFORMATION SHEET Agenda No.__'7 T/_-~,%. Agenda Ile? AGENDA DATE: June 16,1998 Dale DEPARTMENT: City Manager's Office I , CM: Ted Benavides US EJECT ~ Consider appointments to City Council committees. BACKGROUND Jj Members of the City Council serve on designated standing committees to afford policy guidance and direction to the staff. The committee assi8nmcnts are reviewed annually tY the City Council to allow the opportunity to make adjustments ifnecessary. This is also an opportunity to form any new committee that the City Council may deem necessary. An example of such a committee was made by Council Member Kristoferson in suggesting the formation of an Environmental Committee to loo! it air quality issues, etc. Respectfully submitted; 1 Ted Benavides • City Manager 1 Prepared by: j • • e gin ifer W &S-AJ lki 1, City Secretary t r. ~~iY 25 x I❑ ,32xia j ---C1111'COUNCII. COMMITTEES I CURRENT PROPOSED AGENDA COMMITTEE Mayor Miller (Permanent member) Mayor Miller (Permanent member) VACANT Mayor Pro Tem N- a-s ey Council Member Burroughs City Manager (Permanent member) City Manager (Permanent member) AUDITCOMMITTEE Mayor Miller Mayor Miller (Permanent member) Mayor No Tern Beasley Council Member Durrance Council Member Durrance INVESTMENT POLICY CONINIITTEE _ Mayor Miller _ Mayor Miller (Permanent member) Council Member Kristoferson Council Member Kristoferson NIUNICIPAL COURT ADVISORY CONIM. Council Member Durrance - Council Member Durrance Council Member Kristoferson Council Member Kristolerson COLincil Member Young VISION FORDENTON-2l CENTURY Mayor Pro Tern Beasley Mayor Pro Tern Beasley VACANT Council Member Burroughs 1, LOR Y ND COMMITTEE Mayor Pro Tem Beasley Mayor Pro Turn Beasley - Council Member Cochran Council Nlembcr Young----- - CONIMUNITYJUSTICECOUNCIL rCouncil Member Durrane Council Member Durrance CKt" RA t'ROBERTS P afr T - - Councilil Member Cochran CONVFN7101V & VISITORS BUREAU VAC'AN f _ Mayor Pro Tern Beasley - - JOINT TAX ANATENtENT (C NIN11TTEE_ VACANT Council Member Burroughs 1 Council McmKr-Durrance. Council Member Durrance i4 rq Ia~aO ~ wA M,~;y,! ~ ? ICJ 32 x~❑ I I 0 y7 ~all7ib NO._9~11~3_. l I, AGcnda Ile _,.1 AGENDA INFORMATION SKEET i AGENDA DATE: June 16, 1998 DEPARTMENT: Finance Administ*ntion I ACM: Kathy DuBose SUBJECT A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9.1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. BACKGROUND The Drnco Area 9.1.1 District created in 1987 is governed by a board of managers. The board is appointed by the county, participating cities and the Denton County Fire Chiefs Association. Board members serve staggered two year terms and are eligible for reappointment. The Emergency Telephone Number Act stales: "the boards hall manage, control and administer the district. The board mu), adopt rules for the operation of the district," The Board of Managers is comprised of the following indivic uals: Board Member Represents Chief George R. (Randy) Corbin, Chairman Dentin County Fire Chiefs Association Dr. Allen Groff, Vice Chairman Denton County Commissioners Courl Mayor Olive Stephens, Secretary Participating Cities Chicf Don Franklin Participating Cities Robert l), Stephens Denton County Commissioners Court Melvin Willis GTE, Advisory This year, the terra of Police Chief Don Frankfn expires on September 30, 1998 (see attached letter). Chief Franklin does not seek reappo'ntment. ESTIMATED SCHFDULF OF PROJECT (!f applicable) Nominations are due by July 10, 1998, On July 13's, the district will semi copies of t~ nominations to each city for consideration, requesting the city to vote for one of the 6 . nominees. At its September 24, 1998 Board meetings, the Denoo Board of Managers will count the votes from responding cities. The candidate with the most votes will be the ~J municipalities' representative to the Denco Area 9.1.1 District Board of Managers for the two-year term beginnin,= October 1, 1998. 1 1 0 .~L• r 1. Y' . ♦.v ,w.: :`J"i,PA"%J!.,+~k ~l%'?'3"r!'4A1s4'Ir~Ai"AMRS~''♦'F~/1'~4IhTY•f4 NIC: d".N!AWP'KYRk:~rCW ~ +w I k PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 8, 1497, the Council approved a resolution to nominate and, on August S, 1497, a resolution voting for Mayor Olive Stephens for reappointment to the Board of Managers. ; a FISCAL INFORMATION This resolution has no fiscal impact. S A f 8ID INFORMATION Not applicable. ! R 11fAP (If applicable) F l Not applicable Respectfully submitted: Kathy DuBose Assistant City Manager ♦ , . ..M .O si ,r z Cry {Y~Ft [l u J, }..1 ~G; ,I rV~ x } MEN e ~ MAN" 0 ',rueae+w RESOLUTION NO, R A RESOLUTION NOMINATING A MEMBF:i TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1.1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Police Chief Don Franklin, a member of the Board of Managers of the Denco 9.1-1 District, will expire on September 30,1998; and WHEREAS, Article 1432e, Section 5, V,A.C,S. provides that two voting members cf the Board of Managers of an Emergency Communication District shal I be appointed jointly by all cities and towns lying wholly or partly with the district; and WHEREAS, the City of Denton, Texas wishes to Dominate a member to said Board; NOW, , THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: 5=QN-L That the City of Denton, Texas hereby nominatc3. as a member to the Board of Managers of the Emergency Communication District of Denton County for a two year term to commence October 1, 1998. SECTION U. That this resolution shall become effective immediately upon As p.rssage and approval PASSED AND APPROVED the the_ day of _ 1998. 'I k JACK MILLER, MAYOR t 3~ y1, ATTEST: JENNIFER WALTERS, CITY SECRETARY ¢ BY: ? c APPROVED AS 10 LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY k BY: I+~ddryriGLO~R<wnb AedNwn` ull ,.nmr,a,Fe 1. 3 32 X 'F 1 s women ' o now0b I I DENCO AREA 9-1-1 DISTRICT PA. Box 293058, LewisAllo, Texas 7SM-3058 PhonafM: 972.2214411 , FAX: 972-420-0709 - Woosgo: www denco.org t TO: Mayors of Cities In Denton County FROM: Mike Pedigo, Executive Director ` CJ7yAd DATE: May 13, 1998 pr/Q~Ea r E RE, Appointment to the Denco Area 9-1.1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9.1.1 District Board of Managers to have "two m ambers appointed jointly by all the participating municipalities located in whole or part of the district", Each year the term of one of the two members appointed by participating municipalities expires. This year, the term of Police Chief Don Franklin expires September 30, 1998. Chef Franklin has asked not to be reappointed. In order to coordinate the appointment among 33 participating municipalities, the district requests the following actions by the governing bodies of each city, 1. If your city would like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination and/or r6sum6 of the candidate to the Denco Area 9-1.1 District office by July 14, 1998. 2. On July 13th, the district will send copies of nominations to each city for consideration, request rig the city to vote for one of the nominees. 1 At its September 24, 1998 board meeting, the Denco Board of Managers will count the votes from responding cities The candidate with the most votes will be the municipalities' representative to the Denco Area 9.1.1 • District Board of Managers for the two-yoar term beginning October 1, 1938, i Please marl nominations and resumAs to the Denco Area 9-1.1 District, P.O. Box 293058, Lewisville, TX 75029.3058. • If you have an,, questions, please do not hesitate to call me at 972.221.0911. O • Thank you for {our support of the Denco Area 9.1.1 District. {.c Denco Area 9.1-1 District Board of Managers 1075 Princslon SUSSI, Lewisville, Texas 75087 4 - ❑ » I ❑ 32X J i 0 Vow. AGENDA INFORMATION SHEET Apanda No Agenda Ice Date _ AGENDA DATE: June 16, 1996 DEPARTMENT: City Manager's Office r CM: Ted Benavides SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND Each City Council Member is responsible for making nominations for board and commission places assigned to him or her. Individual City Council Members will make nominations to the full City Council for the Council's approval or disapproval at the next regular scheduled meeting. Council Members making nominations for members to the boards and commissions will consider interested persons on a citywide basis. The City Council will make an effort to be inclusive of all segments of tte community in the board and commission appointment process. City Council Members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. In an effort to ensure maximum citizen participation, City Council Memhrs will continue the general practice of nominating nets, citizens to replace board members who have served three consecutive, full terms on the same board. Respectfully submitted: t ; . Ted Benavides City Manager 7 Prepared by: ~ yam. ,1 Jf/nnifer Vr ters 0 City Secretary YF,' I t4I X 1a 32XIO A , b tD BOARDICOMMISSION NOMINATIONS AIRPORT ADVISORY BOARD Dist CURRENTMEMBER NQMINAT10N TERM COUNCIL 7 Terry k7arland 1996-98 Mayor 3 Ann Houston 1996.98 Cochran " 4 Jameslamieson 1996-98 Kristoferson 5 Jim Risser 1996-98 Beasley ANIMAL SHELTER ADVISORY BOARD Dls_II CURRFNTMEMBER NOMINATION TAM COUNCIL 1 2 loellaOrr _ 1996.98 Durrance 5 Mary Bendzick _ 1996.98 Beasley 6 Amanda Casey 1996-98 Burroughs BOARD OF ADJUSTMENT 4 DISST CJRRENTMEMBER NOMINATION im COUNCI 5 Bob Manning 1996-98 Beasley 3 Greg Muirhead 1996-98 Cochran 4 Joe Bendzick 1996.98 Kristoferson 2 Larry Collister 1996-98 Durrance BUILDING CODE BOARD p1S CURRI-.NTMEMBUR NOMINATION TERM COUNCIL 3 Bob Ilagemann 1996-98 Cochran 4 Bryon Woods 1996.98 Kristoferson 1 5 I lenry Rife J 1996-98 Beasley j r^ 6 Alan Nelson _ 1996.98 Burroughs 3 • 7 Ken Dobias IS96.98 Mayor t CABLE TV ADVISORY BOARD DID[ C,URRENTMFNIBER NOMINATION TERM COUNCIL I L. T. Hensley _ 1996.98 Young 2 RichardRodean 1996.98 Du7ance A 3 Juanita Johnson 1996.98 Cochran 4 Julia Klinck 1996-98 Kristoferson Ilk IV, 10 32 10 o , *Sol 0 n M CIVIL SERVICE COMMISSION SEAT CURRENTMEMBF,R NOMINATION TERM CM Jana Bates 1996.98 City Mngr. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE IM CURRENTl1EMBER NOMINATION TERM COUNCIL 5 Jean Ilinojosa 1996-98 Beasley 6 Peggy Fox _ 1996-98 Burroughs 7 )can Ellen Rogers 1996.98 Mayor 3 Kimberly Franklin 1996.98 Cochran 5 Ann Hatch 1996-98 Beasley DENTON HOUSING AUTHORITY SEAT CURRENTMEMBER NOINNt ATION T BM 7 Tony Soto 1996-98 Miller 7 Bob Crouch 1996.98 Miller DOWNTOWN DEVELOPMENTADVISORY BOARD IST CURRENTMEMBER NOMINATION 1LEM COUNCIL 3 George Goen 1996.98 Cochran 4 Joanna Deonath 1996.98 Kristoferson 5 Joy 1A'illiams _ 1996.98 Beasley 6 Michael Monticino 1996.98 Burroughs 7 Bette Sherman 1996-98 Mayor 1 Vacant (Resigned) _ 1997.99 Young ELECTRICAL CODE BOARD " IyILT CURRENTMEMBLR L411N 110 I= COUNCIL • 3 John W. Hardinger 1996.98 Cochran (Master Electrician) 4 Fred Ilarpcr 1996-98 Kristoferson Robert L. Hicks 1996.98 Young • HISTORIC LANDMARK COMMISSION 0 • CQIJNC[ NOMINATION f yI' L cuRRENTh1EMBER 1= 3 Diane Ricks 1996.98 Cochran 7 Peggy Norton 1996.98 Mayor 4 2 Jim Kirkpatrick _ 1996.98 Durrance 0 32X10 • 0 t HUMAN SERVICES ADVISORY COMMITTEE DM mCW R .NjNEMM NV NATION TERM COUNCIL 4 Vacant (Resigned) _ 1997-98 Kristoferson 6 Fran Moore _ 1996-98 Burroughs 7 Carol Brantley 1996-98 Mayor 2 CharlesSauaders 1996-98 Durrance 4 Wallace Duvall 1996.98 Kristoferson INFORMATION SERVICES ADVISORY BOARD )ZIP CURRENTMEMBER NOMINATION lam COUNCIL 2 Warren Searls The City Mgr. 1996.98 Durrance 3 Lisa Green requests this board 1996-98 Cochran 4 Jim Kuykendall be addressed at the 1996-96 Kristoferson r S Vicki McCombs regular City Council 1996.98 Beasley 6 Maureen Saringer meeting on July 2 L 1996-98 Burroughs KEEP DENTON BEAUTIFUL BOARD DIST CURRENTMEMBER NOMINATION TERM COUNCIL 1 Larry Mullen 1996-98 Young 2 Sara Saunders 1996-98 Durance 6 Beth Clark 1996.98 Burroughs 7 Vera Laney 1996-98 Mayor 3 Vacant (Resigned) 1996-98 Cochran 4 DeeDee Scott _ 1996.98 Kristoferson IABRARYBOARD j DIST CURRLNTMEMBLR NOMINATION TERM COUNCIL r, r • 7 Teresa Starrett 1996-98 Mayor 3 Kathy Pole ~ 1996-98 Cochran I 4 Ema Ruth Russell 1996.98 Kristoferson AND RECREATION BOARD , PARKS r r IQAT CURRENTMEMBE$ NOMINATION TEBM COUNCIL • • y 0 Annie Burroughs _ 1996.98 All i 0 Martha Garcia 1996-98 All 32 ~ ❑ Y4 , 1 • . ..e al "'aM :nm~.. , ~.,nw•.. a.n'..Y 51 ~ 'NIMw..L PLANNING AND ZONING COMMISSION DM CURRENTMEMBER NOMINATION TERM COUNCIL 3 Carol Ann Oanzer 1996.98 Cochran r S Ellen Hoover Schcrtz _ 1996-98 Beasley 6 Jim Engelbrecht 1996-98 Burroughs PLUMBING AND MECHANICALCODE BOARD DIST CURRENT MESBER NOMINATLON TERly1 COUNCIL S Millard Heath 1996.98 Beasley (Mechanical Contractor) b Lee Capps 1996.98 Burroughs ' I Jeri Coe 1996-98 Young a (Master Plumber) f' PUBLIC UTILITIES BOARD i?1] CURRENTMEMBER NOMINATION TERM COUNCIL 0 Ocorgc Hopkins _ 1994-98 All SIGN BOARD OF APPEALS VLSI CURRENTMEMBER NOMIN~]10 TERM COUNCIL 1 Slick Smith t )96-98 Young 3 Bill Allen 1996.98 Cochran 7 Mike Wiebe 1996.98 Mayor TMPA BOARD OF DIRECTORS SEAT CURRENT MEMBER NOMINATION 7EkM 0 George Hopkins 1996-98 ALL TRAFFIC SAFETY COMN115SION [ CURRENTMEMBER NOMINATION 7 COUNCIL I M 6 Greg Saako 1996-98 Burroughs f I Fred Hill 1996.98 Young s 2 DerekHartsfield - 1996.98 Durrance ; , 3 Art Seely, Jr, 1996.98 Cochran 4 Larry Luce 1996.98 Kristoferson 0 r i. a r ° 1t ,ti<. , 1 e • o I ' .........__...............,..,......w.,,....,.,«n.:v.m..~MerY»..~wo.ro..r... _._,.....«.«.,»wYYwtaMUYR. MANDOW TO COUNCIL 41"ItS. ON P EN ON PARKS ~k PEN ARKS i Other Ways You Can Help!! r~ A~ Contribute land for park sites. • Volunteer your time to at-risk OUNDATI0N r.a youth programs. ~1NUN1 T101 Tell someone you know about If you believe... A Y - the Legacy Forest commemo- rative tree planting program ...that parks are essential Denton Parks to your quality of life Foundation Remember the Denton Parks Foundation in your will. parks add to property • B 0 A R D values and community pride Jean Keller, President Tom Judd, Vice President It you would like more ...leisure activates are a; Margaret Smith, Secretary information about the Denton important to health and • Betty Jane Morrison, Treasurer Parks Foundation, please call well being, delinquency,' . i (940) 349.8133. prevention & stress relief i Directors; Randy Boyd Doug Chadwick Will YOU Be John Nesbitt Bobbie Wilborn Our Friend? I~, K ❑ 32x 1 o arrrwaa ' o l i t r Message From The Officers Memhershla Categories: The Denton Parks Foundation, Invites you to Individual-s25 become a member of Friends of Denton Parks. ; Family-$40. includes all members Started in 1987, the Foundation Is a 501 (e) 3 of your immediate family nonprofit organization which was formed to support the activities, programs and facilities of Corporate-$15O the Denton Parks and Recreation Department r All new memb.:rs will be sent a full-color fold-up Providing quality recreational facilities and snap or the Denton parks system is a gift, showing programs to meet the needs and expectations of the location of 41 Denton parks and recreation Denton's citimns often costs more than tax facilities. You will be notified of quarterly dollars can provide. The Foundation's Board of meetings of the Board that you are Invited to ; G i Directors works diligently to procure private attend. Members may also nominate and vote In i a . , support to augment the Department's annual the election of future Board members operating budget ' N I,a~l hul ~cr6iinly not leapt, eurHrihuiinn+ nuulc la ~ M the Ikntun fdik% fOunIIXiMn arc ht de000011e [0 ' In the last year alone: i 1 tha d nor r t ~ -The Foundation established the Legacy Forest at South Lakes Park, a commemorative tree-planting ON PARM Kc program where ciiiaens may honor the accomplish- i N menu rf special people in their lives by having o O •W t 1 tree planted in their name. a N $ C -Forty children who could not afford swimming i $ « lessons in the summer of 1997 received i L a o scholarships for lessons at the Civic Center Pool 0 5 w ` e -A grant of $2.500 was accepted by the Foundation ~so e SON c e { from the Te+tss Speedway Children's Charities to DA Pmd programs for at-risk teens. a h The Denton Parks Foundation V a s a The Foundation was also accepted u a qualifying i - e agency to receive contributions from local state and A community non-prof r organization i R e • icdcrel employees through their designated chrtrite- advocating and supporting Denton's parks t ble campaigns, r c and recreation projects and programs ~ _ ~ t Now we invilc you to support our cfrorts through memberships, grants, w by becoming a member of the Foundation contributions and fund raising. ' E Li rn a a~ n as a Friend of [)colon Parks, ' X We hope you will be a FriendI r, K. I0 32 x1❑ J' 1 • O 1 i I` • . I i ATTACHMENT TO AGENDA MATERIALS FROM MINUMS THE ATTACHED PAGES ARE THE NOMINATIONS MADE TO THE BOARDS/COMMISSIONS BY CITY COUNCIL ON JUNE 16,1998 i I~ i f, t i • 1 1 1 ~ 1i• i 1 Q 32 x lo T o 1 BOARINCOMMISS[ONNOMINATIONS AIRPORT ADVISORY UUARU is WRR$NfMLMBGR NQMINATION IUM COUNCIL 7 Terry Garland Terry Garland 1996-98 Mayor 3 Ann I louslon Ann Ilouslon 1996.98 Cochran 4 James Jamieson 1996.98 Krisloferson 5 Jim Risser Ronald Keaton 1996.98 Beasley ANIMAL SIIELTER ADVISORY BOARD SURRUNTMEMBER NOMINATION lam COUNCIL 2 Joella Orr Joclla Orr 1996-98 Durrance 3 Mary Bendzick 1996-98 Beaslcy /f G Amanda Casey 1996-98 Burroughs 11 OAIt1) 0F ADJUSTAI IF N'r IJiST CIJRRGN'fMEMBLR NOMINATION im CQUNCIL 5 liobManniug Bob Manning 1996.98 Beasley 3 GregMuirhead GregMuirhead 1996-98 Cochran 4 Joe Bcndzick 1996-98 Krisloferson 2 Larry Collislcr Larry Collisler 1996.98 Uurrance BUILDING CODF BOARD U~ CURIt1iNI hSE h1Bl t; NOMINAiIQ hm COUNCI 3 Bob Ilogemann Bobllagemann 1996.98 Cocluan 4 Bryon Woods 1996.98 Kristoferson 5 1Icnry Rifie l lenry Itife 1996.98 Beasley Alan Nelson _ 1996-98 Burroughs 7 Kcnl>flbias Ken Uoblos 1996.98 Mayor l cABLE'I V ADVISORY BOARD UI5l CURRENI'MLMUR NOMINA170N ICItA-1 COUNCIL t i O I L. T.llensley 1996-98 Young 2 Richard Rodcan 1996.98 Uurrance 3 Juanitalohnson JohnEnlow 1996-98 Cochran k.. 4 Julia Klinck JuliaKlinck 1996.98 Krislofersou {~~,.