HomeMy WebLinkAboutMay 6, 2008 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
May 6, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, May 6, 2008 at 5:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
consi ere
1. Requests for clarification of agenda items listed on the agenda for May 6, 2008.
2. Receive a report, hold a discussion, and give staff direction regarding the proposed 2008
Action Plan for Housing and Community Development.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. DELIBERATIONS REGARDING REAL PROPERTY - Under Texas
Government Code Section 551.072.
1. Discuss, deliberate, and receive information from Staff, and provide Staff
with direction, pertaining to the possible location of, the purchase price of,
and valuation issues respecting the possible acquisition of an approximate
two-and-a-half (2.5) acre tract of real property by the City of Denton,
Texas/City of Denton Municipal Utilities Department for a public
purpose; which real property lies within the Asa Hickman Survey,
Abstract No. 521, City of Denton, Denton County, Texas, and is located
East of the Kansas City Southern Railway, South of the Denia Park area.
B. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Consult with the City's attorneys to discuss legal issues associated with city's biodiesel program.
C. Deliberation regarding personnel matters -Under Texas Government Code
Section 551.074.
1. Consideration of the appointment and employment of an Interim City
Attorney.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
City of Denton City Council Agenda
May 6, 2008
Page 2
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET
S~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council on Tuesday, May 6, 2008 at 6:30 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following
items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag/Texas Flag
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Resolution of Appreciation for Martha Edmundson
2. Presentation of the GFOA -Distinguished Budget Award and recognition
of staff members.
3. Recognition of Gary P. Hayes Memorial Award presented to Denton
Police Chief Roy Minter, Jr.
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes
the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - 0). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - 0 below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of 69kV and 13 8kV instrument transformers for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
City of Denton City Council Agenda
May 6, 2008
Page 3
an effective date (Bid 3981-Purchase of 69kV and 138kV Instrument
Transformers awarded to the lowest responsible bidder meeting specification for
each line item in the total initial expenditure amount of $119,401 for identified
substation project requirements). The Public Utilities Board recommends
approval (4-0).
B. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of gang operated air break switches for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3983-Annual Contract for the Purchase of Gang Operated
Air Break Switches awarded to the lowest responsible bidder meeting
specification for each line item total estimated annual expenditure amount of
$110,000). The Public Utilities Board recommends approval (4-0).
C. Consider adoption of an ordinance authorizing the City Manager to execute
change order number one to the contract between the City of Denton and Jagoe-
Public Company; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3708-Change Order Number One for an additional one year
term in the estimated amount of $1,875,000).
D. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Houston-
Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing
Network for the acquisition of five vehicles for the City of Denton Solid Waste
Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4031-Interlocal Agreement for the purchase of
Solid Waste Vehicles awarded to multiple vendors as listed on Exhibit A in the
amount of $574,321.42). The Public Utilities Board recommends approval (4-0).
E. Consider adoption of an ordinance authorizing the financing of fleet vehicles for
the City of Denton Solid Waste Department through a lease purchase financing
agreement; providing for the expenditure of funds therefor; and providing an
effective date (File 4012-Third Party Lease Purchase of Vehicles, approximate
finance charges of $48,846 for 60 months).
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a professional services agreement for engineering
services in support of the City's capital improvement plan related to approved
electrical power system construction projects for Denton Municipal Electric with
Ballard CLC (in an amount not-to-exceed $150,000); providing for retroactive
approval; authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommends approval (4-0).
G. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Roselawn Drive 24-Inch Water
Line; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3971-Roselawn 24-Inch Water Line awarded to the lowest responsible
bidder meeting specification, Fox Contractors Inc., in the amount of
$1,104,582.64). The Public Utilities Board recommends approval (4-0).
City of Denton City Council Agenda
May 6, 2008
Page 4
H. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the repainting of the High School Elevated Water Tank;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3945-High School Water Tower Repaint awarded to the lowest responsible
bidder meeting specification, J.R. Stelzer Company, in the amount of $949,467). The Public Utilities Board recommends approval (4-0).
I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to American Electric Power (AEP) for providing energy
transmission services to the City of Denton; and providing an effective date (File
4015-2009 Electrical Energy Transmission Fees-American Electric Power in the
total amount of $105,911). The Public Utilities Board recommends approval
(4-0).
J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to Lower Colorado River Authority (LCRA) for providing
energy transmission services to the City of Denton; and providing an effective
date (File 4016-2009 Electrical Energy Transmission Fees-Lower Colorado
River Authority in the total amount of $651,762). The Public Utilities Board
recommends approval (4-0).
K. Consider adoption of an ordinance of the City of Denton Texas, approving an
interlocal agreement between the city of Denton and the Denton County
Transportation Authority (DCTA) for the construction and purchase of the
Downtown Denton Transit Center, and declaring an effective date. The Mobility
Committee recommends approval (2-0).
L. Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, the 2nd Annual Summer Showdown, sponsored by the North
Texas State Fair Association located at 2217 N. Carroll Blvd. The event is to be
held on Saturday, June 14, 2008, beginning at 9:00 a.m. and concluding at 1:00
a.m. The exception is specifically requested for extension of the hours of
operation for amplified sound.
M. Consider a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The celebration is sponsored by the Juneteenth Committee. The
event will be located in the Fred Moore Park on Friday, June 20, 2008, beginning
at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 21, 2008,
beginning at 11:00 a.m. and concluding at midnight. In addition, this year the
event will also include live music concerts in the park on Saturday, June 14th and
June 28th from 6:00 p.m. until 11:00 p.m. This request is for an exception to the
hours of operation and for an increase in sound decibels to 75 decibels for each
evening concert.
City of Denton City Council Agenda
May 6, 2008
Page 5
N. Consider approval of the minutes of:
April 1, 2008
April 8, 2008
0. Consider approval of a resolution of the City Council of the City of Denton,
Texas authorizing the filing of a project application with the North Central Texas
Council of Governments for a Regional Solid Waste Program -Local
Implementation Project; delegating and authorizing George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of
the North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas, and providing for an effective
date.
4. PUBLIC HEARINGS
A. Hold a public hearing inviting citizens to comment on the City of Denton's 2008
Action Plan for Housing and Community Development.
B. Hold a public hearing and consider adoption of an ordinance providing for an
amendment to the Comprehensive Plan for approximately 33 acres of land,
located north of University Drive and west of Masch Branch Road, from an
"Employment Centers" land use designation to an "Industrial Centers" land use
designation. The subject site is located within a Rural Residential (RD-5) zoning
district. The Planning and Zoning Commission recommends approval (7-0).
(CA07-0001, Marriott Garden Addition)
C. Hold a public hearing and consider adoption of an ordinance providing for initial
zoning for approximately 33 acres from a Rural Residential (RD-5) zoning district
to an Industrial Center General (IC-G) zoning district. The subject site is located
north of University Drive and west of Masch Branch Road. The Planning and
Zoning Commission recommends approval (7-0). (Z07-0001, Marriott Garden
Addition)
D. Hold a public hearing and consider adoption of an ordinance amending the
Rayzor Ranch Special Purpose Overlay District encompassing approximately 410 acres of land and generally located on both sides of U.S. Highway 380 (West
University Drive), between Interstate Highway 35 and Bonnie Brae Street with
consideration being given to amending the development standards for the Rayzor
Ranch Overlay District as well as establishing additional development standards
applicable to this Overlay District (including architectural design); amending
Chapter 35, Subchapter 7 of the City of Denton Code of Ordinances, "Denton
Development Code", "Special Purpose and Overlay Districts" to amend section
35.7.13 "Rayzor Ranch Overlay District"; providing a severability clause;
providing a penalty in the maximum amount of $2,000.00 for violations thereof;
and providing a severability clause and an effective date. The Planning and
Zoning Commission recommends denial (3-2). A SUPERMAJORITY VOTE BY
COUNCIL IS REQUIRED FOR APPROVAL.
City of Denton City Council Agenda
May 6, 2008
Page 6
E. Hold a public hearing and consider adoption of an ordinance approving a Specific
Use Permit (SUP) to allow a drive through associated with a pharmacy on
approximately 2.184 acres of land, generally located at the southwest corner of
Hickory Creek Road and Teasley Lane (F.M. 2181). The property is within a
Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and
Zoning Commission recommends approval (5-0). (507-0016, Hickory Creek
Center/Salvo Center)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance on first reading, annexing by consent tracts of
land consisting of approximately 484.84 acres, contiguous and adjacent to the
City of Denton, generally located on the west side of Locust Street and south of
Milam Road; approving a service plan for the annexed property; providing a
severability clause and an effective date. The Planning and Zoning Commission
recommends approval (7-0). (A07-0006, Hills of Denton North Annexation)
B. Consider adoption of an ordinance approving the appointment and employment of
an Interim City Attorney; and providing an effective date.
C. Consider nominations/appointments to the City's Boards and Commissions.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Ross Melton regarding code enforcement and the constitution.
B. Cody Eastwood regarding cell phone usage in school zones.
C. Carolyn Phillips regarding a traffic signal at Woodrow Lane and
Morris Street.
D. David Smith regarding freeway traffic flow on I-3 5.
E. Robert Donnelly regarding government transparency and
accountability.
E. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
F. City Manager's Report
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
May 6, 2008
Page 7
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2008 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development/Community Development
ACM: Fred Greene
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the proposed 2008 Action
Plan for Housing and Community Development.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the US
Department of Housing and Urban Development (HUD). The Action Plan serves as the City's
application for Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) programs.
In 2005, using a process with extensive input from citizens and local non-profit organizations,
staff developed Denton's Consolidated Plan for Housing and Community Development. The
Consolidated Plan is a five-year strategy detailing proposed housing, social services and public
works projects benefiting low and moderate-income households and neighborhoods. Annual
action plans are developed based on the strategies outlined in the Consolidated Plan. The 2008
Action Plan represents the fourth year in the City's five-year strategy.
Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held
in November 2007. Notes from the public hearing are included on pages 40 - 41 of the 2008
Action Plan. No citizens attended the Spanish public hearing that was held on November 15,
2007. Application availability was advertised from November through December. Staff held
application workshops in January 2008. CDAC and HSAC reviewed applications and held
funding hearings in February and March. Each committee developed a set of funding
recommendations to present to City Council. Staff has developed the 2008 Action Plan using
these recommendations. Administration activities are also included in the Action Plan.
Please refer to pages 43 - 72 of your 2008 Action Plan for minutes of the CDAC and HSAC
meetings.
ESTIMATED PROJECT SCHEDULE
Public comment period April 7 through May 6
CDAC &HSAC presentation to City Council May 6, 2008
Public Hearing May 6, 2008
Action Plan approval June 3, 2008
Submission of Action Plan to HUD June 15, 2008
HUD release of funds & program initiation August 1, 2008
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee (CDAC) reviewed requests for housing and
infrastructure improvements. CDAC recommended $1,391,627 in CDBG and HOME funding
be allocated to various projects and programs.
The Human Services Advisory Committee (HSAC) reviewed requests for social services
program funding. HSAC developed recommendations for use of both CDBG funds and City
General Fund dollars. Though the list of General Fund recommendations is included in the 2008
Action Plan, the approval of the Plan does not include approval of those recommendations.
General Fund recommendations will be considered during the normal budgeting cycle. HSAC
recommended awards of $131,398 in CDBG funding to various programs.
FISCAL INFORMATION
All projects and programs approved under the 2008 Action Plan are funded through CDBG and
HOME and program income from the use of these funds. No General Fund dollars are included
in the proposed Action Plan activities. Some General Funds are budgeted for program
administration.
EXHIBITS
1. CDAC Funding Recommendations Chart
2. HSAC Funding Recommendation Chart 3. 2008 Action Plan for Housing and Community Development
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
Prepared by:
Barbara Ross
Community Development Administrator
15-Apr-08
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS
2008/09 PROGRAM YEAR
2008 CDBG HOME FUNDING FUNDS FUNDS
APPLICATIONS RE VEST $903,034 $512,604
2 NON-PROFIT DENTON AFFORDABLE $164,000 $78,684
HOUSING CORP.
3 NON-PROFIT DENTON CITY COUNTY $92 700 $92 700 DAY SCHOOL '
4 NON-PROFIT FAIRHAVEN RETIREMENT $69 780 $116 000 HOME '
5 UTILITY AND SIDEWALK PROJECTS $554 003 $372 463
ENGINEERING '
6 COMMUNITY HOME IMPROVEMENT $421,644 $133 390 $289,164
DEVELOPMENT PROGRAM '
7 COMMUNITY HOMEBUYER ASSISTANCE $113,100 $38 400 $144,756
DEVELOPMENT PROGRAM '
8 COMMUNITY MINOR REPAIR PROGRAM $114 814 $126 070
DEVELOPMENT '
TOTAL FUNDING RECOMMENDED $1,530,041 $879,023 $512,604
TOTAL FUNDING AVAILABLE $1,415,638 $903,034 $512,604
TOTAL FUNDING DIFFERENCE ($114,403) $24,011 $0
$24,011 contingency funds can be used for current projects or reallocated to new projects/programs.
Shaded requests are HOME eligible activities
2008 - 2009
Human Services Recommendations
Organization 2007-2008 2008-2009 2008 - 2009 2008-2009 2008-2009 Re uest Recommendation General Fund CDBG
~ ACORN Housing Corporation $0 $11,100 $0 $0 $0
2 AIDS Services of North Texas $9,000 $15,000 $12,000 $7,102 $4,898
3 Camp Summit $0 $15,900 $4,000 $4,000 $0
4 Court Appointed Special Advocates (CASA) $8,500 $12,000 $10,000 $10,000 $0
5 Children's Advocacy Center $8,500 $59,710.86 $9,000 $9,000 $0
6 City of Denton -PARKS - Denia Progam $0 $31,154 $7,000 $0 $7,000 7 City of Denton -PARKS - MLK Program $0 $26,089 $7,000 $0 $7,000
s Cumberland Presbyterian Children's Home $0 $15,000 $0 $0 $0
g Day Stay for Adults $0 $12,000 $6,500 $6,500 $0
~o Denton Christian Preschool $22,000 $28,589 $22,500 $22,500 $0
~ ~ Denton City County Day School $25,000 $36,000 $26,500 $0 $26,500
12 Denton Community Food Center $4,000 $4,000 $4,000 $4,000 $0
13 Denton County Friends of the Family $23,000 $28,000 $24,000 $0 $24,000
14 Fairhaven Retirement Home $7,000 $26,013 $8,500 $8,500 $0
15 Family Health Care, Inc. $23,545 $23,545 $23,500 $0 $23,500
16 Fred Moore Day Nursery $27,000 $35,000 $22,000 $22,000 $0
17 HOPE, Inc., -Transitional Housing $20,000 $25,000 $21,000 $0 $21,000
~s HOPE, Inc., - HMIS $18,000 $18,000 $18,000 $18,000 $0 ~g Retired Senior Volunteer Program (RSVP) $8,000 $10,000 $8,000 $8,000 $0
20 Special Programs for Aging Needs (SPAN) $17,000 $25,000 $17,500 $0 $17,500
ANNUAL TOTALS $220,545 $457,100.86 $251,000 $119,602 $131,398
Note: The Salvation Army ($5,000) and the People's Clinic ($15,545) FUND 2007-2008 2008-2009
were awarded a total of $20,545 in the 2007-2008 fiscal year. Neither
agency applied for 2008-2009 funds. The 2007-2008 budget listed to General Fund $106,434 $119,602 the right includes the $20,545 awarded to these two agencies.
C.D.B.G. $134,656 $131,398
Total $241,090 $251,000
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Housing Park Facilities
Public Improvements Human Services
Prepared for the U.S. Dept. of Housing and Urban Development
Will be presented to Denton City Council on May 6, 2008
www.citvofdenton.com
ADA/EOE/ADEA
TABLE OF CONTENTS
A. Executive Summary of Action Plan
1. Introduction ..................................................................................................................1
2. Funding Summary ........................................................................................................1
3. Local Match ..................................................................................................................2 4. Citizen Participation ..................................
...................................................................2
5. Amendment ..................................................................................................................4
6. Evaluation of Past Performance ...................................................................................4
B. SF-424 Application 1. CDBG Application .......................................................................................................6
2. HOME Application ......................................................................................................7
C. Projects/Activities
1. Summary ......................................................................................................................8 2. CPD Listing of CDBG and HOME Proposed
Projects ................................................9
3. Other Resources Available .........................................................................................18
D. CP Strategies and Proposed Projects
1. Housing Strategies ......................................................................................................19
2. Continuum of Care Strategies ....................................................................................20
3. Lead-Based Paint Strategies .......................................................................................23
4. Human Services Strategies .........................................................................................23
5. Infrastructure & Public Facilities Strategies ..............................................................25
6. Demolition Strategies .................................................................................................26 7. Anti-Poverty & Economic Development Strategies
..................................................26
8. Barriers to Affordable Housing ..................................................................................26
E. Proposed Project Map ......................................................................................................27
F. Other Program Requirements
1. HOME -Forms of Investment ...................................................................................28
2. Monitoring Standards and Procedures ......................................................................28
3. Public Housing Improvements ...................................................................................29
4. Public Housing Resident Initiatives ...........................................................................29 5. Institutional Structure ..............................................
...................................................29
6. Chronic Homelessness ...............................................................................................30
7. HOME -Minority Outreach Program ........................................................................31
G. Certifications ....................................................................................................................32
G. CD Minutes
1. Minutes from Public Hearings ...............................................................................40 2. 30-day Comment Period ................................................
........................................42
3. Community Development Advisory Committee Minutes .....................................43
4. Human Services Advisory Committee Minutes ....................................................54
EXECUTIVE SUMMARY
INTRODUCTION
This document serves as the City of Denton's 2008 Action Plan for the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance
with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and
services that will be funded during the 2008 Program Year to address Denton's strategies stated
in the 2005-2009 Consolidated Plan for Housing and Community Development. The following
five-year strategies were identified in 2005 year and are reaffirmed this year:
■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production
of Affordable Units;
■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment,
Emergency Shelter, Transitional Housing and Transition to Permanent Housing and
Independent Living; ■ Lead-Based Paint Strategies: Education and Reduction ofLead-Based Paint Hazardous to
Owners and Homebuyers;
■ Human Services Strategies: Improve availability and accessibility of basic food,
emergency shelter, transitional housing, services promoting strong, supportive relationships
for families, and basic health care and mental health services.
■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and
Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public
Facilities, Park Improvements and Demolition of Substandard Structures;
■ Anti-Poverty & Economic Development Strategy: Support Training and Employment
Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of
Start-up and expansion industry.
FUNDING SUMMARY
The City of Denton is currently an entitlement city for the Community Development Block Grant
(CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME)
Programs. SF-424 applications for CDBG and HOME are on page 6 and 7, respectively. The
table below shows the federal funding available from the U.S. Department of HUD for the
2008/09 program year. The table below also indicates the amount of CDBG and HOME funds
that will benefit low and moderate income persons.
U.S. Department of Housing Urban Development CDBG HOME TOTAL
Entitlement Grant (Includes Reallocated Funds) $875,933 $524,560 $1,400,493
Reprogrammed Prior Years' Funds $309,686 $0 $309,686
Estimated Program Income $30,000 $45,000 $75,000
Total Funding Sources from HUD $1,215,619 $569,560 $1,785,179
Benefit to Low & Moderate Income Persons $1,034,432 $513,000 $1,547,432
Page 1
The City of Denton and subrecipients also receives many other federal, state, local and private
funds during the 2008-09 Program Year to address priority needs and specific objectives
identified in the City of Denton Consolidated Plan. A total of $21,141,027 in resources is
proposed for the 2008/09 program year. The list of resources available to City of Denton can be
found on the next page and includes local, state and federal resources.
LOCAL MATCH
The HOME program requires a participating jurisdiction to provide a 25% match of the federal
HOME funds. The City of Denton's local match for the HOME program is $128,250. The 25%
match of federal HOME funds excludes administrative allowances of 10%. The City of Denton
will provide the match from a variety of sources including the following:
1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable
Housing Corporation (DAHC) for home ownership assistance and home improvement.
2. Denton County Housing Finance Corporation and other non-federal funding awarded to
Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME
eligible projects.
CITIZEN PARTICIPATION
To ensure citizen participation in the 2008 Action Plan process, the city followed its Citizen
Participation Plan. Public hearings were held November 12 and 15. The November 15th public
hearing was held in Spanish. The public hearings updated citizens on the status of current
programs and activities and asked the citizens how they felt the 2008 funds should be spent. Both
of the public hearings were held within a low and moderate-income neighborhood. See page 43 for minutes of both public hearings. Information on the public hearings was included
in the
Community Development Newsletter that was mailed out to neighborhood associations; service
agencies and beneficiaries; city council, Human Services Committee (HSC) and Community
Development Advisory Committee (CDAC) members; churches; contractors; participating
lenders; citizens who attended previous public hearings; and interested citizens. A notice was
also placed in the Denton Record-Chronicle.
After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle
summarizing the plan and announcing to the public where the Action Plan was available for
review, and the process for submitting comments to the City of Denton. The advertisements also
included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors,
participating lenders, committees, and city employees. All comments received from the public
were addressed before submitting the plan to the U.S. Department of Housing and Urban
Development. Comments received during the 30-day comment period will be included in the
Action Plan.
To ensure citizen participation at all stages of the 2008 Action Plan process, a public hearing will
be scheduled on May 6, 2008 during a City Council Meeting to give citizens the opportunity to
comment on the 2008 proposed projects and activities. See page 40 for minutes of the public
hearing.
Page 2
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AMENDMENT
The City of Denton is also amending the 2003, 2004, 2006 and 2007 Action Plans for Housing
and Community Development to reallocate $309,686 from cancelled projects or unprogrammed
funds. Program year 2003 and 2004 CDBG funds were allocated to the Owsley Community
School. The Owsley project has been cancelled. $49,518.74 in 2004 funding is available in contingency funds remaining from completed projects. In 2006, CDBG funds of $195,000
were
allocated to the Fred Moore School Project. This project has also been cancelled. In 2007,
$36,570 in CDBG funds was unprogrammed. Funds from these sources will be reallocated to
the above projects.
EVALUATION OF PAST PERFORMANCE
It is evident from the information on performance outcomes in the 2006-'07 CAPER that the
City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals.
Please note that lower than expected funding levels have caused a reduction in activities/services and required more efficient use of the available funding. The number
of individuals and
households assisted during the five-year period will likely fall short of projected outcomes due to
the funding reductions.
During the past year, there has been excellent progress in existing programs such as Homebuyer
Assistance and Home Improvement. Both of these programs have succeeded in providing
current residents of the City with opportunities to improve their housing situation. The Home
Improvement Loan program has also succeeded in promoting the revitalization of older,
decaying neighborhoods. Community Development staff feels that these programs could
possibly meet their five-year goals barring any additional funding cuts or significant price increases.
Continuum of Care activities and collaborative efforts have been very successful in bringing
additional funds to Denton County to meet the needs of homeless and potentially homeless
individuals and families. Five agencies participate in a collaboration that, for the past three
years, has been funded by the State's Emergency Shelter Grant program. Activities include
homeless prevention, essential services and payment of operating and maintenance costs for
shelters. Three local agencies also continue to receive Supportive Housing Program grant funds.
A portion of the SHP funding is used for development and support of a Homeless Management
Information System for Denton County.
Other public services activities funded by the City of Denton through both CDBG and general
funds have been successful in meeting identified needs in the Denton community. Health care
has been one area where the community has made significant strides. The People's Clinic has
opened and is providing services to low-income individuals in Denton County. The City
supports the Clinic by providing funding for a social worker and patient medications that are not
covered through the Medicaid system. The City of Denton continues to support childcare for
low-income families, services for the elderly and households affected by AIDS.
Page 4
Public improvement activities have been a concern due to slow development of bid
specifications. During the past program year, four major projects have been bid out and
construction has begun. Four additional projects funded in previous program years will begin
construction soon and should be completed before July 31, 2008. This should ensure that the
City of Denton has no timeliness issues in the near future.
Drawdown of grant funding is completed on a monthly basis. Community Development expenditure records are reconciled with those of the Accounting Department
prior to any
drawdown of funds. As a result of this reconciliation process and the time lapse between actual
expenditure of funding and drawdown of Federal funding to cover expenditures, the City of
Denton is always compliant with U.S. Treasury and U.S. Department of Housing and Urban
Development drawdown requirements.
Programs and activities developed to meet community needs appear to be reaching stated goals.
Housing, social services, neighborhood revitalization and public facility improvements are focus
areas for Denton Community Development. Strong collaborative efforts among the local service
and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households
in
an effort to help them reach self sufficiency.
The implementation of Denton's Consolidated Plan has not been hindered by action or willful
inaction of staff, citizens or elected officials.
Page 5
~M~
Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet.
Date Submitted pplicant Identifier
June 15, 2008 756000514 Type of Submission Date Received by state State Identifier
Application Pre-application
Date Received by HUD Federal Identifier ❑ Construction ❑ Construction
❑ Non Construction ❑ Non Construction
licant Information
Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B Or anizational DUNS 07-138-0190
Street Address Line 2 Or anizational Unit
Cit DENTON State TEXAS De artment PLANNING & DEVELOPMENT
ZIP 76201 Count U.S.A. Division COMMUNITY DEVELOPMENT
Employer Identification Number (EIN): Count DENTON
75-6000514 Pro ram Year Start Date MMIDD 08101108
pplicant Type: Specify Other Type if necessary:
Local Government: Township S ecif Other T e
U.S. Department o Pro ram Fundin Housing and Urban Developmen
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by
Projects} (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles: Description of Areas Affected by CDBG Project(s)
Housing rehabilitation, minor repair, public facility Denton, Texas
improvements, provision of public services, homeownership assistance, and pro ram administration.
CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe
$875,933 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$30,000
Total Funds Leveraged for CDBG-based Project(s)
Page 6
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s)
CHDO for acquisition, rehab and homeownership Denton, Texas
assistance, tenant based rental assistance and program administration
$HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe
$524,560 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$45,000
Total Funds Leveraged for HOME-based Projects}
Housing Opportunities for People with AIDS 14.241 HOPWA
HOPWA Project Titles Description of Areas Affected by HOPWA Project(s)
$HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Pro~ect Titles Descri tion of Areas Affected b ESG Pro~ect s
$ESG GrantAmount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for ESG-based Project(s)
Con ressional Districts of: Is application subject to review by state Executive Order
A licant Districts 26 Pro~ect Districts 26 12372 Process?
Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the
"Yes" please include an additional document state EO12372 rocess for review on DATE explaining the situation. ❑ No Pro ram is not covered b EO12372
❑ Yes ®No ®NlA Program has not been selected by the state
for review
Person to be contacted regarding this application
First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 383-2445
entail bross(a,cityofdenton.com Grantee Website - www.cityofdenton.com Other Contact
Signature of Authorized Representative -George C. Campbell, City Manager Date Signed
Page 7
2008 PROJECTS/ACTIVITIES
SUMMARY
The City of Denton's total federal and program income funding for 2008 is $1,785,179 (includes
$309,686 of Reprogrammed Funds). Program funds have been allocated to an array of projects and
activities to benefit low and moderate-income households. Each project is described in detail from
pages 9 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number:
HOME Page # Project Name CDBG Funds Funds
9 AIDS Services of North Texas $4,898 $0
9 CDBG Administration $181,187 $0
10 DAHC -Affordable Housing Opportunity Program $0 $78,684
10 Denton City County Day School Services $26,500 $0
11 Denton City County Day School Project $92,700 $0
11 Denton County Friends of the Family $24,000 $0
12 Fairhaven Retirement Project $116,000 $0
12 Family Health Care, Inc. $23,500 $0
13 HOME Administration $0 $56,956
13 Home Improvement Program $133,390 $289,164
14 Homebuyer Assistance Program $38,400 $144,756
14 HOPE, Inc. $21,000 $0
15 Minor Repair Program $126,070
15 PARD: Denia Summer Program $7,000 $0
16 PARD: MLK Summer Program $7,000 $0
16 Sidewalk Projects $372,463 $0
17 Special Program for Aging Needs (SPAN) $17,500
17 Unprogrammed Funds $24,011
Total Funding Allocated to Projects $1,215,619 $569,560
Funding Available $1,215,619 $569,560
Balance of Funds $0 $0
Page 8
PROJECT DESCRIPTIONS
The following are descriptions of projects and activities that will be funded during the 2008
Program Year with CDBG and HOME funds:
AIDS SERVICES OF NORTH TEXAS
Provision of food and medical care to individuals and families impacted byAIDS/HIV. Funds will be used to
buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas.
HUD Matrix Code: OS Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) LowlMod Limited Clientele ®Suitable Living Environment
❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective: persons.
Outcomes:
S ecific Outcomes: Number of persons assisted with improved access to ®Availability/Accessibility p a service - 40 persons ❑ Affordability
Project Goals: 40 People ❑ Sustainability
Primary Purpose: ❑ Homeless ®HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $4,898
Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0
Start Date 10/1/2008 Other Sources $3,094,147
Completion Date 9/30/2009 Total $3,099045
CDBG ADMINSTRATION
CDBG funds will be used for program management, coordination, monitoring and evaluation associated with
carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The
program will be carried out by the City's Community Development Division. Funding includes $13,000 in
proposed CDBG program income.
HUD Matrix Code: 21A General Program Administration 570.206 Objectives:
Eli ibilit : 570.208 a 2 LowlMod Limited Clientele ❑Suitable Living Environment g y OO Decent Housm ❑ g
Priority Need: Planning & Administration ❑ Creating Economic
Opportunities
Specific Objective: NIA Outcomes:
Specific Outcomes: NIA ❑ Availability/Accessibility
❑ Affordability
Project Goals: NIA ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $181,187
Location: Community Wide HOME $0
Start Date 08/01/08 Other Sources $190,883
Completion Date 07/31/09 Total $372,070
Page 9
DAHC -AFFORDABLE HOUSING CORP
Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and
closing costs assistance. Funds will be utilized to acquire housing units in Denton, rehabilitate them and sell to
low and moderate income households. Funds will also be used for operating expenses in the amount of
$20,000. Program carried out by the Denton Affordable Housing Corporation.
14G Acquisition for Rehabilitation 92.205 (a) HUD Matrix Code: 21I CHDO Operating Expenses (subject to 5% cap) Objectives:
❑ Suitable Living Environment
Eligibility: NIA ®Decent Housing
Priority Need: Housing ❑ Creating Economic
Opportunities
Specific Objective: Increase the availability of affordable owner housing.
Specific Outcomes Number of affordable units - 20 Outcomes: ® Availability/Accessibility
Indicators: Numbers brought to standard condition - 20 ❑ Affordability
Project Goals: 20 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: CHDO 92.2 CDBG $0
Location: Community Wide HOME $78,684
Start Date 08/01/08 Other Sources $1,967,693
Completion Date 07/31/09 Total $2,046,377
DENTON CITY COUNTY DAY SCHOOL PROJECT
Project consists of making needed improvements to the school. Funds will be used to build a retaining wall for erosion control, installing a drainage system, rehabbing the classroom
sink and cabinets and kitchen cabinets,
repainting of walls in classrooms, adding additional pavilion to the playground and for the purchase of video
cameras and monitors in the classrooms for security purposes. The school provides affordable day care on a
sliding scale. Project will be carried out by the City's Community Development Division and Denton City
County Day School.
HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives:
Eli ibilit : 570.208 a 2 - LowlMod Limited Clientele ®Suitable Living g y Environment
Priority Need: Public Facilities ❑Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: Opportunities persons.
Specific Outcomes Number of persons assisted with new access to a Outcomes:
Indicators: facilit - 98 children ❑ Availability/Accessibility y ®Affordability
Project Goals: 98 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subreci lent: Private 570.500 c CDBG $92,700 Location: 1603 Paisle Street, Denton Texas 76209 HOME $0
Start Date 08/01/08 Other Sources $
Completion Date 07/31/09 Total $92,700
Page 10
DENTON CITY COUNTY DAY SCHOOL
Provision of childcare services for low income children between the ages of 2 years and 5 years.
Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding
scale. Project will be carried out by the City's Community Development Division and Denton City County
Day School.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic
S ecific Ob' ective: Improve the services for low/moderate income Opportunities p ~ persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 98 ersons ❑ AvallabilitylAccessibility Indicators: p ®Affordability
Project Goals: 98 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $26,500
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 10/01/08 Other Sources $460,236
Completion Date 09/30/09 Total $486,736
DENTON COUNTY FRIENDS OF THE FAMILY
Provision of counseling services, crisis assistance and emergency shelter for family members impacted by
domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic
violence. Program will be carried out by the Denton County Friends of the Family.
HUD Matrix Code: OSG Battered and Abused Spouses 570.201(e) Objectives:
570.208 a 2 -Low/Mod Limited Clientele ®Suitable Living Environment Eligibility. ❑ Decent Housmg
Priority Need: Homeless ❑ Creating Economic
0 ortunities Specific Objective: Provide emergency services for homeless persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ®Availability/Accessibility
Indicators: a service - 3,512 persons ❑ Affordability
Project Goals: 3,512 People ❑ Sustainability
Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $24,000
Location: Confidential HOME $0
Start Date 10/01/08 Other Sources $2,016,061
Completion Date 09/30/09 Total $2,040,161
Page 11
FAIRHAVEN RETIREMENT HOME
Project consists of replacing the roof at Fairhaven Retirement Home. Funds will be used to replace and
warranty the roof over the entire building including 27 tenant units. The retirement home provides affordable housing for low-income seniors. Project will be carried out by the
City's Community Development Division
and Fairhaven Retirement Home.
HUD Matrix Code: 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives.
, , ❑ Suitable Living Environment Ehgibihty: 570.208(a)(3) - LowlMod Housing ®Decent Housing
Priority Need: Rental Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of affordable rental housing.
Specific Outcomes Number of persons assisted with new access to a Outcomes:
Indicators: facilit - 47 housin units ®AvallabilitylAccessibility y g ❑ Affordability
Project Goals: 47 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $116,000
Location: 2400 N. Bell Avenue, Denton Texas 76209 HOME $0
Start Date 08/01/08 Other Sources $0
Completion Date 09/30/09 Total $116,000
FAMILY HEALTH CARE
Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be
used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out
by Family Health Care, Inc.
HUD Matrix Code: OSM Health Services 570.201 (e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living
Priorit Need: Public Services Environment
y ❑Decent Housing
Improve the services for low/moderate income ❑ Creating Economic Specific Objective: Opportunities
persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 83 ersons ®Availability/Accessibility Indicators: p
❑ Affordability Project Goals: 83 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $23,500
Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0
Start Date 10/Ol/08 Other Sources 1,297,748
Completion Date 09/30/09 Total $1,321,248
Page 12
HOME ADMINSTRATION
HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community
Development Division. Funding includes $45,000 in HOME Program Income.
HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to , • 10%) 92.207 (a) Objectives.
❑ Suitable Living Environment Eligibility: NIA ❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic Opportunities
Specific Objective: NIA
Specific Outcomes Outcomes:
NIA ❑ Availability/Accessibility Indicators: ❑ Affordability
Project Goals: NIA ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community Wide HOME $56,956
Start Date 08/01/08 Other Sources $0
Completion Date 07/31/09 Total $56,956
HOME IMPROVEMENT PROGRAM
Rehabilitation ofowner-occupied structures in targeted neighborhoods. Funds are available in low interest
loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed.
Funding also includes estimated program income for HOME and CDBG. Program will be carried out by the
City's Community Development Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
570.208 a 3 - LowlMod Housin ❑ Suitable Living Environment Eligibility. g ®Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility
Indicators: standard condition - 7 housing units ®Affordability
Project Goals: 7 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $133,390
Location: Community Wide HOME $288,254
Start Date 08/01/08 Other Sources
Completion Date 07/31/09 Total $421,644
Page 13
HOMEBUYER ASSISTANCE PROGRAM
HAP is designed to provide homeownership opportunities for low and moderate-income families who live in
Denton. The program provides down payment, closing costs and gap assistance to eligible households.
Program carried out by the City's Community Development Division.
HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: J
Eligibility: 570.208(a)(3) - LowlMod Housing ❑ Suitable Living Environment
® Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic
Increase the availability of affordable owner Opportunities Specific Objective: housin .
S ecific Outcomes Number offirst-time homebuyers - 30 households Outcomes: p Number receiving down-payment assistance/closing ❑ Availability/Accessibility
Indicators: costs - 20 households ®Affordability
Project Goals: 20 Households ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $38,400
Location: Community Wide HOME $143,847
Start Date 08/01/08 Other Sources $1,890,000
Completion Date 07/31/09 Total $2,072,247
HOPE, INC.
Provision of fmancial assistance and case management to families who are homeless or at risk to be homeless
and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially
homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager.
Program will be carried out by HOPE, Inc.
HUD Matrix Code: OS Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective: persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes: a service -19 ersons ®Availability/Accessibility Indicators: p
❑Affordability
Project Goals: 19 People ❑ Sustainability
Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $21,000
Location: 117 West Sycamore, Denton, TX 76201 HOME $0
Start Date 10/Ol/08 Other Sources $414,000
Completion Date 09/30/09 Total $435,000
Page 14
MINOR REPAIR PROGRAM
Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be
covered by homeowner's insurance. Program carried out by the City's Community Development Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
J
Eligibility: 570.208(a)(3) - LowlMod Housing ❑ Suitable Living Environment ® Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes: Specific Outcomes Number of units brought from substandard to ®Availability/Accessibility
Indicators: standard condition - 43 housing units ❑ Affordability
Project Goals: 43 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $126,070
Location: Community Wide HOME $0
Start Date 08/01/08 Other Sources $0
Completion Date 07/31/09 Total $126,070
PARD - MLK SUMMER PROGRAM
Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to provide
scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic Improve the services for low/moderate income Opportunities
Specific Objective: persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes: a service 42 ersons ®Avallability/Accessibility Indicators: p
❑ Affordability
Project Goals: 42 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $7,000
Location: 1300 Wilson St., Denton Texas HOME $0
Start Date 10/01/08 Other Sources $155,229
Completion Date 09/30/09 Total $162,229
Page 15
PARD - DENIA SUMMER PROGRAM
Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to
provide scholarships for low-income participants. Program will be carried out by the City's Parks and
Recreation Department.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment ❑ Decent Housmg
Priority Need: Public Services ❑ Creating Economic
Specific Objective: Improve the services for low/moderate income Opportunities
ersons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
Indicators: a service 43 ersons ®Avallability/Accessibility p ❑ Affordability
Project Goals: 43 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $7,000
Location: 1300 Pavin, Denton Texas HOME $0
Start Date 10/01/08 Other Sources $152,238
Completion Date 09/30/09 Total $159,238
SIDEWALK PROJECTS
Installation of sidewalks and disability access ramps in the following areas: East side of North Texas
Boulevard, East side of Malone Street from North of Broadway to Crow and the East side of Malone from
Broadway to Egan; South side of Eagle from Bernard to Carroll, and South side of Hickory from Bonnie Brae
to North Texas Boulevard. Program will be carried out by the City of Denton's Engineering Department.
HUD Matrix Code: 03 Sidewalks Objectives:
570.208 a 1 - LowlMod Area ®Suitable Living Ehgibihty. OO Environment
Priority Need: Infrastructure ❑ Decent Housing
Improve quality/increase quantity of public ❑ Creating Economic
Specific Objective: improvements for low income persons. 0 ortunities
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable im roved ualit ®Availability/Accessibility p q y ❑ Affordability
Project Goals: 4,430 feet of new sidewalk ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $372,463
Location: City Wide, Denton, TX 76201 HOME $0
Start Date 08/01/08 Other Sources
Completion Date 7/31/09 Total $372,463
Page 16
SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS)
Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program
will be carried out by SPAN.
HUD Matrix Code: OSA Senior Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priorit Need: Non-housin s ecial needs ❑ Decent Housing y g p ❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective:
persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 450 ersons ®Availability/Accessibility Indicators: p ❑ Affordability
Project Goals: 450 people ❑Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $17,500
Location: 1800 Malone Street, Denton, Texas 76201 HOME $0
Start Date 10/01/08 Other Sources $2,051,800
Completion Date 09/30/09 Total $2,069,300
UNPROGRAMMED FUNDS
Contingency funds are set aside for unanticipated expenses relating to the development of eligible proj ects and/or cost overruns that occur during the fiscal year. Up to 10%
of the CDBG funds can be set aside for
contingency purposes.
HUD Matrix Code: 22 Unprogrammed Funds Objectives:
Eli ibilit : NIA ❑Suitable Living Environment
g y ❑ Decent Housing Priority Need: NIA ❑ Creating Economic
S ecific Ob' ective: NIA Opportunity p J
Outcomes: Specific Outcomes NSA ❑ Availability/Accessibility
Indicators: ❑ Affordability
Project Goals: NIA ❑Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $24,011
Location: Community wide HOME $
Start Date 08/01/08 Other Sources $
Completion Date 07/31/09 Total $24,011
Page 17
OTHER RESOURCES AVAILABLE
GENERAL FUNDS
Also, during the 2008 Program Year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General
Fund
dollars.
The Human Services Advisory Committee has recommended funding the following human
services programs. It is recommended that these activities be funded through Denton's general
fund budget. City Council will consider approval of the following recommendations in
September 2008.
Category /Agency General Funds Other Funds Total Funds
Aging Services
Day Stay for Adults - 64 people $6,500 $290,075 $296,575
Denton Co. Sr. Housing -Fairhaven - 48 people $8,500 $332,093 $340,593
RSVP - 505 people $8,000 $244,194 $252,194
Emergency Services
AIDS Services of North Texas $7,102 $0 $7,102
Community Food Center -10,250 people $4,000 $57,500 $61,500
Denton County HMIS - N/A $18,000 $69,445 $87,445
Day Care /After School Care
Denton Christian Preschool - 98 people $22,500 $357,326 $379,826
Fred Moore Day Nursery - 250 people $22,000 $397,127 $419,127
Child/Family Services
CASA -198 people $10,000 $403,355 $413,355
Children's Advocacy Center - 265 people $9,000 $752,289 $761,289
Other Services
Camp Summit - 60 people $4,000 $2,732,695 $2,736,695
Total $119,602 $5,636,099 $5,755,701
Page 18
STRATEGIES & PROPOSED PROJECTS
The City of Denton's 2008 funding has been allocated to programs and activities that meet
objectives stated in Denton's five-year strategic plan. Following is the list of the five-year
strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies.
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
RENTAL HOUSING STRATEGIES
H-3.1 ncourage and n addition of 100 rovide support for low-income housing
Sustainability support the ffordable units in mixed ax credit and bond proposals for f Decent development of small 'come developments evelopment.
ousing fixed-income rental ould assist in meeting
developments in his outcome measure.
accessible areas.
H-2.1 ncourage self ental assistance and other ork with and provide funding when ffordability of sufficiency among forms of public assistance ppropriate to
support transitional
ecent Housing ouseholds that o approximately 25 ousing and self sufficiency programs
currently receive ouseholds dministered by Denton Housing
ental subsidies and uthority and HOPE, Inc.
other forms of public support.
H-l.l ncourage and ehabilitation ontinue to support effort in the City's
vailabilityl support the pproximately 25 units. ental Rehabilitation Program with
ccessibility of ehabilitation of esidual funds. ecent Housing substandard units.
H-2.2 ncourage and assist pproximately 250 renters unding City's Homebuyer Assistance
ffordability of low-income renters to ill be assisted. rogram, DAHC's Affordable Housing
ecent Housing ecome homeowners. pportunity Program for 50 households. Support of the following programs: DAHC's
nfill New Construction Program and Nevada
ourt Proj ect, Denton Housing Authority's
amily Self Sufficiency Program and Habitat or Humanity.
H-1.2 Target programs and our newsletters per year will unding of the Tenant-Based Rental
vailabilityl information to e sent out. Additional ssistance for elderly and disabled.
ccessibility of inoritien and the 'nformation will appear on inseminate program information in Spanish ecent Houning elderly. able channel. nd English to organizations
serving these
roups.
OWNER-OCCUPIED HOUSING STRATEGIES
H-2.3 ducate homeowners nformation will be provided households will be provided successful
ffordability of egarding home o 20-25 households omeowner education. ecent Houning aintenance and
udgeting for major and
inor repairs and safe
cleaning practices. H-2.4 ssint low and rovide minor repairs to unding of the Minor Repair Program for 43
ffordability of oderate-income pproximately 120 very low ouseholds.
ecent Houning ouseholds with minor omoderate-income
ousing repairs and omeowners. eatherization.
Page 19
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
H-3.2 ncourage and assist ssistance to 25 to 35 unding of the Home Improvement Program
Sustainability low and moderate- ouseholds. It is anticipated or 7 households. f Decent income homeowners to hat 25%-35% of the annual
ousing aintain their units up /location will be dedicated to
o current City of his targeted area. enton code standards
in targeted areas.
HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS
H-2.5 ducate homebuyers nformation will be provided Support of Fannie Mae and HUD approved ffordability of egarding home buying o 150 prospective omeowner-ship
workshops by local
ecent Housing rocess and household omebuyers. gencies and lenders
udgeting.
H-2.6 ncourage and assist pproximately 150 renters unding of Homebuyer Assistance Program ffordability of low and moderate ill be assisted. nd DAHC's Affordable
Housing
ecent Housing income renters to pportunity Program for a total of 40
ecome homeowners. It ouseholds. is anticipated that 35%
0 50% will be minority
ouseholds.
H-2.7 Support production of onstruction of an estimated Support of DAHC and City's Infill New ffordability of affordable units. 5 new units. onstruction Program
and DAHC and
ecent Housing abitat for Humanity's New Construction
rogram.
CONTINUUM OF CARE -PREVENTING HOMELESSNESS
H-2.8 rovide assistance for 1) Support at least three 1 a) Support and refer persons to local
ffordability of low-income households educational classes business and agency's' First Time
ecent Housing o secure and sustain concerning securing Homebuyer classes and Credit safe, decent affordable and maintaining a Counseling Classes
ousing home. lb) Provide funding to HOPE, Inc in
support of programs including
Support 250 individual/ Housing Counseling
family units of services a) Provide administrative support and
to secure and maintain funds including any Emergency housing including Shelter Grant Program or Emergency
prevention of Food and Shelter Program Awards to
foreclosure and eviction HOPE, Inc and The Salvation Army
a year for homelessness prevention
assistance. b) Continue to support the Tenant
Based Rental Assistance from
HOME funds to the Elderly and
Disabled to maintain independent
living and to prevent homelessness.
CONTINUUM OF CARE -OUTREACH AND ASSESSMENT
Page 20
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
SL-l.l mprove community 1) Support at least five 1) Provide funds to the Denton County
vailabilityl assessment of needs and homeless service Homeless Management Information ccessibility of services available agencies participating System to enroll
and support
Suitable Living in the HMIS in three homeless service agencies.
nvironment years. a) Complete first phase of Denton
Complete County HMIS project
implementation of the Implementation including contracts Denton County HMIS with software provider and for HMIS
project in three years. technical services support.
Support acounty-wide b) Assist Denton County HMIS Project
coordinated Discharge management to complete HMIS
Policy and Plan to End policies and procedures. Chronic Homelessness )Assist the Denton County Homeless
in two years Coalition to organize a taskforce to
create and implement a plan to in
Chronic Homelessness including a coordinated discharge policy.
CONTINUUM OF CARE -EMERGENCY SHELTER
H-1.3 eet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County
vailabilityl shelter and basic health, emergency shelter Friends of the Family Safe Shelter. ccessibility of food, clothing, and nights of stay a year. 2a)
Assist The Salvation Army, and
ecent Housing ersonal hygiene needs )Assist local agencies to Denton County Friends of the
f the homeless and apply for at least three Family to apply for Emergency
ictims of domestic grants to provide Shelter Grant Program Funds lolence.
supportive services to 2b) Assist Denton County MHMR to
all homeless, victims of apply for Supportive Housing domestic violence, Program and/or Shelter Plus Care
homeless families or Funds.
homeless youth. 2c) Assist AIDS Services of North
Texas apply for Supportive Housing Program Funds.
Page 21
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
CONTINUUM OF CARE -TRANSITIONAL HOUSING
H-1.4 eet the transitional 1) Support at least 100 la) Provide funds to the Salvation Army
vailability/ ousing and supportive individuals/ families and HOPE's transitional shelter
ccessibility of service needs of the provided with program to assist 319 people.
ecent Housing omeless and victims of transitional housing a 2a) Provide local agencies with domestic violence in year. information on grant opportunities
reparation for a move )Assist local agencies to for funds to support transitional
o permanent or ermanent supportive apply for at least two housing and supportive services.
ousing. grants to provide 2b) Provide documentation for and assist
additional transitional with the completion of applications
housing and supportive to request Emergency Shelter Grant services Funds and Supportive Housing
Support the increase Program funds for transitional
use of transitional housing and supportive services
housing and/or 3) Attend Ten Year Plan to End
supportive services to Homelessness meetings and provide prepare individuals for information on the importance and
permanent housing in need for transitional housing and/or
the Ten Year Plan to supportive services.
End Homelessness.
CONTINUUM OF CARE -
TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING
H-3.3 rovide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas
Sustainability ictims of domestic for at least two grants to and Denton County MHMR apply f Decent iolence with permanent provide permanent for Supportive
Housing Program
ousing r permanent supportive supportive housing with funds for permanent supportive
ousing. an emphasis on chronic housing program projects.
homeless and persons lb) Provide local agencies with
with a severe mental information on grant opportunities illness and/ or HIV for funds to support transitional
positive status. housing and supportive services.
Assist at least two 2a) Participate in the Affordable Housing
community Coalition and the Denton County
partnerships/ Homeless Coalition. collaborative efforts to 2b) Provide funding to support programs
provide additional of HOPE, Inc, Denton County
permanent housing Friends of the Family, and Denton
opportunities to the Affordable Housing Corporation homeless and victims of who have a collaborative effort to
domestic violence move victims of domestic violence
from emergency shelter to
Transitional housing in preparation
for stable, sustainable permanent housing.
Page 22
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
LEAD-BASED PAINT STRATEGIES
H-1.5 ducate homeowners, 0 households and 50-75 Six owners and 12 contractors or property
vailabilityl ent property ontractors and property anagers will receive field guides for Lead
ccessibility of wners/managers and anagers received field aint Safety painting, home maintenance and
ecent Housing contractors regarding uides for painting, home enovation work instructions. Four owners, disclosure, the history of aintenance and renovation anagers
or contractors receive individual
lead-based paint, its ork instructions. 20 safe work practice video training and lead-
azards to children and wners, managers or elated regulation training.
ow to use safe work ontractors receive individual ractices when safe work practice video
disturbing paint in older raining for the five-year
ousing. eriod H-1.6 educe Lead-Based verage of 40 units will n properties built before 1978, two minor
vailabilityl aint Hazards in owner eceive lead-based paint epairs, one rental rehabilitation, three owner
ccessibility of and renter-occupied 'nspection, hazard control ccupied rehabilitations and three homebuyer
ecent Housing esidential units as eduction work or abatement, ssistance projects will be completed and eeded. ass inspections and, when eceive lead-based paint reduction
work, pass
equired, meet final clearance 'nspections and meet final clearance in
ver the five-year period. ompliance with 24 CFR 35 regarding lead- asedpaint during 2008. For the Homebuyer
ssistance Program, only a visual inspection
ill be conducted and property must pass
'nspection.
HUMAN SERVICES STRATEGIES
SL-L2 eet the basic food 1) Support at least 5,000 la) Provide funds to support the
vailabilityl eels of the homeless mergency meals and food Community Food Center who will
ccessibility of and low-income ags a year provide emergency food bags to an Suitable Living estimated 10,250 people.
nvironment )Support at least 350 a) Provide funds to support the
eals and nutritional food Nutrition Center of AIDS Services
ags/shops a year of North Texas to provide an
estimated 60 persons with weekly nutritional shops.
b) Provide funds to support SPAN who
will provide meals to 450 elderly.
Page 23
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
SL-1.3 eet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County
vailabilityl eels of homeless and emergency shelter Friends of the Family Safe Shelter to ccessibility of low-income persons nights of stay a year assist 3,512
people.
Suitable Living )Support at least 100 2) Provide funds to HOPE, Inc to
nvironment individuals/ families support a transitional housing
provided with program for an estimated 19 persons.
transitional housing a 3a) Provide 10 staff hours to support the year Denton County Homeless Count
Provide at least 100 conducted by the Denton County
hours of staff time in Homeless Coalition (DCHC).
support of at least 3 3b) Provide 60 staff hours to support the
projects for the Denton DCHC application for Continuum of County Homeless Care funds.
Coalition a year 3c) Provide 30 staff hours to support the
Support 250 individual/ DCHC application for Emergency
family units of case Shelter Grant Program Funds. management and other 4) Provide support to HOPE, Inc 30-90
services to maintain day program.
housing including
prevention of
foreclosure and eviction a year
SL-1.4 Oster and maintain an 1) Participate in at least 3 la) Participate in the Denton County
vailabilityl environment where coalitions and/or Homeless Coalition >n the effort to
ccessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness. Suitable Living and communities enjoy community initiatives lb)
Participate in the Success by Six
nvironment strong, supportive to foster and maintain Children's Coalition in an effort to
elationships an environment to improve the lives of children and
promote strong, their families.
supportive relationships 1 c) Participate in the Denton Information
Support at least 250 Network in the effort to network and individuals/ family increase collaboration between
units of childcare, after- health and human service agencies in
school and summer the City of Denton.
care, parenting skills, a) Provide funds to three daycares to
and adult education support the provision of childcare to assistance a year an estimated 415 families.
Support at least 200 b) Provide funds to after school/summer
units of domestic care programs and the provision of
violence and sexual childcare. assault direct services a) Provide support to Denton County
over a year Friends of the Family for the
provision of domestic violence and
sexual assault victim services
including counseling.
Page 24
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
(Continuation from ) Support at least 100 b) Provide support to Children's
revious strategy) units of domestic Advocacy Center for Denton County violence and sexual to provide sexual abuse/assault
otter and maintain an assault prevention services to children and non-
environment where education and training offending families members. families, neighborhoods, a year )Provide support to Denton County
and commumtles enjoy
strong, supportive Friends of the Family for the
elationships provision of community education and offender classes to prevent
domestic violence and sexual assault.
SL-1.5 City residents have 1) Support at least 75 1) Provide support the Family Health vailabilityl access to health care to units of health care Care and Peoples
Clinic for primary
ccessibility of e as physically and services a year health care and pre-natal services to
Suitable Living entally fit as possible a) Participate in at least 2 at least 6,495 persons.
nvironment coalitions/ a) Participate in the 100% Geriatric
collaborative efforts to Services in Denton County
improve availability of Workgroup in the effort to enrich and health care especially improve the lives of the elderly.
for low- income b) Participate in the Denton County
persons, elderly, and Federation of the Families effort to
people with disabilities support and promote advocacy skills b) Support at least 25 in families with children with severe
units of mental health emotional, behavioral, and mental
care services health needs.
INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES
SL-3.1 Street paving and aving and repaving projects of applicable this year. Sustainability of epaving, installation of ill support 700 people.
Suitable Living urb and gutter.
nvironment SL-3.2 nstallation of new Sidewalk proj ects will rovide funding for new sidewalks on North
Sustainability of idewalks and support 235 people. exas Boulevard, Malone Street, Eagle Drive
Suitable Living eplacement sidewalks. nd Hickory Street.
nvironment SL-3.3 nstallation of water and ater and sewer projects will of applicable this year.
Sustainability of ewer lines. support 120 people.
Suitable Living onnection of
nvironment esidential units to ervices.
SL-3.4 nstallation of drainage 10-15 properties will be of applicable this year.
Sustainability of 'mprovements including ffected by drainage Suitable Living 'mprovements that will 'mprovements.
nvironment emove residential
roperties from
oodplain. SL-3.5 ehabilitation and mprovement to at least 2 rovide funding for projects at the Denton
Sustainability of xpansion of public ublic service facilities. ity County Day School and Fairhaven
Suitable Living ervices facilities. etirement Home.
nvironment SL-3.6 mprove and/or expand mprovements to least 2 park of applicable this year.
Sustainability of ark facilities including acilities.
Suitable Living pen space, playground nvironment nd other recreational
acilities.
Page 25
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
DEMOLITION STRATEGIES
SL-3.7 Continue to demolish o demolish 25 structures ontinued support for the Demolition
Sustainability substandard buildings to uring the five-year period. rogram with residual funds.
f Suitable improvement the wing appearance and safety of
nvironment eighborhoods
ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES
0-3.1 Support training and rovide economic rovide non-federal incentives to Sustainability expand training and pportunity by supporting rganizations to create
jobs. Work with job
f Economic employment activities ctivities that create j obs. raining organizations to promote training in
Opportunity argeted to poverty and specific areas of need.
erybw-income ouseholds.
0-l.l xpand educational rovide counseling and rovide funding to transitional housing
vailabilityl pportunities for those ducation services to 25-35 roviders. Request that information on ccessibility of seeking transitional ransitional housing clients.
ducational opportunities be provided to
conomic ousing or other housing Bents.
Opportunity support services.
0-1.2 ncourage support of ver the five-year period 25+ onitor federally funded projects and work vailabilityl Section 3 goals by local 'ndividuals hired for projects
ith contractors to ensure that Section 3
ccessibility of contractors. y private contractors. equirements are fulfilled.
conomic
Opportunity 0-2.1 ncourage start-up and rovide loan assistance to 25 of applicable this year. Additional funding
ffordability of expansion of icro businesses over the or the Small Business Loan Program is not
conomic icrolcottage industries ive-year period. vailable.
Opportunity supporting very low- incomehouseholds.
BARRIERS TO AFFORDABLE HOUSING STRATEGIES
H-1.6 Continue the following mprove accessibility and uarterly newsletter will be sent out to
vailabilitylAc activities: vailability of information on Bents, agencies, churches, neighborhood
cessibility of omeownership fair, ffordable units by providing ssociations, libraries, recreation centers and ecent Housing ewsletters, public wo homeownership fairs, any
others. Two public hearing will be
earings, fair housing uarterly newsletters, at least eld during the preparation of the annual
education, and joint public hearings annually. coon plan and one during the preparation of
activities with other he performance report. ousing providers.
H-2.9 On an annual basis, reate affordability in ontinue to request impact fee grants from
ffordability of equest approval and ousing through provision of he General Fund for housing non-profits for
ecent Housing funding for impact fee n average of three to five he construction of affordable housing. rants for producers of rants per year over the five-
affordable housing. ear period.
H-2.10 llocate funding to the reate affordability in Support for Denton Affordable Housing ffordability of on-profit and for-profit ousing through construction
orporation's Nevada Court and Oriole court
ecent Housing rganizations that are f a minimum of 75 roject, Habitat for Humanity New
developing affordable ffordable single-family and onstruction Program and the City's Infill
ousing. 100 affordable rental units ew Construction Program. ver the five-year period.
Page 26
2008 PROPOSED PROJECT MAP
With Minority Concentrated areas by Census Tracts
Minority
Concentration
b Census Tracts 0 - 25%
i +25% - 30%
+31 % - 40%
+41 % - 50%
+50% -
` ~ 100%
Source: U.S.2000 Census
2008 Projects and Activities
1. AIDS Services of North Texas 6. Family Health Care
2. Denton City County Day School 7. Denia Summer Program
3. North Texas Blvd & Hickory St. Sidewalks 8. MLK Summer Program
4. Fairhaven Retirement Home 9. Eagle Drive Sidewalks
5. Malone Street Sidewalks 10. Hickory Street Sidewalks
Community-Wide Activities
CDBG and HOME Administration
Denton Affordable Housing Corp. - AHOP
Home Improvement Program
Homebuyer Assistance Program
Minor Repair Program
HOPE, Inc.
Services Program for Aging Needs, Inc
Page 27
OTHER PROGRAM SPECIFIC REQUIREMENTS
HOME PROGRAM -FORMS OF INVESTMENT
The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable
Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide
subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME
subsidy will be $14,900. This amount includes all investment that enables the family to purchase
the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is
provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period.
According to the promissory note, the borrower agrees to occupy the property as his/her primary
residence for the term of the loan from the execution date of the promissory note and deed of trust.
The borrower must also agree to pay all mortgage payments, taxes and other assessments on the
property in a timely manner. In the event the borrower complies with the terms of the promissory
note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the
note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein
during the term of the loan. In the event that the borrower sells, leases or transfers the property, the
City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure,
the loan balance
will be repaid from the net proceeds. Net proceeds are defined by HCTD as the sale price less closing
costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan
balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds
at the time of sale. Recaptured funds from the either program will be used to assist other first-time
homebuyers.
Funding agreements and/or contracts with community housing development corporations and/or
subrecipients will include a requirement that the organization comply with HOME regulations in
regard to continued affordability of assisted units.
There are no other forms of investment that are not described in §92.205(b) by the City of Denton.
MONITORING STANDARDS AND PROCEDURES
The City of Denton will complete an annual comparison of the objectives stated in the 5-year
Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton
will consider making changes or updates to the 5-year Consolidated Plan.
The City of Denton provides CDBG, HOME and General funds to several non-profits agencies
and departments providing supportive services. The City's Human Services Coordinator
monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal
guidelines and
OMB circulars to ensure that they have access to pertinent information. Agencies are required to
provide quarterly beneficiary and financial reports. A year-end report is required to detail annual
expenditures, beneficiary information, funding sources and major accomplishments. Each year,
the Human Services Coordinator completes a risk analysis based on established criteria. On-site
Page 28
monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes
a review of client files, financial and accounting records, and procurement procedures.
Independent audits are also submitted and reviewed by the City staff.
A similar process is also followed to monitor the Denton Affordable Housing Corporation, a
certified CHDO. The City's Community Development Coordinator with the help of the
Community Development staff monitors the CHDO on a regular basis to ensure that the non-
profit ismeeting HOME regulations.
Programs and projects carried out by the City are monitored daily. Staff maintains checklists on
individual projects to ensure that all required procedures have been completed. The Housing
Rehabilitation Staff maintains records on all rehabilitation projects. The Community
Development Coordinator maintains records for the Homebuyer Assistance Program and the
Administrator maintains records on public infrastructure projects. The Administrator reviews
and certifies all applications prior to provision ofassistance. Ayear-end report that details
expenditures, revenue, beneficiary information and major accomplishments is also required from
all City programs and projects.
PUBLIC HOUSING IMPROVEMENTS
The City of Denton has no public housing units.
PUBLIC HOUSING RESIDENT INITIATIVES
The City of Denton has no public housing units. However, City staff will continue to work with
the Denton Housing Authority to promote the Homebuyers Assistance Program to those
currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has
been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies
were included in the Consolidated Plan.
INSTITUTIONAL STRUCTURE
The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure
that hinder effective housing and social services delivery. These gaps include the following with
the City's efforts to ameliorate these conditions during the coming year:
1. Need for more effective communication between housing organizations in the North Texas
area, including those serving the City of Denton. Housing organizations often compete for
resources when coordination and partnership efforts would be more effective.
Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. If funding is available, staff will participate in the North
Texas
Housing Coalition that includes larger metroplex communities such as Dallas and Fort
Worth. Form coalitions and collaborative relationships with NTHC members and other area
communities where appropriate.
Page 29
2. Need for more effective coordination between emergency assistance agencies.
Assist with the development of the Homeless Management Information System including
administration of the second year of athree-year Supportive Housing Program grant received
from US Department of Housing and Urban Development (HUD).
3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement
and lack of funding to complete projects. Contractor training along with additional funding
targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program.
Community Development housing staff will provide one-on-one training for local contractors
to assist them in becoming familiar with safe lead procedures. Staff will also inform
interested contractors if training on lead hazard control and safe work practices is available in
the area. Expend additional Lead Hazard Control Grant funds recently awarded in a
partnership with the City of Ft. Worth. Use area contractors for work funded through this
grant if possible.
4. Lack of shelter facilities for families and youth.
Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness.
Some additional emergency shelter facilities or alternative housing programs should be
available in Denton County within the ten-year plan period.
5. Need for service coordination and referral services that go beyond activities of HMIS,
including application intake, referral and coordinated case management.
Participate in an interdisciplinary initiative by the University of North Texas to create a
countywide information and referral network for community housing, health, and human
services. The City would participate if UNT leads this effort.
6. Lack of coordination of homebuyer/homeowner educational services needed to provide a
higher level of information.
Work with local agencies, lenders, realtors and universities to create a unified vision for
homeownership/homeowner workshops that will provide beneficial information so that
homeowners and homebuyer will be successful homeowners in the near future.
ADDRESSING THE CHRONIC HOMELESS
The Denton County Homeless developed the following steps during the 2005-2009 Consolidated
Plan process to address chronic homeless. These steps are reaffirmed during the 2008/09
program year.
The Denton County Homeless Coalition believes a structured and seamless collaborative system
of services and programs can move individuals experiencing chronic homelessness to sustainable
permanent supportive housing. This transition to sustainable permanent housing is the key to
ending chronic homelessness.
Page 30
The DCHC point-in-time homeless count taken in March 2004 (Denton County Homeless
Count) identified nineteen sheltered and no unsheltered chronic homeless. It is likely that there
were approximately forty-three chronic homeless that were not counted. These estimates were
created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults
among the homeless population as chronic homeless, to Denton's estimated number of homeless.
At this time DCHC is moving from a coalition philosophy to a community strategy to end
chronic homelessness. Since the coalition had difficulty finding examples often-year plans for
communities with similar demographics, the steering committee decided to take athree-step planning approach to building a community strategy to end chronic homelessness.
The first step was a small committee conducting research on strategies, stakeholders, goals, and
activities to promote appropriate services for the community and chronic homelessness. In the
fall of 2004, the small group completed their research and provided possible community
directions for review by the steering committee. The Steering Committee used the information
to move to the Step Two of the three step planning approach.
The second step is the identified community stakeholders and possible actions necessary to end
chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor
and
convene the community planning process. The DCHC is in the process of completing this step
of the three step planning approach.
The third step is to convene a large community meeting for all identified stakeholders to review,
modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC
expects the community plan to end-chronic homelessness will build from current programs and
services available.
The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and
transportation. These items present significant barriers in moving the chronic homeless from
experiencing homelessness to maintaining a stable environment.
HOME PROGRAM -MINORITY OUTREACH PROGRAM
To ensure employment and business opportunities for minority businesses the City of Denton
will continue to carry out and support the following activities during the program year.
1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce
refer building contractors to the Community Development office to apply to be added to the active contractors bid list.
2. Will request that general contractors on CDBG and HOME-funded capital projects give
preference to hiring minority or women subcontractors and employees as well as include this
wording in construction contracts.
3. City of Denton's legal advertisement for bids will include the equal employment statement
and encourage minority participation
Page 31
4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in
Denton informing them about the programs, the assistance and contracting opportunities that
are available.
5. City of Denton will continue to attend the Small Business Development Breakfast on a
monthly basis.
6. City of Denton will continue to comply with all State bidding requirements for Historically
Underutilized Businesses (HUB)
7. City staff will also perform debarment reviews to ensure that no previously debarred
contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local
cable channel in search for contractors and will encourage participation by minority
contractors.
Page 32
LOCAL GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,
as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(4) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace It will or will continue to provide adrug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace;
b. The grantee's policy ofmaintaining adrug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph l;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue tomaintain adrug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying To the best of the jurisdiction's knowledge and belief:
Page 33
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with
its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Authority ofJurisdiction The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPWA funds are consistent with the strategic plan.
Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 34
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following aPlan It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds It has complied with the following criteria:
Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums
or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community, and
other financial resources are not available);
Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2008, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate
income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any
fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property
with respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied bymoderate-income (not low-income) families, an assessment or
charge may be made against the property for public improvements financed by a source other
than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 35
Excessive Force It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged innon-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance to or exit
from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction;
Compliance With Anti-discrimination laws The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws It will comply with applicable laws.
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 36
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate Financial Assistance --before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will
not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable
housing;
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 37
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered
a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they maybe identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is
no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation,
State
employees in each local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph three).
8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address,
city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part 21.
Place Name Street Cit Count State Zi Community Development 601 E. Hickory, Denton Denton TX 76205
Division Suite B
Page 3 8
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules: "Controlled substance" means a
controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction"
means a
finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of any controlled
substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not
include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on the grantee's
payroll; or employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3.Anti-displacement and Relocation Plan
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton, Texas 76201
City/State/Zip
(349) 349-8307
Telephone Number
Page 39
Spanish Public Hearing Notes
November 15, 2007
Martin Luther King Jr. Recreation Center
No attendees were present at the public hearing on November 15, 2007.
Public Hearing Notes
November 12, 20007
MLK Recreation Center
Attendees: David Sanders, SPAN; Nicolas Gray, SPAN; Jane Provo, Denton Affordable
Housing Corporation; Patrice Lyke, Panhandle Area Neighborhood Association; Andrea
Schreiber, Alma Clark, Wood Street; Ruby Cole, Lakey Street, Annie Mae Hare.
Barbara Ross provided information on projects completed during the past year and ongoing
programs/projects. She reviewed the eligible activities for both the Community Development
Block Grant (CDBG) and Home Investment Partnership (HOME) programs. It was noted that the
City would receive approximately $500,000 in HOME funds and $850,000 in CDBG funds.
Ms. Ross asked those present to provide their recommendations for use of these funds.
Patricia Lyke and Andrea Schreiber discussed the need for sidewalks that would allow school
children from the Owsley neighborhood to have a safe pedestrian route to Newton Razor
Elementary School. Ms. Lyke stated that the school district bus system no longer picks up
children from the Owsley neighborhood unless they are signed up to participate in the after-
schooltutoring program. She and Ms. Schreiber indicated that the residential area that includes
Linden, Cordell, Ector, Broadway, Sena, Malone and other streets is not pedestrian friendly and
is a danger to those in wheelchairs, those using infant stroller and residents walking for exercise
and/or enjoyment. Ms. Lyke provided a map to Ms. Ross indicating the streets that needed
sidewalks. It was noted that on some streets, sidewalks are present in some areas but then do not continue the entire length of the street. Both Ms. Lyke and Ms. Schreiber requested
that the area
residents be included in the decision regarding which areas are priorities for sidewalk
construction.
David Sanders from SPAN discussed how the agency has increased services to seniors by 25%
over the past few years. He noted that they have a waiting list for the "Meals on wheels"
program. Mr. Sanders stated that they would like to see an increase in local funding. They have
recently experienced a significant reduction in Federal and State funding. SPAN is attempting to
identify structures that they might be able to purchase or have donated that could be converted to
a kitchen. Meals could then be prepared locally and the meals service would be less expensive. SPAN currently feeds more than 1,000 seniors per month.
Page 40
Nicholas Gray, also from SPAN, stated that the transit system managed by SPAN is an economic
development tool. Through use of the transit system, SPAN brings workers in from other
communities and brings people to Denton that wish to shop and eat at local restaurants. He
stated that this activity could be funded based on its support of economic development in
Denton. Mr. Gray noted that a recent American Transit Association study stated that each dollar
spent on public transportation yielded a $4.00 return to the community.
Ruby Cole, SE Denton neighborhood resident stated that Duncan and Morse Streets were once
again in very poor condition and needed to be repaved.
Jane Provo of the Denton Affordable Housing Corporation stated the need for affordable housing
in Denton and the continued importance of funding for this activity.
Ms. Ross stated that a public hearing in Spanish would be held Thursday night at the MLK Jr.
Center at 6:30 pm. She also told those in attendance that additional comments could be made in
writing to the Community Development Division.
Prior to the opening of the public hearing, Annie Mae Hare stated that she would like to see a
traffic light installed at the corner of Wainwright and Prairie Street. She stated that it was a
dangerous intersection.
ACTION PLAN PUBLIC HEARING MINUTES
May 6, 2008
City Council Meeting
The following public comments were received at the May 6th public hearing:
Page 41
MINUTES FROM 30-DAY COMMENT PERIOD
April 7, 2008 through May 6, 2008
The following comments were received during the 30-day comment period on the 2008 Action
Plan for Housing and Community Development:
No comments were received during the 3 0-day comment period.
Page 42
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 13, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator
Eddie Touraine, chairperson, called the meeting to order. He asked members to review the
minutes from October 24, 2007. LaNelle Winn moved that the minutes be approved as
presented. Cathy Tedrick seconded the motion. The motion passed unanimously.
Jane Provo of the Denton Affordable Housing Corporation presented their request for funding.
She stated that any funds received would be spent to support the agency's Affordable Housing Opportunity Program (AHOP). Ms. Provo stated that the program had been successful.
Under
the program they purchase, renovate and sell existing homes to income-eligible families. The
program has slowed somewhat recently due to the problems in the mortgage industry. She added
that though the income level being served had crept up a bit, DAHC was still attempting to serve
low-income households that are at 50% or below the area median income. Ms. Provo stated that
DAHC was asking for $20,000 in operating costs and $144,000 for AHOP including some
proj ect-related costs.
Mr. Touraine asked if the loans provided for the purchases were standard or adjustable rate. Ms.
Provo explained that all buyers have to qualify for a mortgage loan and now they are more likely
to obtain an FHA loan with a fixed rate. DAHC has a recommended list of lenders and checks ratios to ensure that the buyers can afford the mortgage loan. Ms. Provo and the committee
members discussed the subprime mortgage market. Ms. Provo stated that this had not really
affected DAHC homebuyers.
Ray Jordan asked if DAHC was having some problems moving inventory. Ms. Provo stated that
they currently have five homes for sale but that they were probably going to sell two of them this
week.
Ms. Tedrick asked about the funding they currently have available. Herbert Holl asked about the
number of units in Denton and asked if this was a planned percentage. Ms. Provo explained that DAHC has some funding from last year and then all of this year's funding to support
the
program. She noted that although DAHC carried out AHOP throughout Denton County, City of
Denton funding is only spent to support projects within the Denton city limits. Members also
discussed the development of accessible units.
Page 43
Ms. Tedrick asked what the "professional fees" covered. Ms. Provo responded that this was
mostly the audit. Ms. Winn asked about a discrepancy in the budget numbers. Ms. Provo stated
she would take a look and send an explanation to the committee through Ms. Ross.
Ms. Ross informed the committee that staff had revised the Funding Summary Sheet. The
revision was due to an additional decrease in funding after the US Department of Housing and
Urban Development recalculated their formula grants. She also noted that staff was working
with Fred Moore Nursery School to take back the funding that was allocated in 2006 for
expansion of the facility. Ms. Ross stated that she had met with the Fred Moore Board of Directors and that they graciously agreed to give the funding back to the City so that
other
needed projects could be funded. The agency will probably come back in a year or two when
they are ready to carry out the expansion.
Alma Espino, program specialist for the Community Development Division, presented the City's
request for Home Improvement Program funding. She first indicated that there was a correction
on the application and instead of eight units, they planned to complete seven. Ms. Espino
provided a PowerPoint presentation showing the committee the houses that have been
reconstructed under the HIP. She stated that the homes constructed by the City for homeowners
are extremely energy efficient which helps with the affordability of the unit. Ms. Espino added that all homeowners go through a process where their income information is collected,
it is
determined whether or not they are eligible for the program. She went on to state that the
household's income is also reviewed to see if, AFTER the rehabilitation or reconstruction, that
the household can afford any increased taxes and the loan payment to the City. Owners are
required to attend an informational meeting where they learn about housing maintenance and
budgeting. Ms. Espino pointed out how the improvements to housing units in the older
neighborhoods encouraged other households to improve their units as well.
Mr. Touraine asked if there had been any problems with households making their payments.
Ms. Espino stated that staff keeps close track of the loan repayments. Staff will work with homeowners if they are having some financial difficulties to help them continue their
payments.
Ms. Winn asked if medical expenses were adversely affecting the homeowners. Ms. Espino said
that these costs are included in the application and reviewed to determine if the owner can afford
the loan and taxes. Mr. Holl asked about the program income and whether it included interest.
Members discussed the loan program and the amount of program income that comes in as a
result of the homeowner payments and payoffs. Ms. Espino noted that there are currently 60
active HIP loans.
Ms. Espino discussed the other funding sources that are used in the HIP. Nancy Baker, housing
programs manager, reiterated that utility costs for these units were significantly less than before
the rehab or reconstruction. Mr. Jordan commented on the increased tax payments that must result from the construction of the improved housing and how the program therefore increases
tax revenue.
Becky Guthrie, representing the Engineering Department, presented their requests, in order of
priority. All projects entailed the installation of sidewalks serving low and moderate-income
neighborhoods. Ms. Guthrie indicated that most of the projects were those brought up by
Page 44
citizens at the public hearing in November. Ms. Ross stated that she would forward the notes
from that hearing to the committee. The projects in the order of priority are as follows:
1) North Texas Boulevard - $21,505
2) Malone Street A - $38,000
3) Malone Street B - $72,406
4) Crescent Street A (Fulton to Alice) - $68,530
5) Crescent Street B (Alice to Carroll) - $64,470
6) Eagle Street - $123,282 7) Hickory Street - $117,144
8) Anderson Street - $48,540
Ms. Guthrie stated that the sidewalks on North Texas Blvd. would help students in the Owsley
area reach Rayzor Elementary, Calhoun Middle School and Denton High School. She noted that
this was part of the request they received from residents living in the area. Mr. Jordan added that
the primary users of that street are UNT students. He also added that UNT may be trying to
procure the blocks north of the University. Members discussed the public hearing where the
sidewalk projects were requested.
Ms. Guthrie then described the sidewalk proposal for Malone Street. Members discussed the use
of Malone Street to access area schools. Committee members and Ms. Guthrie discussed
whether sidewalks were needed on both sides of Malone. It was noted that both sides had
pedestrian traffic as indicated by the worn paths through the grass. Ms. Guthrie stated that the
proposed projects would provide a continuous sidewalk so that the children would not have to
cross Malone. There was also discussion of how to handle the Jagoe -Malone intersection.
The Crescent Street project was split into two sections. Ms. Guthrie stated that a lot of high
school students are using Crescent. They are proposing to put the sidewalk on the north side of
the street. Members discussed the positioning of the sidewalks and whether the pedestrians will use them. Ms. Benavides noted that there was not a pathway in the grass on the
north side of the
street. Ms. Guthrie agreed and stated that most people walk on the street since Crescent is so
wide.
Ms. Guthrie stated that the Eagle Sidewalk project is an extension of the previous project that
will expand the sidewalk all the way to Carroll Street. She noted that the Hickory Street project
would serve the households in apartments and the school children in the Owsley neighborhood.
Members discussed the difference in project costs between the Eagle and Hickory projects. Ms.
Guthrie noted that prices change based on drainage issues, trees, relocation of utilities, fire
hydrants, etc.
Mr. Holl asked about the priority order of the projects. Ms. Guthrie indicated that the first two
were based on the citizen requests at the public hearing and the rest were based on the
Engineering Department's priorities. Members discussed how priorities might be set. Ms.
Guthrie stated that all of the proposed projects meet the required benefit to low and moderate-
incomeneighborhoods. Staff looked at where the school children were walking to get to the
various campuses. Mr. Touraine asked if there would be a gap between the sidewalk and the
Page 45
street where grass might not be kept up by owners. Ms. Guthrie said normally the sidewalk
would not be directly adjacent to the street. She added that the gap would probably be a couple
of feet. Sandra Benavides asked about construction of the disability access ramps and why they
would need to be reconstructed. Ms. Guthrie indicated that in some instances the elevation
would change and a new ramp would have to be built. She added that they would use those
ramps currently in place if necessary.
Anderson Street was recently repaved using CDBG. There is a sidewalk on the street but it is
deteriorated. Ms. Guthrie noted that many children use this street to get to Calhoun Middle School.
Ms. Guthrie reviewed the status of previously funded projects. Members discussed the Crescent
Street sewer project and the fact that it would not be as extensive as previously though. Ms.
Ross noted that some funding would probably be available for reallocation.
Members discussed the timing of the projects and how soon they could be completed. Mr. Holl
asked about alternative funding that might be available for these projects based on City priorities.
Ms. Guthrie discussed the bond elections that would make funding available for sidewalk
projects. She responded that the projects presented to CDAC qualify as low-mod areas and that other needed sidewalk projects might not be in CDBG eligible areas.
Ms. Ross reminded members of the next meeting on February 20th. The meeting was adjourned.
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 20, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator
Eddie Touraine, chair, called the meeting to order at 11:3 0 am.
Eddie Garcia, interim executive director of Denton City County Day School introduced himself.
He noted that this Monday, the Board should make a decision on the ED position. He handed
out photos of the previous improvements made to the facility using CDBG funds. Mr. Garcia
stated that the building was built around 1958. He described the drainage problems. Mr. Garcia then discussed the needs in the playground area. He noted that the older children
needed a
separate play area from the younger children. Photographs of the kitchen area and the pavilion
show other improvements that DCCDS would like to make. He commented that the pavilion
would provide the children with protection from the heat and sun. Mr. Garcia stated how much
Page 46
the new CDBG-funded doors had improved the facility. He added that if they aren't provided
full funding, the drainage system was the priority.
Committee members had several questions regarding the request. Mr. Touraine asked about the
order of priority for the various improvements and the cost. Mr. Garcia stated the priorities are
as listed on page eight of the application. Ms. Winn asked about certification levels of teachers.
Mr. Garcia noted that currently they aren't required to be certified. If they were, the pay scale
would have to be higher and families would have to pay more for child care. He provided
information about his staff. Ms. Tedrick asked if the teachers had to have some type of continuing education. Mr. Garcia explained continuing education requirements for the teachers.
Ms. Tedrick asked how staff reacted to the camera proposal. Mr. Garcia noted that at first they
were concerned but, he has explained to them that it is for the protection of the teachers as well
as the students. Members discussed the security in the facility. Ms. Tedrick asked why the
drainage problem would not have been handled when the City allowed the adjacent properties to
be developed. Mr. Garcia indicated that he was unsure what regulations were in place at that
time. Mr. Jordan asked about asbestos in the ceiling tiles. Mr. Garcia stated that there was no
asbestos that he was aware of and they do have annual inspections. The inspectors have not
indicated the presence of asbestos. Ms. Winn asked about programs to improve parenting. Mr.
Garcia stated that they use classes from other organizations or the school district. He added that the new policy about background checks on volunteers, including volunteer parents
means that
they can't afford to use as many volunteers as in the past. They ask the volunteer to pay for the
cost of the background check. Ms. Winn asked questions about the flooding, the use of the
pavilion, A/C controls and if the facility was moving toward an energy star rating. Mr. Garcia
discussed these issues and how the facility is becoming more energy efficient. Ms. Tedrick had
some questions on the budget such as the use of the funds in the professional fees category. Mr.
Garcia stated that professional fees cover the audit and board insurance. Members discussed
new audit requirements. Mr. Garcia stated that he would look into the voided checks budget
issue and get back to the Committee.
Gordon Meredith, the City's residential construction specialist, gave a presentation on the City's
Minor Repair Program. He explained the importance of the MRP program and how it works,
providing project examples. He noted that if the homeowner's insurance covers the problem the
MRP could not be used. Mr. Meredith stated that staff requires bids from contractors in the
project-specific work area. Most projects are in the lowest income neighborhoods in the City.
Ms. Melby asked how people find out about the program. Mr. Meredith mentioned the article in
the paper, word of mouth, flyers that are handed out to homeowners.
Mr. Touraine asked for questions, comments from the committee. Ms. Tedrick asked whether
there was a waiting list for assistance. Mr. Meredith stated it is first-come, first-served and there
is currently no waiting list. Mr. Jordan asked about mobile vs. modular homes. Mr. Meredith stated that modular would be considered like a stick built single family housing.
Ms. Tedrick
asked about the need for the program. Ms. Baker stated that staff usually splits the funding up
and spends the same amount each quarter. This ensures that there is some funding in the summer
when air conditioning systems go out, etc. She and Mr. Meredith noted that the program has run
out of funding a couple of times. Mr. Meredith noted that as the economy slows, deferred
maintenance is more likely. It was noted that if a repair was below the deductible amount then it
Page 47
would be considered "not covered" by insurance and assistance could be provided. Ms. Watts
asked how long the program had been in existence. Mr. Meredith stated since 1996. Committee
members discussed the demographics of those assisted. Mr. Meredith agreed to provide
demographic information to the committee. Mr. Touraine asked about repeat customers. Ms.
Ross indicated that staff continues to have discussions regarding the number of minor repairs a
home owner should be eligible for and the ramifications of this to the Home Improvement
Program. Currently, homeowners are eligible for three minor repairs, one per year.
LeeAnn Hubanks, with Fairhaven Senior Housing, introduced herself and Molly Vogel the campus administrator. Ms. Hubanks explained their request for a new roof for the Fairhaven
senor housing facility. She described the energy-efficient roof that they planned to install. They
noted that they had talked with a vendor that had completed projects for the City of Denton. Ms.
Hubanks referred to the photo in the application and noted that the vendors stated that the front
portion of the roof is much worse than the back. She stated that if Fairhaven could only get a
portion of the funding, then they would need approximately 60% of the total requested.
Members discussed the issue of a contractor donating an extension of the warranty period.
Mr. Touraine asked why they didn't go with a composition roof with a 30-year warranty. Ms.
Hubanks stated that this would cost around $100,000. Mr. Holl asked was she reluctant to ask for the $100,000. Ms. Hubanks indicated that she knew that funding had been cut and
she was
attempting to ask for as little as possible. The committee members discussed the amount of
funding that is available for projects.
Ms. Ross asked how they verify income for their tenants. Ms. Hubanks stated that low income
seniors are verified through a 3rd party verification process. Staff completes an annual process to
get information on social security and employment income. The units are available to those 62
and over, Members discussed the method of assisting low-income seniors to get into units at
Fairhaven. Ms. Hubanks mentioned that they have worked with the Denton Housing Authority
to get seniors that have Section 8 vouchers into the Fairhaven units. Current occupancy is at about 58%. Ms. Melby commented that they appear to have some good partnerships going.
Ms. Winn asked for an explanation of the information on Attachment "A" as compared to the
annual budget. Ms. Hubanks stated that she would have to review the information and provide
an explanation to the committee. Ms. Tedrick asked that she correct the budget and resubmit the
information to Ms. Ross for the committee to review. Ms. Hubanks noted that there was an open
house on Friday and invited the committee members.
Members suggested that Ms. Hubanks be asked to provide a price for a composition roof with a
3 0-year warranty. Ms. Ross indicated that she would ask for that information.
Ms. Ross introduced LuisaRodnguez-Garcia, community development coordinator, as the staff
member that manages the City's Homebuyer Assistance Program (HAP). Ms. Rodriguez-Garcia
stated that she has been with the City for 15 years. Ms. Rodriguez-Garcia provided information
on how the program works and what costs are covered by HAP. She told the committee about
the different levels of assistance and that homebuyer classes are required. Ms. Rodriguez-Garcia
reviewed the information that is taught in these classes. It was noted that very few of those
Page 48
assisted under the City's program are going through foreclosure as compared to the high number
of those that participated in the subprime loan market. Ms. Rodriguez-Garcia discussed how
staff determines that a unit is affordable to the buyer and ensures that their income is sufficient to
continue paying the mortgage, taxes and other household expenses. It was noted that Federal
Home Loan Bank funds are requested and used to help subsidize the down payment and fees for
very low income buyers. Denton County Housing Finance Corporation funding has also been
awarded and is being used to help make repairs to units to make them affordable prior to
purchase. Ms. Rodriguez-Garcia provided an updated funding summary for the program
indicating that more funding would be expended than was expected when the application was initially submitted. She and Ms. Ross requested that the committee consider providing
additional funding to the program above the amount that was originally requested.
Mr. Touraine asked if these were first-time homebuyers. Ms. Rodriguez-Garcia stated that they
were either first-time homebuyers or someone that has not owned a home in the past three years.
She also noted that there are exceptions for individuals who had just divorced, or had other
special circumstances.
Ms. Watts asked about marketing. Ms. Rodriguez-Garcia mentioned the CD newsletter, realtors,
title companies and local lenders. Staff has also recently advertised the program in the Denton Connection. Ms. Rodriguez-Garcia added that if other agencies are putting together
pamphlets,
staff gives them program information to include. She stated that staff sometimes sets up booths
at festivals to provide information.
Mr. Touraine asked if the HAP assistance is given as a grant. Ms. Rodriguez-Garcia stated that it
is set up as a deferred forgivable loan. If the household continues to live in the unit for the
prescribed time period, then the loan is forgiven. If they move out before the end of the lien
period, some funding maybe owed back to the City.
Members discussed completion of the priority questionnaire. Ms. Ross stated that she would have the results ready for the committee by the Wednesday meeting or, if earlier, would
email
them out to the members. She added that she would also get the corrections from the applicants
out to the committee.
The meeting was adjourned.
Page 49
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 27, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator, LuisaRodnguez-Garcia, CD Coordinator
Eddie Touraine called the meeting to order. Herbert Holl made a motion to approve the minutes
from February 13th and February loth. LaNelle Winn seconded the motion. The motion was
approved unanimously.
To begin the discussion regarding which projects should be funded with Community
Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding, Mr. Touraine stated that it appeared from the ranking results that the committee
members all support the Minor Repair Program.
Mr. Touraine added that he still had some questions regarding Fairhaven's proposal. Ms. Ross
commented that Ms. Hubanks stated that there were three options for Fairhaven, the original
request for $69,000, the $116,000 request and the one recently emailed to members that entailed
installation of a composition roof for $222,000. Mr. Holl asked if the City had been satisfied
with the way in which the organization had previously spent their grant funding. Ms. Ross
reviewed the previous projects that had been funded for Fairhaven. She noted that the current
owner has only been in place for a short period of time so staff worked with a different organization for the earlier projects. Ms. Melby added that Ms. Hubanks has an excellent
reputation in the housing industry and commented about the type of situation Fairhaven was in
when Plano Community Homes took over.
Mr. Holl had a question about the Denton Affordable Housing Corporation (DAHC). He asked
the committee members if it was fair to say that DAHC received it the lower rating because of
the funding they currently have and have not yet expended. Member stated that this was correct.
Members discussed DAHC's use of funds and the requirement that 15% of a city's HOME
allocation go to fund a Community Housing Development Organization (CHDO). DAHC is the
only certified CHDO currently serving the City of Denton.
Ms.Winn asked about the difference on Fairhaven's budget form between the income and
expenditures. It appeared that the income was not sufficient meet expenditures. Ms. Winn also
asked if they could designate what sidewalks would be completed. Mr. Touraine stated that the
committee can recommend to Council what sidewalks should be completed with CDBG. Ms.
