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HomeMy WebLinkAbout11-03-1998 I ■ m r Q 1 l " ':1 ~u1A, gd11+~~d c ~P`a' ! ~ Y1„a d a. I. > Its ~.C I I I I S 1 City Council Agenda Packet November% 3, 1998 I I 1 1 4 'J. 2s 1 Ir ` I i' 32 X I o i 0 1 • AGENDA Agehda No. __!J/- j'- CI"TY OF DENTON CITY COUNCIL Agenda Item/__ November 3, 1998 Date_._~L- After determining that a quorum is present and convening in an open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, November 3, 1998 at 5;15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, ' Texas, at which the following items will be considered; 1. Closed Meeting: A, Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. Consultation with Attorney-Cinder TEX. GOVT, CODE Sec. 551.071 I. Consider and discuss se'tlement in litigation styled Eller AJrdia Company v. Sign Board of Appeals of the City of Denton and the City of Denton, Texas, Case No. 98.5013R•367 filed in the 367" District Court. Denton County. C. Deliberations regarding Real Property -Linder TEX. GOVT. CODE Sec, 551.072 1. Consider and e'scuss acquiring right-of-way for Scott Street sidewalks hetween Kerley Street and Morris Street in southeast Denton including the possibility of condemnation. ANN' FINAL ACTION. DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED ME"il'ING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH FMPLOYEFS WILL. ONLY BE TAKEN IN AN OPEN MEETING THAT IS FIELD IN COMPLIANCE Will[ TEX GOV'"f. CODE Cii. 551. THE CITY COUNCIL RESERVES 1111', RIGIIF TO ADJOURN INFO A CLOSED MEETING OR EXECUTIVE SESSION AS AU I NORILED BY'TEX, GOVT, CODE SEC. 551.001, El' SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY IIFM ON [TS OPEN MEETING AGENDA OR TO RECONVENE IN A C'ONIINUATION OF '1111; C'I.OSED MEF.IING ON TILE CLOSED MEETING ITEMS ^ NOTED ABOVE:, IN ACCORDANCE \%,ITI[ TIIE TEXAS OPEN MEETINGS ACT, • INCLUDING, WIIif0111 LIMITATION, Sk-11ONS 551.071-551.085 OF THE OPEN MLLI INGS AC 1. Regular Meeting of the City or Denton City Council on Tuesday, November 3. 1998 at 6:00 p.m, is die Council C'hambcrs of City Fall. 215 E. McKinney Street, Denton, Texas at which the w follo-Mng items will be considered: • 1, Pledge or,.ii,rgiance V A. U.S, Flag B. Texas I lag " I Donor the'Te.xas Flag - I pledge allegiance to thee. Texas, one and indivisible." I ~ "T190 32X111 0 'Ammon O eleme City of Denton City Council Agenda November 3, 1998 Page 2 PHESEhTATIONS/AWARDS 2. Proclamations ' 3. November Yard-of-the Month Awards 4. lixcel[encc in Procurement Award CITIZEN REPORTS 5. Receive a report from Tom Silva regarding aarianees to impact fees. 6. Receive a report from Margaret Tillman regarding rezoning an area that is in a 100-year flood plain. CONSENT AGENDA F.ach of these items is recommended by the Stafl•arA approtial thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, ]he City Council his received background information and has had an oppirtunity to raise questions regarding these items prior to consideration. i 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 7.19), 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 7.19 bctow will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration'". ` 7, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel transmission and distribution line structures; providing for the expenditure of funds therefor; ane providing an etfective date. (Bid 42275 - Galvanized Steel Transmission and Distribution Line Structures awarded to Valmont A Industries in the amount of $89,887.00) 8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the renovation of Denton Central Fire Station; providing for the expenditure of funds therefor; and providing an effective date. (Bid 42280 - Denton Fire Station Renovation i awarded to Meritt Construction, Inc. in the amount of $253,096.83) 9. Consider adoption of an ordinance authorizing the City Manager or his designee to 0 execute two purchase orders with the Houston-Galveston Area Council of Governments (I I.OAC) for ti a purchase of two fire trucks by way of an interlocal agreement with the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. (PO 490105 to II•GAC'/Emergency Vehicles of Texas, Inc, in the amount of $489,063,00 and PO 49,0106 to I1-OAC/L•'mergency Vehicles of Texas, Inc, in The amount of $682,030.00 for a total amount of $1,171,093.00) 3 lo 0 City of ; -mon City Council Agenda November 3, 1998 Page 3 10. Consider adoption of an ordinance providing for the expenditure of funds for the purchase of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 490113 to Motorola Communications in the amount of $33,680.00) 11, Consider adoption of an ordinance providing for the expenditure of funds for the purchase of software maintenance for advantage financial software which is available from only one source in accordance with the provisions of slate law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 490119 to American Management Systems, Inc. in the amount of 5108,901,50) 12. Consider adoption of an ordinance authorizing the execution of a change order to a contrac, for forecasting and land use planning services between the city of Denton and RUST i?nvironmental and Infrastructureltlellmuth, Obata, Kassabaum Inc. aka RUST/I IOK consultant team providing for an increase in the quantity of work performed and an increase in the contract amount; and providing an effective date. (RFSP 42140 - Professional Services for Land Use Planning and Forecasting awarded to i<UST Ein%ironmental and Infrastructure in the amount to 5224,64200; change order 42 in the amount of 537,846.49; new contract price 5255,988.49) D 13. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving the second amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the second arncrdment and to expend funds with respect to the second amendment; and providing for :n effective date. 14. Consider adoption of an ordinance authorizing the City Manager to execute a wnlract t with the Denton Family Resource Center. Inc. to provide child abuse prevention services in accordance with a grant and contract with the Children's Trust Fund of 'Texas; authorizing the expenditures of funds therefor; and providing an effective date. ^1 15. Consider adol. ion of an ordinance authorizing the City Manager to execute a professional services agreement with Turner Collie and Braden, Inc. in the amount of $260,940.00 for design of inflow/infiltration corrections in western Pecan Creek and Cooper Creek. 16. Consider approval of a resolution appointing Mike Jez to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority; and declaring an effective date. 17, C'onsidcr approval of a resolution appointing Mike let to the Board of Directors of the 0 Denton Ilealth Facilities Development Corporation; and declaring an effective date. I8. Consider approval of a resolution appointing Mike Jet as a member of the Board of Directors of the Industrial Development Authority Board; and providing for an effective date. Y1 10 32 10 C 11 n v'MMR!Y City of Denton City Council Agenda Novembe r 3, 1998 Pare 4 19. Consider adoption of an ordinance authorizing the Mayor to enter into an lnterlocal Cooperation Agreement with Denton County for library services; and providing an effective date. PUBLIC HB RA 1NGS 20. Hold a public hearing and consider a request to rezone a 401.17-acre tract from planned development zoning district (PD-139) to Commercial (C), One-Family Dwelling (SF-7) and Multi-Family Dwelling (MF•1) zoning districts. PD-139 currently alows development as a Business Village, including commercial and single- and multifamily residential land uses. The properly is located in southwest Milton, east of Interstate 35W at the F.M. 2449 (Ponder Road) interchange. (The Planni tg and Zoning Commission recommends approN al 5.0 with three conditions.) (1.98.043) 21. Bold a public hearing and consider a request to amend a portion of the approved concept plan for a planned development zone district (PD-20). The 136.365 acres of !and is located along the southwest side of Interstate 35-F between Lillian Miller and State School Road. A multiple use development is proposed with Light Industrial, General Retail, Office, Multi-Family, Single-Family and Recreation. uses. The proposed amendment reduces the land for light industrial, office, sngle•family and recreational uses and increases the land for general retail and multi-family uses. The Council recently denied approval of a development plan for this properly. (The Planning and Zoning Commission recommends approval 4-1.) (1.98-011) 22. Hold a public hearing and consider rezoning 58.351 acres from an Agricultwe (A)-zoning district to a Single Family residential (SF-10) zoning district. This prolkrty is legally described as part of Tract 6, Abstract No. 1018 of the Eli Pickett Sun ey and is located on the west side of F.M. 2181 (reasley Lane), approximately 1,000' south of Robinson Road, M%wen Ryan Rd. and hickory Creek Rd., in the City of Denton, Denton County, I X. 'lhe proposal is to develop a single-family subdivision. (The Planning and Zoning Commission recommends approval 5.0.) (Z-98-018) 23. Hold a public hearing and consider rezoning 3.88 acres from an Agricultural (A) zoning district to a Planned Developmert (PD) zoning district and approving a detailed plan allowing for light industrial and airport related land uses. The property is legally described as Tract 3 of the William Neill Survey (Abstract 970) and is located on the southwest corner of Airport Road (F.M. 1515) and Wesicourt Drive intersection. It is just cast of the Denton Municipal Airport. the proposal is to construct a manufacturing facility. (the Planning and Zoning Commission recommends approval (4.1) with conditions, (1.98-013) p 24. 1 [old a public hearing and hear citizen comments regarding proposed amendments to the Landscape Ordinance. (The Planning and Zoning Commission recommends approval (4-0). 0 e r o n II Ir City of Denton City Council Agenda November 3, 1998 Page S IHNIS FOR INDIVIDUAL CONSIDERATIQiV 25. Consider adoption of an ordinance abandoning a 0.276 acre of' 'and constituting surplus street right•cf-way and being a portion of Avenue D, from Eagle Drive a distance of 190 feet south to the connection between Avenue E and Avenue D; and providing an effective date. 26. Consider adoption of an ordinance authorizing the City Manager to execute a Pipeline Longiludinal Encroachment Agreement with the Union Pacific Railroad Company for a potable water pipeline; authorizing the expenditure of funds therefor; and providing an effective date. 27. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Reed-Stowe & Co.. Incorporated for consulting services pertaining to the Denton Water and Wastewater Utilities cost of service and rate design study; authorizing the expenditure of funds therefo•; and providing an effective date 28. Consider adoption of an ordinance authorizing the City Manager to execute n compromise settlement agreement between the City of Denton and Eller Media Company in final settlement of litigation styled Eller Afedia (impart) v. Vlgn Board of Appeals of the C'rty of Denton and the 0v of )enlon, Texas, Case No. 98.501 M-367, filed in the 367`^ District Court of Denton County; authorizing the City Manager to act on the City's behalf in accepting the settlement and executing a release of claims. i 29. Consider approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the General Fund with General Obligation Bonds; and providing an effective date. 30. Consider adoption of an ordinance accepting competitive bids and providing for the award of a put•li: works contract for Mayhill Road paving and drainage in the amount of $632,149.84; providing for the expenditure of funds therefor; and providing an effective date, (Bid 02238 - Ma)Hl Road Paving ant Drainage awarded to Jagoe Public j Construction in the amount of $632,149,63) S 31. Miscellaneous matters from the City Manager. j 32. New Business phis item, provides a section for Council Members to suggest items for future agendas. 33. Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas O Open Meetings Act. 34. Official Action on Closed Meeting items held ut:der Section 551.071-551.065 of the Texas Open Meetings Act. , w~smuu 0 I w~s,nc ' i City of Denton City Council Agenda November 3, 1998 Page b CERTIFICATE I certify that the ahive notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the --day of 1998 at o'clock (a. m.) (p.m.) I CITY SECRETARY NOTE: 111E CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF JDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH TI IE CITY SECRETARY'S OFFICE. I i s 1 ,1 w "A y I 'f e IN` ~9, a Agenda N0 Agenda Item 0ate.__.._.~~ 'V AGENDA INFORMATION SHEET + AGENDA DATE: November 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Ray Wells 349.7108 ACM: Kathy DuBose, 349.8228V SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF GALVANIZED STEEL TRANSMISSION AND DISTRIBUTION LINE STRUCTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID At 2213 GALVANIZED STEEL TRANSMISSION AND DISTRIBUTION 1J LINE STRUCTURES AWARDED TO VALMONT INDUSTRIES IN THE AMOUNT OF $89,887.00). h BACKGROUND: I Tabulation Sheet RECODIDIENDATION: , We recommend this bid be awarded to the lowest responsible bidder, Valmont Industries, in the total amount of $89,887.00. F.SUNIATED SCHEDULE OF PROJECT: Delivery of the poles and structures package is scheduled for 18 weeks after receipt of an order or approximately the 3"t week in March, 1999. FISCAL INFOWNIATION: The acquisition of these materials will be funded Item Capital Improsement Revenue ! JI Bond Account sl653-080-RU98.3G40.9218-C040S01A, r , 26 )(10 UK M%MLAr_%&XI% i m►AW" p f I AGENDA INFORMATION SHEET NOVEMBER 3, 1998 PAGE 2 OF 2 BID INFOMIATIONe This bid for the purchase of galvanized steel pole struOures to relocate both transmission and distribution circuits around the North Lakes Substation. This project is part of the 64 KV Line Upgrade CIP Number 99.1031-08. The bid includes 2 each 71' pole structures, 3 each 65' pole :structures, 3 each 33' pole j structures and installation accessoties. ` Respectfully submitted; Name: Tom Shaw, CP M., 349.7100 Title: Purchasing Agent Attachment #I: Tabulation Sheet 1 ` 1 i , 1 n { 1 r 2 rlr i~ , .1J1 a y, WX 32IO a: , c -I ATTACHMENT 41 TABULATION SHEET ID O 2276 BID NAME OALVANIZED STEEL TRANSMISSION VALMONT 016 TRAN FALCON & DISTRIBUTION LINE STRUCTURES INDUSTRIES STEEL POLE STEEL DATE 29•Sa A6 S QTY DESCRIPTION VENDOR VENDOR VENDOR A Total Firm lump Sum Price for foundation type 189,687.00 $129,080.00 $114,128,00 trensmisslon end distribution structures • t Delivery 18 Wks 2 wks 20.24 wks i f I 4 r y 10 t , 0 i ORDINANCE N). r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF GALVANIZED STEEL TRANSMISSION AND DISTRIBUTION LINE STRUCTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID q 2275 GALVANIZED STEEL 1-RANSMISSION AND DISTRIBUTION LINE STRUCTURES AWARDED TO VALMONT INDUSTRIES IN THE AMOUNT OF $89,887.00). 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 City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals'submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, ` THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according 'o the b.d number assigned hereto, are hereby accepted and anproved as being the lowest responsible bids for such items: BID ITEM NUMBER NO• CONTRACTOR AMOUNT 2275 ALL VALMONT INDUSTRIES $89,887.00 I { SECTION 11. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or son ices in accordance with the terms, specifications, standards, ' quantities and for the specified suns contained in the Bid Invitations, Bid Proposals. and related • doviments, p A a n .FIX 25xi 1 r I I SECTION III. That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his desi&hated representative is hereby authorized t^ ' execute the written contracts which shall be attached hereto, provided that the written contra".t is in accordance with the terms, eo.Iditions, 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 competitive 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 authoriz,;d herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _j 998 JACK MILLER, MAYOR ATTEST: I JENNIFER WALTER S, CITY SECRETARY i BY: ' APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY ! 1 BY: i ~ 2215 GALVANIZED STREET TRANSMISSION & DISTRIBUTION LINE STRUC. CONTRACT ORDINANCE I f , 5 r ' M O t ....mow, lgenda No Agenda Item J AGENDA INFORMATION SHEET AGENDA DATE: November 3, 1993 Questions concerning this acquisition may be directed DEPARTMENT: :finance - Purchasing to Ross Chadwick 349-8110 ACAI: Kathy DuBose, 349-8228 SUBJECT; i., AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENOVATION OF DENTON CENTRAL FIRE STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2280 DENTON FIRE STATION RENOVATION AWARDED TO MERITT CONSTRUCTION, INC. IN THE AMOUNT OF 5253,09613), I BAC KCt$QUND: Tabulation Sheet p RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Ment: Construction, Inc,, in the amount of S253,096.83. ESTIMATED SCHEDULE OF PROJECT: The contract calls for completion within 120 days or approximately the last week in March, 1999. 1 n FISCAL INFORMATION: 3 This renovation projcd gill be funded from account 4 460.060-FIRE-9804-9101. BID INFOEMATION: This bid is for the renovation of Denton Central Fire Station truck bay Door. It includes 4,500 square feet of 10" reinforced concrete. 14,000 square feet of exterior concrete pavement. 831 square feet of retaining wall. 275 feet of 8" PVC storm pipe and 250 feet of 4" PVC floor drain pipes V 1 r ' 0 y .-;moo y-r r 1 sous t :a t AGENDA [NFORA:A'f10N SHEET s " a NOVEMBER 3, 1998 PAGE 2 OF 2 .JL c~ Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Tide: Purchasing Agent Attachment 41: Tabulation Sheet Attachment 42: Recommendation from Brinkley & Barfield, Inc. 11:6.AGENDA o- 1 j F 1. rJ. f y rl r `l - 1 1 b ut I: 1 2 1 B~,1~J A Ae yv .~.>°r"G o' ~ tr ~'F' 32X tlrr,k r.> r r .u zo t1r "Nomm s 1 ATTACHMENT # 1 TABULATION SHEET BID # 2280 010 NAME Donlon Central Fin Station Renovation Montt Pharlap DBR Jeahe Rebcon Construction Conat. Inc. DATE 1.OctAb # CITY VENDOR R VENDOR VENDOR VENDOR Total Old Award $257,09683 521061,21 $302608.16 $3",201.20 $367,533.00 CASHIERS CHECK OR BOND YES YES YES YES YES ADDENDUM YES YES YES YES YES I I . i. i ,4 r 4 t i ( `z' ~ s 2 5 x: 32 X I 0 r Sri t . n µv.ew..a..rs.. ATTACHMENT M 2 Nrddoy & ScQtield, Inc., Consulting biglneers ' 12860 Hlllaest Road, Suite 222 O Dallas, 1+o= 78210 , (972) 788.2111 Fax (9,72) 798.2198 October 12, 1998 RE: Denton Fire Station Renovaticn BBI Job 0 78800 Mr. Tom Shaw ;r City of Denton 901.9 Texas Street Denton, TX Dear Mr. Shaw: Enclosed is a copy of the bid tabulation for tho Denton Fire Station Renovation Project. Copies of the tabulation have'xen sent to the contractors and to Mr. Ross Chad% ick, the Fire Chief. We have contacted the low bidder's references and have found no reason not to award the bid to Meritt Construction, Inc. If you have any questions please call me at (972) 788- 2111k Sincerely, Binkley & Barfield, Inc. Consulting Engineers / a Fred Balster, P.E. Vice President ' Enclosure` 5 r. FRB/j c a I , 1 •r 1~ e r Houston and Daum r '.,iy,~;'~. 32X {.1 i 0 0 i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE: BIDS AND AWARDING A CONTRACT FOR , THE RENOVATION OF DENTON CENTRAL FIRE STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2280 DENTON FIRE STATION RENOVATION AWARDED TO MERITT CONSTRUCTION, INC. IN THE AMOUNT OF $253,096.83). WHEREAS, the City has solicited, received and tabulated competitive bids fcr the purchase of necessary materials, equipment, supplies or services in accordance a ith the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated ereployee 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')c 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: d SECTION L That the following competitive bids for materials, equipment, supplies, or s:rvices, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUN113ER N0. CONTRACTOR AMOUNT 2280 ALL, IIIERITT CONSTRUCTION, INC. $253,096.93 0 SECTION 11. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons vibmitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specification.e, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. S 0 %JA 5 ~10 32x10 1. J 0 II 1 I SECTION III. That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided drat 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 [V. Thet by the acceptance and approval of the above competitive bids, the City Council hereby authorizes du 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. Tliat this ordinance shall become effective immediately upon its passage and approval. r , 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 1 BY: i 2180 RENOVATION FIRE STATION. CONTRACT.ORDINANCE 6 1 32XI❑ O 1 Agenda Na__!_O AGENDA INFORMATION SHEET Apanda Item Date AGENDA DATE: November 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Ross Chadwick 349.8110 ACNI: Kathy DuBose, 349-8228 y SUBJECT: AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TWO PURCHASE ORDERS WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE PURCHASE OF TWO FIRE TRUCKS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON-, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 90105 TO H-GAC/EMERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF $489,063.00 AND PURCHASE ORDER 90106 TO H-GAC/EMERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF 5682,030.00 FOR A TOTAL AMOUNT OF $1,171,093.00. BACKGROUND: During the budget process for the 1998,99 budget, the Council approved the funds necessary for the acquisition of two fire trucks, one 75' Aerial Ladder Apparatus and one 105' Aerial Platform Apparatus. The Iiouston-Gahcston Area Council of Governments (H-GAC) !,as an annual contract for fire trucks that meets our specifiwions and requirements. After meeting with the successful bidder and Fire Department epresentatk es, a decision was made to take advantage of our Interlocal Agreement and recommend award of purchase orders to H-GAC. RECOMMENDATION: 1 We recommend purchase order 90105 to H-GAC be approved in the amount of $489,063.00 and purchase order 90106 to H-GAC be approved in the amount of 5682,030.00. 1 ESTIMATED SCHEDULE OF PROJEC ; Both fire trucks have estimated delivery schedules of 210,240 days after receipt of a O purchisc order. The units should arrive around mid*Aly, 1999. I 1 32 MINN ~fyw y ~ I !u¢wpaw 1 AGENDA INFORMATION SHEET NOVEMBER 3, 1998 PAGE 2 OF 2 PRIG _t ACTION/REVIEW (Council, Boards. Commisslonsl: An Interlocrl Agreement between the City of Denton and H-GAC for the cooperative purchase of various equipment, supplies or s:nices was approved by Council in 1995, Ordinance H95-107. FISCAL INFORMMATION: Funds for the acquisition of these units are available from appropriated motor pool funds P' and will be reimbursed from Certificate of Obligation Sales in Spring of 1999 as approved October 20, 1998 in a reimbursement resolution i PURCHASE ORDER IiNFf M1AT10N: H-GAC has solicited, received and awarded bids fo; the annual contract of fire fighting apparatus simular to the equipment on purchase orders 90105 and 90106. The two units consist or: a One full tilt extruded aluminum cab, single axle, 75' aluminum aerial ladder with a 1250 GPM pump, marufactured by Emergency One, Inc. • One lull tilt extruded aluminum cab, tandem axle, 105' aluminum aerial platform with 1250 GPM pump, manufactured by Emergency One, Inc. Rcspectfull~y submitted: Name: Tom Shaw, C.P.M., 349.7100 Title, Purchasing Agent 1 Attachment 4!: Purchase Order 90103 to H-GAC Attachment 02: Purchase Order 90106 to 11-GAC ' Attachment P3: Photocopy of 75' Aerial Ladder Attachment M4: Photocopy of 105' Aerial Platform 2 . : 25 x ❑ 32 X I O A " x 0 safe, 1 PURCHASE ORDER W. 90105 THIS Is A 1 Ilas ounibet muss sppow on all CONFIRMING DRDEA h invomss. delivery sops, cssss. (IF MARKEN clns, boxes, pscllnp sops and bills. DO NOT DUPLICATE Rea No Bid Nor Date NOV. 3, 1998 Pegs No. I j I PURCILASING DIVISION YB0 a DEN SONf T~X~5EXAS 76711-4354 TEXAS BI71383-7100 DOW 11,111.TRO 817/2!7-0042 FAX 8171383.1302 VENDOR N GAC I NAME! P.n. BOX 22771 14 DELIVERY FLEET SER,ACES C ADDRESS 3555 TIMMONS, SUITE 500 ADDRESS 804 TEXA3 STREET HOUSTON TX 77227 DENTON, TX 76201 VENDOR NO. HGA49000 DELIVERY QUOTED 07-15-99 FOB DESTINATION BUYER TS TERMS INE _w I I ~ 001 1 EA E-ONE RP75 AERIAL LADDER APPARATUS 489,063.00 489,063.00 H-GAC CONTRACT ITEM FS98-93ROEECJIMO Hr!), FULL TILT EXTRUDED A!.IRIINUM CAB, SINGLE AXLE, m EXTRUDED ALUMINUM BODY, ALUMINUM AERIAL. LADDER. n 0 m I LOCAL DEALERt u EMERGENCY VEHICLES OF TEXAS, INC. 8208 NORTHEAST PARKWAY, F'ITE 111 NORTH RICHLAND HILLS, TEXAS 76180 ' 817-281-4172 I ~ 1 MANUFACT'URERt EMERGENCY ONE, INC. 1601 S.W. 3?TH AVENUE OCALA, FLORIDA 34474 PACE OTALt 489,063.00 0 720-025-0584-9104 GRAND OTALt 489,063.00 • 1 VINDOA INSIAdC110N5" I ietmt • Net 10 e.u,..m.nn u.r...t I Send eripM,l en01ce w41N duplxlls tool 1 Ship pi no in5lwc bons. 108 Oeslnuaon Arepud OW.,, A,.I 1 AIR N A,t0013 Psyssls I NO fedetN It Ville stirs 11. Ilull be Mclnded IIS ( 1AcKinne Ss M 7rlces billed uc usRq Sxx1 _ .,II.m.a..lLttt f i 32X e Anew= t t • I : I PURCHASE ORDER NO: 90106 ~r THIS IS A This nwnber must appow an all CONFIRM:% OROEh invoices dehvuy skips, uses, OF MARKER tins, boxes, packing slips end bdls. DO NOT DUPLICATE Req No. Bid No: Date: NOV. 3, 1998 Page No. 1 rtACHASiNG DIViS`s10NN 19001 B DE~ SONf TDEENTONNSEXAS 76201-4361 8171383-7100 DJFW METRO 8171267-0042 FAX 8171383-1302 VENDOR H-CAC NAME/ P.O. BOX 22777 DELIVERY FLEET SERVICES ADDRESS 3555 TIMMONS, SUITE 500 ADDRESS 804 TEXAS STREET HOUSTON TX 77227 DENTON, TX 76201 VENDOR NO, HCA49000 DELIVERY OLIOTEO 07-15-99 FOB DESTINATION BUYER TS TERMS AM. D Y I r .r x i r'r'4" ~y u, d ^ h OO1 1 EA E-ONE NP-105 AERIAL PLATFORM APPARkTUS 682,030.00 682,030,00 H-GAC CONTRACT ITEM FS98-96RBEEHJJMOO ff HPI05, FULL TILT EXTRUDED ALUMINUM CAB, TANDEM AXLE, EXTRUDED ALUMINUM BODY, ALUMINUM AERIAL PLATFORM. n LOCAL DEALER: n EMERGENCY VEHICLES OF TEXAS, INC. 6 8208 NORTHEAST PARKWAY, SUITE ill " s NORTH RICHLAND HILLS, TEXAS 76180 . 817-281-4172 MANUFACTURERI EMERGENCY ONE, INC, 1601 S.W. 37TH AVENUE OCALA, FLORIDA 34474 j e 0} 720-025-0584-9104 i PAGE TO Lt 682,030.00 ~ GRAND TO L: 682,030.00 wNlia AsluLIIONS, 1 leans • Nei 30 I S(nl srq~u,l IUrelte with /tHbute tool I Sh-pplnl inrucl,ont. FOP Orstmolion kervl ,r.ii.. .r«nu v,••s.n I Oil to kcrowds hYebls S No lelerel of ! lu sates to sbrll be ee.b,Aul Its I mo 111 Stto pr.ses bdlee 1'II,Ita'.M lu f}irl:lte't _ _ , . niu,_L5 ~ sttir p f 25)'10 32x ' Attachment N3 loo i b~ 1 AIL i Alf f- ro LAMNIR urn_m 611 r, ,y 5 0 Attachment C4 . PLA Tf- v Aol f r w 14 ' + 1 cl#14- I I II r 1 i I 6 ~ I T I J~v i I 32 x I '"N - , O 1 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTO N AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TWO PURCHASE ORDERS WITH THE *-,OUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE PURCHASE OF TWO FIRE TRUCKS BY WAY OF AN 1NTERLOCAL ' AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE FXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 90105 TO H-GAC/EhIERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF S489,063.00 AND PURCHASE ORDER 90106 TO H-GACIEMERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF 5682,030.00 FOR A TOTAL AMOUNT CF 51,171,093.00. WHEREAS, pursuant to Ordinance 95.107, the Houston-Galveston Council Area of Govemmeats (H-GAC) has solicited, received and tabulated comr)etitive bids for the purchase of necessary materials, equipment, supplies or servic,s in w,a•rdance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Houston-Galveston Area Council of Governments (H- GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, Ur: City Council has provided in the City R dget for the appropriation of funds to be used for the purchase of the mate als, equipment, supplies or services approved and accepted herein, NOW, TIIEKEFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $ [(Q,~j That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereh, are hereby accepted and approved as being the lowest responsible bids for such items; 1 PURCHASE ORDER VENDOR AMOUNT 90105 H-GAC S489,0653.00 90106 H •GAC !6821030.00 SECTION IL ';hat by the acceptance and approval of the above numbered items set forth in the utta.hcd purchase orders, the City accepti th offer of the persons submitting the bids to the 11-OAC for such items and agrees to purchase the materials, C ` equipment, supplies or scrices in accordance with the terms, conditions, soecificatiers, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. 7 , ' `k 32x~p O r 'iB&MM 4 r 1 1 I SECTION III. 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 H-GAC, 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 tenns, conditions, specifications and standards contained in the Proposal submitted to the H•GAC, quantities and specified sums contained in the City's ! purchase orders, and related documcats 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 .xpenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION V, That this ordinance shall become effective immediately upon its p passage and approval rj PASSED AND APPROVED this day of , 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r u r * BY. 9010 & 90106 PO STATE. CONTRACT ' S , •r 401, 1 a {~R Y f~~~L.,d 4 1 3~ x., . ,r • 0 Agenda yo,Ax Agenda Item _ AGENDA INFORMATION SHEEP Da:e - AGENDA DATE: November 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Gary Matheson 349-7926 ACM: Kathi DuBose, 349.8228' I hUBJECTI AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #90113 TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF 533,680.00). DACKGROUND: Ten of the MTS 2000 111 Smanpot mobile radios and associated equipment are intended to outfit the 10 new officers to be hired under the COPS Grant Program. The other four are to upgrade the radius utilized by the Criminal Investigation Division Officers, RECOMMENDATION: 11'c rccomnund purchase order 90113 to Motorola Communications be approved in the amount of 533.680,00, LSTI IATED SCHEDULE OF PROJECT: Ihese radios and related equipment have an estimated delivery schedule of 6 weeks after receipt of order or around mid-December, 1998. iI5CAI, INF0P01A'IION: The funding for this purchase is available in the 1999.99 budget account numbers: • 100.070.0040•P001.9110 $23.708.00 710-025.OS84. 9104 S 9.972, 0 • ~ 533,680.00 %Xd tl 1 i 5 10 32 X10 0 1 4 j: l1 AGENDA INFORMATION SHEEP ~ NOVEMBER 3, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION: Purchase Order 90113 to Motorola Communications in the amount of 533,680.00 is for the acquisition of 14 each MI'S 2000 111 Smannet mobile radios and associated equipment. These units are available from only one source, Motorola Communications, and are exempt from the bid procesr as per Chapter 252 of the Texas Local Government Code. Motorola Communications hc'ds the patent on these units and only sells direct to the end user. Respectfully submitted: Name Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 1 i Attachment ML Purchase Order 90113 to Motorola Communications Attachment p2; Sole Source Confirmation from Motorola r' ~u~ na ~rt~ / , !I 1 .r I ~t I 2 i' 32 X [I 26 r i. r. . 0 0 I I I PURCHASE ORDER 140: 90113 THIS IS A Tmv number irusl Appeaf on all CONFIRMING ORDER (IF Ilol nno,n+. delivery slips, utn, cues, bases, pacllnp slips and pills DO NOT DUPLICATE Y Ilea No Bid No Data 10 08 90 Pape No 01 CITY OF DENTON TEXAS PURCHASING DIV+S100 1 901-8 ItXAS STREET ' IENTON, IEAAS 76201-4354 N 940/349- 7 100 Wi METRO 8171267-OU42 FAX 9401349- 7302 VENDOR MOTOROLA COMMUNIC!.T10NS !LAME! 1801 ROYAL I.N 1800 DELIVERY CONFIRMATION ONLY COB ADDRESS ADDRESS POLICE DEPT DALLAS TX 75229 601 E HICKORY SUITE E DENTON TX 76201 JIM MANTOS 1 VENDOR NO MOT52500 DELIVERY OLIOTED 12 01 96 FOB DESTINATION BUYER TS TERMS ~I OIIA T LINE col Io.00 EA VENDOR CAT. IHD19X MY(; NAME 2,252.000 22,520.00 + CITY 1 9100 HIS 2000111 9MARTNET H37 20414 NO CHARGER uu2 10.00 EA VENDOR CAT. IRLN4335 MFG NAME 77.000 770.00 CITY 1 9100 BATTERY ELIMINATOR i 001 4.00 EA VENDOR CAT. JNTNI168 MFG NAME 98.000 392.Ou n. I` CITY 1 9100 . ENHANCED CHARGER un4 4.00 EA VENDOR CAT. 4801OX MFO NAME 2,752.000 91008.00 j CITY 1 9100 MT8 2000111 9MARTNET 1137 204H NO CHARGER I P OE TOTAL 1 32,690.OU ufNDON l%!AUUhONS I Te,mk - Net 30 •'"'•'•'~''''1 1 Send tugmal ,n++me rill 6uFlitell Cope 4 Shp of mslfuchenl. FOB 0e111ntlien MepMd fi.w..w.,•',..,.i,n.al 1 1141 to • Account P+y+ble St S N+ ede,+l of toile sales 1as M+II be ,nctuded in prrcel killed c m1 Division 3 19 f sMr s inntk - I Oenlun, 1s 76201.4199 75K0 ',ku vl 32 . p 1 4 r S, i. - THIS IS A PURCHASE ORDER NO: 90113 CWIRMING ORDER INS nr must oppee all r o . INewt do dehus shpt cases , (If MAAXED) tint, bo.n. Cocking slips and bins. DO NOT OUPLICA16 ReR No 04d No. Dole 10 OB 98 Pogo No. 02 r Pl1RCHASING DIVICON 11 901-8 TEXAS DENT, ITDEEN`ONN S. 75201-4354 9401349-7100N DOW MEIRO 8 1 7126 7-004 2 FAX 9401349-1302 YENDOR NOTOROI.A CONMUNICATIONS NAME1 1801 ROYAL LN 4800 DELIVERY CONFIRMATION ONLY COB ADDRESS ADDRESS POLICE DEPT DALLAS TX 15229 601 E HICKORY SUITE E DENTON TX 76201 JIM MANTOS VENDOR N0. MOT52500 DELIVERY OUOTEO 12 01 98 FOB DESTINATION BUYER TS TERMS E LINE OUAH11 1 - - l~ 00S 4.00 EA VENDOR CAT. IRLN4335 MFG NAME 77.000 300.00 CITY 1 9100 { BATTERY ELIMINATOR k t UOt, 4.00 EA VENDOR CAT. ONTH1168 MFO NAME 98.000 392.00 CITY 1 9100 ENHANCED CHANGER 1 001 4.00 £A VENDOR CAT. 41IMN6193 MFG NAME 66.000 264.00 ilk e CITY 1 9100 A REMOTE SPEAKER MICROPHONE uuu 1.00 EA VSNDOR CAT. IBDN6119A MFG RAPE 26.000 26.00 CITY 1 9100 EARPIECE M13.5MM THREAD PLUG P GE TOTAL 1 99).00 1 • GR ND TOTAL 1 33,680.00 100 070 004D POOL 9110 23,708.00 '720 025 0584 9104 9,912.00 vlM'OA INSIAt1UhON5 1 firms Net 10 t'^n•. mr.,. •r. .n Y I Sand 1nllnol mimts with luplitds COPY 4. Shrpping Inslruthonl FOB De SlimaliM preps,d a,r.,. .m....., w.. n.n I. g'I 1e Attoantt rpbh S No ledarol of sldo Stirs w dell la IlxWeA - - ir: In,Ir>n 215 l Mcknme It COI p,ntrt 611e1 Donlon, IA 16201-4799 ` x ~ ,dwtin~r it X 10 32x10 11 V 5'a 7 V v. i f TAM i 0 l S t 1 i " 1'ys I , 1 !E. OCT, 16. 1998 9:339 8477H4244807090LA NO, 5283 P. I ATTACHMENT M 2 r October 16,1998 Tom Shaw Denton, City Of 901B Tcxu $t Denton, TX 76201 Dear Tom, This letter is to confirm that at the present time the Motorola, MT52000 model III radio Is a We sowce item. This radio can only be purchased through Motorola Direct, If you have any questions feet free to contact me at (800) 367-2346 ext. 5068, Sincerely, Kris Price Inside Sales Representative 1 ~ I i r3 x Ia ' r 32xla ~I I _ I I ORDINANCE NO. i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM , ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 490113 TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF 533,680.00). WHEREAS, Section 252.022 of the Local Government Coda 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 processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need 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, f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUS VENDOR dkMQ NT 90113 MOTOROLA COMMUNICATIONS $33,680.00 SECTION II, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. , SECTION III. That the City hlanapet is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is herrby authorized. C 0 SECTION IV, Thal this ordinance shall become effective immediately upon its passage and approval. 6 10 32XIO 'Y ~ 1 r 1 ~ a i R 1 • • R r' PASSED AND APPROVED this the _ day of .1998. J JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: 9011 S.SOLE SOL'F:CE I , 1 I t r. k, 'r i ,r E R 1' } i 1 iryi I{ j/~iyrl~ I 'flu 1 R. !I FJI I Mfr Ii\ I rA, I O r Agenda Ni Zd_~•(,L Agenda Item/_ ~j AGENDA INFORMATION SHEET Date _ ._`~.e+ ~e 'M 1 AGENDA DATE: November 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349.7758 ACNI: Kathy DuBose, 349.8228 SCDJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE MAINTENANCE FOR ADVANTAGE FINANCIAL SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH r PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 90119 TO AMERICAN MANAGEMENT SYSTEMS, INC. IN THE AMOUNT OF 5108,901 r50). @ACKGROUND: The intent of this sonware maintenance agreement is to assist in br^ging our financial software into Y2000 compliance, RECOMMENDATION: We reco nn end purchase order 90119 to American Management Systems, Inc. be upprov.d in the amount of 5108,90LS0, F STIJIATED SCHEDULE OF PROJECT: This is an annual agreerent and covers the time period of Oclober 1, 1998 through Septcmhcr 30, 1999. FISCAL INFORMATION'', Funding for this maintenance agreement is available in the 199899 Information Sen-ices hudgct account number X70-(44.0080.8521 Software Licenses. NO I'I 32XIa ~ T ~ Ir y. n~ M , . AGENDA INFORMATION SHEET NOVEMBER 3, 1998 PAGE 2 OF 2 M PURCHASE ORDER INF0I11N1ATION: Thin purchase order is for an annual agreement to provide maintenance for the A'11 artage Financial Software. The agreement includes assistance in making our system Y2000 compliant, software updates, trouble shooting of the system and any changes or corrections to existing soN,are. This sofhaare controls all financial functions including budget preparation, fixed assets, purchasing. accounting, inventory control, accounts payable and pre-encumbrance budget controls, ~r American Management Systems, Inc, is the sole pro%ider f.r this maintenance sen-ice and the acquisition is therefore exempt from the bid process, n Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title; Purchasing Agent t, Alfachment d l: Purchase Order 90119 to American Management Systems, Inc. Anachmcnt p2; Invoice 4009P3172 from American Management Systems, Inc, r " l:P N61 1,D% r. + , I , , I 11 lV 32x0 q . ti i' a a ,Q E% r. I h , 0 C t i i I I i ~ Y , k ~ l r Y , ~ I I , PURCHASE ORDER NO: 90119 THIS IS A f CONFIRMING ORDER invoices. de muss appea , cam, dl . (IF MARKEDI c in% , ba c . u DK 1cruvPl 1h lnp mpo slips ps end bdlV DO NOT DUPLICATE i tnt, . ~ . 11eC No. Bid No' Dab: 10 15 98 Pepe No. 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-5 TEXAS STREET I DENTON. 1EXAS 78701-4354 s ~i I 9401349-7100 D/FVV METRO 5171287-0012 FAX 9401249-7307 - " VENDOR AMERICAN MANAGEMENT SYSTEMS, INC. ~ NAME/ 4050 LEGATO RD DELIVERY CENTRAL RECEIVING S11 ADDRESS ADDRESS INFORMATION SERVICES FAIRFAX VA 22033 901 S TEXAS ST DENTON, TX 76201 VENDOR NO, AME42000 DELIVERY OUOTED 11 03 96 FOB DESTINATION BUYER TS TERMS I 01 GUMMY I LINIT s~ ma 001 1,00 EA VENDOR CAT. 1 N / A MFG NAME 08,901.500 106,901.50 CITY 1 8100 ADVANTAGE FINANCIAL MANAGEMENT FEES FOR OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 REF. INV 1 009P3172 P WE TOTAL. s 108, 901 5D Gp ND 'TOTAL s 106,901.50 ~•7T0 044 0080 8521 108,901150 V1. Will INSTRUCTIONS: 3 Terms • Nei 30 V, N,. .M....,. P., hod! I $enl erilmrl Invoice wiml depbome Copy 1 shippm1 01111 Isom 101 Oetbnmo9 prepud U.N,, .dr.., nueMl Iii is Accemts 7eyeblo S. No IedflAt Of Vero we$ IeA "I be Included p15 E Ndrnner SL in pIC111111eo et rmq visdt r I yl Oem9n 1N rE201 4399 3 25 a 32x~ t' t ' 1 ~ a % r • - r r , ATTACHMENT If 2 Ms. Bobbie Carpde October 1, 1998 " City of Denton Project No: P2649 601 1. Hickory. Suits A Invoice No: 009P31 72 Denton, TX 78205 Pepe No: 1 of 1 r INVOICE ADVANTAGE Financial Muntsnenca Fne for October t, 498 [MaupA Sspnmbsr 30, 1999 j t t P IaseIII item {47,791,50 ADVANTAGE Desktop 09,00000 ADVANTAOEIDS $15.CD000 Extended Purchasing 118.245.00 i 1 Invem cry Control $12,312.00 1 , I . Job Cost Accounting {8,550.00 InvoiceTotsl {108,901.50 i ' HIV►y[rCV ~~~~y{/"t+^"' Miceli Beltran Financial Administrator PLEASE NOTE: PM'MENT DUE UPON RECEIPT. Please make rem,ttsnce Owabte to', Amaneen'f,.napement SYstsms, Inc - 1 ID* not Include eafes"Mencel P.O. Box 101041 Atlanta. CA 30321 Not. Inv. 0009013172 • I I I 6 i 4 r' - - ~r ?5 K El 32x10 tam { i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE. EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE MAINT; `A. "-E FOR ADVANTAGE FINANCIAL SOFTWARE WHICH IS AVAILABL. ROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 90119 TO AMERICAN MANAGEMENT SYSTEMS, INC. IN THE AMOUNT OF $108,901.50). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only availabI: from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and -.her utility purchases; captive replacement parts or components for equipment; and library materials for a public library Iliac ate available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and 1VHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragr.ph; NOW, THEREFORE, s THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I I SECTION L That the following purchase of materials, equipment or supplies, as described in the "Purchase Ordcrs" attached hereto, are hereby approved: i PURCHASE ORDER NUMBER VENDOR AMOUNT ~ i 90119 AMERICAN MANAGEMENT Sti'STENIS, INC. $108.90110 j i , " SECTIO.Nll. That the acceptance and approval of tl,c above items shall not r constitute a contract between the City and the person s ebr~itting the quotation for such items until such person shall comply with all require,iicnts specified by the Purchasing Department. SECTION Ill. That the City Managcr is hereby authorized to execute any l contracts relating to the items specified in Section I and the expenditure of funis pursuant r ' 0 lo said contracts is hereby authorized. 0 . SECTION IV. That this ordinance shall become effective immediately upon its pntcagc and approval. i , 5 e, rr K~ 32 X I O 5 ` • a y O t E "avoao ' ' J ' t i PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:r. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 ` BY: 90119-SOLE SOURCE 1 r e i' i . J. !r I i f 6 .1, } 32 X7 10 , 0 Z Agtnda No agenda l1em. f _ nate_ AGENDA INFORMATION SHEET AGENDA DATE: November 3rd, 1998 DEPARTMENT: Planning & Development CM/DCI11/ACNI: Rick Svehia SUBJECT An ordinance authorizing the execution of a change order to a contract for forecasting and land use pli',.rang services between the City of Denton and RUST Environmental and Infrastructure / Hellmulh, Obata, Kassabaum Inc. aka RUST/HOK consultant twin providing f' for an increase in the quantity of work performed and an increase in the contract amount; and providing an effective date. (KFSP # 2140 - Professional services for land use planning and forecasting awarded to RUST Environmental and Infrastructure in the amount to $224,642.00; change order # 2 in time amount of $37,846.49; new contract price 5255,988.49). BACKGROUND A consultant contract was approved by City Council in January 1998 that authorized the production of population forecasts and alternative development scenarios. Following Council review of the Alternative Development Scenarios, Council decided that a strategy was needed to allow proper assessment of different growth patterns. Staff recommended that the consultant scope of work be amended to authorize the preparation of a Growth Management Strategy, which Council approved in concept at their August 25`h, 1998 work session. The August 251h work session addressed 1 ask I in the scope of work, which called for the identification of growth management issues. A list of growth management issues that were idcnti ficd by city department heads during individual interviews and collaborative review 4( were discussed. The results enabled the consultant finn, HOK. to determine the emphasis of ensuing research and analysis. At the work session, the cor,ultants summarized the issues ; identi ficd by department heads, followed by additional Council comments and suggestions to guide future consultant efforts. Comments regarding priorities for consultant research or public participation were provided by Council. s 1lie Growth Managemen( Issues identified were used to construct a community survey administered by UNT/SRC and set the preliminary scope of work for the draft Growth 1lanagemcnl Strategy. Adjustntcnts are likely in response to public rcNicw comments. j i Bwwd on the research of HOK/Renee Jaynes and the developments from the SRC survey, O I IOK and Rence Jaynes prepared a Growth Management Strategy Plan with recommendations O and roots. This information will be used in a series of public meetings w.tich began on Monday, October 26'h and will culminate in a community workshop on Saturday, November 14"'. The Council will receive weekly updam of community meeting status and comments received, 1'11)Ik-nmkmisbf(' 11HINAIS-PrH".M1N( I.3(A1S('02dx t i 32 x i ♦ O . , 1rM I it I i Change Order #2 includes the remaining scrN'ices needed Io complete the Growth Management Strategy, Ivhich includes tasks 6 through 18 as indicated in Exhibit A. OPTIONS ' L Amend Change Order N2. 2. Deny authorisation to execute Change Order 1f2. 3. Approve Change Order 42. RECOMMENDATIONS Approve Change Order ft2 as presented in Exhibit A. ESTIMATED SCHEDULE OF PROJECT These tasks are expected to be completed by early January 1999. A detailed GeogEXIST raphic DATA y y arY In'onnation schedule is attached as Exhibit 8 that Resource Availability outlines specific meetings and public External Innue,laes hearings for Growth Management Strategy review and comment. FORECAST gY Demographic Fore call I Land Use Demand RP IOR r1CTI0;`iIREVIE\V F+scar Impacts ~~j During the August I l"', 1998 Work Session, City Council indicated support COMMUNITY VI Y Mission statement ent for staff to execute administrative General Goals Change Order t t in the existing s objectives I1OK.+RUST contract. Pol ids - s..~~ro NTON PLAN POL9CIES ent The Growth Management Strategy fits Growth Management Policies within the overall Denton Plan process proposed by staff in June 1997. The Alternative Development Scenarios relationship between the Development Preferred Development Scenario Scenarios, Growth Management Strategy, and Comprehensive Plan is indicated in the adjacent chart: L11~1e 'i' 15CAL INFOR11ATiON A.pproximately S4,863.00 in unspent SMALL AREA PLANS funds from the original RUST/110K Narrow scope or Interest contract and Change Order #1 is Area • specific Issues available for the Growth Management LION Strategy Changc Order 42. An IMPLEMENTATION additional $37,841 budget is earmarked Plan Effectuation . in the proposed 1998-99 budget to pay for the additional Seniecs needed, SZONING ORDINANCE UBDIVISION REGULATIONS REGU O • SUBDIVLATIONS g In a total of S42,710.00 for ANNEXATION PLAN resultin ^IFRASTRUCTURE MASTER PLANS Changc Order 92. Staff prepared CAPITAL IMPROVEMENIS PROGRAM administrative Change Order N1 to allow PUBLIC FACILITIES PLANS PACI FEES work on the revised scope for tasks that VOLUNTARY/INCENTIVE PROGRAMS My 1 Aku rvWA,NIa' n] I t (IMS PI)S AiS ('C I I J (iM5 Co 7 d1V 2 t e O ~ wr were completed by October 1'% 1998. Staff is now requesting for Council authorization to execute Change Order I#2 to complete the remaining tasks in the revised scope, using funds from the 1998.99 budget. EXHIBITS Exhibit A: Change Order #2 Exhibit B: Public Meeting Schedule Exhibit C: Growth Management Strategy Scope of Services Exhibit D: Forecasting & Land Use Planning Scope of Service Exhibit E: Change Order kl t ;Respect€u13y-Submitted; acid M. Hi11 Director of Planning and Development Prepared By: 1 It ALAO"A, Nancy K. M cth Comprelicn ePlanning Manager I ~ fk r e t r i ~ i { ~.I r-. ••osi) nkxum ntwcuril ciMS Pmws rx: 11-3 WSW2d% j ` r I - 7 X I a s ' p t, ~I 10I lan r.T :^:".eJ 03':"ll P,6T L1"aiITEF JHEyr1' OF DD=N "AWING p WOOS City of Der,.-on _ Change Order DWmkrvDapwW.mt Purdws Order NumDw Chow$ 0(dw tluaeaet FWMERS a Dewlepmanl Depa bmm set 79 W Projact llama PMjed Acm" hkunbw DrS PVP"d Fomen" A Lrtd Vea PWnti q swVow O(dW&hao $6444 October 16",1 M1 C4nkaei0r No" INW Imiuonewrod i k*wwatma, teas Rad ZMwa, "*a Manger 1476 t MaOkkt*W Lrte, Dales, Tana 70947 DaWWW of Wak InekdW in OrIGM Calnet SWW Mind le CONVA W" PIM DM1*PF0W lhd hVW Fee ftk 01 Ga Chanpaa CTdaeadit"Dft be ChWp (LW ktdlA" dW*U) 0 42,T10A0 ' , , AddWWW SWO of UMOM: OkeMk 71af/aeINFO lVd*W*fV% N 0e0w10 S /,000A0 Tak / Dovdq Draft ►eoft Oeonth Ind Devalopaara I j Ws -s Tank T D"Op DMt Oea lh 14tm/a w I Otratoy I $Am." Tak 6 %&w Moatl dA aqr t11d1 0 1AOOAO Taac0 cftCeahelWortsfloaoI, Iftn" f 2,600.00 Tuk 10 Co tAtrkahop tM 6 2,600.99 Tak It Oerabp Fbral ireHnot OrOWI and OWWA P t" In 1 ; 1. 6" Tak 19 ofteop goal OMWM wwwww MA S1nN _ Twk 12 Ww by Oewth Mer 4*naM Sfralep Teak 74 WOW V*Wftl ldit C14t WAR 9 I OWAO Tank 1/ Clty Caanal Work sambn Irk" I &,MAO Taak16 Fk AVANtana 0 IAWA0 Tnk 17 OrowM Mvn l n wil f rebW Ar som i Taak 16 Draft 0umewy ft"A OAalnal Cohtreet Am ag 6 CMnfe Order 1 1216,147.00 AarhaMJN 00114a w4 w ceetrad 1 40W AddMoM SaWW" Sao" Tub 611 1 42,710A/ CAartpoCVderAne'rnt S 67,6N.40 Amendad Gamma Amount W1.91Ld0 TM Ak m maonod ft w, rd wA affaofl ftmby. Is %*a k A"n*w alp6deeM Ind 0omW14 x laauw to Roaaen 1"mc od Oaplrknanl D(roaa Drag G- P. 10,41440 QpSed Iy `~ortpeQpr . s1o Tda Dete Depub Gty L1anWa► stpneare Dar ca/ Manfpar I roan r. p, aehuAtpNitanca IOilSlTA w~ c Wy CC 11-3 cm 001dr 4 II I i i n~~ia. 7y K ~ 0 32 X I O } , t 3 . C 1a 1 f ~ ~ t n 'P COMMUNITY MEETING DATES: Scripmn P Malues Area Wymr EM Cafeteria Mon. Ore.:dth 74:30pm Jr :100 Malone Denis Neighborhood I Southwest Ara Borrrwrt Elcm Ca&OCria Tam Oct 17th :5.. 74:30pm I 1201 Pervfn ` Northeast Dame Ara Wilson Ekm Cafeo:ria Thor. Oct. 291k 7-1:X)pm Of 1301 Emerson Mack Pad/ Use Deemer Area Lee Ekm deck is Moe. Nov. led 7430pm`I Soo Mack Place East Dates! N.LCX Nelgbborkod MLK Rec Center Prom A Tues. Nov3rd 74:30pm 1300 Wilsuln ' Sootbridge Ndgliborhsod Ara Housloe Mein Cafet & Wed. NOV. dth '7-P:30pm 3100 Teulq , North Lakes ! Norsk Denton Ara North Lakes In Center Thor. Nov, Stk 74:30pm 2001 W. Windsor DowotswoAnn city Cottrell Chiarbers Set. Way. 7t1 loaro-11pm ' ]I5 EMcKimey » Hickory Creek l Far South. McNair Ekm(kfemria Mes, Nov. 91h 7.6:30pm 13 11 Hickory Creek Rd n r. Nortktssl Ara ? Hodge Elan. Cafrkrin Thum". 11th a„ ;74.30pm i, Cammalty Wide Workskep Calhoun Middle School Call Sat. Nav.llth %3pm Plast RSV P(940) 319439 709 core" PLANNING COMMISSION & CITY COUNCIL. MEETING DATES: ` Pleasing OZoning ComreiwlosWork $two■ City Hatt Wed. Octlf° 53opm City Council Work Sessioa City Hail Ton. Nov. 10" 6:oopm MseologA Zaning Commtulos Public Haring CRY Hall Wed Nov. l1° 53opm ! - City Coo sell fabric Heari erg City Han Tau. Nev. 11 6Ooprn City Conceit Brleflog City Han Too. Deer 1! 600pm Pisenln I A Zoning C°mmlulon hWe Hearing City Hall Wed Dec. Ito 5:30pm City Council PubUe Hearing A Poaide Adoption City Han Ton. Jan. S° d:o0pm' ' (Second Pobl'e Haring If Net" City Caacn Public Haring k PoulWt Adoption City Hall Toes. Joe. 19^ 6-0opm ADDITIONAL MEETING DATES: i24pm y' WSWO: Jotol MeeOn DiSD Wed Oaf ]1e 9.0own Public Utility Begird g Service Cnkr Mom Kaye :OOvm TntRcSa"comnfulao CHIN men, NOT; IN 500ptn 04 Senior Coster Civic Center Park Toes. Now. 3 a 1:30pm I Fred Moon Center Fred Moots Center Than. Nw~! , t]:OOpm E°vin°rratnt Committer UNT Wed, N°vd 6 dthrnl1w ?arkioard Undetemined Men. Nov, to 1. .1 . V-1 i EXH181T 8 C:Nfy Dxumat;WCBETFMMS-PDSNIS CC 11-0 01101300 2410c 3 f 10 32XIO I O Revised 6 August 1998 Proposed Agreement Between The city or Denton City o! Denton Comprehensive plan and Hellmuth, Obsta & Kassabsum, Inc. Consultant's Draft Scope of Services I GROWTH MANAGEMENT STRATEGY - PREFERRED SCENARIO Task 1 - Identify Growth Management Strateay issues Examine and develop recommendations for the urban development issues to be addressed by the Growth Management Strategy. Issues will Include those that tho City Council has Identified as being Important during their review of the Altemalive Development Scenarios. The growth management strategy Issues could Include: • Amount of new development activity to be accommodated within the planning horizon; a impacts of new development upon the Denton Independent School District; a impacts of new development upon existing and future utility services; a Types of land use to be encouraged or discouraged; a Appropriate ratio of land Use to Promote a Healthy City, a Methods to Focus future Growth In Desired Areas; a Density and timing of development; a Quality of life opportunities to be preserved or enhanced; s Methods to address environmental Issues as new development occurs. Meet with the CRY Courcil to identify additional Issues and to prioritize the Issues to reach consensus on a referred area of focus for the study. This scope Rem is time Critical and will reaulre meeting with ft CRv Council on or before August 25 to achieve the orcoosed December 1998 vole_ coins etion. p I Task 2 -Identify Existing Denton Growth Manaalimant Technlaues Meet with City of Denton Department Heads to Inventory and examine the cwrenl growth management system utilized by the City of Denton. This would include both components of Ve growth management system - Decision Guides and Action Instruments, Exernples of Decision Guides Include land use policies, plane. policy statements and capital Improvement programs. Examples of Action Instruments Indude regulatory instruments (such as zoning and subdivision regulation); public Investments (such as expenditures on highways, water and sewer facilities, schools); and Incentive and disincentioe programs (such pricing polides for utility owrykes and preferential taxation). The heads of the Planning; Parks; Utilities; Economic Development; Elecldc, Nslna39 and Environmental; and Transportation Departments will be Interviewed Individually and asked it, :tentirr perceived Iwobiems and potential methods for Improving the existing growth management system. FcMw4ng the Individual Interviews, a group meeting with department heads will be held to discuss the consultant's findings. 0 Task I - Identify Growth Management Techniques Utilized by Other Communlttea Research the growth management strategies of other U.S. cities that have faced similar development pressures with a focus on the applicability of each strategy In Texas, Examine examples of 4 to 8 cities in Texas and/or the United States that are relevant to the Denton experience and could be used as models for a Denton strategy. Determine if enabling legislation exists for each potential strategy to allow utilization In Denton. Identify other growth management system tools that are available to the City and not currently being utilized. ~ O • `0 t Task 4 - Community Survey - Growth Management } Wth City staff coordination, prepare a general survey to eorcit opinions on growl` models, strategies and other growth Issues from a broad sample of Denton residents srd businesses in the Study Area. The City Wit print and iisirtbule the survey M the CRy's newsletter ar ij m u Ills City's website, and celled the completed returned survi s for the Consultant to summarize the results, i EXHIBIT C Page 6 ~ lw r~1~ .ws a fF ~ , 32 x Y f I e , O I 1 1 Task 6- Prepare Overlay Maoe for Profs rreQScenIrlo Discussion Develop a series of 20"x42' registered overlays to utilize In review meetings with City Staff and City Council i Work sessions identified in tasks 8 and 9. The following coverages vAlt be Induded: • 3 and 5 mile £TJ-, • City Limit; • CON Boundaries; " • School District Boundaries; • Major Roadways; • Flood Plains; • Existing Land Uses; • Emerging Trends and Characterizations; • Composhe Suitability. Task 6 -Develop Draft Preferred Growth end Development Scenario Based upon the irfonnation leamed from the Community Survey, and from the City Staff direction, the Consultant Wit develop a graphic of the Draft Prefer ad Growth and Development Scenario (or hybrid of alternative scenarlos) considering the following factors: • The Draft Growth Management Strategy • Existing land use patterns; • Population capacity • Desired densities of future development; • Commercial and Industrial growth, dete z ling the probable amount of development as a function of population and policy; and, • Transportation corridors, indicating corridors needed to serve the development patterns Implied by the preferred scenario. Task 7 • Develop Draft Growth Management Strati?y Develop a Draft Growth Management Strategy designed to achieve the desired objectives of the City as identified In Task 1. The strategy Wit be In a written format and will address both Decision Guides and Action instruments, ar,d would recommend new ideas as well as revisions to the Clty's current growth management system, and will explore the legal issues associated with the strategy. Task 8 - Review Meeting With City Stan (000;2001) Present the Draft Preferred Growth and Development Scenario and the Draft Growth Management Strategy to the City of Denton Department Heads at the oonsultent's office to answer questions or concerns poor to Community Workm,op 01. Task 9 - Cfty Council VV-orksos%lon Orlefina (Optional) Present the Draft Preferred Growth and Development Scenario and the Draft Growth Management Strategy to the Denton City Council at a worksesslon to answer questions or concerns prior to the Community Workshop. Trask 1g_Community Wor sho A workshop Wit be held at which the Consultant wilt present the Draft Growth Management Strategy to solicit public Input. This workshop may be a joint meeting of the Council, PAZ, and the Crty s Economic Development Foundation. The City will be responsible for advertising the workshop in advance using the local paper, the local cable public access channel, utility bills, the stakeholder network, and other methods, Advance O • Information should also be made available to the Council and PAZ In thNr txiefing packets prior to the sp workshop, I Page 7 ` r t •.o rrvryR 3 2 X E) e LiiY~'k3 i li Task 11 • Develop Final Preferred Growth and Development Stenarlo Based upon the Information teamed from in Community Workshop 1, and from the City Staff direction, the Consultant will develop a graphic of the Final Preferred Growth and Development Scenario considering the I following factors: I • The Final Growth Management Strategy; , • Existing land use pattern a; • Population capacity; • Desired densities of future development; • Commercial and industrial growth, determining the probable amount of development as a function of population and policy; and, . • Transportation corridors, Indicating corridors needed to serve the development patterns Implied by the preferred scenario. Task U - Develop Final Growth Management StrateaY Based upon the comments receved In Community Workshop 1, finalize the Decision Guldos and Action Instruments to incorporate into the Final Grath Management Strategy. The Final Growth Management Strategy will be prepared as a summary of written recommendations with tables and charts as required to fully explain the strategy. Task 13 - identify Growth Manay!ment§trateg 1mplicatlons Review the Final Growth Managemem Strategy as it relates to the adopted Denton Plan Policy Documents and identify areas of Incompatibility between b:e two documents. 4 Task 11 Review Meeting with Citv Staff (Optional) Present the Final Preferred Growth and Development Scenario and the Final Growth Management Strategy to the City of Denton Department Heads to answer questions or concerns prior to presentation In City Count Worksession. Task 15 - City Council Worksesslon Briefing Present the Final Preferred Growth and Development Scenario and the Final Growth Management Strategy to the Denton City Council at a wortcsession to answer questions or concerns prior to the public hearing to consider the adoption of the scenario and strategy. Task 16 - Final Revisions Based upon corn nents reoetved In the City Council Worksesson briefing, make final revisions to the Preferred Growth and Development Scenario and to the Growth Manage vent Strategy prior to the public hearing, e Task 11 • Growth Management Strategy Adoption The Consultant will present the Preferred Growth and Development Scenario and the Growth Management Strategy to the City Council for consideration of adoption In a public herring format. The City will be responsibit. for advertising the hearing In advance using the local paper, the local cable public access channel, utility bills, ire stakeholder network, and other methods. Advance information would be prepared by City staff ® and be made available to the Council in their briefing packets prior to the hearing. t O e i;r+ Task 16 - Draft Summary Report The Consultant will prepare a draft report with text, tables, charts and graphite summarizing tho planning process, the adopted Preferred Growth end Development Scenario, and the adopted Growth Management { S:ralggy. Computer disks with the Information will be made available to this City for modification and Inoorporation Into the final Comprehensive Plan Report by City Staff, Page a a r A - .r Now" wan ,mi .i,~ +.mwn..«.i.-.•.... i Revised S Aagasy 1"I proposed A$reemt nt Between The City of Denton City of Damon Comprelle live plan and Seilmnth, Obsta Rassebanm, Inc Consultant's Drag Fee Medule I Task 7 fden6y Growth Management Strategy Issues $4.4W.00 Task 2 IdeMNy Ulsting DenxtGrowfh Management TacMlyws ~ Task 3 identify Grown Management Techniques UtlBzed by Other Communities SB,WO,O0 Task 4 Community Survey • Growth Management S7 Teak 6 Prepare Overlay Maps for Preferred SWIM DIS Usslon ~.O Teak 8 Develop Droll Preferred Growth and Development Scenarlo Sti,600.00 Task 7 Develop Draft Growth Management Str$16V $1,000.00 i Ter c a Review Meek With CRY Staff (Opoonai) $2.400.00 Task 0 City c4un i Wo, ksession 0 rSeling (Opttora» 52,400.00 Task 10 Community Workshop 01 68,W0.00 Task 11 Develop Find Preferred Growth and Devekpm rd SceneAo S2 200.00 Task 12 Develop nnai Growth Management Strategy Task 13 Identify Growth Management Strategy ImPiicallona $1,000-00 i Task 14 Review Meeting with City Sretf (OPlional) $2.400 W Tesk 15 City Council Workseselon Bilefing $4,400.00 Task16 FinalRevistons $1,750.00 Task 17 Growth Management StraleW Adoption 51,050.00 Task 18 OraflSummary Report $71110,00 Total Additional Servfde Fees i Pt i t N ,r h. ~ A r ~1 page 9 - - a: .'f'~w' j _;g.. 25 Dy 3 x!a 9 ' • Q I i r,.rsx•n t N1' I lii I rip t'r I'1:•'+ +1U 1111 R l~ 1, s 1 ;itil~r'~ t+ 'I ti} l}'1'I i t SI I t ~'+,1 1 ~~~1,~l~t ~jh~ . ~lt 4 l ~l t I _ , ~i~, 1 ~ ~ ~ ~tll 1` ~ l I d r t; t. s ~t 1. f all Auc. 98 _ Se 1.98 _ ocL 48 Nov. 98 Dee• 99 R WOO of 101 17 24 01 7 14 21 ?s S 12 10 28 2 9 18 23 90 7 14 21 4kn4 Onu Gror+IN MmeAemeel 61nNyY • hefetnd Scene•lo _ - ?sk 1 • Ida~tli '_6rowlh N,lneOefnMl 6tnleytwo~ - - ' Tlth2 •Idenp~Edsl;D~nton(iM.TxM uei - Serk • ~da.iH M. 7 xhnt e~nf to OVier C':~a _ _ - - Tesk 4 • Conmonj. SulvoY - - - - esil 5 • Prepan Oylrt9Y t'rPf Im Oistrwsion nsk 6 • Dovel~Dfeh Ankned Orad1 6Oav, &eeeAo _ - _ faek 7 • Develop On8 Gravth ' ~ 1v11 Y_G~toundl WOr1fel64IOn 9r!~ ~g1e1~. _ Tesklo•Ocn^ron WaAuMp/t _ - Testi 111 • GaeebDFlnd Prelened GrwRl l0ev.8cenatk _ _ _ _ _ - Taslt 12 • Deue Flnel 012! It Maw~emorti slie Y Tut 19 • Ida G_'awlh_M~negement 8hlsgY_IrnplkeEON _ - - - - - ~ t_.'.f1.RorIArM6etlnp_MthONSU6 5anet~. _ - ~ ti Tenk 115.• OouncowodueslonfAeB T6sk 16 • FinN "o-m - ~ f eek 17 • Grav9i Manr4ement BUMeaY AdoDbon 0 t r Task 18 Dab Sur YP I .I ry ~ r } .e1.~rlOs r i F r ~I.? H 1'. 32 I J vi i61rS~ d.~•. s 0 PR03ECT APPROACH FORECASTING AND LAND USE PLANNING By the ]tort Rnvireament and Infrenructure, lea anL ocimath.0botu a iWsbaum, inc. Teem Ile work to be performed bytheProject Team isdescribed Inthefollowingparagraphs. Eaeh paragraph describes a particular work item(task), or collection of tasks. 200 Series Tasks - Data Collection And Mapping This aeries of tasks includes the collection end evaluation of the r ica to be used throughout the remainder of the forecasting and comprehensive planning project, Kcy items include the collection of population and economic data from a number of local, segloral, state, and aatioaal sources and the dtvc1opment of mapping that wdli be used to support the yt~j `ect A meeting will be conducted with the stsff to review the data collected and to confirm that the electronic file formats are compatible with the City's computer systems, 300 Series Tasks - Population Forecasting And Projections h The general approach to this project will be to evaluate population densities, or holding capacity, prior to preparing the population projectioas for future yean• Bulld-out populations forecasts nre easier to porform, and ultimately provide decision rnakers with more meaningful management p information than the population projections. Task 301- Prepsra•lon of Holding Copacity Models { Models of the holding capacity, or build-out population, will be prepared based on current zoning, regional population density date, and the alternstive development scenarios to be evaluated as past oftbeproject. An Important part of this task will be comparison of the day-time versus night-time populations c f the city, This Information can have signifl nt impacts on city services, and will provide valuable insight to the city's economy, 1 , • Task 302 - Compaaative Cities Analysts population growth and development in comparable cities will be used to prepare timing estimates for development, and to further refine the holding capacity models developed in Task 301, t risk 303 -1 reparation of Extrapolation Models A Historlcal population data for the city, county, turd region will be modeled wing several diflercnt j algorithms, and the model with the best fit for the City of Denton will be determined. EXHIBIT D Page 11 32 X IMMENSENESS A WOM 0 UNFAM r - I I 1 Task 304 • Development of Cohort Component Model The cohort component mr del is considered to be the beat predictor of Auat population. The model will be developed inldaBy for the city-wide population, and finally for individual study areas. Task 305. Develop Ecor omle Base Model An economic base model will be prepared that categorizes the labor witbin the Study Area as being either basic or nonbasic. These dots will be used to prepare the model for economic activity. Task 306 -Develop Economic Shsre-Shlft Model Regional economic Jars will be used to prepare a abare-shlfk model for the City of Denton's economy. Task 307 - Compare Population Forecasting to Development Scenarios The bolding capacity models will be modified to reflect potential changes in the population as a function of the devaorment scenario. Task 303 - Adopt Models to the Prefered Development Scenario The population models will be modified to reflect condtdow entlclpated in the ultimate development scenario. Task 309 - YNrkct Position Analysts This task will evaluate the market position of the City of Denton with respect to other cities, with particular emphasis on cities in the Metroplex, Task 310 . bleetings/Brief rigs At the completion of each "J or portion of the project, a meeting will be hrld wlth the City staff to review the work accomplished to date. After review by the stag the consultants will ptesent the findings to the City Council in a wotk3hop. 400 Series Tasks - Phnning Task 401- Alternative Growth and Development Scenarios Tosk401,1.Opportunities amid Constraluts Analyils k . Based upon the land use dats, environmental information, utility ieformation and transportation information, a composite trap will be developed indicating oppommltio and eonsttalnu for a Page 12 25 10 32XIO sraaw • o ' I variety of lend uses within Denton. These opportunities end eonsttainb, along with the coramtugty vision and policy statements, will-form the basis for the eltunative development scenarios. Opportunities and constraints will be indicated for the following types of development: Residential development (Single sad could-fimliy), Cornmercial/rcte°3 development, , • Office development, • Industrial development, Parks and open space, and Agriculture. Task 401.2 - Prepare Alternate Growth and Development Scenarios This task involves tie development of scenarios indicating different geaerelized patterns that future growth could take in Denton. Several scenarios Will be developed including a Corridor Scenario, Urban Centers Scenario, Neighborhood Centers Scenario, and a Compact Growth Scenario. Each scenario will be prepared in a graphic format appropriate for puWc display and review. Task 402.3 - Identify Scenario Implicatlons The intent of the identification of the scenario implications for each of the alternate gro'.vth and development scenarios is to provide the public officials and citizens of the City of Denton with the Information necessaryto m ke informed decisions regarding tha I&G3 usa make-up and physical form that the Oty will attempt tc achieve within a 20 year horizon. The general implications of each scenario upon the City of Denton uili be documented through the use of maps and tables so that a "level of magnitude"comparisoncanbemade betweeathealternative Scenarios, Thatcomparison wil I eomist of the following factors: • Transportation corridors indicating corridors needed to alive the development patterns implied by each scenario, Neighborhoods sad housing, EnvirorrtueaW Protectioa, Public Facilities and Services, Government Policies, Parks and Recreation, Commercial and industrial growth determInIng'the probaVe amount of development as a function of population and policy, and d Urban Design. Task 401.4 • MeetingsMAefings A: the completion of tub major portion of the project, a meeting will be held with the City stag to re view the work accomplished to data. After review by the staff, the consultants will present the 0 findings to the City Council in a workshop. V Page 13 , t3 u i I I 402 Series Tasks • Preferred Developmettt$setsario Task 402.1 • Develop a Preferred Growth and Development Scenario Following the development of the alternative growth and development ecenAdOh and Incorporating input from the ci&Aw, elected officials and the City staff at the public meeting, a Preferred Growth and Development Scenario will be developed The prefetreu"scenario maybe developed from the preferred alternative development scenaio, or combination of preferred aspects from several alternative growth and development scenarla.. Task 402.2 -Develop Preferred Scenario Support Data Following the preparation of a Preferred Development Scenario, an analysis of the scenario will be performed in order to identify the broad brushed implications of the scenario upon the City of Denton. The following components will be reviewed: Transportation corridors indication corridors needed to serve the development pane= Implied by each scenario, • Neighborhoods and housing, • Environmental Protection, • PubUc Facilities and Services, a Government Policies, • Parks and Pccreation, • Comutcrclal and indtutrial growth determining the probable amount of development as a function of population end policy, and • Urban Design. Task 402.3 • MeetingsMriefings At the completion of each major portion of the project, a meeting will be held with the City staff to review the work excomptished to date. After review by the areff, the coruultants will present the findings to the city Council In a workshop. Task 403 - Reports Upon completion of the pr -famed Growth and Development Scenario, s draft report will be prepared • w.ilch will suutrnarize the data forecasting and planning processes. The drall report will contain any cbarts, graphs, maps, and text necessary to document the study processes and findings. The draft report will be submitted to the City of Dcwon staff for review and comment, and will be revised as necessary to prepare a final report Page 14 2~> k .32x f Ej Project Study Area The area to be included it this study is limited to the proposed five mile 8Tl of tha City of Denton, Tex". The Study Area will be rab&vided Aw smeller are" for stedstlell attOysls. In general these areas will be comparable to an sggregatlon of Traffic Survey Zones to form Census Tracts. The Planning Horizon for purposes of this study. is the year 2,025, Project Schedule The project schodulc is based on the assumption tbat approval of the consultants' contracts will be provided by the City Council on February 17,1998, and that funds are available and encumbered to perform the work. r, Infortnation to be Provided by the City The City of Denton will be providing some on the information to be used on this project. The team is assuming that the tnfortuation covers the entire Study Area, and dw the information will be available by cold-1~ebrttasy,1993. i _ i 1 i ' r Pago 15 r 25 x 3 2x1❑ i AEwaeM~ 0 , r • r AMur Npell A N door ro ?Art NAnw L1 bt ►A► va H dA Y!f N v1I 09 " !AO SA? dAd M31 I M► I[ MI 7 T I AI 74 I Roof Doti Codalan And W *V . r n. ► pool faw,0nq 7 I ! Sri11CKrrpNA9dn l10dA11 M`~"ar i.'.,e•; I ► Pal CAlnd C ,",Wd Madr f Pool Eeenemb Sud,da of r ! Pall EearaNr 9wa•SM ►bdr ~ M, ► PlFI AdlA dnnrlbAOS r. poolAMpl Farndlbf0! 11 PM NrAM Pft*nAntph If CC WaA Snrbn me" If N011 MpnrM 0ovolo mpg Se"An 90 11 1106,1 OpfMrMM MdCaMbW s r 1d falm Man ma SD&Vmw u IA019J ltanrAStlglnSrnl M 77.f~ • ,f CC WA Mnlal fmpda4a . 1Aei1}hMp14 alum lcwvN r r i , a ,d I.a+l fN MaElc► rdr w4PM Dad . tD of 00 WoA S►Mda Moog O~i 71 mullMAf wmow N1 !d 140311res PrpM P .p+° ' 10 32XICI r o c City of Denton Change Order Dlvtslon/Departrnent Purchase Order Number Changu Order Number Planning A Development Department 06179 411 Project Name Project Account Number Date Prepared Forecasting S Land Use Planning Services Ordinance 96441 September 3, 1018 Contractor Name RUST Environmental d infrastructure, inc. Rod Zlelks, Project Manager 1420 West Mockingbird Lane, Dallas, Texas 76227 Description of Work Included in Original Control Services related to Comprehensive Plan Development and impact Fee Impiementallan Changes Ordered/Reasons for Change (List Individual ch gee) Stop Work on Series Tasks. 403(pertiai tasks), 472(portlal tasks), 306, and 209.3 1 33,263.51 Revised Scope of Services: Growth Msnagement Strvtogy-PreIsned Sconsdo 9 26,400.00 Task I Identified erowth Management Strategy Issues 9 2,200.00 Task 2 Identify Existing Denton Growth Management Techniques 1 1400.00 Task 3 Idonllfy Growth Management Techniques Utilized by Other Communities 6 61500.00 Task 4 Community Survey-Growth Management 6 2,300.00 Tit air 5 Prepare Overtly Maps for Profaned Development Scenarla Discussion i 7,600.00 Original Contract Amount 6224,642.00 Incomp;eteTasks (Slop WorkItems) 6 33,263.51 Revised Scope Tasks 1•5 i 21,900A0 Revised Task 4 66,500 sent to the Survey Research Center (SRC) of the University of North Texas $ 61600.00 I Dollars remaining In contract after this change order 1 4,607.51 (Fundz hold In reserve to oirecul^ remaining additionsf services tasks beginning with 6 and ending with 18. See Change Order 2) Amended Contract Amount 1224,942.00 Subtract SRC work for Task 4 1'6,900.00 Amended Contract Aaxwnt 1216,142.00 Tho Aforementioned change, and work of rcted thereby, Is sub an contract stpulanors and covenants. Is%ed for Reasons Indicated Department Dirac r Oe e Accepted By Contractor: i re Title Del As r Depuy City Manager Signature note city Manager Dales Signature Purchasing/Flnance f Signature Tide EXHIBIT E Page 17 25 ~U 32x10 • .i 0 ORDINANCE NO. t AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRAC i FOR FORECASTING AND LAND USE PLANNING SERVICES BETWEEN THE CITY OF DENTON AAA RUST ENVIRONMENTAL AND INFRASTRUCTUREIHELLMUTH, OBATA, KASSABAUM INC. AKA RUST/HOK CONSULTANT TEAM PROVIDING FOR AN INCREASE IN THE QUANTITY OF WORK PREFORMED AND AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP # 2140 - PROFESSIONAL SERVICES FOR LAND USE PLANNING AND FORECASTING AWARDED TO RUST ENVIRONMENTAL AND INFRASTRUCTURE IN THE AMOUNT TO $224,642.00; CHANGE ORDER # 2 IN THE AMOUNT OF $37,846.49; NEW CONTRACT PRICE $255,988.49). WHEREAS, on 2.11.98 the City swuled a contract for forecasting and land us^ planning services relate,' to the comprehensive plan Jcvetopmcat and impact fees implemrnstion to Rc st Environmental in the amount of S224,642.00.0u; ead WHEREAS, on 9.24-98 the City amended the contract via change order M I in the amount of a $6,500.00 deduct to read $218,142.00; and WHEREAS, the City Manager having recommended to the Council that change order M 2 be authorized to amend such contract agreement with respect to the scope and price and said change order being in compliarice with the requirements of Chapter 252 of the Local Government Code; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the change order N 2 increasing the amount of the contract agrreme.it between the City and Rust Environmental, cony of which is attached hereto, in the ar,ount o037,846 and 49/100 Dollars, is hereby opprov d and the expenditure of funds therefor is hereby arthorized, The master contract amount is amended to read $255,988.49. SECTION II. 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 WALTERS, CIIY SECRETARY A BY: i a APPROVED AS TO LEGAL FORM; 0 ' HERBERT L. PROUTY, CITY ATTORNEY BY: 2140.6-RDINANCE Page 18 10 3z x ❑ AAL- e - 0 City of Denton Chan* Qvi Older wr.+■.~ r . onw w~new r older Poo" ~ ewk.r~ .~lMi Oadl+oeee NM aa+~ww a L.eu aim 1w Tav ~a•wa rnf..e 1f.na.r o..Mbeen dwbnc ~nerb.e ~ ~ tones s~nhctwwMt~p~~(~f~W~~Rp~ , a.na.~ ereMrnAe~ea.>r ~ NN rrma~ra dm4.q AddWWW &'A*@ of8-p ~~"'r nrfrrww f ytlaeo 1YrN Owok+~011Rf~lo r/dti s1NpwMOMryieaiolM l RW000 Tftk1 TTakI yyjwrM_ pd i ~04p `mil _ M~t~YYII wriR f~wM j Tick QAM rkowm ask ad i 1,900~.e TW* T 7d iekdy TkIT 01 "mMWV etkdiprAd~piM ; 1 Twiok1s o~wry OloRfa Rwftk i Gouaa Orland CanCatf Aidnand iorrkso ioe~ 7hb bS: f 4i,f/AAf , CrWW OM iMAMOW i SAO" AMWAM CbMrtaOrAMk" i7lf flLp TM ~ eirrp4 and w6rk a4keml tlrnby,Modrod d o1 OoR?w oltrbr/err dnd ee~+1f wuwd dx IeoMelta Itldo~rt ~ O~OnranlObc3rr p~ j AAaptof iy s d 0 ~wN W ~hndner CW MLOWW J~o IMMiTA 0 e aua cowa..o~otstodwf cc ua ou andm. Fnge 19 s , 0 AGENDA INFORMATION SHEET AGENDA DATE: November 3, 1908 DEPARTMENT: Planning and Development CM/DCM/ACM: Rick 5vehla 19s SUBJECT: An ordinance of the City Council of the City of Denton, Texas approving the second amendment to that agreement between the City of Denton and the Denton Affordable I lousing Corl,oratlon; authorizing the City Manager to execute'he second amendment and to expend funds with respect to the second amendment; and providing for an effective date. BACKGROUND: Passage of this ordinance v:ill approve the second amendment to an agreement executed on December 17, 1996, between the City of Denton and the Denton Affordable Housing Corporation. The original agreement described activities and .coding awarded in the 1996 Action Plan. /or !lousing and C'ammunay Development The 1997 Aetinn Plan awarded additional funding to DAPC. The 1997 activities were added through lho First Amendment apprr•,ed by City Council on February 17, 1998. file Sccond Amendment adds $24.050 in operating and $100,000 in Affordable 1(ousi ig Opportunity Program funding approved in the 1998 Action Plan. It also incorporates Action Phan amendments that allow DAIIC to more funds from the Mockingbird Lane project to their Affordable Housing Opportunity Program and begins their administration of the nc%r construction program previously managed by the City. I i Other revisions included in the amendment are: • An increase in the contract term to provide for extended monitoring of HOME- assisted projects/units. • Attachment of revised work statement, budget and activity schedule. * Agreement that the Moc!.ingbtrd Lmte project will be completed within a five-year period and that project financing information is provided to the City. OPT10;\S: * Amendment may be approved as submitted, • Amendment may be revised. Revisions might include an increase or decrease in funding and/or changes to specific DAIIC program allocations. * Amendment may be rejected. y * Any changes to DAIIC funding amounts may require amendments to the City's 1998 Acrin+r Plan, fr,r llourlnK card Commturity Drvclapmrnl. i Page ~CJ 32xl❑ , • u f RECOMMENDATION. Staffrecommends approval of the second amendment. The amendment incluaes activities recommended by the Community Development Advisory Committee and , approved by City Council in the 1998Aclion Mon. (ESTIMATED SCHEDULE OF PROJECT All funds will be spent ot. eligible activities on or before September 30, 1999. See Attachment "C", Schedule of Contract Activities in page 11. )PRIOR AGTION/REVIE1i' (Council $ods, Commission The Community Development Advisory Committee recommended approval of the housing activities included in the 1998Acliwr Plan on February 21, 1998. City Council approvea the 1998.4clion Plan on May 12, 1998. FISCAL INFORMATION Upon approval or,.his agreement, DAI IC will receive the following: a $124,050 in 1998 HOME funding $45,500 in 1916 HOME funds originally slated for the Mockingbird Lar,e project is transferred to the A',lordable Housing Opportunity Progra (acquisition, rehab and sale). DAIIC 110ME program piocecds will be used to complete the Mockingbird project. • $170,000 or less in 1994 HOME program proceeds to allow DAHC to carry out the affordable housing new construction program previously administered by the Community Developmem Division, HOME program proceeds will be used to complete the Mockingbird Lane project, Denton Affordable Housing Corporation 1998 Action Plan Funding i Operating'Administration $24,050 Mockingbird Lane Project 0 Affordable Housing Opportunity Program $145,500 New Construefion & Transitional Housing $170,000 1 'rota) 1998 Action Plan funding available $339,550' • * I his amount does not include program proceeds that are continuously recycled int,r O ' DAI IC's programs. j I Page 2 10 .h.w........ , w i.,n A n (ryV. b-:.. -0 rrm011Y I I DID INFORNIATION NIA , IAA P_ NIA Respectfully submitted: !n! Dare Hill i Director I Plenning and Development Prepared by; r Ilarbara Ross Community Development Administrator Attachments: Ordinance 2"J Amendment i M I • a r, I i e 1, Page 3 ~ia ~''x❑ 32x~❑ X e 0 ' :k9peX'Y.• ORDINANCE NO. I AN ORDINANCE: O: WE CITY COUNCIL OF TIIE CITY OF DENTON, TEXAS AP- PROVING I]IE: SECOND AMENDMENT TO THAT AGREEMENT BETWEEN TIDE CITY OF DENfON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTIIOR- IZING 7111: CITY MANAGER TO EXECUTE THE SECOND AMENDMENT AND TU EX- PEND FUNDS WITH RESPECT 70'IIII: SECOND ANIENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the City Council entered into an Agreement with the Denton Affordable Ilousing Corporation to provide certain services for the provision of afford- able housing under the National Affordable Housing Act of 1990, as amended by the Housing Community Development Act of 1992, "hich Agreement was authorized by Ordinance No. 96- 295; and WHEREAS, the City Council, by approving the 1998 Community Development Action Plan. has authorized additional funding for ongoing activities of the Denton Affordable Housing Corporation and the scope of work for the Denton Affordable Housing Corporation has in- creased; and WHEREAS. on February 17, 1998 the City Council approved the First Amendment to the 1996 Agreement, deeming it to the public interest to amend the Agreement with the Denton Affordable Housing C'orpor,&on to provide far such additional funding to be provided from funds made available by the U,S. Department of Housing and Urban Development under the Na• tional Affordable Housing Act and to provide other changes as set forth in the First Amendment to the Agiecmcm; and W111'RF:AS, the Ci'y Council now desires to amend the Agreement a second lime to ex- tend its term. provide additional funding. and amend the budget; NOW, TIILPFFORE', 1111[ COUNCIL OF I HF CITY OF DF.NTON IIL" F.BY ORDAINS; SI:C'll()N 1. That the City Council hereby approves the Second Amendment to the S Agreement between the City of Denton and the Denton Affordable !lousing Corporation, exe- cuted December 17. 