~r z~I0 32x!0 "boom u . r CIVIL SERVICE COMMISSION 'E '1' c URREN'rumR N,QMINAI'lON 7Eftk1 CM Jana Batcs _ 1996-98 City Mngr. COMMUNI'T'Y UEVE1011MEN'1'AUVISORV COMhIITi'EE DIST C RRL ]MEMBER NOMINATION EBM1 COUNCIL 5 Jcaislliuojosa 1996-98 Beasley G Peggy Pox 1996.98 Burroughs 7 Jean Ellen Rogers Jean Ellen Rogers 1996.98 Mayor 3 Kiinbcrlyrranklin SondraFerstl 1996-98 Cochran 5 Ann I lulch Ann Hatch 1996-98 Beasley BENTON IIOUSING AUTI IORI'I'Y r' ;LA' CURRENTMEMULR NOMINATION 1= 7 'Pony Soto 1996.98 Miller 7 Bob Crouch 1996.98 Miller DOWNTOWN DEVELOPINIEN'rADVISORV BOARD MEL CURUNI'MEMB13 NOMINATION •l l w SCI 3 George Ocen George Goen 1996-98 Cochran 4 Joanna IJconalli 1996.98 Krisloferson S Joy Williams 1996.98 Beasley 6 Michael Monticino 1996-98 Burroughs 7 BctlcSlierman Belle5herman 1996-98 Mayor Vacant (Resigned) 1997-99 Young EI.LC'iRICALCOUF.BOARD I UM CURB' 1MEMDlIt NOMINA]j~ T'R • 3 John W.Ilardingcr _ 1996-98 Cochran j (Master Electrician) 1 4 Fred Ilarper 1996.98 Kristoferson } I Robert L. I licks 1996.98 Young • @ • JV 11151-OIttUI,ANUhIAItKCObINIISSION )IIS r CURIMTA HW`l NOMINA110~ BERM COUNCIL 3 Diane Ricks Diane hicks 1996.98 Cochran 7 Peggy Norton Peggy Norton 1996.98 Mayor 2 Jim Kirkralrick Jim Kirkpatrick IQ96.98 Durrance lj,ru : 2.5 x 10 32 x ! n 0 IIUNIANSERVICCSADVISORYCOM11MITar 1111 CCIiA> l1 E p' NOMINA'1ION LGI1 COUNCIL 4 Vacant (Resigned) Lynn Ebersole 1997.98 Krislorerson G Plan Moore _ 1996-98 Burroughs 7 Carol Brantley Carol Brantley 1996.98 Mayor ' 2 ChailesSaunders 1996-98 Durrance 4 Wallace Duvall Wallace Duvall 1996.98 Kristoferson INFORMATION SERVICES ADVISORY BOARD ' MI CURKENfMI:bIBGft NOMINAI'10N 7.IM MOM 2 Warren Scads The City Mgr, 1996.98 Durrance Lisaurecn rcqucststhis board 1996.98 Cochran 4 Jim Kuykendalr be addressed at the 1996.98 Kristoferson S Vicki McCombs regular City Council 1996.98 Beasley fr MaurcenSaringer meeting on July 21, 1996-98 Burroughs KEEL' DEN'UON BEAU-1 IFUL BOARD 1ST CUR t'N7'MEMBEB NOMINA"rlUiJ IM! COUNCIL Larry Mullen 1996-98 Young 2 Sara Saunders _ 1996.98 Durrance 6 Beth Clark 1996-98 Burroughs 7 Vera Laney Anne Nicholas 1996.98 Mayor } Vacent(Resigned) _ 1996.98 Cochran 4 DeeDceScott UeeDeeScott 1996-98 Kristoferson r,I BRARV IIOARrJ LnI CURB' fl h EMBLJ3 NQ 10 11101 L4~L ` A 7 TcresaSlarrett Teresa5larrctl 1996.98 Mayor i i Kathy Pole _ 1996-98 Cochran 4 Lnra Ruth Russell 1996.98 Kristoferson PARKS AND RECREATION BOARD r !)JSI CCL&RLN~11 $ NOMINAT CPSlNC1i, , • 0 Annie Burroughs Dominicrolclnein 1996.98 All 0 MartllaGarcie lln)nlondRedman 1996.98 All Martha Carcla Uri Ogle Yealls - ~nPFr h~: - MMK ' ~~MILE MAR a%& MIAL~ r 1 Q t PLANNING AND ZONING COMMISSION l U3ST CURRENTMEMUR NOMINATION IEW COUNCIL 3 Carol AnnOanzer 1996.98 Cochran 5 El len I I oover Schertz 1996-98 Beasley i G Jim Engelbrecht 1996-98 Burroughs ' PLUMBING AND NIECIIANICALCODE BOARD [ CURRENT MCMUL Millardlieath 1996-98 Beasley (Mechanical Contractor) 6 Lee Capps 1996-98 Burroughs I Jeri Coe _ 1996.98 Young (Master Plumber) r' PUBLIC U'rIL1TIES BOARD Plu CURRENT MEty VIE NOMINA110 7~M COUNCIL 0 Georgellopkins Georgellopkins 1994-98 All Raymond Rednron SIGN 1110011) OF APITALS DIU CUMNI'MCMBCR ~1QM1NALlON TCRM COUNCIL I Slick Smith 1996.98 Young 3 Bill Allen UarleneMunger 1446-98 Cochran 7 Mike Wiebe Chris King 1996.98 Mayor T NI PA BOAR')0F DIRECI ORS 51A'f' R1tLN" CMB' NOMINA'110N 1'EF:M 0 UcorgeIlopkins Georgellopkins 1996-98 ALL I i rRAF'FIC SAF ETY COMMISSION • Imo, 1- CURUNTMENUR "I im COUNCI f ! 6 Greg Sa%l.o 1996.98 Burroughs , I rtadilill 1996.48 Young " rs , 2 Derckilirtsficld 1996.98 burrance ~ • • 3 Ar1Seely, Jr. Silvis Lesko 1996.98 Cochran 4 Larry Luce 1996-98 Krislorcrson' ; 2 .5 Y, 32X a •.i •O i ; HANDOUT TO COUNCIL 6/16/98. A Realty Capital Corporation TO: Honorable Mayor Miller and Denton City Council Members From: Richard A. Myers, President of Realty Capital Corporation Date: June 15, 1998 RE: The Hills of Argyle - Median Landscaping and Decorative Entry Features On Tuesday night, you will be considering our request to install landscaping, irrigation and decorative entry features in pans of the road right-of-way for The Hills of Argyle, our luxury- home development near Denton Country Club on Highway 377. We hope your approve our plans for the following reasons; L We have had these road medians in our project design from the eery beginning, including in both the preliminary plat and final plat stages. We had informed the staff that the purpose of the medians was for landscaping and our decorative entry features. Therefore, we thought our features in the right-of-way were acccptab] c, Last month, we were quite surprised when the staff informed us that we could not finish the construction of our project until we received your approval of the right-of-way features, Our half-finished entrances have hurt our marketing of the subdivision. 2. We are happy to sign the customary right-of-way agreement with the City of Denton protecting your rights to do anything in your road right-of-way regardless of whether it damages our landscaping or decorative features. 3. Our homeowners' association will pay for all costs to maintain and repair all or our improvements (which will be low-maintenance) in the right-of-way. This is a customary requirement for most homeowners' associations. Please note that none of our decorative stone features lie on top of any City or Denton utility lines. 4. To be competitive in the luxury home market today, one must incorporate our proposed amenities in the subdivision. Homeowners in this price range (S350,000 average price) expect these types of masonry, and wrought-iron entry features. These features enhance not only our neighborhood but the City of Denton, • For your review, I have enclosed photographs of sonic of the areas in question at our project, In 1 addition, 1 Fave enclosed photographs of other subdivision entry features in Southlake and Colley01c subdivisions. These other subdivision entries show what w c are trying to accomplish at our project. Please note that these entries dre all placed within public rights-of--way and are i privately maintained by their homeowners' associations. Thank you very much for your consideration of our plans. 970 South hfain Street, Suite 170, Grupc%ine, Texas 76051 (817)188'1200 Fa\ (817)168.5157 i 2 '5 0 32x 10 t 1 i AV yyn 11 1 1 ( ~ ll ft wu z,: Y• ~ ~ r'~+ r~ 2 1'p ~ r,~'.. t ~ ~~71n • 1 ~ ~~y~~ . ~ ~ i f ~ d ~ ~~~r ~r ~p~" ~ I I ~ I .w .t` t + p o ,rte V rya ~ r r, ~ t t . y r t I r 32 XI El 0 .2 u^ f h ti ,xr t~fiR»~s:~r ~?P rr, Y 'I :M•. f~. ..fit^~f q~~,~~ 9•r:.~f.p 5i r'L n r 1 • r I r O i r. r' 32XIO , i 6 IC [6'mtaB.'A ~ , I O i i it t ,y 9 J~+ Iii i ~ I ~ t i I , C t ~ ~1.R~~ Yf bx t'~~• Sy . f ~tl.~ S1 I ,YiZ' ?kSE'+'SK111i~A.1?'a'P,' , i, r, + M; h1 la~'5~, • i d In 32 x In s ; 0 i REQUEST FOR PROPOSAL (RFP) RELATING TO PROFESSIONAL SERVICES FOR THE DENTON PUBLIC LIBRARY MASTER PLAN 1998-2010 1. PURPOSE The Library Department, City of Denton, invites the submittal of proposals from firms interested in providing professional consultant services to develop and prepare a "Master Plan 1998.2010". The scope of the project includes strategic planning for services and administration as well as an assessment of facilities. Under the general guidance of the Director of the Denton Public Library (DPL), the consultant will be required to develop a Master Plan for organization, services and facilities to meet future needs. Special attention to the Emily Fowler Central Library, challenged by demands on library service in terms of space, layout, and the ability to provide adequate support systems for tech- nology, will be required. The consultant's analysis will be used to determine if the current facil- ity can be renovated to meet future needs or if a new Central Library should be constructed with an estimation of capital and operating costs to the City. 1111. BACKGROUND The Denton Public Library is a department of the City of Denton serving a city population of 71, 500 (1997 estimate). Located within Denton County, DPL joins fourteen other public li- braries in serving the 352,050 people in Denton County. Located 38 miles north-northwest of Dallas and 36 miles north-northeast of Fort Worth, Denton is the home of two major universities, the University of North Texas and Texas Woman's University. The City of Denton has a Council-Manager form of govemment. The Assistant City Manager of Finance appoints the library Director. The seven members of the Library Board are appointed by the City Council. The Library Board reviews and makes advisory recommendations to the ! Director on issues regarding operating policies and programs of the library and long-range capi• ! tal improvement planning and policy. The Board also considers Library Department matters brought to them by the Director. The Director is the chief administrative officer of the Library. Altogether, ten librarians and 24 support staff operate the Denton Public Library System. . The Denton Public Library System consists of the Emily Fowler Central Library in downtown Denton and one branch library located in South Denton near Golden Triangle Mall. The Central 0 ! Library has a collection of over 128,000 items, inclu&ng a special research collection in Texas and local history, genealogy, and archives. The Central Library collection supplements the 25 10 32XI❑ • MOW o . f Request for Proposal Denton Public Library Page 2 resources of the Branch library and also serves as the hub of the library's administrative and technical services. The South Branch Library, with 10,1+00 square feet and built in 1995, holds a total of over 28,000 items. Together the two locations handle 573,000 circulating transactions, 101,000 reference transactions, and 268,000 library visits c, year. The Emily Fowler Central Library faces many unique challenges as a historical building with an architectural heritage unique to Denton. The core of the Libra.-y was designed and completed in 1949. Prominent'Fexas architect O'Neil Ford completed the first major addition to the building in 1969 and the second addition to the library in 1981. At 25,0011 square feet, the Emily Fowler Central Library also includes a 1,200 square foot atrium garden ar ^a, which is maintained by the Women's Federated Garden Clubs of Denton. The Central Library building is inadequate in terms of space allocation and electrical capacity to meet the changin; needs of library lzsers. For automation, the Denton Public Library uses the DYNIX online integrated library system, which is running on an IBM RS-6000 platform. Public access to DPL catalog is available through dial-up capability to the online database and to the Texas Woma,i's University catalog. There are 18 public access 486 computers located throughout both libraries. Graphical interface to the Internet is available on ten dedicated 486 computers at both libraries. Staff computers are Pentiums attached to the city of Denton's Novell network via fiber optic calling, Ill. SCOPE OF WORK The Library wishes to determine if its current Central Library facility can be updated and reno- vated, or i r a new Central Library should be constructed in order to provide services that are the most valued and effective for its present and future customers. A strategic plan is needed that will maintain a highly used library in a growing community. Given these needs, the scope of work for this project contains three elements, 1. The development or a master plan for library services and organization, 2. A building needs assessment for the Emily Fowler Central Library in terms of { site, size, structural stability, soundness, aesthetics, electrical and mechanical systems, lighting, compliance with ADA standards, functional layout, flexibility, wiring and telecommunication considerations, and related criteria in tern; of its useful life. 3. A facilities plan to bring the Emily Fowler Central Library to standard through recommendations for renovation, alternate arrangements for other ypes of usage, 1 • or future development. O • These three elements will be combined to serve as the Mastcr Plan for the Denton Public Li- brary, 1998.2010. The consultant(s) is expected to propose a strategy for developing the Master i c Olaf." , 0 i Request for Proposal Demon Public Library Page 3 Plan. Of particular interest to the Library management are the steps and the order in which they are to be taken to develop and implement the Master Plan. The Master Plan should have a suffi- cient scope to include an evaluation of where the Library is today, including the current building I and site, personnel, and customer service. It should address the projected population and other demographic data in terms of evaluating the long-range needs of the community as well as issues of land usage of another site or sites, and alternative errangements for other types of usage. The document should contain recommendations for the Library's mission statement, public service roles, collection development, program priorities, administrative organization, and tech- nology; an assessment of existing facilities and future facility needs outlining the condition of current facilities and their capabilities, and a recommendation on renovation or construction of a new Central Library with cost analysis including on-going maintenance of the building. The document will be given to the Library Director in draft form for review and input. The Li- brary Director must review and concur with all recommendations before final documents are drawn. Tasks to be specifically performed by the Consultant(s) are: I . Involve the community in the planning process. The consultant is expected to propose the means by which to gather broad based community input in the plan- ning process. 2. Contribute substantially, orally and in writing, to the Library's decision-making process by providing presentations to designated committees and other groups, 3. Work closely with designated staff as necessary on tasks related to the Master Planning Process. 4, Analyze and interpret Library, local, and suppleme..:.ry data. ` 5. Be able to begin work immediately upon finalization of contract. IV. REQUIRED QUALIFICATIONS Given the scope of the project, the Library management is seeking a qualified consultant firm experienced in providing the services outlined in the Scope of Work. The consultant should have in-depth knowledge of traditional library services and resources. A clear sense of where new technologies are headed and their potential applications in library settings is important. Knowl- edge of space planning, building evaluations, and provision of architectural services is essential. . A proven track record in meeting deadlines and achieving positive results with other public li- brary projects is highly desirable. 0 • 2-4) 32XIO 0 Request for Proposal Denton Public Library Page 4 The consultant's firm shall also encompass the following general qualifications, I . Demonstrated ability to work with diverse groups of people and individuals repre- scming different educational, cultural, and socio-economic backgrounds. 2. Demonstrated knowledge of operations research, survey research methods, stasis- tieal analysis, mediation of focus groups, data analyses, and experience integrat- ing findings in planning analyses. 3. Professional space planning, architectural, engineering, and building evaluation services experience. 4. A minimum of five (5) years of library consulting experience or senior adminis- trative professional public library experience with solid experience in strategic planning. V. PROPOSAL ORGANIZATION AND SUBMISSION REQUIREMENTS The proposal shall conform to the following outline and include: Qi,eniew/Srepe of work. To convey the Consultant's understanding of the Master Plan objectives and requirements. Rey rm s-athe Firm and Staff Include qualifications and experience of the firm as they relate to the proposed services. Oesrrl~2rion onsulting Team. Provide listing of key personnel assigned to this project and in what capacity; including qualifications and experience. Plan of th ork and technical approach. Ad cscript ion of the proposed course and se- quence of action or tasks including methodologies and a time-phased statement of project milestones. tludi, approach mrthodoloZ, and process. Include phasing and/or steps, giving the in- cremental cost essocialed with each. Please address each component listed in project scope giving estimated hours to be spent and costs associated with each. Rrferenres. Provide at least three recent references for similar studies; include summary of the study and name, address, and telephone number of person to contact. 1 ,I 25 x10 32.x14 0 i.ui., A H n... -n.... 11-C. i1'i:.rMAxx n,xpr♦ nii.ir.,x . i Request for Proposal Denton Public Library Page 5 Submission requirement,. The proposers will submit ten (10) copies of their proposal. Proposers may feel free to include any additional information that might be helpful in the selection process. VI. PROJECT TIME FRAME Following an evaluation of the RFP responses, prospective consultants will be interviewed in person by a panel of City representatives. It is the intent of the City to have the consultant(s) selected by May 1998 and the project fully completed by August 1998, If this timeframe is inadequate, please address in the proposal te- sponse. VII. CRITERIA FOR EVALUATION OF PROPOSALS The Library Director and Assistant City Manager of Finance will review the proposals. Each proposal will be thoroughly evaluated based on conformance to all the requirements stated herein. The Library Director and Assistant City Manager of Finance will then determine the number of respondents to be interviewed. Criteria, which will be used in evaluating proposals and selecting the Consultant(s) or firm, in- clude: I . The responsiveness, comprehension, and quality of the proposal in response to the RFP (10%). 2, The technical quality of the work plan and methodology, including proposed so- lutions specifically designed for the D^nlon Public Library System (20%). 3. Experience and qualifications of the consultant(s) (10%). max, j 4. Abili:y to document and present recommendations clearly in written format 5. References from previous clients (15%). 6. Previous experience with public municipal libraries on similar projects (15%). 7. The overall expertise of the personnel proposed to perform the work (15%)x • • ,r ' 25 x 10 32 X I O ~ r l.. a - Y r r ' 0 1 • 1 lk1/!c!9 . 