Winn felt that the sidewalks on North Texas Blvd. should not be included in the
recommendations. Ms. Tedrick explained why it would be helpful to have sidewalks in that area.
Page 50
Ms. Ross reminded the committee members that Gene Holloway, Denton ISD Transportation
director, had informed her that there were 227 public school students living in the Owsley
neighborhood. Most are elementary school age.
Mr. Touraine stated that he would like to recommend awarding $78,680, the 15% CHDO
setaside, to DAHC. He then asked the committee what they should do with the $432,101 left in
HOME funds. Mr. Aldridge suggested that they include operations funding for DAHC in the
recommendations. He added that this appeared to be their greatest need. Mr. Aldridge made a
motion to recommend awarding $78,680 to DAHC with $20,000 set aside for operating costs. Mr. Holl seconded the motion. The motion passed unanimously.
Mr. Aldridge made a motion that Denton City County Day School, the Minor Repair Program
and the Home Improvement Program be funded at the requested amounts. Ms. Tedrick asked if
the $195,000 from Fred Moore was included in the funding to be allocated. Ms. Ross indicated
that it was included. Ms. Melby seconded the motion. The motion was approved unanimously.
Ms. Rodriguez-Garcia explained the amount of funding available under each grant after these
allocations were taken out. Members discussed giving the Homebuyer Assistance Program full
funding. Mr. Jordan asked why the amount on the revised form was higher than the original
request. Ms. Rodriguez-Garcia reminded the members about her presentation that included some recent home purchasing activity that was unexpected. More funding has been spent so
far in the
first quarter than was expected. Mr. Touraine made a motion to fund the Homebuyer Assistance
Program at the requested amount of $113,000. Mr. Aldridge seconded the motion. Eight
committee members voted in favor of the motion. One voted against. The motion was
approved.
Members continued to discuss the Fairhaven roof replacement project. Ms. Tedrick suggested
that Fairhaven have someone other than a contractor, take a look at the roof and write up what
needs to be done and possibly give a cost estimate. Mr. Holl asked about the contractors market
these days, how busy they are, how much materials cost and whether Fairhaven could get a good bid. Ms. Tedrick stated that costs are low right now. Members discussed the bidding
process
and whether the committee has any control over the type of roof that is installed. Ms. Ross
suggested that the committee might not want to get involved in that issue. She added that staff
would monitor the project and ensure that the roof is built to City codes prior to making any
reimbursements. Mr. Jordan discussed the various options and stated that in all cases, Fairhaven
would be getting a roof with a warranty for a certain number of years. Mr. Holl made a motion
to recommend that Fairhaven be awarded $116,000 for construction of a new roof. Ms.
Benavides seconded the motion. The motion was approved unanimously.
Members discussed the sidewalks. They initially looked at the first four projects. Mr. Jordan
discussed the funding that is tied to the need for safe access for the children living in the Owsley Addition. He indicated that Anderson Street should be a lower priority because
it is replacement
of existing sidewalks. Ms. Winn objected to the funding of sidewalks on North Texas Blvd. due
to the possibility of UNT taking over the Owsley Addition property in the next few years. Mr.
Holl indicated that he felt Eagle was more important than the Crescent Street sidewalks. Other
members agreed. Members asked about the cost of completing all proposed projects except
Anderson and Crescent. Ms. Rodriguez-Garcia stated that it would cost $372,463 to complete
Page 51
the projects. Mr. Aldridge made a motion to recommend funding of all the sidewalk project
requests except, Anderson and Crescent. Ms. Benavides seconded the motion. The motion
passed unanimously.
Ms. Rodriguez-Garcia indicated that there was approximately $80,000 left to be allocated. Ms.
Ross indicated that the City's housing programs would be able to spend any additional funding if
it were allocated. Ms. Winn stated that she would rather see the funding go to the Minor Repair
Program rather than to homebuyer assistance. Mr. Aldridge made a motion to recommend that
the remaining CDBG funding be allocated to the Minor Repair Program. Ms. Tedrick seconded the motion. Mr. Holl asked if additional funding might be needed for the sidewalk projects
if
they are not completed in the next year. Ms. Ross said that is possible. She added that not all of
the sidewalk projects would be completed in the next program year so construction costs might
go up. However, she added, in the past, if additional funding was needed, City staff was able to
find additional funds so that the project could be completed.
Ms. Watts asked if the committee could fund DAHC at more than the 15% set aside. Mr. Holl
asked if just providing the $78,000 was going to cause a bump in their funding and operations in
the future. Ms. Ross said she couldn't say for sure, but did not think it would be a problem. Ms.
Benavides stated that support for the Homebuyer Assistance Program would help low-income people. Ms. Winn stated that she felt the Home Improvement Program was more important and
helped people stay in their existing homes and not have to move to a nursing facility. Mr. Holl
suggested splitting it between the two programs. Ms. Watts asked if the funding was for the
purchase of rental properties. Ms. Ross indicated it was only for owner-occupied units. Ms.
Tedrick said the funds help people move from being renters to homeownership. Mr. Aldridge
made a motion to recommend that the balance of the HOME funding be allocated to the
Homebuyer Assistance Program. Ms. Benavides seconded the motion. The motion was
approved unanimously.
Ms. Rodriguez-Garcia passed out a chart with the committee's recommendations (attached). Mr. Aldridge move to approve recommending to Council the budget as presented. Ms. Winn
noted
that the date should be corrected and seconded the motion. The motion passed unanimously.
Mr. Touraine asked Ms. Ross to present the agenda item regarding the proposed change to the
Impact Fee Incentive Grant Program. Ms. Ross stated that for the past few years, the City has
provided $10,000 in funding for the Impact Fee program. This funding is provided to non-profit
housing organizations to help with the costs associated with mandated impact fees. Ms. Ross
stated that the impact fees associated with construction of a single family unit are now around
$5,000 per unit. Ms. Ross asked the committee to recommend a change in the program
guidelines to provide no more than $2,500 per unit in impact fee grant funds to the non-profit
organizations. This would ensure that at least four units could be assisted with the City's
funding.
Mr. Aldridge made a motion to recommend this change to the Impact Fee Incentive Grant
Program guidelines. Ms. Tedrick seconded the motion. The motion was approved unanimously.
Ms. Ross stated that she would send out an email letting the CDAC members know when the
public hearing on the 2008 Action Plan would be held.
The meeting was adjourned.
Page 52
RECOMMENDATION REVISIONS
After the Community Development Advisory Committee (CDAC) approved their final
recommendations on February 27th, the US Department of Housing and Urban Development
notified the City of Denton of a correction in the allocations that increased the City's HOME
program funding by $26.00. Community Development staff also corrected a calculation error
leaving an additional $1,819 in CDBG funds to be allocated. The final recommendations chart
includes the allocation of these funds. Funding of $1,841 was split between the City's Home Improvement Program and the Homebuyer Assistance Program. Four dollars was added to
the
Denton Affordable Housing Corporation award due to the 15% CHDO set aside requirement.
The allocation of the additional funding is a Communit. D~pment staff recommendation.
CDAC members gave informal approval via email that they agreed with the staff
recommendation.
Page 53
OFFICIAL MINUTE S
HUMAN SERVICE ADVISORY COMMITTEE MEETING
October 10, 2007
Members Present: Harriet Aronson, Kami Fletcher, Jan Hillman, Mari Metzgar, Steve Pogue,
Geri Sams, and Vanessa Sims
Members Absent: Everette Newland, Dr. Richard Stream, and Jodi Vicars-Nance
Staff Present: Rachel Ingram, Barbara Ross
New members Mari Metzgar and Vanessa Sims arrived by 5 p.m. to take the Open Government-
Open Meetings mandatory training.
Chair Jan Hillman called the meeting to order at 6:10 p.m. The meeting began with
introductions of present committee members and Community Development staff. Rachel
Ingram, Human Services Coordinator, noted all HSAC members had taken their oaths and could
vote if any agenda items were introduced for vote.
Members discussed the best meeting days and times for future meetings. It was determined that
Wednesday evenings seemed best for most members.
Ms. Ingram presented a handout with the human services process timeline. Ms. Ingram explained
the timeline was needed to allow for the City's Action Plan (CDBG application) to be submitted timely to the Department of Housing and Urban Development (HUD) and for public hearings
to
take place prior to the submission. Ms. Ingram explained the human services timeline was
expedited to allow staff time to plan for the Emergency Shelter Grant Application (ESGP)
tentatively due January 10, 2008. Staff requested the human services application be due Friday,
January 18, 2007.
Barbara Ross, Community Development Administrator, mentioned the CAPER, the performance
report for client assisted with CDBG funds, would be available in the next few weeks and could
be viewed on the City of Denton, Community Development website. HSAC members will be
notified when the report is available. Staff responded to committee questions regarding how
community agencies are notified of the availability of human services funds and the status of City Council's approval of last year's HSAC recommendations. Ms. Ingram stated the
application is made available via the City's website and e-mail. The Community Development
division publishes a quarterly newsletter that includes the application release date in addition to
purchasing an advertisement in the Denton Record Chronicle. Staff noted City Council approved
the HSAC recommendations from last year as presented.
Staff discussed the internal HSAC procedures and the need to approve a current version of
procedures. The most recent procedures are several years old. Staff requested members review
handouts and vote to approve procedures at the next meeting.
Page 54
The committee elected to postpone elections for Chair and Vice-Chair since several members
were not present to voice their intents.
Ms. Ingram provided a draft copy of the 2008 Human Services Application for committee
review. The committee will be e-mailed a draft and will vote to approve the application and the
application assessment tool at the next meeting. The committee will determine if late and
incomplete applications will be accepted at the next meeting.
Ms. Ingram announced another opportunity for committee members to volunteer to serve on the Peer Review Committee for the Denton County Homeless Coalition (DCHC). The Peer Review
Committee will serve a similar function as the HSAC but will be making recommendations for
Coalition's applicants for the State of Texas Emergency Shelter Grant Program. The
Community Development division administers the grant and helps compile the information for
the grant. More information will be provided at the next HSAC meeting.
Ms. Ingram reviewed the agenda items for the next meeting. The committee suggested a
deadline for response to staff regarding suggestions about the application draft and internal
procedures. Staff requested feedback be submitted by close of business on Thursday, November
1, 2007.
Meeting was adjourned at 7: 10 p.m.
Page 55
OFFICIAL MINUTE S
HUMAN SERVICE ADVISORY COMMITTEE MEETING
November 14, 2007
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Everette Newland, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-Nance
Members Absent: Steve Pogue
Staff Present: Rachel Ingram, Barbara Ross
Rachel Ingram introduced new HSAC member Lorn Bortnem and asked the members to
introduce themselves and state how long they had participated on the committee. The members introduced themselves.
Jan Hillman called the meeting to order. She asked for volunteers or nominees for chair and vice
chair. Vanessa Simms nominated Jan Hillman as chair. Lorn Bortnem seconded the motion.
Ms. Hillman was elected chair by acclamation.
Geri Sams nominated Jodi Vicars-Nance as Vice Chair. Everett Newland seconded the motion.
Ms. Vicars-Nance was elected by acclamation.
Ms. Hillman asked for comments or corrections on the minutes of 10/10/07. Dalton Gregory made a motion to approve the minutes as written. Geri Sams seconded the motion. The motion
was approved unanimously.
Members discussed the Human Services Advisory Committee (HSAC) procedures. Ms. Hillman
asked if the members approved of the five minute presentation requirement for requesting
agencies. Members discussed the length of time needed for agency presentations on their
applications for funding. Kami Fletcher indicated that she thought that in past years, most
agencies took more than five minutes for their presentations. Ms. Vicars-Nance stated that she
did not feel the agencies needed more time due to the fact that most have been funded in the past
and the committee is knowledgeable about their services.
Ms. Ingram asked if the committee would accept late applications. Ms. Sams stated that if the
agency wanted funding, they should be able to submit an application on time. Mr. Bortnem
agreed. Ms. Ingram noted that she provides training to all organizations that plan to request
funding and emphasizes the application due date to those attending. Richard Stream asked if
potential applicants are informed at the training that HSAC members read the applications prior
to agency presentations and that when they speak before the committee they should provide new
or additional information not included in the application. Ms. Ingram stated that she would
include that comment in the training. Mari Metzgar asked how long the training sessions are.
Ms. Ingram indicated that they are generally about 90 minutes.
Page 56
Ms. Ingram reviewed the funding spreadsheet that included a history of CDBG and general fund
allocations for human services. She explained that not more than 15% of the annual CDBG
allocation could be used for human services. Ms. Metzgar asked what time period the fiscal year
covered. Ms. Ingram responded that contracts are from October through September. The
committee is now discussing funding that would be awarded for October 2008 through
September 2009. Mr. Gregory noted that CDBG does not appear to fluctuate as much as general
funds. He asked if staff had clues as to the general fund amount that would be available. Ms.
Ross indicated that it was up to the committee to make that recommendation. However, she
added that in 2005, City Council looked at the practices of other communities and noted that Plano used a one dollar per capita amount to determine human services funding. Council
felt
this was a good method and adopted it at that time. Last year's general fund budget amount was
$106,000.
Ms. Ingram asked for feedback on the application assessment tool. She explained to members
how to use the tool. She added that she would put the results on a chart and have those available
on a screen that all members could view as they discussed the funding allocations. Ms. Fletcher
asked about including more room for comments. Members discussed the need to view
comments from all members. It was agreed that the tool would be revised to include space for
comments. Ms. Sams commented about the fact that there were only two criteria listed on the assessment tool. Ms. Ingram indicated that HSAC would probably not want to fund
organizations that did not have positive responses in both areas.
Members discussed whether agencies should be allowed to provide additional documentation to
HSAC before or during their presentation to the committee. It was noted by Mr. Dalton that the
handouts were sometimes helpful but that they did not often sway opinion. The application
appears to have everything necessary to make a decision. Ms. Vicars-Nance stated that it gives
the organizations an additional opportunity to share information. Mr. Newland stated that in
some instances it takes up time and might affect the information HSAC needs to focus on.
Members voted to allow the organizations 15 minutes to make their presentations and that they may leave handouts to be picked up by the committee at the end of the meeting. It
was also
agreed that no more than two presenters could attend the hearing. This information would be
given to the organizations during their mandatory training sessions.
Ms. Ingram stated that there was no feedback from committee members to her email forwarding
a copy of the revised application. Ms. Hillman asked if they should require a recent audit. Ms.
Ingram and Ms. Ross stated that the agencies should have an audit competed each year and that
this should be submitted with their application.
Members set meeting dates for the hearings on February 7th and 21st
The meeting was adjourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 7, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Steve Pogue, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-Nance
Members Absent: Everette Newland
Staff Present: Rachel Ingram, Barbara Ross
Ms. Hillman asked Rachel Ingram to make her announcements. Ms. Ingram asked if there are
any changes to the minutes of November 14, 2007. Ms. Ingram explained to the committee how the various applicants would make their presentations. The presenters have five minutes
and
then the committee has five minutes for questions.
Gregory Dalton moved the minutes be approved as written. Vanessa Sims seconded the motion.
The motion was approved unanimously.
SPECIAL PROGRAMS FOR AGING NEEDS (SPAN)
David Sanders, Director of Senior Services for SPAN was the first presenter. He described the
food service provided by SPAN. He noted that he was also a doctorate student at the UNT
School of Gerontology. Mr. Sanders stated that older people continue to move into the Denton area. He tied this to the growth in SPAN's programs. It was noted that a lot of the
seniors
served by SPAN are low income. Mr. Sanders provided some examples of residents that are
assisted by SPAN not only with the food services but by just being there to provide some social
interaction.
Ms. Sams asked about SPAN's employment history, specifically their recent loss of employees
and how they can continue to increase services with less staff. Mr. Sanders explained that he has
reassigned staff and redesigned their job functions to get more done. Site managers are also used
as case managers. Mr. Bortnem asked about assessments. Mr. Sanders stated that clients must
be interviewed every year to see what activities they can still complete. The number of clients
served was also discussed. Dr. Stream asked why there was no information on the number of Hispanic served. Mr. Sanders indicated that counting in terms of individuals does not
require
that they note the ethnicity. Ms. Sims asked how to get a senior that is very proud to participate
in the program. Mr. Sanders indicated that SPAN arranges for transportation to participate in the
congregate meals program. Often the senior can help serve and this gives them a reason to
participate. Mr. Gregory asked about the term "successful aging." Mr. Sanders indicated that it
has to do with being able to continue interaction and being active in the community.
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
Diana Corona, Executive Director of RSVP for the past eleven years made the presentation for
RSVP. Also present was Judy Smith, Program Coordinator for the northern area, which includes
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Denton. Ms. Corona reviewed some of the activities carried out by the RSVP volunteers. They
are providing education about the West Nile virus. Rockin' Readers is a program where
volunteers help children in pre-kindergarten, kindergarten and first grade with their reading
skills. Other programs were highlighted. Volunteers help other organizations to build capacity.
The funding request is for $10,000. Ms. Corona noted that the HSAC knows the importance
these programs have in the community.
Ms. Fletcher asked how the funds would be used. Ms. Corona stated that the funds would assist
in paying the costs associated with Ms. Smith's position. Dr. Stream asked if there are any other reading programs. Ms. Corona responded that there are other programs but there
is also plenty
of need for this type of program.
HOPE, INC., HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
Barbara Atkins, Executive Director of HOPE, Inc. provided the presentation on the Denton
County Homeless Management Information System (HMIS). She explained that it was a data
collection system and thanked the City staff for assisting with the grant. Communities must
participate in an HMIS in order to receive federal funds for homeless assistance activities. Ms.
Atkins noted that they are about to receive more than $500,000 to continue the HMIS
development. The data helps with reports that are required by the US Department of Housing & Urban Development and the State. She added that they are working toward sharing information
electronically between organizations. Ms. Atkins stated that the request is once again for
$18,000 to provide match for the federal HMIS funding.
Mr. Gregory asked if this is an every year thing. Ms. Atkins stated that she was unsure regarding
how long the match requirement would be included in the grant program. Ms. Sams asked what
kind of a percentage increase in homelessness we have had in Denton. Ms. Atkins stated that the
Homeless Coalition is not doing a "point in time" survey until next year. Ms. Sims asked if
there is a system in place to count youth who are homeless. Ms. Atkins stated that this is not
consistently done. Mr. Gregory asked about kids at school that one day may be homeless and asked if the DISD's homeless coordinator was participating. Ms. Atkins said that they
did
receive some information from the District's representative.
HOPE, INC., TRANSITIONAL HOUSING
HOPE is moving into their 15th year of providing transitional housing. Ms. Atkins stated that
they are focusing on prevention. Most of the families they assist do work but have a severe
housing cost burden. HOPE works with approximately five families at a time. They have low-
costhousing available from Denton Affordable Housing Corporation. Ms. Atkins stated that
HOPE uses the below market rents to allow families to continue to live in an affordable unit after
they are off transitional housing assistance. Ms. Atkins stated that HOPE is asking for $25,000
and that there is a great need for the transitional housing program.
Ms. Fletcher asked about the link regarding the 30 to 90 day program and transitional housing
program. Ms. Atkins stated that the 3 0 to 90-day program is due to State program requirements
and that families cannot access the assistance again for a specific period of time. Ms. Atkins
explained the process and the State requirement regarding how soon a family could receive
additional assistance. Ms. Sims asks what the program priority was. Ms. Atkins said the priority
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is people who are about to become homeless. Ms. Hillman asked where the emergency money
comes from. Ms. Atkins stated that it came from FEMA based on a formula allocation. Ms.
Sams asked if the economic downturn is causing more families to come to HOPE for assistance.
Ms. Atkins said she thought they were seeing some fallout from that. Dr. Stream asked if we are
more conscious of homelessness now than in the past. Ms. Atkins discussed the increased costs
of living but noted that there was often not a corresponding increase in salary or benefits for
families. She has also noticed a significant increase in homeless people with mental health
problems. Mr. Gregory commented about some recent statistics indicating that many living costs
had gone down, but housing has gone up significantly and is a major issue for many families. Ms. Fletcher talked about the same issues in Virginia.
FRED MOORS DAY NURSERY SCHOOL
Laura Williams introduced herself and noted that this was her 6th year as director. She stated that
Fred Moore is working on fiscal responsibility and service to the families. Ms. Williams noted
that these families would not be served if Fred Moore were not providing services. City funds
are used for teacher salaries. They are trying to increase salaries to compare to what other,
similar schools are providing.
Ms. Sims asked about the funding request. Ms. Williams stated they are asking for $35,000, the same amount as requested last year. Ms. Fletcher asked if Spanish was the first
language for
most of the children and if so, how many bilingual teachers they have at the day care. Ms.
Williams stated that they have one bilingual person at the day care and are trying to recruit more.
Ms. Sams asks about the audit problems and how things are financially. Ms. Metzgar stated that
she also had a concern. Ms. Williams noted that they now have a board treasurer that knows a
lot about financial requirements and has been very helpful. They have hired a CPA to do their
bookkeeping. Ms. Vicars-Nance asked if the same findings would be in the 2006 audit, when it
is completed. Ms. Williams said they would not be in the next audit. Ms. Vicars-Nance asked
about payroll taxes that were not being paid. Ms. Williams stated that there is a payment plan
with the IRS and that they are requesting some emergency grants from various organizations to help with the payments. Members asked how the error was made. Ms. Williams explained
that
the accountant did not complete the paperwork correctly but that she and the board treasurer did
not realize that the payments were not being made. Ms. Metzgar asked how long it will take to
repay if they don't get the emergency grants. Ms. Williams stated that it may take several years.
The amount to be repaid is approximately $91,000. Ms. Williams stated that they have raised
their tuition by $10 per child to increase income. Ms. Metzgar asked if fund raising information
will include what the funds will be used for. Ms. Williams indicated that the organizations
would understand what the funding would be used for. Ms. Fletcher asked if there is a financial
plan in place to pay off the funding in a certain period of time. Ms. Williams indicated that they
have a plan to pay back the payroll taxes. Mr. Gregory asked about the substantial increase in
professional membership fees. Ms. Williams noted that this is for the audits. He also asked about facility maintenance. She stated that some is done by volunteers as parents
are required to
give twelve hours of community service. Ms. Ross noted that approximately $300,000 in City of
Denton CDBG had been used in the past for improvements and/or rehabilitation of the facility.
Ms. Metzgar asked in what line item is the payroll tax repayment. Ms. Williams stated that it
was not included on the budget in the application but on the organizational budget.
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DENTON CITY COUNTY DAY SCHOOL
Eddie Garcia, Interim Director of City County Day School, introduced himself. He pointed out
that he had been a volunteer at the school for several years. He also noted that his child attended
City County and had a wonderful experience. Mr. Garcia noted how the school gave his son a
new environment and that it changed him from shy to more outgoing. Mr. Garcia stated that it
is expensive to run anon-profit day care. They now have to fingerprint volunteers and this costs
$50. They are asking the volunteers to pay this cost. To keep rates low, they depend on human
services funding.
Ms. Vicars-Nance asked about the organization's compliance history. Mr. Garcia stated there
were no deficiencies in their State reviews. The State comes in once every ten to twelve months
but they are also reviewed every other month Child Care Services. Ms. Fletcher asked if the
$36,000 was for new teachers. Mr. Garcia stated that it would help pay the salaries of two
current teachers. Ms. Sams asked about the number of children served going down. Mr. Garcia
stated that the numbers go up in the summer because of the special programs. Ms. Vicars-
Nancetold the committee that there is a website that gives information on child care facilities,
their deficiencies, and etc. The website is httpa/www.txchildcaresearch.org.
FAMILY HEALTH CARE, INC.
Patrice Cagan, Executive Director of Family Health Care, introduced herself. She stated that
Family Health Care is getting 25 calls a week for prenatal care. Most physicians won't see these
patients after their pregnancy has progressed past a certain point. If the clinic begins serving
them only after the 35-week mark, they have to see them weekly. This would mean that the
clinic cannot serve as many women. These women have no place to go. Ms. Cagan stated that
they're trying to give prenatal care until the mother can get on Medicaid. She noted that she's
cut deals with labs to get better prices on tests. They are currently serving 115 women with the
grants they receive. She noted that there are high risk cases that physicians will not see. Ms.
Cagan stated that they are seeing patients from Collin and Cook Counties as well as Denton residents.
Ms. Metzgar asked if they get funding from some of the other communities. Ms. Cagan stated
that if a patient is not from Denton then they must pay for the service. Ms. Fletcher reviewed
why the patients are not able to get on Medicaid soon enough to be served by a doctor. Ms.
Cagan stated that she warned the hospitals that they would be seeing more women coming in
who have not had prenatal care. She noted in particular the unhealthy children that would be in
need of care if the mother has diabetes or other conditions for which she was not treated during
the pregnancy.
DENTON COUNTY FRIENDS OF THE FAMILY Toni Johnson-Simpson introduced herself as the Executive of Director of Denton County Friends
of the Family. She stated that the funds that they are requesting is for two staff positions; the
director of the shelter and a play therapist. She stated that they have been able to add programs
to help the clients. It was noted that there is a transitional housing program, and an advocacy
outreach program.
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Mr. Pogue asked about the audit findings. Ms. Johnson-Simpson stated that they have addressed
it. She added that there was a staff person who was not reconciling expenditures. Mr. Bortnem
asked about the length of time they provide services to the clients. Ms. Johnson-Simpson stated
it was flexible, sometimes just a month and sometime a year. It was noted that they work closely
with HOPE and other local service organizations. Dr. Stream asked if any men were in the
program. Ms. Johnson-Simpson stated that occasionally they do come in. Ms. Sams asked about
the shelter. Ms. Johnson-Simpson stated that they are currently expanding the shelter by using
the renovated garage for offices, counseling spaces and renovating the old offices into additional
bedrooms.
COMMUNITY FOOD CENTER
Ed Ellis, the treasurer for the Board of the Community Food Center introduced himself and Tom
Newell the Chairman of the Board. Mr. Ellis discussed how long the organization has been
providing services. They have been providing services since 1974 and all the workers are
volunteers. There are no paid employees. He noted that they started out asking the City to pay
the utility bills for the facility. All other money is used for food. Mr. Newell stated that they are
requesting $4,000 to help offset the utility costs. He noted that they don't have to pay rent due to
an agreement with the Denton Housing Authority. Mr. Newell stated that 31,000 pounds of
food went out the door last year. They have also provided some books for clients. Another outreach program is helping clients fill out paperwork for food stamps.
Mr. Pogue asked if the utilities have gone up. Mr. Ellis stated that year before last their request
was for $3,000. Last year, they went up to $4,000 and that seems to be enough.
SENIOR HOUSING - FAIRHAVEN RETIREMENT HOME
Lee Ann Hubanks and Molly Vogel of Plano Community Homes/Fairhaven introduced
themselves. Ms. Hubanks stated that they are asking for funding for their service coordinator
position. The person in this position helps the residents get the services they need. The Service
Coordinator has put together a training program instructing other staff regarding the purpose of the service coordinator. Without City funding they will only have the coordinator
part-time.
Ms. Sams asked about their financial stability. Ms. Hubanks stated that they've worked on the
structure quite a bit this past year and now they have additional units that they can rent. Anew
emergency call system is being installed. An open house will be held February 22nd to help
market to new residents. Ms. Hubanks mentioned that they were also working with the Denton
Housing Authority to get new tenants with Section 8 vouchers. Ms. Fletcher asked if they didn't
receive the full amount would it still go to that position. Ms. Hubanks stated that it would. Ms.
Sims asked who is being served and why it was not a more diverse population. Ms. Hubanks
stated that though this facility is not that diverse, most of their facilities are very diverse. She
added that the marketing plan will attempt to improve the diversity of the facility. They have had the facility for about a year. Mr. Gregory asked if they had added any individuals
from the
Denton area on the board. It was noted that they have added two board members from the
Denton area.
The meeting was adjourned.
Page 62
OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 21, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Everette Newland, Steve Pogue, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-
Nance
Members Absent: Kami Fletcher
Staff Present: Rachel Ingram, Barbara Ross
Chair Jan Hillman called the meeting to order at 6:00 pm.
Members discussed when to schedule the next meeting. Ms. Hillman stated that she would like
to have at least a week to review the material. Members agreed to meet on March 6th at 6:00 pm
to develop recommendations for City Council. Dr. Stream asked about the funding amounts to
be allocated. Members discussed completing the evaluation form and returning it to Rachel
Ingram. It was noted that there is $131,398 available in CDBG funds. Ms. Metzgar asked if the
general fund amount available was based on the one dollar per capita rule. Ms. Ross and Ms.
Ingram stated that this had been a previous policy stated by the Council. It was noted that HSAC
has discretion in regard to their recommendations.
Ms. Ingram stated that the public hearing and the presentation of the committee's
recommendations is usually in mid-to-late April and noted that everyone is welcome to attend.
After the presentation, a public hearing will be held to gain public input. Ms. Ingram pointed out
that usually some service agency personnel speak during the hearing.
DENTON CHRISTIAN PRESCHOOL
Judith Royal and Kate Wolf, director and assistant director of Denton Christian Preschool,
introduced themselves. Ms. Royal described the services provided by the facility. She noted that
they hoped to open a sixth classroom that would serve 13 more students. Ms. Wolf stated that
they also do assessments of the children and work with the Ann Windle School to better prepare
them for entry into the public schools. It was noted that through the preschool, children are able to see doctors and dentists. Their strategic plan includes ensuring that they
have sufficient pay
for their teachers so they can continue to have quality staff.
Dalton Gregory asked about the new diagnostic tool. Ms. Royal explained the tool that they are
using and how the school system is very accepting of the tool. Mr. Bortnem asked if they were
able to get pro bono dental care. Ms. Royal said in some instances they can but must find funds
to help pay things like filling cavities, etc. Members discussed the budget and the increase in
personnel costs and costs for finger printing. Ms. Royal stated that they are replacing along-
time volunteer with paid staff. It was noted that professional fees increased in the budget due to
the increase in audit fees.
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DAY STAY FOR ADULTS
Andre Villarreal from Day Stay for Adults introduced himself. Mr. Villarreal stated that the
facility would soon move to a new location. The current landlords want to tear down the
building and make way for a shopping center. He stated that they are trying to put another
facility together in the Lewisville area. Mr. Villarreal described the space needs of the facility.
Mr. Gregory asked where the program income came from. Mr. Villarreal responded that some
clients are self pay and that the facility also receives Medicaid funding. The maj ority of the
clients are Medicaid recipients. However, the reimbursement that Day Stay receives from
Medicaid is not sufficient to pay the costs associated with caring for the clients. The third source is a nutrition program that assists with meals. There are also fundraisers
that produce income
and they request grants. Ms. Sams commented about the diverse client base and asked about the
lack of diversity on the board. Mr. Villarreal stated that they did have one Hispanic on the
board. He is working with the Board to make the board more diverse.
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
Kevin Henson, the new executive director of Cumberland Presbyterian Children's Home and
Amy Watson, a counselor and director of clinical services presented Cumberland's request to
HSAC. Mr. Henson noted that he had been on the Board of Directors for about six years prior to
becoming ED. Mr. Henson explained the mission of the organization and the initiation of the Single Parent Family program. He added that there was a lack of counseling and parenting
skills
training, so they started the Family Outfitters Program. Mr. Henson stated that the majority of
funding comes from donors. Ms. Watson stated that they use interns from UNT & TWU and
therefore the program is very cost effective. Parent training is done monthly. Some services are
offered in Spanish.
Committee members had some questions regarding the request. Ms. Sams asked if Ms. Watson
was supervising the interns. Ms. Watson indicated that she was. Ms. Vicars-Nance asked about
the breakdown of those that would be served in the coming year. Ms. Watson indicated that they
were not certain at this time. Ms. Ross asked if they had made use of the Family Resource Center's parenting program. They indicated that they use the "love and logic" model and
that in
some instances they do refer people to the Resource Center. In relation to comments made at the
previous meeting, Ms. Ross explained that agencies receive funding only on a reimbursement
basis. No funding is given up front. So any funding paid out would be for services that had
already been provided.
CITY OF DENTON PARKS & RECREATION - MLK & DENIA PROGRAMS
Cirilo Pedroza of the City's Parks and Recreation staff made the presentation for the Owsley and
King's Kids summer playground programs. Ms. Pedroza explained how the program in Owsley
got started. The program provides child care and keeps the children from getting into trouble
during the summer. He noted that the King's Kids program was meeting a similar need in the Southeast Denton neighborhood. Mr. Pedroza described the costs associated with the programs.
He noted that the Owsley program is more costly because they have no facility and therefore take
a lot of field trips to keep the children out of the heat. Though they used to serve 80 kids in
King's Kids, they now serve only 42. Owsley has dropped to 43. With full funding, they could
serve as many as 60 in the Owsley neighborhood.
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Ms. Sams asked how the children are selected. Mr. Pedroza stated that currently it is done
according to income level. The lowest income households receive services first. Dr. Stream
asked if they received feedback as to why they weren't funded last year. Mr. Pedroza stated that
they understood that there were funding cuts which made it difficult for the City to fund all
requests. Dr. Stream asked staff if there is a way for each requesting organization to receive
feedback from their application. Ms. Ingram noted that the minutes from the final meeting are
sent to each agency. Mr. Pedroza explained that the need still exists in each of the two
neighborhoods. Dr. Stream asked about the crime statistics and how they know that the service
is helping lower the neighborhood crime rate. Mr. Pedroza stated that statistics supporting this had been available in the past but an analysis has not been done recently. Mr.
Bortnem asked
about the age level of the children. Mr. Pedroza stated that they serve seven to twelve year olds.
Ms. Vicars-Nance asked about the Parks Foundation. Mr. Pedroza said they gave about half of
the funds needed for the programs. Members discussed the busing of the children to UNT.
Right now they use City vans. Ms. Vicars-Nance noted that it used to be a "drop-in" program
but added that she realizes that they can't do that anymore. The free summer lunch program is
also available for both camps.
Mr. Pogue asked Mr. Pedroza if it was correct that they don't receive United Way or other
funding since they are a City program. Mr. Pedroza indicated that this was correct. Dr. Stream asked from what other sources they request funding. Mr. Pedroza stated that they
request City
funding but do not normally receive it. Fundraisers are also out for City programs. Ms. Ross
commented that these two programs were developed specifically because of PARR staff s
awareness of the use of CDBG funds to serve low/moderate income neighborhoods.
Members discussed trying to visit the agencies in future years.
COURT APPOINTED SPECIAL ADVOCATES (CASA)
Sherrie Gideon, Executive Director, and Janie McLeod, Board president, representing the Court
Appointed Special Advocates (CASA) provided the agency's request for funding. Ms. McLeod
stated that the board has athree-year strategic plan and that the entire board contributes financially to the agency. Two organizations have approached CASA and wanted to give
them
the funding received from their fundraising events. Ms. Gideon discussed the program and the
organization's challenges: a lack of foster homes, turnover in the local Child Protective Services
office, and educating the legislators about the child care system and how it is affecting the
children. Ms. Gideon stated that CASA is going to sponsor some foster parent recruitment
activities. Ms. McLeod talked about the attention that CASA advocates are able to provide for
the children.
Mr. Dalton asked about the difference between CASA and the Children's Advocacy Center. Ms.
Gideon stated that CASA serves children in civil cases only. The Advocacy Center serves
children that are involved in a criminal court case. Only about five percent of the cases overlap. Most of the children that the Advocacy Center is serving have not been removed
from their
home. She reviewed the role of the Advocacy Center and noted that each agency serves a
different function. Dr. Stream asked if they have been to other agencies and service clubs in
town for funding. They discussed requesting funding from the Rotary Club. Members discussed
the foster parent system. Dr. Stream asked how many foster parents adopt the foster child that
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they are caring for. Ms. Gideon stated that this would be a good statistic to have but she
currently did not know.
CHILDREN'S ADVOCACY CENTER OF DENTON COUNTY (CACDC)
Dan Leal, Executive Director, and Jim Martino, Board Member, presented the funding request.
Mr. Leal stated that they are asking the committee to support funding for the agency that would
not be included in the human services budget. Mr. Martino stated that the services provided are
state-mandated. If the agency did not exist, the services would have to be funded by the City.
The Advocacy Center acts as liaison between the law enforcement agency and the family. He added that right now, Children's Advocacy cannot carry out a capital campaign and don't
have
enough space to conduct needed service activities. Mr. Martino added that if the City tried to
carry out this function, it would cost much more than the Advocacy Center is requesting. He
added that they are talking to the City Council and asking to be included as a line-item in the
budget. However, they don't want to be left without any funding.
Mr. Gregory asked if this was astate-mandated agency or do they provide astate-mandated
service. The presenters responded that the State sets up the structure for these agencies but does
not provide total funding. Committee members had various questions regarding the budget and
the fair share information for each city is discussed. It was noted that 20% of those served by the agency are from the City of Denton. Mr. Leal mentioned that the Police Department
has
supported the fair share support. Dr. Stream asked how they calculate the fair share. Mr. Leal
explained the process and handed out a "fair share" chart showing the amount requested from
each community.
Mr. Newland asked what Mr. Martino meant by his comment that it was either "pay now or pay
later." Mr. Martino noted that the City would pay much more than this for the service than what
the Advocacy Center is requesting. Mr. Leal stated that the program helps children as they
become juveniles and adults. Mr. Gregory noted that there was an issue in the 2006 audit that
also showed up in the 2007 audit. Mr. Leal asked if it was about the donor system and then stated that the agency is working on that. Mr. Martino noted that an employee was not
doing this
correctly but now, they are able to track the funding correctly.
AIDS SERVICES OF NORTH TEXAS
Suzan Stambaugh, representing AIDS Services of North Texas and Health Services of North
Texas, provided information about their request. She stated that their statistics do not include
the most up-to-date information due to the large number of households that they service. Thirty-
fourpercent ofclients came from Denton. The statistics do now support that AIDS is affecting
the young and the very old. They are now getting people who have lived with the disease for 20
years and it is beginning to catchup with them and their ability to obtain treatment. Ms.
Stambaugh discussed federal Ryan White funding and that 75% of the funding has to be spent for "core" services. So the food program is in the 25% where federal funds can't be used.
She
discussed how they are trying to find alternative funding sources for the nutrition program.
Dr. Stream asked about the "fair share" concept based on where a client is from. Ms. Stambaugh
indicated that they haven't looked at that approach. She discussed the infectious nature of the
disease and how this could affect a community with only a few AIDS clients. She stated that
they would take a look at that fundraising methodology. Mr. Bortnem asked if AIDS Services
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manages their food pantry program. Ms. Stambaugh responded that they did. Ms. Stambaugh
stated that they do help the clients obtain food stamps. Dr. Stream asked about the income
characteristics. Ms. Stambaugh stated that the average income for their clients is about $7,500
per year. She discussed co-pay requirements.
CAMP SUMMIT
Carla Weiland and Lisa Braziel from Camp Summit discussed the programs provided at the
camp. They explained that it is a residential camp for persons with disabilities. Ms.Weiland
stated that this is the only time that campers get a weekend away from their caregivers. The families also get time where they don't have to care for the household member. Ms.
Weiland
provided information about the volunteers from UNT & TWU that are positively impacted by
what they learn at the camp. There is no age limit for the campers. Ms. Braziel stated that
Camp Summit has been in Denton County for 61 years. Most of the campers have very limited
incomes and this funding helps them to be able to participate. Ms. Sams asked if there are
separate programs for the children. Ms. Weiland indicated that there were separate programs.
They use over 300 volunteers for the programs. Mr. Bortnem asked where the camp is. Ms.
Braziel stated that they are in Argyle. Mr. Newland stated that he had heard that they were
moving the facility soon. Ms. Weiland stated that at some point, they are moving to Sunset,
Texas, of Montague County.
ACORN HOUSING CORPORATION
Ms. Sherrie Randall provided the presentation for ACORN Housing Corporation. She noted that
ACORN is a HUD and Fannie Mae housing counseling agency. She continued that they want to
help people in Denton to save their homes. Without additional funding, they could only serve a
limited number of families in the Denton area. Ms. Randall indicated that ACORN is seeing that
people don't feel that there are any options and the agency wants to counsel the families and
explain that the lenders usually will work with them to help them keep their home. Mr. Newland
asked how ACORN would get the word out to the community about the services. Ms. Randall
said that they'll hand out flyers in the community, talk at churches, etc. Ms. Sams asked about the current percentage of clients from Denton County. Ms. Randall said she didn't
know the
percentage but that they are serving clients in Denton. Ms. Vicars-Nance pointed out that the
funds wouldn't be available until August or September and asked how this would affect the
families that ACORN wants to serve. Ms. Randall stated that she is currently working with the
Denton Housing Authority to assist clients. Ms. Ross asked why she was working with an
organization that provided rental assistance when it appeared that ACORN's focus was toward
owners. Ms. Randall responded that ACORN works with these families on credit issues to get
them ready for home ownership. Mr. Bortnem asked about salaries for personnel. Ms. Randall
responded that the starting salary for housing counselor is $26,000.
Mr. Newland commented the new areas of Denton County such as Providence and Savannah are
seeing a lot of foreclosures.
Ms. Ingram and Ms. Hillman reminded members to submit their evaluation forms as soon as
possible.
The meeting was adjourned.
Page 67
OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING March 10, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Mari Metzgar, Steve Pogue,
Geri Sams, Vanessa Sims, and Jodi Vicars-Nance
Members Absent: Jan Hillman, Everette Newland, and Dr. Richard Stream
Staff Present: Rachel Ingram, Barbara Ross
Vice-Chair Jodi Vicars-Nance called the meeting to order.
Members discussed the request from the Children's Advocacy Center of Denton County
(CACDC) and the "fair share" amount that they were requesting from City Council. It was
determined that the CACDC wanted a letter of support from the HSAC but still wanted an
allocation in the human services budget in case the "fair share" was not approved. Members
agreed to prepare a letter of support for the CACDC's proposal submit it to City Council. Ms.
Ross stated that she believed that Mr. Leal from CACDC was not asking for funding from both
sources but, thought that any human services funds awarded would not be accepted if the "fair
share" allocation was awarded. Ms. Metzgar commented that HSAC could then reallocate the
human services funding. Ms. Vicars-Nance was concerned about the "mandate" mentioned by
Mr. Leal regarding these services. She requested that staff ask for an explanation and documentation of the mandate before a support letter was written. Mr. Bortnem suggested
that
the CACDC staff be requested to draft the letter. Ms. Ross noted that the City budget would not
be approved until August or September.
Ms. Ingram provided the committee with information from their assessments including the
average allocation amounts. She also read the responses of those members that were not present.
Members reviewed the list of requesting agencies and discussed the amount of funding that
should be recommended for their program activities. Members agreed that they would go
through the list and make recommendations, however, they would be able to go back and make
revisions as needed, based on the total budget numbers.
ACORN HOUSING CORPORATION
Members agreed that it was not clear how the organization planned to serve Denton and how
their program would impact affordable housing in the community. It was recommended that
ACORN receive no funding.
AIDS SERVICES OF NORTH TEXAS
Mr. Pogue commented that AIDS Services seems to have opportunities to raise funds that many
agencies serving only the local community do not have. Ms. Metzgar said that she believed that
they were asking for additional money because they had lost an important food donor. Members
discussed that food costs were going up. Members agreed to recommend $12,000 in funding.
Page 68
CAMP SUMMIT
Ms. Fletcher asked if there was an amount where the camp could still fund a specific number of
children and/or adults. Ms. Ingram explained that any money would go toward scholarships.
Mr. Bortnem stated that he was not able to find a justification according to the activities
described as needs in the Denton community. Mr. Pogue added that even a small amount from
the City helps agencies access other funding. Members agreed to recommend $4,000.
COURT-APPOINTED SPECIAL ADVOCATES (CASA) Ms. Metzgar stated that their role is very important in these cases. Ms. Sams noted the turnover
at Child Protective Services and how CASA provides continuity for the families. Ms. Simms
noted that she reduced funding for most agencies to have the ability to fund others at a higher
level. Mr. Pogue indicated that his wife was a volunteer for CASA so he did not feel
comfortable voicing his opinion. The members agreed to recommend funding of $10,000.
CHILDREN'S ADVOCACY CENTER OF DENTON COUNTY (CACDC)
Mr. Gregory stated that he recommended $20,000 to show support by the HSAC for the
organization, the services they provide and their additional request for "fair share" funding.
Members discussed the intent of the request from CACDC. Ms. Ingram explained the agency's campaign to obtain "fair share" funding from all the local governments they serve. However,
they did not want to give up the human services dollars. Members agreed to recommend funding
of $9,000.
CITY OF DENTON PARKS & RECREATION - MLK & DENIA PROGRAMS
Members agreed to discuss both programs. Ms. Fletcher and Mr. Bortnem asked staff about the
programs and whether the service was provided last year. Ms. Ross stated that the programs
have continued but, without CDBG funding, they're not able to serve as many children. Ms.
Vicars-Nance indicated that members discussed that it is a City program and that the Parks
Foundation should take a bigger lead. Ms. Sams mentioned the concern with the busing of the children. Mr. Bortnem asked why these weren't funded out of the Parks Department.
Ms. Ross
noted that these two programs were created when the City began receiving CDBG funds. The
Parks Department knew that CDBG was designed to assist low-mod household and
neighborhoods and thought that these programs would help both. Ms. Ingram explained the
difference between the Denia (Owsley) Playground Program and the Owsley Community
School. Members reviewed the application information regarding how many children would be
served and discussed the role of the Parks Foundation in supporting the programs. Members
discussed funding for the programs and why there are no alternative sources for these programs.
It was noted that the neighborhoods depend on these programs. Ms. Sams suggested giving them
half of what they requested. Ms. Ingram clarified that the funding is requested for staff salaries.
Members agreed that the programs are good programs. Mr. Gregory suggested recommending funding of $7,000 for each program and looking back if needed to revise the amount.
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
Ms. Metzgar noted that this is a prevention program. She commented that they are partnering
with other organizations to provide these services. Eighty percent (80%) of those served are City
Page 69
of Denton residents. Ms. Vicars-Nance stated that she felt there were other more pressing needs.
Members agreed not to recommend funding for the program.
DAY STAY FOR ADULTS
It was noted that Day Stay is the only organization in Denton County providing this service. Ms.
Metzgar also pointed out the very limited payment that they receive from Medicaid to provide
this service. Ms. Fletcher stated that this was definitely a need. Members agreed to recommend
$6,500 in funding.
DENTON CHRISTIAN PRESCHOOL
It was noted that all members supported funding for the agency and all the recommendations
were above $20,000. Members agreed to recommend the average amount of $22,500.
DENTON CITY COUNTY DAY SCHOOL
Members agreed to recommend the average of $26,500.
SENIOR HOUSING - FAIRHAVEN RETIREMENT HOME
Ms. Sams stated that this is one of the only facilities that is less expensive and houses low
income seniors. She added that the reorganization was working but they need help to get through the transition period. Members agreed to recommend funding of $8,500.
Ms. Sams had to leave at this time.
COMMUNITY FOOD CENTER
Ms. Vicars-Nance asked if the committee wanted to fund the total amount requested, which was
$4,000. Ms. Metzgar noted that they do a wonderful job with an all volunteer workforce.
Members discussed whether they had to come back last year and ask for additional funding for
food. Ms. Ingram explained that the reallocation was due to the funds available after the Owsley
Community School stopped providing services. Members agreed to recommend funding of $4,000.
DENTON COUNTY FRIENDS OF THE FAMILY
Ms. Fletcher noted the important need in this area. Members agreed to recommend $24,000 in
funding.
FAMILY HEALTH CARE, INC.
It was noted that the actual request from Family Health Care, Inc. was very close to the average
recommended by HSAC members. The members decided to round the original amount
requested and recommend funding of $23,500.
FRED MOORE DAY NURSERY SCHOOL
Members discussed the financial problems the agency is having. Ms. Fletcher stated that she felt
it would be hurting the children and families served if funding were cut due to poor staff
oversight and management. Ms. Vicars-Nance and Ms. Metzgar commented that funding equal
to past amounts should not be provided after these problems have surfaced. Ms. Sims reminded
members that the funding is reimbursed so that the services would have been provided. Ms.
Page 70
Vicars-Nance indicated that there should be some repercussions for the mismanagement. Mr.
Gregory stated that he moved from wanting to provide more funding to help them out to feeling
strongly that the governing agency should be paying attention to what is going on. Ms. Ross
added that the agency has given back $195,000 to expand their facility. They gave the funding
back knowing that they weren't ready to do the project yet. Ms. Fletcher commented that the
funding was for teacher's salaries. It was noted that this day care and City County are the only
two sliding scale day cares providing services for low-income households in Denton County.
Ms. Ross also noted that the board's new secretary treasurer is an accountant and is doing quite a
bit to straighten out the agency's finances. Members agreed to recommend $22,000, which is $5,000 less than last year's amount. Ms. Ross commended Rachel Ingram for working with
Fred
Moore and requiring that they submit an audit prior to receipt of any additional payments. This
is when staff found out about the financial problems and initiated the dialogue about ending the
contract for the expansion.
HOPE, INC., TRANSITIONAL HOUSING
Mr. Pogue stated that he recommends funding but noted that they serve only eight to twelve
households per year. Ms. Vicars-Nance and Ms. Ingram commented that since, this is housing
assistance and intensive counseling and, the families are in the program for more than one year,
it is expensive. Members agreed to fund the program at $21,000.
HOPE INC., HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
Ms. Ingram stated that these are the funds that are used as match for Continuum of Care HUD
homeless funds and that $18,000 is basically a minimum amount. Members agreed to
recommend funding the HMIS at $18,000.
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
Ms. Fletcher asked if this funding was being used to support the volunteer placement specialist
and that this position would be maintained in any case. Ms. Vicars-Nance stated that the position
would have to go down to part-time if the funding was not received. Members agreed to recommend funding of $8,000.
SPECIAL PROGRAMS FOR AGING NEEDS (SPAN)
Members reviewed the amount of funding they have currently allocated. It was suggested that
they put down $17,500 for SPAN and then take a look and revise the recommended allocations
where necessary.
Ms. Ingram gave the committee the total of their current recommendations - $251,000. This is
approximately $10,000 more than last year's budget. Ms. Vicars-Nance reminded HSAC
members that they could recommend an increase in the amount funded by the City if they so
desired. She noted of course that City Council could disagree with the proposed increase and ask the HSAC to re-evaluate and provide revised recommendations as they have in a couple
of
instances. It was noted that the population is growing and this means that more people may need
to be served.
Page 71
Mr. Pogue asked about the funding history. Ms. Ross stated that about three or four years ago,
Council reduced the amount of general funds and began to base the amount of general funds
provided on a one dollar per capita amount. Last year a small increase was approved.
Mr. Bortnem asked about providing additional funding for Fred Moore Day Nursery School.
Ms. Vicars-Nance responded that she did not believe the committee could ignore the financial
mismanagement. Members continued to discuss the issue and other more minor problems
identified in the audits of other agencies. Members agreed that they still support the agency and
that the recommended funding allocation sends that message.
Members continued to discuss the Children's Advocacy Center and Fred Moore Day Nursery
School. Mr. Gregory stated that the next time Fred Moore requests funding, they need to provide
the plan as to how they are going to repay the payroll taxes owed.
Mr. Gregory moved to approve the funding recommendations as stated by the committee. Mr.
Bortnem seconded the motion. The motion passed unanimously.
Ms. Sims asked if they would reconvene to reallocate funds if the Advocacy Center received
their "fair share" allocation. Ms. Ross indicated that the City Council does not make their final
budget decisions until August or September.
Ms. Sims described how the motion for support of the "fair share" allocation for the Advocacy
Center should be stated. The motion included that the Advocacy Center would write a letter for
stating the HSAC's support of the "fair share" allocation to be budgeted by the City. The motion
also included that if the "fair share" is included as a line item in the City of Denton budget, the
HSAC would reconvene and reallocate the $9,000 originally recommended as human services
funding for CACDC. The motion was made by Ms. Sims and seconded by Mari Metzgar.
The motion passed unanimously.
The meeting was adjourned.
Page 72
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of 69kV and 13 8kV Instrument Transformers for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3981-Purchase of
69kV and 13 8kV Instrument Transformers awarded to the lowest responsible bidder meeting
specification for each line item in the total initial expenditure amount of $119,401 for identified
substation project requirements). (The Public Utilities Board approved this item by a vote of
(4-0).
BID INFORMATION
This bid is for the purchase 69kV and 13 8kV Instrument Transformers. Instrument Transformers
are necessary for transforming 69kV and 13 8kV currents and voltages to levels that can be used
for metering, and to control and protective relaying functions in transmission and distribution
stations. Metering and controlling and protecting relaying will not function without the use of
Instrument Transformers.
The bid was structured as two tiered to allow suppliers to provide pricing for both aone-time
order and for an annual agreement. The right to award using either or both methods was
specified in the bid document. An analysis of the two tiered pricing structure and a
recommendation for each line item is included in the Public Utilities Board Agenda Information
Sheet attached as Exhibit 1.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Award to the lowest responsible bidder for each line item of the unit price One year Agreement
as shown on Exhibit A of the ordinance. Award to the lowest responsible bidder of the unit price
Immediate Purchase Section as listed below for an estimated immediate purchase expenditure of
$119,401.
Agenda Information Sheet
May 6, 2008
Page 2
RECOMMENDATION(CONTINUED)
Item# Vendor
1,4,5 Trench Ltd.
2,6-8 Instrument Transformer Equipment Corp.
1, 3 - 8 AREVAIRitz
PRINCIPAL PLACE OF BUSINESS
AREVAIRitz clo Preferred Sales Instrument Transformer Equipment Corp.
Arlington, TX Charlotte, NC
Kuhlman Electric Co. Trench Ltd. clo Keasler Associates
Versailles, KY Scarborough, ON Canada
ESTIMATED SCHEDULE OF PROJECT
Delivery time for each line item varies from eight to forty-four weeks.
FISCAL INFORMATION
The transformers for the one time purchase amount will be funded from the following accounts:
602099493.1350.3620 $30,616
600126493.1350.3620 $ 3,827
602153494.1350.3530 $17,751
600005488.1350.3530 $17,751
602152494.1350.3530 $24,548
600005488.1350.3530 $24,908
$119,401
The transformers purchased from the one-year agreement will be funded from specific DME
project accounts as requirements for new transformers are identified.
EXHIBITS
Exhibit 1: Bid Tabulation
Exhibit 2: Public Utilities Board Agenda Sheet without Exhibits
Agenda Information Sheet
May 6, 2008
Page 3
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3981
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Exhibit 2
PUBLIC UTILITIES BOARD AGENDA ITEM #
AGENDA INFORMATION SHEET
AGENDA DATE: April 14, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of the unit prices in Bid #3981 and awarding agreements for
the purchase of instrument transformers to the lowest line item bidders (Instrument Transformer
Equipment Corp. in Monroe, NC; Kuhlman Electric Co. in Crystal Springs, MS; Areva/Ritz in
Waynesboro, GA; and Trench in Scarborough, Ontario) in the total initial expenditure amount of
$119,401 for identified substation project requirements.
BACKGROUND:
Bid #3981 is to purchase 69kV and 138kV instrument transformers. Instrument transformers are
necessary for transforming 69kV and 13 8kV currents and voltages to levels that can be used for
metering, control and protective relaying functions in transmission and distribution stations.
Metering, control and protective relaying will not function without the use of instrument
transformers.
The bid was structured to allow suppliers to provide pricing for aone-time order and for an
annual agreement. This was done to discover price differences in the two approaches. The right
to award using either or both methods was reserved. The bids are summarized in Exhibit 1.
ITEC had the lowest prices on most items; however, they elected not to seek an extended annual
agreement. Most vendors quoted similar pricing between the two options. The first option
includes aone-time order of identified station requirements:
9 - 69kV PT
6 -138kV PT
4 -138kV CT 150/300:5
4 -13 8kV CT 1000: 5
The second section provides a mechanism for the immediate purchase of instrument transformers
that need to be installed or replaced during the agreement term due to failure or damage. The
maj ority of recent DME substations utilize structural steel mounting platforms that were
designed around the Areva/Ritz instrument transformer mounting and bolt spacing. Substation
steel modifications will be required in order to mount a different manufacturer's instrument
transformer should an existing unit fail. Since the ArevalRitz annual agreement pricing was
essentially the same as their immediate order pricing, it is prudent to award the annual agreement
section II simultaneously with section I.
Standard City of Denton purchasing procedures were followed, and 24 notices were provided to
prospective bidders. Five (5) bids were received. Bid evaluations are summarized in Exhibit 1.
AIS -PUB Agenda Item #
April 14, 2008
Page 2 of 3
OPTIONS:
1. Recommend approval of the line item unit pricing in Bid #3981
2. Do not recommend approval of the line item unit pricing in Bid #3981
RECOMMENDATION:
DME recommends approval of the unit prices in Bid #3981 to the lowest bidder for each line
item. In the immediate purchase Section I: award line items 1, 4 and 5 to Trench; line items 2,
6-8 to ITEC; and line item 3 to Areva/Ritz. In the annual agreement Section II: award line items
1, 3 - 8 to Areva/Ritz; and line item 2 to Kuhlman.
ESTIMATED SCHEDULE OF PROJECT:
A Purchase Order for the identified items listed on page one, of this Agenda Information Sheet
will be issued after City Council approval. The instrument transformers have an estimated
delivery time anywhere from seven to 44 weeks depending on the specific line item or
manufacturer.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None
FISCAL INFORMATION:
The expenditure for identified instrument transformer requirements is $119,401 and will be
expensed against the specific DME project account number.
BID INFORMATION:
Exhibit 1 is a summary of the bids.
DATE SCHEDULED FOR COUNCIL APPROVAL:
May 6, 2008
EXHIBITS:
1. Evaluation of Bid
Respectfully submitted:
Phil Williams, General Manager of Electric Utilities
Denton Municipal Electric
Prepared by:
Chuck Sears, Engineering Division Manager
Denton Municipal Electric
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF 69KV AND 13 8KV INSTRUMENT TRANSFORMERS FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 3981-PURCHASE OF 69KV AND 138KV
INSTRUMENT TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER
MEETING SPECIFICATION FOR EACH LINE ITEM IN THE TOTAL INITIAL EXPENDITURE
AMOUNT OF $119,401 FOR IDENTIFIED SUBSTATION PROJECT REQUIREMENTS).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3981 lc,4c,5c, Trench Ltd. Exhibit A
3981 ld,3c,3d,4d,5d,6d, AREVA/Ritz Exhibit A
7d, 8d
3981 2c,6c,7c,8c Instrument Transformer Equipment Exhibit A
Corp.
3981 2d Kuhlman Electric Co. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-BID 3981
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Ut111t1eS
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18 OPEN MEETING:
19
20 ITEMS FOR INDIVIDUAL CONSIDERATION:
21
22 4) Consider recommending approval of the unit prices in Bid #3981 and awarding agreements
23 for the purchase of instrument transformers to the lowest line item bidders (Instrument
24 Transformer Equipment Corp. in Monroe, NC; Kuhlman Electric Co. in Crystal Springs, MS;
25 Areva/Ritz in Waynesboro, GA; and Trench in Scarborough, Ontario) in the total initial
26 expenditure amount of $119,401 for identified substation proj ect requirements.
27
28 Board Member Gallivan asked about the disparity in the bids received from Areva. Chuck Sears,
29 Engineering Division Manager, replied these are electrical equipment manufacturers and the cost
30 of copper and steel depends on the purchase agreements they have for raw materials. Gallivan
31 inquired if delivery time was an issue. Sear replied the delivery time on the items needed
32 immediately is not an issue, but that staff anticipates that some of the larger items could have a
33 longer delivery time.
34
35 Board Member Grubbs moved to approve Item 4 with a second from Board Member
36 Gallivan. The motion was approved by a 4-0 vote.
37
3 8 The meeting was adj ourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of Gang Operated Air Break Switches for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3983-Annual Contract
for the Purchase of Gang Operated Air Break Switches awarded to the lowest responsible bidder
meeting specification for each line item total estimated annual expenditure amount of $110,000.
(The Public Utilities Board approved this item by a vote of (4-0).
BID INFORMATION
Bid 3983 is to supply distribution Gang Operated Air Break (GOAB) switches that Denton
Municipal Electric (DME) installs on the electrical distribution system. The bid includes both
horizontally mounted and vertically mounted overhead GOAB switches. Switches are an
essential part of the distribution system that allow isolation and reconfiguration ofcircuits.
Without purchase of GOAB switches, DME cannot construct nor maintain overhead three-phase
electric facilities or provide electric service to new overhead and underground customers.
Approximately two-dozen switches will be used during the construction of planned transmission
lines to support the new RD Wells Interchange, Bonnie Brae Substation, and Fort Worth
Substation.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Award to the lowest responsible bidder meeting specification for each line item in the estimated
annual expenditure amount of $110,000.
PRINCIPAL PLACE OF BUSINESS
HD Supply Stuart C. Irby Co.
Corinth, TX Richland Hills, TX
Agenda Information Sheet
May 6, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and maybe
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
These items will be issued out of Warehouse stock as they are needed and charged back to the
appropriate project account.
EXHIBITS
Exhibit 1: Bid Tabulation Sheet
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3983
Bid #3983 Exhibit 1
Date: 3/ 11/08
ANNUAL CONTRACT FOR DISTRIBUTION GOAB SWITCHES
ITEM Est. Stock # DESCRIPTION VENDOR VENDOR VENDOR Qty.
HD Supply Stua Co .Irby Techline, Inc.
Principle Place of Business: Corinth, TX Richl TX Hills, Ft. Worth, TX
Horizontal Mounted
1 12 28586250 Vector, 25kV, 3phase Steel Crossarm GOAB Switch, $2,353.00 $2,629.00 $2,523.00 Horizontal Mount Bridges #DE973X-31A
2 1 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2,635.00* $2,945.00 $2,826.00*
Bridges #DE973XF-31A
3 1 NA 25kV, 3phase Fiberglass Crossarm GOAB Switch, S & C No Bid $4,184.00 No Bid 147443r2-A2-ED-701 R2S2
4 25 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2,483.00* $2,774.00 $2,662.00* Bridges #DE973X-31 E
5 1 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2 787.00* $3,114.00 $2,988.00*
Bridges #DE973XF-31 E
Horizontal GOAB Totals $111,141.00
Vertical Mounted
6 1 28586180 Topper, Riser, 15kV, 3phase, GOAB Switch, Vertical Mount, $2 599.00* $2,904.00 $2,787.00*
Bridges #DE1272V-31A
7 1 NA Vector, Vertical (Cable Riser) 25kV, 3phase Steel Crossarm $2 487.00 $2,778.00 $2,667.00* GOAB Switch, Bridges #DE973V-31A
8 1 NA Vector, Vertical (Cable Riser) 25kV 3phase Fiberglass $2,717.00* $3,036.00 $2,914.00* Crossarm GOAB Switch, Bridges #DE973VF-31A
9 1 NA 25kV, 3phase Fiberglass Crossarm GOAB Switch, S&C No Bid $3,977.00 No Bid
#147533R2-A2-ED-701 R2S2
Vertical GOAB Totals $123,836.00 $19,367.00
TOTALS $18,061.00 $123,836.00 $111,008.00
Unit price to change a 1200A Continuous Current Ranting
Adder instead of the standard 900A Current Rating on the above $77.00 $95.00 $78.00
switches
Delivery days 6-8 weeks 6-8 weeks 6-8 weeks
*See bid for
Bidder's Comments: *See bid for exceptions -pricing exceptions firm through
12/31108
Bidder is an authorized distributor, by the manufacturer, and is Yes
authorized to sell to the City of Denton? YES or NO
*Prices shall be bid F.O.B. Denton
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF GANG OPERATED AIR BREAK SWITCHES FOR
DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3983-ANNUAL CONTRACT FOR
THE PURCHASE OF GANG OPERATED AIR BREAK SWITCHES AWARDED TO THE
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH LINE ITEM
TOTAL ESTIMATED ANNUAL EXPENDITURE AMOUNT OF $110,000).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3983 1, 2, 4-8 HD Supply Exhibit A
3983 3, 9 Stuart C. Irby Co. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-BID 3983
Bid #3983 Exhibit A
Date: 3/ 11/08
ANNUAL CONTRACT FOR DISTRIBUTION GOAB SWITCHES
ITEM Est. Stock # DESCRIPTION VENDOR VENDOR Qty.
HD Supply Stuart C. Irby Co.
Principle Place of Business: Corinth, TX Richland Hills, TX
Horizontal Mounted
1 12 28586250 Vector, 25kV, 3phase Steel Crossarm GOAB Switch, $2,353.00 Horizontal Mount Bridges #DE973X-31A
2 1 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2,635.00*
Bridges #DE973XF-31A
3 1 NA 25kV, 3phase Fiberglass Crossarm GOAB Switch, S & C $4,184.00 147443r2-A2-ED-701 R2S2
4 25 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2,483.00* Bridges #DE973X-31 E
5 1 NA Vector, 25kV, 3phase Fiberglass Crossarm GOAB Switch, $2 787.00*
Bridges #DE973XF-31 E
Vertical Mounted
6 1 28586180 Topper, Riser, 15kV, 3phase, GOAB Switch, Vertical Mount, $2 599.00* Bridges #DE1272V-31A
7 1 NA Vector, Vertical (Cable Riser) 25kV, 3phase Steel Crossarm $2 487.00 GOAB Switch, Bridges #DE973V-31A
8 1 NA Vector, Vertical (Cable Riser) 25kV 3phase Fiberglass $2,717.00*
Crossarm GOAB Switch, Bridges #DE973VF-31A
9 1 NA 25kV, 3phase Fiberglass Crossarm GOAB Switch, S&C $3,977.00 #147533R2-A2-ED-701 R2S2
Unit price to change a 1200A Continuous Current Ranting
Adder instead of the standard 900A Current Rating on the above $77.00 $95.00
switches
Delivery days 6-8 weeks 6-8 weeks
Bidder's Comments: *See bid for exceptions
Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? YES or NO
*Prices shall be bid F.O.B. Denton
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Ut111t1eS
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18 5) Consider recommending approval of the line item unit prices in Bid #3983 and awarding an
19 annual contract for the purchase of distribution voltage gang operated, air-break switches to
20 the two lowest bidders (HD Supply based in Corinth, Texas and Stuart C. Irby based in
21 Richland Hills, Texas) in the total estimated annual expenditure amount of $110,000.
22
23 Board Member Grubbs asked why this one is called an annual contract while the others were not.
24 Sears replied that having the purchase agreement on an annual basis will allow staff to make an
25 initial purchase, and since this is an item which is used all of time, staff will then be able to
26 purchase it on an as-needed basis.
27
28 Board Member Grubbs moved to approve Item 5 with a second from Board Member
29 Gallivan. The motion was approved by a 4-0 vote.
30
31 The meeting was adjourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tom Shaw 349-7100
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute Change Order
Number One to the contract between the City of Denton and Jagoe-Public Company; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3708-Change Order
Number One for an additional one year term in the estimated amount of $1,875,000).
CONTRACT INFORMATION
The sections of this annual contract allow for turn-key street repair or construction projects up to
approximately $250,000. Each of the annual contract sections allow the City of Denton to get
more projects on the ground in an expedited manner by combining the bid process into one
annual activity. Projects estimated to exceed $250,000 may be competitively bid outside this
contract agreement.
CHANGE ORDER INFORMATION
The terms and conditions of Bid 3708 allow for up to three additional one-year term extensions
with all line item prices remaining unchanged. This Change Order reflects aone-year extension
of the Agreement approved in June 2007, as well as a not to exceed 25% ($375,000) increase in
the annual estimated amount. The line item bid prices remain unchanged.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Council approved the first year award of Bid 3708 to Jagoe-Public Company in the estimated
amount of $1,500,000 on June 5, 2007.
RECOMMENDATION
Approve Change Order One extending the contract for one year for a total annual estimated
expenditure of $1,875,000.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
Agenda Information Sheet
May 6, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract with an option to renew for additional one-year periods contingent
upon all prices, terms and conditions remaining the same. Schedules for individual projects will
be determined as Notice to Proceed letters are issued.
FISCAL INFORMATION
Projects associated with this Agreement will be funded from Bond sales, Certificates of
Obligation, CIP funds, and or appropriate budget accounts.
EXHIBITS
Exhibit 1: Unit Prices Awarded by Council
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3708 Change Order One
Exhibit 1
BID # 3708
DATE: May 10, 2007
Annual Contract for As halt and Concrete Street Sections and Repairs
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
1 Cut and Remove 4" Concrete Sidewalk
1,000 SY 500 to 2000 SY $11.00
3,500 SY 2001 to 5000 SY $7.50
2 Replace 4" Concrete Sidewalk
1,000 SY 500 to 2000 SY $44.00
3,500 SY 2001 to 5000 SY $42.00
3 Cut and Remove 6" Concrete Pavement
1,000 SY 500 to 2000 SY $13.00
3,500 SY 2001 to 5000 SY $8.00
4 Replace 6" Concrete Pavement
1,000 SY 500 to 2000 SY $55.00
3,500 SY 2001 to 5000 SY $53.00
5 Cut and Remove 8" Concrete Pavement
1,000 SY 500 to 2000 SY $15.00
3,500 SY 2001 to 5000 SY $10.00
6 Replace 8" Concrete Pavement
1,000 SY 500 to 2000 SY $62.00
3,500 SY 2001 to 5000 SY $57.00
Page 1 of 6
Exhibit 1
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
7 Cut and Remove 10" Concrete Pavement
1,000 SY 500 to 2000 SY $20.00
3,500 SY 2001 to 5000 SY $11.00
8 Replace 10" Concrete Pavement
1,000 SY 500 to 2000 SY $75.00
3,500 SY 2001 to 5000 SY $64.00
9 Cut and Remove 24" Curb and Gutter
1,000 LF 500 to 2000 LF $8.00
3,500 LF 2001 to 5000 LF $6.75
10 Replace 24" Curb and Gutter
1,000 LF 500 to 2000 LF $18.00
3,500 LF 2001 to 5000 LF $16.60
11 Cut and Remove 2" Asphalt
1,000 SY 500 to 2000 SY $4.25
3,500 SY 2001 to 5000 SY $1.75
12 Replace 2" Asphalt
1,000 SY 500 to 2000 SY $12.00
3,500 SY 2001 to 5000 SY $7.50
13 Cut and Remove 3" Asphalt
1,000 SY 500 to 2000 SY $5.00
3,500 SY 2001 to 5000 SY $2.00
Page 2 of 6
Exhibit 1
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
14 Replace 3" Asphalt
1,000 SY 500 to 2000 SY $14.00
3,500 SY 2001 to 5000 SY $10.50
15 Cut and Remove 4" Asphalt
1,000 SY 500 to 2000 SY $5.00
3,500 SY 2001 to 5000 SY $2.00
16 Replace 4" Asphalt
1,000 SY 500 to 2000 SY $17.00
3,500 SY 2001 to 5000 SY $13.00
17 Cut and Remove 5" Asphalt
1,000 SY 500 to 2000 SY $5.50
3,500 SY 2001 to 5000 SY $2.50
18 Replace 5" Asphalt
1,000 SY 500 to 2000 SY $20.00
3,500 SY 2001 to 5000 SY $16.00
19 Cut and Remove 6" Asphalt
1,000 SY 500 to 2000 SY $5.75
3,500 SY 2001 to 5000 SY $3.50
20 Replace 6" Asphalt
1,000 SY 500 to 2000 SY $23.00
3,500 SY 2001 to 5000 SY $19.00
Page 3 of 6
Exhibit 1
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
21 Cut and Remove 7" Asphalt
1,000 SY 500 to 2000 SY $6.00
3,500 SY 2001 to 5000 SY $3.75
22 Replace 7" Asphalt
1,000 SY 500 to 2000 SY $25.00
3,500 SY 2001 to 5000 SY $22.00
23 Cut and Remove 8" Asphalt
1,000 SY 500 to 2000 SY $6.50
3,500 SY 2001 to 5000 SY $4.50
24 Replace 8" Asphalt
1,000 SY 500 to 2000 SY $29.00
3,500 SY 2001 to 5000 SY $25.00
25 Cut and Remove 10" Asphalt
1,000 SY 500 to 2000 SY $7.00
3,500 SY 2001 to 5000 SY $5.50
26 Replace 10" Asphalt
1,000 SY 500 to 2000 SY $33.00
3,500 SY 2001 to 5000 SY $29.00
27 Cut and Remove 12" Asphalt
1,000 SY 500 to 2000 SY $8.00
3,500 SY 2001 to 5000 SY $6.00
Page 4 of 6
Exhibit 1
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
28 Replace 12" Asphalt
1,000 SY 500 to 2000 SY $39.00
3,500 SY 2001 to 5000 SY $35.00
29 1-100 EA Adjust Manholes to Finish Grade -All Manholes $350.00
30 1-100 EA Adjust Ualves $190.00
31 1,000 SY Subgrade Stabilization - 6" 500 to 2000 SY $9.00
32 Lime Subgrade Stabilization - 8"
1,000 SY 500 to 2000 SY $10.00
3,500 SY 2001 to 5000 SY $4.50
33 Lime Subgrade Stabilization - 12"
1,000 SY 500 to 2000 SY $15.00
3,500 SY 2001 to 5000 SY $6.25
34 Cement Subgrade Stabilization - 8"
1,000 SY 500 to 2000 SY $11.00
3,500 SY 2001 to 5000 SY $4.50
35 Cement Subgrade Stabilization - 12"
1,000 SY 500 to 2000 SY $14.00
3,500 SY 2001 to 5000 SY $6.00
36 Lime for Subgrade Stabilization - PH Series
200 TN 1 to 1000 TN $130.00
Page 5 of 6
Exhibit 1
ITEM ANNUAL UOM DESCRIPTION VENDOR QTY.
Jagoe Public
Co.
Principle Place of Business: Denton, TX
37 Cement for Stabilization - Atterberg Limits
200 TN 1 to 1000 TN $130.00
38 700 LF Erosion Control -Silt Fence -Inlet Protection $3.00
39 750 SY Hydromulch $2.00
40 Unclassified Excavation
250 CY 1 to 500 CY $25.00
750 CY 501 to 999 CY $14.00
41 Compacted Fill to 95%
250 CY 100 to 500 CY $30.00
750 CY 501 to 1000 CY $24.00
42 Asphalt Base Failure Repair by SY-6"
250 SY 100 to 500 SY $50.00
1,000 SY 501 to 1500 SY $33.00
43 Asphalt Base Failure Repair by SY-8"
250 SY 100 to 500 SY $55.00
1,000 SY 501 to 1501 SY $40.00
Service can be performed within days 7
from receipt of order.
Bid Bond Yes
Addendum #1 Yes
Addendum #2 Yes
*Prices shall be F.O.B. Denton
Page 6 of 6
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER
NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE-
PUBLICCOMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3708-CHANGE ORDER NUMBER ONE FOR AN
ADDITIONAL ONE YEAR TERM IN THE ESTIMATED AMOUNT OF $1,875,000).
WHEREAS, on June 5, 2007 byOrdinance No.2007-120, the City awarded a public works
contract toJagoe-Public Company in the estimated amount of $1,500,000 for Asphalt and Concrete
Street Sections and Repairs;
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount, and said change order fees under the proposed
contract are fair and reasonable and are consistent with and not higher than the recommended
practices and fees published by the professional associations applicable to the Provider's profession
and such fees do not exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. One, increasing the amount of the contract between the
City and Jagoe-Public Company, in the estimated amount of Three Hundred Seventy Five Thousand
and 00/100 ($375,000) Dollars, is hereby approved and the expenditure of funds therefore is hereby
authorized in accordance with said change order. The total estimated annual expenditure amount
increases to $1,875,000.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-Bid 3708 Change Order One
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and
Buy Board Cooperative Purchasing Network for the acquisition of five vehicles for the City of
Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 4031-Interlocal Agreement for the purchase of Solid Waste
Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $574,321.42). The
Public Utilities Board recommends approval (4-0).
FILE INFORMATION
These five units are Solid Waste related acquisitions approved in the 2007-08 fiscal year budget.
A list and description of the vehicles is shown below. FA indicates a fleet addition.
Item Description uant. Price Ea Department C
1 Expedition SUV 1 $28,194.00 Solid Waste H-GAC
2 Roll-Off Refuse Truck 1 $112,250.00 Solid Waste Buy Board
3A Side Load Refuse Body Chassis 1 $109,604.00 Solid Waste H-GAC
3B Side Load Refuse Body 1 $85,200.00 Solid Waste H-GAC
4 1 %2 Ton Flatbed Truck 1 $46,999.80 Solid Waste H-GAC (FA)
SA Automated Side Loader Body 1 $94,672.00 Solid Waste H-GAC
SB Automated Side Loader Chassis 1 $97,401.62 Solid Waste H-GAC
5 $574,321.42
Cooperative agreement handling fees and service manuals are estimated at $2,000 and may vary
depending upon the number of purchase orders issued and service manuals required. All units
are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 28, 2008 meeting. All listed items
were approved in the 2007-08 budget process.
Agenda Information Sheet
May 6, 2008
Page 2
RECOMMENDATION
Award the purchase of Solid Waste vehicles through Interlocal Agreement contracts to the
vendors listed below for a total award amount of $574,321.42.
ITEM
NUMBER VENDOR AMOUNT
1 H-GAC/Philpott Ford $ 28,194.00
2 Buy Board/Rush Truck Centers $112,250.00
3A Buy Board/Rush Truck Centers $109,604.00
3B Buy Board/Rush Truck Centers $ 85,200.00
4 Buy Board/Southwest Intl. Trucks $ 46,999.80
SA Buy Board/McNeilus Truck $ 94,672.00
SB H-GAC/Rush Truck Center $ 97,401.62
$574,321.42
PRINCIPAL PLACE OF BUSINESS
Philpott Ford Rush Truck Centers of Texas McNeilus Truck & Manufacturing
Nederland, TX Houston, TX Hutchins, TX
Southwest International Trucks
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
The delivery schedule for this list of equipment varies from 10 to 220 days after receipt of an
order.
FISCAL INFORMATION
These vehicles will be funded from a Third Party Lease/Purchase Agreement which will be paid
from budgeted funds over the next five years.
EXHIBITS
Exhibit l : Vehicle and Equipment Pricing Sheets
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
y ~ Exhibit 1-Item 1 _ w~}
CONTRAC'~ PRiC~ O~H~ET Ca~ntract ; Date
For ~t~rudard Equipment Purchases No.: VaE03-0~ Pre ared.: ~11~1~H p 1 1
This Form mast be~re~ar~d ~y `~r~~rac~or and given to ,End ~Tser. -~C ~~r~~~tr~~'v~ e~ sha~~ ~e s~awr~ ire c ~
.f Se ~ ~ ITser rs~r~e~ ~o ~or~tractar, ar~d TSB also fay a cop, of ~oget~~r with ~omple~ed ~ricia ~arl~shee ~o ~ ~
~ a 7~~-993-4548. ,Pdea~e tyke or,print Iei~~y.
, u ~n~ . ;C1TY OF DENTON Contrac~ar: ;PHILPOTT MOTORS •
Co~+ract ~]yl]ICE ~LLIS ~P /
Person: ~ ;ALAN W~LEY
/ Phone: ;940 X94-$4~4 Phone; ~~88 85,?$O1
. /
L'~+ / F~~: ~VS-9118 PLEASE FAX YOUR ORDER HERE G~!]~4~: 1~1\~.EL~4 I~~~~~~~~~,~~ ~~1~~. ICiYYI~~ V4~ jQ~i.~.rVa II
Prodact ~ 1108 Uescti dog: / U15 FURD ~l~PE
bode. P ~ DITION .
Product Item $ae ITnit Price Per Cvntraetor's H~~AC Contract: qy ~~•y{ ~~,519.D0
Published Options - Itern~~e be~o~ ~ Attach additi~n~~~ sheets} ~ necessary - Include ~ptran Cade in description ~f appiica~le.
Date: Published Options are options which were submitted and pricred in Contractor's bid.}
Description ~ host Description Cost
74 REAR AIC AND HEAT OPTION THAT t5 ; $ 6D6.a(} 5,4L GAS A~T~~I-AT1C . ' STIR
1 EUIRED ON ALL 208 MODELS CLOTH BUCITS FRONT' J~O FLOOR CONSOLE STD
875 ~RD ROW SEAS w ~ ' ter ~ - ~ ~42."~ J MIDI~~,~j V~1YL ~ R / Graj'i2 ~C. ~~j, g w".i~~~ti .tr'1~~,';~~:*~ x'`;"' / ~ rr4~; l~L7V
Jam!'': ~-+i`4Ty ~ ~l1D~L~ FLVV 1 1■T~1~~~4~J
2I S CLOTH AND ' R~}'U~~~EAT~~~°~` r.~ at'y ~ ~ : f~~ _,{rv~X[f[1 [[~~''.yy11llAA~~ ~ I~Vl1~~11?~s'I~~/~f1'. {/'.4 -3 'Sef'->a"f ~k'-,- .~~~i:}. f• ,i. /
~w?;v '-1-. L1~1~1lV •'-!'t.'4"+!i~-.V~~+'~'V J4J`•'`z ~
n. ~k~~ ' _ S-LOCKS-M~RRDR STD ~ ",i'1' -'.r;; :r." `'-~•r.. ,~y. _ Jr+. ` ~ a-_..~.w,ISNK 'N'-R:.~y~:.: u'r t~ix, r: ~
'i. ~~;t f,~Y,~yi~«,~.Sti / '.iY~_..a' ~''~~'s. r..t..,"- r~ a".~4•r•' k~. `:~!':~:.'a t' .n. J~ IIEli~~~''!}I7~-{~ ■p ~ {p~~,~{ 1- ..h:•r.~r.,.r-^,r< 1_'--
y.'° ~ k`~~~ ~•~r. ~ .5 :'.rr~, r. ~~~:~;~+x,ti.• a~:'.,~r,::~.:. F~:- ~•'_y'. +-'1!yl\~'~~Jl,J711! ~11r .-k Vii::- _ y; -~.e,t, 1~ ..4~:' :
G' ,~~/yy[~y L1'- ~~~y~~//~~J7~ .S',,.11~.•~Y irr,[f~~~[y }~.~IY S. r x ^ rr~+~ ~,7~z~'_. 'r.1C:: . .,7 y;r: s{y "-r. tii'- rs•` ~:.6,r :a~'~'s,YA x.'
~ ~V'rI.VV .i~A}:J' ~'!•L•4U~~i.I f, r,t"`;:~T,, ,.1
~tC, ~ ox.:Y ;7..~'r.'r< r• t ti` K4~;,~ ~ 1, - ys; , y~fe'++~jy f~ ~rb•J~yl 1~`,1-:'~~- 1 - _T .*'.~+.L'':+fr k•.: ~~~~1'. `M -:Y
".1 rT'~f 'Y ~ -v~1!', R~ } ~ik'i ~T~ 7. i~ N:.4.r,~iL s+••.3tiy'+i,~ ;a ~,,r'.c y' F~.~~I% 2M ~ .ia•f':~'~~~~: 1.4 a 1 , M~ .h...'t~•.4r.i4
f~'~. J {.k,` ~M ~i~ .'~~'W♦ ..'1:" ~r4n~. 'Y it ~ ~ ~ N ~ k. `j+' _ 3..:" r~~; 1L M1 =5~}': - -r'q:i';1k..t';r-..*_~jvn:~µ:n~!!S ~d.~':°
5'! v~'„t^'.. <hi: ~,}e; t:: ~:f~f'. ''t" '~,rr-.-..;t4 t'ti'!':k '~.-e'.y~>y;,n+-;r ~i ,5.. _ rt~. ,y4~~~ Ft' :'1 uj Y'fi i'F'.«-x k~'~i~ +y _
T~!'t; ;i. 't s{. tr.~i .ni't ~~F^',' Cart ~=s; :C ~ !:-4:'=~=:~r L4,.. -ti: }w 'i4:~~h'ti5`r`1, ' ~f Fly~ti~ h~:. ~J. ..r, 'ti .a
~~l .AL 1ml yti l/'~ 1~'~+1T ~~~f{(} ni'
'R' 'n~'~': JJ ~+7:°",ry:: ;slit ~;'~;'h., 9!R' r E• c~ 'r r a K e~ ~ f; ~ .r• t .F,'x`,' ">•H~T.: {ral :"~^',M~• r`;f;^ ~:D;y,
.tir ~,t•v .rw/~. ;~:'A'~ ~~'i• ~'~~'.*,y f+!"~ V~,~V i ~ 1/'•►I~RT 1/`71111.17Y71H~ `rt", 5~,7 ~~~~.n~7,yi.Y 7711 ".,l'Vo- r'~' 1~ :'1~~ 'kl'~
~~i•~ `~+1 '~}•-y:w `f~ 1 !Ki•+....> ~~~.ti:+,~ Vi~~1L~~+~ ~V'r. i?, ~TiJ 'i. ~~~r:, _ i~~y:, ;~L~ ~4 ~ s, '.t k:-~ 'Jl-">. ~ = s t r'~ ,,t,'
- ~ ~ +}V'~j . .}•~h 4'k .I': - w=1'~. 1~' ~ ":1: r rR'F'' u.'h - t 1 . 'f~' ~ t'.iY",~v
six- - y:i.;, t:~r-+'.,!! :=~'`~i,r' '.I'/.~ :r_~~"r.%_! '~S{~: iw;-;j~.':,:'~'k;$.?~ .Y $ ~i Y;.' .h a''4'.k's'"+'.,; s~ Y 4~ ~t. ~'W y r'.~y~
~j~~~~r R~~J~ T~ 4'.J."k~~ '~y._'~.i~3~: 1~~k,1~ ~:S }~<,ti„-'S:c-.+,~ ?;~t"Y.~ir.':,kf.: ~i+1_._~"rY':a`~f-<°d~.4~11-' ,!~:~.~~-r.~;:; .n::,i-i3~ ~~~~u:l~.{;skl..,i\'LLY;'~
'l.:r■~1~~~{!~~r '~'_i .,,~t+..,s ..r; ~,C~r."'1 ~~'r~} 1 . ' ;ik' ~'~;~.1:: ~a,k~tc t+l.. :.'r:tit`".i.~~.. :,">+'Sk kF`y.?~i' 1
+ 'i' '9w 1~ .t {!-"k ail i'. '~ai~ ;rte'' -ti, i •^~,t .4y
1 1
SEE 4X~ EL MODEL IN SECTION C ~ NOTE / 1
/ ; ubtatai From Adds#oaai Sheet{s}: w
Subtotal B: ; $ 1,4Qd.D0
. Unpuh~ished Options - Itemize heiow 1 attach ~ddi#ianai sheet~s~ if necessary. •
Note: Unpublished options are items which were not submitted and priced in Cantracta~s bid.} ~ ,
Description Cast Description Cost
1 1~ 130A XLT ~X2 EXTENDED LENGTH UPGRADE 5,199.0 1 EXTRA KEY ; $ ~O.D~
XPEDITION EL MODEL'U~1TH CARPET INCL Subtotal Flom Additional Sheet(s):
/ ACTORY CONSOLE ANI] ALL CLrOTH SEATS ~ ZNCL Subtotal C: ~ ~ 5,~I9.00
Check: Total cast ofUnpublished Opfi~ons ~C} cannot exceed 25°l~ ofthe total afth Base Unit
Price plus Published Options ~A+B). ~ For this transaction the percentage is: ~4~Io 1
. Uther Cost Items Nat Itemized Above ~e.g. Installation, Freight, Delivery, Etc.
I}cscriptian Cost Description 4 Cast
SLIVERY ; ~ 4~~.4(l
Subtotal D: ; $ 450.~~
. Total Cost Before Any ApplicahteTrade-In ! Other Allowa~tces 1 Discounts (A+~+C+D~ X7,594.04
Quantity Ordered: ~ X Subtotal of A + B + C + D; ~ ~?,594.0 Subtotal E; ; $ X7,594.04
F. H-~A Fee Calcination From Current Fee Tables $GOO.DO PER PURCHASE ORDER ~ Subtotal ; ~ bQa.O~
e-Ins 1 Dthex Allowances ~ Special Miscounts
Description ~ Cost Description ~ nst
r
Subtotal 1 ,
~st~~nated Delivery Date: r 9o DAYS H. ~`otal Pr~rcha~e Pace ~ X8,1 ~~.oo
I
- ~ Item 2 ~ ~ 1 ` f
1~~. B~yBaar~
use Tr~cl~ Cer~te~ _ ~austor~
~'he foll~w~t~g de~ar'~s shall be pravrded with arry ~r~oad urchase r
~ a der (~'ax Purchase order to {~~~~~~1-~~Sd
BuyBo~rd vendor; 1~ush Tick Centers o f T Prepd B~: Charlie Pluuse exas, L.P. Vendor Pb~one;
~Adc~re~s to;~ ~U~~~ Loo fast 13 ~495~3~0
Vendor Fay; ? ~ 3 ~~5~9~~4 ff~~sf~~, T`e~as 77029
Vendor Tol'~. Free X800} S~0 ~~g~
C~vexnment ~ge~rcy; DEN~'~"C C~ Date Prepared larch S, 2~~8
~F Gary. ~,~enc Dento ~hlp t~:~ ~0X TEAS STET ~ C~ of
2~ ~ E. c~i~.ne
~~~I'TCN, ~`E~ 7~2~9 _ Denton, Te~cas 7601 ~ont~cts ~'arn~: ~ ~LL~S ~ .
g~ Phone ]~o: 940 X49-844 A. ~'ax ~a; 94~ X49-8,~9~
Prod~.ct Des~rip~o~: Peterbialt 3dS L~ass~s
is ~uy~oard ~obtract #28Y~7 Lisp:
Base Price ~ 77,8~4,~4 ~Y`~ u: B~S~ Bid ~ptl~IlS: ~temi~e Below
* Please See A~ac~ed ~,ist ~ $ ~1 X88.75 # .
* ~ _ ~ -
* ~ - .
- - * ~ * _
~ ~ $ -
* _
* ~ * * _
yy F ' . T ~
R ~ -
a4 ~ r
yT ~ ~ ~ ~ ~ T ~ _ . T
Snbfo~al ~ ~~~2~~i.~~ * Su~}EOI
Unp~tblis~ed Dptipns added to Con#xa~ct Pz'ice Supt
iV: ~'ota~ VY ~ otal afCo. l . Col ~ ~,~88.?~
~l: Nora-Base Dp~ions ~t~i~ ~ ~ z29,~1~.'i5 l LION-BASE = 0.13 °l~
Vr: Nay-Pub~~s~ed ~p~iQn~ ~P1cac gee a~tac~ed~ - -
~AC~ ~~~,s~~.7~} .