1096• substantially in the form of the at(ached Exhibit "A" which is incorpo- rared herein for all r urposcs, and further authorizes the City Manager to execute said Second Amendment. !FIjoO Il !hat the City Council authori es the e.rpenditure of funds for operating 0 costs and Payed funding for the Denton Affordable Housing Corporation, included in the See- and Amendment as an attached Eixhibit' B", which includes additional funding in an amount not to exceed $291,050. 5LC 17ON III, That this ordinance shall become eflo :tive immediately upon its passage aria approval 4. 1 AIAarxnub "X'IpHrt n+An,..A'.yin _ i ~Aft H.L. , 0 WNW" I PASSED AND APPROVED this the day of 1998, f I I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I 1 0 f j VH LOL' VOL I'eAweddeytLrdL*l Ds~m0dn~.9MAC Sald AAW%&" OrSWO be Page S 1, ~ICYAVM1:+R s° e K 32 x I O s 0 f vwws SECOND AMENDMENT (FY98) TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE " DENTON AFFORDABLE HOUSING CORPORATION This Second Amendment ("Second Amendment" or "FY98 Amendment") between the City of Denton, Texas ("Denton'l and the Denton Affordable Housing Corporation ("Contrac- tor") is intended by the parties herein to modify the Agreement between Denton and Contractor, as approved by City of Denton Ordinance 96.295 (the "Base Contract"), as said Base Contract was thereafter modified by the parties in the First Amendment to said Base Contract, approved by Denton City Ordinance 98-034 (the "FYI)7 Amendment" or the "First Amendment'), WHEREAS, by Ordinance No. 96295, Denton authorized its City Manager to execute an Agreement with the Contractor to provide administration, rehabilitation, acquisition, new con- struction, and tenant based rental development and public service programs to promote afford- able housing within City of Denton in return for Denton providing an amount not to exceed $20,000 to assist the Contractor in the operation of the Denton Affordable Housing Corporation, and ;,n additional $68,850 (project funds) for specific housing projects described in the Work Statement, Attachment A, attached to the Base Agreement; and l WHEREAS, by Ordinance No. 98.034, Denton authorized the City Manager to execute Ir the First Amendment with the Contractor to extend the term, revise the responsibilities, increase the funding level due to the passage of the 1997 Action Plan, and provide definitions and uses for program income and proceeds, ant WHEREAS, the City Council has approved additional funding for the Contractor and amended previous activities in accordance with their approval of the 1998 Action Plan for Housing and Community Development, and adequate funding has been obtained from the U.S. Department of Housing and Urban Development, and desires to further extend the term of the Base Contract as amended herein; n NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter • described. 1. That Section 1. "Term" of the Base Agreement is hereby amended to read as follows: This Agreement shall commence on or as of September 1, 1996, and shall terminate on • August 31, 2020, unless adjusted by the City. Request for such an adjustment must be in ' writing and is to be submitted to the Community Development Division, Department of Planning and Development. Page 6 y ~a 32XIO 0 a eAil141 i Il. That Section 11. Responsibilities of the Base Agreement is hereby amended by attaching the amended Attachments "A", "B", and "C" and by amending subsections A and C to read as follows; A. Contractor hereby accepts the responsibility for the performance of all serv- ices and activities described in the amended Work Statement attached hereto as Attach- ment "A" and incorporated herein as if set forth at length, in accordance with the amended Program Budget attached hereto as Attachment "B" and the amended Schedule of Contract Activities attached hereto as Attachment "C" and incorporated herein as if set forth at length, in a satisfactory and efficient manner as determined by City, in accor- dance with the terns herein. C. Cmtractor also agrees to complete the Mockingbird Lane Project within a rive-year period. Prior to expenditure of HOME proceeds funding on the project, also described in the amended Attachment "A", Contractor will provide City with a project pro forma indicating all sources and uses of funds fur the Project. Contractor must also provide City with documentation of site and right-of-way control. IlL That subsection A. of Section III. City's and Contractor's Obligations of the Base Agreement is hereby amended to read as follows: A. City, in accordance with 24 CFR 91.208, Eligible CHDO Operating Expenses, shall provide funds in the amount of 566,500 or less to assist the Contractor in the opera- { tion of the Denton Affordable Housing Corporation. City shall also provide an amount not to exceed $421,682 ("Project Fund`') for specific housing projects and programs as described in the Work Statement, Attachment "A", Provided, however, that the Con- tractor shall make sure that its project delivery expenses shall not exceed 10% of the total project cost as determined by the City. 0 IV. That save and except as amended hereby, the remaining sections, subsections, sentences, and clauses of the Base Agreement dated December 17, 1996, as amended by the First Amend- ment dated February 17, 1998, shall remain in full force and effect. iN WITNESS of which this Second Amendment has been executed on this the day of , 1998 by the duly authorized officials of the City and the Contractor. O Page 7 Mra r a < , 75 K~ 32x10 r O 1 e I 1 1 I I CITY OF DENTON, TEXAS t I MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY ~r BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DENTON AFFORDABLE HOUSING CORPORATION A OARD PRESIDENT j ATTEST: SECRET Y r a('ALOV.VpLi'd~ddpf LOLd.r Dcn vlmasbllommla.kelDXAC I,.md Ammbnml dM I~ t Page g 10 32xill a~ ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation (DAHC) was developed to increase the supply of affordable housing in the Denton area. The organization is designed to carry out the following activities but is not limited to these, administration, rehabilitation, acquisition, new construction, tenant-based rental assistance and public service programs. Expenditure of City funds, including HOME proceeds, for housing projects is limited to projects within the city limits of Denton. DAHC's projects and programs will benefit low and moderate income households. Low and moderate income is defined as households below 80% of the area income. Funding of $251,682 is being provided for DAHC's Affordable Homeowoenbig Opportualft Program (AHO 1. This will be used to assist in the acquisition and rehabilitation of single family homes in existing Denton neighborhoods. After rehabilitation, the homes will be sold to first-time, low or moderate-income households. Funds may be used for down payment and closing costs assistance for eligible homebuyers. The Mockingbird Lane Yroleet will culminate in the development of a minimum of 15 single family housing units on property donat-,d to and acquired by the Denton Affordable Housing Corporation The project includes acquisition of property adjacent to the donated site off Mockingbird Lane, project planning, site development, construction and sale of the single-family units, An unspecified amount of HOME program proceeds retained by DAHC from previous projects may be used for the project. The Affprdable Housing Construction Program previously administered by the City of Denton will be transferred to DAHC. DAHC will use funding to acquire through purchase, do- . ation, or other methods, properties suitable for construt.':on of single-family housing. DAHC will construct single family units in suc'i a way as to make the units affordable for persons of low and moderate-income. Units will be sold to income-eligible households. Not more than 7% of the funds may be used to assist buyers with down payment and closing costs. Up to $30,000 of the funding provided under this program may be used to support DAHC's transitional housing program. This program is a cooperative effort with HOPE, Inc. Page 9 r R xk~kL o MOWN r, uslo P t ATTACHMENT "B" AMENDED PROGRAM BUDGET Denton Affordable Housing Corporation Operating Expenses $66,500 (HOME Funds) Including salaries, rent, utilities, telephone, supplies, postage and other eligible operating expenses. This second contract amendment (FY98) increases by $24,050 the $42,450 previously budgeted in the base contract as amended in FY97. f Affordable Homeownership Opportunity Program $251,682 (HOME Funds) Acquisition, rehabilitation, down payment and closing costs assistance. NOTE, $45,500 of this amount was previously budgeted for the Mockingbird Lane Project, and trans- ferred to this program as per the May 12, 1998 amendment to the 1996 Action Plan. This second contract amendment (FY98) increases by an additional 5100,000 the $106,182 previously budgeted in the base contract as amended in FY97 ($251,682 = $106,182 + 5100,000 + $45,500 transferred from prior Mockingbird Lane Project funding) Mockingbird Lane Project $0 (HOME Program Proceeds Only) An unspecified amount of program proceeds retained by DAIIC from previous projects as per the Base Agreement will be used for project delivery expenses (personnel, sup- plies, telephone, etc), housing and infrastructure construction costs, This second contract amendment (FY98) eliminates the 545,500 previously budgeted in the base contract as amended in FY97, to provide additional fundirg for the AHOP program. • Affordable (lousing Construction Program $170,000 (est. HOME Program Income)" *Projected amount - actual amount will include remaining budget authority in the City's k program as per amendment to 1994 Combined Final Statement, approved on May 12, 1)98. This second (FY98) Page 10 sir , A O i.. AMU* i ♦:."'.,fir. 4. YN/('d..>'. [...-r .i.... .r, :1n....,,y.a..nV,~FM4nYI.n'I!YAMP-rn., .:l+R rh\rM AY4v':r-n^Mw n~nwi ' I ATTACHMENT 16C11 1998 Contract Amendment _ SCHEDULE OF CONTRACT ACTIVITIES Activity 09/1198. 01101199• 04/01199- 07/01/99• 98 Contract Revised 12/31/98 03/31/99 06/30199 09130/99 Amendment Budget rafions/Admin S6,012.50 $6012.50 $6,012.50 $6.012.30 $24,050 S66,500 AHOP Program Acquisition S100.000 Proceeds reinvested to produce additional units $143.500 S231,682 Rehabilitation' S45,500 Proceeds reinvested to produce addifional units y' . New Construction (in- 5100,000 $40,000 Proceeds reinvested 5140,000 $140,000 { fill Transitional Housing S30,000 530,000 $30,000 Develo anent TOTAL $281,512.50 $46,012.50 S6,012.50 S6,01 .50 5339 SSO $488 182 Includes $45,500 transferred from the Mockingbird Large project as included in approved i amendment to the 1996 Action Plan. ,y t' S 1 f~ M Y nA 1, 1 ~i. Page 11 ~C y 4L X r. 0 I taaa.w Agoilds No -Y. Agenda Itt L {7d1P1_.,,,~! r AGENDA INFORMATION SHEET AGENDA DATE: November 3,1998 DEPARTMENT: Planning and Development CM/DCM/ACM: Rick Svehla W SUBJECT: Consider adoption of an ordinance authorizing the City Manager to execute a contract with the Denton Family Resource Center, Inc. to provide child abuse prevention services in accordance with a grant and contract with the Children's Trust Fund of Texas; authorizing the expenditure o: funds therefor; and pro%idi.ig an effective date. BACKGROUND For the second year Denton has been selected as a Family Resource Center demonstration site. Funding for fiscal year 1998-'99 by the Children's Trust Funds of Texas (CTF) is not to exceed $65,260 with the option to renew for a third year. The City will subcontract to the Denton Family Resource Center, Inc. (DFRC) to cany out the project. Funds arc used to pay salaries, purchase supplies and provide parenting lasses and other educational activities for families. During 1998 fiscal year, 553,197 in CTF funding was provided to the Denton Family Resource Center. DFRC provided services to 44 persons, Fxecutive Director, Lynda i Nygren, and the DFRC Board of Directors continue to develop new programs to serve families in need. I he family center concept resulted from the Vision Denton process, The family, center %sm cns isioned as a hub for educational support and infurmalion and referral services for { all Denton families. OI I TIONSs • Contract may be approved as submitted. • Contract may he amended but must continue to comply with the agreement between CI F and the City of Denton. , • Contract and CIF funding may be rejected. i it E C' O mm E,ti VAT IQtiN Communily Development staff recommends approval. These activities also have the support of the Vision Denton Learn Committee. FS'IIMATED SCHEDULE OF PROJECT: r Funds wil l he expended for programming from September 1, 1998 through August 31, 0 • 1999, I t I Page I , 25w Q 32XIII' . a 0 PRIOR ACTION/RLVIEW (Council, Boards. Commissions): The Vision Denton Learn Committee supports these activities. In September 1997, City Council approved an ordinance authorizing the first year of participation with the Children's Trust Fund of Texas on this project. FISCAL 1NFORNIATION: During the second year of participation, the CTF grant will require a 20°f, local match totaling $13,052. A combination of the following sources will be used as match! 1998 Human Services Committee general fund recommendation ($5,000), volunteer hour. ($1,300), Vision Learn Committee monies ($5,000), commitment from St. Andrew Prr " terian Church ($2,500) and an individual contribution ($500). The CTF contract is a cost-reimbursement contract, based on the proposed budget that is part of the DRFC contract Reimbursement regnests for expenditures maybe made on a quarterly or monthly (if requested in writing) basis from CTF, Services will be provided by the Denton Family Resource Center, Incorporated. Payments to DFRC wiii be based on a monthly projection with reconciliation at the end of the reimbursement period. City staff members managing contract cu.npliance and providing technical assistance to DFRC are paid from Community Development Block Grant funds. BID INFORNIATIONi f NIA MA1': N/A Respectfully submitted: Dave Hill Director of Planning and Development Prepared by: • 7 1 YC~l~'lr✓ Barbara Ross Community Development Administrator r j • Attachments: Ordinance 0 • Agreement bctAcen the City of Denton and the Denton Family Resource Center, Inc, Children's Trost Fund Contract #335.04.7.0052 Page 2 o woo" r ' 0 i ORDINANCE NO, _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON FAMILY RESOURCE CENTER, INC. TO PROVIDE CHILD ABUSE PRE ✓ENTION SERVICES IN ACCORDANCE'MTH A GRANT AND CONTRACT WITH `I THE CHILDREN'S TRUST FUND OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98.185 authorized the City Manager to make application to the Children's Trust Fund of Texas to obtain a grant for a family resource center and to execute a contract with the Children's Trust Fund of Texas to provide child abuse prevention services; and WHEREAS, it is necessary to contract with the Denton Family Resource Center, ]ne. DFRC') to provide child abuse prevention services to implement the grant; and WHEREAS, this contract is not required to be competitively bid due to the fact that the Children's Trust Fund of Texas grant was awa,ded to the City of Denton, with the City of Denton acting as the fiscal agent for the DFRC, and the DFRC is the only source in Denton that can provide these services under the terms and conditions of the grant and is a non-profit organization which will provide significant financial or other management services and benefits to the City in accordance with the requirements of the grant and in accordance with Tex. Loc. Gov't Code §252.022(a)(7)(O; and WHEREAS, the City Council deems it it, t,,c -ubltc interest to enter into a contract with the DFRC; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby arthorized to enter into a contract with the DFRC, substantially in accordance with the attached contract, which is made a part of this ordinance for all purposes, to provide a family resource center and child abuse prevention services, subject to all the conditions and terms of the contract which the City Manager is A entering into with the Children's Trust Fund of Texas undrr the authority granted in Ordinance No. 98.185. SECTION 11, That the City Manager is hereby authorized to make the expenditures as outlined in the attached contract. SECTION ILL That th- City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance • with the Texas Open Meetings Act, Tex. Gov't Code ch. 551, as amended. O • . F$_~TIO,N IV. That this ordinance shall become effective immediately upon its passage and approval. Page 3 1 f 1 I Y ~ I i~ Y 8 I +e. +ix...:s•w a:?,+~: .:t t, .'w,~au,•.~+Y+^d7:1~,G++,,^Ylyl;xY6M6'SF+L't3'.an•.tWi.%*M41gtrH+.•en•t»nva.V.ros.rvr ' ~ Y. PASSED AND APPROVED this the _ day of 1990. I JACK MILLER, MAYOR a ATTEST, JENNIFER ' PALTERS, CITY SECRETARY , ~s BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY i' BY: - f. P~ j ~ PY G 4^ , ~t A 14, Page 4 , I ,Y 1 32x~ 10 0 I 1998 - 1999 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON FAMILY RESOURCE CENTER, INC. i 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, P.O. Box 2242, Denton, Texas 76201, hereinafter referred to as "Organiza- tion"; 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; i NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF 5ERYICES 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 and to provide child abuse prevention sen ices. Organizaticn shall perform those services described in the Plan of Operation herein attached as Exhibit A. IL OBLIGATIONS OF ORQANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. A sum not to exceed Sixty-five Thousand Two Hundred Sixty Dollars (565,260) may be paid to Organization by City on a quarterly reimbursement basis, subject to payment of money to the City by C1 F on a cost-reimbursement basis in accordance with that certain Contract for Child Abuse Prevention Sen ices Children's Trust Fund of Texas Council between the City and CIF, hereinafter referrad to as "CTF Contract Form 1000, August, 1999". The only expenditures reimbursed from these fu As shall be those in accordance with the project budget, attached hereto as Exhibit 13 and incorporated herein by reference, for those expenses listed in the scope of services as provided herein, Organization shall not utilize these funds for any other purpose. O r tg 13, Organization will establish, operate, and maintain an account system for this program that will tY► 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. Page 5 ~Ji 10 32XIO b e 1 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 er.ter into arty 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 Assistant City Manager for Finance, or her authorized representative, for further direction, G. Organization will appoint a representative who will be available to meet with City's Assistant City Manager for Finance and other City officials when requested. }i. Organization will esYblish a method to ensure the confidentiality of records and other informa- tion relating to clients subject to applicable federal and state law, rules, and regulations, includ- ing but not limited to the Public Information Act, chapter 532 of the Texas Government Code. This provision does not limit CTF's or City's right of access to client case records or other in- formation relating to clients served under this Agreement. I Organization will indemnify and hold harmless City, its officers and employees, from any and all claims and suits arising out of the activities of Organization, its employees, and/or contrac- tors. J. 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 stale law, rules, regulations, and guide- lines, and all the requirements of Section Ili of said CTF Contract, a true and correct copy of w hick is attached to this Agreement as Exhibit C and made a part of this Agrecti.ml for all pur• poses. In particular, Organization agrees to do the following: 1. Adhere to federal and state law, rules, regulations, and guidelines provided in the CTF Handbook and Guide to Proccdmires for Grants made available on an annual basis. 2, a. 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 93.112), the Americans with Disabilities Act of 1990 (Public Law 101.336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons in p the United States shall, on the grounds of race, color, national origin, sex, age, disability, 4 political beliefs, or religion be excluded from participation in, or denied, any aid, care, service, or rather benefits provided by federal andtor state funding, or otherwise be sub- jected to discrimination. b. Comply with the requirements of the Immigration Reform and Control Act of 1986 Page 6 NMI 2 h x 10 32 x o ~ri.der 0 1 regarding employment verification and retention of verification forms frr any individu- als hired on or after November 6, 1956, who will perform any labor or services under any contract between Organization, CTF, and City. c. Comply with Health and Safety Code §95.113 (relating' workplace and confidenti- ality guidelines regarding AIDS and HIV). 3. Comply with appropriate state licensing or certification requirements and with standaids prescribed by the Secretary of the United States Departmentof Health and Human Service. C a. 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 April 20, 1995, 746 Leg., Reg. Sess., ch. 20, 11, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam, Code Ann. §26).101 et seq.). b. Verify and disclose, or cause its employees and volunteers to verify and disclose, crimi- nal 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. 4476.15 as amended, This verification and disclosurewill be required of all who have direct contact with clients, c. Comply with Texas state law (Texas Business Corporation Act, Article 2.45) which re- quires that no state agency may contract with a "for profit" corporation that is delinquent in its state franchise tax payments, By signing this contract, the Contractor cetlifies that its corporation (if applicable) is current in its state franchise payments. d. Under Section 231.006, Family Code, the Contractor or applicant certifies that the busi- ness entity named in this contract is not ineligible to receive the specified grant and ac- knowledges that this contract may be terminated and payment may be withheld if this certi- fication is inaccurate. 0 5, Be subject to an audit by a Certified Public Accountant and provide acopy 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, tar returns, and agency budgets may be re- quircd and shall be made available to City or CTF upon request. 1 6 Use generally accepted accounting procedures as recognized by the American Institute of S Certified Public Accountants and follow CTF financial management policies and proce- dures in maintaining fiscal records required to be kept under this Agreement. O • - 7. Hold the CTF of Texas and City harmless and indemnify the CIF Council and City, their 1 officers, and employees, from and against all claims, demands, and causes of action which may je asserted by any third party in connection with the performance of contracted serv- ices. Page 1 3 2x~❑ s { 0 I ~r 8. Provide services in accordance with the Plan of Operation and allow CTF and City to 1 monit r same. Some possible methods may include on-site visits, document review, ques- tionnaires, or interviews. 9. Participate fully in any evaluation stuc y of this program authorized by CTF or City. 10. Not transfer or assign this Agreement without the prior written consent of CTF and City. 11. Establish a method to ensure the confidentiality of records and other information relating to c iients 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. This provision does not limit City's or CTF's right of access to client case records or other information relating to clients served under this or the City/CTF agreement. a. Submit billings for services and statistical documentation as required by CTF and City to be received on the 15'h day following the last day of each quarter in which the service is provided. Non-receipt of the required billing and 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 an&or nonpayment of the billings or any portion of the billings that are not received within the specified time limit. The Organiza- tion further agrees to certify the amount of local financial participation directly supporting the smice 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 s grecs that the information submitted is true and accurate. The Organization further agrees to supply documentation to City and CTF for the purposes of ved Eying reported information if requested. 12 Make available at reasonable times and for reasonable periods client records, books, and supporting documents pertaining to services provided for inspecting, photocopying moni- toring, auditing, or evaluating by CTF and City personnel or their representatives or other state or federal representatives. 13, Maintain 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 minimum of three (3) years after the termination of the Agreement. If any O lfl litigation, claim, or audit involving these records begins before the three-year period ex- t+►+ pins, the Organization will keep the records and documents for not less than three (3) years and until all litigation, claims, or audit findings are resolved, The case is considered re- solvcd when a final order is issued in litigation, or a written agreement Is entered into be- tween CTF a,.' 1ty and City and Organization. Organization will keep records of nonex- pendable property acquired under the Agreement for three (3) years after final deposition Page 8 32 x I C] A 0 of the property. Contract period means the beginning date through the ending date speci- fied in the original agreement; extensions are considered to be separate contract periods. The contract period of an original agreement or renewal shall not exceed one year in dura- tion. A contract may be renewed only twice, unless certain circumstances as determined by the CTF Council and City require an extension of the period. 14. Account for program income :elated to projects financed in whole or in part with state funds or implemented on behalf of the CTF program, Program income means gross income earned 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: e Added to funds committed to the program by CIF and City and Organization and be used to further eligible program objectives; or a With prior approval, used to finance the local match share of the program. Records must be maintained to ine;cate deposit of funds back to the Children's Trust Fund of Texas program, If more than one source provides monies for activities generating pro- gram income, amounts deposited must be pro-rated. 15. Notify CTF and City immediately of any significant change affecting the Organization and Organization's identity, such as ownership or control, name change, govemiag board mem- bership, vendor identification number, and personnel changes affecting the contracted services. Changes must be provided in writing to UTF and City within 10 working days after the changes are effective, 16 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 ojOperarrc . 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, s 17. Be responsible for any audit exception or other payment irregularity in the program covered 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 proper reimbursement to CTF and City of any amount paid in excess of the proper billing amount E I& Place prominent notices allowing the funding Organization re,eives from CTF and City In O +1 all of its literature that describes services covered by this Agreement. These notices will also appear in the Organization's annual repots, if any. i 19. Acknowledge CTF and City copyright ownership for all materials, published and unpub- lished, that are created with CTF and City funds. All original works of authorship created I using CTF and City funds shall be deemed a work-made-for•hire. CTF shall own the copy- Page 9 i 32X Io OWN A O right and ali 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 or 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 ur., 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 on- other agency. 20. Organization shall defend, inc emnify, and hold harmless CTF, City and the State of Texas and their officers, employees, and agents 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 Or- ganization to CTF or City under this Agreement. The Organization will pay, subject to limitations specified in this paragraph, any final judgment entered against the State of Texas, CTF, or City on this issue in any suit or proceeding defended by the Organization. The Organization, at its sole option, will be relieved of this obligation if within 30 days after CTF and City receive notice, CTF r^d City fail to notify the Organization in writing of any claim, suit, or proceeding, and at the Organization's expense, give the Organization all information needed to settle at/or defend any claim, suit, or proceeding. The Organiza- tion will report to the CTF and City within 10 days and in reasonable written detail, each I notice ofclaim of copyright infringement based on the performance of this Agreement of I which the Organization has knowledge. 2l, Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. Organization is not a registered lobbyist and is not required under Tex. Gov't Code ch, 305 to register as a lobbyist. 22, All notices given regarding this Agreement shall be sent to the following addresses: • Children's Trust City of Denton Denton Family Resource Fund of Texas Community Development Office Center, Inc, 1884 State Highway 71 West 100 W. Oak, Suite 208 P.O. Box 2242 Cedar Crcek, Texas 78612 Denton, Texas 76201 Denton, TX 76202 Ill. TIME OF•pERFORMANCE • The services funded by City shall be undertaken and completed by Organization within the fol- lowing time frame; September 1, 1998 through August 31, 1999, unless the contract is sooner terminated under Section Vltr "Suspension or Termination". Page 10 .r "10 32x!0 Ago A p IV, PAYMENTS A Payments to Organization. City shall pay to Organization a maximum amount of money not to exceed Sixty-five Thousand Two Hundred Sixty Dollars ($65,260) for services rendered un- der and in full accordance with the terms of this Agreement and the attached Plan of Operation, contingent on receipt of funds by City from CTF under the CTF Contract. Payments will be based on a projection of quarterly expenditures with reconciliation at the end of the quarter. Documentation of expenditures must be submitted to the Community Development Office by the 10°i day following the last day of the month of the quarter in which the service was provided. Organization's failure to provide the information on a timely basis, mayjeopardize present or future funding. B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with 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 (1/4) of tl,e 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 permit a thorough review by City. Organization must obtain written approval by City prior to the commencement of procedures to solicit or purchase services, equipment, y or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of 0 tHs Agreement. 1 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 which City at any time thereafter detcrrtines: 1. has resulted in overpayment to Organizati- ti; or O • 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. i Page 11 2 5 l0 32XIO o o E. Deobligation 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 close out 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 i of the contract period. Organization shall utilize the form agreed upon by City and Organiza- tion. V, PROGRAM INCOME X 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 sale of equipm,nt or facilities of Organization provided as a result of this Agreement, and payments from clients or third p t• ties for services rendered by Organization under this Agreement. & Organization shall maintain records of the receipt 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 performed by Organi- zation 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 ell of its sub-contracts which involve otbe- 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 S City. t VLEVALUAVO Organization agrees to participate in an implementation and maintenance system whereby the 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, O All extcmal or internal audits. Organization shall submit acopy of the annual independent audit to City within ten (10) days of receipt, Audit will be conducted by acenifred public accountant. B. All external or internal evaluation reports. Page 12 s 0 ,ems. C. Quarterly performance/beneficiary 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- tembcr. 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. i F. To comply with this section, Organization agrees to maintain records that w+ll provide accurate, current, separate, and complete disclosure orthe 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 and justification for each expenditure. Organization agrees i 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. G 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. DIRECT ORSMEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of I meetings of its Board of Directors, setting 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- 11vcs shall be afforded access to all mcctings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten i 1 (10) working days of approval. VIII, SUSI ENSION OR TERMINATIO A. 7 he City may temrinate this Agreement w ith cause if the Organization violates any covenants, agreements, or guara,.tees of this Agreement, the Organization's insolvency or filing of bank• ruptcy, dissolution, or receivership, or the Organizations violation of any law or regulation to which it is bound under the terms of this Agreement. • B. This agreement is subject to cancellation, either in whole or in part, and on the availability of Q • state and'or federal funds. if funds for the agreement become unavailable during any budget pe- `J riod, and CTF is unable to obtain additional funds, then this agreement will be terminated or re- duced. Termination under this section shall not subject CTF to a penalty or other claims, C. The City may terminate this Agreement for convenience at any time. If this Agreement Is terminated for convenience by the City, Organization will be paid an amount not to exceed the Page 13 32 x Cl . e o n total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services acu- fly performed bears 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 remit 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. r IX. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished 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. D. 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 since said data, there has been no material change, adverse or otherwise, in the financial condi- tion of Organization, 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 enter Into this Agreement and accept payments hereunder, and has taken all necessarv action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City, O Each of these representations and warranties shall be continuing and /hall be deemed to have been 'f repeated by the submission of each request for payment. Page 14 I i 2 .5 x ~ Cl 32 1 ❑ s MOM 0 I I 'I i a X. CHANGES AND AMENDMENT 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 forth 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 I 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. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit , B shall require the prior written approval of City. G. Organization agrees to notify City of any propos=d change in physical location for work per- forced 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 governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. • X1. INDEN1NIFICATIO O • A, H 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- Page _I5 ire, t5❑ 32 x~1~ b 0 w i I I l mands, suits or damages of any character whatsoever resulting in ssbole or in part from the performance or omission of any employee, agent or representath a of Organization. B. Organization agrec> t,1 provide the defense for, and to Indemnify and bold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, de- mands, damages, losses, attorney fees, expenses, and ilabllily arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the wlllful act or omission of City, Its agears or employees. XII. jjN J N'; A. Organization shall observe sound business practise; with respect to providing such bonding and insurance as would provide adequate coverage far services offered under this Agreement. B 'ilia premisas 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 0r- ganization, City may, at its sole discretion, approve attenlate isurance coverage arrangements, C. Organization wilt comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for pro- gram participants, if applicable. 1). 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 Dri%cr's license and automobile liability insurance, Evidence of the employee's current posses- zion 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 • P. The policy or policies of insurance shall contain a clause which requires that City and Organiza- tion be notified In writing of any cancellation or change in the policy at least thirty (3Q) days prior to surh change or cancellation. X111, CONFLICT OF INTEREST A. Organization covenants that neither it nor any member orits governing body presently has any O interest, direct or indirect, which would conflict In any mariner 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, Page 16 i'""' 10 32XIO 1 • O OWN" B, 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 himseltberself, or others; par- ticularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking oe carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XIV. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immedi- 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, step-child, half-brother and half-sister. XV, NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposir••i in the United States mail, postage prepaid, registered or certified, return receipt requested, addressc i to Organization or City, as the case may be, at the following addresses, CITY ORGANIZATION City of henton, Texas Director Attn: City Manager Denton Family Resource Center 215 E. McKinney P.O. Box 2242 Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at du above address by certified mail, return receipt requested. XVL MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest 0 • Ihcrcin, 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 invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continve to conform to the original intent of both parties hereto. page 17 s _ I 0 32XI❑ r o 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 provi- sion. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire r agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring 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. 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 regulations, City as the party ultimately responsible to HUD for matters of com- pliance, will have the final authonty 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 of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter Into this Agreement as of the day of 1998. CITY OF DENTON, TEXAS " BY; • MICHAEL W. JEZ, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY • B1. 0 ~ J~4 APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY y BY: r" I Page 18 e A 1! a. > a l ,Y,~; • ~ 1 f 0 Y ~ 1 r DENTON FAMILY RESOURCE CENTER, INC, BY; DIRE R ATTEST: f SECRETARY i I t 'F w 4. ~t 5'~ur l+o<uttknu'Ron lrwil98 Dr0CCTF dM a F'egc 19 t 32 a , w 0 t STAT E Ot TE X45 1 Form IODD c outs IY OF T P.4YI5 I Aueutt 1991 Chil dun's Trust Fund of rc%m Council GRANT CONTRACT FOR CHILD ABUSE PREVENTION SERVICES Children's Trust Fund or lt. ~s Council Contract Pilo 355.04.1.0052 The Children's Trust Fund of Texas Council, hereinafter referred to as CTF, and City of Denton, a Texas Municipal Corporation, hereinafter referred to as the Contractor hereinafter referred to as the Contractor, do hereby make and enter Into this agreement, which constitutes the entire agreement between CTF and the Contractor under the contract number referenced above, 1. CTF is the State of Texas agency responsible for administering programs to prevent child abuse and neglect In Texas. Chapter 74, Human Resources Code, permits CTF, subject to certain limitations, to enter Into such agreements for the purpose of providing child abuse end neglect prevention r:-ices CTF and the Contractor make this agreement according to the following mutual cone f;erations. It. The parties mutually agree A. The scope and average of the services to be provided by the Contractor under this agreement, the program description and budget for these services, as well as other necessary components, are described and limited in the attached Plan of Operation, which Is Incorporated In this agreement in Its entirely by specific reference, The Plan of Operation will be maintained on file with CTF as a part of this agreement. Any change, modficallon, or amendment to, or renewal of the Plan of Operation Is not effeclve until approved In writing by CTF. The original Plan of Operefron together with any approved amendment maintained on file by CTF will be the controlling instrument In case of any dispute rotating to the wording of any portion of the Plan of Operation or amendment In the event that an amendment approved In writing by CTF conflicts with the terms or the original Plan of Operation, the amendment will control A conflict between amendments will be decided In favor of the most recently approved amendment. B This contract Is a cost•relrnbursement contract, based on the proposed and approved budget • which Is attached and Incorporated as apart of this agreement, Total reimbursement under the terms of this contract shall not exceed the amount shown on the proposed and approved budget end may ba negotiated for less, Reimbursement request of expenditures charged by the conbaclor will be made on CTF Expenditure Documentation Form, Requests will be made quarterly, and will be submitted to the Children's Trust Fund office by the 15th day following the last day of the month of the quarter In which the service was provided 1111 Is necessary fore program agency to receive reimbursement monthly, a letter requesting a different schedule may . be sent to the attention the CTF Director of Finance O • 1 I 1 Page 20 r 32 x ~ L ' I . ..r'•,. F r.•: i"e'~~'a>.'{, i°:i`.`~.K,rY ,«".7"^3,4GtrR'X.L.:^h .:r:'9:"..ne. n,.. ~ . C, 1, Transfers between line Items of a budget will be allowed without prior approval from CTF if the transfers do not result In an increase or decrease of more than throe thousand dollars ($3000) or 10% of the CTF contract amount, whichever amount Is less Any transfers shalt be allowable items as defined by CTF and shall not result In a significant change In the character or scope of the program. The transfers must be described and reported within 30 days by letter to CTF, , 2. Transfers between line items of more than $3000 or 10% of the CTF Contract amount, I whichever Is less, may be allowed under certain circumstances H requests for such changes' (a) are submitted in writing to CTF and approved prior to obligating the funda, (b) fit within the scope of the contract and the total project budget, (c) are beneficial to the achievement of project objectives, and (d) appear to be a more effective use of stale dollars. 3. CTF Is not obligated to pay an unauthorized cost or to pay more than the Contreclofs allowable actual cost. Funds will not be available In excess of the total amount of the reimbursable budget as originally approved or subsequently amended. i 0. 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 period, And CTF Is unable to obtain additional funds, then this agreemant will be terminated or reduced Termination under this section shall not subject CTF to a penalty or other claims. E. If the Contractor fails to provide services soewdmg to the approved Plan of Operation and the provisions of this agreement, CTF may, upon written notice of default to the Contractor, terminate all or any part of the agreement The Contractor will have 30 days to show compliance Failure to comply will result in immediate termination. Termination shalt not be an exclusive remedy but will be in addition to any other rights end remedies provided by law or this agreement F. If federal or state laws or other requirements are amended or judicially Interpreted so that either party cannot reasonably fulfill this agreement, or if the parties cannot agree to an amendment that would enable its substantial continuation, the parties shell be discharged from any further obligations under this agreement The respective accrued Interests or obligations Incurred up to the date of termination, however, will be equitably settled. G. Either party Ic this agreement may consider it to be canceled by giving 30 days notice In writing „ to the other party. This agreement wilt be terminated at the end of the 30-day period, unless the parties mutually agree In writing to continue the contract. Nothing In this paragraph shalt be I construed to prohlblt termination of the agreement pursuant to paragraphs D, E, and F. } 'i j Page 21 5 V. n 32X o p " III. The Contractor agrees to and will require any subcontractors to agree to, A. Adhere to Federal and Mate law, rules, regulations, and guidelines provided in the CTF Handbook and Guide to Procedures for grants made available on an annual basis B. 1. Comply with Title VII of the Civil Rights Act of 1964 (Public Law 88.352), Section 504 of the Rehabilitation AG of 1973 (Public Lew 93-112), the Americans with Disabilities Act of 1990 (Public low 101.336), and all amendments to each, and all requirements Imposed by the regulations Issued pursuant to these acts These provide, In part, that no persons In the United States shall, on the grounds of race, color, nafonat origin, sex, age, disability, political beliefs or religlon 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 discrimination 2. 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 alter November 6, 1988, who will perform any labor or services under any contract between CTF and the Contractor. 3 Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). C Comply with appropriate state licensing or certification requirements and with standards prescribed by the Secretary of the United States Department of Health and Human Services. D 1. Report any suspected case of abuse or neglect to the Texas Department of Protect ve and Regulatory Services (DPRS) or a local law enforcement agency office as required oy Act of I April 20, 1995, 741h Leg, Reg. Sess, ah. 20, d1, 1995 Tex. Sess Law Sen. 113, 260 11I (Vernon) (to be codified as Tex. Fam. Code Ann. 4261.101 at seq). 2 Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and ony 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 SIAT,ANN. art. 4476.15 as amended. This verification and disclosure will be required of all who have direct contact with clients, 3, Comply with Texas state law (Texas Business Corporation Act Article 2.45) which requires that no state agency may contract with a "for profit" corporation that is delinquent in its state franchise tax payments By signing this contract, the Contractor certifies that its corporation (if applicable) is current in Its state franchise payments 4. Under Section 231.008, Family Code, the contractor or applicant certifies that the business entity named in this contract is not ineligible to receive the specified grant end acknowledges that this contract may be terminated and payment may be withheld If this i certification is inaccurate Page 22 U 32XIO 9 , U I i E. Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to CTF. Contractors are expected to create and maintain adequate and auditable fiscal records, such as annual financial statements, tax returns, and agency budgets may be required and shall be made available to CTF upon request. F, Use generally accepted accounting procedures as recognized by the American Institute of Certified Public Accountants and follow CTF financial management policies and procedures In maintaining fiscal records required to be kept under this agreement G. Hold the CTF of Texas Council harmless and indemnily the Council from and against all claims, demands, and causes of actions which may be asserted by any third party In connection with the performance of contracted services, to the extent that the City of Denton Is allowed to Indemnify under the law. H Provide services in accordance with the Plan of Operation and allow CTF to monitor earns, Some possible methods may include on-site visits, document review, quesbonnaires, or Interviews I, Participate fully in any evaluation study of this program authorized by CTF. J. Not transfer or assign this agreement without the prior written consent of either party Neither CTF nor contractor shall transfer or asslgn the agreement without the consent of the other party. The transfer or assignment without prior written consent of either party may result In termination of the contract in accordance with Sectron 11 G, K. Establish a method to ensure the confidentiality of records and other Information relating to clients according to applicable federal and state law, rules, and regulations including but not limited to the Public Information Act, Chapter 552 of the Texas Government Code.. This provision does not limit CTF's right of access to client case records or other Information relating to clients served under this agreement. L 1. Submit billings for services and statistical documentation as required by CTF to be received by the 15th day fol owing the last day of each quarter in which the service is provided Non- receipt of the required billing and statistical documentation by this date will be considered failure to comply with the agreement. Failure to comply Is valid justification for Immediate termination of this agreement andlor nonpayment of the billings or any portion of the billings that are not received within the specified time limit, The Contractor further egress to certify the amount of local financial participation directly supporting the service being purchased with each request for payment submitted to CTF for reimbursemenl 2 Submit performance reports quarterly or as required by CT F to be received by the 15th day 0 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 Contractor agrees that the Information submitted shall be true and accurate and that Contractor shall certify same upon each report The Contractor further agrees to supply documentation to CTF for the purposes of verifying reported Information If requested, 0 M Make available at reasonable times and for reasonable periods client records, books, and supporting documents pertaining to services provided for Inspecting, photocopying, "hilofing, 0 0 auditing, or evaluating by CTF personnel or their representatives or other state or federal representatives Page 23 ~r Via" rv , h 32 J p rte. N. Maintain and keep Ananelal and supporling documents, statlstieai records, and other records perttnent to the services for which a claim was submitted. The records and documents will be kept for a minimum of three (3) years alter the termination of the contract. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Contractor WI keep the records and documents for not less than three (3) years and until all litigation, claims, or audit findings are resolved, The case is considered resolved when a final order is Issued in litigation, or a written agreement Is entered Into between CTF and the Contractor. The Contractor win keep records of nonexpendable property acquired under the agreement for three (3) years after trial disposition of the property. Contract pe iod means the beginning date through the ending dale specified In the original agreement; extensions are considered to be separate contract periods The contract period of an original agreement or renewal shall not exceed one year in duration. A contract may be renewed only twice, unless certain circumstances as determined by the Council require an extension of the period. 0. 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 earned by the Contractor from contract-supported activities. Program income lamed during the contract period shall be retained by the Contractor, and in accordance with the agreement, shall be: Added to funds committed to the program by CTF and Contractor and i 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 Indicr!e deposit of funds back to the Children's Trust Fund of Texas program. If more than one source provdes monies for activities generating program Income, amounts deposited must be pro-rated. P. Notify CTF Immediately of any significant change affecting the Contractor and Contractors identity, such as ownership or control, n.me change, governing board membership, vendor Identification number, and personnel changss affecting the contracted services Changes must be provided In writing to CTF within 10 working days after the changes are effective, 0 Refrain from entering Into any subcontract for services without prior approval In writing by CTF of the quatificallons of the subcontractor to perform and meet the standards of this agreement and Its attached Afan of Operation All subcontracts entered into by the Contractor will be written and subject to the requirements of this agreement. The Contractor agrees to be responsible to CTF for the performance of any subwntractoc . , R Be responsible for any audit exception or other payment irregularity In the program covered by this contract, and all subcontracts, which Is found after monitoring or auditing by CTF of the United States Department of Health and Human Services, end be responsible for the collection and proper reimb usement to CTF of any amount paid In excess of the proper billing amount i , y' J~01 Page 24 2XIO O Y r.. ;d'".,c~ ~ . I $.E t,~A~Sn '',I^'itM4'~%".;34f,1•~ .+D~'kaN'rlet+ea ✓in,.w.mmn ,e. I! ' V S. Place prominent notices acknowledging the funding it receives from CTF In on of Its literature that describes services covered by this agreement. These notices will also appear in the Contractoes annual report, H any, T. Acknowledge CTF copyright ownership for all materials, published end unpublished, that are created with Council funds. All original works of authorship created using CTF funds shall be deemed a work-made-forNre. CTF shall own the copyright and all other rights in such a work. In the event that It Is determined not to be a work-made-for-hire, Contractor hereby assigns an rights In the works, including any copyright, to CTF. CTF agrees to provide the developer of the work a non-excluslve, roysky-free license to use, reproduce, display, end distribute the work. The Council 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 Stales Copyright Low. CTF has the right to use, reproduce, and diMite any material written or produced by the Contractor that Is the subject of this contract. If the contractor is no longer in operation for any reason, all materials produced with CTF Council funds must be returned to CTF, or, with CTF approval, may be transferred to another agency. U Contractor shall defend, Indemnify, to the extent the City of Denton is allowed to indemnify under the law, and hold harmless CTF and the State of Texas against any claim, cull, or proceeding brought against the State of Taxes or CTF on the issues of infringement of any copyright, trademark, patent, of other intellectual property rights, by any service or product part, supplied by the Contractor to CTF under this agreement The Contractor will pay, subject to limitations specified in this paragraph, any final judgment entered against the State of Taxes or CTF on this Issue In any suit or proceeding defended by the Contractor. The Contractor at its sole option will loo relieved of this obligation d within 30 days after CTF receives notice, CTF fails to notiy the Contractor in writing of any claim, suit, or proceeding, end at the Contractors expense, give the Contractor an information needed to settle andlor defend any claim, suit, or proceeding The Contractor will report to CTF within 10 days and In reasonable written detail, each notice of claim of copyright Infringement based on the performance of this agreement of which the Contractor has knowledge, V. Not use funding under this contract to Influence the outcome of elections or the passage or defeat of any legislative measures. Contractor is not a registered lobbyist and Is not required under Tex. Gov't Code Ann., Ch. 305 (Vernon 1997 Pamphlet) to register as a lobbyist. W. All notices given regarding this contract shall be sent to the following addresses: j Children's Trust Fund of Texas 1884 State Highway 71 West City of Donlon Cedar Creek, TX 78812 Community Development Office 100 W Oak St, Ste 208 D. iron, TX 78201 r' V ~11 19 LM ;2) fci Page 23 10 %102X10 t 0 ti „[gar...'.. . , S~",,. , ?"-T,'.KY:'N; `9 f'k;•,; . r~:'titA~3'Yt 1 ~ vJ:.ato.~1'zarJr»+ a, ^e••.mr,..,.. w.. _ 111. The Childran's Trust Fund of Texas Council agrees to Pay the Contractor for all services that are rendered in accordance with the terms of this agreement and its attached Pan of Operation, upon receipt of a CTF Expenditure Documentation Form alter deducting any Mown previous overpayment made by CTF, Total payments during the term of this agreement will not exceed those detailed In the attached Plan of Operation. V. ~ The following Instruments are attached hereto end Incorporated end made a part of this contract as If fully set out herein. • Pan of Operation, Budget Form PO.014, end Timellne, Form PG-003. • City Council Ordinance, as necessary or Corporate Board of Directors Resolution, Form PG-004 (if first year program). 1 For the faithful performance of the terms of this agreement, the partles affix their signatures and bind themselves effective September 1, 1998 and continuing through the 31st day of August, 1999. The Individuals whose signatures appear below are fully authorized to bind the parties they represent ljagreemenl h jat¢d: CTF and Contractor agree that this contract will be comidered signed %hen the Signature oja parry Is delivered by jacslmlle Iransmhiion Signatures transmfrled by f talmtte shall haw the Same effect ay original Signatures. i CHILDREN'S TRUST FUND OF TEXAS COUNCIL t Contractor Name Signature Date Signature Data CTF Executive Director d T;de Title SW I -Ry ,w • r' Page 26 ISM 25 K 32X 1 • tJ PLAN OF OPERATION OUTLINE 1. Problem 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: 1 • 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 avid well being of the citizenry improves. These 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. II• Target Population ]'he Family Resource Center Task Fore visualized a family life center that would serve as a hub I for educational, support, and information and refenel services for ail parents and families in the it), of Denton. Through this approach families, schools, and family service agencies can become partners in a proactive approach to family development. Denton is a city of 66,270 residents located 37 miles north-northwest of Dallas and 35 miles north-northeast of Fort Worth, Denton is 'he county seat of Denton County, the fastest growing county in the state of Texas (1990 Census). The ethnic composition is 81%Anglo, 9% Black. 2% Asian and Pacific Islander, 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 Income is 535,444 and 10% of Denton families live below the poverty line. According to 1990 Census 18°4a of the 13,786 families in Denton are single parent households. Of the female head of households with children five and younger, 34.7°/0 live in poverty, 0 The Denton Independent School District has approximately 12,500 students with a longitudinal dropout rate of 1.400. However, 30% of students have been Identified at risk of dropping out. In 1 addition, DISD has assessed the school readiness of kindergarten and first grade student, and i Paste 27 32 x I ❑ 1 O tag" 23% were m school ready. The task 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 organizationslinstitumions, mass media outlets, business organizations 111. Goals and Objectives The goal of the Denton Family Resource Center (DFRC) is to strengthen and support families. 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 organizationv in the community, will be initiated at the conference tc 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,,ervice provider survey. Results from the needs assessment and collaboration conference will help provide direction and focus fir the goals and objectives of DFRC. j i 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, { Iniant 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. ' 1V, Plan of Action The 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, Evaluation and Funding and Public Relations. The timeline details these activities further, Board of Directors ~ 0 Open site of the Family Resource Center Hold Open House for the Co nmunity O 0 . Orient board members regarding their role and the organization's expectations • Prepare three-year strategic plan Page 28 2 r o I Administration • Develop office and personnel policies and insurance needs • Develop financial management system • Hire receptionist/program 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 graRuate internships ro ram • Determine staff needs, advertise, and select qualified staff • Identify sources of materials needed for the referral and information resource room • Initiate parent lending library • Plan and initiate parent outreach strategies • Conduct community awareness activities about available services and volunteer opportunities • Network with community agencies [lost mini conference: collaboration between agencies Participate in City of Den ,on 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 • Host weekly Parent Coffee Chats valuati • • Work with consultants to design an evaluation plan (Dr. Mlkler/UNT) 1 • Survcy family satisfaction and repo., results • Prepare report on center effectiveness Incorporate data from agency collaborations/referrals Incorporate data from parenting class evaluations Incorporate data from staff evaluations 0 Incorporate data from site-user surveys 0 • Funding and Public Relations • Work with administration staff to access ongoing funding 1 • Plan fund raising events Page 29 3 2 o , a 0 l ry I 1 Contact media outlets V. Key Individuals ' 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; identi''ving potential funding sources; and developing and coordinating primary service delh -ry 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 responsiL.a 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 helpful professional staff can help meet their interests and needs. The establishment of a parent phone network will be an initial objective. Volunteers will play an essential role in the center. Individuals will be encouraged to donate their skills and special talents. This will allow all community groups to participate in the center, creating ownership that will help ensure success. VI. Expectations 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 T use of community resources; encouraging parent involvement In children's learning, I development, and education; increasing the number of referrals and families served; increasing M student achievement; and empowering parents to provide leadership and make decisions affecting the direction of the Center. VII. Program Evaluation A brief framework of the evaluation model is described below. The steps are contingent upon the O identification of community needs that will determine Center goals and objectivesi 1) Identify O • Program Goals and Objectives; 2) Define Evaluation Questions; 3) Define Information needed to answer questions; 4) Identify Information Users; S) Plan Method(s) of collecting J information/data; 6) Collect Data; and 7) Data Analysis and Evaluation Report. 1 Page 30 i 32xio r , o i Steps 1-5 should be completed during the 1 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 ofA evdluation instruments and reporting forms, 2) attendance at training xssions, 3) timely submission of accurate data, 4) access to program clients and participants, S) adherence to evaluation protocols and procedures, and 6) cooperation with requests from CTF and CTF program evaluators. Data are likely to include: 1) quarterly reports th^,t Include: summaries of program activities, types of services offered, numbers and characteristics of people served; 2) client/participation outcomes that include: program satisfaction, measures of knowledge, attitudes and behavior; and 3) agency records related to expenditures and administration of programs. 1 l i • M • i % f Page 31 % i er 10 w a ~aeNr CTndre.•, Tnn rv"a FORM PG-003 t. - *CHILDREN'S TRUST FUND OF TEXAS Timdme September 1, 1998 • August 31,1999 COnlraclli 355- 4-7.1052 List the specific action steps to be completed in implementing the proposed plan •,i j, .,ration. Indicate with "S" the starting dale of each step and with "X" the anlicipatod eomplelion date. Timellne Page 1 A O ACTION STEPS to MT Nov DEC 'AN Fe „R P MAY Ant JUL 01 1. Open slte of the Family Resource Conlor S 8 2, Hire Receptlonls/Seuatery 3, Hire 16 Ft Coordinator I Family Advocate / Program Coordlnator a rN . 4. Hold an Open House for the Community S 5. Secure oqulpment: Kltchan Rams for parent coffees S d Xerox, fax, phone, computer, scanner; resource library; books, buy X 0. Community Awardness ACtlvltlos Continuous . 7. Inlllele evaluation system • collaborate Will Dr. Mikler/ UNT S C tlnuo a after each rentl claw 6. Moot with parent council, Advisory Council, 6 Board Mont illy, 9. Network with Community Organizations Continuous Host minl-conforence; collaboration between agencies X J Participate In City of Denton Workforce Diversity Conference X 7f Participate In Parent Ed. Conferonce-Unly, of North Texas X Attend monthly moolings oLAdvocates for Infants 6 Children Mont ly Attend monthly meetings of Donlon Into Network Monti IV Function as an Info and referral agency Conti luaus. Collaborate with Nancy Brown • County Exlonston Conn uous 10. Host weekly Parent Coffee Chats 8 W okfy.. 11. Parent Education Outreach Conti uous.................... N i Note: Ilomswlthoul a noted start (S) have already boon Inhlaled. 1t9iFOkMSFRIxMAMS1F0403.1XX a aAf.ae.,r , p FORM PG-003 Caadrn'f 7rrrft load fi frttl ACHILAREN'S TRUST FUND OF TEXAS Time]iae September 1, 1998 - August 31, 1499 ContractH 355,44.7-0064 List the specific action steps to be completed in implementing the proposed plan of operation. Indicate %,th "S" the starting date of each step and with "X" the anticipated completion date. Tim aline Paps 24 ACTION STEPS SEP OCT NW DEC JAM FEY MAR APR MAY JUN JUL AVG i IS a/ al SS Be M Is H N p se 11 I 12. Initiate Professional / Parent Lending Library x 13. Plan summer activities; recruit volunteers s x 1 . r. 1 14, Write education column In local paper, newsletters 8 C innnu . 1S. Volunteers Management by Parent Advisory Committee 8 C n11nu us........... M Volunteer screening 8 C din s....... Devise volunteer lralnlng S C dinuo is Hold volunteer meetings 8 usrleA Most s...... , 17. Survey family satisracSlon 8 Report results After each ' ass, s d per vatust n pla . 1a. Prepare report on Center errectiveries Incorporate date from agency collet orallons/ referrals 5 i Inewporsle data from pareting class svstual!ons Incorporate data from staff evaluations Incorporate data from stia•user surveys r S 111. Establish 4 graduate Intemshlps ~ T I, N MI10R1ASMRO0Kg4WO401 A0C 10 32x10 0 0 ti yea>.;. 4 6/01/98 Children's Trust Fund Form PG-014 orTeus CFIILDREN'S TRUST FUND OF TEXAS Contract Budget " September 1, 1998 • August 31, 1999 Agency Name: City of Oenton. Denton Family Resource Center Contract 355-04.7-0052 LINE ITEMS CTF AMOUNT LOCAL MATCH TOTAL PROGRAM COST Personnel • Salaries 348,000 Cash $10,000 $61,263 Volunteer hrs $3,263 Health $ 4,800 S 9,420 Personnel • Fringe Benefits FICA $ 4,620 TraveUTrainingfor Austin $500 $ 1,760 StaBNolunteen TA/Training $ 1,260 Consumable Office/Program $1,600 $ 1,800 Supplies Other: $1,500 $ 1,500 Telephone $ 1,000 $1,000 Postage $ 1,000 $1,000 P rin l l ng/Duplication _ Food for Participants $ 780 $ 780 (as approved) $65,260 $13,263 $18,523 GRAND TOTAL Total Program Costs reflect the expenditures V. activities in your plan of operation. rN ' All amounts should be shown in whole dollar. This form must be typewritten and will be Included in the contract. • • A minimum match of 10% of the CTF grant amount Is required for the first year of funding, 20% for the second year and 50% for the third year, Expenses not reimbursable from CTF funds or used as match are: • Office space rental - Real estate payment J • Utiiiry payment • Equipment purchase 0 • Vehicle rental or purchase O • • Office furniture rental or purchase indirect costs such as edrrWstrative overhead, fundraising expenses, Insurance, Janitorial services or other capital expenditures. i rI I~ Page 34 `i 1.V94FOW"ROOILINS"14_019 DOC 7fi x 32 X IO I 0 AW.. .l a rv 4.~MYr W [A U;.F.:df J' I:r:(q\A .l 'Y?, 1. . ~aOM, CERTIFICATE OF CITY SECRETARY 4 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 1, the undersigned City Secretary of the City of Denton, Texas, 'the "City") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 98-185 as passed and approved by the City of Denton City Council on June 16,1998. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 16th e day of October, 1998. • i i CI EC T Y C "OF DE N, TEXAS 1 Page 35 '.a 261''. 0 32X 4 "AUM 10 c x 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 or Resolution No. 897.008 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 c f 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 L 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 cenifications as necessary. SECTION 11, 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 baen negotiated I • 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 tha Contract, the City Manager shall obtain the appropriate approval of the C i!y Council authorising the City Manager to enter into said Contract before executing same. i SECTION Ili. 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 A with the Texas Open Meetings Act, Tex. Gov't Code ch. 551, as amended. p I SECTION 1V. That this ordinance !hall become effective immediately upon its passage and approval, Page 36 'I ILA 32x10 I O I 1 . . •i~ . _ J ,t MkCP/~ir.Ng1 '~pa!q,Mby a~~..rtnr wrr . iv. ~ Y. (,_I PASSED AND APPROVED Ibis the 7 f!/ day of 11998. I ' JAC LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY - i~ BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: A, 1A i fM.O~e.m,m,'wAn,n,eYafdxSmY rw hni An Page 37 ~:,r 2sxlnr 32XI~ 0 Apende Na._ ~c7 r ~39.. Agenda Item! AGENDA INFORMATION SHEET I AGENDA DATE: November 3,1998 DEPARTMENT: Utilities Administration ACM: Hoard Martin, 349-8232 SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TURNER, COLLIE & BRADEN, INC. FOR ENGINEERING SERVICES AS MAY BE REQUIRED FOR DESIGN OF INFLOW/INFILTRATION CORRECTION FACILITIES IN THE PECAN CREEK AND COOPER CREEK SEWER BASINS; AUTHORIZING THE EXPENDITURE OF FUNDS THERFOR; AND PROVIDING AN EFFECTIVE DATE. B~KGROUND ~ This project includes design of approximately 31,145 linear feel of sanitary sewer rehabilitation (17,817 feet in Western Pecan Basin, and 13,328 feet in Cooper Creek Basin). (See Exhibit 1) The sanitary sewer inflow1rifiltration corrections for Western Pecan Creek and Cooper Creek were identified by ADS En ironmenial Services. The corrections are necessary to i reduce the amount of inflow, and infiltration that enter the sanitary sewer collection 1 system, The reduction in inflow/infiltration will improve collection system capacity and i reduce peak loading at the wastewater treatment plant. OPTIONS + Six consulting firms responded to the City of Denton's Request for Qualifications regarding the Ili corrections for Western Pecan Creek and Cooper Creek. Of the six j firnis responding to the RFQ, three firms were invited for a present, lion to the Selection Committee, Turner Collie and Braden, Inc. was ranked number one by the Selection j Committee. S Staff ncgoliafa the scope of work and the cost proposal with Turner Collie and Braden. 1lie options considered were rehabilitation of all Priority I, 2 and 3a lines identified in the ADS report vs rehabilitating Priority t and 2 lines only. The cost proposal from the consultant for the first option was over $524,00, which was substantially over budget. Also, the maximum impact for the dollars spent on 1,11 correction is by fixing the Priority • 1 and 2 defects. So staff negotiated a contract for the second option. The consultant's cost proposal for this option was $297,737. 0 i 1 j, t :r q `i , } i A O'I M y„.,....... i. ..aur,:nw.wr.:'-s}„H,wr•iV/dNL4RM.v'a,N1g•ACI4.gre+rv ),wr.+M•ho,,,r.nw r r i ~ i Staff has eliminated the construction services from the cost proposal and also decided to design the manhole rehabilitation in-house, providing a cost saving of $56,797. The final contract price with the consultant is for $260,940, which includes $20,000 for additional services for root cutting, heavy cleaning of lines, and dye testing if needed for design of rehabilitation work. `.I RECOMMENDATIONS The Water/Wasiewater Engineering Department recommends approval of the contract with Turner Collie and Braden, Inc. for design of inflow/infiltration corrections in Western Pecan Creek and Cooper Creek. ESTIMATED SCHEDULE OF PROJECT r'' 1 The design of the 31,145 linear feet of sanitary sewer rehabilitation is estimated to be J complete by May 1999. The project will be separated into two construction contracts, one for Western Pecan Basin and one for Ccoper Creek. In-house design of manhole rehabilitation will be a separate contract. PRIOR ACTIONIREVIEW (Council. Boards, Qmmisslonsl Public Utilities Board approved agreement on October 19, 1998. FISCAL INFORMATION i S1,730,000 in Bond funds is budg:ted for construction and design of this project during the fiscal years 1999.2000 and 2000-2001. Respectfully submitted: Ji 1 Jo rdad Director Water Utilities Prepared by: P.S. S.AAr.-1ora, °T. Engineering Administrator F.\lJlB1T L Location Map . 6 ' t 21 I IQ 32xIa o , i C 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFES- SIONAL SERVICES AGREEMENT WITH TURNER, COLLIE & BRADEN, INC. FOR EN. GINEERING SERVICES AS MAY BE REQUIRED FOR DESIGN OF IN- FLOWANFILTRATION CORRECTION FACILITIES IN THE PECAN CREEK AND COO- PER CREEK SEWER BASINS; AUTHORIZING THE EXPENDITURE OF FUNDS THERE- FOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to employ Turner, Collie & Braden, Inc. for pro- fessio,ial engineering services, including design of inflow/infiltration correction facilities in the weste=m Pecan Creek and Cooper Creek sewer basins at a consultant's fee not to exceed ;wo hundred sixty thousand nine hundred forty dollars; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION_L That the City Manager is hereby authorized to enter into a Profess cnal Services Agreement, substantially in the form of the Pttached - •reement which is made a -v i of this ordinance for all purposes, with Turner, Collie & Bradt,. ne. for professional engineering services, including design of inflow/infiltration correction facilities in the western Pecan Creek and Cooper Creek sewer basins. SECTION 11. That the City Manager is hereby authorized to make the expenditures as k outlined in t':e attached contract SECTION Ill. That this ordinance shall become eflective immediately upon its passage and approval. PASSED AND APPROVED this the day of '1998. JACK MILLER, MAYOR f ATTEST, JENNIFER WALTERS, CITY SECRET.A RY BY. APPROVED AS TO LEGAL FORM: 0 HERBERT L. PROUTY, CITY ATTORNEY /'dr,dGgi'LOLOU t.evmirAdn.s~ wNM,vAw IMm Rk 32x1 0 , 25 k {7 • VWNAMO o , _ I i PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF INFLOWANFILTRATION CORRECTION FACILITIES IN THE 4 WESTERN PECAN CREEK AND COOPER CREEK SEWER BASINS STATE OF TEXAS § 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 municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Turner Collie & Braden Inc., with its corporate office at 5710 LB] Freeway, Suite 370, Dallas, Dallas County, Texas 75240 hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNFSSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLF. J 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 professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without [imitation, preliminary design, final design, bid phase scr%ices, construction phase services and additional services as required for Inflowlinfiltiation Correction in the Westem Pecan Creek and Cooper Creek sewer basins, as described in Exhibit ARTICLE II BASIC SERVICES The C'ON'SULTANT shall perform the following services in a professional manner. A. To perform all those services set forth in CONSULTANT's Scope of Work, which r proposal is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein. I - t 'TF F ~ LJ 32X MOWN , i ,gym l i B. If there is any conflict between the terms of this Agreement and Exhibit "A" 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. I ARTICLE 111 ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be i available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as. needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be fumishcd by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C. Sampling, testing, analysis, heavy cleaning of sewer lines which includes root cutting, and dye water testing beyond that specifically included in Basic Services. 1). Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. i E. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the dc%°lopment or construction of the Project, including the preparation of engineering data and reports for assistance to the OW'N'ER. 1', Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations. ARTICLE lV PERIOD OF SERVICE Q J This Agreement shall become effective upon execution of this Agreement by the aM OWNI:R and the CONSULTANT and upon issue of a notice to procec~ 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 Page 2 25 32XIO e O r l 1l"IffiM'ISJ Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V 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 professional engineering, 2, "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. E, 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 detail at an hourly rate shown in Exhibit "A" which is attached hereto and made part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses and additional services as authorized in writing by the Owner, not to exceed $260,940. 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 Manager or his 1 designee; however, under no circumstances shall any monthly statement for services 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 lemis of this Agreement. The OWNER shall not be required to make any payments to the CONSULTAN F when the CONSULTAN f is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized 0 to undertake any work pursuant to this Agreement which would require additional O • payments 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. u Page 3 41WMI 25-k 32X10 LILMNAK 0 C . I ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article Ill, the CONStLTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT, If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (l%) per month from the said sixtieth (60's) 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 (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE V111 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT"s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the O%VNFR upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and j OW NEWS use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this l Agreement in another project or for other purposes than specified herein, CONSULTANT is f released from any and;-I' li*ility relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT' shall provide services to OWNER as an independent contractor, not as f an employ cc of the OWNER. CONSULTANT shall no; have or claim any right arming from 1 employee status. ,r Page 4 +a 32 f 1 0 I C o r ARTICLE I INDEMNITY AGREEMENT 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 attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death a.ad 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 construed to create a liability to any person who is not a party, to this Arreement, 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 immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the follow ing insurance with an insurance company licensed to do business in the State i of Texas by the State Insurance Commission or any successor agency that has a rating with Best Kate Carriers of at least an A. or above, A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500.000 for cach occurrence and not less than $500,000 in the aggregate, and with property, damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage e l mits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Ynkployers' Liability Insurance with limits of not less than $100,000 for each accident. 1). Professional Liability Insurance with limits of not less than S 1,000,000 annual aggregate. 0 1the CONSULTANT shall furnish insurance cerlificaies or insurance policies at the , $ (YKNHR's request to evidence such coverages. The insurar.: policies shall name the "7t`+~g'' OWNI(R as an additional insured on all such policies except professional liability and Worker's Compensation, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and Page 5 i [ 1 0 CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI 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 XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. 13. This Agreement may be terminated in whole or in part in the event of either party ' substantially failing to fulfill its obligations under this Agreement. No such termination will be affected 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 than thirty (30) calendar days to cure the failure; and (2) an opportunity for consuitation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNLR 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 incurred prior to the date of termination, in accordance with Article V "Compensation." Should the 0IM4ER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT i shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE Xlli 0 RESPONS161LITV FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not censtitute, nor be deemed a release of the responsibility and liability of the CONSULTANT. its employees, associates, agents, subcontractors, and subconsultanis 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 Page 6 I.- Nn tl y s 0 OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return rectipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: 'To CONSULTANT: To OWNER: Turner Collie & Breden, Inc. City of Denton Robert C. Reach, P.E. Howard Marlin Vice President Assistant City Manager/Utilities 5710 LBJ Freeway, Suite 370 215 East McKinney Dallas, Texas 75240 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 XV ENTIRE AGREEMENT phis Agreement consisting of 10 pages and 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, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the rubjcct matter hereof. ARTICLE XVI A SEVE.RABILITY 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 Agrrcnrcnl and shill not cause the remainder to be invalid or unenforceable. In such event, the panics shall refomr this Agreement to replace such stricken provision with a valid and enforceable provision which conies as close as possible to expressing the intention of the stricken O pri•cision. ARTICLE XVII COM'PLIANCE' WITH LAWS Be CONSULTANT shall comply with all federal, state, and local laws, rules, E regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be emended. Page 7 ] 1} p` fir; d - ~7~ 32 ,x 0 Q remrva ARTICLE XVlll DISCRIMINATION 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 XIX 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 the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the temt of this Agreement. ft. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITV ]he CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER, ARTICLE X MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offend or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not he waived unless as set forth herein. ARTI(LF, XXII MISCELLANEOUS A 11)e following exhibits are attached to and made apart of this Agreement: Exhibit "A", B CONSUFf AN F 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 Page 8 ! j t ~5 32 x~ o r 1 ' i i 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 County, texas. This Agreement shall be construed in accordance with the laws of the tote of Texas, S D. For tn; purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Stephen R. James, P.E., Project Manager. However, nothing herein shall limit CONSULTANT four using other qualified and competent members of its fimt to perform the services required herein. E. CONSULTANT shall commence, carry on, and compete any and all projects with all applicable dispatch, in a sound, economical, and 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 'nvolved is properly coordinated with 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. i 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. N IN W11N5SS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duty authorized City Manager. and CONSULTANT has a%ccuted this Agreement through its duly authorized undersigned officer on this the day of 19 CITY OF DENTON, TEXAS • r • - p Mike Jez, CITY MANAGER ~ Page 9 Z 0 ,i 1 r , „MMtilYa~r a..rrslr Yn i. ~ , ATTEST-. j JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CG ISULTANT Robert C. Reach, P.E. l Vice President 1 r WITNESS: B1'• I Rr 4k • I J r i f "W Drummv('mr•rYW''mme rolls br.kn ! f 1 , r ~ f Page 10; Q 't 1 f P II 32 X o EXHIBIT "A" SCOPE OF SERVICES FOR ' INFLOW J INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND COOPER CREEK 0.0 GENERAL 0.1 Project Description This project consists of the rehabilitation of sanitary sewers in the Pecan Crock and Cooper Crock sanitary sewer basins in Lienton, Texas. The services to be provided for this project include review of existing ADS reports and recorrunendations, preliminary design, development ofeanstruction plans and specifications, addenda, and the prc-construction meeting du ng the construction phase. The project includes rehabilitation of up to 17,917 feet of sewer in the Pecan Creek sanitary sewer basin and 13,329 fat of sewer in the Cooper Creek sewer basins. Design of a maximum of 5,300 feet of open cut sanitary sewer line rehabilitation is included far the Pecan Crock and the Cooper Crock basins. No manholes in the Pecan Creek or Cooper Crock basins will be rehabilitated under this contract 0.2 Project Phasing i The project will be divided into four phases. 1.0 Preliminary Design 2.0 Final Design 3.0 Bid Phase 4.0 Construction Phasc 0 3 Construction Contracts The design for this project includes a maximum of two separate construction contracts. A separate set of final plans, specifications, and bid documents will be issuod for each of t e • following projects: Cooper Creek Sanitary Sewu Line Rehabilitation Pecan Creek Sanitary Sewer Line Rehabilitation 0A Design Standards Desi m and preparation of const, u6on *swings and technical specifications required for the • orc joct shall be in accordaw c with the following standards: • • a. NCTCOO construction specifications and details b. TNRCC Codes and speeifcations c. City of Denton Design Standards i EXHIBIT A _ W 7fi 32x' ❑ 01 wa~rr , 0 1.0 PRELIMINARY DESIGN i I. I Review of existing reports and recommendations prej vcd by ADS. i TC&B will revicw the ~rports ireparod by ADS Environmental Scrvicec, Inc. and the rehabilitation recomtnendations :ontained therein. Using ArcView 401S and the database provided by the City, TC&B wil' prepare an exhibit showing Priority 1 and Priority 2 defects located by the inspections pcrronned by ADS and the age of the sewer lines, if available. TC&B will prrp.::n en.',iurt to show lines that have been TV incpected and additional lines that TC&B -ecommcnds to be TV inspected. 1.2 City Review and Approval five topics of the exhibits described in Paragraph 1.1 will be submitted to the City for re. icw. Upon the City's epDroval of the rccommendatior+ rot additional lines to be TV inspected, TC&B will issue a notice to proceed to ADS to begin sewer line cleaning and TV inspections. 1.3 Ficld Inspectic as based on Priority !&2 defects identified by ADS, an estimated i 7,g 17 feet or sewer line in the , ecan Creek Baia and 13,328 feel of sewer line in the Cooper Crr k Basin will need rchabilitation. A site visit %41 be made to each Priority M2 defect location to determine the feasibility of trenchless rehabilitation methods. 1.4 Revicv, of New Data Nrw data obtained from the field inspections performed by TC&B and the additional infon, 3tion from the TV inspections performed by ADS will by reviewed and incorporated into the exhibits described in paragraph 1.1. LS Preliminary Recommendations f TC&B will prepare a pre6minrry rehabilitation schedule and a preliminary construction cost esl.rtate for the sewer lines based on recommendations contained in the ADS reports, TC&B cld inspections, TV inspections, and approved methods of rehabilitation 1,6 City RevieA r and Appr-.u 1 Five copies of preliminary eon: trucaon cost estinnale, the rehabilitation schedule and the exhibit showing the location of lines s:i,:dulyd to be rehabilitated will be submitted to the City for review. L7pe.t approval or a P rehabilitation schedule, TC&B will uaue a notice to proceed to S WNOM Inc. to begin tnpograpi +c survey r,f up to 5,300 feet of sewer line then may require open cut construction. O L7 Utility Rescia A: f Lines that are recommended for rehabi i:ation by methods involving opcn cut excavation will require utility locati, n research. TC&B will determine, water, sanitary sewer & storm sewn iJ e OWN" 0 I locations by obtaining as-built plans from the City and verification by topographic suncy and site investigation. TUB will also contact electric, telecommunications, cable TV, and gas companies that may have facilities located within the project area, The apps oximate iocadon of utilities located through this research will be shown on the plan .t profile sheets for the sewer ' design, 1.8 Permit Acquisition TUB will complete applications znd assist the City in obtaining permits as needed from TKDO1 and any railroad companies that have rightrof-way or facilities within the project areas. Othr' -rmits required for thisjob will be determined during preliminary design and brought to f1c, sattention. 2.0 FINAL DESIGN 2.1 Final Recommendations Allcr review and approval of the preliminary rehabilitation schedule by the City, a final rehabilitation schedule will be prepared for the sewer lines in the Pecan Crock and Cooper Creek basins. Sesvar lines requiring rehabilitation will be shown on a map with the City's streets and sewer system. All lines `gat may be rehabilitated by use of trenchless methods will be indicated on the maps and refercncod to the rehabilitation schedule. Plan and profile sheets will be prepared only for lines that req~iire open cut construction methods. These sheets will be prepared as a set of plans to accompany the contract documents and specifications. Based on Priority M2 defects identified by ADS, an estimated 17,817 feet of sewer line in the Pecan Creek Basin and 13,328 feet of sewer line in the Cooper Crock Basin will need rehabilitation. Design of a maxi,.tum 5,300 feet of open cut sewer line is included in the project 22 Contract Documents and Specifications A maximum of two sets of bidding documents will be issued for this project. A separate set of final plans, specifications, and bid documents will be issuod for each of the following projects: CoopTr Creek Sanilmy Sewer Line Rehabilitation Pecan Creek Sanitary ScwerLine Rehabilitation it 2,3 Construction Cost Estimate An itemized construction cost estimate will be prepared for each contract and submitted with the final Contract Documents and Specifications. 2.4 Final Submittal Final plan and profile sheets will be designed it a scale of 1"-40', Final location maps will be at & sca a of 1"-200* or smaller. Five copes of the rehabilitation schedule, plans, specifications, and constnxtion cost estimate will be submitted to the City for final review. The plan sets for the sewer line rehabilitation projects will consist of a cover ehoct, general notes sheet, location map, plan dt profile sheets, and a miscellaneous details shoal. I !d 25 El 12 x ~ t ~ 1 0 i 3.U BID PHASE 3.1 Project Advertisement • DELETED 3.2 Project Addenda 1 Assist the City in issuing addenda to interpret, clarify, or expand the bidding documents. 3.3 Pre-Bid Conference • DELETED 3.4 Bid Opening • DELETED 3.5 Bid Award • DELETED 3.6 Cons"Won Submittal • DELETED 4 0 CONSTRUCTION PRASE 4.1 Pre-construction Conference Attend anJ assist the City in the Pre•constn c ioa Conference for each project. 4,2 Rcvicw of Submittals - DELETED 4.3 Change Orders • DELETED 4A Site Visits • DELETED 4.3 Final Inspection • DELETED 5.0 SPECIAL SERVICES 5.1 Surveying Lines recommended for rehabilitvion by open cut construction methals will require topographic surveys. Surveys will be performed by Survcun, Inc. A. Topograph'v: Surveys Tic existing improvements X, Y, dt Z (water valves, fat hydrants, storm drains, manholes, streets, driveways, curbs, trees, signs) along the route The area of topo is a 30-foot strip, 23 feel each side of the route Along alleys or roar lot tics, locate improvements (trees, sheds, buildings, fences, walls) within 23 feet left and r, ht orthe existing sewer line of proposed route. Locate visible improvements within the street ROW. B Research property ownership of properties involved and provide affecting subdivision plats where sewer lines are located within easements and along back lot lines Provide benchmark data on each section basal on City of Denton vertical datum. Set ~l M i 4' h ❑ 32 X I O ff OA 4 ,may 0 ~aa E temporary benchmarks located so they will not be destroyed during the sc% er construction E projects. Provide Gcld work in a digital formal, field sketches, and vertical control Add notes. Existing features shall be shown and labeled in the bticrostatioe file. B. Easements If easement acquisition or research is required at point repair locations, or for the placement of new lines, the surveyor will prepare legal descriptions for the City's use in acquiring required permanent and temporary construction easement . A separate proposal will be submitted for this work on an as needed basis 5,2 TV Inspection Additional field inspections will be required to locate defects and confirm rehabilitation noods as staled in the ADS reports. All TV Inspection will be performed by ADS Environmental Scrvioos, Inc A, Cleaning and Television Insp:ction An esOmatod 13,054 fool of sewer in the Pecan Creek basin and 4,050 feet of sewer in the Cooper Creek basin, for a total not to exceed 17J04 fxt of sewer line, will re quire cleaning and television inspection. This includes Priority l&2 defects only, as dcfinod by ADS Color TV inspection will be conducted on sewer mains spceified and approved by the City, Sewer lines will be cleaned to eccommodate the inepoction prior to video inspection. A closed circuit color inspection camera will be utilized. Should the s amerce not be WOO pass due to an obstruction (i. e.. protruding services, dropped joints, etc.) then ADS will attempt to enter from the opposite manhole (reverse setup) and TV the line up to the original obstruction Videotapes of the entire line along with computer generated inspection bps will be provided. Videotapes will ireludo a voice narrative of obstructionq and show the footage coumter orthe camera position from the reference manhole. The television inspection log will be a comptchensis a record and will clearly describe the location of each defcct in rclai ion to an adjacent manhole Any dramatic sewer defect will be reportod to the City A immodietcly. Dcfoct data Is captured digitally on-site The data will be loggod using the VTPISCAN software. The City will supply, at no charge to ADS, water for cleaning activities and disposal of all debris removed from the system. Should the City elect to provide cleaning services as required for television inspectiun, the O City must be able to clean is the television inspection is being p-erformod. The City must also cleat in a manner that eliminates dova time of the television inspection crew. 1~ 0 I , 3.3 Additional Scnices The following services will be provided if rtqu. -ad and a )proved by the City. Thesc services will be considered additional services, and comocnsation for these services will be dctcnmined al the time of the request. A. Dyc Water Flooding (Mainline) Dye flooding will be performed in order that positive defect identification and quantification can be made, Mainhw,, dye floods will be performed on lines identified as having a mainline defect. The exact locations for dye water flooding will be specified by the City. Storm ...ewer connects, mainline cracks/collapses, as well as other potential sources, will be flooded concurrently with the internal television inspection B. Dye Water Flooding (Storm Sewer) Dye flooding will be performed in order that positive defect identification and quantification can be made. Storm sowa dye flooding will be performed at locations on lines identified as having a possible cross connection, The coact locations for dye water flooding witl be specified by the City, Stctnt sewer cross connects will be flooded concurrently with the internal tclcvisiot inspection. i f I i ;s 19 2f) 10 3'21 X I v e I 1 dE7iRWetH EXHIBIT 1 City of Denton, Texas 1L1596 ` Inflow I Inf llratlon Correctlons for WiI Pecan Creek and Cooper Creek SUMMARY BASIC SERVICES PloJed Preleci 1141110 TALK LIST1010 Pllncl d YMna N En Inver TKhalclm Te bnlclan Clerkel TOTAL TC41Yaeor Cw r C eek [I Rehab 11.'+60 111 340 150 320 eve 3640 M 7 790 PK" Creekk Lkk Rehab $760 11 9e0 55575 $25 2W 160 477191 , PFVn Creek MN Rel.eb 7091 NON4.ASOII ESTIMATE :w ro { 20 H oda lion a>•i6ee 115m u,epod"I II 5m OeINel4e ;ws2Q WE Ni4a e ;om o ndmmroVAln1 19.10% 1737 TOTAL UASIC SERVICES 3178,544 RECOMMENDED SPECIAL SERVICES FIOJKI PlOJK1 W101 TASK LISTMO ONOC Sane N In Inver KNnl.kn TK NnICi1R Chdeef TOTAL Labor LABOR EXPENSE 107ALS TUIN NON-LABOR ESTIMATE nnllm We n1luc RI'xnneel 9ipod'xtr ISWIlICe'.mIJ kllwrel I'ueta MdH7e 'Am we Use AdmmgI,z nh 10.00% NCN4LABOR TOTAL /UEC04T RACTOR SERVICES ANO MARKUP Labor dmW SubON 111110cls"IrId COMrICM1 Er MISS Sabconb Kloe THL SSrro, 11.00% 6 Suntan h¢ 5 W 9I~__~.. ep5 Ertl ~nmenlal SlMCH, IK 17 1D4 Lf laN C4anin3 S TV McPetd pan et (pJ 1199 10e OTALS TITOTAL ECI LSE IM"" TOTAL 3210 A40 ASSUMPTIONS: 1 PKan I:Iee1 San6ery r w+ CdW'o^ 9ythv Om11wr appradmNary 17,1111. F. !I Se«N rN6MMq MabWlatian O , 7 Co W Dmk SKOmj 51 C~M Syuem emnaMe V0.6 Alley 11,770 L. F, of IaN1 WW Vj Wab"lliM ' S No M&iK4es vent be hNa1II1Ned in TO P" Chen of .00m Chek D"m Ilf A/ 4 Only S 3M L F d NI *4101 00en dd %MWIS bn meI M ct W W ab711A11m will be III by bKldlWed "ftft rl II'' Pye 1 H 4 ICA V 4 e ti N V n Is I 9 ggwA Too ' U 1 4~110 EXHIBIT a City of Denton, Tom 1 d 1546 Inflow! lnEllldion Conecllonl For Wol/1n Paean Crook and Cooper Creek COOPER CREEK • SANITARY SFWER LINE REHABILITATION it aasrc coulees , PwI*A FormicI Senler TASK MITINO prine7 d Mane a !n In wr 1KNn ICIAR Technldan Clldral TOTAL 1.0 ►ulimtnary Nolan 1' TNta RaNrn ' EAh,bR Mee TYad A. Recamrended 1 1 10 TI $20 FAhIMLD.TM locMans 1 Sww e 1 1 10 _ 40 35110 IICoy Rwov AW rover e _ 6110 17 Feld M. torw _1fp 1120L0 1.I RMew d htwv Dale T'N Ing*:h*ha l • e 1120 F1e4d A.poiw / _ • 1 11120 1 SFRNvNna Recom"POWn/ _ Line Rehm Bchedule 'M J EahM RI sNW lacNwnl Hl 1E 16 12000 II Im". and! I 1 1110 171A1Rr ReMemh _ eB 10 a+ooo 1 1 p.r`IACauMRen - fe 1 s'/00 SubMH _ 1F 500 1./ FInM Dolan 21 Row pecommer dalwna _ C<.w 6h.M 1 / 050 OsneW We% 1 ~~W 1 12 1200 Rehab uhad la,mdoe is 10 M Rehab LaAwO F.a R 1 7 e0 _ 110 15No Pun R0AN m ooh l21 $0 K 10 HIeO htu 0e!.i:.111 A 1 • 11 120 + 2 COmrad Dacummm.nd duwna - 1 to 40 to 10110 1 2 0 C Whom Coil Urnale 1 1 $1,020 j 14% !.1 BII►hne Ii ) 1 12 Pro RaAddejoA mkjdwnern.m nd. 1 / 1101 12 p; ="CAmrarence - 11 sd CeeNn0 15 bd A.N BudMa 0 CemnuC Iic n ►hau 1 I PrecoMhuc con1.'e.44 9470 12 ReN!a or Bubmrtuis 11 Boo. VIM 6ugMel 10 I TOTAL NOOAf $of 612 12 11 11 LABOR EXPINS! OTAL 1~1 111 0 1 X1100 M) 1 lees NONAA111011 ISTIMATE ~A Swb r I I~ 1210 ~ a oduNtn Edlbh A09~rde 1zt;-4 0Sheeh 1251m 0$0701~ I43 H.ProdL'6- toosy Report} +x sh" i t 6.01 10 Shah 125 IM 1110 mw M D.1""' 6150 owU 4drF IOb ;om ww. X11 noun CA00 2010 MminNhetM i JP1 101;A606TOTA6 mmmmmmmmmmmmm~ e TCe OTAL _rmmmmmmmom Leer AA A. I.F. FIeblM le•eeeren lvbeanlrarlar TM^a~~ Sse 90.60% tominmew to ^.unton In' 1: iii UFMI*-rw root- 19®E,_~_ m !051 AD6EnNrmmenlrt Se^NCrri MK 1050!1lee CMS E7y lmaenbn_ IC 61. _II 11 Td y~ TOTAL ~e ~ 1 / 1 1 COIAI fTIMA 1 ~ ' 1. 11 Pop 1 e11 A~ ~ 3 I I R~AMAt r O I I n , ,avwlaa EXHIBIT 1 cny of Denton, reKA1 100159e Inflow!InOihafon Conedicnf for Wealern Peon Creakand Cooper Creek PECAN CREEK - SANITAPY SEWER LINE REHABILITATION 1A5IC tUY1c[I I ►rOJect ►rsJael ienlw P,IMI e1 loan"" [n Inatechniclao Technician CIOCA TOTAL TASK LILTING _ IJ F MIm InDo$Ig. 1I db Review E 0n51 Ma Ned A RecommeAld TV) 1 b 71 84,200 Emits lod I.M. is [ Seen 1 e0 so III 000 e 17 CN Rr new A,d ells owl 1 1510 10 Fe4 Inspodana ISO 117000 11 Rebw of N. We 1 [ [ 11 /M TYIM ns Find RNOrb 1 4 4 1170 S Praomina Px amn ndail ns Lire R0a5 Schedule 10 03.000 E&M eneSlaNlOn 1 I[ to 17000 ! It 40" end AMA Al 1 N10 I 1 LAU RelAereh _ 10 40 e7 000 I 1 PrrmK WM1wl 1[ 1 1100 eelraal .170 7.1 PInM Oesl n _ 71 Foal Recwnmpn(Wi e CP Sheet 1 1 `2 117 anaal Nave i 1 [ Ie00 ReheS Sct*&I* JI 5ched04 1 170 510'"a ReWS Lecml nM 1 16 IN lea 114,560 Plan NOAH, sr e% 1 / /o lea !1110 Mv Deh14 07 1 1 _ 11000 7 7 Conescl Daunwnb end SpcACNmM 7 4 71 1 17 7 7 CenetrNCeOn 000 Extmele 1 1 1070 &blcbl 155 7.1 11e►hae Peol Advw%wh 4,0 _ 7171 ] 7 R ltl Ad"A, 1 4 1500 11 No 04 C0Iwo n 5 bdAm 0 eudde 0 C0nabodh n Peec l _ 1 I P,eCOMhV00011 LOn1Y~M 1 A 17Re.1ew It Suhm,Sah 10 ch m"ache 11 01e V1th - 17 LnM Imoeclbn -J~ BuOkUI 1470 IOTAL NOU A/ 7 1 AI / 1 kill LA5 9 1APl NSIrOTALS ]AO 7950 [55571 1 195 iCl1 NON1A60R [f11MA}[ ~ ~11o10+y_ ]O SnAebe l7Mee1 10 R 4ucnon IErh,4Nn1 VShech a 5 set, 110 Meet, a 75 Wh or 80 704W a dorn On N)M4n Re1`>•1} 100 Sheet. f 51m[ SO Sneebl teba IOYheel [750 Ilelherka ' ^041 _ _ MneeRS 11 1114 71 a Ter IAA noun CADO SM 770 oo W% eemmertelm NONIAIOA rOtAL mt9 olAi Lela Aeln. Rep. IAttw IWNW al Ubcoolr lnr Tai 16 160% co wb EI M 9u~r.M I+e a1040 LF rMaO'l0nit lrMSy 1o Ix _i,014 1111150 'IDS E^Ni WMWII Sarvka. Inc _ 15051 LI Line Clot wla L rY k4podW 51750 7171 ly'as I` IO Al 1 1411 1 /r TOTAL is, MAT[ 1 1 00101el4 24 }pel of / NY 4~ Yq•ri!4 r+1~a A: ~r~'f#i r5.T1 MESMERISM / ; 7 1' L.~ 3 L X 7 O 0 rxbe7s a+vrr,a7 s EXHIBIT B caF DI (Denton, Texas +a,ul I Inflow I InCilration Corrocilona for Wealem Pecan Crook and Cooper Creek Ir PECAN CREEK. • MANHOLE REHABILITATION BASIC SEWCES RoJM arajlll AenIM 1ASKLISTMN - ~►dncipal Mm ac" En Innr Taehnktan LehnklM GkAeI TOTAL 1.1 ►rNimfnery Oeelan 11 Oe!a PevlvM _ ' Ertel 00( Lwvhons)( I _ 1 G Review aM ravel 1 5 Ford D'1M001e 1 / RMM or NM' Data 17Prel a Rrp ,dslwn MH Rehab Schedule klLelly rADII Rehab tDcAW / RMw and vnl Reuerch rron Ac unltvn Iire 0nl n 11 Flnal Ren.,,n dddne ReneD ScMdWrll Sr;nNu10_ RSMD U rahan Mr 1 l O COMrett Opxumenb aM .InuaonS ~•1 05 Cobb hDn Caw Elliman Swokul 1.1 IN Phe1e 11 RDlnt Advedlnme,d 57 "M Ad.Ande '.15 ProOld Canleana 1/ Bk ne 35 04 A.J Bauw Lf tan rtrvetlDn Mae /1 PreconwnK6on CDnlennca / 7 RevNw DI Bab,,MI% A 5Cha Cro,go Olden /LSaeY ft 1 7 F,nw W I Buhl W 1 I TOTAL NOUKS LABOR EI P ENS 1107 ALt TCAI NOWLABOR ISIIMAT/ 'W IA, Sheeh1 S?vw n.Ip,d.tan !ErhiDh1 7haeb 10 sob A 015110 aM N S0 MUM a. roduelron pen. n R 0 Sheets mesh L O Sheets 10 Sell III I aSnM a'hwnn nMtge N•lea a dYi A15k I :am NN II bun CACO W M`n ornw 10 NON.1 BOR TOTAL TCAB (DIAL , L" Adm. top. lubtlal Isbeentesel CMtrMa Q nn Suleanbw'lor tank memo A. we, I %t' IId 110f AI ESTIMAtE a I e.g. A el/ 21 J ..Jim ('Iltll )r), Io 32x r e I 9K W= o wr"M% INFLOW / INFILTRATION PROJECT COUIER AND PECAN BASINS J Mp ~ ~ i ~ BCD Z.... . LOO 2 = Ih,~ C CB M~~6 HN 380 380 P - N 3 _ ~Mc 1Np Y C AREAS AFFECTED BY CONTRACT N BASINS Q CA M co Ul 1 CB G=:7 MP F:=j ~y L CC m PK C---J Co I-] PL M S CE 1-3 PM Q CF PN M 2 i EXHIBIT I 13 32x ri tY AGcnda No Agenda fte n/....._ p Dafe__lL_ =t3.... AGENDA INFORMATION SHEET AGENDA DATE: November 3, 1998 `IEPARTMENT: -inane Administration WM: Kathy DuBose SUBJECT A RESOLUTION APPOINTING MIKE JEZ TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. , DACKGROUND 1 The Denh n Retirement and Nursing Center Finance Authority was created in 1980 (pursuant to a resolution of the City Council adopted on February 19, 1980) for the purpose of providing tax-exempt financing for residential facilities to 501(c)(3) organizations. The Authority has issued the following bonds: • 53,600,000 Denton Retirement Nursing Center Finance Authority First Mortgage Revenue Bonds (The Ev, Lutheran Good Samaritan Society Project) Scrics 1980 I • $2,900,000 Denton Retirement and Nursing Center Financing Authority First Mortgage Revenue Bonds (The Er. Lutheran Good Samaritan Society Project) Series 1982 Such bonds are the sole responsibility of the applicant and do not obligate the City of Denton. ` Mike Jcz's appointment will fill the vacancy created by the resignation of City Manager 0 Ted Benavides. Other boat d members are Rick Svehla (Deputy City Manager) and Kathy DuBosc (Assistant City Manager of Finance). Board members serve 6-year terms. i 25 3A. x w. 1 t, 0E r 0 r FISCAL INFORMATION i There is no cost to the City. Respectfully submitted: 't e Kathy DuBdse Assistant City Manager r it r a_ 14 i r 4 _ _ F ~~1,t.~ ~ {A1rl~~~l~~ ~}~i.~~.`•f.V ~.w 41•I ~t~ , .6:N •v'rrS VY'`':~ W~ PV A1 O 1 U" MID i RESOLUTION NO. ~I RESOLUTION APPOINTING CITY MANAGER MICHAEL W. JEZ TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FllJANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Tcd Benavides has resigned his position as a member of cite Board of Directors of the Denton Retirement and Nursing Center Finance Authority, effective September 6, 1998; anti WHEREAS, the City Council wishes to appoint his successor, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That Michael W. Jez is hereby appointed to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. SECTION Il: That the term of office for said member shall be tw, remainder of Ted Benavides' term of office, which shall expire Novemb►r 2, 1999. SECTION Ill: That this resolution shall become eifective im^iediately upon its pamage and approval. PASSED AND APPROVED this the day of 11998 I „ JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY - • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f ''ih,rcd'dpnLOL~Ovr Documen4` Rewiution,!9rJa tknw RsUrtmeml Appnml dm 003 i - ~F 25x 10 32x10. e , 0 WAMWIM Agenda 11e n17 Oale__1.L~'. AGENDA INFORMATION SHEET ` AGENDA DATE: November 1, 1998 DEPARTMENT: Finance Administralion ACM: Kathy DuBosc SUBJECT A RESOLUTION APPOINTING MIKF. 7EZ TO THE BOARD OF DIRECTUkS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. BACKGROUND The Denton Health Facilities Development Corporation was created in IS94 (pursuant to a resolution of the City Council adopted on November 20 1994) pursuant to the Texas Health Facilities Developmad Act for the purpose of providing tax-exempt financing for health facilities in the city of Denton. The Corporation has issued the iL"owing bonds: • $3,000,000 Denton Health Facilities Development Cotporation Revenue Bonds (The Ev. Lutheran Good Samaritan Society Project) Series 1S'85 a $2,170,000 Denton Health Faciiitics Development Corporation Revenue Bonds (The Ev. Lutheran Good Samaritan Society Project) Series 1987 $3,433,000 Denton Health Facilities Development Corporation Revenue Bmtds (The Ev. Lutheran Good Samaritan Society Project) Series 1993 • $7,270,000 Denton Health Fa oiltties Development Corporation Revenue r~ Bonds (The Ev. Lutheran Good Samaritan Socie ty Project) Series 1994 Such bonds are the sole respe s.bility of the applicant and do not obli,ate the City of Denton. Mjkc +ez'; appointment will fill the )acancy ocatcd by the resignation of City Manager I en t cnavides. Other board members are RA:k Svehla (Deputy City Manager) and Kathy Dug-,o (Assistant City Manager of Finance). Board members serve 6-year terms. 1 u .10- 3 I r x a a. 0 4 .r. r aa,:... +'h.vrtiis]IF,.~L.."rls~~s ht4aW~X1^A'.a~.ab-wmwK,rnNn vr..wuan..:~..ac.".,...:. ~ 1 1 I ~ h ' FISCAL INFORMATION There ;s no cost to the City. Respectfully submitted; I' Kathy DuBose Assistant City Manager r r f f I1 1 r• M I I ~ ' hF I t r ~t 2 In ID f Y~7R~~d ~K^~ai f Y irk t r o 0 I RESOLUTION NO. _ A RESOLUTION APPOINTING CITY MANAGER MICHAEL W. JEZ TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Ted Benavides has resigned his position as a member of the Board of Directors of the Denton Health Facilities Development Corporation, effective September 8, 1993; and WHEREAS, the City Council wishes to appoint his successor; NOW, THEREFORE, 7 HE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That Michael W. Jez is hereby appointed to the Board of Directors of the Denton Health Facilities Development Corporation. SECTION II: That the term of office rot said member shall be the remainder of Ted Benavides term of office, which shall expi, - on November 2, 1999. SECTION III: That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1995 JACK MILLER, MAYOR A ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY .1 BY;__ %Y~dLY4 _ 003 i FliMmfdepfLGL`4hrc Docurnrn~'R:wlutiom'96Jet HoRh rre [kr Appoint doe 75 x ~f~. 37_x10 a., VMS= /pcnda No Apanda ilern_// AGENDA INFORIIIATION SHEET AGENDA DATE: November 3, 1998 DEPARTb1ENTt Finance Adm~,iistration ACN1: Kathy DuBose SUBJECT A ?ESOLUTION APPOINT ING MIKE JEZ AS A MEMBER OF THE BOARD OF DIRECTORS OF THE IN')USTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. PACKGROUN The City of Denton Industrial Development Authority was created in 1981 (pursuant to a resolution of the City Council adopted on May 4, 1981) pursuant to the Texas Dcveiorment Corporation for the purpose of provi4ing tax-exempt financing of industrial projects. The Industrial Development Authorit has issued the following bonds: s S3,000,000 Union Camp Corporation Project, Series 1982 • 51,500,000 FAID Development Co., Ltd, Project, Series 1984 • 51,350,000 Glenn L. Hulchcr Project, Series 1S85 • $2,100,000 SafetyKleen Corp Project, Series 1985 • $3,001,000 Union Camp Corporation Project, Series 1993 (Refunding) A • $2,350,000 Market & Research Counselors Project, Series 1994 • • S 1,000,000 Dallas Drive Development Group Project, Serics 1994 i • 52,500.000 Mrrtino ReaNy Company Project, Scrics 1995 • $2,006,WO Hartzell Manufacluring, Incorporated, Series 1996 "r d • $2,500,000 Mayday Manufacturing Co. Project Series 1998A and Series p 1998B • $4,340,000 SafetyKlccn Corp, Project (Refunding) j NI 1 I C . v... M.an......iM n v ouM.IWwYn ei 'iahr^A inM°:KIYtMYfAw+r'vw WwrpN FYa n.;+.,Vafw wv•M ww ~ .n 1/{ 1 ~ A Such bonds are the sole responsibii ±y of the applicant and do not obligate the City of ' Denton. Mike ]ez's appointment will fill the vacancy created by the resignation of City Manager Ted Benavides. Other board members a iv Rick Svehla (Deputy City Manager) and Kathy DuSose (Assistant City Manager of Finance). F15.CAL INFORMATION There is no cost to the City. Respectfully submitted: ,r Kathy DuSose Assistant City Manager r~ t ' F y ' 1 Ny. , 4 ~ ~ + 2 Cl 10 ' , 32' r I 0 I f i RESOLUTION NO. E `f A RESOLUTION APPOiNTiNG CITY MANAGER MICHAEL W. JEZ AS A Mr MBER OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AL'.IIORIT'Y BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHFiei;AS, the City of Denton, Texas has approved the creation of the City of Denton Industrial Development Authority (IDA) pursuant to the piuvisions of the Development Corporation Act of 1979; and WHEREAS, Ted Benavides, one of the three ,nembers of the Board of Directors of the Indwtrial Development Authority (IDA) has resigned his position as a Director as of September 8, 1998; and WHEREAS, the City Council deems it the public interest to appoint the City Manager, Michael W. Jez, to the Boam of Directors of the IDA; NOW, THEREFORE, THE CR',,lNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Sf',•TtON 1, That the following person is hereby appointed to the Board of Directors of the City of Denton Industrial Development Audwrity: ;SAME ALen~ FCC Michael W. Jez 215 East McKinney City Manager Denton, Texas ?6201 Phis Director shall sent a tern of office of six years. The term of the foregoing member shall expire on September 8, 2004. SECTION 11. That this resolution shall become effective immediately upon its passage and approval % • PASSED AND APPROVED this the_ day of _ 1948. ' i 4 JACK MILLER, MAYOR E I 003 °Y"/oil 10 r ~n 11 M ~~F Y l 1, 10 i i r %New" t - 0 l e I i I ATTEST: JENNEFER WALTERS, CITY SECRETARY + BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY i - BY: o t 4 ~ i I~Ar~d JepeLOLOV Dauomalb'IIedmlan!Wla 6rM 6e ! ~I I ! , 7 1 } I I 1 1 004 k 1 l r I 1 vl 25d 32x k`~h ` , VIM= © 1 Apdedd No._w - A7enda liem Dale AGENDA INFORMATION SHEET r AGENDA DATE: November 3,1998 DEPARTMENT: Library System CNI/DCM/ACbI: Kathy Du Bose, Assistant City Manager of Fioaoce)~'? SUBJECT: An ordinance authorizing the mayor to enter into an Interlocal Cooperation agreement with Denton County for library services; and providing an effective date. BACKGROUND& Intcrlocal Agreements between the City of Denton and the County of Denton have been in effect since 1985. Under the auspices of the Agreements, the Denton Public Library provides a full array of library services to all residents of Denton County. The library system will serve approximately 17,949 library users who i. a outside of the Denton city limits this contractual year. These Denton County residents directly benefit from the Intcrlocal Agreements and receive the same library privileges as do City residents. While the level of County funding has never allowed the City of Denton to fully recover the cost of providing library services to out-of-city library users, the City has nonetheless continued to provide library services to Courdy residents. The City of Denton will receive 51.20 per capita totaling $109,199 based upon North Central Tcx*. Council of Governments (NCTCOG) population figures payable in equal quarterly installments. In addition, the County agrees to pay the City of Denton another $10,000 in matching funds. OPTIONS: A. Decide not to accept County funding and charge out-of-city residents an annual fce to use the Denton Public Library System. B. Continue to provide full library services to residents living outside the City of Denton and develop strategics to increase the current per capita funding allocation of 51.20 • the City receives from the County, • • I Mum" C t; .mare . T T.-.w.....-.....,,,~,1....•.w...o-.+as,rw.~ewwawaarwwwJ.....w~.w.ur ,..ril.». n~ I. { F STAFF RECOMMENDATION: OPTION H Staff recommends that we continue to provide full library services to residents living outside the City of Denton and develop strategies to increase the current per capita funding alloce Aon of $1.20 the City receives from the County. PRIOR ACTIONIREVIEW (Council. Boards. ComrnlwEqn): The Denton City Council has entered into an Interiocal Agreement with Denton County fo: library services for the past thirteen years. 1 i FISCAL INFORMATION: Under this agreement, the City of Denton will receive approximately $109,199 and S 10,000 in matching funds, for a total of S 119,199. Respectfully sub 'tted: Eva Poole Director of Library Services Attachments: Ordinance Interlocal Cooperation Agreement ror Library Services t 1 4 IJ' 1 1 ~,t ! I r ~ 1 • ~ 9l l i a: 1 1 . • thy, G 1 i is d __-~i+u 7h 1"1rl L1 1 {Y Y • ♦ F i. l~ I t❑ 32X • 0 1 ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT 1YITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE ch. 791 and ch. 323; and WHEREAS, the City Council deems it in the public interest to enter into,his interlocal contract with Denton County to provide library services for Denton Cou-Ity; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Mayor, or In his absence, the Mayor Pro Tem, is authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantially in the form of the contract which is attached hereto and made a pare of this ordinance for all purposes SECTIONJ] That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the r day of 1948. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY t` BY: l~d- = F4hae r gN'tAL'4w Duevnwedigrdiruncn9Kauiy LiMry AReement dea 7i~. 3 10 0 , 0 s Aty . I j STATE OF TEXAS, I Iss. COUNTY OF DENTON. 7 1 I l I INTERLOCAL COOPERATION AGREEMEN_'_FOR--LIBRARY - BERVICEB + THIS AGREEMMIT is Inade and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OY DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." r, WHEREAS, County is a duly organized political subdivision of tha State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Municipality; and WHEREAS, Both Municipality and County are legally authorized to perform individually the functions or services set forth in this Contract in full compliance with V.T.C.A., Local Government 'Code 5791,011(e)(2); and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and i - KHER.FAS, Count? and Municipality mutually desire to be ' r' subject to the provisions of V.T.C.A„ Government Code Chapter r + DEMON LIBRARY 1998 99 1 „ ~i G, c X 10 32x' 10 01 • p +~aat+n 791, the interlocal Cooperation Act; and 9.T.C.A „ Local i Government "ode Chapter 323, County Libraries. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows: I 1. The term of this agreement shall be for the petiod from October 1, 1998 through September 30, 1999. II. For the purposes and consideratirin herein stated and contemplated, Municipality shall provide i'.brary services for the residents of County -ithout regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual (s) of residence in Denton County, Texas, such individual(s) shall be rntirled to be issued, at no cost, a library card to be used in connection with these library services. 1unicipality shall develop and maintain through the Library one or more of the following programs of service: Educational and readini incentive programs and materials for youth. Functional literacy materials and/or tutoring programs E for adults. Job training/career development programs and/or materials for all ales. t Outrea:h services to eliminate barriers to library services. i Educational programs decigned to enhance quality of life for adults, DENTON LIBRARY 1998 09 2 f 1 Y r ~ 32 x I O e 0 l t 1 111. County designates the County Judge to act on behalf of County and to sere as liaison officer for County with and between County ' i wiu Municipality. The County Judge or his designated substitute ~ shall insure tr.e%performance of all duties and obligations of County herein stated who shall devote sufficient time and attention to the execution of said duties on behalf of county in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's r employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. IV. Municipality shall designate its Director of Library Services to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein stated who shall devote so.ffir.ient time and attention to the execution of said duties on behalf of Municipality in full r f I compliance with the terms and conditions of this agreement, and, A shall provide management of Municipality's employees, agents, 3 contractors, sub-contractors, andior laborers, if any, in the furtherance of the purposes, terms and conditions of this 1+. agreement for the mutual benefit of Municipality and County. 0 • i Municipality shall provide to Co"nty A copy of the annual report submitted to the Texas State Library and shall respond to { a DENTON L PARV 1998 99 9 i 26 32 X 0 I own" County's annual questionnaire as documentation of expenditures and provision of service. V. M The Municipality shall be solely responsible for all techniques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full tima and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas state Library and Archives Commission, Local Government Code, section 323.011(b). VII, County agrees to and accepts full responsibility for the l acts, negligence and/or omissions of all County's employees, ` agents, sub-ccdntractors, and/or contract laborers and for those of • all ether persons doing work under a contract or agreement with i I the County, VIII. O The Municipality agrees and accepts full responsibility for O j the acts, ne;rligenc9, and'or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and OENTON LIBRARY 1991 99 4 i d 32X O for those of all other persons doing work under a contract or agreement with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor county waives any immunity or defense that would otherwise be available to it against claims by third parties. Xr Municipality understands and agrees that the Municipality, its empployees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, set-.ants, agentn and representatives shall at no time represent themselves to be employees, servants, agents, ead/or representatives of Municipality. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 16201 Telephone: 940-565-8687 The address of Municipality is: City of Denton 215 East McKinney Denton, Texas 76201 Attention: Ted eenavides M Telephone: 940-349-8307 i OWON UBRARV 1991 99 S • ~ b 25 ;3;d I U O 1 For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall pay Municipality fees in the amount of $1.20 per capita totaling ONE HUNDRED NINE THOUSAND ONE HUNDRED NINETY-NINE DOLLARS ($109,199.00) based upon Norch Central Texas Council of Governments population figures provided to Denton County by the Dencou County Library Advisory Board, payable in equal quarterly installments to Municipality commencing October 1, 1998. In r` addition, the County agrees to pay 4,micipality an amount not to exceed TEN CHOUSAND DOLLARS ($10,000) in matching funds upon the following conditions, Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis, Denton County shall match Municipality's additional fun.ling in an am:+int not to exceed $10,000.00. Payment by County to Municipality shall be made in accordanci with the normal and customary processes asd business procedures of County, end payment r shall be satisfied from turret revenues of Vie County, 1 + ( Municipality agrees that the fees p,tid by the County herein .airly compensate it for the services to to performed. } %IV, 1 This agreement may be terminated at any time, by either party (jiving sixty (60) dayr,' advance written notice to the other party, in the event of such termination by either party, Huiicipality shall be compensated pro rata for all servi:es performed to DENTON l19RARY 1990 99 0 ' I KI 32> i O 1 'saas~a 1 r f I termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such i termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. Xv. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Municipality and County. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. I. 1 }S~III. F r y1 In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full i force and effect to the extent possible. y DENTON LIBRARY 1996.99 9 y~,~ I (7 32 x l ❑ i I 1 1. 1 1 r j t XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any { necessary orders or resolutions extending aaid authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas by the authorized representatives on this day of 1998. COUNTY MUNICIPALITY By By: Jeff Moseley, County Judge Jack Miller, Mayo Acting on behalf of and by the authority of the Commissioners Resolution M. ATTEST : ATTEST : 1 By By: Denton County Clerk city secretary I APPROVED A.S TO FORM: APPROVED AS TO FORM: I Assistant District Attorney City Attorney I4 3 t t' APPROVED AS TO CONTENT: Director, tibcary Services DENTON LIBRARY 1998.99 8 31 W~►rrN ~,~ru7, '1 321 Gjw o . ,man AGENDA INFORMATION SKEET Aa""ux N' ApcnJa Hem1Q /U~ Oate ~_~L~~[ ~l AGENDA DATE: November 3, 1998 DEPARTMENT: Planning Department DCAI: Rick Svchla, 349.77155 SUBJECT: - Request to Rezone (Z-98.045) Void a public hearing and consider a requcs to rezone a 401,17 acre tract from planned development zoning district (PD-139) to Comm:rriat tC), One-Family Dwelling (SF-7) and Multi-Family Dwelling (Ix1F-1) zoning d;stricts. PD-139 currently allows development as a Business Village, including commercial and sin&- and multi-family residential land uses. The propcrtl is located in southwest Denton, east of Interstate 35W at the FM 2449 (Ponder Road) interchange. (The Planning and Zoning Commission recommended approval, 5 - 0, with three conditions): BACKGROUND: • Existing zoning. The subject property is currently part of PD-139, a planned development zone district that permits the devclopmcnt of a "business village", with allowed uses including hospitality, institutional (government, education, medical, clc.), manufacturing and distribution, office, single- and multi-family residential, retail, service, and recreational. The residential zoning allows 6,000 sq: fl, minimum lei size for single-family and 20 units per acre for multi-family, • Existing Utilities. The nearest water and wastewater services are a considerable distance from the subject properly. The nearest water lines arc 8" lines located in Bonnie Brae at Corbin and in Hwy 377 at the Bcnl C'reck Addition (both approximately one mile from the nearest point of the s,. bject property) The nearest sewer line is a 21" line located in the Dry Fork of 1 I ickory Crock or at liwy 377 southwest of Bent Creek Addition (also approximately one mile from the subject property). See attachment 3. Utilities will have to be extended at davclopcr expense to accommodate any development within the subject property. • C'ondstenc) with Master Plans The request to rezone the subjcc, property is consistent willr the Denton Development Plan (WO): The DDP classifies the subject property as a Modcrdle Activity ('enter with an intensity standard of 350 trips per acre per day. The estimated total trip gcncralion at buitd-out of the proposed zoning is 256 trips per acre per • day, or 271110 less than the intensity standard. The r,-nosed condition to provide sufficient right-of-way for a secondary arterial extending F".l 2449 (Ponder Road) from 1-35W to Hwy { 377 is consistent with the pro;iosed Master Thoro rgh rare Plan. • Consistency islth Existing i.,oning the proposed zoning districts, commercial, single- family and multi.family residcnral, are all per filled uses throughout the existing PD-139 A ,rune district. the proposed singit. family r.sidential zone district (SF-7) has a larger minimum lot size than the existing PD-139 (7,()00 square feet compared to 6,000 square 0 • feel), The existing PD-139 places a density rap or 20 units per acre on any multi-family devclopnrent whereas the requested muhi-family residential has an effective maximum density of 30 to 35 units per acre, depending on the mix of unit sizes. 32 X i o 01 • 0 • Transportation Improvements. The Traffic Impact Analysis indicates that a number of transportation improvements would be required as the subject property is developed. See Attachment 4. • Impact on Schools. The subject property is located in the Argyle Independent School District. City staff has been in contact with officials of the Argyle schools to make sure they are aware of the request to rezone. • Chronology. The subject property a;as annexed into the city and zoned as PD-139 in March, 1991, by ordinances 91-033 and 91-034. OPTIONS: • Deny. The existing concept plan for PD- 139 allowing development of a "business village" hill slay in effect if the request to rezone the subject property is denied. The next step toward development would be approval by City Council of a detailed plan consistent witli the rcquiiements of the concept plan. • Approves If approved, the next seep toward development would be the approval by the Planning and Zoning Commission o: plats of individual subdivisions, consistent with the City's zauing and subdivision ordinances. Privately constructed public improvements required to support the development are determined at the platting stage. Improvements are required prior to the issuance of building permits. • Approve with Conditions. The Council may approve the rezoning with the conditions as recommended by the Planning and Zoning Commission or additional or different conditions may be added. • Continue to a Date Certain 411h a Bequest for Additional Information, The Council may continue the public hearing and/or coi.eideration to a future dale that is determined at the meeting and request additional information for consideration, RECOMM FNDAT [ON: Stuff recommends approval with the conditions as recommended by the Planning and Zoning Commission. The request to rezone is consistent with the Denton Development Plan and could be characterized as a down-zc•,,ing of the current PD-139, It reduces the number and location of pcnnittcd uses and increases the minimum lot size for single-family residential development, . PRIOR ACCIOIV ! RIr1, IEW (C'ouncil. Boards. Commissins): 1'he Planning and Zoning Commission recommended approval (S - 0) of the request to rezone at its meeting on Octobcr 14, 1998, J lu.Al, INFORi1IA1lON At du time of annexation a service plan was prepared demonstrating that urban services could be O ` promided to the subject properly. Under the existing PD-139, there are so many development options available that it is impossible to estimate the fiscal Impact of development under the existing development versus the proposed rezoning. It is possible that the property could develop in exactly the same way under the existing and proposed zoning. 11 is more likely that a balance of commercial, single-(amity residential and multi-family residential will occur under the props sed rezoning because the same uses era not permitted throughout the properly. . h r . , n, i f 1t. p,r n t i b r.,.i J,, ; 6', , „ , Z. , 32 X Irp 4 '9 , r A I 1 D . I •.n ..LlA.P@r', Y. fv n n.. ..-w...w, c.. mr Ma >.,a F_'.uxaYhWw>14TtWHFMYY'Y„5wM8F.a kT'{r M-e nnras ~ v~ r 1 v I ATTACHMENTS ! I . Planning and Zoning Commission Staff Report, Z-98-045. 2. Planning and Zoning Commission Minutes, October 14, 1998. 3. Utility. Map. 4. Traffic Impact Analysis. 5. Planning and Zoning Commission Recommended Conditions. 6. Draft Ordinance, E Re tfully submitted: David Hill Director of Planning and Development Prepared by: Mark Donaldson Assistant Director, Planning and Development f t , I +n liu nnll Hp, fl mr. IlD lirtr, q., Nr„„, J,, 3. rj '2 .5 x 32x10 -.7 7, W- t, 0 M • ATTACHMENT 1 k PLANNING AND ZONING COMMISSION REPORT STAFF REPORT I , SSu0ject: Request to Rezone Case Number: Z-98-045 From PD-139 to C, SF-7 8 MF-1 ;taff: Mark Donaldson Ag, n1 da Date: October 14, 1998 Hold a public hearing and consider making a recommendation to the City Council regarding a request to rezone 401.17 acres from a planned development zone district (PD-139), allowing development as a Business Viltage, to Commercial (C), Single-Family Dwelling (SF-7) and Multi- Family Dwelling (MF-1) zoning districts. e SITE f s ~ - . -IlAred Road - LOCATION MAP REZONE The Vintage,doc v ;ti» ;R+ 10 32XIII I o ,urf rQ~ `p~ pp`M. I Applicant: i Denton - CJW Partners, Ltd. 722 North Flelder Road Arlington, TX 76012-4635 (617) 549-13727 Owner: Same as above Location: The property Is located In southwest Denton, east of Interstate 35E at the FM 2449 (Ponder Road) Interchange. Size: 401.17 acres PROCE83 Current Zoning. The subject property Is currently within a planned development zone district (P0- 139) with an approved concept plan allow ng development of a Business Village, The permitted uses within the Buslne^s Village Concept Plan Include, but are not limited to, commercial, single- farnHy residential, and multi-family residential uses. Prior to any development, a detailed plan would be requires' under the current zoning. Requested Zonir gi The applicant has requested to remove the existing planned development zone district for the 401.17 acre portion of PD-139 that Is east of 1-35W and replace it with the following proposed zoning designation and land use classiflcatlon from the Zoning Code: Proposed Zoning Designation "The Vintage" Tract Area Zoning , t Number Acres besignCa({on+' 1 76.5 Multi-Family_MvellingiMF•1) z. _2035 Single-family Dwelling (SF•7 0 3 121.2 Commercial (C) TOTAL 401_2 _ REZONE The Vintago.doc 5. Fur 32 x 0 i The requested zoning of the subject property could rest iii In the following potential development: Potential Development "The Vinta e" ! ' Zone Acres Intensity Potential ^ District Factor Develoment Commercial 121.2 50%9 F ,R 2.6 millions . ft. Multi-Family 76.5 20 unitslacre 1,530 units Sin IP-Family 203.5 4 unitslacre 814 unts fhe applicant has offered two conditions heat address current city-wide transportation and parks and open space issues: 1. A minimum of 15% of the ;and area (60.2 acres) will be dedicated as open spacelpark arc, 25% of which will be exclus!ve of floodway (15.05 acreas); and 2. One hundred feet of right-of-way will be dedicated for the proposed extension of FM2449 from the I-35W Interchange to the eastern boundary of the property at Bonnie Brae; and If "straight" zoning is ap, ,wed, further 0e plan review by the Planning and Zoning Commission and City Coy ncil is no lo%er required. Following r~ning approve I, the next step In development review is the platting process. During the platting process analysis of pu'.)lic infrastructure, such as roads and utilities, is completed to assure that capacity is adequate to a:xomrrodate the proposed development. Any necessary public improvements required to rrai^tain current levels or service are the responsibility of the developer to provide. i COMPREHENSIVE PLAN AMLYSIS ti The subject property Is located within a Moderate Activity Center, as designated by the 1988 Denton Development Plan. In the Denton Development Plan the purpose of identifying moderate activity centers is to f e encourage balanced development throughout the city Moderate activity ceOGrs are located at the intersection of two primary arterials and at strategic Ioca:io:is abutting a freeway. The Intensity standard for moderate activity centers is 350 vehicle trips pe. acre per day. Land use diversity is encouraged in moderate activity centers to promote a sense of place, gradations in land use 1 intensity, a reduction in cross-town traffic or vehicle-miles traveled, and the location of jobs anrt nousing in close proximity, The DDP encourages high-density housing in the moderate activity ~ centers. o s Currenl Zoning. PD-139 is comprised of 450.6 acres, was enacted with ordinance 91-034, and allows the development of a 'Business Village" with the following uses permitted throughout the district; hospitality, Institutional, manufacturing and distribution, office, retail, service, mid-density single-family residential, high-density multi-family residential, recreational and accessory. Applying REZONE the Vintage.doc 6. 0 1 the 350 vehicle trips per acre per day intensity standard to the 401.2 acres requested to be rezoned yields a maximum allowed intensity of 140.420 vehicle trips per day. Given the wide range of uses that could be developed under the current concept plan, it is virtually impossible to estimate the trap generation of the current PD-139 zone distract. ~ - Requested Zoning. The applicant ties requested to rezone 401.2 acres to Commercial (C), 1 Single-Family Residential (SF-7), and Multi-Family Residential (MF-1) zoning classifcation and land use designation with estimated trip generation as follows: j Estimated Trip Generation The Vinta e Land Use Acres I Intensity Factor Estimated Trips Commercial 121.2 650 tristecre 78,760 f , Mfr" ` Multi-Family Residential 76.5 200 tripstacre 15,300 Sin le-Family Residential 203.5 42 trips/acre 8.647 Tote! 401.2 256 tri slacre 102,627 At an average trip generation factor of 256 trips per acre per day, the estimated trip generation of the requested zoning is 73% of the Intensity standard established In the DDP. Adjacent Zoning. To the not lh of the subject property is Extraterritorial Jurisdiction and Agricultural zoning along the Interstate. To the east and west is Extraterritorial Jurisdiction. To the south is a 920 acre planned development (PD-138). The approved concept plan allows development of a business and industrial park, with manufacturing, commercial, office, retail, service, institutional, recreational, farm and ranch, and accessory uses listed as permitted. There are no permitted residential uses in PD-138. Fiscal impact. Development of this site could be the first of many major parcels of land to be developed along the City's 1-35W corridor. While planned for in the +9A8 Denton Development Plan by way of its designation as a Moderate Activity Center, there have been no city efforts to extend infrastructure to this part of the community. In addition to major utility extensions, the provisloo of other city services, such as police and fire protection, that were committed to as part of the service plan at the time of annexation in 1991 will have to be provided as development occurs. ' With proper planning of city services and the development of a balance of land uses, development in this area can result In a positive fiscal Impact on the city. e REZONE The Vintage doc 7, 32 16 7 7 e : 0 croo" FI.Transportation A. Trip generation Estimated Trip Generation The Vintage Land Use Acres Intensity Factor • Estimated Tri s/da Commercial 121.2 650 trislacrelda 78,780 Multi-Family Residential 76.5 200 tri stacrelda 15,300 Single-Family Residential 203.5 42 tri slacrolda 8,547 i Total 401.2 256 tri slacre/da 102 627 1 Intensity factors from the 1988 Denton Development Plan B. Access The subject property is adjacent to Interstate 35W at FM 2449 (Ponder Road). There is an existing interchange at this location. FM 2449 is shown as a secondary arterial on the City's Master Thoroughfare Plan, extending through the subject property to Bonnie Brae. Maximum buildout of the commercial property would warrant reconfiguration of the interchange exit and entry ramps as well as completion of FM2449 through any new development. Along the east property line, Bonnie Brae is currently a gravel road. Bonnie Brae is listed as a secondary arterial on the City's current Master Thoroughfare Plan. A new draft Plan shows Bonnie Brae as a collector street. It would have to be upgraded to accommodate significant development of the subject property. C. Level of Service Current level of service at the 1-35W/FM 2449 Interchange is adequate. Substantial commercial development would require reconfiguration and upgrades of the Interchange. + The Intersection of Bonnie Brae and Fort Worth Drive (Highway 377) is currently Inadequate in design. Development would require reconfiguration and upgrades of the intersection. D. Pedestrian Linkages The subject property Is currently undeveloped and surrounded by undeveloped property. All future deve!opment will be required to provide sidewalks, A significant feature of the subject propey Is the Hickory Creek drainage area. There is a major opportunity to develop linear greenways and trail systems within this area that connect to other parts of the city. r 2. Utilities 0 ,1. Water and Wastewater. City water and wastewater services are currently not available at or near the subject property. B. Electric. REZONE The Vintage.doc ww g, e 0 Denton Municipal Electric is authorized to provide service to the subject property. 3. Drainage and Topography The subject property includes two significant water features: 1, Hickory Creek along the northern property boundary; and 2. Roark Creek near the southew property boundary. l Both creeks feature fioodway and floodplsin issues and topographic challenges that must be ` addressed during the platting process. 4. Signs, Off-Street Parking, and Landscaping k All future development will be required to satisfy the City's current req.iirements regarding signs, off-street parking and landscaping 3. Lig!,ting Lighting should be controlled. The City Is in the process of developing lighting standards. Recently, most zoning amendments have been approved with a standard condition: Lighting on the propertyshall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 6. Chronology March, 1991 - The subject property was annexed into the city and placed In the Agricultural (A) zoning designation and land use classification by Ordinance 91-033. March, 1991 - The subject property was rezoned from Agricultural (A) zoning designation and land use classification to a planned development zone district (PD-139) oy Ordinance 91-034, i The subject property Is not platted and would need to be platted prior to any development. { I ti PUBLIC NOTICE .:.N iia Notice of the zoning request was published in the Denton Record-Chronicle on October 4, 1998. Two (2) property owners were notified of the request on October 2, 1998. As of this writing, there have been no resoonses. RECOMMENDATION r` Staff finds that the request for rezoning the subject property is: 1. Consistent with the 1988 Denton Development Plan; 2, Generally consistent with the 1998 Denton Plan Policies; and REZONE The Vintage,doc 9. X l ! i 0 r 0 F tible with adjacent zoned land within the City. ends approval of Z-98-044 with the following conditions: 1. A minimum of 15% of the land area (60.2 acres) will be dedicated as open spacelpark area, 25% of 1shich will be exclusive of floodway (15.05 acreas); and j 2. One hundred feet of right-of-way will be dedicated for the proposed extension of FM2449 from the 1-35W interchange to the eastern boundary of the property at Bonnie Brae; and 3. Lighting on the property shall be designed and maintaired so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky.{{~~ MOVION r `tit 'I", ` 'C' ,,f ear nt ~ V .3ya'r i •,;!~t,y.; v. y. ~~~A~ r` I move to recommend approval of Z-98-045 with the following condition: 1. A minimum of 15% of the land area (60.2 acres) will be dedicated as open spacelpark area, 25% of which will be exclusive of floodway (15.05 acreas); and 2. One hundred feet of right-of-way will be dedicated for the proposed extension of FM2449 from the 1-35W Interchange to the eastem boundary of the property at Bonnie Brae; and 3. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky; and L'r~ "i 7i~1,R~c".~.v tl•r ~r'j a,d,r.i'Wf. '~'~a '~'{~~'Tft' ~ k+'~~t`r r 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. r • { j y ~.:4N.r' .ipd _..15'I •C~,V' A ,xp,-Y.r I ENCLOSURES 1, Vicinity Map. 2. Zoning Map. 3. Ordinance 91.034. 4. Proposed Zoning Map. 5. 200' Property Owner Notification Map. 0 0 6. Denton Plan Matrix. REZONE The Vintage.doc 10. 4r 10 32XIO 0 l I I , I f. rL- L w: 1 DEN ON / 6 MUNS 1PA I i 1 - 1 5 AIR RT I t Of - I _.._..w 1 A 35W Yit 35 , i ---4 I i / r ~ ' I, / I Imo. _ I_/~ I 1 0./ En 24 j ~ v I 1 U /1 R + VKHTY MAP W / ♦ - - Tort co I THE V I WAGE Zp 1A. C9 7 1.i. PIANNEC DCVEIpPMENT ' SITE ,a.n JItRES J I/ / II uit apc atcN N 04 couNtr, ICns / 1 •li i ALLREO,_,_' / e / •~••i..\ / JAMES 1631. N0. / JAMES L. . Mhq NINM$ SVE W, PV 1, At$ 1. NO- 0.SSS SS ~ / / f.1, OPIICN(Ii SUIV'[,. IB5?51. MO. M71 •rlo~aw M+t N32 x ..1•''11'. v t rx' F(• I r 1 'til ENCLOSURE. 2 NORTH Z•98.045 (THE VINTAGE) r ~ i i A ETJ ETJ ?qq9 PD 139 PD 138 ETJ ETJ i SITE i ETJ ii PD 138 ZONING MAP y. i Agenda Date: October K 1998 Scale: None 32x 25)(10 . 0 0 1 MORI* sl uero 3 ENCLOSURE 3 I ORDINANCE NO. 'D3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM AGRICULTURE (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSI- FICATION AND USE DESIGNATION FOR 450.6 ACRES OF LAND LOCATED ALONG U.S. INTERSTATE 35W AND BOUNDED BY BONNIE BRAE, ROARK BRANCH, AND HICKORY CREEK; APPROVING A GENERAL CONCEPT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EEFECTIVE DATE. WHEREAS, HSM Inc., Trustee for Southwest Denton Joint Venture, has applicd for a change in zoning for 450.6 acres of land from agriculture (A) to planned development (PD) zoninq district classi- fication and use designation and for approval of a general concept plan for the district; and WHEREAS, on February 27, 1991, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning and the approval of the general concept plant WHEREAS, the City Council finds, that the change in zoning and approva.. of the general concept plan will be in compliance with the Dentor, Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: §YSTION I. That the zoning district classification and use designation of the 450.6 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from agriculture (A) to planned developmer; (PD) zoning district classification and use designation under the comprehensive zoning ordinance if the City of Denton, Texas. SECTION Ii. That Exhibit B, attached to and incorporated into A this ordinance by reference, is approved as the General Concept Plan for the district in accordance with article 11 of Appendix R- Zoning of thr Code of Ordinances. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. 0 SECTION IV. It shall be unlawful for any person to violate any O e condition or restriction imposed upon the use of any land under the t provisions of this ordinance and any persa.i found to be in viola- ?y~ ticn thereof shall, upon conviction, be fined a sum not exceeding $2,000. Each, day that a violation occurs shall cnr,stituts a sepa- rate and distinct offense. 13 ! S 3? X] , meaiev~a ~ F ' Q i , . r _ . as~rcr ~ , t w 1.1 SECTION y, That this ordinance shall become wffective fourteen (14) days from the date of its passage, and the ^ity Secretary is hereby directed to cause the caption of this ordinance to be pub- lished trice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, ~;',thfn ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1991. z BOB CASTLEPERRY, MAYO ATTEST: JENNIFER HALTERS, CITY SECRETARY BY: APPROVED 1.S TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY D . fl ✓~n r BY: i 4 . i y r+ 11 14. d, 2 ol~ xa32xl., I O srt►tq.xe ' i I GENERAL CINCEPT PLAN FOR 450.6 ACRE PLANNED DEVELOPMENT ` BUSINESS VILLAGE i (Henry S. Miller/Grubb i Ellis Tract) 1. Relation to Comprebensive Plan. This tract is located southwest of the Denton Municipal Airport and within the Special Purpose Activity Center. 2. vise of District. The district includes 450.6 acres. 3. Toros. Terms used in this General Concept Plan shall have the meanings as defined in the Code o: ordinances of the City of Denton, unless defined in this Plan. 4. ordinance Governing. This District and General Concept Plan are approved in accordance with and shall be governed by the provisions of article 11 of Appendix B-Zoning of the Code of ordinances. 5. Permitted Uses. The following uses and combination of uses are permitted; (a) Hospitality Uses. Facilities which offer transient lodging accommodations to the general public and which may provide additional services such as, but not Limited to, restaurants, meeting rooms, and recreation facilities. Uses such as hotels, motels, and convention, mset'.^q, and conference facilities will provide support for the office, institution and manufacturing and distribution uses in the district. (b) institutional Uses. Facilities for large governmental, A educationalp medical and cultural facilities compatible with business and industrial park uses;. (a) Manufacturing and Distribution Gses. This category permits the development of manufacturing and distribution uses, but excludes any residential or multifamily land uses. This category encourages manufacturing, assembly and • warehouse and distribution type facilities. O f iw! (interior 4) office suses. econdary The office use category (along with support retail facilities serving the office employees and quests, such as but not limited to, sundries, eating facilities) is encouraged as support for the Manufacturing and Distribution and Hospitality uses. office uses may also consist of independent office develop- 15. r 1* F e • 0 bM"t" I f General Concept Plan-Business Village ff Page 2 ments which are well planned, amenity oriented facilities for service, industrial, and institutionally related users. (e) Residential/Multifamily Uses. The residential/multi- family use category will provide for convenient nearby housing for a portion of the population to be employed in the "Business village". A mix of mid to high density residential uses (single-family to multi-family) and the residential uses will be no more intensive than the parameters shown in the Development Standards. The front yard of every single family home must have a minimum of two hardwood trees prior to occupancy. (f) Retail and service. Any cstablishment whose primary purpose is to provide giods and services to the general public for their use or consurption. The retail uses category includes community shopping centers, au.omobile services, and other retail %nd petsonal services. These facilities are compatible with the freeway corridor and will be well t.lanned amenity oriented facilities designated to serve the regional population. The permitted uses exclude residential/multifamily uses. 19) Recreational Uses. The Manufacturing and Distribution, Hospitality, Office, and institutional urea may have recreational facilities to support the health and welfare of employees including but not limited to golf courses, racquet ball, polo, soccer, etc. These types of recre- ational uses a*e proposed to be developed in conjunction with the open spaces and the intent of the overall planned development. ! (h) Accessory Uses. A use of land or of a building or portion thereof cu3tomarily incidental and subordinate to the principal use of the land or building and located on the sa'e lot with a principal use. 6. Prohibited Uses. The following uses are prohibited in the districts ! Cement, lime, gypsum or plaster manufacturing 0 ! ceaetery Concrete or asphalt batch plants (permanent facilities; Contractor's yard Fat rendering or animal reduction Fertilizer manufacturing Forge plant 16. 32 X Q , o , General Concept Plan-Business village ' Page 3 Gas, butane, propane operations Halfway house Hazardous and/or toxic chemical manufacturing Junk or salvage yard Machine shop or welding Mining or topsoil extraction Mobile home display or sales Paper or pulp manufacture Pawn shop Petroleum products refining Radio or T.V. broadcast or microwave towers Railroad yard or roundhouse sexually oriented businesses Smelting of ores or metals Stockyards or slaughterhouse 7. Development standards. (a) Hospitality. The development standards for property designated for hospitality uses shall be as follows: Minimum lot area 5 AC Minimum lot width 20d FT Minimum lot depth NONE Front yard setback 25 FT Rear yard rstback 10 FT Side yard setback 10 FT corner Lot requirement 2S FT Maximum building height 20 stories Maximum lot coverage 501 Maximum floor to area ratio 2:1 I Parking As listed for each ` fl use in the Denton zoning ordinance. f ' (b) Isatitutionel. The development standards for property E designated for institutional uses shall be as follows: Minimum lot area None Minimum lot width None A Minimum lot depth None fl 0 Fr%nt yard setback 25 FT Rear yard setback 10 FT Side ya►d ^stback 10 FT Corner lot requirement 25 FT Maximum building height 41 FT' Maximum lot coverage 501 Maximum floor to area ratio 2:1 17. « zr 32XI❑ i a , ~ c I General Concept Plan--Business Village Page 4 Parking As listed for each use in Denton zoning ordinance. * Height may be increased by 1 ft. above 43 ft. for each one foci of increase in tha front, side, and rear yard setbacks, up to a maximum of 20 stories. (0) Manufacturing and Distribution. The development standards for property designated for manufacturing and distribution uses shall be as follows: Minimum lot area 2.5 AC Minimum lot width 200 FT Minimum iot depth NONE Front yard setback 25 FT Rear yard setback 10 FT Side lard setback 10 FT Corner lot requicament 25 FT Maximum building height 43 Fi Maximum building coverage. 751 Maximum floor to area ratio lit Parking AL listed for each in the Denton zoning ordinance. i Height may be increased by 1 ft, above 43 ft. for { each one fait of increase in the front, side, and rear yard setback., up to a maximum of a stories. (4) Office. The development standards for Property designated for commercial uses shall be as follows: Minimum lot are: None Minimum lot width None A Minimum lot dop••.h None Front yard setback 25 FT Rear yard setback 30 FT Side yard cetback 10 FT Corner•lut requirement 2e. FT , Maximum building height 43 FT* Maximum lot coverage 501 j Maximum floor to area ratio 3:1 0 Parking As list*0 for each use :n Denton zoning ordinance. Height may be increased by 1 ft. above 43 ft. for each nne :cot of increase in the front, side, and tear yard setbacks, up to a maximum of 20 sI 18. , 32x#C~ 0 I Cenera.1 Concept Plan-Business Village Page i (e) Residential/Xultifamlly' Uses. The development dards for property designated for residential/multi uses shall be as follows: Minimum lot area 6000 SQ. FT. Minimum lot width 60 FT. Minimum lot depth 100 FT. Front yard setback 25 FT. Rear yard setback S.F. 20 FT. { M.F.* Side yard setback S.F. 6 FT. j M.F." Corner lot requirement 16 FT Maximum building height S.F. 2 1/2 storiba M.F. 3 stories Maximum lot coverage 401 Maximum Density 20.0 DU/AC Parking As :fsted for each use in Denton zoning ordinance. * Multifamily rear yards 20 ft, minimumt if great than 2 stories, the rear yard setback shall be equal one foot per each 2 ft. of height to a maximum setb3 of 50 ft. Multifamily side yards 10 ft. minimum; if great 1 than 2 stories, the side yard setback shall be equal one foot per each 2 ft. of height to a maximum setbac. of 50 ft. (f) Retril. The development standards for property d, nated fo:: retail uses shall be as follows: 0 Minimum lot area None I ' Minimum lot width - None Minimum lot depth None Front yard setback 25 FT Rear yard setback 10 IT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT p Maximum lot coverage sot Maximum floor to area ratio 0.031 b Parking As listed for oath use in the Denton Zoning ordinance, 19. 32 X o Q General Concept Plan-Business Village . Page 6 i (g) Adjacency Relationships for residential/multifaut ly uses. (1) At least 501 of the total perimeter of a tract used for residential use (including multifamily) shall be adjacent to one or a corhination of the following uses: (i) open space (ii) Existing residential/multifamily uses or residential/multifamily zoned property. (iii) Existing or proposed arterial roadway or in- terstate highway right-of-way. (iv) Existing undeveloped property. (2) No residential/multifamily use shall be located adjacent to manufacturing or bulk distribution uses, unless said residential/multifamily use is separated frog thoso uses by an arterial roadway or a non- residential to residential/multifamily building-to- building separation distance of not less than 150 feet. (h) Setbacks. The following setbacks shall control over any other speulf,ed setbacks: (1) The minimum setback for buildings and parking facilities shall be forty (40) feet from the right-of- way line of I.H.-3511. A (2) No residential and multifamily buildings shall be 0 permitted within 250 feet of the centerline of inter- state 35 W. (3) Residential and multifamily buildings to be locat. ed adjacent to undeveloped property zoned for non- , residential or multifamily uses shall observe an 80 foot building setback from the common property line. (4) Non-residential and multifamily uses shell observe a minimum 100 foot building-to-building setback from existing adjacent residential and multifamily build- ings. 20. 10 32X 0 E{ 1 General Concept Plan--Business Village Page 7 (5) Residential and multifamily buildings to be lo- cated adjacent to existing non-residential or multifam- ily uses shall observe a 100 foot building-to-building setback from existing adjacent non-residential build- ings. li) Denton Airport coning Regulations. All buildings arid structures in the district shall also be subject to the % height limitations of the Municipal Airport Zoning Requla- bons and federal regulations. (j) Open Space. The Open Space in the district shall con- tain 151 (or over one-seventh) of the gross land area in tho existing 450.6 acre tract. The opon space will consist of at leest all Roark Branch Floodway and those flood prone areas generally north of the first USGS elevation 576 con- tour which is south of tha original channel of Hickory Creek. The areas along the edge of the original channel of Hickory Creek will provide are-ideal alignment and location for a future "hike/bike/pedestrian" trail. (k) Landscaping and Trees. The regulations of the Denton Landscape code in effect on the date of the approval of this Plan shall apply to the District. (1) Development Iatensity. The overall intensity of development for the gross area, 450.6 acres, shall not exceed a floor to area ratio of 1.5 to 1. I i I . k r r i M{IlvZ 1I t i 21. 32x] JIM • u ' rot ,.w e~ "AU U N N .Or\ *nM% MAN 0.6 A& c wlnrra HNM MMAOI Mk J Ab. am • u Ar 1 O rNl hm QMIp scmapm Or - U all MroN .Ollmt pttM w u \ r- \ CRT co NM/Nl "X&I R m • Nile, „4, ,rnnrh •Mw na.,MM k 1' 4 I~i41L N N Mw. ~as~ • q N r'~~n~~~R naaa+ Il,~wiq.~ ww, ° GENERAL a CONCEPT PLAN r11Nll a weuee~, rln ~aw a an i rill wmmwwimmw~ 1- womili 0 a • 1 • r. 1200 s i44a;u S. / \ rrr alAxAa csrr~ ` PROPOSED rnArs rv • IAxs r4 •T, Ill V ' \ \ SNGtE FAS0.T : _ PROPDSED FX)ENSION----_ t~ PROPOSHO \ FM 2449 II )0' R.OX) =9 V) 14 M toMiriEAcm. ~ ! PROPOSED ED" E10FBn THE VINTAGE ~ PRDPOSe6\ \ fi 'Af•1• \ \ PLANNED DEVELOPMENT MULTI-FAM6V \ MY ACRES ° aR°wi Eax°Er". alAf JAAXS E&AWAR SuNVEE, AESI.N4.A0 JAYES L.HARx1 UAVIII, A4S 1.N IiII S.A. 1RtOCT1 "VSV, ASST. RD. qT 4 NOTE1 0 EXACT LOCA14N OF THE PROPOSED EXTENSION OF FM 2449 IS 10 bf ESTABLISHED ON FINAL PLAt. ~/Br IN ANY CASE 1001OF RICHt 0° WAY IS TO BE DEDICATED. 2 LASED ON THE PREVIOUS PLANNED OEVELOPANT A MINtMW OF V LAND AREA WILL BE OCXAtEO MLi"1S: AS OPEN SPACE/PARK AREA, A MINIMUM OF 25% OF THIS REOUIREMENT MI. BE EXCLUSIVE OF FLOODRAT. gmdm WIN X10 ~wne , o ~ t I • ENCLOSURE 5 NORTH Z-98-045 (THE VINTAGE) ETJ ETJ ~4q PD \ 139 ETJ PD 139 ETJ SITE ETJ o~ a 200 FOOT NOTICE MAP , A , 0 • F Agenda Date: October 14, 1998 Scale; None 24. 25 32X a 0 uo>.sr m ENCL.jURE 6 I 1 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjLnction with the 1988 Denton Development Plan ! in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be generally consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project. Denton Plan Policy Analysis Summary Development Rating vs. Policy Not " CATAGORY POLICY Inconsistant Applical Consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan, x Promotes Aocexs Management Practices x Optimizes operations for emergency service pro+dars and other putAlc service providers. x Promotes pud'.c transportation system. x contributes to the Denton Tralls network. x y, Stormwater Drainage. Protects 100-year ftoodptain areas In accordance with Demon's watershed management plans x Conforms to local subdivision regula'ierrs. x + Contributes to regional detention fadlrbes. x Provides L, natural riparian environment along foodplaln x Lzpgrades existing substandard drainage systems as of [I and reAeveiopment occur. x Water and Develops and maintains property and private IYastewahr. Infrastructure. x Creates opwurity for oversizing water and wastewater lines to meet future development demands. - x Provides review or proposed water and wastewater `r - lnfrastructure to ensdre public safety and Health. It Promote. mrll Improvements over new line extensions, x f Eleddc. Provides underground electric service for new residential ,'r i•'`.' i I and nonresidential development x 1 Solld Waste. Promotes efficient access to ar development for solid x waste service delivery. Parks and Recreation. Locates parks and recreation facilities in accordance with c1'S dj e the Parks and Recreation strategic Plan. x I Enhances parks and recre ati opportunities for residents. x 111 Preserves Roodplain for parks and npen space to aid in , fippdLdain Conservation eRorts. _ x Allows combining d parks with other pub'k facillbes to achieve Cost efrediva delivery of public servkts'`t K Residential development should dedkate land or roes in lieu of land for neighborhood partc x Environmental Qrulity. Promotes preservat'on of atural remrces. x k Integrates environmental protection with economic , r Hi;n, !E growth and communlty development x REZONE The Vintage.doc 25. 1 p=s , '„~+faspaP } a f' y G K fi 0 'r asaeerr+t , , iv ess¢~eriar♦ 1998 Denton Plan Policies Analysis (continued) J Denton Plan Policy Analysis Summary Development Rating vs. Policy Not 7 CATAGORY POLICY Inconsistent A01cabk Consistent NeI hborhoo& PraAMi access to public and ownut0ty fad ibes for Y wAonbal neighborhoods. x Encourages a mbdure of land uses that benefit residents ,i x Protects and preserves e4sb g fetghbortoods. Promotes blrnde and pedestrian traftk wM*i and ray , beh~ ndg' Dorhoods to reduce veNoular trips. t y',! x Moudnp, f'roAdes a range of housing types that appeal to di fering ecanomk and IndMdual VLrk tes. + ! ~ x ,i Offers a variety of singk•f*" bt sizes, bulldrg sizes, end price rages. x°: i u ' Preserves exisbng horsing, indudrg affmdabiehousing. trareases Infl lousing construction, x Economle Contributes to a strong and dNasiAed tonal K01'Anry by x DlversMcatiom. Inaeasing employment and expandng the tax brse. Govemment. Encourages Intergovernmental coordination to provide~if. t cost-effective publk services. x Urban Design. Addresses community apgerance In a campretenSI" . A. manner, t = .4 Dtmofies ardritedural apperance of bulk "ranmat<. 'If X"T Neighborhood Inril devaloprwa should be mmpadble with a dsbng Ind uses and WUngs. Protects and preserves Derr ion's archIWtrr$, culbxal and hfstoncal resources. Enhances the appearance along major entranceways: Promotes the preservation of bees and bndwAOng, Provides an oppoity for public opnlon during the Public involvement rtun panning process, ti , s nt ~ , ' afl~ "r y r. REZONE The Vintage.cloc 26. • 1 I 1- I ATTACHMENT 2 i Minutes from the k Planning & Zoning Commission Meeting of October 14, 1998 - are not yet available. They will be provided as soon as possible. I- I i f 1 k i 1 4 • • • c T 4 11f 3' r GI r l 2M 27. I 1 C. r4 R 1..J 3 C X O e lip, UTILITY MAP ATTACHMENT 3 Z•98-045 r8 Inch _ - J Water Line 21 Ind+ Sewer Lina 8inch Waterline fI>~1'/f!u! SITE r t~+ s. r 2s. L Ao 32X ~~ARKMAR NU 1 O r 1 i ATTACHMENT 4 i THE VINTAGE TRAFFIC IMPACT ANALYSIS REVIEW I At the City's request the firm of Cammings & Pewitt, Inc. (C&P) has reviewed the traffic impact analysis (TIA) submitted by lack Hatchell & Associates (JHA) for a proposed development to be named The Vintage. This transmittal summarizes our review comments with regard to the study report prepared for that TIA. DESCRIPTION OF SITE The proposed site has been approved as a Planned Development Zoning District and is to be located on the east side of 1-35W at the FM 2449 interchange, The 400 acre site will be developed as follows: 50 acres of retail; 50 acres of multi-family; 230 acres of single family; and 70 acres of park land, STUDY AREA The study area considered in this TIA included the following locations: the intersecticn of FM 2449 and the west ramp of I-35W; the intersection of FM 2449 and the east ramp of 1-35W; the intersection of the site's major thoroughtitre and Bonnie Brae; and the streets and highways in and adjacent to the site. TRIP GENERATION JHA developed its trip generation information through the use of the Trip Generation Manual published by the Institute of Transportation Engineers. Through the data collected and compiled in the manual JHA estimated that a total of 35,720 trips per day would be genet sted by the proposed development TRIP DISTRIBUTION AND ASSIGNMENT In gen^ral we concur with JHA's trip distribution pattern and traffic assignments. We recognize that the distributio!+ of traffic volumes in a typical TIA is a calculated guess and that the actual pattern resulting from the full development of this site may vary by as much as S -10%. However, the size of thin site is large enough that a 5. 10% shill in the distribution pattern does not significantly affect p the teai'6ng improvement needs necessitated by this site Pagel 29. l! t.. y , MLA 32 x s 0 I i PROJECTED TRAFFIC VOLUMES To obtain the protected total traffic vo?unm at build out of the site JHA made two assumptions with regard to traffic growth in the area- the traffic volumes on FM 2449 were doubled and the daily traffic on Ronnie Brea was assumt i to be 5,000 vpd. We consider these assumptions to be acceptable for this study. OPERATIONAL ANALYSIS JHA performed capacity analyses at the three study intersections and along the site's major thoroughfare We noted only one discrepancy in the analysis that should be addressed by the applicant The capacity analysis of the eastbound traffic on FM 2449 at I-35W failed to include the correct though traffic volume. The report analysis showed a value of 195 vph when in fact the number should have been 739 vpd, TIA FINDWGSIRECOMMENDATIONS JHA concluded that the existing street and highway svstem could accommodate the ultimate development of The Vintage with the following improvements, t. Widen Fbi 2449 west of 1.35W to four lanes for some distance west of the interchange. 2 Construct the major thoroughfare through the site to an ultimate six lane/four lane cross section. The six lane section would be necessary to serve the retail development at tho interchange while the four lane section would be necessary to serve the residential development, 3, Consideration should be given to replacing the existing "jug handle" interchange with a more standard diamond interchange. 