1 , r. ..,...a m.w. .....i ..,....rr>.re.a..e,..., ."v.....,.r..ww.:..n.,.u...ww,»~..n..M.. wro..:n".:......., r I.. . r Request for Proposal Denton Public Library Page 6 r The Library Director and Assistant City Manager of Finance will utilize judgment and common sense in identifyii.i :he selected Consultant. The award points will be used to assist the team in rendering a decision through empi-ical analysis, however, the City reserves the right to conduct other evaluatiwa and measurements of Consultant responses as may be required in order to ren. der an informed and optimum decision. } p; I j i I 1 1 1 y/ , i 1 1i Y rA s , I 1 Y f ~aa,x „ 32 x 1-- 11111111111111W e7 , REVISED COST PROPOSAL FOR CONSULTING SERVICES DENTON PUBLIC LIBRARY SUBMITTED BS' CAROL BROWN ASSOCIATES, HH ARCHITECM AND MEYER, SCHERER, AND ROCKCASTLE Caro! Brown sadc C n,ices Initial investigation of library and community on-site 40 hours Preparation of focus group script and two surrey instruments off-she 16 hours Conduct focus groups and participate In building evaluation with architects on-site 40 hours Prepare first draft of long-range plan off-site 64 hours Prepare find draft of long-range plan off -site 24 hours Present master plan to city officials and community groups (will cover a madmum of tAo trips and two presentations) on-site 8 hours Additional meetings on-site off-site 16 bourn Total 208 hours, $90 per hour 18,720 Compilation of data from two surveys, madmum 1,00a surveys (includes spread sheet !,rep for tallying, tallying/ I j data entry i,jd verificatlon, compilation orans"sto open-ended questions) off-site too hours 100 hours, @ $20 per hour 2,000 Tot &I cost, CBA, fees for all services: 20,720 • • k 4 f 25,( 10 32XIO (1 MEMO" 0 'y r r HHArchilects HH Architects will terry out ail parts oftbe project related to the pbysicellstructursi assessment of the Emily Fowler Central Ulkary and site(s), including the work of the engineers. HH will also be involved in developing the building plan for the central library (along with CBA and MS & A) E and will prepare any drawings needed to illustrate the building recommendations, McConnell, 80 hours, @ $100 per hour 8,000 Engineers, Structural and MEP, 50 hours, $80 4,000 (Additional hours needed for engineers will be billed at the ate of $90 per hour) Total cost, HH Architects; 12,000 , Meyer, Scherer, and RockesNle MS & A will carry out all pans of project related to assessment of the functional aspects of arts o the Emily Fowler Central l.t'brsry. MS & R will tale primary responsibility for developing recommendations for the central library related to the expected function of the building and the findings of the building and she assessments. MS & R's recommeodstiooswill relate to community Input ad the stealing master plan for the library. Scherer, 40 hours, @ 5100 per boor 4,000 Poling, 60 hours, @ S 100 per hour 6,000 Total cost, MS&R: I0,000* •Includes evaluation of current central library the and a maximum of two additional sties selected in consuhatIna with appropriate city departments. Houn needed for evahation of moteshe, will be charged a the hourly rate for fee, for the Arhhects quoted here. 'Vill i K t , t I 1' 1 r 1 a ~ S [in's ~ 1 r f r r s 1.1 r , ; i f~ 1, f I f , e ' y *PAM • + O l l I 1 , I t Expenses: CBA, per diem for food and lodging, 10 days 4 ® $100 per day 1,000 s' HH Architects, mileage for personal cars, 8 trips by McConnell and 2 engineers, each trip 80 i; miles round trip, 640 miles, @ .32 per mile 205 MS&.R, sirfue, 4 trips, @ muadmum $500 2,000 ii MS&R, contingency per diem for food and lodging, e 2 days, ® $123 250 MS&R, car rental, maximum 4 days, @ $75 per day 300 Total expenses 3,735 f Summoryi Total fees, Carol Brown Associates: 20,720 Total fees, IIH Architects and engineers: 12,000 Total fees, Meyer, Scherer, and Rockcastle: 10,000 Total fees (CBA, IIH, and MS&R): 42,720 Total expeows (CBA, HH, and MS&R): 3,755 Total fees and expenses (CBA, Hlk and MS&R): 46,475 t ' t~ t / r?I 1 10 32 x • o REVISED LIST OF WORK 1. The library will supply existing data regarding the libnty and the city, including, but not " limited to, architectural plans of the existing central building, annual library usage statistics, collection sizes, long range plans, organizational chart, door counts, acquisitions and withdrawal statistics, technology plans, and library budget information. CBA will confirm the final work plan and will schedule the fast site visit with the Library Director by phone, Brown will be on-site approximately five days for the futq site visit. The first site visit will Include the following activities, in addition to any others suggested by the Director. • CBA will interview the library Director and other staff members,-either individually or in groups--and meet with selected city officials, city department heads, school system representatives, Friends of the Library, and other relevant community leaders. • Brown will hold an initial meeting with the Library Board to discuss their expectations for the planning process and to discuss continuing communication during the project. • Brown will discuss the organization of focus groups (and, if requested, surveys) with the Library Director. 2. The library staff will organize focus groups and make initial phone calls to possible participsnts (based on a script supplied by Browny and send letters confirming their participation (based on a sample letter supplied by Brown). Brown will prepare the questions to be discussed by the focus groups, with Input f}om the architects, and will review the questions by phone and far with the Library Director, During a second site visit, CBA will conduct five focus groups and/or community forums and carry out additional meetings and interviews for the purpose of collecting information. Service respon ses for the future of the hbrary will be selected with the Library Director and others. A Brown will discuss possible sites for additional branches with the Library Director and tour areas under consideration by car, i 3. The architectural team will evahate the Emily Fowler Central Library and site. For the Initial and primary investigation, McConnell, Scherer, and Poling will ail be on-site. Brown will be on. site at the end of the she visit to discuss the architects' findings Preliminary evaluation of other O sites will also be completed during this visit. O • I 1❑ 32XIO Mari t. • O f awnn++ i , 4. Following their evaluation, McConnell, in cotimhation with Scherer and Poling, will prepare a preliminary report of their evaluation of the building and site(s). Poling will make a follow-up visit, ifaecessary. S. Following the focus group discussions, CBA will prepare two awry Instruments in con whation with the library Director (one survey for use in the library, one survey for use with groups outside the library). The library staff or volunteers will conduct the two surveys on-site. CBA will compile and analyze the dots, 6. Auer the completion of the information gathering, Brown will compile the dots from the focus I groups, surveys, and all other information gathered. 'Ile inhial findings of the architects will be discussed with the LibraryDirector. Brown will write aft &all ofthe ouster plan (in consultation with the archkects) that incorporates the architecture! evehation of the central library, the site evaluations, and building recommeodnions, McConnell will prepare any drawings needed to illustrate the building or site recommendations. HH and MSR will prepare preliminary cost estimates to accompany the building recommendations. CBA will prepare estimates of annual operating costs, in consultation with 1411 and MSR. The master plan will Include: 0 A discussion of demographic Information relevant to library planning for Denton Public 1.1brary, • Discussion of the community input received through focus group discussions, meetings, and interviews (the basis for the recotmttendationz). • An assessment of existing library collections, services, technology, and staffing. • Ile archhects' assessment of the Emily Fowler Central library and she and other possible sites, Consideration of possible alternative uses of the Emily Fowler building. Discussion of possible she% for future branches, as indicated by the focw group discussions, surveys, and ott-she investigation. • A new library mission statement, selected service responses, and twelve-year goals • and objecthes for the expanded hbror% that evmmarize the ouster plan , recommendations. • Recommendations for future collections, services, lech_nology, and staffing. • Archkectural recommendations end preliminary space allocations for the central 0 library and, If relevant, recomtnendstions for the use ofthe Emily Fowler building. sl, • Estimated capital cost of facilities and other reconttnendations and evalauted "i9rt' annual operating cost for pro%iding the recommended collectbns, services, and staff in new or expanded facilities, ; 1 25 K10 32X I ri i h h~ 1. ~ 5`.1 t O + , L y ` h1C7NPN t C7 L" lxr'. The first daft report wM be sent to the Library Director for review. The final report will not be completed until dl requested revisions have been nude by CBA and the Director concurs with all of the recomcneedstione. 7, After revlsiona requested by the Library Director bave been made, CBA will submit the final master pin. i L !8. CBA, HH, and MSR witl nuke additional site visits, as requemed, to present the fmal meter plan to city officiats and community groups, r h I 1 I, f • f f l tv t 1 . , A. 1 L , ~l C 3. r 1j I > n, 1 , n ~ 1✓ ~ a " , Oll Q REVISED WORK SCHEDULE Contact awarded June 16, 1998 { Confirmation of work plan and scheduling of first site visit June 17 -July 13, 1998 First CDA site visit, initial investigation July 13. 17, 1998 On-site evaluation of Emily Fowler Central Library and sites by CBA, HK and MSR July 13.16, 1998 (or alternate date in July to be determined) Evaluation report prepared by FIH and MSR August, 1998 Additional collection and compilation of library and community information by CBA August, 1996 Organintion of focus groups and confirmation of attendance by library staff', in consuhatioo witb Brown; preparation of fast draft of surveys by Brown August 3 • September 11, 1998 CBA site visit, focus groups conducted September 14. 18, 1998 Final draft of survey instruments prepared by Brown September 21 -October 2, 1998 Surveys conducted by b'brary staff October 3. 16, 1998 r i ' • First draft of master plan prepared by CBA October 19 • December 4, 1998 i rvet draft of master plan reviewed by Library December 7, 1998 • January 4, 1999 Revision of draft of master plan January 3. 18, 1999 Mal plan submitted January 2f1, 1999 w s .ti.. K 32 x a zti U a ' " U CBA PROPOSAL: MASTER PLAN 1998-2010 E FOR I DENTON PUBLIC LIBRARY ! DENTON, TEXAS RFSP # 2128 I • Submitted by Carol Brown Associates with HH Architects and Meyer, Scherer, & Rockcastle, Ltd. 32 Y.:}I~ tea. vi a , ~ r o r 0 r t' 1 v ~ s 1, M r ' . 3 r a r1. I s' r PROPOSAL: MASTER PLAN 1998-2010 Y. . FOR I DENTON PUBLIC LIBRARY RFSP # 2128 s SUBMITTED APRIL 239 1998 R TABLE OF CONTENTS f, Section I: Overview/Scope of Work Section 2; Resumes of the Firm and Staff Section 3: Description of Consulting Team R I Sections and S: Plan of Work and Technical Approach/ Study Approach Methodology and Process r Section 6: Reference Section 7: Eliminated Section 8: Additional Services Offered t Section 4: Representatlve Work • Meyer, Scherer, and Rockcastle q U r, ~ 32X . r' 0 0 t 1 i SECTION 1: k OVERVIEW/SCOPE OF WORK i 32 x I y , 0 ' Overview/Scope of Work i Denton Public Library is seeking the services of a qualified team of consultants to ' develop a master plan to guide the library for at least the next twelve years. The objectives of the study are. 0 To prepare a master plan that addresses the lbrary's mission, roles/service responses, collections, service/program priorities, administrative ` organization, technology, and facilities • To complete a building needs assessment for the Emily Fowler Central Library in terms of site, size, structural stability, soundness, aesthetics, electrical and mechanical systems, fighting, ADA compliance, layout, I Flexibility, wiring and telecommunication considerations, and related criteria as they relate to the building's useful life. I • B.,ed on the assessment of the Central Library and the recommendations included in the master plan, to develop a facilities plan for providing a I central building that will support the library's mission, service responses, goals, and objectives through renovation, alternate use of the existing building, construction of a new building, or a combination of renovation of i the Emily Fowler building and construction of a ntw facility. 1 Carol Brown Associates (CBA) offers a team of qualified firms to provide the I required consulting services The principal consultant for the project will be Carol Brown Brown will be working with two architectural firms, Dallas-based HH Architects and ' nmionallyknown library architects, Meyer, Scherer, and Rockcastle (MSR, located in Minneapolis, SM Carol Brown Associates will be primarily responsible for developing the master plan ITH Architects and SISK will complete the assessment of the Emily Fowler Central Library and will work with CBA on studying the existing and other possible sites, k O • developing a plan for the future library facility, and determining cost estimates for both construction and on. going maintenance for the proposed building(s). I I I 10 32XIO e 0 resin i ' The CB 'L team has the qualifications required in the RFP. Carol Brown has a master's degr ee in library science, 17 years of library experience (most of which involved administratioi), and ten years of full-time experience in consulting and building planning. Brown has been involved in over 75 library building and planning projects in Texas and many other states, In 1945, Brown published her second book, Planning Library buerlors. Research completed for the book, attendance at numerous conferences and ' workshops, and experience with libraries nationwide has J rovided Brown with in-depth knowledge of traditional library services and resources as well as a clear sense how new t technologies will be applied in library settings. f Brown has completed space plannhig and building evaluations for many libraries Because of success in initial contracts, Brown has done repeat work for Carrollton Public Library, Lancaster Veterans Memorial Library, Pacific Grove Public Library (CA), i ! Johnson City Public Library (Tl), West Baton Rouge Parish Library (LA), Jefferson ` Ps. ish Libra: y (LA), Fort Bend County Libraries (TX), and Summit County Libraries (CO) Brr,wn has the required minimum of five years of conwhing experience, as well as k senior administrative professional public library experience and solid experience in strategic planning Carol Brown has a demonstrated ability to work wash diverse groups of people and individua;s representing different educational, cultural, and socio-economic backgrounds. Brown was involved extensively with diverse groups during her 13 years working with branch libraries at Houston Public Library and during her consulting work for several 'I e o • IJ I years with San Francisco Public Library. During her years as full-time consultant, she has UdEna k, Now s 0 t worked with communities ranging in size from a few thousand people to more than a million, She has completed projects with small Texas towns with low income and educational levels and cities with high income and educational levels. Brown has conducted focus groups and surveys innumerous cities. When in- ' depth operations research and statistical analysis are required on a project, CBA contracts with other research experts to provide special services. Brown completes the data analysis and integrates the findings into the master plan herself. (If a random telephone survey is required by the library, CBA will sub-contract with Fort Wonh-based National Service Research to conduct the study and compile the results.) The professional space planning, architectural, engineering, and building evaluation services will be provided by two architectural firms teaming with CBA, Both of the architectural firms have extensive library experience, HH Architects completed planning i for public libraries in DeSoto, Carrollton (Frankford Village Branch), Grapevine, Terrell, 1 and Dallas Public Library (Dallas West White Rock/WUman Southwest Branch), as well as planning for several school learning resource centers and other special libraries. Meyer, Scherer, and Rockcastle specializes in libraries and has developed plans for more than 40 public libraries and marry academic libraries in numerous states. The firm has an excellent understanding of!he function of public libraries and the interface of libraries buildings and • ! electronic equipment, Because of the'v expertise in technology Lad libraries, MSR is frequently hired to rerdew the power and data plans of projects designed by other architectural firms f f { ~ I y y 32X • 0 ti ' The Denton Public Library master plan will be developed using a process ! employed by CBA in other Metroplex libraries, including Carrollton, Cedar IN, ' Duncanville, and Lancaster (as well as other master planning completed for Pacific Grove, California, West Baton Rouge Parish, Louisiana, and Williamson County, Tennessee) When applicable, CBA will employ methods suggested by the Public Library Association ' in Planning and Role Sewing for Public Libraries and in Planning for Results, the new PLA process. (For the specific process for Denton Public Library, see Section 4) t The CBA team will perform the specific tasks outlined on page 3 of the RFP Broad-based community support will be gathered primarily through interviews of library staff, city officials, department heads, and community leaders, through meetings with relevant groups, such as the Library Board and Friends, and through focus group I discussions conducted with individuals representing a wide variety of population groups in I the city. In addition to conducting new investigations, CBA will collect, analyze, and I compile existing data relevant to developing the master plan, including demographic 1 information, library statistics, the results of library surveys conducted in recent years, and other relevant supplementary data. (Additional surveys will be conducted by CBA with I the assistance of the library staff and/or a sub-contractor, if required,) The CBA team will work closely with designated staff on tasks related to the master planning process CBA, IIH, and MSR are all qualified to contribute to and to participate in your decision-making process As evidenced by the credentials included in this proposal, all of the members of the team are experienced in making presentations to comathtees and O • community groups, in facilitating discussions, and in communicating orally and in writing, ; For example, Carol Brown has written two books on library f irrdture and has been 4 i. OKI", xx~ . 