Vr~: Ut Cost v~, D~s~o~
~ r1z,~~a.o~
V~: ~uanfi~y Urdered U~~.1tS: ~ ~ 1r~~~
I; Trade-in or othex redit~s~
- a ~
~'~'~AL PUMA ~I
~ Z~~LC~I~ VYI~ ,
COIVT~ACT 9 011f~~0~ fi~ 9I0l20~ 0
lax a~ ~urcha~~ x~~er~ t~ Bo~r~ at
i
Item 3A i
. f r' f f r i ~ '
~ ~ '~x~e~ e~t~r - ~a on
`Ire fallowing details s1~all be provided with arty Buy~o~d r~hase order ~
(fax ~'urchc~e order ~o ~~Q Z~~..S~S ~ } ~
Prepared By: C`har~e P~onse $u~~oard vendor: hush ~ruc~ ~er~ter~ ofT ~,,p,
~endax Ph~n~: ~ 13 495-340 ~Addr~~s P.p. ~o:] ~0~~0 ~T. Loo fast
~'end~r Fax: Y ~ 595-962 ~vus~On, Texas 7'~0~9 ~end~r To1i Free
8~0 5$0 7383
Dad Prepaz~ed March 5, X048 Ga~vernment Agemey: ~~NT~N CITY ~F av, A en
~ e'y Deng ~h~p 9~1 T.~iS ST~EEx
_ tQ;J CIS B. ]viciane
D~'~1~, TE~AS'T~~~~ ~ Demo Te n, gas ~~~0~
on#ac~ts ~Iam~: ~ ~LL~ ~ C~ov. A~gn. Phone No; 940 349-5 4 A. Fax No. 940 3~9~559
Product Descr~pt~on: P~terb~t 3~4 Chi .
I; ~uyBaard Contract ##~8~-0? Price Wit: # ~ .
Bass Pnce ~ 54,354.4D . II; Base Bid Op~~ns: ~ ~Cte~a Below}
* Pease fee ~4ttached List ~ 954.43
* ~ $ - * ~
~ -
- * ~
$ - * ~ i
- ~ ~ w
~~i~~i~~ ~ ~ -
~ ~ $
~ ~ _ ~
~ - - _
~ ~ ~ ~
s T ' ubtetal ~ ~?,~5d.d3 ~ Snbt+O~
I~: ~ - ~D~ll~]le~ ~p#1Dn3 ~0 CoIl# PIi ~~fo of~o. 1 ~ ~
TAI; ~ .
V; Non-Ba~~e ~ ~ ~~2,3~8~43 Oo~ (~taniz~ below) NONr~A~$ = -a.02 °Io
~I~ ~Ia~yPub~hed ~ian~ ~P~ease See aft~ched} EAI
$ ~~,7~d.43
' C: ~.Intt opt ~ ~~scou~t ~ ~09t~~4.~~
1~[; Qnar~~ity E~rdered U~#s: I ~ +r~+~ s xo~,~~~.~a
Trade-in or other C~r~dit~s~
~ 0 ~ -
~~TA.L P~J~~L~,SE ~I~ ~NL~JD~ I +
Z~9,~.~~
1.I~lr~~l ~~~~IL~~1 1 ~ +7,~V1~~1~ ~
'a~ a~ ~u~rr~a~~ ~rder~ to BuyBoard ~ ~D~ ~~5~4 ~ ~
Item 3B
NT PUH ~N ~~~AT~ 11~
~U1~BARD
P~' ~IJ~T PRI~~N~ BASES p~TRAT
Zl~ ~l~~0 8
~~stomer: - CITY ~F DENTIN .
Product Description: ~HANiP10N ~ YD. ~D~iI~LRiAL SIDEL~ ADER
q: base Pace in BidtPr~posai Num~er~ Series 48
B: Pu~~is~ed ~ptfons [itemize item beEow]
FRONT ~~./~.f!\T P~~P/ P~~ 14~~~~r~V ~M~~L~ ~ ~~.R. rU~~~f7~T~ ~ ia~~~a~
LFD LIGHT PA~KA~~ ry r~~ 3RD ~ AM~i~A SYSTEM 1 rf'f~~r~~
LED AM BER MART Ll GHT $ ~SS.DO y' ~I. y~i i~l.~
{Tfla a~+
{~Tlyf ~ -
w ' ~ -
w '
Sub#o#al Colur~n 3,7~1.D~ ~ Subtotai Cofr~mn ~ ~+iaaoV
Published options added to Base price Subtotal o~ "Col ~ "poi -
~,o~.~a
C: ~ - Subtol~l of A + ~
D, .published options {Item~e each stern to ~ + ~ Un uh~lshed = ~ P x.04 to
GR~ENVELQ Lute $ysterrl $ ,~~~,~p - r
~ -
i r ~ ~~a~
w . Q~ - T _ '
u~tot~l V~~4~~ ~ a ~1~~~~oY ~1d~L~4~1 G~~~~~ is y~ i
. Unpublished Options added to Base PrECe {Subtotal o~ "~01 '1" + "col $ ~~7.DD
}
Contract Pride Adjustment {If ar~y, e~alai~ here} CUSTOMER D1C~UNT ~ ~ ~~3,50~.0~~
F: Totai of ~ D ~ E het i~cl~d~~~ 8uyboard fee} . .
- $ 84,804.Do
C~uantity ordered ~Ur~its x F~ ~ ~ o~ Units ~
N: BUYB~ARD Fee {From Fee Schedules, ~`abie: ~ - °lo
40~.~~
is Non-Equipment Charges ~ redi#s die: . Vlf~rrar~#y, ~'rad-En, Celt of Facto to ,etc. ry ~ }
$ - ~~i--
- -
- Subtotal of Non-Equipment Charges _
~TAL P~R~~iA~ ~R1cE iNLV~i~ ~ + ~
~,~~~a~~
, hoop ~ 2 Tom l~a~er
Inring,l7~ 7~~0 Heil of Fexas - vwaheiloexas~com 9~~~438-685 31~ ~~~0~8
i
Item 5A
Pale ~ Buybo~rd fl~ote~247 ~delaader 1JUQ8~~
T~~e fa~~owi~g det~a~s s~a~~ be provided with arry Bu}~Boadpurcase order (Fax Purchase order ~o {~00}~~~-5454
Prepared By: Jav Gra~Tens ~~yBaar~ Vendor; 1VicNeilus Tru~]~Zan~facturing Vendor Phone: (~7~) 22~-313
[Address P.U. to:] 1101 I-4~ South Vendor Fax: ~9?2} ~~5-7~7?
Hutchins T~ '~51~1 Vendor Toll Free
Date Prepared 11171200
Go~fernment Agency: City ~fDenton Gc~v, Agency City of Denton
j~hi~ to;] 1527 Mavhill Rd [Bill to;] 1527 Mavhill Rd
Den#on TX 76115 Denton T~ 7G~08
Contacts Narne~ Mike Ellis Gov. Agn. Phone No: 94~-34~-7133 G. A. Fax Na: 94~-~66-7303
Product Description: IVIcNeilus 22 ya Strcct Force Auto Side Loader
I: BuyBoard Contract #20~-1I~ Price List: Item 3S Base Price ~ _71,25.00
II: Base Bid ~ Lions (Iterni~e Belo~~}
* Ho er ~Tork Licht $ 21 G.o0 ~ Manual Tailgate Lock ~ 1.56~.Oo
Arm fork Li ht 21G.o~ * Paint Body $ 45~.0~
* Dual Backu Camera 3rd Eve $ 2,85.04 * Fire Ext. & Bracket ~ 4~~.0~
* Tra ezo~d Ltahts 21b.o0 Tool Box 28" $ 595.00
~ MudFla s-F R afTandems ~ 132.0 ~ hovel acrd Broom Bracket $ I89,o0
* Outside Control ~ 1,406.00 * Pack Assist Panel $ 2,650,00
* Pederson strobe ~ 63,00 * Groeneveld Lube System 6,500.Oo
* Autoload 2,650,Op * ~ _
subtotal 8,31~.OD Subtotal 12,59.00
Contract List Price Totat 2~,673.Q0
III; ubtota~ QfI rI = BuyBoard Contract Price; $ 92 295.00
IV: Ikon-Base options (Itemize beto~v~ NON-BASE _ ~DIVlo!
* Frei¢ht $ 1,974,10 -
* $ - $ -
* - $ -
- $ -
~ubtotal $ 1,97~.U0 Subtotal -
V Unpublished Options added to Contract Price (subtotal ofCo. l & ~012~ ~ 1,9'~~.110
Vl Tot~1 IV + ~I ~~,~~~.oo
VII quantity Drdered Units: 1 x ~ 94,~7~.0(l
VIII Trade-in or other ~redit(s}
Bu board fee $400.00
Ix TUTA~ PUR~'HAE PRIM INLDIN VII VIII 94,G72,Oo
contract Ei~ectiove Dates: ~D1112D1~4 through 913012DOB
~"a~ a~~ Purchase Urders to Bu~~~ar~ at ~S~U~ I-554
Item 5B ~
_ r
1"his ~'orrn must b~ prepared by Con[r~ctnr, and provided #a end User fv u~ach to P~crchase Drder, wl~r ropy #o f~
~he~ GAC fee shall aa~crrlafed and shown as a separa#e line r'#era. - - . W.
• Buying ~r T f~} - - - -~4 ~ r~ - ' - - ~ ~Lrl~ 1 ~1~ f ~1T L/~ ..r
A en C~n#r~et~r; ~U~ T~~~~ TES, ~~AtBCt
Person; MICE EL~II Prepared By. CHA~I~.iE PL~L~~~
P~ane1F~; 94~rt3~49-$424 PhanelFax: ~71~} X95-G3a411 ~7f 3} ~~~-920
Laca~on CIEy, 9U1 TF,~AS STREET ~ .
State: Contract loo.: HT ~ x-07
• Date, 11~3D1~~47 Froduet~ Code:
Prad~ct
Descri lion: ~ PET~~LT 3~a Chassis
.5:. •'f: "Y 3.1.. 1M1Y .~It- >~4}i,iti t•~_ ~Y• ..i i,,,n w, F,' lr..,ti~ .f i~~' .L. _ i~~ ~ ,f~tk'.., .f. ".10.'~~i.Iii ~'~.,r~FR~r, ~~r ~i•.'. cl Yti:14
ri - A~. Item Base Unit Pr' ,,.,a,ir.r r, ~ Y
gee Per ~~AC Contract: ~3'}' T,}-S! }.4ti .t i5•i~ K. r4ri T ti
B Published D ton - ~ ~ ~~xY ~:t. P * a1 tel~l~e b ; 3+r'"~_•ws„r.r:., _ti'i--_:_ ,~n:rt y~~ p ' ~ slow and attach ~dditivnal
sbeet~s) if ~erce~sa ~'Y~
Code Descrip~ou Cost Code Descri ~o~ ost
P C ~ -
$ -
-
-
~ - • Subtotal Prom ~dt~itional Sheets): $ 484,70
'I r- i, 1,. r~ . . t ti y Subtot~ B~ ~ 4~4a l .5 .rF' .L~-.~ _~1~i.. 4 3 } ~ ~1~~ ;'1~TV Jr _ -1 N.. _ k
4 r1.~ ~~l~V~ ~ + S 1'Yr1,LY '~7
~ TTTTT7 • ~ il~ ~l-a~t ° n ~,~r~~ zH` ~ x:'~'~, r~,>~... Unpubhsl~ed Cp~ion~ ~tem~e below and at#aeh additio~~i sheet s if neces '
s`y~ Cade Descrip~ou Cost Code Descri lion os
P C t
~ - ' PE"I`ERBlLT1RUSH D~S~D~NT $ {4,2~5.08~
4' ~ ~ -
- -
$ - Subtotal From A~dit~onat S~eet[s}:
Subtotal C: $ ~4,22,~.0$} .
Cheek; Total cost ofUnpublished Options ~C~ cannot exceed 2S°r~ o~ the total afthe Basc ]nit Price plus Published Options {A+B). Far #his
transac~or~, ~e percentage is•. 4.18°~0 _ .-r'`•!,`• r ~;'.ti•,ti ~ .S. S' *c ~ ..4. - r'Iti'~~~:w~ _ - ,r-..... -.:t ~ r„-.. 1.~'.• -
_:f1'::.~. ..Sfr^ . - w~ Syr ~..v.
Other Pr~Ce ~ ,~.t • Ad~ust~nents Installation, ~'~eight Delve etc. ry, } ,
' riv~i. .is"~ ♦r~ x ~ ~n...rx..f...~y.;t- S'~ .t ,S aq•'; n1 . ',Y~ xf'.r* !a'.7ti:,~5:- r'*,,. yA
E. Unit Cost of Item Before ~'ee 8~ No - t ba e + + + - - ~ 2.....': n Equipmen rg s ~A B C D}
quantity Ordered 1
. .t: i • .
V ~trV ~i1 ' sr.rk{iS. r ry1.t r,.*~~ _
:•r! . i'': . - - r.' .,rr:. SllbtOtaj ~
Nan-~q~ipment Charges ~Tradei-In B~fended, . , . u,. _ - _ ~.,r- : - . ~ . _ s.F, -=~..F, - _ ~Varra ty, etc.} r
-
- Subtotal C: $ ~ -
_ :.:..r _ ;,1. r_ ~
Total Purchase Pr~ee $ 9?,4~~,~2
(Please Type, or Pant Legibly} l~sti~mated Delivery Bate: 31] S1~~OS
Contract Period: November 1, 2007 to October 31, 2009
Rush Truck tenter, ~ .
PD Box ~~~t 05 •
sin Antonio, Tx ~s~a uton~~r Pfrop~i ~e~~ R
Denton, Ci#y Qf •
9~1_g Texas St
Denton, T~ ~~20i~43~4
94~w4'9-7~ 00 ~ '
Tom thaw ~ .
Tor>~ Shaw, thank your far the opportunity #o eam your business.llUe ~oafc fon+vard to v~arking pith you an your business needs.
Please accept the #oflowing prapasal.
'S ~ ,+t~ ~ .i~yi}r .r'ti: . },,;f 4 F,- ~ ~~iK:: 'r'`~~r u ~:`,1:. ,.~`~',;..R.7~i`~._-~~.i .:~i a~ art - - 1. .,,1.7. ~r,"RS't ~ .~r. 4~
.~r..f~'.• ~ ~-#~T•, `:1yr., 'F'.'~• 1r.' ~ _@' x Y°,Y. E! i,F~•s~. ? +?7 ;i: lr..+ i r. . `i; .~°T '1 ~~S ',~,i %dJ.~~ryJ• ~y., '1'
~~L} ' i:~ }F: n r~ ~ ~ 4 C':.7~4... ~ i ~ z ''e.' `..4 ~r ~3 3;~G"+, ;~J..~' ~T'- a r_~ . rya' :~.Y a7:'~y.,i.?1~,`~'Y,klr..~:.o-
d;~ isr n Yom. ' '9c, ~ ~ ~_#'x.':11.: ~ ~ `~~1 ~ c. ~ w , ,4 1r ~ i' y'1y~ '~'1` `4,>t ro fit- , _,r ,y_" ~F.,.r.. ~'r.'- lam, t,t;,u
.r.. ' t ..w<~ f ' ~w -1::.:•`y 'I' } y ` ~'j{~ ~'_y~ ' y ~ 1 ~ r _ `rY',~..~•( _ ~ 5'~4 il; 'rS~; l 3 ~ i4; rf~~.. ~S 1~ < o- t ~:f'
r r l°°, ~f+lF~..'}~~1~~~~1~:~`x~b~L3~:•+~M~L'+~.~~A:.~~~7'~.`y.'r7f~T' ,w~.: r ~i•' ~ rs{4 -~`:*`1Y "~i`~~~` `'I5~• ~'~1.~~ ~i.i,i;i~ltiis'~ ~ tTl~Fy' ~R ~•v'j
~!.l6 `mod` ~•~w r d~~{3~'~r~lkrL ~~5~"~
~alce Peterbif# Madefi 320 Year X008 ~ Stock Numher To Be Determined
Additi~naf Vehicle and accessories Description T~ be delivered on ar about 'i1~51~008
New ~OaB Peterbilt mode! 320RH far ASL pricing to include an baton Hydraulic Launch As~is# pilot truck with HLA provided by ~ grant
from TDI;Q and HAR, including delivery to the body carnpany of the City of Demon's choice. Pricing includes ~,59~.~2 fQi' ~2D days Hoar plan ir>Iterest, interest carp be deducted
of paid: Net due within i5 days aver completion at the Peterbilt factory.
Quantity Total
Trunk Price per Uni# 9~ 3~~.6~ 94 3~D.G2
F.~.7. ~l=actary & Dealer Paid} 0.00 0.00
Net dales Price 9~~~26.6~ - _ $94,32~~fi~
~pfiianal extended 1Narrarr~r{ies~ ~-1~~5'0D„ ~ 02.0D
Mate Sales Taac • License, license Transfer, Registra~on Fee .
Documentary Fee 5 ,00 $50,00
Af~minlstralan Fee .
Vehicle inventory Tax .
Additional Taxes
Tire recycling Program
Battery Disposal Fee
4u# of State Vehicle Fee Total Sales Price ~97,401.G~ $97,40"1.0
~m~~i i wrr ~ni.~ i ■i n ~fri~
Trade Allowance 0,04*
' e DISCLAIMER below ;fi '.13~ ~k~i ~ f~.'t~y~~ ?aZ'J ~'R;Mi'+ST.~~7 y'4~%~i2_ 1~, +f",~T M~firr ~~'1F VR r=„ {'i:r' tom' i r
r~:a~~'',;~~~ii-'-~;c~l,.~"~~~i''E.~''~i ~ ~ '''S': :~z'1._~>`~"~A..^.,~. ti f K-:C i - E -a1: ,~~.'.'`~I i~'r c~ a ;~s~.i~ ~ ~d~,. ~~x~~a
ti rte. f~a^ '~'~~"~4:'~ ti ~ _ ua+~ ..mar. xy~s~i*c. i1wY~byih`~i- . • ~ r~,~S'~ ~-;~#x dales Repf•esentatlve j,~,,:a„~, ~ ~ ~ ~:~`►~~~~~~t~~~
. Hollov~ra Haf 0 slQrta~xe pined name
Purcha;~er
. algnatt~e prlyd name
dat$
Accepted by Sales Manager or
general Manager slgnat~re pir~ad trams
Quote food unt7l ~ 213"1I~i~OI Nate; The move Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager ai Dealer.
4lSCLAitNE#t: Any order based on ttti~ Propose! sUh]ect to C~rstamerexec~ng Dealers standard iomt iietali Purchase Drder lrxorpotnting above ~erms.Arry documentary i~ees, stets
tax, tl~e, registrai3on . end ~cense fees subject to adJustment and change. Actual F.~,~ ~ be pa Id by Denier, subject to a~ushnerr~ Any F.ET, variance wlq be res~onsit}iiity of Deafer
iMlf anutacturer has reserved the right by chi n9e
tl'se price to Deafer of any vehicle n~ cumer~y fn Dealers stogy without npticce tra Dealer ~ Ciuoted Vehicle(s~ not cr~rer>tty In Dealef s stxJc, Dealer reserves fight to clYange
Quc#ation Total to rofloct any price creases lrorn f4tan~fat~urer. Thy Proposal is based upon Dealers currant and expected fnvet~tory, which is ~bJectta change. Dealef no# obligated
m retain arty speciflcvehlcfes in s#oc1~ nor mainbin
arty spxdic irn+entory level Deafer s~a>I net be obligated bo twill Prapasn! in event doted vehicles] not ~ stock or aval~bie vrlthln requested del[vey scf~edula at~me Proposal
accepted. Dealer shall not be liable tar ar~y delay !n providing or inabliily to povlde C~uatad Vehicle(s), where such lrrrability or delay ~ due, in whole ar ~ pa,t~ to any cause beyond
the re+asanable cor~#ro! m Deafer or ~ without the grass
negllger~ce ar intended misconduct at peeler Alive listed Trade Value based upon current appraisal of gads Vehlcfe(s~. Deafer may ad~st Trade Value of Trade Vehlcle(sj to reflect
changes in condition andlor m~eage o#Trade Vehicle(s) beM+ee~t c~ba afcurrer~appra~a! and acceptance of tf~ls Proposal by C,us6omer.
ftTC 4.3f~-41r?6
Printed on 12/412007 at 1,38 AM.
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) AND BUY BOARD COOPERATIVE
PURCHASING NETWORK FOR THE ACQUISITION OF FIVE VEHICLES FOR THE CITY
OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE
(FILE 4031-INTERLOCAL AGREEMENT FOR THE PURCHASE OF SOLID WASTE
VEHICLES AWARDED TO MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE
AMOUNT OF $574,321.42).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board
Cooperative Purchasing Network programs at less cost than the City would expend if bidding
these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER VENDOR AMOUNT
1 H-GAC/Philpott Ford $ 28,194.00
2 Buy Board/Rush Truck Centers $112,250.00
3A Buy Board/Rush Truck Centers $109,604.00
3B Buy Board/Rush Truck Centers $ 85,200.00
4 Buy Board/Southwest Intl. Trucks $ 46,999.80
SA Buy Board/McNeilus Truck $ 94,672.00
SB H-GAC/Rush Truck Center $ 97,401.62
$574,321.42
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or
Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services
in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the above listed
agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC or Buy Board, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards
contained in the Proposal submitted to H-GAC or Buy Board, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-File 4031
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 28, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board convened into an Closed Meeting on Monday,
7 April 28, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center,
8 901-A Texas Street, Denton, Texas to consider the following specific agenda items listed below.
9
10 Present: Chair Charldean Newell, Dick Smith, John Baines and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Bill Cheek, Phil Gallivan and Randy Robinson, all excused
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 Board Member Dick Smith pulled this item for individual discussion.
25
26 ITEMS FOR INDIVIDUAL CONSIDERATION:
27
28 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
29 Manager or his designee to execute a purchase order through the Houston-Galveston Area
30 Council (H-GAC) and Buy Board Cooperative Purchasing Network for the acquisition of
31 five vehicles for the City of Denton Solid Waste Department by way of an Interlocal
32 Agreement with the City of Denton; and providing an effective date (File 4031-Interlocal
33 Agreement for the purchase of Solid Waste Vehicles awarded to multiple vendors as listed on
34 Exhibit A in the amount of $574,321.42).
35
36 Board Member Smith asked if the lease payments would be expensed as a monthly item and with
37 revenues currently under budget is now a good time to purchase these vehicles.
38
39 Vance Kemler, Director of Solid Waste, replied that while these vehicles will purchased this
40 year, lease payments will not begin until next fiscal year and will be expensed on a monthly
41 basis. Kemler also stated that commercial revenues are usually lower at this time of the year and
42 that staff anticipates revenues will be on or at budget by the end of the fiscal year. Kemler also
43 stated that now is the time to purchase the vehicles.
44
45 Board Member Dick Smith moved to approve with a second from Board Member Bill
46 Grubbs. The motion was approved by a 4-0 vote.
47
48 The meeting adjourned at 11:12 a.m.
49
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tom Shaw 349-7133
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the financing of fleet vehicles for the City of Denton Solid Waste Department through a lease purchase financing agreement;
providing for the
expenditure of funds therefor; and providing an effective date (File 4012-Third Party Lease
Purchase of Vehicles, approximate finance charges of $48,846 for 60 months).
LEASE/PURCHASE ORDER INFORMATION
This third party lease purchase financing agreement is for the funding of three heavy-duty refuse
trucks, two 1 %2 ton trucks, one 3/4 ton pickup truck, one %2 ton pickup trick, one Expedition SUV,
and two Escape SUV units over a 60-month period. A detailed list of the trucks with the
estimated cost is attached as back up for your review. The 60-month lease period will have five
annual payments of approximately $159,769.24. These payments will be made annually and
include principal and interest. Chapter 271; Subchapter A, Section.005c of the Texas Local
Government Code exempts the acquisition of third party lease purchase financing from the
competitive bid process.
Approval of this agreement is for funding only. Competitive bids or interlocal agreements for
the purchase of the trucks listed as items 4-10 on the attached list were approved by Council on
February 19, 2008. Items 1-3 are being presented to Council under a separate section of the May
6, 2008 agenda. This agreement is intended to make funds available for these acquisitions only.
RECOMMENDATION
Award to Chase Equipment Leasing Inc. at an effective rate not to exceed 2.49% with an
estimated cost of financing in the amount of $48,846.
PRINCIPAL PLACE OF BUSINESS
Chase Equipment Leasing Inc.
Dallas, TX
Agenda Information Sheet
May 6, 2008
Page 2
ESTIMATED SCHEDULING OF PROJECT
Funds will be available upon Council approval and will be dispersed as the vehicles are received.
The first payment is due one year from funding and every twelve months thereafter throughout
the five year period.
FISCAL INFORMATION
The finance charges or interest in the approximate total amount of $48,846 will be paid as a
portion of the annual payments. The total amount of the lease is approximately $740,000 and
will be paid from budgeted equipment acquisition funds from various departments.
60 Months(a~,2.49%
Financed Amount $740,000 Approx.
Finance Charges $ 48,846 Approx.
Total Payback $788,846 Approx.
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Equipment List
Attachment 2: Proposal from Chase Equipment Leasing
IRIS-File 4012
Exhibit 1
EQUIPMENT LIST
ITEM # TY DESCRIPTION EST. COST
1 1 Roll-Off Refuse Truck $145,896.00
2 1 Side Load Refuse Truck $194,804.00
3 1 Automatic Side Load Refuse Truck $192,073.62
4 1 1 ~/z Ton Box Truck $ 46,999.80
5 1 Ford Expedition SUV $ 28,194.00
6 1 1 ~/z Ton Flatbed Truck $ 34,335.00
7 1 3/4 Ton Pickup Ext. Cab $ 26,23 5.00
8 1 ~/z Ton Pickup Ext. Cab $ 17,315.00
9 1 Escape Hybrid SUV $ 26,269.00
10 1 Escape Hybrid SUV $ 26,269.00
Total $738,390.42
Exhibit 2 _ ,
~ ~ ~ Fa[~ri~ P~ rkv~~y, u ite
~~lu~b~~~ ~~~4Q
April
Tarn ~ha~
pity at ~entan l~~r~ha~in~ ~ffi~e
1 ~ Texas ~tre~t Der~~~n, T~x~s ~5~~~
RE: File 4~1~
Mr~ hew:
phase Eq~i~mer~t Leasi~►g Ira. ~"~El.In~, end ~~i~largan ~ha~e B~~k, ~a~lectively ~ar~a~ ~h~~~
~ ~o., for Mtself f its uace~~ar~, a~~ ~sslgnsr ~f.~~~ed to ubt~it this fir~~~cit~~ pr~pa~al t~ the ~it~ of ~entan the ~~e~~e~}. This letter is ~ pra~asa! ~~l~
and is c~r~tir~gent span the Lessee's
a~r~pl~anc~ ~rit>~ the requirements at the Ir~t~r~al ev~nue ode a~ 1~~~, ~e~~~~, end a~!
~~plic~ble state l~wr+r~ r~l~t~d t~ Le55e~'~ ~bi~it~ to ~Clt~r lnta ~ t~~~xem~t l~~e-purch~e
~inan~ing far the ir~tende~ p~rp❑~e. The ~erm~ gad ~r~~i~ian5 this fr~~nain are ub~~ct to
~re~it ~r~d b~s~ness appra~~l In a~car~an~~ with Jp ~~rga~ ~l~as~ & ir~te~n~l ~race~~re, a~
v~eli a ~e~~in ~~nditians set Earth ~~l~w:
~F~ANA~TI~N ~ Fi~~~-~~te, fully arnarti~i ng, ~rlvatel~r placed tax;
e~cempt ~e~~e-purch~s~ ~~reement ~"Agreem~r~~"~ i
with buyout at end terms,
LE~~~~} City of b~ntar~
~E~Q~.: ~b~se ~qui~me~t ~easin~ Inc,
~TIN~~TE~ FI~V~IVIN~ AM~~~T: $75a~~a0~0~
~A~~i ~~~ILIfI~~; ~'hi~ p~~pa~~l• assumes that Le~s~~ will not issue leis
thin pia rn~llEOn in tax-~x~mpt abligatians phis
calendar year aid that the l`~~~eo wig! designate tt~i
l~~se ~ " r1o~-qu~~ified" tax-eem~t abli~~tian. '
~F ~R~~EER/TITLE: Ta ~~~noe the acq~i~i~fan of e~t~lpm~nt tar tl~e valid
UUate be~~rtme~t, the legal ~~tle~ of ~rh~ch 5h~1~ ~{eat
in the lessee during tl~e term a~theA~r~emer~t~
E~~1~I~Y: DELI shall obtain ~ lien an the ~~nanc~d equipr~~nt.
Thy Agreement ~h~lf he s~l~~e ~a ann~~l ~ppr~pri~tio~.
~~~~TEp I~INANCI~VC TE~MF Five ~5~ Yoh
P~~~~N~ M~~~/~R~QU~N~Y: P~yrnents shall be rn~de ~nnu~lly ire ~r~ear~,
~R~P~~~ LEAS PA~M~NTS: 1. Fire ~5~ payments ~15~,7'~9,~~ ail` first
p~~rm~nt due ~1f
i`ive i~~ ~a~rmer~ts of 1b~,~~~r~9 ~~t tlrst
p~yrnent due 1
Fay ~~~9~~0 ~~r ~ ~~Q~I~~~
~~~y ~~~~~t~~
Pay ~
INTE~~T iT~ Thy above pra~~~d ~nter~~~ ~~t~ end ~inar~aing
~~ym~nt~ art valid ~~ra~~h ~n~ ~ncl~~in~ ~~rEl
~~~8. tf ~u ndi~~ dae nat r ~r~ ar befar~
dale, the ~rapa~~d ~nt~ret rite and fln~n~i~g
~~yrn~nts ~r~ ~b~eat to ~d~~~~ment to ~e~~ct ~ha nge~ i n rna~~e~ fiend it~un~.
~a~UMENTATIaN~ ~~LI or its ~ot~~r~~~ ~h~~l ~r~~~re ~Q~~mentat~~r~.
p~t~~~~4L ~~P~~AT~ON: This ~r~~osa~ rNil~ e~r~ir~ if ~~ndin~ do~~ nat ac~ur
A~ri1 1~, ~D~B, ~~cept~r~~~ end f~r►di~g have nit
oocurr~d by this da~~, the F~nanning ~~te end
Pay~~nt Am~unt~ w~~~ b~ ~dju~t~d ~~~:~rdir~g t~ ~a~~~~ t~n~i~i~~~,
~h~s prapn~a~ ~u~j~ct to ~re~it and da~~t~entatian apprn~al ~t Niargr~ ~h~~~ ~
~a~~ sole di~ret~an. Ta r~n~er a ~r~~it ~ec~s~an, l~ss~e ~~~1t ~ravi~~ ~~4~ i~~ ~~ree
y~~r~ of ~u~.it~~ ~~nan~i~~ sta#emer~~~~ ~ ~a~Y of tie ~~d~~t ~~r t1~e ~urr~nt ~~s~a~
year ~n~ atrier in~ar~~t~on may be req~et~~ by ~~~i'~ ~~ni~ip~! Credit r~up,
~V~ appr~ci~~a your ir~ter~~t in ~~~e ~quipm~n~ L~a~ir~~ Ino~ and faQ fo~~~r~ to y~t~r fv~r~~l~
re~~a~~~, ~~~~Id you h~v~ any ~~e~ian~ regarding this prape~1 or need addi~i~n~i int~~matianr
p~e~~e conta me at ~~.~-~13~551 or vii email at j~hr~_~~I~er~a~hae.cern~
ina~r~ly,
~hae E~u~pm~nt ~~aing one,
~~hn P~I~er
Lo~~in~ al~~ ~~~r~e~~nt~tiv~~ Pub1~~ Fin~rt~~
A~C~Pfi~~ ~IT~ ~F ~~N~'~~V
By;
N~~~:
T~tl~:
date:
i
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE FINANCING OF FLEET VEHICLES FOR THE
CITY OF DENTON SOLID WASTE DEPARTMENT THROUGH A LEASE PURCHASE
FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4012-THIRD PARTY
LEASE PURCHASE OF VEHICLES, APPROXIMATE FINANCE CHARGES OF $48,846
FOR 60 MONTHS).
WHEREAS, In the 2007-2008 budget process the City Council authorized the purchase
of various trucks listed on Exhibit A from the to be determined lowest responsible bidders
pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of
$740,000; and
WHEREAS, Section 271.005 of the Local Government Code authorizes the City Council,
in its discretion, to contract for the financing of personal property; and
WHEREAS, the City Council finds that the herein authorized financing of the budgeted
equipment through a lease purchase agreement with Chase Equipment Leasing Inc. is
appropriate and in the public interest; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance
the acquisition of trucks listed on Exhibit A with Chase Equipment Leasing Inc., said agreement
providing for a financed amount of $740,000 having five annual payments of approximately
$159,769.24 with an effective rate of not to exceed 2.49% over 5 years.
SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized
to enter into a lease purchase agreement on behalf of the City in accordance with the terms set
forth in Section 1 and to expend the funds provided for in Section 1.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
4-ORD-File 4012
Exhibit A
EQUIPMENT LIST
ITEM # TY DESCRIPTION EST. COST
1 1 Roll-Off Refuse Truck $145,896.00
2 1 Side Load Refuse Truck $194,804.00
3 1 Automatic Side Load Refuse Truck $192,073.62
4 1 11/2 Ton Box Truck $ 46,999.80
5 1 Ford Expedition SUV $ 28,194.00
6 1 11/2 Ton Flatbed Truck $ 34,335.00
7 1 3/4 Ton Pickup Ext. Cab $ 26,23 5.00
8 1 1/2 Ton Pickup Ext. Cab $ 17,315.00
9 1 Escape Hybrid SUV $ 26, 269.00
10 1 Escape Hybrid SUV $ 26,269.00
Total $738,390.42
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a Professional Services Agreement for engineering services in support of the City's
Capital Improvement Plan related to approved electrical power system construction projects for
Denton Municipal Electric with Ballard CLC (in an amount not-to-exceed $150,000); providing
for retroactive approval; authorizing the expenditure of funds therefor; and providing an effective
date. The Public Utilities Board recommends approval (4-0).
FILE INFORMATION
This Professional Services Agreement will provide consulting services to produce structural and
electrical designs for electric substations, transmission lines, and other projects that are approved
in the City's Capital Improvement Plan. A detailed description of the services to be provided is
included in the Public Utilities Board agenda information sheet attached as Exhibit 1.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 28, 2008 meeting.
RECOMMENDATION
Approve a Professional Services Agreement with Ballard CLC in an amount not to exceed
$150,000.
PRINCIPAL PLACE OF BUSINESS
Ballard CLC
Alexandria, LA
ESTIMATED SCHEDULE OF PROJECT
The Agreement will become effective upon Council approval and remain in effect until
completion of all proj ects that DME requires design support for.
Agenda Information Sheet
May 6, 2008
Page 2
FISCAL INFORMATION
This item will be funded from account 602305491.1360.9230. Requisition number 87254 has
been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet With Out Exhibits
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4030
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE: April 28, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of a professional services agreement with Ballard CLC, 1001
Bayou Place, Alexandria, LA for electrical and structural design and consulting services for
Denton Municipal Electric in an amount not to exceed $150,000.
BACKGROUND:
Denton Municipal Electric (DME) requires the support of consulting engineers to produce
structural and electrical designs for electric substations, transmission lines, and other projects
that are approved in the CIP. There is not sufficient continuous work to justify having
civil/structural engineers on staff that has the specific expertise to perform structural designs for
substations and transmission lines. DME has had professional services contracts with
engineering firms for project design and consulting services of this type since 2000. The
substation design group of what is now Ballard CLC in Alexandria, Louisiana has completed the
structural designs, steel details, and electrical layout drawings for all DME's substation projects
since 2000. Ballard CLC was recently formed by the merger of two engineering firms located in
Alexandria, Louisiana, one of which was CLC Engineers, Inc. DME has had a professional
services agreement in place with CLC Engineers, Inc. for substation design since late 2006. The
amount for that agreement was $149,900. The funds approved for that contract have been
expended.
The individuals that now make up the substation design section of Ballard CLC were formerly
part of CLC Engineers, Inc. This design group has performed very well for DME in the past,
and the working relationship has been very positive from the standpoints of communication and
productivity. Since the Ballard CLC personnel have completed the design for all of DME's
substation projects since 2000, they have a library of design features and equipment drawings
and a knowledge of practices employed by DME that will allow future project designs to be
completed more quickly and at less cost than with a different engineering group. Ballard's
ability to perform detailed steel fabrication design has allowed purchase of substation steel
structures directly from steel fabricators, thereby lowering steel costs and eliminating the need to
rely on substation packagers. Substation packagers are suppliers that specialize in providing
complete substation material packages that include the structural and fabrication designs,
substation steel, busywork, conductor, connections, switches, arresters and other hardware. The
designs and performance of substation packagers vary greatly in quality, price, and
methodologies. This makes comparison of competitive bids on an equal basis problematic at
best. As an example of this, steel weights have differed by as much as 100% in bids from
different packagers for the same station layouts and elevations. That means that they are not
proposing to supply the same material.
AIS -PUB Agenda Item #3
April 28, 2008
Page 2 of 3
It was the design group of what is now Ballard CLC which first proposed that DME consider
allowing them to prepare complete designs, including the steel fabrication drawings, so that bids
could be sent directly to steel fabricators, thereby eliminating the large variations in quality and
price. Since DME began using this approach, consistency of bids has been much better because
the suppliers must bid the same substation steel fabrication drawings. CLC contacts with steel
fabricators have also resulted in positive relationships for DME with several fabricators that have
met special needs at reasonable prices and delivery times that would not have been possible
of erwise.
DME proposes to conclude the existing CLC Engineers professional services contract and
replace it with a new one with Ballard CLC for preparation of substation designs. There are
several design projects that have been in progress with this group, and the new contract will
allow them to continue to provide similar services. Changing design groups at this point would
mean that DME would have to develop new relationships and work through training a new group
on the types of designs and features DME has found useful. The efficiency of having services
available from the group that has prepared the designs for several projects that are almost ready
to proceed to bid is obvious.
The existing contract with CLC has provided designs for RD Wells Interchange, RD Wells
Substation, Fort Worth Substation, a design change for the Hickory Substation Addition, and a
portion of the design for the Jim Christal Substation 13 8kV Reconstruction. Of these designs, all
are 95% to 100% complete except for Jim Christal. Jim Christal is approximately 60%
complete. Design for the Bonnie Brae Substation to support the Razor Ranch development will
be undertaken as soon as the substation site is procured. As DME was preparing to request an
increase in the amount for the CLC contract, the merger to form Ballard CLC was announced.
Consequently, a new contract is required.
Ballard CLC will continue to provide engineering and consulting support for issues that arise
during the procurement and constructions phases of projects which they designed. It is intended to
proceed with design of the Pockrus Substation 13 8kV Reconstruction project after completion of
the designs for the Jim Christal and Bonnie Brae substations. Support for other projects could also
e require .
OPTIONS:
1. Recommend approval of the Professional Services Agreement with Ballard CLC.
2. Not recommend approval of the Professional Services Agreement with Ballard CLC.
RECOMMENDATION:
Approve the proposed Professional Services Agreement with Ballard CLC.
ESTIMATED SCHEDULE OF PROJECT:
Designs will continue upon approval. All of the designs that are 90%+ complete will be
completed by mid June 2008. The Jim Christal design will be completed by August 1, 2008.
Design of the Bonnie Brae Substation will be complete by October 31, 2008.
AIS -PUB Agenda Item #3
April 28, 2008
Page 3 of 3
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None for Ballard CLC.
FISCAL INFORMATION:
Designs will be funded as part of approved CIP projects:
R. D. Wells Substation -Project #600126489
Fort Worth Substation -Project #600821492
Bonnie Brae Substation -Project #6002099493
BID INFORMATION:
State law does not permit bidding for professional services.
DATE SCHEDULED FOR COUNCIL APPROVAL:
May 6, 2008
EXHIBITS:
1. Proposed Professional Services Agreement
Respectfully submitted:
Phil Williams
General Manager of Electric Utilities
Denton Municipal Electric
Prepared by:
~ d~ ' ~ ~
Chuck Sears
Engineering Division Manager
Denton Municipal Electric
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING SERVICES IN SUPPORT OF THE CITY'S CAPITAL IMPROVEMENT
PLAN RELATED TO APPROVED ELECTRICAL POWER SYSTEM CONSTRUCTION
PROJECTS FOR DENTON MUNICIPAL ELECTRIC WITH BALLARD CLC (IN AN
AMOUNT NOT-TO-EXCEED $150,000); PROVIDING FOR RETROACTIVE APPROVAL;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of Ballard CLC, a Limited Liability Corporation
("Ballard"), to provide the City with professional engineering services pertaining to Ballard's
work in support of the city's capital improvement plan on approved electrical power system
construction proj ects for Denton Municipal Electric; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other services and
tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that Ballard
is appropriately qualified under the provisions of the law, to be retained as an engineering firm
for the City and for Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional Services Agreement for Engineering Services in Support of the City's Capital
Improvement Plan";NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a "Professional Services
Agreement for Engineering Services In Support of the City's Capital Improvement Plan" (the
"Agreement") with the engineering firm of Ballard CLC, a Louisiana Limited Liability
Corporation, for professional engineering services pertaining to the interests of the City and of its
electric department, DME, as hereinabove described, in substantially the form of the Agreement
which is attached hereto as Exhibit "A" and incorporated herewith by reference.
I
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of Ballard, and the ability of the Ballard, to perform
the professional engineering and related services needed by the City for a fair and reasonable
price.
SECTION 4: The effective date of this Agreement shall be from and after March 1,
2008.
SECTION 5: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 6: The remainder of this ordinance, except as stated in Section 4 herein,
shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
G
-3 r"
TATL TLXAS
~~NTI' ~F DENTIN ~
PR~FESS~~NAL S~~vI~ES A~RELENT ENGINEERING SERVICES
IN SUEPGT TIE CITY'S CAPITAL IMPROVEMENT PLAN
THIS AGREEI4~IENT ~herea~er the "Agreerner~t"~ 1s made and entered into of the gay of , 2~~~, but effective firarri and aver March I, 2~oS, by and between the
of Denton, Texas, a Texas Municipal ~arparation, with its prlnc1pal offices at ~ 15 East
McKinney Street, Denton, Texas 762a 1 {hereinaer "~w~TER"~; and Ballard L, a Louisiana
Limited Liability arporation, with its offices at I 1 Bayou Place, Alexandria, Louisiana 7 I3 d3
~hereina~er "BALLARD"}; the parties acting herein by and through their respective duly-
authorized representatives ar~d officers.
wITNESSETH, that in consideration of the rt~utual prarriises, covenants, agreements herein
contained, and ~n canslderat~on ofthe premises, the parties hereto do mutually AGREE a follows: i
AR'~ILE I
EMPLOYMENT ~F BALLARD
The ~wNER hereby contracts with BALLARD, as an independent contractor, and
BALLARD hereby agrees to perfarrn the services herein ~n connect~an wrth the capital
Improvements Projects as well as other projects needed by the ~wI~ER, as stated in the Articles to
fallow, with diligence and in accordance with the professional standards customarily obtained far
such services in the State of Texas. The profess~anal services set forth herein are in cannectron
with the following described proj ect the "Project"}:
Providing professional engineering services to Denton Municipal Electric ~"DME"~, which is
a wholly'owned department afthe OwN~R pertaining tv the Capital Improvements Plan
together wida any related eng~nee~.ng services that are directed by the ~wNER.
ARTICLE E
S~PE ~F SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
To perform thane services a are described in the Scope of Services letter, dated March 1,
~~~8, from David R. Pfeiffer, Vice President, of BALLARD to shuck Sears, Engineering
Adrr~inistratar of DE, consisting of twelve ~12~ total pages, narked as Exhibit "A" ~"Scope of
Services and Statement of ualificatians"~; v~hich Exhibit is attached hereto, and the same Xs
incorporated herewith by reference.
ARTICLE III
ADDITIgNAL SERVICES
Any Additional Services to be performed by BALLARD, if authorized by the OwNER~
which are not included as Basic Services in the above-described scope of Services, set forth in
Page 1 of 14
i
4
Article II move, shall be later agreed-upon ~wNER and NULTANT, who shah determine, in writing, the scope of such Additional services, the amount of compensation for such
Additional
services, and other essential terms pertaining to the provision of such Additional services by
BALLADD.
AI~TILE ITT
PERIOD ~F ER~I
This Agreement shall became effective ors the first day of 1Vlarch Z4~$. It shall remain in
force and effect for the period that may reasonably be required for the completion of the Project,
~nclud~ng Addltlona~l services, if any, and any required extensions approved by the wNE~. The
parties shall generally fallow Exhibit "A"regarding the professional engtneenng services rendered.
This Agreement maybe sooner terminated in accordance with the provisions hereof. Time is of
the essence in the performance and completion of this Agreement. MALLARD sh~~ make aid
reasonable efforts to complete the services set forth herein as expeditiously as possible and to rr~eet
the schedules} reasonably established by the ~wN~R, acting through lts City Manager, its
Assistant pity Manager for Utilities, its Cenerai Manager afDE or his designee.
A~TILE V
~MPENATION
Ai MPENATION TERM:
"subcontract Expense" is defined a those expenses, if any, incurred by BALLAD
in the employment of others in outside firms, far services in the area of professional
consulting, or other related services. Any subcontractor or sub-consultant billing reasonably incurred b BALLADD in furtherance and connection with the Project shall be invoiced
to
Y
~wNE~ from BALLAD.
2. "Direct Non~Labar expense" ~s defined as that expense, bayed upon actual cost,
for any vut-af-pocket expense reasonably incurred by BALLADD in the performance of
this Agreement for long distance telephone charges, telecopy charges, messenger services,
printing and reproduction expenses, out-of pocket expenses for purchased computer time,
prudently incurred travel expenses related to the work on the Project, and similar incidental
expenses that are stated in the "statement of uali~cations -Hourly Fee schedule"
Exhibit "A"~ that are incurred in connection with the Project.
B. BILLIlV~x AND PAYMENT:
For and in consideration of the professional services to be performed by BALLADD herein,
~wNE~ agrees to pay BALIIARD, based upon the satisfactory completion of the $asic
services tasks set forth in Exhibit "A" above, as follows
1. BALLADD shall perform its warp on this Project in accordance with the
provisions of those tasks which are described and are set forth in the "cope of services"
defined in Exhibit "A" attached hereto and incorporated herewith by reference. BALLADD
shall bill on a once-monthly basis ~n accordance wYth the provision of the hourly b1ll~ng rates,
on a halls as applicable, as otherwise provided In Exhibit "A", in the Hourly Fee schedule.
Page of 1~
i
Far and ~n consideratlan of the professional services to be performed by BALLARD, the ~wNER agrees to pay, In accordance with Exhrbit "A" hereto, which is incorporated
herewith by reference, a total fee, including reirpburserr~ent far direct non~~abar expenses and
far its subcontractor expenses, of an amount not-ta-exceed ~ ~~,~aa.
Partial payments to BALIIA~.D shall be nude monthly in accordance with the
statements reflecting the actual completion of the Basic Services, rendered to an approved by
the OwNBI~ through its City .Manager, ar 1ts Assistapt 1ty Manager far Ut~lltles, or its
reneral Manager of DMF~, ar his designee. However, under no circumstances shall any
monthly statement far services exceed the value of the work performed at the time
staterrtent is rendered. The ~wN~R may withhold the final five ~~°I~} percent of the above
pat-ta-exceed amount until satisfactory ca~npletion of the Praj ect by BALLARD.
. Nothing captained in this Article shall require the ~wNER to pay for any work
that ~s not subrr»tted m carr~pllance with the terms of this Agreement. ~wNER shall pat be
required to make any payments to BAI~~ARD at any time when BALI~ARD i in default
under this Agreement.
4. It is specif tally ur~derstaod and agreed that the BALLAD shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the for any charges expense or reimbursement above the not-ta-exceed
amount a stated hereir~above, without first having obtained the prior written authorization of
the OWNER. BALLA~I) shall pat proceed to perform any services to be later provided far
under Article "Additional Services" without first obtaining the pnor written authorization
ofthe OWNER.
ADDT~I~NAL SERVICES: For Additional Services authorized in writing by the
~wNER in Article III. hereinabove, BALLARD shall be paid based an a ta-be-areed~upon
Schedule of hargesi Payments for Additional Services shall be due and payable upon
subrrzission by BALLARD, and shall be paid in accordance with Article V.B. hereinabave.
Statements for Basic Services and any Additional Services shall be submitted to OWNER no
rriore frequently than once monthly.
PAYN~E]~T: If the OWNER fails to make payments due the B for services
and expenses within thirty ~3a} days after receipt of the BALLARD' undisputed statement
thereof, the amounts due BALLARD will be increased by the late charge of one percent ~ 1 ~I~}
per month from and after the said thirtieth ~3ath} day, and in addition, thereafter, BALLARD
rnay, after giving ten ~1 a} days written notice to the OWNER, suspend services under this
Agreement until BALLARD has been paid in full for all amounts then due and owing, and
pat disputed by ~wNER, for services, expenses and charges. Provided, however, nothing
herein shall require the OWNER to pay the Ia#e charge of one percent ~ I °/a}per rr~anth as set
forth herein, if the reasonably determines that BALI~ARD'S work is not submitted
in accordance with the terms of this Agreement ar is unsatisfactory, in accordance with
Article V.B. of this Agreement, and ~wNER has promptly notified BAI~LARI~ of that fact
~n writing.
Page 3 of 1~
i
Y J
ARTICLB VI
~B~R~ATI~N AND RE~IEw ~F 'I`mo w~RK
BALLARD will exercise reasonable care and due diligence in discovering and prarnptly
reporting to the ~wNER any defects or deficiencies in the work of BALLARD or any of its
subcontractors or sub-consultants,
ART`ILE VII
~wNER~HI D~~IENT
All dacurnents prepared or furnished by the BALLARD pursuant to this Agreerrxent are
instruments of service and shall become the property of the OwNF~R upon the termination of this
Agreement. BALLAI~D i entitled to retain copies of all such documents. The documents
prepared and furnished by BALLAD are intended only to be applicable to this project and
~wNER's use ofthese documents in other projects shall be at ~wNE~'s sale risl~ and expense In
the event the ~wNFR uses the Agreement in another ra ject ar for other purposes than specified
herein any of the infarm.ation or materials developed pursuant to this Agreement, BALLARD is
released from any and all l~ablllty relating to their use m that pray ect,
ARTICLE ~111I
IND~pENDENT ONTRA~TOI~
BALLAD shall provide services to as an independent contractor, not as an
errrployee of the wNLR. BALLARD shall not have or claim any right arising from ernplayee
status.
ARTILB ~ ~
nrTD~NITY A~REE~NT
BALLARD shall indemnify and saws and hold harmless the ~wNER and its officials,
officers, agents, attorneys and err~ployees from and against any and all liability, claims, demands,
damages, lasses and expenses, including but not limited to court casts and reasonable attorney fees incurred by the ~wNER; and including without lin~itatlon damages far badly and
personal injury,
death} or property damage, resulting from the negligent acts or om~sslans of BALLARD, ar its
principals, officers, shareholders, agents, attorneys and employees rn the execution, operation, ar
performance afthis Agreerr~ent.
Nothing in this Agreement shall be construed to create a liability to any person who is not ~
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE ~
INURAN
During the performance of the services under this Agreement, BALLARD shall maintain the
fallowing insurance with an insurance company licensed to da business in the state of Texas by the
Mate Insurance Board or any successor agency, that has a rating with A. IVi. Best Date farriers of at
~a~e ~ of I D
i
least an "A"" Qr above.
A. comprehensive general Liability insurance with bodily injury limits of not less than
$1,O~a,a~~ far each occurrence and not less than I,a~~,0aa in the aggregate, and with
property damage limits of not less than 1 ~a,~~a for each occurrence and not less than
1 ~0,~~0 in the aggregate.
Automobile Llabil~ty insurance bodily ~n~ury limits of not less than 5~a,~aa for each
person and not less than $5~0,~~~ for each accident and with property damage lirr~its for not
less than 10~,~~0 for each accident.
C, worker's ompensatian Insurance in accordance with statutory requirements, and
Employer's Liability Insurance with limits of not less than 1 a~,a~a for each. accident.
D. ~rofesslonal L~billty Insurance ar ppropnate Errors ~mtss~ons Insurance with lnn~ts of
not less than 1,~OQ,~D~ annual aggregate.
BALLARD shall finish insurance certificates or insurance alleles at the ~wNER's request E. p
to evidence such cavern es. The insurance policies shall name the as an additional
insured an all such policies to the extent that is lega~~y passible, and shall contain a provision
that such insurance shall not be cancelled or madi~ed without thirty ~a} days prior written
notice to OwNE and BALLARD. In such event, BALLAD shall, prior to the effective
date of the change or cancellation of caverae, dellver capes of any such ubstltute pallcle,
furnishing at least the same policy 1iits and coverage, to ~wNER.
A~TILE ~I
ARBIT~ATI~~ AND ALTERNATE DISPUTE RE~LUTI~N
The parties will make efforts to settle any disputes arising under this Agreement by
submitting the dispute to arbitration or other means of alternate dispute resolution such as
medlatlon~ However, no arb1trat~on ar other faun of alternate dispuee resalut~on arising nut 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 II
TERMINATION ~F AGREEMENT
A. l~atwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty ~ a}days advance written notice to the other party.
This Agreement may alterriatively be terminated in whale ar in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will he effected unless the other party is given ~l} wntten notice delivered by certified mall,
return receipt requested} of intent to te~inate and setting Earth the reasons specifying the
nonperformance ar other reasons}, and not less than thirty ~~0} calendar days to cure the
failure; and ~2} an opportunity for consultation with the terminating party pear to termination.
Page 5 of la
I
If the Agreerrient ~s terminated prior to cvmplet~on of the services to be provided hereunder,
BALLARD shall immediately cease all services upon receipt of the written notice of
termination from ~wNER, and shall render a final bill far services to the Dw~NER within
twenty days affer the date of termination. The ~wI~ER shall pay BALLARD for all
services properly rendered and satisfactorily performed, and for reimbursable expenses prior
to notice of termination being received by BALLARD, in accordance with Article V. of this
Agreement, should the ~wNER subsequently contract with a new consultant for the
continuation of services ors the Prod ect, BALLARD shall cooperate in providing information
to the and to the new consultant. ~f applicable, shall allow BALLARD a
reasonable tine to transition and to turn over the Project to a new consultant.
C~NULTANT shall turn over all documents prepared ar furnished by CON~ULTAI~T
pursuant to this Agreement to the ~wNER on or before the date of termination, but nay
maintain copies of such documents for its files.
ARTICLE
REP~NIBILTTY FAR CLAIlVi A~VD LIABILITY
Approval of the work by the DwNER shall not constitute nor be deemed a release of the
res onsihility and liability of BALLARD, its principals, its officers, employees, or agents, for the p
accuracy and cornpetency of their wor1~ performed pursuant to this Agreement; oar shall such
a royal by the ~wNER be deemed as an assumption of such responsibility by the ~wNER for pp
any defect in the worl~ prepared by BALLARD, its principals, its officers, employees, or agents.
ARTICLE ~I'V
I~DTICE
All notices, communications, and reports required ar permitted under this Agreement shall be
ersanall delivered to; or telecopied ta; or nulled to the respective parties by depositing same in
the [Toiled Mates rriail at the addresses shown below, postage prepaid, certif ed mall, return receipt
requested, unless atherwlse specified herein.
To BALLARD: To ~wNER:
David Pfeiffer, P.E. ~ALLAR~, CLC City of Denton, Texas
1 a~ 1 Bayou Place City ll~anaer
Alexandria, Louisiana 7I3~3 ~l5 East McKinney
Phone: {31 } '~7-1 ~7~ Denton, Texas 7~~~ I
Fax; X31 } 77-1 ~7~ Pax: {94~} 349-559
and
Chucl~ dears, Engineering Administrator
Denton Municipal Electric
1 ~9 spencer Road
Denton, Texas 7~2D5
Phone: X940} 3497 ~ 11
Fax: {94~~ 349-7334
Page ~ of 10
l_
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All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three ~}days after mailing of the notice, whichever event shall first
occur,
ARTICLE ~
ENTII ACREEN~ENT
This A eernent consisting often ~ 10} pages and two exhibits cor~stitntes the corrzplete ,
and final expression of the agreement of the parties and is intended as a complete and exelus~ve
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
prorrxlses, representations, negotlat~ons, dlscusslons, comrrzu~ucatlons, understandings, an
agreements which may have been made in connection with the subject matter of this Agreement,
ART~LE ~I
S~ERAB1LrTY
if any provision ofthis Agreement is found or deemed by a courk of competent jurisdiction to
be invalid ar unenforceable, it shall be considered severable frarrz the rerr~ainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as passible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE ~
CN~PLFANE wIT~ LAwS
BALLAD shall comply with all federal, state, local laws, rules, regulations, and ordinances
a livable to the work performed by BALLARD hereunder, as they may now read ar a they may pp
hereaer be amended.
ARTICLE ~
DIRPViINATI~N PR~HIBIT~D
In performing the services required hereunder, BALLARI~ shall not discriminate against any
ersan on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
p handicap.
ARTICLE XIS
PERSONNEL
A. BALLARD represents that it has or will secure at its own expense all personnel required to
perform all the services required undez this Agreement, Such personnel shall not be
employees or officers of, nor have any contractual relations with the BALLAD
shall immediately inform the OwN~R in writing of any vonflict of interest ar potential
car~flivt of interest that BALLARD may discover, ar which nay arise during the terrri of this
Agreement.
Page of 10
I
.
B. ~wER requires that MALLARD carefully safeguard any documents, data, and information
provided by w~TER to ~ALLAID incident to this engagement.
All services required hereunder will be performed by MALLARD or under its direct
supen~viion. Ail persanne~ engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under applicable state and local laws
to perform such services.
ARTICLE ~
AIC~NABfLITY
BALLARD shall not assign any interest in this Agreement and shall not transfer any interest
irn this Agreement whether by assignment, novation or otherwise} without the prior written consent
of the ~wNER. BALLARD shall pronnptly notify Ow~ER, in writing, of any change of its name
as well as of any rrraterial change in its corporate structure, its location, andlor in its operations.
ARTICLE ~I
NI~DIFIATION
iVo waiver or rnodificatian of this Agreement or of any covenant, condition, llmntat~on herein
contained shad be valid unless in writing and duly executed by the party to be charged therewith,
Na evidence of any waiver or modif ic~tian shall be offered or received in evidence ire ar~y
proceeding arising between the parties hereto out of ar affecting than Agreement, ar the rights or
obligations of the parties hereunder, unless such waiver or nnod~ficatnan ns m wn~tnng, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set forth.
ARTICLE ~
NIIELLANE~U
A. The fallowing exhibits are attached to, incorporated herewith by reference, and are made a
part of this Agreement for all purposes pertinent:
Exhibit "A" statement of qualifications 'Hourly Fee schedule
. The ~wNEI shall have the right to audit and make copies of the books, records and
can~putatians pertaining to this Agreerrient. BALLAD shall retain such books, records, documents
and other evidence pertaining to this Agreement dining the period of this Areerrlent and far an
additional three years thereafter; except if an audit is in progress ar audit findings are
unresolved, in which case records shall be kept until all audit tasks axe completed and resolved.
These books, records, documents and other evidence shall be available, wlthnn ten ~ I a} business
da of written request. Further, BALLAR.D shall also require all ubcontractars, material
Ys . . suppliers, and other payees to retain all book, records, documents and other evidence pertaining to
this Agreement; and to allow wNER similar access to thane documents. All books and records
will be made available within a 5a-mile radius of the pity of Denton, Texas. The cast of the audit
will be borne by OWNER unless the audit reveals an overpayment of 1 °I~ or greater. If an
overpayment of 1 °I~ or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the BALLARD which rriust be payable within thirty ~~a} days of receipt of an
Faye S of 1 a
i
r
invoice, Failure to comply with the provisions of this paragraph shall be deemed a material breach
of this Agreement, and shall constitute, in the ~wNER' cola discretion, grounds for termination
thereof. Fach of the terms "books>,, "records", and "other evidence" as used herein, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document,
Venue of any salt ar cause of action under this Agreement shall lie exclus1vely ~n Denton
bounty, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the state of Texas.
D, BALLARD shall carrimence, carry an, and corr~plete its work on the Project with all
a livable dispatch, and in a sound, economical, efficient manner, and in accordance with the pp ~ .
provisions hereof. ~ accampl~shing the Pra~ect, BALLAD shall take such steps as axe
a ra riate to ensure that the work involved is properly coordinated with related work being pp p
carried an by the ~fNER.
E. For uses of this Agreement, the parties agree that the Pro j ect Principal shall be David R. PAP .
Pfeiffer, P.E,, V1ce President, This Agreerrrent has been entered into with the understanding,
ex ectation, and the OwNER's reliance, that the above~stated employees afBALLAD shall P
erform and supervise all ar a significant portion of the work on the Project. Any proposed p
changes regarding the change of the Pray ect Pnnc~pal or other key personnel, requested by
BALLARD, respecting one ar rr1ore of the above-stated employees, shall be subject to the
a royal of ~w1~E~, which approval the ~NB~ shall not unreasonably withhold. Pp
l~othing herein shall limit BALLARD from using other qualified and competent rnerribers of
its firm to perform the other incidental services required herein, under its supervision or
control.
F. The ~w1R shall assist and fully cooperate with BALLAD by placing at the BALLAD'
disposal all available information pertinent to the Prod ect, including previous reports, any
other data relative to the Project and arranging far the access ta, and ako all provisions for
BALLAD to enter in ar upon, public and private property as required for BALLARD to
erfarm professional services under this Agreement. ~wIR and BALLARD agree that p ~ ~ .
BALLAID is entitled to rely upon background information funushed to 1t by DwR without the need for further inquiry or investigation into such information.
The captions of this Agreement are for info~ational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
fN wIT`NE wHFREDF, the pity of Denton, Texas has executed this Agreement in four
4 ari 'nal counterparts, by and through its duly authorized pity Manager; and BALLARD has
~ executed this Agreement by and through its duly authorized undersigned officer, on this the
day of Z~aS.
Page 9af10
I V
f~~~~
TTY D~NT~N, TEA
A Texas N~unicipal ~orp~ratien
~y:
C~~R~xE AN~P~~LL
CITY MANAGER
ATT~TF
J~NN~'E~ ALTAR, QTY ~~ETARY
~y: _
APPRV~D A T~ LEGAL FGk:
~~~VIlV N~. NYDER, QTY ATTDRIY
r'
?71
By .
"BALLARD"
BALLARD PLC
~ LOU1~la1]~ L1~ril~e[~ L1~~1~1 Qr~]Ora~10~1
~
ATT~T:
~y:1
Page 1 ~ of ~ D
i
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 28, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board convened into an Closed Meeting on Monday,
7 April 28, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center,
8 901-A Texas Street, Denton, Texas to consider the following specific agenda items listed below.
9
10 Present: Chair Charldean Newell, Dick Smith, John Baines and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Bill Cheek, Phil Gallivan and Randy Robinson, all excused
17
18 OPEN MEETING:
19
20 3) Consider recommending approval of a professional services agreement with Ballard CLC,
21 1001 Bayou Place, Alexandria, LA for electrical and structural design and consulting
22 services for Denton Municipal Electric in an amount not to exceed $150,000.
23
24 Howard Martin, ACM Utilities, called on Chuck Sears, Engineering Division Manager, to
25 present.
26
27 Sears stated that when there is substation or transmission work to be done, DME must have
28 outside structural engineers to do the design work. DME staff is electrical in nature and cannot
29 do civil or structural work. Sears stated that a substation is a uniquely designed item based on
30 the equipment that is bid and purchased and must be built to fit. This particular group of
31 individuals has designed every substation and/or modification for the City since 2000. Staff has
32 had a very positive relationship with this group. They are very efficient cost and time wise and
33 staff would like to continue that relationship.
34
3 5 Chair Newell stated this group had reformulated themselves in that formerly they were part of
36 CLC Engineers, Inc., and are now Ballard CLC. Sears replied that was the nature of the
37 business world today.
38
39 Board Member Bill Grubbs asked about competitive bidding. Chair Newell replied that
40 professional services agreements cannot by law be competitive. George Campbell, City
41 Manager, stated that the City could solicit proposals and select from those proposals.
42
43 Sears stated that staff liked Ballard's professional expertise and that in terms of cost, and in
44 terms of cost their rates are as competitive as anyone in that field.
45
46 Board Member John Baines moved to approved with a second from Board Member Dick
47 Smith. The motion was approved by a 4-0 vote.
48
49 The meeting was adjourned at 11:12 a.m.
50
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Roselawn Drive 24-Inch Water Line; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3971-Roselawn 24-Inch
Water Line awarded to the lowest responsible bidder meeting specification, Fox Contractors Inc.,
in the amount of $1,104,582.64). (The Public Utilities Board approved this item by a vote of (4-
0).
BID INFORMATION
The Roselawn Drive 24-Inch Water Line project consists of approximately 7,110 linear feet of
twenty four-inch (24-in), 114 linear feet of twenty-inch (20-in), and 450 linear feet of eight-inch
(8-in) water line paralleling Roselawn Drive from Bonnie Brae east/northeast to Bernard Street.
The new transmission line is a major component of the City's distribution system.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Award to Fox Contractors Inc. in the amount of $1,104,582.64.
PRINCIPAL PLACE OF BUSINESS
Fox Contractors Inc.
Waco, TX
STAFF COST ESTIMATE
The engineer's estimate for this project was $1,980,000.
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed in 120 working days from Notice to Proceed.
Agenda Information Sheet
May 6, 2008
Page 2
FISCAL INFORMATION
This project will be funded from the following accounts:
630166510.1365.40100 $ 12,001.87
630166511.1365.40100 $ 9,100.00
630166513.1365.40100 $173,615.32
630166514.1365.40100 $370,808.16
630166515.1365.40100 $539,057.29
$1,104,582.64
Requisition number 87305 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3971
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE ROSELAWN DRIVE 24-INCH WATER
LINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3971-ROSELAWN 24-INCH WATER LINE AWARDED TO THE
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FOX CONTRACTORS INC.,
IN THE AMOUNT OF $1,104,582.64).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3971 Fox Contractors Inc. $1,104,582.64
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-Bid 3971
1 PUBLIC UTILITIES BOARD AGENDA ITEM #2
2
3 DRAFT MINUTES
4 PUBLIC UTILITIES BOARD
5 April 14, 2008
6
7 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
8 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
9 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
10 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
11
12 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
13
14 Ex Officio Members:
15 George C. Campbell, City Manager
16 Howard Martin, ACM Ut111t1eS
17
18 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
19
20 OPEN MEETING:
21
22 ITEMS FOR INDIVIDUAL CONSIDERATION:
23
24 2) Consider recommending approval of Bid No. 3971 to Fox Contractors Inc. for the
25 Construction of the Roselawn Drive 24-Inch Water Line project, in an amount not to exceed
26 $1,104,582.64.
27
28 Board Member Gallivan asked about the disparity in price from the lowest to the highest bidder.
29 Frank Payne, City Engineer, replied that staff received an overly conservative estimate from the
30 consultant, and if one looks at the bids, one will see that they fall into three different groupings.
31 Staff checked out the low bidder and found that he has a good reputation. Board Member Randy
32 Robinson asked if the City had used this person before. Payne replied not to his knowledge but
33 he knew that he had done work for the City of Fort Worth.
34
3 5 Board Member Grubbs moved to approve Item 2 with a second from Board Member
36 Gallivan. The motion was approved by a 4-0 vote.
37
3 8 The meeting was adj ourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the repainting of the High School Elevated Water Tank; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3945-High School Water
Tower Repaint awarded to the lowest responsible bidder meeting specification, J.R. Stelzer
Company, in the amount of $949,467). (The Public Utilities Board approved this item by a vote
of (4-0).
BID INFORMATION
This bid is for the installation of new primer and paint systems to the City's High School
Elevated Storage Tank located on the north side of Denton adjacent to the east side of the
University of North Texas Research Center, formally known as the old Texas Instruments
complex. A complete description of the project is included in the Public Utilities Board Agenda
Information Sheet attached as Exhibit 2.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Award to the lowest responsible bidder meeting specification, J.R. Stelzer Company in the
amount of $949,467. This amount includes the base bid amount of $929,667 plus Additive
Alternate Bid Item 2a in the amount of $19,800, for a total award amount of $949,467. The
lower cost offering from M.K. Painting Inc. is being rejected based upon the work experience
and job performance history as described in the above referenced PUB Agenda Information
Sheet (Exhibit 2).
PRINCIPAL PLACE OF BUSINESS
J.R. Stelzer Company
Lincoln, NE
Agenda Information Sheet
May 6, 2008
Page 2
STAFF COST ESTIMATE
The engineer's estimate for the base bid portion of this project was $780,000.
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed in 120 calendar days from Notice to Proceed.
FISCAL INFORMATION
This project will be funded from account 630140517.1360.40100. Requisition number 87213
has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation Sheet
Exhibit 2: Public Utilities Board Agenda Sheet without Exhibits
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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Exhibit 2
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE: April 14, 2008
DEPARTMENT: Utility Administration
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of award of Bid No. 3945 in an amount of $ 949,467.00 to J. R. Stelzer
Company, Lincoln, Nebraska for the repainting of the 2.0 Million Gallon (MG) High School
Elevated Storage Tank.
BACKGROUND
The High School Elevated Storage Tank is located on the north side of Denton adjacent to the
east side of the UNT Research Center formally known as the old Texas Instruments complex
(Exhibit 1). This elevated storage tank was originally constructed in 1969 by Pittsburg-Des
Moines Contractors and has a capacity of 2.0 million gallons. The tank Design is referred to as a
Toro-pillar style tank and includes a supporting structure composed of a large central fluted steel
column and a series of tubular steel columns around the peripheral edge of the tank. A picture of
the tank is included as Exhibit 2. The tank was originally referred to as the High School Tank
due to its exterior painting scheme and colors. The tank's painting maintenance history is listed
below:
Y_ Activi Description
1969 Original Construction Interior -Asphaltic Based Coating System
Exterior -Lead Based Primer with Alkyd
Based Coating System
1979 Exterior Painted Silicon Alkyd Based Over Coat System
1990 Interior Painted Sand Blast to Bare Steel, Two Coat Epoxy
System
The tank's interior and exterior coating systems has reached the end of their usable life and new
paint systems and primers need to be installed. This will require sand blasting all of the interior
and exterior surfaces of the tank and application of new coating systems. TCEQ regulations will
require a full containments system to be used to protect nearby residences from air
quality/nuisance conditions that could result from a sand blasting operation. Since the exterior
paint system has a lead based primer, the TCEQ has additional requirements to insure this
material is handled and disposed of properly and the workforce is protected from lead exposure
during the operation. In anticipation of this project as well as other future tank painting projects,
the Water Department has developed and funded a tank painting fund to help fund these
maintenance projects using 0&M funds budgeted in the Water Production Division. The current
fund balance accumulated since FY 1992 is $ 2,150,000. The preliminary budget for this project
Exhibit 2
AIS -PUB Agenda Item#3
April 14, 2008
Page 2 of 3
was $ 882,000. An engineering contract with Birkoff, Hendricks & Conway, L.L.P. for the
design, preparation of plans, bid specifications, contract documents, and inspection during
construction was previously approved from this project fund in the amount of $99,610.
The paint scheme for the High School Tank was developed in the late 1960's at a time when the
City of Denton had three elevated storage tanks. As a community effort to advertise the City of
Denton as an educational center for the region, each of these tanks were painted in the school
colors of the two universities and the city's only high school. By the time the city built another
elevated storage tank, the DISD had two highs schools with plans underway for a third one. In
addition, the old Peach Street Tank (which was painted in the TWU school colors) is scheduled
to be removed from service this fiscal year. The decision was made at that time to paint the new
tank using the City of Denton's new logo and create a more conventional paint scheme that
advertised the City of Denton. Staff proposed standardizing the appearance of all elevated
storage tanks using this new painting scheme over time as each new tank is constructed and each
existing tank is repainted. This recommendation was included in the agenda backup materials to
the PUB and City Council at the time the engineering contract with Birkhoff, Hendricks &
Conway was approved. The project specifications for the tank painting bids were prepared using
this new painting scheme. This includes a white paint background with red and blue City of
Denton logos in three locations on the side of the tank.
Bids were received on March 18, 2008 (bid number 3945) from a total of nine bidders. The
apparent low bidder for the base bid amount was from M. K. Painting, Inc., from Wyandotte,
Michigan ($864,000.00). The apparent second low bidder for the base bid amount was from J.
R. Stelzer Company from Lincoln, Nebraska ($929,667.00). The engineer's opinion of probable
cost for the base bid portion of the project was $ 780,000.00. The bid summary is enclosed in
Exhibit 3.
The project engineer with Birkoff, Hendricks & Conway has reviewed that the work experience
and job performance history of the apparent low bidder (M. K. Painting, Inc.) does not meet the
specifications in the bid documents. In addition, the evaluation of prior j ob performance has not
been satisfactory from an owner's perspective. The project engineer is not recommending M. K.
Painting Inc., as the qualified low bidder. Evaluation of the work experience and j ob
performance history of the apparent second low bidder (R. J. Stelzer Company from Lincoln,
Nebraska) was favorable and the project engineer is recommending this contractor as the
qualified low bidder for this project (Exhibit 4).
OPTIONS
1. Award the base bid to the qualified overall low bidder of the project, J. R. Stelzer Company
from Lincoln, Nebraska for the base bid amount of $ 929,667.00.
2. Award the bid to the apparent low bidder of the project, M. K. Painting Inc., of Wyandotte,
Michigan for the base bid amount of $ 864,000.00.
3. Consider award of either of the two additive alternate bid items.
4. Rej ect the bids and rebid the project.
Exhibit 2
AIS -PUB Agenda Item #3
April 14, 2008
Page 3 of 3
RECOMMENDATION
Staff recommends award of the repainting contract to R. J. Stelzer Company from Lincoln,
Nebraska for the base bid of $ 929,667.00 plus the additive alternate bid item 2 A for the safety
improvements to the existing access ladder for a total bid award of $ 949,467.00 consistent with
the project engineer's letter of recommendation. Based upon the engineer's investigation and
review of the apparent low bidder's job history and performance (M. K. Painting, Inc., from
Wyandotte, Michigan), staff does not recommend them as the qualified low bidder for the
project.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None.
FISCAL INFORMATION
A total of $2,150,000.00 is currently in the Water Department's operating reserve fund for tank
painting projects. The original budget for the project was estimated to be $882,000.00 and
included engineering, inspection and construction. Based upon the staff recommended bid
award, this project will need to pull an additional amount of $167,077.00 out of the tank painting
reserve fund to cover the additional cost. Staff proposes to increase the annual contributions to
this fund in the Water Production Division's FY 2009 0&M budget from $50,000.00 to
$100,000.00 per year over the next several years to replenish this fund to cover future tank
painting projects currently scheduled in the FY 2009-2013 CIP.
BID INFORMATION
See Exhibit 3.
DATE SCHEDULED FOR COUNCIL APPROVAL
May 6, 2008.
EXHIBITS
1. Location Map
2. Picture of Tank
3 . Bid Summary for Bid # 3 945
4. Engineer's recommendation letter for bid award.
Respectfully submitted,
Jim Coulter
Director of Water Utilities
Prepared by
Tim Fisher, P.E., Assistant Director of Water Utilities
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE REPAINTING OF THE HIGH SCHOOL ELEVATED WATER TANK;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3945-HIGH SCHOOL WATER TOWER REPAINT AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, J.R. STELZER
COMPANY, IN THE AMOUNT OF $949,467).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3945 J.R. Stelzer Company $949,467
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-Bid 3945
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18 OPEN MEETING:
19
20 ITEMS FOR INDIVIDUAL CONSIDERATION:
21
22 3) Consider approval of award of Bid No. 3945 in an amount of $ 929,667 to J. R. Stelzer
23 Company, Lincoln, Nebraska for the repainting of the 2.0 Million Gallon (MG) High School
24 Elevated Storage Tank.
25
26 Board Member Grubbs asked for some discussion on the lead removal. Tim Fisher, Assistant
27 Director Water Utilities, stated the city followed the AWWA standards for probably three or four
28 decades and what has evolved in the removal, as paint systems go through their life cycles, is
29 tightening of all those regulations in the 1980's and early 1990's. Fisher stated that this tank
30 was evaluated in early `90's and the cost estimate at that time was about $800,000. Staff was
31 shocked at the dollar amount and presented an encapsulation option to the Board in the mid
32 `90's. The Board was concerned about the inclusion of the overcoat system, and there were
33 certain risks associated with the lead based primers. This will be a full containment/full
34 abatement job. The difference with lead based paint is if it touches the ground before and/or
35 after the project, the contractors will have to ensure that proper clean up occurs and that those
36 materials are properly disposed of.
37
3 8 Board Member Grubbs moved to approve Item 3 with a second from Board Member
39 Gallivan. The motion was approved by a 4-0 vote.
40
41 The meeting was adjourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees
to American
Electric Power (AEP) for providing energy transmission services to the City of Denton; and
providing an effective date (File 4015-2009 Electrical Energy Transmission Fees-American
Electric Power in the total amount of $105,911). (The Public Utilities Board approved this item
by a vote of (4-0).
FILE INFORMATION
The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new,
statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal
utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the
Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric
utilities in the State specific amounts. The subject purchase order provides the City of Denton
the authority required by the City Charter to make those payments. This purchase order will
encumber funds estimated as costs for services through April 2009. No funds will actually be
spent until invoices are received, reviewed, and approved.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Approve the payment of transmission fees to American Electric Power in the amount of
$105,911.
PRINCIPAL PLACE OF BUSINESS
American Electric Power
Canton, Ohio
Agenda Information Sheet
May 6, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
The approval of this purchase will encumber funds estimated as costs for services through April
2009.
FISCAL INFORMATION
Funds to meet the regulatory fee obligation were budgeted in account 600400.6072. Requisition
86802 has been entered in the Purchasing software system.
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4015
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO AMERICAN ELECTRIC POWER (AEP) FOR PROVIDING
ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 4015-2009 ELECTRICAL ENERGY TRANSMISSION FEES-
AMERICAN ELECTRIC POWER IN THE TOTAL AMOUNT OF $105,911).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the listed utility set
forth in Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $105,911 to be paid to the Listed
Utility in the specified amount shown on Exhibit "A", which is attached hereto and made a part of
this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: 3-ORD-FILE 4015
EXHIBIT "A"
American Electric Power $105,911
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Ut111t1eS
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 6) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
25 the expenditure of funds for payments by the City of Denton for electrical energy
26 transmission fees to American Electric Power (AEP) for providing energy transmission
27 services to the City of Denton; and providing an effective date (File 4015-2008 American
28 Electric Power (AEP) in the total amount of $105,911).
29
30 Board Member Gallivan moved to approve Item 6 with a second from Board Member
31 Grubbs. The motion was approved by a 4-0 vote.
32
3 3 The meeting was adj ourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of
funds for payments by the City of Denton for electrical energy transmission fees to Lower
Colorado River Authority (LCRA) for providing energy transmission services to the City of
Denton; and providing an effective date (File 4016-2009 Electrical Energy Transmission Fees-
Lower Colorado River Authority in the total amount of $651,762). (The Public Utilities Board
approved this item by a vote of 4-0).
FILE INFORMATION
The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new,
statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal
utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the
Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric
utilities in the State specific amounts. The subject purchase order provides the City of Denton
the authority required by the City Charter to make those payments. This purchase order will
encumber funds estimated as costs for services through April 2009. No funds will actually be
spent until invoices are received, reviewed, and approved.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 14, 2008 meeting.
RECOMMENDATION
Approve the payment of transmission fees to the Lower Colorado River Authority in the amount
of $651,762.
PRINCIPAL PLACE OF BUSINESS
Lower Colorado River Authority
Austin, Texas
Agenda Information Sheet
May 6, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
The approval of this purchase will encumber funds estimated as costs for services through April
2009.
FISCAL INFORMATION
Funds to meet the regulatory fee obligation were budgeted in account 600400.6072. Requisition
86802 has been entered in the Purchasing software system.
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4016
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO LOWER COLORADO RIVER AUTHORITY (LCRA) FOR
PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 4016-2009 ELECTRICAL ENERGY
TRANSMISSION FEES-LOWER COLORADO RIVER AUTHORITY IN THE TOTAL
AMOUNT OF $651,762).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the listed utility set
forth in Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $651,762 to be paid to the Listed
Utility in the specified amount shown on Exhibit "A", which is attached hereto and made a part of
this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: 3-ORD-FILE 4016
EXHIBIT "A"
Lower Colorado River Authority $651,762
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Ut111t1eS
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 7) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
25 the expenditure of funds for payments by the City of Denton for electrical energy
26 transmission fees to Lower Colorado River Authority (LCRA) for providing energy
27 transmission services to the City of Denton; and providing an effective date (File 4016-2008
28 Lower Colorado River Authority (LCRA) in the total amount of $651,762).
29
30 Board Member Gallivan moved to approve Item 7 with a second from Board Member
31 Grubbs. The motion was approved by a 4-0 vote.
32
3 3 The meeting was adj ourned by consensus at 10:15 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Transportation Operations
A ACM: Howard Martin, 349-8232
SUBJECT
Consider the adoption of an ordinance of the City of Denton Texas, approving an inter-local
Agreement between the city of Denton and the Denton County Transportation Authority
(DCTA) for the Construction and Purchase of the Downtown Denton Transit Center, and
declaring an effective date. Mobility Committee recommends approval (2-0).
BACKGROUND
Staff briefed the Mobility Committee at the July 21, 2006 meeting the Federal Transit
Administration (FTA) indicated the Congressional funding earmark received in FY 2005 would
need to be programmed by September 2007. To facilitate program funding by the September
2007 due date, FTA staff recommended that a grant application be submitted no later than May
2007 to allow sufficient time for the application review process by both the Regional FTA office
in Fort Worth and the FTA office in Washington, DC. In December 2006, the City of Denton
and Denton County Transportation Authority (DCTA) agreed to a Memorandum of
Understanding (MOU) via Ordinance 2006-341 to memorialize known responsibilities of each
entity with respect to the planning process as well as outline the procedure for the eventual
transfer of the asset from the City of Denton to DCTA. This MOU indicated that DCTA would
agree to pay for the 20-percent local match to leverage the $3.109 million FTA grant.
In May 2007 the City of Denton completed a feasibility and environmental study recommending
the best location of the proposed Downtown Denton Transit Center would be at the southeast
intersection of Railroad Avenue and Hickory (604 East Hickory) the present location of the City
of Denton Facilities Management operation and auxiliary parking for City Hall East. DCTA
participated in the planning process and concurred with the site selection as the site can
accommodate rail passenger transfers from the proposed DCTA regional rail transit station in
Downtown Denton. With the completion of the Feasibility Study, the City of Denton applied for
the FTA "multi-modal" station grant and was awarded the grant in August 2007.
Prior to entering into a professional services contract with a design consultant, City of Denton
and DCTA staff are recommending the two parties enter into an inter-local agreement to better
define roles and responsibilities of each entity. The proposed inter-local agreement demonstrates
that DCTA will assist the City of Denton in the administration of the FTA 5309 grant including
quarterly update and reimbursement requests through FTA the grant administration system. The
proposed inter-local agreement outlines the DCTA's intent to purchase and the City of Denton's
desire to transfer ownership of the proposed facility upon completion of the project for an
amount of $777,423. The $777,423 is the required local match of 20-percent to fully leverage
the $3.109 million in federal funds (80-percent). Additional terms of the agreement allow for
DCTA to transfer 50-percent of the $777,423 local match or $388,712 within five days of
execution of the inter-local agreement as earnest money. The earnest money will be utilized to
AIS -Downtown Transit Center
May 6, 2008
Page 2 of 3
assist with the relocation of Facilities Management prior to the proposed June 2009 construction
phase. The agreement outlines a completion date of May 28, 2010 for the facility and a facility
transfer date of June 30, 2010. This aggressive timeline is desired by the DCTA in order for
DCTA operations staff to occupy the facility and initiate bus operations from the site
approximately six-months prior to the implementation of rail service to Downtown Denton.
OPTIONS
1. Approve the inter-local agreement as proposed.
2. Provide staff with additional direction on the proposed inter-local agreement.
3. Not seek reimbursement and/or planning assistance from DCTA on the proposed project.
ESTIMATED SCHEDULE OF PROJECT
• City of Denton staff advertised a request for proposals for a professional services agreement
(PSA) for design services for the proposed Downtown Transit Center on April 17, 2008.
• The proposed inter-local agreement will require that a PSA be entered into by June 17, 2008
resulting in a final design by April 30, 2009.
• The inter-local agreement will require that construction of the proposed transit station be
initiated by July 2009 and completed by May 28, 2010. Transfer of the asset from the City of
Denton to DCTA is to be facilitated by June 30, 2010.
• The construction timeline will require the City of Denton Facilities Management Department
to relocate to another facility by July 2009.
PRIOR ACTION/REVIEW
The Mobility Committee recommended approval of the proposed ILA 2-0 at the April 23, 2008
Mobility Committee Meeting. The DCTA Board approved the proposed ILA on April 24, 2008.
The City of Denton and the DCTA agreed to a Memorandum of Understanding on December 12,
2006.
FISCAL INFORMATION
$3.109 million is available to the City of Denton through an FTA grant. A local match in the
amount of $777,423 will be required to fully leverage the $3.109 million grant. Federal and
local share total $3,887,113. DCTA has agreed to fund the entire 20-percent local match
required to leverage the $3.109 million grant. DCTA has also agreed to provide up to 50-percent
of the local match ($388,712) up front as earnest money. The value of the identified property as
demonstrated in a March 25, 2008 appraisal by Integra is $750,000.
AIS -Downtown Denton Transit Center
May 6, 2008
Page 3 of 3
EXHIBITS:
1. Ordinance
2. Inter-Local Agreement
3. May 2007 Conceptual Plan
4. Ordinance 2006-341, December 2006 MOU
5. Draft Mobility Committee Minutes, April 23, 2008
Respectfully Submitted:
Mark Nelson, Transportation Director
s:laur d~c~rme~ts~ordinances~OS~dcta int~rlocal agreement downtown transit c~nter.d~c
EXHIBIT 1
~r~A~vC~ ~o,
AN ~lI~ANCE DF THIS, Cf TY DENTDN, TEXAS, APFRG~II~ AN fNTER~~AL
AGREEIVIENT I~ETwEE~ THE CITY DF DENTDN AND Tim DE~TDN C~~TY'
TR,ANPD~.TATI~~ AUT~ORIT~ {DCTA} FQR TAE CDNTRUCTIDN AND FUI~CHAE ~F
THE DDwNTD'I DENTDN TRAIT CENTER; AND DEC~AI~ING A~ EFF~CT~~E DATE.
wI~~EA, Denton was apporkioned federal transportation dollars ~ the amount of 3,109,G9~
pursuant to a 53i~9 Grant number TX-1~3-X293-~0 in X004 for the developrn,ent of a Downtown Denton
Transit Center; and
wI~REA; Denton owns the real property and impraven~ents located at X44 E. Hickory,
Denton, Teas 7~~0~ and being further described in E.ibit "A" {the "hand"~ on which Denton Intends to
construct the Do~vntewn Denton Transit Center thereinafter defined}; and
wI~EA,, the development of the Downtown Denton Transit Center will enhance the DCTA
public transit syster~a and provide a safe and secure place to make transit connections; and
~~EA, Denton desires to design and construct the Downtown Denton Transit Center fog the
benefit of the DCTA and Denton and to transfer ownership thereof upon Completion. of Construction
~here~inaf~er def tned~ thereof folia~ving the clasin~ of the federal 5 1~9 grant; and
WHEREAS, DCTA Intends to assist Denton with the management of the 5309 Cxrant submittal
including milestone updates and grant reimbursements through the TEAM and ECI~D systems; and
WHEREAS, DCTA desires to purchase the Downtown Denton Transit Center pursuant to the
terms ofthis Agreement; and
WHEREAS, the estimated cast of the design and construction of the Downtown Denton Transit
Center is 3,87,113 with 3,10~,~90 of such costs expected to be paid by the federal funding ~3~9 Grant
with Denton advancing its local share in the amount of $~7~,42; and
WHEREAS, DCTA intends as consideration far the transfer of the Downtown Denton Transit
Center to reimburse Denton up to X777,423 of its local share expenditures upon Completion of
Construction and closing ofthe 5349 Crrant as provided herein; and
wII~.EAS, DCTA has agreed that it shall within f eve {5}business days a.~er the Effective Date
deliver to Denton the sum of 3 SS,71 ~ {the "Earnest honey"}; and
wI~REAS, Denton is authorised by Section 3SO.Q~1 TES. f,~C. GO'A'T C~D~ to provide
economic development incentives to support the expansion of local business activity, employment, public
transportation and development; and
i
s;~~ur docu~~nts~ardirianc~s~~8~dc~a i~~erl~c~l agreement ~own~~wn tra~stt center,doc
'HEREA, public transp~rtatian is essential far tae attraction of new business to Denton and
will promote econatnic de~elapment, stimulate commercial actlv~ty, generate additional sales tax and will
enhance the tax base and economic vitality of Denton; and
w~IEREA.S, Denton has adapted programs far promoting economic deve~aprnent and the
econanaic development grant as set forth herein is gi~ren and provided by Denton pursuant to and in
accordance with thane programs; and
wHEIEAS, Denton is authorized by Article ~I, Section 5Z-a of the Texas Constitution and T~~,
~~C, C~~v'~' ~oD~ ~380.aa1 to pra~ide economic development grants to promote focal economic
de~elapment and to ~ti~nulate business and commercial activity in Denton; and
WHEREAS, the Act authorizes Denton and the DATA to enter into this Agreement for the
purpose of achieving the governmental functions provided for herein by this cal~ective, caaperati~e
undertaking;
THE C~[~NC~L ~F THE QTY ~F DE~T'DN DEREBY ORDAIN:
SECTI~ 1. The pity Council hereby approves an ~nterlocal oaperatia~n Agreement between
the pity of Denton and DATA far the construction and purchase of the Downtown Denton Transit Center, a copy of which is attached hereto and incorporated by reference herein.
r
SECTt~N 2: This Ordinance shall become effective immediately upon. its passage and approval.