4. Trrffic signal controls will be rNuired at both ramp intersections of 1.35W and FM 2449 and at Bonnie Brae and tl:e site's major thoroughfare. We concur with these findings and recommendations, but we suggest that the above four items be expanded to include the following findings and recommendations 1 The existing number of lanes on the bridge and on the ramps will not provide adequate service for the full development of this site. Our capacity analysis revealed a LOS "F" for traffic opera ions at both ramp intersections under the conditions of traffic signals and existing geometries, rage 2 30. e wool" n If a new t.tterchange is not projected rot this location in the near future, wo recommend that the existing bridge be widened to a five lane cross section and that each ramp be widened to support two approach lanes for at leas! 300 feet. ' 2. Bonnie Brae will need to be constructed to a four lane cross section between Airport (FM IS IS) Road and the site's major thoroughfare at some point in the future. Assuming full development of this site, this new cross section will not be required until the non-site traffic on Bonnie Brae reaches approximately 3,000 vpd 3. As a minimum, no connection to Bonnie Brae should be allowed until the entire portion of gravel road is paved and the weight restricted4ow water bridges over Hickory Creek s re replaced 4. Bonnie Brae is subject to occasional flooding due to its low elevation at a number of locations between I.35 and the study site Because of this flooding, the closure of Bonnie Brae to traffic seeking to travel north from this site is a real possibility. Should this flooding situation occur, additional traffic will be forced to travel south on Bonnie Brae between the site and US 377. In order to handle this potential increase in traffic, the skewed intersection of Bonnie Brae and US 377 in conjunction with the adjacent railroad crossing should be upgraded. I S. There are two other possible alternatives to cot,4ider for addressing the flooding problem on Bonnie Brae raise Bonnie Brae beyond the 100 year flood level; or l{ extend the site's main thoroughfare east from Bonnie Brae to a new intersection with US 377. 6. The transition between the six lane and four lane sections on the site's major { thoroughfare should occur in the area of the multi4mily development that separates the retail from the single family. 7. No mention was made in the TIA of participation and sharing in tha cost of any improvements by the Owner. If these improvements are not pats of the City's current capital improvement program, then other revenue sources will rued to be Identified i in order for this development to be successful from is traffic t,, erational standpoint. The report also identifies an initial developmen! of two convenience stores and 100 single family lots that would generate approximately 3,083 vpd Before approving any Initial development of this size, the City should request an analysis of the impact of this initial development on the I-35W ramp intersections with FM 2449. Q Page 3 31. - a ~ 3 x:11 s , r c ' ' ,r... ~ ..........o... r, ury nnu.o-.vxeM"mbn ~.os m r"r ..nr . ~ ~ . 1' I I CLOSING Traffic volumes generated by The Vintage site will be large. In order to provide acceptable traffic operations at the interchange and on Bonnie Brae, significant geometric and traffic control Improvements have to be constructed. If these improvements are not part of the City's short range capital improvement prograu% then this de.•ciopment should be delayed until monies are located with which to construct the improvements. We have appreciated this opportunity to assist the City in reviewing the traffic Impact findings of The Vintage traffic iripact analysis. If you should have any questions regarding our findings, do not hesitate to contact our office. I ,Ir I ,I I ~ i ' ' l~~r I I v,p i. 1 C 1 • ~ ~ f r , Paso 4 32 r ~ „G y yq I M1'1 I MILALAM ATTACHMENT 5 Planning and Zoning Commission j , Recommended Conditions Z-98-045 1. A minimum of I S% of the land area (60.2 acres) will be dedicated as open space/park area, 25% of which will be exclusive of floodplain (15.05 acres); and I 2. One hundred feet of right-of-way will be dedicated for the proposed extension of FM2449 from the 1.35W interchange to the eastern boundary of the property at Bonnie Brae; and 3. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. i l M . 0 i I r I 1h !'!.uri, nn!(R.]qH (I Ar lSn l7ir I1 r;;r Hr rrnr d,R 33• 4'. MI•.1. W c A 0 ATTACHMENT 6 I I ORDINANCE NO. I l AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE OF ZONING FROM THE PLANNED DEVELOPMENT (PD-139) ZONiNO DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 121.2 ACRES OF LAND, ONE FAMILY DWELLING CONDITIONED (SF-7[c]) ZONING DISTRICT CLASSIFICATION FOR AND USE DESIGNATION FOR 203.5 ACRES OF LAND, AND THE MULTI-FAMILY DWELLING CONDITIONED (MF-1[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 76,5 ACRES OF LAND LOCATED IN SOUTHWEST DENTON, EAST OF INTERSTATE 35W AT THE FM 2449 (PONDER ROAD) INTERCHANGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton-CJW Partners, Ltd„ initiated a change in zoning for 401.2 acres of land from the Planned Development (PD-139) zoning district classification and use designation to the Commercial Conditioned (C[c)) zoning district classification and use designation for 121.2 acres of land, One Family Lwelling Conditioned (SF-7[c)) zoning district classification and use designation for 203.5 acres of land, and Multi-Family Dwelling Conditioned (MF-1 [c]) zoning district classification and use designation for 761 acres of Iwid; and WHEREAS, on October 14, 1998, the Planning and Zoning Commission recommended approval of a change from the Planned Development (PD-139) zoning district classification and use designation to the Commercia; Conditioned (C[c]) zoning district classification and use designation for 121.2 acres of land, One Faraily Dwelling Conditioned (SF-7[c)) zoning district classification and use designation for 203.5 acres of land, and Multi-Family Dwelling Conditioned (MF-1 [c]) zoning district classification and use designation for 76.5 acres of land; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION L That the eorrng district classification and use designation for 401,2 acres of land located within Planned Development No. 139 (PD-139) is changed to the Commercial Conditioned (C[c]) zoning district classification and use designation for 121.2 acres of land described in Exhibits E & F, One Family Dwelling Conditioned (SF-7[c]) zoning district classification and use designation for 203.5 acres of land described in Exhibits C & D, and Multi-Family Dwelling Conditioned (MF-I[c]) zoning district classification and use designation for 76,5 acres of land described in Exhibits A & B under the comprehensive zoning ordinance of the City of Denton, Texas, all of said Exhibits being attached hereto and incorporated by reference herein, subject to the following conditions: A 1. A minimum of 13 percent of the land area will be dedicated as open space/park area, 25 C . 1 percent of which will be exclusive of the lloodplain; z•vs oas, ~T~ ulna;e as 34, 't "Oil 32 x 1 i 2. One hundred feet of right-of-way will be dedicated for the proposed extension of FM 2449 (Ponder Road) from the I-35 W interchange to the eastern boundary of the property at Bonnie I Brae; and 3. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. 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 violated 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 11998, 1 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: APPROVED kS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • 7 13 Y /WA c e. ff ~ , f~ Z-4r 013; P4 Vlnuae doe 35. r : 1 f i 4 NAVIN . I l EXHIBIT A TRACT 1 BEING A 76.636 ACRE TRACT OF LAND SITUATED IN THE JAMES EDMONSON SURVEY, ~I ABSTRACT NO. 401, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF PARCEL NO. 1, DESCRIBED IN DEED TO SOUTHWEST DENTON JOINT VENTURE, RECORDED IN CLERK'S DOCUMENT NO. O04885 OF THE DEED RECORDS OF I DENTON COUNTY, TEXAS (D.R,D.C.T,). SAID 78.638 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1, BEING IN THE 1 APPROXIMATE CENTERLINE OF BONNIE BRAE ROAD; THENCE N 88080'30" W, ALONG THE SOUTH LINE OF SAID PARCEL NO. 1, A DISTANCE OF 2858,70 FEET TO THE SOUTHERLY MOST SOUTHWEST CORNER OF SAID PARCEL NO. 1; THENCE N 00'33'20" E, ALONG THE WEST LINE OF SAID PARCEL NO. 1, A DISTANCE OF ' 1285.07 FEET TO A POINT FOR CORNER; I THENCE OVER AND ACROSS SAID PARCEL NO. 1 THE FOLLOWING FOUR (4) COURSES AND DISTANCES: S 88'60'30" E. A DISTANCE OF 1130,00 FEET TO A POINT FOR CORNER; N 46'30'00"E. A DISTANCE OF 571.48 FEET TOA POINT FOR CORNER; S 43'30'00" E, A DISTANCE OF 1274.87 FEET TO A POINT FOR CORNER; S 88.60'30" E, A DISTANCE OF 225.68 FEET TO A POINT IN THE EAST LINE OF SAID PARCEL NO. 1, BEING THE APPROXIMATE CENTERLINE OF SAID BONNIE BRAE ROAD; THENCE S 00'07'20" W, ALONG SAID EAST LINE AND SAID APPROXIMATE CENTERLINE, A DISTANCE OF 760.13 FEET TO THE POINT OF BEGINNING, AND CONTAINING 78.638 ACRES OF LAND, MORE OR LESS. THIS DESCR,PT*NIS NOT THE RESULT Of ANACTUAL'ONTHE GROUND' BOUNDARY SURVEY BY CARTER ANO BURGESS AND IS NOT IN(ciXl") FOR U! E AS DEFINED UNDER SECTION 2 Of THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 62620 V,T.C.S, I ~ ! r I r~ SHEET 1 OF 2 , fd I uLd9e71t~0i AIIA IpEXTRI.F!re 36. :i ,.'2 32 x RMilJY 0 10 Am" EXHIBIT 8 1 BONNIE BRAE ROAD S 0007'20' W 760.13 20' (sul10 °EVOLWVC 2402, PACE $69 E 5 50'30' E ` oROct 23.68 i -r- d6 1 "=400'"b 1 PARCEL NO, ! ►S TV EsMt t0 'r C2 TEXAS MVNICIPAL POWER AOfNCY SOUTHWEST DENTON JOINT VENTURE ,K VOLUME IIT6, PACE e0 CLERK'S DOC094655 D.R.D. C. r' oROCc 100 V A L ESMt. b VOIVME 570. PACE 5TO C,R.0C L .nom • rf TRACT 1 76.536 Ac. 11'44 PARCEL NO, 1 SOUTHWEST DENTON JOINT VENTURE CLE;4K'S DOC, 1 094865 D.R.D.C, . w l e APPROX. ' "suR d -LA [7 N 0733'20- E 1285.07 S A PRITCHETT SURVEY Y ABSTRACT NO. 1021 HILLWOOD/McCUTHCHIN, LTD. VOLUME 2470, PACE 678 W D R.D.C.T' ZONING EXHIBIT 19 m SHEET KAM I'-40r TRACT 1 pure 1w rKEAUara out or THE CNR' MMn wlMw"".M+ MI MMN"Mww JAMES EDMONSON SURVEY, ABSTRACT NO. 401 r z DE z CHIC" I" a %cm CITY OC OENTDR, DIN THE ENTON COUNTY, TEXAS ~ 37, 2.ri x lQ 32X1 i 0 0 I w w EXHIBIT C TRACT 2 BEING A 203.471ACRE TRACT OF LAND SITUATED IN THE SA PRITCHETT SURVEY, ABSTRACT NO. 1021, THE JAMES EDMONSON SURVEY, ABSTRACT NO. 401, AND THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 555, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF PARCEL NO. 1, DESCRIBED IN DEED TO SOUTHWEST DENTON JOINT VENTURE, RECORDED IN CLERK'S DOCUMENT NO. 094885 OF THE DEED RECORDS OF DENTON COU)VTY, TEXAS (D.R.D,C.T.). SAID 203.471ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES ANDBOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1, BEING IN THE APPROXIMATE CENTERLINE OF BONNIE BRAE ROAD (A GRAVEL ROAD); THENCE N 00°07'20" E, ALONG THE EAST LINE OF SAID PARCEL NO. 1 AND THE APPROXIMATE CENTERLINE OF SAID BONNIE BRAE ROAD, A DISTANCE OF 780.13 FEET TO THE POINT OF BEGINN NG; THENCE OVER AND ACROSS SAID PARCEL NO. 1 THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: N 88°50'30" W, A DISTANCE OF 225.88 FEET TO A POINT FOR CORNER; N 43°30'00" W, A DISTANCE OF 1274,87 FEET TO A POINT FOR CORNER; S 48°30'00" W, A DISTANCE OF 320.00 FEET TO A POINT FOR CORNER; N 43030'00" W. A DISTANCE OF 2394.51 FEET TO A POINT FOR CORNER; N 27°39'15" E. A DISTANCE OF 1017.87 FEET TO A POINT FOR CORNER; S 89001'54" E, A OIS3".'OE OF 285.40 FEET TO A POINT FOR CORNER; N 27'39'15" E. A DISTANCE OF 1359.85 FEET TO A POINT IN THE NORTH LINE OF SAID PARCEL NO. 1; THENCE S 89°01'54" E, ALONG SAID NORTH LINE, A DISTANCE OF 1804.37 FEET TO THE NORTHEAST CORNER OF SAID PARCEL NO. 1, BEING IN THE APPROXIMATE • CENTERLINE OF SAID BONNIE BRAE ROAD; THENCE S 00°07'20" W, ALONG THE EAST LINE OF SAID PARCEL NO. 1 AND THE APPROXIMATE CENTERLINE OF SAID BONNIE BRAE ROAD, A DISTANCE OF 4520.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 203.471 ACRES OF LAND, MORE OR LESS THIS DESCRIPTION IS NOT THE RESULT OF AN ACTUAL „ON THE GROUND' BOUNDARY SURVEY BY CARTER AND BURGESS AND IS NOT INTENDED FOR USE AS DEFINEO UNDER SECTION 2 OF THE PROFESSIONAL • LAND SURVEYING PRACTISES ACT, ARTICLE 6202C V.TC,3 , a SHEET 1 OF 2 I,\SLP967li10i'AILA~ I UEMRLFN9 38, i;;" 25 32x El O 1 EXUBIT D JQ16, N P, BROWN !A PRrtCHE7T SURVEY D RA.C• ,,TA7EETRUSi ON CLFRK DOE. l 039779 ASSTRACT NO 100{ CLERICS OOC ~ (053100 ♦ . D.R..C. , I [1'0151 E 1604.3~7 1d,' V ,A, qsl '~Illt [my TO MU"K .122. PACE 5-2 D.RD 0.T. W 1 R=600' y 1w ~o yp F o'D PARCEL NO. 1 S 1q'0I'5+' E SOVTH DDaM IIOC+Ie,NruRE , 7iS•40 0 R.O.CT. I 2011771 Ae. 5do S}cpp. ` «'"eft.................................... 0-0.64 \ 320.00 20' [!wT ro D[ripl COA COYLA. It ` .0.urt D1 ah'P.A all - HILLWOOD/4000THCHIN, ILM \ \ vOwUE 1+70, PACE 171 R I' SOUTHWESTPDENTONNJOINT VENTURE , QCRI'S DOE. 09+165 D,R.O. C.. j 1 P.D./. N 44'50'30' IN . S 225.64 P.O.C .K : W KLLW000/LIcCUTHCHIN. LTD. N 0?07'20' [ } + 24 i VOLUME O R Ot TACf 171 710.13 OAM ER/+aM ZONING EXHIBIT Surtu SHEET I[A1L 1*~ TRACT K2 [co~fNa k ow I or ORA1h 4h 1 DtLM7?1701 $A. PRITCHETT SURVEY, A43TRACT NO. 1021, THE fMWre'~Mn Y 1" j'~ j N IM W, JAVES MONSON SURVEY, ASSTRACT NO• +01. AND THE 2 or 2 JAMES L. HARRIS SURVEY. AISTRACT NO. 53S r : otewa P! t KDIIIO CITY Of DENTON. DENTON COJNTY TEXAS r;. 39. 10 32xlo o ' 0 ' I a ' I EXHIBIT E I TRACT 3 BEING A 121.197 ACRE TRACT OF LAND SITUATED IN THE SA.PRITCHETT SURVEY, ABSTRACT NO. 1021, THE JAMES EDMONSON SURVEY, ABSTRACT NO. 401, AND THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 655, IN THE CITY OF DENTON, DENTON , COUNTY, TEXAS, AND BEING A PORTION OF PARCEL NO. 1, DESCRIBED IN DEED TO SOUTHWEST DENTON JOINT VENTURE, RECORDED IN CLERK'S DOCUMENT NO. 094865 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D,R.D.C.T.). SAID 121.197 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1, BEING IN THE APPROXIMATE CENTERLINE OF BONNIE BRAE ROAD; THENCE N 00°07'20" E, ALONG THE EAST LINE OF SAID PARCEL NO. 1 AND THE APPROXIMATE CENTERLINE OF SAID BONNIE BRAE ROAD, A DISTANCE OF 6300.12 FEET TO THE NORTHEAST CORNER OF SAID PARCEL NO. 1; THENCE N "'W'64" W, ALONG THE NORTH LINE OF SAID PARCEL NO. 1, A DISTANCE OF 1804.37 FEET TO THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID PARCEL NO, 1 THE FOLLOWING SIX (6) COURSES AND DISTANCES: S 27°39'15" W, A DISTANCE OF 1359.85 FEET TO A POINT FOR CORNER; N 89°01'64" W, A DISTANCE OF 285.40 FEET TOA POINT FOR CORNER; S 27°39'15" W, A DISTANCE OF 1017.87 FEET TOA POINT FOR CORNER; S 43'3700" E. A DISTANCE OF 2394.51 FEET TO A POINT FOR CORNER; S 46°30'00" W, A DISTANCE OF 251.49 FEET TOA POINT FOR CORNER; N 88°50'30" W. A DISTANCE OF 1130,00 FEET TO A POINT IN THE WEST LINE OF SAID PARCEL N0. 1; THENCE N 00°33'20" E, ALONG SAID WEST LINE, A DISTANCE OF 932.69 FEE r TO AND INTERIOR ELL CORNER OF SAID PARCEL NO. 1; THENCE N 89°08'19" W, ALONG A SOUTH LINE OF SAID PARCEL NO. 1, A DISTANCE OF 1997,71 FEET TO THE WESTERLY MOST SOUTHWEST CORNER OF SAID PARCEL NO. 1, BEING IN THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 1.35•W, AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 529, PAGE 538, D.R.D,C.T,; SHEET 1OF3 1191A19$211401WATM114b%TPJ FNS 40. »AD 32x0G i o 0 i THENCE ALONG THE WEST LINE OF SAID PARCEL NO. 1 AND THE COMMON WEST R.O.W. LINE OF SAID INTERSTATE HIGHWAY 1.35-W THE FOLLOWING NINE (9) COURSES AND DISTAN :ES: I N 27°24'00" E, A DISTANCE OF 67.40 FEET TO A POINT FOR CORNER; N 30°30'19" E, A DISTANCE OF 599.93 FEET TO A POINT FOR CORNER; , I N 77038'05" E. A DISTANCE OF 312.40 FEET TO A POINT FOR CORNER, N 27'48'04" E, A DISTANCE OF 844.48 FEET TO A POINT FOR CORNER; N 17'4(Y05" W, A DISTANCE OF 183,48 FEET TO A POINT FOR CORNER; N 62'19140'W, A DISTANCE OF 138.76 FEET TO A POINT FOR CORNER; j N 27°28'28" E, A DIS'i ANCE OF 425.07 FEET TO A POINT FOR CORNER; ' N 22124'36"E. A DISTANCE OF 100.27 FEET TO A POINT FOR CORNER; N 27439'16"E, A DISTANCE OF 1271.27 FEET TO THE NORTHWEST CORNER OF SAID PARCEL NO. 1; THENCE S 89'01'64" E, ALONG THE NORTH LINE OF SAID PARCEL NO. 1, A DISTANCE OF 1454.98 FEET TO THE POINT OF BEGINNING, AND CONTAINING 121.197 ACRES OF LAND, MJRE OR LESS, THIS DESCRIPTION IS NOT THE RESULT OF AN ACTUAL'ON THE OROUW BOUNDARY SURVEY BY CARTER AND BURGESS AND 19 NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 62820 V.T.C,S. I J~V SHEET 2 OF 7 MLD1912I8400SDATM384MIL) FNS i 41. o- EXHIBIT F pnoloo JQNN F, BROWN °'4p. MARVIN HENDERSON CLERKS DOC. c 0]2221 CX TATE TRUST 0 R.D.O.. St' CLERKS 055000 P.0.8. O.R.D.C.. Arollse It 434M log N e1ro1'51 1801.37 it, ACK (so TO L~ 4 J,f is rain[ tif, ..ct la OIA C.I. 1 6001 'o^Q oh ° N 2 36* q' MOW 3►yJ%N 21e ";8265 01-54- 46 PARCEL NO. I SOUTHWEST VENTURE y*NT CLERK 'S 1)OC. N 4 091065 TRACT 3 121.117 A0. N 6f70d!• 17 J#f~ N 1210'06' 163.4e 4' 1 S Q , 7$ N 312.40 gryR 1~' ..f Wiec+ v1.......... m ' 107,71 HILi.WO0D/M000THCHiN, LTD. ' VOLUME 24FO PAOC 676 S 1t]0, 00~ O.R.D.C.T, _ t2la1. H PARCEL N0. I SOUTHWSVT OENTON JGN1 VENTURE CLERK's DOC C 7.011063 I MILLW000/MCCUTHCHi N, LTD. I ^i "x W VOLUME 7170. PACE 678 y f1ATG 11MM ZONING EXHIBIT l.,ay TRACT 3 ~Af1M6~/i SHEEI aiOF 1M HNl k., IA. PRTCHE fT SURVEY, ABSTRACT NO , 1021, THE 1=41:211 Mcm,. ORAYN OW 1 0!+J4101RR JAMES EOMONSON SURVEY, 'ASTRACT NO, 101, ATA THE ` 0 3 OF ,3 JAMES L. HMR4 >URk A15TRAC1 NO. 513 ti "On en t rTCRO CITY OF DENION NTON C"tY TEXAS /2. b+ / I 1 ~ A o r q~-03 ,'.panda No, AGENDA INFORMATION SHEET gperd No AGENDA DATE: November 3,1998 DEPARTMENT: Planning Departmept DCM: Rick Svehla 349-7715 f~p SUBJECT -Amended Concept Plan, PD-20 (Z-98.044) Hold a public hearing and consider a request to amend a portion of the approved concept plan for a planned development zone district (PD-20). The 136.365 acres of land is located along the southwest side of Interstate 35-E between Lillian Miller and State School Road. A multiple use development is proposed with Light Industrial, G-neral Retail, Office, Multi-Family, Single- Family and Recreation uses. The proposed amendment reduces the land for light industrial, office, single-family and recreational uses and increases the land for general retail and multi- family uses. The Council recently denied approval of a development plan for this property. (The Planning and Zoning Commission recommended approval, 4 - l). 11ACKGROUND a Chronology. The subject property was anncx:d into the City and zoned PD-20 with approved mixed uses in 1974. In May, 1998, a proposed Development Plan for this property that amended the 1974 concept plan was denied by City Council. s Existing Zoning. PD-20 has an approved concept plan (Ordinance 74.34) for 152.5 acres. The concept plan designates light industrial, office, multi-family residential, single-family residential and recreational zoning districts. The request to amend the concept plan is for 136,4 acres, leaving 16.1 acres of light industrial zone district in the northern part of the PD untouched. a Existing UtiMles. the subject property is served by a 14 inch water line along the 1.35E { frontage and along its eastern boundary. It is served by a 24 inch sewer line flowing south through the Unicorn Lake drainage. a Consistency with Existing Zoning. The proposed concept -Ian adds a general retail land use ! category to the PD and changes the acreage of all other proposed land uses by adding 1.5 acres to multi-family uses aad deducting acreage from light industrial, office, single-family and recreation uses. per P and Z staff report. s Consistency with Master Plans. The request to amend the concept plan for the subject property is consistent with the Denton Development Plan (DDP). The DDP classifies the light industrial, office, general retail, and multi-family residential zoning districts of the concept plan as a Mod^rate Activity Center with an intensity standard of 350 trips per acre per day. The single-family residential and recreational zoning districts are within a Low Intensity Area that has an intensity standard of 60 trips per acre per day. The estimated trip gene, ation from the proposed zoning is greater than the 1974 concept plan because of added general retail area, but is 31% less than the DDP intensity standard. The proposed concept Q • plan is generally consistent with the recently adopted Policy Document of The Denton Plan and is consistent with the city's Matter Aoroughjare Plan. s Transportation Improvements. The proprrty has access to Interstate 35E along a south- bound frontage road and proposes an 80 foot righl-of-wt,y for Wind River Lane, a collector street, to provide a connection from Lillian Miller to Interstate 3515 through the Wind River ru:r +"„Mr„r,,,I 11' G1111' 1. e New" U M CRlR.PVN ~ l Subdivision and the proposed property. This right-of-way exceeds the requirements for a collector street as shown on the Master Thoroughfare Pla, Using the trip generation factors from the DDP, an estimated trip generation of approximately 20,400 trips per day is estimated for the subject property. However, if the floor area ratios incorporated as part of the amended concept plan are incorporated into the trip generation estimates, a total of 12,700 trips per day is estimated for the subject property. See attachment 3. • Recreation and Drainage Improvements. The concept plan proposes the reconfiguration of Unicorn Lake for recreation uses as well as detention and retention of storm water. The i applicant has met with city staff to discuss design and wetland construction methods and applications for the lake. See attachment 4. • Light Industrial Restrictions, The amended concept plan establishes a landscaped bufferyard along the western property land between the Light Industrial - Restricted (LI-R) zone disl: ict and property to the west It establishes a 50' setback from the western boundary of the Ll-R zone district for all structures and it establishes a 100' setback from the same boundary for some land uses. Most importand), the !ist of permitted uses within the Ll-R has been significantly reduced. The LI-R zone district as recommended more closely resembles the city's straight commercial or general retail zone districts. See attachment 5. • Impact on Schools. The amended concept plan reduces the single-family residential (SF-10) acreage by 0.8 acres from the existing concept plan and increases by 1.5 acres the amount of multi-family residential (22 units per acre) zone district. Data from the spring of 1998 provided by the school district indicates student per housing unit multipliers that could be expected for single- and multi-family development in the area. See attachment 6. It can be expected that 29 acres of SF-10 zoning may result in 90 housing units, yielding approximately 55 to 60 DISD students. 30.5 acres of multi-family coning at 22 units per acre may result in 670 housing units, yielding 25 to 30 DISD students. 9PBONSs • Deny. The existing concept plan for PD-20 allowing development of according to the established zoning districts will stay in effect if the request to amend the concept plan of the subject property is denied. The next step toward development would be approval by City Council of detailed plans consistent with the requirements of the concept plan. If denied, t6c Light lnd•.strial zone district will have no restrictions, no landscaped'ouffer yards as part of the zoning, and the setbacks for all structures would be 10 feet from adjacent residential zone districts. The platted right-of-way would meet minimum city standards of 60 feet, rather than 80 as designated in the amended zoning. There would be no inecntive for the developer to make improvements to Unicorn Lake and park land dedication that exceed the minimum requirements of the city'L, :ode of Ordinances. • Approve. If approved, the next step toward development would be approval by City Council ' of detailed plans consistent with the requirements of the amended concept plan. Following detailed plan approval, the next step toward dcvclopm,..nl would be the approval by the Planning and Zoning Commission of plats of individual s ibdivisions, consistent with the City's zoning and subdivision ordinances, Privately constructed public improvements required to support the development are determined at the platting stage. Improvements are required prior to the issuance of building permits. 0 0 • Approve with Condition, The Council may approve the amended concept plan as i recommended by the Planning and Zoning Commission or add conditions as warranted. • Continue to a Date Certain with a Request for Additional Information, The Council may continue the public hearing and/or consideration to a future date that is determined at the meeting and request additional information for consideration 2. raw 32X10 Opp . 0 6 map" RECOMMENDA'ION: Staff recommends approval with the conditions as recommended by the Planning and Zoning Commission. The request to rezone is consistent with the Denton Development Plan. Development according to the amended concept plan, compared to the existing concept plan, would result in restricted light industrial land uses, enhanced setback requirements, enhanced landscaped buffer yards, enhanced tax base, enhanced recreational facilities, enhanced drainage j facilities, and enhanced right-of-way for the extension of Wind River Lane. PRIQR ACTION 1 REVIEW (Council. Boards. Commissions) The Planning and Zoning Commission recommended approval (4 - l) of the amended concept plan for PD-20 at its meeting on October 14, 1998. FISCAL INFORMATION r New development will contribute more to property tax revenue than the currently vacant land. ; The amended concept plan has more commercial land use than the 1974 concept plan. The amended concept plan has general retail land that adds to tax base and collects sales tax, whereas the 1974 plan has no retail zoning. Development will also require kcal government services. Public improvements by the developer will be required to further impw 'e this property. ATTACHA]ENTS 11 Planning and Zoning Commission Staff Report, Z-98-044, 2. Planning and Zoning Commission Minutes, October 14, 1998. 3. Traffic Impact Analysis. 4. Site Plan of Unicorn Lake, 5. Light Industrial - Restricted Uses. 6. Student per housing unit multipliers, 7. Drall ordinance. f r Re< tfully su { i)ted: /I 1 1 ✓ ~J4 ' 4 e David Hill t Director of Planning and Development Prepared by: K Mark Donaldson Assistant Director, Planning and Development rrr 3. - ~7s 10 k o , o - r Val" ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subleet: Amendment of r oncept Plan Case Number: Z-98-044 PD-20 5taff: Mark Donaldson Agenda Date: October 14, 1998 ; Hold a public hearing and consider making a recommendation to the City COUncil regarding a request to amend the concept plait for PD-20. The amendment would allow a multiple-use development. 1 r SITE •35E ' LOCATION MAP • CONCEPT PLAN KL20 dx 0 0 I I Fb Shelton Enterprises 3505 Teasley Lane Denton, TX 76205 Owner: Denton Security Investments 706 Azalea Drive Lewisville, TX 75067 Location: The subject property Is located along the frontage road southwest of 1.35E between Lillian Miller Parkway and State School Road. Size: 136.365 acres. PROCESS .F 5 F di.: ;..a nnn- ,•:k ➢naRr w i hi'Iy wA This request Is to amend a portion of an approved concept plan for a planned development (PD- 20) zone district. PD-20 Is comprised of 152.5 acres, southwest of interstate 35W, between Lillian Miller Parkway and State School Road. The request is to amend only 136.4 acres of the planned development. The balance of the planned development, 16.1 acres, has light industrial zoning classification. The zoning ordinance appro, ing the current concept plan and creating this planned development was approved by City Council in July, 1974, Ordinance 7434. If the current request to amend the concept plan Is denied, the previously approved concept plan will prevail. A concept plan is one of three types of plans allowed to establish a planned development zone district: concept plan, development plan or detailed plan. A detailed plan is required prior to any development within a planned development zone district. A recently approved development plan allows Planning and Zoning Commission approval of subsequent detailed plans; otherwise, i detailed plans must be approved by City Council I A planned development with an approved concept plan must also obtain detailed plan approval prior to any development activity. In addition, the property mast be platted prior to any development activity. It is during the platting process that the size and location of any required development-related public improvements are determined, including, but not limited to such Items as right-of-way dedications, street Improvements, sidewalks, water and sewer line extenslons, and public utility easements. In addition, as a result of platting, some development may be required to 0 • p-ovid3 off-site improvements in order to accommodate the proposed development. 'ert~rti 5. b~ "Y' k AS= ? f•I[.~ 32X[ G(SM'it Ei NS VE'P.L'ANA AIrYSIS, ~x ' 7 The following table compares the proposed Development Plan to the approved Concept Plan, adjusting for the piece of PD-20 that is not Included: 1974 and 1998 Land Uses Compared Land Use 1974 acres 1998 acres Change Change (Acres) Trip Generation 1 ht Industrial 31.4 27.3 - 4.1 acres 431 Retail 0.0 13.1 +13.11 acres +8,622 OYce 4.0 3.0 • 1.0 acres 350 Multi-Family 29.0 30.5 + 1.5 acres + 300 Single-Family 300 29,2 - 0.6 acres 24 Recreation 42,0 33.3 8.7 acres 261 136,4 138.4 + 7 758 The proposed amendment results In an estimated potential Increase In vehicle trips per day associated with the property of 7,758, compared to the existing concept plan. This is a result of the addition of general retail land uses to the concept plan. Retail land uses generate significantly more traffic than any other land use. The northern portion of PD-20 is within a Moderate Activity Center, The uses proposed in this area Include the Light Industrial, Retail, Office and the Multi-Family districts. In the Denton Development Plan, the intensity standard for a moderate activity area Is 350 trips/day/acre. Collectively, these proposed land uses are estimated to generate 251 tripsldaylacre, 28% fewer trips per day than the Intensity standard for a Moderate Activity Area. J Trip Generation within the Moderate Activt r Area Land Use Tri slacre' Acres Trips Llghl industrial 105 27.3 -2,867 Retail _ 650 13.1 8.615 Office 350 3.0 1,050 Multi-Family 200 30,5 8100 TOTAL 73.9 18,532 AVERAGE 2511scre • From the Denton Development Plan The southern portion of PO-20 Is within a Low Intensity Area. The uses proposed in this area t Include the Single-Family and Recreation areas. In the Denton Development Plan, the Intensity standard for a low intensity area Is 60 tripsldaylacre, The proposed land uses are projected to 0 generate 30 tripsldaylacre, half the rate of the Intensity standard for a Low IntensJtyAma. 6. 32X 0 0 Trip Generation within the Low Intensity Area 1 Land Use Tri slacre' A'Pes Trips Single-Family SF-10 30 878 Recreation 30 3.1 1,000 , TOTAL 62.5 118-76- ,AVERAGE 30/acre From the Denton Development Plan Mintmum Required Information. Required Information Development Plan Relation to Master Plan Provided Acreage _ Provided _Survey Provided Proposed Land Uses Provided Proposed Arterial Streets Provided. Proposed Collector Street, with 80' right-of way. Develo ment Standards Provided Exiating Conditions Provided Permitted Usas Provided Boundaries Provided SPECIAL INFORMATION 1. Transportation A, Trip generation , It is estimated that PD-20, developed according to maximum allowed densities and Intensities, could generate an estimated 20,408 trips per day. Summary Estimated Trip Generation PD-20 Gahd U66,-- . " % Tri A Light Industrial__ 105 _ 27.3 2,867. • Retail 650 13.1 8 615 Office 350 3.0 1,050 Multi-Femil 200 30.6 810-0 Single_Famil SF-10 30 29.2 876 Recreation 30 33.3 1000 , OTAL PROPOSED i 136.4 20 408 The estimated trip generation of 20,366 trips por day Is 31% less than the Intensity standard allowed by the 1988 Denton Development Plan at 350 tripsldayfacre within the Moderate intensity Center and 601trips1daylacre within the Low Intensity Area. 7. y 1 r ~y, ICS 32XID f r 0 Allowed Trip Generation from the 1988 DDP i PD-20 , Moderate Activi 350 739 2-6,68-5 Low Intensity 60 635 3,810 Offer, 136.4 29,495 B. Access The subject property will access the City's throroughfare system via Wind River Lane to the 1-36E frontage road and through its intersection at State School Road or to Lilian Miller Parkway and Teasley Lane. Wind River Lane through the property has a proposed right-of-way width of 80 feet C. Level of Service Any proposed development will be required to contribute Its fair share to public Improvements, Including any necessary Improvements to major Intersections required to maintain the current level of service. A devalopment can not be required t s Improve the existing level of service at an intersection. It is possible that the extension of Wind River Lane from Teasley Lanel! Illian Miller Parkway to the 135E frontage road may improve the level of service at the Intersection of I.35E and Lillian Miller Parkway. It will provide traffic on Teasley and Lillian Miller an opportunity to avoid the 1-35E intersection for certain traffic movements, and provide users of the shopping center an optional way to leave the shopping center without using Lillian Miller Parkway. D. Pedestrian linkages A major feature of any development within PD-20 will be the Improvements to Unicorn I On and a pedestrian link through Sundown Ranch and Wind River Estates along the system of lakes to Lillian Miller Parkway, 2. Utilities * A. Water There Is an existing 14" water line along the 145E frontage road and along the eastern boundary of the subject property. i B. Wastewater k There is an existing 24" sewer line flowing south through the Unicorn Lake drainage. C. Electric 4 Electric service Is avallabie to the subject propoerty. 1 S. i I - - 2h K Q 32 x ❑ s ' o 3. Drainage and Topography A major feature of this property Is Unicorn Lake. Proposed improvements to Unioom, Lake, according to a plan approved by the City's Engineering and Recreation departments. will provide regional detention and retention facilities, recreation opportunities and remove a significant area of land on the north side of the lake from the flood plain. 4. Signs No signs are included in the Concept Plan. If proposed, signs must be addressed in any detailed plans that follow. 5. Off Street Parking No off-street parking specifications are Included In the Concept F Pan. If different than standard off-street parking requirements, parking must be addressed In any detailed plans that follow. 6. Landscaping Landscaped buffer yards adjacent to surrounding single-family development are Included In the concept plan, Landscaping of Individual sites must be addressed in any detailed plans that follow. 7. Lighting No lighting specifications are Included In the Concept Plan. A note on the plan commits development to contain lighting on site. Lighting must be addressed in any detailed plans that follow. S. Chronology July, 4974. Property was annexed Into the city and zoned as Planned Development District Twenty (PD-20) with ordinance 74.34. The property consisted of 152.5 acres and proposed the following land uses: _ I Land Use Acres 1 LI ht Industrial_ 47.5 Office _ 4.0 0 Multi-Family 29.0 i Recreation 42.0 Sln le-Famil 10 30.0 TOTAL _ 152.8 June, 1998. It was determined by the Director of Planning and Development that I 0 Ordinance 74.34 and its attachments qualify as a Concept Plan for PD-20. 0 • May, 1998. A request to amend the concept plan and approve a development plan wai denied by City Council by a 4 - 3 vote. 1 i i 9. MIN 32xIQ O ' wx~rs~e ti' S r PUBLIC N VAN r Notice of the zoning request was published In the Denton Record-Chronicle on October 4, - 1998. Twenty-eight (28) property owners were notified of the request on October 2, 1998. As of this writing, there have been no responses. Staff rinds that the request for rezoning the subject property Is: 1. Consistent with the 1988 Denton Development Plan; 2. Generally consistent with the 1998 Denton Plan Policies; and 3. Compatible with adjacent zoned land within the City. Staff recommends approval of Z-98-044. aXA i~iM~~ydjap ~y" ~y~ RR ~F.° r ti"_'4 7. ~.i \ r CTM 1 MOTION I move to recommend approval of Z-98-044. 1. Recommend approval as submitted. I 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item, ENCLOSURES ' ~•ir' ~a~~ r,, a bri ~,rHk~~,r,'r" a i^ 1. Vicinity Map. • 2, Zoning Map. 3. 1914 Site Plan, 4. 1998 Proposed Site Plan. 5, Denton Plan Matrix. 1 Ia. 2s ~ ~ 32X ❑ NOUN= O ENCLOSURE 1 Z•98.04. 4 NORTH Jostens SITE Denton State I School VICINTY MAP , Surrounding Land Use and Zoning: . LOCATION N rLlW0_ LAND U North A, LI(c)19, C(c)7 Undwq opod southwetl of 1•35E snd unawODP" rarthent of l 36E South: A Denton Slate School East: Ll. SF-7, A tbM Industry, $JngWFsnly m1doreft Md the Denton M Sch" j p West; 5F-16, SF•7, 5f•10 Single Family Subdivisions p p 11, l' 32X e .alm o , i laww"M ENCLOSURE 2 (Unicorn Lake PD-20 Amendment) NORTH r WJP?08 (c C I A l 13 i, SF-10(c) A SF-7(c) 1 46 -46 ~r p r PD ------5`F•10 20 ` F ,D 1A~rrrrrr_rrr SF-7 PD • 'I 12 PD _ 162 / to r- ` ~ r Surrounding Zoning Map 12. Scale: None ' 25 32 x 10 r f ,r r ENCLOSURE 3 - 1974 Concept Plan , , 1 a.r AV 97 fI I ~:Y.4Iu I//III/'• , I J 1 ' Y• / Y, l All/i ii k117MA[ , . MUL A AMi[ Y , Ze.u u~ITe~AC i Y ,d c~1rAVAa r0.fn:/r/7MY Mrof ii Ar NlAefff "Old 00 aF.f•b " i • I I i I I I er° ! [nar i.wcunav rs •j ii• • ! M n c,w nlea n s AMI Aow,~ OrIR • ^w ~ irirr rY+Na ~~wr~rv ~ ; j 130 ' 26 32XIO o .••wlyy.uNlwM WY uY•~..N VYllwri Y ww`I IO.t(.,Ltl(1'n v~ w r L.r+w•w~r a•r.►r.rr.w•r www ~'u 1 M, rM hrMVir i .r Mb H ti wMI•Tr ft t L/'I,rIw.~M? Yrw 1 ~r.hrw.~rf • r .S a t *4114, rill 411 i _ _ i4tl hh y LNtR i 1 .Z f~rd^n i f1 J~J •vMf 1. M wPMt i u I' lt I'llt 11,1 Mw■ 4 tIe O'.._.....~".' y... n .~I1 i vt1uM'II i'01 a Mtl1.1 TirrMlLll11 rml M 411'1,11 1 • 4 ,r, r I t.I1„my r S•/w.1.~0i,1f~J.IIIII ~I.11 fekwL n L1N 1~r1~' /•1, ~•1 i ~.1 ML IAf 4 F Ilr [5 / It LI 11 I, MNI IL4 / Ywrt• Ufa 1~4iI Y.• 1.1q• It f "I, etw 41 , r lw 1 w r'r I.j...f 1 1r Sr', Mril ltlf•tN ( HrtN 011 M, r1 1 4 ' i 16t utl ,y iNN ttU N ra.rr riles LAM . hit YI 1 III W. WNW. 1 lT- II 1 19•:Y1 w' ~_u•r.r .ur i t1.1~ ~r W Ll •,111 X lM A ' 1 LahC~ - .'r~1 i\~ tul'~•ifMKb`il"Ia~N ' lir .y1r ~r 1• r tl } UNIGQiIN LAK[ TRACT .h Y1 .w F w. _ 11 • 1 y • •1 IfTi1.T51 iM.f11 Cllt K~ecs I • 1 { Ltl114frR•rt •r:1T q}iv l ;.uv l,3C9' li 3:r ~M1Mr4y►SNl L'TJ MrYJ?2'w■..r r..~u. u•I . {V~t7' 1 V1r.. ~ V •wTl~.1 Y7'iLSI:!OSY►'f: rt.I L. 1._..r..•w-...~•IY.""..: w: .JI Y,L~.•... . WNt11a04o K Y~Mr ~r.I1,r,Lr 1lr....+I. r.1 ^ I" S11f1 SC"Ork L..... I.rLr r W.1 L ~r.fy~• r. 1.ryr~jd cxrraa o Q ENCLOSURE 5 aa~ 1998 Denton Plan Policies Analysis The 1998 Denton Pla-r i is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city, Staff finds the proposed development to be consistent with the policies of the 1998 DP, The table below provides a summary of the 1998 Denton Plan Policies applicable to this project. Denton Plan Policy Analysis Summary Development Rating vs, Pollcy Not CATAGORY POLICY inconsistent Applkable consistent Transportation. Compliments Denton's LL. , Range Thoroughfare Plan. x Promotes Access Management Practices x opUmiaes operations For emergency servke proilders and y other public service providers. x Promotes public transio"bon system. x Contributes to the Denton Trails network. x Stormwater Drainage. Protects 100-year Aoodplain areas in accordarKe wth Denton 's watershed management plans, x Ccnrorms to local subdivision regulations. x Contritutes to regional detention radlitles. x Provides for natural Hparlin envlraiment alorrg Roodpiam. x Upgrades existing substandard drainage systems as Inflll , and redevelopment occur, x Water and Develops and maintains property and private x w Wastewater. Infrastructure. Creates opportu_n_ r overslring water and wastewater "c Imes to meet future developnunt demands _ x Pruvides review or proposed water and wa iewater ` Infrastructure to ensure public safety and health. x Dromotes infi 1 improvements over new line extensions. x Electric. Provides underground electric service for new residential ; 1,, and ronresidental development x Solid Waste, Promotes eficient acres$ to all development for solid x waste service delivery. i ~ Parks and ltecresVon. Locates parks and recreation facilities m aaordance with the Parks and Recreation Strategic Plan. x Enhances parks and recreation opporluniues for t residents, x Preserves floodplaln roe parks and open space to aid in r floodplaln conservadon_off". x Allows combning of parks with other public Whites to achleve cost effective detNery of public sei x Residential development stooid dedicate land or fees In Neu of land for nelghtamood parks. x InAranmenlal Quail Ity. Promotes preservation of natural resources ~s x Integrates environmental protecbon with econxnld growth and community deveWrinent_ J _ x Lail 15. Y 1 1. 1 _ ....-wrM .m«o aw..:w.a.wi-....~4 . w '1 1998 Denton Plan Policies Analysis (continued) 5 , Denton Plan t Policy Analysis Summ iry Development Ratlnq vs. Polley j Nd CATAGORY POLICY kwWsteft AMnCWf Caelatre x Ne4hborl v. mho a Kcm IM Ale W oommunTj hdlltle for erxa oM a Mdum of 4nd um tMt benefit reldenb. x Protects and pnaavve eddlrq nelp W troods x Prp wyde and pedestrian traffk wlttan and x DetwW mdg* rhooda to Mducs VONW W kips taauasrep havde a nnpe of WVq No that appeal to dMerinp x econgmk and Indlddual V"tsse. Oftj a VW%ty of 91WWnlllr M arts, bulking aiee, r and Prke range x he ava existing hwft Indudlnp afford" tqualnq. x brrease r ea rasing wntructlon. x Uco"mk C&&%Lte to a troop Ind dlmWW loaf awfxony by ofvwadk~. Inv"** arriplDrtrt and a,rpandlnp the tax base, x aevarnnsMK Enwurape ktaryov mmerdaf wondnatlon to WvA& w!<iflectlm pudk serv!:e, x Urban peaty n. Ad&um wrtwnwky appearance In A wmpnhendm marwbr, x Dlvwoft wdatedval appearance of built &MrwAw t x NeV borhood Ir/III decal Mwt sfwuld be wmpatlbk x "Rh ex"mg land use and lwA4mp. x ~I hotaas and prewm Dw toda architectural, CA 041 and NOW" roource, Enhance the apperana along MW entranceways x { PromUe tlN pne Ojw of tree and w dsapl x Publk emofwment k&Ade an opportuNN fa public opIrkm 4J4 tM x 1 aannlrp proles. ,I r 1 q er , { ` ip '`n~Sak;` r5 K 32x lam Y mama" x . wi•'1: wPti:..c rdm .,:.o6 swu,fr!M+~rdlFAmziaAlwrA w*rrf +l;H<s v:. ♦n ro+. r a.u....,..; ' ;r ATTACHMENT 2 Minutes from the ' r Planning and Zoning Commission Meeting of October 14, 1998 ti.. are not complete. r The remainder will be provided as soon as possible. 4 . f , R 25 K 10 32XIO e I I~ I I Linda Holley • PSZ101498MINUTES doe _ - Pege 8 Planning and Zoning Commission Minutes October 14, 1998 s Pape 8 of 19 T DRAFT. Ms Gourds. But we will be Informed I mean, because sometimes 11s like we mIssed a step when h comes back to us in the platting process, because A's pretty much a Consent Agenda nom most times. Mr. Bucek: Right, And that's the problem with the plats. Occasionally though, d the developer, feels like staffs reading the Subdvision Rules and Regulations incorrectly and that we're being too resinctive or too many requirements, they have the right to present the plat the way they won(lo present h, and you have the right to, even though staff makes the recommendation for dental, you orweys hove the right to oyprrula staff ?n that. What usually occurs-the reason why you're not seeing d--ie most of the time, because the engineering standards, the drainage standards, and ail (hose things are so slralghtforward in the subdivision rules and regulations, that ail developers comply. So, when they come up, there's nothing In dispute, and that's why you're not seeing A. The real nature of the two-toning, there Is a let of Jurisdictloi or a lot of authority In the Coy Council when you're looking st coning Thai's considered a discretionary or governmenlat function. When you're looking at platting, A's minlsterlel, and that means you just hays to follow the guidelines-do the streets meet the master plan? Are the ordinances complied with? If they are, you have a very difficult time voting against them because, you know, the Ill law b pretty clear on that Thai's why Ws to straightforward, and that's why you don't hear about h, but for certain, H what Dave Is sryinq toby-d staff says there needs to be a left-hand and right-turn lanes and they don't ogres to doh, you'll know that when k comes vp. Well be lolling you Ms Gourdie, Okay II Oil be a separate Mom on the Consent Agenda or be not Mr. Bueek Right. It won't be on the Consent Agenda Its be on the regular agenda If they glvs the left-turn lone and the right-turn lane, It's be on the Consent Agenda and unless you read the report, you won't, or sea It on the plal, you won't reallxa what occurred. Ms Gourd,e, Okay Thank you Commissioner Engelbrecht Any other questions for staff? In that case, any comments or o motion? Mr Rrshel I move to recorrvneml the approval of Z-W046 Ms. Gamer Second + f, Commissioner Eng6lbiechl. It's been moved end seconded to recommend oppr mel Any discussion on the motion? r Ms GourV'r I would Nsi like to see this developer to please put In those turn lanes It's very important, I know YOU e speak fight now, but h's just a request that the opportunity put forth and made possible It's very nece ry birnses C missbner Engelbrecht I understand. Any other discussion? In that case, ail in favor, please raise your right hand Motion carriesunsnimousry (5-0) y 6. Mold a public hearing end consider making a recommendation to City Council rsgerding a request to amend a portion of the approved concept plan for a planned development tone district (1110-241). The 136.365 acres of fend Is located along the southwest side of Intentsta SIZE between Lillian Miller and S Wel• School Road. A multiple-use development Is proposed with Light Industrial, bsneral Retail, Office, Multi-Femlly. Single-Famlly and Recrsellon uses, The proposed amendment reduces the land for light Industrial, offlcu, single-family and recreational uses and Increases the land for general retail and multi•famlly uses, 141.5!-044, pill Marl Donaldson) Commissioner Engelbrecht. Item a this evening then, Is to bold a public hearing and consller making a recommendation to the City Council regarding a request to amend a portion of the approved concept plan for a 0 planned development dlstrlct 20 The 196 365 acres of land is located along the southwest side of Interstate 3SE between Lillian Miller and State School Road A muhiple-use development A proposed with Light Industrial, O General pa!ril Ofli Muni -Family, Single Foimity and Recreation uses The proposW omendmenl reduces the land for light Irelostrlel, office, singledamlly and recreational uses and Increases the land use for general relall and mudbfemlly uses Mr. Donaldson wilt make the stolf report At this time, I'll open the public hearing Mr, Mirk Donaldson prowled the staff report. 16. 3 El 0 0 Linda Holley • PU101498MINUTES doc Pape Planning and Zoning Commission Minutes October 14, 1991 Pape 7 of 19 Mr, Donaldson. Thank you. Mc Chair This use may lock familiar to you In April, you saw R as a development plan for PO-20 looking more or less as A appears today, That request was denied by City Council in May with comments relating primarily to the right-ol-way width that was shnwn on the proposed extension of Wind River Lane and with some discussion about the uses within the light Industrial zone district thi shown. This is a request to amend the concept plan that was approved In 1974, which had within the planned development district light Industrial uses, office uses, mufti-family, single-family, and a greenbeAlrecreeton area The concept plan has slowly evolved, although A generally holds true to the zone districts that were presented back in 1974, keeping h mind that at that firma, Sculhridge was In the beginning stages of development; Lillian Miller Parkway did not exist. The Denton State School was there, but basically the area was surrounded by agricultural area. Tike development plan that was submitted ea,uer this year, again, hod light industrial uses, singte• and mufti-family, the recreation area, an expanded cKce area, and an added general retail area Wih the extension of Wind River Lane, which goes to the west and ties into the intersection of LMian Miller and Teasley and will conned to the frontage road at Interstate 35E through this pfannad development-again-this Is how the concept plan Is looking now. Generally, 4 the southern three zone districts-the siri family, the parkland and the muRbfamlly-have remained fairly constant. They've changed their configuration s little DR but still are approximately 30 acres each The changes have occurred up in the northern part of this planned development with light Industrial here adjacent to the balance of PD-20, which Is zoned light Industrial to the north. And there's actually another parcel of light Industrial land north of PO-2Q an? there's light industrial land where the present Josten i facility Is located to the east, They've reconfigured the general Wait land along the Wind River Lane rphl-of-way in two dMerent pods rarhor than a single pod. Cotledivey, A's about 13 acres, and then the 3 acres of office land N returned to its original locsl;on that was shown in the 1974 plan adjacent to Joateri and adjacent to the frontage road of 35E This concept plan diners from the previous one In that they've divided the LI land Into two drRerent dlnrkts--one being ailed tight Industrial- restricted, the other being just light industrial, On your plan, they have listed the prohibited uses-I'll show you more detail on that a little later, They've also demonstrated on this concept plan a 20-foot landscape buffer yard with s specified number of trees by type, a fence on the concept plan, a 20-foot buffer yard on the west side adjacent to the single-family land, and a 15-fool landscape buffer yard on the east yard adjaanl 10 the existing single-family residential area here. In addition, they've added a 50-foot building setback line along this western bounday within the light Industrial-restricted cone district , As I said, they've prohibled a number of uses within the light Industrial areas. Doth within the restricted and the straight light industrial. i guess one Is just more restrictive than the other. I've placed on X In-odjacenl to each of the was that hove been prohibited. It's perhaps more effective to go through the list of all those uses that are mowed In tgkl Industrial and tell you about the ones that remain. The remaining permitted uses within the light Industrial. rest ricted classtation Include one-family dwelling restricted, dormitory, bosrdinglrcomng house, holeVmolel, art gallery, museum, church. corki or private school, day amp, day nursery , hospital, Inslitutinne or religious or philanthropic nature, library, monaslary, convent, nursing home, parks, and ot,.er schools, private community centers, electric substation, temporary office, field or construction offices, fire station, private utility shop or storage yard, public government buildings, private swimming pool, telephone business office, switching stalien for telephone Indoor commercial amusement uses, private country club with golf course, public golf course, public play field or stadium, roller or Ice skating rink, swim or leri clubs. Hang in there-a whole list of generay retail-orented uses ranging from antique shops to letter shop, mortuary and offcee, restaurant, retail stores, animal clinic without outside runs ov pens, you an still term or ranch (here, a nursery, building material soles, feed store, plumbing shop, scientific or research laborai )rles, fraternities, sororities, lodge or civic club. I think you an see thM most of the typical kghl Industrist uses hove been Xed out of r S this zone district, and they In effect, have created a (Ind of a cluasl-commercialfretall zone district by the uses Iha1 they have voluntarily prohibited Again, the list of prohibited uses in shot just straight LI designation Is Mora or less the some In loci, on a couple of occasions, A's more restrictive, and In some of the other ones As less restrictive but, again, what we think of as tight Industrial, obnoxlous uses, have prWarity been Xed out of here, Again, Nsl to review As relationship to the 195a Denton Development Plan, the northern pad of this planned development, above my hand here, is in what we arl a moderate activity canter. This Is where the heavy trip gonaffil are-the mugi- fomlly, the general Well. office, and light Industrial the southern portion comprised of the park and single-family is In whet we all a ow intensify area The proposed uses ere considerably less than the Intensity standards that e have been established in the plan and are In compliance *Ill. IM Ostrom Development Pion, I think on balance just C • as we sew last time, the extension of Wind River Lane is a significant addAOn to our thoroughfare master plan, and the Improvements to Unicorn Lake will be a Significant addition to our master drainage plan, creating o regional N detention and retention facility that wan serve this entire area as for as flood proledon is concerned With that, I'll close Are lhere any questions of me? I 19. 32 x A ' U n Linda Holley Pd.2101498Mllsll doc V Page 8 li Planning and Zoning Commission Minutes October 14, 1998 Page a of 19 Commissioner Engelbrecht, Ms Gourdie Ms. Gourdie. Thank you. I'm looking at this here, and I'm just trying lo-okay, it says LI-restricled of usos, everything except for the following. It lists the following. Is that saying that 1.1•restrkled is that corner, this tide-right? Mr. Donaldson Right. It's ap,noximatey 11 acres, 374 acres above Wind River Lane and adjscenl to the western boundary and then 1.33 saes south of Wind River Lane adjacent to the western boundary . Ms Gourdie, And that's the side that borders the Will River homes? Mr, Donaldson Consul Ms. Gourdie Okay And they can have restaurants In that area-Is that correct? Because I don't see, that,.. Mr. Donaldson Yes Ms Gourdie. Okay. So, [hen we go Into Ilghl industrial, which Is that one spot there Mr. Donaldson: Right. Ms. Gourdie And they cannot have restaurants In that area. Mr. Donaldson: Yes Ms Gourdie Okay. I find this quite fascinating Mr, Donaldson. I do, too Ms Gourdie, I also have another curious question-IS that-when they were hers before us, I was under the impression that we were bargained out a deal of a 100-fod setback, What happened to that? Do you recall It was a 100-foot setback? Mr. Donaldson Toat was a setback of uses rather than of bulidlr,gs. Ms Gourdie, All r'phi We war, under the Impression that m was the building setback, Mr. Donaldson No They agreed to keep a list of uses more then 100 feet sway from that property hare. Now, we've created a building setback tine In addition to 14 list of uses Well arm prohibited within the entire restricted area Ms Gourdie Okay, My next question Is-you were very kind to small my Questions that I had written you. I'm Just curious as to why Wind River has to go that direction. You sold something about Ryan Road not baing a feasible option because of buying homes up. I'm just curious a to what these homes are and where they're baled that the developer would have to consider taking the'exortimanl cost' as you put it S Mr. Donaldson We hove had discussions with 11hs developer about extending Wind River Lane down through the subdivision and out to a connection W9h Slate School Road out In here, In order to do that and stay out of the 9oodplain area, they would be required to buy up a row of existing Crigledamily houses ok" hew 4 think d was 12 or 13 houses-in order to expand the right-of-way beyond the Will right-of-way 1414% currenty, plmHvd there, We are roguiring All 80-foot right-of way In order to get that, they would hove to buy out a row of houses at wholever the market rate is. For example, $100,000 Mmes-13 would be $1.3 million. We've also had discussions with the developer about creating an underpass song 35E here and connecting to the frontage road on the north 0 side The Croy ie very Interested In studying that feasibility. That would allow northbound Us'fic om 35E to access th'1 Wind River Lane extenslon and avoid the Lillian Miller Intersection It seems like theret a bl of positives that coup be achieved by doing that. We haven't progressed beyond the Just 'let's toik about the !a an We*' stage. TM'/r Ms Gourdie Okay, well, what A the build-out fa Ihis? Do you know? Mr, Oonaldson. Wive got 29 saes of SF-10 land @13 units lo the more That's a little less than 1ID0 single-family i 20. 13 Li 4, *U~TTNlgll 2x ,aaaati 6:60=0 itinda Holley - P8Z101498MINUTES,4ix Page 6 Planning and Zoning Commission Minutes October 14, 1998 Page 9 of 19 homes, The multi-family Ian' has a density allowance of 22 units to the sue times 30 acres; were looking at 660- 670 units. Typically, the floor area ratios In the office and general retait are 3 to. S So, for every acre of Land, you might have a half-scre of actual floor area apace, And within the light Industrial, that's probably, what we would + expect, too--a 30% lot coverage equaled to floor area. Ms, Oourdw And, okay. I thought you were Just going to say D's going to be 10 years. Are we going to do N real qukk, or...? Mr, Donaldson, There hasn't been any discussion. I'm aura N's a function of the market, and I'm sure Ili be constructed In phases We haven't had any Indication as to what phase or what particular project wouki go first at this time, Me Oourdie: All right. Mr, Donaldson. Prior to any development, because this Is a concept plan, we will sea a detaled plan again. So, { before anything an be developed, a detailed plan must be approved, which Is the final step in the zoning ph"* And then the platting has to be approved. Ma. Oourdie Okay, then-so, I'm also curious With these 860 spartmants and these SF. 10 people, how are they emitting and ex8ing this planned development? I'm just cumout Obviously, the SF people have to take a different fl direction than the multl•family because we've got the recreational area and the drainage area, and also there's going to be a bridge Mr, Donaldson Yes There will be a-lNe road will be extended through here to tie Into the single family. Ms. Oourdie, So, they're going 4o take-their way of thinking-I dcnl know. I'm trying to figure this out They're going to head up to Wind River Lane and will head east or wool Is that what the whole deal Is here? Okay; so we are going to be Increasing traffic on either Lillian Miller, Teasley, or the south frontage road. So, Is that not a correct assumption there? Mr. Donaldson. Certainly the traffic splits win generate-some of the traffic from hure will go to Uglier. Miller and to Teasley Conversely, some of the horrific that's currently on Lillian Milner and Teasley will go through this area to 1.33 frontage road Me. Oourdie. And an We right-of-way handle of that with, I mean . Mr. Donaldson Yes Me Oourdie I'm think'^0 not just the homes I'm thinking two re6louranU, a Home Depot, a grocery store, a couple of offices, which, you know, go going to be a hurvAd thousand trips of are I mean, the Aibertson's next to us has just 20,000 vehich trips a day In his little parking lot, So, I mean, we've got acres and more a, and acres c0 commercial land that's going to be developed with minimum of 20,000-car vehicle trips, in realistic terms, going Ito and" of this subdivision on one rood. I find that quite fascinating that N can handle that. Mr. Donatdwn Well, not all that traffic will utilize Wind River Lane, They *N have access directly from the frontage-well, they'll have to come onto Wind PNer and get Into the particular propertlee But not all traffic will utilize Wnd River Lane and through the Wind River subdivisions, A lot of the traffic will, In fact be concentrated and oronled towards the Interstole end the system of frontage roads Me Oourdie So, this Is the only road Is that pretty much the only main road we're going to hays? Is that mred7 For a long time? 4 I , ' Mr. Donaldson. Yoe. • Me Gourd s, Okay, 9 Mr. Donaklwn: This win be-the oonector road is Wend RNer Lana Ms Oourdle, Thank you 2l. ME L'1~ x, 32x10 1 , caw, I r 8 wxssrw O Linda Holley • P821014981likINUTES,doc Page 10~ Planning and Zoning Commission Minutes October 14, 1998 Page 10 of 19 Commissioner Engelbrecht: Other questions for slsMi Mr. Rishel, We have a lot on our agenda, but I have a question. When it came to page 13 of our books that we have, the thing that's inconsistent with the Denton Plan under housing-'offering a variety of single-family lots, building sizes, and price ranges.' Where does that kick In with regard to the sue of the development, Mark, or does f kick in anyway, Mc Donaldson Yes. I'm not sure A's a function of the size of the development The larger the development, certainly, the more opportunity one has to present and produce a variety at products. For example, the Preserve has a number of different lot saes within it Wars dealing only with 3D acres of single family hero, R's zoned SF-10. Within a PD, you have the right to creole your own zoning, to they could have created some smaller lotelsome larger lots. This tends to be Lust like the zoning that's around A, whk.h Is something that banks and devolopers like. Planners often don't. Mr. Risher. So, there's no magic number when 4 comes to an area? Mr. Donaldson No. We haven't established any guidelines with regard to variety, at this point at least, We've created policy which m'pht enable us to do that In the future. Mr. Rii Thank you, Commissioner Engelbrecht, Other questions for staff? Mr. Donaldson, In regard to the traffic Issue Me. Courdie ! raised earlier, the questron I had--and I can't remembar right off, the Intersection at 35 and Loop 268. Do we have III! a U-turn lane northbound? We have a U-turn lane southbound, but I don't believe we have a U-turn lane I northbound Do we k Mr, Donaddson. Ncl at present, Commissioner Engelbrechl. And I know you made some comment about the Was of an overpass at this Intersection, and I haven't seen too many overpasses built in this town In the last 15 years. Whet are the chances of either on overpass at that point or a U-turn lone at Loop 288? Mr. Donaldson I could speak a little bit for tlis underpossloverposs elusion Wore larking underpass at this point The properly owners on the other ids of 35E have expressed positive feelings about that. We are working with TxDOT currently to reverse the entry and exA romps In [his segment of 35E. M underpass In this area would work well with that proposed plan. We have the landowners on both sde@ looking kind of favorabty at 4. The City is kind of, at this p6,1, nodding In agreement. We haven't heard Vol from TxDOT, Mr, Salmon, I might just mention that TxDOT Is looking at funding or trying to fund lhese ramp reversals and redoing the ramp illusion near the old Woltz s Nursery ail at one erne, What the romp revers is would do is A would rsqui v people to exil-A you wanted to exit end turn on Loop 20 or Lillian Miller, you'd have to exit way back by the new hospital-excuse me You wouldn't be exiling night then z A expecting to turn Also, what A would do Is-people who wanted to exit and continue on Dallas Drive would exit offer they crossed over Loop 268 and then dawn onto the service road So, you're going to take people that would, of even people that want to use . Son Jacinto Boulevard-you're going to take people who would normally exit at Loop 268 and Lillian Miller that are going to like Mervyn's or WoAe's Nursery of something tike that, they're going to bypass that Intersection before they exit It's kind of herd to describe this without having a map In front of me, but there are some plans In the nob rno-distant future-i nd when I'm talking not•loo-dislanf maybe In like the 5-to-10-year tlmefrome-that Is going to be a egnificerd Imf act on this whole Intersection area there st Lillian Miller end 1.35 and Loop 288 Arid then of col rse, I think in the coming or tivi CIP, the City Is going to be building a road that will connect the Intersection of Spe *or and ! top 288 with State School Road and Moyhill down over there on the other ado of the hospital So, uie'rt exnecli :j that a lot of traffic [hot you're seeing on Loop 288 right now will bypass that will man area, aspec4lly ! !hey're going to get on 1-35 to go into Lewisville or Dallas. They're going to get on the new road, and O • they're simply going to get on 1-35 at Slate School Road Instead of dealing wAh that most at the man, Commissroner Engelbrecht Okay, to that's right. That's in our CIP already, With Spencer Road . Mr. Salmon To Iii 22. 3 In o [Linda Holey. P8210149BMINUTES.do' Page 11~ Planning and Zoning Commission Minutes October 14, 1998 Page 11 of 19 Commissioner Engelbrncht, to Meyhill Loop Is that four or six tones? Mr Salmon: Four lanes Inlrialty, and, al some point In lime, probably six. Commissioner Engelbrechk Okay, We have.... Mr. Salmon. We have the money for four lanes now. That's going to be bulA Commissioner Engetbrecht, Right. But we do-we're going to get the right-of-way, go ahead and hwa the right-cf- way for six Mr Salmon Right, We're going to make sure that we're able to do six when we need to do it Commissioner Engelbrechl Okay, and since we're right There In that area, then the State Is also planning to now redo the Loop from Spencer Road to 380. Is that correct? Mr Salmon Thal's correct. The Highway Deportment has in their Iona plan Loop 280 all the way up to 380, and they're talking four. or six-lane div'led road, Commissioner Engetbrecht. Okay and then-so, ult malely they're also going to be working an a plan for all the rest of that area-somehow. Mr Salmon Correct Commissioner Engelbrecht Is there any chance that d they-H an underposs wouldn't goat Wind River-that they would look eta U-turn lane northbound under 38 thereat 288 Somelhing to, Mr. Salmon. To be honest with you that may be part of their proposal with that whole romp reversal allusion. I'm trying to recetl, Commissioner Engelbrechk Okay Mr Salmon in my head what the map looks like, and I dust don's retail H that's psrl of A. It may or may not be. Commissioner Engelbrech[: Okay. AN right In-matler of fad, 0 you would al Ionia point at one of our meetings In IN rul,sr+. bring that in for a small report, I think A would help us to have Boma xnowtedge of what the State's looklno at aown the road In lerms of our thinking (of these kinds of issues MI Oanter It seems to ma like they're doing that a lot more new because [hey di J A when they redid Teasley and all right In there They've got the U-turno both ways now So, A would make sense Commissioner Engelbrscht. So, like on the side, $ you could Just brief us In tho future on that. Mr Salmon Atone of your upcoming meetings, I will be glad la bring that Wive got Thal map mounted on a board, and A'd be real easy to bring A here and kind of do o little Ave-minute dart on it Commissioner Engelbrechl, Any other questions for staff? Ms. Oourdie I Q lave one I lorpol to ask. How many-wnh all these units of housing which are going to bring families In, Is there any-bean any talks to this developer to donate b d as a school-for school ll Mr. Donaldson f know Out there's beun some discussion between the oppttants and the school district I don't know whr,her they've Included land In this particular planned development or in edjscanl developments Ms Gour Thal was very good, Politically, 0 ' ti Mr. Donak: on. I don't know, ~I Me Gourdle Well, I guelillm just having a hard ll because we've been esking developers In other pans of town to say, 'Hart You need to look al our school issue,' So for, we've sklrlod around A with Wind River, 23 i r F 32x10 e ' ,era - • o -tit V NO Linda Holley - PU101498MINUTES.doc Page 12~ Planning and Zoning Commission Minutes October 14. 1998 Page 12 of 19 Sundown, managing to say. 'Well, there's no property behind there.' The Unicorn tract may be developed, we were told, Maybe they'll do 4 back there. Well. now, that's the subject. We're back there, are they goi iq to do it And it's just always, you know, maybe they'll do t or maybe it's the next guy's turn. But I think we need to pin them down and say, 'The developer has given us Sundown Ranch: now he's ghring us this,` When does the developer become responsible for all the people he's bringing into cur community and watch for their education and stuff? I think the land's a very important issue that, you know, multi-family increased to about, what-13 acres?-something like that, How many ac-s+ did he increase the multi-family to? Why can't that be put into a school srte? I guess I'm just curious; that's not a possibility that's going to happen here, or y 'all aren't really pushing it. Mr. Donaldson: The 1974 concept plan, which is in effect, has 29 awes of multi-family. The proposal now has 301 acres Ms. Gourdie. And so, that's what? Mr. Donaldson: One and a half acres, Ms. Gourdie. So, la's not a discussion that's on the table Mr Donaldson. Our data Is indicating that, you know, our existing multi-family developments just don't produce many, very many sludenb. It's on the order of.2 students per and hers-.02 students per unit, something like that. Ms Gourdie, Are these dsto based on current Information or information from five years ago when we didn't have tract homes and things like that. Mr Donaldson I knov. the school district old a cei basically within the last three or four months, of an of the major multihmily deveopmenlii In town Ms. Gourds Okay. Thank you. Commissioner Engcbrecht Other questions for staff? Thank you, Mr. Donaldson Is petitioner or pettioner's representili present? If you would, air, give us y-ur amna and business address, Commissioner Engelbrecht: I think you're going t, , no move it up. Yes, he should be able to bring If back, I think. Sometimes this works well and sometimes A doesn't, to well see. They're going to go back end see if we can do some adjustment. Go ahead. Mr Meyer. Mr Chairman, members of the Planning and Zoning Commi,sion, my name Is Brad Meyer with Canter and Burgess, 7950 Elm Brook in Dallas. I'm hale tonight to represent this coning ease for Bob Station. Basically, this is a lot of the some plan that we brought tack Gefore you several months ago (kneudble) and Planning and Zoning Commission. This plan had several (inaudible) or what you'd as (insudlob) bsfore It was brought before you It was brought before Council There were sane concerns (ineudrbte), The cowen of Council ('Inaudible) the concern as to the (Inaudible) the light Industriat and the residential in this area. We (Inevo.: fa.) before, we did have i 100-fuot strip (ineudrbie) In that area (tneudible) all of the roads shown on your tiewoughfafe plan. Shows a b0 foot right-of-way (inaudible) o Con„nk:6mer Engelbrechl If we might just holdup one second Mr. Meyer. The list in front of you is revlsrd If you need to know what Nis we took off that lilt, 1'k p,obabty read •hose off real q dckly A I can-the radio "lot letevili microwave lower, water reservoir, water p~jmplnq station of w.d. amusement commercial outdoor, dente hall ei n'gh) club (these are all in light industrial), stable, private ,Jub, commercial renting or boarding, theatre other tnan drive-In. We have the drive-in theatre an the restricted Iiu: The airport landing held-wr're going to restrict the airport landing field (inaudible) heliport in case there is some kind of industrial use Haul.. -j or storage pori:p any, motor freight terminal, truck parking lot, commercial parVirg lot or structure, cuto laundry, auto painting and body repair in building auto sales and repair In building, gasoline (1 to service station, new auto parts sales store, new of used car sales lot open, seat cover auto Installation shop. "re retreading or csopi g used auto parts sales in building. cafeteria, household appliance service and repair, oM- premise sale of beet a k"r one, on-premise sale of beer andlor wine, pawn shop, restaurant, tool or trailer rental, bakery wholesale, c:.,.:net up`Cbterv shop, clear)^q and dyeing plant commercial, cleaning plant rags or carpet, spa 'at equipment, clothing men0sclurer, contractor shop and storage yard, engine and motor repair, heavy 24. RM qua l r'r r)~ 32, O iZAT" Q lands Holley - PSZti01498M1NU7ESAoc Page 13 Planning and Zoning Commission Minutes October 14, 1998 Page 19 of 19 machinery sales and storage, laundry plant commercial, ice cream plant, paint shop, product store, wholesafa , storage and sale of furniture or appliances outside, transfer storage and bank termindl.: -A miring or storage of mining waste, That last one, wed like to leave on, 0 we do mining operation out a! the ' ke i, i to allow that to be temporary storage In this area because it will be taken off arts. The list of light k%'. restrictive is much morn-in fad, there are six items we'd like to remove from the restricted list to allow--would be amusement commercial outdoor, dance hall of night club, gasoline service station, new auto parts sales store, off-premises sale of beer "low wine, on-premise sale of beer andlor wine. Those are the additions or the deletions to the restricted list that we would like to make, Mr, Risher: Say that again, would you please, Those are the deletions? Mr. Meyer. We would like to remove those from the resti list. So, in another words, we would like for those uses to be allowed. And our thinking, again, on that is that with this light industrial, H we leR on (ineudlble) property Is closer to the highway, is farther away from residential area and Is more your typical light Industrial type of land that could be developed In more Nht Industrial style. Mr. Rishel: I guess I'd like to learn more about the potential mining operations and storage, Mr. Meyer. That would be just a temporary thing. Basically, there's this lake that will be constructed for a retention i facility-tor the regional retention-wig need to be excavated. Theis have been discussions with Acme Brick that, in exchange for material, Acme would do the lake, If that would be the case, we would temporarily want to store that materiel possbly on that land before 4 was taken to the Acme plant. If Acme doesn't go through the process, . which may or may not happen, that would not be an Issue at 81 Mr Risher. And I didn't hear the word'refmirg' or'smetting' In your comments. Mr. Meyer' No. Those uses ere still restricted. With that, I'll answer any questions you may have for Garifiatlon. Ms. Apple. I really got lost on what he wants to have allowed because this list-I guess I would have preferred to have a list of those things ttiat you want to leave in. It wee very confusing while you were reading to have what you gave us, because k wasn't what you were talking about. Mr. Meyer. Yes, ma'am. Ms. Apple Do you have a list of those things? Mr Meyer: Of the entire allowed use list? Ms. Apple , Of the ones you want to leav^ on. Ms. Gamer. (naudibie) Ms. Apple. Yes. It was very confusing. Mr Meyer Yes, k realty Is Obviously, we got confused as well in our offs, Ma Gourdie No: these are the ones that are still restricted. He added these, Ms. Apple, Bat what 1-1 understand that. Thank you But what I want to have you go back over is the things that you want to put tack in Mf. Meyer: Fein enough. Fair enough (lnsudibib) restricted • Commissioner EngelbrechL If l an interrupt just a moment, Its 10 minutes IQ 7:00. This Is obviii a rather dillcult Issue, difficult amount of informstion to absorb here in a couple of minutes. I noticed that Mr CuuiakdWn 13 going back through the lest he had and is re-annotating It appropriately, I wonder 0 we might take a tweak at this time, allow them to remake that list, and M you an do that, 0 you would make copies of M fa us. Me Gourdie, May I make a suggrntion real quick? In our backup, we have the original one that they gave us with all the uses that were I 25. E i 32 X I ' o it nmsswors Linda Holley - PU101496MINUTES.doc - Page 14 Planning and Zoning Commission Minutes October 14, 1998 Pape 14 of 19 Ms. Apple, Elizabeth, I think we realize Ms. Gourdie. We could just mark them off as he cells them down and now I can look at n and say, 'He has 25 things that we had sald'no' lo.' There's the list right there, ' Ms, Apple: Right, But the list that Mark had earlier would be a Iittle bit easier just to highlight those things that he wants to snow back in Instead of us trying to go down these little lists and... Commit, honer £ngelbrecht, Web, the difference is the fist thats on here is what Is not allowed, Those are the exceptions and,.. Ma. Gourdie: I understand that, but when he was eallinI them off, I made Rite marks to all the things that he now wants to allow. So, I might not allow this; I can mark every single one he wants to allow... - Cc. imiss oner Engelbrechl: Right. Ms. Gourdie:... so, I've pot a Not in front of me, and so, would you guy" you'd just-A's there. Ms. Ganzar But we didn't, though. Ms. Gourdie, I know, I'm saying there's an opporlunity because Mark just said he can't go photocopy k for us Ms Garter: Yes. If ws go back over N, we can do that Ms, Gourdie, I'm Just trying to Mr. Sucek: Are you saying that list has only what the snowed uses are? Me. Gourdie. What the-all-4 says, 'All uses which are snowed In the City of Denton except the fonowing.' Mr. Busk: See, that's what she's saying. She wants to know what the allowed uses are Ma, Gourdie Right Mr, Bucek "he pets to add 8 but there s another 50 oul there, Me Gourdie, that he can do.... Ms. Gourdis In the restricted area. I understand tat-that he added 1, 2, 3, 4, 5, 6, 7, $--about 25 In the regular tight industrial erea. Commissioner Engelbrecht, Wen, L... Ms. Gourdie. But It's rills, Its fine. H she wants that, the; s fine. I don't mind taking a break. I'm just saying there Is a resolution to the problem here, but 1 guess Its not understood. Mr. Bucek Wen, I don't think a Is there, That's what I'm trying to say, The question she sold Is 'allowed uses' The (inaudible) provided to you on that list era anywhere with the allowed uses An the (Inaudble) that was not allowed, end he added a few But some of the members want to know what's on the allowed uses from the very j beginning Ms. Gourd+e 1 totally understand this I'm not being nerve In this situation hero. Mr. Bucek, Okay. Commissioner Engelbrecht. Again, I go back. Commissioners? e Mr Rishel Forward the motion for a break, Q Ms Apple I think, Mr Chairman, that's a great Idea Mr Rishel And I think the staff and the Burgess people need to gel some clarification dxl g the break. 26. .C) Cl 3 2 x I u 1 0 souses Q „1xFx s Linda Holley- PS'101498MINUTES.doc Page 15 Planning and Zoning Commission Minutes October 1e, 1998 Page 15 of 19 Commiss'ionef £ngelbrecht: And let me do one other administrative Issue here because there was a question of whether we're eating tonight? We are? Do you want to do that at this time, or do you want to wait and finish the public hearings and then do that? It'll make a difference In how long we take for this break? Ms Ganzer: I would finish the (insudibre) Commissioner Engelbrecht: Okay. Then we'll take 10 minutes now, and we'll plan to come ba6. at 7.00 p.m., and 0 N takes a few more minutes, that's fine, Go ahead, staff, and gel this worked out. The Commissioners adjourned to a break. The Commission reconvened the meeting. Commissioner Engelbrecht: Okay. Ladies and gentlemen, we're going to reconvene the meeting at this time We now have before us. Commissoners, a fist of those Items which have now been put back Into the 1.1-restricted and the LL 1 donl know where you stand, persoriv., lrst off, I would like -and Mr. Donaldson would you sort of bdof us on these lists now 'n terms of what do the Xs mean, what do the circssd Xs mean, what do the blanks mean. Mr. Donaldson: I've pr ovided you a four-page Hsi that represents all of the permitted uses within the fight Industrial zoning district. And IN n we have a set of Xs for uses that are prohibited, as I understood item last week. We have then circled some of the uses that moved from the prohibited Not back Into the permitted Not. You need to note on the second pate, about two-thkds of the way do vn, there's It fine Nom Mal says 'airport lending field or heliport' and the request has been to allow the heliport within the light Industrial cdessification--that still restricts both landing field and helport from the restricted area Collectively, the proposed uses with Me straight LI classification have become a little more like light indusidel. The fist of prohiDNed uses 1181been out c'fout In hall on those; and In the light industrial-restricled ctesalfiestbri, there has been a request to allow 8 additional uses. Those would be commercial amusem. ni outdoor, dance hall or nightclub, gasoline service station, new solo parts sales store, and off- and on-premise sass of beer and/or wine. Any questions? Comm',ssioner Engerofecht: Any questions for Mr. Oonskdson7 Mr. Bucelk let me be clear. This off-premise sass of beer and wine--does that mean separate from a restaurant? Ii Is that how we Inlerprel that? Ms. Apple: That could be a convenience store. { Mr. Sucek: That could be likes 7.11 store Commissioner Engelbrecht: Other questons for Mr. Donaldson? Mr Bucek: I guess what I'm trying to clarify-4 you have a bar that's just selling beer or wine and no food or anything, what calegory-is that allowed? Is N Just in manufacturing In Denton or do you know offhand? Ms. Apple: On-premises sale, ' Mr Donaldson. I don't have my zoning book, Mr. Sucek I mean, ore we allowing N in here, would be your understanding (inaudible). Mr. Donaldson. Yes Mr. Bueek. Okay s • Commissioner Engerwecht: Ms. Apple, did you have a question? 0 ' Ms. Apple. Just refresh my memory, Mark. I'm trying to remember when we initially did this and went over the accepted uses and everything is my recelection that the reasoning for a kA of the things that we did was because this lighl Industrlal-a good amount of t. I guess, 7 eats of t-no; close to 11 acres of 11-back9 up to SF-10 lots, and we discussed the toxic fumes from the dry cleaning plant. and we discussed the nolse hom the various sulomobile-rotated things and differtM businesses I guess I'm having a hard time combining what we're 27. 