1 WIPMM ' presenting workshops to members of the Texas library systems for more than 20 years. Jeffrey Scherer of MSR is frequently a speaker at national library workshops and conference programs (most recently at the public Library Association conference.) r, w s n if i ' I t i I r ~ a a, i r r -t;. j X la 32xl( , e MOM o SECTION 2: I RESUMES OF THE FIRM AND STAFF I~ { • O • r C 32X a SsamY~Tl ' O I 4 CBA CAROL BROWN EXPERIENCE Reference librarian and assistant underQradu to bbraHan n la_na University Blooming on_ todiana Book selection; general reference; hired, trained, scheduled, and supervised 20-25 part-time student employees; supervised circulation desk. Assisted with space planning and move to new building (Four years) Adult sl&ci list, Office of Material Selection Houston Public Librerv. Houston- Texas. Coordinated selection of adult materials for Central Library and 25 branches, recommended purchases for Central and branches; implemented an extensive weeding program in the branch libraries; assisted with allocation and monitoring of a $1,500,000 annual materials budget; selected opening-day collection for new branches (1975-1977) Mana¢ r ! I gman Branch. Houston Public Library. Managed and supervised all operations or & 17,000-square-foot regional branch with 25 employees. Responsible for branch collection development and the expenditure of an annual $125,000 materials budget; general reference and reader's advisory service; outreach, building maintenance; circulation; preparation of recommended budget for the branch; monthly and annual reports (1977 1979) Asdsrant Chief Branch Services Houston Public Library. Supervised all operations of 23 'IS of the 33 branches of Houston Public Library (as many as 17 at one time). Supervised extension services operating out of the Library Resources Center, including three bookmobiles, Books-By-Mail, M D Anderson PatienvTomily Library, Institutional Senses A (adult and juvenile mobile services to institutions), and Westwood Mall Book Stop, Assisted extensively with the preparation of the annual Branch Services budgets up to 56,500,000 Participated in the development of the library's Capital Improvement Program Coordinated adult programming for all branches; supervised system delivery (staff of seven) to and from the 33 branches and Central library, to and from other city departments, and special deliveries ® ' 0 O LIII Itf PLAf9ISO Co%it LM011 Can a&aai AmciAn1 woo S. Km IMOa1 awrolo, TIUL rim TILL tlaq 6651111 FAX: (w) IDFIrs 4 3-)X b 0 0 ~Ia I Involved in the building of 11 branch libraries for Houston Public Library , Also did major refurbishing or renovating of six other branches. Duties related to building projects included site selection, the writing of building programs, participating in team meetings, reviewing building plans and specifications, space planning the interior, custom-designing service desks, tables and computer/microform workstations, selecting furnishings and equipment, writing detailed bid specifications and accompanying bid document, handling the bid of items purchased, ordering all supplies for the opening of the branches, planning the grand opening of the branches Also wrote specifications for the recarpeting of several branches and the move of several library collections, Planned and supervised the move of three opening-day collections from Central Library to new branches, using the delivery staff Worked extensively on public relations activities for the branches, For two years, conducted seminars on working with the public for all clerical employees new to the library system. Purchased, planned and developed the first Porta-Structure in a shopping mail west of the Mississippi. Developed and wrote the first annual marketing plan for Houton Public Library System (1979.1988) Li_ brary consuhanl, Houston Texas (1976-present) While working at HPL, conducted f workshops on weeding library collections, collection development, and working with the public. Also consulted on several library building projects. Resigned from Houston Public Library in 1988, to establish own company, Carol Brown Associates, which provides library and office planning, consulting, and interior design. Has worked on more than 75 library building projects involving spaces ranging from 5,000 - 377,000 square feet, Has expert knowledge of furniture construction and electrical standards for office furnishing. Familiar with major Lies of contract office furniture, planning the automated office, the role of the environment in marketing services and products, and the performance testing of wood furniture Consulting work has included assessments of existing facilities and services and providing recommendations regarding expansion, site selection, preparation of building programs, determination of the square footage, adjacencies, volume capacity, and staff needed in new and renovated buildings/spaces, space planning of interiors, review of architectural plans and specifications, selection, specification and ordering of furniture and equipment, hiring staff and setting up the operation of libraries, planning moves, and engineering grand openings AUTHORSHIP s Author of Selecting Library / nriolure, R Guide for Librarians, Designers, amiArchitects, published by Oryx Press in 1989 The second edition, entitled PlannixgLibrary Interiors; the Selecuonr of l widshings fiw the 21st Cenlrlry was published in 1995, The latest book includes general information about planning library interiors, a process for selecting furnishing, information on the construction of wood furniture, the interface of electrical systems in furniture with building power and data, the ADA and furnishings, and indoor air O 0 quality, criteria for selecting library shelving, service desks, chairs, tables, offss,e furniture, signage and display, a chapter devoted to planning library spaces for children, and chapters about the bid process and the library furniture market. y;.pt,f•i. +'sYr'L .°.A~-`+ + s i,>b~'"~+.Ai IA...1 Me N 0 ' 0 EDUCATION f R A. with majors in Fine Arts and English from Cornell College, Mount Vernon, Iowa. Graduated cum laude, (1965) I M A in Library Science from Indiana University, Bloomington, Indiana. (1966) l Participated in Management Development Program, Center for Executive Development, I College of Business Administration, Texas A & M University. (1986) Attended Marketing Planning and Strategy, Cox School of Business, Southern Methodist University (1987) ASSOCIATION AFFIL1A11ONS j j Member of Phi Beta Kappa; Beta Phi Mu; American Association of University Women; American Library Association, Public Library Association; Library Administration and Management Association; Texas Library Association Former (:Wr, LAMA, Public Relations Section, Governmental Advocacy Skills and Publications Committees; former member, Buildings and Equipment Section, Equipment Committee. Elected member-at-large of the Executive Committee, LAMA, Public Relations Section, 1994. Listed in Library Buildings Cortudraat List, American Library Association, Library Administration and Management Association, Buildings and Equipment Section, Chicago, 1996. Listed in Who's If ho ojAmerierut Women FACILITATION, PUBLIC SPEAKING, AND TRAINING EXPERIFNCE Presentations at numerous community forums, library board meetings, and city council meetings. Workshop i "Planning Library Buildings" Presented for members of North Texas Regional Library System i November 14, 1997 Facilitation of Community Foci is Groups and Community Forum I Four Sessions for Pacific Grove Public Library Q Pacific Grove, California L I May, 1997 I I ~ ) ) ~ W~ 0 O I t Workshop This Old Library, Tips for a Public Library Makeover' 1 Public Library Trustee Institute Presented by Kentucky Department for Libraries and Archives and the Kentucky Library Trustee Association 1 Lexington, Kentucky F May 11, 1996 Facilitation of Community Focus Groups Four Sessions for Duncanville Public Library Duncanville, Texas February, 1996 f Facilitation of Community Focus Groups i Five Sessions for Veterans Memorial Library Lancaster, Texas September, 1996 Facilitation of Community Focus Groups Four Sessions for Us Bryant Wylie Library Cedar Hill, Texas May, 1995 Presentation for Annual Sales Meeting Buckstaff Company November, 1993 Workshop "What Is The Service Image of Your Library?" Presented for the Houston Area Research Library Consortium December 10, 1992 Facilitated Development of Library Goals and Objectives with Library Staff Carrollton Public Literary Carrollton, Texas January, 1992 Facilitation of Community Focus Groups Four Sessions for Carrollton Public Library Carrollton, Texas November, 1991 ~b i 31,K ICI 9 o Training Program for Focus Group Facilitators and Interviewers Shreve Memorial Library I Shreveport, Louisiana October, 1991 1 Communication Workshop "Effective Communication, Your Responsibility to Patrons, Colleagues and The Boss" Presented for Houston Area Law Librarians September, 1990 Communication Workshop Presented for Williamsburg Regional Library September, 1990 Workshop "Dealing with Difficult People" Presented for Houston Area Library System Five sessions, July, 1990 Communication Workshop "Communicating with the Public" Presented for the Three Rivers Library System Glenwood Springs, Colorado April 27, 1990 Workshop "Selecting Library Furniture" Presented for Three Rivers Library System Glenwood Springs, Colorado April 27, 1990 Communication Workshop "Working with the Library's Public, Effective Communication Skills" Presented for Colorado State University, The Libraries November 16, 1989 Houston Area Library System Basic Skills Institute "Interpersonal Communicadorulnteraction with the Public" Presented for Houston Area Library System May 17, 1989 • Texas Library Association Contributed Paper 0 "HPL's Image and You A Staff Development Program" Annual conference, 1988 1 1 32 x f i dmwftlw 0 I i ' i I Management Workshop "Image 11" j Presented for Houston Public Library managers I Pilot session, November 21, 1985 1 Communication Workshops 1 "HPL's Image and You: How to Meet the Public" Presented for Houston Public Library Numerous sessions, 1983.1985, presented to all newly-hired clerical employees of the library system Communication Workshop "The Librarys Image and You How to Meet the Public" Presented for the Houston Area Research Library Consortium, Staff Development Committee March 11, 1982 Communication Workshops "The Library's Image and You, How to Meet the Public" Presented for Houston Area Library System Four sessions, January, 1982 Community Library Collection Development Workshops "How to Select Library Materials" Presented for Houston Area Library System Four sessions, November, 1981 Community Library Collection Development Workshops (on the selection of materials in the sciences) Presented for Houston Area Library System Four sessions, September, 1979 Workshops on Weeding Library Collections Presented for Houston Area Library System Four sessions, July, 1971- January, 1978 ~I ~ 4 I f i 1 32 x P=41 i Srl I ~ 1 ~ C a r cwrnnr ; ...,.•.i ..u,.:. v,.ex~<,P1.H. rnrv.%'/P4A ea,-,lyy...«f°•«.......,-. JONES C. McCONNELL, JR. AIA Pnncipal I EDUCATION 1 Bachelor of Architecture, Texas Tech University 11973 REGISTRATION Licensed Architect: Texas PROFESSIONAL AFFILIATION American Institute of Architects (AA) Dallas Chapter Texas Society of Architects EXPERIENCE Jonesy is a principal with HHArchfteds and serves as Principal-In-Charge Architect on multiple projects. He has been with the firm since 1978 and ! worked on a wide variety of projects, including educational, municipal and religious facilities. His leadership ability and personal approach enable projects to move from the design concept through working drawings with extra, omentum. AWARDS Dallas Chapter CSI -CeMkale of Appreciation, 1984.85 OTHER ACCOMPLISHMENTS United ;tales Air Force, 1989-72 -Technical Illustrator with Headquaders of United States Air Forces in Europe, 1970.72 Southwestern Watercolor Society President. 1892.93 -Vine Presidenl, 1991-92 -Board Member, 1982-84 !Membership Show Chairman, 1990 -Membership Show Vice Chairman, 198.# -Signature Member, 1988 ' Richardson Civic Art Society -President, 1982-83, 1983.84 -V4e President, 1981-82 First United Methodist Church; Richardson •Cifficial Board Member ' j Surr. Aar Musicals, Set Designer, 1984-88, 1991 -rat llities Committee Member i -Adult Sunday School Teacher - 5r. i ~ 10 i a 1 r r r ,r x " s , ..:y Jl/:!' 1 .'t'.:i:.^.1 .5!3.iE {i'fa'.;+•1....i S'4,Mfi~.•I~v v iv ire. r.y w.~.,m ' % t J. DAVID SHANKS AIA Pnncipai, Executive Vice President - Director of Design EDUCATION Bachelor of Science in Architecture, University of Texas at Arlington 11974 t Master of Architecture, University of Texas at Arlington 11977 REOISTRATION Licensed Architect: Texas NCARB Certified PROFESSIONAL AFFILIATION u'1 American Institute of Architects (AIA) Dallas Chapter Texas Society of Architects r EXPERIENCE David serves as Director of Dasign for HHArchdacts. He brings to the project team extensive design experience in large multifunctional Institutional and educational facilities and is responsible for directing the t 's overall design efforts. In addition to his ten veers with HHArchifects, David served for six years as Manaoing Principal of another architectural 'rm and also held the position of District Architect for the Dallas County Communil; College District "a 50,000-student seven-campus organization that is one of the largest in the nation, HHArchifects' clients have the benefit of David's unique "owner's" perspective, I , 1 ' I ' f I .k ri ~ r r W7ndr tc~ r. ayF~ k L. ~J 10 , a 2 32X ras~sa tD I I JERRY L. NALCOMB AIA CS1 CCS President R EDUCATION Bachelor of Architecture, Oklahoma State University/ 1963 Oil from L'Ecole des Beaux Arts de Fountain3leau France t 19134 Master of Architecture, Oklahoma State University 11965 REGISTRATION Licensed Architect. Texas, Oklahoma, Colorado, Florida, Tennessee, Alabama, Georgia, Maryland, Virginia, New Mexico, Louisiana and Missouri NCARB Certified Certified Construction Specifier (GCS) Registered Interior Designer: Texas - PROFESSIONAL AFFILIATION American Institute of Architects (AIA) Dallas Chapter .Texas Architects Committee, 1989.90 Conxnissioner, 1987-88 -Commission on Communications (Sxecutive Committee) -Professional Development Committee Chairman, 1988-87 -Fellowship Committee, 1988-87 Texas Society of Architects Construction Specifications Institute (CSI) Dallas Chapter -Dallas CSI Foundatio„ Board Vice-President, 1992-25 -Director, 1981.85 -President, 1980.81 -First Vice President, 197&80 .Technical Committee Chairman, 1879-80 Secretary, 1978-79 ' interfaith Forum on Religion, Art & Architecture (IFRAA) EXPERIENCE Jerry is a founding Principal of HHArchifects In addit'v+n to his corporate business and administrative responsibilities as the firm's President, he is a hands-on Principal-In-Charge and Is consistently involved In the planning, programming, and design direction of projects. His extensive experience and genuine interest provide a keen understanding and Insight Ic translating the client's "needs and wants" into a cost-efbcient, I aesthetically pleasing, and functional facility. Jerry has served as ; Principal-in-Charge on a majority of the firm's projects His experience I and expertise assure a prood that rneets the needs and the expectations ! of the client. 1 ~i I t r I I I t r r~ 25 10 32X r it 0 a+oma5r O ' i f ' Jerry L. Hufcomb A1A C51 CCS • Comfinued CIVIC AFFILIATION Prestonwood Rotary Club, 1974-88 Clessifications Committee Chairman, 1987-88 Boy Scout Troop 6067Circle 10 Council -Ouldoors Chairman, 1982.83 -Troop Committee Chairman, I D81-82 Camp Fire Girls, Lme Star Council -Presidents Cou ncl1,1989- -Council Vice President, 1979.80 -Camp Long Range Planning Chairman, 197"0 -Board of Directors, 1975-80 First Baptist Church, Dallas (Deacon) -Deacon Selection Committee, 1995 -The Presidents' Class, Vice-President, 1995.98 ' -Committee on Committees r -Long Range Planning Committee. '1984-9D. 1992 -Musk Committee, 1988-90 -Music Committee Chairman, 1990 AWARDS Dallas Chapter • American Institute of Architects -Commendation for Outstanding Service, 1988 -President's Medal, 1987 Dallas Chapter CSI -Certificate of Appreciation, 1982 Dallas Chapter CSI -Honwable Mention Award, 1918 ' CSI Institute -Certificate of Merit and Appreaation, 1980-81 Camp Fire Lone Star Council -Sebago Award, 1980 Boy Scouts of America -Eagle Scout, 1958 1 Prestonwood Rotary Club -Paul Harris Fellow, 1987 I I i OTHER ACCOMPLISHMENTS Church Growth Workshop Speaker, March 1986 Prestonwood Bapllsl Church, Dallas "Stewardship of Facilities thru Master Planning" ' Conference Speaker on Church Growth, March 1988 North Texas Regional Christian Management Institute, Dallas Church GryMh Workshop Speaker, March 1988 Prestomw~od Baptist Church, Dallas I "Master Planning for Church Growth" • Sound, Light 3 Planning Workshop Speaker, September 1989 Communication Complex at Las Colinas, Dallas "A Growing Church - An Approsch to Master Punning' Architects Workshop Speaker, October 1990 Soulhern Baptist Convention, San Antonio, Texas "Case Se,.'.ISSof Award Winning Projects" r Workshop Lewder, March 1992 Church Planning d Building Expo, Memphis, Tennessee "Churelr Campus Master Planning" 0 "Design' for Dynamic Worship' Guest lecrurer on Marketing, March 1992 Architecture Class. Oklahoma Slate University, Stillwater, Oklahoma < "Canaan Heirs", Southern Gospel Quartet, Bass Guitar "Round-up Band", Country-WesterniGospel Band, Bass Guitar a 1 I ~4 - yV, 5 32xI❑I o t' LIBRARY EXPERIENCE MAIN LIBRARY DeSoto Town Center City of DeSoto, Texas FRANKFORD VILLAGE BRANCH LIBRARY City of Carrollton, Texas LEARNING RESOURCE CENTER Brookhaven College ' Dallas County Community College District J Farmers Branch (Dallas), Texas LEARNING RESOURCE CENTER s: C Central Elementary School Dallas Independent School District Seagoville, Texas DALLAS WEST WHITE ROCKISKILLMAN SOUTHWEST BRANCH LIBRARY • DALLAS PUBLIC LIBRARY (Design Architect) City of Dallas, Texas ) I MAIN LIBRARY AND CIVIC CENTER City of Grapevine, Texas MAIN LIBRARY 1 City of Terrell, Texas LEARNING RESOURCE CENTER Bonham Elementary School Dallas Independent School District Dallas, Texas MEDIA CENTEWBRARY First Baptist Church Longview r Longview, Texas l I , LEARNING RESOURCE CENTER Highland Village Elementary School Lewisv+°a Independent School District Highland Village, Texas MEDIA CENTERILIBRARY First Baptist Church Ft. Lauderdale Ft. Lauderdale, Florida , I A 101 32 x I❑ % i ewer ' i 1 ,.•t Yrrt •regbn ikn':. w, .,awn+us+sw 1MPNC4V.N¢~ ,:•n.rrn. . . i HHArchiifecfs FIRM HISTORY AND SERVICES j Founded in June 1071, HHArchlfecfs (Hatfield Halcomb Architects) is ; a Taxas Corporation serving the Architectural, Interior Design, and ■ Master Planning needs of our clients - municipal and state governments, educational and religious Institutions, and corporate and commercial' clients, NFIArchitecfs' primary objective is to mesh the professional expertise of is staff with the needs of the client • taking into account the clienCs i' budgetary limitations, the setting which the building will occupy, and the short- and long-term use of the land and the facility. From the +Y Initial concept stage to finished construction. HHArchftecfs approaches the project from the client's perspective • with emphasis on quality service and design excellence r~ Though the firm has grown from Its two original Principals to Its present professional staff, its "client pledge" has remained constant s To offer impeccable professional credentials and personal standards, creative design sophisticated production technology quality, and i responsive personal representation of each and every client. t HHArchitects provides Master Planning for clients who wish to maximize the most effective short- and long-term use of land and facilities, and to assure appreciating value for the ownerlchenl. Depending on the needs of the client, the Master Plan will graphically detail existing facilities and environment end consider programming, codes, ordinances, zoning, easements, conceptual space planning, time scheduling, and cost factors, " In addition to full Architectural services and Master Planning r' services, in 1078, HHArch,7ecfs extended its services by establishing Interior Design services to assure a sensitivity to coordination of interior finishes with the exterior aspects of a project. The Interior Design group can also provide Furniture, Fixtures and Equipment services. These Include inventory of existing furnishings, space planning, and control of all phases of Interior Design. 