PASSED A~[D APPRD~ED this the ~ day of , ~001~.
PERKY R. McNEILf,, MAYOR
ATTEST;
JENN~II~`ER WALTER, CITY ERETARY
BY:
APPROVED AS TO LECAI~ FORM:
EDWIN . S~YDER, CITY ATTORNEY
BY: r.
EXHIBIT 2
T~~~ v~ ~ §
§ Ev~r~~, v~~~T~oly ~~~~~vT
o~ ~~rrrorr ~
This ~nterlacal cooperation Agreement {the "Agreement"} 1s made and entered into by
and between the pity of Denton ~"Dentan"~ and the Dentan County Transportation Authority,
~`~DTA"}, each organised anal existing under the lames of the Mate of Texas, and sating by,
through and under the DATA and their respective governing bodies and officials in accordance
with the "lnterlacal aaperation Act", ha ter 7 1 of the TEXAS G~~ERNENT ODE the p ~
"Act"}; and
RECITALS
wH~REA, Denton was apportioned federal transportation dollars in the amount of
$3,19,90 pursuant to a 3D9 Grant number TX-O~-~~93~~0 in 2a~4 for the develapn~ent of a
downtown Denton transit center; and
wI~REA, Dentan awns the real property and impraven~ents located at ~0~ E.
~Iickor~r, Dentan, Texas 705 and being further described ~n exhibit "A" the ;`Land"~ Qn which
Denton Intends to construct the Downtown Denton Transit Center ~herernafter defined}; and
w1A, the development of the Downtown Dentan Transit tenter will enhance the
DATA public transit system and provide a safe and secure place to mare transit connections; and
HE~AS, Denton desires to design and construct the Downtown Denton Transit
tenter far the benefit of the DCTA and Dentan and to transfer ownership thereof upon
an~pletian of Construction ~hereinafler defined} thereof follawi~g the closing of the federal
a9 Grant; and
AREAS, DATA intends to assist Denton wrth the management of the 509 Grant
submittal including rrrilestone updates and grant reimbursements through the TEAM and ~~HG
systerr~s; and
wHE~A, DCTA desires to purchase the Downtown Dentan Transit tenter pursuant
to the terms afthis Agreement; and
WHEREAS, the estimated cost of the design and construction of the Downtown Dentan
Transit e.ter is $x,887, ~ 13 with $3,1 a9,~a of such costs expected to be paid by the federal
funding X09 Grant with De~.ton advancing its local share in the mount of ~7'~7,423; and
wHER~AS, DATA intends as consideration far the transfer of the Downtown Denton
Transit Center to reimburse Denton up to 777,~4~~ of its local share expenditures upon
completion of ortstruction and closing ofthe 509 xrant as provided herein; and
D~TAIDenton Asset Transfer Inter~ocat Cooperation Agreement gage t of 1 ~
X6814
WHEREAS, Denton is authorized by ectio~a Sa.Oa 1 T~. Loy. ~v' T oD~ to provide
economic development incentives to support the expansion of local business activity,
en~playment, public transportation and develapment~ and
AREAS, public transportation is essential far the attraction of new business to
Denton and wi11 prornate econami~ development, stimulate coix~mercial activity, generate
additional sales tax and will enhance the tax base anal economic vitality of Denton; and
E~tEA, Denton has adopted pragra~ns far promoting econarnic development and
the economic development grant as set Earth herein is given and prodded by Denton pursuant to
and in accordance with those programs; and
w1~,EA, Denton is authorized Article II, section 5~-a of the Texas constitution
and T~~. Loy, ov'T ODE ~3S~.aa1 to provide economic development grants to pran~ate local
economic development and to stimulate business and commercial activity in Denton; and
wHEItEA~, the Act authari~es Denton and the DATA to eater into this Agreement for
the purpose of achieving the governmental functions provided far herein by this collective,
cooperative undertal~ng; and
N0 THEREFORE, far and in consideration of the premises and the mutual covenants
set forth in this Agreement, and other valuable consideration the receipt and sufficiency of which
are hereby acknowledged ~e parties agree as follows i
Artiic~e I
Def~n~tio~s
For purposes of this Agreement, each of the following terms shall have the meaning set
forth herein unless the context clearly indicates otherwise.
"Approved Plans" mean the Plans as approved by the Parties,
"Assets" mean collectively the Land and the Downtown Denton Transit tenter
improvements
"dill of ale'7 means a bill of sale a farm reasonably acceptable to the DATA
for the transfer of Downtown Denton Transit tenter,
"commencement of onstructian" shall mean that ~i~ the Plans have been.
prepared and all approvals thereof required by applicable governmental authorities have
been obtained far construction of the Downtowh Denton Transit tenter; ~ii~ all necessary
permits for the construction of the Downtown Denton Transit tenter puxsu.ant to the
Approved Plans therefore having been issued by all applicable governmental authorities;
and ~iii~ demolition and grading of the land far the construction of the Downtown Der~tan
Transit tenter has commenced.
D~TAJDenton Asset Tr~n~fer Interloal Cooperation Agreement Page 2 of t 3 ~68I4
"completion of anstruction" shall mean {i~ the construction of the Downtown
Denton Transit tenter has been substantially corripleted; {ii} a certificate of substantial
carnpletian has been issued to the general contractor{} and engineer{s}larchitect{~ for
the Downtown Denton Transit tenter, and copy of such certificate has been delivered
to DATA; {iii} Denton has issued a f~nai inspection and certificate of occupancy far the
Downtown Denton Transit tenter, as the case nay be; and Div} DATA has accepted the
Downtown Denton Transit tenter.
"losing Date" means the later of: ~i} ~ornpletion of construction of the
Downtown Denton Transit tenter; and {ii} FTA approval of the transfer of the Assets, or
Dther date rr~utually agreed to by the partles.
"DATA" means the Denton bounty Transportation Authority acting by and
through its President
cc » Denton means the City of Denton, Texas acting by and through lts Ity
iVlanaer,
"Downtown Denton Transit tenter" rneans a multi modal transit center to be
constructed as further described in E~hlblt "B"
`{Effective Date" shall mean the last date of execution hereof.
`Event of Farce Mai eure" sha11 mean any contingency or cause beyond the
reasonable control of a party including, without limitation, acts of hod or the public enemy,
war, terrorist act, got, civil commotion, insurrection, goverment action or inacf.on {unless
caused by the intentionally wrongful acts or onussions of the park}, fires, eart~.qual~e}
tornado, hurricane, explosions, floods, strikes, slowdowns or work stoppages.
"Expiration Date" shall mean the date the parties have fully satisfied their
respective obligations herein.
"Final Budget" means the budget for the costs of design and construction of the
Downtown Denton Transit tenter approved by the parties
"FTA" means the Federal Transit Administration, ofthe United States Department
of Transportation.
"Grant" means an economic development grant in an amount equal to the
difference between the Appraisal and the Burn of the Purchase Price and the Additional
consideration, if any.
"hand"means the real property described in Exhibit "A".
"Permitted Exceptions" shall mean coning, the lien for current taxes, the
environmental condition and any easements or restrictions of record.
DCTAIDenton Asset Tra~fer Interloa~ ooperatian Agre~m~nt Pale 3 of ~3
26814
"Purchase Price' means the sum. of 7~7,4~~ to be paid by DATA to Denton at
dosing for the sale, transfer and conveyance of the Downtown. Denton Transit tenter as
set forth herein,
"Parties" means the DCTA and the pity of Denton, Teas acting by and through
their authorized representatives.
"Puns" collectively mean the design and construction plans, building elevations,
architectural, landscaping, exterior and interior lighting plans, and exterior construction
materials far the Downtown Denton Transit tenter to be approved by the parties as set
forth herein.
"Project" collectively means the Land, and the Downtown Denton Transit tenter,
fallowing construction thereof, together with parking and landscaping all a further
described in the subrriit#a1s filed with Denton order to obtain a building permit~s~ from
time to time.
"Title Company" means a title company located within Denton Jaunty mutually
selected by the parties for the Closing of the transfer of the Assets.
Art~~le II
Teem
The term of this Agreement shall begin on the Effective Date and continue until the
expiration Date Mess sooner terminated as provided herein,
Article III
Purpose
The purpose of this Agreement is to authorize Denton to design and construct the
Downtown Denton Transit tenter and to transfer the same to DCTA upon the rater af: ~i~
Completion of Construction thereof; and iii} ~'TA approval of the transfer of the Assets.
Article Iv
Pro j ect Design end oustructiou
4. ~ PII~s. Denton agrees to solicit proposals far the necessary architectural and
engineering services for the design and construction of the Downtown Denton Transit Center on
ar before April X008 and shall award contracts far such services to such firms as approved b~
the DATA on or before dune 17, Zoe, The solicitation far proposals for the architectural and
engineering services for the Downtown Denton Transit Center shall require the successful firms
to complete the respective design services on or before April 3 200. Denton agrees to cause
the necessary architectural anal engineering design plans for the Downtown Denton Transit
Center to be complete on ar before April 30, BOO.
D~TAIDento~ Asset Transfer ~iterloca~ Cooperation Agreement Page 4 of 13 26814
4.~ ~on~truction. Denton shall solicit competitive bids for the construction of the
Downtown Denton Transit tenter an or before May 2~0~ and award a contracts} to the
lowest responsible bidder far the construction of the Downtown Denton Transit tenter on ar
before June a, X009. The solicitation far proposals far the construction of the Downtown
Denton Transit tenter shall require the successful firrn~s} to complete construction thereof on or
before May 28, X010. Denton shall, subject to events of ~`orce Maj~ure, cause ~om~nencement of
construction of the Downtown Denton Transit tenter to occur on ar before .Tiny 31, X009, and
sub j eet to events of Force Niaj enure, cause ~on~pletian of or~structian thereof an ar before May
X410. Denton shall deliver the Downtown Denton Transit tenter to the DTA far
operational occupancy on or before June 0, 201
4,3 P~~n A~~~ro 1. Parties shall have the right to approve the Plans prior to the
award of any contracts far the design and construction of the Downtown Denton Transit tenter
the "Approved Plans"}.
4,4 P~o~ec~ ~~t~~ ~Jr~es otherv~ise agreed by the parties 1n writing any costs for
the Project in excess of X3,857,113 shall be the sole responsibility of Denton, it being the
intention that the sale financial commitment and responslblllty of DATA shall be the
rexn~bursernent of the local share of Denton not to exceed 777,43 which shall be the Purchase
Price for the transfer of Assets and any Additional ~ons~deration as defined herein.
4.~ ene,;~ epuiremen~ for D~~i~n nd,,,~n~cti~n,
~a~ The Downtown Denton Transit center shall be constructed in accordance with the
Approved Plans.
fib} Denton shall co.ply with all federal, local and state laws and regulations regarding
the design and construction of the Downtown Denton Transit tenter applicable to similar
facilities constructed by Denton, including but not limited to any applicable require.ent relating
to payment, performance and .aintenance bands. CJpon o.pletian of construction Denton
shall provide the DATA with a final cost summary of all costs associated with the design and
construction of the Downtown Denton Transit tenter, and provide proof that all an~aunts awing
to contractors, subcontractors and suppliers have been paid in full evidenced by the customary
affidavits executed by the Denton and~ar its contractors.
~c} Denton shall in connection with the construction of the Downtown Denton Transit
tenter cause its contractors to provide such performance bonds, and payment bonds in farms
reasonably satisfactory to Denton for the construction of the Project to ensure completion of
~onstructian of the Pra j ect.
~d~ The design. of the Downtown Denton Transit enter shalt utilize the proposed rail
alignment as the anchor element of the design
DTAIDenton Asset Transfer tnterlocal cooperation Agreement Page 5 of 13 25814
Ar~e~e
Earnest 1Vfone
5.1 Earnest Nf~n The DCTA, shall within five ~5} business days after the
Effective Date deliver to Dentan the sung of 8$,71 {the "Earnest 1Vloney"}.
Article VI
Project Transfer
~,1 Sale of Assets. far the consideration and upon and pub j ect to the terms,
provisions and cond~tlans hereinafter set forth hexeln, Denton agrees to sell and convey unto
DTA, and DCTA agrees to purchase from Denton the Downtown Denton Transit Center and
the plans, specifications and warranties related to the Downtown Dentan Transit Center.
. Title urv and Environmental Re art~~
{a} within at least (arty-five ~4}calendar days prior to the Closing, Denton, sha11
deliver to DCTA;
{i} a current con~n~it~nent far an Cwner's Policy of Title Insurance far the
Land, from the Title Can~pany setting forth the state of title to the Land together with any
easements or restrictions {existing or created pursuant hereto} benefiting the Land, together with
all e~eeptions ar conditions to such title;
{ii} legible copies of all documents referenced in the Title Com~nitn~er~t;
{iii} a current purvey certified to DCTA and Title Denton; and
Div} tax statements far current and prior years.
fib} DCTA shall, within twenty {~a} business days after DCTA's receipt of the last of
the purvey and Title Commitment, ratify Denton and Title Can~pany of any abj ections to the
purvey ar Title Can~nitment. if there are abj ections by DCTA, Denton shall in good faith
attempt to satisfy them prior to Closing, but Denton sha11 rat be required tarncur any cost to do
so, If Denton delivers written n.atice to DCTA within ten X10} business days after Denton's
receipt of DCTA's Qbjectians that Dentan is unable to satisfy such objections, the DCTA may
either waive such ab j ection r~.d accept title as Dentan is able to convey ar terminate this
.Agreement by written native to Dentan and the Title Com an . Zf DATA terminates this
p Y Agreement pursuant to this ectian neither the DCTA nor Dentan shall have any further rights or
obligations hereunder.
G.3 ~losin .
{a~ The closing of the sale afthe Assets shall occur between 9;aa a.m. and l:aa p,rr~.
on the Closing Date therefore at the Title Company.
DCTAIDenton Asset Transfer ~nter~ocal Cooperation Agreement Page ~ of t3 2b814
fib} At the Closing the Denton shall deliver to the Title Company; ~i~ Special
warranty Deed, in form and substance reasonably acceptable to Denton and DCTA, conveying
gaol and indefeasible title to the band free and clear of any and all encumbrances, except the
Permitted Exceptions; ~ii~ the Bill of dale conveying title to ail in~proven~ents and facilities
comprising the Downtown Denton Transit Center to DCTA; viii} a Texas owner's policy of true
insurance for equivalent}rn the amount of the fair marl~et value of the Downtown Denton Transit
Center, insuring such title to the DCTA; ~iv~ possession of the Pro~ec#, free of parties in,
possession, and ~iv~ an assignment to DCTA of ail warranties from the Demon's contractors,
subcontractors and suppliers providing labor andlor materials in connection with the design and
construction of the 1]owntown Denton Transit Center; such warranties shall: ~a~ be at least
standard industry warranties from generally recognized contractors, subcontractors and suppliers
with respect to the Aro~ect; and fib} obligate the Demon's contractors, subcontractors and
suppliers to repair all defects for a period of two years following Completion of Construction.
~c} At the Closing, the DCTA shall deliver to Denton through the Title Company: ~i~
the Purchase Price, less the Earnest 1Vloney and the Crrant cif any}, in cash or in~nediately
available funds.
G.4 T- Ad valorerr~ taxes, assessments, and any other charges against the Project
shall be prorated as of the Closing Date and became the responsibility of the DCTA as of the
Closing Date.
G~5 los~n~ o~t~.
~a} Denton hereby agrees to pay and be responsible for the fallowing closing cost:
~i~ the cast of all tax certificates relating to all taxes and other assessments
incurred or arising in relation to the Project;
iii} one-half of the Title Company's escrow fees;
~111~ all costs and expenses incurred by Or on behalf of Dentan, including
Demon's attorney's fees; and
~iv~ all fees for the Basic Owner's Title Palley; and
such other incidental casts and fees custom~~i1y paid by Sellers of real
property in Dentan County, Texas, far transactions of a similar nature to the transaction
contemplated herein.
fib} DCTA hereby agrees to pay and be responsible for the following closing costs;
~i} all fees and premiums for any endorsements to the Basic owner's Title
Policy;
~11~ all fees and premiums far the Survey;
DTA1~]en~on Asset Transfer ~terloal Co~pera~ion Agreement Pale 7 of 1 ~
~~s~a
viii} one-half ~~I~} of the Title ~apany's escrow fees;
~iv~ all costs and expenses incurred by ar an behalf of the DATA, including
DTA's attorneys' fees; and
such other incidental casts and fees customarily paid by Purchasers of real
property in Denton bounty, Texas, for transactions of a similar nature to
the transaction contemplated herein.
G.6 ~raject oYd A~ I~.
DATA represents that as of the closing Date that it.
~i} have fully inspected the Pra j ect; and
iii} will have made all investigations s it deems necessary or appropriate and
will be relying solely upon its inspection and investigation of the Project
for all purposes whatsoever, including, but not limited to, the
determination of the condition of the structures, irr~roven~ents, sails,
subsurface, drainage, surface and groundwater quality, and all other
physical characteristics; availabii~ty and adequacy of utilities; compliance
with governmental laws and regulations; access; encroachments; acreage
and other survey matters and the character and suitability of the Pro j ect~
~ DATA acknowledges and agrees that the Project is being purchased and will be
conveyed "A I" with all faults and defects, whether patentor latent, as of the closing Date
~c} There have been na representations, warranties} guarantees, statements ar
information, express or implied, pertaining to the Pia j ect, its condltlan, ar any other matters
whatsoever, made to ar furnished to DCTA by Denton or any en~playee ar agent of Denton,
except as specifically set forth in this Agreement,
~.7 l~emedie~. If DATA defaults, Denton may terminate this Agreement, in which
event Denton nay seek specific performance. If Denton defaults, the DATA nay terminate this
Agreement, in which event Denton shall return the Earnest 1Vloney to DATA ar DATA may seep
specific perfarn~ance.
6. S B~~k~rs. Denton and DATA each represent and warrant that fey have not
worked with any broker relative to this transaction and that no brokerage carnission is due and
payable upon the lasing, Each party shall, to the extent allowed bylaw, indemnify each other
train any claim for brokers' commissions relative to the sale of the Property and alleged to be
due because of an agreement of such party.
~.9 Conditions t~ ~lo~in~.
DTAf ~entor~ Asset Tsfer I~terlac~l ooperatian Agreement Page of 1 ~ a~sia
The obligation of the parties to close the purchase of the Praj ect shall be
conditioned upon satifac~on of the following conditions:
{i~ PTA approval of the transfer of the Assets,
{ii} completion of Construction of the Downtown Denton Transit tenter,
~.1 a ~~u . his of lass due to casualty shall be borne by Denton until closing at
such tirrie said risl~ of loss due to Casualty shall be borne by the DATA. Denton sha11 cony or
cause to be carried insurance in amounts sufficient to restore any of the Project darna~ed by
Casualty to substantially the same condition they were in immediately Prior to such Casualty,
.11 Additian~~ ~n~i~e~on. Dentan agrees to contract with an appraiser to
determine the fair rrrarl~et value of the Land and in~provenaents thereon {the "Appraisal"}, upon
receipt of the Appraisal, Denton shall furnish a copy of the Appraisal and all supporting
documents to the DATA for review. In the event the fair n~arl~et value of the land and
improverrrents thereon according to the Appraisal {the "Appraised Value"} exceeds the Purchase
Price, the DATA agrees to day to Denton a sunr equal to the lesser of; {i} fifty percent {~~°Io} of
the difference between the Appraised Value and the Purchase Price; or {ii} 150,~aa,aa, to be
paid at closing. Par illustration purposes only, assume the Appraisal is 90a,~~a, the Addltronal
consideration would be calculated a~s follows: ~a~I~ of $ 1~~,577 {$9a~,~a~ - $7~7,4~~~ not to
exceed 1 Sa,aaa, which results in Additional ~onsideratiQn of G 1,2SS.
Ar~~le'~II
Mi~ceI~aneau~
7.1 ~n~re A~r~e~ne~rt. This Agreerrrent constitutes the sole and only agreement
between the parties and supersedes any prior understandings written or oral agreements between
the parties with respect to this subj ect matter.
7.~ A~s~~nment~ This Agreement may not be assigned by either party without the
prior written consent of the other party.
7.3 ~~ce~sy end A~~~~~. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the parties to it and their respective
heirs, executors, admin~strators,leal representatives, successors and assigns.
7.4 v_ein~ L~~v. The laws of the State of Texas sha11 govern this Agreement;
and venue for any action concerning this Agreement sha11 exclusively be in the Mate District
aunt of Dentan bounty, Texas, The parties agree to subn~rt to the personal and subs ect matter
~ur~sdtctlon of said c4uTt,
7.5 Amendment. This Agreement nay be amended by the mutual written
agreerrrent of the parties.
7, ever~bili In the event any one or mare of the provisions contained in this
Agreement shall far airy reason be held to be invalid, illegal., or unenforceable in any respect,
such invalidity, illegality or unenfarceability sha11 not effect any other provisions, and the
DCTAfDentan Asset Transfer ~nter~o~a1 aaperatian Agr~ment Page 9 of 1 ~
2b814
Agreement shall be construed as ~f such lnvall, illegal, or unenforceable provision had never
been cantalned 1n It.
7.7 N~ once. Any native requirad ar permitted to ~e delivered hereunder may ~e apt
by first class mail, overnight caurier ar by confirmed telefax or facsir~iie to the address specified
below, ar to such other party or address as either party may designate 1n Writing, and shall be
deemed received three ~3 }days after delivery set forth herein,
if intended for DATA: With copy to:
Aentian: John Hedricl~ peter C~. Smith
Denton bounty Transportatian Authority Nichols, Jac~san, Dir~ard,
1 ~6~ auth Lemons, quite 25~ Hager Smith, L.~,P~
f,eWisville, Texas 75~~7 1 S0~ Lincaln Plaza
972-221-4~~~ Telephone 50~ North Akard
972-221-401 Facsimile Dallas, Texas 75201
If intended far Denton: With copy ta:
care . Campbell, pity ll~anager pity Attorney
~ ~ 5 E.1VIcKinney pity of Dentan
Dentan, T 7~2~ 1 215 E. c~inney
944349-307 Telephone Denton, Texas 72D1
944349-859G Facsimile
7. S ountc ~rts* This Agreement nay be executed by the parties hereto in separate
counterparts, each of Which When so executed and delivered shall be an original, but ail such
counterparts shall together constitute one and the same instrument. Each counterpart nay consist
of any number of copies hereof each signed by less than all, bit together signed by all of the
parties hereto.
7.9 E~hibit~. The Exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
7.10 Recital. The rectal to this Agreement are incorporated herein and made a part
hereof for all purposes
7, f 1 Autho~tion, Each party represents that it has full capacity and authority to
gra~.t all rights and assume all obligations that axe granted and ssurned under this Agreement.
7. ~ ~ urv~vai of ovenant~. Any of the representations, v~arranties, covenants, and
obligations of the parties, as Weld as any rights and benefits of the parties, pertaining to a period
of time following the terrninatian of this Agreement shah survive terrninat~on hereof.
D~TAfDenton Asset Transfer Interlocal ooperat~on Agreement Page 10 of 1 ~ 2814
~.1 A~~rov of P~rti. whenever this Agreement requjres ox permits the approval or
consent to be given , party, the parties agree that such approval or consent shall not be
unreasonably withheld, condioned or delayed.
7.14 F~rtber A~~uran Each party hereby agrees that it will tale ail actions and
execute all documents necessary to fuiiy carry out the purposes and intent of this Agreement.
7.1 Time for ~~rformance. Tine is of the esenee the performance of each
party's obligations hereunder.
ECIJTED this day of - , ~a~$~
CITY DF DENTN
eare Campbell, City Manager
ATTEST`:
JENNIFER wALTERS, CITY SECI~ETA~Y
BY:
Approved as tv Legal Form:
~~~'Jy7 ={/T r J1 7 . S c
win 11~I. Sny r, City Att rney
ECUTED this day of ~ , 2~~8•
DENTIN CI~UNTY TRANP~RTATI~N
John Hedricl~, President
Approved as to Form:
By:
Peter Smith, general Counsel
DTAl~enton Asset Transfer Intrloca~ Ca~peratien Agreement Page 11 of 1 ~ 2bSI4
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DT.AID~n~on Asx Transfer Interla~al ~oo~era~ion A~reemen~ Page of 13 a~s~~
~Il~lt
~es~ri~ti~n of the I~~~vntown Benton Transit ea~te~r ~mpravement~
I~awntown Denton T~anpar~tion ~'acilit~ will consist of appraxin~ately S,$~ ~q. ft~ ~acilit~
constcfied to ~ro~ie ~~TA "Kips and Ride" bus scr~ices, The facility will include indoor
passer~er waiting area, pubiic restroorris, bus platform, passenger shelter and windbreakers, I~
addltlDn, the facility v~ill also ha~se the IOTA ~pexatian offices and pra~ide approximately 4~
pax ng spaces,
DTAIDento~ Asst T~ans~er Inter~aca~ aop~rat~an Ar~~ment Pie 13 of l~ ~
2G814 i
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EXHIBIT 4
a>~~IN~N~~ N~. ~ 1
AN ~RDINANE APPR~VINC A MEMORANDUM ~F UNDERTANDIN~ BETV~EEN
THE CITY ~F DENTIN AND THE DENTDN AUNTY TRANPORTATI~N
AUTHORITY REARD~N THE DE~EL~PNIENT ~F A D~NT~N DENTIN
TRANSIT CENTER FAR THE PURPLE ~F ENHANIN~ THE PUBLIC TRANSIT
YTEIVI AND PR~VIDINC A SAFE AND E~~JRE PLAF~ TO MAKE TRANSIT
~NNEETI~N, AND PR~~IDIN AN EFFECTIVE DATE.
'WHEREAS, the pity council finds that the Merrrarandum of Understanding betv~een the
pity of Denton and the Denton bounty Transportation Authority ~"DATA"}, attached hereto ar~d
make ~ part hereof as Exhibit A the "M~U~ 1 ~ in the p~bl ~ c 1 nterest; NQV~, THEREFORE,
THE CITY ~UNCIL T~ E CITY ~F DENTON HEREBY DRDATN :
ETI~N 1 ~ The find~r~s and recltt~ons canta~ned In the preamble of this ordinance
are incorporated herein by reference.
ETI~N 2. The pity council hereby approves the MOU and authorized the pity
Manager, ar his designee to executive the M~U an behalf ofthe pity.
E~TI~N 3. This ard~nance shall become effective in~ediately upon its passage and
approval
Y
PASSED AND APPROVED this the day of , X046.
4
P ~RRY cNEILL,1ViAY~R
ATTEST: JENNIFER V~ALTER CITY ERETARY
BY: .
APPR ED A~ LE C A L F RM
EDWIN M. ~NYDER, CITY ATTORNEY
BY;
x
EXHIBIT 5
x t
~:IDur Documeri#slContractsl~blultirnadal M0~ DCTA.d~c
STATE ~F TEAS
~ ~Ie~noraadum of Under~taadiag
BOUNTY OF ~]ENT~~1
ThYS rnernorandu~n of understanding the "Ni~IJ"} is made by and between dne City of
Denton the "City"} and the Denton County Transportation Authority the "DCTA"} acting by
and thxough their authorised representatives.
w~i~~EA►S, the City was apportioned federal transportation doflars it 2~~4 far the
development of a downtown Denton Transit Center; and
wHER~A, the amount of the federal apportionment is 3,109,G9~; and
~V~~REA, the DCTA and the City have previously agreed to transfer available assets
of the transit systerr~ to DCTA for ownership and operation ofthe public transit systenn; and
wH~R~A, a development of a downtown Denton Transit Center gill enhance the
public transit systenn and provide a safe and secure place to made transit connections; and
~~w, TH~R~~`0, the parties agree as follows.
1, Denton and DCTA intend to agree upon facility ownership terms prior to the
initiation of land ac~uisi#ivn or construction.
The DCTA intends to assist the City with all preparation, application, and
management of the ~3~ grant ubnnittal including quarterly milestone updates and grant
reimbursements far eligible project expenses through the TEAM and ECHO systems
respectnvely.
The City intends to work cooperatively with DCT and other stalreholder in the
development of a suitable location, environmental review, design, and construction of the
fao~llty. .
4. Currently the estimated total project cost is ~3,731,~~5 with 3,109,~9~ expected
to come from federal funding and ~21,9~~ r advanced by Denton as its local share. DCTA
intends to reimburse the pity ~~Y,93S of its local share expenditures upon completion of the
work and acceptance of the work b}r ~utharity;
5. This SOU is expressly conditioned upon and subject to the parties entering into
mutually satisfactory definitive written agreements as to all aspects of the transaction and is not
binding upon the parties 1n any way, except to the extent that It reflects the goad faith intent to
proceed to nego#iate def initirre written agreements with respect to the general terms and
conditions herein can#ained. Unless and until ~ such written agreements are entered into, none of the parties shall be under any obligation to any other party, regardless ofthi
letter and regardless
of any neatiativns, agreements or undexstandings heretofore or hereinaer existing between the
parties, it being understood that no contractual relationship shall exist between the parties unless
and until the definitive agreements shall have been executed in writing.
~ HIBrT
r
■ - ~
~lgnature page tQ fn11o}
Executed this day of + ~ ~0~~.
ify Qf Denton
B : y
eere ampbe~i, pity Manager
Approved as to Form:
dwin,ll~. nyder, Attu
Executed s ~ da of - X006. Y ~
Depto u ~'r~nsport i n authority
o~ri Hedriok, President
Approved as to forrn~
Peter G. smith, er~eral counsel
I
EXHIBIT 5
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Wednesday April 23, 2008
4
5
6 After determining that a quorum of the Mobility Committee of the Denton City Council was
7 present, the Chair of the Committee on the Mobility convened into a meeting on Wednesday,
8 April 23, 2008 at 1:02 p.m. in the City Council work session room, 215 E. McKinney Street,
9 Denton, Texas.
to
11 Present: Chair Pete Kamp, Council Member Bob Montgomery and Mayor Perry McNeill
12 (arrived at 1:40 p.m.)
13
14 Absent: George Campbell, City Manager, excused
15 Howard Martin, ACM, excused
16
17 Also Present: Mark Nelson, Transportation Director
18 Emerson Vorel, Director Parks and Recreation
19 Linda Ratliff, Director Economic Development
20 Ann Forsythe, Coordinator Boards and Commissions
21 John Polster, Consultant ITS
22 Carl Weckermann, DCTA
23
24 OPEN MEETING
25
26 3) Receive a report, hold a discussion and make a recommendation on an Inter-Local
27 Agreement with Denton County Transportation Authority on the Downtown Denton Transit
28 Center.
29
30 Mark Nelson, Director of Transportation, presented stating this was brought to the
31 Committee last month where concern was expressed by staff related to obligations associated
32 with the actual cost of the real estate on the ground. As stated in the backup material, the
33 location is 604 E. Hickory which currently houses the City of Denton Facilities Management
34 Department. It is about a 9,000 square foot facility plus a parking lot that augments City
35 Hall East. There is another component of that area that is used for the trail head for the Parks
36 Department's Hike and Bike Trail that goes down the Katy line.
37
38 This agreement moralizes and would codify the transfer of that asset from the City of Denton
39 to DCTA at the completion of the project. Again, the City of Denton holds and/or owns the
4o grant agreement with the Federal Transit Administration in the amount of about $3.1 million.
41 To maximize, or leverage that $3.1 million, there is a requirement of $777,000 in local funds
42 needed. The appraisal on the property, dated March 25, 2008, indicated the property value at
43 $750,000 and staff anticipates that will be used as an in kind contribution to leverage most of
44 the grant. That will allow for approximately $27,000 for other overages.
45
46 Staff expects the project to come in under $3.9 million. Staff has received five proposals for
47 the planning and design services as required by the contract and expects that by June 17,
48 2008 there will be a contract with a firm for planning and design services. The selection
49 committee consists of five members, three from the City of Denton, Mark Nelson, Linda
5o Ratliff, and Brian Lockley, and two from DCTA.
1
2 Draft Minutes of the City Council Mobility Committee meeting
3 April 23, 2008
4 Page 2 of 2
5
6
7 Nelson stated that performance measures in the contract agreement require that plans be
8 completed by the end of April 2009 and construction would start by July 31, 2009. Nelson
9 stated that in the backup material he had stated erroneously that the Facilities Management
to staff would have to be moved out by May. In actuality with the City vacating on July 30th
11 construction could begin on the 31St. DCTA has indicated its agreement with the July 30th
12 date.
13
14 Nelson stated that the end goal is to have the project completed by June 2010. DCTA would
15 like to occupy the facility and initiate bus operations from the site approximately six-months
16 prior to the implementation of rail service to Downtown Denton so that there would be no
17 bias relating to the rail activity. This grant is specific to bus operations and this would also
18 give DCTA time to work out kinks, if any, related to the operation of the new facility.
19
20 Nelson stated that DCTA is taking this agreement to its policy board tomorrow for action and
21 it is scheduled for Council consideration on May 6, 2008.
22
23 Chair Kamp asked if everyone was comfortable with the proposal. Nelson replied they were.
24
25 Chair Kamp stated that this is not an enormous footprint by any means, but she would like to
26 see what components of the building could be environmentally green built. Nelson replied it
27 would be a remodel and that staff is trying to make it architecturally warm. Chair Kamp
28 stated she wanted to emphasize that the City does want to make a civic statement and that,
29 where possible, green should be worked into the project.
30
31 Ms. Kamp asked who would be representing DCTA on the selection committee. Nelson
32 responded that Carl weckenmann and either Scott Neeley or Patrick Diviney.
33
34 Council Member Montgomery moved to approve with a second from Chair Kamp. The
35 motion was approved by a 2-0 vote.
36
37 The meeting was adjourned by consensus at 1:59 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
the 2nd Annual Summer Showdown, sponsored by the North Texas State Fair Association
located at 2217 N. Carroll Blvd. The event is to be held on Saturday, June 14, 2008, beginning
at 9:00 a.m. and concluding at 1:00 a.m. The exception is specifically requested for extension of
the hours of operation for amplified sound.
BACKGROUND
Glenn Carlton, Executive Director of the North Texas State Fair Association, has submitted a
request for an extension in the hours of operation for amplified sound. This event will include
live amplified music, a bull riding contest, and a sanctioned chili cook-off. The event will be
held as a fundraiser for the Association's various youth programs and scholarships, and facility
improvements.
The event organizers plan to concluded the concerts at 12:00 a.m. but the organizers are
requesting the extension of hours until 1:00 a.m. in case of a delay in the performances due to
bad weather.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
Respectfully submitted by:
Emerson Vorel, Director
Parks and Recreation
Prepared By:
Janie McLeod, Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of playing music and
operating a public address system during the Juneteenth Celebration. The celebration is
sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on
Friday, June 20, 2008, beginning at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday,
June 21, 2008, beginning at 11:00 a.m. and concluding at midnight. In addition, this year the
event will also include live music concerts in the park on Saturday, June 14th and June 28th from
6:00 p.m. until 11:00 p.m. This request is for an exception to the hours of operation and for an
increase in sound decibels to 75 decibels for each evening concert.
BACKGROUND
The Juneteenth Celebration committee has submitted a request to allow the use of amplified
sound for live musical performances after 10:00 p.m. and for an increase in decibels from 70
decibels to 75 decibels. This event commemorates the day, June 19,1865, when General Gordon
Granger informed the slaves of Texas that the Emancipation Proclamation had been signed to make all slaves free. The event will feature live bands, choirs and
entertainment, abar-b-que
cook-off, and additional concerts on the Saturday before and after the official celebration.
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Community Events Coordinator
EXECUTIVE COMMITTEE
Willie Hudspeth
Chairperson 1300 Wilson Street, Denton, Texas 76205 (940) 349-8575
Trey Logan
Vice-Chairperson
Terese M. Thomas
Secretary April 23, 2008
Kelva D. Clay Treasurer
Nikole Chew-Jones Janie McLeod, Community Events Coordinator
Asst. Treasurer City of Denton
Parks & Recreation Department Harry D. Bell .
Parliamentarian 601 E. Hickory, Sulte B
Denton, Texas 76205 Cirilo Pedroza
City of Denton Liaison
Dear Mrs. McLeod:
The Denton Juneteenth Celebration Committee is requesting an exception to the
SUB-COMMITTEES noise ordinance. The exception to the ordinance is for 75 decibels for the following
events an times. Children's Games
Robbie Garrett
Entertainment Juneteenth Music in the Park Juneteenth Annual Celebration
Nikole Chew-Jones Saturday, June 14, 2008 Saturday, June 21, 2008
6:00 p.m. -11:00 p.m. 11:00 a.m. -12 Midnight
Gospel
Juneteenth Gospel Extravaganza Juneteenth Music in the Park PageantlFund Raising Friday, June 20, 2008 Saturday, June 28, 2008
Yolanda Glover 6:00 p.m. -11:00 p.m. 6:00 p.m. -11:00 p.m.
Parade Perternia Washington
We thank you for your support.
Publicity
Tonga Demerson Sincerely,
Softball
Bobby Givens ,
i' t~ ;
Nikole Chew-Jones Denton Juneteenth Celebration Committee
"MORE THAN AN EVENT - IT' S AN EXPERIENCE"
'''""'`1°"'~''~°"' www.dentonjuneteenth.org ~due~~
TdDc
CITY OF DENTON CITY COUNCIL MINUTES
April 1, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, April 1, 2008 at 4:30 p.m. in the Council Work Session
Room at City Hall.
PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins,
Montgomery, Thomson, and Watts.
ABSENT: Mayor Pro Tem Kamp
1. Staff responded to requests for clarification of agenda items listed on the agenda for April
1, 2008.
Deputy Mayor Pro Tem Mulroy stated that he would be requesting Item C on the Consent
Agenda be pulled for separate consideration. He would also be abstaining on Item 4B.
Council Member Watts questioned the costs for the construction of the scale house which was
Consent Agenda Item 3F. Vance Kemler, Director of Solid Waste, reviewed the details of the
project.
Council Member Watts asked about the drainage problems associated with a neighboring
development to the item on 4B. He asked if a detailed drainage plan would be submitted at the
time of platting.
Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest.
Mark Cunningham, Director of Planning and Development, replied yes, that the developer would
submit a detailed drainage plan which would be completed by his engineer and reviewed by the
City Engineer.
Deputy Mayor Pro Tem Mulroy returned to the meeting.
Mayor McNeill noted that Work Session Item 3 had been pulled from consideration as well as
Consent Agenda Item I and Individual Consideration Item 5A.
2. The Council received a briefing, held a discussion, and gave staff direction regarding
relief from the Tree Preservation/Mitigation requirements per Subchapter 35.13.7.A.4.h on a
17.89 acre property located on the southeast corner of Teasley Lane and the future alignment of
Hickory Creek Road. The subject property was located within a Neighborhood Residential
Mixed Use (NRMU) zoning district.
Mark Cunningham, Director of Planning and Development, provided Council with an update on
the site. The site had been clear cut but nine trees should have been preserved. Four of those
nine probably would have been cut anyway due to right-of way issues. The developer had been
cited and had deposited $20,500 to the tree mitigation fund.
Council discussed the citation process for cutting trees without a permit and the legal process
involved with the issuance of a citation. They also discussed procedures for removal, when and
for what was a clearing and grading permit issued. It was felt that there should be a large enough
penalty to make developers aware of the need to follow the city's regulations.
City of Denton City Council Minutes
April 1, 2008
Page 2
3. The Council received a briefing, held a discussion and gave staff direction regarding an
application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h.
and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property was
located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and was
part of a larger 16.422 acre commercial development. The property was within a Neighborhood
Residential Mixed Use (NRMU) zoning district, and a pharmacy was proposed on the subject
Slte.
This item was not considered.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:07 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Discussed legal issues relating to city oil and gas leases, including
discussion of legal remedies, and including matters in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter.
2. Received, considered and held a discussion related to a briefing from
City's Attorneys, relating to claims, potential claims, and settlement
thereof for matters pertaining to JNC Partners Denton, LLC v. City of
Denton, including legal advice related to future annexation, zoning,
subdivision controls, plat applications, annexation plans, development
agreements, annexation agreements, service plans, utility service, water
rights, permitting and other legal issues related to the future development
of land, as proposed by JNC Partners Denton, LLC.
3. Considered and discussed litigation styled Tower v. City of Denton, Civil
Action No. 4:05cv302, currently pending in the U.S. District Court,
Eastern District, Sherman Division.
4. Consulted with the City's attorneys regarding attorneylclient privilege
related to prior legal opinions concerning interpretation of council term
limits charter provisions.
B. Deliberations regarding Real Property -Under Texas Government Code Section
551.072 and; Consultation with the City's Attorneys -Under Texas Government
Code Section 551.071.
1. Discussed, deliberated, considered, received information from Staff, and
provided Staff with direction pertaining to the possible terms of purchase
of and valuation issues respecting the possible acquisition of an
City of Denton City Council Minutes
April 1, 2008
Page 3
approximate 2.834 acre tract of real property for street right-of way and
the possible acquisition of an approximate 0.393 temporary construction,
grading and access easement, all for public purpose; which real property
lies within the Mary Austin Survey, Abstract No. 4, City of Denton,
Denton County, Texas, and is located north of intersection of Brinker
Road and Spencer Road, and receipt of legal advice for legal issues related
thereto.
C. Deliberations regarding consultation with the City Attorney -Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Discussed or deliberated regarding commercial or financial information
that the City Council has received from business prospects that the City
Council seeks to have locate, stay or expand in or near the territory of the
City of Denton and with which the City Council is conducting economic
development negotiations relating to a conference center.
The Council came out of Closed Session at 6:40 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, April 1, 2008 at 6:40 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented proclamations for Child Abuse Prevention Month and Financial
Literacy Month.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Deputy Mayor Pro Tem Mulroy asked that Item C be pulled for separate consideration.
Mulroy motioned, Watts seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item C.
Bob Clifton spoke on Items 3E, G, and J.
Robert Donnelly spoke on Item 3F.
City of Denton City Council Minutes
April 1, 2008
Page 4
John Crew spoke on 3 K.
On roll vote to approve the Consent Agenda with the exception of Item C which was to be
considered separately and Item I which had previously been pulled from consideration,
Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
Item C was considered.
Jon Fortune, Assistant City Manager, reviewed how staff would handle the item. The current
funding for the project was $500,000 with $700,000 needed for the project. $200,000 would be
used from other projects which were done under budget. This item formalized the budget for the
project and the reporting mechanism for regular reports to council on the status of the project.
Fortune also reviewed the capital proj ect process.
Mulroy motioned, Heggins seconded to approve Item C. On roll vote, Montgomery "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
A. 2008-067 - An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager or his designee to execute aone-year extension to
the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommended approval (5-0).
B. 2008-068 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to submit an application under the National School Lunch Act to obtain
funding for the 2008 Summer Food Service Program; if such funding is granted,
the City Manager is authorized to execute the Summer Food Service Program
agreement with the Texas Department of Human Services and execute a contract
with the Denton Independent School District and all additional documents and
agreements, as required; authorizing the expenditure of funds to administer the
program; and providing an effective date.
C. R2008-013 - A resolution of the City Council of the City of Denton, Texas,
setting a maximum expenditure limit of $720,814 for the Police City Hall East
Expansion Project; requiring monthly reporting to the City Council of those
funds; and providing an effective date.
D. 2008-069 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of overhead primary and secondary electric distribution
conductors for Denton Municipal Electric; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3958-Annual Contract for the
Purchase of Electric Distribution Conductors awarded to the lowest responsible
bidder meeting specification for each item in the annual estimated amount of
$705,000). The Public Utilities Board recommended approval (5-0).
E. 2008-070 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a third amendment to professional and personal services
City of Denton City Council Minutes
April 1, 2008
Page 5
agreement relating to engineering services performed by Intera, Inc. for the City
of Denton, Texas (in the additional amount of $40,682.40, for a grand total of
$13 8,524.40 for the original, first and second addendums thereto); authorizing the
expenditure of funds therefor; and providing an effective date. (File 3736-
awarded to Intera in an amount not to exceed $138,524.40). The Public Utilities
Board recommended approval (7-0).
F. 2008-071 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a scale house at the City of Denton Landfill;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 3948-Landfill Scale House Construction awarded to the lowest responsive
bidder meeting specification Caliber Construction, Inc. in the amount of
$349,570). The Public Utilities Board recommended approval (7-0).
G. 2008-072 - An ordinance accepting sealed proposals and awarding a contract for
the services of a management consultant for Denton Municipal Electric; providing
for the expenditure of funds therefor and providing an effective date (RF SP 3 93 0-
Management Study of Electric Utility and Support Services awarded to Navigant
Consulting, Inc. in the amount of $259,750). The Public Utilities Board
recommended approval (6-0).
H. 2008-073 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of Cem-Lime from TXI,
which is available from only one source in accordance with the pertinent
provisions of Chapter 252 of the Texas Local Government Code exempting such
purchases from the requirements of competitive bidding; and providing an
effective date (File 3991-Purchase of Cem-Lime for Street Department in the unit
price amount of $140/dry ton for an annual estimated amount of $150,000).
I. This item was not considered.
J. 2008-074 - An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute a third amendment to an agreement with
Terry D. Morgan & Associates, P.C. for professional legal services relating to
claims, potential claims, and settlement thereof for matters pertaining to JNC
Partners Denton, LLC v. City of Denton; authorizing the increase in expenditure
to an amount not to exceed $200,000; and providing an effective date.
K. 2008-075 - An ordinance of the City of Denton, Texas authorizing the City Manager
to execute on behalf of the City of Denton an Airport Project Participation
Agreement with the Texas Department of Transportation relating to certain
improvements at the Denton Municipal Airport; authorizing and directing the City
Manager or his designee to expend funds as provided for in said agreement and to
execute documents on behalf of the City of Denton in order to implement the
project; and providing an effective date. The Mobility Committee recommended
approval (3-0).
City of Denton City Council Minutes
April 1, 2008
Page 6
L. 2008-076 - An ordinance of the City Council of the City of Denton, Texas,
pertaining to the City's approval of development plan line assistance for the
extension of sewer lines for the construction of a new divisional office and
distribution center as requested by Aldi, Inc. in the amount of $80,000,
representing the cost of the planning level construction cost of the proposed
grinder pump sewer system; authorizing the City Manager to expend funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval (4-0).
M. 2008-077 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to the Dark Fiber Lease Agreement by and
between the City of Denton, Texas and the University of North Texas; authorizing
the expenditure of funds therefor; providing for retroactive approval of the
agreement, and providing an effective date. The Public Utilities Board
recommended approval (5-0).
4. PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider, under the
annexation procedures for areas exempted from the municipal annexation plan, the voluntary
annexation and service plan for approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road, see Exhibit 1. (A07-0006, Hills
of Denton North
Annexation) The Planning and Zoning Commission recommended approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that this was a request for
voluntary annexation of 484 acres of land. The property location was west of Locust Street and
south of Milam Road. Future land use was expected to be rural areas and a neighborhood center.
The current use contained 26 parcels used for agricultural and rural residential with a proposed
use for a master planned community. One response was received from the 26 mailers sent to
surrounding property owners which was neutral in regards to the proposal. Staff found the
proposal to be consistent with the annexation policy and recommended approval. The Planning
and Zoning Commission had reviewed the annexation proposal and recommended approval to
the Council.
The Mayor opened the public hearing.
Larry Reichhart, representing the property owner, stated that the intent of the annexation was to
incorporate it with the Hills of Denton. This would be a single family unit project with no multi-
family units included.
The Mayor closed the public hearing.
No action was required on this item at this time.
B. The Council held a public hearing and considered adoption of an ordinance of the
city of Denton, Texas, providing for a zoning change on two tracts of land comprising
approximately 6.813 acres of land, from Neighborhood Residential 6 (NR-6) and Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district classifications and use designations to a
City of Denton City Council Minutes
April 1, 2008
Page 7
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use
designation, with an overlay district, both tracts of land being located along the east side of 1-35
and south of Windsor Drive; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (Z07-0027, Windsor Farms Partners LP).
The Planning and Zoning Commission recommended approval (6-0).
Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest.
Mark Cunningham, Director of Planning and Development, stated that this request was to rezone
two parcels of land from NR-6 and NRMU-12 to NRMU with an overlay district. The property
was currently undeveloped with proposed commercial uses. The overlay district would exclude
multi-family dwellings, hotels and drive-through facilities. The proposed minimum landscape
for the development would be 30% of the site which was 10% over the requirements. Drainage
would be addressed when the development plan was submitted. Staff recommended approval of
the proposal as it was consistent with the Development Code and the Comprehensive Plan. The
Planning and Zoning Commission also recommended approval.
The Mayor opened the public hearing.
John Brown, applicant, stated that they had spoken with staff regarding the drainage and they
were working on any potential problems.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-078
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE ON TWO TRACTS OF LAND COMPRISING
APPROXIMATELY 6.813 ACRES OF LAND, FROM NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12
(NRMU-12) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS
TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT,
BOTH TRACTS OF LAND BEING LOCATED ALONG THE EAST SIDE OF 1-35
AND SOUTH OF WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0027)
Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Montgomery
"aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
Deputy Mayor Pro Tem Mulroy returned to the meeting.
C. The Council held a public hearing and considered adoption of an
ordinance of the City of Denton, Texas, providing for a zoning change from an Employment
Center Industrial (EC-I) zoning district classification and use designation to an Employment
City of Denton City Council Minutes
April 1, 2008
Page 8
Center Commercial (EC-C) zoning district classification and use designation comprising 23.551
acres of land located at the southeast corner of Morse Street and Loop 288, and legally described
as Lot 1, Phase 1, and Lots 2 and 3, Block 2, Phase 5 of the Golden Triangle Industrial Park, in
the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z08-0003, County
Administrative Complex A) The Planning and Zoning Commission recommended approval (6-
0).
Mark Cunningham, Director of Planning and Development, stated that he would be presenting
information for both Items C and D. This proposal consisted of two lots separated by a common
right-of way. The request was to rezone the two parcels from Employment Center Industrial to
Employment Center Commercial. The property was located on the southwest corner of Morse
Street and Loop 288 and was currently undeveloped at this time. The proposed use was for a
central location for the County Health Department, Child Protective Services, County Treasurer,
the Civil District Attorney and other county support activities. Staff found the proposal
consistent with the Development Code and the Comprehensive Plan and recommended approval
as did the Planning and Zoning Commission.
The Mayor opened the public hearing for both Items C and D.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AN EMPLOYMENT CENTER INDUSTRIAL (EC-I)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN
EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION COMPRISING 23.551 ACRES OF
LAND LOCATED AT THE SOUTHEAST CORNER OF MORSE STREET AND
LOOP 288, AND LEGALLY DESCRIBED AS LOT 1, PHASE 1, AND LOTS 2 AND
3, BLOCK 2, PHASE 5 OF THE GOLDEN TRIANGLE INDUSTRIAL PARK, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0003)
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Montgomery
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
D. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a zoning change from an Employment Center Industrial
(EC-I) zoning district classification and use designation to an Employment Center Commercial
(EC-C) zoning district classification and use designation comprising 18.113 acres of land located
City of Denton City Council Minutes
April 1, 2008
Page 9
at the northeast corner of Karina Street and Kimberley Street, and legally described as Lots 2, 3,
and 4, Phase 5 of the Golden Triangle Industrial Park, in the city of Denton, Denton County,
Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. (Z08-0004, County Administrative Complex B) The Planning
and Zoning Commission recommended approval (6-0).
The public hearing for this item was held with Item C.
The following ordinance was considered:
N0.2008-080
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AN EMPLOYMENT CENTER INDUSTRIAL (EC-I)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN
EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION COMPRISING 18.113 ACRES OF
LAND LOCATED AT THE NORTHEAST CORNER OF KARINA STREET AND
KIMBERLEY STREET, AND LEGALLY DESCRIBED AS LOTS 2, 3, AND 4,
PHASE 5 OF THE GOLDEN TRIANGLE INDUSTRIAL PARK, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0004)
Watts motioned, Thomson seconded to adopt the ordinance. On roll vote, Montgomery "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council was to consider an application for relief from tree
preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton
Development Code. The approximately 1.862 acre property was located at the southwest corner
of Hickory Creek Road and Teasley Lane (F.M. 2181), and was part of a larger 16.422 acre
commercial development. The property was within a Neighborhood Residential Mixed Use
(NRMU) zoning district, and a pharmacy was proposed on the subject site.
This item was removed by staff and was not considered.
B. The Council considered nominations/appointments to the City's Boards and
Commissions.
There were no nominations made at this meeting.
C. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
City of Denton City Council Minutes
April 1, 2008
Page 10
2. Council received citizen reports from the following:
A. Bob Clifton regarding more legal matters.
Mr. Clifton spoke regarding electric rates, legal fees, and time sheets for legal fees. He
questioned why so many outside attorneys were used. He indicated that he had filed a lawsuit
today for an expedited hearing to remove three candidates from the upcoming May ballot.
B. David Smith regarding freeway traffic flow on I-35.
Mr. Smith not present at the meeting.
C. Gerard Cannon regarding Code Enforcement.
Mr. Cannon reviewed a timeline on code enforcement issues, and the issues concerned with his
code violation and court case. He asked that the Code Enforcement Office be cleaned up. They
were not professional in the manner in which they conducted city business.
D. Ken Walbridge regarding Property Tax Code 33.06.
Mr. Walbridge presented a public service announcement regarding Property Tax Code 33.06
which provided for an exemption for 65 or older homeowner to defer paying taxes under certain
conditions.
D. New Business and Announcements
• Council Member Heggins requested a work session regarding the possibility of moving
council meetings outside the Council Chambers to various community facilities such as
Denia Recreation Center, Martin Luther King, Jr. Recreation Center and North Lakes
Recreation Center. She requested that staff prepare procedures on her request including legal
ramifications.
• Deputy Mayor Pro Tem Mulroy requested the City Manager and Assistant City Manager
Greene meet with Mr. Cannon regarding his problem with Code Enforcement and report
back to council on that meeting.
• Council Member Watts requested a work session on the City's gas well inspection program
for wells in the city limits.
• Council Member Thomson requested a report on companies that contracted with the city and
the possibility of requiring those companies to provide basic health insurance to their
employees.
• Mayor McNeill asked for an update from DME regarding the City's ECA rate and the fact
that Denton was still the lowest provider of electricity in the metroplex.
City of Denton City Council Minutes
April 1, 2008
Page 11
• Mayor McNeill also requested that staff meet with Mr. Cannon.
E. City Manager's Report
City Manager Campbell did not have a report for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Thomson motioned, Mulroy seconded that a written legal opinion concerning interpretation of
Charter Council term limits be released to the public. On roll vote, Montgomery "aye", Mulroy
"aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
Watts motioned, Heggins seconded that the city attorneys be authorized to pursue all legal
remedies including litigation to collect royalties under existing gas leases. On roll vote,
Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
With no further business, the meeting was adjourned at 8:18 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 8, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in 2nd Tuesday Session on Tuesday, April 8, 2008 at 4:00 p.m. in the City Council
Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT : None
Item 2 was considered.
2. The Council received a report, held a discussion and provided direction regarding the
recommendations of the Traffic Safety Commission.
Mayor McNeill stated that the City Manager was developing a manual for all of the city's boards
and commissions plus the council appointed committees that included, among other items, the
duties of the boards, commissions and committees. The first draft was completed and he was
working on revising it based on council suggestions. It was timely that the Traffic Safety
Commission had requested an opportunity to provide the council input on consideration of their
utles.
Jim Coulter, Director of Water Utilities, introduced those members of the Commission who were
present at the meeting: Charles Guarnaccia, Marion Scott, Michael Green and John Crew.
Mr. Guarnaccia stated that the recent CVS drive-through proposal was one of the situations that
brought the role of the Traffic Safety Commission to the forefront. None of the drive-through
information came before the Traffic Safety Commission for a recommendation. The
Commission worked backwards from that point and put together the document presented to
Council. A summary was made of what the Commission had done over the past 18 months in
order to make a point that they had not been asked to do very much. At a number of their
meetings they had not been given items that were important to the City of Denton. Page 4 of the
packet presented a rationale for reasons for a change in the duties of the Traffic Safety
Commission. The central idea was that there was no other entity in the city that had a specific
charge relating to the responsible for traffic safety issues. He felt that concerns about movement
of traffic and traffic safety would be an ongoing and a growing concern in Denton. He felt that
the philosophical goal or objective of the Planning and Zoning Commission was economic
development as the city grew. If so, there could be a tension between traffic safety issues and
economic development and growth. Tension was fine but there should be an entity that had
responsibility of acting in a check and balance system, paying attention to safety issues as greater
economic development occurred in the city. The packet of information for the Council contained
a list of recommendations which outlined what the Commission felt it should be doing and the
authority of the Commission. This list was a mechanism to open a dialog with the Council and
the Commission as the Commission would like to be of service during this time of economic
development with specific attention paid to traffic safety issues. The Commission would like to
participate in the manual process to lend their opinion on the duties, etc. of the Commission.
City of Denton City Council Minutes
April 8, 2008
Page 2
Mayor McNeill felt that one of changes in the duties of the Commission occurred due to the
passage of the Development Code such as curb cut permits. Staff would have to review the other
items on the Commission's list as some of the suggestions might be controlled by state statutes
or other ordinances. He felt it was a good point that someone needed to be concerned with
traffic safety.
Council Member Montgomery stated that some of the tasks the Commission had proposed would
have to be coordinated with other departments such as the Municipal Judge, the Police
Department, traffic engineers and/or TxDOT. He asked if the Commission had talked with any
of these other entities regarding their proposal.
Guarnaccia stated that the Traffic Engineer was present at all their meeting and that the
Commission had spoken with the Police Department during one meeting. He had been charged
with the responsibility to enter into a similar dialog with UNT as he was on the faculty there.
The Commission also had presentations by the Legal staff at their meetings. They probably also
needed to interface with the Planning and Zoning Commission. As far as their duties being
bound by ordinances, the Commission had been invited to comment on and work with staff to
suggest a revision for the loading zone ordinance. At the present time, that was the limit of their
responsibility. The current ordinance for loading zones was difficult to follow as it referenced
other parts of the Code.
Council Member Heggins asked for an example of how the Commission would work in a check and balance scenario in any given area.
Guarnaccia provided an example of a traffic safety item working through the Planning and
Zoning Commission and the Traffic Safety Commission. An item such as a variance for adrive-
through would be sent in parallel fashion to the Traffic Safety Commission and the Planning and
Zoning Commission or perhaps to a subcommittee from the two entities to resolve an issue that
appeared to belong in both places. Consideration of traffic safety items would not be done in
sequence but in a simultaneous fashion.
Council Member Thomson felt that more input into the process was an advantage. For example,
input from the Commission might have been helpful to coming to a conclusion on the Fry Street
issue.
Deputy Mayor Pro Tem Mulroy asked if the charter amendments regarding the Commission had
gone to the Commission before being placed on the ballot.
City Attorney Snyder stated that staff did not visit with entities not listed in the Charter which
the Commission was not.
Deputy Mayor Pro Tem Mulroy asked if the Charter amendment lessened the Commission's
responsibilities.
Guarnaccia stated that the goal today was to have a dialog with the Council to see if the
Commission could be a more effective body. His point of view was that the Charter amendment
did lessen their responsibility. However, he was more interested now in moving forward rather
than looking back.
City of Denton City Council Minutes
April 8, 2008
Page 3
Deputy Mayor Pro Tem Mulroy felt that there was a need to codify how the Commission was to
operate.
Mayor McNeill suggested finding out where the Commission had been and where it was suppose
to be going. They needed to know what state statutes were involved and what ordinances. Then
the request of the Commission could be considered.
Council Member Thomson suggested addressing whether the Commission should be considered
a commission or a committee.
Item 1 was considered.
1. The Council received a report, held a discussion and gave staff direction regarding street
maintenance issues.
Jim Coulter, Director of Utilities, reviewed the current street program. The asset value of the
streets was $332 million which was the cost to reconstruct the value of the streets. If nothing
was done to maintain the streets, it would cost $13.28 million a year assuming that 1/25 of the
streets were repaired each year. He reviewed the definition of an overall condition index which
provided a broad measure of the condition of a street segment based on a variety of criteria
established by the user. The OCI value would be used in subsequent analysis operations as a means of comparison and decision for road segments within the street network. The
next street
survey would be able to look at a deterioration rate since the preliminary study. Crack sealing
was an early stage of street maintenance in which cracks in the street were merely sealed.
Preventative maintenance was overlay of a street which sealed out moisture. Pavement
distresses were caused by cracking, base failure, horizontal cracking, and transverse cracking.
Distress was caused by wheel load, environment, poor drainage, material deficiencies, external
causes such as utility cuts and expansive soils. A slide was shown regarding streets with an
overall condition index of less than 45 with a recommended action to reconstruct those streets.
He also presented information on street operations and maintenance expenditures.
Council discussion -
• What was the reason for the shrinking figure in 2002-2003 for street maintenance? Coulter
replied that there were no bond sales during those years.
• There was a need to look at new ways to extend the life of the streets with perhaps new
standards for street development.
• The rising costs of building materials had an effect on the City's ability to reconstruct the
streets.
• Citizens needed to understand that there was a very methodical system of how to repair
streets.
• New technologies in the system had been implemented which helped with some of the life
cycle of the streets. Some of the materials used in the base materials had been changed which had helped.
• What had been done to elevate routine inspections? Coulter replied that another inspector
had been hired to help with street inspections. City inspectors worked with contractors and
City of Denton City Council Minutes
April 8, 2008
Page 4
street data. The data came directly to the city. Plus with the next pavement assessment
program, any new road would have radar done on it to make sure it had the proper depth.
• If the life cycle of a street was 25 years, then the city needed to be replacing one 25th of the
street system each year.
• Two street positions were lost between 2005-2006. Had those positions been replaced?
Coulter replied no that the department had the capability to handle the street program and
projects through its system. They had decided to keep the core staff and improve efficiency
on what they did. The department had a partnership with contractors for various portions of
any project.
• Were there any incentives to get projects completed before a deadline? Coulter replied no
that these were smaller projects and if the contractor was not performing, the City could tell
them that they would find someone else to do the project.
• Would inspections after two years be helpful? They would be helpful but staff would want to
write that into the bid specs.
• Council would like to know when that process had been formalized.
With no further business, the meeting was adj ourned at 5 :25 pm.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Solid Waste
ACM: Howard Martin, Utilities 349-82
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing
the filing of a proj ect application with the North Central Texas Council of Governments for a
Regional Solid Waste Program -Local Implementation Project; delegating and authorizing
George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other
matters that are related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of the North
Central Texas Council of Governments, the Texas Commission on Environmental Quality, and
the State of Texas, and providing for an effective date.
BACKGROUND
Through grant funding from the State of Texas, the NCTCOG is the administrator of the funds
collected from statewide fee paid to the TCEQ on solid waste disposal. Project funds are
designated for joint and local solid waste projects during the state fiscal year that began on
September 1, 2007. Approximately $1.5 million of reimbursable project funding is available for
implementation projects in the current FY 2009 planning cycle.
NCTCOG 2008 Grant Schedule:
Project Application Submittal Deadline to NCTCOG: May 16, 2008
Council Resolution Submittal Deadline to NCTCOG: May 30, 2008
Resource Conservation Council votes to approve list of grant projects: June 19, 2008
NCTCOG Executive Board approves RCC approved grant list: June 26, 2008
NCTCOG contracts with funded project entities: End of July-August 2008
Projects completed including Release of Claims: July 31, 2009
Proj ect Description:
Denton's requested grant will help fund equipment and educational materials to support the
Parks and Recreation Department's efforts to increase recycling in the City of Denton outdoor
public spaces. To ensure recycling at special events, the City Council passed a Resolution on
February 5, 2008, and is effective on July 1, 2008. This Resolution states that recycling at special
events will be mandatory on city property and by events that are co-sponsored by the City.
The equipment listed in the grant will assist in the collection and transportation of recyclable
materials generated in public spaces maintained by Parks Maintenance Staff. The City will
utilize selected recycling containers in public spaces for the collection and diversion of waste
that is deemed recyclable, and purchase an additional vehicle for the transportation of
recyclables.
Denton's efforts in this area will aid the NCTCOG's Regional Solid Waste Plan of promoting
waste minimization and recycling programs among commercial employers through education
programs. They additionally support the Council's recommended direction to provide increased
recycling infrastructure in City of Denton parks. The grant includes funding to support a public
education campaign informing and promoting recycling at parks and special events.
OPTIONS
The City Council may or may not recommend approval of the resolution officially authorizing
the filing of a project application with the NCTCOG for a Regional Solid Waste Management
Plan - FY 2009 Solid Waste Implementation Project.
If approved, the resolution must be submitted to the NCTCOG by May 30, 2008 in order to be
considered for grant reimbursement funding.
RECOMMENDATION
Staff recommends approval of the resolution for funding through the NCTCOG Regional Solid
Waste Management Plan grant program in the sum of $125,000.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Denton's staff attended the NCTCOG's FY 2008 grant information and training meeting on
November 3 0, 2007.
FISCAL INFORMATION
Grant reimbursement funding is requested in the amount of $125,000. This grant requires
quarterly Council of Governments reporting and reimbursement of funds.
EXHIBITS
1. Grant Resolution.
2. Grant Task List with Timeline and Costs.
Respectfully submitted:
i~~-~~.. A. Vance Kemler
Director of Solid Waste
EXHIBIT 1
RESOLUTION N0. R2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
PROGRAM - LOCAL IMPLEMENTATION PROJECT; DELEGATING AND
AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNATE, TO
ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO
THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS
RECEIVED, THE CITY OF DENTON, TEXAS WILL COMPLY WITH ALL PROJECT
REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS,
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF
TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed
by the Texas Commission on Environmental Quality ("TCEQ") to administer solid waste project
funds for the implementation of the NCTCOG adopted goal "Time to Recycle"; and
WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the
"FY 2008 Request for Applications"; and
WHEREAS, the City Council of the City of Denton has expressed their support and
interest regarding the above-referenced solid waste project; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas hereby delegates and
authorizes completion and submittal of the City of Denton's application requesting project
funding under the North Central Texas Council of Governments' "Request for Applications" for
the implementation of the Regional Solid Waste Management Plan; and the City Council hereby
empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the
behalf of the city in all matters, that are related to the project application, and any subsequent
project contract(s) that may result therefrom.
SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply
with the requirements of the North Central Texas Council of Governments, the Texas
Commission on Environmental Quality, and the State of Texas.
SECTION 3. The project funds and any project-funded equipment and facilities will be
used solely for the purposes for which they are intended under the Project.
SECTION 4. The activities of the city shall comply with and support the adopted local
and regional solid waste management plans adopted for the geographical area in which the
activities are performed.
1
SECTION 5. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
2
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AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development/Community Development
ACM: Fred Greene
SUBJECT
Hold a public hearing inviting citizens to comment on the City of Demon's 2008 Action Plan for
Housing and Community Development.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the US
Department of Housing and Urban Development (HUD). The Action Plan serves as the City's
application for the Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) programs. HUD requires a 30-day comment period. The 2008 Action
Plan comment period was advertised as April 7th through May 6th. Copies of the plan have
been available for citizen review in the Community Development Division office in City Hall
East, 601 E. Hickory Ste B, and on the City's website.
The 2008 Action Plan includes recommendations from the Community Development Advisory
Committee and the Human Services Advisory Committee. CDBG and HOME administration
funds are also included. Please refer to pages 43 through 72 of the 2008 Action Plan for minutes
of the CDAC and HSAC meetings.
ESTIMATED PROJECT SCHEDULE
Public comment period April 7 through May 6
CDAC &HSAC presentation to City Council May 6
Public Hearing April 6
Action Plan approval June 3
Submission of Action Plan to HUD June 15
HUD release of funds & program initiation August 1
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee (CDAC) reviewed requests for housing and
infrastructure improvements. The CDAC developed recommendations for $1,391,627 in funding
to be allocated to various projects.
The Human Services Advisory Committee (HSAC) reviewed requests for social services
program funding. HSAC developed recommendations for use of both CDBG funds and City
General Fund dollars. Though the list of General Fund recommendations is included in the 2008
Action Plan, the approval of the Plan does not include approval of those recommendations.
General fund recommendations will be considered during the normal budgeting cycle. HSAC
recommended that $131,398 in CDBG funding be awarded to various social service programs.
Both committees presented their recommendations to City Council at the work session on May
6th.
FISCAL INFORMATION
All projects and programs approved under the 2008 Action Plan are funded with CDBG and
HOME funds and program income from the use of these funds. No General Fund dollars are
included in the proposed Action Plan activities. Some General Funds may be used for program
administration.
EXHIBITS
1. CDAC Funding Recommendations Chart
2. HSAC Funding Recommendation Chart
3. 2008 Action Plan for Housing and Community Development
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
Prepared by:
x
Barbara Ross
Community Development Administrator
15-Apr-08
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS
2008/09 PROGRAM YEAR
2008 CDBG HOME FUNDING FUNDS FUNDS
APPLICATIONS RE VEST $903,034 $512,604
2 NON-PROFIT DENTON AFFORDABLE $164,000 $78,684
HOUSING CORP.
3 NON-PROFIT DENTON CITY COUNTY $92 700 $92 700 DAY SCHOOL '
4 NON-PROFIT FAIRHAVEN RETIREMENT $69 780 $116 000 HOME '
5 UTILITY AND SIDEWALK PROJECTS $554 003 $372 463
ENGINEERING '
6 COMMUNITY HOME IMPROVEMENT $421,644 $133 390 $289,164
DEVELOPMENT PROGRAM '
7 COMMUNITY HOMEBUYER ASSISTANCE $113,100 $38 400 $144,756
DEVELOPMENT PROGRAM '
8 COMMUNITY MINOR REPAIR PROGRAM $114 814 $126 070
DEVELOPMENT '
TOTAL FUNDING RECOMMENDED $1,530,041 $879,023 $512,604
TOTAL FUNDING AVAILABLE $1,415,638 $903,034 $512,604
TOTAL FUNDING DIFFERENCE ($114,403) $24,011 $0
$24,011 contingency funds can be used for current projects or reallocated to new projects/programs.
Shaded requests are HOME eligible activities
2008 - 2009
Human Services Recommendations
Organization 2007-2008 2008-2009 2008 - 2009 2008-2009 2008-2009 Re uest Recommendation General Fund CDBG
~ ACORN Housing Corporation $0 $11,100 $0 $0 $0
2 AIDS Services of North Texas $9,000 $15,000 $12,000 $7,102 $4,898
3 Camp Summit $0 $15,900 $4,000 $4,000 $0
4 Court Appointed Special Advocates (CASA) $8,500 $12,000 $10,000 $10,000 $0
5 Children's Advocacy Center $8,500 $59,710.86 $9,000 $9,000 $0
6 City of Denton -PARKS - Denia Progam $0 $31,154 $7,000 $0 $7,000 7 City of Denton -PARKS - MLK Program $0 $26,089 $7,000 $0 $7,000
s Cumberland Presbyterian Children's Home $0 $15,000 $0 $0 $0
g Day Stay for Adults $0 $12,000 $6,500 $6,500 $0
~o Denton Christian Preschool $22,000 $28,589 $22,500 $22,500 $0
~ ~ Denton City County Day School $25,000 $36,000 $26,500 $0 $26,500
12 Denton Community Food Center $4,000 $4,000 $4,000 $4,000 $0
13 Denton County Friends of the Family $23,000 $28,000 $24,000 $0 $24,000
14 Fairhaven Retirement Home $7,000 $26,013 $8,500 $8,500 $0
15 Family Health Care, Inc. $23,545 $23,545 $23,500 $0 $23,500
16 Fred Moore Day Nursery $27,000 $35,000 $22,000 $22,000 $0
17 HOPE, Inc., -Transitional Housing $20,000 $25,000 $21,000 $0 $21,000
~s HOPE, Inc., - HMIS $18,000 $18,000 $18,000 $18,000 $0 ~g Retired Senior Volunteer Program (RSVP) $8,000 $10,000 $8,000 $8,000 $0
20 Special Programs for Aging Needs (SPAN) $17,000 $25,000 $17,500 $0 $17,500
ANNUAL TOTALS $220,545 $457,100.86 $251,000 $119,602 $131,398
Note: The Salvation Army ($5,000) and the People's Clinic ($15,545) FUND 2007-2008 2008-2009
were awarded a total of $20,545 in the 2007-2008 fiscal year. Neither
agency applied for 2008-2009 funds. The 2007-2008 budget listed to General Fund $106,434 $119,602 the right includes the $20,545 awarded to these two agencies.
C.D.B.G. $134,656 $131,398
Total $241,090 $251,000
i i
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Housing Park Facilities
Public Improvements Human Services
Prepared for the U.S. Dept. of Housing and Urban Development
Will be presented to Denton City Council on May 6, 2008
www.citvofdenton.com
ADA/EOE/ADEA
TABLE OF CONTENTS
A. Executive Summary of Action Plan
1. Introduction ..................................................................................................................1
2. Funding Summary ........................................................................................................1
3. Local Match ..................................................................................................................2 4. Citizen Participation ..................................
...................................................................2
5. Amendment ..................................................................................................................4
6. Evaluation of Past Performance ...................................................................................4
B. SF-424 Application 1. CDBG Application .......................................................................................................6
2. HOME Application ......................................................................................................7
C. Projects/Activities
1. Summary ......................................................................................................................8 2. CPD Listing of CDBG and HOME Proposed
Projects ................................................9
3. Other Resources Available .........................................................................................18
D. CP Strategies and Proposed Projects
1. Housing Strategies ......................................................................................................19
2. Continuum of Care Strategies ....................................................................................20
3. Lead-Based Paint Strategies .......................................................................................23
4. Human Services Strategies .........................................................................................23
5. Infrastructure & Public Facilities Strategies ..............................................................25
6. Demolition Strategies .................................................................................................26 7. Anti-Poverty & Economic Development Strategies
..................................................26
8. Barriers to Affordable Housing ..................................................................................26
E. Proposed Project Map ......................................................................................................27
F. Other Program Requirements
1. HOME -Forms of Investment ...................................................................................28
2. Monitoring Standards and Procedures ......................................................................28
3. Public Housing Improvements ...................................................................................29
4. Public Housing Resident Initiatives ...........................................................................29 5. Institutional Structure ..............................................
...................................................29
6. Chronic Homelessness ...............................................................................................30
7. HOME -Minority Outreach Program ........................................................................31
G. Certifications ....................................................................................................................32
G. CD Minutes
1. Minutes from Public Hearings ...............................................................................40 2. 30-day Comment Period ................................................
........................................42
3. Community Development Advisory Committee Minutes .....................................43
4. Human Services Advisory Committee Minutes ....................................................54
EXECUTIVE SUMMARY
INTRODUCTION
This document serves as the City of Denton's 2008 Action Plan for the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance
with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and
services that will be funded during the 2008 Program Year to address Denton's strategies stated
in the 2005-2009 Consolidated Plan for Housing and Community Development. The following
five-year strategies were identified in 2005 year and are reaffirmed this year:
■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production
of Affordable Units;
■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment,
Emergency Shelter, Transitional Housing and Transition to Permanent Housing and
Independent Living; ■ Lead-Based Paint Strategies: Education and Reduction ofLead-Based Paint Hazardous to
Owners and Homebuyers;
■ Human Services Strategies: Improve availability and accessibility of basic food,
emergency shelter, transitional housing, services promoting strong, supportive relationships
for families, and basic health care and mental health services.
■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and
Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public
Facilities, Park Improvements and Demolition of Substandard Structures;
■ Anti-Poverty & Economic Development Strategy: Support Training and Employment
Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of
Start-up and expansion industry.
FUNDING SUMMARY
The City of Denton is currently an entitlement city for the Community Development Block Grant
(CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME)
Programs. SF-424 applications for CDBG and HOME are on page 6 and 7, respectively. The
table below shows the federal funding available from the U.S. Department of HUD for the
2008/09 program year. The table below also indicates the amount of CDBG and HOME funds
that will benefit low and moderate income persons.
U.S. Department of Housing Urban Development CDBG HOME TOTAL
Entitlement Grant (Includes Reallocated Funds) $875,933 $524,560 $1,400,493
Reprogrammed Prior Years' Funds $309,686 $0 $309,686
Estimated Program Income $30,000 $45,000 $75,000
Total Funding Sources from HUD $1,215,619 $569,560 $1,785,179
Benefit to Low & Moderate Income Persons $1,034,432 $513,000 $1,547,432
Page 1
The City of Denton and subrecipients also receives many other federal, state, local and private
funds during the 2008-09 Program Year to address priority needs and specific objectives
identified in the City of Denton Consolidated Plan. A total of $21,141,027 in resources is
proposed for the 2008/09 program year. The list of resources available to City of Denton can be
found on the next page and includes local, state and federal resources.
LOCAL MATCH
The HOME program requires a participating jurisdiction to provide a 25% match of the federal
HOME funds. The City of Denton's local match for the HOME program is $128,250. The 25%
match of federal HOME funds excludes administrative allowances of 10%. The City of Denton
will provide the match from a variety of sources including the following:
1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable
Housing Corporation (DAHC) for home ownership assistance and home improvement.
2. Denton County Housing Finance Corporation and other non-federal funding awarded to
Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME
eligible projects.
CITIZEN PARTICIPATION
To ensure citizen participation in the 2008 Action Plan process, the city followed its Citizen
Participation Plan. Public hearings were held November 12 and 15. The November 15th public
hearing was held in Spanish. The public hearings updated citizens on the status of current
programs and activities and asked the citizens how they felt the 2008 funds should be spent. Both
of the public hearings were held within a low and moderate-income neighborhood. See page 43 for minutes of both public hearings. Information on the public hearings was included
in the
Community Development Newsletter that was mailed out to neighborhood associations; service
agencies and beneficiaries; city council, Human Services Committee (HSC) and Community
Development Advisory Committee (CDAC) members; churches; contractors; participating
lenders; citizens who attended previous public hearings; and interested citizens. A notice was
also placed in the Denton Record-Chronicle.
After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle
summarizing the plan and announcing to the public where the Action Plan was available for
review, and the process for submitting comments to the City of Denton. The advertisements also
included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors,
participating lenders, committees, and city employees. All comments received from the public
were addressed before submitting the plan to the U.S. Department of Housing and Urban
Development. Comments received during the 30-day comment period will be included in the
Action Plan.
To ensure citizen participation at all stages of the 2008 Action Plan process, a public hearing will
be scheduled on May 6, 2008 during a City Council Meeting to give citizens the opportunity to
comment on the 2008 proposed projects and activities. See page 40 for minutes of the public
hearing.
Page 2
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AMENDMENT
The City of Denton is also amending the 2003, 2004, 2006 and 2007 Action Plans for Housing
and Community Development to reallocate $309,686 from cancelled projects or unprogrammed
funds. Program year 2003 and 2004 CDBG funds were allocated to the Owsley Community
School. The Owsley project has been cancelled. $49,518.74 in 2004 funding is available in contingency funds remaining from completed projects. In 2006, CDBG funds of $195,000
were
allocated to the Fred Moore School Project. This project has also been cancelled. In 2007,
$36,570 in CDBG funds was unprogrammed. Funds from these sources will be reallocated to
the above projects.
EVALUATION OF PAST PERFORMANCE
It is evident from the information on performance outcomes in the 2006-'07 CAPER that the
City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals.
Please note that lower than expected funding levels have caused a reduction in activities/services and required more efficient use of the available funding. The number
of individuals and
households assisted during the five-year period will likely fall short of projected outcomes due to
the funding reductions.
During the past year, there has been excellent progress in existing programs such as Homebuyer
Assistance and Home Improvement. Both of these programs have succeeded in providing
current residents of the City with opportunities to improve their housing situation. The Home
Improvement Loan program has also succeeded in promoting the revitalization of older,
decaying neighborhoods. Community Development staff feels that these programs could
possibly meet their five-year goals barring any additional funding cuts or significant price increases.
Continuum of Care activities and collaborative efforts have been very successful in bringing
additional funds to Denton County to meet the needs of homeless and potentially homeless
individuals and families. Five agencies participate in a collaboration that, for the past three
years, has been funded by the State's Emergency Shelter Grant program. Activities include
homeless prevention, essential services and payment of operating and maintenance costs for
shelters. Three local agencies also continue to receive Supportive Housing Program grant funds.
A portion of the SHP funding is used for development and support of a Homeless Management
Information System for Denton County.
Other public services activities funded by the City of Denton through both CDBG and general
funds have been successful in meeting identified needs in the Denton community. Health care
has been one area where the community has made significant strides. The People's Clinic has
opened and is providing services to low-income individuals in Denton County. The City
supports the Clinic by providing funding for a social worker and patient medications that are not
covered through the Medicaid system. The City of Denton continues to support childcare for
low-income families, services for the elderly and households affected by AIDS.
Page 4
Public improvement activities have been a concern due to slow development of bid
specifications. During the past program year, four major projects have been bid out and
construction has begun. Four additional projects funded in previous program years will begin
construction soon and should be completed before July 31, 2008. This should ensure that the
City of Denton has no timeliness issues in the near future.
Drawdown of grant funding is completed on a monthly basis. Community Development expenditure records are reconciled with those of the Accounting Department
prior to any
drawdown of funds. As a result of this reconciliation process and the time lapse between actual
expenditure of funding and drawdown of Federal funding to cover expenditures, the City of
Denton is always compliant with U.S. Treasury and U.S. Department of Housing and Urban
Development drawdown requirements.
Programs and activities developed to meet community needs appear to be reaching stated goals.
Housing, social services, neighborhood revitalization and public facility improvements are focus
areas for Denton Community Development. Strong collaborative efforts among the local service
and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households
in
an effort to help them reach self sufficiency.
The implementation of Denton's Consolidated Plan has not been hindered by action or willful
inaction of staff, citizens or elected officials.
Page 5
~M~
Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet.
Date Submitted pplicant Identifier
June 15, 2008 756000514 Type of Submission Date Received by state State Identifier
Application Pre-application
Date Received by HUD Federal Identifier ❑ Construction ❑ Construction
❑ Non Construction ❑ Non Construction
licant Information
Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B Or anizational DUNS 07-138-0190
Street Address Line 2 Or anizational Unit
Cit DENTON State TEXAS De artment PLANNING & DEVELOPMENT
ZIP 76201 Count U.S.A. Division COMMUNITY DEVELOPMENT
Employer Identification Number (EIN): Count DENTON
75-6000514 Pro ram Year Start Date MMIDD 08101108
pplicant Type: Specify Other Type if necessary:
Local Government: Township S ecif Other T e
U.S. Department o Pro ram Fundin Housing and Urban Developmen
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by
Projects} (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles: Description of Areas Affected by CDBG Project(s)
Housing rehabilitation, minor repair, public facility Denton, Texas
improvements, provision of public services, homeownership assistance, and pro ram administration.
CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe
$875,933 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$30,000
Total Funds Leveraged for CDBG-based Project(s)
Page 6
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s)
CHDO for acquisition, rehab and homeownership Denton, Texas
assistance, tenant based rental assistance and program administration
$HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe
$524,560 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
$45,000
Total Funds Leveraged for HOME-based Projects}
Housing Opportunities for People with AIDS 14.241 HOPWA
HOPWA Project Titles Description of Areas Affected by HOPWA Project(s)
$HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Pro~ect Titles Descri tion of Areas Affected b ESG Pro~ect s
$ESG GrantAmount $Additional HUD Grant(s) Leveraged Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Total Funds Leveraged for ESG-based Project(s)
Con ressional Districts of: Is application subject to review by state Executive Order
A licant Districts 26 Pro~ect Districts 26 12372 Process?
Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the
"Yes" please include an additional document state EO12372 rocess for review on DATE explaining the situation. ❑ No Pro ram is not covered b EO12372
❑ Yes ®No ®NlA Program has not been selected by the state
for review
Person to be contacted regarding this application
First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 383-2445
entail bross(a,cityofdenton.com Grantee Website - www.cityofdenton.com Other Contact
Signature of Authorized Representative -George C. Campbell, City Manager Date Signed
Page 7
2008 PROJECTS/ACTIVITIES
SUMMARY
The City of Denton's total federal and program income funding for 2008 is $1,785,179 (includes
$309,686 of Reprogrammed Funds). Program funds have been allocated to an array of projects and
activities to benefit low and moderate-income households. Each project is described in detail from
pages 9 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number:
HOME Page # Project Name CDBG Funds Funds
9 AIDS Services of North Texas $4,898 $0
9 CDBG Administration $181,187 $0
10 DAHC -Affordable Housing Opportunity Program $0 $78,684
10 Denton City County Day School Services $26,500 $0
11 Denton City County Day School Project $92,700 $0
11 Denton County Friends of the Family $24,000 $0
12 Fairhaven Retirement Project $116,000 $0
12 Family Health Care, Inc. $23,500 $0
13 HOME Administration $0 $56,956
13 Home Improvement Program $133,390 $289,164
14 Homebuyer Assistance Program $38,400 $144,756
14 HOPE, Inc. $21,000 $0
15 Minor Repair Program $126,070
15 PARD: Denia Summer Program $7,000 $0
16 PARD: MLK Summer Program $7,000 $0
16 Sidewalk Projects $372,463 $0
17 Special Program for Aging Needs (SPAN) $17,500
17 Unprogrammed Funds $24,011
Total Funding Allocated to Projects $1,215,619 $569,560
Funding Available $1,215,619 $569,560
Balance of Funds $0 $0
Page 8
PROJECT DESCRIPTIONS
The following are descriptions of projects and activities that will be funded during the 2008
Program Year with CDBG and HOME funds:
AIDS SERVICES OF NORTH TEXAS
Provision of food and medical care to individuals and families impacted byAIDS/HIV. Funds will be used to
buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas.
HUD Matrix Code: OS Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) LowlMod Limited Clientele ®Suitable Living Environment
❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective: persons.
Outcomes:
S ecific Outcomes: Number of persons assisted with improved access to ®Availability/Accessibility p a service - 40 persons ❑ Affordability
Project Goals: 40 People ❑ Sustainability
Primary Purpose: ❑ Homeless ®HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $4,898
Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0
Start Date 10/1/2008 Other Sources $3,094,147
Completion Date 9/30/2009 Total $3,099045
CDBG ADMINSTRATION
CDBG funds will be used for program management, coordination, monitoring and evaluation associated with
carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The
program will be carried out by the City's Community Development Division. Funding includes $13,000 in
proposed CDBG program income.
HUD Matrix Code: 21A General Program Administration 570.206 Objectives:
Eli ibilit : 570.208 a 2 LowlMod Limited Clientele ❑Suitable Living Environment g y OO Decent Housm ❑ g
Priority Need: Planning & Administration ❑ Creating Economic
Opportunities
Specific Objective: NIA Outcomes:
Specific Outcomes: NIA ❑ Availability/Accessibility
❑ Affordability
Project Goals: NIA ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $181,187
Location: Community Wide HOME $0
Start Date 08/01/08 Other Sources $190,883
Completion Date 07/31/09 Total $372,070
Page 9
DAHC -AFFORDABLE HOUSING CORP
Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and
closing costs assistance. Funds will be utilized to acquire housing units in Denton, rehabilitate them and sell to
low and moderate income households. Funds will also be used for operating expenses in the amount of
$20,000. Program carried out by the Denton Affordable Housing Corporation.
14G Acquisition for Rehabilitation 92.205 (a) HUD Matrix Code: 21I CHDO Operating Expenses (subject to 5% cap) Objectives:
❑ Suitable Living Environment
Eligibility: NIA ®Decent Housing
Priority Need: Housing ❑ Creating Economic
Opportunities
Specific Objective: Increase the availability of affordable owner housing.
Specific Outcomes Number of affordable units - 20 Outcomes: ® Availability/Accessibility
Indicators: Numbers brought to standard condition - 20 ❑ Affordability
Project Goals: 20 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: CHDO 92.2 CDBG $0
Location: Community Wide HOME $78,684
Start Date 08/01/08 Other Sources $1,967,693
Completion Date 07/31/09 Total $2,046,377
DENTON CITY COUNTY DAY SCHOOL PROJECT
Project consists of making needed improvements to the school. Funds will be used to build a retaining wall for erosion control, installing a drainage system, rehabbing the classroom
sink and cabinets and kitchen cabinets,
repainting of walls in classrooms, adding additional pavilion to the playground and for the purchase of video
cameras and monitors in the classrooms for security purposes. The school provides affordable day care on a
sliding scale. Project will be carried out by the City's Community Development Division and Denton City
County Day School.
HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives:
Eli ibilit : 570.208 a 2 - LowlMod Limited Clientele ®Suitable Living g y Environment
Priority Need: Public Facilities ❑Decent Housing
Improve the services for low/moderate income ❑ Creating Economic
Specific Objective: Opportunities persons.
Specific Outcomes Number of persons assisted with new access to a Outcomes:
Indicators: facilit - 98 children ❑ Availability/Accessibility y ®Affordability
Project Goals: 98 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subreci lent: Private 570.500 c CDBG $92,700 Location: 1603 Paisle Street, Denton Texas 76209 HOME $0
Start Date 08/01/08 Other Sources $
Completion Date 07/31/09 Total $92,700
Page 10
DENTON CITY COUNTY DAY SCHOOL
Provision of childcare services for low income children between the ages of 2 years and 5 years.
Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding
scale. Project will be carried out by the City's Community Development Division and Denton City County
Day School.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic
S ecific Ob' ective: Improve the services for low/moderate income Opportunities p ~ persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 98 ersons ❑ AvallabilitylAccessibility Indicators: p ®Affordability
Project Goals: 98 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $26,500
Location: 1603 Paisley Street, Denton Texas 76209 HOME $0
Start Date 10/01/08 Other Sources $460,236
Completion Date 09/30/09 Total $486,736
DENTON COUNTY FRIENDS OF THE FAMILY
Provision of counseling services, crisis assistance and emergency shelter for family members impacted by
domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic
violence. Program will be carried out by the Denton County Friends of the Family.