1 ti, 32 x f r Maws ':n:elsrr ' k Linda Holley • P82101498MINUTES'doc Page 18 Planning and Zoning Commission Minutes Odour 14, 1998 Page is of 19 doing tonight with going back in and changing this. I'm trying to see where us redoing fits in... Mr. Donaldson. Okay. Ms. Apple: ...wlih what is before us tonight, because tt was my understanding that we did this for a reason-and a good reason-and it's done, and I may just be confused. Mr Donaldson: Keep in mind that the last lime you saw this beck in April, there was only a single light-Industrial class ication, and at that lime, we established a list of uses that would be kept at best 100 feet away from the western property one. V Ms. Apple' But the reasoning still stands. The light Industrial is still up against the residential area, to regardless of the configuration of space, the reasoning still stands. Conrad? This Is all going to be 11 saes directly behind a residential neighborhood. Mr. Donaldson: Yes; and I guess I would translate the current plan as now creating a 400-foot setback for that list of uses by creating that second ,qM-Industrial-rostricled zoning district--keeping those uses that were doomed to be obnoxious or have seconds y knpads on adjotnkkg property N the straight Lt. keeping them out of those tight Industrial-restricled s4 togethe . Ms. Apple' (inaudrbb) is 1303 feet. Mr. Donaldson', It was on the order of 400 feet wide for this particular zone district You may went to consider the 6 uses that have been requested to have added bark In there and whether they'd al meet your objective as for to that restriction Is concerned. Ms. Apple Now, you're saying 5 uses. It was my understanding that the circled things -more things they want allowed back In and It's substantially more than.. i Mr. Donaldson: That's in the straight LI zoning district. That's separate from the single family by more than 400 feet now. Ms. Apple' Okay Mr. Donaldson. Within the 1.1-restrkied..., Ms, Apple', It's just the 8. I Mr. DwaWson: Yes They added those B uses bark in. Ms. Apple ' Okay. So, I goes my original quest of that's why this Is owing up again because of the charge In the distance. Mi. Donaldson: Yes It's Just a different way to attack the some sltusti ns, I believe, v Mr. Suoek', Let me be sure I'm reo: when you're talking about it In the prior use, six weeks ago, we just hod a l straight rule-nothing within 100 feet of the SF•10. No LI uses Mr. Donaldson: No. N'+ had a list O uses _ Mr. Sucek', You had a list then, too n Mr Donaldson: that wuldril go.. e Mr. Bucek: Okay. Q Mr. Donaldson ...within a 100 feet, The balance of those oouldn'L Mr Bucek' And do you recall If these B they added back 10 were on that left? i 28. II x..10 3 x a 0 1 <p - - - f r_+rida.Ho1ley-P&2101498MINUTES doc Page 17~ Planning and Zoning Commission Minutes October 14, 1998 Page l l of 19 Ms. Apple: Yes. Mr. Donaldson: 1 recall gas stations and euto-related businesses were restricted in the previous case. And I hove the file, and 1 pan check that, Mr. Rishel: Mark, or M'.ke-one of the two-4 was thinking that where we're going lo-the third page right at the top 'radio andror television microwave lower"-I was thinking there's-wasn't-there was some Federal law in there that didn't allow us to restrict on microwave lowers or is K cell plane towers? Mr. Bucek: Thera are certain circumstances under which we can no longer do K, W Just generally speaking, depending on the site of the lower, there sre some gukleknes that we have that we can prohibit This is a little broader, so it d^ss make K (inaudible) to"to keep them out d you an. But I would agree with you, I think that LI area, where he's removed that. that probaby wouldnl hurt us that bad on the strapLit I.I. Mr. Rishel: Right, Couple of questions-on the third page where K says Yarm and ranch' end that would be acceptable in both area" that correct? So, we could he" a hog farm right there? A chicken form. ~ Mr Donaldson: Correct. I don't believe that a hog farm is specified in this list. Mr. Rishel: But K would be in effect, a lamt--Oight? it could be dasslfied, . J Mr. Bunk I think you an do those things In agricultural, and the things you an usually do in agricuflursl you slow people to do in light industrial. Mr. Rishel: I wonder K they might ward to put some sort of restriction on that, NO for the neighbors. One of this things that was written beck into here on the unrestrkled would be the laundry plant in commercial on the second set of Iimiled restrictions. I Just kind of think there was some discu ssion previously on laundry plants and the fumes and chemicals that are put out on that. Looks like corredlonat facildies lire also something that would be possible In that LI cla icad+on also-maybe in one but not In the other-end than flea markets and also temporary asphell and belch plants. Is that all correct? And I presume to operate a batch pit rt that would be--go through zoning and sk quality and everything else that gms along with that anyway-is that darted? Mr Buak: Yes. Remember the batch plants and all those things-there are State sk quality regulations and probably certain Federal ones that they have to get a parmI to they use those uses Mr. Rishel: So, that would come back before us anyway Mr. Donaldson: We have a distinction In our zoning code tivrweern a batch plant and mixing and sale of concrete. Mr. Rishel, Well, K says temporary asphalt and concrete batch pfanL' Mr. Donaldson: Yes, they're allowed with a Special Use Perm K. Mr. Buck: Sc, those will came back and then you an always add additional conditions to Vase ases that are ressonoble. Mr. Rishel. Okay. Mr. Buak, Bud I think he was mentioning here, the only thing that would be a little con"Ing, nyhl above 'mining or storage of mining waste,' and they're removing that, but his comments were that was for temporary. So, that may not be a problem, although we need to do something here to show that it's temporary, beceu.e right now, K doesnY • took that way . Mr. Rishel. Right Once again on the laundry plant-Is there any State regulation that make Mat come up to of o automatialy, again. k O Mr. Buak, I don't think there If, but I m nol sure, I know it's not--do you remember, Mark? I don't think it's one of W our SUPS Mr. R,shel, It says 'laundry ptant-commercial 29. 10 %2 x i s 01 • o Linda Holley • PSZ101496MINUTES doc---------- Planning and Zoning Commission Minutes October 14, 1998 Page 18 of 19 Mr, Donaldson. I think it's an allowed use generally in our light industrial zone district I have the fist from the previous case where we established the 100-fool setback for uses, and it includes gasoline service station, new auto parts sales store It also Includes (lnaudrbte) and outdoor amusementcommercial. Mr. Rishol And I'm always curious about the breadth of this term that 'accessory building' can manifest itself in, and 1 ace in that-in this particular case, that accessory buildings are allowed in both situations here and that-maybe terminology that bothers me and how we look at that-how big or how large ur what the concept of accessory, building is, Mr. Donaldson An accessory building is defined within our zoning code-I can't quote 4 verbatim-but it's for uses that are clearly incidental to the main use. And the most typical accessory use that we have is a garage that's separated from a single-family house. It could also include on outdoor storage shed, a building like that, a- long as it's clearly incidental to the main use Mr. Bucek Comm'ssioners, you'll rod mining and storage of waste, that is an SUP (inaudible) to do that you; you can put those requirements on and I'll come back to you. Mr. Rishel Thank you Commissioner Engeihrecht. Mr. Donaldson, I wonder lf you might-two of the tracts are light industrial more. One is based on the fad that it backs up to SF-10. The other backs up to something called PD-20, and I wonder If you might discuss „ Mr. Donaldson, Yes. Commissioner Engelbrec l whet is in PD-20 that abuts the light industrial Mr. Donaldson, The balance of M20 to the north, which is an approximately 1"cre parcel, carries with 4 the light industrial zone classification bringing the total of LI zoning within the 1974 to something like 40 saes, 1 believe. I Then even farther to the north of this Is another smaller tract that is zoned light industrial. And then the Josten's tract is also zoned light industrial Ms. Apple So. that would compule, 4 4 went up, backing up to residences, Mr, Donaldson. So, basically a triangle like is light industrial and Knd River does extend part way up here which leaves a fairly significant undeveloped triangular piece of land. ; Ms Gourdie Mr Donaldson, couldn't this all be alleviated 0 this developer was willing to rearrange the way this i was done) Couldn't he as essly put multi-family where the 1.11-restricted Is and moved n„ n' ri-41 efrisl over into - manufarrun-d housing and done something to alleviate an these problems that he's anti uecause of keeping with the original plan Ihat-which was done eons ago? Mr. Donaldson Repeat that hypothetical question f Ms Gourdie: I don't know. Was k ever discussed In staff meelings, because obviously when they first come to us, 0 we said this was the most ludicrous thing we've ever seen-putting light Industrial up against SF-10 homes, or any I homes actually. To me that should hove been a direct signal to them to say, 'Okay, let's rearrange the way that this Initial PD was done Let's look at R "ically and change R to make 4 work with this community, versus making 4 work with an outdated concept plan,' which I don't even know existed back In 1974, If we had a Denton Plan or not This plan was developed out of thin air, put in the middle of a bunch of agricultural things. t don't even know 4 the people who made this PD even knew there was going to be SF-10 homes up against 4 They were probably under 1 the impression that R was going to be tight Industrial. That's the impression I get. This A not the way R went. -tie Q PD is outdated. Its no longer functioning like 4 should, maybe the developer should go back in, move light industra( somewhere else, and make R a more Forney -oriented area and be able to put an their dance bans and Q amusement parks and noise and smells and everything In a diffr rent side of town-1 mean up closer to the road and so forth. I mean, do the most logical answer to the problem here in my mind instead of sitting here arguing about-or debating excuse me-uses which I find horrendous r Mr. Donaldson: The 1974 concept ptsn which was determined In 1998 to meet our standards for a concept plan 30. fi tI Ka 0 r~ `1' J s). J :32 X 1. r 0 , waaaee , [Linda Hotley ' P82101498MINUTES doc _ P 19l . - - Planning and Zoning Commission Minutes October 14, 1998 Page 19 of 19 allows the owner of the land certain rights. It Is currently described as light industrial with no restrictions. Ms. Gourdie. Right. Mr. Donaldson: No buffer yards, They shouod Merelly come in with a development plan or a detailed plan for that Ms. Gourdie: Right. Mr, Donaldson: And we would have to measure 4 against the design standards rather than land use standards. There's actually a net reduction In the right Industrial land; and wi'h the addition of the buffer yard and the restricted zoning classification, there's a significant Improvement as for as separstirg where there would be incornpatibb uses. Ms. Gourdie: Can you give me any other parts of town where we have homes up against right industrial. Can you just give me a what d, where at? Mr. Donaldson: M along Mayhia, we have existing developments predominantly abutting right industrial lend. In southeast Denton, we have significant tight Industrial zone districts where we have single-family zone district adjacent to it. Ms. Gourdie', is most of this fight Industrial our landfill, (inaudible) or mostly manufadurer warehouses type of thing that we're discussing In right Industrial? We're not talking about (inaudible) things that they're talking sboA. of are we talking that? Mr. Donaldson. Most of the right Industrial zone districts that we have have no conditions or no restrictions on them... Ms. Gourdie Right Mr. Donaldson, so they literally have a complete fist of permitted uses Mr. Rishel: And I feel just the opposite. I'd like to, you know, commend the Carter Burgess people for trying to put aame thought Into some Industrial, which Is something we lack In our community-to be able to bring in some businesses Out can have some site wf.ars they ten Wale here and take a little bit of a burden off of our residential. So, We just a difference In vbNS, I think Commissioner Engebrecht I'd just like to odd that-end you pointed this out In your Initial staff presentation-that in the light industrial-restricted, It's primarily commercial and fetal, although It's still celled tight Industrial-restricted. It would be nice K yw could make a comparison; I an t ask you to do that on the spot beause you'd have to bring out two more lisle-what's fight lydustrial and what's commercial Prod what the differences between the two are. Mr. Rishel: Wad have to get another break to do that Commissioner Engelbrecht. But I do want to point out that I'm not two the name Is totally Indicative of what's - there, although 4 to a bit more confusing, given these additions here at this time. With that, I guess 11 ask If you have any other questions of Mr. Donaldson of this time If not, went go back and ask the petitioner to ocrdinow Okay Thank you, and thank you for doing this work during " break. I know you had to rush to gel this In. Okay. Mr Meyer would you please-Just before the break, you had reviewed a list of, d I'm rat mistaken, Me Items which you now would like to have restricted in the ll-restricted and In the LI area -ir the' eomed? Mr. Meyer Yes, sir. (loeudibk) Commissioner Engelbrechl. Allright. Did you have some other comments you wanted to make beyond that as part of your presenlat'ron? o Mr Mayer I'd just like to add (inaudible) 31. ~ A ~ -r ~ A S R ~ 3 2 X I O A i I YKR•'iTq I I 1 • lo/19/1590 09:55 EF11724J3090 PNX 0J one 18 98 03:24p Jack Hate ATTACHMENT 3 972-424-1368 p.2 I lads 11sfcMafl i Assaolsk~ P-0-10%210119 Viano, Tetras 790264111 ~ lease Mt!KORANDOM To: Mr. Brad Shelton Bob she" Enterprises From, Jack Natchell, A.E M Darr. October 16, 19938 Sulyea: Projected Traffsr VOhrmea For Uakors Lake Tract d Deaton. Texas V4TROD000ION Property located along Winer Lan and Ui 77E, a shown Is the aKacbed drawing, is under conddetetio0 for a reused mneept pin. no proposed land user an Sio& Family 10, Office, Gesort) Retail and restricted U& b4lugniaL The City of Demon his requested as evaluation of the traffic that U etpeeted to be generated by tha proposed had uses. Bob Shellaw Faterptiaes nwou of that propeny, lore stained the services of Tick 1latchell d: Asso gnaw to ::v"t she projected devebpsssaat m0c. P, eseuted below is a sssrnmary of tae vob= oftrafk protected for the Uslomn Lake Tract. PROJYCFED TRAYnTC VOLUMES Traffic projected for s lad tree Is hued on tha type of load am ad Its deesiry. Trips gmerstioa rues for veriow categories of land urn are fumed 1n Tres Geaaral3 60s ifdkioa, pttblihed by the botitute of Ttasopottation Eapsoors This puWados owitino the number of peak hour dad duly trips tbat cos be expected end is based no scmd Sdd purveys (naflic causes) of aids g • developments pteumed Isaiow is n* gaseretios data for the proposed devekvumd. The office property was assumed so dnelop at a floor to•sres rub (FAR) of spprosrhneteiy 0.30 10.3 square Not of builds= for each ).0 squire foot of lapel. Reuii watt sasumed to drvekp at a 0.23 FAR Syr 32. ? ~il~i ~fS •T ♦ ~f. rlIr . • Fwi X • 11.J ? l~ 1 I 0 R r 10/19/1y98 139:5 5 E17_5331390 SFE7.TG11 FW-,-E: l1S Oee 19 99 03t24p Jack Hatehall 972-424-1390 p.3 7 ~ able 1: tro Gotoatfon Daft Trips A.M. Peak P.M. Peck 1Jsi1y Ratee Tripa Rate4 Tips Rate' 14a 1. 04 Use $iagle Fuaily 90 Units 0.75 66 1.01 91 9.37 661 Mutl•famtly 600 vaito 0.31 306 0A2 372 6.63 3,976 Retail 140,000 SF 1.03 144 3.74 324 42,92 6,009 Ofcs 40.000 SF 1.56 62 1.49 60 11.01 MO LA& 10dostrisl 21 Acres 7.51 201 7.26 1" 51.60 1,413 7etaf 765 1,24_ 12,701 I • Rani Ere Der trnll far SIVIe firmly and ewho family: per 1, (W r4rare ntl avy) for 60ja wd reran.' m14 per acre r light ImAaaMl SUMMARY Based on tvldely Used . mdards for trip 6eoeratiou pubbsbed by the Imetwe of Tna9mut4k Eagbeers, the Proposed Ualeom LA6 Tact da+alopa mt Is projected to gesarare trsllio vokV6 of 763 vahkI a la 6e nmui j peak bow wad 1.245 vehicks m the almom peak bow. DtRy traffic is projened to be 12,701 rrclicles. The t«dl ingrsct of" Vsic Win not be f+t oat the roadways that so" as 4000 14 6e development (is. Tea day Line, Lillian %Qler, Ili 351: Soutbbot Prootep Road} The mlt of land um well games what b referred to as beternal trips which wd0 oar be required to tuwi o0 the sttaisl ttreat tbst sates as aeoeu to tha proposed developmm. TUN tripe k1juds trawl betwem the residential ants sad the rattail Eat, olce butl&S4 K I bd=%l uaa mod 4eilthbor eo 6eibbbor trips. Ile bretaal trips for Uaieoe6 lair could be a laalclt u 2! percem of ' the ptojatsd traesw Pkase do lot beahne to call tae ifyou bans my fAvioas a seed addkicaal ioromutio6. r tbetu6ltia ~ 33. } . Ly^l ~.5 x la 3 2'x i ' a • o , Unicorn Lake Development ATTACHMENT 4 Proposal i i LI LI M F-2 i 1 horerns M a , M • SF-10 s 0 34, ;)s 10 32XIO e a 0 ATTACHMENT S PERMITTED AND RESTRICTED LAND USES Within the Light Industrial-Restricted (LI-R) and Light Industrial (LI) zoning districts X means the use is prohibited within the designated zone district Prohibited in Prohibited in j Permitted by Code of Ordinances in PD-20 PD-20 Straight Light Industrial Classification LI-Restricted LI Classification Classification One Family Dwelling Restricted Dormitory, Boarding or Rooming House Hotel or Motel Art Gallo or Museum Cemete or Mausoleum x X Church or Recto v Colle a or University or Private School Da Cam Da Nurse or Kindergarten School Group Home x X Hai%sv House ~X X Home or Care of Alcoholic, Narcotic or Psychir.tric Patients X X Hospilyd (general acute care Hos it31 chronic care) Institutions of Religious it Philantho is Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasiona; Sales Park Play round or Public Community, Center School Private Primary or Secondary School, Public or Denominational School Business or Trade - Accessory Building Community Center rivatc _ - Electric Generating, Plant _ X X Electric Substation _ 100' setback x S Electric Transmission Line x X Tcmporary Ficld or Construction Office Fire Station or Similar Public Safes Building Gas Transmission Line and Melcrin Station 100' setback x liomc Occu atp ion 0 Off-Street PaWrig Incidental to Main Use Off-Street Remote Parkin X 0 Private Utility S17102 or Storage Yard Public Building, Shop, Yard of Government 35. Nola A i I i I n I Prohibited in Prohibited in Permil,ted by Cede of Ordinances in PD-20 PD-20 Straight Light Industrial Classification Ll-Restricted LI Classification Classification I Radio and/or Television Microwave Tower x Sewag- Pumping Static, x X Priva'.e Swimming Pool Telephone, Businest Office - Tetephoor Lb,. and Exchange Switching or Relay Station Water Reservoir,y ater Pum in Station or Well T X i Water Treatmen' Plant x x Amusement Commercial ',)utdoor x _ Amusement, Commercial (indoor) Count Club (private) with Golf Course Dance Hall or Night Club x D Strio or Commercial Racing _ X X Fairground or Exhibition Area x X Go Cart Track _ x Golf Course (public or commercial) Public Play Field or Stadium Rodeo Grounds x Y. Roller or ice Skating Rink x X Sexually Oriented Business _ ! Stable rijnte club, commercial rental or Soardin A _ Swim or Tennis Club Theater, Drive-!n x X Theater, Other than Drive-In Type X Airport Landis Field x X Heliport X SUP Bus Station o: Terminal x X Haulier Storage Company_ x Motor Freight Terminal _ x ~Railroad Freight Ierminal _ x x Railroad Nssenger Station x x 1 Railroad Track or Right-of-Way X X Railroad Team Track x X • Truck ParkiLat x Commercial Pai&i,: 1 or Structure x Auto Laundn x Auto Painting and Body Repair _ x Auto Sales and Repair in building) x n l00' Setback Gasoline S~ivice Statio ~ , C I New Auto Pans Salei Store T_ 100' Setback i i O • 16. w 32x0 k',.! I 0 0 Prohibited in Prohibited in Permitted by Code of Ordinances in PD-20 PD-20 Straight Light Industrial Classification LI-Restricted LI Classification Classification , New or Used Car Sales Lot in open) X R Seat Cover and Muffler Installation Shop X , Tire Retreading or Ca in X Used Auto Parts Sales (in building) X Antique Shop Bake or Confectionery Shop retail Cafeteria _ 100' Setback CIeanin and Press in Small Shop, and Pick U Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nurse retail Handicraft Shop Household Appliance Service and Repair 100' Setback _ Laundry or Cleanin , Self Service Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices Professional and Administrative Off Premise Sale of Beer and/or Wine 100' Setback On Premise Sale of Beer and/or Wine X Licensed Private Club X Pawn Shop X Restaurant J 100' Setback Retail Stores and Shops (4,000 square feet or less _Retail Stores and Shops over 4,000 square feet Studio for Photographer, Musician Artist or Health Secondhand Store Used Furniture or Rummage _ X Tool or Trailer Rental _ X Animal Pound (private or public) X X Animal Clinic or Hospital (no outside runs or pens Animal Clinic or Hospital with outside runs or ens X Farm or Ranch.Field Crops Only Greenhouse; or Plant Nursery Hatchery (poultry) X X Bake wholesale X Building Material Sales Cabinet and Upholstery Shop X f Cieaning and Dyeing Plan: commerci J) X SUP Cleaning Plant, Bags or Carpets (special cgC mcnt i X 37. r ii - waaawxr , 1 { Prohibited in Prohibited in Permitted by Code of Ordinances in PD-20 PD-20 Straight Light Industrial Classification LI-Restricted LI Classification Classification Clothing Manufacture or Light Compounding or Fabrication X Contractors Shop and Storage Yard X Engine and Motor Repairing X Feed Store j Heavy Machine Sales and Stora e X Job Printing or Newspaper Printing Laundry Plant commercial SUP Milk Depot, Dairy or Ice Cream Plant X X Paint Shop X Petroleum Products Storage - Wholesale X Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (outside) X X Storage or Sales Warehouse X Trailer Rental or Sales X Transfer Storage and Baggage Temiinal X Wholesale Office and Sample Room X Mixing and Sale of Concrete X Trailer Cam or Mobile Home Park X Correctional Facility X _ X Fratemit Sorority, Lodge or Civic Club Sewage Treatment Plant _ X X Livestock Auction X X Livestock Feeding Plant Pen or Yard X X Flea Market _ X X Sand, Gravel or Earth Sales or Storage X Extraction and Storage of Sand, Cal iche, Stone, Clay orGraret X Petroleum or Gas Well X Petroleum Collecting or Storage Facilities X -Mining or Storage of Mining Wastes SUP SUP Temporary Asphat or Concrete Batching Plant X Brick Kiln or Tile Plant X X (l . Dump or Sanitary Fill Area X X Open Salvage Yard for Rags, Machinery, etc. X X_ Light Manufacturing or Industrial Uses which meet Performance X Standards 100' Setback means the structure is required to be set back no less than 100 feel from the adjacent residential zone district at the western boundary of the Light-Industrial - Restricted zone district. SUP mans a Specific Use Pcmit must be approved by City Council prior to the development of the Yyt1 specified uses. 3g. 32 x 0 0 I WITHIN THE LIGHT INDUSTRIAL - RESTRICTED ZONE DISTRICT: The following uses are prohibited: Cemetery or Mausoleum Group Home Halfway House Home or Care of Alcoholic, Narcotic or Psychiatric Patients Electric Generating Plant Electric Transmission Line Off-Street Remote Parking Radio and/or Telcvislon Microwave Tower Sewage Pumping Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Amusement, Commercial (outdoor) Dance Hall or Night Club Drag Strip or Commercial Racing Fairground or Exhibition Area Go Cart Track Rodeo Grou^ds Sexually Oriented Business Stable (private club, commercial rental or boarding) Theater, Drive-In Theater, Other than Drive-in Type Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Rlght-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Auto Laundry Auto Painting and Body Repair w Auto Sales and Repair (in building) New or Used Car Sales Lot (in open) 0 Seat Cover and Muffler Installation Shop Tire Retreading or "apping Used Auto Parts Sales (in building) On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Secondhand Store, Used Furniture or Rummage Toot or Trailer Rental O t Animal Pound (private or public) Animal Clinic or Hospital (with outside runs or pens) Hatchery (poultry) Bakery (wholesale) I'U .'n 1•, ndrrl l • i i n! l7rtrlu34, f] 32 x I O s A k \ti. m 0 Cabinet and Upholstery Shop Cleaning and Dyeing Plant (commercial) Cleaning Plant, Bags or Carpets (special equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard i. Engine and Motor Repairing Heavy Machinery Sales and Storage Milk Depot, Dairy or lee Cream Plant Paint Shop Petroleum Prodo!cts Storage Wholesale Storage and Sales of Furniture or Appliances (outside) Storage or Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Terminoi Wholesale Office and Sample Room Mixing and Sale of Concrete Trailer Camp or Mobile Home Park { Correctional Facility Sewage Treatment Plant Livestock Auction Livestock Feeding Plant, Pen or Yard Flea Market Sand, Grevel or Earth Sales or Storage Btraction and Storage of Sand, Cellche, Stone, Clay or Gravel Petroleum or Gas Well Pet Idum Collecting or Storage Facilities Temporary Asphait or Concrete BatchIng Plant Brick Kiln or Tile Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags, Machinery, etc. Light Manufacturing or Industrial Uses which meet Performance Standards The following uses are allowed with an approved Specific Use Permit: Laundry Plant (commercial) Mining or Storage of Mining Wastes I I The fallowing uses require a 100' setback from the adjacent residential zone • district: Electric Su~slation Gas Transmission Line and Metering Station Gasoline Service Station New Auto Parts Sales Store Cafeteria • Household Appliance Service and Repair ON Premise Sale of Beer and/or Wine O • Restaurant 40. L 'Ile 32X 0 The following uses are permitted without additional restrictions: One family dwelling restricted Florist or garden shop Dormitory, boarding or rooming house Greenhouse or plant nursery (retail) Hotel or motel Handicraft n'>>p Art gallery or museum Laundry t eaning, self service Church or rEctory Mimeograp stationery or letter shop College or university or private school Mortuary or funeral parlor I Day camp Offices, professional and administrative Day nursery or kindergarten school Retail stores and shops (4,000 square Hospital (general acute care) feet or less) Hospital (chronic care) Retail stores and shops (over 4,000 Institutions of religious or philanthorpic square feet) nature Studio for photographer, musician, artist Public library or health Monastery or convent Animal clinic or hospital (no outside runs Nursing home or residence home for or pens) aged Farm or ranch, field crops only Occasional sales Greenhouse or plant nursery Park, playground or public community Building material sales center Feed store School, private primary or secondary Job printing or newspaper printing School, public or denominational Plumbing shop School, business or trade Scientific or research laboratories Accessory building Fraternity, sorority, lodge or civic club Community center (private) Temporary field or construction office Fire station or similar public safety building Home occupation Off-street parking Incidental to main use Private utility shop or storage yard Public building, shop, yard of government Private swimming pool Telephone, business office Telephone line and exchange switching or ' relay station Amusement, commercia' (indoor) Country club (private) with golf course Golf course (public or commercial) Public play field or stadium Roller or Ice skating rink Swim or te^nla club Antique shop Bakery or confectionery shop (retail) p Cleaning and pre: sing, small shop and pick up Custom personal service shop Drapery, needlework or weaving shop I'lJ :n frinJdf nrupl l7nn Jr' 2S"10 `;2 x I a 0"Ww. WOW,A i I ~D.~O ATTACHMENT 6 STUDENT POPULATION IN MULTI-FAMILY DEVELOPMENT r i NEAREST APARTMENT PROJECT Pace's Crossing Number of Units 380 Number of Students 11 Students per Unit 0.03 SAM HOUSTON ELEMENTARY ATTENDANCE AREA Single-Family Houslny Number of Single-Family Units 1,880 Percent of all Units 45% Number of Students 1,192 Percent of all Students 92% Students per Single-Family Unit 0.83 Multi-Family Housing Number of Multi-Family Units 2,209 Percent of all Units 54% Number of Students 98 Percent of all Students 8% Students per Multi-Family Unit 0.04 All Housing Number of Units 4,089 Number of Students 1,290 Students per Unit 0.32 Source: DISO census: Spring, 1998 M'.:'i fm, nd. it nonpr l7an h, i, y: 42. 10 t. t, 32.~ + k , L t C1 25 X i. x 69 NON== • O „a All DISD Students Living In Apartments Sam Houston Elements School Attendance Area Name Address Units Students Students Per Unit Holly Hill 900 Londonderry 100 9 0.09 La Colina _ 1200 Dallas 264 19 0.07 La Prairie 2007 Teasley 112 9 0.08 Londonderry Oak 1721 Teasley 161 3 0.02 Oak Meadows 1810 Teasley _ 160 0 0.00 Residence 1801 Jason 112 3 0.03 Ridgeerest 1300 Dallas 152 15 0.10 Salem Ride 601 Londonderry 96 5 0.05 Sunburst II 1030 Dallas 300 ~2 0.01 Tumbow III 618 Londonderry 40 0.03 Westmir.ster Garden 1821 Westminster 48 0 0400 Wesfovind 1710 Sam Bass 224 9 0.04 Woodhlli 1408 Teasley 352 18 0.05 Colonial Manor 624 Londonderty_ 32 1 0.03 Forest Ride 1810 Westminster 56 4 0.07 TOTAL 2,209 98 0.04 Source: DISD census: Spring, 1998 i r, j i 1 y. , ^M t rPO ]n VM.nd+d1 n, rry 174. do 43. 1 r !r r.~ 4:~~+~~t ~ 25 IQ 32 Xi0 0 0 n . I i I f ATTACHMENT 7 2.98.044 i i ORDINANCE NO. i , AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR AN AMENDMENT TO AN APPROVED CONCEPT PLAN FOR 136.365 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT TWENTY (PD-20) LOCATED ALONG THE j SOUTHEAST SIDE OF INTERSTATE HIGHWAY 3'5•E BETWEEN LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bib Shelton Enterprises, on behalf of Denton Secur'ty Investments, initiated a request to amend an approved concept plan for 136.365 acres of land currently within Plamted Development District Twenty (PD-20); and WHEREAS, on October 14, 1999, the Planning and Zoning Commission recommended approval of an amendment to an approved concept plan for 136.365 acres currently within Planned Development District Twenty (PD-20); and WHEREAS, .he City Council rinds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE 1 HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the amended concept plln of the 136.365 acres of land within Planned Development District Twenty (PD-20) described in Exhibits A and B, attached hereto and incorporated by reference herein, is approved, subject to the following conditions: 1. The permitted and restricted land uses allowed within the Light Indust, k.1 -Restricted (LI- R) and Light Industrial (LI) zoning districts shall be as listed in Exhibit C. SEC710N II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. 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 violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, arej 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. Q ' 4 Z-H-001 IN I u e..Yw' t Tr. F~ a 32h • 1 , t PASSED AND APPROVED this the _ day of .1998. JACK MILLER, MAYOR ATTEST: JENNIFER WAITERS, CITY SECRETARY BY! APPROVED AS TO LEGAL FORM: , . ; HERBERT L. PROM, CITY ATTORNEY BY:. ,/fl('a"N Q c f 1 J' , 4, 0 n , 45. 0 e A EXHIBIT FIELD NOTES UNICORN LAKE LEGAL DESCRIPTION All that certain 130.365 acre tract, or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 950, Denton County, Texas; said tract being a part of a First € tract shown by deed to Foxworth-Galbraith Lumbr Company and recorded in Volume I 474, Page 491 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING, for the East corner of the tract being described herein at an iron pin found set in concrete in the southwest right-of-way of Interstate Highway 35 East, said corner being the most northern corner of tract of 1,570 acres as shown by deed to Josten's Inc. and recorded in Volume 571, Page 39, of Deed Records Denton County, Texas; THENCE South 38 degrees 22 minutes k5 seconds West along the northwest boundary line of the past mentioned 1.570 acre Josten's Inc. tract 345.37 feet to a steel pin in concrete lvr the west corner of the above mentioned 1.570 acre tract, and being an Inner el corner on the Original Foxworth-Galbraith Lumber Company First Tract; THENCE South 02 degrees 39 minutes 24 seconds West 2391.49 feet to a large round fence corner post, for the southeast comer of the Foxworth-Galbraith Lumber Company First Tract same beirg an inner el corner on the Denton State School tract; THENCE South 89 degrees 45 minutes 02 seconds East along fenceline and the North Boundary Line of the above mentioned Denton State School Tract, 1881.30 feet to a steel pin on the West side of a corner post for the southwest corner of the Foxworth -Galbraith Lumber Company First Tract, and being In the West Boundary Line of the M.E.P. & P.R.R. Company Survey, Abstract Number 950; THENCE North 00 degrees 26 minutes 59 seconds Vest with a fence a distance 0 3027.40 feet to an Iron pin set In the ground at the southwest corner of a 15.137 acre tract, O THENCE East with the southline of said 15,137 acre tract with a bearing of South 89 degrees 59 n , utes 47 seconds West with a distance of 121j.64 feel to an iron pin set in the ground t, the southeast corner of said 15.137 acre tract; THENCE South 40 degrees 03 minutes 00 seconds West a distance of 309,61 feet to on iron pin set in the ground in said southwest right-of-way of Interstate Highway 35 east and e also being the East corner of said 15.137 acre tract; O THENCE North 49 degrees 57 minutes 00 seconds West with said right-of-way a distance of 927.03 feet to the point of beginning. I 46. MULL& 4M 32XIO l o , o Ptloft" rrw w.+r rr~. ~~rr C~vr MOURN= r-~-Q Olt Al 25 / w i<ryll Y yr+i j` ~ ~wr ~ Wuntw1Wy r Yef 44~r b•rvnr" ~ / r r YnNYrr K-b 11 ,a w ! r / \ rra awunYw 11 u oN r a. rn \ fi.~ sn Ya ra ra14r1 xm rN. r 71 i r1 r °p °D % 1 a rea = rI r to - h 1 ~ 1 4 rIw eunrr ~,i~Rr~r k2rw I 11 I / _r \1 R "mom s 1 Is"M \T ra %UNSCURN L.AC TRACT N\ MIN CMOFV. t[u1 I f I' II 1' i' aUle a[f.1 l'1 17 YdL'IL M NNI ~ sea { • ~ E ,snrc r; N r r ~~I • •LirJeru,xl .F rl `'i . a ~mre7rr,us~afsrar•••• (7 ' \ re'm'ur 0? Woo - ;I ~~Icpw w ACrip/ i}Ale ffMOl ►7 11 jt4 10 FnrLw1 r"1 4 1~ K , l h j"~ 111 3 2 X IILJ low ' o EXHIBIT C PERMITTED AND RESTRICTED LAND USES Within Cie Light Industrial-Restricted (LI-R) and Light Industrial (LI) zoning districts X means the use is prohibited within the designated zone district Prohibited in Prohibited in Pennitted by Code of Ordinances in PD-20 PD-20 Straight Ligt,t Industrial Classification Ll. Restricted LI _ Classification Classification One Family Dwelling Restricted _ Ik,nnitory, Boarding or Rooming House h Hotel or;dctel _ Art Galles or Museum_ Cemetery or Mau-.oleum X _ X church or Recto College oor University or Prj~ate School _ _ Da Camp- Da Nurse or Kindergarten School Group Home _ X X Halfway House _ r a X Home ur Care of Alc-. r)ltc, Narcotic or Psychiatric Patients _ X _ X Hospital (general acute care Ilos ital ichronic career _ Institutions of Religious or Philantho is Nature Public Library_ Ivtonastc ory r convcnt Nwsing I lome cr Residence Home for Aged Occasional Sales _Cen_ _Park1 Play round or Public Comm unityter School, Private Primary or Second__~ _ School, Public or Denominational School, Business r Trade _ Accessory IIuildin~_ ~ _ _ Community Center riva(c) Electric G`r:crating Plant X X A Fiectr c Suvslation „ _ 100' setback X Electric Transmission Line X X Temporary Field or Construction Office _ j Fire Station or Similar Pubic Safety 9uildi~. Gas Transmission Line end MeteriIS Station 100' setua:k X J Home Occupation p Oly Street Parking Incidental to Main Use 0 f_btrect Rcmote Parkin X _ tD 0 Pri:ale Utility Shop or Stora a Yard _ Public I3aiiding S _)'ardofGovcrrunent I 46. ~ - P Y~ ? 5 x ~1 32 x I C 1 1 O 0 1 r ~ • Prohibited in Prohibited in Permitted by Code of Ordinances in PD-20 PD-20 Sti :fight Light Industrial Classification Ll-Restricted LI Classification Classification. Radio and/or Television Microwave Tower X Sewa a Pum in Station x _ x Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir Water Pumping Station or Well X Water Treatment Plant x X Amusement Commercial outdoor x Amuse mentLCommercial (indoor) Count Club r,vate with Golf Course Dance Hall or Night Club x Dra Strip or Commercial Racing_ X X Fairground or Exhibition Area x X Go Cart Track x Golf Course (public or commercial) - Public Play Field or Stadium Rodeo Grounds _ X X _ Roller or Ice Skating Rink Sexually Oriented Business x X _Stable club commercial rental or boarding) X Swim or Tennis Club Theater, Drive-in x x Theater, Other than Drive-In Type x Airport Landing Field x x Heliport x SUP Bus Station or Terminal x x Elauling or Storage Com myx Motor Freight Terminal x Railroad Freight Terminal _ x x Railroad Passenger Station _ x x Railroad Track or Right-of-Way x x Railroad Ttam Track x x A Truck Parking Lot x Commercial Parking Lol ur Siructuro, x i Auto Lnu 4D x 1 Auto Painting and Body Repair x j Auto Sales and Repair (in building) x 1 Gasoline Service Station 100' Setback ♦ New Auto Parts Sales Store - 100' Setback 0 1 i 49. i I 3OIPMiIi! ' ' fl l 1 sfrxwe • _ ff f Prohibited in Prohibited in Permitted by Code of Ordinances in PD-20 PD-20 Straight Light Industrial Classification LI-Restricted LI Classification Classification New or Used Car Sales Lot in open) x Seat Cover and Muffler Installation Shop X ' Tire Retreading or Capping x Used Auto Parts Sales in building) x Anti uc Shop _ Bake or Confectionery Shop retail Cafeteria 100' Setback i Cleaning and Pressin , Small Shop and Pick U Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (retail) Handicraft Shop Household Appliance Service and Repair 100' Setback Laundry or Cleanin , Self Scrvice Mimeograph, Stationery or Letter Shnp _ Mortuary or Funeral Pazlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine 100' Setback On Premise Sale of Bcer and/or Wine X Licensed Private Club x Pawn Shop x Restaurant 100' Setback Retail Stores and Shops (4,000 square feet or les~~ Retail Stores and Shops (over 4,000 square feet Studio for Kotographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage x Tool or Trailcr Rental x Animal Pound (privateor ublic X X Animal Clinic or Hospital (no outside runs or ens Animal Clinic or Hospital (with eutside runs or pens X Farm or Ranch Field Crops Only Greenhouse or Plant Nurse }Iatchery (poult~r x x Bakery whotesal~ _ _ x Building Material Sales _ Cabinet and Upholstery Shop x 1 Cleaning and Dyeing Plant (commercial) x SUP Meaning Plant, Bags or Carpets (special equipment x + O ate +`f• w~: s~u 32 M' M s ' o M Prohibited in Prohibited in Permitted by Code of Ordinances in M-20 PD-20 Straight Light Industrial Classification 1,14I stricted LI Classification Classification Clothing Manufacture or Light Compounding or Fabrication X Contractors Shop and Storage Yard x Engine and Motor Re airin X F^ed Store Heavy Machinery Sales and Storage X Job Printing or Newspaper Printing Laundry Plant commercial SUP Milk Depot, Dairy or Ice Cream Plant x X Paint Shop x Petroleum Products Storage - Wholesale X Plumbing Shop _ Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (outside) X X Storage or Sales Warehouse X Trailer Rental or Sales_ _ X Transfer, Storage and Baggage Terminal x Wholesale Office and Sample Room x Mixing and Sale of Concrete x Trailc_t Cam or Mobile Home Park x Correctional Facility x _ x Fraternity, Sorority, Lodge or Civic Club Sewage Treatment Plant x x Livestock Auction _ X x Livestock Fceding P ant, Pen or Yard x x Flea Market x x Sand, Gravei or Earth Sales or Storage _ x Extraction and Storage of Sand, Calicbe, Stone, Clay or Gravel x Petroleum or Gas Well x _ Peholeum Collecting or Storage Facilities x Mining or Storage of Mining Wastes SUP SUP Temporary Asphalt or Concrete Batching Plant x Brick Kiln or Tile Plant _ X x Dump or Sanitary Fill Area u x x Open Salvage Yard for Rags, blachii.ery, etc. X x Light Manufacturing or Industrial Uses which meet Performance x Standards 100' Setback means the structure is required to be set back no less than 100 feet from the adjacent residential zone district at the western boundary of the Light-Industrial - Restricted zone district. O ! L SUP means a Specific Use Permit must be approved by City Council prior to the development of the Ry/ spm&cd uses. 51. tf, 1<'TY 4i~ w,. ~ , 32x10 • rrrewr<a Q AGENDA INFORMATION SHEET Spends Item. AGENDA DATE: November 3, 1998 DEPARTMENT: Planning Department i ~ CNIII)CA1fACM: Rick Svehla, 349-771596 SUBJECT -Z-98-048 (Freeman) Hold a public hearing and consider rezoning 58.351 acres from an Agriculture (A) zoning district to a Single Family residential (SF-10) zoning district, This property is legally described as part of tract 6, Abstract No. 1018 of the Eli Pickett Survey and is located on the west side of F.M. 2181 (Teasley Lane), approximately 1,000' south of Robinson Road, between Ryan Rd. and Hickory Crock Rd., in the City of Denton, Denton County, TX. The proposal is to develop a single-family subdivision. BACKGROUND • The subject properly has been zoned Agricultural (A) since it was annexed into the city with Ordinance 86.76 in 1986. • The most recent zoning case in this area of town is the Z-97.634, the Weatherford Addition located southwest of the subject property. This changed the toning from Agriculture (A) to Single Family Residential (SF-7(c)) and allows single family residential lots of 7,000 square feet bur,ered on two sides by single family residential lots or 10,000 square feet which in turn arc required to have a ten foot landscape buffer. PD-93, to the north of the subject property, allows single family residential lots of 6,000 square feet with multi family and some retail. • There was a request to rezone this tract to SF-7 recently, which failed at City Council. The applicants have reconsidered their request and resubmitted the current request. The difference in the traffic impact is 1,751 trips per day (SF- 10) vs, 2,334 (SF-7) trips perday, more than a " 25 percent decrease in projected traffic. • I PRIOR ACTION/RE%'JFW (Council. Boards. Commisslons) The Planning and Zoning Commission recommended approval (5.0) of this zoning •equest on October 14, 1998, as recommended by staff. • O • REC'01i;11ENDAT10N That the City Council approve Z-98-048, as it is consistent with both I9e Denton Development Plan and the Denton Plan Policies. i 1. i - c ~-~y MAIL 09LML-~MOSAIMMIAL~MEAUL~ 4^ aeacu~ 1 O I 1 Y i .:,,-rn n.♦..,-'.... J1v... 9 r'1MSYtY11.76*3 llY:..4.KlF'YIMvRCkbd'fiM'I±,bS1iQCVrNXy'CC^1;4W'CiM1F!t~R•,nN; QPTIONS 1. Rerommend approval as submitted. 2. Recommend approval with conditions. 3• Recommend denial. 4. Postpone consideration. 5. Table item. I ,f r FISCAL INFORMATION E None F ATTACHMENTS 1. Planning and Zoning Commission Report August 26, 1998, 2.98.035• 2. Planning and Zoning Commission minutes from August 26, 1998, 3. Draft Ordinance. 4. Photographs. S. Development Contribution to Traffic Mitigation Map 6. 'Access to 1.35E from Tealsey Lane Corridor' Map Respectfully submitted: Dave Director of Planning and Development Prepared by: Trina McElreath Planner 11 ~0 1 i I ~ I ' 1 f i'r F is 2. f v, v • o ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sublect: Freeman Case Number: Z-98-048 fff: Trina McElreath, Planner Agenda Date: October 14, 1998 F~? Y~J.K~ Hold a public hearing and consider making a recommendation to the City Council concerning the proposed zoning change of 58.351 acres from an Agriculture (A) zoning district to a Single Family Residential (SF-10) zoning district. The intention is to develop a single family subdivision. i' SITE i i r 1 1 Loaft 3 - -~°{l7}l~ x M In 97 ".M ?_5 32XI Wills- _ r r • I > i - ,n<r. s..,:r^',In,S _e..'P:Cf'rU?3!N•"rwAV~d'7.'iCAW^rniAV.t.TVAyel rlaF'o-:+wrm^+ ~ .nd.. 7 Applicant: Intermendeco 1401 Burnham Drive Plano, TX 75093 Owner: Joe and Teresa Freemen 4424 Glen Oaks Drive ' Flower Mound, TX 75028 Location: Located on the west side of F.M. 2181 (Teasley Lane), approximately 4,000' south of Robinson Rd., between Ryan Rd. and Hickory Creek Rd. Size: 58,351 acres. r Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning boundary or district. Once heard and approved by the Planning and Zoning Commission, a pubiic hearing shall be held by City Council before any proposed amendment, supplement, or change to a zoning boundary or district Is adopted, If the Commission recommended denial of the zoning change, a request can be considered by City Council H the applicant submits an appeal in writing requesting that City Council review the Commission recommendation In case of a written protest against such charge signed by the owners of twenty (20) percent or more of either the area of the lots or land Included In such proposed change or the lots or land Immediately adjoining the proposed change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council. Furthermore, a favorable vote of three-fourths of all members of City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement or change be denied, 11 •ba . Y 1 1 1 .l 1t I 11 y 4. 25 32XIII e 0 0,00REHE SIVE PL AN ANALYSIS.' ~ ' , ~y A ' , f ~k ' 1988 Denton Development Plan Analysls , The 1088 Denton Development Plan (DDP) shows this area to be within low Intensity area. These areas emphasize low density residential land use developments: They are Intended to protect low density residential areas on the fringe of major activity centers. Development within these low Intensity areas Is limited to 60 trips per day per acre in order to balance development with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. DDP Policies Analysis Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy i) Significantly Somewhat Consistent POLICY COMMENTS Inconsistent Inconsistent ntent. These areas repr ;ant x ~ lily, imary housing9areas wiNIn the IheePtany. To b,1 consistnI wI not exceod fts ell°Em Intensi y, x Site Plan Control. Strict Iv dev oDmgn control lprydtlinro~~e T,soo poet Gf axlstiw Straight zoning does not Censity res}denlial areas,nglo require a site plan, x Tra tic eel n. Access should e p ov ded r"' ure that multi- amil or non restr~ anlial uses ave eccess to collecto(s or 11aesrr arterials with no Cir ct s els.~rough residential x 0 on Space, uttiaient green ' s8ace recreabonal racilit, 8 end d varsity or parks are prov4de°. x Publl FIVIcl~ Ilon In ut Into A neighborhood meeting bboo o was conducted and ~sioc,aQioX encouncils Is received good encouraged. participation. Long s* DlvorsiV. op- This proposal does not r si enhal end mu i-fami % encourage nonresidential eyeloprnenl s encouraged to a or multi-famiiy uses ,mile agree. x onu ctura jl o, sing. This orm orsin i -for ipy housln ma a lIh ~ ition, wnslpeensity a aces ~u~Jec~~ NA { tri Commercial. *r o • sprronnaYY°g our toe 7cpel~ef ` low Imansi Brea x 3 it MM li s. I 10 P 111 ~~n... k s 0 max. • MTO PLAN p -1010- N A10 8l1 ' R'Tr" ~F r a N 77 ` The proposed development generally complies with the Denton Plan Policles. The traffic generated would be approximately 1,751 trips per day while the policies allow up to 3,501 trips per day for a residential development this size. Water, wastewater and electric services are all accessible. This development would be also required to contribute to parks development, as per the Park Ordinance. SPOOK, INFORMA1" 0 . s,A, a1` Ai. ~Y,t l: ~ s~,;~ j .±gh}„ M. , 1. Transportation A. Trip generation: The traffic counts on Teasley (F.M. 2181) In 1997 were 7900 just north of the Intersection with Robinson Road. The DDP calls for this low Intensity area to generate no more than 60 trips per gross acre per day. This 58.351 acre tract appears to be In compliance with that standard, generating 1,751 trips per day (30 trips per gross acre per day). B. Access: Access points will be minimized on F.M. 2181 and encouraged on the collector streets. C. Road Capacity F.M. 2181 has the carrying capacity to accommodate this development, especially in light of the required construction of the collector street along the southern border of this property. Current traffic counts on F.M, 2181 are 7800 trips per day. This count was taken just north of the intersection of Robinson Rd. and F.M. 2181. 1 0. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 4): j Water, An 8" water line Is loc3led along F.M. 2181. Wastewater: Sewer Is north or this tract at the PD-36 (Single Family) development. Flre: Additional fire hydrants may be required at time of development. This will be determined with the platting of the property. 3. Drainage and Topography A complete drainage plan will be developed at the time of preliminary platting. I 6, 1 10. 32 X I i snarrn ENCLOSU.E 1 I NORTH FREEMAN PROPERTY j ni~~: Z;v~ A p V&F7 IV 4t A Trr J.m rPD ~ R I I TJ L A r SF-7(c) •I A PD s _ s KORY CRE Ks FM ]A ZONING MAP • 1 f r t r. Belle: None 1 7. { Vto... yibv!/rniu~Rrpruf LVS-0/h diw 1 i 25 10 312X1 MINA I c+coo~ i i II LmMIN I i i i i ENCLOSURE 2 NORT1i FREEMAN PROPERTY . e K. lei All I F us. 1 R 8" SEWE LINE , SfTE ~ 8" and 18" WAT R-L•IKESJ , Pop I_ I FlAr HI KORY CRE K RO g1 sa+1 SEW R LINE 1 - UTILITY MAP • Water Line 1 Sewer Line Scale: N Iwnarq m!d hniy(R,/a•l L~U~OJr Arn' I ~ • I 25 x.32 x 10 i S O 1 n ENCLOSURE 3 _ V ail ' III yI s IJ , o p, J!, 2 i QZ S irtuR! Q dut~t~ JC.n. srr~taa- l1 rFa CRrcfi F 5g, c yr Bo OAC v y3. 'l91IG , E'1~c~uefr ,rg.35/ mac.. A lolB Iii f[a~ ' Acme ,e~crc~r.co. ~y Ac 4.97! • x~~' 86 ~fc 1000 0 i000 2000 3000 9000 Feet N !'lnonmV nxd Lnnw,~P7r4 GVY-prF. rlix' 9• i1 f - - ~r ati K p 32XIO td~ a e aaaasvw • • o ' xaaata. ENCLOSURE 4 1998 Denton Plan Policies Analysis 2-98-041 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Stall finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy Not CATAGORY POLICY inconsistent Applicable Consistent Tromportstlon. Ccmphmenu Denture's Lona-Range Thoroughfare Plan Pronntrs Access blanaarrrcnt Practices Optimizes opentionf for emergency urvlee provide" and X other public service providers Promotespubtic transporta5an system. Contributes to the Denton Traits network. Storrrswater Drelnage. Protacu IOa year floodplaln areas in accordmce with Denton's X watervhcd numeetri plans Conforms to local subdivision resulatiom. X Contributes to regional detention facilile, x Provides for natural riparian environment along floodplain. X Upgrades eautins substandard ii systems as inRII and X n development occ ate. Hater and 11,111ewsler. Dc4eps and nslnuins property and private inhutruqure, Creates opponuniry for ovenh ,ng toner rod wastewater limits X to meet future dcvelopnxnt demands. Provides review of pruposed water and wastewater X infraitrvrtore to ensure public Pfrry and health, Promotes Inf 11 Improvensrnts over new line extensions. X Tlrctric. Provides underground electric service rot new residential and X nonresidential deveh!p rtxnt _ J S Solid N'asti. Pro mutts eRrc lent uc en to all development rot solid waste x service drlrsery . parks and Recreation. tocaues parka and recreation facilities in accordance with the x Peaks and Recreation Sinitic plan. Enhances Part and recreation nppomuiiiies rot residents x Pmcrv es floaiplain for parkt and open apace to aid in X 1 noWain conservation Mors Allows combining of pmswlth other public heihliesto x achieve mslt Rrclise delnery ofyublie rervke. Q Raidcnlid daetopment should drdiule land or fees in lieu of x land for neighborhood perks, 1 linviranmental Quo lty. Promtutes preservellon crnarunl resources X P"O'deAl,1,ri 10. l 32xi❑ ~ .p 1 I f ~ a 0 .,Sam" % r y Damon Plan Polley Anayala Summary Development Rating w. Policy Not CATAGORY POLICY Inconsistent Appircabk ; Consisknt t t Int<gnus envtronmmtaI protection with econonfle grow9A and x i t commmity dtvelopmenL Ndgbborhelods. Provide access a public and community facilide foe r<ddentlal nelshborhoods~ X Enwurages a mixture of land uses gut benefit residents. X Protects and preserve existing neighbotisoods I Promotes bkyck and pedestrian traffic with'm and between nel ghboAroods so reduce v,hiculsr tips. L Neoalag. Provides a range of housing types that appeal to differing eonomk and individual life-milei Wes a variety of sinle-hmi!y suttits, building aim, and price naps. ti Preserve existing hating, Including tlfardoble Muting. X r.' it ' Inertaseainfillhousingeonstrucnon x ,,yak. 1 Etooomle Dlversl!letlon. Contribute to a strong and diverallkd I cal economy by htcre.uing ernployment and expanding w to bee. Y, X Government, Eneounges lntertmMrrenul Coordination to provide Mt- x yC, effenive public aerviet, % Urban Dtelp. Addresses tommun sty appearente in a eon"p tnalve nunnef. X q. DireniAe an:hitectnnl appearrne of built en rimment Neigi.borhood In rill development should be convotibk with X existing land usea and butldinp, t ;.'1 Protects and preserves Den Lon *a s mbitectural, cultural and r hiatorkalrtmmts J x EnhJnen the appelnme along ft*or ortweeways rl Prometes the preserv stion of into and lardscoping, Pvbllc involvement. Provides an oppam,nity for public opinion during the planning - f pfoeelt x r n p r' I k rr Ralf Aepv r C.Np -p H,! r ile y 32 B .a•craan • ,arm Linda Hotley - PdZ101498MINUTES,doc Page 1 ATTACHitiENT 2 PLANNING A DIZONIING COMMISSION DRAF October 14, 1998 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 14, 1998, M 5 30 p m. in the City Council Chombors at Coy Hall, 215 E. McKinney, Denton, Texas' Present, Elizabeth Gourdm. Salty Rishel, Susan Apple, Jim Engelbrecht, and Carol Ann Ganzer Absent, Rudy Moreno and Bob Powell Present from Stall. Mike Bucek. First Assistant City Attorney; Mark Donald.,^., Assistant Director of Planning'. Trine McElreath; Wayne Reed, Planner I I The meeting was called to order at 5 30 p. m. Video and audio not ove4ble, for transcription 1. Consider approval of the minutes of the September 9, 11911118 meeting. J Me. pia motioned to approve, seconded by Mr. Rishel. Motion carried un. (5-0 I CONSE IAOENDA 2, Consldor sepeoval of the final plat for lots 1 through 4. Block w ka Addit ion, The 11.006-acre tract Is locayd on the southeast corner of Hobson Lana//Fd Country Club Road (FM 1130). The property Is zoAscl Office (0) and Agriculture (A). Three {3) single-family lots and one (1) office lot are proposed. (FP"98-093, Davis Oaks Addition; Trlns McElro ) i 3, Consider approval of the preliminary plot for Lots 1 jhiough 8, Block A; all Lots 1 through 24, Block B, Leslie Oaks Addition, The 7.68-acre tract Is located on the want aids of Bernard Street, south of Wlllowwood Street at the dead end of Leslie,ftraet. The property Is zoned Single Family 7 (SP-71. Thirty single-family lots are proposed. (PP-68-095, Loolle Oaks, Trine McElreath) i 4. Consider approval of the preliminary 4I for Lots 1 through u, Block A; Lots 1 through 32, Block B; and Lots 1 through 42, Block C, Choy~`pel Estates Addition, The 32.76-sere tract Is located on the north olds of Hickory Creek Road, wset Teasley Lena (FM 2111). The Property Is toned Single family 7 (3F- 7). 120 singledamlly lots are pr ed. (PP-96-091, Chaucer Estates, Trine McElreath) I Commissioner Engelbrecht Ms. Apple motioned to approv seconded by Mr. Rishel. Motion carried unanimously (5 - 0) PUBLIC HEARINGS - R LAf! 6. Hold a public h ring and consider approval of the smandsd preiminary plat and final plot of Lots 1/R S and 11A, BI E, 04 the Sundown Ranch Addition, being a replal of Lot 3, Block C and Lots 16 and 17, Block E. he Rundown Ranch Addition. The 0.684•scre tract Is located test of Teasley Lane, aI oxl sly 1170 feet south of Wind Ill Lane In southsast DenWo. Singksdamlfy residences are propos , (PP-98 096 and F111-96-011 Lots 16R and 17R Sundown Ranch Addition, Mark Oonaldson) , 6. Hot a public hearing and consider spprovat of the preliminary and Rnat plats of Lot k3-R, Block B, of t East College Addition. The 0.322-acre site Is located on the southeast corns? of "'n Texas air"( d Wood Street Intersection. The property Is In a Single-Family 7 ISP-71 zoning district. Purpose of the plat Is to construct a single-family house. (PAP-98-096, East College Addition, Wayne Read) 0 . ` PUBLIC HEARINGS ,-_ZONING CHANGE ZOO 7 Hold a public hearing and consider making a recommendation to the City Council concerning the 1 rezoning of Ill acres from Agriculture (A) soning district to Single Family (SF-10) zoning district. The propony Is located on the west ids of FM 2111 (Teasley Lane), approximately 1,000 feet south of i 12. I~ mom 9 , - o FWiF.4"M Linda Holley - PM01498fdINILITES,d16c Page 21 Planning and Zoning Commission Minutes October 14, 1998 Page 2 of 1 Robinson Road, between Ryan Road and Hickory Creek Road. Single-family subdivision to proposed. (Z-98-048, Freeman, Trine McElrealh) Commissioner Engell fechl. Items 7 thro :gh 11, then, this evening are public hearings relating to zonirg changes. Item 7 is hold a public hearing and oonsiJer making a recommendation to the City Council concerning the rezoning of 58.351 acres from Agriculture zoning district to Single Family 10 zoning dlstrlcl. The property Is located on the west side of FM 2181 or Teasley Lane, oppralmately 1,000 feet south of Robinson Road, between Ryan Road and Hickory Creek Road. Single-family subdivision Is proposed, The staff report wEh be given by Ms, McElrealh tonight. Ms. Trine McElrath prosenloJ the staff report, Ms McElrealh: Members of the Commission, the Denton Development Pian for this area shows this to be within ■ ; low Intensity area... Ms Gourdie Excuse me, Trina, your microphone's missing. Can you speak up a little bit? I didn't hear you, Me. Apple . Yes, Richard just took k, Ms. McElrealh. Okay. 111 speak louder Ms. Gourdie Thank you Mr Foster. Test, t,sl. Ms McElrealh, Oh. Okay. Ms. Gourdie, Thank you. Ms. McElrealh. I can move now. The Denton Development Plan shows this ores to be within low intensity area. Development within these low Intensity areas Is limped to 80 trips per day per acre in order to balance development wit' road capacity Staff finds the proposed development to be consistent with bath the policies and trip Intensity standards of the 1988 DDP. The proposed development generally comp4s with the Denton Pion Policies as well. The traffic generated would be approximately 1,751 trips per day, while the policies allow up to 3,501 trips per day for a residential development this size. Water, wastewater, and electric services are all accessible. This development would also be required to contribute to parks development, as per the Park Ordinance. The traffic counts of Teastey or FM 2181 In 1997 (excuse me, we've hod o more recent update than that) were 7,900. That's 1998 count-1,900 Just north of the Intersection with Robinson Rood. The DDP calls for this low Intensity area 10 generate no more than 80 trips per prca acre per day. This 58.351-ass tract appears to to In compliance with that standard, generating 1,751 trips per day or 30 trips per gross acre per day. The access points will be minimized on FM 2181 and encouraged on the collector slrats. And as ;ou can see, there are other routes to be taken besides just 2181, Including a collector that isril on this, that goes on the southern border of this property that the developer will be required to put in. Twenty one-elghly one has the carrying capacity to accommodate this development, especially in light of the required construction of that collector street along the southern border of this property. Current Iralfic counts on FM 2181 are 7,900 trips per day, That was taken just north of the Inlerecton of S Robinson Rood and 2181, The subject property hot been coned Agricultural sines it was annexed Into the city with Ordinance 88-78 In 1988 The most recent toning use In this area of town Is toning 01-034, the Weatherford Addition located southwest of the subject property. This changed the zoning from Ag to Single Fam y 7, conditional with SF-10 on the borders and allows single-family residential lets of 7,000 square feel buffered on two sides by resdenlial lots of 10,000 square feel. PD-93, to the north of the subject property, allows single-family residential Ws of 8,000 square feel with multi family and some retail, There was a request to retons this trod to SF-7 recently, which failed at City Council. The applicants have reconsidered the request and resubmitted the current lit request The difference in the traffic Impact is 1,751 trips per day with the current request of SF-10, versus 2,334 1 trips per day with the requested SF-1. That's more than a 25-percent decrease In projected traffic. Noi" of this toning request was sent out on October 4th, and eight property owners were notified. The applicant approached fl neighbors with the new proposal on an Individual basis. The surrounding property owners were clear In their opposition to the proposed SF-1 but did tnd+cals support of alternate toning, such as SF-10 or more restrictive toning As of this writing, there has been one response in favor of the request The 20 percent rule b not In axed Thank you 13. E , 0 ' ' raareaeaa O Linda Holley - P&Z 101498M I NUTE S doc Pape Planning and Zoning Commission Minutes October 14, 1998 Page 3 of 1 Commissioner Engelbrecht Commissioners, any questions of staff? Ms. Gcurdie, Me. Gourdie: Could you please break that down for me-first of as, I'm confused, Are we going-it says 7,000 square foot buffered on two sides by single-family ion? Is that still what we're doing, or are we doing as SF-107 Ms. McEiroath: All SF•10Ms, Gourdie: Okay. And how manly homes will that produce? Me. McEeeath, I didnt calcutate that. it's-I'd hays to calculate that, s you'll give me just a second. Mr. Oonaldson. A general rule of thumb would be about 3 homes per more with SF-10 So, we have 58 acres; 4 you're looking at 174 units, on that order. Ms. Gourd: Thank you. Oh, I did have another question, rou said that we're going to encourage alternate routes in and out of this property I'm jusl curious How do we encourage people to d0ws-their behavior Is to telie collector roads other than 2181? Me McEireath: By providing additional access points Is how the staff would encourage It. Instead of having as access onto 2181, we wA also have aoce is onto the collector. As a matter of feet, David Salmon will have to speak to this, but I'm not sure IhC access will be allowed on 2101. But he'll have to speak to that. The access will be focused on the collector street. I Ms. Gourdie Thank you, Me, McEireath: You're welcome. Commissioner EngelbrechL Other questions for staff? No, Thank you. 1s peikioner or petitioner's representative present? If to, would you like to make a comment? If you would, give us your name and business address, please, Mr. Corwin Giiod evening, My name is Warren Corwin with Corwin Engineering I'm here to represent the owner and the applicant of this property Trine did a good job of filling you In on the case. We were here, on. six weeks ago or ao. and we've upgraded d from SF-7 to SF-10. We had your favorable recommendation on the SF-7, so I'm hoping that woo have your earns favorable recommendation on the SF-10 I'd be happy to answer any question,, Commissioner Engelbrecht Commissioners, any questions of the petitioner? Ms Apple. Just a comment-I'm real pleased that His going to be SF-10 because I think that the neighbors an probably pretty happy about that, aren't they? Mr. Corwin. On, yes; they are because we don't have the opposition that we had before, to It's make It a little Basler not having to have the super majority vote h Commissioner Engalbrechl: I understand you did contact them In between this pro-processing. • Mr. Corwin Yes. We've larked to the owner to the north, told him what our plans were He said he would not be opposed Commissioner Engelbrechl. I appreciate your contacting them once you were back in the proce ss again. Any other questions? Mr. Risher As I observed the City Council hearing that was done at that point In time, I'm not Quite sure I Ward the . rermmendstion, the staff recommendation Was s their feeling that the C8y Council would be in favor of SF 10 as this wee rejected previously, partly because of the density of that area and partly beususa of the potential (ripe on Q that road So, them were multiple things that were InvoNed when this wig rejected originally by City Council. Can I gsl some afeft input on that? Mr. Donaldson I dor l behove you heard a comment from staff regarding what City Council may do. The number one area of discussion at the Council level was obviously of the impact on Teasley Lane and its ability to 14. 10 32 x i s MAIN a~~ara ' o Unda Holley - PU101498MINUTES,doc Page 4 Planning and Zoning Commission Minutes October 14, 1998 Page 4 of 1 accommodate any additional traffic given ell of the development along the corridor, This :.oning request reflects a 25% reduction 0 the traffic estimated trip generation and, you know, is a significant way down to the bars bones toning of Ag zoning, which would allow on the order of, you know, fifty single-family units anyway. So, it's somewhere fairly secure between the SF-7 and the Ag zoning. Mr. Risher: And h there shit access to Teasley on that, with this plan? Mr, Donaldson. We would look at that at the platting stage. The master thoroughfare plan Is showing a collector street along this property's southern border. We would, ea I said, encourage The -4 points Into the neighborhood from there, We would more than likely allow some limited so"%$ onto Teasley Lane, perhaps one or two different access points, depending on their distance from each other from any other driveways that already I exist, Mr. Risher, Thank you. Commissioner Engeibrechk Any other questions of the petitioner? Thank you. Is anyone presanl who would like to speak In favor of this petition? Anyone present who would like to opeak In favor of the petition? In that case, anyone present who would like to speak in opposition to the petition? Anyone present who would like to speak In opposition to the petition? There was no opl itan, therefore we will pass the pet'itioner's rebuttal and close the publk hearing. Me McElreath, would you please give us any final staff remarks and the staff recommendation, please. Ms. McElreath. Thank you. Staff recommends approval of Z-98-048 as the proposed toning is consistent with the y intensity Demon Development Plan, and the proposed zoning Is compatible with other zoning In the area. f! CommissionerEngelbrecht. Commissioners, any firial questions? Ms Gourdia I would still like dardoation on the roads Commissioner Engelbracht Okay Ms. Gourdie I still don't know how we encourage anything when your collector road still takes you to the some access point. Commissioner Engelbrecht Mr Salmon. Mr. Salmon The proposed collector we've been lalking about Will Intersect Teasley Lane somewhere near the southern portion of this devekopmenl and Wil continue in an east/west direction and then turn, be connected with Monlecno Road up through the, I Think It's the Good Samaritan Lake Forest Village, Eventually, people who live in this subdivision, when they leave, will have the option of either going out to Teasley Lane or going the other way out and then getting out on Ryan. At some point in time, people who live In [his subdivision win have a choice of which way they want to go. They won'[ have to go out on Teasley. Ms. Gourdie I guess I'm confused. Why would we take Ryan Road being that-Is it still a two-lane road right now? Mr Salmon Well, I would assume that Teasley lane *4 always continue to be somewhat busier than Ryan As an example, you know, d you want to make a-if Teasley Lane becomes exceashvely busy and you want to make a leff turn and it's hard to do Oil, someone may choose to go out to Montecito Road and then Ryan Road and Men-lot instance, if you were going somewhere off Country Club R. +d or somewhere over on roil worth Drive, that'd be a much better alternative then to try to get out on Teasley Lane, Even M you want to get out on Teasley Lane, No more likely we're going to have a signal at Ryan Rood than we would the collector street and A's much safer to turn left at a spnal'ized Intersection than it is an unsignalized inlersectlun. It's really all going to be a function of where 0 the sigmh end up at, whet roads might have the most traffic, You know, traffic Is sort of like water or electricity, I , mean, people lust drtve the path of best resistance. If and when Teasley Lone becomes difficult to use, people are 0 going to wont to use the other way simply because No going to be easier. Ms, Gourd ,@ Is 2181 schedured to be widened? Mr. Salmon Not that I'm aware of. The Higr, ay Departmenl has not Indicaled to us any pram to widen that In the 15. i .car x-„r > 3 2 x I e moo. o , Linda Holley P8Z101498MIkUTES doc Page S~ Planning and Zoning Commission Minutes October 14, 1998 Page 5 of 1 foreseeable future Me. Gourdie. So, what we're going to have is, because I've been taking-instead of coming up to Lillian Miller to get home, I've been taking Swisher end driving that route, and I tell you I have to ht my brakes constantly at 60 miles per hour. I'm constantly slowing down for le4 handers and right-hand" It's a scar, road to be on; $ have to tell you that My options are nil to get home. Either way I'm In trouble. But I'm Just curious because I doll see any hope In this area H the road's still two-way traffic coming and going. You're hitting your brakes, even M we hove a right-hand tumout, we need a wider road to make lell•hsnd--or slow N down to 35 miles per hour or something because It's not conducive to opproprWo driving. Were given a Speed limk, we drive hard, we drive fast and then all of a sudden we hit our brakes. And wire going to be dealing wish-what-1,751 vii ieie trips whet-the path of least resistance right now Is going to be Teasley Rood, It may become habit forming, and that's when they're going to want to go. And I find this really not an option to say, 'Wee, they'll take this road up to Ryan, and they'll take Country Club, and then they'll go over to Fowl Worth Drive' You yourself Just said 'path of beet resistance Mr. Salmon: Right. Me, Gourdie' To me that's not the path of least resistance, so I'm kind of curious how are was going to keep people safe? Mr Salmon: Well, we can't keep people from going out on Teasley Lent. I guess what I was saying "venlualty the street wilt tanned with Ryan, and I know 01 lived In that subdivision end I wanted to go to a bull mesa on Fort Worth Drive. I certainly wouldn't want to drive out to Teasley Lane up to Rysn Rood and than back over I'd J DI go straight out to Ryan Road, So, you know, some of the traffic will eventually go out the other direction. Obvici the majority of traffic probably will still use Teasley Lane, but there wi8 be an alternative for people. The other thing we've been pretty consistently trying to do wth all these subdivisions on Teasley Lane Is to provide left. and right. turn lanes at the entrances to the subdivisions So, the problem you spoke about, you know, having to wait feu people to make left turns should not occur at any of these subdivisions that are currently being constructed, because they will dl, at some point in time, have right- and left-turn loner M their entrance , You'll have a through lane end you'll hays a left4urn lane, so Someone wanting to turn left Into the subdivision is going to be able to gulf Into that left-turn lane end stop, and They wool impede the through traffic. I mean, obviously, we can't go beck and fix the ones that aren't already like that Ms Gourdie. Right Mr Salmon but we're trying to get on all the new Subdivisions that are coming In on Teasley Una. Me Gourdie, U that a consideration for this one? Me Saimoa Yes Ms Gourdie, Are they being requested to put in a left- and a right-hand turn? Mr. Salmon Right, We've made comments concerning those issues to the developer during our DRC meeting We haven't gotten Into • let of sp^cifioa yet because they havent quite reached the platting process, but we have already put, I guess, that bug in their ear that we're going to be lookog for some turn lanes when they come to plat 4 Me Gourdie Okay Thank you Comrlssioner Engelbrecbt Any other questions for Mr. Salmon? Thank you. Any other questions for staff 7 That being the case, its there any comments or a motion? Ms Gourdie: I have a question for legal, lf 1 may. I'm just curious-thle Is a9 conditkaal upon them getting their . zoning, end then the platting process comes through, and that's when staff comes forward and says. 'Okay, we•d really like these turn lanes here`; and they say, 'Well, ft's not in our budget. We just cant do 8.' How does that 0 work? Mr. Bucek, Well, In the Subdivision Rules and Regulations, we have guidelines as To when gas IrAMVC reaches certain counts feat we can require certain lmprovemens So, 0 Engineering, when the plat comes In, 6 the developmenl has to many trlp$ end 8 meets the Subdivision Rules And Regulations, they can ask for the lefl•turin 16, MEEL-M ;y~ 25 -4 10 32 x I o 0 Linda Holley - PSZ101498MiNUTES loc - Page t3 Planning and Zoning Commission Minutes October 14, 1998 Page 6 of 1 lane or the right-turn lane. If they don't provide R, then the reoommendatan to you, when the plat comes in without that approval, Rs recommendation would be denial. And then you would have that opportunity. Ms. Gou4e, But we will be informed that ii mean, because somelimes We like we missed a step when R comes back to us In the planning process, because it's pretty much a Consent Agenda Rem most times, Mr. B-icek. Right. And that's the problem with the plate. Occasionally though, N the developer feels like stairs reading the Subdivision Rules and Regulations Incorrectly and that we're being too restrictive or too many requlreme mils, they have the right to present the plat the way they want to present R, and you have the right to, even though stets makes the recommendation for denial, you always have the right to overrule staff on that, What usually occurs-the reason why you're not seeing R-is most of the time, because the anginearing standarde, the drainage standards, and all those things are so straightforward in the subdlvislon rules and regulations, that all developers comply. So, when they come up, there's nothing in dispute, and that's why you're not seeing B. The real nature of the two-zoning, there is a let of Jurisdiction or a let of authority In the City Council when you're looking at zoning. That's considered a discretionary or governmental function, When you're looking at platting, N's ministerial, and that means you just hove to follow the guidelines-do the street$ meet the master plan? Are the ordinances complied with? If they are, you have a very difficult time voting against them because, you know, the law is pretty clear on that, That's why We so straightforward, and that's why you don't hear about e, but for can aim, d what Dave to saying loday-R staff Bays there needs to be a led-hard and Nhl4urn lanea and they don't agree to do R, you'll know that when R comes up, We a be lelling you, Ms Gourd a Okay. It will bee separate dem on the Consent Agenda w be not Mr Sucek Right It won't be on the Consent Agenda. It 11 be on the regular agenda. If they give the left-turn lane and the right-turn lane, 41 be on the Consent Agenda, and unless you read the report you won't, or see R on the ptat you won't realize what occurred. Ms, Gourdie Okay Thank you. Commissioner Engelbrecht. Any other questions for staff? In that case, any comments or s moron? Mr Rrshel. I move to recommend the approval of Z-98-048, MI Ganzer. Second Commissioner Engelbrecht It's been moved and seconded to recommend approval Any discussion on the motion? Ms. Gourdie. I would just like to see this developer to please put lo those turn lanes It's very important, I know you can't speak right now, but do just a request that the opportunity pul forth and made possible. It's wry necessary fairness. Commissioner Engelbrecht I understand Any other discussion? In that case, all In levor, please raise your right hand Motion carries unanimously. IS - 0) e Hold a public hsering and consider making a recommendation to City Council regarding a-rogwBtio Vinefill pardon of the approved concept plan for a planned development gone dINrIN (pD-tbs. The 131.36 of fats Is located along the southwest tilde of Interstate 36111, between Lillian Miller and State School A muNiple-use development Is proposed with Light Industrial, Oenarat Retail, Dike. Multl-Family, ■mlly and Racreatlon uses. That proposed amendment reduces the land for light industrial, office, slrips farglly and recreational uses and Increases the land for general retall and multi-family uses. (2.66.044, 11106:10, Mark Donaldson) • Commissioner Engelbrecht. Rem 8 this evening. than. is to Hold a public hearing and consider making a recommendation to oe Cry Couno4 regarding a request to emend 1 por(iyn of the approved concept plan for a planned developm6nt district 20, The 134.365 acres of land is located slonp'the aouthweal side of Interstate 35E between Wfin Miller and State School Road A multiple-use development s pr'bpaKwth Light Industrial, Gen elsil, Office, Multi-Family, Single-Fomly and Recreation uses The proposed ameftP44 reduces tat laii for kpla industrial, office, single-family and recreational uses and increases the land use for genallkretaN and 17. Xk= 1, 4_ %il , 32 Li mops" 0 FiIFFUq~ Z-9&048 ATTACHMENT 3 ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO SINGLE FAMILY (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 58.351 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 2181); PROVIDING FOR A PENALTY IN ^1E MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING t UR AN EFFECTIVE DATE. WHEREAS, Warren Corwin, P.E., with Corwin Engineering, on bchalfofJoc and Teresa Frecntan, has applied for a change in zoning for 58.351 acres of land from Agrculturc (A) zoning district classification and use designation to Single Family (SF-10) zoning district classification and use designation; and WHEREAS, on October 14, 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 1. That the zoning district classification and use designation of the 58.351 acre tract of land described in the legal description attached hereto and incorporated herein as Exhibit A, is changed from Agriculture (A) zoning district classification and use designation to Single Family (SF-10) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas. Section ]l. That the City's official zoning map is amended to show the change in zoning district classification. Section 111, 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 violated shall • constitute a separate and distinct offense, Scction ty. 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 _ is. 10 32X10 1 f~ . O i f f t M i : • : ~ ..._».~~.er ..tin...,d.wnx.e'qd:MVMpa•QVF'6;1nAMrwv.v.i.~wwun~.+w..,n.e... ~ . Z•~e ' • i t t I f i ATTEST: JENNIFER WALTERS, CITY SECRETARY i i BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: zt~L 1 I I I r 1 1 4 t. 1 1,11'c • h. 1 I• ~ O • ~ r . 19 :ra jw"m n wi r`~I•P~ ha~~~*.N y'+~~~ G. 6 , q 'V fr^ ly' e r 1 G n L,vv.,,•y.w. _,..e .x. k='l:M1MfW"Mdt /V,FnI PA Vr:i Y•a,'<.+ ew n.!ry ~ i° ATTACHMENT 4 i Z-98-048 (Freeman) ~,{~~~j.7 a }AI, I 1 Fy,yi R~ M ! A~ ~ : yi P~ Iylj~l R I k~ ~ ll~, nl i I I Photo 1. View lookkq east at property across ;hob 2 View lookkip north s" Teasley Teasley Lane from su*d property. Lens from the east side of" road. L. ~ d ' 1 i I Photo 3. View lookkp south s" Teasley Photo 4. View of su*d property from the east Lane from the east side of the road. We of Teasley Lane. r' . I i i . f 0 r` r I 20. r v ly R QxA -Aff 25 10 x 1 9' a 1 0 a x,r*r•. j Ii Z-98-048, Freeman fir h IY vo u e 5„ .F.. ~ T{t'. f n( j'C riti a~l„ti'!H'~1 ~ L~ 3 gyp,°~j IU t fy i M,~ Ny r' I ~ 4 1 ~ pp L ~ ~ tly ~in~~l~~i M1~[ P Nf !y ~ C~ k~ri r r ~♦Yf J~~rfy`~L jlt•?r~ ~~~'~'MS~f~+l,}~~a~STty'~}41% A`Yy~y~~'V~~" ~q°~1~'~~~la ~n ",fin ~~~I,~i.~~~lr'7..~' ~L •~,{"d~~fi lyl~~~ c 1 ~ r 71~ f .x j~~~f;~~„~u n~NF''F 7,Ca y,•1 i. ro I~Y~ , 0.i of i /+4 ,~,.r rrA:X~I I .~~tiy, r i> ~Vj ,r "4 E yr7,IMAW11,51 4i w p~~;~.,.: M1' y 1 6 N r I i Photo 1. View looking east at property across Teasley Lane from subject property, e 3 2x e ' a Z-98-048, Freeman r /h ~ l'I~~ r d ' e r, ddr 'M~~, • Lll 1v,r'..i ..54>., w l1ip "Im'15 e`d w, i~~'" t l'~ry NV L~'.YY I i} t'f lyH~ ~ r+ i rr "f ~ rR ~ yy df~ '9~~ ~ 5 r P I k~J n "r""T `ire' 'kN+,W tX~~n kw 1 Ip~~r~jM J~~`~°~M iW I f*. ~ ~r ~h h rs ~ ,ly" wk r~i .~~~-jil. r ~r~wJ~~i'~r. d~ ~I y1rF {,q:5~, "i♦~' ~C ~~a1N ( v~1 b~~~~+w$~f~` r ~w ~~'~~~'4 ~ ~I In'~ '~~}j~ ~f~' • ~ ~ ~ ~ I i N ~ " I lI 1i Photo 2. View looking north along Teasley Lane from the east side of the road. • 9 r ~ o Z-98-048, Freeman f I' N W 1 1 1 Y I Photo 3. View looking south along Teasley Lane from the east side of the road. 1 e • ~ o e . , 32x~[I C I YGIY4A4 i 4 ~ I I Z-98-048, Freeman Photo 4. View of subject property from the east side of Teasley Lane. 2li 32x~d ?A il, r rF. 1 ROAM ..\r r ...R ♦ irn .Y M1 1•.IWvN. W`r.r, .r4+r VnM.V. baH r,-!'rA ~ r...... ~ . It`{ ATTACHMENT 6 ACCESS TO 1-35E FROM TEASLEY LANE CORRIDOR i Fort { Teasley Worth Lee Lillian Drive Mitler Parkway State School Road Post 00V Shady Shores r 6wiaher Road Freeman Trail ACCESS TO 1.35E; To Denton: 1. Fort Worth Drive r Z Teasley Lane 3. Lillian MII1sr Parkway 4. State School Road To Dallas 6, Post Oak ! Shady Shores 6. Swisher Road r A' I" 26. T{' i' 2a K 10 , 5 MIMI M ' k ,:'4.4::1 . • rt: x.:'1 r ✓1..~ f . ...i~-, ~ ,;r.•. . ATTACHMENT 5 Development Contribution to Traffic Mitigation Residential Platting and Zoning Activity along Teasley Lane I ~ 4 Wind RUwr Estsles, SF-10, $F•7, 0 434 tote 124ftodl $16,000 T81 Freeman SU, TOD Possible 232 loo - r Sundown Ranch, $F•10. 8F•7, A,0 Construction of a Collector 433 Lots Flatted Street Wong the Southern Right Turn Lane off of South Boundary and Other Entrance and $16,000 T81 Improvements To Be Determined (if Aoctoved) ]q1 Sumntil Oaks, PO-162 ja $F•T std. Oaks or Montecito, SF-1 - E 337 Lets P4tbd 232 Lots Planed Left and Right Turn Lana off No Traffic Improvements of 21 it and $10,000701 Required Weatherford Tract, 6F•10, SF.? Possible 12e Lob River Oaks, SF•10, SF-7 _ Iii Turn off of Hickory 678 Lots Pianed _ Creak Rd. and 16,000 TSI Left Turn Lane off of Hickory Creek Rd., Right Turn Lane at Teasley lane from Hlckory HUM Creak Rench,af•1 Crack, end $16.000181 218 Lets Platted Left and Right Turn Lana R ulred off of 2161 and Smog real y A total of 2,332 lots have approved preliminary plats. 0 An additional 128 lots (32 acres C 4 units per acre) could be platted on recently rezoned lard. The proposed Freeman trect could result In or+ ,oximelely 232 additional lots (88 acres ® 4 unite per acre). In local, the Teasley - Hickory Creek corridor could result In 2,842 singte-family homes. Q Future traffic signals are to be placed at these Intersections, using Traffic Signal Improvement 0 (TSI) funds. pO There Is a new signal et the Intersection of Teasley Lane and Lillian Miller, i 25. 4 ! a 32'x i rsa" o i AGENDA INFORMATION SHEET agenda ' Agenda ,,,.n// s7t~~ Date I AGENDA DATF,: November 3, 1998 DEPARTMENT: Planning Department qq CNVDCNI/ACNL Rick Svehla, 349.7715V16 S IBJF,C L - 7.-98.043: (Trim ,$-slrms) Hold a public licaring and consider rezoning 3,88 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district and approving a detailed plan allowing for light industrial and airport related land uses. The property is legally described as Tract 3 of the William Neill Survey (Abstract 970) and is located on the on the southwest comer of the Airport Road (F N1. 