4 .A ' I Wth the use of in-house CADD equipment (Computer Aided Design and Drafting). HHArchdacts can provide facility management, Inventory control, and mansgsmsnt smites. l I 1 l I 32 JO o MUNICIPAL EXPERIENCE f CITY OF CARROLLTON Frankford Village Branch Library w Amphitheater Municipal Library Civic Center Master Plan City Hall Remodeling Building Remodel for Tax Department Thomas Park Development Thomas Center 8uilding Remodeling for Public Service Center Crosby Road Recreation Center Rosemeade Park Master Plan Rosemeade Recreation Center 50 Meter Municipal Pool I Rosemeade Recreation Center - Phase II Addition (on hold) CITY OF DALLAS Campbell Green Park Recreation Center I Fire Station No 11, Renovation 8 Addition Skillman Southwest Branch Library (planned) Arcadia Park Senior Citizens Center I Kiest Park Tennis Center Pleasant Grove Senior Citizens Center I CITY OF DENTON Denla Recreation Center Northlake Recreation Center Community Center Renovation Senior Citizens Center Park Facilities (in four parks) CITY OF DESOTO DeSolo Town Center Mrfrer Plan ' Mt.: ,opal Offices Council Chambers Meeting Rooms Recreation Center Library CITY OF GRAND PRAIRIE ' Park Bridge 6 Two Park Pavilions Charley Taylor Recreation Center Renovation and Addition CITY OF GRAPEVINE { I V' Convention Center Civic Center Master Plan S Municipal Library PolicelLibrafy Building Natatorium Master Plan Senior Citizens Center i i . r +~r ? 5 ~ ❑ 32X ~ r n...S T«vnk'Y'Y`.Y1^J F' TI":+[ Y#::, I t MUNICIPAL EXPERIENCE. Continued I! j i CITY OF HURST City Public Service Center for Public Works Department Maintenance Facility 6 Greenhouse Central Warehouse Facility Hurst Recreation Center i CITY OF IRVING Trinity View Park Picnic Pavilion - Covered Group Picnic Area i ' - Public Restrocros ? Delaware Creek Park Master Plan Studies CITY OF LEWISVILLE Park Development Master Plan 25 Meter Pool CITY OF LANCASTER Lancaster Activities Center Remodel CITY OF LONGVIEW 50 Meter Pool CITY OF ORANGE I 25 Meter x 25 Yard Natatorium CITY OF RICHARDSON Centrat Fire Salon Remodet Administrative Offices for Fire Departn+ent Fire Station No 2 Addition 6 Remodel f Richardson Senior Center I Fire Station No. 5 & Police Substation Huffines Tennis Center Park Bridge S Park Pavilion I 25 Meter Pool r Renovation of Huffioes Tennis Center HufAnes Recreation Center Remodel Study Heights Recreation Center Remodel Study Records Storage Facility Remodel Senior Center Remodel b Addition Study { 4 CITY OF SCHERTZ 25 Meter Pool • CITY OF SWEETWATER • ' ! 50 Meter Pool `f 1 - ~1 75'k la aYln ,i.:~ s r r p ' '~r f t 1 , r r+n ~A.n n.e 4,mv:~tiM1MS~r. NO"YMI+MC S+. n.i•Y'YV w. v-w...„. MUMCIPAI. EXPERIENCE • CominurC CITY OF TEMPLE 25 Meter Pool CITY OF TERRELL Municipal Library ' CITY OF VICTORIA 25 Meter Pool a i i i• r f f r , r ~ r' Sad, 25 32X b MS&R ' JEFFREYA, SCHERER, FAIR 1 Education Graduate Studies, Architectural Association, London, England, 1973 Bachelor of Arch;tecture with Honors, University of Arkansas, 1971 University of Rome, Italy, Summer Art Program, 1965 Teaching Experience Adjunct Associate Prufessor, CALA, University of Minnesota, 1979-Present lecturer, Central London Polytechnic, England, 1976 Professional Practice Principal-Meyer, Scherer 8: Rockcastle, Ltd., 1981-Present Projs.t Arch itect-HodnelStageberg Architects, Minneapolis, 1977.81 Project Architect-Farrell/Grimsbaw Partnership, London, England, 1973.77 Project Designer-Canddis, Josic, Woods, Schiedhelm, Berlin, Germany, 1971.73 I Residential Work: Angelico, Bertalmio; Boss; Cairns; Carls&hmeichen; Conner-Palucci; DePrer, Frederiksen; Hatlen; McDowell; McMahon; Pennock, Roos/Blind; Scherer; Sorenson Museum Work: Bakken Library & Museum Addition, Minneapolis, MN; Fiterman Fine Arts, Minneapolis, SIN; Sahara West Museum & Library, Las Vegas, NN; Southern Arkansas University Art & Teaching Building, Magnolia, AR; Frederick R. Weisman Art Museum, Minneapolis, MN (pi A Frank Cehryand As six,aW Public Library Work: Austin Public Library, SIN; Bakken Library & Museum Addition, Minneapolis, SIN; Carmel Clay Public Library, Indianapolis, IN; Champlin Hennepin County Library, SIN; Clear Lake Public Library, Clear Lake, IA; Cook Memorial Library, Libertyville, IL; Detroit Lakes Public Library, SIN; Fairfield Public Library, IA; Fletcher Public Library, AR; Fort Smith Public Library, AR; Greensboro Public ` Library, NC; Hastings Public Library, NF.; Hedberg Public Library, Janesville, W1; Hosmer Community Library, Minneapolis, SIN; Hudson Public Library, WI; Iowa City Public Library, IA; Iowa Falls Public Library, IA; Kendall Young Library, Webster City, IA; Kirkendall Public Library, Ankeny, IA; Merriam Park Library, Saint Paul, SIN; Millard Branch Library and W. Dale Clark Libnrv, Omaha, NE; Minneapolis Pobhc Library Remodeling, MN; Minnesota Center for Book Arts, Minneapolis, SIN; Mount Prospect Public L ibrary, IL; Park-Grove Library, Cottage Grove, SIN; Pleasant Hill Public Library, Hastings, MN; Prior i.akc Public Library, Prior Lake, MN; Rapid City Public Library, SD; Ridgedale-Hennepin County I Library, Minnetonka, SIN; R(xhester Public Library {book drop), SIN; Sahara West Museum & Library, Las Vegas, NV; Sar Diego Main Library Programming, CA; Savage Public Library, SIN; Southdale. I lennepin County Library, Edina, SIN; State of Ohio Library, Cojuml s; Stillwater Public Library, SIN; Toledo Public Library Ali Oshkosh Public library, w%Thousand Oaks Library, CA; West Des Moines Public Library, IA; West Duluth Library & Service Center, MN; Wescott Public Library, Eagan, MN; II f Westminster Public Library, SID; Wilkinson Public library, Telluride, CO Academic Library Work. Arkansas State University Library, Beebe, AR; Arkansas Technical University Library, Russclh ille, AR; Bemidji State University Library, SIN; Carthage College Library, Kenosha, WI; Luther Seminary Library, Saint Paul, SIN; Metro State University, Saint Paul, MN; Minnesota L)istorieal SKicty Library, Saint Paul, SIN; Rhode Island School of Design, Providence, RI; Sant Cloud State University Library Platt, SIN; Saint Ihomas University Library, Minneapolis, SIN; United States Senate I thrary, Washington, DC; University of Arkansas, Pine Bluff, AR; University of Minnesota Library Archives & Overflow Facility, University of Minnesota, Minneapolis, SIN; University of New Mexico-Los Alamos 4 Campus Library, NM; Winos State University Library-Planning & Technology Center, SIN t Cn,nmercial Work: Andersen Windows Corporation (various projects), Bayfield, SIN; Aspen Rtscarch, St. 0 . I Paul, SIN; Facility Systems Inc., Headquarters & Showroom & Phase 11 Expansion, Minneapolis, MN; I lenn.tn Miller Design Yard, Holland, SII; Guilford of Maine Administrative Headquarters, ME; Meijer allr Corporate I leadqua tiers, Grand Rapids, Ml; SE[ Investments Corporate Headquarters, Oaks, PA i Miscellaneous Work: Hazelden Meditation Center, Center City, MN; Minneapolis Public Housing f Authority-Scattered Site, Glendale Townhomes & Lyndafe-Olson Housing Renovation; Film in the Cities Theater, Saint Paul, SIN; Southern Theater, Minneapolis, SIN; Echo Bay Mine, Juneau. AK I m: ~ 25 ~Cl 3 2x d 0 . :axasa ; 0 i 4 MS&R JEFFREY A. SCHERER, FAIR (cont'd) Professional Honors and Awards 1 1998 Elected to The American Institute of Architects College or Fellows 1 1998 University of Arkansas School of Architecture Fourth Annual Alumni Design Award, SEI + Investments Corporate Headquarters 1997 Award of Excellence in Construction, Associated Builders be Contractors, Inc., SEI Investments Headquarters 1997 Committee on Urban Environment (City of Minneapolis), Hosmer Community Library I 1994 California AIA Honor Award, Frederick R. Weisman Art Museum (with frank o. Gehry Auoriafrd 1992 Minnesota AIA Honor Award, Herman Miller Design Yard 1992 Minnesota AIA Honor Award, Stillwater Public Library 1992 Progressive Architecture Design Citation, Frederick R. Weisman Art Museum (with Frank o. Grhry I Am,ciares) 1991 Silver Award Best of Neocon '91, Facility Management Association, Jazz Filing System Design for Conwed Designscape 1991 AIAlAmerican Libran Association Honor Award, Stillwater Library I 1990 Award of Excellence, Michigan Associated Builde- s & Contracture, Inc., Iferman Slillet Design Yard 1989 Progressive Architecture Award, Herman Miller Design Yard 1989 Brick in Architecture Award, Brick Institute of America, Facility Systems, Inc, 1988 Minnesota Masonry Institute, Facility Systems Inc. 1988 Minnesota Concrete h Masonry Contractors Award, Facility Systems Inc, 1987 SISAIA Honor Award, Facility Systems Inc. Publications D 1998 Architecture Momrsota, SEI Investments Corporate I le;dquarters, March 1998 Fast Company Magazine, SEI Investments Corporate Headquarters, March 1997 Minneapolis Star Tribune, Hosmer Community Library, October 3 1997 The New York Tinies, SEI Investments Corporate Headquarters, September 7 1997 Architecture, SEI Investments Corporate Headquarters, June 1997 Architectural Fecurd, Sahara West Library Sc Fine Arts Museum, March 1997 Minneapolis Star Tribune, The Bakken Library & Museum, March 2 1996 Arcbilectural Record, SEI Investments Corporation: "ls There a Quiet Place in the Alternative Office?" November 1996 Design Quarterly 168, Sahara West Library dt Fine Arts Museum, Spring 1996 I-he Drs Moines Register, West Des Moines Public Library, April 29 1996 Architecture, Saliarn 'B'est Library be Fine Arts Museum, April l 1995 Design Cost & Data, Dakota Count-Pleasant Hill Librarv May/June 1995 Archirecturaf Record, U.S. Senate Library, "'Fhe Profession: Reinvesting the Library" May r s 1995 Architecture Ainnesota, Dakota County-Peasant Hill Library, September/October 1994 Archirecture, Frederick R. Weisman Art Museum (v ah frank U 60,7 &Anaiaresi, June 1994 Design Cost ek Data, Merriam Park Branch Library, January/March 1994 ArJire(ture Minnesota, Frederick R. Weisman Art Museum t (nal, frank n, Gehr) & A.nor,urs), January/February 1 E 1994 Abrrare, Frederick R. Weisman Art Museum ru ak Frank O. Gebry or H,nccasesl, January 1993 Prourer Press, Fredrick R. Weisman Art Museum (wah Frank u. Gekry & A.AAxtare,), June 20 1993 Alpls/St. Paul Magazine, "Architecture in Action" (MS&R firm work) 1991 Architecture Minnesota, Detroit Lakes Public Library, July/August i 1991 Anurican b,ibrarirs, Stillwater Public Library, April • I 1990 American Libraries, "Functi ,m versus Beauty," April 1989 Architecture Minnesota, "Borrowed Time. Minnesota's Carr ies," September American Libraries, Stillwater Public Library, April Progressive Arcbi+ecrure, Heiman Miller Design Yard, January Architecture hfinnesuta, Minnesota Center for Book Arcs, JanuarylFebruary 1988 Interiors, Facility Systems, Inc., August Nome, Scherer Residence, November ORagono, The Work of Meyer, Scherer be Rockcastle, Ltd., June ~4 . o { t MS&R ■ JEFFREY A. SCHERER, FAIA (cont'd) Publications (cont'd) 1986 Architecture Minnesota, Minnesota Certer for Book Arts, January/February 1985 Architecture Minnesota, Park Grove Library, NfarWApril ' Public/Corporate Service and Memberships 1998 Speaker: Public Library Association Topic: EnvisiunirgTechnology for Library Buildings 1998 Speaker: ARCHITALKS (Minnesota Historical Society, The Friends of the Minneapolis Public Library, AIA Minnesota) Topic: Minneapolis Neighborhood Branch Libraries ■ 1998-00 Board of Directors, The Library Foundation of Hennepin County f■ 1997 Speaker ALA SanFrandsco Topic: Technology and Library Building Form 1996 Speaker Urban Design Institute 'Topic! Critique of Neu, York Public Science Industry &Business Library and ` Vancouver Puhlrc Library 1996 Speaker: Public Library Association Topic: Library Technology 1996 Keynote Address Speaker, LITA/LAMA Conference Topic: Library Technology-The Technology-Proof Library 1996 Spcakcr, Northwest Regional Libraries-Ohio Topic: Library Planning and Technology 1996 Speaker, Pubic Library Association Topic: Library Lightb.; and Signage 1595 Library of Congress conference on "The Role of Technology and the Library of the Future" Washington, DC (one of 200 attendees selected to attend) 1995 Member, Small and Medium-sized Section, Public Library Assocation 1993 Spcakcr, Arkansas Library Association Topic: Transforming the Library for the 21st Cen'ury 1994 l echnical Consultant to the Minnesota State Ur.4rersity Library System 1994 Speaker, Public Library Association Anr. !I Meeting, Atlanta, GA Topic: Lthrary Design and Technology 1994 Member, Minnesota Library Planning TasY.force (Chair thru 1997) 1994 Speaker, State of Florida Library Services Top c: Library Ligl!ling and Signage 1994 Meraher, Minnesota Library Plannlrg Taskforce 1993 Spcakcr, International Awr-imion of Metropolitan Librarians, Las Vegas, NV n Topic Tradition and Tacbnologyinthe Urban Library 1993 Member, Business for Social Responsibility-Minnesota Coordinator 1993 \Icinber,Ti clccommutiegResources Committee 1993 Men her, Electronic Frontier Foundation 1993 Member, World Business Academy 1991 Spcakcr, Midwest Librarian's Conference, Minneapolis, MN 1991 Adsisory &!ard Member, Minnesota Bui'ding Research Center 1991 Memhcr, Board of Directors, Coffee IFouse Press 1991 MSAIA State Agencv Conoact Committee t` I Y90.91 Mayor's Representative, Coke-Marquette Design Guidelines Task Force 0 1990 Speaker, American Library Association, Mid-winter Conference ' I 1985-87 Chair, Urban Design Committee, The Committee on Urban Environment 1985.87 Human Miller Strategic Proaucts Planning Group 1984-86 ,McKnight Foundation Art Selection Committee 1984.86 Metropolitan Regional Arts Council I 1 .2 k ❑ , ALA" i i r 0 t.~ r a"' ' r d,r t/ Y ~ ~ „ rJ d 1 1 ± ~ , ~ i E 0 ' J 4 A 5 r e, i- I • I r ~ r i l c iCaGfle . i ~ 5 f " f ' mn.aua+.~r,"•w.Tawrw..»a.rw~lwhr awrwt.r•.a,rwv,...~.«"w.. _ : i' It`s ~ ~ I ~ ni f MS&R - r JEFFREY A. SCHERER, FAIR (COttt t. g r i 4 Exhibitions 1997 Frederick R. Weisman An Museum, University of Minnesota, Faculty Work Ali 1991 Saint John's University, The First Decade: Meyer, Scherer & Rockcastle 1986 Thompson Gallery, Selected Work of MSNR ' s1q' ' 1984 Kansas State University, Department of Architecture, The Work of MS&R j 1984 University of Minnesota, Faculty Work' 1982 Installation Gallery, San Diego, CA; "Tall Tales" 1982 Paper Architecture Gallery, "Tall Tales" a 1981 h1SA1A Works-in-Progress, Jacobson Residence l' + 1980 Walker Art Cer ter, Les Hallos Competition "Urban Strategies" t TP, ' Horsor Award Juries f, American Institute of Architects: ~j, ii Gulf States Region Central Illinois Sowa society •Yti , South Dakota Society ' Michigan Society i Kansas Society ' i Ohio Ssxiety I1 Wisconsin Society 1998 Structural Hoard Association Student Design Competition Juts 1991 Innovation in Housing Jury, American Plywood Association, Progrenl.e ArcFa,cture Magazine, • Better Homes and Gardens Magazine F sr" n ~i r- t 1 a 9 ~ } J !d , , 2~ Hry III Gp4. 1, ! I Ir t. I + A 4Yx C i r ~ 1 V, kr r^L'~ t ~,,1~:7r X 1 ~~r 7~v,ki •V~ , vy ~ s er rr 7k 4 ~ : ~ y+I i ,Ff1 tit Yl+ I~l~~t '1~ M1,~aaht3'~~~rt,,yltrr^72, w si„i`~n` rr~..~ 14 o d'r i 5 Ch. sFpS1. I ark ,'IfY r)c jy~,'.y ryw• z~[]!r]~~ t?'"r ~i lrl ,13 IV. 4" 10. A? U-ii. t °`\C "!M1 rY' F, ~-p ' e't r'• '1 - IM I ~r 111I M 1111111M MU d t I Ind - ia'". t 1 F rli a J I 0. s 4 4 I t ~ 5 ~ r. ~ r} . K t ~ a, I ~ r t 7 1 °,7 s - f I w •s! alti°~t Ln Vr , , ~a_. h .7 1 r _ ~1 w d,. 1 I c r p 0 .1 y - . w n.-. vl w~wP \MIYr1,iIWRbd♦ .l~Yw vi.r•wnw.+rv ~ ~ I , i f 1 t v Y MS&R i y' JACK POLING, RA " Education Master of Architecture, University of MlnrLsota, 1988 kM Bachelor of Environmental Design, Texas A& `A 1lniveristy, 1983 f Professional Experience Meyer, Scherer & Rockcastle, Ltd., 1991-Present ! {I Skidmore, Owings K Merrill, 1990.91 Junorannen Associates, 1986-90 Gol moc k Rolfe Associate, 1983.84 * Institutional Work: Carthage College Librry, Kenoshr, WI; Cook Memorial Library, Litertyville, IL; Hedberg Public Library, Janesville, WI; Merriam Park Branch Libra-y, Saint Paul, MN; Upper Iowa f' University Lee Towers Student Housing, Parker/Fox Administration Building, and several building studies, Fayette, IA; Sahara West Public Library and Fine Arts Museum, Las Vegas, NV ' Commerical Work; Spiegel Corporate Headquarters, Chicago, It (SOM); Mixed Use Development, Boston, MA (JungrBrannen); Mixer -Use Renovation Project, El Paso, TX (Coleman bt Rolfe); Wyndam Hotel, San Antonio, TX (Coleman do I: lie); Hotel Sofitel, Miami, FL (Coleman 6t Rolfe) 1 1 Published Work 1997 Architectural Record, Sahara West Public Libra -y and Fine Arts Museum, March 1996 Design Quarterly 168, Sahara West Public Library and Fine Arts Museum, April J' 1996 Archrtecture, Sahara West Public Library and Fine Arts Museum, April 1994 Design Cost tw Dara, Merriam Park Branch Library, January/March l ~ v! 14 ( Ir , I' r ! 