HUD Matrix Code: OSG Battered and Abused Spouses 570.201(e) Objectives:
570.208 a 2 -Low/Mod Limited Clientele ®Suitable Living Environment Eligibility. ❑ Decent Housmg
Priority Need: Homeless ❑ Creating Economic
0 ortunities Specific Objective: Provide emergency services for homeless persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to ®Availability/Accessibility
Indicators: a service - 3,512 persons ❑ Affordability
Project Goals: 3,512 People ❑ Sustainability
Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $24,000
Location: Confidential HOME $0
Start Date 10/01/08 Other Sources $2,016,061
Completion Date 09/30/09 Total $2,040,161
Page 11
FAIRHAVEN RETIREMENT HOME
Project consists of replacing the roof at Fairhaven Retirement Home. Funds will be used to replace and
warranty the roof over the entire building including 27 tenant units. The retirement home provides affordable housing for low-income seniors. Project will be carried out by the
City's Community Development Division
and Fairhaven Retirement Home.
HUD Matrix Code: 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives.
, , ❑ Suitable Living Environment Ehgibihty: 570.208(a)(3) - LowlMod Housing ®Decent Housing
Priority Need: Rental Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of affordable rental housing.
Specific Outcomes Number of persons assisted with new access to a Outcomes:
Indicators: facilit - 47 housin units ®AvallabilitylAccessibility y g ❑ Affordability
Project Goals: 47 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $116,000
Location: 2400 N. Bell Avenue, Denton Texas 76209 HOME $0
Start Date 08/01/08 Other Sources $0
Completion Date 09/30/09 Total $116,000
FAMILY HEALTH CARE
Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be
used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out
by Family Health Care, Inc.
HUD Matrix Code: OSM Health Services 570.201 (e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living
Priorit Need: Public Services Environment
y ❑Decent Housing
Improve the services for low/moderate income ❑ Creating Economic Specific Objective: Opportunities
persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 83 ersons ®Availability/Accessibility Indicators: p
❑ Affordability Project Goals: 83 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $23,500
Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0
Start Date 10/Ol/08 Other Sources 1,297,748
Completion Date 09/30/09 Total $1,321,248
Page 12
HOME ADMINSTRATION
HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community
Development Division. Funding includes $45,000 in HOME Program Income.
HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to , • 10%) 92.207 (a) Objectives.
❑ Suitable Living Environment Eligibility: NIA ❑ Decent Housing
Priority Need: Planning & Administration ❑ Creating Economic Opportunities
Specific Objective: NIA
Specific Outcomes Outcomes:
NIA ❑ Availability/Accessibility Indicators: ❑ Affordability
Project Goals: NIA ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $
Location: Community Wide HOME $56,956
Start Date 08/01/08 Other Sources $0
Completion Date 07/31/09 Total $56,956
HOME IMPROVEMENT PROGRAM
Rehabilitation ofowner-occupied structures in targeted neighborhoods. Funds are available in low interest
loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed.
Funding also includes estimated program income for HOME and CDBG. Program will be carried out by the
City's Community Development Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
570.208 a 3 - LowlMod Housin ❑ Suitable Living Environment Eligibility. g ®Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility
Indicators: standard condition - 7 housing units ®Affordability
Project Goals: 7 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $133,390
Location: Community Wide HOME $288,254
Start Date 08/01/08 Other Sources
Completion Date 07/31/09 Total $421,644
Page 13
HOMEBUYER ASSISTANCE PROGRAM
HAP is designed to provide homeownership opportunities for low and moderate-income families who live in
Denton. The program provides down payment, closing costs and gap assistance to eligible households.
Program carried out by the City's Community Development Division.
HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: J
Eligibility: 570.208(a)(3) - LowlMod Housing ❑ Suitable Living Environment
® Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic
Increase the availability of affordable owner Opportunities Specific Objective: housin .
S ecific Outcomes Number offirst-time homebuyers - 30 households Outcomes: p Number receiving down-payment assistance/closing ❑ Availability/Accessibility
Indicators: costs - 20 households ®Affordability
Project Goals: 20 Households ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $38,400
Location: Community Wide HOME $143,847
Start Date 08/01/08 Other Sources $1,890,000
Completion Date 07/31/09 Total $2,072,247
HOPE, INC.
Provision of fmancial assistance and case management to families who are homeless or at risk to be homeless
and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially
homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager.
Program will be carried out by HOPE, Inc.
HUD Matrix Code: OS Public Services (General) 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective: persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes: a service -19 ersons ®Availability/Accessibility Indicators: p
❑Affordability
Project Goals: 19 People ❑ Sustainability
Primary Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $21,000
Location: 117 West Sycamore, Denton, TX 76201 HOME $0
Start Date 10/Ol/08 Other Sources $414,000
Completion Date 09/30/09 Total $435,000
Page 14
MINOR REPAIR PROGRAM
Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be
covered by homeowner's insurance. Program carried out by the City's Community Development Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
J
Eligibility: 570.208(a)(3) - LowlMod Housing ❑ Suitable Living Environment ® Decent Housmg
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Improve the quality of owner housing.
Outcomes: Specific Outcomes Number of units brought from substandard to ®Availability/Accessibility
Indicators: standard condition - 43 housing units ❑ Affordability
Project Goals: 43 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $126,070
Location: Community Wide HOME $0
Start Date 08/01/08 Other Sources $0
Completion Date 07/31/09 Total $126,070
PARD - MLK SUMMER PROGRAM
Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to provide
scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priority Need: Public Services ❑ Decent Housing
❑ Creating Economic Improve the services for low/moderate income Opportunities
Specific Objective: persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes: a service 42 ersons ®Avallability/Accessibility Indicators: p
❑ Affordability
Project Goals: 42 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $7,000
Location: 1300 Wilson St., Denton Texas HOME $0
Start Date 10/01/08 Other Sources $155,229
Completion Date 09/30/09 Total $162,229
Page 15
PARD - DENIA SUMMER PROGRAM
Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to
provide scholarships for low-income participants. Program will be carried out by the City's Parks and
Recreation Department.
HUD Matrix Code: OSL Child Care Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment ❑ Decent Housmg
Priority Need: Public Services ❑ Creating Economic
Specific Objective: Improve the services for low/moderate income Opportunities
ersons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
Indicators: a service 43 ersons ®Avallability/Accessibility p ❑ Affordability
Project Goals: 43 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $7,000
Location: 1300 Pavin, Denton Texas HOME $0
Start Date 10/01/08 Other Sources $152,238
Completion Date 09/30/09 Total $159,238
SIDEWALK PROJECTS
Installation of sidewalks and disability access ramps in the following areas: East side of North Texas
Boulevard, East side of Malone Street from North of Broadway to Crow and the East side of Malone from
Broadway to Egan; South side of Eagle from Bernard to Carroll, and South side of Hickory from Bonnie Brae
to North Texas Boulevard. Program will be carried out by the City of Denton's Engineering Department.
HUD Matrix Code: 03 Sidewalks Objectives:
570.208 a 1 - LowlMod Area ®Suitable Living Ehgibihty. OO Environment
Priority Need: Infrastructure ❑ Decent Housing
Improve quality/increase quantity of public ❑ Creating Economic
Specific Objective: improvements for low income persons. 0 ortunities
Specific Outcomes Number of persons assisted where activity was used Outcomes:
Indicators: to meet a measurable im roved ualit ®Availability/Accessibility p q y ❑ Affordability
Project Goals: 4,430 feet of new sidewalk ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $372,463
Location: City Wide, Denton, TX 76201 HOME $0
Start Date 08/01/08 Other Sources
Completion Date 7/31/09 Total $372,463
Page 16
SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS)
Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program
will be carried out by SPAN.
HUD Matrix Code: OSA Senior Services 570.201(e) Objectives:
Eligibility: 570.208(a)(2) - LowlMod Limited Clientele ®Suitable Living Environment
Priorit Need: Non-housin s ecial needs ❑ Decent Housing y g p ❑ Creating Economic
Improve the services for low/moderate income Opportunities Specific Objective:
persons.
Specific Outcomes Number of persons assisted with improved access to Outcomes:
a service - 450 ersons ®Availability/Accessibility Indicators: p ❑ Affordability
Project Goals: 450 people ❑Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $17,500
Location: 1800 Malone Street, Denton, Texas 76201 HOME $0
Start Date 10/01/08 Other Sources $2,051,800
Completion Date 09/30/09 Total $2,069,300
UNPROGRAMMED FUNDS
Contingency funds are set aside for unanticipated expenses relating to the development of eligible proj ects and/or cost overruns that occur during the fiscal year. Up to 10%
of the CDBG funds can be set aside for
contingency purposes.
HUD Matrix Code: 22 Unprogrammed Funds Objectives:
Eli ibilit : NIA ❑Suitable Living Environment
g y ❑ Decent Housing Priority Need: NIA ❑ Creating Economic
S ecific Ob' ective: NIA Opportunity p J
Outcomes: Specific Outcomes NSA ❑ Availability/Accessibility
Indicators: ❑ Affordability
Project Goals: NIA ❑Sustainability
Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $24,011
Location: Community wide HOME $
Start Date 08/01/08 Other Sources $
Completion Date 07/31/09 Total $24,011
Page 17
OTHER RESOURCES AVAILABLE
GENERAL FUNDS
Also, during the 2008 Program Year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General
Fund
dollars.
The Human Services Advisory Committee has recommended funding the following human
services programs. It is recommended that these activities be funded through Denton's general
fund budget. City Council will consider approval of the following recommendations in
September 2008.
Category /Agency General Funds Other Funds Total Funds
Aging Services
Day Stay for Adults - 64 people $6,500 $290,075 $296,575
Denton Co. Sr. Housing -Fairhaven - 48 people $8,500 $332,093 $340,593
RSVP - 505 people $8,000 $244,194 $252,194
Emergency Services
AIDS Services of North Texas $7,102 $0 $7,102
Community Food Center -10,250 people $4,000 $57,500 $61,500
Denton County HMIS - N/A $18,000 $69,445 $87,445
Day Care /After School Care
Denton Christian Preschool - 98 people $22,500 $357,326 $379,826
Fred Moore Day Nursery - 250 people $22,000 $397,127 $419,127
Child/Family Services
CASA -198 people $10,000 $403,355 $413,355
Children's Advocacy Center - 265 people $9,000 $752,289 $761,289
Other Services
Camp Summit - 60 people $4,000 $2,732,695 $2,736,695
Total $119,602 $5,636,099 $5,755,701
Page 18
STRATEGIES & PROPOSED PROJECTS
The City of Denton's 2008 funding has been allocated to programs and activities that meet
objectives stated in Denton's five-year strategic plan. Following is the list of the five-year
strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies.
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
RENTAL HOUSING STRATEGIES
H-3.1 ncourage and n addition of 100 rovide support for low-income housing
Sustainability support the ffordable units in mixed ax credit and bond proposals for f Decent development of small 'come developments evelopment.
ousing fixed-income rental ould assist in meeting
developments in his outcome measure.
accessible areas.
H-2.1 ncourage self ental assistance and other ork with and provide funding when ffordability of sufficiency among forms of public assistance ppropriate to
support transitional
ecent Housing ouseholds that o approximately 25 ousing and self sufficiency programs
currently receive ouseholds dministered by Denton Housing
ental subsidies and uthority and HOPE, Inc.
other forms of public support.
H-l.l ncourage and ehabilitation ontinue to support effort in the City's
vailabilityl support the pproximately 25 units. ental Rehabilitation Program with
ccessibility of ehabilitation of esidual funds. ecent Housing substandard units.
H-2.2 ncourage and assist pproximately 250 renters unding City's Homebuyer Assistance
ffordability of low-income renters to ill be assisted. rogram, DAHC's Affordable Housing
ecent Housing ecome homeowners. pportunity Program for 50 households. Support of the following programs: DAHC's
nfill New Construction Program and Nevada
ourt Proj ect, Denton Housing Authority's
amily Self Sufficiency Program and Habitat or Humanity.
H-1.2 Target programs and our newsletters per year will unding of the Tenant-Based Rental
vailabilityl information to e sent out. Additional ssistance for elderly and disabled.
ccessibility of inoritien and the 'nformation will appear on inseminate program information in Spanish ecent Houning elderly. able channel. nd English to organizations
serving these
roups.
OWNER-OCCUPIED HOUSING STRATEGIES
H-2.3 ducate homeowners nformation will be provided households will be provided successful
ffordability of egarding home o 20-25 households omeowner education. ecent Houning aintenance and
udgeting for major and
inor repairs and safe
cleaning practices. H-2.4 ssint low and rovide minor repairs to unding of the Minor Repair Program for 43
ffordability of oderate-income pproximately 120 very low ouseholds.
ecent Houning ouseholds with minor omoderate-income
ousing repairs and omeowners. eatherization.
Page 19
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
H-3.2 ncourage and assist ssistance to 25 to 35 unding of the Home Improvement Program
Sustainability low and moderate- ouseholds. It is anticipated or 7 households. f Decent income homeowners to hat 25%-35% of the annual
ousing aintain their units up /location will be dedicated to
o current City of his targeted area. enton code standards
in targeted areas.
HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS
H-2.5 ducate homebuyers nformation will be provided Support of Fannie Mae and HUD approved ffordability of egarding home buying o 150 prospective omeowner-ship
workshops by local
ecent Housing rocess and household omebuyers. gencies and lenders
udgeting.
H-2.6 ncourage and assist pproximately 150 renters unding of Homebuyer Assistance Program ffordability of low and moderate ill be assisted. nd DAHC's Affordable
Housing
ecent Housing income renters to pportunity Program for a total of 40
ecome homeowners. It ouseholds. is anticipated that 35%
0 50% will be minority
ouseholds.
H-2.7 Support production of onstruction of an estimated Support of DAHC and City's Infill New ffordability of affordable units. 5 new units. onstruction Program
and DAHC and
ecent Housing abitat for Humanity's New Construction
rogram.
CONTINUUM OF CARE -PREVENTING HOMELESSNESS
H-2.8 rovide assistance for 1) Support at least three 1 a) Support and refer persons to local
ffordability of low-income households educational classes business and agency's' First Time
ecent Housing o secure and sustain concerning securing Homebuyer classes and Credit safe, decent affordable and maintaining a Counseling Classes
ousing home. lb) Provide funding to HOPE, Inc in
support of programs including
Support 250 individual/ Housing Counseling
family units of services a) Provide administrative support and
to secure and maintain funds including any Emergency housing including Shelter Grant Program or Emergency
prevention of Food and Shelter Program Awards to
foreclosure and eviction HOPE, Inc and The Salvation Army
a year for homelessness prevention
assistance. b) Continue to support the Tenant
Based Rental Assistance from
HOME funds to the Elderly and
Disabled to maintain independent
living and to prevent homelessness.
CONTINUUM OF CARE -OUTREACH AND ASSESSMENT
Page 20
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
SL-l.l mprove community 1) Support at least five 1) Provide funds to the Denton County
vailabilityl assessment of needs and homeless service Homeless Management Information ccessibility of services available agencies participating System to enroll
and support
Suitable Living in the HMIS in three homeless service agencies.
nvironment years. a) Complete first phase of Denton
Complete County HMIS project
implementation of the Implementation including contracts Denton County HMIS with software provider and for HMIS
project in three years. technical services support.
Support acounty-wide b) Assist Denton County HMIS Project
coordinated Discharge management to complete HMIS
Policy and Plan to End policies and procedures. Chronic Homelessness )Assist the Denton County Homeless
in two years Coalition to organize a taskforce to
create and implement a plan to in
Chronic Homelessness including a coordinated discharge policy.
CONTINUUM OF CARE -EMERGENCY SHELTER
H-1.3 eet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County
vailabilityl shelter and basic health, emergency shelter Friends of the Family Safe Shelter. ccessibility of food, clothing, and nights of stay a year. 2a)
Assist The Salvation Army, and
ecent Housing ersonal hygiene needs )Assist local agencies to Denton County Friends of the
f the homeless and apply for at least three Family to apply for Emergency
ictims of domestic grants to provide Shelter Grant Program Funds lolence.
supportive services to 2b) Assist Denton County MHMR to
all homeless, victims of apply for Supportive Housing domestic violence, Program and/or Shelter Plus Care
homeless families or Funds.
homeless youth. 2c) Assist AIDS Services of North
Texas apply for Supportive Housing Program Funds.
Page 21
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
CONTINUUM OF CARE -TRANSITIONAL HOUSING
H-1.4 eet the transitional 1) Support at least 100 la) Provide funds to the Salvation Army
vailability/ ousing and supportive individuals/ families and HOPE's transitional shelter
ccessibility of service needs of the provided with program to assist 319 people.
ecent Housing omeless and victims of transitional housing a 2a) Provide local agencies with domestic violence in year. information on grant opportunities
reparation for a move )Assist local agencies to for funds to support transitional
o permanent or ermanent supportive apply for at least two housing and supportive services.
ousing. grants to provide 2b) Provide documentation for and assist
additional transitional with the completion of applications
housing and supportive to request Emergency Shelter Grant services Funds and Supportive Housing
Support the increase Program funds for transitional
use of transitional housing and supportive services
housing and/or 3) Attend Ten Year Plan to End
supportive services to Homelessness meetings and provide prepare individuals for information on the importance and
permanent housing in need for transitional housing and/or
the Ten Year Plan to supportive services.
End Homelessness.
CONTINUUM OF CARE -
TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING
H-3.3 rovide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas
Sustainability ictims of domestic for at least two grants to and Denton County MHMR apply f Decent iolence with permanent provide permanent for Supportive
Housing Program
ousing r permanent supportive supportive housing with funds for permanent supportive
ousing. an emphasis on chronic housing program projects.
homeless and persons lb) Provide local agencies with
with a severe mental information on grant opportunities illness and/ or HIV for funds to support transitional
positive status. housing and supportive services.
Assist at least two 2a) Participate in the Affordable Housing
community Coalition and the Denton County
partnerships/ Homeless Coalition. collaborative efforts to 2b) Provide funding to support programs
provide additional of HOPE, Inc, Denton County
permanent housing Friends of the Family, and Denton
opportunities to the Affordable Housing Corporation homeless and victims of who have a collaborative effort to
domestic violence move victims of domestic violence
from emergency shelter to
Transitional housing in preparation
for stable, sustainable permanent housing.
Page 22
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
LEAD-BASED PAINT STRATEGIES
H-1.5 ducate homeowners, 0 households and 50-75 Six owners and 12 contractors or property
vailabilityl ent property ontractors and property anagers will receive field guides for Lead
ccessibility of wners/managers and anagers received field aint Safety painting, home maintenance and
ecent Housing contractors regarding uides for painting, home enovation work instructions. Four owners, disclosure, the history of aintenance and renovation anagers
or contractors receive individual
lead-based paint, its ork instructions. 20 safe work practice video training and lead-
azards to children and wners, managers or elated regulation training.
ow to use safe work ontractors receive individual ractices when safe work practice video
disturbing paint in older raining for the five-year
ousing. eriod H-1.6 educe Lead-Based verage of 40 units will n properties built before 1978, two minor
vailabilityl aint Hazards in owner eceive lead-based paint epairs, one rental rehabilitation, three owner
ccessibility of and renter-occupied 'nspection, hazard control ccupied rehabilitations and three homebuyer
ecent Housing esidential units as eduction work or abatement, ssistance projects will be completed and eeded. ass inspections and, when eceive lead-based paint reduction
work, pass
equired, meet final clearance 'nspections and meet final clearance in
ver the five-year period. ompliance with 24 CFR 35 regarding lead- asedpaint during 2008. For the Homebuyer
ssistance Program, only a visual inspection
ill be conducted and property must pass
'nspection.
HUMAN SERVICES STRATEGIES
SL-L2 eet the basic food 1) Support at least 5,000 la) Provide funds to support the
vailabilityl eels of the homeless mergency meals and food Community Food Center who will
ccessibility of and low-income ags a year provide emergency food bags to an Suitable Living estimated 10,250 people.
nvironment )Support at least 350 a) Provide funds to support the
eals and nutritional food Nutrition Center of AIDS Services
ags/shops a year of North Texas to provide an
estimated 60 persons with weekly nutritional shops.
b) Provide funds to support SPAN who
will provide meals to 450 elderly.
Page 23
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
SL-1.3 eet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County
vailabilityl eels of homeless and emergency shelter Friends of the Family Safe Shelter to ccessibility of low-income persons nights of stay a year assist 3,512
people.
Suitable Living )Support at least 100 2) Provide funds to HOPE, Inc to
nvironment individuals/ families support a transitional housing
provided with program for an estimated 19 persons.
transitional housing a 3a) Provide 10 staff hours to support the year Denton County Homeless Count
Provide at least 100 conducted by the Denton County
hours of staff time in Homeless Coalition (DCHC).
support of at least 3 3b) Provide 60 staff hours to support the
projects for the Denton DCHC application for Continuum of County Homeless Care funds.
Coalition a year 3c) Provide 30 staff hours to support the
Support 250 individual/ DCHC application for Emergency
family units of case Shelter Grant Program Funds. management and other 4) Provide support to HOPE, Inc 30-90
services to maintain day program.
housing including
prevention of
foreclosure and eviction a year
SL-1.4 Oster and maintain an 1) Participate in at least 3 la) Participate in the Denton County
vailabilityl environment where coalitions and/or Homeless Coalition >n the effort to
ccessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness. Suitable Living and communities enjoy community initiatives lb)
Participate in the Success by Six
nvironment strong, supportive to foster and maintain Children's Coalition in an effort to
elationships an environment to improve the lives of children and
promote strong, their families.
supportive relationships 1 c) Participate in the Denton Information
Support at least 250 Network in the effort to network and individuals/ family increase collaboration between
units of childcare, after- health and human service agencies in
school and summer the City of Denton.
care, parenting skills, a) Provide funds to three daycares to
and adult education support the provision of childcare to assistance a year an estimated 415 families.
Support at least 200 b) Provide funds to after school/summer
units of domestic care programs and the provision of
violence and sexual childcare. assault direct services a) Provide support to Denton County
over a year Friends of the Family for the
provision of domestic violence and
sexual assault victim services
including counseling.
Page 24
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
(Continuation from ) Support at least 100 b) Provide support to Children's
revious strategy) units of domestic Advocacy Center for Denton County violence and sexual to provide sexual abuse/assault
otter and maintain an assault prevention services to children and non-
environment where education and training offending families members. families, neighborhoods, a year )Provide support to Denton County
and commumtles enjoy
strong, supportive Friends of the Family for the
elationships provision of community education and offender classes to prevent
domestic violence and sexual assault.
SL-1.5 City residents have 1) Support at least 75 1) Provide support the Family Health vailabilityl access to health care to units of health care Care and Peoples
Clinic for primary
ccessibility of e as physically and services a year health care and pre-natal services to
Suitable Living entally fit as possible a) Participate in at least 2 at least 6,495 persons.
nvironment coalitions/ a) Participate in the 100% Geriatric
collaborative efforts to Services in Denton County
improve availability of Workgroup in the effort to enrich and health care especially improve the lives of the elderly.
for low- income b) Participate in the Denton County
persons, elderly, and Federation of the Families effort to
people with disabilities support and promote advocacy skills b) Support at least 25 in families with children with severe
units of mental health emotional, behavioral, and mental
care services health needs.
INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES
SL-3.1 Street paving and aving and repaving projects of applicable this year. Sustainability of epaving, installation of ill support 700 people.
Suitable Living urb and gutter.
nvironment SL-3.2 nstallation of new Sidewalk proj ects will rovide funding for new sidewalks on North
Sustainability of idewalks and support 235 people. exas Boulevard, Malone Street, Eagle Drive
Suitable Living eplacement sidewalks. nd Hickory Street.
nvironment SL-3.3 nstallation of water and ater and sewer projects will of applicable this year.
Sustainability of ewer lines. support 120 people.
Suitable Living onnection of
nvironment esidential units to ervices.
SL-3.4 nstallation of drainage 10-15 properties will be of applicable this year.
Sustainability of 'mprovements including ffected by drainage Suitable Living 'mprovements that will 'mprovements.
nvironment emove residential
roperties from
oodplain. SL-3.5 ehabilitation and mprovement to at least 2 rovide funding for projects at the Denton
Sustainability of xpansion of public ublic service facilities. ity County Day School and Fairhaven
Suitable Living ervices facilities. etirement Home.
nvironment SL-3.6 mprove and/or expand mprovements to least 2 park of applicable this year.
Sustainability of ark facilities including acilities.
Suitable Living pen space, playground nvironment nd other recreational
acilities.
Page 25
Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan
Objective Plan Outcome Measures Proposed Activities
Strate
DEMOLITION STRATEGIES
SL-3.7 Continue to demolish o demolish 25 structures ontinued support for the Demolition
Sustainability substandard buildings to uring the five-year period. rogram with residual funds.
f Suitable improvement the wing appearance and safety of
nvironment eighborhoods
ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES
0-3.1 Support training and rovide economic rovide non-federal incentives to Sustainability expand training and pportunity by supporting rganizations to create
jobs. Work with job
f Economic employment activities ctivities that create j obs. raining organizations to promote training in
Opportunity argeted to poverty and specific areas of need.
erybw-income ouseholds.
0-l.l xpand educational rovide counseling and rovide funding to transitional housing
vailabilityl pportunities for those ducation services to 25-35 roviders. Request that information on ccessibility of seeking transitional ransitional housing clients.
ducational opportunities be provided to
conomic ousing or other housing Bents.
Opportunity support services.
0-1.2 ncourage support of ver the five-year period 25+ onitor federally funded projects and work vailabilityl Section 3 goals by local 'ndividuals hired for projects
ith contractors to ensure that Section 3
ccessibility of contractors. y private contractors. equirements are fulfilled.
conomic
Opportunity 0-2.1 ncourage start-up and rovide loan assistance to 25 of applicable this year. Additional funding
ffordability of expansion of icro businesses over the or the Small Business Loan Program is not
conomic icrolcottage industries ive-year period. vailable.
Opportunity supporting very low- incomehouseholds.
BARRIERS TO AFFORDABLE HOUSING STRATEGIES
H-1.6 Continue the following mprove accessibility and uarterly newsletter will be sent out to
vailabilitylAc activities: vailability of information on Bents, agencies, churches, neighborhood
cessibility of omeownership fair, ffordable units by providing ssociations, libraries, recreation centers and ecent Housing ewsletters, public wo homeownership fairs, any
others. Two public hearing will be
earings, fair housing uarterly newsletters, at least eld during the preparation of the annual
education, and joint public hearings annually. coon plan and one during the preparation of
activities with other he performance report. ousing providers.
H-2.9 On an annual basis, reate affordability in ontinue to request impact fee grants from
ffordability of equest approval and ousing through provision of he General Fund for housing non-profits for
ecent Housing funding for impact fee n average of three to five he construction of affordable housing. rants for producers of rants per year over the five-
affordable housing. ear period.
H-2.10 llocate funding to the reate affordability in Support for Denton Affordable Housing ffordability of on-profit and for-profit ousing through construction
orporation's Nevada Court and Oriole court
ecent Housing rganizations that are f a minimum of 75 roject, Habitat for Humanity New
developing affordable ffordable single-family and onstruction Program and the City's Infill
ousing. 100 affordable rental units ew Construction Program. ver the five-year period.
Page 26
2008 PROPOSED PROJECT MAP
With Minority Concentrated areas by Census Tracts
Minority
Concentration
b Census Tracts 0 - 25%
i +25% - 30%
+31 % - 40%
+41 % - 50%
+50% -
` ~ 100%
Source: U.S.2000 Census
2008 Projects and Activities
1. AIDS Services of North Texas 6. Family Health Care
2. Denton City County Day School 7. Denia Summer Program
3. North Texas Blvd & Hickory St. Sidewalks 8. MLK Summer Program
4. Fairhaven Retirement Home 9. Eagle Drive Sidewalks
5. Malone Street Sidewalks 10. Hickory Street Sidewalks
Community-Wide Activities
CDBG and HOME Administration
Denton Affordable Housing Corp. - AHOP
Home Improvement Program
Homebuyer Assistance Program
Minor Repair Program
HOPE, Inc.
Services Program for Aging Needs, Inc
Page 27
OTHER PROGRAM SPECIFIC REQUIREMENTS
HOME PROGRAM -FORMS OF INVESTMENT
The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable
Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide
subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME
subsidy will be $14,900. This amount includes all investment that enables the family to purchase
the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is
provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period.
According to the promissory note, the borrower agrees to occupy the property as his/her primary
residence for the term of the loan from the execution date of the promissory note and deed of trust.
The borrower must also agree to pay all mortgage payments, taxes and other assessments on the
property in a timely manner. In the event the borrower complies with the terms of the promissory
note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the
note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein
during the term of the loan. In the event that the borrower sells, leases or transfers the property, the
City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure,
the loan balance
will be repaid from the net proceeds. Net proceeds are defined by HCTD as the sale price less closing
costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan
balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds
at the time of sale. Recaptured funds from the either program will be used to assist other first-time
homebuyers.
Funding agreements and/or contracts with community housing development corporations and/or
subrecipients will include a requirement that the organization comply with HOME regulations in
regard to continued affordability of assisted units.
There are no other forms of investment that are not described in §92.205(b) by the City of Denton.
MONITORING STANDARDS AND PROCEDURES
The City of Denton will complete an annual comparison of the objectives stated in the 5-year
Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton
will consider making changes or updates to the 5-year Consolidated Plan.
The City of Denton provides CDBG, HOME and General funds to several non-profits agencies
and departments providing supportive services. The City's Human Services Coordinator
monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal
guidelines and
OMB circulars to ensure that they have access to pertinent information. Agencies are required to
provide quarterly beneficiary and financial reports. A year-end report is required to detail annual
expenditures, beneficiary information, funding sources and major accomplishments. Each year,
the Human Services Coordinator completes a risk analysis based on established criteria. On-site
Page 28
monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes
a review of client files, financial and accounting records, and procurement procedures.
Independent audits are also submitted and reviewed by the City staff.
A similar process is also followed to monitor the Denton Affordable Housing Corporation, a
certified CHDO. The City's Community Development Coordinator with the help of the
Community Development staff monitors the CHDO on a regular basis to ensure that the non-
profit ismeeting HOME regulations.
Programs and projects carried out by the City are monitored daily. Staff maintains checklists on
individual projects to ensure that all required procedures have been completed. The Housing
Rehabilitation Staff maintains records on all rehabilitation projects. The Community
Development Coordinator maintains records for the Homebuyer Assistance Program and the
Administrator maintains records on public infrastructure projects. The Administrator reviews
and certifies all applications prior to provision ofassistance. Ayear-end report that details
expenditures, revenue, beneficiary information and major accomplishments is also required from
all City programs and projects.
PUBLIC HOUSING IMPROVEMENTS
The City of Denton has no public housing units.
PUBLIC HOUSING RESIDENT INITIATIVES
The City of Denton has no public housing units. However, City staff will continue to work with
the Denton Housing Authority to promote the Homebuyers Assistance Program to those
currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has
been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies
were included in the Consolidated Plan.
INSTITUTIONAL STRUCTURE
The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure
that hinder effective housing and social services delivery. These gaps include the following with
the City's efforts to ameliorate these conditions during the coming year:
1. Need for more effective communication between housing organizations in the North Texas
area, including those serving the City of Denton. Housing organizations often compete for
resources when coordination and partnership efforts would be more effective.
Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. If funding is available, staff will participate in the North
Texas
Housing Coalition that includes larger metroplex communities such as Dallas and Fort
Worth. Form coalitions and collaborative relationships with NTHC members and other area
communities where appropriate.
Page 29
2. Need for more effective coordination between emergency assistance agencies.
Assist with the development of the Homeless Management Information System including
administration of the second year of athree-year Supportive Housing Program grant received
from US Department of Housing and Urban Development (HUD).
3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement
and lack of funding to complete projects. Contractor training along with additional funding
targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program.
Community Development housing staff will provide one-on-one training for local contractors
to assist them in becoming familiar with safe lead procedures. Staff will also inform
interested contractors if training on lead hazard control and safe work practices is available in
the area. Expend additional Lead Hazard Control Grant funds recently awarded in a
partnership with the City of Ft. Worth. Use area contractors for work funded through this
grant if possible.
4. Lack of shelter facilities for families and youth.
Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness.
Some additional emergency shelter facilities or alternative housing programs should be
available in Denton County within the ten-year plan period.
5. Need for service coordination and referral services that go beyond activities of HMIS,
including application intake, referral and coordinated case management.
Participate in an interdisciplinary initiative by the University of North Texas to create a
countywide information and referral network for community housing, health, and human
services. The City would participate if UNT leads this effort.
6. Lack of coordination of homebuyer/homeowner educational services needed to provide a
higher level of information.
Work with local agencies, lenders, realtors and universities to create a unified vision for
homeownership/homeowner workshops that will provide beneficial information so that
homeowners and homebuyer will be successful homeowners in the near future.
ADDRESSING THE CHRONIC HOMELESS
The Denton County Homeless developed the following steps during the 2005-2009 Consolidated
Plan process to address chronic homeless. These steps are reaffirmed during the 2008/09
program year.
The Denton County Homeless Coalition believes a structured and seamless collaborative system
of services and programs can move individuals experiencing chronic homelessness to sustainable
permanent supportive housing. This transition to sustainable permanent housing is the key to
ending chronic homelessness.
Page 30
The DCHC point-in-time homeless count taken in March 2004 (Denton County Homeless
Count) identified nineteen sheltered and no unsheltered chronic homeless. It is likely that there
were approximately forty-three chronic homeless that were not counted. These estimates were
created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults
among the homeless population as chronic homeless, to Denton's estimated number of homeless.
At this time DCHC is moving from a coalition philosophy to a community strategy to end
chronic homelessness. Since the coalition had difficulty finding examples often-year plans for
communities with similar demographics, the steering committee decided to take athree-step planning approach to building a community strategy to end chronic homelessness.
The first step was a small committee conducting research on strategies, stakeholders, goals, and
activities to promote appropriate services for the community and chronic homelessness. In the
fall of 2004, the small group completed their research and provided possible community
directions for review by the steering committee. The Steering Committee used the information
to move to the Step Two of the three step planning approach.
The second step is the identified community stakeholders and possible actions necessary to end
chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor
and
convene the community planning process. The DCHC is in the process of completing this step
of the three step planning approach.
The third step is to convene a large community meeting for all identified stakeholders to review,
modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC
expects the community plan to end-chronic homelessness will build from current programs and
services available.
The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and
transportation. These items present significant barriers in moving the chronic homeless from
experiencing homelessness to maintaining a stable environment.
HOME PROGRAM -MINORITY OUTREACH PROGRAM
To ensure employment and business opportunities for minority businesses the City of Denton
will continue to carry out and support the following activities during the program year.
1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce
refer building contractors to the Community Development office to apply to be added to the active contractors bid list.
2. Will request that general contractors on CDBG and HOME-funded capital projects give
preference to hiring minority or women subcontractors and employees as well as include this
wording in construction contracts.
3. City of Denton's legal advertisement for bids will include the equal employment statement
and encourage minority participation
Page 31
4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in
Denton informing them about the programs, the assistance and contracting opportunities that
are available.
5. City of Denton will continue to attend the Small Business Development Breakfast on a
monthly basis.
6. City of Denton will continue to comply with all State bidding requirements for Historically
Underutilized Businesses (HUB)
7. City staff will also perform debarment reviews to ensure that no previously debarred
contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local
cable channel in search for contractors and will encourage participation by minority
contractors.
Page 32
LOCAL GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,
as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(4) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace It will or will continue to provide adrug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace;
b. The grantee's policy ofmaintaining adrug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph l;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue tomaintain adrug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying To the best of the jurisdiction's knowledge and belief:
Page 33
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with
its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Authority ofJurisdiction The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPWA funds are consistent with the strategic plan.
Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 34
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following aPlan It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds It has complied with the following criteria:
Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums
or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community, and
other financial resources are not available);
Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2008, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate
income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any
fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property
with respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied bymoderate-income (not low-income) families, an assessment or
charge may be made against the property for public improvements financed by a source other
than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 35
Excessive Force It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged innon-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance to or exit
from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction;
Compliance With Anti-discrimination laws The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws It will comply with applicable laws.
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 36
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate Financial Assistance --before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will
not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable
housing;
SignaturelAuthorizedOfficia1 Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton Texas 76201
City/State/Zip
(940) 349-8307
Telephone Number
Page 37
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered
a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they maybe identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is
no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation,
State
employees in each local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph three).
8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address,
city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part 21.
Place Name Street Cit Count State Zi Community Development 601 E. Hickory, Denton Denton TX 76205
Division Suite B
Page 3 8
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules: "Controlled substance" means a
controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction"
means a
finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of any controlled
substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not
include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on the grantee's
payroll; or employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3.Anti-displacement and Relocation Plan
Signature/Authorized Official Date
George C. Campbell
Name
City Manager
Title
215 E. McKinney Street
Address
Denton, Texas 76201
City/State/Zip
(349) 349-8307
Telephone Number
Page 39
Spanish Public Hearing Notes
November 15, 2007
Martin Luther King Jr. Recreation Center
No attendees were present at the public hearing on November 15, 2007.
Public Hearing Notes
November 12, 20007
MLK Recreation Center
Attendees: David Sanders, SPAN; Nicolas Gray, SPAN; Jane Provo, Denton Affordable
Housing Corporation; Patrice Lyke, Panhandle Area Neighborhood Association; Andrea
Schreiber, Alma Clark, Wood Street; Ruby Cole, Lakey Street, Annie Mae Hare.
Barbara Ross provided information on projects completed during the past year and ongoing
programs/projects. She reviewed the eligible activities for both the Community Development
Block Grant (CDBG) and Home Investment Partnership (HOME) programs. It was noted that the
City would receive approximately $500,000 in HOME funds and $850,000 in CDBG funds.
Ms. Ross asked those present to provide their recommendations for use of these funds.
Patricia Lyke and Andrea Schreiber discussed the need for sidewalks that would allow school
children from the Owsley neighborhood to have a safe pedestrian route to Newton Razor
Elementary School. Ms. Lyke stated that the school district bus system no longer picks up
children from the Owsley neighborhood unless they are signed up to participate in the after-
schooltutoring program. She and Ms. Schreiber indicated that the residential area that includes
Linden, Cordell, Ector, Broadway, Sena, Malone and other streets is not pedestrian friendly and
is a danger to those in wheelchairs, those using infant stroller and residents walking for exercise
and/or enjoyment. Ms. Lyke provided a map to Ms. Ross indicating the streets that needed
sidewalks. It was noted that on some streets, sidewalks are present in some areas but then do not continue the entire length of the street. Both Ms. Lyke and Ms. Schreiber requested
that the area
residents be included in the decision regarding which areas are priorities for sidewalk
construction.
David Sanders from SPAN discussed how the agency has increased services to seniors by 25%
over the past few years. He noted that they have a waiting list for the "Meals on wheels"
program. Mr. Sanders stated that they would like to see an increase in local funding. They have
recently experienced a significant reduction in Federal and State funding. SPAN is attempting to
identify structures that they might be able to purchase or have donated that could be converted to
a kitchen. Meals could then be prepared locally and the meals service would be less expensive. SPAN currently feeds more than 1,000 seniors per month.
Page 40
Nicholas Gray, also from SPAN, stated that the transit system managed by SPAN is an economic
development tool. Through use of the transit system, SPAN brings workers in from other
communities and brings people to Denton that wish to shop and eat at local restaurants. He
stated that this activity could be funded based on its support of economic development in
Denton. Mr. Gray noted that a recent American Transit Association study stated that each dollar
spent on public transportation yielded a $4.00 return to the community.
Ruby Cole, SE Denton neighborhood resident stated that Duncan and Morse Streets were once
again in very poor condition and needed to be repaved.
Jane Provo of the Denton Affordable Housing Corporation stated the need for affordable housing
in Denton and the continued importance of funding for this activity.
Ms. Ross stated that a public hearing in Spanish would be held Thursday night at the MLK Jr.
Center at 6:30 pm. She also told those in attendance that additional comments could be made in
writing to the Community Development Division.
Prior to the opening of the public hearing, Annie Mae Hare stated that she would like to see a
traffic light installed at the corner of Wainwright and Prairie Street. She stated that it was a
dangerous intersection.
ACTION PLAN PUBLIC HEARING MINUTES
May 6, 2008
City Council Meeting
The following public comments were received at the May 6th public hearing:
Page 41
MINUTES FROM 30-DAY COMMENT PERIOD
April 7, 2008 through May 6, 2008
The following comments were received during the 30-day comment period on the 2008 Action
Plan for Housing and Community Development:
No comments were received during the 3 0-day comment period.
Page 42
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 13, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator
Eddie Touraine, chairperson, called the meeting to order. He asked members to review the
minutes from October 24, 2007. LaNelle Winn moved that the minutes be approved as
presented. Cathy Tedrick seconded the motion. The motion passed unanimously.
Jane Provo of the Denton Affordable Housing Corporation presented their request for funding.
She stated that any funds received would be spent to support the agency's Affordable Housing Opportunity Program (AHOP). Ms. Provo stated that the program had been successful.
Under
the program they purchase, renovate and sell existing homes to income-eligible families. The
program has slowed somewhat recently due to the problems in the mortgage industry. She added
that though the income level being served had crept up a bit, DAHC was still attempting to serve
low-income households that are at 50% or below the area median income. Ms. Provo stated that
DAHC was asking for $20,000 in operating costs and $144,000 for AHOP including some
proj ect-related costs.
Mr. Touraine asked if the loans provided for the purchases were standard or adjustable rate. Ms.
Provo explained that all buyers have to qualify for a mortgage loan and now they are more likely
to obtain an FHA loan with a fixed rate. DAHC has a recommended list of lenders and checks ratios to ensure that the buyers can afford the mortgage loan. Ms. Provo and the committee
members discussed the subprime mortgage market. Ms. Provo stated that this had not really
affected DAHC homebuyers.
Ray Jordan asked if DAHC was having some problems moving inventory. Ms. Provo stated that
they currently have five homes for sale but that they were probably going to sell two of them this
week.
Ms. Tedrick asked about the funding they currently have available. Herbert Holl asked about the
number of units in Denton and asked if this was a planned percentage. Ms. Provo explained that DAHC has some funding from last year and then all of this year's funding to support
the
program. She noted that although DAHC carried out AHOP throughout Denton County, City of
Denton funding is only spent to support projects within the Denton city limits. Members also
discussed the development of accessible units.
Page 43
Ms. Tedrick asked what the "professional fees" covered. Ms. Provo responded that this was
mostly the audit. Ms. Winn asked about a discrepancy in the budget numbers. Ms. Provo stated
she would take a look and send an explanation to the committee through Ms. Ross.
Ms. Ross informed the committee that staff had revised the Funding Summary Sheet. The
revision was due to an additional decrease in funding after the US Department of Housing and
Urban Development recalculated their formula grants. She also noted that staff was working
with Fred Moore Nursery School to take back the funding that was allocated in 2006 for
expansion of the facility. Ms. Ross stated that she had met with the Fred Moore Board of Directors and that they graciously agreed to give the funding back to the City so that
other
needed projects could be funded. The agency will probably come back in a year or two when
they are ready to carry out the expansion.
Alma Espino, program specialist for the Community Development Division, presented the City's
request for Home Improvement Program funding. She first indicated that there was a correction
on the application and instead of eight units, they planned to complete seven. Ms. Espino
provided a PowerPoint presentation showing the committee the houses that have been
reconstructed under the HIP. She stated that the homes constructed by the City for homeowners
are extremely energy efficient which helps with the affordability of the unit. Ms. Espino added that all homeowners go through a process where their income information is collected,
it is
determined whether or not they are eligible for the program. She went on to state that the
household's income is also reviewed to see if, AFTER the rehabilitation or reconstruction, that
the household can afford any increased taxes and the loan payment to the City. Owners are
required to attend an informational meeting where they learn about housing maintenance and
budgeting. Ms. Espino pointed out how the improvements to housing units in the older
neighborhoods encouraged other households to improve their units as well.
Mr. Touraine asked if there had been any problems with households making their payments.
Ms. Espino stated that staff keeps close track of the loan repayments. Staff will work with homeowners if they are having some financial difficulties to help them continue their
payments.
Ms. Winn asked if medical expenses were adversely affecting the homeowners. Ms. Espino said
that these costs are included in the application and reviewed to determine if the owner can afford
the loan and taxes. Mr. Holl asked about the program income and whether it included interest.
Members discussed the loan program and the amount of program income that comes in as a
result of the homeowner payments and payoffs. Ms. Espino noted that there are currently 60
active HIP loans.
Ms. Espino discussed the other funding sources that are used in the HIP. Nancy Baker, housing
programs manager, reiterated that utility costs for these units were significantly less than before
the rehab or reconstruction. Mr. Jordan commented on the increased tax payments that must result from the construction of the improved housing and how the program therefore increases
tax revenue.
Becky Guthrie, representing the Engineering Department, presented their requests, in order of
priority. All projects entailed the installation of sidewalks serving low and moderate-income
neighborhoods. Ms. Guthrie indicated that most of the projects were those brought up by
Page 44
citizens at the public hearing in November. Ms. Ross stated that she would forward the notes
from that hearing to the committee. The projects in the order of priority are as follows:
1) North Texas Boulevard - $21,505
2) Malone Street A - $38,000
3) Malone Street B - $72,406
4) Crescent Street A (Fulton to Alice) - $68,530
5) Crescent Street B (Alice to Carroll) - $64,470
6) Eagle Street - $123,282 7) Hickory Street - $117,144
8) Anderson Street - $48,540
Ms. Guthrie stated that the sidewalks on North Texas Blvd. would help students in the Owsley
area reach Rayzor Elementary, Calhoun Middle School and Denton High School. She noted that
this was part of the request they received from residents living in the area. Mr. Jordan added that
the primary users of that street are UNT students. He also added that UNT may be trying to
procure the blocks north of the University. Members discussed the public hearing where the
sidewalk projects were requested.
Ms. Guthrie then described the sidewalk proposal for Malone Street. Members discussed the use
of Malone Street to access area schools. Committee members and Ms. Guthrie discussed
whether sidewalks were needed on both sides of Malone. It was noted that both sides had
pedestrian traffic as indicated by the worn paths through the grass. Ms. Guthrie stated that the
proposed projects would provide a continuous sidewalk so that the children would not have to
cross Malone. There was also discussion of how to handle the Jagoe -Malone intersection.
The Crescent Street project was split into two sections. Ms. Guthrie stated that a lot of high
school students are using Crescent. They are proposing to put the sidewalk on the north side of
the street. Members discussed the positioning of the sidewalks and whether the pedestrians will use them. Ms. Benavides noted that there was not a pathway in the grass on the
north side of the
street. Ms. Guthrie agreed and stated that most people walk on the street since Crescent is so
wide.
Ms. Guthrie stated that the Eagle Sidewalk project is an extension of the previous project that
will expand the sidewalk all the way to Carroll Street. She noted that the Hickory Street project
would serve the households in apartments and the school children in the Owsley neighborhood.
Members discussed the difference in project costs between the Eagle and Hickory projects. Ms.
Guthrie noted that prices change based on drainage issues, trees, relocation of utilities, fire
hydrants, etc.
Mr. Holl asked about the priority order of the projects. Ms. Guthrie indicated that the first two
were based on the citizen requests at the public hearing and the rest were based on the
Engineering Department's priorities. Members discussed how priorities might be set. Ms.
Guthrie stated that all of the proposed projects meet the required benefit to low and moderate-
incomeneighborhoods. Staff looked at where the school children were walking to get to the
various campuses. Mr. Touraine asked if there would be a gap between the sidewalk and the
Page 45
street where grass might not be kept up by owners. Ms. Guthrie said normally the sidewalk
would not be directly adjacent to the street. She added that the gap would probably be a couple
of feet. Sandra Benavides asked about construction of the disability access ramps and why they
would need to be reconstructed. Ms. Guthrie indicated that in some instances the elevation
would change and a new ramp would have to be built. She added that they would use those
ramps currently in place if necessary.
Anderson Street was recently repaved using CDBG. There is a sidewalk on the street but it is
deteriorated. Ms. Guthrie noted that many children use this street to get to Calhoun Middle School.
Ms. Guthrie reviewed the status of previously funded projects. Members discussed the Crescent
Street sewer project and the fact that it would not be as extensive as previously though. Ms.
Ross noted that some funding would probably be available for reallocation.
Members discussed the timing of the projects and how soon they could be completed. Mr. Holl
asked about alternative funding that might be available for these projects based on City priorities.
Ms. Guthrie discussed the bond elections that would make funding available for sidewalk
projects. She responded that the projects presented to CDAC qualify as low-mod areas and that other needed sidewalk projects might not be in CDBG eligible areas.
Ms. Ross reminded members of the next meeting on February 20th. The meeting was adjourned.
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 20, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator
Eddie Touraine, chair, called the meeting to order at 11:3 0 am.
Eddie Garcia, interim executive director of Denton City County Day School introduced himself.
He noted that this Monday, the Board should make a decision on the ED position. He handed
out photos of the previous improvements made to the facility using CDBG funds. Mr. Garcia
stated that the building was built around 1958. He described the drainage problems. Mr. Garcia then discussed the needs in the playground area. He noted that the older children
needed a
separate play area from the younger children. Photographs of the kitchen area and the pavilion
show other improvements that DCCDS would like to make. He commented that the pavilion
would provide the children with protection from the heat and sun. Mr. Garcia stated how much
Page 46
the new CDBG-funded doors had improved the facility. He added that if they aren't provided
full funding, the drainage system was the priority.
Committee members had several questions regarding the request. Mr. Touraine asked about the
order of priority for the various improvements and the cost. Mr. Garcia stated the priorities are
as listed on page eight of the application. Ms. Winn asked about certification levels of teachers.
Mr. Garcia noted that currently they aren't required to be certified. If they were, the pay scale
would have to be higher and families would have to pay more for child care. He provided
information about his staff. Ms. Tedrick asked if the teachers had to have some type of continuing education. Mr. Garcia explained continuing education requirements for the teachers.
Ms. Tedrick asked how staff reacted to the camera proposal. Mr. Garcia noted that at first they
were concerned but, he has explained to them that it is for the protection of the teachers as well
as the students. Members discussed the security in the facility. Ms. Tedrick asked why the
drainage problem would not have been handled when the City allowed the adjacent properties to
be developed. Mr. Garcia indicated that he was unsure what regulations were in place at that
time. Mr. Jordan asked about asbestos in the ceiling tiles. Mr. Garcia stated that there was no
asbestos that he was aware of and they do have annual inspections. The inspectors have not
indicated the presence of asbestos. Ms. Winn asked about programs to improve parenting. Mr.
Garcia stated that they use classes from other organizations or the school district. He added that the new policy about background checks on volunteers, including volunteer parents
means that
they can't afford to use as many volunteers as in the past. They ask the volunteer to pay for the
cost of the background check. Ms. Winn asked questions about the flooding, the use of the
pavilion, A/C controls and if the facility was moving toward an energy star rating. Mr. Garcia
discussed these issues and how the facility is becoming more energy efficient. Ms. Tedrick had
some questions on the budget such as the use of the funds in the professional fees category. Mr.
Garcia stated that professional fees cover the audit and board insurance. Members discussed
new audit requirements. Mr. Garcia stated that he would look into the voided checks budget
issue and get back to the Committee.
Gordon Meredith, the City's residential construction specialist, gave a presentation on the City's
Minor Repair Program. He explained the importance of the MRP program and how it works,
providing project examples. He noted that if the homeowner's insurance covers the problem the
MRP could not be used. Mr. Meredith stated that staff requires bids from contractors in the
project-specific work area. Most projects are in the lowest income neighborhoods in the City.
Ms. Melby asked how people find out about the program. Mr. Meredith mentioned the article in
the paper, word of mouth, flyers that are handed out to homeowners.
Mr. Touraine asked for questions, comments from the committee. Ms. Tedrick asked whether
there was a waiting list for assistance. Mr. Meredith stated it is first-come, first-served and there
is currently no waiting list. Mr. Jordan asked about mobile vs. modular homes. Mr. Meredith stated that modular would be considered like a stick built single family housing.
Ms. Tedrick
asked about the need for the program. Ms. Baker stated that staff usually splits the funding up
and spends the same amount each quarter. This ensures that there is some funding in the summer
when air conditioning systems go out, etc. She and Mr. Meredith noted that the program has run
out of funding a couple of times. Mr. Meredith noted that as the economy slows, deferred
maintenance is more likely. It was noted that if a repair was below the deductible amount then it
Page 47
would be considered "not covered" by insurance and assistance could be provided. Ms. Watts
asked how long the program had been in existence. Mr. Meredith stated since 1996. Committee
members discussed the demographics of those assisted. Mr. Meredith agreed to provide
demographic information to the committee. Mr. Touraine asked about repeat customers. Ms.
Ross indicated that staff continues to have discussions regarding the number of minor repairs a
home owner should be eligible for and the ramifications of this to the Home Improvement
Program. Currently, homeowners are eligible for three minor repairs, one per year.
LeeAnn Hubanks, with Fairhaven Senior Housing, introduced herself and Molly Vogel the campus administrator. Ms. Hubanks explained their request for a new roof for the Fairhaven
senor housing facility. She described the energy-efficient roof that they planned to install. They
noted that they had talked with a vendor that had completed projects for the City of Denton. Ms.
Hubanks referred to the photo in the application and noted that the vendors stated that the front
portion of the roof is much worse than the back. She stated that if Fairhaven could only get a
portion of the funding, then they would need approximately 60% of the total requested.
Members discussed the issue of a contractor donating an extension of the warranty period.
Mr. Touraine asked why they didn't go with a composition roof with a 30-year warranty. Ms.
Hubanks stated that this would cost around $100,000. Mr. Holl asked was she reluctant to ask for the $100,000. Ms. Hubanks indicated that she knew that funding had been cut and
she was
attempting to ask for as little as possible. The committee members discussed the amount of
funding that is available for projects.
Ms. Ross asked how they verify income for their tenants. Ms. Hubanks stated that low income
seniors are verified through a 3rd party verification process. Staff completes an annual process to
get information on social security and employment income. The units are available to those 62
and over, Members discussed the method of assisting low-income seniors to get into units at
Fairhaven. Ms. Hubanks mentioned that they have worked with the Denton Housing Authority
to get seniors that have Section 8 vouchers into the Fairhaven units. Current occupancy is at about 58%. Ms. Melby commented that they appear to have some good partnerships going.
Ms. Winn asked for an explanation of the information on Attachment "A" as compared to the
annual budget. Ms. Hubanks stated that she would have to review the information and provide
an explanation to the committee. Ms. Tedrick asked that she correct the budget and resubmit the
information to Ms. Ross for the committee to review. Ms. Hubanks noted that there was an open
house on Friday and invited the committee members.
Members suggested that Ms. Hubanks be asked to provide a price for a composition roof with a
3 0-year warranty. Ms. Ross indicated that she would ask for that information.
Ms. Ross introduced LuisaRodnguez-Garcia, community development coordinator, as the staff
member that manages the City's Homebuyer Assistance Program (HAP). Ms. Rodriguez-Garcia
stated that she has been with the City for 15 years. Ms. Rodriguez-Garcia provided information
on how the program works and what costs are covered by HAP. She told the committee about
the different levels of assistance and that homebuyer classes are required. Ms. Rodriguez-Garcia
reviewed the information that is taught in these classes. It was noted that very few of those
Page 48
assisted under the City's program are going through foreclosure as compared to the high number
of those that participated in the subprime loan market. Ms. Rodriguez-Garcia discussed how
staff determines that a unit is affordable to the buyer and ensures that their income is sufficient to
continue paying the mortgage, taxes and other household expenses. It was noted that Federal
Home Loan Bank funds are requested and used to help subsidize the down payment and fees for
very low income buyers. Denton County Housing Finance Corporation funding has also been
awarded and is being used to help make repairs to units to make them affordable prior to
purchase. Ms. Rodriguez-Garcia provided an updated funding summary for the program
indicating that more funding would be expended than was expected when the application was initially submitted. She and Ms. Ross requested that the committee consider providing
additional funding to the program above the amount that was originally requested.
Mr. Touraine asked if these were first-time homebuyers. Ms. Rodriguez-Garcia stated that they
were either first-time homebuyers or someone that has not owned a home in the past three years.
She also noted that there are exceptions for individuals who had just divorced, or had other
special circumstances.
Ms. Watts asked about marketing. Ms. Rodriguez-Garcia mentioned the CD newsletter, realtors,
title companies and local lenders. Staff has also recently advertised the program in the Denton Connection. Ms. Rodriguez-Garcia added that if other agencies are putting together
pamphlets,
staff gives them program information to include. She stated that staff sometimes sets up booths
at festivals to provide information.
Mr. Touraine asked if the HAP assistance is given as a grant. Ms. Rodriguez-Garcia stated that it
is set up as a deferred forgivable loan. If the household continues to live in the unit for the
prescribed time period, then the loan is forgiven. If they move out before the end of the lien
period, some funding maybe owed back to the City.
Members discussed completion of the priority questionnaire. Ms. Ross stated that she would have the results ready for the committee by the Wednesday meeting or, if earlier, would
email
them out to the members. She added that she would also get the corrections from the applicants
out to the committee.
The meeting was adjourned.
Page 49
OFFICIAL MINUTE S
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
February 27, 2008
City Hall East Conference Room
Members Present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby,
Cathy Tedrick, Dorothy Watts, Eddie Touraine and LaNelle Winn
Staff Present: Barbara Ross, CD Administrator, LuisaRodnguez-Garcia, CD Coordinator
Eddie Touraine called the meeting to order. Herbert Holl made a motion to approve the minutes
from February 13th and February loth. LaNelle Winn seconded the motion. The motion was
approved unanimously.
To begin the discussion regarding which projects should be funded with Community
Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding, Mr. Touraine stated that it appeared from the ranking results that the committee
members all support the Minor Repair Program.
Mr. Touraine added that he still had some questions regarding Fairhaven's proposal. Ms. Ross
commented that Ms. Hubanks stated that there were three options for Fairhaven, the original
request for $69,000, the $116,000 request and the one recently emailed to members that entailed
installation of a composition roof for $222,000. Mr. Holl asked if the City had been satisfied
with the way in which the organization had previously spent their grant funding. Ms. Ross
reviewed the previous projects that had been funded for Fairhaven. She noted that the current
owner has only been in place for a short period of time so staff worked with a different organization for the earlier projects. Ms. Melby added that Ms. Hubanks has an excellent
reputation in the housing industry and commented about the type of situation Fairhaven was in
when Plano Community Homes took over.
Mr. Holl had a question about the Denton Affordable Housing Corporation (DAHC). He asked
the committee members if it was fair to say that DAHC received it the lower rating because of
the funding they currently have and have not yet expended. Member stated that this was correct.
Members discussed DAHC's use of funds and the requirement that 15% of a city's HOME
allocation go to fund a Community Housing Development Organization (CHDO). DAHC is the
only certified CHDO currently serving the City of Denton.
Ms.Winn asked about the difference on Fairhaven's budget form between the income and
expenditures. It appeared that the income was not sufficient meet expenditures. Ms. Winn also
asked if they could designate what sidewalks would be completed. Mr. Touraine stated that the
committee can recommend to Council what sidewalks should be completed with CDBG. Ms.
Winn felt that the sidewalks on North Texas Blvd. should not be included in the
recommendations. Ms. Tedrick explained why it would be helpful to have sidewalks in that area.
Page 50
Ms. Ross reminded the committee members that Gene Holloway, Denton ISD Transportation
director, had informed her that there were 227 public school students living in the Owsley
neighborhood. Most are elementary school age.
Mr. Touraine stated that he would like to recommend awarding $78,680, the 15% CHDO
setaside, to DAHC. He then asked the committee what they should do with the $432,101 left in
HOME funds. Mr. Aldridge suggested that they include operations funding for DAHC in the
recommendations. He added that this appeared to be their greatest need. Mr. Aldridge made a
motion to recommend awarding $78,680 to DAHC with $20,000 set aside for operating costs. Mr. Holl seconded the motion. The motion passed unanimously.
Mr. Aldridge made a motion that Denton City County Day School, the Minor Repair Program
and the Home Improvement Program be funded at the requested amounts. Ms. Tedrick asked if
the $195,000 from Fred Moore was included in the funding to be allocated. Ms. Ross indicated
that it was included. Ms. Melby seconded the motion. The motion was approved unanimously.
Ms. Rodriguez-Garcia explained the amount of funding available under each grant after these
allocations were taken out. Members discussed giving the Homebuyer Assistance Program full
funding. Mr. Jordan asked why the amount on the revised form was higher than the original
request. Ms. Rodriguez-Garcia reminded the members about her presentation that included some recent home purchasing activity that was unexpected. More funding has been spent so
far in the
first quarter than was expected. Mr. Touraine made a motion to fund the Homebuyer Assistance
Program at the requested amount of $113,000. Mr. Aldridge seconded the motion. Eight
committee members voted in favor of the motion. One voted against. The motion was
approved.
Members continued to discuss the Fairhaven roof replacement project. Ms. Tedrick suggested
that Fairhaven have someone other than a contractor, take a look at the roof and write up what
needs to be done and possibly give a cost estimate. Mr. Holl asked about the contractors market
these days, how busy they are, how much materials cost and whether Fairhaven could get a good bid. Ms. Tedrick stated that costs are low right now. Members discussed the bidding
process
and whether the committee has any control over the type of roof that is installed. Ms. Ross
suggested that the committee might not want to get involved in that issue. She added that staff
would monitor the project and ensure that the roof is built to City codes prior to making any
reimbursements. Mr. Jordan discussed the various options and stated that in all cases, Fairhaven
would be getting a roof with a warranty for a certain number of years. Mr. Holl made a motion
to recommend that Fairhaven be awarded $116,000 for construction of a new roof. Ms.
Benavides seconded the motion. The motion was approved unanimously.
Members discussed the sidewalks. They initially looked at the first four projects. Mr. Jordan
discussed the funding that is tied to the need for safe access for the children living in the Owsley Addition. He indicated that Anderson Street should be a lower priority because
it is replacement
of existing sidewalks. Ms. Winn objected to the funding of sidewalks on North Texas Blvd. due
to the possibility of UNT taking over the Owsley Addition property in the next few years. Mr.
Holl indicated that he felt Eagle was more important than the Crescent Street sidewalks. Other
members agreed. Members asked about the cost of completing all proposed projects except
Anderson and Crescent. Ms. Rodriguez-Garcia stated that it would cost $372,463 to complete
Page 51
the projects. Mr. Aldridge made a motion to recommend funding of all the sidewalk project
requests except, Anderson and Crescent. Ms. Benavides seconded the motion. The motion
passed unanimously.
Ms. Rodriguez-Garcia indicated that there was approximately $80,000 left to be allocated. Ms.
Ross indicated that the City's housing programs would be able to spend any additional funding if
it were allocated. Ms. Winn stated that she would rather see the funding go to the Minor Repair
Program rather than to homebuyer assistance. Mr. Aldridge made a motion to recommend that
the remaining CDBG funding be allocated to the Minor Repair Program. Ms. Tedrick seconded the motion. Mr. Holl asked if additional funding might be needed for the sidewalk projects
if
they are not completed in the next year. Ms. Ross said that is possible. She added that not all of
the sidewalk projects would be completed in the next program year so construction costs might
go up. However, she added, in the past, if additional funding was needed, City staff was able to
find additional funds so that the project could be completed.
Ms. Watts asked if the committee could fund DAHC at more than the 15% set aside. Mr. Holl
asked if just providing the $78,000 was going to cause a bump in their funding and operations in
the future. Ms. Ross said she couldn't say for sure, but did not think it would be a problem. Ms.
Benavides stated that support for the Homebuyer Assistance Program would help low-income people. Ms. Winn stated that she felt the Home Improvement Program was more important and
helped people stay in their existing homes and not have to move to a nursing facility. Mr. Holl
suggested splitting it between the two programs. Ms. Watts asked if the funding was for the
purchase of rental properties. Ms. Ross indicated it was only for owner-occupied units. Ms.
Tedrick said the funds help people move from being renters to homeownership. Mr. Aldridge
made a motion to recommend that the balance of the HOME funding be allocated to the
Homebuyer Assistance Program. Ms. Benavides seconded the motion. The motion was
approved unanimously.
Ms. Rodriguez-Garcia passed out a chart with the committee's recommendations (attached). Mr. Aldridge move to approve recommending to Council the budget as presented. Ms. Winn
noted
that the date should be corrected and seconded the motion. The motion passed unanimously.
Mr. Touraine asked Ms. Ross to present the agenda item regarding the proposed change to the
Impact Fee Incentive Grant Program. Ms. Ross stated that for the past few years, the City has
provided $10,000 in funding for the Impact Fee program. This funding is provided to non-profit
housing organizations to help with the costs associated with mandated impact fees. Ms. Ross
stated that the impact fees associated with construction of a single family unit are now around
$5,000 per unit. Ms. Ross asked the committee to recommend a change in the program
guidelines to provide no more than $2,500 per unit in impact fee grant funds to the non-profit
organizations. This would ensure that at least four units could be assisted with the City's
funding.
Mr. Aldridge made a motion to recommend this change to the Impact Fee Incentive Grant
Program guidelines. Ms. Tedrick seconded the motion. The motion was approved unanimously.
Ms. Ross stated that she would send out an email letting the CDAC members know when the
public hearing on the 2008 Action Plan would be held.
The meeting was adjourned.
Page 52
RECOMMENDATION REVISIONS
After the Community Development Advisory Committee (CDAC) approved their final
recommendations on February 27th, the US Department of Housing and Urban Development
notified the City of Denton of a correction in the allocations that increased the City's HOME
program funding by $26.00. Community Development staff also corrected a calculation error
leaving an additional $1,819 in CDBG funds to be allocated. The final recommendations chart
includes the allocation of these funds. Funding of $1,841 was split between the City's Home Improvement Program and the Homebuyer Assistance Program. Four dollars was added to
the
Denton Affordable Housing Corporation award due to the 15% CHDO set aside requirement.
The allocation of the additional funding is a Communit. D~pment staff recommendation.
CDAC members gave informal approval via email that they agreed with the staff
recommendation.
Page 53
OFFICIAL MINUTE S
HUMAN SERVICE ADVISORY COMMITTEE MEETING
October 10, 2007
Members Present: Harriet Aronson, Kami Fletcher, Jan Hillman, Mari Metzgar, Steve Pogue,
Geri Sams, and Vanessa Sims
Members Absent: Everette Newland, Dr. Richard Stream, and Jodi Vicars-Nance
Staff Present: Rachel Ingram, Barbara Ross
New members Mari Metzgar and Vanessa Sims arrived by 5 p.m. to take the Open Government-
Open Meetings mandatory training.
Chair Jan Hillman called the meeting to order at 6:10 p.m. The meeting began with
introductions of present committee members and Community Development staff. Rachel
Ingram, Human Services Coordinator, noted all HSAC members had taken their oaths and could
vote if any agenda items were introduced for vote.
Members discussed the best meeting days and times for future meetings. It was determined that
Wednesday evenings seemed best for most members.
Ms. Ingram presented a handout with the human services process timeline. Ms. Ingram explained
the timeline was needed to allow for the City's Action Plan (CDBG application) to be submitted timely to the Department of Housing and Urban Development (HUD) and for public hearings
to
take place prior to the submission. Ms. Ingram explained the human services timeline was
expedited to allow staff time to plan for the Emergency Shelter Grant Application (ESGP)
tentatively due January 10, 2008. Staff requested the human services application be due Friday,
January 18, 2007.
Barbara Ross, Community Development Administrator, mentioned the CAPER, the performance
report for client assisted with CDBG funds, would be available in the next few weeks and could
be viewed on the City of Denton, Community Development website. HSAC members will be
notified when the report is available. Staff responded to committee questions regarding how
community agencies are notified of the availability of human services funds and the status of City Council's approval of last year's HSAC recommendations. Ms. Ingram stated the
application is made available via the City's website and e-mail. The Community Development
division publishes a quarterly newsletter that includes the application release date in addition to
purchasing an advertisement in the Denton Record Chronicle. Staff noted City Council approved
the HSAC recommendations from last year as presented.
Staff discussed the internal HSAC procedures and the need to approve a current version of
procedures. The most recent procedures are several years old. Staff requested members review
handouts and vote to approve procedures at the next meeting.
Page 54
The committee elected to postpone elections for Chair and Vice-Chair since several members
were not present to voice their intents.
Ms. Ingram provided a draft copy of the 2008 Human Services Application for committee
review. The committee will be e-mailed a draft and will vote to approve the application and the
application assessment tool at the next meeting. The committee will determine if late and
incomplete applications will be accepted at the next meeting.
Ms. Ingram announced another opportunity for committee members to volunteer to serve on the Peer Review Committee for the Denton County Homeless Coalition (DCHC). The Peer Review
Committee will serve a similar function as the HSAC but will be making recommendations for
Coalition's applicants for the State of Texas Emergency Shelter Grant Program. The
Community Development division administers the grant and helps compile the information for
the grant. More information will be provided at the next HSAC meeting.
Ms. Ingram reviewed the agenda items for the next meeting. The committee suggested a
deadline for response to staff regarding suggestions about the application draft and internal
procedures. Staff requested feedback be submitted by close of business on Thursday, November
1, 2007.
Meeting was adjourned at 7: 10 p.m.
Page 55
OFFICIAL MINUTE S
HUMAN SERVICE ADVISORY COMMITTEE MEETING
November 14, 2007
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Everette Newland, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-Nance
Members Absent: Steve Pogue
Staff Present: Rachel Ingram, Barbara Ross
Rachel Ingram introduced new HSAC member Lorn Bortnem and asked the members to
introduce themselves and state how long they had participated on the committee. The members introduced themselves.
Jan Hillman called the meeting to order. She asked for volunteers or nominees for chair and vice
chair. Vanessa Simms nominated Jan Hillman as chair. Lorn Bortnem seconded the motion.
Ms. Hillman was elected chair by acclamation.
Geri Sams nominated Jodi Vicars-Nance as Vice Chair. Everett Newland seconded the motion.
Ms. Vicars-Nance was elected by acclamation.
Ms. Hillman asked for comments or corrections on the minutes of 10/10/07. Dalton Gregory made a motion to approve the minutes as written. Geri Sams seconded the motion. The motion
was approved unanimously.
Members discussed the Human Services Advisory Committee (HSAC) procedures. Ms. Hillman
asked if the members approved of the five minute presentation requirement for requesting
agencies. Members discussed the length of time needed for agency presentations on their
applications for funding. Kami Fletcher indicated that she thought that in past years, most
agencies took more than five minutes for their presentations. Ms. Vicars-Nance stated that she
did not feel the agencies needed more time due to the fact that most have been funded in the past
and the committee is knowledgeable about their services.
Ms. Ingram asked if the committee would accept late applications. Ms. Sams stated that if the
agency wanted funding, they should be able to submit an application on time. Mr. Bortnem
agreed. Ms. Ingram noted that she provides training to all organizations that plan to request
funding and emphasizes the application due date to those attending. Richard Stream asked if
potential applicants are informed at the training that HSAC members read the applications prior
to agency presentations and that when they speak before the committee they should provide new
or additional information not included in the application. Ms. Ingram stated that she would
include that comment in the training. Mari Metzgar asked how long the training sessions are.
Ms. Ingram indicated that they are generally about 90 minutes.
Page 56
Ms. Ingram reviewed the funding spreadsheet that included a history of CDBG and general fund
allocations for human services. She explained that not more than 15% of the annual CDBG
allocation could be used for human services. Ms. Metzgar asked what time period the fiscal year
covered. Ms. Ingram responded that contracts are from October through September. The
committee is now discussing funding that would be awarded for October 2008 through
September 2009. Mr. Gregory noted that CDBG does not appear to fluctuate as much as general
funds. He asked if staff had clues as to the general fund amount that would be available. Ms.
Ross indicated that it was up to the committee to make that recommendation. However, she
added that in 2005, City Council looked at the practices of other communities and noted that Plano used a one dollar per capita amount to determine human services funding. Council
felt
this was a good method and adopted it at that time. Last year's general fund budget amount was
$106,000.
Ms. Ingram asked for feedback on the application assessment tool. She explained to members
how to use the tool. She added that she would put the results on a chart and have those available
on a screen that all members could view as they discussed the funding allocations. Ms. Fletcher
asked about including more room for comments. Members discussed the need to view
comments from all members. It was agreed that the tool would be revised to include space for
comments. Ms. Sams commented about the fact that there were only two criteria listed on the assessment tool. Ms. Ingram indicated that HSAC would probably not want to fund
organizations that did not have positive responses in both areas.
Members discussed whether agencies should be allowed to provide additional documentation to
HSAC before or during their presentation to the committee. It was noted by Mr. Dalton that the
handouts were sometimes helpful but that they did not often sway opinion. The application
appears to have everything necessary to make a decision. Ms. Vicars-Nance stated that it gives
the organizations an additional opportunity to share information. Mr. Newland stated that in
some instances it takes up time and might affect the information HSAC needs to focus on.
Members voted to allow the organizations 15 minutes to make their presentations and that they may leave handouts to be picked up by the committee at the end of the meeting. It
was also
agreed that no more than two presenters could attend the hearing. This information would be
given to the organizations during their mandatory training sessions.
Ms. Ingram stated that there was no feedback from committee members to her email forwarding
a copy of the revised application. Ms. Hillman asked if they should require a recent audit. Ms.
Ingram and Ms. Ross stated that the agencies should have an audit competed each year and that
this should be submitted with their application.
Members set meeting dates for the hearings on February 7th and 21st
The meeting was adjourned.
Page 57
OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 7, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Steve Pogue, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-Nance
Members Absent: Everette Newland
Staff Present: Rachel Ingram, Barbara Ross
Ms. Hillman asked Rachel Ingram to make her announcements. Ms. Ingram asked if there are
any changes to the minutes of November 14, 2007. Ms. Ingram explained to the committee how the various applicants would make their presentations. The presenters have five minutes
and
then the committee has five minutes for questions.
Gregory Dalton moved the minutes be approved as written. Vanessa Sims seconded the motion.
The motion was approved unanimously.
SPECIAL PROGRAMS FOR AGING NEEDS (SPAN)
David Sanders, Director of Senior Services for SPAN was the first presenter. He described the
food service provided by SPAN. He noted that he was also a doctorate student at the UNT
School of Gerontology. Mr. Sanders stated that older people continue to move into the Denton area. He tied this to the growth in SPAN's programs. It was noted that a lot of the
seniors
served by SPAN are low income. Mr. Sanders provided some examples of residents that are
assisted by SPAN not only with the food services but by just being there to provide some social
interaction.
Ms. Sams asked about SPAN's employment history, specifically their recent loss of employees
and how they can continue to increase services with less staff. Mr. Sanders explained that he has
reassigned staff and redesigned their job functions to get more done. Site managers are also used
as case managers. Mr. Bortnem asked about assessments. Mr. Sanders stated that clients must
be interviewed every year to see what activities they can still complete. The number of clients
served was also discussed. Dr. Stream asked why there was no information on the number of Hispanic served. Mr. Sanders indicated that counting in terms of individuals does not
require
that they note the ethnicity. Ms. Sims asked how to get a senior that is very proud to participate
in the program. Mr. Sanders indicated that SPAN arranges for transportation to participate in the
congregate meals program. Often the senior can help serve and this gives them a reason to
participate. Mr. Gregory asked about the term "successful aging." Mr. Sanders indicated that it
has to do with being able to continue interaction and being active in the community.
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
Diana Corona, Executive Director of RSVP for the past eleven years made the presentation for
RSVP. Also present was Judy Smith, Program Coordinator for the northern area, which includes
Page 58
Denton. Ms. Corona reviewed some of the activities carried out by the RSVP volunteers. They
are providing education about the West Nile virus. Rockin' Readers is a program where
volunteers help children in pre-kindergarten, kindergarten and first grade with their reading
skills. Other programs were highlighted. Volunteers help other organizations to build capacity.
The funding request is for $10,000. Ms. Corona noted that the HSAC knows the importance
these programs have in the community.
Ms. Fletcher asked how the funds would be used. Ms. Corona stated that the funds would assist
in paying the costs associated with Ms. Smith's position. Dr. Stream asked if there are any other reading programs. Ms. Corona responded that there are other programs but there
is also plenty
of need for this type of program.
HOPE, INC., HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
Barbara Atkins, Executive Director of HOPE, Inc. provided the presentation on the Denton
County Homeless Management Information System (HMIS). She explained that it was a data
collection system and thanked the City staff for assisting with the grant. Communities must
participate in an HMIS in order to receive federal funds for homeless assistance activities. Ms.
Atkins noted that they are about to receive more than $500,000 to continue the HMIS
development. The data helps with reports that are required by the US Department of Housing & Urban Development and the State. She added that they are working toward sharing information
electronically between organizations. Ms. Atkins stated that the request is once again for
$18,000 to provide match for the federal HMIS funding.
Mr. Gregory asked if this is an every year thing. Ms. Atkins stated that she was unsure regarding
how long the match requirement would be included in the grant program. Ms. Sams asked what
kind of a percentage increase in homelessness we have had in Denton. Ms. Atkins stated that the
Homeless Coalition is not doing a "point in time" survey until next year. Ms. Sims asked if
there is a system in place to count youth who are homeless. Ms. Atkins stated that this is not
consistently done. Mr. Gregory asked about kids at school that one day may be homeless and asked if the DISD's homeless coordinator was participating. Ms. Atkins said that they
did
receive some information from the District's representative.
HOPE, INC., TRANSITIONAL HOUSING
HOPE is moving into their 15th year of providing transitional housing. Ms. Atkins stated that
they are focusing on prevention. Most of the families they assist do work but have a severe
housing cost burden. HOPE works with approximately five families at a time. They have low-
costhousing available from Denton Affordable Housing Corporation. Ms. Atkins stated that
HOPE uses the below market rents to allow families to continue to live in an affordable unit after
they are off transitional housing assistance. Ms. Atkins stated that HOPE is asking for $25,000
and that there is a great need for the transitional housing program.
Ms. Fletcher asked about the link regarding the 30 to 90 day program and transitional housing
program. Ms. Atkins stated that the 3 0 to 90-day program is due to State program requirements
and that families cannot access the assistance again for a specific period of time. Ms. Atkins
explained the process and the State requirement regarding how soon a family could receive
additional assistance. Ms. Sims asks what the program priority was. Ms. Atkins said the priority
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is people who are about to become homeless. Ms. Hillman asked where the emergency money
comes from. Ms. Atkins stated that it came from FEMA based on a formula allocation. Ms.
Sams asked if the economic downturn is causing more families to come to HOPE for assistance.
Ms. Atkins said she thought they were seeing some fallout from that. Dr. Stream asked if we are
more conscious of homelessness now than in the past. Ms. Atkins discussed the increased costs
of living but noted that there was often not a corresponding increase in salary or benefits for
families. She has also noticed a significant increase in homeless people with mental health
problems. Mr. Gregory commented about some recent statistics indicating that many living costs
had gone down, but housing has gone up significantly and is a major issue for many families. Ms. Fletcher talked about the same issues in Virginia.
FRED MOORS DAY NURSERY SCHOOL
Laura Williams introduced herself and noted that this was her 6th year as director. She stated that
Fred Moore is working on fiscal responsibility and service to the families. Ms. Williams noted
that these families would not be served if Fred Moore were not providing services. City funds
are used for teacher salaries. They are trying to increase salaries to compare to what other,
similar schools are providing.
Ms. Sims asked about the funding request. Ms. Williams stated they are asking for $35,000, the same amount as requested last year. Ms. Fletcher asked if Spanish was the first
language for
most of the children and if so, how many bilingual teachers they have at the day care. Ms.
Williams stated that they have one bilingual person at the day care and are trying to recruit more.
Ms. Sams asks about the audit problems and how things are financially. Ms. Metzgar stated that
she also had a concern. Ms. Williams noted that they now have a board treasurer that knows a
lot about financial requirements and has been very helpful. They have hired a CPA to do their
bookkeeping. Ms. Vicars-Nance asked if the same findings would be in the 2006 audit, when it
is completed. Ms. Williams said they would not be in the next audit. Ms. Vicars-Nance asked
about payroll taxes that were not being paid. Ms. Williams stated that there is a payment plan
with the IRS and that they are requesting some emergency grants from various organizations to help with the payments. Members asked how the error was made. Ms. Williams explained
that
the accountant did not complete the paperwork correctly but that she and the board treasurer did
not realize that the payments were not being made. Ms. Metzgar asked how long it will take to
repay if they don't get the emergency grants. Ms. Williams stated that it may take several years.
The amount to be repaid is approximately $91,000. Ms. Williams stated that they have raised
their tuition by $10 per child to increase income. Ms. Metzgar asked if fund raising information
will include what the funds will be used for. Ms. Williams indicated that the organizations
would understand what the funding would be used for. Ms. Fletcher asked if there is a financial
plan in place to pay off the funding in a certain period of time. Ms. Williams indicated that they
have a plan to pay back the payroll taxes. Mr. Gregory asked about the substantial increase in
professional membership fees. Ms. Williams noted that this is for the audits. He also asked about facility maintenance. She stated that some is done by volunteers as parents
are required to
give twelve hours of community service. Ms. Ross noted that approximately $300,000 in City of
Denton CDBG had been used in the past for improvements and/or rehabilitation of the facility.
Ms. Metzgar asked in what line item is the payroll tax repayment. Ms. Williams stated that it
was not included on the budget in the application but on the organizational budget.
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DENTON CITY COUNTY DAY SCHOOL
Eddie Garcia, Interim Director of City County Day School, introduced himself. He pointed out
that he had been a volunteer at the school for several years. He also noted that his child attended
City County and had a wonderful experience. Mr. Garcia noted how the school gave his son a
new environment and that it changed him from shy to more outgoing. Mr. Garcia stated that it
is expensive to run anon-profit day care. They now have to fingerprint volunteers and this costs
$50. They are asking the volunteers to pay this cost. To keep rates low, they depend on human
services funding.
Ms. Vicars-Nance asked about the organization's compliance history. Mr. Garcia stated there
were no deficiencies in their State reviews. The State comes in once every ten to twelve months
but they are also reviewed every other month Child Care Services. Ms. Fletcher asked if the
$36,000 was for new teachers. Mr. Garcia stated that it would help pay the salaries of two
current teachers. Ms. Sams asked about the number of children served going down. Mr. Garcia
stated that the numbers go up in the summer because of the special programs. Ms. Vicars-
Nancetold the committee that there is a website that gives information on child care facilities,
their deficiencies, and etc. The website is httpa/www.txchildcaresearch.org.
FAMILY HEALTH CARE, INC.
Patrice Cagan, Executive Director of Family Health Care, introduced herself. She stated that
Family Health Care is getting 25 calls a week for prenatal care. Most physicians won't see these
patients after their pregnancy has progressed past a certain point. If the clinic begins serving
them only after the 35-week mark, they have to see them weekly. This would mean that the
clinic cannot serve as many women. These women have no place to go. Ms. Cagan stated that
they're trying to give prenatal care until the mother can get on Medicaid. She noted that she's
cut deals with labs to get better prices on tests. They are currently serving 115 women with the
grants they receive. She noted that there are high risk cases that physicians will not see. Ms.
Cagan stated that they are seeing patients from Collin and Cook Counties as well as Denton residents.
Ms. Metzgar asked if they get funding from some of the other communities. Ms. Cagan stated
that if a patient is not from Denton then they must pay for the service. Ms. Fletcher reviewed
why the patients are not able to get on Medicaid soon enough to be served by a doctor. Ms.
Cagan stated that she warned the hospitals that they would be seeing more women coming in
who have not had prenatal care. She noted in particular the unhealthy children that would be in
need of care if the mother has diabetes or other conditions for which she was not treated during
the pregnancy.
DENTON COUNTY FRIENDS OF THE FAMILY Toni Johnson-Simpson introduced herself as the Executive of Director of Denton County Friends
of the Family. She stated that the funds that they are requesting is for two staff positions; the
director of the shelter and a play therapist. She stated that they have been able to add programs
to help the clients. It was noted that there is a transitional housing program, and an advocacy
outreach program.
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Mr. Pogue asked about the audit findings. Ms. Johnson-Simpson stated that they have addressed
it. She added that there was a staff person who was not reconciling expenditures. Mr. Bortnem
asked about the length of time they provide services to the clients. Ms. Johnson-Simpson stated
it was flexible, sometimes just a month and sometime a year. It was noted that they work closely
with HOPE and other local service organizations. Dr. Stream asked if any men were in the
program. Ms. Johnson-Simpson stated that occasionally they do come in. Ms. Sams asked about
the shelter. Ms. Johnson-Simpson stated that they are currently expanding the shelter by using
the renovated garage for offices, counseling spaces and renovating the old offices into additional
bedrooms.
COMMUNITY FOOD CENTER
Ed Ellis, the treasurer for the Board of the Community Food Center introduced himself and Tom
Newell the Chairman of the Board. Mr. Ellis discussed how long the organization has been
providing services. They have been providing services since 1974 and all the workers are
volunteers. There are no paid employees. He noted that they started out asking the City to pay
the utility bills for the facility. All other money is used for food. Mr. Newell stated that they are
requesting $4,000 to help offset the utility costs. He noted that they don't have to pay rent due to
an agreement with the Denton Housing Authority. Mr. Newell stated that 31,000 pounds of
food went out the door last year. They have also provided some books for clients. Another outreach program is helping clients fill out paperwork for food stamps.
Mr. Pogue asked if the utilities have gone up. Mr. Ellis stated that year before last their request
was for $3,000. Last year, they went up to $4,000 and that seems to be enough.
SENIOR HOUSING - FAIRHAVEN RETIREMENT HOME
Lee Ann Hubanks and Molly Vogel of Plano Community Homes/Fairhaven introduced
themselves. Ms. Hubanks stated that they are asking for funding for their service coordinator
position. The person in this position helps the residents get the services they need. The Service
Coordinator has put together a training program instructing other staff regarding the purpose of the service coordinator. Without City funding they will only have the coordinator
part-time.
Ms. Sams asked about their financial stability. Ms. Hubanks stated that they've worked on the
structure quite a bit this past year and now they have additional units that they can rent. Anew
emergency call system is being installed. An open house will be held February 22nd to help
market to new residents. Ms. Hubanks mentioned that they were also working with the Denton
Housing Authority to get new tenants with Section 8 vouchers. Ms. Fletcher asked if they didn't
receive the full amount would it still go to that position. Ms. Hubanks stated that it would. Ms.
Sims asked who is being served and why it was not a more diverse population. Ms. Hubanks
stated that though this facility is not that diverse, most of their facilities are very diverse. She
added that the marketing plan will attempt to improve the diversity of the facility. They have had the facility for about a year. Mr. Gregory asked if they had added any individuals
from the
Denton area on the board. It was noted that they have added two board members from the
Denton area.
The meeting was adjourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING
February 21, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Jan Hillman, Mari Metzgar,
Everette Newland, Steve Pogue, Geri Sams, Vanessa Sims, Dr. Richard Stream, and Jodi Vicars-
Nance
Members Absent: Kami Fletcher
Staff Present: Rachel Ingram, Barbara Ross
Chair Jan Hillman called the meeting to order at 6:00 pm.
Members discussed when to schedule the next meeting. Ms. Hillman stated that she would like
to have at least a week to review the material. Members agreed to meet on March 6th at 6:00 pm
to develop recommendations for City Council. Dr. Stream asked about the funding amounts to
be allocated. Members discussed completing the evaluation form and returning it to Rachel
Ingram. It was noted that there is $131,398 available in CDBG funds. Ms. Metzgar asked if the
general fund amount available was based on the one dollar per capita rule. Ms. Ross and Ms.
Ingram stated that this had been a previous policy stated by the Council. It was noted that HSAC
has discretion in regard to their recommendations.
Ms. Ingram stated that the public hearing and the presentation of the committee's
recommendations is usually in mid-to-late April and noted that everyone is welcome to attend.
After the presentation, a public hearing will be held to gain public input. Ms. Ingram pointed out
that usually some service agency personnel speak during the hearing.
DENTON CHRISTIAN PRESCHOOL
Judith Royal and Kate Wolf, director and assistant director of Denton Christian Preschool,
introduced themselves. Ms. Royal described the services provided by the facility. She noted that
they hoped to open a sixth classroom that would serve 13 more students. Ms. Wolf stated that
they also do assessments of the children and work with the Ann Windle School to better prepare
them for entry into the public schools. It was noted that through the preschool, children are able to see doctors and dentists. Their strategic plan includes ensuring that they
have sufficient pay
for their teachers so they can continue to have quality staff.
Dalton Gregory asked about the new diagnostic tool. Ms. Royal explained the tool that they are
using and how the school system is very accepting of the tool. Mr. Bortnem asked if they were
able to get pro bono dental care. Ms. Royal said in some instances they can but must find funds
to help pay things like filling cavities, etc. Members discussed the budget and the increase in
personnel costs and costs for finger printing. Ms. Royal stated that they are replacing along-
time volunteer with paid staff. It was noted that professional fees increased in the budget due to
the increase in audit fees.
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DAY STAY FOR ADULTS
Andre Villarreal from Day Stay for Adults introduced himself. Mr. Villarreal stated that the
facility would soon move to a new location. The current landlords want to tear down the
building and make way for a shopping center. He stated that they are trying to put another
facility together in the Lewisville area. Mr. Villarreal described the space needs of the facility.
Mr. Gregory asked where the program income came from. Mr. Villarreal responded that some
clients are self pay and that the facility also receives Medicaid funding. The maj ority of the
clients are Medicaid recipients. However, the reimbursement that Day Stay receives from
Medicaid is not sufficient to pay the costs associated with caring for the clients. The third source is a nutrition program that assists with meals. There are also fundraisers
that produce income
and they request grants. Ms. Sams commented about the diverse client base and asked about the
lack of diversity on the board. Mr. Villarreal stated that they did have one Hispanic on the
board. He is working with the Board to make the board more diverse.
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
Kevin Henson, the new executive director of Cumberland Presbyterian Children's Home and
Amy Watson, a counselor and director of clinical services presented Cumberland's request to
HSAC. Mr. Henson noted that he had been on the Board of Directors for about six years prior to
becoming ED. Mr. Henson explained the mission of the organization and the initiation of the Single Parent Family program. He added that there was a lack of counseling and parenting
skills
training, so they started the Family Outfitters Program. Mr. Henson stated that the majority of
funding comes from donors. Ms. Watson stated that they use interns from UNT & TWU and
therefore the program is very cost effective. Parent training is done monthly. Some services are
offered in Spanish.