1515) and Wcstcourl Drive inlerseclion. It is just east of the Denton Municipal Airport, hlnc proposal is to (o construcl a nnanufactudng facility. DA tOl N'D The applicant, Mr. Martino, is requesting to rezone the subject property to a planned development zoning district to construct a light industrial facility. It is located just east of the Denton Nunicipal Airport The proposed development is consistent with all of the policies of the 1988 Uenion Dcvclopnncnt Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (sc,• Allaclunenl i - Comprehensive Plan Analysis section). However, it did not conform to either the hveuty percent (20116) open space or fifteen (0) trees per acre requirements of the L;uulscnpc Code when originally submitted, After several revisions, it now exceeds the nninimum rcquircd lnulscaped area, but still provides less than the required number of trees as ollowcd by ilia Landscape Code. the applicant is requesting to receive credit for six (G) existing tr.,cs that he is attempting to preserve, using an altemat(ve conservation method, If allowed to receive eicdit for these trees, the landscape plan would meet the minimum tree requirement, To provide Cty Owucil with a complete understanding of this case, the following is a chronological history of tlw coning request; i Septcnnhrr 24, 1998 - Thr nl+phrow rcytusicd n predesign nrrclrng with the bevelopmrnt Rrskn t'Fwr,edlce (!)XCy to g,rtker it formation pertaining io the development and re:oning 0 of the auh/rr t pro110-1 1 ro a Light lrdustriul (Ll) coning district. Along with many other decclopiucnt rcgultions, he was informed that any light industrial development would have to confiam to the new Landscape Code regulations by providing a minimum twenty percent (21"„) vil,:n space (referred to as landscaped area or planting area) and fifteen (15) trees per acre. Sioll' cvplained that the Landscape Code allows light industrial development to dctcrinine tree requirements based upon a net acreage amount that is calculated by O nuhiraelinls tltc total square footage or a facility built on-site from a property's gross acreage, O O Ilo+srvcr, this applies only to tree requirements, not open space. Mr, Martino expressed concern o~ cr wliclhcr or not the site could accommodate both the minimum requirements of his client. [rim Systems, Inc, concerning building square footage and parking, and the Landscape Code k. ILI 32X111 yyY.. 01 0 r The appb(n t asked ahow the possibility of a variance front these requirements, having alremb c,rlrrdatcd ttat the site would provide significantly less than twenly percent (10116) landscaped area. Staff informed him that a developer or property owner could appeal any detcrntina(ion of compliance by th Planning and Development Department or the Development Review Committee. It would require a written rc,ucst and a recommendation of the Planning and 'Lonhig Commission, before it could be considered by City Council, The only alternative would be to request a rezoning to a planned development zoning district as ' opposed to a Light Industrial (Lp zoning district, Mr, Martino was informed that an approved landscape plan for a planned development zoning district controls over Chapter 31 f of the torte of Ordinances. Again, City Council would have final approval on any such plan. k Y Fire Lane Agreement - hr ern effort to increase tie site's landscaped area, Mr. Martino router red the 01,V 31auagCr's office to discuss the possibility of locating a portion of the fire lane rrnrl i,arkbtg oisle on airporl proper{ v. Such an arrangement was seen as being mutually bcncltci,il (o both panics after initial conversations (see atlachnicnt l Enclosui 9). The dcvcloprr designed the location of the fire lanc'parking aisle in such a manner as to make it ncccss:in liu the public to cross private property to get to public property (see Attachment 2). this approach uill require a private access casement agreement to ensure continuous access onto ohport property. If the driveway came directly off of Airport Road onto airport property 111crc would he no need for the access casement. In addition to increasing the landscaped area, this coordination provides the dcvcloprr with two critical features that he has to pikoidc access to the parking spaces located on the west side of the building and a fire lane along the exterior of the building in accordance with the Fire Code, 1'he developer has committed to constructing mast of (his lane, i October S, 1998 t1r, Martino and his cortl),actor tnd with rite staff to ascertain what had to be anlvairtrd for the case to peoreed on to the Planning and Zoning Conrmission on Urrobrr 14, 1998. Staff outlined the requirements of a detailed plan and landscape plan for a planned dccclopnrent zoning district The applicant also discussed with staff the possibility of ushi,, pat Ing stones for a portion of the parking lot surface. In conjunction with a porous crushed lock subgrudc, this would maintain a pervious surface within the dripline of the trees, IIiC intent would he to rCtCrtc urdit for this area ax hmd~r qad arcs as sell its to be allowed to count die cxisling trees th,it rs ould be surrounded by the point slopes towards tree crcdlt+. scoff informed hire that the I an+kcapc Code does not prlriidC the Planning and Ucsclulnuent UCparlntcnt or the Ihtrh~nn~nt Rcvicw Cummiltea the di>r,rlion tO approve such ~ i Y' a11Crn•,Inr methods. Therefore, staff co,ild not appruva credit either dlC paving stones us Lmdsc;y,cd area or any of the v r. trees around which paving stones r ) l .r►> ~k y. ''i.' were Is1,ICCd. Again, City Council /fining stones are sometimes used as an alternadw parking loi snrfrce, In conjuration xah a rru.shed rnxk subgrudc, they wrntlJ hat c to approve any such t,rr,~tde n perrloro surfrre Pits permf;s xntrr to prrralnle doxn 1 itlic'rn;ditcnrcihOdinrrrtheaatlhrlaxandrunprrsrnerttsttngp6rnts 2. room ' s 41 a 7 `7 l_~ X FJ s 0 n , Y Paving Stones - Staff recognizes the use of paling stones to preserve existing plants (see Atlacluttrnt 6), They are often used for pedestrian and vehicular traffic surfaces. The design speciticolion for a paving stone surface is dependent upon the soils and conditions of a site. This is determined by Yay of a "geotechnical" report that evaluates the soil and conditions of use, including traffic patterns, loads (weight of vehicles) and frequency of passing, Howcvc', Such surfaces are not substitutes for planting (landscaped) areas as described by the Landsc,ipc Code. Y Legal Description of Property One of the still unresolved issues at the above meeting was the lc,l'rcl description ojtlte property. An accurate survey is required of all rezoning requests at the time of submittal, so that staff may confirm the acreage of a property. The original zoning application was submitted on September 19, 1998, without one, The applicant stated during flit: mrcting on October 5'h that the earliest a sunny could be provided was alter the Plmutin and Zoning meeting. f hr L Commission To the best o his knowledge, the property was ~ appruviin,ncly 3,66 acres (after right-of-way dedication). Comments about the site's landscopt•cl area in the Planning and Zoning Commission staff report are based upon this f gu re. { r October 14, 1998 - The Planning and Zoning Commission recommended approval (4-1) of the prnpwed demiled plan and landscape plan reiih conditions. Table I demonstrates city 1 staff and Ihr applicant's calculation of the planting area based upon the landscape plan that was brim considered at the meting (sec Attachment I - Enclosure 2). Mr. Martino's ralctllAioli (fourth column from the IcR) includes the sq,-lare fervtage of the area that would be cw eyed by paving stones within the front parking; bible 1. Propmed Landscaped Arta (1-98.042) Site Building LaLor Alternative Devcln ment Area Landsca Landscaped Area" % 52,106 or 33% i iucse I 59,925 43,5 Plwac I1~ :5,487 1,9% 27,657 or 11% ailated by the opphcanl using rlre area eu%cred by paving stones. i 'I he ;dl. i n,~ticc landscaped urea calculation was still less than the required twenty percent (20°,6) Amither issue involved Ircc credits. The landscape plan showed ten (10) tree credits for seven 17) existing trees that would have parking lot surface within their dripline area; all 1 of drew tires were located in the front parking lot. Staff informed the Planning and zoning i Coinnissioii during the public hearing that the Landscape Code prohibits disturbance of the planting .0101 within the dripline era tree to increase its likelihood of survival. The fact that Ihr dcl,iilrJ plan Ccarly showed parking lot construction within this area eliminated the possibility of receiving Ircc credits rot them, even if they were to be preserved. To support his calcul:,lions, Mr. Niadino mhmitted a leper from John Cooper. CFA-Horticulture of Denton C'ounly, shut stated the use of paving stones within the dripline of trees along with " slain urcnnd preparations that need to be specified and coordinated on site with the best inicresl ut'ihe Irves taken into account" should conscne the trees (see Attachment 4). r October 21b 1998 Afr. dlartino and Greg F.dtrards, pro/err engAcer, met frith shiff to ` disrtres the ndovatio+ rf fficerr pcnrkinx spares as rrcommemled by the Planning and Zoning C'oritnission. II was agreed that tiflccn off-street parking spaces would be removed, thereby, reducing [Ile number froth one hundred and fl Ry-five (155) to one hundred and forty (I40) on tltr property. 'Ihe site would still exceed parking regulations; Chapter 35 of the Code of 3. . r. x! iQ 3z o s O i Ordinances requires only ninety-three (93) parking spaces for the square footage of the proposed facility. This is a difference of forty-seven (47) parking spaces. Y October 22, 1998 - Revised detailed and landscape plans were submitted with an accurate survey (see Attachments 1 and 3). The survey reveals that the site is actually 3.88 acres, not 3.66 acres. The significance of this is that the planting area shown on the landscape plan increases front twelve percent (12%) to twenty-two percent (22%), not including the area covered by paving stone. This exceeds the minimum landscaped area requirements of the Landscape Code. Debate otrr landscaped area is no lonYer necessary. The only remaining conflict between the proposed planner! development zoning district and the Landscape Code is Iree requirements. The revised landscape plan shows six (6) trees, one less than the previous document, to be preserved in and around the front parking lot. These six (6) trees are also shown to have paving stone within their dripline. The applicant wants to include them towards satisfying tree requirements. The landscape plan calculates nine (9) tree credits for them and uses them towards the required twenty-nine (29) trees. Staff has decided not to oppose this method of tree credit calculation, seeing that the intent of the Landscape Code is to preserve trees, wbich is what the applicant is attempting to do. However, it should be pointed out to City Council that two (2) of the six (6) existing trees are Netleaf Hackberries. The Landscape Code does not allow credit to be received for existing Netleaf Hackberries, but does give credit for new ones (see Attachment 7). Approval of this plan may set a precedent for subsequent developments that do not directly confonn to the Landscape Code, In any case, the City has the power to enforce any landscape plan in perpetuity. Essentially, a propcay is required to maintain the number of trees, which it receives credit for towards satisfying the Landscape Code. Thal means if any tree dies, th. city can require trees to be planted equal to the number of tree credits received. Staff would like to clarify that the approval of the landwape plan is not an endorsement of any design speci Oration for tlu paving stone surface. Chapter 34 of the Code of Ordinances provides minimum design criteria for pavers used for a parking lot surface (sec Attachment 5). This site will leave to inert these ntinlmum criteria. Pavement designs will be reviewed when building permits arc applied for. Mloll kC I LU\'!RF%'Iti1V (Council. Boards, Commissloasl The Planning and Zoning Commission recommended approval (4.1) on October 14, 1998, with the following conditions; 1) that a private access casement be provided from Airport Road to Denton Municipal Airport property across the subject property on the final plat document • 2) that the applicant work with city staff to consider relocating or rearranging fifteen (15) parking slr.iccs Slarf rccoinm ndcd oar (1) additional condition that was not supported by the Commission, It was suggcstcd 11:11 an additional tree be provided equal to the number of tree credits received for existing Ines around wliich paving stones would be placed. This would have amounted to ten (lo) additional trees on the site. 0 • FiSC'A IN' D N ATIOy Development or this property will Increase the assessed value of the city, county, and school district, It will require participation by the City in constructing a fire lane/parking aisle to provide access around the proposed facility and onto airport property (see Attachment I Enclosure 9); however, the Ciiy would not be responsible for any other short-term public improvcnlcnts, y r , sttGxt. 25~ 32XI❑ i s 0 , . . .Ga ,S. .Y..'JtiLb7hC,.P..sSe°e'~a2i.(F+Yk~;:S:p01~ACKRi~:k'bTl: Nnlh a'*a-E-r~ld'.Mr1!Y+d.4W r r.n~, imp . SUGGESTED RECOMMENDATION Staff recommends approval of Z-98-043 with the following conditions; 1. that a private access easement shall be provided from Airport Road to Denton Municipal Airport property across the subject property on the final plat document; and 2. that the installation of paving stones for parking lot surface material shall conform to the standards set forth in Section 34-115, concerning parking lots, and Appendix A-S of Chapter 34, concerning the flex base and subgrade of parking lot surfaces, of the Code of Ordinances. ALTERNATIVES 1. Approve as submitted, 2• Approve with conditions. - 3. Deny, 4. Postpone consideration. r S. Table item. AUACHAIENTS 1. Planning and Zoning Commission Report, October 14, 1998, Z-98-043. 2• Rcviscd Detailed Plan, 3. Revised Landscape Plan. 4. Leper from John Cooper S. Appendix A-S, Chapter 34 of the Code of Ordinances, 6, Photos of Swiss Avenue Bank. 7. Page 16, Landscape Code. 8. Dran Ordinance, A'017. Planning and Zoning Commission min Wes from Urtober 14, 1998, are not available Res ectrrfuily subm' ted: L Dave Hill 1 ±r, Director of Planning and Development ° I 0 Prepared by: W ync cc_ ~ Piann t ~ 32 x ❑ s 0 own"= ATTACHMENT Y PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subjecs: Trim Systems Case Number: Z-98-043 EM: Wayne Reed, Planner I Agenda Date: October 14, 1998 PUPAS E~ {4~I~~rsltiaa.p+wrM iw,o~ w'+ua,'iani wwx a: eon.b r1,tMW tee~p aY nl~v}~~KR Mowur . sPr'..J J Hold a public hearing and consider m0ing a recommendation to the City Council concerning a request to rezone 3.88 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district and a detailed plan allowing for light industrial and airport related land uses. The Intention is to construct a manufacturing facility. i NN ERSITY 1 Y. 560) q 7 1 SITE AIRPORT RD M + LE RU 3 ti %W It VICINITY MAP • Location: on the southwest corner of the Airport Road (F,M. 1515) and Westcourt Street 0 Intersection. It is just east of the Denton Municipal Airport slze: 3,88 acres ) ~H r*I I rxz ti:n urlx.t " 6' 2 2 xIQ 0 GENERAL INFORMATION Applicant: Greg Edwards Owner: Frank Martino Greg Edwards Engineering Services Martino Realty LTD. 300 N. Carroll Blvd., Suite J P.O. Box 2306 Denton, TX 76201 Denton, TX 76202-2306 PLANNED DEVELOPMENT ZONING PROCEDURES Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustmant of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves Topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects r preserves existing historical buildings, structures, features or places. Detailed plans for planned development zoning districts should be In substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. SUMMARY OF ZONING REQUEST The developer Is requesting a planned development zoning district for this 3.66 acre tract due to a site ~ plan that does not provide the minimum twenty (20) percent landscaped area (referred to as planting 0 area within the Landscape Code) required by Chapter 31 of the Code of Ordinances (see Enclosure 1 and 2). The proposal is to build an 85,412 square foot manufacturing facility in two phases. The 1 first phase will consist of a 59,925 square foot facility and 43,576 square feet of landscaped area, representing twenty-seven percent (27%) of the total site. The second phase will add another 25,487 square feet onto the structure, thereby decreasing the landscaped area to 19,929 square feet or twelve percent (12%) of the total site. The developer is aware that this would not be alloVved In a straight Light Industrial (LI) zoning district classification, unless a variance is granted by City Council from this regulation. Q • o The developer is not able to provide the minimum landscaped area due to the need for additional parking spaces in excess of the requirements for vehicular parking. In short, the proposed detailed plan demonstrates a total Lf one hundred and fifty-five (155) parking spoires to be built with the initial iy D41 t'r.1 •r k. 7. r _1 0 o ' s phase of construction. Based upon the square footage of the facility, the first phase would require only sixty-seven (67) parking spaces and the second phase would require another twenty-six (26) for a total of ninety-three (93) parking spaces. This is an additional eighty-eight (88) and sixty-two (62) ' parking spaces than required by Code, respectfully. The additional parking spaces reduce the landscaped area below the minimum required by Code. COMPRI:HENS .,I: PIJIN.ANALY$l r>, i 1963 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) Identifies the Denton Municipal Airport area as a Special Purpose Major Activity Center. The major activity centers in the Plan are intended to serve as nodes for major commercial activities, with no limit given to land use intensity standards. As a special purpose major activity center, the municipal airport area is intended primarily to emphasize the establishment of an industrial economic base. Mixed use commercial and high density housing are encouraged in suitable areas in conformity with the land use compatibility guidelines set out In the 1986 Airport Master Plan. The Municipal Airport Area Land Use Concept Plan identifies the location of the subject property as a light industrial land use area (see Enclosure 7). Staff finds the proposed development to be consistent with loth the policies and trip intensity standards of the 1988 DDP. The ttible below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Major Activity Center Development Rating vs. Polity Somewhat POLICY COMMENTS iuaetlnre rt consistent Thoroughfares The property has amess akrng Airport and x westcourt Roads. Land Use Devetopment The proposed light IrldustNd use K consistent with the intended Industrial economic base, x , Compabble Land Use Development This radllry would be compatible with j both existing airport and other l KkWal X Q land uses. I Acclulsibon of Land for Al rport This poperty is not part or Me airport's 1 bpansion expaOon plans. x l Greenbelt Park This property Is rot k*MUW as Part of the dty's master Parks plan. x Q ~ Q i 1 i ~ t ..t. oiz n&S s,rr ti',•i,Kt ~ I 8. -man ip, ti" 10 32x10 ' r 0 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Radng vs. Policy CATAGORY POLICY Inconsistent ippkabk consistent Transportation. Compliments Denton's Long-Range Thoroughfare Pan. X Promotes Access Management Practices X Opt miles operations for emergency seance providers and k;; orher public service Providers. X Promotes pudic transportation system. ' X Contributes to the Denton Trails network. X Stormwater Drainage. Protects I00-year floodplain areas in accordance wth Denton's watershed management plans X Conforms to local %Wiivlsion regulations. X Corilxrtes to regional detention faollties X Provides for natural npanan environment along Aoodplain. X Upgrades existing substandard drainage systems as infdl and redevelopment occur, X 1 Water and Develops and maintains property and private _ Wastewater, infralrxture. X Creates opportunity for oversiting water and wastewater lines to meet future development demands. X Provides review of proposed water and wastewater •Y Infrastructure to ensure public safety and health. X Promotes Inrill improvements over new line eRenslons, X Electric Provides underground electric WvKe for new residential . v and mruesidenbal developneM. X Solid Waste. Promotes efficient access to all developmerd for soled - waste serWe delivery. X Parks and Reaeatlon. Locates parks and recreation Iii In accordance with - ~ Hie Parks and Recreation Strategic Ran, X 6 " Enhances parks and recreation opportunities for residents X Reserves floodplain for parks and open space to aid in PoMplain corrArvabon efforts. X Allows comtdninq of parks wttr other public faalitles to arfiieve cost effective delivery or public services. X ~l Resrdenbal development should dedicate land or fees In t.,::•,.. lieu of land for neighborhood parks. ' X Envlromen tat Duality. Promotes Preservation of natural resources. _ X 0 integrates environmental protection with KOM MC !rt r' growth and cornmunity devclopment - X i 9. .1~ ' :tea O 1 „,+.~:...~.r«:vl.rn~pr~;aawC~wYxY(Mr+NKNTd697t1a'XwF4'rn Tw~K`iia`nr+w.w...N... ~ III i j 1998 Denton Plan Policies Analysis (continued) Denton Plan i Policy Analysis Summary Development Rating vs. Policy I Not CATAGORY POLICY Inrcorostent Appllable canastent j Wghborhoodo. Provides acres to public and cor.rr ity fad riles for ~7S reside-nu nephtorroods. r Encourages a nNture or land uses flat benefit residents. x Protects and preserves edsthg ndghbptaods. Promotes bnopde and pedestrian traffic within between 'leigtdgr}WOds m rcdua vehicular hips. V~" . Howtng. "des a range of lousing types that appeal to differing . x" ,r r econark and Ind Adual 6fe•styles. aF., r ~ 7^ r - (Hers a Wety of shglafamily lot axes, building sites, and price ranges. It. ~ ~fzt ; Preserves exMng housing, Irduding affordable haring. Increases Will housing eordructbn, fuxnomic Contnbutes to a strong and dversRed local econom M 3 -'v Divenilll lwemng emplo rv nt and expanding the tax base. x Govoammt urages ritergwernmental coordination to Provide i ~ ,vhf oDst- "k WNCK lhban 0"gn. Addresses canrn city appearance In a oymprehenave manner. gverwriies architectural appearance of bunt environment, Neghbo "Wig development should be axrgabbk ma, edsting land uses and buildings. h' Protects xd preserves Denton's archAftt ral, cultural and hl"al resources. kj.A Enhances the appearance along "Pa enhancevrays r~ x Prorates the preservation of trees and Iandsaping, x Oubllc Involvement. Provides an opportunity far p bac opK A during the x planning Iroass, { rcl Q , 1. R~ Z %o4i F&, St,he Rprx,rt a X , f, ip I v ~ r ~ L 'LZ 4 e t) i iaaa ,nsu ewe'. ' :n•ar,f~r"45}Yi.'~'~'au"m. JMm;.'~, .{~+M~/ r dscfifv_, [04101AL,INFO.R .AY1ON 1. Transportation A. Trip generation The municipal airport area has no limits on trip intensity. " B. Access i The proposed facility would be allowed access onto both Airport Road and Westcourt Road (see Enclosure 1). The driveway off of Airport road as proposed would run through the subject property and then onto City property. This alignment would require an access easement agreement to ensure the public has continuous access onto airport property. This arrangement is mutually beneficial to both parties (see Enclosure 9), This coordination was necessary to provide access to the parking spaces located on the west side of the building and to locate a fire lane along the exterior of the building that satisfies the Fire Code. In turn, the developer is committing to construct most of this lane. I i C. Road Capacity At present, all roads around the airport are under capacity. D. Pedestrian Linkages Sidewalks along all public streets are required. The detailed plan shows sidewalks Tony kirport Road and Westcourt Road. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 1): An additional on-site fire hydrant will be required to provide adequate fire protection. This fire hydrant will be located near the southwest corner of the structure. i 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must irclude calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the nnothod by which the run- off will be carried across the property or stored on the property, 4. Signs • One sign Is proposed at the intersection. ' 5. Off-Street Parking The detailed plan provides for one hundred and fifty-five (155) parking spaces. This exceeds the minimum required parking spaces required by Code. The first phase would require only sixty- seven (67) parking spaces and the second phase would require another twenty-six (26) for a total of ninety-three (93) parking spaces. This is a difference of elghty-eight (88) and sixty-two (62) p • more parking spaces than required by Code, respectfully. The developer is providing the additional parking spaces to meet the potential business's request for a minimum of one hundred and forty parking spaces. 17. f.~ 32XIO e o f 6. Landscaping The landscape plan demonstrates that the site will exceed tree requirements but fall short on landscaping, if the facility is expanded as indicated on the detailed plan. As proposed, the detailed plan does not comply with the required minimum landscaped area. The first phase will provide 43,576 square feet of landscaped area, representing twenty-seven percent (27%) of the total site. The second phase of development will decrease the landscaped area to 19,929 square feet or twelve percent (12%) of the total site. The developer is requesting to receive credit for an alternative parking surface material, referred to a pavestone (see Enclosure 2). This material is being used within the parking lot area within the dripline of existing trees that are being preserved and calculated for tree credits. If the area of this alternative surface material was calculated as part of the planting area, this would increase the landscaped area on the landscape plan from 27% to 33% and 12% to 17%, respectfully per phase. Of course this would still be lower than the minimum required landscaped area of twenty (20) percent. The landscape Code, however, does not allow this to be Included in the calculation of the landscaped area because any area defined as planting area must be devoted entirely to the planting or construction and maintenance of trees, shrubs, groundcovers, fences, walls, and/or earthen berms. 7. Lighting The facility will provide adequate lighting for its operation. 8. Environmental Quality Impacts A light industrial facility will have to comply with local and state noise, air and water pollution standards. PROPERTY HISTORY January 14, 1969 - The subject property was annexed and placed in an Agricultural (A) zoning district and land use classification by in 1969. The subject property Is not platted and would need to be platted prior to any development 1 • PUBLIC NOTICE R.,Ir .,mow Y, Notice of the zoning request was published in the Denton Record-Chronicle on October 4, 1998. One (1) property owner was notified of the request on October 1, 1998. As of this writing, there have been no responses. No neighborhood meeting was held. e ~ o e ~'I!i (i93 I'lS.' e'I AIi qI 12. 1 '1 4 s i , t r r 1 % I ( ' 1 t - Y h b 1. q, 1-K . jVroiila it UjqL*..•. `Fi Staff recommends approval of Z-98-043 with conditions (to be Fprovided during presentation). s , I move to recommend approval of Z-98-043 with conditions recommended by staff, .w 1. Recommenl approval as submitted. 2. Recommend approval with conditions. F 3. Recommend denial. 4, Postpone consideration. F 5. Table item. I Otto -0 dill 1. Detailed Plan. 2. Landscape Plan, 3. Location Map. 4. Site Map. 5. Zoning Map. 6. 200' Notice Map. 7. Municipal Airport Land Use Concept Plan. 8. Airport Property Map, 9, Letter from Rick Svehla, I F y t. r N a Z 98 043 P&Z S'a9 Repxt { N 13. ; 10 ,r~w~r~ .fr 25 x 32 x I 0 s d4dRtiN1 r v OCi W ➢[1Yp114N1 NCI.MfgM N ~w y. •r 7 III 1/Y1 /mill' PC A j Ix' III l . I I ~ I ''f III r - ' w ~ PA ' N uom ► n _ - f E a I Zil 11 1 flag ww r • sit4 M e 1 Oil ,i~ra o I Awm POW Wor-mv Mm NOM own pow-wom.,wi ~es+ca.:~sx s rssr- r. C us rr v o^'•;'~y3~M l y~.~:7 I jn~wo~rFtuWC-1211i %,ra - O ♦ ~ I .r~r~r.rr Yr..~w r•r•••ae•1~ ~N/Y.~r. P1Y ~A r _ J I J a (Hil / M~ f , : - ~.1 k W-JIMAL-L m" i 02 owI s , 32XIEl • O f 1 t 11 ENCLOSURE 3 f NORTH Z-98.043 (Trim Systems) c ~ II E ~ , i I PETER6ILT all d r I . • 1 DENTON MUNICIPAL AIRPORT - AIRPORT RD (F. K M5) , SITE !IRPORT f . LOCATION MAP 4 Agenda Date: October 114, 1998 Seale( None 16. { r,~z 25 x l0 32XID 1 " • O r , ENCLOSURE 4 NORTH Z-98-043 (Trim Systems) i fr dill fr s n co 8 9 i DENTON SITE MUNICIPAL AIRPORT 1.1 AIRPORT BOUNDARY II r 6ITE MAP • r ; Agenda Data: October 14,1998 Scala: None r 17. I .r . r . 32X 10 10 . O 1 n awry e ENCLOSURE 5 NORTH Z-98-043 (Trim Systems) I f 1 I ' , I 1 I I A 1 85 I L I__ - a { MERBRT LI ` ■ 1 I I Y rr INS • I I LI A IL~ ~f 1 DENTON LI i•• SITE ;a ! MUNICIPAL tl ' AIRPORT o MRPOR ! RD (P. M 1515) PD 107 A I F L_1 1 T ~LW ETJ ! ETJ F -r---- A I ETJ I r * ZONING MAP r Y a Agenda Date: October 14,1998 seals: None ; ' 25K 10 32xI❑ 1 c t ENCLOSURE 6- Z-98-043 (Trim Systems) NORTH © o s - n Q AIRPORT RD a SITE DENTON MUNICIPAL AIRPORT III _ • 200 FOOT NOTICE MAP i AQ4ndra We: October 14, 1998 Scde: None 19. ; Mile x 32 10 "seemed seem xnaaaaaas 8 O rP a NORTH " -•r. . ',1- UNIVERSITY DRIVE MUNICIPAL AIRPORT r AREA LAND USE CONCEPT PLAN MASCH BRANCH ROAD LEGEND: ! ! ! • ! I Exlstlog Thoroughfare I II' t: I : i ~ Proposed Thoroughfare _ JIM CHRISTAL ROAD Existing Taxiways Future Taxiways lands to be aequlred j S ® Light Industrial Lighl Iriduslrlal mixed i 6! with Commercial 2 ~o:; . PR ED - Multifamily 1 OEM .r r.RUNWAY 1 ® Single l.mllyand duplr z y;i. I I M F^'+ r \I r 7 xi ~I• > I AIRPORT ROAD Tom` LE ROAD • S y Y ~~;:,4,': \EXI i G Ali / s =mss-' i{):~'"~'„! III ~ = i'Il r. s- I \ i rrl PROPOSED • i.. ' i/ EXTENSION ' CORBIN ROAD • • \ 4D LEAR ZONE _ .2449 f i - R / MAP rot TO aCAla M•nnl~a C•.•~opm,n+ ep•nm,m Cu, 0 0•nlon ~ r- ~I. L~.".aY f:y;g;~n n ~ Y ~•~J^1 ♦ivn n~},i.7 I i ( } i l I I ~I I Ott Z6 l JJ. 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I f I I I 1 r I f( I I I • 1+•flr Ir r r r JJ rr r rrrlJrrJrrrllrl I : I f I r, { r r r !J r J f - !JJ J f 1 f f f f f- f I I f l l r l l I I r l l r l r I f r r I J r f r r J r f 11f I J f J'JJ~ rf rlrrl l~frl rl .rrrr`r111111 rl rl ll rlrr ll r r r I I I I t I f r I t r J f r. rrf r f r r j f rr 1 irr illllll ralr11 r1r1.111.f rIrrJJ f1 `Il 1 r J 11 lJf JfJl rl ,lrr rrrJ f.f r.f rfrllflrl It Jr .11rIrlrJrrrr r 1 rJr' r l`Irlr r rrrrlrr rr~ Jllrrrrr rJrr .~.-r J.r.r.rrl,t,I, r~J,J ' rrr r11J'lr r t frrf n. , I • • r, t F-2~1 r-4-m is Ci...?A+Yrn+~..n n t tin, n.+. w .x n~.. IRNa .+n ~ ~ Ceti 4'fi' ~ti lY r w . n w wnr..w ~ w 1sr III tlf F w'ry"^"~ - AfRf`ORT PRQF'£RTY 1151' 1 I 11 f ►Mwr fiw I 1 ' h rr +w r SM~.~c . ;~`x 25 x to 32x~a ,e aimwra 4 I~ au~r~s ENCLOSURE 9 CITY OF DENTON TEXAS CITYNALL WEST 221 N. ELM DENTON TEXAS 78201 (817) 588.9200 • DFW METRO 13425N MEMORANDUM DATE, October 9, 1998 TO: Wayne Reed, Planner FROM: Rlck Svahla, Deputy City Manager r SUBJECT: TRIM SYSTEMS PD Staff has held Internal discussions and polled airport board members about using Denton Municipal Airport property immediately adjacent to the west side of the TRIM System tract as a fire lane and parking lot aisle for both TRIM Systems and the airport. Staff and the airport board believe this is in our best Interest as ft will j provide needed access and fire protection for this area of the airport. To serve as both a fire lane and a parking lc' aisle, the lane must be a minimum of twenty- four (24) feet wide. TRIM Systems has agreed to build twenty (2^) feet of the twenty-four (24) fool width needed. The city will build or pay for the remaining { four (4) feet of width. Both entities would be able to use ft for parking and fire lane access. If you have any other questions, please contact Linda Ratliff or me at your • conve I Rick Svohla Deputy City Manager • RS:af • • 1 1 ~ 22. 'Dedk4W to Qwky Sm:u" 2 2 '~3 X p I e o , 1 1 I I i I r I n --OCT" MH oil -IZ / H N I Km 04 OdIJ1U0N C,, F r j r l l 1°~~ I~ ' r 1 ■E e. A Li ' . a.. l~Ls Y. - W ..LL• W .M.N. ~YTXr T v+ 'Y. _P _y/-- "cac° - - - 1 a. r- i b r.` df.'►'7r•.., ..w. (s~,~/ i!. jt•~ ~ocw.uNron,amcRn i dna f..S `E~ awn Er) (n SIUI„ fAfl. '.~.,i Wr.i.ua ~ t e s w /,IM11q pf1,l I.Ffi.D[t1l IM VO[NM L Oi Q, a r, .3 2 0 h r~ I I own I L NDW.A E RAN NOM O4~a[Iloatw7 .rl ~Ylay ~ \ v ie~rrr and ~~~1w~ I «liA l ~ ~ 1.11 M _ r1 .''a .a .,I-,.I t ~ _ _ 'r ~ie1"I C'au~ uYn~riy °..'p~'.i'Yfw S"ai.at~.wa~r G':: G x d/:" ~ f r I ::I , ~ r'~ I , I I;:; u w r ~C~.t'SYe'15~1{~wi~r"+~"~.r.°~°i'Z ~ ~ ~ ~ I f ~ ~ I I ~i~R. ~.rJy ~+~r~r~AL o°n. t. a~ o. OWir~ 17},I t7 ! .i s~T°ir.~ ie'n rr r.Lo~ ar 7. ~Op I I I 1 c M 1 I _ r 1 I: ( m J"'~'^'oi uriia. n.. ur ra. a s mm w r. •r..enw W - !3y d' T eYm.. '~r rl I ~PL7: SJr LF ww .tm.rra rrs.r N w.n a wtsicoulnoanE r.,lY.! ulv aoln ' a.e.rwa.wur.r..r.rw . °i'I • 1 .ra• oa.l .m~a A N' • r RA ..n.ryr r u ~ A ' r? ~ 1 rt .ao IY00 sam M [.~.J V[r rKr W r.a a: otir~ C~ 32 x Mae • I I I I' • • ~ ~C~L~0~7C~ • Q PLANNING DEVELOPMENT I : ~ 25 10 32X 0 , 0 MINA" ATTACHMENT 9 , -,q Texas Agricultural Extension service The Texas A&M University System John N. Cooper, CEA-Horticulture € Denton County Government Center 306 N. Loop 288, Suite 222 Denton, TX 76201-4818 940.565.5621 f- metro 972.434.2052 fax 940.565.5621 i October 14, 1998 Mr. Frank Martino Russell-Newman, Inc, P.O. Box 2306 1)enton,14X 76202 Dear Mr. Martino; I am writing this letter in response t out conversation earlier today about a parking lot expansion plan of your manufacturing plant in Denton. Your primary concern, as I understood it, was that you develop the necessary parking spaces required for your parking lot without losing pecan and hackberry trees that are currently located iu the proposed parking lot expansion area. In order to save the trees my recommendation would be to leave at least half of the critical root area intact and cover the area so saved with a permeable surface treatment that would allow the tree roots to function properly and allow you to park on the protected sr.lrface at the same time. y 1 share your concern in that severe root reductions through cutting, filling and compaction • can be lethal to trees. The critical root area of a tree is a circle having a radius equal to the height of the tree, If you leave half of the soil in this area undisturbed then the trees will likely live indefinitely. I understand you intend to build the parking lot this winter. If you excavate the soil during the months of December,?anuary I,e February then I think the tolerances set in die ordinance • of saving an area equal to one foot of root diameter per inch in trunk diameter to be conserved 0 are adequate. 'ro save the required critical root area fence the area to be protected off from %ehicular and machinery traffic, Allow only hanA clearing and no grubbing in the protected root area. tKIrn~iun programq tme people of A agef n garrlleff of rocloer 25. et, racy, odor, sex, retlgtun, 05311 Gry or n •rhntal origin. 1',.r~•n~~.trllrni.,n~a Cvat.. tre r•~I,nrtmrnl^r ~;rlrnlrC°'°~yr,rrnti~~lnr,•.•'nurlf,dlr•' ..r, . L1 32 x CJ 4 y. r) i i Mr. Frank Alartino Octobrr 14, 1998 Past TM j Y Prior to the surfacing of the parking lot you will need to decide on a permeable surfacing treatment. I have attached product information on fur manufacturers of porous pavers', have also included information on the Pavestone Company which h local and may soon hive a product we can use for this surface treatment, You will wa'nt to have architect and/or contractor talk with the manufacturer' your s representative to insure the best coordination of the installation. These products require certain ground preparations that need to be specified and coordinated on site with the best interest of the trees taken into account. Y, Having done all this I think you will be able to successfully accomplish your objectives of . maximum space utilization and tree conservation. If 1 can be of any further assistance in this s matter 1 hope ou will not hesitate to call on me, ` you Sincerely, J n N. oper, EA•Horticulture Denton County Enclosure r I 0 , rt ,Y ? f ;t );g1 ICJ 32XIO • O t . .c ATTACHMENT 5 APPENDIX A-$ PARKING LOT SURFACE j , (MINIAWM REQUIREMENTS FOR PAVERS) 1. ANTICIPATED TRAI►TC LOADTNO PAV3W A un Traffic Number of Total equies- =gamples of Usage Thickness Laying Claasifi- Vehicles lent. stand- laceaen cation per day and axle over gross repetition after 20 yrs. service TI 0-15 0 to 45,000 Multi-dwelling driveways, 2 3/6" H or P 4 4 , Parking lots, sul-de-sacs. 2 3/6" H or P . Malls not accepptting 2 3/N g deliver vehiela 12 15-45 45,000 to Minor residential streets 2 3/1" N or P 140,000 subject to garbage trucks. 3 1/6" M er P Commercial parking lots. 7 1 6" g T3 45-150 I4),000 to Residential streets. Malls 2 3/6" g 450,000 accepting vehicular tr4f- 3 1/6" a fie. T4 ISO-450 450,000 to Minor through roads in ur. 3 1/6" m 1,400,000 ban areas with a 40mph speed limit, industrial yards with truck traffic l y. TS 450-1'soo 1,400,000 to Major thorough roads in 3 1/v g 415001000 urban areas with a Oomph Speed limit, industrial yards with truck traffic and loading • l nt. 2 voTSS~ ~ . {11 Laying Ps~tsrn H - HerringbOn• (ft APPLICAAL6) (2) wheel loads of less- - Parquet or Runner inq equipment must not exe•e daeiga Suits. "f i 1. ~!I a T l ~ r 1 R , .umm 21 1 ~ -A I II~~ L ~7 r 9 aYr / .5q~'~ 32x O • . . ~ 1 I 1 I i 3 f ~ 1 - I L( l~ V~~ to j .1 e f ~ i ~ tt tf l tf tel, 11 ~uo+~~ott ~iMi !ue•tut rMICIAl! RECJN.MENDED MINIMUM SPUB-BASE M CKNESSES r r. 4 G• u 1 I , r ey , 26. t NCR 1 APPENDIX A•S PARKING LOT SURFACE (l4 MI MWM REQUIREMENTS) MINIMIM PAYMMI TEIC3=81 AM IUWRADt ' •COnecate As 'salt **Favors Existing unpaved t inches on existing 2 lnchoo on 6 inches 3 1/B" pavers on parking lot base flex base scant Led and compacted sea rade sew Parking lots Standard Pavement S inches on scarified 1 inches •on 6 inches scant/ed 0 comps:tad Section 6 compacted eu rada limbos rods w rada •••Channolised heavy 6 inches cn scarified 6 inches on 6 inches 6 loch Ilex Daaa for load areas 6 compacted sea rada limbs sea rade old avers :N LIEU 01 TKZ AEOVE p1CIPICA110001, R PARbIMO IA'I' MAT 62 CONSTNVCTED IN ACOORDAMCE MITE T33 DtIIC KADE ET AM EMOIMZIR REOISTTRED 1T TEE ITA71 OF T21AS NO SVTaaf1TID TO Ts7 CITY FOR RSVIEw A~ UPROVAL. :tnstructior materials and methods shall conform to North Texas Council of 00vormtonts sunda: :p+eifications and City of Denton addendum@ to the MTC00 specifications. slump for concrete shall to between 2 inches and 1 inches allowable range. Rey to tempe:atur available at Engineering office. _avaling sand when used under parking lot pavement may act xs a conduit for water and ths:efor .s not recommended. Concrete sections are to be reinforced with IJI inch bars spaced 21 inches an canter w h w or 6 x 6 16 gauge welded wire fabric. An approved pavlnpQ fiber may be substituted f:r tr reinforcing steal. Chairs shall be used to Support rain toreement. ` When pavers are used, the subgrade and materials shell be according to Appendix A•S • Parklr O fa Lot Surface (minlmum rsqufrersnts for pavers). A Iles of approved Materials and supplier can be obtained from the Dapsrtmant of Public Works. over S )1C,000 lb, wheel heavy trucks on sits pat weak. { ~urrar 29, a t • ; ''''E~ ~r2 a' 7 -X 2X10 o , - _ Q ATTACHMENT 6 I Z-98-U43 (MIM SY5TEM5) Photos of Swiss Avenue Bank located at 8255 Walnut Hill, Dallas, TX R~ ~ I a r ' I Photo 1. Efforts to save several lamb Ir n Photo 2, Paving' stones were installed in areas the back portion of this property involved the use designated for parking space; too. of a paving stone surface. i ~ .sue + 4 , ti i 1 'a% III Pho,o 3. Preservation efforts involved the use Photo 4. Vehicular lanes were designed to go of paving stones within the dripline of the tress around existing ore s. a i surrounding areas. 1'f .fl + 1 , • 1 1, ?1~'~~,.' 3~11,I . Lx y. M~f 1 i\'ir { •I,1~ Pnoto 5. Vents were s+ ilegically placed in Photo 5. A vent placed near this tree carries planting areas to allow v.alar from these areas to water uncle, the paving store surface to the root be direrled underground 10 11e root zones, zone, increasing the emount of water [hat reaches the area located under the parking lot urface - 30. F.rl.Yi• ~ nX...~,. r+[ r, aptly'rT~yriR7 ~ ry` 3P r all f.+ C f Z-98-043 (TRIM SYSTEMS) Photos of Swiss Avenue Bank located at 8255 Walnut Hill, Dallas, TX Re 71 A 3 c Photo 8. A `dose up of the eighty (80) year old tree shows how close the parklnj lu, s rdace is to the trunk. The 5ubgrade beneath the paving stone is approximately e x (6) !riches and consists of crushed granite that allows water to • ` percolate down to the soil and roots. Photo 7. This eighty (8D) year old tree has note recovered from sod disturbance caused from GOr 51'1rGlion i I ' .t A r P ~ ~ % d Photo 1D. A dose up of th • tree, hown in the ' photo to the left, shows that the curb almost Icuches he trunk, reducing the exposure of the A tool system. o n o Photo 9. Vihdc 'post trees appear to be thriving ~i a!le, flee irisslo"ation of the parking lot surface. others aye col doing so well, like this forty (40) foot bee { - - - - - 31 . era _ $j s.... •..a ~.Y~~...7 1, r.M /Ir rYiIfT f t .1 I r A a ATTACH14ENT 7 Ordinance 96-100 Accent ! Sinall Trees and Large hruba Common Name Botanical Name Native Helght 8 Existing Street _ Width Tres Credit Trss Roemer Acacia Acacia memerl ana 15' x15' " Wright Maria Acacia cad htll Natve 15' x 15' Japanese MaD1e Acer almatum cuWvars 15' x 10' x m 9' Scarlel Buckeye Aesculus avia f rove 25' x 20' Texas Madrone Arbutus xalalensis _ Natlve 25' x 20' . Lemon Bottlebrush Callislemon ulrinus 15' x 15' Wee In Bonlebrush Callislemon vimfnalh 20' x 15' Nedea'rlackberr Colas reU irlou Native I r a LllfleA if Palo Verds Cerci&um microphyllum 12' x 15' Redbud Ceres canadensis cullivare Naive 25' x 20' Oklahoma Redbud Carus canadensls lexensis Native 20'x 15' • M 9' Accent 'Oklahoma' Forest Pans Redbud Como canadensis forest Pansy' 20' x 15 Texas Redbud Cards canadensis lexerrsis Native 25' x 20' Desen WNlgvv chllo sh Ilnearis Native 20' x 15' Texas Persimmon Dios ros te•ana Native 25' it 20' r M 10, Kidne nod f senhardua sLdi a Native 20' x 12' Fragrant Ash Fraa inns cus idata Nallve 15'x10' NBPIS R, Slevons Holly ilex a ulfollum'Nellie R. Steve,ls _ 20' x 15' Burford Hotly Ilex eornuta'Burlordi 20' x 15' AcAnt Possumhaw Holly Ilex decidua Nallve 15 x 10' Yaupon Noll Ilex vomdorla culwars, Native varies x M e' Accent Weeping Yaup~on oex vomilona'Pendula' _ 12' x e' Foster Holly 112 ilex x atlenuaia'Fosletl' 02 25' x 15 Accent Astxe Juniper _ Juniperus ashei Native 25 x 15' Rock' Mountain Juniper Juni Ns sco lururn 30,X 15' Goldenram Treeree_ Koeheulerua anirulata 25 x 15 crape Myrtle _ Lag_erstroemia India rdUvars 15' x 10' 4 M 11" Accent Flow' l9 Cuba le Matus hybdda (culuvars 20'x 29 !out. 'n Yrnv h1 rlie klrici cerile'e Native 1V X 10' x M a" Red Tip Phoimia Mina haserl 20 x 15' Chinese Pholinla Pholinia serrulata 20'x 15' Japanese Black Pine Pinus thunb 111 30'x 30' Texas Plstache Pislacia 01nensis WHYS 20' x. 15' Carolina Cherry Laurel Prunus earoliniona 25' x 15' s M 19' i.ctenl Mexican Plum Prunus mexlcana Native 26-x 25 M P Accent Fla tooods Plum Prunus umbellatta 15,1 10' _ Carotin a BUCt U1orn Rhammti caroliniana Native 20'.1' Smooth Sue: Rhusylabra Native 1V x 10' Flame-leal Sumac Rhu! lanee0lata Natlve 20' x 15' Eves NecSlace tree So horn Ofrnis Native 20' x 15' Accent Texas Mounla,o Laurel Sopr,aa secundlrora 15' 10' M 10" Accent w Mexican BL,~ E, Ungnadia 5 pa0051 Naltve 20' x 20' x Rust>Blaa^k~aa Viburnum rufidulurt, Native 25'x20' l Vilex Vaex aonuscallu! Natlve 15' x 20' x M 11' _ Nme_ Tree credit le Ilmlled to thou aooele Ind c~QjB(J.:,"-Sym l41L01 Una Tree crodN M Indicales spec'les and minimum diameter for Monerch rree nomination. They cre listed It 50paUrg of that trred caliper 25 li: red on the current Texas Forest Services Big Tree Reqlstry; other trees listed en ON Sal" Spaeles Llst or on the Bir Tree Fegistry may be nominated for Monarch Tree stelus at 75 percent of that ap115te8 Canof. Vii I Q ~ Q Q 1 i Landscape Code 32 . Page 16 Y/x r pifiT~l i 1 'WWV~+I~+11+«a x III x / Y ~..1 ~2 • a 2.98.043 ATTACHME"T 8 i ORDINANCE NO. J AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A*i AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION 10 PLANNED DEVELOPMENT 168 (PD 168) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.887 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF THE AIRPORT ROAD (F,M, 1515) AND WESTCOURT DRIVE INTERSECTION; PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,900.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Greg Edwards, on behalf of Frank Martino, has applied for a change in zoning for 3.887 acres of land from an Agricultural (A) zoning district classification and use designation to Planned Development 168 (PD 168) zoning district classification and use designatiou; and WHEREAS, on October 14, 1998, the Planning and Zoning Commission recommended afproval of the requested change in zoning; and WHEREAS, the City Council finds that the chance in zoning will be in compliance with the 1988 Denton Development Pian and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $cction 1. That the zoning district classification and use designation of the 3,887 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development 168 (PD 168) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, by approving the detailed plan which I is attached hereto as Exhibit "B" and incorporated herein, subject to the following condition: 1. That a private access casement shall be provided from Airport Road to the Denton Municipal Airport property across the subject property on the final pl.1 document. Section Ij. That a landscape plan attached as Exhibit "C" and incorporated herein, for the • 3.887 acres comprising Planned Development 168 (PD 168) zoning district described by Exhibit A, is hereby approved, subject to the following condition: 1. That the installation of paving atones for parking lot surface r,riterial shall conform to the standards set forth in Section 34.115, concerning parking lots, and Appendix A•5 of Chapter 34, concerning the flex base and subgrada of parking lot surfaces, of • the Code of Ordinances, 0 • Section 111. That the City's official zo.Ang map is amended to show the change in zoning district classification. 33. 10 32XID 1 Z-98-043 E Section N• 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 violated shall I{ constitute a separate and distinct offense. l Sect~i n_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 ct otion of this ordinance to be - published twice in the Denton Record-Chronicle, a daily newspaper p0j.:shed io the City of Denton, Texas, within ten (10) days of the date of its passage. . PASSED AND APPROVED this the J~ day of , 1998. JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: /;Y"& rZe e, • - i. { n f jL-1 34. - - - 1~, il :,a~ d .F t i • ♦..r..+.:~vr1 .:MP'u.fi, rMU•,., u.v n x-... n.. ~ EXHIBIT A I Z-9"43 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE WIIIFAM NEILL SURVEY, ABSTRACT No. 970, DENTON COUNTY, TEXAS AND BEING THE PART OF A (CALLED) 67.602 ACRE TRACT OF LAND DESCRIBED IN A DEED FROM ROBERT N NOBLES AND IIMMIE O. NOBLES TO NOBLES FAMILY PARTNERS, LTD., DATED NOVEMBER 24, 1993, RECORDED UNDER COUNTY CLERK'S FLE No. 93-R001903Z REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS i BEGINNING AT A FENCE CORNER POST AT THE WESTERNMOST NORTHWEST CORNER OF SAID 67,602 ACRE TRACT, ON THE SOUTH RIGHT-OF-WAY OF AIRPORT ROAD (FM 15 15), AT A NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED T 1 A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 305, PAGE 324, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 19 DEGREES 42 MINUTES 21 SECONDS EAST WITH THE NORTH LINE OF SAID 67.602 ACRE TRACT AND THE SOUTH RIGHT-OF-WAY OF AIRPORT ROAD, A DISTANCE OF 302.19 FEET TO A SET 1/2 INCH IRON ROD ON THE PROPOSED WEST RIGHT-OF-WAY OF WESTCOURT STREET; THENCE SOUTH 00 DEGREES 56 MINUTES 11 SECONDS EAS T WITH THE PROPOSED WEST RIGHT- OF-WAY OF WES TCOURT STREET, A DISTANCE OF 564.71 FEET TO A SET 1/2 INCH IRON ROD ON A NORTH LINE OF SAID CITY OF DENTON TRACT; THENCE SOUTH 11 DEGREES 44 MINUTES 22 SECONDS WEST WITH A NORTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 294.14 FEET TO A FOUND V2 INCH IRON ROD AT A FENCE CORNER POST Al THE WESTERNMOST SOUTHWEST CORNER OF SAID 67.602 ACRE TRACT; THENCE NORTH 00 DEGREES 59 MINUTES 31 SECONDS WEST, ALONG AND NEAR A FENCE AND THE WEST LINE OF SAID 67.602 ACRE TRACI, A DISTANCE OF $69.72 FEET TO THE POINT OF BEGINNING AND CONTAININO IN ALL 3.117 ACRES OF LAND. I t , i• N ~ • • •r r , 35. 25 K L! 32X , o M I ' I / TQ6 1 "'r„i' .i'-\ 1 Styyx; s' ~ Ip l ! PA . ~~t I! u p~.•~ ~NN~ I 1 u~~x~f 1' S`Ill n~✓ ~f~~1 ~Y~r1 i'1~~rY >K~ f^'~I tfq(~'~ ~ ri~✓q ~A 1~4 ~~rI1"~~1 ~~j tl~`i ~I~ ~ f5~ ~ t"~/W yM J 4 I h I I S F k " M\ I ! ✓ w' % C Vy. P ? 1 z,~ y I R I n~ ~i, v,~p ` r Z y f ! ~ l y ~ arras ~ I m ` -I 1- ✓JM ;Ky i1✓yrf'~;'wx /'t`+Z~~ I+I;w► ~~prpyl`v'/1~ 1 f IL 4 [ . Y 4e~.Yl Y . ~Y~ p ~ pt rn1lp Mn MWW V, tEO[no w...a n. n om [WO 9taRw.n.r.r. R j~Fra*r. 'roopp,Mp.enKaoxa~n HY7 "Ow O n. Osr O n .rv~ O n.. Y. w F,! 41 \ IN / i i ~ Imp SIGN, DETA1 L G A, e.pa M a Ipu wp r 32 X I LI r I 0 7 ' r r M O N UJDdCAPE PLAN NOTEJ I~N~rMiWl m,w'Wml-* •.-h" ~~r j .Y •17S'C~i7'd1rY r ~w.,~ ~X 1 ~ I.L'11TJS~X.'11.dITC1:lAL"""' i .~r l~`!' ~ I I 1 r- I• I l~~~j~.gY..I w oy{ /y1 L'Y I ~Mli I. wO 1. /LY ~E,IJ FYI C i1~~ 1 r~Ql I 1 ~~t I if w~.~wiY ..~.w•w.. e~_w~Yri«.•.~• 14 ..ra BC~iw~w6-'°°'i I .~Yt: ! I : •.~fl. ~+yq •ay ~g~u,GF'iJ~i1Y~~ Vv~/ ~ FY / 1 I I''' ~ s 4• f~1 a~vs.~i ~ii'~" / taw ~~r P 4'w~z w .w %V% t__ ■ tau" 0 ~ !s 1 q •rwrw 1 I---------- A~s.• ~Afa!',CIS.O. CA"!is ?.Ylim .Y Yw. v ~ « ✓ 'r'w' ' yes w . , ,,X~ x !9 ~ ~ ~Iwrr~~~'!.i wJ ~ ~j~,j7.:3 ~ ~ ~r.` "a<~r•\/{!x.r a.!~;«k~rw'~ '~iT~y'XA+~,~ r1"' f'.,e i i ~f ~'~+"r' air •rw~.Gii'7Y'r1~w••~'~'1r••r rwwa ' WE~ POP r' •YYIY YMr~uYYI~`~~MY~~`r~. r.~yrr■ ~ ~ ..Y M.+Y. rrY11.Yr>MM.11 ~ E r «M~ 0.1N NT^^ IlOENU RftmwA 1 d rwu ww w ~ roe rw eYee rt 1 r i 02 v 14 32.x 10 MW { 0 tveam~ 0 .4gond3 AGENDA INFORMATION SHEET AGENDA DATE: `lovember3`d, 1998 DEPARTMENT: planning& Development CNVDCNI/ACNE Rick S% M& I ) M CCU (fold a public hearing and hear citizen comments regarding proposed amendments to the Landscape Ordinance. {The Planning & Zoning Commission recommer'e approval, by a vote of 4-0, with 3 absent, ) BACKGROUN Staff has proposed several amendments to the City's Lands:ape Ordin&3ce. The attached ordinance (see Fxhibit A) provided exact wording of the revisions, Revision explanations are contained in this staff report. A City Council public hearing is scheduled for November P. 1998 to hear comments regarding the proposed amendments, deferring format action until November 170, 1998, The City Council members have reserved the opportunity to discuss the amendments during the November 10'", 1998 work session to determine if further revisions are appropriate prior to the final vote. Most of the proposed amendments are intended to make ordinance compliance more reasonable for property owners without sacrificing ordinance objectives. Details of the proposed amendments are provided in the next section of this report. During the October 28'", 1998 Planning & Zoning Commission meeting, several issues were discussed as summarized below: d public Issues: • KDB representative supports the ordinance overall, but suggests that Landmark trees be fine tuned to include stiffer provisions to protect and preserve Landmark trees based on what is currently proposed in the a,nendment. ♦ No one was present in opposition to the ordinance. 0 • Commissioner Issues: • Enforceable way to regulate large gees from damage and destruction. • Issje of residential "uses" removing Landmark trees when pending zoning cases is at hand for more intense uses. The commissioners considered this to be a conflict in the ordinance, allowing these uses a loophole in the process. There is nothing in the ordinance disallowing removal of trees where "owner occupied" residential uses • exist. A clearing and grading pine is not required in this instance to remove a tree, O The residential use "ownerlaccupant", once the property improvements are 1 complete, is exempt from the ordinance's provisions. Residential use owner'occupants may clairl an exemption to the ordinance provisions when construction projects from residential uses are proposed. I ()1) Dmumiv13A Clit. 111 I andwaN 0t&njmc (C AI% I omd, 0 d 3no•9e,dm Page t .r 0 ~a 0 _ f • Set up a standard monitori+. l,, /reporting system to the Planning & Zoning Commission and to the C'i ':ouncil that periodically reports Landmark Trees preserved and Landmark T, -s that are mitigated. This would allow public monitoring as well. (Staff. - orted that Designated Monarch Trees are currently located on a map through thv, GIS system, and numerically cssigned a DST number for tracking,) o Alternative landscape plans were discussed in general. After the public hearing ended, the Planning and Zoning Commissioners voted to recommend approval of the ordinance as presented by a vt to of 4-0, with 3 commissioners absent. ISSUES FOR DISCUSSION General Auorollccl 1'he basic premise of the landscape ordinance is to require all property owners to participate equally in contributing to Denton's "urban forest." The "15 / 20 Role," which requires 15 trees per gross acre of site area and a minimum of 200/o open space for plantings, is attainable and has not stymied development, Several landscape plans have been reviewed and approved by staff, but most have not yet been installed. An example of a project in compliance with the new landscape regulations is the new lack-ln-The-Hox located on Univer.,ity Drive. Some problems have been encountered witi projects for which site acquisition and design had begun previous to ordinance adoption, but staff has worked with the developers of these projects to avoid major problems. 1ndIv!Ja1l Issues The major issues of the current version of the ordinance are listed below, identifying the requiremcrts as drafted a-td discussing possible revision options, No changes are proposed that would make the ordinance more restrictive; instead, staff believes that "developer-friendly" revisions are needed to f improve the fairness of the regulations without sacrificing the spirit and intent of the ordinance. 1 S E #11: MONARCH TREES - NOMINATION & DESIGNATION CURRENT REG LE `j,QN~: Monarch Trees are defined as having "unique community value", and are specifically prohibited from removal upon designation. ire tree on the selected species list is 500,16 or greater in diameter (15°% or greater for unlisted species) than the largest recorded tree in Texas (according to the state's Big Tree Registry), it is eligible for nomination. A property owner may voluntarily confirm a Monarch Tree designation in writing. An appeal of a nomination must be decided by the Planning and Toning Commission. ORDINANCE PERFORMANCE: Significant problems have been encountered. When the issue of Monarch Trees was first discussed by City Council members, staff proposed a flexit it concept that would nominate only the unusually large, unique, or historic trees in Denton. 1 he staff intent was to impact only, a very small minority of Denton's tree population. Council members felt that the process was too discretionary, and asked staff to work with the KUB Tree Board to develop a measurable nomination standard, The Big Tree Registry was discussed, and 0 was soon added as the standard for measurement. Instead of discretion on the part of the Planning and Development Director, a 30 °'a or 75°'o size threshold became the determinant for nomination. The size thresholds are the greatest problem encountered thus far. In instances where mature trees exi-t on a proposed development site, there is a high probability that a Monarch Tree nomi ration will be required. ('761)(XwummuWai. rfl Lndn<are(hdiname Cl'~li land~lkd ?naraA.dnt Pepe 2 A War" , O MVWA" Evaluation criteria for Monarch Tree designations have not been provided to the Planning and Zoning Commission, and this has caused diRiculties in deciding if trees should be designated or an appeal yreuted. Comments have also been received favoring a public hearing requirement it association with P&Z Monarch Tree dcliberat+ans. The major issur involved with respect to Monarch Trees is: "To what extent should a private developer be expected to alter a site design to protect Monarch Trees to the benefit of the public?" Even if the size standard is revised, questions regarding the exercise of city authority must be answered. In lis,ening to previous Council discussion regarding this issue, staff had 11 aught that the original intent was to ask (not require) the private developer to investigat he possibility of saving unusually large trees instead of clearing a site without any 4 regard for : xisting vegetation. RECOMMENDATIONS The Monarch Tree nomination process should be changed to allow the Planning Director to designate "Landmark" trees if they are 75% of the Big Tree Registry standard, and allowing property owners to elect to either preserve the tree or mitigate Its removal by Installing replacement trees, QPTION tll Tho Planning & Zoning Commission could be given specific criteria to evaluate Monarch tree nominations. Such criteria could include finanr,ial / economic hardship, reasonable efforts made to explore altema!ive site plans, and relative visual and environmental impact of the tree if designated. A public hearing could be required before deliberations. OP I rt21 Use of the Big Tree Registry could be discontinued. If a tree has specific community value, interested citizens can petition the Planning Director to nominate the tree as a Monarch Tree, 1 SUE #1; EXPANSIONS & RECONUCTIQN ("GRAND-FATHERING" CURRENT REGULATIONS: Any expansion or reconstruction that exceed 25% of an existing structure's gross floor area or 2590 of a parking lot's paved surfaces requires total landscape compliance for thu entire site. 9RDINANC PERFORMANCE; This provision has not yet been triggered by a development proposal. This same requirement has been criticized as part of the proposed interim Corridors Ordinance, and is currently being revised. The landscape ordinance should undergo similar review. RECONINIENDATION: apply requirements only to the newly expanded portion of • existing development, in effect "grand fathering" all structures and parking lots In existence prior to May i', 1998; or QPjIQN q : Set total site compliance to a different percentage of gross floor area expansion, such as 3590, 50%, 7590 or some other measurable standard; or OPTION b?: appl; requirements only to new development, 100% reconstruction, changes of use, or occupancy of an existing structure whose use has been discontinued for at lea.,: one year, ISSUE 0: CLEARINUL"RADING PERMIT REVIEW ROCESS CURRENT REGULATION : A Clearing and Grading permit is required as a part of the j landscape plan. A plan showing the limits of clearing and grading Is required before such activities may be comYlenced. Areas outside the limits of clearing and grading must be left in i C . My Umvm"Im SH 61.111 I and, "ordinaxtLCAIS I. andslh63 me%% doe Pape 3 { ee x.4„~ 32 :t'Q { .1 4 e nrevJr O iRtg17i/W 1 i an undisturbed state. The applicant must demonstrate that "reasonable construclion practice will be employed before the permit can be issued, ORDINANCE PERFORMANCE: The review criteria is subjc:t to interpretation, and necessarily so because many different factors must be considered when grading plans are generated. The more complicated tasks fall to the Engineering Department during Development Review Committee (DRC) evaluation for subdivisions. Individual plot plans are reviewed by Inspections staff, and if necessary, the Engineering Department. Wholesale clearing and grading of land has been avoided after plan review has been completed, so some success has been realized. t,3ECON MENDATION. No revision options are offered at this point. Staff uses economic (cost) criteria to determine if proposed construction practices are "reasonable", and until other issues such as (loodplain preservation are addressed, some tracts of land may undergo significant or even total site disturbance and grading. Staff wanted to info,rn Council of the current status of the clearing and gr Iding requirements and some of the limitations involved when trying to rr,iiimize unnecessary site disturbance. ISSI,E NA: TREE PRESERVATION CREDITS CURRENT REGULATIONS: When existing trees are preserved as credit toward meeting the 15 trees per acre requirement, credits are not allowed for stems under 6 inched in diameter, The current schedule for credits: EXISTING TREE CREDITS / REPLACEMENT TABLE DBIi of Existing Tree Trey Credits / Replacements 6 to 12 inches 1.0 12+ to 24 inches 1.5 24+ to 36 inches 2.0 36+ inches 2.5 • Replacement is required for public projects only. ORDINANCE PERFORMANCE; Staff has not encountered problems that couldn't be resolved, bm new 3-inch trees should not be required because credit is not available for saving existing 3-ir,n trees. The tree credit approach has been used advantageously by developers for several project landscape plans, and does provide realistic incentives for tree preservation. RECO;MMEN"ATION: The following revised credit schedule should be used: PROPQSEDTREE %REDI TABLE R f x s n rm Proposed Tree Cr_edit_s 3 to 9 Inches 1.0 9+ to 13 Inches I,S 1s+toIt inches 2.0 • 21+ to 27 inches 2.5 d t 27+ Inches 3,0 i~ The existing (currently approved) tree credits UMe should be used to determine replacement requirements for public projects, and should be moved to the proper section of the ordinance. f C. My U cumvU P('BliT I mdxane Ordinam a (C AIS I.md, OWnm9s.doc Page t Msr' I., k 0❑ 32 x [[I , 0 , o s I ISSUE NS: ALTERNATIVE LANDSCAPE PLANS CURRENT REGULATIONS: Alternative landscape plans or methods of con.2liance are not mentioned in the ordinance. ORDINANCE PERFORMANCE; The 15120 Rule is functioning we l initially, but some inquiries have been made, asking if some portion of required trees (15 per acre) can be planted off-site or if pervious paving materials can qualify for partial credit toward the open space requirement (20 to of site area). Some flexibility might be helpful to avoid varianc. peLtions, but limitations as to the extent of alternative compliance should be establs!:cJ. Credits for i pervious paving materials will redace open space and generally increast parking areas in proportion to total site area, RFCONIMEND4TION; Rather than requiring approval of a variance petition, allow a developer or property owner to submit in alternative landscape plan to City Council for approval, requiring on explanation of the need for the alternative plan and the advantages offered in lieu of the relief request.,d. This option would resemble the "Site Plan Option" currently being explored is a possible approach for the draft Corridors ordinance. OPT ION: Defile exact standards that indicate acceptable methods of alternative landscaping, including maximum levels of credits or thresholds that cannot be exceeded when using such methods. _ISSUE Nb: EXEMPTION CURRENT RZ EGUI"N5: The Denton Municipal AirpoM the Fry Street Area, and t lions of the Central Business District (CBDI are exempted from the evdinauce regain- nents. .IM NCE PERFORMANCE: The exemptio is have created no problems, but the unique nature of landfill activities could pose a future problem. RECONPIENDATION-, The municipal landfill should be exempted from the ordinance. i 5S E q7 -$UE RE )ARENIENT FOR NEW ]REVS (not reviewed by Council) CURRENT REGULAR IQN~: All trees platted to satisfy the tree standards must be a minimum of three (3) inches in diameter at breast neight (DBH). ORDINANCE PERFORMANCE: Some developers have complained that 3-inch DBH trees are too expensive to be considered reasonable, and that Southeast Texas Nursery Growers' Association recommends that measurements for caliper (diameter) be made at a point "six inches from top of container", ra,her than at a height of 41/3 feet (w'hicn is DBH height), The difference in the point of measurement is also causing problems in preparing landscape plan • spccifications. Larger trees teed to have a better chance of survival than smaller trees, but staff is also interested in a requirement that is reasonable. RECOMMENDATION: Require newly Installed trees to be three (3) Inches in caliper as i per the Southeast Texas Nursery Growers' Assnctatlon. OPTION; Require newly installed trees to be five (5) inches in crtiper as per the Southeast Texas Nursery Growers' Association, to r.pproximate a 3-inch DBH tree. • 0 • KIlEUULF:OF PROJECT City Council Public Hearing: November Yd City Council Work Session: November 10'^ City Council Public Hearing & Adoptiun: November 17i' t`. My tbavm"t, M036T14 I andsc." Udlmme(x' AB t.wd, Ord 3no.ol des Page 5 0 EBIOR ACTION/REVIEW The landscape ordinance, Chapter 31 of the City Code, was adopted by City Council on April 7'h, 1998 and became effective on May 1", 1998. Planning staff was asked to provide a performance evaluation once the ordinance had operated for a sufficient period of time The landscape ordinance has generally performed as intended during the last four months, but some changes should be made, as identified in the proposed amendments (attached). A chronology of meetings that led to ordinance development is provided below: ORIGINAL ORDINANCE Public Meeting: December I I'h, l^97 I Planning & Zoning Commission Work Session: January 140, 1998 Keep Denton Beautiful Tree Board Mtg,: January 21", 1998 Planning & Zoning Public Hearing: January 2ti'h, 1998 (recommended approval, 5.2) City Council Work Session: February 10'h, 1)98 City Council Public Hearing: February 17'h' 1998 City Council Work Session: February 24'h, 1998 Keep Denton Beautiful Tree Board Meeting: February 25'h, 1998 Chamber of Commerce Meeting: February 27'h. 1998 Cily Council Public Hearing: March 3`d, 1998 City C oun,il Work Session: March 24"', 1998 Chamber of Commcrce Meeting: April 2nd, 1998 City Council Public Hearing, April 7'h, 1998 Ordinance Adopted: April 7'h, 1998 Effective Dale: May 1", 1998 ORDINANCE AAIFNDNIENTS City Council Work Session August 25`h, 1996 Planning & Zoning Commission Briefing September 91h, 1998 Keep Denton Beautiful Tree Board Meeting September 16% 1998 Chamber of Commerce Task Force Meeting September 20, 1998 Planning & Zoning Commission Briefing September 26th, 1998 P&Z Public Hearing / Recommendation October 2Ph, 1998 (recommended * . approval 4.0) AT I ACH,MENTS Exhibit A: Draft Landscape Ordinance Exhibit B: Native Plant Society oC rexaa Comments s ~Ytc3pcTtrully sobmitted:~ David HII! Directnt of P lann Ing and Dove lapment t (",My rxKuncna}.ICbt111 rinduaro Ordinance CC AIS tJnd1(xd J"" dLv P1ge 6 i i ti o 0 m Ordtnanu Y9.100 iCITY OF DENTON DRAFT LANDSCAPE ORDINANCE REVISIONS 9 Current Ordinance: Adnpted April 7th, 1998 o Effective Date: May I't91998 • Draft Revisions: September 10'fi,1998 o Review Schedule: o P&Z Public Hearing & Recommendation: October 28'h, 1998 • City Council Public Hearing: November 3rd, 1998 o City Council Work Session: November 10'h, 1998 9 City Council Public Hearing & kdoption: November 17th, 1998 • Probable Effective Date: December 3 d, 1998 o The Revisions: • Proposed deletions are indicated using a single lino-swike 4M9uglr: a Proposed additions are indicated using a gray highlight ORDINANCE NO. 98-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CffY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT; PROVIDING A MANDATORY MINIMUM PLANTNG AR."A FOR ALI, DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GitADING FOR DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE ?RESERVATION OF I REFS; ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERVARDS; PROVIDING FOR'THE ADMINISTRATION OF TREE INVENfORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMFIIT OF THE ORDINANCE; S PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE T"~ ORDINANCE; PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT uF 31,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES LISTI PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF 3,500.00 FOA VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, O WHEREAS, the City Council for the City of Denton, 1 axes has determined Ihel the continued growth of O , the City of Donlon is straining the ecological and esthetic environments of the City of Denton; and, s'LO WHEREAS, the City Council for the City of Denton, Texas finds that growth, clear cutting, mass grading, and the Increase of Impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Denton; and, Draft landscape Code Rovlslorts: for Ocleber 28'", 1998 PaZ Review Pogo 1 32 X e tea. 0 Ordinance 98.100 WHEREAS, the City Council finds that It Is In the public Interest to Insure that new developments In the City of Denton will help preservation, protection and enhancement of the ecological e,1d esthetic environments of the City; and, { WHEREAS, the City Council finds that the current landscaping, screening and tree preservation ordinance codified In chapter 31 of the Code of Ordinances, City of Denton does not presently meet the needs and demands of the City and that chapter 31 of the Code of Ordinances should ftrialore be repealed; ard, i WHEREAS, the Ci.y Council recognize that the establishment of new rules and regulationv for mandatory tree rxutisments, mandatory planting ureas In developments, limits of grading, landscaping, and tree preservation Is necessary and in the Interest of the public welfare, and that an elf:n;live method to provide for the same is the adoption of a new landscape ordinariA rules and regulations and state law; and, WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THERcFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the "Landscaping, Screening and Tree Preservation " Chapter 31 of the Code of the City of Denton, Texas, be and the sarr,o Is hereby emended by the repeal of Chapter 31 of the Code of the City of Denton, Texas; and, SECTION fl. That of the Code of the City of Denton, Texas , be and the same is hereby emended by the adoption of a new Chapter 31 of the Code of the City of Denton, Texas, entitled "Landscape so that hereafter sald chapter shall be and read, as follows: ARTICLE I. IN GENERAL Sec. 31.1 Short Title. This choplor shall be known and may be cited as the Denton Landscape Code, i See. 31.2 Statement of Purpose. The intent of lhls articae Is to promote the immediate and long-term public health, safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage. This article Is intended to promote the following general purposes: (1) Preservation, protection, and enhancement of the eco'n cal and aesthetic attributes of the City, T (2) Ecological stabilization through urban forest management that contributes to the processes of air O purification, oxygen regeneration, gnx;nd water recharge, storm water runoff retardation; and promotes energy efficiency and water conservation, thereby abating noise, heat and glare. (3) Prolection, preservation and advancement of the urban foresCs ap;#;arance, character and value that Includes all properties within the community, and that ;ontribulos to a strong sense of nelghborhood, community, and quality of life. (4) Protection and prdservation of na',ve end specimen vegetative species, their ecosystems and • natural habitats and preventing damage to and unnecessary removal of ve;etation during the lend O S development and construction processes, (S) Acknowledgement that trees and landscaping add value to ropery, protect public and private investment to the general benefit of the City and Its residents. (8) More specifically, this article Is Intended to: Draft Landscape Codo Revisions: for October 28"',1998 P32 Review Page f I~ 2 I P X10 • s I Ordinanc* 9e-106 a. Protect water resources, flood plains, environmental quality, and the natural and man-made physical and visual quality of the City. I b. Mitigate the effects of Impervi,)us surface land coverage by structures and paving that tend to increase ambient air temperature and generate greater water runoff causing eroslon, flooding, and water pollution, u. Prevent clear-CL'tting and mass grading of land by encouraging the use of natural terrain for budding sites, and by providing cluster development Incentives. d. Promote native plant species preservation and replenishment, and encourage the use of drought tolerant and Prv water usage vegetation, e. Provide incentives for tree preservation. f. Protect and provide wild 'a hebitan. g. Require landscaping and sueening to promote land use compa';Dllity and Improved aesthetic quality. h. Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution. See, 31.3 Definitions. Clearing: An Intentional act to cut down, remove all or a substantial parl of, or damage a tree or other vegetation that will ;aued the tree or other vegetation to decline endlor die, Clearing Is defined to Include, but not be IlmlUd to, chemical, physical, compaction, or tnvding damage. Clear-cutting is a clearing activity conducted over an entire lot. Critical Root Zone: A circular region measured outward from a tree tru k representing the essential area of the roots that must be maintained cr protected for the tree's survival. A tree's critical root zone Is n eaaured as one fool of radial distance outward from the trunk for every Inch of tree DBH, and may be no less than a radius of eight (6) list. DOH. Diameter-at-breast-height (DBH) is the tree trunk diameter measured In Inches at a height of 4.5 feet above ground IevM. If a tree splits inlo multiple trunks below the 4Yj feet level, 091-1 will be defined as the sum of each Individual trunk measured at 4Y, feet above ground level, or the single trunk at Its most narrow dimension, whichever Is greater. Director. The City of Denton Director of Planning and Development, or the Director's designee. Drlpflne The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground. Erosion: The detachment and movem( a of soil or rock fragments, or the wearing away of the land surface by water, wind, Ica, or gravity. y Grading., The mechanical or physical act of dislurbing, moving, removing, transferring, or redistributing 0 soil or earthen surfaces. Oro s s Lot Aroa: An area under public or private property ownership, whose lot lines are described by plat or deed. Ground Covor: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil oroslod and el" Moisture loss. lmparvlous Surface: A r.rface that has been compacted or covered with a layer of material to that It O Is highly resistant to Infiltration by water. industrial Property: Properties developed with tend uses described In the 1487 STA gDARD INDUSTRIAL CLASSIFICATION MANUAL, published by the Executive Office of the President, Office of Management and Budget, within the following categories: Manufacturing (Division D) or Terminal and Joint Terminal MaBdenence Faculties for Motor Freight Transportation (Divislon E, Major Group 42, Craft Landscape Code Revisions: for October 211". 1096 PU Review Page " 10 32X10 1 O aswanra Ordinance 96.100 Industry Group No. 423). j Limits of Clearing and Grading: The boundaries of that arcs of land Identified In a landscape plan to ff be subject to soil disturbance or Geared or trees and other v%eilation in conjunction with a proposed development or land use. Live Plant Materials: `live' plant melerlal, Including grasses, annuals, perennials, bulbs, groundoover, shrubs, and trees are ootenical plants that are nourished through '.he processes of air, water, and soil nutrients. Plant malcriais such as, plastic, fibrous, silk or other non-live materials are not considered "live plant materials. 149narolt- Landmark Tres! A tree that has been determined to be of unique community value because o its size, specie, age, form, historical sign "noe, or other unique characteristics. A Menorah T409 is " , Outdoor Storage Area: Arty area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks a outdoor shipping and receiving areas; outdoor storage of bulk materials and for parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle erealers, or inspection stations. Temporary construction and related activities are excluded from this definition, Permanent Tree Protection Devices: Structural measures, such as retaining wells or aeration devices, that are designed to protect the tree and its root systems throughout its lifetime. Planting Area: An outdoor area, the surface of which may not be covered by Impervious surface materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of frees, shrubs, groundcovers, fences, wells, end/or earthen berms. Temporary Tree Protection Dovkes: Physical barriers, at least four (4) feet in height. Installed prior to construction for the purpose of preventing damage to trees. Such devices Include snow fencing, chain link fence, b: ')ad wire fence, vinyl construction fencing or other similar temporary barrier, may be no less than four feet In height, and non-Intrusive to the tree cnncat root -,one. Trae Topping: The severe cutting back of limbs to stubs larger than three inches In diameter within the tree's crown to such a degree [hat removal of the lop canopy disti;lures and Invites probable dise&se to the tree. Vegetation: NI plant life; however, for purposes of this chapter Will be restricted to mean trees, shrubs, ground cover, and vines with the exception of state and feder;itiy protected or •,idongered vegetative species which in all cases shalt be preserved. Vehicular Surface Area: Any outdoor off-street area used to tiara or drive motor vehicles that does * not contain defined off-street parking spaces. Paved areas used for drive-through windows, parking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas. O , Sec. 31-4 Applicability. I (1) All property located within the city limits of the City of Canton Is subject to the provisions of this article. Clearing and grading permits shall be required for ell property prior to the commencement of i clearing and grading aclivity. Complete and accepted tree inventory plans shall be required prior to preliminr y plat approval. Approved andscape plane, which may also demonstrate satisfactory 0 f clearing and grading requirements shall be required prior to final plat approval. Approved plot plane shall be required prior to Issuance of bul'd ng permits, and inspected for compliance prior to final Inspection and/or issuance of the certificate of occupancy, (2) The requlrennocts of this chapter will core to be In effect upon the satisfactory completion of the final InspecWn fv single-family and dup a residential swellings. Draft Landscape Code Revlslonn: for Oalober e6l", 1998 FAZ Review Page t~ tie> . I 110 32 1 0 i o , 0 ,r!f i Ordinance 92 1 previous # E* ebepl 9seurs:qF `0 b. Parking tells) ewei+ieu ;or 611486e Weals) 11FROFSOeFADFilis are PFOP0606, whish would FSGUII !A GA r-wetaA-result-Ir+ I (3) When remodeling, redevetoprnont, or reconstruction is proposed on played property that would result In an expansion of gross floor area, parking lot area, or vehicular su'r'sce area, the following provisions shall apply: a. When remodeling, redevelopment, or reconstruction is proposed on property that would expand existing gross floor area of the lot's structure or structures by less than Many-five (25) percent, the proposed activity is exempt from the prcv'iions of this iii ie, b. When remodeling, redevelopment, or reconstruction Is proposed on played property that would expand existing gross floor area of the lot's structure or structures by Iwentyfhre (26) percent or more, but less then fifty (60) percent, only the portion of the site where the Wonslon is located is subject to the provisions of this article. c. When. emodeling, redeweioprhent, reconstruction, C' expansion Is proposed on platted property that would expand axtsling gross floor area of the (oft structure or stnrctiires by fitly (60) percent or more, the entire property must comply with the provisions of this siilcle. d. When paWV tot or vehicular surface area Improvements are proposed :hall would result In an impervious surface' expansion of twenty-five (23) percent or greatdf,',"r:;WOu(d result in Impervious surfe(a reconstruction amounting to twenty-five (25) ptircerit ,N greater, the requirements of :',action 31.7(1) shall be applied only to the area whore,tt,e expension,or reconstruction occurs. This provision shot! apply only when such Improvements are not part of a structural remodeling, redevelopment, or reconstruction propo-jal. Sec, 31-5 Exclusions. i \ (1) Property being actively used for agricultural, ranching, or livestock production and serves as the sin of primary income for the owner/lessee is exempt from the provisions of this article. A siearing and grading permit must be submitted, without charge to the applicant, to serve as declaratic n of exemption from this article. Property Identified In the permit Is excluded from any A other land uses, other than those defined In this section, for a period of no less than 5 years from the data of issuance of the clearing and grading permit. (2)-The4)enter> MuR 9 poi A afy (AppondiN 8)are-exsrropt-uroa~ +o UverlayDi kA g pfoylGeFis of ii onoo. O 1119 following area shall be exempt from the provisions of this article; e. The Control Business District, amended as shown In Appendix A; • y b. Tire Fry Street Development Corporation Boundary as shown in Appendix B; c. The Denton Municipal Airport as shown in Appendix C; And d. The Denton Municipal Landfill. Draft Landscape Code Revisions; for October 18", 1998 PU Review Page 5 1 O Ordinance 90.100 ~i (3) Single-family homeowners may claim an exemption from the provisions of this article if they verify their status as th9 owner or contract vendee of the property before the final inspection Is completed, and verily in writing that they will be the occupants of the home. ARTICLE 11. TREE AND LAND PROVISIONS I Sec. 31-6 General Provisions, (1) Tree Requirements a. Trees: All property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of gross lot area Industrial propert; shall provide trees at a ratio of fifteen (15) trees per acre (43,660 square feet), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent of the gross lot area or by exclusion of the main enclosed structure ground floor area from the groan lot area, whichever is less. b. ,1i g: All trees planted to satisfy the bee standards must be a minimum of three (3) Inchas in diameter caliper meadufed alai ($}>nbnas kari top of.tidnte. ef, c. E2g-ul : A11 trees planted to meal the requirements of this section must be listed on the Selected Species List. No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feel, measured horizontally, from the nearest overhead utility Gne. d. Soecies Diversity: The following Species Diversity Requirements shall apply to all Landscape Plans, but shall not be used to limit eligibility for tree credits: Number of Required Maximum Percentage Site of Any One Species 10.19 50% 20-39 35% 40-59 25% 60• 15% ; g Tree Selection: At least 50 percent of the total tree requirement for the property shall be Large and Medium Trees as specified In Sec. 31.15, Selected Species List. The remaining trees may be any size tree as specified in Sec. 31.15, Selected Species List. (2) Land Requirements O a Planting Area: All property shall reserve as planting area a minimum of twenty (20) percent of gross lot area. b. 4&rit3 of Clearing end grading: The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any construction activity. The limits of clearing and grading shall deslgnale the outermost edge of the area within which the existing topography 13 to be altered by cutting, filling, and vegetation removal. In evaluating the Limits of Clearing and Grading. She Development Review Committee shall determine that reasonable • construction design principles, practices, and Installation techniques have been employed to O O minimize areas subjected to disturbance The extent of land disturbance shall be minimized, and shall accommodate only the following activities: (1) Street construction and necessary slope construction. However, such clearing shall meet the criteria of the City. Draft Landscape Code Revisions: for October 28'", 19981 Review Page 6 I CJ 32X 1 A I r!aw~ 0 I Ordinance 96.700 (2) Public service or utility easements and rights-of-way. This shall Include areas for utility line installation with any temporary construction easements necessary for such tnstanation and easements for maintenance access. These easements shall not be cleared prior to actual i tae installation, Temporary construction easements shall be located to minimize soil disturbance and tree removal. (3) Building roof cove. age area and ancillary structures, such as covered patios and porches, plus up to 10 feel on all sides for construction activity, (4) Driveways, alleys, walkways, parking lots, and other land area necessary to the installation of the proposed development or use. Other necessary land area may Include area for tennis courts, swimming pools, and related structures and uses. (5) Area (of septic field as required by the Utility Departnent. This shall not Include area necessary for reserve lines until such time as the reserve lines must be installed, (6) Sediment basins. Only the area necessary for the construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation. Configuration of the basin shalt use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposit of sediment andlor debris shall be removed by the property owner. (7) Detention ponds, Only the area necessary for the construction of the dam and the area necessary for construction and maintenance of the pond shall be cleared of vegetation. Configuration of the pond shall use natural terrain as much as possible to minlmize vegetation removal, Any vegetation that dies as a result of the deposition of sediment andlor debris shall be removed by the property owner, (8) Other types of construction, or land activity sssoclo-,d with construction, not listed in Items 1 through 7 (above), that are necessary for the reas nable completion of the project, (3) Street Trees (reserved section) Pending Comprehensive Plan completion, this section serves as notificetlon that the City of Denton intends to lmptement street tree requirements In the near tufure. (4) Tree Credits a, Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 15 trees per acre, if tha trees are healthy and without substantial damage or defect. Tree credits shall be .amed In the following Increments: Tfett + Pros+~lnra ~ ~hashes } A s 4r eo 361 1 oh DBH of ExislinaTieg Tree Credits A+ to 151 riches 154 to 21 Inches ~a 2,0 2 1 + to 21 Inches 2,6 r 274 Inches 'rti46 J f Ora 3.0 0 • b. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-cf•way or easement purposes, unless the property owner can Draft Landscape Coda Revislons; for October 28'", 1998 P&Z Ravlow Page T 8H' a ;'rte F t+ 5 K 32XI Eli { 'r' '4 om~ { ;rMxra+f.Y ' ' U Ordinance 99.100 demonstrate the ability to protect the a ^diled trees by way of restrictive covenant or other legal Instrument considered satisfactory by tie City Attorney. c. Tree Credit Protection Measures: Tree credits will not be permitted unless temporary tree prclection devices are installed at toast to the limit of the critical root zone or the dripline, whichever Is greater, during construction activity, The following activities shall be prohibited within the limits of the critical root zone or dripline of any tree being preserved for credit: (1) Physical Damage: Any physical damage to a tree preserved for credit that Is considered to place the survival of the tree In doubt shall be eliminated as a credited tree. Tree lopping Is prohibited for trees preserved for credit. (2) Equipment Cleaning and Liquid Disposal: No equipment shall be claz:ied or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected or monarch tree. This includes paint, oil, solvents, asphalt, concrete, mrAar, tar or similar materials (3) Grade Changes', No grade changes (cut or GII) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Director of Planning and Development. (4) Impervious Paving: No paving with asphalt, concrete or other impervious materials In a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree, unless otherwise specified within this article, (5) Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree (6) Tree Attachments: No signs, wires, or other attachments, other than those of a protective nature shall be attached to any protected or monarch tree. (7) Vehicular Traffic: No vehicular and/or construction equipment traffic, parking, or storage shall lake place within the limits of the crlllcal root zone of any protected tree other than on existing street pavement. This restriction does not apply to single Incident aorcrs within the critical root zone for purposes of clearing underbrush, establishing the b.ilding pad and associated lot grading, vehicular access necessary for routine utility inalntanance or emergency restoration of utility service or routine mowing operations (s)-Monarch Landmark Trees Meneren Landmark Tree norrinations will be prepared by the Director, during landscape Plan review or after the evaluation of nomination proposals submitted to the Director. Those specie with A a-' om d arrielar~ 1p, WrA (Seallion all 1 1 Will be eligible far Mon rch fees erw net on ~4nyolheNree spec eivrlh a minimum diameter of at least 75% of the listing In the most current publication of the Texas Forest Service ajy Tree Reaistrv tire else eligible far Monarch tend mark Tree nomination. ~Aeewnef TfeeiaJooate 4mW'Drx~_de5'gnalien-Ir}wril nt3 1 in d the fixiepoFty 0001;99 "a A ot~k~.anon la~he~y planning .and Zeno ng--Gernmssiea,-whefe review 6aA--f+nal dec s on ~r u-be rsaeAe-Upon li a free eligibte,to+ landmark ron A final on is so desfgnaled by the birecla, the owner of the,tree tiwei eldrbr preleivd the free In O • 1 accordance with Section 31.6{4)c of this article or proVkle teplaCemaril lreea Wl~t d oombined caliper 1n Inches, measured six (6) inches above u,e IoK of contatnef, equal io ane fraH (50461 of the diameter in Inches, four end one-half {4Y.) feat above ground level, of lh! dominated Letidmark Tree that is removed. Draft Landscape Code Rnvlsions: for October 28'", 1995 PU Review Page a a rtx~ ` fa, , Jz'~iz } } ~3 J 41111111 l, - I 9 • ,®rsasa ' O ,:are :w I ' Ordinance e9-100 (6) Residential Subdivisions a. Residential subdivisions may demonstrate compliance with the 15 trees per acre Tree Standard by calculating the average number of trees per acre for the area contained within the entire subdivision. I , b. If a i aldential subdivision achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, Including land required by the City's park dedication ordinance, of to be maintained by a homeowners' association, minimum lot size may be reduced by ten (10) percent in order to realize (he maximum density allowed within the zoning district. (T) Public Property a, Aft lands owned as Individual lots by governmental entities are subject to the provisions of this article to the extent allowed by taw. The City of Denton appreciates the participation of federal, state, county, and other jurisdictions in the management of the City's tree cover. { i b Construction Projects located within Public Rights•ol-Way and Easements: The area defined by project limit lines will be used to determine tree standard compliance. Trees removed must be replaced oil the seme beels used to ealowle's Mee eredils in aceordarkot ith,the (able provided Iii this section, if replacement trees cannot be planled within the project area, they must be planted within areas designated by the Director and consistent with city open space plans. DbM of Tree Replacement F-xistlna -ft Reouiremenf S to 12 inches 1.0 12 r to 24 inches 1; 1.6 24* !0 3A inches u' wl • 2.0 38+Inches " 2.6 (8) Functional Requirements i, a, View Obstructions. All landscaping, trees and screening devices required by this article shall be constructed, Installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction or view be located In the radius of any curb return. b. Iraffic Barriers: All planting areas, including critical root zones around trees and those used fY parking lot screening end Interior landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or similar barriers sufficient to protect A veoetalion from vehicular Intrusion, c. pion t and Planting Quality Conformance: All plant materials, Including replacement trees, shall be specified and planted with plants using the standards of the most recently pubs. hed version of ins American Standards for Nursery Slock, by the American Association of Nurserymen. All plants shall bn clearly tagged by the providing nursery for easy Inspection with the Botanical r Name All landscaping shall be inslalled according to sound horticultural practices, in a manner designed to encourage quick establishment and healthy growth. d $tmkoiling Topsoil that Is removed during construction shall be slored onslte and conserved for G ~s later use in required planting areas. NILOF Draft tendscope Code Revisions: for October 28'",1998 P&Z Review Page Y r hr tY it«~ A' J ~-1 X. 1.~~ 32 x 4 1 t~ 0 Ordinance 98.100 ARTICLE 111. LANDSCAPE REQUIREMENTS Sec. 31-7 Specific Landscape Area Requirements, (t) Parking Lot Screening and Landscaping a. Perimeter Screening: Any parking lot or portion thereof that is visible frcm the public right of way and contains 10 parking spaces or niore shall provide perimeter screiriing. The perimeter of each parking lot, excluding driveways, which fronts upon or is edjacenl io t public street other than a public 311ey shall be provided with shrub screening with a minimum mature height of thirty-six (36) Inches and Installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) i xhes apart, edge to edge. Allernative shrub spacing may be used, with the approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattern dittors significantly from the spacing requirements of this ordinance. The use of berms and planter wails will be allowed to contribute to Installatlon and mature height requirements The slope of any earthen berm shall not exceed one foot of height for each three feel in width. a b. Interior Landscaping, Any parking lot or portion thereof which Is tens Weted end contains forty (40) parking spaces or more shall provide permanently landscaped areas consisting of Islands, peninsulas, medians or edjarent planting areas. One canopy tree shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every five (5) parking spaces. At least idly (SU) square feet of planting area shall be provided for each required tree, and no parking space shall be located more then fifty (50) feet from the trunk of a tree. Al Interior landscaped areas shall be covered by trees, shrubs, or ground cc. sr. c Comolrenge with Tree and Land Reoulrements: The bees or planting areas used to comply with the parking lot screening and landscaping requirements contained in this section may also be used to demonstrate compliance with the 15 trees per acre standard and the 20 percent planting area lot requirements contained In this chapter. d. Distribution of Landscaped Areas: The required landscaped areas for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the department, where the shape or size of the parking lot, the location of existing trees or other nature' constraints remon-bly prevent such distribution. e. Vehicular Surface Areal: Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screening Is required as Indicated in Section 31.7(a)1. Interior landscaping requirements shall be met by providing one tree per 4,600 square feet of VSA, and one shrub per 1,500 square feel of VSA. Tree canopy cover shall be evenly distributed throughout the VSA. (2) Outdoor Storage Area Screening a, Any ouldoor storage area, or portion thereof, must be screened from public rights-of-way using We evergreen screening plants, six (6) feet in height at installation, spaced no more then eighteen (18) inches apart, edge to edge ` A fence or wall may also be used for out•toof storage area screening, provided It Is at least elx (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same matorlal as that of the principal building. Oumpstar enH, osurs openings may not face public right"ll-way unless ' they are gated 0 to (3) Bufferyards a. Sutteryards shall be required under the following conditions: Draft Landscape Code Fil lslons: for October 28r",19981 ' view Page 10 u 32X 10 o 0 Ordlnanc* 90.100 - (1) Mutil-farnliy uses shall buffer when adjacent to single family or attached housing uses. (2) Commercial uses shall buffer when adjacent to single family, attached housing, multi-fam8y , and lesser commercial uses. (3) Industrial uses shall buffer when adjacent to any use, inclur'Ing lesser Industrial uses. b, Plant materials, walls, or fences may be ased within required yards, as specified in Section 38- 9t of the City Code, to buffer adjacent land uses. Trees or plants used In required ysrds may ha used to demonstrate oompiienu with other sections in this erticte. Sec. 31.8 Maintenance (1) Maintenance Requirements a. The property owner or his/her agent shall be responsible for the maintt ance, repair and replacement of all preserved vegetation and landscaping plants 'in, materials as may be required by the provisions of this article. Once the final Inspection has been completed for a single-faraly or duplex residential dwelling, the requirements of this article no longe: apply, b. All plant material and planting areas shell be tended and maintained in a healthy growing condition, replaced when necessary and kept free or refuse and debris. c renees, walls, gates and any other outdoor structures shall be maintained in good repair, Openings within the barriers may be required by the Direclur for ecce6sibllity to an area fv( necnssory public maintenance. (2) Irrigation Irrigation is not regU-^d to demonstrate compliance with the requirdments of this chapter for Individual single-family residences. Sinille-family residential planned developments with communal open space vrlthin p!anned development or single-family subdivisions with communal open space maintained by CC&R's or a homeowner's association ere required to provide underr, ound outorr,atic Irrigation. All uses, other than Individual single-family residences, are required to provide underground sulorn6c Irrigation In all planting areas, Areas within the proper+y that are left In undisturbed native hebltats are not required to provide automatic Irrigation. Ifrlgollon Lt required to cover planted areas within the rights-of-way adjacent to she property. Pr, pef watering is critical so plant survival, particularly during the first three years after tree or plant Installation. With the exception rr Individual singin-(amity residences, trees or plants required as part of an approved landscape Plan, +nust be replaced 4 thoy become diseased, damaged, or die. n~ S Underground Irrlgatlu , shall meet the following criteria: a. Irrigation must meet water conservation methods as established for Irrlgallon systems and must use, (1) Automatic Irrigation control boxes that are programmab a for seasonable weather conditions (2) Sensors that shut off system Irrigation during rain sod freeze events. Q 7t 19) low precipitation, water conserving Ir,lgatlon heads In lawn and slope conditions. 1 (4) Use of drip or pressure compensation tubing Irrigation systems In planting beds, (s) Use of net Irrigation heads under shrubs in slope conditions is allowed. Draft Landscape Code Revisions: for October 28'",1993 Pdi Review Page 111 10 32X10 o I ordimmmc• 90-100 (6) Use of tree Irrigation in planting beds that allows and plans for future growth of the root system. (7) Use of underground IrrlgaW technology that reinforces water conservation. b. Use of non-water conserving rotary heads, spray risers and any spray head which Is not designed as a Iav precipitation rate head In prohibited. c. It Is a penalty of this ordina •ee to allow uncontrol)ed water emissions. d, Irrigation systems must be maintained In good operating condition at ell limes. ARTICLE 1V. ADMINISTRATION REVIEW AND PERMITTING Sec. 31-9 Admintsirstiou, Review and Permitting. (1) Plan Submissions a Tree InventorvP~ap After the effective dale of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree Inventory Plan. The troe Inventory plan shall delineate site trees by type, size and speclke. An inventory map shall delineate tree cover by Identifying all stands of trees with similar characteristics, such as specie, and defined as areas which Include the otter perimeter of the dripline of individual trees, Notation shell be Included indicating the range of height and DSH of trees within the areas, the predominant species within the areas, and the general appearance of tho trees with regard to health, b. Landscape Plan The owner of any property to which this article applies shall submit a la^dscape plan In the form ! and manner specified by the Planning and Development Department before the approval of the I final plot This plan can be combined with the tree Inventory pten. The landscape plan shall contain sufficient detail, as specified by the department, to show the following: (1) The location 9f ail existing or proposed subdivision improvarnenls, bulldl~gs and Impervious surfaces; residential subdivision landscape plans may substilute limits of clearing and g gding designations for Individual lots Instead of detailed bullJing location and Impervious surface Information until the time that a piol plan Is requhed; (2) The limits of clearing and grading proposed for the pioJect; and the trees methods dad to used for tree (5) credit The location, size, specles, Find 4alth of ll purposes, Including tree credit calculeaos existing proposed to comply preservation requirements; (4) The location, size. and sper.ies of all now trees required to meet the Tree Standard of .5 trees per acre, Including the calculations that show how existing and new trees will comply with the ordinance; • (5) When the perimeter endlor internal landscaping requirements for parking lots apply, the 0 A size and location of the parking lolls), the number and striping of parking spaces, the calculations IhAt show how many keel and shrubs are requlnb, the locaton of required plantings and planting areas, the Illustration of tree cenoples as 60-feel wide radius circles; (6) When the property Is required to provide screening for outdoor stoi age areas, the location And speclficalw of screening meterlalr; Draft landseapa Code Revisions: for October 28'",1998 P&Z Review Psge 12 ; 7h qCl 32XNG 4 gum d . ~raenra 0 orain.r,cs ee•+oa (7) When the property is required to provide bufferyards, the location and specification of bufferyard materials; (8) The location of topsoil storage areas; (9) Identification of any trees etiglble for Monarch Tree nomination: and (1D)Such other information, as specified by the department, as may be reasonably necessary to odminiater and enforce the provisions of this articlc c, Irrigation Plan The owner of any property to width this article applies shall submit a Irrigation plan In the form and manner specified by the Planning and Development Department before the approval of the final plat, The Irrigation plan shell contain sufficlert detail, as specified by the department, to show the following: (1) Layout of the irrigation plan. (2) irrigation method(s) description with p"oduct specifications Indicating low precipitation and water conserving heads. (3) Control box and sensor specifications, (4) Location of water sources, d. Review end ADDrovel of the Landscape and Irrigation Plans The Planning and Development Department shall determine the completeness of the submitted La+,dscape and Irrigation Plans within two (2) working days. The plan will be referred to the devalopment review committee for its review and approval. The committee shall return the plan to the department noting thereon its approval or disapproval. If disapproved, the committee shall specify the reasons why the plan does not comply with the provisions of this article, a. EQUIE Belcre the approved of any building permit application a plot plan must be submitted. A plot plan for residential, multifamily, commercial or Industrial use must be conslalent with the Landscape Plan and it mull show the limns of grading and clearance for building construction and Impervious surface Inotallatlon. II shall also Indicate specific lot drainage patterns, the location of any trees preserved for cred!1 on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted, For projects with detailed site, landscape, and construction documents, the plot plan requirement may be waived ' where all Inform0on has been previously provided. • (2) Allernatlvs Complioncs f*Fieryoiltes a Creation of AdiLcjal to I . If the plaHed properly is over two acres in size, the applicant may request permission to crea'a arn'erllflclal lol" to satiny the requirements of this chapter. An artificial tol is Intended to provide adminlstretlve relief for largo silos that will achieve planting areas that exceed substantially more thaa 206 of gross platted lot area after development Is completed. The Director shall approve the ceeatlon of an artificial lot only N the spirit and Intent of this 0 A chapter will not be violated. If approved by the Director, ertMiclal tol lines shall be Indicated on the proposed Landscape Ran end shell contain, at minlmum, the total amount of Impervious surface coverage, l 20% of the area Inside the artificial lot reserved for required planting area. Draft Landscape Coda Revisions: for October 28"',1998 PU Review Pago 17 3 2 x I Q e 0 Oll Orplnanoe96.100 2 The area within the artificial lot lines shall provide bees and landscaping In compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot. 3. The area outside the artificial lot shall be maintained as planting area with live vegetation determined by the applicant. No bees located outside the erlificlal lot lines may be used for tree credits, 4, The artifrclal M lines shall Include areas that, In the Director's opinion, are highly visible from public rights-of-way or are necessary to, accomplish buffering of adjacent properties. b. 6119m9thte L.anditcepe Plan 1. Any property ewrie(of developer n)oy elect to submit a:1 shdrnallve landscapq p{an for city Couholl fevtevr, 60d approval that fops lo'mest the roubehialyta of this 'dFhcld, DLl' '04 6plnlon of the applkadt; $,i lafiet the lplrit and Intent of (his We., Thll ploAnlnp hnd Y~1 Comn11abf0~1tf ef,ell teylew the a emat>ye plan and submh en sdvfsory opinion id Shi My Council prldr to ib ty! Codrlcll action. See. 31-10 Enforcement, Penalties, and Fees (1) Bond7Cash Deposit In lieu of installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the City, conditioned upon satisfactory installation of the landscaping proposed In the landscape plan. (2) Penalties That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance Is violated shall constitute a separate and ? . ct offense. Sec, 31.11 Civil Remedies (1) Nothing in this chapter shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this chapter end to seek remedies as allowed by law, Including but not limited to the follow'ng: a, Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that Is necessary for compliance with the ordinance. A b. A civil penalty up to $1,000,00 a day when it Is shown that Ins defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance. , I Sec, 31.12 Appeals Unless otherwise provided, an aclVon by the City In deterrrdnln , compliance with the terms of this article refers to a determination by the Planning a Development Department Of the Development Review Committee (ORC) The DeveloperlOwner of land subject to the requirements of this chapter may appeal any determination by the Planning a Development Department or the Development Review Q A Committee under this chapter to the City Council for a final decision. The appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall make its recommendation to the City Council. The City Council will not review the appeal of any delerminaton by the Planning a Development Department or the Development Review Committee without first obtaining the recommendation of the Planning and Zoning Commission, No plot or permit shall be approved by the Draft londscepo Code Revlelons, for October 28'",1008 Pal Revlow Page 14 i i t V," a,;„ ,1-; . 111 32x Ira MAI . r f "1t9Vdli , i o ~ ~ WMIYwM admaeee,a+oo Planning and Zoning Commisslon which varks the terms c' $hls chapter or which does not comply with the Planning & Development Department or Development Mvlew Committee's determination without final resolution of the appeal by the City Councn, Sec. 31.13 Fees " i '91 The City Council may adopt a fee or fees, in the amount to be established by ordinance, to adminlater and enforce the provisions of this Chapter. Sec. 31.14 Conflicting Ordinances All ordinances or parts of ordinances In force when the provielorn of this ordinance become effective which are inconsistent or in conflict with the lams or provisions contained In this ordinance are hereby repealed to the extent of the conflict, i i J i i I ,it r i +r t i q ~ s. C Drift Landsespe Code Revisions. for octohe► 21'",1090 Pit Review Page IS e ' 0 M I , I Ordinance tie"loo Sec. 31.15 Selected Species List. Large and Medium Trees Common Name Botanical Name Native Haight & Existing street _ Width Tree Credit Tree Caddo Maple Acer barbatum 'Caddo 60 140' • M 17' Bi tooth Maple Aar randdentatum NaOvo 50 x 30' • M 1Y Prima Texas Bucks Aescukrs a uta Nadve 30' x 20' CRltiamwood Bumello lams Inosa Nadve 40' x 30' • M 14' Pecan G a Illlnoobnsla Native 50' x 50' • M 36' Black Hid,o G s lexans 60'a 50' a M 36" Deodar Cedar Cedru6 deodara 40' x 30' American Smokelrso Cotlnus otxlvalus k730-1 Ill? and Cypms _ Cu eas 0jL@.ylandl1 • 1 fir' Pdms Anfono Cypress Cu rases anionic • Texas Penurm,on i Diox rus texans Native 10" Accent Common Peraimmm Dios rug vir Inlana 23' Accent White Ash Fraxlnuf a mencana Nadve ' M 37' Frulnw leaeneis Nadve ' a' Prima Thornless Hone locust Gleditell Inananma Marmla Notlva ' Pnma N do Ju tans micros Netlve ' Black Walnut J lane ni 's Nadve ' Red Cedar Junl erus vlr Inlana _ Native 40'x 10' Canaert Junl r Junl rus vl Inians'Canaerbi' 30' x 20' Sweet Gum Liquid ambor a ors cuQlwn Nadve 60' a 40' • M 36' Prima Osa a Oran Madura fifers Pad' Notive 50' a 40' • M 31' Fruitless Whl to Mulbe ores alba'FNidesl' 35' a 40' Texas MuiEar Mortis rubs Native 40' a 40' Blade Gum Nyasa a Ivadc Nadve _50'x 25' Margin Pine _ PVnus eldMU _ 40' a 20' • Austrian Pine PVnuf -Nara 40' x 25 !r Chinese Phrlachs Plslachla C11111884 40' x 30' • Aotent London Plane Tree Piatanus sanlolla 50'4 35' 0 tlma 5 snve Platanus ocUdentalls Cultivate 70' x'IV • Collonvaod P uluf deltoldef witlvars 60' x 40' Flowers no Pear p rug cads ana'ArSlorrat' 30'x 20' Arum Ss,vtooih Oak Ouercw aoculblme _ 50' a 50' • M 26" Primary Escarpment Llve Oak Ouercus fuslWM4 Nadve 40'x 4o' • M 44' Pnmo Lacey Oak _ Overcus IaucoVdes l 50' x 45' • 26' Primary But Oak Ouercuf macros a Native 90' a 40' • M 40' Primary Chinquapin Will Ouercuf muehlonbe a Nadve 60' a 40' • IT rims 14'a Ier Oak Ouorcu6m n Nawe 50040' • 7 Willow Oak Ouercuf hellus 60' a 30' • 33" rima Shumard Oak tier Wf shumardil Nadve D' 150' • ~i 2B" nm0 Pot Oak _ Ouercus 6181184 Nadve 50,N45 • 30' -Texas Red Oak _ Ouercus toxins Natlve 30'x 30' • 20" Adam f Coastal Live Oak Overcus ylralnians (culuvora} Nadvf 50'950' 44" i Weeplna Wlllaw Sail! baC OCIc 10' x JO' Western soa bey` sa 'ridussa ens v. %hmnbndil' Native 30'a 2D' • M 1a" 4 -Bald CyWass Taxodlum 6stchum 60' 030' • M Gfi" Prima little-real' Linden Tilio coruab 50'x 40' ' Prima riled Elm Ulnwr slab _ Native 35 x 40' • 17 Prima American Elm Ulmu! amenana Native 70,170, • 26' Cedar Elm ulmw crassllolM W tlw 50' a Iry • 12" Pdms -Ir WA Elm_ Ulmus arv Ila 40'135' 77" ±ime SliDparym Ulmus rubra Nadve It, 160' All 1 Nvla;_ hel.lirsdlt la 110iit4~12thiZea aoeela indlateJ by a„e'~3'tII941.101h1 EallSlDaItel~ilf>IiGglllm0. M Indicates species and minimum diameler for Monarch Tres nomination. They are listed at 50 percent of that trees' caliper as listed on the current Texas Forest Services Big Tres Registry; other trees fisted on the Selected Species List or on the Big Tree Registry maybe numinaled for Monarch Tree st slug at 75 percent of that speobe caliper. 1 ZIP r,raft Landscape Code Revisions; for October 28'", 1998 Pdi Roviow Page 18 low Yr . owadwa o Ordinance 96.100 Accent! Small Trees and Lar a Shrubs Common Name Botanical Noma Native Netghla Existing street Width Tree Credit Tree Roemer Acacia Acacia roemenano 15' x 15' Wright Acacia Acacia h01 Naive 15' x 15' Japanese Male Am ImaNm alOvar! 15' x 10' • M 6' Scarlet Buckeye Aewlus aNa NaM 2V% 20' Texas Medrone Avbutus xalsfenlls Native 25'x 20' Lemon ButOebrush Calllstamon cimmus 15' x 15' _ Wee I Bottlobrufh Calllslemon viminalls 20' x 15' NoUsaf Hiabos Carus reticulate Native 25' x 25' LItOe-leof Palo Verde co ddlum m m 17 x +5' Redbud Cards anadensls amven Naive 25' x 20 Oklahoma Redbud Cards anadoeslf urenslf adve 20 x 15' • P Accent 'Oklahoma' Forest Pansy Redbud Cords canedenes'Forost Panay' 20'x 15' Texas Redbud Cards ansdensis texensle Naive 25'x 20' De son Willow Chl sls Ilnesde Native 20 it 1F' Texas Persimmon Dospyra !axons Natlve 25'x W • M 10' IOdna cod E i hardis Porlystachys Wbvs 20 x 17 ; Fra root Ash Froxlnus an dals Wive 15' x 10 Neils R. Stevens Harry Ilex ulfoium YJaile R. Stevens' -20'x 1S' Burford Holly Ilex comuta'Burtadl' 20' x 1 Y • Accanl Possumhow Holly Ilex deddus Native 15' x 10 ' Youpon Holly Ilex vorn1wa cu nNsrs NaUve vanes • M tP Accent _ weeping Ysupon Ilex vomilode'Pandule' +7 x a' Fosler Holly 02 INx x aeenusts'Fostod' e2 2V x 15' • Amen! Ashs Juniper Junl rus a NoOve 25'x 15' Rock Mountain Juniper Junl ems scooulorum 00' x 15' Goldenren Tres xoelreuloruo oNcurate 2T x 15' Crags Myrtle Lacers MIS hma culuvon 15' x 10' a M it' Accent Ftowenn Cobs to Molus h bride cul1va0 _ 20'x 20 Boulnem Wax rie a ad en Natlve -IV x 10' • V R!d tI Pholnla Phounie sin 20 x W ' Chinese hoinll Photlnls sarruls 20' x 15' Ja anese lack Ina Pin us thunce II Toy as Plslache Pislado chinansis Nollve 20' x 15' Carolina Cherry Laurel Prunus aroinlana 25'x 10 • M 1r Acwn1 Mexlan Plum Prunus mexluno Naive 25'x25' • M ir Accent j Flatwoods Plum Prunus umbellsts 15' it 10, CarlinaBuckthan Rhamnusberollnlona Native 20'x13' , Smocth Sumac IN, labro Native 15' x 10' Flame-Icaea S5 E Rhus lenceolab Native 20' x IV - nos a mle atlw 2 x 15' • Accent Eyes Tree Texas Mountain laurel _ S naa sewndiAaa 1 x t ' +0' nt ex lean eude a Un nodia a deco a0ve x 20' Rusty Blackhsw vlbumum dvtym alive 25'1120' + Vltcx J~ Viea7 nusaslu! Natlve 15'x20' 11 • 1/' • NAte.__Ill! credit Is Itmlted to (hose specie Indicated by ° i' svmbot In the Exietlpglttte Credit column. M Indicates spades and minimum diameter for Monarch Tree nomineion. They are noted a1 50 percent of that Veer' caliper as listed on the current Texas Forest Services tap Tree Registry; other Uses listed on 81e Selected Species List or on the Big Tres Registry may be nominated for Monarch Tree status at 75 percent of that epodes caliper. • ~ O 1 r • I I Droll Landscape Code Revisions for bclobrr 281M,1098 PR Review Page 17 IY X rrgr 7 x 32 X I a i I 'xYJrl3aE11 ' O Ordlmance 95.100 Shrubs Common Name Botanical Name H*T hl 8 l4Jidth Gloss ADeta AbOa Orardflore laldvaro B x S' Edwardtoucher Abells Abate randl ora'Edward Goudde _WxS' Prostrate abells ~y Aoello randiAora'Prccrats' A' " Ja mess Aeubs AcuW japonlu 4' x 4' Pu 1Aest Balberry Berbods Munbe it AAtrog roe' 5' x 4' PY2MY BBubarry Berbods to it rAmaon PVpW 7 x 3' Crimson Pyomy Barba Berths thunbe '(Arn n PygW _Y X 1.S Ja snese Boxwood Buxus OSMYU lcm curewro 10' x 10' Beau r Cellica amerlans 1c, x 6' Butionbush C halwthus "dentats 6' x 6' Dwarf Flowering Oulncs Chaenomelas japwica ; mo Boner 3' x 3' FVow9d CNlnce Chsenomeles spec"m F' x 5' Rou hleatRmmd- mus drumrnondil e' x 5 Pampas Gross corudens e41100ma 10' x T Cotaneaster Cotoneoaler culuvors vanes Ebbl 's BdvePoamr Eleo mus x obben l 10' x 5' Js onese Aralla Fates s lu 10' x 10' Faa la an Ia x iMerme" V x 6' H ncum H dam hen l l T o y Needle nt Not Max comuta 5'x 5' OwaR B Ilex comu4'Burfo(d Nana' Tx 4' old HcI Wool Holly Ilex comuto'Cadsla' 4' x 5' Dwarf Homed Roll Ilex wmula'Rotunda' 4' x 4' Vvtwn HoH Ilex wmuu,wleowN' 5'x 5' Dwarf Japanese KoOy Itex 4Dompads' O' x 4' He let Japanese Hot Ilex uanata'Helled' 3'x 4' Dwarf You Hot Aex vorNWo'Nons' 4'x 4' Dwarf PA2or Jun1por Junl rus chlnennb'PAtaerana Compods To 6' Kum Juni r Junl rue rhlnenels'PAtserana' 5' x 10' Blue Vase Juniper Junl ma ChIMn41s'Blye Voss' S' x 4' 2Shore Juni r Junl rue oonleRs Ja arress Gordon Junlper Junlpems procumbens Y x 6' Dwarf Cra M Rte Lo erstroemla India camvsro 5,)t a' Prostrate Crapol a Le retroemla India cutllYars 3' x3' tentau Lsnlana culuvar3vanes Texas 5a s Leuco n Ilum leauru culuvan Was Varle ated Chlnee4 Pnwl LI ueuum sinenle vane a4' i' x 1' Grant Llno e~_ Lirb ante 3' x 3' White Honlyluckte Loniurs aINIVIN 4' x 4' Leatheneal Manon4 MahonlabeF4i 4'x3' AOarlla ehoniatrllolla[a 6'x 5~ Nandins Nondlnodomassu culsvarsI Vorles Coro ecl Nandins ondlns do hell, Canoacta. Owarf Nondlna Nsnd1ne domsstka'HSrbour arT ' x 3' Dwo ome rxnete nice ronalum'NOns' FVethorn _ P raanNa Culuvors va e$ Fra ranl Sumac RhuLaromada ,x Rosems Rusmadnua rdnml a Tuscan Blue T x LaveMer Cotton SanIONM Iculuvorot ~ ndaM*ealh S rea 5 rea n! ha T a 6' Vanhoutte Sore a 5 res x Vanhounel 0' x 6' Cpralberry 6 none orblWlatue 7' x 1 1. Wood Fern TMlypterls kunstN 7 x i i Draft Lendscaps Code Revisions: for October 29", 1"d P&I Review Pape 16 " 75 K ~0 32x1❑ r 9 , 0 Ordina nra 00•100 . Groundcovers/ adding Plante Common Name T Botenlwl Naha Casl Iron Pbnl As idisbe elaba Hone Hero Cat toe us vtalus Trum VOODOr Cam flS redkans Will Gra II Datea prowl Wintercreear Euon mus forbxtel Shat Juni r Juni aruc conlwu Crae i Juniper Juni ems Dxl¢ww4 (wluYars Ja neee Garden Juniper Junl em. rovimberu wltlvan - 7ralltn Lantana Lonlans marlleylu'ensls LII urf LIMODS wtlivars _ MondoGraes hlo a Iws wltlvan Mf IMO Creeper PaMenodseus l.bque la Coal Be S horica s ablculatus Miatm Jasmine _ TnMela rmum ulMurn Ped*01e vines major 6 mina _ Vines Common Name Botanlcai Name Coat vine Me non letorm Crass Vlne Bi onla c reolata Trumpet%Ana _ Ce elf radiane r Carclint Snalbeed Vine Comllw ardinus Carotins Jessamine Gel semlum Serroervlrens IvY_ Hedere cuitlvar 411's Honeysuckle Lonlare a onla'Helllana' T Lonlaro Omaervlfenl Coral Honeysuckle Boston I - P"enoclssus taws dab Cram anal Grape Wld MamlM1'Cham enel' _ Ora a Vlne 'hl vlnl en Ja anese Wreleda Wlflena ui~de Chluese wSteda u VASlens slneneIS Ornamental Grasses CommO^ Name _ Bolankal Name BiD Blueslem Amdro on Derardll Silver Blueslem Bothdoahloa saocharoldes Rced Grose Caama muss . Inland Sea Oats Chasmanlhium leu Ium _ Pam as Grose Cortadeda fekans lemon Grass _ CYmbopopondtratuf 6uparaneFlumeOrase £nenthus I anteull Eulalla M'Sanlhus sDa -NI Malden Grace MisanNUSelnensls'Oredulmus' Zflbra Grass Mlfcenlhus eirMnelf' abnnue' f vase olgi~d JaaDO ese Sliver Grass _ Misunmus slnenelf Yana etus' • Purple Ftu h uhlenbe IS All s LlndnelmeYl unly _ _ uMenbe IS IndhabrMd bee ~M _ umenbtr a nvercndd Dwarf Fountain rase Perini letum 8100ecur0ldes'HanMllff Purple Fountain rass J~ PennlseWm utaceum'Rubrum' Fountal rr asf Aennbetum a , Black Bamboo FhyuaUMYS nK a ' Utle Blueslem 6chiaM dams slum • Lawn Grasses Buffalo Grass BoMla de des _ • Bermuda Grose nodond Ion tall Fescue nlua enp. 6l. u mtlne Gratis Stanotasum sewndetum apu. z0YUa Grass 0 fie Draft landscape Coda ReVlelone: for Octobor 28'", 1898 PU Rovlew P004 10 • a. i El 32 X If.] ~a: - - INS A eaanaae , 0 I ordinance 9&OC Perennials Common Name Botanical Name Aanthw Acanthus MWIS Holl nodr KCAa mooll 1 -opp LII -Ihe•TIIN wi,0 us Yarrow Achikea s Bu leweed u s s P. Momentous Amoranthus MOW 14 Bfuestar Amsonfo Opp. Bu load Andwsa s pp. Taxaa Gald Cdumblhe ulle la ash antna v.'Hinkl ana' Northwood Anemiso Up. Milkweed Aide lass $ W ld Ind Ba asti a Brunnere Bowers s p_ Cdadlum annual Cslmdium oumvars Canna Coons x eneralls Perlwlnkle annual Canhoranthus rosevi Shasta Dale Chrysanthemum maximum Cdtwon Crombe oordltolla Crocus Crocus s , rAexlan Heathef annual - Cu hea n u is Wooden Heart Dlcanba Consiower Echlnocaa u urea Baironvron E Irn iuma . Texas Blueball Eusloma rindleonRn D"Ily Hemarocatli o Rose Mallow Miscue nkwhoutos Hosts Nosh & pp. Candxlun _ Ibena sam NIMall Iris _ We x h bdds Lantana Lontane & _pp. Lavender Lavandula opp._ Sea Lovender Llmonlum a AP scum LobuWa mantlma Lupine Lu lnus e LoCieeblfe l iimachla ipp_ Turk'a~ MalvavliCUe orb"Us Nmondli' BladtfoW Daisy Malam sum kuCA nthum _ Dee Balm Monsrds d1drra Gras Hyacinth - Mu Dane Danodll Narcissus app. CatmIni Ne to iloxalis Wood Sorel Ox314 Croselpee Rock Rosa PavoNa Iasi lala Russlan Sage _ Peravskla stn cola _ Phlo• subu a4 obedient Plant Ph ate la vl Inland Soloman a Seal Po onalum I pp. Knotweod Polygonum qp__,.. . Rose (annual] Portulau ompflors , CI MossLae oil PWenura Lunawort PulnWAMA . plodosa Daisy Rudbeckla_spp. Medan Palunla Ruellia s spot Salvia 1 Le vender Cotton Sontolina s Sodum Sedum a - filler enedo dnenru oldenrod Solid s O ' S Iderwon iradesunn ocddenLnila _ j verbena Verbena e Soeedwell VaronVaf I~ Draft landscape Code Rovisloner for October 28 1998 P46Z Review f ape 20 '~p fir, x { :32XIO a e 0 l tea Ordlnanae 98-100 3 Appendix A Amended Central Business Overlay Distrkl i I 1 }IFY tt Yt Y,1 i , _ i ! l Draft Landscape Code Revisiom for October 28'",1998 PAZ Review Page 21 -.91611111. 0--MLML / O Ordinance 08.100 Appendix B Fry Street Development Corporation Boundary M ' s o Drab 911W 0I"op 'mF IN'S v [7 e p O o, o IaDA I 00 ° °dtfadr 1l I sed M 0 1 t vaaa 81 . De 8 b ME I duo a 0 D P q.~°'~13c'oa °Q b + KIT= B oOa qAO~ ~INS a rill pool Will sue W%Ai C= ._HOac'Q~ FRY STRH r i DEVELOPMENT CORPORATION BOUNDARIES FRY STREET AREA j UNIVERSITY OF NORTH TEXAS CAMPUS + c i ~A I Drill Landscape Code Rsvlslonsr for October 28'",1996 PU Review Papa 22 i , I > '~Me. v 10 10 25 32X . y.. L 1 , d1 • O Ordinance 98.100 Appeodlr. C The Denton bleat ipra Airport u i r f ~ . I I~!~{~~t(pprF t~tW1fuW17 ^la~~•• ~~tFe ~9YU!.O Yeri..r+- a_ A 1 f Draft Landscape Code R1 vfeirms, for October 26'",1996 PU Review Papc 23 1 ' 7 x 10 X Wawa O f' ~ a Ordlnsocu 98.100 SECTION III. That any person vlolatng any provWon of this ordinance shall, upon oonvirkw, be feed a I sum not exceeding 3500.00. Each day that a provision of this ordinance Is vitiated shall constriute a separma and distinct offense. SECTION N. That if any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or application thereof to any person or circumstances is held Irnratid by any court of compelenl ' Jurisdictlon, such holding shall nO affect the validity of the remaining portions of this ordinance, and the City Councir a"he City of Denton, Te:ws hereby declares it would have enacted such remaining portions despite any such validity. CjtON V. That this ordinance shall become effective an May 1", 1898, and the City Secretary is hereby directed to cause The caption of this ordinance to be published twice In the Denton Ruoord-Chronlcie, a deity newspaper published In the City of Denton, Texas, within ten (10) days of the dale of he passage. n r PASSED AND APPROVED this the 7th day of April, 19914. } JACK MR LER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: , HERBERT L. PROM, CITY ATTORNEY BY. , Croft Landscape Code Revisions: for October 28'",1988 PiZ Ravfsw Page 24 r ~Ilyu r r 7~i K [ 32 i, l..i I ~NATME PLANTSOCIEIN OF TEXAS (ieerSetwon, VA ;8624 October 26„ 1998 David Hill, Director , Planning do Developmcni Dept. City of Denton 211 Elm St, Denton TX 76201 Our thanks to you and your staff for letting our organization occasionally provide knowledgeable input during creation of the current Landscape Ordinance. The result (I hope you wilt agree) is a vmy fair and-0e+dble document forboth taxpay'ere and developers. Now, however, it has come to our sttenti66 *t sevetal revteionsombeing , • ' considered which may result in •defiating'ita effect and taking a giant step away from thL goal of an elllypleaAng, healthy city. Some suggest revisions may meet with our approval, others may not."tNC1T.$AVINQ SEEN THM NOR, HAVU40 tg& TO DL43CUSS THEM.' SIMPLY DON'T KNOWI We urge you to take us up on our longitanding offer (doting from this pastp&W of providing lutiowledgeable.local ir+put an'' suggesfed ah sneer in tl'e Landaonpe '~r el Ordinance, You. may do so by oontactfng m otrr.chapter+s president. &-tl,, on Yost, at 482.2099, Cordl Elizabeth Mc)bit% President Trinity Forks Cn, tar . ~ Native Plant Society at Texas • ~ , P.O. box 424891 Denton, TX 70204 O a: Mayor Jails Miller Oct 2 9 1998 . Rick Svehla, Executive Director, Planning W syno Rood, Urban Planer RJ • PLANNING & DEVEMPMENT I EXHIBIT B l,age 1 32 X e snores o ;.ate AWda NU AOenda 8e~! _ _ I' AGENDA INFORMATION SHEET ©atQ-_1[ AGENDA DATE: November 3,1998 DEPARTMENT- Engineering & Transportation CM/DCMIACM: Rick Svehla, Deputy City Managerf"9 SUBJECT; Consider an On;i.usnce Abandoning a 0.276 Acre of Land Constituting Surplus Street Right-of- Way and Being a Portion of Avenue D, from Eagle Drive a Distance of 190 Feet South to the Connection Between Avenue E and Avenue D; and Providing an Effective Date. BACKGRO''' ip)s The adjoining property owners have requested that the City abandon this right-of-way, identitied in the attached exhibits as Parcel No. 3. UNT owns the property adjoining the west right-of-way and two private entities, J. R. Toledo and the Mirai Corporation, own the property adjoining the east right-of-way. The property owners plan to incorporate the subject area ir.to the development plan for the Mozart Square student-housing complex, and the three-way contracts are in place for relocation of public utilities related to this development. The new connection between Avenue E and Avenue D makes this property available for abandonment consideration. Construction of the new street route has been completed and UNT will grant the additional tight-of-way required for the realignment of Avenue D, Avenue E, and Eagle Drive. The request to abandon the remaining right-of-way parcels for Avenue E and Eagle Drive will soon be forthcoming. OPTIONS; Approval allows the student-housing project to proceed as planned. Street realignment is complete and the new streets are in use, Denial woc'.1 limit planned development of the Mozart Square project and would require City maintenance of surplus right-of-way. RECOMMENDATION: Approval is recommended since the street realignment is complete, the new streets are in use, I and the subject property constitutes suuplus right-of-way UNT will grant the additional right-of. way required for the realignment of Avenue E, Avenue D, and Eagle Drive. o e I~ ESTIMATED SCHEDULE OF PROJECTS 1 Construction of the street realignment is complete. Three-way contracts are in place for utility relocation on the subject property. Platting is complete for the Mozart Square project with easements dedicated for utility relocation, { i t t?N ?5 Ea 32 X I D r • % I. PRIOR ACTIONIREVIEWWound. cards Commissions]; The Traffic Safety Commission recommends approval The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION: None BID INFORMXTION: ! None MAP; Attached Respectfully submitted: Prepared b : 1 C k, Di ecttoor~ £nginemng At Transportation teve ]o , Technical Aw. stant i l i 5 I S I' e h 1 y., L: 7.5Y10 32X 10 mi; Mt 4~ Q STOAA • r LOAK a® • ~o ID Maww on aw a 6 SITE r s m., WAVIM low= nuh&= VLLOO KV LIM • ~ o s 1 t F 2~i K IO 32xIC] \ . o r . .'Mum „ r o t . RMR YIMOO1WEr1 ■ ron•waq M/KITI011 run ~ NLE _ /NCR 7 WLA We I i ~ • ru.er ure ~ I/ %J4 CINI.M w/ Pam 1 1aw"" own" Ma}owYOrr m Won-a-/N MIICat" IM • f MM 1OY Raft tAM"lR1 R~ m em v N MAOM DUNAWAY ASSOCIATES, Inc. lo 25 1Q 32X s 0 t Planning and Zoning Cemmasbn Minutes May 13, 1998 Page 60 of 81 Ms. Donna Bateman presented the staff report Ms. Bateman: Madam Chair, members of the Commission, I realty though that I would be the only one that would ever getup here and talk so fast. but Jerry beat me. I had to say that, Chairperson Schertz: I do not think that anybody am gives him a hard tine, so I am god you did K Ms. Bateman: I know IL This preliminary end find plat of the Lattimore Add'eion-what Mr. Clark had up here was the preliminary plat. If you will notirs, this is edusly three lots. There Is this one lot to the north, this one's to the south, and then three is just a small lot across from 36 that will remain out of the final plat. As 1 stated In your backup, the Clay Council passed rezoning In September of last year. There are several public Improvements that are being addressed, with the recommendation or with the approval of the variance. We are in favor of the pretlminery and the fine plat, and I cannot make k arty shorter. I will just soy that the Development Review Committee recommends approval. And I will be happy to answer any questions. Chairperson Schertz: Seeing no questions, I would entertain a motion at this Cmu. Ms, Gourdie: I mow to approve the preliminary plat of Lob 1 and 2, Block A and Lot 1, Block S, of the Latilmore Industrial Park and the final pot rA Lots 1 and 2, Block A, of the Lattimore Ird strict Park Chairperson Schertz: Thank you. Ma. Apple: Second. Chairperson Schantz: A motion has been made and seconded. N the Commissioners would please coat their votes. And line hem 8.b. has passed unanimously, Thank you, Me. Salomon. (1- 0) 9. Consider making a recommendation to City Council for thu abandonment of a portion of Avenue D, from Eagle Drive 1 Pro teat south to the now eonreeetlon betwea,o Avenue E and Avenue D. Chairperson Schertz: hem 9--owr'der making a recommendation to Cly Council for abandonment of a portion of Avenue D, from Eagle Celve 190 fart:raAh to the new connection between Avenue E and Avenue 0. Mr. Jerry Clerk presented the staff report { Mr. Clark: Madam Chair, members of the Conmiaslom I we an have Ca overhead on-460-ally, we are realigning Avenue D and connecting up with Avenue E. This double 90 wCl go away, and It will eventually kllow this alignment. This little section here is the part that wll go away, and Eagle tMve w8 conned in Owe. This Is the kind of blow up version of that, that helps you sae IL This is pert of the Capital Improven onto projed that Is being dons In conjunction with tin University of North Texas. it is a ooot:entive effort and we would recornmerd approval of abandonment it with revert back to 00% to the people on the set and 60% b the people on fin west who are North Texas Then an p"o owners of the east, and North Texas owns the west. We recommend approve ol that ' Ms Gourdis: Which part are we abandoning? Mr. Clerk: This yellow pert right here. Me. Gourdis: Okay, thank you. Mr. ClaA This Is going to be new 61 right here. v Chairperson Schantz: So, is then a road right then right nowt Mr. Clark: .4o; no road at ail. TIa existing road is right hen. Charperson Schertz: Okay. Mr. Clerk: That is when we have the double 90 degree bend. If you kook right hen, the road comes up and don this. We an going to make it do this. A,td this *9 become ft grand enhvice into the UnMrahy of North. Taxes. r2'' a5 x 32xIQ 1 w • A f Planning and Zoning Commission Minutes May 13, 1998 Page 51 of 61 Chairperson Schertz: Wei, that is nice. That b nice. Mr. Clark: And it Is after---the project itself is attar this. Chairperson Schertz: Good; I am plod to hear that Thank you. Ms. Gourdie, I have a question; I am curry. I am confused. So, 0 you wanted to head north on Interstate 36, you just stay on that one exit road? Mr. Clark: The frontage roads are not really changing at all. We are stridy changing Avenue 0 and me" It conned directly to Avenue E. And this section of Eagle will go away because It will be covered by this section of I the now road. Eagle Drive will turn In right here and stop, and this sadim will be done away with. The new performing arts center sets right here. Ma- Gourdie: Okay; I was too far uff. Thank you. Ms. Apple: Madam Chair, I move that we recommend approval to Cf,y Councl for the abandonment of that portkn of Avenue D from EagIs Orhr" distance of Igo feet south, subject to reservation of the required ut9ily easement . Mr. Engelbrecht: I wilt second. But I would like to ask staff a question, I thought you were going to ask a natation, but instead you made a motion. What happens to the other and of Eagle Drive that runs down to the access had? Mr. Clark: It will go away; It will become a part of the ovens service to the pedormnng arts ants, There will still be some connection off the service road Into that perking lot, but the rest of 8Is gone. Mr. EngetGachl: Right. Commisaloner Moreno pined the m"11%. Chairperson Schertz: We have a motion and a wcond; Is then any other further discussion? Seeing none, I will ask the Commissioners to please coat their ~ Aes. Lice Item 9 passes unanimously, is -0) 10. Consider making a rer:ommendaticn to City Council for the partlat so3ement abandonment located on the northeast corner of Teasley Lane and Robinson Road. 1 Chairperson Schanz: Item tic--ansldx making a recommendation to City Council for the partial easement 1 abandonment located on the northeast comer of Teasley Lena and Robinson Rood. Mr. Jerry C;srk prssonted the staff report. Mr. Clark: Madam Chair, members of the Commission, we will try to get you la-l'941 first Wo en ocated down on Teasley lane at Robinson Road. You an see our largo arrow polnting to this comer. Here Is Robinson Road end i hate Is Teasley Lane. Hen Is the Lakewood Estates Mobile Home Park, NO Nis Is the trail that we are talking about. Currently, the whole toad is an electric .iWfy easement A was done when Lien wsa other development scenarloa being considered hen. The eksctrle utlRy le uuefkd that this olghtdoot uMmont that wif tun'"way , across the'Robinton Road twine will take the place of that easement and will shiny all Lha news. The S Development Review Committee would recommend approvi of We abandonment end 0e sooeptana of to new easement Chairperson Schertz: Thank you, Any discussion, or questions, or s motion? Ms. Gourdis: I move that we recommend to the Ctly CouncA approval of the partial abandoruneM of the blanket 4 easement as a affects this 2.991-bola existing trad. I • Mr. Engelbrechl: Second. Q Chairperson Schamut A motion has been made and seconded. And I will usk Commissioners to please cost their votes. M right, then, 1 wit ask the Commissioners to pleats cast their votes Im favor by raising their rt`ht hands. Arid the motion passes unanimously. (5 - 0) Thank you, Lida v. aia.a )rif.i 32XNCJ o 0 I 1 ORDINANCE NO. I AN ORDINANCE ABANDONING A 0.276 ACRE OF LAND CONSTITUTING SURPLUS STREET RIGHT-OF-WAY AND BEING A PORTION OF AVENUE D, FROM EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the University of North Texas, J. R. Toledo and Mirai Corporation for abandonment of a 0.276 acre of land constituting surplus street right-of--way resulting from the redesign of Avenue D and construction of a new connection for Avenue E and Avenue D; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the Cit•, of Denton, Texas has detenninea has, the street right-of-way easem^.nt described in Exhibit "A' is no longer needed for public us:; and WHEREAS, that the process for determining the fair market value of the surplus street right-of-way above, as applicable, pursuant to Section 272.001 of the Texas Local Government Code relating to the c,)nveyance of easements to abutting property owners who own the underlying fee simple, sh ill be fo!lowed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION f. That the 0.276 acre of land constituting surplus street right-of-way as described in Exhibit "A", which it attached hereto and made a part hereof for all purposes, and commonly known as that portion of Avenue D from Eagle Drive a distance of 190 feet south to the new connection of Avenue E and Avenue D, is hereby permanently vacated P.-%d abandoned as a street right-of-way easement, t SECTION 11, That by reason of such vacation, the City of Denton's property interest in E The vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the street right if-way easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as public easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. • O l~a , n~+~~+oor,a,a o..ur,a,ti. as.Urt ur«. r 7 32X r 0 1 1 i .fir.. ~ I PASSED AND APPROVED this the ^ day of 11998. I JACK MILLER, MAYOR ' ATTEST: I JENNIFER WALTERS, CITY SECRETARY tl I. r . f BY: "r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ' <<c1Y i i , Page 2 of 2 y 8 - 25 x I 32, X ~ Q r v{ r • "j I O , :~ww EXHIBIT 'A' STREET ABANDONMENT PARCEL 9 I PROPERTY DESCRIPTION 86N o 0.276 acre tract of land situated In the E. Pucholskl Survey, Abstract No. 958, Denton County. Tesos and sold tract being a portion of Avenue D and being more particularly dumbed by r. metes and bounds as fo➢owr Beginning at o 5/8' Iron pin set at the intersection of the south right-of-way line of Proposed Eagle Drive realignment and In the east right-of-way Una Avenue D. sold point also bears i South 03'21'12 East. a distance of 15.00 feet from the south right-of-way line of Eagle Drive; Thence South 032112' East, along sold east right-of-ray line of Avenue D, a distance of 204.74 feet to a 1/2' Iron pin found; Thence South 8701'37" West, a dlalona of 55.00 feet to a 5/6' from pin set M the easterly r!ght- of-way the of Proposed Avenue D rcalignment and sold point deo being In a curve to the left whoa rf radius Is 340.00 feet and long chord boors North 34W'OS' West, 9.77 feet; 3 Thence dung sold easterly rlgh:-of-way line and along sold curve In a northwesterly 4'rectlon through a control angle of 0518'47', on arc length of 9.77 feet to a 5/8' Iron pin -,,u Thence North 03'21'12' West, along the west right-of-way Itne of Avenue D, o distance of 185.45 feet to a ¢/8' Iron pin set In the south right-of-way line aforementioned Proposed Eagle Drive realignment and said point bring In a curve to the right whose radius Is 200.00 lost and long chord bean North 84'37'58' East. 13.83 feel; I~ Thence long saki south right-of-way fine and along sold curve In a northeasterly direction through a central ang!e of 03'34'181, on are length of 13.63 feet to a P-K na➢ set; Thence North 88'35'11' East, continuing along sold south right-of-way line, a distance of 7.55 feet to a P-K nalt set; Thence North 03'21'12' Wait, a distance of 10.00 feet to a P-K no➢ set Thence North 88'33'11' East, continuing along sold south rl•ht-of-way line, a distance of 38.83 flat to the Point of Begfnning and containing 12,036 square lost or 0.278 acre of land. ; , ~ y r I ~ {I DUNAWAY ASSOCIATES, Inc. DATE: Jl1LY 13, 1998 SNEET N0. 2 CF 2 Iy '~X 1 1 e x 32X ~ La ~i7V~f 1 , f l: -0 • ' O i 1 ~ Y l ` Ir. i „ EM MIT "A" I STREET AMMONMENT PARCEL 3 I r, e Y SCALE: 1" " 100' 1 Q 10.00' < 38.83' N 833511• 7.55' r EA3LE DWYE 603'54'18" R•2f J.00 L-1163 PROP M cart-or-MAY (M T« 3.82 >a°ann°~o L.C.-N 84'37'58" E r-X kA.-J sn 13.63 3 w r A~OA O r• PAM No 3 I M% 'If./ 0,171 ACRE I/Y Lrl. , 55.00 601'38'47' R•340.00 • Tm4.84 r% a1 Wm.urrw , L.CrN 34'01VOS" W f , 1 9.77 Y , DUNAWAY ASSOCIATES, Inc. fP npf+}irrT ~ rar k , 04JULY 13, 1995 SHEET Nor 1 0: 2 . 25X n 1..I i..] Aam 11 a l i vss..as , O i ava.v. 5penda Item AGENDA INFORMATION SHEET pate AGEN'UA DATE: November 3,1998 DEPARTMENT: Engineering & Transportation I " CM&ICbUACM: Rick Stebla, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE LONGITUDINAL ENCROACHMENT AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A POTABLE WATER PIPELINE; AUTHORIZING THE EXPENDITURE OF FUdtDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. w l , FACKGROUND. t The City of Denton has recently awarded contracts for the installation of a 10" water main and drainage calvert installation in the Robertson Street area, crowing the Union Pa .ifie Railroad right-of-way. OPTIONS: 1. proval 2. Disapproval RECOMMENDATION: Staff recommends approval. The nature of both installations compel the City of Denton to cross Union Pacific Railroad right-of-way in order to successfully complete the projects. Rp iOJt ACTIQN/REVIEW (Council. Boards, Commissions) None • FISCAL INFORbtA M. $5,500.00 License Fee , MAP Attached. Respectfully submitted: lyd~ C r 1 lark, irector 0 .;J Prepared by: Engineerin & Transportation r Paul Williamson i:ight•of•W6y Agent I r;r ^ ~ty 10 pq . 1 JIMBERRY _j U L w OOD co Q SYCAMORE o ~ > TTROUD °z J co p E. PRAIRIE U w Q U U w w SITE a- :3 U co / o /r V) (D Roef R TSo N E] ITFJ j x 3 Y l Q O 1 EAGLE _,o • RUTH • - COLLiNS ~ o • Off( U N so ell s, 7~i x lo 32X~~ 0 . 0 I~ A , i" , i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELRVE LONGITUDINAL ENCROACHMENT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR A POTABLE WATER PIPELINE; AUTHORIZING TW,,' EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: f ' SECT;ON I. That the City Manager is hereby authorized to execute a Pipeline Longi u- dinal Encroachment Agreement with Union Pacific Railroad Company for a potable water pipe. line, which is attached hereto and incorporated by reference herein. SECTION I[. That the expenditure of funds as provided in the Agreement is hereby authorized. SECTION al. 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 WALTERS, CITY SECRETARY 1 1.4 • BY: APPROVED AS TO LEGAL FORM: IIER13ERT L PROUTY, CITY ATTORNEY x~ F,IsMm 'dap IGDOur Documentsl0rJume M91 Water Pipeline doe 3 r PN 10 2XIO , ,sssuasa , 0 9 t urarw I PLE. DOC 940207 Fokes No. 924." I= Approved AVRLw I I SECOND REVISED PIPELINE AGREEMENT LONGITUDINAL ENCROACHMENT j I Mile Post Opposite 719.50 and 719.51, Choctaw Subdivision Location, Denton, Denton County, Texas THIS AGREEMENT is trade and entered into as of the day of u 199_, by and between UNION PACIFIC RAILROAD COMPANY, a Dchtwam corporation, (hereinafter the Licensor) anI CITY OF DENTON, a municipality to be addressed at 213 E. McKim" Street, Denton, Texas 76201 (hereinafter the Licensee). IT 1S MUTUALLY AGREED BY AND 091 WEEK THE PARTIES HERETO AS FOLLOWS; ARTICLE I - LICENSE FEE A URMIS A HANDLING .E Upon the execution of this agreemerd, the Lketsv:e shall pay in advarsce to the Licensor a one-time license fee in the sum of FIVE THOUSAND DOLLARS (55,000.00). Upon the execution of this agreement, the Licensee shall pay in advance to th. Licensor a one-ttml administrative handling fee of FIVE HUNDRED DOLLARS 1$500.00), ARTICLE 2 - LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by the Licensee and in !cumber consideration of the covenants and agreements herei, contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thertaftor, during the term hereof, to maintain tad operate an underground 24" potable water pipeline crossirg at Mile Post 719.51 and a 300 x r crown span box culvert encroachment at Mile Post 719.50 (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on, she attached print deed lanuary 24,1997 sod marked Exl ibis A and print dated July 1. I"It sad marked Exhtbi- A-I. Under no circwrstaacea shall Licensee modify the use of the pipeline for it purpose other than tonveyieg potable water, and said pipeline shall not be used to convey any othet rubstance, any fiber optics, or for any Aer use. A whether such use is currently technologically possible, or whether such use may come into existence during the life of this agreemenL ARTICLE 3 - CONSTRUCTION, MAINTENANCE AND OPERATION The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, " r lirnitabons and covenants act forth herein and in Exhibit B, hereto attached,A 920 pre Articles ofAFeement Omba 1,1991 Pages I o(4 4 . fix CJ 3G ,x +de',$$i`+~. .7+i 0 0 PLE.DOC 940207 Folder No924-100 Form Appmnd, AV?-Law ARTICLE 4 - JE WORK IS TO BE PERFORMED BY CONTRACTOR y If a contractou is to do any of the work perforated on the Pipeline (inchtdins initial construction and subse Font relocation or substantial maintenance and repair work), then the Lictuft shall require its contractor to exacta the Licensoes form Con=Wee R611 of F&ZLAgmczwp; Licensee acknowledges receipt of a copy of g.(1(gM of Entry Aa1=CW and understanding its feral provisions and tequiremenb and will iderm, its contractor of the teed to execute the Agreement. Under no circumstances will L(teasee's contractor be allowed onto Licenaors premises without first executing the Conte ,Right of FutUmgr COi. ARTICLE 5 - INSURANCE The Licensee, at the Licensee's own sole cat and expense, shall provide to the Licensor a Certificate of fmurance certifying to the effectiveness of insurance u (ollows. fy' a), General Public Liability providing bodily injury and party, damage covet.ge with combined single Limit of at least f 1,000,000 each occurrence, a portion of which may be self-insured with the consent and approval of the Licensor. The Licensee will o1w provide to La Licensor a Certificate of Insurance issued by iv !~etvance carrier eonfirnieg the existence of such insusoce and that the policy or policies contain the following endorsement: Union Pacifi: Railroad Company is named u an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline located on the Railroad right-of-way at Mile Post opposite 719,50 on the Choc taw Subdivision at or neat Denton, Texas. b). Such insurance shall be endorsed to provide contractual liability usumed by the Llcemt. under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (3") prior written notice to: Folder No. 914-99 1 Union Pacific Railroad Company I 1416 Dodge Street, Room 1100 Omaha, Ncbruka 68179 I c). If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort Is.,% that limits of Utsurance described above shall be the limits the Licensee then has in effect or which la required by applicable current or subsequent law, whichever is greater, a portion of ma hick may be self insured with the consent and approval of the Licensor. ARTICLE 6 • TERM This Agreement shall tPle effect u of eae date lust haeto written and shall continue in full force and effect until temminated as herein pros ided. ARTICLE 7 - CP AL PROVISIONS %4 I Railroad's Manager of Track Maintenance must be contacted before coutniction begins to snake r` 1 arrangements to close track, City of Denton will ~ ear ail cost associated with closing, removing and replacing track a 924A9 pie Ankles of Aperient Mmber a, t 99t hv2of4 $ a; ; ;,F 25 n 10 321%6 W-0 0 , xaneuea 0 ; i .4 xrwiuia PLE.DOC 910207 Polder No. 97499 Parrs Approved, AVP•taw ARTICLE g - Al KDIM! NI OF RUM= Sections 7 (b) and 10 of Exhibit 8, hereto attached us bereby emended to read as follows: Sft-xm 7(b) in addition to other indemnity provisions In this weement, the Licensee shall ioderooi$r and bold harmless tha Licensor from and against all cos% liability and expense whatsoever (iocktdotg, without limiatkA attorney's fns, court costs and experses) arising out of any act or omission of the Licensee, agents and or employees, that causes or conrnbutn to (1) any damage to a datruction of any telecommunications q*m on Licensee's property, and (2) goy injury to or death of any person employed by or no behalf of any telecommunications company and/or its contractor, agents and/or employm on Licensee's property. Licensee shall not have or seek recourae aping Licensor foe any claim or cause of action by alleged foss of profits or revenue or loss of service or other coesegtrendal damage to a telecommunication company using Liccuor's property or a customer or user of services of this fiber optic cable on Licensor's property. r Section 10 RMEMIVI7Y • r As used to this Section, "LkenW ioc Wits other railroad companies using the lieeosor's property at at near the location of the Licensee's installation and their officers, agents and employees, "Lou" includes loss, damage, claims, demands, ac how, causes of action, penalties, costs, and expenses of whatsoever nature, includwS court costs sad attomey's fees which may rerun from (a) injury to or death of persons whomsoever (including the Licenser's ofiicen, agents and employees, the I. kwtee's o6gas, agents, and employees, u well as any other person); and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roa&ed, tracks, eilu pmenR or other prop" of the Lkenwr, or property in its care or custody). As a major bducemeat and in consideration of the ficeme and permission herein granted, the Licensee agree, to the extent perritted by law, to ftmLmnify and bold harmless the Licensor from any Lou which is dos to or arises from: 1. The prosecution of any work contemplated It, this Agreement including the installation, comtruction, mainkmance, repair, renewal modification, reconstructing relocation, or removal of the Pipeline or any { part thereof, or 2. The presence, operation or use of the Pipeline or contents escap'Ib therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. i f{ • 1 { I1 I 971.99.pte Artkta of AQremM Orbbe 1,19" PW 7 0(4 ,s 2 5x 10 32x~❑ o ' i e . e r PLE WC 910207 Potda No. 97499 Fam Approved, AVP•taw % IN WITNESS WHEREOF, the pww haew have caused tlile Agmeant to be executed is duplicate as of the date runt herein rvtism. a UNION PACIFIC RAHAOAD COMPANY By IAAEC? A-COMUCT9 ? WITNESS; CITY OF DENTON 1 x Bra: "I 4L I V , I ` I I IY ~ I t JA) j 924." PIC Areelr of ADmmaM 1700t* 1.1999 , hat 4 0(4 I 7 . • s ARM C1 32 x LHL ,latisa~o ST ~ F ELL' AO s ~ lWt or wx rcnw~{{m WAN eox clAxllT 1 VATER PIPELINE ENGISED 1 TRfA~ k , BOA( N'UNDER TRACK + ~t INDUS 4'aina.; aFti L q x, a• y 4 4 y 1 n P. 12 R s F, ►f we ~ , ~ t' 6 1 e Err , N 4 + kILL 1 4 titi r s - ; r.SL t~urch SCeI) Vol qe • 1y~ J?o 4: Or 4S n j 16'ed*I E~ NE' r A I , , T E Ec42, r . wv F1oPEIt A UN M PACIFIC RAMOAD CO. 4 T, [ p LEGEND Eo Aecawun AaIECMUO VMrN cn or oENTON E {I, DEWCAL Jam'- TI t !0 CULK i L'7'/+N Y NnnnNmNU M►myE N CHWAW MPEUNI SHOWN SKINNER AM SSTATE oEPTARCAENT ONWU NE. IrE 12A19 DATE. 10-"E0 ,A { ♦ ~ a a i IV i I 8 , r raw"o 25XIO "4 32X 01 A ~AIM o I Form Approved, AVp-tar EXHIBIT 1 Section I, LIKi "ON IYJBOROINATION OF RIONfS ORANIED. W the fore9gofnn9q grant of Tithe is subject and subordinate to the prior aM continuing right and obilgaf!on of the licensor to use and rointein its entire property including the right and power of the Licensor to construct maintain, repair renew, use, opened chsngr, undiflf or relocate rallrooaaaa frocks, signal, coxmnication, fiber optics other wirdlihes, pipelines end other Facilities upon, Iraq or across any or ell parts of its oppaerlyy, all or any of which may be freely done at any tint or times by the Licensor without iobility to the Licensed nor to any other party for compensation or damages, ~pp (including those inffavor01gg of 4lconsfesaend lesseeees of too oLicensor's utstanding gperty, and others) and the right of the licensor to renew and extend the we, and Is made wirofhdut covenant of title or for quiet enjoynnf, Section 7. (MIRLACTION, FUINT(NANCE ANO OptRAtlpl. (a) If the Wire line or any part thereof is to be located above the top of the rails of any track or coriunlcation end signal lines, including static wires, overhead clearance provided by the Mireline shall be no less than that shown on Exhibit A. The birdlime sNal! be constructed, operated, maintained repaired renewed, modified and/or reeonstrucfed bl the I. cons" in strict conformity rich the Spocffitations proscribed in the current Issue of the National Electrical Safety Code of the Amaric n National standards institute, fin the event such Specifications conflict in any respect with the repv rements of py federal sftate or runieiRal tar or rea0ulN ion $uch r4quirenents shall govern on all points of con#Iicl, but Is a I I J! dr aspects fhe SPKf hcatlons steal I apply, he construction maineoroaance repaf ir,°rene+°iaI MOdifitatioo or°reconstructionaof 14 Zellne shall be done under the super Ision and to the srt)sfactlam of the licensor, fcl if the Wirdllnl (s en owlsting one not conformity In Its construction to the above Ronf °tt of this Section 1, the Llednsaedd shall, within ninety (90) days after the date hereof, reconstruct it So as to conform lherewifh. (d) The Wireline shall be constructed maintained and operated L the lifersr In such manner as not to be or constitute a heard #o aviation, Mitn respect io the Mireline the licensed, vitnout expense to the licensor, wile to ly with all repuirgments at law and of public authority, whether federal, stale or local, lrcludinq but not limited to aviation eutnor i tin. (el In the operation of ehe xireline, the licenser (hall not transmit electric current at a eifferenre of potential in excess of the voltage indicated on Exhibit A, If the voila9e iidiate/ is in excess of e)s hundred (600) Wolfs +nd the Mirellhe is, or Is to be, burial of .xr I.,caflon on the property of the licensor outs de track ballast sections or roadbed, the licensee shell install ntil lie cor4vit, or raft-Wallic conduit encased In a minima, of tired 131 Inches of concrete with a minimum of four (a) feel of aaround cover the entire it wain of the Nirel(ne on the peopdrt of the licensor, A M)rolino bw led br removal of the soil shell have, of a depth of one (11 root DeneatN the surface of the ground directly above the Nirstine, a six (6) inch wide warn ng tape ppeeartnq fte warning, •panger-Nigh Volfage,o or eQuivalant wordiing. A Mireline encased (n conduit, lacked or bored under 0% property of the licensor Bust be Idenlifil by placing warning fi0rs, to be Installed any rho t0'4 Pointa(ned At tAe expense of the Licensee at each edge of the ii(ensor's property, the t(censa shall not utillte the signs in lieu of the warning tape where portions of the casing are instalted by direct burial. section f. NOrCE OF COtKKE)IE11f OF N%K. If an worgency should arise requiring immediate attent)on, the Licensee shall provide as much notice as practice h to licensor before conmencinn99 any work. In all ofhar situations, the licensee snarl notify the tltensor at last toil (IO) days for such other time as the Licensor ea el la) in advance of 1110 cotmenKa'renl of an work upor, pr e r Of the Ieconssfruciton,mrrelaitionNor tomoviiroftthe Nrirelloo MAil repair, shelf bbee~fit~fon;1 diligently to carplefion. exhibit 1 OPage I of 1 W9n 9 i , ' a 7 ❑ 32hIEl 0 rn~ar , 0 n !'~~9e iection a. lIC(NSE( 10 BEAR ENTIRE MNSE. the licensee shall Dear the entire cost and expense Incurred in connection With the construction, veintelance, repair and renewal •r, any and all modification revision, relocation, removal or reconstruction of the Mirtltne, including e•t and all expense which meF be incurred DF the licensor in connection therewith for supervision or inspection, or otherwise. Section REEOCATION OR R(K NAI OF MIRflisf. (1) Fht license herein granted is subject 10 the needs and requirements of the icensor In the 0perallon of 11s railroad and in the improvement and use Awl, property, and Mirelininto such1III alocationfeaixihisliei,see All designate ate WheneverniAwl, furfMr+~nce of its needs and requirements, the licensor %Natl fi nd suchn action necessary or desirable, the Mireli(b) on Ali the forma CO Mitions Ind stirtations Nert1A expressed Will reference to property of the licensor a the location hereinbefore ascribed shat(, so far as the wireline remains on the property apply to else MirellM as aDdified, changed or relocated within the conten~ISIO04 of this section. Section 6. LMTERFERENCf, In Ile operation aid maintenance of the Mireline the licenses shall take all suitable fir caution to prevent anq inserfertnes (by Induction, leakage of ctricify, or otherwisewith the operation of the signal, coniunication YYlines or other eintsfl}tallallons or nwinfenanei oftthetM`ret nt0reiultlfisin'a y ofeclaostitiu an fee1iiwhich INSrlicensorr deems undesirable or harmful, or causes interference with the operatton of the signal ceettuniulion lines or other installations or facllitle, as nee exlsling or which mail harsafter provided y the licensee- and/or itf tenants, IN lican$*$ shtllt at lNe tots expense of the l tens", 4mnediatety take such action as may necessary to it minate such interference, Section PROiEcrioN OF FIBER WIIC CJtf STSiEMS, (a) fiber optic cable pplsSems ray be buried on the Licensor'% propert Prolectlon of the fiber optic cable sylisms is of xtrams importance since any break could Qrlsrupt service to users resuting in business interruption and loss of revenue and pro Ili lienn ee shall telephone the licensor at I-M-)36.919) (1 21-hour numbr) to QeUrmine if tiger optic cable is Durted anywhere on the Licensor's promises to be used Dt the licensee, If it is, licenses will telephone the telecomunicallons companyltes) involved, arrarniqe for + cable locator, and take arraMoments for r location or other protection of the H r optic cable prior fo beginning any wk on the licensor's premises. addit,oA to of~ya )ndmtity provisions to this Agreement the licen ! inder,nify and *-,JA Ihs }Items.,r from and against all costs, 11abllif ssee whatsoever finclvding, wit lion, attorney s fees, court r xpenses)irisinp out of any act or mission of In* t c s contractor,~peRlS711wor e+ploroil, that 11At causes of contributes t0 ((1) any damage (0 a 'OI~F jn, iii; otinur e/tlOnS syfleAon licensor's propert end t2) any in wy t of employed by or on pe half of any HlcornunII bons cmpany ap± s contractor, agents an its n Licensor's / Joo perto. licenses shat 1_s~e or seek recourse against 4lctnsor for a or cause of ftby all 141TOM comp nY usingg licensers 1"operlysava uslmre or u0sergofnserric" of r optic cable on Licensor's properly. Soctl:n S. C(AiMS AND LIENS fOR I)AM AND MAtERIAI. fe) 'he 111111" SN411 fully pay roc all Materiels joined or affixed to and labor pert rued upon propeill1 of the licensor n c nnectioo wi)h The construction, rainle mote, repair, re newal, todifiCallon 44rr reconstruction of the MirttiM and shall not perms or • pssrruffer ant1 M11MIe't Of "Itri+afmsn's lien of any kind or nature 10 be enforced against IN Dehoalftofrlne+Il Y censr,iM ticenseilihetlnlermlfj a on it {atilt bretestCthelicinsort ag o ainst and from any and all liens, Claims, demnds, costs and expenses of whatsoever nature In any way connected with or growing cut of Suck wk done, labor performed, or arterieefs furnished, felled uponD)Infrespect fo a eon eccunty p wk the M4irilina, 1otplriiont the ssa" ffors becomi gta levieod or llton upavteoperfo s<fiha licensor and so iha iha sax", chary" and &$Iail eht's construction or rainfe ante of the NirelIna or ortany not be l mrsased because of the tocasion, © • any mproramentemenl, appliance or fixture connected Apr' xhibif a P4ge 2 of t 066i I 10 sae M r, , v , t~ ¢ gip` l :3 2 d 0 Nl z eeox>6 Form AWcved, AVP-tar therwilb placed upon Such proWfl, Or On account of the Licensee's interest therein. Where such tax, chargqee or assessment may not be separately cede or assessed to the Licensee but shell be Included in the asstswrant of the property of the Licensor, than the Licensee shill ppaay the to the licensor an equitable proportion of suchh taxes drierMined by the value of Monsee'S property upon property of the Licensor as corpered with the entire value of such property. Section 9. Rf9r AMON of LICEN". 1 PMAty. in the event the tlcensor authoriles the Licenser to take own an Fence of the Licensor or In any manner move or di turb any cf th♦ other property of 1M Licensor n connection with the construction, I alonance, repair, ranewat aooification, reconstruction, relocation a removal of the wireline, then in tN•t event the (icensee shall, as soon ae Possible ,end It Licensees sole expense, restore su.L 'once and other proLxrty to the same condition as the care were in before such fence was taken down or such other property was roved or dishrbed, and the Licenser shall indemnify and hold harmless the licensor, Its penalliosl ac aims, and aerandls. costs andsexpensefrc s ofawhafsoevor nature,imcludjig our; costs and attorneys fees, which ial result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury death, darnage, loll or oestruc0on grows cut of or arises from the taking down of art fence or the moving or disturNks of any other property of the licensor. Section Id. 1NDEMI tt. used in this So-, lon, 'Licensor' includes other railroad companies using Licensor's pr ty at ar hex the location of the Licensee's installation and t If cars, agen+t, eno arrppte ' 'loss' includes foss, damago, claims, ~enands, actions ees of action, pane Is, co hid expsrses Of whatS°ave; nature, ncluding t IS and attorneys' fees which me salt frw: (a) )njcry to or death pf per whomsoever ~~1~,?•L Nrq (rncludmQ the licensor s of s, agents and siloeees, the ti s officers agents, end emplatees, as wall its any of rSOnsi and ID) aamege t loss or destruct{on ppf / property whatsoever (including Lfcam property dame the roaohed, tracks, equipment, or other property of the licensor, or Pr ty in its a or custody). granted, ,he Licenseeraaggreesato lmdowifonsid ho L; of ass theealicenssoorpfro any loosss 4Aich s due to or arists from: I, the protecuti any, work cenhnplated by •.IS fit Oycling ihe Installat ,construction, maintenance, reD+err re modification, rat On tion, relocation, or rennvet of the VrrelIN or part thereof; or i• presence, eplration, or use of the Yirelins or electric eurre undur,ed thereon or asap mg therefrom, apt to the extent that the Loss is causal by the sole and direct negligence of the trcen Section II. REMNAL OF VtRELINE upoN rumistmoY OF AGREE rttt. Prior to the termination of MIT Agrearmant howsoever, the Licenste shell, at licensee's sole expense, remove the Viralino from the property of the licensor and restore such property to as good a condition as it was in before the Nrreline vas originally corsfructed all uMe, the supervision and to Ihe Satisfaction of the Licensor. If the { Licensee fails to do the forr,ping the Licensor at perform the work of removal and O restoration or the expense of the ticons". rho ticer,sor shall not be Iiebl♦♦ to the ticens" Ow any damage sustained by the Licenser as a result of the rwavaI of the Wire IIm b the Licensor AS s. this section providod, nor sshall such action prejudice cr lapa)r any right of action for darroges or otherwise that the Licensor may, at the tin of such removal, heva against one Licensee, Section I1, jtIMll OF BAEACM. rho wirer by the Licensor of the breach of an condition, corenlnt or agr} mml • he'ein contmiW to be kept, observed and performed by ina ticensM Shall in roc way upir the O O right of the licensor to avail itself of any subsequent breach thereof. ~aaqheibitof 4 OaD9rt ) t l sf a6Q]k WL"l M l f 32 , 711 .r ! i rr fl 1 p I 1] I C f , K n %0?06 form AWCV04, AVr•daw r Seclion 1). f RMINAfI i (a) If the Licensee does not uct the rl?ht heroin granted or the kifrlino for one { Ili Year, or it the tfSSenao continues to def/ufo a the wfornance of any c9qvenant or a rnmenf Mrein conlalned for a period of thirty (!o) days offer wilt }n notit• from the ~4censor to IM llf(,nsee spKl fvirq socl dlfault, the Licensor may, at Ifs option, forthwith + S "Woly terminate Ibis Agra,tint by wiflen notice. (0) In addition so the provfylons of suboerapraoh la) above, this ~yreanrnt nIr Oe Nrmi yy data lot naled bt wllten "Cliff given by either partll Mrein o the other on an notice stated no Ina, 140"Vor, IMn thirty ()ol art fvespwnt to the date upon wAIchuch such not ce shall 6e given. 10 Nolita of defavll mad notice of termination may be serv personally To the licansof or Of milli to the lost known Wdrasos of flit Llcensea, form nation of th To Agreemont for ant reason shall not fir any the rOfs of o011gations of the parties t hereto which ass have accrued, or 114 1Fty, accrued or otherwise, whiich way have arisen pelor S Ihoreto. Section 14. AGRELM(Nf Noi 10 1E ASSI6NID. t ? the Licensee sill not assign this Agreunnt, in Oole pr in art, or any rights R heroin granted will,out IM wriIton consent of IM Icensor, and I1 f agreed that nt tflnefer M ASSIO 9111 or effa+pted transfer or en~gnorit of this A e nt or ant of the rights herein pproofed, whelher voluntary, pr roeraf on of law, or ofMrwTse, witMuf loth ' Confirm in wl1'nq, shall be ehsolutfiy Vold and, at it* option of the L cor.+or, shall lerm(nal• this Agreamenl. Seclion 13. SUCCESSORS ANO ASSIGNS, and Inure SubJactD e10 the provisions of Set1lon II hereof this Agreeonsm MJ11 be Olndirrq Upon successors and" assigns. mortify herelo, their, he Rrs, executors, edn nlisleators, l f • r' r 1 31~ 11 t r I ~ • I y X , , e 1 r t I 1 r r ri r I [t~h~ibif OAgo1of1 Ib' n 12 .1) W x • ~`lf~~.i 'N e~~"~!t'," ~32 21 " f..a A a' 410"? "A ~INYMi Agenda Re n/.._- (?-/f~ pp Date .lJ_ 3'Z p AGENDA INFORMATION SHEET AGENDA DATE: November 3, 1448 DEPARTMENT: Water and Wastewater ~f ACM: I{oward Martin, Assistant City Manager/Utilities ltl.VNI SUB3E:C7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL S°.PVICES AGREEMENT WITH REED•STOWE & CO., INCORPORATED FOR CONSULTING SERVICES PERTAWINO'TO THE DENTON WATER AND WASTEWATER UTILITIES COST OF SERVICE AND RATE DESIGN STUDY: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 7 he Public Utilities Board and Staff have developed a general policy thrt cost of service and rate design analyses hould be corducted periodically by outside consultants. Periodic reviews by professional consultants ensure cdlity cost allocations are equitable among all rate classes, and rates are designed arpropriately. The last consultant water and wastewater cost of service and rate design was completed in 1991. Further impetus warranting a professional review of water and wastewater cost of service and rate design is the concern expressed by the Upper Trinity Regional Water District (UTRWD) about the wholesale treated water rate (for resale to Sanger). A consultant review of the wholesale rates will provide the city of Denton with an outside opinion of Denton's recommended wholesale rate methodology and its appropriateness. h Staff issued a request for proposal (RFP) to perform the water and wastewater cost of sere ice and rate design study and has received responses to the RFP from several firms. • The responses to the RFP have been analyzed by Staff, c d Reed-Stowe & Co., Incorporated has been selected as having the best proposal at an acceptable price. I OPTION ~ ~ 1 • 71:e City Council may elect to award the contract for professional services, which will 9 satisfy the policy of periodic cost of service/rate design studies by external consultants and address the wholesale treated water rate issue. 1 r i~ 3 2 x I 0 b p The City Council may elect to not award the contract, and Staff will continue to conduct its own internal cost of service and rate dcsign studies. RECOMMENDATION: i Staff recommends Reed-Stowe & Co., Incorporated be awarded a professional services contract to perform a Water/Wasl-water cost of servicehate design study at a cost not to exceed $59,784, kbTIM1fAT SC1 Q LE OP PR0IECj The wholesale Watcr/Wastewater cost of service and rate design portion of the study would receive first priority and is scheduled for completion by mid-December 1998. The retail cost of service and rate design is scheduled to be completed by early March 1999, with a final report presented to the City Council by the end of March 1999. PRIOR ACTION / REVIEW The City Council and Staff discussed the need for a Water/Wastewater rate study during a September 8, 1998 review of the proposed fiscal year 1999 wholesale treated water rate. Staff believes the consensus of the City Council at that review was that a consultant review of rate methodology was appropriate and that a rate study effort should be initiated at an early date, FISCAL INFORMATION The contract with Reed-Stowe & Co., Incorporated to perform the Water and Wastewater cost of service and rate design study is for the not to exceed amount of $59,784. The fiscal year 1999 Utilities Financial Administration budget contains funding for this Watcr/Wastewater study. The cost of service and rate design analysis will provide the basis for developing wholesale and retail rates and establish budgetary guidelines within the Water and Wastewater departments. Respectfully submitted: Earl Crews, Director Financial/ • Administrative Servicr O • J~4 Exhibit 1. Professional Services Ordinance Exhibit it. Professional Services Contract with Exhibit "A", the Price Proposal. 