1' 1 ~ l , ,I'S 1 ? ! Y I~ r ( l ' 1 r i 1 i ~ • • k 1 1 f I' Ir 1 y.l ~l 4~ ~ 'r, ~ r. LLE M1 ~ r." r I I Yx i , t,.S t l r ''l' tt ll M/ 2 / ? ZME O eaxww ' er.nx~ i i I I SECTION 3: I DESCRIPTION I OF THE CONSULTING TEAM I l l s a e I I, avow" I Description of Consulting Team I Following is a listing of key personnel assigned to this project and in what capacity Sec ' ' resumes in Section 2 for qualifications and experience Carol Brown, Carol Brown Associates: Principal-in-charge for this project. Brown will make as many as five site visits to Denton; collect existing data; organic focus gaups with the assistance of the library staff and input from the architects; conduct the focus groups; compile existing information and data collected during interviews, meetings, and focus groups; work with the library staff to ' select service responses; develop a mission statement, goals, and objectives based on the information gathered; participate in the building and site evaluation with the architects; assist in determining building recommendations; and write the master plan which will incorporate the findings and recommendations of the architects Jones C. McConnell, Jr„ HH Architeew Will have primary responsibility for coordinating the work of the architects McConnell will participate in the on-site evaluatior. of the central building and site, provide any follow-up work needed on-site after the initial investigation, work with MSR and CBA in developing building recommendations for the master plan, and prepare any drawings needed to illustrate the recommendations ' Jeffrey Scherer, Meyer, Scherer, & Rockeasde: I Scherer wil! participate on-site with the initial evaluation of the cenval building and site, work with HH and CBA in developing building recommendations for the master plan, review the first draft of the master plan and building recommendations and suggest changes or additions needed Jack Poling, Meyer, Scherer, & Rockcasde: 11 Poling will participate on-site with the initial evaluation of tbo central building and site, work with HH and CBA in developing building recommendations for the muter plat, make any follow-up site visits needed by MSR after the initial building evahuttion, review the first draft of the master plan and building recommendations and suggest changes or additions needed , t ! ~ 0 • j i 32 • n SECTIONS 4 AND 5: PLAN OF WORK AND TECHNICAL APPROACH/ STUDY APPROACH METHODOLOGY AND PROCESS I p ~ 1 32 x i LI e 0 I Plan of Work and Technical Approach/ Study Approach, Methodology, and Process f Two of the sections outlined in the RFP have been combined here as a result of the elimination of the request for cost estimates. The following information includes the proposed course and sequence of tasks and methodologies, time-phased statement of project milestones, and estimated number of hours associated with each task Carol Brown believes that a library building should be designed to support current I and future collections, services, and staff. '.'he first steps in a planning process, therefore, f involve assessment of current services, collection, staffing patterns, and hours, as well as evaluation of building(s). Planning for future facilities includes careful consideration of a library's expectations for collections and services, as identified in its mission statement and long-range goals and objectives. Early steps in the master planning process for Denton Public Library will, therefore, involve determining specifically what the library plans and exp--ts to offer to its users in the future The CBA team will use a collaborative approach that will emphasize working f closely with the Library staff and the City of Denton throughout the project Interviews, meetings, and focus grout s will be used to impleasent an extensive study of the library and * f the city prior to the development of recommendaOons The Library Director and local f planning team will have ample opportunity to review the CBA team findings at each step in the planning process and to provide feedback regarding the recommendations before • the preparation of the final report 0 f f 1 f titF fin .3 WMW"M 0 I :,a, The CBA team is flexible in regard to implementing the project. We expect that a I specific work plan will be determined in consultation with the Library Director during contract negotiations, Carol Brown will be the principal consultant on the project, however, ` investigations and the development of recommendations will involve CBA, HH, and MSR working closely with Denton Public Library. The proposed work plan is as follows: 1 Over the course of the project, the library will supply existing data regarding the j library and the city, including, but not limited to, architectural plans of the existing central building, annual library usage statistics, collection sizes, long-range plans, organizational chart, door counts, acquisitions and withdrawal statistics, technology plans, and library I budget information Afler award of the contract, CBA will confirm the final work plan and will schedule the ' first site visit with the Library Director by phone. Brown will be on-site approximately five days for the first site visit The first site visit will include the following activities, in addition to any others suggested by the Director. I Is CBA will interview the Library Director and other staff members.. either individually or in groups--and meat with selected city officials, city department heads, school system representatives, Friends of the Library, and other relevant community leaders. • Brown will hold an initial meeting with the Litrary RoTrd to discuss their expectations for the planning process and to discuss continuing communication during the project • Brown will discuss the organization of focus groups (and, if requested, surveys) with the Library Director. Estimated hours. Brown, 40 hours, on-site McConnell, 8 hours, on-site 2 As noted above, Brown will discuss the organization of focus groups with the Director and provide instructions to the Director or her representative on planning and setting up the tocus group discussions. Brown will discuss possible participants with the Director 0 and will provide advice regarding contacting and confirming focus group attendees 0 Names of people for focus groups will be solicited from the library staff, city officials, and the LibraryBoard (Focus group paniciparas may include non-users and representatives from various library um groups, for example, pre-school and elementary parents and i V ft ' 2 32X 10 I ~ ' 1 0 0 children, middle-school parents end children, high-school parents and children; senior citizens, students and faculty of higher educational institutions, representatives of s arious ethnic groups in the community, representatives from local social services agencies; local business and religious leaders, media spokespersons; representatives of local organizations; and physically challenged and visually- and hearing-impaired residents Between the first and second site visits, the Library Director will supply a total of 125 - I 150 names to Brown that represent the various population groups noted above The list of names will include a one sentence description of the relevance of each person to thk focus group discussions, e g , regular user of business services, president of PTA, president of Chamber of Commerce, etc. Brown will organize the lists of names into five groups The library staff or a local project committee will make initial phone calls to possible participants (based ou a script supplied by Brown) and send letters confirming their participation (based on it sample letter supplied by Brown). Brown will prepare the questions to be discussed by the focus groups, with input from the architects, and will review the questions by phone and fax with the Library Director. Estimated hours Brown, 20 hours, off-site J During a second site visit, CBA will conduct five focus groups and/or community forums. Additional meetings and interviews for the purpose of collecting information v,ill be conducted,' Service responses for the future of the library will be selected with the Library Director and others ` Estimated hours Brown, 40 hours, on-site ` 4 The architectural team will begin the evaluation of the Emily Fowler Central Library and site for the initial and primary investigation McConnell, Scherer, and Poling will all be on-site Brown will be on-site at the end of the site visit to discuss the architects' findings Preliminary eval union of other sites will also be completed during this visit, (Depending on the final process schedule determined in consultation with the Library Director, the evauation site visit may occur the same wcek the focus groups, or, if the focus groups are postponed until fall, the building evaluation will take place during the summer and independently of other tasks ) Estimated hours Brown, 16 hours, on-site (These hours necessary only if the evaluation site visit is not held the same week as the focus groups.) 'If a hbr,ry user survey is desired, CBA will work with the library to develop the 0 instrument The library will collect and compile the data, and CBA will analyze the I results If a random telephone survey is desired, CAA will sub-contra( with National Service Research, a market research firm in Fort Worth, to conduct and compile a survey. - - - - r . C.5 K I❑ 32 x ❑ 9 o , ' McConnell, 24 hours, on-site Scherer, 24 hours, on-site I Poling, 24 hours, on-site 5. Following their evaluation, McConnell, in c7usultation with Scherer and Poling, will prepare a preliminary report of their evaluation of the building and site(s), Poling will make a follow-up visit, if necessary. Estimated hours. McConnell, 24 hours, off-site Scherer, 8 hours, off-site 1 Poling, 16 hours, on-site and 8 hours, off-site 6 Following the focus group discussions, CBA will compile the data from the focus groups, as well as all other information gathered. The initial findings of the architects will be discussed with the Library Director. Brown will write a fast draft of the master plan (in consultation with the architects) that incorporates the architectural evaluation of the I central library, the site evaluations, and building recommendations. McConnell will prepare any drawings needed to illustrate the building or site recommendations HH and t D£SR will prepare preliminary cost estimates to accompany the building recommendations j CBA will prepare estimates of annual operating costs, in consultation with RH and MSR, The master plan will include I • A discussion of demographic information rtlevant to library planning for Denton Public Library , a Discussion of the communiiv input received through focus group discussions, meetings, and interviews (the basis for the recommendations) I • An assessment of existing library collections, services, technology, and staffing 0 The architects assessment e£ the Emily Fowler Central Library and site and other possible sites. Consideration of possible alternative uses of the Emily Fowler building ! • A new library mission statement, selected service responses, and twelve- I year goals and objectives for the expanded library that summarize the master plan recommendations I • Recommendations for future collections, services, technology, and staffing • Architectural recommendations and preliminary space allocations for the O I central library and, if relevant, recommendations for the use of the Emily { Fowler building, 1 } 32X~El 1 I , 1 I 0 Estimated capital cost of facilities and other recommendations and estimated annual operating cost for providing the recommended { collections, services, and staff in new or expajsded facilities The first draft report will be yeast to the Library Director for review. The final report will , ' not be completed until all requested. evisions have been made by CBA and the Director , concurs with all of the recommendations. Estimated hours Brown, 64 hours, off-site McConnell, 24 hours, off-site Scherer, 8 hours, off-site i Poling, 8 hours, off -she 7. After revisions requested by the Library Director have been made, CBA will submit the final master plan Estimated hours Brown, 24 hours, off-site McConnell, 8 hours, off-site 8 CBA, HH, aria h1SR will make additional site visits, as requested, to present the final master plan to city officials and community groups. Estimated hours. Brown, 16 hours, on-site McConnell, 16 hours, L•a-site Scherer, 16 hours, on-site Poling, 16 hours, on-site Summary of estimated hours Carol Brown Associates, 1 Hours on-site 112 1 [louts off-site log Total hours 220 • ( 11H Architects, r f Hours on-site 48 Hours off-site 56 Total hours 104 ts; f ~ i I ,I . 7.5 x 32x~ • 0 f ' iv1SR, Scherer. }Tours on-site 40 Hours off-site 16 Total hours 56 MISR, Poling Hours on-site 56 Hours off site 16 Total hours 72 i Summary, all members of team On-site 256 Off site 196 Total hours 452 I k hedele f Carol Brown does not believe that the three components of the planning process E can be satisfactorily completed in three months. Usually the busy schedules of the library planning team, as well as the prior commitments of the consultant team members, stretch I out a planning process. It is important to note also that the process of gathering names for ` focus groups, organization of the groups, and telephone and written confirmation of ! participants' attendance takes about six weeks. Brown prefers not to conduct focus group 1 discussions in the summer when farnilies and library staff are apt to be on vacation, • I Two possible schedules have been included here, The first "preferred" schedule k ! has the consulting team doing most of their investigation during the summer months with the focus group discussions being held right after school starts in the fall The writing of • the report would follow with submission of the final report occurring on December 1, • 1998. The second "alternate" schedule has the focus groups occurring in mid-July with c~~~ 2 ❑ 32 f ❑ j 1 gems" 0 AM" the final plan being submitted on October 20, 1998 (See Also Section 8, for a possible ' schedule of additional services offered ) , Option I •p efm Work Schedule Contract awarded May 15, 1998 ` Confirmation of work plan and scheduling of first site visit May 18.29, 1998 First CBA site visit, initial investigation June 1 -5, 1958 Additional collection and compilation of library and community information by CBA July On-site evaluation of Emily Fowler Central Library and sites by CBA, HH, and MSR July 1111 and MSR prepare evaluation report August Organization of focus groups and confirmation of ' attendance August 3 - Sept 11, 1998 Focus groups conducted September 14 - 18, 1998 First draft of master plan prepared by CBA September 21 - Nov. 2, 1998 First draft of master plan reviewed by Library November 2. 16, 1998 Revision of draft of master plan November 16.30, 1998 III Final plan submitted December 1, 1999 ' Option 2 - lternate Work Schedule • Contract awarded May 15, 1998 I Confirmation of work plan and scheduling of first site visit May IS - 29, 1998 • First CBA site visit initial investigation June 1 -5, 1998 p I Organization of focus groups and confirmation of attendance June a - July 10, 1998 I 25x10 32XID 'i O 1 r RQ= ! `i Focus groups c.. c,ducted and additional information ' collected by CBA July 13 - 17, 1998 ' On-site evaluation of Emily Fowler Central Library and sites by CBA, HH, and MSR July 13 - 17, 1998 HH and MSR prepare evaluation report July 20 - 31, 1998 ; First draft of master plan prepared by CBA August 3 - Sept, 14, 1998 4 ' First draft of master plan reviewed by Library September 14 - Oct. 2, 1998 Revision of draft of master plan October S - 19, 1998 r Final plan subm'sted October 20, 1998 k r! t ' t ~l I~ I i p a j• e' t •i t ~ 10A 10 00 mom o s r . r r ~ SECTION 6: REFEFXNCES ~ I • o e f I f r 32- x LJ , n t , • # . Vega" 0 4FAMIa , CAROL BROWN ASSOCIATES -PROJECTS AND REFERI!;NCES Public Libraries i Kurth Memorial Library, Lufkin, Texas. hired to prepare a feasibility for adding apace to the library . Bayed on CBA recommendations, currently selecting a site and beginning a fund-raising campaign fors new library. (1997 and 1998) j I Contact: Ryan Alworth, Director Kurth hfemoriat Library 101 Calder Square Lufkin, Texas 75901 (409)634.7617 Veterans Memorial Library, Lancaster, Texas Preparation of a long-range master plan and & building program, C~.rrently assisting with architect selection Will assist with architectural review of new building (1996-1998) Contact Susan Andrews, Director Veterans Memorial Library 220 W. Main Lancaster, Texas 75146 (972)227.1080 Zula Bryant Wylie Library, Cedar Hill, Texas. Preparation of a long-range master plan (1995.1996) Contact Pat Bonds Zula B Wylie Library 225 Cedar Cedar Hill, Texas 75104 (214) 291-7323 Duncanville Public Library, Duncanville Texas. Preparation of a long-range master plan. (1995.1956) Contact Carla Bryan, Director • I Duncanville Public Library O • jv, 103 East Wheatland Road Duncanville, Texas 75116 (972)780.5050 i I€ ~,~'aavr 5 x$ 2 x Q 0 C l ee ~ . A Carrollton Public Library, Carrollton, Texas. Six contracts. 1: Assessment of current library ' building and services, recommendations regarding temporary library facilities; prepafstion ofa long-range plan for facilities for a population of 150,000, 11 Assisird with planning imr, ediate changes to library and identifying long-term "temporary" solutions for library space problems, Ill: Prepared building program and designed interior of a 25,000-square-foot library in leased space M Prepared bid document for opening-day collection and ongoing contract for acquisition of materials. V: Prepared updr.ted report on long-range planning and presented plan ' to City Council and Library Board Vl Assisted with preparing a bid document for materials (1991 - 1995) Ct"atact Beth Little Bormann (Former Library Director, now Assistant City Manager) Carrollton Public Library 2001 Jackson Road Carrollton, Texas 75006 (972) 466-3008 1 ' Jones C McConnell HH Architects 14951 Dallas Parkway, Suite 200 Dallas, Texas 75240 (214)404.1034 Williamson County Public Library, Franklin, Tennessee. Hired to prepare a Song-range plan for facilities (1998) West Baton Rouge Parish Library, Port .'"ien, Louisiana Assessment of cwrent library building and services Preparation of a long-range plan. Preparation of building program to accompany LSCA grant (1992-1993 ) Received new contract in 1997 to prepare a second long-range plan for the library. i Contact i Anna Niamhiafava, Director West Baton Rouke Parish Library 830 North Alexander Avenue • I Port Allen, Louisiana 70767 (504)342.7920 Pacific Grove Public Library, Pacific Grove, California; 8,000-square-fo.i adui;iGD to elwting 12,000-square-foot structure Wrote assessment of existing structure and services, wror: Wilding program, assisted with selection of architect, participated In project team meetings, reviewed preliminary architectural drawings and specifications Second contract received in 1994 to rssist 0 with space planning existing building and purchase of new furnishings. Received third contract to f update original assessment and building program in 1997. (1989. 