Committee members had some questions regarding the request. Ms. Sams asked if Ms. Watson
was supervising the interns. Ms. Watson indicated that she was. Ms. Vicars-Nance asked about
the breakdown of those that would be served in the coming year. Ms. Watson indicated that they
were not certain at this time. Ms. Ross asked if they had made use of the Family Resource Center's parenting program. They indicated that they use the "love and logic" model and
that in
some instances they do refer people to the Resource Center. In relation to comments made at the
previous meeting, Ms. Ross explained that agencies receive funding only on a reimbursement
basis. No funding is given up front. So any funding paid out would be for services that had
already been provided.
CITY OF DENTON PARKS & RECREATION - MLK & DENIA PROGRAMS
Cirilo Pedroza of the City's Parks and Recreation staff made the presentation for the Owsley and
King's Kids summer playground programs. Ms. Pedroza explained how the program in Owsley
got started. The program provides child care and keeps the children from getting into trouble
during the summer. He noted that the King's Kids program was meeting a similar need in the Southeast Denton neighborhood. Mr. Pedroza described the costs associated with the programs.
He noted that the Owsley program is more costly because they have no facility and therefore take
a lot of field trips to keep the children out of the heat. Though they used to serve 80 kids in
King's Kids, they now serve only 42. Owsley has dropped to 43. With full funding, they could
serve as many as 60 in the Owsley neighborhood.
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Ms. Sams asked how the children are selected. Mr. Pedroza stated that currently it is done
according to income level. The lowest income households receive services first. Dr. Stream
asked if they received feedback as to why they weren't funded last year. Mr. Pedroza stated that
they understood that there were funding cuts which made it difficult for the City to fund all
requests. Dr. Stream asked staff if there is a way for each requesting organization to receive
feedback from their application. Ms. Ingram noted that the minutes from the final meeting are
sent to each agency. Mr. Pedroza explained that the need still exists in each of the two
neighborhoods. Dr. Stream asked about the crime statistics and how they know that the service
is helping lower the neighborhood crime rate. Mr. Pedroza stated that statistics supporting this had been available in the past but an analysis has not been done recently. Mr.
Bortnem asked
about the age level of the children. Mr. Pedroza stated that they serve seven to twelve year olds.
Ms. Vicars-Nance asked about the Parks Foundation. Mr. Pedroza said they gave about half of
the funds needed for the programs. Members discussed the busing of the children to UNT.
Right now they use City vans. Ms. Vicars-Nance noted that it used to be a "drop-in" program
but added that she realizes that they can't do that anymore. The free summer lunch program is
also available for both camps.
Mr. Pogue asked Mr. Pedroza if it was correct that they don't receive United Way or other
funding since they are a City program. Mr. Pedroza indicated that this was correct. Dr. Stream asked from what other sources they request funding. Mr. Pedroza stated that they
request City
funding but do not normally receive it. Fundraisers are also out for City programs. Ms. Ross
commented that these two programs were developed specifically because of PARR staff s
awareness of the use of CDBG funds to serve low/moderate income neighborhoods.
Members discussed trying to visit the agencies in future years.
COURT APPOINTED SPECIAL ADVOCATES (CASA)
Sherrie Gideon, Executive Director, and Janie McLeod, Board president, representing the Court
Appointed Special Advocates (CASA) provided the agency's request for funding. Ms. McLeod
stated that the board has athree-year strategic plan and that the entire board contributes financially to the agency. Two organizations have approached CASA and wanted to give
them
the funding received from their fundraising events. Ms. Gideon discussed the program and the
organization's challenges: a lack of foster homes, turnover in the local Child Protective Services
office, and educating the legislators about the child care system and how it is affecting the
children. Ms. Gideon stated that CASA is going to sponsor some foster parent recruitment
activities. Ms. McLeod talked about the attention that CASA advocates are able to provide for
the children.
Mr. Dalton asked about the difference between CASA and the Children's Advocacy Center. Ms.
Gideon stated that CASA serves children in civil cases only. The Advocacy Center serves
children that are involved in a criminal court case. Only about five percent of the cases overlap. Most of the children that the Advocacy Center is serving have not been removed
from their
home. She reviewed the role of the Advocacy Center and noted that each agency serves a
different function. Dr. Stream asked if they have been to other agencies and service clubs in
town for funding. They discussed requesting funding from the Rotary Club. Members discussed
the foster parent system. Dr. Stream asked how many foster parents adopt the foster child that
Page 65
they are caring for. Ms. Gideon stated that this would be a good statistic to have but she
currently did not know.
CHILDREN'S ADVOCACY CENTER OF DENTON COUNTY (CACDC)
Dan Leal, Executive Director, and Jim Martino, Board Member, presented the funding request.
Mr. Leal stated that they are asking the committee to support funding for the agency that would
not be included in the human services budget. Mr. Martino stated that the services provided are
state-mandated. If the agency did not exist, the services would have to be funded by the City.
The Advocacy Center acts as liaison between the law enforcement agency and the family. He added that right now, Children's Advocacy cannot carry out a capital campaign and don't
have
enough space to conduct needed service activities. Mr. Martino added that if the City tried to
carry out this function, it would cost much more than the Advocacy Center is requesting. He
added that they are talking to the City Council and asking to be included as a line-item in the
budget. However, they don't want to be left without any funding.
Mr. Gregory asked if this was astate-mandated agency or do they provide astate-mandated
service. The presenters responded that the State sets up the structure for these agencies but does
not provide total funding. Committee members had various questions regarding the budget and
the fair share information for each city is discussed. It was noted that 20% of those served by the agency are from the City of Denton. Mr. Leal mentioned that the Police Department
has
supported the fair share support. Dr. Stream asked how they calculate the fair share. Mr. Leal
explained the process and handed out a "fair share" chart showing the amount requested from
each community.
Mr. Newland asked what Mr. Martino meant by his comment that it was either "pay now or pay
later." Mr. Martino noted that the City would pay much more than this for the service than what
the Advocacy Center is requesting. Mr. Leal stated that the program helps children as they
become juveniles and adults. Mr. Gregory noted that there was an issue in the 2006 audit that
also showed up in the 2007 audit. Mr. Leal asked if it was about the donor system and then stated that the agency is working on that. Mr. Martino noted that an employee was not
doing this
correctly but now, they are able to track the funding correctly.
AIDS SERVICES OF NORTH TEXAS
Suzan Stambaugh, representing AIDS Services of North Texas and Health Services of North
Texas, provided information about their request. She stated that their statistics do not include
the most up-to-date information due to the large number of households that they service. Thirty-
fourpercent ofclients came from Denton. The statistics do now support that AIDS is affecting
the young and the very old. They are now getting people who have lived with the disease for 20
years and it is beginning to catchup with them and their ability to obtain treatment. Ms.
Stambaugh discussed federal Ryan White funding and that 75% of the funding has to be spent for "core" services. So the food program is in the 25% where federal funds can't be used.
She
discussed how they are trying to find alternative funding sources for the nutrition program.
Dr. Stream asked about the "fair share" concept based on where a client is from. Ms. Stambaugh
indicated that they haven't looked at that approach. She discussed the infectious nature of the
disease and how this could affect a community with only a few AIDS clients. She stated that
they would take a look at that fundraising methodology. Mr. Bortnem asked if AIDS Services
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manages their food pantry program. Ms. Stambaugh responded that they did. Ms. Stambaugh
stated that they do help the clients obtain food stamps. Dr. Stream asked about the income
characteristics. Ms. Stambaugh stated that the average income for their clients is about $7,500
per year. She discussed co-pay requirements.
CAMP SUMMIT
Carla Weiland and Lisa Braziel from Camp Summit discussed the programs provided at the
camp. They explained that it is a residential camp for persons with disabilities. Ms.Weiland
stated that this is the only time that campers get a weekend away from their caregivers. The families also get time where they don't have to care for the household member. Ms.
Weiland
provided information about the volunteers from UNT & TWU that are positively impacted by
what they learn at the camp. There is no age limit for the campers. Ms. Braziel stated that
Camp Summit has been in Denton County for 61 years. Most of the campers have very limited
incomes and this funding helps them to be able to participate. Ms. Sams asked if there are
separate programs for the children. Ms. Weiland indicated that there were separate programs.
They use over 300 volunteers for the programs. Mr. Bortnem asked where the camp is. Ms.
Braziel stated that they are in Argyle. Mr. Newland stated that he had heard that they were
moving the facility soon. Ms. Weiland stated that at some point, they are moving to Sunset,
Texas, of Montague County.
ACORN HOUSING CORPORATION
Ms. Sherrie Randall provided the presentation for ACORN Housing Corporation. She noted that
ACORN is a HUD and Fannie Mae housing counseling agency. She continued that they want to
help people in Denton to save their homes. Without additional funding, they could only serve a
limited number of families in the Denton area. Ms. Randall indicated that ACORN is seeing that
people don't feel that there are any options and the agency wants to counsel the families and
explain that the lenders usually will work with them to help them keep their home. Mr. Newland
asked how ACORN would get the word out to the community about the services. Ms. Randall
said that they'll hand out flyers in the community, talk at churches, etc. Ms. Sams asked about the current percentage of clients from Denton County. Ms. Randall said she didn't
know the
percentage but that they are serving clients in Denton. Ms. Vicars-Nance pointed out that the
funds wouldn't be available until August or September and asked how this would affect the
families that ACORN wants to serve. Ms. Randall stated that she is currently working with the
Denton Housing Authority to assist clients. Ms. Ross asked why she was working with an
organization that provided rental assistance when it appeared that ACORN's focus was toward
owners. Ms. Randall responded that ACORN works with these families on credit issues to get
them ready for home ownership. Mr. Bortnem asked about salaries for personnel. Ms. Randall
responded that the starting salary for housing counselor is $26,000.
Mr. Newland commented the new areas of Denton County such as Providence and Savannah are
seeing a lot of foreclosures.
Ms. Ingram and Ms. Hillman reminded members to submit their evaluation forms as soon as
possible.
The meeting was adjourned.
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OFFICIAL MINUTES
HUMAN SERVICE ADVISORY COMMITTEE MEETING March 10, 2008
Members Present: Lorn Bortnem, Kami Fletcher, Dalton Gregory, Mari Metzgar, Steve Pogue,
Geri Sams, Vanessa Sims, and Jodi Vicars-Nance
Members Absent: Jan Hillman, Everette Newland, and Dr. Richard Stream
Staff Present: Rachel Ingram, Barbara Ross
Vice-Chair Jodi Vicars-Nance called the meeting to order.
Members discussed the request from the Children's Advocacy Center of Denton County
(CACDC) and the "fair share" amount that they were requesting from City Council. It was
determined that the CACDC wanted a letter of support from the HSAC but still wanted an
allocation in the human services budget in case the "fair share" was not approved. Members
agreed to prepare a letter of support for the CACDC's proposal submit it to City Council. Ms.
Ross stated that she believed that Mr. Leal from CACDC was not asking for funding from both
sources but, thought that any human services funds awarded would not be accepted if the "fair
share" allocation was awarded. Ms. Metzgar commented that HSAC could then reallocate the
human services funding. Ms. Vicars-Nance was concerned about the "mandate" mentioned by
Mr. Leal regarding these services. She requested that staff ask for an explanation and documentation of the mandate before a support letter was written. Mr. Bortnem suggested
that
the CACDC staff be requested to draft the letter. Ms. Ross noted that the City budget would not
be approved until August or September.
Ms. Ingram provided the committee with information from their assessments including the
average allocation amounts. She also read the responses of those members that were not present.
Members reviewed the list of requesting agencies and discussed the amount of funding that
should be recommended for their program activities. Members agreed that they would go
through the list and make recommendations, however, they would be able to go back and make
revisions as needed, based on the total budget numbers.
ACORN HOUSING CORPORATION
Members agreed that it was not clear how the organization planned to serve Denton and how
their program would impact affordable housing in the community. It was recommended that
ACORN receive no funding.
AIDS SERVICES OF NORTH TEXAS
Mr. Pogue commented that AIDS Services seems to have opportunities to raise funds that many
agencies serving only the local community do not have. Ms. Metzgar said that she believed that
they were asking for additional money because they had lost an important food donor. Members
discussed that food costs were going up. Members agreed to recommend $12,000 in funding.
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CAMP SUMMIT
Ms. Fletcher asked if there was an amount where the camp could still fund a specific number of
children and/or adults. Ms. Ingram explained that any money would go toward scholarships.
Mr. Bortnem stated that he was not able to find a justification according to the activities
described as needs in the Denton community. Mr. Pogue added that even a small amount from
the City helps agencies access other funding. Members agreed to recommend $4,000.
COURT-APPOINTED SPECIAL ADVOCATES (CASA) Ms. Metzgar stated that their role is very important in these cases. Ms. Sams noted the turnover
at Child Protective Services and how CASA provides continuity for the families. Ms. Simms
noted that she reduced funding for most agencies to have the ability to fund others at a higher
level. Mr. Pogue indicated that his wife was a volunteer for CASA so he did not feel
comfortable voicing his opinion. The members agreed to recommend funding of $10,000.
CHILDREN'S ADVOCACY CENTER OF DENTON COUNTY (CACDC)
Mr. Gregory stated that he recommended $20,000 to show support by the HSAC for the
organization, the services they provide and their additional request for "fair share" funding.
Members discussed the intent of the request from CACDC. Ms. Ingram explained the agency's campaign to obtain "fair share" funding from all the local governments they serve. However,
they did not want to give up the human services dollars. Members agreed to recommend funding
of $9,000.
CITY OF DENTON PARKS & RECREATION - MLK & DENIA PROGRAMS
Members agreed to discuss both programs. Ms. Fletcher and Mr. Bortnem asked staff about the
programs and whether the service was provided last year. Ms. Ross stated that the programs
have continued but, without CDBG funding, they're not able to serve as many children. Ms.
Vicars-Nance indicated that members discussed that it is a City program and that the Parks
Foundation should take a bigger lead. Ms. Sams mentioned the concern with the busing of the children. Mr. Bortnem asked why these weren't funded out of the Parks Department.
Ms. Ross
noted that these two programs were created when the City began receiving CDBG funds. The
Parks Department knew that CDBG was designed to assist low-mod household and
neighborhoods and thought that these programs would help both. Ms. Ingram explained the
difference between the Denia (Owsley) Playground Program and the Owsley Community
School. Members reviewed the application information regarding how many children would be
served and discussed the role of the Parks Foundation in supporting the programs. Members
discussed funding for the programs and why there are no alternative sources for these programs.
It was noted that the neighborhoods depend on these programs. Ms. Sams suggested giving them
half of what they requested. Ms. Ingram clarified that the funding is requested for staff salaries.
Members agreed that the programs are good programs. Mr. Gregory suggested recommending funding of $7,000 for each program and looking back if needed to revise the amount.
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
Ms. Metzgar noted that this is a prevention program. She commented that they are partnering
with other organizations to provide these services. Eighty percent (80%) of those served are City
Page 69
of Denton residents. Ms. Vicars-Nance stated that she felt there were other more pressing needs.
Members agreed not to recommend funding for the program.
DAY STAY FOR ADULTS
It was noted that Day Stay is the only organization in Denton County providing this service. Ms.
Metzgar also pointed out the very limited payment that they receive from Medicaid to provide
this service. Ms. Fletcher stated that this was definitely a need. Members agreed to recommend
$6,500 in funding.
DENTON CHRISTIAN PRESCHOOL
It was noted that all members supported funding for the agency and all the recommendations
were above $20,000. Members agreed to recommend the average amount of $22,500.
DENTON CITY COUNTY DAY SCHOOL
Members agreed to recommend the average of $26,500.
SENIOR HOUSING - FAIRHAVEN RETIREMENT HOME
Ms. Sams stated that this is one of the only facilities that is less expensive and houses low
income seniors. She added that the reorganization was working but they need help to get through the transition period. Members agreed to recommend funding of $8,500.
Ms. Sams had to leave at this time.
COMMUNITY FOOD CENTER
Ms. Vicars-Nance asked if the committee wanted to fund the total amount requested, which was
$4,000. Ms. Metzgar noted that they do a wonderful job with an all volunteer workforce.
Members discussed whether they had to come back last year and ask for additional funding for
food. Ms. Ingram explained that the reallocation was due to the funds available after the Owsley
Community School stopped providing services. Members agreed to recommend funding of $4,000.
DENTON COUNTY FRIENDS OF THE FAMILY
Ms. Fletcher noted the important need in this area. Members agreed to recommend $24,000 in
funding.
FAMILY HEALTH CARE, INC.
It was noted that the actual request from Family Health Care, Inc. was very close to the average
recommended by HSAC members. The members decided to round the original amount
requested and recommend funding of $23,500.
FRED MOORE DAY NURSERY SCHOOL
Members discussed the financial problems the agency is having. Ms. Fletcher stated that she felt
it would be hurting the children and families served if funding were cut due to poor staff
oversight and management. Ms. Vicars-Nance and Ms. Metzgar commented that funding equal
to past amounts should not be provided after these problems have surfaced. Ms. Sims reminded
members that the funding is reimbursed so that the services would have been provided. Ms.
Page 70
Vicars-Nance indicated that there should be some repercussions for the mismanagement. Mr.
Gregory stated that he moved from wanting to provide more funding to help them out to feeling
strongly that the governing agency should be paying attention to what is going on. Ms. Ross
added that the agency has given back $195,000 to expand their facility. They gave the funding
back knowing that they weren't ready to do the project yet. Ms. Fletcher commented that the
funding was for teacher's salaries. It was noted that this day care and City County are the only
two sliding scale day cares providing services for low-income households in Denton County.
Ms. Ross also noted that the board's new secretary treasurer is an accountant and is doing quite a
bit to straighten out the agency's finances. Members agreed to recommend $22,000, which is $5,000 less than last year's amount. Ms. Ross commended Rachel Ingram for working with
Fred
Moore and requiring that they submit an audit prior to receipt of any additional payments. This
is when staff found out about the financial problems and initiated the dialogue about ending the
contract for the expansion.
HOPE, INC., TRANSITIONAL HOUSING
Mr. Pogue stated that he recommends funding but noted that they serve only eight to twelve
households per year. Ms. Vicars-Nance and Ms. Ingram commented that since, this is housing
assistance and intensive counseling and, the families are in the program for more than one year,
it is expensive. Members agreed to fund the program at $21,000.
HOPE INC., HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
Ms. Ingram stated that these are the funds that are used as match for Continuum of Care HUD
homeless funds and that $18,000 is basically a minimum amount. Members agreed to
recommend funding the HMIS at $18,000.
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
Ms. Fletcher asked if this funding was being used to support the volunteer placement specialist
and that this position would be maintained in any case. Ms. Vicars-Nance stated that the position
would have to go down to part-time if the funding was not received. Members agreed to recommend funding of $8,000.
SPECIAL PROGRAMS FOR AGING NEEDS (SPAN)
Members reviewed the amount of funding they have currently allocated. It was suggested that
they put down $17,500 for SPAN and then take a look and revise the recommended allocations
where necessary.
Ms. Ingram gave the committee the total of their current recommendations - $251,000. This is
approximately $10,000 more than last year's budget. Ms. Vicars-Nance reminded HSAC
members that they could recommend an increase in the amount funded by the City if they so
desired. She noted of course that City Council could disagree with the proposed increase and ask the HSAC to re-evaluate and provide revised recommendations as they have in a couple
of
instances. It was noted that the population is growing and this means that more people may need
to be served.
Page 71
Mr. Pogue asked about the funding history. Ms. Ross stated that about three or four years ago,
Council reduced the amount of general funds and began to base the amount of general funds
provided on a one dollar per capita amount. Last year a small increase was approved.
Mr. Bortnem asked about providing additional funding for Fred Moore Day Nursery School.
Ms. Vicars-Nance responded that she did not believe the committee could ignore the financial
mismanagement. Members continued to discuss the issue and other more minor problems
identified in the audits of other agencies. Members agreed that they still support the agency and
that the recommended funding allocation sends that message.
Members continued to discuss the Children's Advocacy Center and Fred Moore Day Nursery
School. Mr. Gregory stated that the next time Fred Moore requests funding, they need to provide
the plan as to how they are going to repay the payroll taxes owed.
Mr. Gregory moved to approve the funding recommendations as stated by the committee. Mr.
Bortnem seconded the motion. The motion passed unanimously.
Ms. Sims asked if they would reconvene to reallocate funds if the Advocacy Center received
their "fair share" allocation. Ms. Ross indicated that the City Council does not make their final
budget decisions until August or September.
Ms. Sims described how the motion for support of the "fair share" allocation for the Advocacy
Center should be stated. The motion included that the Advocacy Center would write a letter for
stating the HSAC's support of the "fair share" allocation to be budgeted by the City. The motion
also included that if the "fair share" is included as a line item in the City of Denton budget, the
HSAC would reconvene and reallocate the $9,000 originally recommended as human services
funding for CACDC. The motion was made by Ms. Sims and seconded by Mari Metzgar.
The motion passed unanimously.
The meeting was adjourned.
Page 72
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, 349-8351
SUBJECT - CA07-0001 (Marriott Garden Addition)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for an amendment to the comprehensive plan for the City of Denton, Texas, for
approximately 33 acres of land, located north of University Drive and west of Masch Branch
Road, and legally described as Lot 2 of the Marriott Gardens Addition, in the City of Denton,
Denton County, Texas, from an Employment Centers future land use designation to an Industrial
Centers future land use designation; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (CA07-0001) The subject
site is located within a Rural Residential (RD-5) zoning district. The Planning and Zoning
Commission recommends approval of the comprehensive plan amendment 7-0.
BACKGROUND
Applicant: JVC Partners/Mar-Properties Ltd. Denton, TX
On December 19, 2006, the City Council adopted an ordinance that annexed the subject property
into the corporate city limits. As a result, the subject property was assigned an initial zoning
district of Rural Residential (RD-5). The subject property was voluntarily annexed into the City
as a result of an agreement between the property owner and the City. The agreement stipulated
that if the uses within the property were expanded beyond the boundaries that existed at the time
of the agreement, the City would have the right to voluntarily annex the property. The City
began the annexation proceedings when it was determined that the property owner violated the
agreement.
According to the applicant, the purpose of the Comprehensive Plan amendment is to amend the
future land use designation to one that is more consistent with the existing uses. The applicant is
requesting to amend the Comprehensive Plan from an "Employment Centers" land use
designation to an "Industrial Centers" land use designation to allow uses permitted in the
Industrial Center General (IC-G) zoning district. In the IC-G zoning district light manufacturing
is permitted by right and heavy manufacturing is permitted with a Specific Use Permit (SUP).
In conjunction with this Comprehensive Plan amendment request, the applicant has applied for a
zoning change from a Rural Residential (RD-5) zoning district to an IC-G zoning district. The
current zoning of RD-5 does not permit industrial and office uses, rendering the existing uses as
legal nonconforming uses. One of the criteria for a rezoning approval is that the proposed
zoning district must conform to the future land use of the Denton Plan. The Comprehensive Plan
amendment must first be approved by City Council from Employment Centers to Industrial
Centers before the proposed zoning change request can be considered.
Public notification information is provided in Exhibit 5. As of this writing, staff has not received
any responses from property owners within 200 feet of the subject site.
PRIOR ACTION/REVIEW
December 19, 2006 Annexation
March 26, 2008 Planning and Zoning Commission Public Hearing
OPTIONS
1. Recommend approval as submitted.
2. Recommend approval subject to conditions.
3. Recommend denial.
4. Postpone consideration
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Comprehensive plan
amendment 7-0.
The Development Review Committee recommends denial of this Comprehensive Plan
amendment request based on the following findings:
1. The Denton Plan designates this area as an Employment Centers future land use.
Employment Centers is defined in the Denton Plan as centers intended to provide
locations for a variety of workplaces, including limited light manufacturing uses, research
and development activities, corporate facilities, offices, and institutions.
2. Light manufacturing is a permitted use in the EC-C and EC-I. Light manufacturing is
defined as -Industrial operations relying on the assembly of products using parts
previously developed from raw material and not classified as a point source of
objectionable pollutants.
3. Based on an inventory of current uses within the subject property provided by the
applicant, it was determined by staff that 24 of the 31 current uses would be allowed in
the EC-C or EC-I.
4. According to a letter provided by Frazier Commercial, see Exhibit 9, vacant units within
the subject property is being marketed for office and warehouse use. Office use is
permitted in the EC-C and EC-I. Warehouse use is permitted in the EC-I with a
limitation L(34). L(34) =Permitted with no more than 150,000 gross square feet and 8
truck docks. All docks or loading bays shall be to the rear or side of the structure and not
viewable from the street. The buffering standards for outdoor storage shall apply, both to
any outdoor storage activity and to the loading docks.
5. A zoning change to EC-C or EC-I would not require a Comprehensive Plan amendment.
6. The subject property is located in the middle of an Employment Centers future land use
designation, granting a Comprehensive Plan amendment to Industrial Centers would
create an isolated land use designation and potential zoning district unrelated to adjacent
and nearby properties.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Future Land Use Map
4. Proposed Future Land Use Map
5. Existing Zoning Map
6. Notification Information
7. Site Plan
8. Letter from Applicant
9. Letter from Frazier Commercial
10. Planning and Zoning Commission Minutes -March 26, 2008
11.Ordinance
Prepared by:
~5
Ron Menguita
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: CA07-0001 DATE TO BE CONSIDERED: May 6, 2008
LOCATION: North of US 3 80 west of Masch Brand Road.
APPLICANT: JVC Partners/Mar-Properties Ltd.
2281 Masch Branch Road, Suite 400
Denton, TX 76207
OWNER: J.R. Marriott
2281 Masch Branch Road, Suite 400
Denton, TX 76207
REQUEST: Consider adoption of an ordinance regarding an amendment to the
Comprehensive Plan for approximately 33 acres of land from an
"Employment Centers" land use designation to an "Industrial
Centers" land use designation.
RECOMMENDATION: The Development Review Committee recommends denial of this
Comprehensive Plan amendment request.
COMPREHENSIVE The subject site is located within an Employment Centers future
PLAN DESIGNATION: land use designation.
Employment centers are intended to provide locations for a variety of
workplaces, including limited light manufacturing uses, research and
development activities, corporate facilities, offices, and institutions.
Employment centers are also intended to accommodate secondary
uses, such as hotels, restaurants, convenience shopping, and child-
care. Adequate public facilities shall be a criterion by which zoning
is grante .
Additionally, employment centers are intended to:
■ Encourage the development of office and business workplaces
inclose proximity to housing, civic, and recreational uses;
■ Promote excellence in the design and construction of
buildings, outdoor spaces, transportation facilities, and
streetscape;
■ Direct the development of workplaces consistent with the
availability of public facilities and services; and,
■ Continue the vitality and quality of life in adjacent
neighborhoods.
SITE AND The site is currently developed with industrial and office related uses.
SURROUNDINGS: Approximately 21 units are currently vacant.
North: Rural Residential (RD-5) -Maintenance facility owned by the
County of Denton (annexed into the City on April 3, 2007)
South: Employment Center Industrial (EC-I) -currently undeveloped
East: Extraterritorial Jurisdiction (ETJ) -the majority of the site is
currently undeveloped. There is a gas well located on the southeast
corner of Masch Branch Road and Hampton Road. Further east along
Hampton are two residential structures. East of the ETJ,
approximately 1,500 feet, are properties within the City of Denton
zoned Neighborhood Residential 2 (NR-2).
West: Extraterritorial Jurisdiction (ETJ) -currently undeveloped
BACKGROUND On December 19, 2006, the City Council adopted an ordinance that
INFORMATION: annexed the subject property into the corporate city limits. As a
result, the subject property was assigned an initial zoning district of
Rural Residential (RD-5). The subject property was voluntarily
annexed into the City as a result of an agreement between the
property owner and the City. The agreement stipulated that if the
uses within the property were expanded beyond the boundaries that
existed at the time of the agreement, the City would have the right to
voluntarily annex the property. The City began the annexation
proceedings when it was determined that the property owner violated
the agreement.
According to the applicant, the purpose of the Comprehensive Plan
amendment is to amend the future land use designation to one that is
more consistent with the existing uses. The applicant is requesting to
amend the Comprehensive Plan from an "Employment Centers" land
use designation to an "Industrial Centers" land use designation to
allow uses permitted in the Industrial Center General (IC-G) zoning
district. In the IC-G zoning district light manufacturing is permitted
by right and heavy manufacturing is permitted with a Specific Use
Permit (SUP).
ANALYSIS:
Comprehensive Plan The applicant has requested for a Comprehensive Plan amendment to
Analysis: amend the future land use designation from "Employment Centers" to
"Industrial Centers." In conjunction with this Comprehensive Plan
amendment request, the applicant has requested for a zoning change
from a Rural Residential (RD-5) zoning district to an IC-G zoning
district.
The purpose of the Comprehensive Plan amendment is to amend the
future land use to Industrial Centers so that the proposed zoning
district of IC-G will conform to the future land use designation. The
Comprehensive Plan amendment must first be approved by City
Council from Employment Centers to Industrial Centers before the
proposed zoning change request can be considered.
The subject property is within a Employment Centers future land use
designation, extending south to Universsty Drive, see Exhibit 3.
Existing uses surrounding the property to the north is a maintenance
facility owned by the County of Denton, to the south and west is
undeveloped land, and to the east is mainly undeveloped land with a
gas well on the southeast corner of Masch Branch Road and Hampton
Road. Further east along Hampton are two residential structures.
Granting a Comprehensive Plan amendment to Industrial Centers
would allow the consideration for a Industrial Center General (IC-G)
zoning district. This proposed zoning district of IC-G would create
an isolated zoning district unrelated to adjacent and nearby properties.
when the surrounding area develops as an Employment Center,
potential conflicts between heavy manufacturing and limited light
manufacturing uses, research and development activities, corporate
facilities, offices, and institutions may occur with regards to intensity,
screening, and traffic.
In addition to the evaluation of possible impact on existing or future
development, the subject site was evaluated to determine if the
subject site was able to facilitate adequate provision of transportation,
water, sewer, and other public requirements. The subject site is
accessed primarily from Masch Branch Road. Masch Branch Road is
classified on the City's Mobility Plan as a Collector Road requiring a
right-of way of 77-feet. The roadway is currently atwo-lane road.
There are currently no plans from the City to construct the roadway to
class standard. Masch Branch Road between University and the
subject property is not of sufficient structural integrity to support the
expect volumes and type of traffic this site generates and may require
substantial improvements or upgrades in the near future.
Existing water and wastewater lines are located within Masch Branch
Road and Hampton Road that currently provide service to the subject
property. There is an existing 8-inch water line located along the
property along Masch Branch Road. The subject property is served
by an existing sewage lift station that discharges into an existing fl-
inch gravity sewer line on Hampton Road. During the past year the
City has identified an increase in the amount of discharge originating
from the subject property. The increase of discharge has impacted
the existing sewer lift station creating a concern from the wastewater
Department. The applicant was informed of the issue and is working
with the Wastewater Department to identify the cause and to
minimize the increase of discharge.
Possible impact on the environment was also evaluated. Prior to the
annexation of the subject property into the city, the applicant
constructed a building and associated impervious area within a
floodplain. After the annexation the City informed the applicant of
the issue. In response, the applicant has applied for a Letter of Map
Revision (CONK) with FEMA. The application for the LOMR is
currently being processed by FEMA.
Development In conjunction with this Comprehensive Plan amendment request, the
Code/Zoning Analysis applicant has applied for a zoning change from a Rural Residential
(RD-5) zoning district to an IC-G zoning district. The current zoning
of RD-5 does not permit industrial and office uses, rendering the
existing uses as nonconforming uses. Pursuant to Subchapter 35.11,
legal nonconforming uses are allowed to continue operation
indefinitely. Whenever a nonconforming use is discontinued for six
months the use of the premises shall be in conformance with all
applicable codes of the City. The term "discontinue" means that the
property or structure is vacant and no attempt to market the property
is observable on the property or from the exterior of any structure, or
that the property or structure is vacant and City taxes owed on the
property are delinquent.
Because industrial uses were in existence prior to annexation, the
applicant is requesting a zoning change to IC-G to allow future
development of light manufacturing by right and heavy
manufacturing with a Specific Use Permit (SUP). Based on an
inventory of current uses within the subject property provided by the
applicant, it was determined by staff that 24 of the 31 current uses
would be allowed in the EC-C or EC-I. In addition, according to a
letter provided by the applicant, vacant units within the subject
property are being marketed for office and warehouse use. Office use
is permitted in the EC-C and EC-I. Warehouse use is permitted in the
EC-I with a limitation L(34) which permits no more than 150,000
gross square feet and 8 truck docks. All docks or loading bays shall
be to the rear or side of the structure and not viewable from the street.
The buffering standards for outdoor storage shall apply, both to any
outdoor storage activity and to the loading docks.. A zoning change
to EC-C or EC-I would not require a Comprehensive Plan
amendment.
DEPARTMENT AND The Development Review Committee reviewed the Comprehensive
AGENCY REVIEW: Plan amendment request and provided comments and general
information. All comments have been addressed.
FINDINGS: The Development Review Committee recommends denial of this
Comprehensive Plan amendment request based on the following
in ings:
1. The Denton Plan designates this area as an Employment Centers
future land use. Employment Centers is defined in the Denton
Plan as centers intended to provide locations for a variety of
workplaces, including limited light manufacturing uses, research
and development activities, corporate facilities, offices, and
institutions.
2. Light manufacturing is a permitted use in the EC-C and EC-I.
Light manufacturing is defined as -Industrial operations relying
on the assembly of products using parts previously developed
from raw material and not classified as a point source of
obj ectionable pollutants.
3. Based on an inventory of current uses within the subject property
provided by the applicant, it was determined by staff that 24 of
the 31 current uses would be allowed in the EC-C or EC-I.
4. According to a letter provided by the applicant, vacant units
within the subject property is being marketed for office and
warehouse use. Office use is permitted in the EC-C and EC-I.
Warehouse use is permitted in the EC-I with a limitation L(34).
L(34) =Permitted with no more than 150,000 gross square feet
and 8 truck docks. All docks or loading bays shall be to the rear
or side of the structure and not viewable from the street. The
buffering standards for outdoor storage shall apply, both to any
outdoor storage activity and to the loading docks.
5. A zoning change to EC-C or EC-I would not require a
Comprehensive Plan amendment.
6. The subject property is located in the middle of an Employment
Centers future land use designation, granting a Comprehensive
Plan amendment to Industrial Centers would create an isolated
land use designation and potential zoning district unrelated to
adjacent and nearby properties.
EXHIBIT 2
LOCATION MAP
r
EXHIBIT 3
FUTURE LAND USE MAP
EXHIBIT 4
PROPOSED FUTURE LAND USE MAP
EXHIBIT 5
EXISTING ZONING MAP
- ~ -
~
EXHIBIT 6
NOTIFICATION INFORMATION
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Public Notification Date: 3/12/08
200' Legal Notices* sent via Certified Mail: 7 ~i -
500' Courtes Notices sent via Re ular Mail: 0 r Y g
Number of responses to 200' Legal Notice
■ In Opposition: 0
■ In Favor: 0
■ Neutral: 0
Percent of land within 200' in opposition: N/A
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EXHIBIT 8
L~ F~cE F ~~IT~Ic
IA ~l. ADI~
~B ~~53 ~ A~~6rey, Texas TG227 97~,84~
-4433
January 7, X007
ll~r. Ran I~enguita
Praject Manager
City of Denton Planning Department
~ N. Elm
~t~, TX
Re: Request for onsidera#iot~ of tom rehensive Plan Arnendm . p ant and
Appl~cat~an - lUlarriotk harden Addition ^ ll~asch Branch Raad - PA 0 0098
Dear Ron:
Enclosed is the applica#ion far a amprehensive Phan Arnendrnent f ar the newly
annexed Marriott harden Addition ~hereina~er the "Prv e . . p rtY ~t ons~derat~on of
. fit.
Cade which directs #hat the Denton Plan Amendment Pro cedars be used to
consider adoption an arendment of the Denton PlanF Pursuant ' to ect~on
3.8... ~ .c, vuhereb}~ the Dity Manager Ana recommend the initia i Y tan of such
ac#ronst the owner of the Property is requesting tha# the i Dana er lni i tY g t ate the
procedure for a cor~prehen~ve plan amendment for the Pro a a set fo p qty rth ~n
this letter and the attached application. This application is submitted with a request
for placement on the February ~ 4, X907 a enda far the Plannin . 9 g and ~on~ng
ommissivn.
The owner of the Property i JV PartnerslMar~Pro er#ies L#d. wh ~ . p one pr~nc~pal
address is 2~8~ asch Branch Road, quite 400, Denton Texas ~8~07, T he land was recently annexed and the future land use designation far the Pro a i E-I
. i ~ p . As submitted in the Pre-Appl~cat~on process, the ov~ner is re ues i +/y
r ~ t ng ~ f-~nl~~ c~s~tn f tC # tie ~ ~ # fir ~ ~+st' VV
~ t proximity ~f the airport, and the appiicabie Ai ort com a#ibiii Land . .
rP p ty Use Des#r~c# Regulat~an. As you are aware, the Props is located in the are '
~Y a designated as AcLUD~ and is therefore subject to thane r ulativn. The uses curr .
~J en#ly ~n place are all legal uses that were in existence prior to the institution of ann '
exat~on proceedings. The current land use began with the develo meat of the Pro '
p perty ~n ~ 999, once #hat date the owner has construc#ed buildin s and d
. 9 evelope~ the Property for use as an Indus#rial corn lex for the rims
p p rY purpose ~f
accomn~adating both heavy and Tight manufacturing and the truck traffic associated
with thane uses.
both light and heavy industrial uses currently exist an the Pra a and relate the
~ ~Y ~
land use on the Properly is classified as "Leavy f~anufacturin "under the ~~`'~r~i+'
~ ~ ■ ~ Y Zan~ng Ordnance which defines heavy manufacturing a "industrial a erations for
. ~ the product~an of a good using raw materials and mechanical ower and
~a p rnachrnry. During prior meetings and conversations with Plannin De artment g p
staff, they have interpreted the meaning of heavy manufactur~n to be thane uses r ~ ~
that begin with raw materials and involve processes that tuns those raw materials
inta finished cor~panent or products, The businesses currentl o eratir~ on the Yp 9
Praper~y that are engaged in heavy manufacturing construct items Pram raver iron
praduct, Including but not limited to aircra~ frames? fences, arnamental and other
hone ir~pravernent and remodeling products} motors cle arks and castor Y p
motorcycles.
Further, the buildings on the Property have been deli ned to accomnnodate hea ~ vY
manufacturing uses.; therefore, electrical and other Ada Cations have been made to
the buildings far use by both current and future tenants en a ed in manufacturin g9 g
processes. The Ernployrnent tenter Industrial zoning assigned by the Future Land
thereby render the principal use on the Property a nancanfarrnin use. The IO- . ,
des~nat~an requested by the owners allows heavy industrial uses with an SUP
which affords the pity the regulatory antral that it desires while allawin the 9
Property owners to continue wrth the use of the Probe in accordance with the
development plan that began in ~ gg. currently, #~nants en a ed in hea gg
manufacturing uses Mave leases that range from twv to ten ears. Due to the Y
~nvetn~ent nude by both the owner and tenants in custo~n~zing buildings far these
heavy manufacturing uses, even at the end of the existin leases, viable future . g
The goals and objectives of the Denton Plan which call far the orderl develo ~ment
Y p and ranagernent of balanced growth to maintain a diverse econarn with
« ~ v~~artun~t~es far a full array of land uses will not be adversely impac#ed b
. y zar~~ng designation of l- far the Property. In this case, the current land uses far
the Property have been in place far a number of years in the i 's ETJ while
growth has expanded out tv the baundades of the Property,
~Exist~ng 1'an~ uses fiat urraun~ and that are nearby a fro a inctu~e
p ~Y E-I, NR-~ and IO~O as shown an Exhibit ~A". Exhibit "A" shows an area to the
autheat of the Property vwrith adjacent l- and NR~~ zanin deli nation ~ . he
. ~ g 9 ~ . proposed zor~~ng clas~#icat~an of I~ i cansrtent with p~erns surra~nd~ the
~ ~
unrelated to adjacent and nearby districts. The cols and ab~ectives of th . ~ .
9 ~ e ~ : n - U-
Plan would not ~e adversel affected Y b ~on~ng the Property as 1, Due
location of the Pro ~ In t to the . ~ rty he area des~~nated a Al`UD~ a ~ •
A~ ort its nd its pro~~rn~ty tv the rp de~rab~f~ty for use as an hin other ■ . Yt g than an ~ndustr~al corn fe
severely l~rnrted. ~llowin this Pro e p x ~ q p dy to cont,n~,e as an industrial corn 1
a s ~ p ex ~r~~~_~ .
nonconform,ng ~ reasonabie and serves the
buii ' qoa~ of conserving the value of d,ngs and encouraging the most ~ ro pp prate use for the land. Due to the
location of the Prope in the ar ea designated s A ~
redominan ~ UDC, its current p t heavy +ndustr~al use, and the nea - . y l E ~on~ng classifications
provide substantial reasons wh the Pro . Y pe~y cannot be used ~n accordance with
the E-i ciass~fica~~on.
A set forth in the service Anal sis 1 ervi Y ce Pian deveioped by the , of Denton
~r~ fY
water end ~ , waster~ater lines s well befn serviced
there ~ by both DMA and TAU; fore, the proposed l- zon~n would n . . ~ of affect the provision of serv,ces to
the Property.
The Property owner has ent a nu~rb ~ er of years deveioping and marketin the
property a an industrial 1 rnanufacturin . q complex and would ii~e to obtain zonin
consistent with the primary uses at that locati q on. There are a tots! of G~ peo ie
that hold various fobs at the businesses r p orated ~n the Marriott harden Addition.
Thy f'~ ~ ~ ~ u •
stone and ' ' ~ ~ ~ that revisions will be made when r~varr
bell ~ ~ anted . The Properky owner eves that ~n th, case a revision to l~- is war
th ` ! ~ ranted and respecifui~y requests e qty s con~derat~on of this a ~lcati . pp on far an amendment to
the
orn~rehen~ve Plan.
~IVe w'ril provide any additional information '
. wh,ch may be necessary for s#a~ evaluation and consideration b both the Diann .
y Ong and ~on,ng omm,s,on and pity our~cil. As noted on the a lication f
ply orrn, i~llr. Marnott ~ the pnma~ry contact however, ~f you have any uet~ons leas
q , p e feel free to give ~e a call as well.
sincerely,
~a~tr~ . ~d-~
Lot 2 of Marriott Garden Addition
a 8
SITE
ETJ ~
.n~~ w`
~Eg,2RC~
City Limits Q
Parcels
- Streets
NR-2
- EC-I
IGE
- RCGN
Ekh~ bar
EXHIBIT 9
~ ~ ~ ~ .
~ ~
~ ~ .
f~~ .
nit h ~ ~t~r .t} ~ ~~ar~~
~P
~ ~ ~
~
r~kl~~~r
~
~P~~~~ ~ . ~
....•t•r4•{t:'•' h. _•.r.:.+• ..w., ;...~.N... .''r: ••t. _ .'k'v _ .,.~.•~V.:.:tiv.:~,},kt:}~x•_k.~}•:~.?.:}'.~iiY'S: '-,~::,.:_w~
~ EXHIBIT 10 'I ~I~MI~I~NER ~VATIN; That brings u~ down to 5D~ ~ ~e~elopment Code in all of i~~ regrrCatfons. •
~omprehensl~re Plan Arr~er~drrtient for ap~rairnatel~r ~3 acres of land The term dtscontirtuod means that tl~e propertf
from Emplo}~rner~f onters hand to xr~dustrial renters lartid use Nlasch ~rar~ch, is vacan~r end no attempt to rnarlcet tl~e ~i~~~~rty
designat~or~. the property is Ioc~tod within rural •residential ~ i~ ~~~~rvable ors the propert~r~ or from the exterior of any
5 ~~-5 zoning districk. R~r~? ~ structure or that•the Pro~~rty or structure is vacant artid pity
MR~ ME~l~JiTA: Thank ~hairmanf n7eber~ ~f the taxes owed ors the pro~erky ire delinquent.
l ornroission, ~ ~gainr this is the future language designation as
• $ The •purpose of this carnprohe~~iv~ plan amendment ~ it is today, Employment Center This is wh~t'~ currently being
r~qu~st is to amend the future hand use d~~igr~ation forthe ~~po~~d, Industrial tenter, This i~ ~ rtptificatior~ reap. Andf
'I• subject propert~r from Em~l~yr~~r~t ~nters~ to Industrial renters. ~s of todayf staff has riot r.~~~ived ar~y responses to tl~e
9 ~ ~4ccording to the Ap~licantr the purpose is to Y~ave the lar~gu~q~ ~ notices tY1~t ero seat ~~t prior t~ t~15 public hearing.
'I de~igr~atlor~ more corasister~t it~t tyre existing uses of the ~ The staff pevel~p€n~r~t Review committee Cs
~ property, recommending denial oI this Cor~phensive Pian ~4rnendment
1.4 T~~ ~ub~ect property is located west of tl7e 13~ ~4 request based pn t1~e foCloing, real quick, ~m~loym~nt
'1 as shown Bore in red. If ~rou were to follow ~Ir~i~r~rsity give ~ Cer~ter5r which this area is designated in the ~prnp plan is
~ wept, end then north on N1a~h ~rar~ch, the ~u~~eck:pr~perty is ~ c~nt~rS intended to provide location fir a ~rariety of work
~I•~ I~ted approximately 50.4 feet from ghat interseCtlon~ pCacesr Including•1ir~r~ited light factory uses, research and
'I This is a more close-up uie you• c~r~ tell, ~ ~ c~eveloprr~e~t activit~es~ corporate facilities, and offices and
'1 the subj~~t property is almost Rally deveCo~~d, with light ~ irts~itutions. fight manufacturing is a perrrritted use in the
~ •industrial and office usos ar~d ~tl~er manufacturing uses, as 0 ESC and E~I~ fight rnanufacturir~g is do#ined a~ industrial 'I well, operatinrti~ relying on
the assembly .~f products using parts
Brl~f ht~tory on tl~e prap~rky, Thy property was pr~~riously developed from raw materials and not classified as a
annexed as a result of an agreement between the property owner point ~ourc~ of ob~ectkonable p~llunt~.
4 and the pity h~r~ it w~~ v~hen an agreement betw~~r~ the Ity 4 based on a li.~t of ~~s that the Applicant
ar~d the pr~~orky owner was reached, AcC~rdir~q to th•e ~mvided~ it was determined ~tafF that appra~cirnatel~ ~4 to
TFE~I~ ~ ~OITE •~EIVT~~V, TE7C~ g4~-y~~~~ • T~~~E~ & ~~~~4T~ DEI~~I, TEA 4~-~b5~g~Tg7
•
"I agro~mr~t, it is stipulated tf~at if uses within the property 1 i uses listed cur~-entCy ~t this sCte would be allowed in an •
were expanded beyond what existed at the time ~f the ~gr~ment~ ESC and ELI.
that tC~e City would have the right to ~roluntarilp annex the ~Vo, ~ vacant units withlr~ the subject R~P~~Y is
~ subject property. ~ currently b~ir~q rnarl~eted by the reel ~s~~t~ developer that's
• ~ The pity, after dotorrnirtir~g that the property hired as offices ar~~ w~reho~ses. ~Vo+ offices end warehouses
• • • • ~ owner •had violated and •x~anded on the uses proceeded with tt~e are perrr~itted ire the E~~ •I am sorrYf offices are perrr}itted
~ anneatCon ~rp~~edtngs. As a result of the ~r~r~~at~on~ the T the E and.E~I, ar~l~o~ses are permitted in E(~I with a
~ubje pro~~~y received an initial ~or~ir~g of RD-~, which is 1~mitation~
~ura1 ~e~id~r~tiaC-5, which is tl~e lowest ir~tensit~r density IVo. a zoning change to E pr ELI, If tl7e
zoning district avail~~l~ art our Benton ~evelo~mer7t bode. ~I~ Appli~ar~t chooses# would riot require a Cornprel~ensive Plan
"I'I The C'~-~ zoning district, as it is zonedl dogs not 'I ~l Arr~er~drn~r~t.
• "I permit in~rrstrial or office uses, r~nd~ring the existing uses 'I Arid C~~f1y, the subject propey i~ la~ated in the ~3 ors that property illegal ar~d nonconforrr~ing~
Again, prior to 1 middle of an Err~ployrner~t Cerrt~r. If we were to grant the •
. ~4 the annexatior~~ thoso us~~ were there legally. Ho~v~r, with ~4 ompr~l~~n~i~re Pfian Arnendment~•w~ would be creating isol~t~d
~5 the anrtie~cati~rti end the initial zoning of ~t gave It a 'I future land use designation, and possibly an isolated zoning
IegaC nonconforming Thy p~rpose~ again, for tC~e Ap~Cicar~t on 'I district within the area t11at is not c~r~~istent with the
~l the comp plan is to try tp•getthe corrrp plan lartgu~go 'IT adja~~nt properties currently thorn. .
• ~ designation consist~r~t with what"s currentl~r there F~Iloing ~I That concludes my pr~~~ntation. Tl~e Applicant is
the comb •pl~r~r they are also requesting ~ r~zonir~g change for 'I hers ar~d will be abCe to answer airy questions, Hoeverr I will
~ the property to cornpi~r with what is also located there! ~ be I~apRy to answer any questions at this tirn~r as elC. .
• ~ . I want to point out that as a legal •nonconforming 1 C~MENII~•kVEI~ INATII~I 1~ny gue~tior~s~ Patricia
uses the uses there now pursuant to ~ubcha~ter+ legal Adarr~s.
• nonconforming us~s~ are allowed to continue ir~defir~itely, AbA~1 food eveningf Cyr. Ci7~irman~
4 ~i~o~r~r~ when a legal n~r~~onform~t~g use is disco~tir~u~d fir six 4 ~o~r~i~~i~ners, and staff,
~ t'n~rith or more, the pr~r~i~o~ ~h~ll conform with the ~~r~tor~ ~ C~MMI~I~NEI~ 1NATII~; Name end ~ddress.r ple~s~~
T~~~EL I~TE DE1T1, TE ~-~-9~~7 T~FEEI~ ~ I~T~ ~EIT~IV~ TEA X44-5~~-g7g7
• of ~i. ~h~a,a{c ~~t'I~ R~ to of 1 ~41~~I~~~S 1~:•0$:X~ AN9
6.a UI di ~I I kW ~ ~F F -r +
{4v:i+..l.+.vs r •i •',.n s v.{Y+F f.n Trip: i.}~ .•h -4':s" • •s.. v.•' i •s: ;Y i•.i'~. y _1Q•~. ~re v~~h :.iq,
~ . ADAM ~ I'rr~ sorry, fly name i ~atri~i~ ~4dar~s, 'I I~-~,
I arr~ an at~rr~ey repre~er~ting ~ Partners, far-properties, I~~tng ~t this process{ a did ~oaic at ..y ~r I
Ltd.., a~t ~1 Nlasch Branch oadf 7~~, did fook at tl~o ~~rr~~prehen~ive plan, and tried to I~o~C at that
~ I ~lav~f kind oar C~roken n,y n~tos and' ~amrnent~ up 4 to advise whether or not{ you i~rf~, this. way euen appropriate.
~ into to~~~parate sectian~. ~r~e is f~rthe ~o~r~p Plan Amendrr~ent ~ And siting ~arrte of the devel~prr~ent.~lanf it calls
6 ar~d the other is for ~~nirrg, l=orgi~re m~.~f I, kir~~ ~f, ~~ras~ far orderly devefo~rrr~nt and rnanager~ent of balanced raad to
7 over. but I~am going to try tokeep those germane to each one ~ maintain ~ diverse e~~norny with appour~ities fo.r a fufl array
of those issues, ~ of use~~ 1+Vell, a have quite ~ full array ~f out at our
~ are goit7g to start b taking about and it i~ a compfe~c because e, basrcaCly, have an the heavy
'I0. little fit Lard t~ separate there. Mart b tacking a fittje manufacturcr~g side ~ have an entity that takes raw iron end
. 'I "1 bit about tine imp flan ~me~drner~tf and appreciate the fad that 1 constructs walkways, fence! arnarr~erttai rxlaterialS, uses raw
~ have gotten this pr~ae moved foru~ard u~r~der Mr. unr~ir~ham materials manufacture orr~aentai matoriais~ buiCds aircraft
'I ~ to actuall~r get t~~this point. ~'I~~ere 'ts a bit of frustration f~arn from tc~e ground Grp. Ube have raw granite that rrMaf~ .
~4 o~n the ppe~ or~~r~s part in this. whole process. And. ~ want '~4 ~ounter~~p~, UVe have one b~tsir~ess tit manufactures parts and
'I t~, kind' af, e.pla~in same of that ~ y'a~ll {rote history. ~ ~ assembles therr~ fir custom motbrcycles~
1 Because Rt do~~ hive ~ very I~ng history with this property, "I ~ there is, kind of~ a rrti ~f heavy and light
'I~ And ~ start~~ ~ met with IeIl~r carpenter ~k "I~ industrial ~ornpor~ents, bayed an the tafF`s ir~terpret~tior~ ~f
~I~ In ~tober of 4.~. In November of 0~7 a presented a ~ the d~finiti~r~s~ ~Ve also a nave ~ co~p~r~y that co~lec and
.'I preappCi~ati~n. And ire the rr~eetings itf~ Nls. carpenter and procese~ hazardous waste end sf~ips those to landfills. And ~ same other ~mernbers of ta~ff,
a talked about what a had out ~ then a have Borne star~d~rd usersr like lyder. UVe gave ~ few
th~re,.what was going co~ngat~ble, UVe talked about and 1 offices, but they are prcmarily dispatcllir~g type offices.
provided ir~forrna~tion on tenants ar~d their business, and ~ ~'hese art not corporate offices, as basi~lly, would
~ square footage, ar~d per~er~tage of the whole devel~oprnent~ And ~ ~ ~r~vrion, a~ [fir, I~enguita., basically; paid, limited light .
4 ~ wirer ba~icall~r, cart of told at that port thatr ~Cl~ e 4 rr~ar~~afaoturing corporate facilities. This is not what a are.
rar~de~tar7d it is ~ predomina~r~t easement and. people need to give ~ 1e have a heaver and light rnanu~aoturing facility peppered in
TFF~~. AITE DE~IVT~IV, TEA. ~~~-*~g7 ET~FFEL ~ IATE EENT~V, TEAS
4 ~ ~
'i that~~or~e consideratoor~. ~ ~ ~ ~ with a few add uses for people lea need a r~asonabie rent.
o e went ahead and .rovedforward. And' tfrere And so isicall~rlooking at the comp plan and the
pro cl~ange~ in the staff and ~eeloprn~ent I~epar~m~r~t, and so it goals, you know, the objective is to 1~ave a full array.af land
~ took a whip. It kind of slowed d~uvn. ~►nd ~ didn't hear ~ uses And that's what a have got here.
5 anything again until April, Arid ther7 a dropped the ball and ~ 7'h second objective was to conserve the alu~ of
didn't respond 1•or a coupce r~onthsf three months, I don`t the buildings and encourage appropriate for the land.
~ rerr~rnber what.it asr on some follp-~~ ~rrestians, ~ ~edeloprn~nt of this property began in 1~9g. ~ o ha~re a lot
~ ~ o e finaCly gat back in the ga~re ar~d ha~re been of buildings out there, ar~d as they construct buildings for
' ~ trying to get this.thing processed, and have boer~ praviding all. 9 heavy manrtfacturing purposes, there are. special accor~moda.tior~~
sow of information to the Pi~anni~ng Department to try to get 'I~ that are going to bo made. And those will be desigr~od ar~d ~ this thing, through. And I am a little
bit concerned about tl~e 'I'I constructed for those uses. o they are only going to be
r`ecor~r~er~dation to go to ~rplo~rrnent tenter based ors the history 'I attractive to other peopC~ who are wanting that same type of
of this praperty~ that being v~her~ it was annexed, it was 'I use{ uni~ss they want to carne in and redo a lot of the Insides
already d~voloped. I mean, there are no plans for doveloping '14 of these buildings,
anything else on tl~ls property at this point. . '1 a that i~ another thing that that that the
'f It is located bebir~d.one parcel of land that SIG Benton plan says that one afthe objectives is to conserve the
fronts ~~0, which is directly across fror~ hoary industrial "1~ value of the buildings. And nobad~r wants, and a dory"t want a~
heavy rr~anufacturing. 1Ne da have about 4 percent of our` uses, 'I the property owner{ bulldcngs sitkcng out there vacant, ~
~ our tenar7ts out there ware footage~is~f that are heaver ~ want them to be used by people in the bu~ir~ess they were built
~ i.r~d~strial, o the number rr~a carne down to g~ staff may ~ for
~ classifying of 1~ I belie~re it UVaBf as heaver industrial. ~ Al~~f a are in the A~LI~~ district, Arid under
square foog~~ise~ it was about 1~,OOg square feet out of thane regulations, basccafly listed as compatible uses it hay
square foot corr~plex, o tha~s a bit for us. That's a pretky r~ucf~ anything other than schools ar~d some medical
bit to remain a nancanfarming use. Because that's kind of 4 i•aciiities. o we are out ire that airport district,
what's happened to us in this process with the default to the entially. And the desirability for ~rryb~dy to put a
T~FFEL ~~~TE ~ECT~N, TES 4~-~~-1~ T~FFEL S~ ~1~~~TE ~EiVT~I, TE7~A g-=9~9~
~414.~~,f~0~~ A~ ~ Pa~~ ~3 to ~5~~f 1~1 ~ ~4 ~f ~~1 sh~o~t~
-.n .:y.- ~ s +ti
'I o~rporate office over in t1~e a~rpork district I tlOr1"~ think ~ C~~11~~~Z~IVE~ ~I~AAIE: And then e hive next to it
. really exists, 1~ou are going to see manufacturing-type uses, ECI,
3 people that don't really care what the outside of their NlR. ENUITA: Right.
4 ~uildir~g ~Ioo~.lilc~. 4 ~MII~I~I~E~ CI~AAIE; And l~ that ~ v~~~nt area
As far as the other items In tl~e comp plan, 5 right now?
division of services not being affected, water and wastewater MR~. N1EI~lL1ITA; That is currentl~r v~~~nt.
7 lined are both being servicod ~y D~1E ar~d fi~J, and so the ~ CCNiNiI~I~iV~~ CH~AIE: T~~t's what I thpugYrt. And
praposed IC= zoning would not~reate any additional burd~r~ on thin ~cra~~the road you ha~re ICE .
~ that. ~ ~ M ~I~~J~TA: youth of ~Jniversity bri~ro~ yep.
. 'I~0 In cor~cl.usiar~~ on some of the comp plan, on tC~e 'I~ COh~MIIC~JER CHAAE: o e ire proposing a~
'I.~ cor~p.pEan ~orkionr a Benton plan s~e~ifi~atl~+ status that the 'I'~ Exhibit 5?
~ c~rnpl~ertisiv~ plan i~ np~ ~~st in Sk~n~, and that revisions Ml~ MEI~UITA: This is ~taf~'s propaal+ yes I
'I~ will be made 1~en warranted. o I am asking the planning and rr~ean, I am sorry This is the ~4ppCic~nt'~ prppp~al.
'14 ~onir~g Co~rnission to take a serious Iook at this ar~d put some ~ C~M~1ii~NER ~HAAiE: Right. o when you were
1 meaning behind the "rrot cast in stone" ar~d consider the 4~ talking about having that er~tir~ area E~~
'1 percent heavy manufacturing uses, sorneTodd jobs that are 'f 1~1R. ~1E~1~t1ITA: I am sorry{ Employment Center
~7 out therer buildings that are ~~r~ru~te~ fir rnar~ tnd~sial, ~7 wl~lcl~ Is this right here, this ~h~Ce area as Er~~layrnent Center.
~i. heavy, and .light r~.~anufacturin~ purposes, That's ~tf~elr rnaln . ~ ~I~1MII~NEE~ ~CFCAAiE: The whole area? ~ rnar~et, ~q wide variety of ~se~:dn~ exist
that's consistent with ~ ~ ~ ~IENCU~TA; That's c~rr~ck. This pur~ler light
~ the pl~~i. a ire served, by water ar~d sewer lines aareed~+, so ~ laver~d~r ~re.~ ~n the pomp plan is Err~ployrnent Center
~ there is not going to be and other drain ors the system. 'I ~~1I~I~i~Ei~ SCH,~AIE; ~ka~+, I am guess that's
As far as Mfr, brazier, as realtor, p.utking in a . whit I ~n7 having diffCcult~r trying ~to understand how it
~orr~m~r~t about these ~eir~g rr~~rket~d pffic~s end warehouses, I defaulted, first of all, to wf~er~ it was Per~~~tl~ p~vip~,s
~4 can ~uarar~t ~~u, I~r. Frazier did not open up the development 4 what .was there,
~ .C~~e ~~d Iook at t~te.deflnit~or~~ or he would have put heavy and ~5 ~Ni~. NiEN~IT~4: ~ Right.
. TFFEL~ & ~~CI~T~ D~NTCV, TF~LP► ~4~-~~~-77 TEE~L ~ ~~I~TE ~ENT~IV, TE7~P~~ 94~~y~~~-~~
~8 1
'I light manufacturing end r7~t warehouses. ~ocauso a hare, I ~ ~ C~MMIIO~NER CH~IAiE: And that them is nothing
believes one warehouse user out there and that is it. I~~pp~r~ir~g on that what is now E~1, that`s vacant and across
o I apologize for that rr~ischaracteri~ati~r~ ~f th~~ the street a ha~re rCE. o what was the ~usti~cation for
4 phrase but that was dust ~h~ request of mfr staff to please ~ 4 making this whole thing EC?
tell us' what you are rr~areting fur, And a told ~hrn in ~ ~ ~ . I~1R, R~EIdCU~T; The futur~~ lar~,~ ~,s~f the corrrp plan
meeting that a ark, ~ss~ntialfy~ marking fot~ the same types park of that ComPrehonsiv~ Plan Arner~dmont is the future
7 pf used tC~a~ eve have now, which fs the industrial and ~ I~r~guage designatlon~ The.-- t am going to assume that ~
$ rnanufackuring~ planners that dra#ted the future I~r~d d~~~lopn~ent planr or comp
~ ~ ~ th~~~ art rrry cornmer~ on where a are This plan+ were [oolcin~ ~t ~n area for Employment Centers This is
case. is different Thy pro~erky was already developod whin we 'I~ ono of four areas. Ur~fortunately~ Z don't nave a map that ~ camp in. Arid I'm asking for "all to
give some rnear~ir~g to t~tat 'I'I illustrates the entire pity. Hoevor, this is one that"s
~ ~entor~ ~e~reCopme~t Cod~~ it is r~~t ~~st irk st~n~, ~n~ ~~nsider "1 located on the northwest carver of tl~e City Er~pl~mertt
what we are gut them. Thank ~rou~ ~ Center. The Emplor~er~t Mentor extends north from uni~rersity,
'1~4 ~~MII~IVER ~VATIIV: Thank you. Any questions '14 all the way up as it pans out and hid 135. Tl~e reason wl~y
'I It Iooks Ilke you did a food job, Anyone who wants to speak 'I they id~ntif~r this as an Employrnerrt Center, I do not know.
~'I ~ for this? Anyone life to s~e~ for it? Ar~y~n~ like sp~~k ~6 C~I~MISICIVER ~CIIAE: ~o if this is ~eni~d~ ~vha~
~I~ a~air~st it? ~kap. ~ cC~s~ the public hearing. discussion. ~7 happens to t>~e existing uses that are than?
'I ~ ~ ~~1MI~IONER CHAAiE: Can I ask a question of ~1R. ~IENC~JITA: They remain as legal nonconforming
Staffs uses. And they are there as long asp you r~aw~ they want to
' 0 ~ MR. fEI~1C~JITA; Sure. Iles. ~ be. If say for e~cample~ If one of the users wants to lea~re~ .
CCh9Mr~ICI~E ~CH~AIE: Ire our backup material w~ ~ Intl th~ properk~r owner continues. to market that user a future
have.a~ Exh~~it wh~~h is existing zoning. And it appears te~antr sir~il~r t~ whit was them priory carp still occupy it as
that this is when it was~anr~e~d.~ it w~r~t t~ R~-~, is that a light rnar~ufacturir~g. ~r if ~ is heavy manufact~,rir~~, they can
4 default mh~ni~rr~~ 4 still do that, ~ well. It is dust when I lcno~ it daesr~'t
NiR. i~ENGUI~A: That"s correct. look flke that would be any time ~er~ a new user wouf~ ire, .
T~l`~EL ~4~iATE DE~JTI~, TE7C~ ~~-~~~-~7~~ STOFFELS ~ ~I~IATE DEIT~IV, TE7~A g4C~-~-7~7
~'S ~nf ~fi ~}~~~t.~. P~ae 97~t~ 1~.~~.~f ~~1 . ~~~1~~17~~8 1~:~~$:1~~ AM~
,rte ~ ~ T r .r ,f r T
~q'•.s'v40.1o-•...w%VS::n •X v:•.' ~•-i,• . . • , : :s• .f'~_ 5 - N, - . ' i. • ~.v..:r;::=vr•C `a. ~.{:°;.~s:: iv:.~• vr~ .tir
~ Bit if it is rnarlc~tetl fir, l~nowr as long as it is marketed ~I into the agreement that we are tai king about right that
any use sir~'~ilar to what was there prior can occupy fat same they won"t expand But if they dof the}+ would able to
space, ~ annexedr is that o~rre?
4 ~NfMIS~~N~I~ II; fan I ask just ane further 4 I~~, A~AI►9; That`s correct on tie agreement. But
question? If an of~c~ next d~~r a menufarer i would ~i~k~ ~ speak again if you want when ~o~ are
MR. ME1Vl~ITA:. Right. ~ ~ ~r~ished~ ~o I can give~~rnor~ bacl~ground.
~ ~~1ISi~IVE1~ ICING: the offices their move, The 7 R~1~, ~IEN~JITA: On the bard 1~ere is the land use
$ manufacturer wants to take overtheir sp~Ce 4- ~ plan designation. And there we are referring to this area
MR. [~~N~IITA: No~ it~h~~ t~ an pfli~e ~s~. here that's the Iavender~looklr~g area, ~r~d that`s one. T~ris
~OI~II~i~I~E~ KIND: I ~~n't b~liede there is ~ 0 is another area, the area Direr Kara by the bEue i,~ ar~uther
ar~~+thing ~~twn I~niv~rSi~y and this. It is a vacant field. "I ~I area, and bar the ~Urtivers~t}~ is anotf~er area d~~ignat~d
~T~ the vest It ~s vacant. ~ 'I ~rrtip~a~+rnent tenter. o Staff, planners at the time were leelcing .
~ ~ ~1R. ~IEN~JIT~4: I~t is va~~nt. ~ 'I at plar~nir~g for the ~ityr.were Iookin~ at an~ even
~4 ~ COMI~II~SION~~ ~II~J~; Yeah. That aria right there.. '14 diri~ution pf Ernploy~rnent renters throughout the pity. That's
~ I~, N1~I~Ca~JIT: This right here+ this properly 'I rr~y ~ness. ~ .
the earth is c~ur~y property. ~d th~~ r~~ntly ~nn~lr 'I ~I►~NIISSIOIV~~ ~VATICII~~: Ar~y questions?
~ 7 as welly and is ~RB-. again., ~I)y~ is tl~e in3ti~I zoning gi~r~n ~ 1~ C~h7I~1ISII~IV~R E~L~T~1V; I guess ~ ha~re
~ ~in the lower den,~ity i~t~nity, o the intent i~ to rezone '1$ two choices here, to amend the comb plan ~r t~ ~l~~ng~ the
"19 that property to f~~t uses that the d~v~Ipp~r mar want to ~ zortir~g~ ~ develop, or wh~t~v~r i~ alread~r c~rrentl~r therer similar to ~ Ml~, M~N~~J~T~;
a have this first item .is to
'I v~hat was go~r~g on in this~locati~r~, ~ ~ ~ 1 insider the Cornp~ehensi~re Plan Amendment requests frorr~
~0~1MI~IC~NE 1IN ~ ~i~ ~~f~uld the ~ ~ Emp~lo~rrnent ~ertter to Industrial tenter. staff's recornrnendation
Employment tenter because of the long term plan, l~dot.so much .i~ to deny this omprehenslve flan ~mendrrter~t. Foilow~n~ t1~is
4 that "a1i went out there and decided to miss itC1 t)~~mf s~ to 4 items a will discuss the zonirr~ case: .
speak, ~ ~~1~tISI~NE~ EAC~~ET~IV; ~I~ay,
T~~~~L ~~I~TEB D~ENT~hJ, TEA ~4~-~~~4~77 TFFI=L. ~ A~~I~TE ~E~VT~I~~ T 4~-~~-97g?
~ ~ ~ ~l
'I MR. P~~lV~i.J~T~: Right. •~al}r. lJsually wf7at ~ ~~~1N1I~I~.I~E1~ SHAAKE: And in that order, first an
h~p~~n~.wfi~en ~an annea~on~ corner Ins especially If it i a ~ ~ ~mendrn~nt to the plan, and then the zoning? oui~n't you do
~r~Iunteer anr~eationf the f`ollowing.~public hearing the ~e if you amend the plan then you would indeed he able to
~ Applicant is already reque~tir~g ~ ~~ning ~h~nge already. It is 4 do the I~ as opposed to the
one of th~se.procedurals that we have done in tl~e park. ~ MR. ME1Vf~ITA: 1ell~ if eta or perhaps tF~e
~I~II~~II~NEI LY}CE; ITm just ir~ter~ste~ in the Corr~mission, I am sorry if the ~ornrniss`ron approves the .
bacl~ground~ a this had been an ETJ? ~ omprehensi~re plan Amendment+ than that is tfue.
$ PAR. IENI~ITA: I~t was. ~~N[MISi~NER INS: Just forthis'one location,
. ~ ~~M~IY~SI~N~~ LYIE; Arid then tl~e proPerlY owr~~r, 9 Not the whole area
whit was the agreer~er~t that this property owner violated 'I~ MR. h~~EN~~JITA; No~ 1e are loolcinq at the subject ~ ~ getting himself anneod? "1 ~I property.'
~Again~ staff`s rec~rnrnendation is not to appra~re the
R. ~9~~fCaUIT~: Right, My under~~ding that 'I~ C~mprehensi~re flan Arr~endmentF .
"I the agerr~~ent was that they ca~,ld not expand and Patricia '1 ~~M~1I~I~NER ~NATiIN~; dlr. unt~ingham, were you
~4 mar be able to expand a little bit further mad nit expand '14 going to make some contribution?
'I ~ what current uses there are now However, when the pity ~5 MR. CIJNNINHAM; No. I was just going to say
"I learned that tffiey did b~il~ the new building or e~cpar~d on the ~ that"s the reason why a do this in this order. TI'~e zpningr .
~ ~ existing auildlr~g, that triggerod tf~e i'wling of that agreement, 'I~' which i~ going to he the follow-up case couldn`t be Iegal~y
. ~ $ Therefore, the City went ahead and started a proceeding for ~I approved unless the mrni~~i~n ~I~ected to .recornrnend the change
~ annexation on tl~e properky~ "!oJ in the comprehensive plan. The changing of the comprehensive
~ ~~~1MII~NER DYKE: ~ th~~ ~v~nt to da what their 0 plan has to take place first before a could change the zoning.
'I v~ant to dor and ask if they can do it afterward? 1 Because the zoning that th~~ are re~uestir~g is riot permitted
I►i. MEIVUFTA; That`s welly I think the per the c~mpr~hensive plan.
agreement was we looked at poter~tialf~r annexing the property ~C~~1fISSI~NER EA~~ET~N: M question, I guess, then
~ some time ago~~pria~' to all this. And the property owner at ~ is what's so bad about tF~~t? I ~m nit ~l~~r en I mean, it
the time dide~r weii, a dan°t want to be anr~~etl ar~d enter 5 sounds to me like we want t~ slap tl~~ir Y~ands, bit they are
T~FF~~ ~ ~~~ITE ~~T, X40-~~4~1~7 T~F~~~. ~~[~TE I~~IVT~1, TE 9~~-~~-~1g7
~~~~~1~g08 ~4:~~8.~1~~ AM~ ~ Pane 1~~ to 1~4~ of ~~I ~ ~ ~~5 ~f sheets
~
~ ~nr~eed and they are I~a]~in~ ta~s~ Just put it in gular 'I around them that's core to the Er~rployrnent eater, and they are
lan~ua~e~ because ~t is kind of cunfusin~ to rne, What's tl~e there, there are still other Ernployr~er~t enters out there for
.pros ar~d cons of us arr~en~ing o comp pion and then cl~angir~~ other Employr~er~t tenter qu~Cifi~d businesses to occupy then it
the zonir~.~? ~ is just ~ little fit ~f i~hf~rl thinkir~~, And I would m~v~
5 ~ MR~ MEI~IiITA: The main con would be creating if that we approve it. I would make a motion to aPprov~.
e d~clde to ga with the I~-fir c~'eadn~ ~r~ ~~olated zoning ~~MMIr~NEI ~VTII~I ~loti~r~ to ap~rove~
7 district ire this area. ~Again~ this aria is surrounded b ~~t►7h~II01V~~ ICING: loos.
E€n~lp~rm~nt Center. The comp plan calls out for ~n Ernplayment ~ C~~MMIIONER ~VATIIlVS: Second?
tenter.-type zor~rng district iC~ E~ or ELI. ~4gain, the findings ~ C~~h~1~N1iI~IVE~ TFl~N1A second.
~ D ~ that I fisted, ono of tie tl~ir~gs was tl7e uses that are there . 10 ~ C~h~ MINION ER WATTNS: Second by Mr. Thomas.
~'I nor could be allowed in the EC~C ar~ECI, which would T1~t require '1~ please vote ~n the ~aar~. e~ren t~ zero t~ approve.
'1 a Irorr~preher~siV~ Rlar~ Amendment. ~I~
'1 Ire addition, all the uses there wire legal ~
'I~ npn~Onforming. And they can continue to t}~er~ for as long '14
~s they ant.They were not g~ir~g t~ forced out. Theses 'I
'I ~ you Icnow~ that's ~ m~ir~ that's tl~e rrrultipl~ reasons w~ ~r~ '1
. 'l~ r~cornmer~ding deniai,
~0~~1~7II~NER i•1AAE; I have another questlon~ . ~
1 TI~~ ~i~ce that's right ad~acerit to it th~t'~ row RD-~, that's 'I
~ hero the County has their f~Cility? ~
'I ~ Ni, M~NUIT~: 7'hat'~ correct. COMiISIOI~IE~ i•I~~E: What would you consider
them to bed They are certainly npt RD-~. If you had to label
4 them, are they IC or EC? ~ 4
h~R. ~7~ENUITA~ They ouid be
TFF~L ~ ~IP~T~ ~~TI~, TE7C~ 94~Sy797 T~FFEL ~ ~1~1TE DEI~T~I~, T~[~ 94~-~~-g~~l
90~
OMI~ISSIOI~EI SCFiAAIE: With ~vhat they are doing at 'I
tl~~t f~cllit~r~
l~, IEiVGUiTA:~ I b~l~eve they are a r~air~t~n~nc~
4 ar~d storagefacility. p they are proGably involved in ligl~~t ~
manufacturing, They art r~~t treating anything from rave ~ ~
materiel, 1~e worst case would be light rnanufacturin9~ and
~ fat would be perrnittod EOI or EC~C~. 7
$ ~ Cr~h~~MISIOiVEf T~IONIAS: ~ tl~e C~ount~r's facility
r~~lly couid fall under either one of those
'I~ MR. ~IENC~EJITA: Under EEO or ECI~ corre~k. Those "I~
~I ~ two ~~nir~g districts. Flo, EOM the way it god started, EOO ~'I
~ Employment ~ent~r~ Ik~durial EmpCoyrnent tenter Oorr~m~r~ial, "1 those would not be ire the ~ornpreher~sive Plan Arner~drnent, becauso ~
'14 it is in tl~e ~r~nplo~rment Cont~r future language designation.
'I C:4MISY~~IEI TFI~AS: It.~out~ds like another spat
'I~ zoning case with the ~r-~ly exception that they're already
'IT there.
~I ~~~IMIIC~IVER ICING: Isn't ~e cor~prehensiv~ plan a
life bit of wishful thinking all the time? I mean f dust like
~ talking about tf~e development earlier, It would just be ~
. 'I beautiful if averbody came in and sal~df great+ a iil~fureg~ "f
our ~ar~orate colors put us in w~r~t you designed and a know
that we will make enough money. people don't dare about
4 finding u~. 1Ne will ae prafitabie, if w~ III lived in a 4
~e~e~k~ ~~rf~ct world end considering th~r~ is n~ one else
T~FFEL & A~I~`~ ~~i~1T, T~ g44-6~-g7g7 ~ T~FFEL & ~~I~T~ Q~~'~I~, TE~CA 4~-~~-~~~
~ Rana ~il~ ~f1R of 1?i ~ f741i1~{~(~[]t~ 1[~{~18±1~ AM
. y,,., L ~v,. ~4~ •r . Ll wI %.Or A. X11 460
x•7~ t++y*•::+•At:Y-rr.~~4-'1.52':•_..r::•:s...•~..: :.r - Y;~
EXHIBIT 11
s:lo~r da~umen~lordinanceslDSlca~7-~001.doc
ORDIlVANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEAS, PRO~'IDIlVFORANA1ViEND~IENT
TO THE COIVIPREHENSI~TE PLAN FOR THE CITY ~ DENTO, TEAS, FOR
APPRO~NIATELY 33 ACRES OF LAND, LOCATED NORTH OF UNIVERSITY DR.I~E AND
BEST OF IVIASCH BRANCH ROAD, AND LEGALLY DESCRIBED AS LOT 2~ OF THE
1VIARRIOTT GARDENS ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEAS,
FOIVI AN EIVIPLOYENT CENTERS FUTURE LAND USE DESIGNATION TO AN
INDUSTRIAL CENTERS FUTURE .AND USE DESIGNATION; PROIDINCx ~`OR A
PENALTY IN THE IUi AMOUNT OF ~,aaa.~~ FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. ~CAa~~a~a I ~
WHEREAS, an. December ~,1999, e City of Dentan adopted the Denton Plan,1999 -
~a~4; and
WHEREAS, JVC Partners, Inc, has applied far an amendment to the Land Use Element of
the Denton Plan far appro~imate~i~ ~ acres of land from an "Employment Centers" land use
designation to an "Industrial Centers" land use designation; and
WHEREAS, an March 6, ~O~S, the Planning and honing Commission recon~nended
approval of the Land Use Plan amendment; and
WHEREAS, the City Council finds that the finds that the Land Use Plan amendment is in the
best. interests of the health, safety and enrol ~eifare of the citizens of the Ci of Dentan Teas tY
and ather~ise meets and complies with all substantive and procedural standards set forth at 35.x.3
of the Dentan Development Cade; NOS, THEREFORE,
THE COUNCTL OE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained a preamble of this ordinance are
~ incorporated herein by reference as
SECTION The Future Land Use designation of the Comprehensive Plan is hereby
amended for approximately 33 acres, legally described as Lat ~ of the arriatt Gardens Addition,
including all property to the centerline of all adjacent street rights-of-~vay.
SECTION 3, The City's official future land use map is amended to shams the ch a ~n the
future land nse designation from "En~playn~ent Centers"- to `{Industrial Centers".
SECTION 4. If any provision of this ardina~.ce or the a licatior~ thereof to ~an erson or Y p
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5, Any person violating any provision of this ordinance shall, upon conviction,
be Fined a sum not exceeding ~,aaa,a0, Each day that a provision ofthis ordinance is violated shall
constitute a separate and distinct offense.
i
~
s;lo~r doc~r~en~lor~i~a~ces1481c~D7-O~D1.doc
ET~~N . Thx ordinance shall became effective fourteen ~ 14~ fra~n the date of its
page, and the pity eeretary is hereby directed to cause the aaptian of this v~d~nnce to be
puhiished Mice in the Denton Record~Chranicle, a daily nev~spaper pub~~shed in the pity ofDenton,
Te~a.s, v~tthin ten ~ 1 days of the date of its passage.
PASSED AND APPR~~TED this the day of , ~~~8.
PERRY R.1VIcNE~L, MAYOR
ATTEST:
~ENN~'E SALTERS, CITY ERE'~ARY
~Y:
APPROVED A T~ LEAD FDR.:
EDEN 11~ NYDER, CITY AT~`ORNEY
Lm
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, 349-8351
SUBJECT - Z07-0001 (Marriott Garden Addition)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for initial zoning to Industrial Center General (IC-G) zoning district classification and
use designation; comprising approximately 33 acres of land located north of US 380 and west of
Masch Branch Road, and legally described as Lot 2 of the Marriott Gardens Addition, in the City
of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00
for violations thereof, severability and an effective date (Z07-0001). The Planning and Zoning
Commission recommends approval of the zoning change request (7-0).
BACKGROUND
Applicant: JVC Partners/Mar-Properties Ltd. Denton, TX
On December 19, 2006, the City Council adopted an ordinance that annexed the subject property
into the corporate city limits. As a result the subject property was assigned an initial zoning
district of Rural Residential (RD-5). The subject property was voluntarily annexed into the City
as a result of an agreement between the property owner and the City. The agreement stipulated
that if the uses within the property were expanded beyond the boundaries that existed at the time
of the agreement, the City would have the right to voluntarily annex the property. The City
began the annexation proceedings when it was determined that the property owner violated the
agreement.
According to the applicant, the purpose of the rezoning request is to rezone this property to be
consistent with the existing uses. The current zoning of RD-5 does not permit industrial and
office uses, which causes the existing uses to become legal nonconforming uses. The applicant
is requesting an IC-G zoning district designation to allow light manufacturing by right and heavy
manufacturing with a Specific Use Permit (SUP).
In conjunction with this rezoning request, the applicant has applied for a Comprehensive Plan
amendment to amend the future land use from "Employment Centers" to "Industrial Centers."
One of the criteria for a rezoning approval is that the proposed zoning district must conform to
the future land use of the Denton Plan. The Comprehensive Plan amendment must first be
approved by City Council from Employment Centers to Industrial Centers before the proposed
zoning change request can be considered.
Public notification information is provided in Exhibit 6. As of this writing, staff has not received
any responses from property owners within 200 feet of the subject site.
PRIOR ACTION/REVIEW
December 19, 2006 Annexation
March 26, 2008 Planning and Zoning Commission Public Hearing
OPTIONS
1. Recommend approval as submitted.
2. Recommend approval subject to conditions.
3. Recommend denial.
4. Postpone consideration
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the zoning change request 7-0.
The Development Review Committee recommends denial of this zoning change request based
on the following findings:
1. The proposed zoning of IC-G does not conform to the Future Land Use designation of
Employment Centers.
2. The proposed zoning district of IC-G will create an isolated district unrelated to
adjacent and nearby districts.
EXHIBITS
1. Staff Analysis 2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Information
7. Site Plan
8. Letter From Applicant
9. Planning and Zoning Commission Minutes -March 26, 2008
l0.Ordinance
Prepared by: Respectfully submitted:
Ron Menguita Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z07-0001 DATE TO BE CONSIDERED: May 6, 2008
LOCATION: North of US 3 80 west of Masch Brand Road.
APPLICANT: JVC Partners/Mar-Properties Ltd.
2281 Masch Branch Road, Suite 400
Denton, TX 76207
OWNER: J.R. Marriott
2281 Masch Branch Road, Suite 400
Denton, TX 76207
REQUEST: Consider adoption of an ordinance regarding an ordinance for the
rezoning of approximately 33 acres from a Rural Residential (RD-5)
zoning district to an Industrial Center General (IC-G) zoning district.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of the
zoning change request 7-0. The Development Review Committee
recommends denial of this zoning change request.
COMPREHENSIVE The subject site is located within an Employment Centers future
PLAN DESIGNATION: land use designation.
Employment centers are intended to provide locations for a variety of
workplaces, including limited light manufacturing uses, research and
development activities, corporate facilities, offices, and institutions.
Employment centers are also intended to accommodate secondary
uses, such as hotels, restaurants, convenience shopping, and child-
care. Adequate public facilities shall be a criterion by which zoning
is grante .
Additionally, employment centers are intended to:
■ Encourage the development of office and business workplaces
inclose proximity to housing, civic, and recreational uses;
■ Promote excellence in the design and construction of
buildings, outdoor spaces, transportation facilities, and
streetscape;
■ Direct the development of workplaces consistent with the
availability of public facilities and services; and,
■ Continue the vitality and quality of life in adjacent
neighborhoods.
SITE AND The site is currently developed with industrial related uses.
SURROUNDINGS: Approximately 21 units are vacant.
North: Rural Residential (RD-5) -Maintenance facility owned by the
County of Denton (annexed into the City on April 3, 2007)
South: Employment Center Industrial (EC-I) -currently undeveloped
East: Extraterritorial Jurisdiction (ETJ) -the majority of the site is
currently undeveloped. There is a gas well on the southeast corner of
Masch Branch Road and Hampton Road. Further east along
Hampton are two residential structures. East of the ETJ,
approximately 1,500 feet, are property zoned Neighborhood
Residential 2 (NR-2).
West: Extraterritorial Jurisdiction (ETJ) -currently undeveloped
BACKGROUND On December 19, 2006, the City Council adopted an ordinance that
INFORMATION: annexed the subject property into the corporate city limits. As a result
the subject property was assigned an initial zoning district of Rural
Residential (RD-5). The subject property was voluntarily annexed
into the City as a result of an agreement between the property owner
and the City. The agreement was if the uses within the property were
expanded the City would be given the ability to voluntarily annex the
property. The City began the annexation proceedings when the
property owner violated the agreement by expanding existing uses.
According to the applicant, the purpose of the rezoning request is to
rezone this property to be consistent with the existing uses. The
current zoning of RD-5 does not permit industrial and office uses,
rendering the existing uses as legal nonconforming uses. The
applicant is requesting an IC-G zoning district designation to allow
light manufacturing by right and heavy manufacturing with a Specific
Use Permit (SUP).
ANALYSIS:
Comprehensive Plan In conjunction with this rezoning request, the applicant has applied
Analysis: for a Comprehensive Plan amendment to amend the future land use
from "Employment Centers" to "Industrial Centers." One of the
criteria for a rezoning approval is that the proposed zoning district
must conform to the future land use of the Denton Plan. The
Comprehensive Plan amendment must first be approved by City
Council from Employment Centers to Industrial Centers before the
proposed zoning change request can be considered.
If the applicant proposes to expand Light Manufacturing or
Professional Services and Offices uses to other units within the
property, the applicant can request a zoning change request to rezone
the property to an Employment Center Commercial (EC-C) or
Employment Center Industrial (EC-I) zoning district. A zoning
change request to EC-C or EC-I will not require a Comprehensive
Plan Amendment.
Development The current zoning of RD-5 does not permit industrial and office
CodelZoning Analysis uses, rendering the existing uses as legal nonconforming uses.
Pursuant to Subchapter 35.11, legal nonconforming uses are allowed
to continue operation indefinitely. Whenever a nonconforming use is
discontinued for six months the use of the premises shall be in
conformance with all applicable codes of the City. The term
"discontinue" means that the property or structure is vacant and no
attempt to market the property is observable on the property or from
the exterior of any structure, or that the property or structure is vacant
and City taxes owed on the property are delinquent.
Because industrial uses were in existence prior to annexation, the
applicant is requesting a zoning change to IC-G to allow future
development of light manufacturing by right and heavy
manufacturing with a Specific Use Permit (SUP).
In addition to the evaluation of possible impact on existing or future
zoning within the surrounding area, the subject site was evaluated to
determine if the subject site was able to facilitate adequate provision
of transportation, water, sewer, and other public requirements. The
subject site is accessed primarily from Masch Branch Road. Masch
Branch Road is classified on the City's Mobility Plan as a Collector
Road requiring aright-of way of 77-feet. The roadway is currently a
two-lane road. There are currently no plans from the City to
construct the roadway to class standard. Masch Branch Road
between University and the subject property is not of sufficient
structural integrity to support the expect volumes and type of traffic
this site generates and may require substantial improvements or
upgrades in the near future.
Existing water and wastewater lines are located within Masch Branch
Road and Hampton Road that currently provide service to the subject
property. There is an existing 8-inch water line located along the
property along Masch Branch Road. The subject property is served
by an existing sewage lift station that discharges into an existing fl-
inch gravity sewer line on Hampton Road. During the past year the
City has identified an increase in the amount of discharge originating
from the subject property. The increase of discharge has impacted
the existing sewer lift station creating a concern from the Wastewater
Department. The applicant was informed of the issue and is working
with the Wastewater Department to identify the cause and to
minimize the increase of discharge.
Possible impact on the environment was also evaluated. Prior to the
annexation of the subject property into the city, the applicant
constructed a building and associated impervious area within a
floodplain. After the annexation the City informed the applicant of
the issue. In response, the applicant has applied for a Letter of Map
Revision (CONK) with FEMA. The application for the LOMR is
currently being processed by FEMA.
The following tables identify the uses permitted for the RD-5 and IC-
Gzoning districts:
Agricultural P P
Live Stock L(7) L(7)
Single Family Dwellings P N
Accessory Dwelling Units P N
Live/Vllork Units P N
Community Homes for the P N Disabled
Group Homes SUP N
Manufactured Housing P N Development
P= Permitted, N= Not Permitted, S= Specific Use
Permit
L(7) =Limited to two (2) animals on parcels one (1) to three (3)
acres in size. Additional animals may be added at a rate of one per
each acre over three.
Home Occupation P N
Sale of Products Grown on Site P N
Bed and Breakfast L(10) N
Retail Sales and Service N L(18)
Restaurant or Private Club N L(22)
Drive-through Facility N L(14)
Professional Services and Offices N P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Laundry Facilities N P
Equestrian Facilities P N
Outdoor Recreation P N
Commercial Parking Lots N P
Administrative or Research SUP P
Facilities
Broadcasting of Production SUP P Studio
Sexually Oriented Business N SUP I
L(32)
Temporary Uses L(38) L(38)
P= Permitted, N= Not Permitted, S= Specific Use
Permit
L(8) =Travelers' accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on
the property occupied by the accommodation, or adjacent
property.
2. That each accommodation unit shall have 1 off street parking
space, and the owners shall have 2 parking spaces. All spaces
shall be in conformance with the requirements of the Off
Street Parking section of this Chapter.
3. That only one ground or wall sign, constructed of a non-
plastic material, non-interior illuminated of 4 sq. ft. maximum
size be allowed. Any exterior illumination of signage shall be
installed such that it does not directly illuminate any
residential structures adjacent or nearby the travelers'
accommo anon.