2 S Q. 25 x I C] 32X Now" 0 5 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE. CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED-STOWS & CO., - INCORPORATED FOR CONSULTING SERVICES PERTAINING TO THE DENTON WATER AND WASTEWATER UTILITIES' COST OF SERVICE AND RATE DESIGN STUDY; AUTHORIZING THE, EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage Reed-Stowe & Co., Incorporated to provide professional consulting services to the City pertaining to a water , and wastewater utilities cost of service and rate design study; NOW, THEREFORE, THE COI INCH, OF TI IE CITY Oi DENTON HEREBY ORDAINS: SEC "I WN 1; That the City Manager is hereby authorized to execute a Professional Scr%ices Agreement with Rccd-Stowe & Co., Incorporated for professional consulting services pertaining to the Denton Water and Wastewater Utilities' cost of s?rvice and ra!e design study, in substantially the form of the Agreement attached hereto and incorporated herewith by reference. SECTION 11: That the expenditure of funds as provided in the attached Agreement is hereby authorized. 5ECIION III: That this oidinance shall become effective immediately upon its passage J and approval. PASSED AND APPROVED this the day of 1998. i, JACK MILLER, MAYOR AT'[ E5 f: • JENNIFER WALTERS, CITY SECRETARY BY:,_ _ v APPROVED AS TO LEGAL FORM: ' • HERBERT L. PROUTY, CITY ATTORNEY ! • • B Y:' ~ ~n,~mn~a,.Mea w lM'N con wr) mmnu se Exhibit 25 X 10 32 x STAT F. OF T E.XAS § COUN'fY OF• DENTON § I PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO THE DENTON WATER AND WASTEWATER UTILITIES' COST OF SERVICE AND RATE DESIGN STUDY 1 THIS AGREEMENT is made and entered into as of the _ day of 1998, by and between the City of Denton. Texas, a Texas i municipal corporation, with its principal office at 215 Fast McKinney Street, Denton, Texas 76201, hereinafter called "OWNER"; and Reed-Stowe R Co., Incorporated, with its offices at 1651 North Collins Boulevard, Suite 115, Richardson, Texas 75080, hereinafter called "CONSULTANT;" each acting herein, by and through their respective duly-authorized officials and officers. WITNESSETH, that in consideration of the covenants and agreements herein cont,:incd, the parties hereto do mutually AGREE as follows: A8TICLE 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 sen ices set out herein are in connection with the following described engagement: The engagement (hercinafler the "Project") shall include, without limitation, completion orthe Denton Water and Wastewater Utilities' Cost of Service and Rate Design Study. • ARTICLE I SCOPE OF SERVICES The CONSULTANT shall provide the following Basic Services to the City of Ihnton Water and Wastewater Utilities Departments and provide documentation and reports related thereto, in a professional manner: 1 • A. WATER AND WAST EWATLR UTILITIES COST OF SERV1CFr O • 1. WHOLESALE WATER & WASTEWATER COSTS OF SERVICE (UPPER TRINITY REGIONAL WATER DISTRICT) EXhibllll 4 7'' x lu 32nD 1 O SMIRr1W I the CONSULTANT will begin the project by assimilating the required information in preparation for completing wholesale water and wastewater costs of service using the utility basis methodology, folloNNed by their respective rate designs. Priority should b given to completing the wholesale water cost of service and rate design, then the wholesale wastewater cost of service and rate design. Questions of significance, which will impact the results of the wholesale costs of service, shall be directed to the Water Utilities administrative and financial staff. The test year for establishing the rates for wholesale service shall be the projected year for which the rates are proposed to be applicable (1999). Test year data shall be obtained from actual data of the second )car prior to the test year with adjustments made for known or verifiable changes. 2. R11 "All, WA7 ER AND WASTEWATER COSTS OF SFRVICL' Following the completion of the wholesale portion of the project, the retail water and H astcwatcr costs of service are to be completed. Again, questions of significance, •,hich would ultimately impact the results of the study, should be .Iirected to the approprial: administrative and financial staff, The test years for establishing retail water and wastewater rates for service shall be projected costs over the period 2C@o-2003. 3.COMbLOILI I Y VOLUME'' AND FINANCIAL. FORECASTING FOR LONG RANGE; FINANCIAL ANALYSIS The CONSULTAN f will reaiew the Water and Wastewater Departments; (1) forecasted water and wastewater billable volume methodologies; and (2) revenue forecast'r methodologies. Improved billable volume and revenue forecasting methodologies may be recommended. Revenue forecasting methodologies for both the Water and Wastewater Departments should be reviewed in greater detail for the proposed budget )ear and the general methodology for use during future budget years. i Moth the Water and Wastewater Departments utilize an annual cash-basis income statement to project future revenue requirements and expenses, and ultimately forecast the future profitability of each depanment, long-range departmental rate adjustments are determined from these income statements. The CONSULTANT may recommend improved long-range financial revenue and -xpcrise forecasting methodologies (t,e income statements), or more accurate methodologies for forecasting future long-range rate adjustments. Fiscal year 1999 budget and capital improvement program (CIP) data has been provided, Improved financial forecasting methodologies are expected to provide more accurate projections of future long-range rate adjustments and a more realistic long-range financial pro-forma. Currently Water Department rate revenues are recovered through residential, commercial, , governmental, and wholesale rates. All retail water rates consist of a facility charge and a voiuine charge. No minimum water volumes are provided through the facility charge. O Residential water rates are subdivided between those inside the city limits and those outside the city limits. [loth inside the city and outside the city residential rates utilize inverted block rates in the summer months (Ma) through (Mober), and are without Page 2 a ~5~10 32XI❑ 0 I~ , I blocking (Flat Rates) during the winter months (November through Outside the city rates are set approximately I5°io higher than inside the city rates. Commercial water rates are also subdivided for customers inside and outside the city. As in residential water, outside the city rates are approximately 15% higher. All commercial and governmen(al rates have no blocking (1 e. Flat Rates). The wholesale rate is a three-part rate, consisting of a facility charge, a volume charge, and a peak demand charge. Wastewater rates are subdivided into residential, commercial. food services, equipment services, pretreatment, gavernmental, metered •,olumes, treated effluent, and wholesale classes. All wastewater rates consist of a facility charge and a volume charge. No minimum wastewater volume is provided through the facility charge. Residential rates arc based on a three-month winter average (December through February). All other rates are based on a percentage of water volume, except the metered volume rates (SCD. SM) and the wholesale rate (SSC), which are based on actual metered volumes. (loth the Water and Wastewater Departments are expected to continue to operate as fully self-supporting departments. All water utilities' rates are to be designed to provide revenue that meets bond covenants. Bond covenants require that pledged revenues be 1.25 times average debt-service requirements. 1 I Il. WArFR AND WASTEWATER UTIHITES RATE: DESIGN: 1. WHOLESALE RATE DESIGN (UPPER TRINITY REGIONAL WATER DISTRICT) j the C'ONSUL'TANT will give priority to the Water Utilities' wholesale rate designs. immediately following completion of the wholcsalc costs of service. Wholesale water rate design should be, expressed as a facility charge, a volume charge, and an annual demand charge per unit of peak-day usage. «holes ,Ie wastewater rate design will consist of a facility charge and a volume charge. Discussion with the CONSULTANT will determine how cost recovery of wastewater pretreatment program charges and sampling and analysis charges are recovered. s ~ 2. EXISTING AND PROPOSED RETAIL RATE DESIGN i I he CONSUL 'FAN'F will evaluate the existing retail rate design for each customer class. Rates will be designed to recover the costs associated with each customer class to the greatest extent possible, but competition is to be a major consideration in the design of the rates for each rate class. Moderation with regard to significant changes in existing rates mill need to be considered, Proposed talc ch:.iges of significance should consider l the magnitude of the change, and may require a multi-year phase-in approach. Customer classes are to be of similar description to the current rate-making practices of regional water and wastewater departments to the extent that they are applicable to the Page 3 I 32x0 Now A aewrsv . O VqKM" City of Denton Water and Wastewater Departments. 1he C'ONSUI.TAN1 is to make recommendations for fewer or additicnal rate classes that may be appropriate. Consolidation of rate classes may or may not ultimately benclit more customers. 1'he costs for each current and proposed rate class should be initially determined utilizing a full cost methodology for all costs, direct and indirect. T'he CONSULTANT shall consider other cost allocations utilizing indirect costs, and rate stiwtures for the purpose of designing City of Denton water and wastewater rates that are more competitive. Adjustments to any rate classes, from a full cost basis, should be in recognition of the following items. (a) The establishment of new rate classes, or elimination of existing rate classes. (b) The firal allocation and assignment of indirect costs. r'he CONSULTANT will provide written comments related to the competitiveness or - lack thereof of Denton's existing water and wastewater rate classes. These comments will further state the CONSULTANT"b recommendations of how Denton may increase rate competitiveness within the Water and Wastewater Departments prior to beginning the rate design process. (i.e. moving indirect costs between classes) WATER & WASTEWATER CUSTOMER CLASS SUBSIDIZATION the CONSULTANT will identify any poVntial customer class rate subsidization which may be occurring. The i,,,,ni is that if rate subsidies exist, they will be identified for potential elimination. 4. WWI GR & WASTE.WATL'R OUTSIDE THE C'I'fY LIMIT RATES Thesc customers should be analyzed; number, volumes, peaking requirements, revenues, asset base required to sene, etc. The CONSULTANT will provide a recommendation concerning whether Denton should continue to provide "outside the city limit" rates. 5. WATER & WAS] MATIR CUSTOMER CLASS CIIARACTERISTICS i '[he CONSULTANT wild review the customer class characteristics and load patterns of all water and wastewater rate classes. The CONSULIANT will determine if sufficient class characteristics and/or usage differentiation continues to justify sepa•dte and distinct rate classes for Denton's existing rate classes, 'this review may result in the ! recommendation of fewer, or potentially additional, rate classes. b, %'ATLR & WASI EWATER MOBILE I IOME PARK RATES the City of Denton's mobile home parks (approximately 15) are currently on various water and wastewater rates, due o various site factors. The CONSULTANT will review Page 4 I 10 32x111 0 0 Ik a summary of this information, provided by Denton staff, and provide written recommendations to potentielly provide better eyuitabilily and/or simplification with the rate design for these types of customers. Variances in rates assigned to Denton's mobile home parks (N1HP's) are related to the follo+ving options. These options hate caused Denton to currently utilize two (2) water rates and five (5) different wastewater rates for their fifteen (15) N11 Vs. (a) Receiving both water and wastewater service. (b) Receiving only water or wastewater service. (c) Assignment of either inside or outside the city rates. (d) Individual residential metering versus master metering. 1. WATLRR WAS IEWAIER FAC'ILITYCHARGES Lxisting water and wastewater facility charges differ by rate class for the same meter J site. Water and wastewater facility charges may more appropriately be set at specific 1 cost-rccowry levels independent of their rate class. 'the C'ONSULTAN'T swill address this issue during the rate design. Specific and identifiable costs should be identified for cost recovery through the facility charges. 8. 1VATER IRRIGATION RAI S Currently the local government water rate class has an interruptible and non-interruptible irrigation rate. Irrigation rates arc not currently available to any other rate classes. The CONSUI.TANt should review and analyze, for possible implementation, the potential for the Water Utility to offer residential an&or commercial irrigation rates. In irrigation rat sign, consideration should be given to the future availability of Denton's water supply and the existing revenues generated utilizing current rates. Irrigation rates should funher consider Denton's available irrigation demand relative to the system demand, and the irrigation impact on the current water supply, A demand component may become an integral pan of an irrigation rate. i 9, RE{SIDEN1IAL WA I ER RA1 E BLOCK S1 RUC'I URE 1 he CONSULTAN I should analyze the residential water rate (AR) block structure. The structure of the existing rate; three (3) blocks, with the first two (2) blocks holding 15,000 gallons each, should be analyred to determine if this is the most b:neficial structure for the rate class based upon specific management objectives. 'the relationships of the block sires, and the price differentials between the three (3) blocks should be studied to determine if they are appropriate. 0 • 10. WASiEWATER BIOCHEMICAL OXYGEN ULNIAND (IIOD) AND TOTAL. SUSPY.NDE:D SOI IDS 1 rSS) SURCEEAROLS 1 + Page 5 El 32 X ID 0 rs~we. - 1 s J An analysis should be done to determine a treatment costing methodology for both of these parameters. Based upon treatment costs, the CONSULTANT will determine if the surcharge rate levels are appropriate, and provide written recommendations for their activation, i { 11. WASTEWATER SAMPLING AND ANALYSIS C14ARGES Several wastewater rates currently contain sampling and analysis charges (for each sample and analysis). The CONSULTANT will determine if these services are recovering the appropriate costs, and provide recommendations for cost recovery of these services. A review should be made to determine if the costs to be recovered are justifiably, significant for the rate. { 11. WASTEWATER CATEGORICAL, & NON-CAI EGORICAL MONITORING COSTS The existing wastewater rates contain fixed monthly charges for categorical and non- categorical monitoring costs. The CONSULTANT is to determine if these fixed charges are recovering costs, and make a recommendation regarding the lest method for cost recovery in these areas. 13. WATER & WASTEWATER RATE SCHEDULES Aftet completion of the rate design, and prior to epproval of rates by the Denton City Council, the CONSULTANTi may be asked to provide assistance in wording specific water and wastewater rate schedules. Clarity and simplification of rate schedules is important in order to obtain full customer understanding with all rates. 14. SOI'"i WARL' TRAININ the CONSULTANT will provide a minimum of one-half day of software training to enable Denton's staff to perform annual updates to the cost of service and rate design. All proprietary soI ware will be held confidential. Denton Water Utilities utilizes Microsoll Office and Windows '95. A C, If there is any conflict between the terms of this Agreement and the exhibit attached to this Agreement, the terns and conditions of this Agreement shall control over the terms and conditions ofthe attuched exhibit. ARTICLE III ADDITIONAL SERVICES O f ' Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. Any expert testimony by CONSULTANT before any regulatory agency or court. Page 6 i , 7yx10 32XIO 1 l~gQdrl~ ' 0 1 ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issuance 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 schedule established by the OWNER, acting through its Director of Water Utilities or her designee, ARTICLE V COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as Ciat expense incurred in performing professional services under this Agreement by the CONSULTANT for supplies. transportation, travel, communications, subsistence, lodging away from home, and similar incidental expenses reasonably incurred in connection with the Project. B. 13111INO 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 detail, at the hourly rates set forth in the "Proposal to Perform Cost of Service i and Rate Resign Study (Revised Cost Proposal)" hereinafter referred to as the "Proposal;" dated October 27, 1998, which is attached hereto as Exhibit "A" and incorporated herewith by reference; a total fee, including reimbursement for direct non- labor expenses not to exceed $ 59,784.00 Partial payments to the CONSULTANT will be made on the basiF of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee: however, utder no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is • rendered. 1 he OWNER may withhold the final ten percent (10° o) of the contract amount until satisfactory 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 its Assistant City Manager for Utilities or his designee, or which is not submitted in compFance with the terms of this Agreement. The • OWNER shall not be required to make any payments to the CONSULTANT when the , 0 • C'ONSULTAN7 is in default under this Agreement. it is specifically understood and agreed that the CONSULTAN r shall not be authorized to undertake any work pursuant to this Agreement which would require additiond payments by the OWNER for any charge, expense, or reimbursement above the Page 7 'hP 32 x~ 0 AMAMI maximum not to exceed fee as stated, without first having obtained written authorization 0 from the OWNER. 7 he CONSULTANT shall not proceed to perforni the services listed in Article III "Additional Services," without obtaining prier written authorization from the OWNER. C, ADDI rIONAL SERVICES: For additional services authorized in writing by the OWNER in Article lll, the CONSULTANT shall be paid based on the schedule of charges at the hourly, rates set forth in Exhibit "A" hereto. Payments for additional wrvices shall be due and payable upon submission by the CONSULTANT, and shall be in accordance witb subsection B hereof. Statements shall not be submitted more frequently than monthly. IL PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (10,6) per month from and after the said sixtieth (60'x) 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 hen due and owing for services, expenses, and charges; provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (10110) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE V~ r OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects .!r deficiencies in the work of the CONSUH AN r. ARTICLE VII 0%NERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTAN r pursuant to this Agreement are instruments of sen ice, and shall become the property of the OWNER upon the termination of • this Agreement. The CONSULTAN r is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project. and OWNER's use of these documents in any other project(s) shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the informati,m 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. it ~ 0 • Page S 25K A ❑ 32 x I❑ .a. ' r r 0 ARTICLE VIII 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 ary right arising from employee stL-1 " ART+~'L , IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, employees, and agents from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney's fees incurred by the OWNER, and including, withw limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, employees, agents, subcontractors and subconsultants in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation tiled by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses arc hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain at all times, the following insurance coverage with an insurance company or companies licensed to do business in the state or texas by the State Insurance Commission or cny successor agency, that has a rating with A.M. Best Rate Carriers of at 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 tyre aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in [lie aggi:Eutc. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 0 C. Worker's Compensation Insurance in accordance with statutory requirements, and i 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. i Page 9 ~ f.J 32 X AL~ t ~ 7rlbypN . I 1 n 1 i i 1'1. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent permitted by law, and shall :ontain a provision that such insurance shall not be cancelled or modified without thirty (30) days' ;.rior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver substitute pcficics or certificates evidencing the same coverage. k ARTICLE .X I . 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 arb;r-alion 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 ether's approval ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement 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 fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nen-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 Agrecrricnt is terminated prior to completion of the services to be provided hereinder, CONSUL IAN f shall immediately cease all services and shall render a final hill for services to the OWNER within thirty (30) days after the date of termination. The ONNcR shall pay CONSUI.TANr for all services rendered and satisfactorily performed, and for reimbursable expenses incurred prior to the date of termination, in accordance with Article V hereof. Should the OWNER subsequently contract with a new consultant for the continuation of services on the project, CONSULTANT shall fully cooperate in providing information. The CONSUL rANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its own i page 10 -MV e ?5 x l t 32XIO 0 ARTICLE Xiil RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liabilit, of the CONSULTANT, its officers, employees, associates, agents, subcontractors or subconsultants for the accuracy and competency of their work; nor shall such approval be deemed to he an assumption of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its officers, employees, or agents. A_kTiCLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the respaaiae parties at the addresses shown below, by means of certified mail, return receipt requested, unless otherwise specified herein. To CONSUL I'ANT. To OWNER! Reed-Stowe & Co., Incorporated City of Denton Jack E. Stowe, Jr., President Jill Jordan, Director of Water Utilities 1651 N. Collins Blvd., Suite 115 901•C Texas Street Richardson. Texas 75069 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given. ARTICLE XV " ENTIRF. AGREEMENT This Agreement, consisting of fourteen (14) pages and one (1) exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as the complete and exclusive statement of the terms of their agreements, and supersedes all prior contempo..tcous offers, promises, reprrsentations. negotiations, discussions, understandings, communications, and agreements which may have been made in connection with the subject matter hereof. ARECLE XVI SEVERABILITY If arj 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 0 this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agtement to replace such stricken provision with a valid and er.forceable provision which comes as close as possible to expressing the parties' intention respecting the stricken provision. Page 11 l f O A i. I ARTICLE, XVII COMPLIANCE WiTN LAW'S E 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 hereafter be amended. ART[CLF XVI11 DISCRIMINATION PROIIIBrfFD 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 physi.dl handicap. ARTICLE X[X 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 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. B. All services required hereunder will be performed by the CONSULTANT or under its direct supervision. All personnel engaged in work shall be qualitled, and shall be authorized and permittad under state and local laws to perform such services. ART[CLF XX ASSIGNABI LI1 V [he CONSULTAN] ' shall not assign any interest in this Agreement, am' shall not transfer any interest in this Agreement ("nether by assignment, novation, or otherwise) without w the prier written consent of the OWNER. • A TICLFXI MODIFICATION No waiver or modification of thi: Agreement or of any covenant, condition, or limitat;on herein contained shall he valid unless in xriting and duly executed by the party to be charged therewith, and no evidence of anv waiver of modification shall be offered or rxelved in evidence • in any proceeding arising between the partie, hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, -utless such waiver or modification is in'+Titing O and duly executed, The parties further agree that the provisions of this Article will nct be waived unless as set forth herein. Page 12 1 l II i L OA ►M1 32X111 0 i i I AKT1C'LF XXII MISCELLANEOUS A, The following exhibit is attarhed to, incorporated by reference, and is made a part of this Agreement: t Exhibit "A" - Proposal to Perform Cost of Service and Rate Design Study (Revised Cost Proposal) dated October 2), 1998 l K CONSULTANT agrees that OWNER shall, until the expiration of three (3) )'ears after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and wcords of the CONSULTANT involving transactions relating to this Agreement, CONSULTANT agrees that OWNER shall have access during normal %wrking 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. OWNL'R shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action brought under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed oy and construed in accordance with the lams of the state of Texas. D. For purposes of this Agreement. CONSULTANT designates the key person who wi I oversee and perform most of the work provided for hereunder, as leek E, Stowe, Jr., President of CONSULTANT, who shall also be OW NE.R's primary point-of-contact for the Project, Flowerer, nothing herein shall limit CONSULTANT liom using oth,:r qualified and competent members of its firm to perform the services required herein. 1', CONSUL] AN f shall commence, carry on, and complete any aad all projects with all applicable dispatch, in a sound, economical, and efficient manner and io 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 related work King carried on by the OWNER. 0 F. the OWNF;R shall assist the CONSULTANT by placing at the CONSULTAN"T's disposal all available information pertinent to the Project, including previous reports, uny other data relative to the Project, and arranging for the access thereto, and make all provisions for the C'ONSULTANT' to enter in or upon public and private property as required for lLa CONSULTANT to perform services under this Agreement. O. I'he 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 W'I INESS um w. the city of INnion, Texas has caused this Agreement to be executed in four original counterparts by and through its duly-authorised City Manager; and i l Page 13 32 x I Ll 1 • p , omen CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer on this the day of _ 1998. .,OWNER CH Y OF DENTON, TEXAS By MICHAEL W. JEZ, CITY MANAGER t ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL 1 C) NI: IIERBERT L. PROUTY, CITY ATTORNEY By: "CONSULTANT" REED-STOWE & CO., INCORPORATED { Y By, JACK E. STOWE.JR.. PRESIDENT AT]ES1: 0 BY' 0 0 tom. S. Our1 wvrwnlsContnclt'od'%A% %COS and Rite Dn Ign lVe I PSA ka Page 14 ti, . x 25 e 0 MUM City of Denton Water Utilities Proposal to Perform Cost of Service and Rate Design Study October 27, 1998 Revised Cost Proposal , Reed-Stowe a Co, Inc, IS preparod to perform dM Clty$ water and wastewater Cat of Service Study at a nd to exceed project coat of S59,7a4. Thfe rat tp enaed t~id rapresenb a 209& dESeaxk from our standard Ipurfy billing rates, Kas"tows & Co.. Ina, Invoices Its crients morory rot actual hours wonted at our Standard hourly billing rates plus OIA-d-pocket expense incurred at Cost. In N event we have aver estimated the level of effort required to suoopafuty cOmphte this Wq%Wn4M, we vAg bill for 0* ectual Me end expensee but In ra went will the IOW project exceed 559,784. Our "GM standard hourly billing fetes, which shall remain fined during the lean of this eryspem m' we as roltoww Prssldent $225 Dfrsdor of Operations SY00 Staff Coroultants S754110 Clerical $27.60 iSTIMATI! DETAIL A. Section I • Water Utilities Cost of Service IdsJdl40 b t 1 C A-1 Projed K'tkoff J. Stowe 3 5180 55,60 M.Israslson 3 Sea 264 4 Rate Base Detennination J. Stowe 24 $1410 4,320 M.lareelaon 16 S88 1,408 A-3 Test Year O&M J. Stowe 32 3180 5,760 M. Israelson Is Sa8 1,408 AJ Depreciation j. stare 2 $1SO 360 M.lersersom a S88 704 A-5 Projected Demands by ckstomer Vass j Stowe 18 S1a0 2,650 M.Israefson 24 sea 2,112 A-8 Rafe of Return s J stare 1 $teo tao ' M.Israelson 4 S8a 352 A-7 Coff~.16 AJI J Stowe 24 $1a0 4,320 M.lereeleon 16 S8a 1,408 A 8 Revenue Offsets j Stave 1 MO 180 M.Istselson 4 sag 352 , p t A-4a10 V"NaleAnocsitions J.Stovve 2 $180 360 + M Ivealson 8 M 704 A-11&12 Rate DOW J.slowe 2 steo 360 M.larselson a sea 701 haab 2V4 d'xr,w I Exhlblt A ^L 1❑ 32X M MONA % 1 0 0 • I -BMW 1 I I3 ! SJt~!ii0l Lim Q't~Ai 8-1 Cash Basts COS 0. Yanks 4 $160 $640 9.283 Functionatlxation 0. Yanks 6 $160 1.280 I J M.Israelson le $88 1,408 8465 Customer Class A caadons J. St-ve 2 $180 360 0.Yanke 16 $160 2,560 M.ISrselson 24 386 2.112 84387 PMIW@d Revenues under Eaisong Rates J, Stowe 2 MO 360 0, Yanke 8 3160 1,280 M.ISradson is 368 1.408 C-181 Fascasling Methoddogy Review J. Stowe 2 $180 360 0. Yanks 4 8160 640 C-3 Reaoevnartdations J. Stowe 1 3160 160 D Yanks 4 $160 640 0.1 DELETED D. Yanke 0 s160 0 M.1waslson 0 386 0 D2 aELETED 0. Yanks 0 s160 0 Q3 DELETED 0. Yanks 0 8160 0 D4 OELETEU J. State 0 5180 0 O Yanks 0 $160 0 3H 904 B. Section II - Water UtMles RAte Design A-1 Not AppliaNe 8.1 Staff lntanlews Ooalp, and Objectives j stowe 2 $160 3360 0. Yanks 4 s160 640 Supervision of Raglonal Survey performed 82 by Damon Stall D. Yanks 1 3460 180 M.Israelsoo 4 "a 352 Supervision of C4ntrost Anatysis peffwTW B-3 by Dorton Staff D. Yanks 1 3160 1130 a M.ISraeleon 4 S88 352 B-4 CompulkNo Gass I, D J. Stowe 2 8160 360 0. Yanks 6 $160 960 1 B•3 AltomatNes J. Stowe 6 3180 1,440 ~ 0 • D.Yanke le 5160 2,660 M.IBmison 20 366 11760 B-0 Staff Review J. Stowe 4 8180 720 D. Yanks 4 316J 640 MUM M% IdOPWd 3 2 x D ' r 1 u r I , B 7 A!wrAuva Rate Oaign J. Stows 2 6180 360 D. Yanks 4 5180 w M.leraelson 8 688 704 C WA F D OCL D. Yanke 2 No CA&W E WA F-1 Mobile Home Stall Inuniews D. Yanks 2 5160 320 F•2 Moble Hans Findings rW Conduaons J. Stowe hlo Chwpe 0• Yanke NoCharye I 0 WA H WA I WA J WA K WA L WA M•1 Rwiew Exlsdrg Rats Shcedukd 0. Yanks 6160 320 JJIII M-2 Draft Ahem dive RaW Schedules 0. Yanks 4 6180 840 M.Iwaelson 8 688 ?04 I N•1 Model Develop This slkrt hes been kroorpon0ad ebow N-2 Model PNlrxaments M. Israllson 4 in 352 N-3 uw Manual M. IuuFeon a See 741 I N4 TrWrjrg M.ISW$w 4 668 354 $15,90 Project ToW PWsuk%* Fees W.04 EsWAW W-d-poekal Expense 2.320 Tow Proo Cast i 9, lam/ NOT TO EXCEED INN f68 T6/ 1 Ik I 1 v,v, I ~ r.ecr 10M Grour >;1 , 32 X 0 s 0 Apcnda tJo Yil~ , 4pends Iser/e/ _ -Aa ORDINANCE NO. AN ORDINANCE AUTHORIZING 7I'E CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE L,'ITY OF DENTON AND ELLER MEDIA COMPANY IN FINAL SETTLEMENT OF LITIGATION STYLED ELLER MEDIA COMPANY V. SIGN BOARD OF APPEALS OF THE C11Y OF DENTON AND Tl1E CITY OF DENTON, TEXAS, CASE NO. 98-50138-367 FILED IN THE 367TH DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING THE SETTLEMENT AND EXECUTING A RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEUSY ORDAINS: f r SECTION 1. That in litigation styled Eller Media Company Y. Sign Board ofAppeals of the City of Denton and the City of Denton, Texas, Case No. 98.50138-367 filed in the 367" District Court of Denton County, the City Manager is authorized to execute the proposed Compromise Settlement Agreement between the City Of Denton and Eller Media Company, attached hereto and incorporated by reference herein, and authorized to execute a release of claims, in a form approved by the City Attorney. 5ECTION IL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the , day of , 1998. JACK MILLER, MAYOR Al TEST: JENNIFER WALTERS, CITY SECRETARY j B1'r - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I 1 r' 1,h.0j"4 wuo~ PemnwnPAnnMOhlle.,de s. 1 OKI "yJa1l2 ' :J X 10 3G/~IO .90 0, - 110momseww"Pok".0 - - i e 0 Sae" E1od_tINTOx CIrv AITOANEV FAX NO.1 9443827923 10-31-99 821137 I.e2 V I CAUSE N0.99-50139-367 IN THE DISTRICT COURT OF Ei,LER MEDIA COMPANY § V. g DENTON COUNTY, TEXAS SIGN BOARD OF APPEALS OF 4 THE CITY OF DENTON AND, THE CITY OF DENTON, 7EXAS 367r" NDIG7A4 DISTRICT ¢ Qg1A]pROMSSE SE7n RNT RBLEASE OF ALL CLAIM l KNOW ALL MEN BY THESE PRESENTS: That k L agreed by end between PLAINTIFF, Ella Media Company and the RELEASED PARTIES idetaklod as Sign Board of Appeals of the City of Denton and the City of Denton, Texas, and its past, present, and fatwe officers, elected officials, ernployess, agent, and attorneys (all in both kit offal and individual capackies), and their respective tnsurers, and those in privity with any of dwat, as ,bilows: 1. The RELEASED PARTIES will issue a sign penoit to egow PLAINTIFF to repair the sign that is the subject of this IMption, as set forth herein. In doing so, PLAINTIFF shall make repairs as tetkoted In the attached repair nrder. No additional pemthting fee shall be required of PLAINTIFF in eormection with the grading of We i pcrrttit. 2. For mad in comldenrion of the Mutual ag ecmimts 00nuined herein, PLAINTIFF, Wier Media Company, hereby Ally relca+es, discharges, and acquits the RELEASED PARTIES, from, and agree 1W this settlement "it be in full and final seti,facibn and conpotniss of: all actlons, causes of action, claims, and demands, on • vcourn of or in my way growing nut of arty and al negligence, latentimW ntlecondmi, O , violation of ConstttuWnal or statutory rights, conspiracies, darngge to reputation, taking Campead xma,t last eft ALM 25-10 32x13 p at~laa. r . A Egtnt _ ttENJntl CJ TV ATTORNEY FAX PD.t 9403027927 19-30-98 02113P P.el Of Property, Attoroey's fees, pre- end post-judgement Interest, and Ail other asusa of action and damages whether known or unknown Arid whether heretofore ameried or not, owned or possessed by PLAINTIFF against any said RELEASED PARTIES growing out of or in any way connected with the denies of said sign permit vA appeal, all as more &Uy described in the pleadings on file herein, to which reference is mode for more complete dexrtption PLATNTIFF also bates that it has no pending o r centempbaed actions to challenge the wording of Section 33.95 of the City of Denton sign ordinance as it is cumerely written and u ill not make s facial challenge to its constitutionality of Section 33-95 wkb respect to application of Section 33.95 to the subject sign, but expressly reserves its right to challenge any subsequent activities ofthe REIRASEU PARTIES In interpreting or seeking to enforce this provislom 3. PLAINTIFF and the RELEASED PARTIES EACH hereby represent and warrant to each other and to the Court that no promises, mpreserAwkwi+ or aglermerits not set out herein have been made to them; that this Compromise Settlement R Release of All Claims is execulod wklloirt rrllfimv upon mq statement or representation of any person or parties released or their tep anntativca concerning damages and or leg+l liability therefor, that acceptance of the oonsideration set forth herein Is a fall Woord and mt1%factfon of a disputed '-in% which Is Incapable of being exactly determinod. WA for • which liability is expressly denied, and that this Comprorise Settlement A Release of Ail ("alma is made of Mt own five will and accord after consulting with and acting upon the advice of their attorneys. 4. FOR THE SAME LONSIDERA11ON, It is agreed that the above-styled J~01 , t t:Dnlaran 11 9, Ire 1 s Avealms Paa92 Ort' } .j I 1 xn 7 X 1 25 32x1[3 W J e - ~II . O ra w4 x-. YV 1♦4.RA>"k1P'1.TA"A A{:x.N p _ x. nn n Yri. ~,rr ♦.•r."... ~ ♦ a , F ROMI DENTON CITY ATTORNEY FOX NO.1 tI N62rf27 18-36-99 62114► ► J{ Ice to realbg the same, wd that coos of court will be h suit will be dt mkW with prejud f I a t wd to the pruty ilxwTk g the same. 9A88D PARTIES, Wough originally drafted by attorneys fof the REI Sdtieroem & Rekaae of All Claims is a eoohsct which is product of this Cottlpfomisa negotiation behwn the parties std attorneys for the parties and which shell, in the eved ` of d' ovt; Us me n4 of app4'.diotu, be idop't.4ed fehly and rcaeotlably, and neither mon SUMIY for a- MWnA ekhw pony. This docunxut cmwm the cntirc s,penvtd of tM penes hereto. THE PROVISIONS OF THIS COMPROMISS SETIITMENT • RM VASS OF ALL CLAIMS AM CONTRACTUAL AND NOT MERE RECITALS. WITNESS OUR HANDS thIs rday of .1998. ELLER MEDIA COMPANY 9Y: APPROVED; Attorney he PLAIN IVF THE STA'T'E OF TEXAS ) COUM'Y OI+ ) 1'Ns instrwnent was ackmw.edted before me on the day of 19__j by 0 • Notary PubliaState of Taus 1 J~o lras Dr• ccion.sMS awt+.n.,l A~M1 E' r, 32XI❑ ~arrt>trrl t} r ",11 0 I <T' , k . 1COM7~ 1 I a, •z I ,r.-:R.w ..«.L. ~wa+wrMe~Mila.wMaw.aev..w.. ...ru:.:.,..« :,:..;.'s . ......':.~C r t~ V IWO DENTON CITY ATTORNEY VAN NO.$ 040302T933 10-30-00 03l14► A.03 V My Co3odssion ETmirea: CITY OF DENTON, TEXAS BY: Michael V. JM City MW*41a APPROVED: t, krry S. DrWw, Ir r: Attorney in DEPENDANT THE STATE OF IMAS ) COUNTY OF MTON ) This Lnoz nt waa xknowW&od befotl: im on this day of _ IM, by Mkbaol W. k4 City Msmpr for the City of Denton Tessa. Nowy Publk slide of Taw 1 My Compguion Evimsr - ~ 1 ,r 4 f ~ r' C 1 I f ` + I V r 1 1 - .6 x •~~w• L lei ' ~ yRf~MA ~/tMnME ~ P 1 H lJ e O 1 A ' aaa 0.r.R • O tet6Ta 411 ,f$QNI-.PErjTyN CITY ATTOINEY FOX 90.1 9483827923 y 1e 11 .11 1D' !'IANI wur{IC lJltutlTI. 1 10•`013 34:df'~116.~3L ~.ug Knq NO r1 ~,.w INA0Itil .16r f1~n♦ IYU3`IM NO. IrINT4a 31LCL-R11»n. DFar- Urr=x, on..._.,, ---gll•4wM-~/ tli.41" ~5 ~,Riw*-1f~~~$AI~--~•~-•~frF-tt-I 11All~aa, Pilo. Ow'IN+ i A411 , x t I! Pp v a~1M a -,?a- CeA'•f,5.-j453M Coo,'.~R.-.... Ca+4ClA-+55--Fill r11 1. -.--Expwyld~Til ~J0 11I , 11/r.ow.0401 t,FSF 14••- tutoQ coNVEltt[] 11M .._--/1, 1141 ._~Clafa.~~... IOM.... al. refs.- BACaunO R'ICatKKT!❑ slim. A. ilr - ('.1141, n{rl r1aGO ,NI 111! Murton! NChu1 d 0nC 1ZnZ5 Unit at lo'cat l,t NFAL EiI `.DR10M_ tfTpnCnO QO R1 1i ER1Cf R S! STIN t-mi-.dOiCilbod below. CONS1p POST1110 1..... „ f ACAL E11 n E 140" C1a6MAM Mll . foot aN 1olum 31 I'. lu ,t, a II 1.1 ::1.11 11 'I 'I slip.: T' I iii' Clean u S1) 30 mhrt panof, ainpfe fa:a. J obtain 14) 30' wooden poNR Rot M ground and 10' Io deck. ~J Hong er<islfng panel. Repair and roplacl9 Cotwalk and walk unns. {i 1 E ~~i{ r 1 { I 1 Excavate hulea to apppro~riale depth jopprox. i+~4 ' I ~ II Sand and concrote In am required. Clean up and replace Ilghl torturer j 1 '7• I I'~ { NI f~li"SI 1 JIS' iN~ ~I I I I II ',1 .I. •'i ';i II ~l[ , a 1. I; r~~~~)1J'T~r``'' r. 'Iti 't+ 41 . 14 Ii 'tli'~ TT~Ill=tl.l ifl! I ' ' 1 +{{'-s r 11;I:., 11111i'i ~1+1! !iflfll}'f1'I ~I (jl ~''r1 f }{~~j!f I- r 1j r { c ~.k'I{ 1'!{ {liI .Hi Il ~II I; i}~{ 1 I.t i 11 J} r1 : 1,1 } 11 T °4' ! t I I' }Ik ' UI~ j11, flit rr I. IT 1 ' r i I I f 1. II li 1 1 I r , I"I 11 I '1 1 i ~ y i . r.f ~1 1~ h l i,,i }r 1 f , 1 ' r. r r w r n. l l 1 I i i , 1 .''}-j1 r~ lIS . r l {y .i I. ~I s .1 1 It .:E tr # ~I 1{i'' ill 1 I ' ~ 4 ' if i '~l ki} `f }'t 1+7 4ip l s r};~ lytl I i r' -41 ' I ,I 1 1 1 ,l, l u I .I" 1 I: II , 1111 ~ '1 r ` j ` , Jaa r 1«1 ,r ' Illl,•~I 11 , • i 11 ~s 1» 411! ~l li 'I I Il'Ei' i1' t ' ~~E rl 1~'1 r. 7i Irl1 , L ,,{l l r ,I ! I. V I }rlt {I,II j ~i .I I . ll . 1N' i n , I} , Illl i j' `{li Il IN. •:j li! t I } `i 1• t ~ 1 ~ ; ' , i' ~ MIN '•1 i 1 I r_r 1 4 'I 1 1~ Y I 1 1 1 ' f utI rs '~I 4r Illi ' + 1ILI 'll (n+I ' r I I' I I I } yH l~ j: • f3L•WAnC Of! DbN i LET Lbl}IpMFN t r.. I 11. 0 • 32 x CJ 0 a nda Na.__=LQ_03 _ f agenda Item AGENDA INFORMATION SHEET AGENDA DATE: November 3,1998 , DEPARTMENT: General government CM/DCM/ACM: Rick Svchin, Deputy City Manager SIIB)FUt A resolution to declare the intent to reimburse expenditures frum unreserved fund balance of the general fund with general obligations bonds; and providing an effective data VACKGROUND: in August of last year, staff recommended to the Oversight Committee that they consider using the Mills Road bond money to make improvements to Ma) hill road instead. Ws is based on the agreement with DISD that they would close the rear or back entrance to Ryan Iligh School and build a new entrance through their Central Services complex to Ryan. Council reviewed that information in December of last year and directed the staff to move forµard. On April 21" of this year council entered into an lnterlocal agreement whereby DISD and the City would jointly fund improvements to Mayhill. Those improvements would rebuild the McKinney Street intersection and run north past the district's new Central Services building at Mills Road. [lids have been received on the project, We will be able to make all of the improvements past the central services complex. Future extension to the north and ultimate connection of Ma) hill Road to Loop 288 Hill be accomplished in the connector funding that is in the last sale of bonds which will occur in Starch of 1999. Since its of the utmost importance that the imprmcnients to Mayhill be finished as the District moves into the central services complex, the staff has moved ahead with the design and bidding of this project I his reimbursement resolution would allow us to award the bids now prior lathe sale of the hands in March, We would use operating capital to fund the project until the bonds are fold in March and then reimburse our operating funds with the bonds that are sold. OPTIONS; 1. Approve the reimbursement resolution, award the contract and begin construction now. . 2. Delay the bid and construction and wait until the bonds are sold in Starch REC O M NUS 1TIOLNS: Staff recommends approval of the reimbursement resolution and a+eard of the bid so that construction can begin now, TES IMATEU SCIIEDU E OF PROJEC'Tt If the resolution and the bid are awarded we { would expect the project to begin by the end November with a comp[-.,lion date in the spring of • next year. 0 • ` 25 f~ 32 x I Q l LL ~1- S' I w y' Ar I ' r 1 I r t , men" 0 a .alb F1 ' ..,ti .r, 1. ......3.~ 4 . h PRIOR ACTION/REVIEW (Council, Boards. f'gmmj;slonli , As mentioned Council approved the rescheduling of bond money from Mills to Mayhill In December and then entered into the Interlocal agreement with the District in April FLSCA4 INFORMATION, The March bond sale of next year has $300,000 worth of city bonds for the improvements to Mayhlll and the intcriocal agrcement provides an additional $377,670 from the school district, ,S. BID INFORMATION: (if Applicable) hIM (If Applicable) Respectfully submitted: Rick Svehla Deputy City Manager I I Mo I I t i 12 -S x. 10 32JO t .r r f ' Q i g,r t~~ , 4 kid P -Akt." wr. _ CfTYOFDENTON, TEXAS at$,L y_ Wast Denton T.,- ?U014240) 349-8301 OFFICE OF THE CITY MANAGER MEMORANDUM DATE; October 30, 1998 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: REIMB%IRSEMENT RESOLUPON FOR THE MAYHILL ROAD PROJECT Attached is a reimbursement resolution for the Mayhill Road project. Council may remember that In August of 1997 the Oversight Committee recommended that we use the Mills Road money to help rebuild Mayhill Road In conjunction with DISD, Later that year In December the Council agreed with that recommendation and told the staff to move forward, In April of this year, the Council approved an interlocal agreement to use additional funding from the school district In the amount of $377,870 to make Improvements to Mayhill from McKinney Street to Mills Road, if possible, The bids have come in we will fall a little bit short of Mills Road, but we will be able to build a four lane fecllity from north of the DISD Central Services complex south to the McKinney Street intersectlon. i This resolution would allow us to award the bid now and then to reimburse operating ♦ funds with the bonds funds when they are sold In March. " If you he a any q-,astions, please call me at your convenience. , 7 " 4^ JVgA, Rick Svehla Deputy City Manager R&af " Atlachment Peckel October 30 Mayhill Rood proled 3 "lk,~iadnf fo hu~fify .~rria" ' i r WIG. 2ti x ❑ 32X Nrdi JI + r { ' %WWOM { C x: AGENDA INFORMATION SHEET AGENDA DATE: April 21, 1998 -~tt DEPARTMENT: City Manager's Omce C,MJDCM/ACM: Rick Svehla, Deputy City Manager SUBJECT l l Consider adoption of an ordinance authorizing the Mayor to see sign an interlocal cooperation agreement for road Improvements between the City and Denton Independent School District to provide for widening of Mayhill Road from Milli Road to McKinney Street and related improvements. BACKGROUND r In December the concept of changing the CIP Project on Mills Road to improvements on Mayhill Road was discussed with the Council. These improvements would be made in conjunction with DISD Improvements for their central services complex, The agreement would provide for the District providing approximately S377,000 for improvements to Mayhill Road to be used in conjunction with the CIP Mills Road project money. ESTIMATED SCHEDULE OF PROJECT Construction of improvement will begin this summer and f:nlsb sometime in early spring. ' PRIOR ACTIONIREVIEW iCouocil. Bands. Commfeslonsl The Oversight Committee recommended this to the Council In their August 7, 1998 meeting by unanimous decision. FISCAL INFORMA T ION NIA r DID INFORM 10 This project will iN! bid later this summer. • ErXHIBI t t 1 Backup memo, Council minutes and backup, plus the minutes from the Oversight Committee RespecttLll submitted: 74 Rick Svehla « < 1 Deputy City Manager s i 4 r ti` r 0 t CITY OF DENTON, TEXAS _ 216 E. McKinney Street, canton, Texas 71741 (410)l144307 ' Office of the City Manager MEMORANDUM ? DATE: April 10, 1998 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: INTERLOCAL AGREEMENT WITH DISD FOR THE NEW SERVICE CENTER PROJECT List December we talked to you about this project and the possibility of switching CiP money from the Mills Road project to Improvements on Mayhill. The Council agreed with staff and approved this concept on December 16in, Attached Is an Interlocal agreement between the City and the School District in which the District agrees to pay us a total of $377,670 for the District's portion of the improvements to Mayhill Road. Approving this ordinance would complete all of the requirements for funding, and completion of the project within the next year. If Council has any questions I will be happy to try and answer them for you. ' r Rick Svehla Deputy City Manager RS:af D Attachment • ti! CC April 10 0150 Service Center , 2$5 10 10 0 o I Aoenda No %o' X '0 . Agenda Morn 214- CITY OF DENTON, TEXAS! MUNICIPAL SUILDING DENTON, TEXAS 76201 TELEPHONE 1617) 566.6307 1 Olliee of the City Manager MEMORANDUM DATE; December 12, 1997 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: DISD's SERVICE CENTER PROJECT This fell we began to have discussions with the Denton independent School District about their new service center annex on Mayhill Road, The Clstrict has plans to move their service center from Linden Street to the area west of Ryan High School. Originally the Service Center was proposed to go northwest of Ryan with its main access on Mills Road. Consequently, In the 1998 bond Issue, we Included a project to Improve Mills Road from the school entrance on Mills to the intersection of Mills and Mayhill Road. Since that time the District has bought different property that faces Mayhill. In their platting process the District and city officials talked about the possibility of building the service annex and also making a connection from the annex area to Ryan High School, Council may remember that besides the Mills Road improvements we also 0 have money in the bond Issue to build a connection from Loop 288 to Mayhill Road north of Mills Road. Between this project and the Mills Road project we were going to have a second entrance to Ryan. Since the District is now t; 'klnq about making a connection from their annex entrance on Mayhill to Ryan High School, we have in effect moved the second entrance south of Mills Road and right off Mayhill. We would still use the bond 0 project to make a connection between Loop 288 and Mayhill, but we would tD 0 suggest using the Mills Rosa bond money to make Improvements to Mayhill Instead, Thus, we would 8tl:l make a second entrance to Ryan but It would be further south then Mills Road, i 6 `UYYMrYIYY .Y Y•.. Y ^~d r y ~i l ~rrwar _ r , p i Y. a p ss.n~rw..wu::✓1.._«., a.a:.i.+.wr......: ..l_l.. _1 . Memo to Mayor and Council Members y December 12, 1997 Page 2 , In August of this year, the Oversight Committee reviewed this same information and recommended to you that we move the Mills' road money to improvements for Mayhill; thus, accommodate the Districts' Improvements d to their service center annex and begin to provide a second entrance to Ryan Road. Staff recommended this to the Oversight Committee in August and it still seems to be a very viable and important project. The improvements to s Mayhill could be done using the Mills Road money and we would design and make those sometime in the summer or fall of 1998. This would match up the DISD's schedule and allow access via McKinney Street and Mayhill Road. The following year we would begin construction of the connection between Loop 288 end Mayhill. Ultimately we would have a way to take traffic off of Loop 288 north of the McKinney Street intersection take them to the east of Meyhltl then south to the second entrance to Ryan High School. If Council has further questions, I will be happy and try to answer them at your convenience. i RI k SveLle ~ Deputy City Manager r i • RS;af Attachments t a,,1 1 4K I , , 10 0 s 0 I DENTON INDEPENDENT SCHOOL DISTfUCT Service Center Annex 909 Linden, Denton, TX 76201 Phone(940)387-4031 Fax(940)382.9537 MEMORANDUM SFp September 12, 1997 ` 9 b,9N . NAO fiRS a~ T0: Rick Svehla, Deputy City Manager u~ FR Norman T. Sisk, Executive Director of Operations l~ II RE: New Service Center Annex and Northwest Exit to Mills Road The City of Denton 1996 CIP budget included funds to improve the Mills road access to accommodate the Denton I S.D's new service center, 1 am requesting your consideration of a change in the allocation of these funds. Originally the new Denton LS.D, service center was to be constructed on the northwest corner of the Ryan Ngh School property, requiring Improvements to Mills Road. These Improvements were to be a joint venture between the City and the District A recent District property acquisition on Mayhill Road to house the service center I facility has altered out plans for those improvements to Mills toad, However, improvements to Mayhill Road will certainly need to occur, The District has addressed Improvements to Msyhill Road in our planning sessions with the City, Our current site plan (attached) calls for a thirty (30) root roadway which will connect the service center property to the Ryas tract. This roadway will be used for all school bus traffic originating from the transportation facility, This roadway would Also provide another parent/student access to and From Silly Ryan High School. Should the City accept this proposal, the District would eliminate the current northwest exit from the Ryan property, The rorth side of this property adjacent to Mills Road would be fenced and no accesshp, ess would be allowed, l I These changes would benefit the Dist.ct, City, and most of all the citizens who reside on Mayhili Road. Please consider this proposal at your earliest 0 convenience, The new service center will be bid Octoba 10. 1997. t will supply any additional information you may require, 1 0 r, mMrwx~ , r U mss Q 06 I AL- I - - _o I I - p • I ~ 1 I j STS PLAN i 3 ~ fi 5 i€TM`~a~~ i mkmn 2 x10 32xl[a1 Q~ i 14 1. 1 1 1996 OVERSIGHT COMMITTEE MINUTES August 7, 1997 11:00 a.m. I The committee convened at 11:00 a.m. in the Human Resources Conference Room at the Denton Municipal Complex. The committee members present were Joe Mulroy, Roni Beasley, Terry Schertz, Jesse Coffey, Margaret Smith, Brent Thornton, Rick Svehla, Kathy DuBose, Jill Jordan, Ed Hodney, Kristin Newman, and Kathy Brooks. A. MINUTES 1) 07/07/97 Committee Meeting r d Approved with no additional discussion 4\ I' B. ITEMS FOR CONSIDERATION 11 Bond Sales for Remaining CIP Ric,r Svehla overviewed. The committee agreed chef any specific questions should go to Ed Hodney In writon form prior to the mid•Septembef meeting with Baseball organizations. 2) Mills Road Protect f,.dk Svehla overviewed. LUNCH 's. C. ACTION ITEMS 1) 07/07/97 Bond Seles fc, Ramaloing CIP • Committee unanimously recommended approval for compressing the schedule. Margaret Smith moved to ' approve. Brent Thornton seconded the motion. . 21 07/07i97 Mills Aced Project t ` Committee unanimously recommended approval and agreed to try to accommodate the DISD with a loins • protect. Margaret Smith moved to approve. Brenf O • y Thornton seconded the motion. q to p 1.~ aarxs~ A , ~ 1 r .ar i. i.... ..v.~a. .i. is w -....i. ..w a.. w..V....::...«a.n..~.aa:...a.-.v..~r.. a..v..~r .-.a.-.a I~ Y S r 1998 Oversight Committee Minutes for August 7, 1997 Page 2 0. FUTURE MEETINGS 11 September 8, 1997 2) September 29, 1997 ~r 3) January 5, 1998 4) March 30, 1998 " 5) June 29, 1998 r F yy, E. OTHER BUSINESS ,uFO~se~ ` " I ' I „ ¢w '^P j Li I r - -----,k 2 5 K ICJ 32xID Mar" -W POM . CITY OF DENTON, TEXAS MUNICIPAL SOLOING OENTON, TEXAS 76201 TELEPHONE (617) 566-8,'107 Office of the Cily Manaj,er f MEMORANDUM i DATE; August 4, 1991 I TO: Oversight Committee 1 FROM: Rick Svehla, Deputy City Manager SUBJECT: MOVING UP THE BOND PROGRAM AND CONSIDERING A CHANGE IN THE MILLS ROAD PROJECT We are really excited to meet with you this time to talk about an idea that would allow us to make improvements at a faster pace, What I've Included in your packet are the last three years of the existing bond issue. The fourth and filth pages labeled "Exhibit I" show you the next two year's plus all of the projects that we are proposing to move to make it a two year program. This year In the budget, there is some one-time money available. The one-time money would allow us to make more debt service payments this coming budget year (97.98) so we can issue bonds earlier. 1. The staff and Kathy and I have made an effort to look at issues and pick projects according to ; what we're hearing the Council and the general public talk about. You will notice that we tried to push a lot of drainage projects in the 1991.98. Those seem to be the priority right now. We • also tried to look at the other areas, particularly at parks and internal servkea. In 1998.99, we've tended to took more at the transportation and park Issues. I know many or you are interested in is the use of parks facilities. Parks has obtained some new software that allows them to look at all the time slots at all of the fields. They've attempted to show you all of the games that were played, as well as the other activities that happened on the fields so that you , can get an idea of usage of the fields. o e F 12 R . I , .r3 is Y \ 1 I . C ' r V Memo to Oversight Committee August 4, 1991 x. J Page 2 i'. The other issue that we wanted to talk to you about is possibly changing the Mills Road project to a Mayhill Road project. We've been in some discussion with the school district about their latest development out rear Ryan. Many of you may know that they plan to build an " administrative office building to house their facilities management, warehouse and related facilities. They've acquired a piece or land that runs from the Ryan High School campus site back to the west and actually fronts on Mayhill. Road. They are now beginning to be concerned , about all of the traffic that will use Mayhill Road and have approached us to talk about the ; r s possibility of Improving Mayhill. Staff has reviewed that request and recommends using the rl Mills Road money to rebuild Mayhill, assuming DISD will down play and/or eliminate any entrance they have to schooa ; ropeRy oft of Mills Road. Y r 1 This will be an exciting meeting and we look forward to visiting with you about moving up the bonds aM helping DISD. If any el you have questions prior to the meetl.tg, please call me at your convenience. 1-- C Rick Svehla Deputy City Manager I F" I as d AMMMABI r I } N 4 I T I o- 17 +Y ~k Y X 10 k Nl~ • v~ u . 3 4 8 City of Denton City Council Minutes December 16. 1997 Page I1 29. The Council considered a motion to change the funding in the 1996 CIP from the Mills Road project to improvements on Mayhill Road to facilitate joint construction with the DISD. , (DISD Scrvice Center Project) Rick Svehla, Deputy City Manager, stated that the DISD planned to move their service center from Linden Street to the area west of Ryan High School. In their platting process, the District and City officials talked about the possibility of building the service annex and also making a connection from the annex area to Ryan High School. This would provide a second access to the high school rather than Mills Road. The Oversight Committee felt this was a good idea. The project would widen Mayhill to a fourdane facility and would use money from Mills Road. The District would close its access from Mills Road in order to force use of Mayhill Read. Ultimately a connector road would be built between Loop 288 and Mayhill. That would allow traffic to not have to go to McKinney Street but access this second access to Ryan before McKinney. The City would combine money with the DISD to build one project on Mayhill Road. 1J Beasley motioned, Young seconded to approve the change in funding. On roll vote, Beasley "aye", Kristoferson "eye", Cochran "aye", Duff once "aye", Young "aye", Brock "aye", and Mayor Miller"aye'. Motion carried unanimously. i 30. The Council considered nominatio&appointmenisto City's Boards and Commissions. Mayor Miller indicated that there two nominations for the Parks and Recreation Advisory Board position. On roll vote for the nomination of Martha Garcia, Beasley "aye", Kristoferson "aye", Cochran +i "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a { 6.1 vote. On roll vote for Gwendolyn Carter, Beasley "nay", Kristoferson "nay", Cochran "ray", Duffame "nay", Young "aye", Brock "nay", and Mayor Miller "nay". Motion failed with a l •6 vote. Mayor Miller nominated Teresa Starrett for the Library Board. • 31. Miscellmeous matters from the City Manager, City Manager Benavides did not have any items for Council. 32. New Business • Tho, following items were suggested by Council Members for future agendas: O • A. Mayor Pro Tem Brock asked that the home occupation ordinance be placed on a work session for discussion, ~ B, Council Member Kristoferson asked staff to explore the possibility of posting the addresses of convicted sex offenders living in Denton on the Internet. 14 - t. 75 10 32X10 . 1 :MOM • f I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN iNIEFT.OCAL COOPERA- TION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO PROVIDE FOR THE WIDENING OF MAYHILL ROAD FROM MILLS ROAD TO MCKINNEY STREET AND RELATED IM- PROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Independent School District ("District') is developing its real estate located on Mayhill Road within the limits of the Cit,F of Denton; and WHEREAS, the City's Subdivision Rules and Regulu!ions require that the District make certain improvements to Mayhill Road, including widening Mayhill Road and related drainage improvements, hereinafter referred to as the "Project"; and WHEREAS, the City has identified Mayhill Road as one on its Master T horoughfare Plan requiring certain improvements; and WHEREAS, the City and the District desire to cooperate to make improvements on May- hill Road and to complete the Project, which will involve the District providing $377,670 toward financing the Project; and WHEREAS, the City Council deems it in the public interest to approve this Interlocal Agreement; NOW, THEREFORE THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION )L That the Mayor, or in his absence, thr. Mayor Pro Tent, is hereby authorized to execute the Inter"-al Cooperation Agreement for Road Improvements between the City of Denton and the Denton Independent School District for the widening of Mayhill Road from Mills Road to McKinney Street, with related drainage improvements, substantially In the form of t n the attached Interlocal Cooperation Agreement which is made a part of this ordinance as if writ- ten word for word herein, j SECTION U. That the City Manager is hereby authorized to make the expenditures re- P quired in the Interlocal Cooperation Agreement. I SECTION III. That this ordinance shall become effective immediately upon its passage and approval, i • PASSED AND APPROVED this the day of 1999. • JACK MILLER, MAYOR i r z, 1,7 rte.; ? ti 10 32 X I O tow ~r r + , icr' ev+ ~ + 1 w WIN&= ~ A . r r + 1 ' y i i ' w ATTEST: a. JENNIFER WALTERS, CITY SECRETARY I, -3 BY: ' a' APPROVED AS TO LEGAL FORM: f! HERBERT L. PROM, CITY ATTORNEY BY: t ;x ~ I i ~.~aµaa.a~..awer.w"m .ir i ~ yr • I 4 l q r 4 ] I 4 ' E 1C 16 j 0 0 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a political subdivision of the state or Texas, hereinafter referred to as "City" and the Denton Independent School Distr.'.; a political subdivision of the Stale of Tex", hereinafter referred to u "District" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project." WHEREAS, the District is developing its red estate located on Mayhill Road within the limits of the City; and WHEREAS, the City's Subdivision Rules and Regulations require that the District make certain improvements to Mayhill Road, including widening Mayhill Road and drainage improvements, hereinafter referred to as the Project; and WHEREAS, the City has identified Mayhill Road as one on its Master Thoroughfare Plan, requiring certain improvements; and WHEREAS, City and District value the early completion of the Project; and WHEREAS, City and District mutually desire to be subject to the provisions of V,T,C.A., Government code, chapter 791, the Interlocal Cooperation Act; and WHEREAS, both City and District are governmental bodies with the authority to perform the services set forth in this Agreement individually and in accordtutce with TEX. GOVT CODE ann. §791.01 1(cX2); and A WHEREAS, the District will make all payments for services out of available current revenues and the City agrees that the payment and other consideration given by District , hereunder will fairly compensate it for the services performed; and WHEREAS, City desires the participation of District to the Project as authorized by law; NOW, THEREFORE, it is mutually agreed by the parties hereto is follows; The term of this Agreement shall commence on March i, 1998, and shall end Much 31, 1999, unless sooner terminated as provided in the succeeding provisions hereof. 17 32XIO i 0 I I I I II. . The Project is described as follows: in the City of Denton, Texas, widening of Mayhill Road from Mills Road to McKinney Street, including drainage improvements, as required by the j City's Subdivision Rules and Regulations, and including all surveying, engineering, and construction. It is expressly agreed and understood that all of District's obligations pertaining to Mayhill Road improvements with relationship to the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project. Ill. k t J Pursuant to V.T.C•A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain govemmental functions and services in the area of streets and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services indiviJually. iv. In consideration of the City's performance of the obligations set forth herein, as evidenced by the signature of the District's representative below, the governing body of the District by the execution of and approval of this Agreement approves of and agrees to the ~ expenditure of District money to participate in or to fund three hundred seventy-seven thousand six hundred seventy dollars ($317,670.00) toward financing the improvement of a street that is located in the City under the Project described in Section 11 above. t V. In performance of this Agreement, City agrees to assume responsibility for securing all i necessary surveying, engineering, and construcHoo services related to the Project. City further I agrees that it shall be solely responsible for securing all necessary surveying, engineering, and d construction services related to the Project. City further agrees that it shall be solely responsible for payment of all expensea related to completion of the Project. City shall seek reimbursement for expenses related to the completion of the Project from District as set forth below, I I V1. • As City proceeds in the completion of the Project, it shall submit o Mr. Curtis Martin, at O 909 Linden, Denton, Texas 76201, invoices by the last day of the month for reimbursement, and District shall reimburse City for all expenditures related to this Project within ten (10) days of receipt of these invoices. Attached to this Agreement is a certification by the District shat the District has the sum of three hundred seventy-seven thousand six hundred seventy dollars (5371,670.00) &1 aside and approved by the District's Schr-,l Board to be expended for the Project that is thi subject of this Agreement. Reimbursement from District to City shall not is f 1, -W-oo," -1-0 6. 32x t AI a e , 0 exceed the sum of three hundred seventy-seven thousand six hundred seventy dollars ($377,670.00). VII. In performance of this Agreement, District agrees to assist City in expediting the completion of the Project. If, as construction of the Project proceeds, City determines it prudent ra close Mayhill Road, District consents to the closure. In further performance of this Agreement, District agrees to reimburse City, from its current revenues, a sum not to exceed that stated above. t, P Vlll. This Agreement may be terminated in whole or in part by District or City upon thirty (30) days' written notice to the other party setting forth a subst mial failure by the defaulting party to fulfill its obligations under this Agreement through no 1. --It of the terminating party. Provided, however, that no such termination may be affected unless the defaulting party is given (l) written notice deh *xed by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform; (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of !ermination by the District, District shall reimburse City fo: all invoices submitted up to and including the date of termination. Notices shall be directed as follows: CITY DISTRICT r Ted Benavides lean 5chaake City Manager President, Board of Trustees City of Denton Denton Independent School District 215 East McKinney P. 0. Box 2387 Denton, Texas 76201 Denton, Texas 76202 1X. The covenants, conditions, and terms hereof are to ba construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. '(be parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton, Denton County, Texas. • X. ~ Q • This writing is intended by the panics as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This Agreement can be 1 modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. . I t ~ 19 1 h; 1 r~ K, 32xIQ ' 0 t, i XI. This Agreement is not intended to extend the liability of the parties beyond that provided by law, Neither District nor City waives, nor shall be deemed hereby to waive, any immunity or I defense that would otherwise be available to it against claims arising by third parties, including, without limitation, the defense of governmental immunity. XII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have 'he necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this [beday of ~ 1998. DISTRIC f CITY Denton Independent School District City of Denton, Texas P.O. Box 2387 215 East McKinney Denton, Texas 76202 Denton, Texas 76201 1 i. r , ace, BY: Jean Schaake Jac l~f l^ fr President of the Board of Trustees MaW of the Denton Independent School District ATTEST: ATTEST: , 0 Jennifer Walters, City Secretary BY: BY: 20 2,5 K 10 32X10 jl I ~ ~y!, ~ 1t la4'iN D t 1 O ` ! Sri y; (.I r, S, APPROVED Ai TO FORM: APPROVED AS TO FORM! DSSD Attorney Herbert L. Prouty, City Attorney BY; BY: I k. I'l !y , r~r fit Y 1 E S ~i r ~ !f o tlRlil ~1+LIM~eddeq'lflt7,+glelmlaYfiwnte DlSdMryMll~ibn almtl b! , 'l}i•~'i~ r! 3 1J i J~^ ~b , A f + j it ,Y e{ ~ A en s% 21 rr;, r~ ~ n I ^5 x 10 32xI11!' LAI" e 0 I F:bhued d,pt' LOL Our DocumedCAeeuAdione'9S hle~hilI Aeimrvne Aa d-< F.ESOLUTION NO. A RES0'_,UTtON TO DrCLAItE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND 3ALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS, AND JIR.OVIDTNG AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/politictl I, ~Jivision of the Stale of Texas, and WHEREAS, the Issuer expects to pay expenditures in connection with the widening of Mayhill Road from Mills Road to McKinney Street as 6escribed in Exhibit "A" attached hereto (the "Project"), which Exhibit "A" is attached hereto and made a part of this resolution for all r' purposes, prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and decLres that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent w'th the Iawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THFREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: $ )IQN I; That the Issuer reasonably expects to incur deb;, as one or mere series of obligations, with an aggregate maximum principal amount equal to $300,000 for the purpose of paying the costs of the Project, as set forth in the attached Exhibit "A". S_LLCT'10 ' 1: That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by Cne Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the exp-•uditures are paid, or (2) the date on which the property, with respect to which such exp-ndihtres were made, i3 placed in service. _$_ECTIONfli: That the fur-going notw7thstauding, no lax-exempt obligation will be i Issu(•d put suant to this resolution more than three years after the date any expenditure which is to • be icimbursed is paid t 1 S [ON lY That this resolution shall become effective immediately upon its pas3age and approval. PASSED AND APPROVED this the ` day of 1998 )ACK MILLER, MAYOR i 22 32 X 10 1 e i . I ~I. I , Y 11 5L W ~ , A I ` I. v. Iv H Y . L 1,T nW: J4 W.,Y. M1, .MiR I.AJ ~ v..... Y 'vim u•.• ,v.>.. ~ a J. F.4hvoddeq~LpL'Qu DoMmeme'RefoluliunP9t''Mgfiill Reiftlmm RaON ATTEST: s JENNIFER WALTERS, CITY SECRETARY R BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: f E + r > I 1 f t , I ~ / +'i~ III ii Y I @k ~ t a r 1~ J 23 1 ter. Y rt^ '_7 , I lr k"~~J J 26 x 10. ^IYV `a 1 .h~~~+ll 32 X ~ ~ . 1 i e Gnaw* EXHIBIT "A" t PROJECT: The widening of Mayhill Road from McKinney Street north to 400 feet south of Mills Road, a Vane curbed and guttered street. Drainage improvements as required by the City's Subdivision Rules and Regulations will be included in the r; project, as well as all necessary surveying, engineering, and a, construction. r The City has entered into an interlocal agreement with the Denton Independent School District for the completion rr his project, The DISD will provide $377,000 of the funding rds project, and the City will provide $300,000. On August 7, 1998, the Oversight Committee recommended the use of funds designated for the Milis Road project in the general obligation bands to be sold in fiscal year 1998-99 (Project No. 001097). The City Council approved the use of these funds on April 21, 1998. TOTAL 9300,000 , i 1 24 2r))(10 32 X10 ONES= 0 0 AGENDA INFORMATION SHEET dgentla Item AGENDA DATE- November 3,1998 Questions concerning this acquisition maybe directed DEPARTMENT: Finance - Purchasing to Rick Svehla 349.8307 ACM: Kathy DuBose, 349.8228 SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR MAYHILL ROAD PAVING AND DRAINAGE IN THE AMOUNT OF $632,149.84; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID o 2283 - MAYHILL ROAD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION IN THE AMOUNT OF $632,149.84). BACKGROUND: Tabulation Sheet RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Jagoe Public Construclion in the amount of $632,149.84. ESTIMATED SCHEDULE OF PROJECT: The estimated schedule for completion of the project is 90 workdays after notice to proceed or approximately mid February 1999. FISCAL INFORMATION: Funding for this project will be available from funds approved in the Reimbursement Resolution of November 3, 1998, l A 1 BID INFORMATION: , The Maybill Road Paving and Drainage project as bid will reconstruct Mayhill Road between McKinney Street and Mills Road as a 45 foot wide street with curb and gutter and underground drainage. I The original bid price offered by Jagoe Public was $680,212.23. To bring the project 0 within available funds a nuro+er of deletions and reductions were agreed upon by the City JV engineers and the contractor reducing the total price to $632,149.84. The contractor has agreed to these changes and we do not feel the changes will negatively effect the project. 1 i I~ E s . 0 1 AGENDA INFORMATION SHEET NOVEMBER 3,1999 PAGE 2 OF 2 Respectfully submitted: a: Name: Tom Shaw, C.P.M., 349-7100 i, Title: Purchasing Agent Attachment 41: Tabulation Sheet 1129 AGENDA i , r i ` 1 4 j f Wn1 e l 2 h • awe r, 0 l ATTACHMENT#' TABULATION SHt T x BID 9 2203 d: DBR IRJ JAOOE RENAISSANCE BID NAME MAYRILL ROAD PAVING B DFWNAOE CONIT. PAVING PUBLIC CONST. u' DATE 134ot4$ 9'' R o n d 3 7 ESCRIPTN7N 'c L VENDOR ; Lj- NDOR ` PROPOSAL TOTAL $714.934.70 $1,011,141.21 712.93 7}193 !33.00 ADDENDUM YES YES YES YES I i BID BOND YES YES YES YES i i r € 1 3 o VERO" o , rawww ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD , OF A PUBLIC WORKS CONTRACT FOR MAYHILL ROAD PAVING AND DRAINAGE IN THE AMOUNT OF 5632,149.84; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2283 - MAYIIILL ROAD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION IN THE AMOUNT OF $632,149.84). WHEREAS, the City his solicited, received and tabulated competitive '-;L for the construction of public works or it iprovements it accordaice with the proce.ures of STA i E la:v and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 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 NUMBE CONTRACTOR AMO 2283 JAGOE PUBLIC CONSTRUCTION $632,149.84 SECTIQN 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 o public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate alter notification of the award of the bid. j 4 ----cam ,ps... f 10 32 X 0 s aarac , c I j MEWANIM SECTION III. That the City Manager is hereby authorized to execute all necessary writun contracts for the performance of the construction of the public works or improvements in accordance with tha bids accepted and approved herein, provided that such contracts are made in accordance with fl.. Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 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 marr,ar and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 0 HERBERT L. PROLriY, CITY ATTORNEY ? BY:_, f 2283 MAa'HILL ROAD YAVINO &MAINAOE.ORDINANCE i 5 I • i o , w.a.,ea. I o - i . , , v a,..r? RR. ✓ 4'YN,1 )\il' tl li:lR::.. +w,Y. SUPPLEMENTAL EMERGENCY AC3NDA CITY OF DENTON CITY COUNCIL NOVEMBER 3, 1998 .R, The following emergency item is hereby added to the Tuesday, November 3, 1998 City Council z meeting, which will begin at 6:00 p.m. in the Council Chambers of City Hall, 215 East Y McKinney Street, Denton, Texas: t 35. A resolution opposing and authorizing the Mayor to write a letter protesting the proposed air quality permit applied for by Marock Incorporated for an asphalUconcrete plant at Masch Branch Road before the Texas Natural Resource Conservation Commission, and declaring an effective date. The nature of the emergency is as follows: An air quality permit for an asphaiVcuncrete plant has been applied for by Marock Incorporated al Masch Branch Road and Hampton Drive, and the deadline for •eceiving comments from concerned citizens is November 5, 1998 to the Texas Natural Resource Conservation Commission in Austin. The asphalt/concrete plant ct Masch Branch Road and Hampton Drive will create an eminent threat to public health and safety, due to the increased truck traffic on Masch Branch Road, the proximity of the Ranch Estates and other residential neighborhoods near this location, the proximity of Denton County's tract to the location, the threat to health and safety that cmiFsions of carbon dioxide gas and other pollutants will pose to the County workers assigned to he County's future Road and Bridge Facility, the detrimental impact such plant's emissions may have on the U,S. Env'nonmental Protection Agency's decision whether to move Denton County into a serious non-attainment area, and the threat emissions from the plant may have to ground water. This item could uo! have reasonably been anticipated, because only today at their meeting did the County Commissioners Court pass a resolution or order opposing the batch plant and authorizing the writing or & letter in opposition to the Texas Natural Resource Conservation Commission and requested assistance from the City Council of the City of Denton in opposing the air quality permit. The November 3, 1998 meeting is the only meeting of the City Council before the November 5, 1998 comment deadline CERTIFICATE I ccrtily that the above notice of meeting was posted on th bulletin board at the_City Hall of the v-e Denton, Texas, on the 3~^ day of _~,,tl14~ 1998 at6Zstf~_ o'clock (a.m.) m. ~ C SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITII THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF ~-i ?t; '10 32Xia i E . 6 wsr,':, % •i •1 ♦ I City of Dcnlon City Council Agenda NoN ember 3, 1998 Page 2 REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. r, ;IY PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800• RELAY•TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH WE CITY SECRETARY'S OFFICE. I r 1 i I • r '1. ,f 25 x 32 x ❑ 61, A ' A JEFF KRUEGER (t* SCOTT ARMEY ratONCT I SANDY IACOBS DON HILL MONO I IRIONCT s DENTON COUNTY COMMISSIONERS COURT I )UDGE JEFF MOSELEY s November 3, 19x18 Chief Clerk's Of ice, Mc-105 T.N.R.C.C. ` Poet Wee Box 13087 Austin, Texas 78711.3087 Re: T.N R.C.C. Air Quality Permit No, 39266 Dear Chief Clerk: Denton County hereby requests a Public Haring to Denton County on the above referenced air quality permit application submitted by Marock Tncorportted. Denton County joins the City of Denton in opposing the issuance of this pernut. The emissions will adversely aHhct the use of Denton f--oonty's bed adjacent to the proposed site of the cep,'' cenl'e asphalt/concr'>te plant. Denton County is currently being reviewed by the U.S.Crivironmental Protection Agency to be moved into a serious non-attainment area. The emissions of carbon dioxide gaa and other pollutants will pose a threat to the health and safty of the County workers assigned to our future Road do Bridge Facility, Additionally, the plant poses a threat to ground water and the truck traft,e from the proposal plant will adversely impact the roads and safety or the residents of the area, The County's property Is locatrd directly to the north of the proposed plant on Masch Branch Road. Thank you ror your time and attention to this matter, Sincerely, MOS ...BY Co t Judge x I c: Mary Denny, State Representative ' • Tom Jlaywood, State Senator r O ' Jack Miller, Mayor arthe City of Denton r r \ w COUITHOUS1 ON THt SQUAat 119 w. WXXDkr DENTON rE1W ra:of (J"SE516 1 (bgTts4111' FAX (110ITU tS 4,`` 2.5 K !a .t 32Xln NOW sees ~ ' 4 0 i I • I I I i ~ i NOV-04-98 03s45A P.02 I I I Resolution m ISSUANCE OF I TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT NO.39261 ` The Caatrissmra Cwt of Dmlm Caasy, Tarr mestitS in a spatial surian oo tla 3rd dy d Now=ba. 1998 considered the fdbwiry resolution: WHEREAS, Donau County isthe ownw da "d d reel praperty k edW on Masch Fkrrrch Rod; and r WHEREAS. Muock hwwpmvW is dw owns of an adjawd red of real estate upon which Maock ° r htonp AW proposes to an*vd and operate m "Vomerde plot ad has miamted m Wowa km to the Tenn Natwal Reiss Consavstion Catmi,sim foe m An QtWiq Pamit No. 39266; and I WHEREAS, Dawn Cm* is etnmdy beird reviewed by the 11.9. Faviraartasd Protftdm Apncy to be nwved into a serious noes drd mt aw rtd WHEREAS, ttt Donlon Casty Cxnnieimm bdicte dicgwd on of said plant wih row k in the endwkty dcrbon dioxide 8a and other polut4w which wil' pose a thew to & health and eddy c(dw County when ndpvd boor 11n.e Rod a 131ridpo Pastry. Add6arily, the pnpowd plmt wW pan a that b panel water and tk truck tralCra IFom the proposd plan) will advaxly nrpad the roads td sdaN ddnr nsridartta dths eats. Nt,W T HILREFORE, DE IT RESOLVED, that it Vasm Cm* Caaetraimen Cast Dentin Canty, Taus opposes die i"umm d the Aid Qualily Pamir No 79266 to Mask kwmponled by the Taw Netwid Remm Concrvstion Camniasiort. I DONE IN OPLStY COURT, this the 3rd dry of Novmtber, 19" Ww motion by J t by N 11 and . _ Member d the Carl htvu pesau sM n8 • eye. ary MOSELEY,COUNTYJODOE I r JEFF KRIILGLR, COMMIS81ONLR SA p ACODB,COMMIti61OaHER PRLC Y 4 C7 + • I ►RLCINCTT WOWARMLY,COMMISSIONER HILL, COMWL'W1CNf1jk y PRECINCT "SCO TS ti ATnW: ttM ItO at Ckrk ' ~ sad Ea-0FRffk1@ eM C%r% rh df6e 0 ~ CMebsloaen Caa81 of Dale Carty, Taw DY: PAP 32'X A. ' O AML 1~ nV.:61V4,01 luiddi Vtl 4101PYt •a HUBBELL NEWWSNr Page e OCT-48-9e 03106 PM P.02 HAND6UT TO COQNC& 19810 " f RK MANUFACTURING, INC. CAimI Plastics Into Pmdocty . October, 28. l"a Funk Meeino Ruawl Newnw Denton. TX Dear Mr, Martno: Pet your srtqueet. I am andowng ruocot wW ineullatwn prondura for our Grae 'Vftvn product for your pelting lot applknial. For It arl 11 IM rurrouI4n j your peal crew, we reeemmend our bark Inaledell e. 71 itut atim begins by *pMag I % iabw of muoery and as It lewing bate on top of your rxieting tubtail. Artmlrblr the pavers on top of the rand layer end All the bawyeomb sb*W alb wish sandy br'n roil ahd seed fa a gna eurAu, Pw greve4 can be eubetituted fLr the candy lam emJ for gnat puking are. Both of these 111e1ellali4nl will ptoroote waUt percoLGm to the roar eyetern Ohm perm trop ad will support automotive and pedestrian traffie. We would not noamtwod it computed rod be.w bar wtlt the qnd lays. TW dww layer It a x mmury Ibr a thWIII pa"& am and nay ram rid water percastion. We ahlo marwAtdttn wltka WV trArk 1111911911111111 Clip 11114 0411 to delineate Pali epacw. if you have htrdtet queetionn about the imraBuialt pmeedum. plow give nw a tall, Wi l vit forward y working with you as thb project. Thank you for your Inquiry. Sm Wely. Steve Jah Ion Wee Cast Mruger•Porow Pecan Still and Marketing HSJrja 1 IN I IliyhluaJ Cnlury RI AWUy 14157 . MAI Arnlw Box 1710 I Ridgelttnd. missmlppi 1415X•1119 ; TI WII0,17-.1.1RK I1m))4 -.MK t fuxtMI1101.3577 B W.MJW;at%*rkndpCum cmuil: rAntfr V ml lnaf.rom s D.?arw"~T1'K 1f i?f? 4P 14 ' ° ~i r,~w `;i¢'d+~r,x x.75 [ 32x h4 e i .ter r r 1 N~ROO+ t r 1 V FILL HONEYCOMB CELLS WITH SA14DY LOAM SOIL AND SEED FOR GRASS SURFACE 1- 3/4 ""GRASSY- PAVERS" °do'~ ao °°p0•°°op0°°pOOO°O eoo_oooo°oo?°°°ooooooo° op° MASONARY SANG , ON EXISTING SUBSOIL RK MANUFACTURING, INC. • "GRASSY-PAVERS" (or equal) DETAIL N.T.S. ij, 9 C.1 32XI❑ 10