1•:191) _f - ~~,xlo 32XI❑ 11 ram a t l Contact Bobbie Morrison, Director I 550 Central Avenue Pacific Grove, California 93950 (408)648-3160 Robert Herman Herman Stoller Coliver Architects 165 Tenth Street San Francisco, California 94103 I (415)552.9210 Winnipeg Public Library, Ainnipeg, Manitoba, Canada. Assisted in the preparation of a I planning study for Centennial Branch (122,000 square feet) Worked with the RPG Partnership, architects located in Vancouver, B. C- (1997) F I Bowling Green Public Library, Bowling Green, Kentucky, Hired to prepsr: a needs assessment and to assist in interior plen-ting of building renovation (1998) I Contact Karen Porter, Director Bowling Green Public Library I 1225 State St Bowling Green, Kentucky 42101 (502)781-4884 Fuishear Branch lind Sugar Land Branch, Fort Bend County Libraries, Richmond, Texas. Hired by two different architectural firms to assist with interior planning of two new branch libraries (1997) Roman Bohachevsky, Director I Fort Bend County Libraries George Memorial Library 1001 GOINiew Uhmond, Texas 77469.5199 (281)341.260) Hebert Public Library, Port Neches, Texas. Joint venture with Peggy Harrison Interiors for space planning and interior design of an expanded library huilding (1996 1997) Contact. Mary Ann Carrier, Director tD • f Hebert Public Library l 2025 Merriman St, Pori Neches, Texas 77651 (409) 722-4554 I - 2 10 32x~~ o , SWAM ' Clark County Public Library, Winchester, Kentucky, Hired to provide space planning and interior design services for a new library. (1997) Contact Danby Williams, Director Clark County Public Library 100) S. Main Street Winchester, Kentucky 40391 (606)744.5661 S Thomas Smith G Sherman Cart^r Barnhart ' Pvtners in Architecture 2405 Harrodsburg Rd. a Lexington, Kentucky 40504 (800)755.8768 ` Johnson City Public Library, Johnson City, Tennessee. Prepared a building program and site review for it new library. Received extension of contract to provide architectural review serviccs ' and to assist with inVrior design of new library. (1993 • 1998) Contact ' Mark Thomas, Director Johnson City Public Library 103 South Roan Street Johnson City, Tennessee 37601 (423) 434-4450 Kevin Diegel I McCarty Holsaple McCarty, Architects 55014' Main St hationsbank Center, Suite 300 Knoxville, Tennessee 37902 (423) 544-2000 I • ( Dr. Eugene Clark Library, Lockhart, Texas Have been selected to complete a renovation and restoration project that involves planning a public library in two historical buildings, a 100-year. I old U ary and the adjacent Masonic Hall. Working with Volz and Associates architects. (1997) Contact Ros"cta Laurell, Director • 217 S Main • • Lockhart, Texas 78644 (512) 398.3223 1 l ' NH" i 5 = in 32xIO O 1 6 John Volz Volz and Associates 2520 Longview, Suite 214 Austi't, Texas 78705 I (512) 476-0433 Jefferson Parish Library, Metairie, Louisiana. Assisted architectural firm, N-Y Architects. Ltd, with space planning and interior design of new 132,000-square-foot library. Assisted library with plans for moving from the old to the new building. Assisted Design Consortium with interior design of two branch libraries (1993 - 1997) Contact. Michael Mattax, Architect N-Y Associates 2750 Lake Villa Drive Metairie, Louisiana 70002 (504) 885.0500 Joan Ad an s, Director Jefferson Parish Library 4747 W. Napoleon Metairie, Louisiana 70001 (504)838.1125 San Francisco Public Library, San Francisco, California. Provided consulting services in connection with the setxtion and production of furnishings for the new 377,000-square-foot Main Library, served as coordinator for the move from the old to the new building, and managed the installation of furnishings on-site. Received a second contract to assist with the 1 space planning and interior design of the Chinatown Blanch (1993.1997) Contact i Elena Engel (formerly Project Manager for New Main at SFPL) 1 Berkeley Public Library 2090 Kittredge Berkeley, California 94704 I f (510)649-1914 List of work completed for San Francisco Main Library project I Worked with architects and interior design team to ensure that lil.rary furniture would enhance the 1 interface of use of electronic equipment and building power/data, recommended performance testing of proposed library chair--chair was subsequently tested and redesigned to be more durable ; t~,~ 75K ~l 32X 0 ' Coordinated initial measurement of collections for bid document for move, wrote move bid document in cooperation with city purchasing department, coordinated collection move I with move contractor, worked with library staff coordinator on the mapping of the collection in the new building, determining the sequence of the collections and personnel move in conjunction with the mover and other relevant parties (e S. automation and technical services), ' Responsible for the overall coordination, under the direction of Kathy Page, of all schedules ' pertaining to the transition and move from the old to the new building; reviewed schedules and recommended revisions to project management team as needed; met with all parties in the transition team about once a month, i Worked with technical services and automation staff'to schedule the ordering and receipt of the opening day collections for the new library, the changing of location codes in tS c ca-line catalog, the completion of the reference inventory, and the transition of technical services oferations from the old to the new building, Worked with branch services administrators, building operations manager, and technical jervices staff to work out new procedures for moving and handling branch delvery and for receiving room'delivery operations in the new building. ' Introduced the idea of an inventory system for the new furniture and equipment in the library (The city does not have a system worked with library staff to develop a computerized system that will be used for all movable items delivered to the new building. Worked with new main library chief bui'.i ing engineer and system building manager to develop a schedule and procedures for the transition from the old to the new library, including security and control during the move-in process 1 i Developed job descriptions for temporw,.. staff assignments during move-in, for example, loading t dock control, traffic eontrc; of halls and elevators, etc Worked with the main library department heads on job assignments during the move-in period ` Met with representatives of the library furniture suppliers and library staff to coordinate the production and delivery schedule of furnishings with building completion and other move-in activities Coordinated the final scheduling of the expenditure of $1,000,000 of new equipment (other than computers), set some purchasing priorities under the direction of Kathy Page; assisted staff member in charge of equipment with some specifications; wrote specifications for book trucks and book supports; met with circulation manager and conservation manager to determine equipment purchases; and assisted with monitoring expenditure of equiptrtent funds as purchases 0 were made ~YIG 32XIa , e 0 i Lived in San Francisco from January 1, 1996 to April 19, 1996 when the library opened for business As on-site coordinator in the new main, had daily opportunities to study the design of the new building as it relates to the movement of people and materials Attended daily meetings with the project managers, the building contractors, the move contractor, and others involved in the completion of the building and the move Served as on-site liaison between Kathy Page (originally facilities coordinator and later Chief of Main) and the building contractors Kept Kathy up-to-date on the status of completion of various areas of the building, Summit County Public Library, Frisco, C lorado. Assisted wish three branch hbraries for Summit County Currently working with Douglas Porterfield Archtects in designing the Joint ' Summit County and Colorado Mountain Acadmy Center in Silvertnome, Colorado. Hired by Caudill Gustafson Architects to provide interior planning services for new 13,000-square-foot library in Frisco. Hired by Baker Hogan Houx to work on 3,500-square-foot library in Breckenridge. (1995-1997) Contact Joyce Dierauer Summit County Library 37 Summit County Road 1005 Frisco, Colorado 80443 (970)668.5555 Marc Hogan Baker Hogan Houx 160 East Adams I Breckenridge, Colorado 80424 (970) 4536880 Summit County Government. Breckenridge, Colorado Huff by Summit County to assist with the selection and purchase of furnishings for a new county office facility, based on previous work on two new county library buildings, (1996- 1997) I Contact M Linda Trausch, Finance Director Summit County Govemment + • P. O. Box 68 BreckeiLidge, Colorado 80424 f (970)453.3433 J Pasadeoa Public Library, Pasadena, Texas Assessed current signage and made recommendations for the purchase of new signs (1997) • • • Sterling Municipal Library, Baytown, Texas Preparation of a building program for library { ( expansion through Houston Area Library System. Assisting with space planning and interior r design. (1992.1995) f Ar.. hxl~~ 32XI❑ `k. I , e C t 1 Contact. Flora Wilhite, Director Sterling Municipal Library Mary Elizabeth Wilbanks Avenue " ' Baytown, Texas 77520 (713) 427-7331 Palestine Public Library, Palestine, Texas. Hired by Northeast Texas Library System to prepare a facility study for the library. (1995) ' Estes Park Public Library, Estes Park, Colorado; 13,000-square-foot building. Reviewed architectural plans and recommended changes; completed space planning; selected furnishings and finishes; custom-designed circulation and reference desks; wrote specifications for furnishings and participated in the bid process for these items (IM-1991) jA Contact Judy Hoxsey, Director Estes Park Public Library 335 East Elkhorn I Estes Park, Colorado 80511 (970) 586-8116 I Roger Thorp Thorp Associates (Architects) P.O. Box 129 I Estes Park, Colorado 80517 (970)586.9528 Pitkin County Library, Aspen, Colorado; 30,000-square-foot building Public library serving Aspen and Pitkin County, Colorado. Reviewed architectural plans and recommended changes; provided plan for additions to electrical plans, wrote specifications for book-theft-detection system and compact movable shelving; assisted with the selection of carpet, wallcoverings, and other building finishes; assisted with space planning; selected furnishings and finishes; custom. designed circulation and reference desks; assisted manufacturer with design of custom features on study tables and chairs; wrote specifications for furnishings; and participated in the bid process for • ' these items (1990- 1991) I Contact. Kathy Chandler, Director Pitkin County Library i 120 East Main ' • ( Aspen, Colorado 81611 0 • ' (970)925.8426 r~ A , 0 ...,.rte Alvin Bmncb, Brazoria County Library System, Alvin, Texas. Assisted architects, [Edell Architects, with interior design of new library. (1994) Sbreve Memorial Library, Shreveport, Lousisana Hired to assist the local ;tanning committee ' in completing the PLA Planning Process, (1991.1992) Sanibel Public Library, Sanibel, Florida. Assisted with interior design and space planning of new IS,000-square-footlibnry. (1992- 1994) Contact ■ Patricia Allen ` P.O. Box 8 770 Dunlop Rd, Sanibel, Florida 33957 (813)472.2483 Temple Public Library, Temple, Texas Assessment of bank building for possible renovation its a public library; initial space planning of building for library space; bui'. ing program, assisted with interiordesign (1992, 1993) W.W. Harrison Public Library, Greenville, Texas. Assessment of preliminaryiibrary plans and space planning of new building (1993) Arthur Temple, Sr. Memorial Library, Pineland, Texas. Provided space planning and interior design services in connection with building expansion (1994) , First Colony Branch, Fort Bead County Libraries, Richmond, Texas. Hired by Brooks Association for Architecture and Planning to assist with interior design of new 19,000-square-foot library (1991 - 1993) { 1 Contact Mark Stewart 10 Dolphin Court r ( Houston, Texas 77024 (713) 464-8402 • I Roman Bohachevsky, Director Fort Bend County Libraries George Memorial Library w 1001 Golfview Richmond, Texas 77469.5199 :i'• (281)341.2603 • • Napa City-County Library, Napa, California Assessment of library buildings, space planning, and renovation of interiors in preparation for automating the library. (1992) I r tip'` 25 x )t 32 x ❑ %ML 0 0 ' Contact, Tom Trice, Director Napa City-County Library l) 50 Division Street ' ' Napa, California 94559-3396 (707) 253-4242 Williamsburg Regional Library, public library serving City of Williamsburg, James City County, and part of York County, Virginia, Assessment of current library building (28,000• square-fcet) and services and a long-range plan for improving and increasing library services (1990) Contact Patsy Hansel, Director Williamsburg Regional Library 515 Scotland Street Williamsburg, Virginia 23185 (804)229.7126 I Watsonville Public Library, Watsonville, California; 16,000-square-foot budding, Wrote assessment of current structure and services and building program for addition to library. Assisted with preparation of application for Proposition 85 Funds. Reviewed mission statement; f assisted with selection of roles; Wote goals and objectives; demographic statement, changing concepts in library service statement, service plan, and collection development plan. (1990- 1991) Contact Watsonville Public Library 310 Union Street Watsomille, California 95076 (408)728.6040 Deer Park Public Library, Deer Park, Texas, 14,000-square-foot building. Asses,,d existing structure, wrote building program for renovation and expansion (1990) • Teaarkana Public Library, Texarkana, Texas-Arkansas;16,000-sgtAre-foot building Assessed current layout; recommended changes in budding needed t. accommodate automated circulation system and on-line catalog; selected additional furnishings; custom-designed workstations for public access catalog and reference center; redesigned circulation desk; prepared new space plan for public and office areas; wrote specifications and bid document for furnishings to be purchased; participated in bid process. Project included work for Texarkana Public Library • and North East Texas Library System (1989) O 1 ~ 1 ~ 32x1❑ 11111111111110 e U f 1 I y Freeport Branch, Brazoris County Library System, Freeport, Texas; 6,000-square-foot addition to existing 3,000-square-foot structure, Wrote building program; assisted with selection ' of architect, participated in project team meetings; reviewed architectural drawings and specifications; assisted with the selection of carpet, wallcoverings, other building finishes; completed space planning; selected furnishings and finishes; wrote specifications for furnishings and participated in the bid process for these items. (1989 and 1990) Lake Jackson Branch, Brazoria County Library System, Lake Jackson, Texas; 10,000- square-foot addition to existing 12,000-square-foot structure, Worked with architectural firm of Hall/Merriman Selected fumishings and finishes; wrote specifications for furnishings; participated in bid process (1990) Helen Hall Library, League City, Texas; 22,000-square-foot, two-story addition to 8,000- square-foot existing building. Participated in project team meetings; reviewed architectural plans; completed space planning; selected furnishings and finishes; custom-designed panel-end computer tables, benches, reference desk, and other items; wrote bid document and specifications; assisted with tlie bid of items purchased; wrote specifications for moving the library. (1986) Contact. I Susan Sfathews, Director Helen Hdll Library 1001 West Walker j I League City, Texas 77573 (713) 332-3431 Ext 208 Projects for the Houston Area Library System: Liberty Municipal Library, Liberty, Texas. Preparation of a needs assessment and building program (1996 and 1997) Allan Shh en Library, Wood Ae, Texas. Preparation of building program for building expansion (1994) i Sterling Municipal Library, BaytoAn, Texas, Preparation of a building program for library expansion (1991) s r Arthur Temple, Sr. Memorial Library, Pineland, Texas. Assessment of library space needs and preparation or a building program for expansion. (1991) j Lumberton, Texas. Currently no library. Assessed community needs. Recommended libury space needed, possible building sites, services needed, and public relations campaign. Second f O consultation to assess architectural drawings of a new library, (1991 1995) p Nacogdoches PuUc Library, Nacogdoches, Texas. Assessment of the library building and evaluation of space; evaluation of existing building for library space (1991 and 1992) I r s. 0 0 t 1 I~ Wharton County Library System, Wharton, Texas Studied existing structures and services of I4brary system; prepared a report to facilitate the expansion of rebuilding o two structures; v7ote building program for expansion of facilities (1990) Prepared recommendations !br expanding East Bernard Branch, (1998) ' Alvin Branch, Briuorin County Library System, Alvin, Texas. Studied existing structure; prepared a report outlining feasibility of expansion or rebuilding. Subsequently wrote building program (1990.1991) Willis Public Library, Willis, Texas; new 7,200-square-foot building Wrote building program; ' participated in project team meetings; reviewed architectural drawings and specifications; completed space planning; selected fundshings and finishes (1987) Wrote building programs for the following: Bridge City Public Library, Jasper Public Library, D. Bob Henson Memorial Library (Nederland), Santa Fe Public Library. Space planning Nesbitt Memorial Library (Columbus) Contact for all HALS projects Karen Sheehan, Assistant Coctdinatc- Houston Area Library System Houston Public Library 500 McKinney Avenue Houston, Texas 77002 (713)247.1925 Academic rasa! ye la! 1.1 brarle.r I University of Tesas, Southwestern Medical Center Library, Dallas, Texas Completed initial I work with university architects end library staff" on phased renovation project for 66,000 square- foot building Negotiating additional work (1997) , Delgado Community College, New Orleans, Louisiana Hired to prtpare a space plan for an expanded library (1996) Contact, Lenora Lockett, Library Director Delgado Community College j 615 City Park Ave New Orleans, Louisiana 70119 (504)483.4119 Nunez Community College Library, Chalmette, Louisiana. Hired by N-Y Associates to write p { the building program for anew 24,000-square-foot library (1995) f I 'i , FiJ 25 t I~ 32xI0 a.aoos , WOMM Contact: Genevieve Wheeler, Director of Library Services Nunez Community College 3700 La Fontaine Street Chalmette, Louisiana 70043 (504)278.7440 The Museum of Fine Arts, Houston, Texas. Prepared it building program for expansion of MFA library (1993.1996) Contact Jeannette Dixon, Librarian The Museum of Fine Arts, Houston 1001 Bissonnet ' Houston, Texas 77005 !713)639-7326 f Exxon Company, U.S.A,, Houston, Texas and New Orleans, Louisiana. Provided consulting services in regard to renovation project for Law Library in Houston Assisted with space planning I in regard to consolidation of the Southeastern Division Law Department Library and the Headquarters Litigation Library in New Orleans (1993. 1994) I Contact Paula Howe, Law Librarian, Law Department Exxon Company, U S A ` P.O. Box 2180 f Houston, Texas 77251.2180 (713) 655-4383 Schad LlMarits Davis Academy, Atlanta, Georgia Assisted with interior planning of a new library In the private ` school Contact I • BarbLra Solomon, Business Officer I ' Davis Academy 8105 Roberts Dr, Atlanta, Georgia 30350 (770) 671-0085 • ' River Oaks Baptist School, Houston, Texas. Assisted with space planning, interior design, and • • architectural review of 25,000-square-foot building to include the library, computer lab, and s1I classrooms (1994. 1991) I sti I i 25 ~ ~ a 3 2 x 1 Tom! 1.. • • O , Contact, Nancy Hightower, Headmaster or Mani Turner, Librarian River Oaks Baptist School 2300 Willowick Houston, Texas 77027 (713)623.6938 Awty International School, Houston, I exas. Assisted with programming and space planning of new library (1994 - 1995) St. Agnes Academy, Houston, Texas Assisted with programming, space planning, and 1 selection of furnishings for new library (1994. 