4. That the number of accommodation units allowed shall be
proportional to the permitted density of the zone. Each
traveler's accommodation unit shall be counted as 0.6 units
for the purpose of calculating the permitted number of
trave er's accommo ations.
5. All traveler's accommodations shall be within 200 feet of a
collector or arterial. Street designations shall be as determined
by the City Comprehensive Plan. Distances shall be measured
via public street or alley access to the site from the arterial.
6. Excluding the business-owner's unit and the area of the
structure it will occupy, there must be at least 400 sq. ft. of
gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8
guest units
L(10) =All restrictions of L(8), but limited to no more than 5 guest
units.
L(14) =Uses are limited to no more than 10,000 square feet of gross
floor area.
L(18) =Uses are permitted only in association with Gas Stations and
are limited to no more than 5,000 square feet of gross floor area
except adjacent to I-3 5 then uses are limited to 10,000 square feet of
gross floor area.
L(22) =Uses are permitted only in association with Gas Stations and
are limited to no more than 25 seats except adjacent to I-3 5 then the
number of seats is limited to 50.
L (32) =Not allowed to locate adjacent to an arterial and within
1,000 feet as measured from the nearest property line of a sexually
oriented business to the nearest property line of any other sexually
oriented business, adult or child daycare, any elderly housing facility,
hospital, any residential use, public open space.
L (38) =Must meet the requirements of Section 35.12.9.
~ ~ '1
Printing /Publishing N L(25)
Bakeries N P
Manufacture of Non-odoriferous N P
Foods
Feed Lots SUP N
Food Processing N P
Light Manufacturing N P
Heavy Manufacturing N SUP
Wholesale Sales N P
Wholesale Nurseries P P
Distribution Center N P
Wholesale Storage and N P
Distribution
Self-service Storage N P
Construction Materials Sales N P
Junk Yards and Auto Wrecking N SUP
Kennels L(14) N
Veterinary Clinics P N
Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations
Gas Wells L(27) L(27)
P= Permitted, N= Not Permitted, S= Specific Use Permit
L(14) =Uses are limited to no more than 10,000 square feet of gross
floor area.
L(25) = If proposed use is within 200 feet of a residential zone,
approval is subj ect to a Specific Use Permit.
L(27) =Must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production.
Basic Utilities P P
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and N P
Lodges
Business /Trade School N P
Adult and Child Day Care P N
Kindergarten, Elementary School P N
P= Permitted, N= Not Permitted, S= Specific Use
Permit
The following are general regulations for RD-5 and IC-G:
~ ~ '1
5, 000
Minimum lot area 5 acres * square feet
Minimum lot width 200*feet 50 feet
Minimum lot depth 250*feet 50 feet
Minimum front yard setback 50 feet * 10 feet
Minimum side yard 10 feet * 6 feet
Minimum side yard adjacent to a street 50 feet * 10 feet
10 feet, plus 1
foot for
each
Minimum rear yard foot of None building
height above
20 feet
30 feet,
plus 1
foot for each
Minimum yard when abutting a None foot of residential use or district building
height
above
30 feet
Maximum FAR None 0.40
Maximum lot coverage (except for 15% 90%
agricultural buildings)
Minimum landscaped area 75% 10%
Maximum building height 65 feet 65 feet
~ The following limits apply to subdivision of less than 10 acres,
and all lots that are adjacent to the perimeter of a subdivision.
~ ~ The following limits apply to all buildings.
The following limits apply to subdivision of more than 10 acres in
lieu of minimum lot size and dimension requirements:
~ ~ '1
Maximum density, dwelling units per acre 0.2 NIA
Minimum building separation 30 feet NIA
If the Comprehensive Plan amendment and the zoning change are
approved, future development will be subject to the permitted uses
and general regulations of IC-G. Future development will also be
subject to the landscaping and site design standards per Subchapter
13 of the Denton Development Code.
DEPARTMENT AND The Development Review Committee reviewed the rezoning request
AGENCY REVIEW: and provided comments and general information. All comments have
been addressed.
FINDINGS: Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued
only when the following standards are met:
1. The following rezoning conforms to the Future Land Use element
of The Denton Plan.
The proposed zoning of IC-G does not conform to the Future Land
Use designation of Employment Centers.
2. The proposed rezoning facilitates the adequate provisions of
transportation, water, sewers, schools, parks, other public
requirements and public convenience.
The subject site will be accessed primarily from Masch
Branch Road. Masch Branch Road is classified on the City's
Mobility Plan as a Collector Road requiring aright-of way of
77-feet. The roadway is currently atwo-lane road. There are
currently no plans from the City to construct the roadway to
class standard. Masch Branch Road between University and
the subject property is not of sufficient structural integrity to
support the expect volumes and type of traffic this site
generates and may require substantial improvements or
upgrades in the near future.
Existing water and wastewater lines are located within Masch
Branch Road and Hampton Road that currently provide
service to the subject property. There is an existing 8-inch
water line located along the property along Masch Branch
Road. The subject property is served by an existing sewage
lift station that discharges into an existing 8-inch gravity
sewer line on Hampton Road. During the past year the City
has identified an increase in the amount of discharge
originating from the subject property. The increase of
discharge has impacted the existing sewer lift station creating
a concern from the Wastewater Department. The applicant
was informed of the issue and is working with the Wastewater
Department to identify the cause and to minimize the increase
of discharge.
Prior to the annexation of the subject property into the City,
the applicant constructed a building and associated
impervious area within a floodplain. After the annexation the
City informed the applicant of the issue. In response, the
applicant has applied for a Letter of Map Revision (LOMR)
with FEMA. The application for the LOMR is currently
being processed by FEMA.
Denton Municipal Electric currently services a portion of the
33 acres and electric service to the rest of the site is provide by
TXU.
EXHIBIT 2
LOCATION MAP
r
EXHIBIT 3
FUTURE LAND USE MAP
EXHIBIT 4
EXISTING ZONING MAP
- ~ -
~
EXHIBIT 5
PROPOSED ZONING MAP
r
I
f
t~
-
EXHIBIT 6
NOTIFICATION INFORMATION
, .
u t
- .
I r ~ i
a
Public Notification Date: 3/12/08
200' Legal Notices* sent via Certified Mail: 7 ~i -
500' Courtes Notices sent via Re ular Mail: 0 r Y g
Number of responses to 200' Legal Notice
■ In Opposition: 0
■ In Favor: 0
■ Neutral: 0
Percent of land within 200' in opposition: N/A
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OWNFR: A &A Penmu Pmpertias, LP ~ Ahsttec10514A _ S. Huizar Nurvcy
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GiV.:~G EDWARDS REU1S10NS: O
Mal"I'IOt~ GaPCl~T15 ENGINEEIVIVU SEAVII,L'~~ INC. ~ ~ 0 0~ ii ~ o • o m Comprehensive Plan Amendment ~ GRFt; e~~wax~s, p.E. D o
~ m ~ ~ ~ Owner: e"o 1621 AMANDA COURT, PONDER, TX 76259 NO ~ ~ ~ ~ JUC Properties tiF e ~ Ph:(940) 462-2907 Fax:(940) 482-0009 m m
n~niTnni rni innv T~vnc n~PO Bro«~~ze~s eq . ,o O
v V IY vv V V I I I I L/V1V 1 ~P (940)384-9300 0
EXHIBIT 8
L~ F~cE F ~~IT~Ic
IA ~l. ADI~
~B ~~53 ~ A~~6rey, Texas TG227 97~,84~
-4433
January 7, X007
ll~r. Ran I~enguita
Praject Manager
City of Denton Planning Department
~ N. elm
~t~, T
Re: Request for onsidera#iot~ of tom rehensive Plan Arnendm . p ant and
Appl~cat~an - lUlarriotk harden Addition ^ ll~asch Branch Raad - PA 0 0095
Dear Ron:
Enclosed is the applica#ion far a amprehensive Phan Arnendrnent f ar the newly
annexed Marriott harden Addition ~hereina~er the "Prv e . . p rtY ~t ons~derat~on of
. fit.
Cade which directs #hat the Denton Plan Amendment Pro cedars be used to
consider adoption an aendment of the Denton PlanF Pursuant ' to ect~on
3.5... ~ .c, vuhereb}~ the Dity Manager Ana recommend the initia i Y tan of such
ac#ronst the owner of the Property is requesting tha# the i Dana er lni i tY g t ate the
procedure for a cor~prehen~ve plan amendment for the Pro a a set fo p qty rth ~n
this letter and the attached application. This application is submitted with a request
for placement on the February ~ 4, X907 a enda far the Plannin . 9 g and ~on~ng
ommissivn.
The owner of the Property i JV PartnerslMar~Pro er#ies L#d. wh ~ . p one pr~nc~pal
address is asch Branch Road, quite 400, Denton Texas ~5~07, T he lard was recently annexed and the future land use designation far the Pro a i E-I
. i ~ p . As submitted in the Pre-Appl~cat~on process, the ov~ner is re ues i +/y
r ~ t ng ~ f-~nl~~ c~s~tn f tC # tie ~ ~ # fir ~ x~st' VV
~ t proximity ~f the airport, and the appiicabie Ai ort com a#ibiii Land . .
rP p ty Use Des#r~c# Regulat~an. As you are aware, the Props is located in the are '
~Y a designated as AcLUD~ and is therefore subject to thane r ulativn. The uses curr .
~J en#ly ~n place are all legal uses that were in existence prior to the institution of ann '
exat~on proceedings. The current land use began with the develo meat of the Pro '
p perty ~n ~ 999, once #hat date the owner has construc#ed buildin s and d
. 9 evelope~ the Property for use as an Indus#rial corn lex for the rims
p p rY purpose ~f
accomn~adating both heavy and Tight manufacturing and the truck traffic associated
with thane uses.
both light and heavy industrial uses currently exist an the Pra a and relate the
~ ~Y ~
land use on the Properly is classified as "Leavy f~anufacturin "under the ~~`'~r~i+'
~ ~ ■ ~ Y Zan~ng Ordnance which defines heavy manufacturing a "industrial a erations for
. ~ the product~an of a good using raw materials and mechanical ower and
~a p rnachrnry. During prior meetings and conversations with Plannin De artment g p
staff, they have interpreted the meaning of heavy manufactur~n to be thane uses r ~ ~
that begin with raw materials and involve processes that tuns those raw materials
inta finished cor~panent or products, The businesses currentl o eratir~ on the Yp 9
Praper~y that are engaged in heavy manufacturing construct items Pram raver iron
praduct, Including but not limited to aircra~ frames? fences, arnamental and other
hone ir~pravernent and remodeling products} motors cle arks and castor Y p
motorcycles.
Further, the buildings on the Property have been deli ned to accomnnodate hea ~ vY
manufacturing uses.; therefore, electrical and other Ada Cations have been made to
the buildings far use by both current and future tenants en a ed in manufacturin g9 g
processes. The Ernployrnent tenter Industrial zoning assigned by the Future Land
thereby render the principal use on the Property a nancanfarrnin use. The IO- . ,
des~nat~an requested by the owners allows heavy industrial uses with an SUP
which affords the pity the regulatory antral that it desires while allawin the 9
Property owners to continue wrth the use of the Probe in accordance with the
development plan that began in ~ gg. currently, #~nants en a ed in hea gg
manufacturing uses Mave leases that range from twv to ten ears. Due to the Y
~nvetn~ent nude by both the owner and tenants in custo~n~zing buildings far these
heavy manufacturing uses, even at the end of the existin leases, viable future . g
The goals and objectives of the Denton Plan which call far the orderl develo ~ment
Y p and ranagernent of balanced growth to maintain a diverse econarn with
« ~ v~~artun~t~es far a full array of land uses will not be adversely impac#ed b
. y zar~~ng designation of l- far the Property. In this case, the current land uses far
the Property have been in place far a number of years in the i 's ETJ while
growth has expanded out tv the baundades of the Property,
~Exist~ng 1'an~ uses fiat urraun~ and that are nearby a fro a inctu~e
p ~Y E-I, NR-~ and IO~O as shown an Exhibit ~A". Exhibit "A" shows an area to the
autheat of the Property vwrith adjacent l- and NR~~ zanin deli nation ~ . he
. ~ g 9 ~ . proposed zor~~ng clas~#icat~an of I~ i cansrtent with p~erns surra~nd~ the
~ ~
unrelated to adjacent and nearby districts. The cols and ab~ectives of th . ~ .
9 ~ e ~ : n - U-
Plan would not ~e adversel affected Y b ~on~ng the Property as 1, Due
location of the Pro ~ In t to the . ~ rty he area des~~nated a Al`UD~ a ~ •
A~ ort its nd its pro~~rn~ty tv the rp de~rab~f~ty for use as an hin other ■ . Yt g than an ~ndustr~al corn fe
severely l~rnrted. ~llowin this Pro e p x ~ q p dy to cont,n~,e as an industrial corn 1
a s ~ p ex ~r~~~_~ .
nonconform,ng ~ reasonabie and serves the
buii ' qoa~ of conserving the value of d,ngs and encouraging the most ~ ro pp prate use for the land. Due to the
location of the Prope in the ar ea designated s A ~
redominan ~ UDC, its current p t heavy +ndustr~al use, and the nea - . y l E ~on~ng classifications
provide substantial reasons wh the Pro . Y pe~y cannot be used ~n accordance with
the E-i ciass~fica~~on.
A set forth in the service Anal sis 1 ervi Y ce Pian deveioped by the , of Denton
~r~ fY
water end ~ , waster~ater lines s well befn serviced
there ~ by both DMA and TAU; fore, the proposed l- zon~n would n . . ~ of affect the provision of serv,ces to
the Property.
The Property owner has ent a nu~rb ~ er of years deveioping and marketin the
property a an industrial 1 rnanufacturin . q complex and would ii~e to obtain zonin
consistent with the primary uses at that locati q on. There are a tots! of G~ peo ie
that hold various fobs at the businesses r p orated ~n the Marriott harden Addition.
Thy f'~ ~ ~ ~ u •
stone and ' ' ~ ~ ~ that revisions will be made when r~varr
bell ~ ~ anted . The Properky owner eves that ~n th, case a revision to l~- is war
th ` ! ~ ranted and respecifui~y requests e qty s con~derat~on of this a ~lcati . pp on far an amendment to
the
orn~rehen~ve Plan.
~IVe w'ril provide any additional information '
. wh,ch may be necessary for s#a~ evaluation and consideration b both the Diann .
y Ong and ~on,ng omm,s,on and pity our~cil. As noted on the a lication f
ply orrn, i~llr. Marnott ~ the pnma~ry contact however, ~f you have any uet~ons leas
q , p e feel free to give ~e a call as well.
sincerely,
~a~tr~ . ~d-~
Lot 2 of Marriott Garden Addition
a 8
SITE
ETJ ~
.n~~ w`
~Eg,2RC~
City Limits Q
Parcels
- Streets
NR-2
- EC-I
IGE
- RCGN
Ekh~ bar
EXHIBIT 9
~ ~ ~ ~ ~
~ ~I~h~IIDNER UVATIIVS; And that brings us to ~E, 'I ~r~p~rty, And we are really not a bad neighbor at all, .
rezoning of a~pr~irnately acres for Dural Residential RD-~ Actuall~r, that co~rr~ty farce! was donated by the h~arri~tt
zoning district to an Industrial tenter general coning family. Their gave ti~at piece of land to the o~~tyr. ~ that
4 district, Rory? 4 was donated to th~n7~ `here ire developments that they have in
~ I~IR, I~E~VUITA: hairrnan~ end members the ~ town that they are'in discussions with the it ~b~ut donating
. ~ ~onll~issiok~. abject property ~as a had ~dls~cussed rlier of 6 easements and thlr~gs li~C~ that 1I~~ are really nova had .
7 ~1~sch branch and l~niversity Dave, cur~entl~ ~r~ed R~-~. The ~ r~eighb~r, Vlf~ d~~d have ~ slip. And when I had gotten phone
ir~ltial zonir~~ due to an ant~e~cation, o~trrentl~+ annexed property oal~, being told by my client that they were g~ir~g to be
~ to tC~e Katy. Tire property owner is requesting that it be annexedf and I said what did y~~u do, did you dv sornething~~
~0 r~or~ed to I-, I am sorryf Industrial tenter ~r~~ral. ~0 And he, basicallyr said a expanded on a building. And I paid,
~ ~ According to tl~e A~pplioat~tr the purpose of the ~I'I sorry And ho paid, okays I understand that. A~r~d so a messed
~ rezoning is t~ rezone the proprt~r to be consistent with the 'I end got annexed. .
~ ~rop~rties that are there currently. The current z~nir~g does 'I I don't knew that It is punishment to be annexed . .
. ~ ~4 nit permit ~indpstrial office uses. ~au~ing the subject property ~I~ .to the pity. Est rrt}+ arguments fo.r this g~ ~rlr~aril~r t~ the
to be subject uses t~ b~ legal nor~o~nfprming uses. ~5 r~oncor~fprrrring use status, Because a have industrial users out
~ In cortjur~ction to thus r~~prring request, is the 'I tl~ere~ And a have in the past Y° that~s I~p Borne of our users
..'ll comprehensive Plan An~endmer~t.rep~est, which you all voted to 'I got large as they did as their bu~inesSes grew, they
~ approve, Therofo, staff's recommendation at the time of this 'I asked for additional spaces And without the ability to expand
~ Staff report to bo pre~ar~d was for denial, 'I those, they are going to go somewhere else ar~d a are going to
~ ~ioever~ learnir~~g that orrin~issi~n has approved tl~e ~ have big vacant spaces UVe have one actual ir~d~stt'iai user comprehensive Plan Amendment, moving ~to tk~e
fir~dir~gs, p~r~uant 9 ~ that we wouldn't a~l~.him to expand bemuse of some issues
~ to ~~'S.~~B, ~ z~ning~ arner~drner~t shah he issued only when the . ~ with him. And he did move ors somewhere else So that~s a
. following standards a~ mot. The ~rst.standard is that tho reality ~f the business side of this for us.
4 foiloir~g rezor~ar~g conf~rrris with the future land use ~ This --and this area is not developed. The
designation, ~ property thatfront~ 38~ is not developed. It is vacant It,
T~FFEL ~4l~ITE DEIV~~f, TE 4~-Tg7? TFF'~L SITE DEAN, T g40-~~-7~
~~I
flow, ~f whorl o~e this forward to pity Coun~il~ ~ 'I ~ ~basically~ has sorr~e~littl~ strracture th~t~loolCS like it~~eeds
end they taice~~your recornmendation~a~nd thou a~prav~ the ~ to be tern down, because it looks protk bad But there Is
~ornprehensive Plan r~endrnentr staff must agree upon that tho nothing going ~r~ there.
~ 4 zoning does conform with the future land use tlesigr~ation. ~ And, basicailyf with the percentage of heavy
l~o~ f the proposed rezorrir~g facili+ facilitates ~ manufacturing uses that a knave, and with the concern with the
the adequate provision of trans~ortatior~, watery wastewater, reg~irement that a would have to come back inf and or that
schools and parks, and other requir~rrrer~~ ire the public 7 e would not be able t~ expand t}~ose nonconforming used tl~~t"s
con~renlenc rho subject property was served with water and a big issue i`ar u. The control the pity has, with that P
sower on~the property, h~a~ch ~ran~h is ~ ~las~ified co~leckor ~ process, because we are going to have to come bacl~ for an IJP
road. However, it is not built to its current standards as a ~ 'I ~ for that heavy industrial,because it is not a grant by an
collector. E~,t~,re uses or future expansion of this facility 1'I~ I-~ it is a grant b~ SUIT. rr~ay dictate that the road be brought up to standards. '1 ~ yon
do lave those controls and those huffers~
~ ~ 1Nlth that, Staff is going recorr~rnet~d approva~f ~ l~eroas opposed to the just standard nonconforming use status
with what was prevl~u~ly voted on an the comprehensive p~ar~, I 'I a can stay there forever. And if we wanted to do antl~~ng~
would be h~ppY to answer any questions, And tho Applicant is 'I nor we can't do anything But, alsof the pity doesn't get any
. ~ here, if you would lio to ~sEc her gutions about it. ability to come in ar~d say, oiay~ a want some additional
"1~ ~h~h~IID~IER V~ATIiVS; uestions~ ~ buffer and any other re~uirernents, So I thir~lc really that's
f5, ADAMS; Again Patricia Adams with ]~1~ tho pity"s control, And I do ask for Yo~~ again, to give us
~9 Partners, N1ar-Properties, Ltd,, 8~ Masch 6rar~ch ~~ad+ Benton, ~ consideration on that end a are really not bid neighborsf
~ Texas, ~~~7~ ~ and a would like the I- zo~r~ir~g, Bit thank you so muchF
~ I want to thank yore very much for corlsidet"ing our '1 ~D~1h~ISIIVER 1ATINS; ~flyon~ else to speak?
~pmp Plan Amendment. And I have a whole list of things I want uestior~s~
~to ~tallc to you about. Zpning~ esset~tiallyf which Borne of it I ~I l1NNrrd~fA~1: r+~r. Chairman, at this tirr~e I need
4 co~rercd in the comp plan discussion But I guess I want to 4 for fir. ~lerxguita to make cjarlfication~ Ir1 his r"ocnmmendation
start out by saying that it has been a long history with this to tl~e ornmision, he recarnrrter~d~ed an approval. Howe~rer, it was
TF1=E~L 1~~DITE DEkVT~IV, TEA g4~~-g~'g~ TFFEL ~ ~I~ITE DEkVT~IV, TE g4g~~~~7
n~fn~~~n~~ yn~n~{in inn R~n~ ~1f1~.~n iii of ~~1 ~$.~f31 sh~e~ts
v~f Y+r-f 4- u+.+w
~I~~
'I pre~rlously ~ recommcnda~pn ~~denial. I wanted to clarify 'I asing~thisr that q~esti0n, is because why it name in, when we
that you aro~ indeed, cher~ging tf7e re~ontm~r~dation~ cr did you blar~k~t ro~or~ed the City to the E~ ir~st~ad of the Industrial mis~~ote or, essen~~allyf there is' ~ discrepancy
ire tl~e Center, I tl~inl~ ft had do Cth that case. That's coming
recommendation verl~al~y in the re~omm~nda~on that was written. ~ me nor and i dust now rern~mC~orod.
5 ~1R. MENGUITA; based on the 1=lndir~gsr again ~~f~.N~II~N~I~ 1NATlCI~l~: I thought you were older
pursuar~tta the criteria for a ~oning case, the Stiff's than that
~ re~ommcntlation is to recommend appro~~[, ~g~il~, because ]t fs ? ~~f~M~I~NEI~ THOMAS: Ak tl~e end of tbo nightf I
cor~siskent, agalnf going back the vote that way previously am feeling that way.
yoked ors ors the comproh~nsive plan That"s tafP'~ M~. A~AR~~: I~~can answer that, a~kually, I iii
~ ~ recommonda~or~~ ~1ar~ to 'I ~ just kind of that vue were the .property that actuary did
~ M~. CU~.I~I1~HA~1: I think a ~cr~o what you moan '11 lave the batch~r~g plant out tnerc. And it was out theme for ~
~ioever, ire your ~tafF report you said ream menda~or~ of 'I number of yours, Actually, the history cf that was that the
der~lal, Sa a just wanted to mare sure khat you that if your 'I Marriotks went to khe Cfty of ~onton way hack and a]d~ you
"l had some reasons remm~nd d~niaC in your Staff report I 'I know, wh~ro you want to put our hatching plant because
~5 would assume tha~tr from a legal standpoints I don`t C~no, I'm '1 ~ e know that you are not going to Ike it. ~o it was out
~ asl~fng tl~e guostion here, would you maintain your ~ t#-rere. And as ~e~reloprnent came out, people didn"t lil~o it. So
~7 roeomm~ndat€on, since It Is already written and tl~er~ it wo+~ld ~ ~ what happor~ed was the anr~e~catlon pr~coss started.
~I he the discretlon~ of the ~lar~ni ng ar~d ~onlr~g ComrnlssCor~ to 1 And I was retai nod at that time ko say a don't
9 overturn your recomrnendatior~. 1 really want to be ar~nexed~ fur real ncern was that hid
0 Mfg, ICI~I~HT: That would be a correct statement, ~ thC~ permit from Dentan to l~avo this hatchlr~g plar~t~ ~4nd so, .
~ yes. ~ 'I basically under khe law at that time and currentlyf ff a use
MR, ~~9~IVClJITA: i will retract my rocorr~m~fld~tion is already eisking at the tirrto of aflnaation~ or days
ar~d basod~on tafF's the staff report that was prepared before, thin it is essentiall~l going to b~ a~ioed. ~ Staff is recommending denial erg the coning user tl~oreason
o, a~alr~, a are realf~r~ not bad o went to Cie
being that it will create an isolated zoning district in the good neighbors, o entered into tl~ls agroerrtent not to anne~
T~~'EL ~ ~~I~TE~ ~ ~ENT~, TE?~ g44-~~-7g~ T~.FFC~L ~~~TE C~EIVT~N, TE ~-~~~-7~7
X14 ~
~ ~r~a~ and that's staff s ro~~mmendation, '1 vie didn't want to ha~r~ a big lawsuit with tf~o City of Dentan~
~~MMISIOI~ER TH~f~A ~1r. airman unfortunat~Cyr And e, basically, agreed that for a period of five years e
e don't have any Staff that's boer~ here as Iong as you Dave. would not he annexed, ar~d use that plant for our own drivea~+s
4 That was a compliment, by the way, ~ ar~d tf7Cngs, and w~ would move,
. ~ C~~1MI~~CVE~ I~ATICINS: No;~ It was not. ~ . So we did move it during that time p~rCod. So
COtw1~C~1ISSI0NE~ THQI~AS: Co~ild you refresh my memory ~ that's what got ras on tf~e anr~eatian radar screenF And then we'
7 hecau many years ago there was a fit of a turmoil o~,t in this 7 ended ~p puttfr~g that agre~mer~t into pace, And a goofed and
ar~a~ And Y thinf~ it was riot this sfte+ but, quite expanded a building and got annexed,
~ honesklyr ~ think it is this site t~at~the bounty leas now ~Of~MISSI~EC UYTIY€V Wasn't Selwyn school the
involving a ~or~ing~ Arid an order to got it rezoned, because ~ 0 one #~at initially
~ they were ar~ting to put an aspl~ault plant out there, is tf~at ~'I M. ~bAMS: ~efyn Sohool~ ar~d ~1CVT complained
~ the site that tF~e Oounty fs one Isr~"k that the site that they ~I about their~obs~rvatory~ hjeh f~ a very far diszar~ce away ~o
'I were wanting to put the asphault an? tl~ore worn people that had concer€~s~ So it was only here to ~ ~ ~ COf~MII~NEI~ 1NATINS; I khirlk that's true. The '14
continue for tf7eir own stuff, and then it got moored. ~o that
most recenttfi~ing~ tf7e County didn't come to a cor~clusfon about ~ was the history. It wasr~'tthe ount~r~ so
'I being ar~ne~d until afker it had to be posted the last tfine, ~ ~ COMN9I~I~fVC~ 1NATlf~S: Thank you ThanCc you.
~7 MCA. ~IEIV~UITA; That's correct. ~7 uestlo~~? Compiir~er~ts?
~8 COMNiI~SX~NE~ V~ATIl~S: Vat`s a year ego, six C~Mf~I~SI~NE~ SCi•iAA1E: ~ appreciate tf~e
'1~ months ago, or something. recommendation from the Staffr too, ~ecaUSe I t1~lr~k what he was
MR. MENCl~1T~#: ~ight~ When t~fs property was ~ sirrypl~r saying is that once the Oornmisslon has gone ahead ar~d
~ belr~g ann~edr a seat out I~tters for properties being ~ '1 approved the amendrn~entr or the change to the cornprehonsive
considered for anr~e~ca~on. And, as ~9r.l~atklns saCd~ w~ didr7Tt plan, if tf7a't is aeo2pted~ .indeed, it means that this ~onir~g
get a Iotker frarn the aunty any time. ~ Eut i don't know if change would conform to the comprehensive plan, o I see the
~ that's tf7e locaklonr actuall~r. 4 rationale for that alteration in tf7e recommendation.
C~MMI.I~1~E~ THO~9A Nell, the reason tf7at I am NiR, CUNNIIV~HAM; ~f I mays arnmissioners, i ~vould
T~FF~~ ~ A~I~TE DE~1T~1~, T~4 9~~-~5-g?'9? T~F~EL ~ ~~ITE DE1VT~.N, TEA X40-~~~~g797
,n ,.k~-~~ tw..:.,~,. D~r,~ 11~ f~, y r,~ 17~ C1df[1?17n~]R 1 n'.~1R'1[7 AM
Gt? UI Jl ZPIICCLb UUW%- Lr.-P Lu siW WP ,64-4,• •f v r o~~.. • t
~rrfd ~Ov.+~J+L'].ti S••Vvn-'•j}}.~ ^:}:•+4_' IJ.+}...+..:• i.-. f• n. r f,: ,r 4, •f - n~.
~ ii~~ t~ direct your attention, j~rst for edification purpos~sf 'I
rf you o~idr that if ~rou chose to rec~rrrmer~d a~pro~~ ~f tl~o
zoning ch~nge~ I just want .tO broaden the ~horiz~r~ tl~~t this ~ ~
.4 will not ~~~just ~I~o these existing uses. That will open ~ .
up the gates ~o allow a!I uses tl7~t are ~orrr~itt~tl within tl~~t ~ .
z~r~ir~g district. I just went t~ ~~I~r~f that
.T ~ ~ ~O~1~li~~I~NEf~ TH~f~~; UV~I~, v~o~ld yon li~C~ to ~
~~and upon that ~t this time shout alf tC~e allowable uses,
sEr~~~ are educating us?
~1E. ~U~l~NIlV~lAI~; I +iil de~erto R~~1r if you 'I~
~ would f rifer to. the alternative uses for that zoning ditri~k~ 'I'~
~lnd jest if you would read that into the turd, ~l~~s~~ 9
'I 1, 1ENI~UITA, In the l~~Cku~7r I ~r~t to r ~ 9
. ~4 don't have gage r~umber~~ but ~~~k pf the ba~u~ is a list~of ~4
~5 perrnitt~d user bob in the ~~-5 as well as the I~-I~, If you ~
~ ~Io~l~c at the industrial land use categories '1~
C~~1NIISI~NE1 EACLET~~i~~ 1~~. '1~
~ ~ ~ N1FNlJITA~ P~g~ 1~.~, If you Ioolc ~t I~-~~ . .prir~tir~g and ~u~li~iling is ~errnitted with ~ lir~it~ti~~. ~9
~~aeries~ r~ar~ufactured fooc~r food ~r~~~~s.in~., light ~ ~ 0
'I rnanuf~ur~rr~, h~~ rnanuf~~t€arin~. ~~atri~ia rr~entkor~tl, if
they ~r~~t~ p~~su~ ~ ~h~av~man~fac~ring user they w~r~
r~quired~.ta apply far a S~orific~Use Perr7~it. 1holesale sale~~
~ wholesale nurseries,. distr'ibu.ti~n ~~r~t~rs, wh~le~ale storage ~ .
~ and distribution, self4s~rvi~~ stora~~, ~or~stru~tion materials
T~FFEL ITE ~E~VT~~I, TE7~A ~~~-X65-~~ TFFEL ~ ~IATE ~E~1T~1, TECA 4~-~~-977
~ sa~esf jun~Cyards end auto r~~l~in~. Againf that's witf~ a
p~~ifi~ use per~niit, And sanitary.landfil~s, ~~Cn~r~ial .
incinerator~f transfer solutR~nsr alp, end then a gas well . ~ .
4 development with li~it~tion~ o tl~o~~ ar~~the uses rr~ot~fiely 4
~ at that lo~~~tion~
~~N1h~II~NE~ Thk~I~A: ~1r. h~i~mdnr ~ don't see B
7 anything oneraus about ~f th~tr so ~ r~o~+e that a recornrr~end 7
this to ~uncii for approval,
~ N1N~II~~fVE~I UUATIiV That"~ ~ ~otio~r~, ~~or~d7
1 .All ri~hty, Pl~~s~ vote on the hoar. seven to zero. 'I'! E~c~ellent~
~I ~ I+~. A~A~1 Thank ~rou o much. ~ .
~ ~
~4
~
~ ~
~I ~ ~ ~
~
~
0 ~
~ ~
~ ~
TFFEL ~ ~I~ITE ~ENT~N, TE ~4~-bib-~~9~ T~FFEL ~~ITE ~EIVT[V, TE ~4~-b~7~
~a1~~~~~~r~~ y~n~r~~.1.n nr~ ~ .P~~~ ii7 t~ ~f ~i ~ 3~ ~f ~1 shuts
' . • r.:rx ti:
EXHIBIT 10
s:lour d~cumentslordinances1~81z~?-0~01.doc .
DRDINA.NCE NO.
AN ORDINANCE OF THE CITY OF DENTON; TEXAS, PROVIDING FOR Il~ITIAL ~ONINC
To DUTR~AL CENTER GENERAL ~~Nnv D~sTR~~T LA~~~AT~~N ~
~E DE~CrNATION FoR PROPERTY oPRII1~ APPR~XATEL~ ACRE ~F
LAND LOCATED NORTH OF U 380 ~ wET OF MASH BRANCH ROAD, AND
LEGALLY DEORIBED LOT ~ OF THE ARRIOTT GARDENS ADDITYON, IN THE CITY
OF DENTON, DENTON BOUNTY, TEXAS; PRO~~D~N FOR A PENALTY IN THE
Al1~O~NT OF Z,000.0~ FOR ~IOLA.T~ON'REOF, EVERABILITY AND AN
EFFECTIVE DATE. {~~~-000 ~ }
wHEREA, Partners inc., has applied far initial zoning for~approximately 3 acres;of
land legally described as Lot ~ of the Marriott hardens Addition the "Propert'~ to Industrial tenter
General going district classification aid use designation; acid
wHEREA, on March X008, the Planning and honing Commission recommended
approval of the requested zanxn; acid
wHEREA, the City Council finds that the change is consistent with the Denton flan and the
Developn~erit bode; NOw, THEREFORE,
THE COUNCIL OF THE ITS' OF DENTON HEREBY ORDAINS:
SECTION The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true..
SE'I'ION The ~oning distnct Cl2~ssificatlon and U~S~ designation for the Property 15 ller~eby
established as Industrial tenter General The Property being rezoned includes all property to
the centerline of all adjacent street rights-of way.
SECTION 3. The pity's ofcxal zoning neap is amended to show the new zoning district
classification.
SECTION If any provision of this ordinance o~ the applicatioaa thereof to any person or
circumstance is held invalid by any court, such invalidity sha11 not affect the validity of other
prov~s~ons ar appl~catlons, and to this end the provisions of this ordinance are sevearablo,
SECTION 5 . Any person violating any provision of this ordinance shall, upon conviction, .
be fined a ruin not exceeding $2,00.00. Each day that a provision vfthxs ordinance is violated shall
constitute a separate and dlst~nct offense,
SECTION This ordinance shall become effective fourteen {14} days from the date of its
passage, and the City Secretary i hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published the pity ofDenton,
Teas, within ten {10} days ofthe date ofits passage
i
s.lo~r d~curra~n~slor~~na~ces1~81z07-Q~41.~oc
~ASEI~ ADD AP~~~E~ ~'hi tie dad a~ ,
PARRY McNEI~~, ~VIA~R
ATTEST:
DENIER A~TE~,S, ~'T~" SE~,ET,ARY
APPR~~TED AS TO LEGAL E0~14f
EDEN ~VI S~~R, CITY ATTORNEY
,~„~~""r~y~
,r
i
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene, (940) 349-8354
SUBJECT: Z06-0029 and Z06-0030 (Rayzor Ranch)
Hold a public hearing and consider adopting an ordinance amending the Rayzor Ranch
Special Purpose Overlay District encompassing approximately 410 acres of land and
generally located on both sides of U.S. Highway 380 (West University Drive), between
Interstate Highway 35 and Bonnie Brae Street with consideration being given to
amending the development standards for the Rayzor Ranch Overlay District as well as
establishing additional development standards applicable to this Overlay District
(including architectural design); amending Chapter 35, Subchapter 7 of the City of
Denton Code of Ordinances, "Denton Development Code", "Special Purpose and
Overlay Districts" to amend section 3 5.7.13 "Rayzor Ranch Overlay District"; providing
a severability clause; providing a penalty in the maximum amount of $2,000.00 for
violations thereof; and providing a severability clause and an effective date. The
Planning and Zoning Commission recommends denial (3 -2). A supermaj ority of the
City Council will be required to approve the request.
BACKGROUND:
Applicant: Allegiance Development Dallas, TX
The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is
currently undeveloped except for a vacant self storage facility (partially demolished).
The applicant proposes to construct a combination of retail and single family residential
uses. The parcel south of U.S. 380 contains approximately 257 acres (Southern Tract)
and is undeveloped (a single family structure was recently removed). The applicant is
proposing to develop a combination of retail (pad sites and an outdoor mall), residential
(single family and multifamily), two hotels, offices, museums and park uses.
On March 27, 2007, the City Council approved a Comprehensive Plan amendment for
the Northern Tract from "Neighborhood Centers", "Existing Land Use" and "Community
Mixed Use Centers" land use designations to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the first
phase of the Rayzor Ranch Overlay District for the entire 410 acre Rayzor Ranch site and
a rezoning of 53.65 acres of the Northern Tract from Neighborhood Residential Mixed
Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community
Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center
Commercial Downtown (RCC-D) as modified by the Overlay District
On May 15, 2007, the City Council approved a Comprehensive Plan amendment for the
Southern Tract from "Neighborhood Centers" to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the second
phase of the Rayzor Ranch Overlay District which amended the standards of the District
and provided for a zoning change on approximately 223 of the total 410 acres of land
within the District from Neighborhood Residential 6 (NR-6), Neighborhood Residential
Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and
Community Mixed Use General (CM-G) zoning districts to a base zoning district of
Regional Center Commercial Downtown (RCC-D). The zoning change request included
approximately 53 acres within the Northern Tract and 17o acres within the Southern tract.
On January 8, 2008, the City Council approved the third phase of the Rayzor Ranch
Overlay District which amended the standards of the District and provided for a zoning
change on approximately 87 of the total 410 acres of land within the District from
Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU)
districts to base zoning districts of Regional Center Commercial Downtown (RCC-D)
and Neighborhood Residential Mixed Use (NRMU). The amended standards were as
follows:
a. Permitted single family detached (up to 185 units), single family attached (up
to 496 units), multifamily (up to 75o units) and office uses in the Southern
Tract subject to conditions that would require phasing of multifamily to
ensure a mixed use proj ect was developed.
b. Corrected the zoning boundary description to match subsequent plats.
c. Replaced the Master Site plan with the most updated version to reflect the
latest development layout.
d. Added language that clearly defined maintenance of private areas by a
Homeowners Association or a Property Owners Association.
e. Ensured all ordinance exhibits are correct.
f. Corrected conflicting language between wood fence and masonry wall
requirements as they are located behind the large retail boxes.
g. Delayed requirement to install buffer landscaping on Bonnie Brae until after
DME substation and a proposed 36" waterline have been completed.
h. Allowed residential phases to move forward conceptually, required detailed
site plan at a later time.
i. Required Specific Use Permits for all gas well development.
The City Council is now being asked to consider an amendment to the development
standards of the Rayzor Ranch Overlay District, which does not include any additional
rezoning. The applicant is requesting to amend the architectural standards of the Overlay
District to permit construction of a proposed Best Buy retail store (Exhibit 9). The
proposed amendment is described in detail below under Applicant's Proposed
Development Standard Amendment.
The properties surrounding the entire 410-acre site are being sent notices for each phase
of public hearings since the proposed amendment affects property on both sides of U.S.
380. Public notification information is provided in Exhibit 7. As of this writing, staff has
received 3 responses in favor, 2 responses in opposition and 3 neutral response from
property owners within 200 feet of the subject site.
On March 26, 2008, the Planning and Zoning Commission considered this case and
recommended that it be held under advisement until April 9, 2008 with the public hearing
held open. The Commission directed staff to work with the applicant on amending
language to the architectural guidelines of the Rayzor Ranch Overlay District that would
permit the proposed Best Buy store elevation (Exhibit 9) while not compromising the
architectural integrity and uniqueness that has already been established for the district.
Staff continued to be opposed to the requested elevation in Exhibit 9 but worked out a
compromise with the applicant for the Planning and Zoning Commission to consider if
they had chosen to support the applicant's request (see below). A second public hearing
was held by the Planning and Zoning Commission on April 9, 2008, and the Commission
recommended denial of this request (3-2).
OPTIONS:
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATIONS:
The Planning and Development Department recommends denial of this request.
The Planning and Zoning Commission recommends denial of this request (3-2). A
supermajority of the City Council will be required to approve the request.
PRIOR ACTION/REVIEW:
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of
Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended
approval 7-0)
8. March 27, 2007 city Council Public Hearing Regarding Northern Tract
Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District
(The City Council Approved 7-0)
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive
Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of
Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval 7-0)
12. May 15, 2007 City Council Public Hearing Regarding Completion of the
Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay
District (City Council Approved 7-0)
13. November 28, 2007 Planning and Zoning Commission Work Session and Public
Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning.
(The Commission recommended approval 6-0)
14. January 8, 2008 City Council Public Hearing Regarding Third Phase of Rayzor
Ranch Overlay District and Rezoning (City Council Approved 7-0)
15. April 9, 2008 Planning and Zoning Commission Public Hearing Regarding
Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed
Best Buy Elevation. (The Commission recommended denial, 3-2)
EXHIBITS:
1. Staff Analysis
2. Aerial Overview of Entire Subject Property
3. Site Plan of Northern Tract
4. Existing Zoning for Northern Tract
5. Site Plan of Southern Tract
6. Existing Southern Tract Zoning
7. Notification Map
8. Approved Retail Architectural Elevations
9. Proposed Retail Architectural Elevations
10. Minutes from the Planning and Zoning Commission
11. Ordinance
Prepared by:
p ~ x
Chuck Russell, AICP
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director, Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFFANAL YSIS
CASENO: Z06-0029, Z06-0030 DATE TO BE CONSIDERED: May 6, 2008
LOCATION: The property is located on both sides of U.S. Highway 380 (West
University Drive) between Interstate Highway 35N and Bonnie
Brae Street
OWNER/ Allegiance Development
APPLICANT: 14881 Quorum Drive, Suite 950
Dallas, TX 75254
RE VEST: To amend the Rayzor Ranch Special Purpose Overlay District
encompassing approximately 410 acres of land generally located
on both sides of U.S. Highway 380 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street with
consideration being given to amending the development standards
for the Rayzor Ranch Overlay District as well as establishing
additional development standards applicable to this Overlay
District; amending Chapter 35, Subchapter 7 of the City of Denton
Code of Ordinances, "Denton Development Code", "Special
Purpose and Overlay Districts" to amend section 35.7.13 "Rayzor
Ranch Overlay District"; providing a severability clause;
providing a penalty in the maximum amount of $2,000.00 for
violations thereof; and providing a severability clause and an
effective date.
REC0IVIMENDATION: Staff recommends denial of requested amendment
to the architectural standards.
ZONING Rayzor Ranch Overlay District.
DISTRICTS:
COHPREHENSIVEPLAN "Neighborhood Centers" and "Regional Mixed Use
DESIGNATIONS: Centers"
SITEAND SURROUNDINGS: The property is currently undeveloped.
North: Neighborhood Residential 3 (NR-3), Neighborhood Residential
Mixed Use 12 (NRMU-12); Office, Townhome, Single Family
Detached, Undeveloped Land and a Church
East: Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and
Community Mixed Use General (CM-G); City Parks, Retail and
Single Family
South: Downtown Commercial General (DC-G) and Regional Center
Commercial Downtown (RCC-D); Hospital and Office
West: Regional Center Commercial Downtown (RCC-D), Community
Mixed Use General (CM-G) and Industrial Center Employment
(IC-E); Retail, Commercial, Lodging and Undeveloped Land
BACKGROUND INFORIVIATION:
Northern Tract:
The applicant is proposing to develop approximately 892,000 total square feet of
commercial uses on the Northern tract which will consist of 454,000 square feet in three
"big box" retail centers 287,000 square feet of smaller "junior box" retail uses 100,000
square feet of stand-alone retail, office and restaurant uses in addition to approximately
112 single family detached and attached units (townhomes). Two gas well pads are also
proposed along the north side of the subject site. The retail portion of the Northern Tract
will comprise approximately 107 acres with the residential area using the most of the
remaining 46 acres.
The Northern Tract will also include approximately 9 acres of open space that is being set
aside to serve primarily as a drainage and water quality feature (This area may increase in
size). There is also a large water mitigation area being proposed on the northwest side of
the tract. The applicant has worked with staff to utilize the latest guidelines from the
North Central Texas Council of Governments regarding control of the materials that
typically flow off of commercial property during storms. The water quality feature will
be the first of its kind in Denton and will help prevent materials from entering North
Lakes pond across Bonnie Brae Street from the site.
The approved commercial zoning for the Northern Tract is based on the Regional Center
Commercial Downtown (RCC-D) zoning district as modified by the Overlay District.
The permitted uses have been modeled on the attached Master Site Plan. The request to
change the base zoning for the proposed single family residential subarea will be brought
forward for public hearing at a later date.
Southern Tract:
The applicant is proposing to develop a total of approximately 1,166,000 square feet of
commercial uses on the Southern Tract which will consist of 450,000 square feet in three
large department stores, a junior anchor and a book store; 419,000 square feet of retail,
theater and food court uses incorporated into the outdoor mall; and 234,000 square feet of
standalone retail, restaurant and grocery store uses. Two 8 to 10 story hotels, a
continuing care facility and approximately 360,000 square feet of office space are also
being proposed. Finally, the applicant is proposing to develop approximately 185 single
family detached units, and 496 single family attached units (townhomes) and up to 750
multifamily units on the Southern Tract. Two gas well pads are proposed along the east
(Bonnie Brae) side of the subject site. The Southern Tract will also include
approximately 18.21 acres park land which includes a 15-acre central park that is planned
to contain an outdoor entertainment facility and one or two museums.
APPLICANT'S PROPOSED DEVELOPMENT STANDARD AMENDMENT:
Amend Architectural Guidelines for Proposed Best Bu~(Exhibit 9~
During the entitlement phase of this development staff noted on several occasions to the
applicant that this project should be designed with a central architectural theme and
vernacular that would unify the Town Center and Marketplace and provide a color palette
that would limit the permissible colors.
Exhibit D of the Rayzor ranch Overlay District incorporated the following language
regarding acceptable colors:
Building design shall contribute to the uniqueness of the development with
predominant materials, elements, features, color range and activity areas tailored
specifically to the site and its context. In the case of a multiple building
development, each individual building shall include predominant characteristics
shared by all buildings in the development so that the development forms a
cohesive place within the zone district or community. A standardized prototype
design shall be modified as necessary to comply with the requirements of this
su section.
B. Building Materials:
Fronts and street sides of buildings, excluding windows, visible from the public
right-of way shall be non-reflective and shall be of wood, masonry, stone,
concrete, decorative block, stucco, HDO board (in accent areas only) or other
high quality material customarily used. For purposes of this subsection
nonreflective means materials with exterior visible reflectance percentages less
than 27 percent.
Acceptable material and color palette (reference Appendix A-D):
Limestone-varying colors, sizes and textures;
Concrete -Architectural finish. Texture coated or textured and colored.
Masonry -Brick or decorative CMU.
Galvanized metal panels or prefinished architectural metal panels of a
neutral/earthtone color.
Painted siding of a warm, neutral/earthtone color in accent areas only.
EIFS or stucco of a warm, neutral/earthtone color.
Accent colors of a warm, neutral/earthtone range are required but should be
used in a limited manner.
Natural metals such as but not limited to zinc and copper;
Natural wood, stained or painted.
Roofing: metal shingles and panels, or slate in galvanized or natural/earthtone
color.
The applicant's request will require either changes to the approved color palette and
language described above or amending language will need to be approved by the City
Council that will permit an exception to these standards for Exhibit 9.
ANALYSIS:
Development Code/Zoning Analysis:
Section 35.7.3.D. of the Denton Development Code states "Regulations or Design
Standards for any Special Purpose and Overlay District shall be designed to reasonably
promote the purposes of the district, and may require or address any of the following, in
addition to or in lieu of other regulations affecting property within the Special Purpose
and Overlay District.
1. Protection of features designated as being of special concern within the district;
2. Mixtures or limitations or permitted uses;
3. Special performance standards and development regulations;
4.Other matters as appropriate to promote the special public interests of the district."
Staff will not support the request to amend the architectural guidelines in part as a result
of the recently revised VVaI-Mart and Sam's Club building elevations that removed the
blue from their color scheme and our plans to keep the design and color scheme cohesive.
Staff feels that it is imperative to maintain the integrity of the established guidelines in
keeping with Section 35.7.3.D of the Denton Development Code listed above.
However, should the City Council choose to support the applicant's request, staff
recommends that the elevation depicted in Exhibit 9 be a onetime exception to the
architectural design guidelines of the Rayzor Ranch Overlay District. Should additional
exceptions be requested by the applicant for other elevations, staff is willing to support
new language in the Overlay District that allows staff to consider these exceptions on a
case by case basis. Staff also recommends language be added that allows the applicant to
appeal staff's decision to the Planning and Zoning Commission should staff recommend
denial of the exception.
DEPARTMENT AND AGENCYREVIEW:
The Planning and Development Department reviewed this application independently of
other Departments within the Development Review Committee.
FIIVDIIVGS:
Section 35.7.3 of the Denton Development Code states "The creation or amendments to
an Overlay District shall be made using the Zoning Amendment Procedure". Pursuant to
subsection 35.3.4.B. a zoning amendment shall be issued only when the following
standards are met:
1. The proposed rezoning conforms to the Future Land Use element of The Denton Plan.
The applicant's request will not impact the Future Land Use element of The Denton
Plan
2. The proposed rezoning facilitates the adequate provisions of transportation, water,
sewers, schools, parks, other public requirements and public convenience.
The applicant's request will not impact the adequate provisions of transportation,
water, sewers, schools, parks, other public requirements and public convenience
3. Section 35.7.3.D. of the Denton Development Code states "Regulations or Design
Standards for any Special Purpose and Overlay District shall be designed to
reasonably promote the purposes of the district, and may require or address any of the
following, in addition to or in lieu of other regulations affecting property within the
Special Purpose and Overlay District.
1. Protection of features designated as being of special concern within the district;
2. Mixtures or limitations or permitted uses;
3. Special performance standards and development regulations;
4.Other matters as appropriate to promote the special public interests of the district."
The applicant's requested changes to the architectural standards of the Raynor Ranch
Overlay District are not consistent with the `features designated as being of special concerns within the District The elevations shown in Exhibit 9 do not "contribute
to the uniqueness of the development with predominant materials, elements, features,
color range and activity areas tailored specifically to the site and its context
EXHIBIT 2
Aerial Overview of Entire Subject Property
1
EXHIBIT 3
Site Plan of Northern Tract
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EXHIBIT 4
Existing Northern Tract Zoning
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EXHIBIT 6
Existing Southern Tract Zoning
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EXHIBIT 7
Notification Map
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Public Notification Date: March 16, 2008 ~
200' Legal Notices* sent via Certified Mail: 89
Number of responses to 200' Legal Notice:
■ In Opposition: 2
■ In Favor: 3
■ Neutral: 3 * - A copy of the notification list is available at City Hall West, 221
N. Elm Street, Denton, TX
EXHIBIT 8
Approved Retail Architectural Elevations
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EXHIBIT 9
Proposed Retail Architectural Elevations
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Exhibit 10 Minutes from the Planning and Zoning Commission
~ C~Mk~~Y~NE~ 1ATIIN f multiple building development, each
~ Special Purpose ~verl~y Distriek er~e~rr~passln~ approximately Individual building skull Il~olude predominant charaer~stic~
410 acres~~f land, generally I~~ated ~n b~tl~ sides ~f ~.1:. ~ shared by. all buildings lr~ the de~relopment~ so that the
4 Highway ~.~0 ~r~d l~niversity l<~ri~re and Highway 3~ and bonnie Brae ~ derreloprnent f~rrns a cohesive place within the zone dlstrE~t er
tree, ~vith consideration being given to arner~dir~g the ~err~rnunity. A standardised protot~rpe~design shall ~be modified
de~rel~prnent standards fir the ~ayzer anoh overlay ~istri~t. ~ as necessary to comply with tf~e requirements ~f tY~e
7 1~~u do~rt lcr~e anything about than do you, huck~ ~ subsection,"
f~R~ RUSELL~ Nlr. hairrr~a~, ~~d r~ernber~ of the So their fRrst preposal ter~lght~ there are twe
~rr~rrMissicr~~ this is the ~ayzer ~anoh ~verla~r district, It does things you are g~ir~g to he opnsidering~ two arnendrnents to this
'I~ contain 41~ acres eta Beth sides of lJniversit drive between overlay ~istrl~t~ The first is an arnend~mer~ to these ~ .
'I ~ I ~5 arrd Bor~r~fe B~'ae. This is another Brie of the site plan., ~ architeckural guidelines. The overlay ~Istrict goes on t~
.'I .with tk~e retail to the n~rkh ~f ~lniversit and cornbinatn of ~ desoribe materials a~rxd color palette appropriate for
mixed use of retail, residential ~fflce t~ the south, de~relgprnent in the ayaar Ranch ~verla~+ Distriok~ Ar~d~ a~~ain~
'14 And them I have blen up ~fer a oieser ipok~ and ~4 these are specific to retail b~rildit~gsr large retail buildings,
1 this does include two slides in this presentat~n, because the ~a ~Ir~dr ~~st briefly, you will see the terrrts wary,
'I items thate are discussing tonight, I think it would he ~ neutrals earth tine color repeated.thr~ughout those acceptable
"1~ f~elpful to quicl~ly review hew the proposed retail is laid out, "f ~ building matarials and color, There is an actual ~eler
'I~ ~ de have three big bo~c retail users en the ~ palette in the ~verla)istrict~ These are the approved colors
~ ~r~orthv~est sid~e~ inline retail ~n tf~e northeast she, and some ~ for exterior building Materials, retail materials,
~ outparcel retail on the n~rtf~ side of unk~rersity, And them 0 And then quiokiy, here are some y~ oust two quiok ~ are specific architeo~ral desig~r guidelines built
into the ~ ~ examples ~f~ kind ~f+ where we one of the early e~camples for
layzar iancf~ O~rerlay Qistriot that are part of the subject of the proposed 1~Val-l+~art, and what a got approved, And this
. tenight's diso~.lssi~r7. slide chews what one of the earlier versE~ns was. Arid you can,
4 And then also on the south side ~f Ur~iversitr the Find ofr see the blue l~al~~lart sign right here, And you cant
north side is what's called the rnarlcet place, tl~e Beath side is kind ofr see it, alser ~n the frpnt theref as well, And that
T~FEL AOiAT~ DEI"VTI~I, TEA 4~0-G~-g~g~ TFF~~ AIAT'E ~ENT~kV, TE7~A g4~~-~a-g7g~
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. ~ '1 th:e Tov~n centre. The the Town centre ir~~oludes the outdpor mall 1 was riot an appro~red ~el,nr within the c~l~r palette, SoStaff
with the three large hexes, as well, and additional outparcel did go book to the Applicant, ar~d we went bask and forth a
retail al~ng.the south side of UniversitY~ in addition to the ~ couple tunes, but basically what we ended up with was thi~~
4 variety of residential park, ar~d office and betel use. but 4 This is the approved elevation of IaI-Dart. You ~a~ see the
tk~~e primary taus of tenight on those retail uses, blue is now gone, This is the type ~f big box architecture
~ ~ The ~eveloprnent Code, in describing an o~erla that staff felt met the spacial renditions for ~ayz~r Rar~el~,
7 district .which is what Rayz~r Rar~Ck~ , it do~~state ~ dam`s. This was an earlier versi~r~ the arnTs
specifi~aily whit the r'eguiations that rerlay ~i~trict are ~ Club that Staff reviewed. And if you can rnaf that out, there
intended to do. And the bottom ~f this slide you see IVos, 1 Is a blue band that wraps around the exterior of the building
~ ~ through 4~ preto~~on of features designated as Ding of 'I~ Also along with the side ele~rati~nsf notice it is kind of a
~'I special concern within this district, mi~ctures or lirr~itations 'I~# flat elevation, I am going t~ switch slides, and you can see ~ ~r permitted uses. And No~
, special performar~oe sta~dar~s 1 that this triangular ele~ati~t~ pop-up that helps breal~ up that
'I and development regr~lati~ns. And 4, ether maters as ~ elevation, And the blue sign is gone. It is now switched to
~4 appropriate t~ pr~r~ote the special public interests ~f the '~4 earn tenes. The sign is blue, but staff did fl that the
'1 district. ~ the ~ver~a~ district is considered to be as a 'I sign was appropriate in this case, It was riot a pad ~f the .
'I ~ s~eciai area, special~.regu~latiens that are apart from what you actual bu€Iding materials from the elevation,
'I~ normally see in the ~eveloprr~ent Code, ~7 ether approved elevati~ns~ this is Borne of that
'I~ In this oaso~ when a fiat went thraugl~ the ~utparl or inline retail that°s been appr~vedr and part pf
'1 rezoning and created this ~~rerlay district, we did ~pecl~Y~ the overlay district, And rr~~re examples Tewr~ Contre on the
~ especially with the larger retail uses, that there would be ~ south side, approved elev~tions~ This is the proposal that tl~e
~ spe~aal arohite~tural guidelines governing those retail uses. ~ Applicant Is bringing forward.
I was Being to read this paragraph quickly. ~`Buiiding design Best Buy is interested in negotiations ~t~ come
shall contribute t~ the U~iquer~ess ' the devei~pment with into layer lanrh, The Applicant i~ pr~p~slC~g this ele~ratinn.
4 prederninar~t rrYaterialsf elerner~t~~ features, color range and ~ arid, are a nutshell, again, I thir~l~ staff would give the same
activ~Ity areas ta~ored spe~ifr~ally to the site and to its ~ con~iderati~n t~ the sigr~r the Est Bu}r sign, that we did fir
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~ Sam"s. It Is the blue wedge that is the trademark of Best 'I~ f~rsk dart where they were ~oing to start. They were c~cir~g to that is at issue I~ere~ ~
enlarge North €.ake, they were going to filker the watery tl~e
Thls is basically tho side of the buildin~~ runoff and build the blg box stores. Fact is, theft we had a
4 building materials that blue is nit a park of the color ~ meeting in Norti~ Laico Park uvith the cltl~ens that Ilve behind
palette, And we not feel that it meets the sndards that it about not letting the streets for the ~~~heelers to go out
e have established for R~~+~pr €r~ch. ~r~to the neighborhood. ~ far as I can te11, ar~d I ga bye there
~ 1C think the Appli~an~ i~ going to state that the T r~earl~ every daYr and there is some pretty high-priced
blue w.~dge is ~ critical e~emertit to the design of the b~~ldtng. m~s~uite+ ~~1~,~~~, Is there some reason they let y~~, in on
staff did some research to see If there were other earrtiple5 where the}r did start with ali of ~th~ dirt work? .
~0 around khe country w.h~re the blue wedge is.not usedr ~r~d here ~l~. ~~E~~: It has been a long road to even get
'1~'~ are a few of those examples. few ~f these are large-cit~r 'I'~ to whore ~ are today,
'I Best Buys that are built into a rr~ixed use build~r~~. Inc of 1 ~~~IMIS~I~NE~ ~ATYN: uhf yes. And you have been
'I these [s Chicago. Arid I am not sure If it is New lforkf aut . ~ involved ire every minute of it.
'I some large urb~r~ areas, ~tl~ers are very t~picai shopping 14 f~R~ RUSSELL: 1~es, sir, 1~ou aro absolutely
~ centers, I~think tl~e upper ore is Madison, if I am not 1 correct. The initial time dine was for the bid boxes on the
'I mistaken. Arrd these are sgme~~~~ical suburban shopping ~ north side to get skarked before anything else. And you will
'll centers o that's th~fir~t item ur~dercor~siderat~on tonight. ~ bo brought a will be.bringlr~g forward to you additior~~l
. ~ ~ ~ Tf~e .second item i~ the tree mitigation. The ~ changes to the ~verla~ ~i~stri~t, proposed changes that
'I ~ original overlay ~lstrlctf dust to go back a little: bitr. ~ ~ modifies somo of those or~ginai conditions that are no
~ Applicant did remove part of the trees frorrr tine north side of ~ longer prob~bl}r no longer going. to be neededr I ~~~s~f ire
the properky~ back about ayear-and-a-half or so ado. Tf~ey are ~ terms of transportation improvements. They did want ko have mitig~king those tr~es~ They have agreed
to mitigate They certain impro~rements Its glace to help facilitate those big
are ~oir~g ~ be pr~vidir~g trees back onsite as dart of the . boxes, because tho~+ didn"t think U,. X84 would be built in
mitigatior~~ artid~or ~f5~,~~4.~ was the fee that was assessed. Artid ~ time to cat~F~ up~ with that deveC~prnent, .kVow ~.5. is'kind
tine existing Ove~la}r D[st~i~t language r~guires that an escrow ~ of pushed out ahead a I~tkle bits and a are getting pretk
T~~~~L~B~ A~IATE DEI~T~N, TEAS ~4Qy~-~ T~FFEL $~,~1~4TE D~NT~I~, TEA g4~-~~-7~
54 b
~I fund bo established ar~d tf~at either` the tree they could draw ~ close to being able to turn that loose so khey can start
off of that fund to buy those trees plant those trees. If constructiofl on than That's riot as big of an iss~re row.
they are nok able to plant those trees then, obviously., the ~ As time went byr I think the focus has turned to
~ Ity would~be~ able to take that money and buy additl~onal trees. 4 the south .side. And that was picking up s~eed~ar~d that was
~ ~ ~Tl~ey are re~uestingr instead of putting that r~oney looping like it was going to start ~onstructlon ~at tE1e same
up front in an escrow acca~unt; to switch it over to a letter of tine, or sooner than the norti~ side. The r~orkl~ side got hung .
~ credit, The main ~~fFerer~ce that I uvould seef that the pity 7 up a little bit with enviror~rner~tal issuesf khey had to het a
$ woujd not be entitled to the Interest t~~t would acnrue in the ~Q4 permitf they had to go through a process to develop the
escrow account fiood plafnf and that kind of slowed the north side down
. I think the bottoms line, though, is that Staff ~ 0 Arid now a are kind of turning around again where
would suppork this second itemr ~as long as the ~troes are being 'I'I the north side is picking backup. And so a ma~+f actuaily~
'1 mltlgated~ That's the main p~rr~ose of this. And I don`t think 1 get both sides back under constructi~n~ m~aybe~ at the same staff hay a problerrk. I think that
Y did talk with legal 'i time.
i ~I~ earlier today, ar~d we do feel khat khis is sorr~etFring that will ~4 C~MI~II~SI~NER INAT<IN It than€c you for your
~ be drafted. then a get it into ordinance form, as it goes to ~ ~ patience in e~iair~ing Ik to me, dust going by there, ti~ere
pity ~ounc~lf it is irrtporkar~t ik be an irrevokable lettorr that "I was a concrete dri~r~ from ~r~cker Barrel over to ~orrr~ie brae to
1~ there be no e~c~pit`atlon date on it. o make sure it will be a take care of the construction whlie was taping place. And
~ cond~klon that that ~i~r~~~ is available for tree mltigakion, ~ I just never did see any of it after the mangy hours that you
1' o tafi='s rec~rnmendakion is ln~ support of the second ite~t. "1 put In on lt.
Staff l~~ not be supporting, and we recommend ~ ~1R. RUSSELL: ~1e are very close to there are
~ denial of the first request to amend the architectural ~ 'I multiple parks to this Arid we are very~close to being at a
standards. And I can answer your ~uesti~ans. polr~t where we can hush fordlydr and bring pats to you aid
COMNiISSI~NER Alli[N 1Ne initiall~+ started with rr~ove forward with ~ permit on the north side. There are a
4 Rayzor Ranch, r bo~ieve it was at the Radisson F~otel In an open ~ couple of ice~+ pieces that reed to be resolved. But it sums
rneeting. And it was my nnderstar~dir~g that north of 3~0 was the that if ore of two things fall Into puce, then a~ whole lat of
T~FFEL AO~IATE ~E1VT~fV, TEAS g4~OR~~S-g~9~ TFFE~ A~IATE DEIVTOI~, TE 4~-~~~-87
r~~~r,~~~r~n~~ in•n~•in nnn Cana rr, ~nf 17~ 14 ref ~h~~t~~ .
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'I things art going to get freed to rno~re forward, ~I And+ they wil! ft, as we have seen, when asl~ed, And it
~M~1~I~I~N~1 IATI~~: It solved the fioodir~g, it seems t~ m~ a ha~re already sek the prececler~t v~rith sorr~o of the
3 bothered me a i~t, i was Gust looking at an ~ ~J~ sheet other big boxes there that tonforr~ir~g t~ the skar~dards a~~ra~ed
~ of paler in m~~tir~g ~fk~r rn~~tingf and III a"ire done was now 4 is important to the pro~~ss. .
down s~m~ rn~sguit~. At~y other questions 6 ~ With r~g~rtl to the tree mikigation, ~+ou did say
~ ~M1~~i~I~l~EI~ EAL~T~1V; fir. ~hairr~an that ghat would be that a letter of crodit would, Frrdood, b~
~ ~MI~SI~IIfEl~ ATiiN"~; 1fes. 7 a binding it was binding. And when a mach tree mitigation,
. ~Mi~~~II~EI EA~LiV; loll, concorrrir~g ~ do we e~rer ask that the developer not only put in tho
~ matker at hand in terms of the r~~uest, h~v~ y0u ~pok~n with requirement for the trees, but that they b~ gu~r~nteed for a
the Applicant in terms o~ whit w~ r~~~ntl~r had ~ s~tuatior~ gear's tame?
'I~ lil~o this where there was a hard line taken b}r the, ~n factf ~ 1'I M~. lL~EI.L: Yesr rna"am. I don't have the
~ the d~v~lup~r tft~t ~f such end such warn"t allowed, then they 1 speci~~ r~ur~bers at my fingertips, but there is ~ requirom~nt
'I oren't ~oi~g t~ tome irtr that type of thing o~ what is the ~ that the trees be rnair~tain~d in ~ health~rr ~rowir~g condition.
~4 feeling that you have gotten fro.rn tho ~d~velu~~r ire t~rrr~s of~ I don"t know if it i~ a ~+earr but there is a time period in
you l~nowr if we stark rr~~kir~g exceptions to this? ~r d.on"t male which they are~obligated to maintain those trees. .
exceptions to its ~ ~ ~~I~MI~I~NFI~ ATIIIV: ~ uestions~ Yes t~rF ir~~.
R. R~~J~ELL: I should let~the de~relopers kind of ~T ~ ~~MMI~I~~1~~~I1~ Iellr maybe. If y~~, do an
speak for therrrsel~res~ I thiniC they ha~re intimated to tie Stiff ~ frre~rocable letter of crodit~ carp yqu dravu down on it in tl~e
that if ~~est Buy leas told kherrt that if Choy don`t h~v~ that '1 ~ same manner that you ~ul~ ~n escrow fund? because I would riot
~ ~parkicular trad~mar~C~ that the~± are not ~goir~g t~ build ~ st~r~ ~ anticipate that you would b~ using 1~,~~Q all at one tirne~
them. But i~ili~let the Applicant address that, . ~ . '1 ~r Ise that your thought? . I am sorry, I did forget to rr~ention one thing. ~ USE~~,: l~nfprt~nalyr
I don't ti~ink a have
did `send out notices to pro~~rky uwr~~rs withjr~ 5~~ and gotten to that I~v~l pf detail yet. ~e are bringing it to ~rou
4 feet 16 notices to property ~w~1~rS at feet, and ~ 4 as a cor~c~pt. And I ~th~nl before it gets to pity oun~il~ w~
Rro~or~Y owr~~rs within ~~~~'feet. And we received thraa roplies will have a chance to get into the details of haw it fs
T~F~~L ~1TE ~EIVT~l, TEXAS g4~-~~g7g~ T~FFEI~ ~~~~IT~ ~~lV~`IV, TE ~-~~-g~97
~ ~ ~
~ in favor, two in bp~position, and one of ~h~m n~utr~l. 'I drafted. .
~R, tlNNINHAM; Nis, .Ch~airrnan; I ~~id I[k~ t~ ~ ~01~1~1ZI~I~ER !Ili: I would also ~be corrcerr~ed
rr~~t end state forthe record that a have thr~~ in about the inff~ti~r~ guard that you have by f~aving tf~~ rnar~ey In
4 ~ppo~ftian. I did receive an additional n~tic~. ~ escrow fund v~rsUs a fixed arnaunt that's in p~ss~~siur~ of the
"5 ~~~IP~ISI~I~ER ~HAAE: fia which of the items did ~it~r, ~r under control of the pity, d~p~ndir~g upon how many
e havo the three in appositlon~ gears it rnig~ht ~e before it is d~plo~red.
l MR~ RCJE~L~ The oppositions as I recall and 7 ON1I~IOI~E~ EAL~~`~i~; Wasn`t there a two-year
this is kind of i will take the b~arne far this. a had to limits ~o~ .
send out a pretkybroad-based notico that included lots of MR. R~JELL: I don't think it has been built ire
~I ~ potonti~l it~rns that could change end it probably wasn't '10 yeti no.
~'I'~ clear enough on the notiCo ~~~tly what it~~s that's being MR. UNNi~l~HANI: I o+~ld lil~~ to ansvuer ~+our
~ brou~htf~rkh t~d~y. a had to be general in the nuti~~t~ question, ~ommissi~~~r, Thy ~ns~rto that guesti~r~ would ber ~ irrcl~,de ~ let of ~ifFerent parts of the
overlay district, ar~d ~r~s, that that could hap~or~. ~'h~t you could draw down es~
'14 Find of narrow down these two s~oclfi~ things. a I think ~~h~N1I~I~~VE1~ 1ATIII~ Any other qu~~tians? Is
~I thro might have been same concern that it r~a~+ include other the de~reloper here? .
'I~ things I don't know, but it may have sar~ethir~g to do with "I E~1R. F{~LI~~6; dandy Ho~cornbr Magner Drfve,
'I~~ thane nit being clear enough, Callas, Texas. ~ think most of you know rn~. I ha~re ~~~n at
"1 ~~1h~I~~I~N~~I~ 1NA~~IId flooding ors tho south side. ~ this now for alrnosk two yoar~. Arad I am the face that's out
'19 7'he one I saw was ~aeding. ~ selling ~~nton every. day. I any tl~e guY talking to all tf~e
~ ~~~11+9II~~J~1 ~~HAAI~: fan I ~Sk ~ question about ~ merchants ar~d trying to get e~rerybody to come hers. Ar7d I
~ each one of those, i guess? First of all, thank you for 'I think a have all read the newspapers and seen what's going on
finding ~x~r~ples~ because that was going to be my qu~stior~, as out tl~ero, And it is+ ca~nd~dly~ not easy. Ar~d~ yes
. ~ Best Spy has gone into other m~rCcets~ ha~re they deviated to ab~~lutel, Best buy in Highland ~arkr Tex~sf the any in
4 confirm to whatever tf~o st~ndar~s ~r~ fir that parkicular site, Mp~icingbird, they will do anything, They will :all it ~entor~'s
And so it was. I~elpful to }gave the e~r~ples from other places ~ host buy. It is a function of demographics,
TFFEL A~IAT~ ~~1T~, TEXAS X40-~-7~~ ~'~EEL ~I~~E DENTIN, TEA g4~-yg~g7
1 ~ ~nf ~7 che~tt ~ R~r~a ~7 tr5 rl r',f 17~ ~ ~ (1~1f]7~7f}~1}~~~f}"E~1f~"~ fl A
i~ y,f~ ~,f'{~ y]~~~~L~} 1 W+~S+ W! LV YY VI itiY v •f v~f .vvv ~vrzvr~ r
• y • n • 5 f F. ..I.. r r: r• ..v v •~..f .-x - y'i: ~i •f Y.r•i ~ y/~Ms~~.cr
~ say a want that green ~to be brown it is enaugh to push that ~I C~NI~~IVTIFIE~ P.EA~~RF Brad Last name ir~aud~ble~.
dealt and it wild not happen, I live at 1~1b Stanley Street,
~ thin this next lirie~ them I ~ this thrown I very much want to keep .a neighb~rhppd feel
back in my fake frorrr Best Buy. Hey, you guys drl~re down t~ the 4 within tho project I am very concerned about m house being
south side of tan This is an afuily good-looking shipping 5 next door to ~ aI~Nlart, ar~d other giant ~up~rpenters. i can't
center. Arid it is right in the same town o you aro telling ~ that I n~c~ssariiy t~~ percent disagree v~rlth the blue
. ~ ~I ~~r~'t.du it in the r~~r~h ~id~ pf t~wr1 h~r~ y~~ have ~ ~ wedge. Bit I do li~Ce the examples provided earlier as mere
~ specie! ~~rerlay district, where you got outr~egotiated by taff~ $ ~ neigf}b~rhoo~. feel i~ ke~~ir~g within t~~ guidelirre~ that ~~vere. .
Tli~ rlity was you a~pr~v~d. it once ~eforer ~a~d it looks ~ ~ pre~~rit~d.
gr~~t. And+ y~a~, ~it I~eks w~nd~rFulwithin the development. ~ ~ Also, in the notice that I was given+ a were
~ ~ And then if yon go ~v~r to Flower Mound, here is '1'1 it sags that a were going be speal~ir~g about traffic Y~
~t Highl~r~d~ Ranch. ~ Tt7e ~+hol~e project Is the neutral colors, the 'I transportation improverr~er~ts within the pr~p~rky. I g€~ess those
~ same ~`eas ~rerna~ular that we have, And there is a game blue 'I haven't carne up year but that's the reason I'rn here. I am very
"14 wedge that~they have approved th~re~ '14 concerned, about the traffic around 141 Stanleyr and
~ That~~de~rnographi~, if yai~ loop at, the ~a~r~erage ~ ~I~ specifically Bonnie brae. I ~kr~~w~ as arr example the ~S~/~8
~ ~ ~househol.d income tight around tf~~is+ it is a lot h~i~f~er than 'I~ lpo~ down there near ~Ual-dart has became increasingly
~l what w~~have~ir~ oi~r~tra~~ area. Artie Best Buy still was a~l~ "1~ difficult. Thank you And if i owned property ~~n th~rer i~ .
~'I~ get~their blue wedge. Again, that's another look at it~ And I ~ would be a very ten•ifyrng pl~c~. And I don"t want to be 'I~ don't think i# compromises
the development to let the merchants 'I coming home to tC~~t ]Cin~ of ~it~ati~n at my house.
have a lit'tle~ hit of their ~c~lor scheme, ~ ~~p~elally with people that, again like at
~ ~ ~ as it relates to the tree mitigation it is my ~ ~~~r I ~Cnpw, you knQ~ j~ou try to avoid the loop, so you go .
urtdet~standing that that is ~rou .can"t draw that down, Arid ~ ancth~r w~~+. Arid I don't want my house to be another way, you
thro~r~hout thewhole project, w~ ire ~n the .prp~~ ~f know, that people er~d up driving
4 de~i~ating t1~~ three aer~e~ to the ~muse~,rn as ~ spealc~ And. our Againr i very much i~ke to keep the situation a
tree mitigation program is massi~+e, z mean, a are haying a ~ ~ neighborhood feel. Tree mitigation I am not very familiar
~TFFE~ ~ A~iAT~ DE1VT~1~; TA g~~-b~~-7g7 T~i"FEL ~ A~l~1TE ~ ~EI~TOI~F TE7~A g~~-~6g~~7
~ 6~
lot more than t[~~at 15,~0~ for the trees that we are p~,tt~ng ~ with, But treys sound good. I like trees ~rou know o
ire pl~~~, ~ I appreciate y'all"s tune.. And if you have ~ar~y ~ ~ ~n~ th~t'~ my oplnior~ about the blue edg~,~ I don't h~v~ ~ ~ .
.qu~stionsf let me kr~o~ strcog opir7ion about the blue wedge,. spifically, but I ~u
. ~ 4 ~ ~O:Mh9IEI~N~1 1NATlIiV~ u~sti~fl~? It I~~k~ like ~ 4 want to keep tY~e area I life the neighb0rhopd~ al-Mart feel
~ ~ you did a gp~d aob. ~ ~ ~ rather than t~r~ gi~r7t.blue s~,per~enter~al-mart, Thank you
~ fR. F~~~~~t~lB; Thanks, ~ ~ ~~h~MIEI~i~~l 1NATI~1 Thank you very much.
7 ~ ~~MMISSi~NEI~ AT}IN: ~ Thank you. Is there an~rone ~ Anyone else that would like to speak for tY~e projeck,~ please
Ise who ~vould Ilke to speak on this praject~ I~lease come come forward and state your name and address,
forward to the rnlcrophor~e. Namo ar~d address+ plea t~I, IITI-l: Hello. Thank you for giving me an
~I~ M. ~EANCE~~~ fly Warne is Michelle ~~Angolo. I 'I~ o~~prnity to speak. M name is u~ar~ne smith. I Ijve at 'I ~i live ~ Northay Drive. i live ire ~1~indsor`
Ridgy fn the 5~~- ~I "I ~oolcout bane, whi~i~ is ors the north side of this de~relopment,
.'I f~~t ~r~~ ~r~~tnd there. ~ ~ ~ AGtl.i~lfyf ~ art right within the 5B~-foot ~r~~ tlr~r~~ will. .
'I Y bought this house Bevan years aga.~ This y~~r' i ~ I have to agree with the gentleman that spoke
~4 ~ t>~e first year i have been my prepe~ value go up. UUe need earlier'. i IiC~e to loop at a ~la~-dart much more than I lake to
'I tl~i~. every timed need sornethir~g~ I have to come to the south look~at t1~e Best Buy wedge, I am not ire the business where I
.'I side of town. I can putt up~ with the blue wedge. It is no big 'f ~ ha~re t~ go out and lease properties all the tirr~er or draw
~7 deaf. people into the pity. H~wever~ this is a place that our family
And with ~i~k's porar~g oodsr I t~inl~ if #~e ~ has Ingested inr as well, 1Ne love the Ray~ar Ranch being
valor is within the line of what tk~ey are.doing in their ~ ~ t~~re. a understand about progressr abo+~t develepmentr about
4 stores, let it ~go, but I n~etl it, b~u~u~~ ~t ~~m~ point I 0 bringing stuff over to that s'rd~ ~f t1~~ rity. But a don't
~ ~tigl~t want to sell my house fight now I can't. So a will go 'I f~~! that in order for people to go to hest B~ty or go to ~icl~'s
with the blue wedge. ~ p~rkir~g foods they have~to sae a blue wedge, Ie don't agree
~~~MIiEIO~NEE~ 1fVATlII~f~: Thank yp~. Anyun~ ~Ie with that.
4 that wishes to spea~C for the pr~j~ct? nee forward to the ~ In additionf I would like to say sarnet~ing abouk
5 microphorre~ please. Your name and addressF the letker that carne out. i don`t kr~~ I~ow that's ~~~id~dr how
T~FFE~L & ~1~CI~TE ~EI~T~NF TE~CA g4~~65-g~g~ T~FFEL P~~I~TE Q~IVTIV, TEAS 4~~-~7~7
17 ~f 3 sheets pa~~ t~ ~ of 1~~5 ~ ~41~~~f ~0~$1,~~:~8;14 A~1
- w
v:..........v _ r. . ~:',...,:.::.'s n'~,., . ..~t~.,~~.~~
'f those are written, I know ~rou alluded to tl~e factthat at was 'I zoning was approved. No~ VUaI-Mark can build arty place that
misleading. Ie, also, showed tor~i~ht because ~ thpught tl~~ the zor~ing is there This p~rkicular pincer this i~ ~~eci~l.
discussions were ~oin~ b~ ~b~~,t otY~~r tl~ir}g~. ~ think ~~t ~ They asked for it to ba s~~~ial.
4 would be €~elpful for us residents to und~rstar~d eel whit i~ 4 p~AlEI~ Gust the hest Bud lo~otion+ then
on tl~e Agenda, I~ don't know i~ tb~t`~ ~~rr~~thirlq ~r'~II c~t~ for ~~M.N1i~I~NE~ I~TIN IV~o. 1Vo. shuck is going to
if you can give us ~ ~itt~e more ir~form~ti~r~ rr~t time pr what. have to bring you up to Sato on ti~at.
~7 but on UVedr~esda nigl~t~ cl~ur~h nigh#, right efker work e ~ ~P~A~~~~ I just worfied about allowing one rile
ru~h~~ d~r~ hey got kids at home, and actuall~r nothing that to be braken~ ~r~d th~r~ a stark allowing rrrore rules ko be
e were reall~r parkfcularl opposed to carne up. o, thank ~au~ bk~i~.
~~4 C~~iMII~N~~~UV~4~IIN TllanlC you very m~,~h. '10 ~~N11~II~P~EI~ UVATIN I ur~d~rar~d. etking a
~ ~ Arlyor~~ that ~vo~ld like to speak fob the project? Name and 'I'~ precedent, ~ro~h.
~ ad.dress, please. ~ MED. R~EL~L: Mr~ ~hairman# the arck~itectural
~ MR~ A1~HLr Ni name is Frank h~a}~he i live at 1 ~tan~ards set for the big E~o~c are very specific. l~if~e I
~reonay~briv~ pry th~.north side ofthat development ~4 pointed out ire our pr~~~r~tatinn~ there is a specifc color
~ them. i ~~rn~ h~r~ with specific Inruc'tions from m~+ wife to paietke, a would }~av~ to bey ithout~gaing into too much
ask ~~r~~y when is tine al-Mart gofr~g to open aver there the ~ detail, it would take q~rite a hit of work to go in and redraft
'I Skid be s~,re ar~d find out ~ ~7 that language. i don't think we would rrecessaril~r want to
'I ~ As far as the ed~.~~ I ur~der~t~nd that tl~~ store tailor the lar~~uage fir pn~ ~p~cific buildings iike hest Buhr
'I ~ owners are ~oin~ to w~r~t their logo, end tl~e~+ Dave their would probabl~r involve an amendrrrent to the overall big box.
~ de~igr~s. ~ ~'he'~re seen evidence, tl~ougk~, that they do altar ~ ~ Ar~d~ ]lei, Z do feel that there is a ch~r~ce that if a start
thosa on occasion. Il= this i~ ~ d~~l bre~~k~~, ~ would sap 'I breair~~ down the integrik}I of the architectural 5k~r~d~rd~ that let`s go with tl~e~v~edge. it
will divide possibly same of the otf~er lame box developers
As far as the sporting goods st~re~r ling a~ it to come back and take a sec~r~~ Igo, that r~a~+be the~l can get
~4 doesn't absoiutel just get garish out th~ref give them what ~ the blue back ire the INaI-dark sign. I tl~ln that's defnitel~+
the want, within reason You gulls have set some ~o~~ a possibility,
~`~~FEL SITE ~DETN~, TEA ~~-~~~-~~g7 ~~FFEL ~I~TE ~E~1T1~, T~ 4~-~5-77
7~ ~ l
standards here so stag with the rnlnir~urn that ~lou have there, 'I ~M~1~I~N~~ ~VAT~i~I i sew a hand raised here.
but be caroful and don`t lit this thing go down the drain, 1Ne MR. Ak~D~I~~: Are we for or against it?
~av~ friends o'f ours that live ire ~air~esville and S~r~g~r ~~ing 3 ~M~lII~N~R 1~fA~I~V For or agalnst~ Come
4~ us when is this thir~~ doing to devolop. Their are driving all 4 forward, Name and address, please
tf~e w~ ~~r~ hers to Swisher Road to Val-Mark ~no~ ratf~er than ~ t~~, AND~I~I~ Frank Ar~doicz~ and ~m~r wife, Marta.
go~ o~,t here on the laopf as this lady was tall~9ng ~bqut. o I ~ 1e are the only onar/operators of a business that is irti
~ am very much ire favor of it. ~ discussipr~ tonight ~vitt7 regard to ~ayzor Ranch. N~w+ again, a
~ ~~MI~I~IV~ER A~~N M telephone ~s dust about staff point. Their letter indicated a broader point of
+~orn out with people asking about fen, but gnu or I didn't discussion so, therefore, I am seeking that audience ri~Y~t~r~o.
"f ~ find o+at whin, did wed An}lone else want to spear for or 'I~ dust recer~tlr witllir~ the last dads, or if rrot a
~'I against the proj~ct~ 'I'~ ~hork period of time of a week, our litkle b~,~ir~~ss, I would
~ ~ U~IT~~NTIFi~~ PEA~EI~: I ~~d if ~ kart ~ like to have had ~ rtic~ ~~l~r d~a~ng rendering of the proposed ~ allowing ti~is for hest buy, is this going
to open the door 'I property d~v~lopmentr which in concept is terrificf ~us~ ~
for a Pandora's bof with other companies that went t~ '14 Dave no cor~cerr~ there, 1Nitl~ the ~ceptior~ that this in this
change the rul,os, break the rules, rnalce bigger signs Is this ~ ba~c and that littCe grad-shaded area is m business, That"s rnp
~ going to be a problem? I don't know. I nleor~, it i~ ~ ~ wife`s ar~d ours livelihood.
'I~ rhetorical ~7 taf# his r~~t had the courkes of taikirtg to us
'I~ ~~Mf~ISI~I~EI~ ATI~l I'm not sure I understand ~ v~ritl~ regard of what's going to happen here, 1Vo, prior
'I the question. ~ discussions to the ~our~cil f~ave been with architectural control
I~EVI~ENTIFIE~ PEAEi~: What I am sailing is e 0 ar~d desi~n~ end I ur~derstar~d that. 6y the wad, as a retailer
allow a blue wedge with Best Buy which I am not percent 'I ar~d marketer of tome earn the blue wedge is something you
against. but is al-Mart going to come back ar~d ~o, hey I guys can ~orrsider. but as far ~s I was concerned, it ~s not e
~ar~t~ bigger, bluer ~ign~ big deal.
4 ~~M1~III~Ei~ UUATIiNS: This was an ~verla ~ But what is a big deal is what staff has ~ .
District This is the signs t1~at were set initioli~+ b~f~r~ any ~ ins#ructed tf~e developer to ~~r t~ came to me to petition .
. T~FFEL ~~I~TE ~ET~N, TES ~~-a~-~~~ T~FFEL ~ ~~I~TE ~EI~TN, TEI ~~~-a-~~~7
n~ ►rr~ f~nr~o 1 n~.n~.~ 1 ~ ~ b~~a ~O +-r, 7~ n# i 7~ ~ i ~ ~n# ~7 chpatc
V-rj Uf.I GUUU -L V. uU. LU r%i - I 1 F}4~k V,.e •LV I L %il 1L 1 iV VF ti+i4 MI I5r wr4y+
-:•v+., ~ . ' • . • ; _ ;.~+':~•i3.•Nb~.ix~.• =-~t':2ti=f :rrh~4;:-,~~i:w.K,
~ easements on behalf of the pity that is going to afPoct my 'I N11~. RUSSELL: All the rlght-of~ays from the
business. Y didn't realize thks until today. fyzor Ranch propertyr Itself, It tapers back in as you are
I have been asJced for a temporary easement. I going past the Alb~rtson's tractr and the gentkerr~ar~`s tract I
4 asJc~d for Ct to be marEced and stepped off to see how it would 4 think they bade managed ko the plans that ~ have seen -T
. impact my business. Randy, thenlc you, came out and with ~ squeeze all those lanes into that gap between those two sides.
~ surveyors showed me hat Staff I~as in mind for my bull Hess. But it door tapir gut. There is quite a bit of right-olr-wad
7 That~easement Is golr~g to come within ten feet of my bay doors, ~ t~E~e ~n Rayzo~` Ranch property itself,
wh~oh will impect econorrxically m~ business, That busl~ness~-- ~ C~MMISSIOlVER INATINS; There was a Cargo water
sorrY~ but I still have some time here. The fad is that this lir~o~ tao, was there not, running down e west side of Ban€~ie
'10 ~our~cll needy staff to bang t~ your and t~ us oitizer~s, tie Brae
'I~~ econorrric.impact shirk t~~'m ar~tl I~ng term. ~1~. R~,Jk=LL: There is a water line proposed It
'I I also found out that Staff has asGced deveEoper ~ isf aually, going to ~e along the east side of Bor~r~ke Brae
'I for 1~~ feet off Eor~nke Brae encroaching kr~td Fisting ~ that crosses bas lc o~rer to the Raynor Ranch property and runs
~4. ~ propcrkles o~ the east side ~f this property end of the west "I down From there.
'I side of B~nr~ie Brae. ~4Q feet oornes Into the rr~lddle. o~ ~ 'I ~~Mf+~ISSIGER ~ATII~fS: Any other ~uestiens?
'I building. I bade never been approached by Staff or by ~~ty.in CO N9f+~ISSIGI~ER EAGLETi~: Yes. the ism that was
'I~ this direction. IF those comments are true, ~ am very ~ ~ ~ brought forward f~s not pa rt of the agenda. Bud what I are not
conc~rn~d. This is my bread end ~~tter. 'I ~ sure that Y was char on your answer in terms of or that"s
~ ~ o that's my issues. #~nd I hope Council taCces ~ someth~r~g that's g~ir~g to. ~be brought to us later.
~ ir~to~consrderation a~nd~giv~s m~ s~m.e time with StafFto find ~ MR. l'~[J~SELf.: it is sorr~ething I alluded to
out what is i~nt~r~ded Ipr~g term. Thank you. 'I ~earlicr. And, again I will take respor~slbil~ty forthc MR. I~IJSELL~ The gentleman that referenced to fl~tioe.
a were a Jfttle hit pressed for time t~ gat this item
easements along the north w.. I am sorry,. the south side of before you. And at that time the notices went out, to meet
~ ~ Ur~ivcrsity~ yesr there is o n ~ac~c. up a second, , ~as~ State ke a had to get those notices at least ten days prior
~ programmed, is prograrn~ned by T7(~GT for redevelopmer~t~ iden~r~g, 5 to this public hearing. There ero se~reral passible amendments
T~~FFEL & AO~AT~ DEITI~I, T( 4~-~~-g~~ . T~FF~L P~I~►TE ~E~IT~~I, ~~7~,~ g4~~~-~~y
~ 4
~ utiiity~ relocations, r~ew utilities. Tl~e whole projeot was ~I to the overlay district.