19961) f Contact Sister Mary Joseph Roach ' 9000 Bellaire Boulevard Houston,'rexas 77036 (713)771.2087 Fred Koltlat B2HK, Architecture 6750 West Loop South, Suite 700 1 Houston, Texas 77401 (713)665.5300 Pro/ecaa for Howron /4abhc 1.1 brury Clayton Library, Center for Genealogical Research, Houston Public Library, Houston, Texas; new 23,000-square-foot, two-story building. Selected furnishings; custom-designed information desk and microform workstations; wrote specifications for furnishings (1987) Contact Clayton Library 5300 Caroline A t louston, Texas 77004 (713) 522-0987 Pv jects for Houston Public Library Wntelhue Branch, Houston Public Library; new 16,000-square-foot building. Wrote Wildinp program, participated in project team meetings; reviewed architectural plans and specifications; p S I assisted with the selection of carpet, wallcoverings, other building finishes; completed space tl I planning (1986) I 10 „wko-i,..t . ? 5 K 32 x I 0 O i i i Montrose Branch, Houston Public Library; 16,000-square-fool, two-store library built in the sanctuary of a former church building. Wrote building program; participated in project team meetings; reviewed architectural plans and specifications; assisted with the selection of carpet, wallcoverings, other building finishes. completed space planning; selected furnishings and finisher, ' custom-designed circulation and reference desks, reading tables, and computer/microform workstations; wrote specifications for furnishings and tZuipment; handled bid of all items purchased; planned and supervised move of books from Central Library to the branch; planned opening ofbranch (1985) Alief Branch, Houston Public Library, new 13,000-square-foot building Wrote building program; participated in project team meetings; reviewed architectural plans and specifications; assisted with the selection of carpet, wallcoverings, other building finishes; completed space planning; selected furnishings and finishes; wrote specifications for furnishings and equipment; i handled bid of all it ms purchased, planned and supervised the moving of books from Central Libraq, to the branch; planned opening of branch (1985) I Stanaker Branch, Houston Public Library, new 9,000-square-foot building, Wrote building program, participated in project team meetings; reviewed architectural plans and specifications; assisted with the selection of carpet, wallcoverings, other building finishes; assisted with space planning and selection of furnishings; planned and supervised moving of books from old building to new facility; planned opening (1985) I Scenic Woods Branch, Houston Public Library; new l 1,900-square-foot building. Wrote building program; participated in project team meetings; reviewed building plans (1983) I Morris Frank Branch, Houston Public Library; new 16,000-square-foot building Wrote 1 building program, participated in project team meetings, reviewed architectural plans and specifications; assisted with the selection of carpet, wallcoverings, other building finishes; completed space planning, selected furnishings, wrote specifications for furnishings and equipment, handled bid of all items purchased; planned and supervised move of books from i Central Library to the branch, planned opening of branch (1982) Westwood A1a11 Book Stop; Ports-Structure. Wrote specifications for structure; handled the i purchase, planned and organized the opening of the facility; worked closely with null management throughout the process (1982) • i dungman, Looscan, Meyer, Pleasantville, Smith, and Walter Branches, Houston Public Library Planned and implemented major refurbishing of interiors; selected, wrote specifications, and i handled bid of carpet for each building; selected, wrote specifications, and handled bid of reupholstering and refinishing of chairs and table; wrote specifications for move of books by • professional movers during recarpeting (1980. 1986) p • f 2,5* ] 32XI[i { t Contact for Houston Public Library projects Len RAdoff (formerly, Chief of Branch Services, Houston Public Library) i ' 4013 Gano Houston, T"As 77009 j (713)692.1952 I ~ t r 1 I ■ F I• ~ i i 1 1 6 10 32JO i n "Mops J a 1 I f a } HH Architects - References I i ~ 11i /r a` ~I 1 } 11 ~ , r. M ,E e '.~S i4 25 10 exec ; 0 I I , I ' l ' LIBRARY EXPERIENCE Frankford Village Branch Library f City of Carrolton, Texas Interior finishe it of a storefront lease space Size' .4,792:ywa;efeef Construction Cost $652,292± FF&E Costs, $664,817± Client Contact. Ms. Beth Little Bonnann, Library Director Telephone No, 214/468.3360 Library Consultant. Ms. Carol Brown, Houston, Texas Contractor. Kibler-Scott Interiors, Inc, ' Telephone No 2141358.4685 f DeSolo Town Center Library City of DeSoto, Texas Size 27,480 SF Construcl:nn r, 31 51,200,0001 (Beginning Construction) I FF&E Costs $160,000± (Beginning Construction) Client Contact. Ms. Mary Musgrave, Library Director Telephone No 2141230.9656 Contractor: Component Construction Corporation Telephone No 8171429-22 77 Carrollton Municipal Library City of Carrollton, Texas Size 15,064 srluare feet Construction Cost $1,139,320 FFBE Cost $155,950 Client Contact. Ms Beth Little Bormann, Librarian Telephone No 2141'468.3380 Contractor Howard U. Freeman, Inc Telephone No, 333.9796 ^ 1 Grapevine Municipal Library City of Grapevine, Texas Site 15,000 square feel construction Cost $1,275,000 FFRE Cost NA (By Owner) Client Contact Ms. Janie Roberson, Librarian Telephone No 6171481.0341 Contractor: W H B. Contractors • Telephone No : 2141350-6058 a i I I 1 I i 5 10 32 10 ti i l ~ LIBRARY EXPERIENCE • Coined ; Terrell Municipal Library ' city of Terrell, Texas Sl:e 9,468 square feet Construction Cost $619,000 FF&E Cost, 5107,600 Client Contact Ms. Becky Sullivan, Assistant Director Telephone No : 2141551-6663 Contractor: Schoenle Construction Company l Telephone No 214!446.0512 Skillman Southwestern Branch Library City of Dallas, Texas :'thematic Design thru Contract Documents Project Budget $1,275,000 Client Contact, Mr. Jay Macaulay, Manager Facilities Planning d Construction Division Public Works Department Telephone No : 214/948.4271 Learning Resource Center Brookhaven Community College Dallas County Community Co!tege District Farmers Branch, Texas I Learning Resource Center Central Elementary School Dallas Independent School District I Seagoville, Texas 1 Media CenlerlLlbrary I First Baptist Church of Longview Longview, Texas Learning Resource Canter Highland Village Elementary School Lewisville Independent School District Highland Village, Texas Media ConisrUbrary First Baptist Church of Fort Lauderdale Fort Lauderdale, Florida { l Learning Resource Center O Bonham Elementary School JV Dallas Independent School District I Dallas, Texas f f 32 X I O ' , C4 i • 0 r I e ARM" t Meyer, Scherer, & Rockcastle - References 31 x I 1. i I ~ 1 1' 4 j ' r i r 0 ' 0 1 Complefed Library Projects ■ Auuln Public Library + Location. Austin, Minnesota Owner's Name/Address/Telephone C Austin Public library 323 4th Avenue NE Austin, MN 65912 (507) 4332391 Type of project. New library PrincipabimChargec Jeffrey A. Scherer, FA1A Project Budgs. 52,606,000 Date of Completion: 1996 Contact Person: Melissa Sibley, Library Director (see number above) Detroit Lakes Public Library ( Location: Detroit Lakes, Minnesota Orcner,r NamelAddrerrirelephone M: City of Detroit Lakes I 1000 Washingten Ave. Detroit Lakes, h1N 56501 Type of Project. Historic renovation/addition Principal-in. Charge: JrMity A. Scherer, PAIA Project pudgy 51,200,000 Date of Completion: 1989 Contact Amon: Ruth Solie, Library Director, (218) 8474168 FairGcld Public Library Location: Fairfield, Iowa I 0uner'r NamelAddresr/Telephone 4 Fairfield Public Library 104 West Adams Fairfield, IA 52556 (515) 472.6551 lire ofrrcjeer New library princirabin-('harge Jeffrey A. Scherer, FAIA pro/ecs Badger 52.200,000 DatecfCornplesion 1996 Contacs Perron James Rubis, Library Director (see number above) Hedberg PuLiic Library Loudon: Janesville, Visconsin Owner's N4me14ddrar17e1ep6ie M: City of Janesville 316 South Main Street Janesville, y%I 15545 (608) 758.6600 Tspe of Pro/ecs, Addition1enovation prlnelpol-In-Charge. Jeffrey A. Scherer, FAIA project Budges: $5,200,000 Date ofCompleslon. 1996 S 11 Contact Pen on Karen Krueger, Library Director, (608) 1516594 v,. loan= p ~ WXAX s i liosmer Community Library Location: Minneapolis, Minnesota Owner'sName/Addren/Telepbone N.' Minneapolis Public Library 300 Nicollet Mall I Minneapolis, MN $5401 (612) 610.6206 TOe of Project: Historic Renovatior;Addition firinctpa7-ln-Charge; Jeffrey A. Scherer, FAIA Project Budget.' $2,100,000 Dote of completion: 1997 Contact Person. Amy Ryon, Olef of Community Libraries (see N above) t Kirkendall Public Library Locations Ankeny, 1016-A Owner's Name/Addrest/Telepbone N: Kirkendall Public Library 410 West 1st Street Ankeny, IA 50021 (515) 965.6460 Type off, rojert: New library Principal in-Charge Thomas Meyer, AU Project Budget $2,466,000 I Date ofCompletiow 1996 Contact Paton Myrna Anderson, Director, (515) 965.6460 ' Merriam Park Branch Library Location: St. Paul, Minnesota Clwnrr'rName/AddreulMepbone N: City of St. Paul I City Hall Courthouse, Room 531 St, Paul, MN 55102 Type of Projrm New branch library Princ ipal-In-Charge: Jeffrey A. Scherer, FAIA Project Budget $1,978,827 t Dare of Caapletlo+r 1991 Contact rerson, Carole Williams, Library Director, (612) 292.6331 I Pork-Grove Public Library Loeation: Cottage Grove, Minnesota h Ou'ner'i 1<'ame/Addresr/Telepbone N: Wmhington County Library District 2150 Radio Drive 0 1 Woodbury, MN $5125 t ' (612) 731.8481 Type of project New library Principal in Charge Jeffrey A. Scherer, FAIA Project Budget $1,300,000 Dole of Complerlon 1985 Contort Person James Wells, Pirec,or, (see number above) 2 5 0 r tD i , ( Pleasant Hill Public Library Loationr Hastings, Minnesota Owner's Name/Addren/7 rlepbore M: Dakota County 1490 South Frontage Rd. Hastings, N1N $5033 Type of Project New librarv Principal. in-charge : Jeffrey A. Scherer, FAIR i Project Badger 52,025,000 ' Date of Completion 1994 Conlacr Person: Ken Harringtou, planning Manager, (612) 438.4542 Savage Public Library, Savage, Minnesota f,ocrtirnt Savage, Minnesota OunerS NamdAafresr?rlrpbonr 0, Scott County Library System 428 South Holmes Shakopee, MN 55379 Type of Project: New library Prlnciraf-ln-Charge: Jeffrey A. Scherer, FA1A { Pro/ecI Fudget 52,173,000 Date of Completion 1998 Contact Person: Jane[ Williams, Library District Director, (612) 496-8331 Sahara West Public Library A' Fine Arts Museurn Location: Las Vegas, Nevada I Owncr9 Nante/Addret/TelooPie M: Las Vegas-Clark County Library District Las Vegas Central Library 833 Las Vegas &vd. Nr rth Las Vegas, NV 89101 (702) 382.3493 Type of Project: New library 6c museut,: Principal in Ckarge: Jeffrey A. Scherer, FAtA (library) ( Project Bad~el 516,295.625 f Date ofCouipletion 1997 t orract Pcnun (Jarrell Batson, Director, (382.3493 Southdale•3lennepin Count), Public Library Location: Fdtna, htinoeso+a Owner's Name/Addren/Telerbone 0. Hennepin County Property Management A2208 Hennepin County Gevernment Center Minneapolis, MN 55487 (612) 348.6055 Tyre ofProjccl: Addition/Renovation Prlnclpa!•In-Charge: leffrey A, Scherer, FAIA Project Budge( 53,305,000 e !hale of Completion 1994 i Contact Person: Char Sohlberg, Librarlan, (612) 830-4919 ~t 1 , f 32x~IJ 2,1 X , O - ^+iil/alata Stillwater Public Library Location: Stillwater, Minnesota Ott'ner}Name/Address/7elephone0: City of Stillwater 223 North 4th Street ' Stillwater, MN 55082 Type of Project Historic renovation Aincipabir.-Charge'. Jeffrey A. S:nerer, FAIR Project Budget $785,000 Date of Completion 1987 Contact Perron: Lynne Bertalmio, Director, (612) 439.1675 Wescott Public Library j Location: Eagu,, Minnesota Ouner4 Name/Addrerr/Telepbane 6: Dakota County l Type ofProjece Addition/Remodel ii Principal-in Charge.' Jeffrey A. Scherer, FAIR t, Project Budget 5980,000 Date of Completion 1997 Contact Pena n: Bill Asp, Head Librarian, (612) 688.1533 West Des Moines Public Library-West Des Moines, Iowa Location: West Des Moines, Iowa Ounery Name/Addrers/Telepbone M: City of West Des Moines 1401 50th Street West Des Moines, 1A 50265 Tyre of Projectr New library Principal-in-Charge: Jeffrey A. Scherer, FA1A I Praject Budget: 55,270,000 Date of Completion: 1996 Contact Perron' Ed Lamb, General Contractor, (515) 2444500 I I 1 1 M' 2y ID 32X:❑ LE Mqal~MAKMRL~~ e WSW" 0 m t (SECTION 7: ELIMINATED) SECTION 8: ADDITIONAL SERVICES OFFERED l I al i I " e to I =ROM , Additional Services Offered a We believe that CBA, HH Architects, and Meyer, Scherer, and Rockcastle are well qualified to provide services from the initial step of long-range panning through the entire building project to the opening of a new or renovated central library. If the CBA tears is awarded the project as outlined in the RFP, we would like to negotiate additional services that will keep the project moving toward the expected May, 1999 bond election I We would like to propose that after all investigations are completed and Brown is j writing the long-range plan that the CBA team begin wo*k'ng in a collaborative process with the Library Director and the local planning team on the preliminary programming of a new or expanded central building. The preliminary programming would result in ir-ial schematics of the proposed building that would be developed into drawings, a model, and ` a color rendering that would be usal to gather support for the upcoming bond election. CBA team members would then assist the library by participating in public meetings to promote the passage of the bond issues n.e CBA preferred schedule with these additional services is as follows Contract awarded May 15, 1998 Confirmatien of work plan and scheduling of first site visit Stay 19.29, 1998 First CBA site visit, initial investigation June 1 -5, 1998 Additional collection and compilation of library and community information by CBA July p On-site evaluation of Emily Fowler Central Library and sites by CBA, HH, and MSR July r HH and S1SR prepare evaluation report August , - 25.10 32 1 a O { 1 ' 1 d 4 ' 1 f Organization of focus groups and confirmation of attendance Augast 3 - Sept, 11, 1998 Focus groups condscted Septe..,ber 14 - 18, 1998 " ' First draft of master plan prepared by CBA September 21 - Nov. 2, 1998 rs (BA, HH, and MSR worA wish the library to develop a i% pre Iiminary program and initial schematics i for the new or expanded library Ociorer - November, 1998 I First draft of master plan reviewed by Library November 2.16, 1998 k A ' I Revision of draft of master plan November 16.30, 1998 f" Final plan submitted December I, 1998 Drawings, mute!, and renderingsreporedfor local campaign December, 1998 ! Final pusl by local committee to pass the baidissue begins January, 1999 ' CBA, HH, rind AM participate In presentations to promo.,-? she bond issue Jamrary - May, 199: Band issue passes May, 1999 The CBA team would, of course, then welcome the opportunity to provide - architectural and consultin.- services to design the new or expanded building band on their year's experience working with the community and developing initial plans for the f project, 0 E ` I. % F h r f * istra~'. 25 x r 32X NMI- u I i i i i i SECTION 9: REPRESENTATIVE WORK - MEYER, SCHERER, & ROCKCASTLE I i I I I 32x~ O 1 OVERVIEW Meyer, Scherer & Rockcastle, Ltd. (MS&R) is a Minnesota corporation found,.d in 1981 by tha three principals: Thomas Meyer, Jeffrey Scherer and Garth Rockcasle. The firm employs 45 staff members, includi-g 30 architects and six interior designers. MS&R designs and manages between $55-75 million in construction each year. Sixty percent of that work is for institutional clients, such as universities, libraries and museums. The remaining work is t done in the private sector for corporations (office and meeting facilities), food service ` operations (restaurants and bakeries), and individual residential clients. i MS&R has won 41 state and national design awards and is frequently published in major regional and national periodicals. A full-length monograph of the firm's recent work will be published in 1998 by L'Arca Editioni as part of an international series of volumes on architectural firms. MS&R's work was also recently featured at the University of Z Minnesota's Frederick R, Weismin Art Museum as part of the juried Architecture Faculty Exhibition. All three principals currently reach architecture at the University of Minnesota, f, ( where Garth Rockcastle recently completed his last year of a six year term as Head of the Architecture Department. Both Garth Rockcastle and Tom Meyer have been honored as faculty-Mr. Rockcastle as the 1996 recipient of the Frederick J. Mann Award for distinguished service and Mr. Meyer as the 1991 recipient of the Rapson Award for 4 4 distinguished teaching. Jeffrey Scherer lectures on ethics and design leadership. Both Garth k Rockcastle and Jeffrey Scherer have been elected to The American Institute of Architects College of Fellows. I We offer a wide variety of services, including: I • Full architectural services Interior design • Architectural research Feasibility studies • Historic preservation Programming • Site master planning Computer-aided design, i r11 • Project phasing Construction observation • Space planning Furniture design • Model making Value engineering • Presentation drawings rode and ordinance work Y'. .Y 1 f 1 1 > x'. 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I~H k I rl J P • ~ i '~e; rJ d~ + . , ri ~ w "f y' ~F~F~~f."4' y ~9~~} ~,~~ti.''~` y ~,'.t~,l~ + h. +~1 , ~'~.~!~j'I~ ~'f ~X~"IJ f 1'. v ~ ~r'7 II CIF I{.~JrC FFF~~"~CC.d 7 , Sabsrs West Library srd Museum i ?5 32X Boom= 0 • 1 I MS&R Southdale-Hennepin County Library Edina, hLnnnota 1991.1993 1 Southdale Library ' features a first of its kind, robot controlled auto- C mated book return, retrieval, and stor- age system i r- \ I i r This is the busiest library in Minnesota. The project of 90,000 SP involves reorBanization renovation and enetgY upgrading of the exteri- the complete - . . . or envelope. Compaq shelr'ng, rented information services desk, new , C i k ✓ return and circulating desk and the upgrading of of mechanical and electri- cal systems will make this the most up-to-date lib,rrv in Minnesota. Besides f - being a library, the relevance of this project include the first-of-its-kind automatA book return, torting and retrieval system, This state-of-the-art, $800,000 conveyor and robotics control system will enable gross sorb:,;; of j r multiple weight and format materials. Materials will be automatically 1 pLued on book trucks and sorted by classification. Stiff will then have pre- sorted book trucks for return to the shelving. ~ r .i' a Y 0 o • i i a 1 3, L 11~/Faajl! I ~ i ~ ~o~o F I ~If~III EIiF12?33 II A D' F ..-.s. E'ffi'fiLii3 o , nggrr,-ri v Hill - wa,v,c wu, B 18, ffffffffl~a~~~~ff8 W 32 x i • l'~'~1T' low r- xf rrmqrr ..Y 1 r ~l'4 r Qrt... ' ac. r' 'S 1 t~ to r ti l 1 i z ~