~ already on t1~ei r books, but it was ~oir~g to talcs at least At that time a orer~'t clear ors exactly which
~ ~ then maybe four years.te get it done enes a are going to be rowdy to brin~~ and Bich ones were
$ ~ Sa the Ra~~or Ranch peopke~ lr~ order ~o get the ~ going to tale a~dditlor~al work. ~ we included ~khose I n the
tlrnir~g right for their retail d~v~lapmer~t, sort of tools the notic~f~n~t only tl~e tree rnltlgatlon item and architectural
~ lead~on the IJ~ S. ~~4 project. They have s+~brni~d they have ~ ~ guideline ktem for toni,~l7t, but also p~sslble amendm~er~ts to the
~ hired their ouur~ engineersf they have submitked tf~eir own ~ transpor~atian guidelines tf~at are Ire the exkstrng ordiflar~ce~
construction plans, they have gone through and subrnltted their ~ overlay ordinar~ce~ I think that included tha drainage
~ own .utility ral~catesr a separate set of utkl~ties plar~sr statement,
. s~gr~al plans, ar~d they are pCanning t~ take~the lead on the 'I~ There are several thir~~s that the Applicant is
'I'I c~nstr~ctior~, itselff and narrov~ that gap of time fr~rr~ three or ~l'I interested in having admitk;ed in the G~rerla~ ~Istrict. And
~ four years down to they are hopingf I think, a }rear or less, '1 there ks additional work ors several of thane before a firing It 'I They are also fronting the
money fir that projeot ~ forward to But they were included Ire the notice. .
'14 dust to rec~r~struct 3~4 between ~5 and Bor~ni~ Brae. And also ~4 ~I~MISI~Nk=1~ INATIIN~S~ Any ot>~~r guestions~ okay.
'I~ do the utlClty construction east ~f Bonnie Brae aCl the way ~ MR. AN~OIZ: I didn't hear an exact answer ~o
'I~ down the line, Mr. Eaglet~n's puestior~s about are these Issues that are c~m.ing
SIT ~ in terms of 1~at's Irnpacting tl~e gentker~ta~r's ~7 forth in the future.
'I$ ~ properky~ ~les~ I beliovo tl7e pity engineering stafF did request C~WIMISSI~NER EAGLET~lV: I assume that's what
that the Allegiar~c~ development Group approach those property ~ ire saying
~ owners and loop to consist of t1~e easement ac~uisiti~r~ for the ~ f~R. R~ISk=LL: Yesr sir. e l II be ser~dkng out
~ utilities ors that side of this praperky. 'I additi~r~al r~otices~ There will be additional requests to the
~n the east side of this property along Bonnie ~ver[a~r ~iskrlct to be brought forward at a later dime. i will
Brae, I don`t bel~iede there are any plans to tape any righ~~~f- try to get the notkce a~ clear as I can get it ne~ct tirne~
~ ,gay, ~ ~ C~N9f+~ISSI~ER E#~GLET~~l; So a will have another
. ~MMISSIONEI~ ~UATI~15; There isn`t, opportunity to come forward?
. T~FFEL ~ ~IA~~ ~EI~T~R, TA g40-~6~-g77 TI=FELL & ~1~1~1TE ~ENT~I, TEA 4~6-791
t~ n# ~h~~~~ ~ ~ ~ ~ F~r~~ 7.'~ to 7~ y 7; ~4l~}~1~~~8 1~:~~$:10 APB
~
~I Mk. R~1~LL: Y~S~ sir. "I f~R. R~}SELL: Yes s~r~ I hear~hat your are
~1Tw1I~SI0NFR EALETON: Thank, ~ lookir~~ for.
~~1MISI~~~NFR ATI~N Any other person that would 3~ ~OP~MIS:]G~IV~R ~C~IAAIE: I tY~in this alC comes
~4 like to spear for or agai~nsk this ~ ~ 4 ~ together In ono package. ; am surprised that there wasn`t some
M~1ISI~~l~i~TH~M~#~: dlr. Cf~airrnan, I ha~re ore considoration given to this when it~was flrsk approved ~
. additkonai.question of tafF~ if ~f~uck has a rr~oer~t, cortainly knew we were going to have major retailers coming to . .
~1~1I~~IONFR ATIIN~; lure, ~ ~ this area. And if a approve khe paletke that was very rigid
M~lIS~I~N~R TH~MA E=vary one of tf~ese stares with no acc~r~t col~~rs, or whatever you might tail, to
does ha~re Choir own identity. Arid that is Igo t>~re male theft accomrr7od~te some of this, then it seems to me row a are
living. And I thir~~C we were all very, very pleased with what chipping away a.t what was put Ire plate when a should have a
1~~1~ Randy brought to us t1~e very ~irst~time artd,.you kr~ow~ as long whop plan forthi~ tb~work. So maybe khere Is opportun€ty to
~I~ as maybe I should say tl~e maaority of the facades along with 'I consider what ~tf~er exceptions are going to be Komi ng up.
~ what they originally br~ugl~t us, I personally wouldn't have ar~y ~ ~therwise~ a wlli be having an eceptian every meetir~g~ And
'I~ pr'abaern there. As long as any changes to tha~t.are just in before you know lt, ~ won't have ar~y design Ie~F
~ tYreir signage and any of the idiosyncrasies that g~~ with that 1 ~ ~ i think we are trying to make a stab and make ~
1~ company"s Iogo~ I don't sco that as a big problem. ~ deve~opm~flt that we are going to be as proud of as som a of the
"1~ F~aybe there is a point that Randy could ar~d ~I~'T other areas around this rnetroplcx where they have gore in and
'I~ tafr= ~~1d get kogether and cons~lidato this a little bit more ~ ~ really paid atk~ntion to tf~~ o~rera ll architectural appearance.
'19~ so that ft is specific. B~ca~ser personall~+, I don`t~wa nt to 'I And somehow everybody ha s been able to cam a together ~r~ thatr ~ give away the farm, Dither,
primarily because a worn so ~ 0 including retailers giving a little bit, as well as the de~relop.
~ impressed with your orlginaf a.rchitcural guidelines. I tl~ir~l~ 'I ers~ Y mea~,~as well as the ~Ity ~urlsd[ction, so a have a
thak the tlrr~e and o~fort that you spent ~r~ those is one reason wf~o.le. And I think a do need soma~time for ~tafF end
that we w~rc applauding what you had done and really doing de~relopers to word on this and bring something to us that's, as
4 e~+erythir~g wa could as a body to see~that move along, I now hears many things corr7ing forward on t1-~is overlay plan and
~ ~ Admitkedr this Paster ~lanr~ed tom rnuniky Is we will l~~ve piecemeal before o a ~ ~inisf7ed. I think a want
T~FF~~ ~OCA~~~ ~Er~IT, TEAS 4~-~-7~ T~)'F~L 8~ ~I~TF ~Eh~T~~l, T~~ X40-~~~-91~~
78
someth€ng that it i~ a great thing, But It does g~ivc a !qt 'I t0 orl~ for a hol€stic approach.
of leeway in your architaural work, which probably is what ~ ~O~IR~I~~I~~~R Ll'I~: I think a need to respond to
helped ~s push it through. But as long as those i ndividu~l the precedent-setting nature~af khls~ Because tho~r~ the next
~ antities can still utilize sor~ethingr maybe dust related to company could come in and say why did you allow Best Bey, and
slgr~age or, ago€nr a minority partiar~ of the bul~ding+ I dory"t ~ we will have ko say why we allowed Best Buy to have that, Yt
see that as a .problem. ~ But you have got to come up with some ~ . 6 could e~ren be a Ioca1~ior~ standard. 1Nhere Is Cho location for
T kind of quantitative amount so that predomir~ar~tly It is still ~ the hest Buy? And if there are Borne Iocatior~ standards for
Ra~yzor Ranch. than i~f tine buslnesses~€n the internal:part of the
And I don't thir~l~ that~w~ can do that tonight. I ~ devolopment~ it has to be wi t171n a corta[n cor~farming y- itl~ir~
don't think w~ ark going to be able to hash that out. I don't "1~ c~rnp~ lance If It is outside where people can see It from the
feel good about that. if there is any possible way that o can 'I'1 >~igha, for Instance, o there may be geographical skar~dards lopk ~1` this and, Randy, you guys
wl th Allegiance have b~~n 'I for signage re~uiromonts.
more than patient, r~lind you, this is hugs for us, too. But if ~ MR. H~LC~NlB: i will tell your they are at the
~Ilogianc~ and ~tafE= could get together and tome up with some '14 best they are at Cho corner of 3~4 ar~d 35~ . So it Is not a
kind of quantitative, okay, a +~rlll riot oxcoad tf~is per~tage ~ location Issua. it is part of their blue wedge, o argued
of the tots! surface area ~f tf~e buiidingf I think something 'I tf~is point with kaffi, ar~d ~ think the idea is great, Tl~e
~7 like that would work. ~ ~7 limited part of their building tl~e total surface area can b~
~~1NiII~NER E~CLETON: In addition t~ that, I 'I$ color palette that`s park of~th~eir logof but it is only part of
~ agree with I~r. Thomas. Y am wondering If a can get you guys 'I their sigr~age or their Iogo~ I~ot part of the base building.
0 to get together ar~d bring us language that would bo included in ~ Because the base auildiflg, e don't want it to change. a want
"1 this overlay District to that effect Perhaps glving~dcferer~ce it to be the neutral colors the limestones that a have Ire
to paople's logos, signage, thlr~gs that aro part of their placo.
Ideriti~cation~ so aach tirrio something Ilke this happens it is o are trying to get tY~e Best Buy people to put
~ riot going ko bean amendment. ~o~ yon urn derstar~d i~at I am ~ thoGr best foot forward. a are all saying Cho same thing.
5 sabring? 5 ~~taff junk said, hoy, e want this t~ be this uniforrrk thing.
T~~~~ ~IT~ R~1T~IVF TA 94~--g~9~ ~~FFEL ~IAT~ ~Ef~T~~V, TEA g4~~~~~-~77
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~ And wef in essencer afker a year of negotiations it we said designed itf~ the same algreen"s that you will find in town. fine, UVe will come back and deal with it
later. So nova we are It has got a Gauntry Buffet that's designed as any other
dealing with it later. And we ~+ant to get this thing hilt. ~ountry~BufFet around the rnetro~le.
~ I want to take a mo~r~ent ar~d talk about 4 okay. ~ as you can see, a started out with the
transportation. The folks In the audience that don't knew 5 design here with this inline retail. And o~rer tine years it i~as
~ about it, a have covenanted to build this highway at very dig dust gotten watered down and watered down and ~ratered dawn. i
7 expense so a don't have a repeat pf w>~atts going an at ~8. 7 am not suggesting that that's what's going to happen with
~ o the plan is to~ break ground and build end renovate the Rayzor ~ancl~, But the very latest development that we have in
highway to six IanesF and lave that complete by the grand there Is Fuddrucke~s. Arid FUddrucker's is the box in the
a~ening. ,middle with yellow that has absolutely no ar~chiteckural
~ ~o the pain of tl~~t is to relocate ~ttiiltles on 'I'I cohesiveness with any other uses that are there
both the r~~rth tide of the street and tie soukh side of the ~ ~k~~y. So now, that side, as I understand it, it
~ street. And as part of the canstruior~ of X1.5. ~4, we are 'I may have ore additional pad site. But if you think about its
~4 going ko, have to have a temporary cor~skr~ctian easement ~nd~ all the uses, ail the.pad sites with the ~inline retailf what e
ur~fortunatofy~ ~rank.is the one that's really Impacted on this. 9~ started out with or the vision bef~ind Denton grossing was
Arid we are going to have some oi• thpse~ And he is wall within 'I Ir~llne retail. Antl the fact that It as.all cohesive and it
.his rights ~to ~e a little frustrated with us. 1Ne have been ~ was going to be.designed in a manner that would be
going so ma~ty dlfFerer~t direipnc~ we I~aVen't dad a chance to complimentary to each other. .
~ ~ contact hlrn, And, candidly, we are not 9~.~tl~e business of ~ Today, what a ended ~up with I~~ a shoppiflg tenter
4 bulldfng h~lghays. ~4nd it is dust a have got a whole lot to ~ that has r~o identity. This is all off the street that you can
. "I do~ And ~ probably should have contacted ~rar~k a long time ago 'I see as yo+~ drive on the loop Arid there are certain tC~ere on this: but something will
have to be worked aut~ B~atf for are vantage points or windows into this development that you
the. community, we ant~ta get this highway built and move oars can see this here, But, for th~'most part all ~you~ are really .
~ aro~n~ ~y the time this thlr~g oponsr which is why a took it ~ getting are the pad sitar in front. o you get the orange ar~d
an. An}ra}rr. we are all tire~tl~ Thanks for your time. ~ white hatabur~ger. ~'ou get the ~Popeye's~ that's dust life
TF~EI~~ ~~I~T~ DET~I~, TE7CA ~6~-~~~7 T~FEEL SITE DEI~T~I`V, ~ 4~-~~-g~g7
~ ~DMMII~NEI~ 1NATrI~I Thanl~ you. Brian? 'I every at[~er l~opeye"s, you get a ~1lalgreen"s~ dust i~ke every
i~IR. b~i~~'~; fiver the course of the review for other algreen's~ ~ourrtry Buffets and now you get F~ddrucker"s.
. the architectural .standardc~ the Applioar~t is absolutely I want to point out that the overall goal of staff
4 correct. Vie spent a iok of time discussing this. And there ~ ~ was really to make this a development, and again ~ don't
. were key points in the discussions, One was identity, and ono ~ disagree with ar~y of the cornrn~n~ you made I know that
was architectural tf~eme or vernacular. And suer the course of ~ marketing or ~a~+~or R.an~h can ~e cl~allenging. but I really
~ those discussior~sr we talked about the fact that a didn't ~ dusk don't want us to lose perspective on the original goal and
agree necessarily with the fact that corporate c~l~rsr the original intent of the design behind that. And khere was a
9 corporate identity would be useful, But how do those corporate reason ley a spent so much time in negotiating that
colors or identities ~t in with the overruikng scher~e which is 1 ~ arohitecture~ decease a only get one chance to do this. e
R~yzor ranch? ~ "1 tend ourselves five years ten years from now and what e
~1 Vie wanted to ha~re a situation wher~r yes, you Dave ~ start out with 15 Denton roscir~g inllne retall~ end what we '1 iy~or Ranch and through branding and other
marketing wags. ~ er~d up with are tf~e pad sites upfront that add no
'14 If someone were to visit Ra~r~or ~anel~ and ga away from Raynor architectural appeal to this development.
Ranch and later on see a picture they would readily identify ~I ~ ~OMf~~I~I~EI~ NDEI~~DN; I am a female who loves to
that area as i~ayzor Ranch. ~ go shopping. And so as far as I'm concerned, that doesn`t mean
"!7 This piure here illustrates ~t for m~ better "I l anything to me. I just want to know where it is at and what It
~ khan anything. This is the Denton grossing shopping center. ~ costs.
And the idea for the pentpr~ chapping center 4Vasf again, to ~ C~MMIBI~NER ATICIVS: Thank yo~~ Discussion?
~ ~ provide an identity with architecture that was compatible with ~ ~~M~II~~I~IV~ER TH~iti'1A Mr. ~halrrnan~ I anti still
1 each other. V~hat t1~15 slide doesn`t i~lustr~te, thought ~s the 'I going to go~ back to my earlier comment, tl~~ fact that I would
parking lot. And ~ would tike you back ko that parking lot like to toe are this, part of what really hoc been Damped
area. INe have a hataburg~r's in the parl~ing lot that's got an together as ate-part item two items in ore in this, which
4 an orange and white roof, dust like an~r other ~Nhataburger in ~ has compounded the problerrr irnmencely. I would life ko see
kovun~ 1+Ve've got a 1N~Igreents~ a typl~al V1~algreen's ~hat'c ~ Staff get taget>7er and word on a quantitative way to see how
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. .
'I much they would allow stores to still have their idontit~r. Arid ~ gth, Thy foll~~r~g date afker that i~ the ord. Lek"s it
I really mean that ire a quantitative form, not ~~~~d for tl~e ~~rd. .
number of u~ro feet as a percentage of your~t~t~l ~q~~re ~~t~IMI~II~NE TH~N1A~: That is satisfactory to g~~re
. foot~.ge. ~ thak Mr. 1Na~n~r and All~giar~ce'soriginal goads 4 Staff plenty of time the developer?
ere still there, ~ ~ ~ l~l~. L.~ILE: 1e~llr there ~ ~er~r~ Issues that
I ~m not so sure that this is a ~ligl~t ~ho~l~ to would realty need some reso~utior~ prior to the er~d of April,
7 ~~au, because when you originolly brought this whole concept to ~ thak's the next scl~eduied meeting before that dato.
u~f~ oro very gang loo on R~y~or R~n~h a destination, and MED. C~~JNIN~aHAM: dust a point of clarific~tior~.
keeping the theme all the way through. o the resistance from What staff will be doing will not just be ~ool~ing ~t tC~e
some of the retailers, Z am riot ~~,re isn"t Gust a slight I~verlay ~istri~t, or J€~~t this specific use, but fnr the enure
~ ~ shock to you, also, .i~ rs to men sand maybe to several gthors ~I "C~ 1~.ayzor Ranch overlay district.
here, koo, I didn't r`oalize that that would such ~ proble~n~ 'I ~~IN1~SI~NFR TH~MA~ ~kay~ That"~ ~ holistic
~ but a h~v~ hid other things come up I~t~~y fat has shown us ~ ~ approach, arti~ I b~li~vo that term was used m~ro t#~an or~ce~
that retailers realiy brand their itorr7s. '14 MR~ ~k~NI~IINHAM: I just want to make sure.
9 ~ o on tho first park of this, i would IE~ to see 'lay ~~N11ISI~NER ~VATIII~; Ie [~av~ a date.
that w~ table this until tafF fan ~prn~ together on an 'I ~MISI~NE~ TFk~h~A: Vie have a date,
~~7 architectural pointf anti! Allogiar~ce can get with staff and 17 ~f~ISI~NER CATKINS; I have a r~oti~r~?
have ~or~ethir~g quantitative I don't li~C~ t~i~ you I~naw 'I~ ~N1I~I~NE=~ T~i~h~AS~ Pr`o~~dur~lly~ let's see if I
~9 there ire words that it is hand to shy whit they mean, genera] ~ can phrase this correctly i.s that a will delay action on this . ~ ar~hite~'tural appearancef
q~u~~lEtY~ you r~ox what does that 0 until I~pril the ~~rd, I thought it was the gth is what ~Bri~r~
moan In a quantitative son~e~ I don't ~n4~ I don`t h~v~ that ~I ~s~ r~forr7ng ta~
. kind of background, if it ~~r~ ~be put together~in s~m~tl~ing Ir~Mf~I~IOf~E~ h~AA~E;~ I thiniC he wanted to
that a can ~me~ur~~ I think we would a~! int~res~e~ in continue tf~e public hearing to the gth,
4 looking at it, 4 ~~ME~II~I~NE~ TH~AS: If that's the corroct
5 ~r~ tl7e second portion of it, I don't ~novu, I grew 5 terminology, I move that a continue tho public hearing untiE
TFFEZ A~~ITE ~ENT~N, 4~-~~-~lg~ TFFEL ~I~►T~ ~ENT~~I, TEA ~~-~-g7g7
. ~ 88
~ ~ up in a vuorld .hers o tore up mesquites all the tune and felt ~l April the 9th, at which tune ~tafF and dovoloper can get
good ~bot,t.it. toper end give us some ~~,ar~titative r~urrthers on thisr along
1 ~JEL~; Mr. orrrrnissioner, i did ~t~ll~ to the with the other iterr~~ that are being pre~or~tod.
4 ~ ~4pplicant. They are okay with Keeping it as a p~~a~e in terms ~ ~N1ISI~NE~ ICING; ~~on~.
~f tabling it; if tl~~t'~ ~rhere your recomrnend~t~on fis going. ~ ~ ~MISSIC~NE~ UVATII~ Second, Any other
Ir~MMISIC~~JE~ THI~NiAS: n you want to keep both of sug~estior~s? Please vote on the board. Pass seven to Grp.
7 these together, and table every bit of its ~ .
~ MR. Rt1~ELL: I just wanted to make sure the
second one wasn't time er~siti~reF The Applicant is ~~~cny with ~
Ice~ping it a~ a package, 1~
'1 ~ ~ ~~1~MIIOIdE TH~~lA So cut to the chase, I movo ~ "1 'I ~ that we table this 'to ~ ~~rk~Ir~ date. ~
'I CC~NiMI~i~i~El~ 1~AT#IN; Would you .be agreeable to ~ .
'14 not tabkef but ~t ~ date for a date certain? ~
'I~ f~h~I~I~NETH~N1A: 'des. ~
"1 ~ ~E~ih~ISrO~IE UVATIi~I i have not closed the ~
~17 public hearing. Not ta~l~r but ~ ~7
~I $ CrC~I~1h~ISI~NER TH~E~IA: I believe that would be
'I~~ better ~s far as Robert's pules of order. Hof yesf pan a set ~
~ it v~hat would be an agreeable date that would gi~re ~rou the ~
'I ti~rr~e to work ~or~ sornethir~g quar~titative~ ~ ~
SIR, R~ISELL: I am looking fora little direction
from our guru with the architectural ~uidelir~es to see how long
it would take. ~ 4
1~R, LC~~LE'f; Tffi~ next scheduled meeting is l~pr31
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and~n~eIt~ ~
Page 89 Page 9I
1 CoMtviISSIQNER EAG~,~TON: we now will nave to ~ as that is tirrce critical, time sensitive. They do need to
2 Public Hearing section. The first case far Public Hearing 2 get that and are requesting that we push forward with that
3 is Item No. S,A, Mr. Russell. 3 and get it to City Council as soon as we can because there
~ MR. RUS~~~L. Mr. Chairman, members of the 4 is, I guess, a contract involved and they want to rnave
5 Commission. This iterri you considered two weeks ago. And 5 forward with that quickly.
~ you requested that staff table than item and bung It back ~ with that said, there is one request before ~ to you tonight for further consideration. ? you tonight,
that is the request of the Best Buy
S The direction you had also given staff at 8 elevation.
~ that time was to meet with the applicant and because 9 And Gust to cut to the chase, and I'll move
1 ~ part of the staff's recommendation was to not support the 1 ~ through the presentation. But staff is still in a
11 applicant's request, to try of work out the solution with 11 position where we are not in support of the applicant"s
12 him, and then corrxe back to you ire two weeks. 12 request. I'll kind of ga through all our reasons, But,
I3 The subject property is the Raynor Ranch l3 at the same time, it's important to know that, obviously,
1 ~ Overlay District. Again, an both sides of [.].S. ~ Sa 14 staff is very much behind the overall Raynor Ranch
15 between I-3~ and Bonnie Brae. ~5 project, e spent hundreds of hours on this project and
1 b It's a total of 4 l 0 acres. And, again, 1 b we're very committed to it.
17 kind of a focus of this discussion, there's a total of two I? Randy Holcomb is here today, He's been
1$ million approximately two million square feet of retail 1 ~ working on this, as well, far months and rr~anths and
1 ~ being proposed an the Raynor Ranch Development. 1 ~ months. And even though we're agreeing to kind of
~0 The area north of LJ.S, 380 is comprised of disagree on this particular element, Randy he several
21 three big box retailers, in addition to same inline retail ~ 1 times has pointed out and said goad things about staff,
and same autparcel retail along the north side of 350. Randy is a very good to wark with, proactive, energetic,
~3 Arid the south side that includes an outdoor --proposed positive person, and, obviously, we just don't agree on
~4 outdoor mall with departrrient stares as well as some 24 this one particular issue.
~5 autparcel retail along this area, ~5 So the elevations that have been approved
Page 90 Page 92
1 The remainder of Raynor Ranch is primarily 1 as a part of the Overlay District include two of the three
~ residential develaprnent, which is multi-family fawn Names 2 big boxes, the same as the wal-Mart, as well as the
3 and single family detached, medical office on the southern 3 proposed elevations for this inline retail that faces C.J.S.
4 end toward Scripture, and a couple of hotels, continuing 4 ~BQ.
5 care facility, a large central park with proposed museum, S Dn the south side we have elevations that
6 and additional town Names along the park frontage. In 6 have been conceptually ap~raved far the Town Center. And
? addition to some outparcel retail restaurants along the ?the subject property that we're looking at, the Best Buy,
8 I- ~ frontage. 8 I don't think we focused on this last time, this part of
~ There were two requests that were brought 9 this box right here on that northwest side of this
~ to forward for your consideration two weeks ago. I did talk la southern tract, which would be the southeast comer of 35
11 with the applicant earlier, and staff does have some 11 and X80.
1 ~ additional questions about the request forthe to 12 This is a blowup of that corner. And the
13 change the proposed escrow account for tree mitigation to 13 Best Bye would occupy about ~ 0,000 square fact right where I4 change that out with a letter of credit, And
in our 14 the arrow is. There's the another retail box here they're
I ~ discussions internally with staff as well as with the 1 S proposing far that by that Best Buy.
16 applicant, we are going to ga ahead and ask that that be 16 Again, the dverlay District does provide
I7 tabled far the time being, that portion of the request. 17 far special performance standards of developmmnt
1$ we do have a number of other proposed 1 S regulations. And the existing Residential overlay
19 arnendn~ents to this Overlay District that we're working an, 19 District does call out the uniqueness of the development,
20 And we~il package that up with that with those other 20 a specific color range and as cohesive that we would like
~ 1 proposed amendments and try to bring everything to you at 21 to see an the development.
22 the same time. 2~ we have sets of color pallets which lank
~3 The reason why we"re kind of pushing ~3 Iike this, Primarily of earth tones. And, quickly, the
~4 forward with the second request, which is the approval of ~4 approved elevations on the south side far the Town Center,
2~ they're requesting approval of that Best Buy elevation, 2~ essentially.
PLAI~ININ ANA ~~~TI~1TG REGULAR ESI~N APRIL ~04~ Page 89 -Page 9~
i
DI1~~~S~~~~ ~
Page 93 Page ~
1 The approved big box of the north side of ~ and what we see is the consistency of the architecture.
~ Wal-ll~art and far Sarris inline along the north side that Z So there's, really, tv~ro examples of where
3 faces U,S. 380 approved elevation, 3 it starts to break down. And the Best Buy is the first
4 That's kind of what we've approved so far. 4 example that we feel does not keep with the continuity of
5 The proposed Best Buy elevation --and, ~ what way established in that far the architecture of that
6 again, our primary issues are it's not o much the facade. 6 development. 7 It does have in terms of parts that have the earth tones 7 The second example, as you
can see, is
8 and colors, that's pretty much heading in the right S another retailer where you kind of have an elevation that
~ direction for what we have, currently the regs call for. 9 really doesn't is not consistent with the rest of the
1 a Dur issue, again, is the wedge. And that is not only the 1 a development.
11 colors but the style is not in keeping with currently 1 t In addition to that, it's important to note
12 approved architecture guideline for Rayzar Ranch. 12 that one of the things we would hope would not happen with
1 ~ We showed this to the Board and have taken 1 ~ Rayzar Ranch would be when the outparccls come in. And,
14 the position that Best Buy will trot go come to this l4 againt you know, same of this is a matter of opinion. I
15 location without that signature wedge. Again, we've shown t 5 think it was expressed by one of our Commissioners at the
16 these before. We have sortie examples where the wedge has I6 last meeting. It's important for her to know where the
17 not been used, I? stores are. She wants to go there and chap. She's not
18 And, again, staff is not in support of I S concerned about the continuity of the overall development.
19 this. But should the P Commission decides that they 19 What's a valid paint. But, frarrx our
2a would like to see this move forward with their support to standpoint, again, this is a unique development. And in
21 City Council, it would be staff's recommendation that you 21 this case we da want to try to uphold some level of
22 consider this to be sort of a one-time exception to, architectural continuity.
~3 basically, your recommendation. Should you want to 23 As you can see at Denton Grassing, it
support, the staff would hope that you would consider ~4 introduces a variety of styles. we're hoping to not
25 approval of this elevation as a stand-alone elevation and 25 repeat that with the Raynor Ranch development. N'ot that
Page 94 Page ~b
1 a stand-alone exception to the ordinance. 1 there's anything wrong with the Crossing. You know, it's
2 ~Ve would consider coming up with additional 2 a great retail area. It serves a need, but that's not
3 language at a future time. If other examples like that 3 exactly what we're hoping to see at Raynor Ranch.
4 come up that, we feel like this iskind of a and the 4 And, again, the letter of credit issue is
5 applicant can speak for this, as well. VL~e feel like this 5 we're asking to pull that off the table for now,
6 is kind of a unique situation. And we are hoping that ~ So with that, I would be happy to answer
~ thls is gaing to be klnd of ~ one-time thing. So we would ? any of your questions.
S encor~rage you to, if you wanted to support this, make thrs $ CO1~IIvII~10NER EAGI~ET~N: Any questions for
9 a onetime exception to the rerlay District. 9 staff? Na questions from staff.
1 a Something else to consider. In terms of 10 CQNiMI~IONER LYKE: How is it if we take
i 1 where the blue wedge faces, it does face to the south, 11 your advice and use this as the unique situation
12 It's along this elevation here. It does not face ~.5. 12 standalone decision, how do we da that? Ilo~r do we then
13 380 It will be visible from the freeway, from the 1~ say, ol~ay, this was it. Instead of someone using this and
14 overpass. But, again, when you're looking to be corning 14 someone else using this as a precedent and saying, we want 15 along U.S. 380, it will be there's burin landscaping
as 15 to do this now, How da we draw that line?
t 6 screening slang that elevation. So what you're going to 16 MR. RUSSELL; ~Te11, the recommendation in
1? see from U., 3a is this bottom elevation here, 17 this case, technically what you wilt carry forward to City
18 Something else that concerns staff and the 1$ Council would be that elevation, And, basically, the
19 reason why, again, we want this to be a one-time 1 ~ wording would be we' 11 follow all of the regulations in
20 exception. We're going to use Denton Crossing would be an 2~ the color pallet with the design standards, with one
21 example. We do feel that in the case of Denton Crossing, 21 exception, that one being the attached elevation, Exhibit
22 there was cantir~uity in the original design for the 22 number whatever that's going to be.
23 architecture. And I'm going to show you from starting 23 C~MMISSI~NER EAGLEToN: 1 think legal has a
24 toward the eastern area of the development, the Kroger. ~4 comment,
2~ And you're kind of panning to the rest of the development, ~5 DRAKE: Well, I dust heard arneane
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1 mention legally, o r was antic~pat~ng this. But 1 business and someone is courting a to cone to a place,
~ certainly if we were to do this, it certainly opens up the 2 but I build my business around a certain leak, to change
3 passibility of sarneone else coming forward and saying, 3 the logo with certain colors, certain design, and certain
4 well, wait a minute. You did that for Best Buy, you know. 4 shapes. The last thing I would want to do irr a business
~ Can you make one mare exception? 5 somewhere, ~ Can we revisit the issue of whether ar net 6 The second thing is haw many you know,
? the veal-Mart stores could be blue. Could e visit the 7 we're talking about architectural designs. How many
S issue of whether this other store could be of this style 8 times, really, is a business' identification in terms of
9 and what have you. And isn't it rather problematic for 9 their sign ar their logo part of the architecture's I' ~n
1~ you that you only did it far this one and only store but la trying to run through examples. And I can't think of that
11 won't consider it far these ethers. 11 many tunes that that would be the case.
Fart of the justification and Chuck 1~ You know, the third thing is if somebody
13 pointed this out in his presentation the applicant 1 ~ came in and offered a bunch of money and their logo was a
14 requested that this development be handled as an overlay 14 big red dot with a big red circle around it, ghat would we
15 Zoning District rather than gait for the master plan t5 do then`? It's net really an architectural issue,
16 community standards to come online. That's all well and 1 ~ And the fourth thing is if I'~n a person
t7 goad, except that our overlay standards that we have in 1~ driving dawn the highway and I'~n really leaking far a Bast
~ 8 the Cade are predicated on the notion that the area is 1 S Buy, that's a welcarne site for me is to see that big
19 unique. That there are common features of this area that 19 wedge, That's how they're identified.
2~ make it different from other areas of the City. And 2a 5o just same comments.
2t that's what justifies deviations from the standards that 21 1~R. C[.J1vNIN~I3AM: Can I answer that?
22 apply elsewhere in the City. COMMIS,~IoN~R EAGLETDN: Sure
23 That because of its uniqueness, because of 23 CUNNtNGHAM: okay. Let me go an record
~4 the uniq~zeness of this design, because of the uniqueness ~4 as saying that I'm a Best Buy junky. Dkay. I fell in
of the character of this area this location, this 25 love with Best Buy when Y was a student at U]~EC. Back
Page ~8 Page 100
1 whatever you want to say about this development. Because 1 then ~l~'s were, basically, came new on the market. And
~ it is unique and has all of these kind of features that 2 Best Buy used to have the largest selection of CIA's and
3 makes it different, that is what justifies having a ~ the cheapest price of ~~'s. And ever since then, I've
4 different set of standards apply here than what apply 4 been a big Best Buy fan,
i 5 elsewhere. ~ I been here about three months. And since
~ o net only do you have that issue with ~ I've been here I've spent approximately ~7,~~0 at Best
7 kind of an internal consistency, but then you also invite 7 Buy. when I first came here one of the first things that
8 kmd of an external questioning of whether we're treating 8 Z wanted to find was Best Buy. And I found it an Lapp
9 this Overlay District in a consistent fashion with its 9 ~8$. And it wasn't because of the big blue wedge, It's
1 ~ purposes as set forth in the Cade. 1 ~ because of Best Buy has a let ine ga in any wallet here.
1 t ~o as far as how would you da that and t i This is my Best Buy Rewards done Card. And I' 11 tell you
l2 guarantee that that won't be an issue, you can't guarantee 1~ about that in a few minutes.
13 that that vsron't be an issue. The best that you could do t 3 But their sign they have a yellow sign l4 is to put some wording in there to clarify what the intent 14
that looks like this. And I spent so much money at Best
~ 5 is of the re~,aning. 15 Buy that day, they glue me a $~00 gift card, They also
1 ~ Aside from that, I don't know. It may be 1 b sent me a coupon for I for niy birthday,
l7 possible to put some kind of deed restrictions an the 17 Dkay. since r've been here I've bought a
1 S development that would tie it to particular architectural 18 refrigerator and a washer and dryer front load, L~. And
1~ standards, notwithstanding the deviation here. But that 1~ I'll tell you this. The products that ~ also bought a
2~ would likely be very onerous and it would be something fiat screen z v.
2t that would create kind of an administrative problem far 21 Now, when I went to buy my refrigerator, I
2~ staff and might even have a real problem for the applicant 22 ended up buying a Samsung refrigerator, stainless steel.
23 as they try to carry on about their business. 23 7 call it a double door. The young lady was so gracious
24 CDMMISI~N~R EAGL~TON: I have just a ~4 to correct me and let ine knave that it was a French door.
25 couple comments. One is that, first of all, if I'in a 25 And I went to get, you know, the regular
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1 MR RUSSELL: as being unique as opposed 1 that people are coming that they're coming to shop
2 to the facade. You're going to you know, if Dick's 2 here, to eat here, to spend time here. They"re expecting
3 Sporting Goads is the candidate far the spot next to this, 3 there"s going to be stores with signs out, And they
~ I think Randy has Shawn that two weeks ago. what they're 4 expect a slightly different solar, You know, that's what
~ proposing to be different, the green area, that's the 5 draws you down the aisle, if you will.
~ sign. 6 MR. RUSSELL: Arid I guess that's kind of 7 C~MMISSI~NER ICING: okay, ~ the paint I was trying was hoping to make is that, yes,
8 MR. R[JSELL: Best Buy is just kind of in a 8 we understand signage does need to be unique and there is
~ unlque sltuatlan ~n that and, again, it's nat the 9 carne signature signage that we expect to see.
1 a we"re not having an issue with let me get my mouse to 14 And if you go back to those pictures I
11 wake up not having an issue with this elevation. That l t showed you at Denton Grassing, you know, you have the
12 sign. we're not having an issue with this elevation, 12 basic architecture in place. The style, the materials.
13 that sign. It's just the fact that their sign is also a l3 But within each one of the tops of those little towers
14 big part of their facade. 1 ~ if I can get there. I think I went too far. you have
15 CGMMY,SSIGNEI~ KING. well, that's part of my i ~ a space set aside for a sign. And you can see it an those
i ~ question is aside from their sign, there's not rrxuch else i G Best Buys right there that don "t have the blue wedge.
17 about the building that's unique. And it appears to rrre in I7 You have a spot set aside far the signage.
i the other drawing. And my thought is you could approve I S CDNiMISSII~NER DING: Do you know where those
l the sign with the swish, but the rest of it is rather 19 are, by chance?
~a boxlike, And I wonder if that"s just a selection of Za RUSSELL: They're all around the
~ 1 drawing versus the other drawings that we've seen. Because ~ 1 country.
2~ I"rn behind someone waiving their arms as much as they can 22 GDMMISSIDNER KING: Do you knave where those
~3 to drag attention tQ themselves to come da business with ~3 two might be"~ where the closest to here might be?
24 them and say here we are. ~4 MR. kUSSELL: fine's one's in California.
~5 And even that logo dawn"t dictate the ~5 And I don't remember, I'm sorry. They might bath be in
Page 1 ~b Page 1 a
1 whole entire building. The rest of the building seems 1 alifarnia.
~ rather boxlike compared to the drawings the other 2 CDMISSIDNER KING: Gkay.
3 exhibits that we have to compare to. 3 M~. RUSSELL; So when you ga around the
4 MR. RUSSELL: And that may also be in 4 Denton gassing example, you can see that that basic
5 and I'm gaing off the deep end here. I'm not I don't 5 architecture is there. But then you have a spat set aside
~ do well with architectural guidelines, generally speaking. ~ for each one of their signs, their attached signs.
7 But that may have something to da with the fact that the ~ CDMMISSIQNER KYNG; Gkay.
S size of this building is not the same massive size as the 8 RUSSELL: I think we fully anticipate
~ wal~Mart. in the veal-Mart facade wal~Mart is clearly there.
la CQ~IMISSiONER KING: Uh-huh. 10 Their logo is there. And we're gaing to be going through
t 1 MR. I~~SSSELL: You knave, you're looking at 11 a special sign district just for Rayzor Ranch in the near
1~ 3 a,aaa feet far this particular piece of the box versus i ~ future. I've seen some of the advanced pictures, and the
13 20a,aaa square feet a veal-Mart where you have such a t 3 detached signs look great. The pile-on signs lack great.
14 huge front facade that. There's several places where 14 It's kind of a metal look and it dawn "t it's very 15 there needs to be breaks, changes ire depth, changes in
15 unique. But, yes, we anticipate the attached signs where
16 elevation. 1 ~ the actual retailers are going to be unique to them,
t? ~OMMISSIQNER KING: That may be a question t? And that's not the issue with Best Buy.
18 that Mr. Holcomb wants to answer later in the I8 Again, it just happens to be that their sign also happens
19 presentation. 19 to be a big part of their front facade.
~D MR. RUSSELL: You da have and you're 20 CGMNIISSI~I~ER EAGLETON: Commissioner Lyke,
~ t right. 'T'his down"t have as much gaing an maybe as what ~ 1 please.
you saw on that wa1-IVfart ar Sara's elevation. That maybe ~2 C~MMISSI~NER LYKE; when we tabled this a
~3 something we can talk about, adding a little more flair to ~3 couple of weeks ago I know that Commissioner Thorr~as was
~4 this, talking about looking far same type of quantifiable way
~5 CDMMIS,I~NER KING; Because I would expect ~5 MR. RC]SSELL; Uh-huh.
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1 CDMMISIQNER t,YK~; --that we could say, 1 a difference of opinion. But if they did, well, then you
~ okay, these are the situations under which we would 2 might have to look at, okay, well, if that is a part of
3 deviate into this percentage or same way to quantify our 3 the sign, should the entire area of that wedge be figured
4 decisions. 4 into the square footage of the sign and take it into 5 NIy fear is that if a just say, okay, let's 5 consideration as you look at how big that
sign is. And I
6 just ga ahead and da that because you want to da that, 6 don't think that that's something that would be
~ that we could be charged with being arbitrary capnciaus ? consistent, at least from, you kna~v, the stare's
8 later an when thane situations nay arise again. 8 standpoint as something that they would want to have in
Was there any talk of how we would make a ~ place, That the area would be diminished because of
l0 quantifiable decision an when we would grant a variance in IO restrictions on_sign regulations.
11 this and when we would nat'~ 11 CONiMr~s10NER ~~GLEToN: Vie have comments
~ ~ ~t.rss~~r~: z guess what we're hoping to 1 ~ from I~r, cha~ake and then r. King.
13 see and the applicant can speak to this, as well. We 13 CDIV~MI~s~oNER scx~K~: I've been thinking
1 ~ do we are hoping that the Best Buy i a unique 14 about this for a while, wavering somewhat back and Earth,
15 situation. That we"11 be able to handle the requests as 15 and certainly understanding argument for uniqueness.
1 ~ they came in through the sign package. Because it seems 1 b But I don't think I can really justify the uniqueness in
1? to one that, primarily, what we're talking about is signage 17 the sense that you don't have onetime exceptions. once
1 S with the other examples that we"ve seen. 1 S you make an exception, you're going to be open for lots of
19 You know, I can't predict I don't know 1 exceptions.
for a fact that we won't see some other Best Buy type user ~a I think Jerry just made an excellent paint
~ 1 come in with a whale different type of a facade that their ~ 1 about the architectural feature of it as opposed to j ust a
~2 request for a variation frarn the standards. But at this ~2 sign feature. I'm very worried about putting this big
23 point in time I feel like Best Buy is the only thing is Z3 blue wedge out there. I don ~ t think that it's in keeping
24 a unique situation. ~4 with the whale tone, the whale design, the whale feel that
2~ I do feel like we can handle the other ~5 Rayzar Ranch is supposed to be about. We've been tall
Page 11 a Page 11 ~
1 retailers through the sign package when we bring that 1 about Raynor Ranch and we have been looking forward to
~ forward. ~ Ray~ar Ranch. There's going to be a museum there.
3 ~~MMI~sI~NER EACLETDN~ We have a comment ~ I think that people are not going to stop
4 from legal. 4 there just because they see the blue sign. The~r're going
5 ~ guess just sort of fallowing 5 to come there because it was their planned intention to ga
6 up an that. I guess to me what seems to make this mare of ~ visit Raynor Ranch. And while they're there, they will
7 an architectural issue than a sign issue is that it's not 7 discover all of the wonderful stares that are there. And
8 something that you would really handle through a sign ~ it seems like we're all running around hunting for a big
9 district. It's something that's different Pram, you knave, 9 blue wedge. 7 think eve ga off to a snapping center and
1~ what the Board of Adjustment might look at far a sign ~a there we find it, or we go to the Internet and we find out
11 variance or the cart of standards that ynu would have ~ i where is the nearest Best Buy.
1 ~ associated with a sign. It's really a component of the I ~ And I have changed I really have great
13 building, itself, rather than that. t ~ fear and trepidation of going ahead and making an 1~ 'You know, you could imagine that, okay, if 14 exception one time
only because I just think that's going
15 Best Buy were to go out of business and the sign were to t 5 to open the door to a lat. And we're going to ruin what
16 come dawn, you would still have a building with a wedge an t ~ was really planned as a wonderfully ideal master plan
17 it that would be out of character with the rest of the 17 whale look, experience hind of snapping, living,
18 buildings that are there. And in repurposing that ~ 8 entertainment.
19 building, You would still have that issue to contend with. t ~ It" s been we wi11 vsrait. I realise it's
2a ~a it's I guess in my mind that's really ~0 along time coming, but I think it's worth the wait
21 haw you separate out the issue of whether it"s a component ~ 1 because I think it's going to be really good. And I don't
22 of the sign, itself, or a signature element of the 2Z think we should hastily be kind of lured into, oh, we
23 building's architecture, Is it really a co~nparient part of could just make this a one tune, and then we can all walk
~4 the building. It"shat, you know, part of the site. And 24 away. I don't think that would be what serves us all the
I suppose solve people might say, well, you know, I've gat 2~ very best.
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~ I think we should look at this as this is 1 Sa, you know, deed restrictions, Jerry.
2 Raynor Ranch and let's stick to our guns this time. I 2 It's deed restricted today. e have a master plan deed
~ think that that says something far the City and the 3 restriction with the f arr~ily. It says this is the
4 planned developrrlent that it is. 4 ordinance. ~a that's we've got strict guidelines
5 CDMMII~NER EAGI,ETDN; Thank yau, Dr. ~ there.
6 chaake. And, Mr. King, we still have our public hearing b As it relates to one-off exceptions, you 7 to address, so if we can talk fast. 7 know, Wal-Mart came
taus. wanted to bring in and make
8 CDMMI~I~NER KING: I, actually, thought we 8 changes to the architectural nature of their stare. we
~ were going to see some illusion to what the sign rules 9 said, na, we wouldn't support them. They came in and met
1 a might be. Not Gust aone-time exception. Sa I'rn in 1 a with staff. Brian and I both agreed we're not going to
1 I agreement, 11 agree to them, a we supported staff and said no.
1~ And just alluding to a 2,04 penalty. t2. This is a one-off exception where we need
t 3 while that would be called a penalty, that just, in 1 ~ to da this. This is important. This is a merchant.
I4 effect, becomes a fee to deviate frarrr architectural sign 14 This is part of their design.
15 rules. I mean, the cost of the sign is substantially more 15 Jerry, if somebody comes back in and wants
lb than ~,aaa. Sa it's just 2,a~a on tap the cost of the 1~ to renovate that stare afterwards, they're going to knock
1? sign. a I don't see that that is a practical way to apply 1? that blue wedge off. Nobody would ever go into a
18 that. 1 ~ secondary Best Buy stare and have that blue wedge up
19 NIR. DRAKE; well, there is an issue with t ~ there. Everybody knows that would be a Best Buy store.
2a that. This zoning regulation, it would be subject to that Pads. Our design criteria covers all of
21 penalty far every day that that condition were to exist. ~ 1 the street retail, the pads and everything, a in the
22 a, potentially, it's not just aone-time ~2,~a~ charge 2~ case of a whataburger, they'll have the Raynor Ranch stone
23 for violating 23 all across the franc of it. The only difference will be
~4 COM~II~SIDNER KING; Okay. 24 they'll have their orange and white raaf, but that's it,
~5 DRAKE; the zoning standard. 25 That's the only part you'll know that it"s a whataburger,
Page 1 ~ 4 Page 11 ~
l C~MMIS~IDNER KING; Thanks for that 1 So they still have their identity, but that's it. But all
2 clarification. I think we were still, my point was we 2 our criteria extends out to the street.
3 were looking far some illusion to what the sign rules 3 Again, you~guys, your call. But remember
4 might be. And I'II shut up right there. 4 this day. I'm not crying waif. I mean, we"re close.
5 GDMMISSIONER EAGLETON: Qkay. If no more, 5 we're really close to being done with this,
6 if we could hear from the petitioner, please. 6 Thanks.
? MR. H~LC~~Ia: First of all, Chuck, thanks ~ GOMMISS10NER EAGLETGN; Any other questions
S far the compliment. I appreciate that. 8 ar camrnents`~ I don't have any cards in support or
~ Gosh, let me address your comment first. 9 apposition. Do we have anyone who wishes to speak in
la Fall, we're assuming this is going to happen. You have a 14 support? Anyone in apposition?
11 dirt pile out there today. And I"~n not crying waif, And, 1 t Okay. At this time I'll close the Public
1~ quite candidly, it's two gears. I'm fixed of this. I'xn 12 Hearing and entertain a nation.
13 really I"m ready to just give up. And, really, not to 13 CoMMisIONER THO~VIAS; May I have a quick
14 cry wolf, but don't be surprised. Please remember this ] 4 comment? . 15 day, you know. If we don't approve this, rerrxember this f 5 CGMMIS~IGNEIt EAGLETDN;
Gr comments, yes.
16 day. I think yau might be surprised what happens and what t G C~MMISSI0NE1~ TtIOMAS: I really understand
l7 dawn't happen. 1? yaux frustration. Been there.
18 Yau know, our equity partners have gone t S One thing far clarification is all thaw
1 sideways an us where we"re trying tQ court a partner to I9 architectural guidelines, City staff didn't come up with
~a bring them in, ~o the first thing we do is say, hey, Best ~a those. Yau did. And yau sold it to us and we laved it
~ 1 Buy killed this deal because the City wouldn't approve the ~ 1 and we still think it's great.
~2 blue wedge that they have on the other side of town. I ~Z The economy has changed a little bit since
~3 mean, you talk about highland Village. They have that ~3 then. I realize there's been problems, There's been
~4 blue wedge. It's a great looking develapn~ent. we're not 24 delays. I think that when we spoke last week that there
~5 ca~npramising our architectural guidelines one iota. ~ was a way and I' 11 use the term again as Dr, Lyke
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I referral to earlier to quantify. And if that won't 1 it' ~ an the south side. The swash is on the south side.
2 work, I think it is setting a precedent. 2 It's a little hit towards the inside of the development,
~ MR. HoLCONIB: We did look at 3 itself.
4 COMMISSIONER EAGLETDN: If you would ga 4 MR. RUSSELL: ammissioners, I guess the
5 ahead and come to tha rnic, Randy. 5 thought I had or that staff had was, again, if you decided
G 1vIR. HOLCOMI3; We did lank at carving with G tQ move forward with this tonight, that you would be 7 some criteria. But what happened was it opened up 7 approving
that specific elevation. That would be your
S Pandora's Box, The blue wedge occupies tav much of that exception. Basically, you would add ~ would say do we
9 stare front. So if we wrote something into the ordinance 9 want to add language that would say that all of the other
10 that said they could deviate, as such, it was too big. It 1D conditions continue to apply with the fallowing exception:
11 was bigger to look at as a ane~off exception than it was 1 ] That attached Exhibit ~vhatevar A, B, whatever we want
1~ to write it in because if you did that, then you could 1~ to call it is approved as an exception to the rest of
13 have that big blue wedgy across everybody because it would 1 ~ the tech standards. So you have that specific elevation
14 have that variance in place. ] 4 would be approved.
15 Back to the architectural guidelines. ~ 5 CO~IIvI~S,YONER EAGLETON: All right. Dr.
16 We're not deviating the to your point, it's still ~ ~ Lyke.
1 ~ the south side has ~nora of a contemporary spin to it still 17 CGNINItS,SI4NER LYK.E: I'm almost of the
18 Frith the Texas farm and ranch vernacular that we're not 1 S opinion that that elevation if the wedge is painting
I ~ deviating frozr~. Tha earth side has mare of the gable 19 into the inside of the development, that's almost mare
roofs and the south side has a little bit mare of the 2~ it stands out mare. If it when you're in that
21 straight lines that I talkad about in the last meeting, 21 dcvaloprrxent and you're looking at the trees and you're
Sa all of this is still in the same design 22 looking at the, you know, rasidential and you're looking
2~ pallet, This, our criteria, has not changed. We're not ~3 at the other storas, and then they are of the sa~r~e
24 with this blue wedge with this box, all we're deviating 24 architectural vernacular. And then suddenly while you're
25 from is tha blue wedge, itself. loot anything else on the 2~ inside this development you go, way, blue wedge, I would
Page 11$ Page l 20
i design criteria. a it's still very much still the same, i say that is even more invasive, perhaps, than if the
~ CGMMIIQNER EAGLETON: If I can just have ~ elevation were facing out.
a comment. 3 And I'rn thinking from the drawing business
4 You know, I think wa all take our jabs 4 perspective, simply the location alone of this Best Buy
really seriously here. But if we can step back for just a S makes it significantly more accessible to consumers than
6 minute and just realise we're not talking life and death 6 the ono on the I~aap, for instance. Dr, you knave, many oi'
? here, We're just not. We just really are eat talking 7 them that are nearby even in Lewisville. I think that
8 life and death. It's an opportunity to get a project 8 location alone makes this Best Buy a Best Buy that people
done. And Ijust I feel like it's, again, Best Buy is 9 will find via the Internet, via their frequent flier's
I ~ unique in that their identity is part of this this blue 1 ~ cards. I think that alone will speak to Best Buy.
11 wedge is part of their identity. And I can't think of too t 1 COMMISSIONER EAGLETON: Okay. Thank you,
I ~ many other examples where a stare has something like that. 12 If any more rt~ if no more questions or
13 Sa I guess I'm just thinking of what the possibilities 13 comments, I would like to entertain a motion. 14 are, And I guess I don't really have a problem with ~4
COMMISSIONER SCHAAKE: INAUDIBLE.
15 making an exception, It's a we axe amending a Special 1 S COMMISSIONER EAGLET~N: Your mic is off.
1 ~ Purpose Dverlay District is what we're doing if we were to 1 ~ If you ~vauld repeat that,
1? approve that, t7 COMMISSIONER SCHAAx~: I would like to make
1 ~ Mr. Ding. i $ a rr~otion to deny the request.
19 COMMISSIONER KING: Wrong button. You 19 COMMISSIQNER EAGLETDN: Qkay, We have a
know, I would agree. I think that cart of one-over. I motion to deny the request by I~r. Schaake, Second?
~ 1 didn't understand the transition from the location. Is ~ 1 COMMISSIONER LYKE~ ~ would second,
~2 thera a way to amend this that that sign for Best Buy for Z~ COMMISSIONER EAGLETON: We have a second by
23 the s~vosh would only apply while it is a Best Buy? If it ~3 l~r. Lyka. Please vote on tha hoard. date passes ~ to
~4 were to change done the road, would that he possible? ~4 Okay. Sa, again, to clarify. T'ha vote was
~ Because I don't see the problem either. Especially since 25 to deny the arriendnaent to the proposed Overlay District.
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1 Thank you. ~
~ okay. Item B . ~
3 1VIR. DRAKE: Precisely, it would a 3
4 reconunendation of denial, It could ga anta City Council, 4
5 but who could overturn it with the super rr~aj arity vote. 5 6 ~OM~viI~IDNER EAGLETQN: okay, Thank you, ~
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PLAN~VIN~ ANA ~~NI~C lLA~ E55I0]~ APRIL 9, ~D~B Pale 1~1 ~ gage 1~4
i
EXHIBIT 11
s:lour docut~entslordinance~1~81ray~ar ranch overlay ar~inance ~rchi~cc~ura~ supersedure 5.7.08 cr.~~c
AN RDIIV,ANCE ~F THE CITY ~F DENTIN, TEXAS ` AMEND INS THE
DEVELOPl1~ENT STANDARDS FAR THE RA~~R RA.NC~I ~VERLA~ DISTRI T BY .
SUPERSEDING PRE~I~USLY APPR~~'ED ARCI~ZTETCJ~AL DE . LINES,
PR~~IDING FQR SE~ERABILIT~; PR~~IDING FAR PENALTY n~I THE 11~AX Il1~CT
AIVIGUNT OF $~,0~0.~o FAR VI~LI~TI~NS TPIERE~F AND PR~~IDIN ~ . AN
EFFECTNE DATE.
wHRE~S, the owner of the Property seeps supersedure of the reviousl a roved p y pP architectural gu~delmes associated with the Raynor Ranch verla District`
and
~ ~
wI~EREA, on Ap~,l 9, 2ooS, the Planning and honing Con~,nission, conducted a ublic
p hearing and reco~.ended ~eni~~ of the re~ueted a~nend~nent• ~
wH~IA, on ll~ay ~o~S, the City Council held a public hearin as re aired b law
~ ~ y and approved the requested ana.ende~t by not leis than a 3f~ rna`orit vote' New THEREFORE
J ~ ~ ,
THE C~I~NCIL ~F THE CITY 0~' DENTIN PIEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the rean~ble of this ordi p nance
are incorporated hercln by reference as tru.e~
SECTION The architectural guidelines associated wig the Ra or Ranch ~verla
I)1s ~ ~ tact, as set forth in. E~hibrt D of ordinance 2008-~ 18 are hereby superseded with the attached
E~hibtt ~ of this ordinance.
SECTION If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shallrn no way affect the validity of the rernainln rovisions
gp or sections of this ordinance, which shall remain in full force and effect,
ECT~ON~4. Arty person violating any provision of this ordinance shall u on
conviction be fined a ~ p sum not exceeding Each day that a provls~on of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. That this ordinance shall became effective fourteen ~I4} days frarn the
date of its passage, and the C1ty Secretary . is hereby directed to cause the ca tiara of this p
ordinance to be published twice in the Dentan Record-Chronicle, the official news a er of the pp
City of Denton, Teas within ten ~ 1 days of the date of its assa e. p ~
Page I
I
P.A~ A A.PPR~~EI~ s the ~ day of _
PRY ~VIcNP~~L, ~iAY~I~
ATTEST`:
J~VI~~R ALTERS, CITY SECRETARY
By:
APP~~D A ~~AI1 P~R~:
I~~ NYDE~, CITY 'T~'~RI~~Y . ~.~~R~w~
o-x'#' ry J" M
~rW
~ _ .w+- ..y f r .r'~rM ~ . y~~ .
Page 2
Exhibit A
List o~E~h~b~~s
E~hi~~t D: ChlteCt~1~'a~ ~tan~a~d all~able In c~assl~lCatlon RR-1 and RR-2 of the Raox
Ranch overlay District, ~upc~e~~ng Exhibit D t~ ~r~~nance 2~OS-~1 ,
Pay ~
Exhibit D
Architectural Guidelines
Article 7 Large Scale Development Regulations (RR3)
Building design shall contribute to the uniqueness of the development with predominant materials, ele-
ments, features, color range and activity areas tailored specifically to the site and its context. In the case of
a multiple building development, each individual building shall include predominant characteristics shared
by all buildings in the development so that the development forms a cohesive place within the zone district
or community. A standardized prototype design shall be modified as necessary to comply with the require-
ments of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a
single user and located in a RR-3 district shall comply with the following standards:
A. Orientation:
1. Architectural features on building facades that are visible from I-35N and ~1Uest University Drive
(excluding facades facing residential property that are screened by an eight-foot masonry wall
and facades facing the side or rear of property zoned and used for commercial purposes or indus-
trial purposes) shall provide the following design features: (Refer to photographs in Appendix F)
a. Facade walls shall not have an uninterrupted length in excess of one hundred feet (100'). Facades to provide the following at intervals no greater than one hundred feet
(100' )
excluding elements provided in Item d (Entryways) below:
i. Color change, texture change, and material changes within the walls.
11. A change in wall plane no less than twelve inches (12") in depth extending a
length of a minimum of twenty feet (20') and
111. Variations in the top of the wall of a minimum of two feet in the height.
b. Top of walls shall also have overhanging eaves or horizontal elements, extending no less
than three (3) feet past the supporting walls, or sloped roof elements, or cornice expres-
sions or coping detail or minimum twelve inches (12") tall.
c. Facades shall also provide at least one of the following:
i. ~Uall plane projections or recesses having a depth of at least 3% of the length of
the facade and extending at least 20% of the length of the facade, not to exceed
one hundred feet (100').
11. Pilasters projecting from the plane of the wall by a minimum of sixteen inches
(16"). The use of pilasters to interrupt horizontal patterns such as accent banding
is encouraged.
111. Canopies, awnings, Or pOrtlcOS pr0~ecting a minlmum of S1X feet (6') from the plane of the primary facade walls.
iv. Repetitive ornamentation including decorative applied features such as wall-
mountedlight fixtures or applied materials. Repetitive ornamentation shall be
located with a maximum spacing of fifty feet (50').
v. Faux window/framed elements.
d. Entryways. Each large retail establishment on a site shall have clearly defined, highly
visible customer entrances. Stone is required to be used as a major portion of the wall
material at each customer entrance.
e. The building shall have a design element that emulates the Rayzor Ranch signature
feature. This includes building materials and architecturally compatible light fixtures.
This element should occur at an entryway.
2. Architectural Features on building facades facing residential property that are screened by an
eight-foot masonry wall and facades facing the side or rear of property zoned and used for com-
mercial purposes or industrial purposes should have the following elements: (Refer to photo-
graphs in Appendix F)
a. A pattern that includes all of the following elements at intervals of no more than one
hundred (100') feet, horizontally. The following pattern is also to occur vertically at least
once within the height of the building, above ten feet (10') height:
i. Color change, texture change, and a change in plane, no less than 2'-8" in width,
such as an offset, reveal or projecting pilaster with a stepped capital or coping.
b. Variation in the top of the wall of a minimum two feet (2') change in height at maximum
of two hundred feet (200') intervals. Peaks, arches, or other expressions of the front wall
form are encouraged and should be used.
c. Top of the wall to have a cornice or coping detail a minimum of twelve inches (12") tall.
3. Sidewalk display and cart storage. Areas for customer loading or merchandise shall be clearly de-
lineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen
feet (15') on either side of the door(s).
4. Permanent outdoor display, sales and storage. Merchandise maybe stored or displayed for sale to customers on the front or side of the buildings in accordance with this paragraph.
a. The total square footage of all permanent outdoor storage, display, and sales areas shall be
limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square
feet, except for home improvement use, which may not exceed 45,000 square feet of out-
door storage and the 10% footprint restriction does not apply.
b. Permanent outdoor storage, display and sales shall be contiguous to the building and shall
not be permitted within seventy-five feet (75') of residential property.
c. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot
(8') wall of columns minimum two inches (2') wide, of like appearance to the building
with wrought iron or decorative tubular fencing between, and topped by wrought iron or
tubular steel fencing. No merchandise other than trees shall be visible above the wall or
fence. (Refer to photographs in Appendix F)
d. Seasonal outdoor display will be allowed. Size will be limited to 11, 000 square feet
maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten
feet (10') in height except for trees.
5. Rear Storage. Bulk merchandise maybe stored behind the building. The sides and back of the
storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot
masonry wall and
landscaped buffer yard, in which case additional screening is not required. Windscreen shall be
maintained in good repair and free of tears. The rear storage area shall not be accessible to cus-
tomers. Merchandise shall be stacked no higher than twenty-five feet (25') or level with the top of
the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height
of the chain link fence.
6. Wall and landscaped buffer yard. An eight-foot masonry wall of brick, stone, split block or con-
crete cast to simulate such materials shall be constructed along the common boundary line of the
adjacent residential property, or as close as practicable in the event of intervening alleys, ease-
ments and drainage channels. If the large retail store property and residential property are sepa-
rated by intervening property under separate ownership that is less than 20 feet wide, a wall shall
be constructed along the property line of the large retail store facing the residential property.
7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise,
equipment or other items may not occur within one hundred feet (100') of residential property.
Loading docks must be located to the side or rear of the building unless the loading area is com-
pletelyscreened from the street, and loading docks shall be located more than one hundred feet
(100') from residential property except for area by Greenway Drive which shall be seventy five
feet (75'). Pavement maybe located within one hundred feet (100') of residential property.
8. Trash Collection and Compaction. Trash collection and compaction may not occur within one
hundred feet (100') feet of residential property and shall be screened from public view, except
seventy five feet (75') at Greenway Drive.
9. Mechanical equipment. No mechanical equipment maybe located within one hundred feet (100')
of residential property. Mechanical equipment shall be screened from public view on site.
B. Building Materials:
1. Fronts and street sides of buildings, excluding windows, visible from the public right-of way shall
benon-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO
board or other high quality material customarily used. For purposes of this subsection non-reflec-
tive means materials with exterior visible reflectance percentages less than 27 percent. Acceptable material and color palette (reference Appendix A-D):
• Limestone or varying colors, sizes and textures;
• Concrete -Architectural finish. Texture coated or textured and colored.
• Masonry - brick or decorative CMU.
• Porcelain Tile
• Galvanized metal panels or prefinished architectural metal panels of a neutral/earthtone color;
• Painted siding of a warm, neutral/earthtone color in accent areas only;
• EIFS or stucco of a warm, neutral/earthtone color;
• Accent colors of a warm, neutral/earthtone range are required but should be used in a
limited manner;
• Natural metals such as but not limited to zinc and copper;
• Natural wood, stained or painted.
• Roofing tile, metal shingles and panels, or slate in galvanized ornatural/earthtone color.
2. The use of ground mounted lighting or pedestrian level accent lighting is encouraged.
C. Streetscape/Public Spaces:
1. One square foot of Plaza or Public Space shall be required for every 10 square feet of gross
ground floor area. Plaza or Public Space maybe located anywhere within Rayzor Ranch. 2. Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which
maybe
located anywhere within Rayzor Ranch:
a. Sitting space - at least one sitting space for each 250 square feet shall be included in the
Plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty inches
(30") in width. Ledge benches shall have a minimum depth of thirty inches (30").
b. A mixture of areas that provide shade.
c. Trees in proportion to the space at a minimum of 1 tree per 800 square feet.
d. ~1Uater features or public art.
e. Outdoor eating areas or food vendors.
f. Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed,
minimum of 15 gallons. (Refer to photographs in Appendix F)
3. Each freestanding, large-scale development building shall have a minimum of 100' sq. ft. seating
area including permanent benches along the front sidewalk area. A minimum of one bike rack
shall also be included along the storefront. Bench and bike rack should be of an architecturally
consistent design.
D. Mechanical Equipment Screening:
1. All mechanical equipment should be fully screened from view from public on the site or public
pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrubbery or metal or wood screen wall system. Acceptable method for roof equipment is parapet
height exten-
sion or screening by slopped roof forms. Color or finish per acceptable material palette (reference
Appendix A-D).
E. Accessory Use:
1. All accessory uses to a large scale development shall be architecturally compatible with the main
structure.
Article 8 Definitions
Guidelines: Provisions which are not mandatory but, are provided in order to educate about design ob-
jectives.
Bid House: Residential buildings designed for multiple residential units with ten (10) units or less, ex-
cluding duplexes, either for rental or condominium ownership that are not multifamily.
Multifamily: Residential buildings designed for multiple residential units with greater than ten (10)
units.
Rayzor Ranch: The comprehensive (mixed use/master plan) development which includes both the
Rayzor Ranch Marketplace and Towne Center Overlay Districts.
Standards: Provisions which are mandatory and must be followed.
APPENDIX A
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Durable veneer materials available within the region: stone, metal, wood are utilized in a meaningful and prag-
maticway. Regional materials should be utilized when possible as their natural color palette harmonizes with this
environment and their close proximity encourages responsible material resourcing. Native Texas quarried stone
to have a warm, cream color and diverse range of color and finish. Wood (Cedar, pine, Douglas Fir), metals,
masonry should be used to provide complimentary color and texture. Standing Seam and slate roof materials are
appropriate for this aesthetic and should be utilized where the roof is the prominent component of the building
massing.
Example Material Applications
invest loc
nel Wood So et
Textured Coated Concrete
~ mg eam~b~
tive pu ose n.
P-1 -2 -4
Benjamin jami jamin enjamin Moore ll0 ore 1 7 ore 126 oore 1239
-5 -6 -8 enjamin enjami emec nemec
oore oore 3MT MT
G172 C-169
APPENDIX A
Example Material Applications (continued):
Colors are for illustrative purposes. Colors shown will closely match final color selection.
p-9 p-IO p-II p-IZ
SW6062 SW6335 SW6041 Benjamin Moore OC-5
P-15 P-16 P-13 P-14
SW6158 SW6136 SW0009 SW6ll7
P-17 P-18 P-19 P-20 SW2831 ICI 204 ICI 524 ICI 602
P-21 P-22 P-23 P-24
ICI 515 ICI 1676 ICI 1337 ICI 1674
P-25 P-26 P-27 P-28
ICI 1675 Benjamin Benjamin Benjamin Moore Moore Moore
HC-100 HC-105 AC-28
P-29 Benjamin
Moore
1603
APPENDIX B
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Canopy and Shading Applications
Sunshade
anopy
ver ang
T n in ~ ~
Arbor Trellis
Rayzor Ranch Architectural Guidelines
APPENDIX C
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Amenities
S eciali Merchandisin Benches
I
I
Trash Cans
Planters
s T I
_ ~
Li htin
Rayzor Ranch Architectural Guidelines
APPENDIX D
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Architectural Imagery
Utilitarian Materials
Functional Design
1 -~1 _
dscape ~ ~
Rayzor Ranch Architectural Guidelines
APPENDIX E
Rayzor Ranch Architectural Guidelines
Example Architectural Imagery (Big Houses):
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples:
' J~ a ~ ~ # I 1
~
- - - - -
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
_ -
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
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APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
- -
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Architectural Guidelines
Elevations for RR-1 and RR-2
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a!w~~sena ~eeeem wr~u xeAxwun; mgt ar~rrmwymerxn~ax:uow'm!w~iammxre~x~!ivw'~nwr ara~na eau
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, (940) 349-8354
SUBJECT - 507-0016 (Hickory Creek Center/Salvo Center)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
approving a Specific Use Permit (SUP) to allow a drive through associated with a pharmacy on
approximately 2.184-acres of land, generally located at the southwest corner of Hickory Creek
Road and Teasley Lane (F.M. 2181), and legally described as Lot 1, Block A of the Hickory
Creek Center addition, in the City of Denton, Denton County, Texas; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an effective date.
(507-0016). The Planning and Zoning Commission recommends approval (5-0).
BACKGROUND
Applicant: Salvo Real Estate Solutions Dallas, TX
The applicant is requesting a Specific Use Permit to allow a drive through associated with a
pharmacy on approximately 2.184-acres of land, generally located at the southwest corner of
Hickory Creek Road and Teasley Lane (F.M. 2181). The proposed pharmacy, a Walgreens
store, will have a single lane drive through, as shown on the attached site plan (Exhibit 5).
The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all
residents within 500 feet of the subject property, and property owners within 200 feet of the
subject property. As of this writing, no responses to the notices of public hearing have been
receive .
A public hearing was held by the Planning and Zoning Commission on April 9, 2008, and the
Commission recommends approval of this request (5-0).
PRIOR ACTION/REVIEW
April 9, 2008 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATIONS
The Development Review Committee recommends approval of this Specific Use Permit. The
Planning and Zoning Commission recommends approval of this request (5-0).
EXHIBITS
1. Staff Analysis
2. Location Map
3. Aerial Close Up of Subject Site
4. Letter From Applicant
5. Site Plan
6. Close Up of Drive Through Area
7. Notification Information
8 . Site Photo graphs
9. Minutes from the Planning and Zoning Commission
l o. Ordinance
Prepared by:
Jane Gurney
Associate Planner
Respectfully submitted:
Mark Cunningham, AICP
Director, Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: 507-0016 DATE TO BE CONSIDERED: May 6, 2008
LOCATION: The subject property is located at the southwest corner of Hickory
Creek Road and Teasley Lane.
APPLICANT/OWNER: Salvo Real Estate
5005 LBJ Freeway, Suite 840
Dallas, TX 75224
REQUEST: The applicant is requesting a Specific Use Permit to permit a drive
through use associated with a Walgreens pharmacy in a Neighborhood
Residential Mixed Use (NRMU) zoning district.
RECOMMENDATION: The Development Review Committee recommends approval of this
Specific Use Permit request.
COMPREHENSIVE Neighborhood Center
PLAN DESIGNATION:
SITE AND The property is located at the southwest corner of Hickory Creek Road
SURROUNDINGS: and Teasley Lane (F.M. 2181)
North: Neighborhood Residential 2 and 4 (NR-2, NR-4); Residential uses,
Hickory Creek Road and Lexington Park Subdivision, undeveloped
land
South: Neighborhood Residential 4 and 6 (NR-4, NR-6); Residential uses,
Hickory Creek Ranch Subdivision, Phase 1
East: Neighborhood Residential Mixed Use (NRMU) and Neighborhood
Residential (NR-4); Residential uses, Hickory Creek Plaza (New
Kroger site), Wheeler Ridge, Teasley Harbor
West: Neighborhood Residential 2 and 6 (NR-2, NR-6); Residential uses,
Hickory Creek Ranch Subdivision, Phase 2, Single Family uses,
Denton Municipal Electric Substation
BACKGROUND
INFORMATION: Salvo Real Estate Solutions is developing 16.422 acres at the southwest
corner Hickory Creek Road and Teasley Lane (F.M. 2181) with a
commercial development. Public improvements including the
widening of Hickory Creek Road, and the upgrading of a regional
drainage pond are currently under way on this property. The first lot
proposed to be developed is approximately 2.184 acres, and is located
at the corner of the intersection of Teasley Lane and Hickory Creek
Road. The final plat for this property was approved in December 2007;
however, it has not yet been filed pending the issuance of TxDOT
permits for improvements on Teasley Lane. These improvements
include a new signal light at the intersection of Teasley Lane and
Hickory Creek Road, a driveway from Teasley Lane, and the crossing
of the TxDOT right-of way for utilities related to wastewater from the
east side of Teasley Lane.
ANALYSIS:
Development The Denton Development Code, Subsection 35.5.3.2, requires a
Code/Zoning Analysis Specific Use Permit for drive through uses in Neighborhood
Residential Mixed Use (NRMU) zoning districts.
Criteria for approval of Specific Use Permits (SUPS) are provided in
35.6.4 of the Denton Development Code. The approval criteria for all
SUPS states that specific use permits shall be issued only if all of the
following conditions have been met:
A. That the use would be in conformance with all standards within the
zoning district in which the use is proposed to be located, and in
conformance with The Denton Plan and federal, state, or local law.
The proposed use of a drive through is permitted under the existing zoning,
provided a Specific Use Permit is issued. The proposed use of a pharmacy is
consistent with the future land use designation of the property,
Neighborhood Center, and will provide commercial services to existing
residential uses in the area. Therefore, if the Specific Use Permit (SUP) is
granted, the proposed drive through would be in conformance with the
Denton Plan and the Denton Development Code.
B. A specific permit shall be issued only if all of the following
conditions have been met:
1. That the specific use will be compatible with and not injurious to the
use and enjoyment of other property nor significantly diminish or
impair property values within the immediate vicinity;
2. That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant
property;
3. That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided;
4. The design, location and arrangement of all driveways and parking
spaces provides for the safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the general public or
adjacent developments;
5. That adequate nuisance prevention measures have been or will be
taken to prevent or control offensive odor, fumes, dust, noise and
vibration;
6. That directional lighting will be provided so as not to disturb or
adversely affect neighboring properties; and
7. That there is sufficient landscaping and screening to ensure harmony
and compatibility with adjacent property.
As part of the proposed larger development, the applicant will be improving roads, installing sidewalks, and providing adequate infrastructure and
utilities to support the proposed development. The drive through will not
directly impact any adjacent residential properties, and perimeter screening
and landscaping will be provided along the northern, southern and western
property lines. The drive through will be oriented in such a way, that the
traffic will be directed away from the public right-of--way, and any lighting
impacts will be directed internally to the proposed development.
C. That adequate capacity of infrastructure can and will be
provided to and through the subject property.
Adequate infrastructure and utilities either currently exit, or are being
installed by the developer, to support the proposed development. The
infrastructure improvements being made by the applicant in support of the
entire 16-acre development include improvements to Hickory Creek Road
and the traffic signal at the corner of Hickory Creek Road and Teasley
Lane (F.M. 2181), as well as the expansion of an existing detention area
which will serve as a regional drainage improvement.
D. That the Special Use is compatible with and will not have an
adverse impact on the surrounding area. When evaluating the effect of
the proposed use on the surrounding area, the following factors shall be
considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other
environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in The Denton
Plan.
7.Other factors found to be relevant to satisfy the requirements of this
Chapter.
An Alternative Development Plan (ADP08-0005) has been approved for this
site, permitting the development of the property as shown in the attached site plan (Exhibit 6). There are restrictions on the site due to utility
easements, which will prevent the installation of large trees, however, the
applicant is supplying adequate landscaping in order to achieve screening,
and the drive through has been located at the rear of the building, so as to
minimize the visual impact from the adjacent roadways.
DEPARTMENT AND The Development Review Committee has reviewed this application,
AGENCY REVIEW: and recommends approval of the Specific Use Permit for the drive
through.
The Planning and Zoning Commission recommends approval of this
request (5-0).
EXHIBIT 2
LOCATION MAP
EXHIBIT 3
AERIAL CLOSE UP OF SUBJECT SITE
EXHIBIT 4
LETTER FROM APPLICANT
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EXHIBIT 5
SITE PLAN
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EXHIBIT 6
CLOSE UP OF DRIVE THROUGH AREA
Hickory Creek Road
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EXHIBIT 7
NOTIFICATION INFORMATION
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Public Notification Date: March 30, 2008
200' Legal Notices* sent via Certified Mail: 6 Number of responses to 200' Legal Notice:
■ In Opposition: 0
■ I n Favor: 0
■ Neutral: 0
* - A copy of the notification list is available at City Hall West, 221
N. Elm Street. Denton. TX
EXHIBIT 8
SITE PHOTOS
View of property from Hickory Creek Road, View of property from Teasley Lane, looking
looking toward the south; June 2007. toward the west; June 2007.
View of property along Hickory Creek Road, looking
toward the west from the intersection of Hickory
Creek Road and Teasley Lane; March 2008.
EXHIBIT 9
~andenseIt~
Page 12~ Page 1 ~7
1 C~MMI,~SIQNER EAGLETDN: okay. Item B. is 1 COMMI~ION~R KING: Second.
2 to hold a Public Ilearing and consider making a 2 CDMMI~SIO~iER EAGLETQN: And a second from
3 recomendat~an regarding an SUP, a Special Use Permit, 3 Commissioner King. Please vote on the board. Motion
4 associated with a pharmacy. 4 passes ~ to 0. Thank you.
~ Ms. gurney. 5 And do we have any future agenda items?
~t~. ~UR~E~: Thank yau. 'I~is Specific Use 6 Seeing Wane, I will pronounce us adj curried. 7 Permit is, again, for the walgreens that you considered 7
S earlier this evening, sa i won't go into too much detail. S
9 And if yau have any questions regarding the site, please 9
1~ let me know. la
11 A Specific Use Permit is required because 1 ~
1 ~ they are proposing a drive through in a Neighborhood 1 ~
l 3 Residential 1Vlixed Use honing District. And the site plan ~ 3
I4 that's shown here that was just approved has parking along I4
15 the public right-af way, then the building, 15
1 ~ And the drive through, which is proposed to 16
1? be a single cane, is located at the rear of the building 17
18 with traffic directed inwards so there would be no light 1 S
19 impasse an the adjacent properties. It's ail directed i~
2~ inward, This is just a closeup of the drive through. 2~
2 ~ Notification was sent out and a sign was 2 Y
22 put on per State and local requirements, and na responses ~Z
~3 either in apparition or in favor were received. 23
And, again, to try to wrap it up briefly 24
2~ far you. I'm not sure how Mark feels about walgreens, if 25
Page 126
~ he snaps there.
~ Based on the criteria for a Specific U'se
3 Permit, staff is recommending approval of the Specific Use
4 Permit. And I know the applicant is here if you have any
questions.
~ CDMMISSI~NER EAGL~T~N: Dkay. Any
? questions of staff? If not, any --would the applicant
~ like tv came and speak?
~ UNIDENTIFIED ~FEAKER: ill answer any
1 a questions.
11 CDMMIS~IONER EAGLETQN: okay. Any
1 ~ questions of the applicant? Comments?
1 ~ Dkay. Da I hear a motion?
t 4 DI~AI~.E: You need to 15 ~QMMISSI~NER EA~LETDN: I'in sorry`?
1 ~ MR. DRAKE; close the Public Hearing.
1 ~ CO1VIlVIISIONER EAGLETQN: Yes. It is a
18 public hearing, so I'm going to ask if there are anyone
1 ~ is there anyone who would like to speak in support? I see
2~ none. Anyone who would like to speak in opposition`?
~ 1 Seeing Wane, we"ll close the Public hearing.
2~ And now I' 11 entertain a motion.
~3 I~~MI~ISiONER THOMAS: Move to approve.
24 ~QMMISSIONER EA~LET~N: we have a motion to
25 approve from Commissioner Tharrias.
PLAN]~INC ANI] ~~NING REGULAR L~I~N APRIL , 208 Page 12~ -Page 127
i
EXHIBIT 10
ORDINANCE N0. .
AN ORDINANCE OF THE CITY OF I~ENTON, TEAS, ARRO~TIl~ ~ SPECIFIC USE
PERMIT TO ALLOT A DRE THROUGH AS OCIATED KITH A PHARMACY ON
APPROXIIVITELY 2.184 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF HrC~ORY CREED ROAD AND TEASLEY LANE F.M. ~ 18 I}, AND LEGALLY
DES CRIBED A LOT 1, BLOCS A OF THE HICKORY CREED CENTER ADDITION, YN THE
CITY OF DENTON, DENTON COUNTY, TEAS; PRO~IDINCr FOR A PENALTY IN THE
M AMOUNT OF 2,000.00 FOR VrOLTIONS THEREOF, SE~ERABn1ITY AND AN
EFFECTIVE DATE. ~Q7-001 G~
WHEREAS, Salvo Real Estate Solutions, has applied for a Specific Use Permit to allow a
chive through on appro~in~ately 2.184 acres of land, generally located at the southwest corner of
H1cl~ory Cree1~ Road and Teasley Lane ~F., 2181 and xs more particularly described in Exhibit
attached hereto and made a part hereof by reference the "Property'}; and
WHEREAS, on April 9, 2008, the Planning and honing Con~nissivn concluded a pubic
~.earing as required by 1a~, and recommended approval of the requested Specific Use Permit; and
Y
WHEREAS, the City Council finds that the change is consistent .th the Denton Plan and the
Development Cade; NOS, THEREFORE,
THE COUNCIL OF THE CITE OF DENTON HEREBY ORDAINS
SECTION l . The findings and recitations contained in the preamble of this. ordinance are
incorporated herein by reference as true.
SECTION A Speci~~c Ilse Permit to allow a drive through on the Property is hereby
approved.
SECTION 3, The Specific Use Perna.~t ate Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved for the Property.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions ofthi ordi~.ance are severable.
SECTION 5. Any person violating any provrs~on ofth~s ordinance shall, upon conviction,
be fined a sum not exceeding 2,00000. Each day that a provision ofthis ordinance is violated shall
constitute separate and distinct offense.
SECTION 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 ofDenton, .
Teas, within ten ~10~ days of the date of its passage.
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PA~I~ ~ APPR~D this the ~ day of , ~~~7.
PE1Y R. cN~I~~, AYR
.TTET~
.~N~~~ ALTER, CITY ER~TARY
BY:
AP~~~~D A T~ ~~A~ ~'R:
LDS NE TT~RNE~
PACE 2
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LEGAL DERIP~`~~N
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AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, 349-8351
SUBJECT - A07-0006 (Hills of Denton North Annexation)
Consider adoption of an ordinance of the City of Denton, Texas, annexing by consent tracts of
land consisting of approximately 484.84 acres, contiguous and adjacent to the City of Denton,
generally located on the west side of Locust Street and south of Milam Road; approving a service
plan for the annexed property; providing a severability clause and an effective date (A07-0006).
The Planning and Zoning Commission recommends the annexation proceed as presented 7-0.
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
An annexation proceeding is being considered by the City of Denton for approximately 484.84
acres of land located west of Locust Street (FM 2164) and south of Milam Road. The subject
annexation area contains 26 parcels and is currently developed as Agriculture and Rural
Residential.
On April 3, 2007, the City annexed approximately 1,198 acres of land which is now part of the
Hills of Denton, located south of the subject annexation area. Following the annexation, on July
17, 2007, City Council approved the Hills of Denton Master Plan Community (MPC). The
applicant of the Hills of Denton MPC is the same as the applicant for the subject annexation.
The intent of the applicant is to annex the property into the City and then process an application
for a new MPC called Hills of Denton North.
The following items summarize the proposed annexation and important actions taken:
■ On April 15, 2008, City Council held the second of two public hearings.
■ On April 1, 2008, City Council held the first of two public hearings.
■ On March 12, 2008, Planning and Zoning Commission held a public hearing regarding
t e propose annexation.
■ The subject property proposed for annexation is located within City of Denton's Extra-
territorial Jurisdiction (ETJ) and is not zoned.
■ The Comprehensive Plan identifies this area to be within a Rural Areas and
Neighborhood Centers land use designation.
■ The annexation is scheduled for completion on June 17, 2008, see Exhibit 2.
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Annexation should be considered when a property is located
within the designated urbanizing area; is expected to accommodate urban growth in the next
twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of
way. The subject site is located in Demon's ETJ Division 1. As such, development is subject to
only the City's subdivision regulations and not zoning regulations. The subject property is not
within a platted lot; any subdivision or reconfiguration of the subject property will be subject to
the City's subdivision regulations. Incorporation of this site into the City would not require
additional properties.
Public notification information is provided in Exhibit 4. As of this writing, staff has received
one response from property owners within 200 feet of the subject site. The property owner is
neutral to the annexation petition.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
The Planning and Zoning Commission recommends the annexation proceed as presented 7-0.
Staff recommends that the public hearings proceed as scheduled, finding that the need to manage
and coordinate development in an orderly manner is a significant city objective that the City of
Denton will pursue.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 12, 2008 Planning and Zoning Commission Public Hearing
April 1, 2008 First City Council Public Hearing
April 15, 2008 Second City Council Public Hearing
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
EXHIBITS
1. Location Map
2. Annexation Summary Schedule
3. Service Plan
4. Service Area Analysis
5. Notification Information
6. March 12, 2008 P&Z Minutes
7. Responses to Public Hearing Notice
8. Ordinance
Prepared by: Respectfully submitted:
Ron Menguita Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
EXHIBIT 1
LOCATION MAP
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EXHIBIT 2
ANNEXATION SUMMARY SCHEDULE
Hills of Denton North Annexation
Notices to Intent to Annex will be sent on February 8, 2008.
Tuesday, 4/l/08 City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
❑ Annexation Study prepared and available for public review.
❑ Service Plan prepared and available for public review.
Tuesday, 4/15/08 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
Wednesday, 3/12/08 Planning and Zoning Commission public hearings -make a
recommendation to City Council regarding the ro osed
annexation.
Tuesday, 5/6/08 City Council by afour-fifths vote institutes annexation
procee ings.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 5/11/08 Ordinance published
• The ordinance cannot be acted upon until at least 30 days after
publication.
Tuesday, 6/17/08 City Council by afour-fifths vote takes final action. Second
readin and adoption of the annexation ordinance.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1 St reading). The
second reading of the ordinance could be held any time
between June 10, 2008 and August 9, 2008.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1St Reading of the
Ordinance) more than 20 days after the second City Council public hearing but less than 40
days from the first City Council public hearing.
EXHIBIT 3
CITY OF DENTON SERVICE PLAN FOR
A07-0006 Hills of Denton North Annexation
I. AREA ANNEXED
The annexation area is located west of Locust Street (FM 2164) and south of Milam
Road.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract(s) the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is 6
to 9 minutes from Station #4 located at 2110 E. Sherman and Station #5
located at 2230 W. Windsor. The City of Denton will provide emergency
medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County, shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the
annexation.
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within the
proposed annexation area. Denton neighborhood park facilities are not
within reasonably close distance of the proposed annexation area.
Residents of the proposed annexation area will be able to use existing City
of Denton park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
This annexation will impact the current level of library services provided
at the North Branch Library as it is in proximity to the service plan
request.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the Denton
Development Code, concerning subdivision and land development
regu ations.
City Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tract is within the Rural Areas land use designation. The Denton
Plan designates future land uses to manage the quality and quantity of
growth by organizing the land use patterns, by matching land use intensity
with available infrastructure, and by preserving floodplains as
environmental and open space corridors. The Denton Plan will be used as
a basis for final zoning classifications after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. City Ordinance requires Solid Waste
services for all residences and commercial businesses located within the
city limits. The City of Denton Solid Waste Department is fully funded
through the service fees charged, and receives no funding from city tax
revenues. Solid waste refuse collection services will be provided to the
newly annexed property immediately upon the effective date of the
annexation. To receive solid waste collection service, the customer must
contact the City of Denton Customer Service Office, 940-349-8787, and
submit arequest/application for service. Commercial customers are
required to complete and submit a Service Agreement to Solid Waste
Customer Service prior to receiving service.
Residential Solid Waste Services
Each residential address will be provided a wheeled refuse cart, which will
be serviced one time per week. Residents are required to place their refuse
cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should
be placed at the curb for collection no earlier than 6:00 p.m. the evening
prior to their collection day. Carts are to be removed from the curb no later
than 6:00 a.m. on the day following their collection day. All refuse placed
in the cart for collection must be bagged to eliminate wind blown debris
and littering. Refuse that is not placed in the cart with the lid closed will
not be collected. Additional carts may be provided for an additional
monthly charge.
Weekly yard waste service is provided. Weekly bulky item collection
service is provided.
Weekly curbside recycling services are provided by Trinity Waste
Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling
information.
Each residential customer's refuse cart service, curbside recycling service,
bulky item collection service, and yard waste service will occur the same
day of each week. Please telephone Customer Service, 940-349-8787, to
answer any remaining questions, and sign up for service.
Commercial Refuse Service
Each commercial business will be provided with a commercial
container(s), which are available in a variety of sizes and frequencies of
collection, based on the waste type and volume generated. All refuse
placed in the container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with
the lid closed will not be collected. Refuse placed outside the container is
subj ect to code enforcement regulations, including potential fines.
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m.
to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. For information regarding disposal charges, call the Landfill
Office at 940-349-7510.
B. Water/WastewaterFaci1ities
There are no water and wastewater facilities in the area to be annexed.
The city will provide a level of water and wastewater service,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City will provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
CoServ Electric is certified by the State and is obligated to provide electric
utility service to the annexation area should a request be made by a
property owner. Electric utility service will be made available on the
effective date of the annexation on the same basis and at the same level as
similar facilities are maintained throughout the city.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or proj ected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities
is contemplated within the annexed area as a result of this annexation. No
construction of public improvements is contemplated as a result of this
annexation that would begin within two and a half (2 %2) years after the
effective date of the annexation. The City shall consider construction of
other public improvements as the needs dictate on the same basis as such
public improvements are considered throughout the City for areas having
similar characteristics oftopography, land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. T_
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
EXHIBIT 4
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
The Planning and Development Department has received a request for annexation of
approximately 484.84 acres of land located west of Locust Street (FM 2164} and south of
Milam Road.
Size: 484.84 acres
Location: West of Locust Street (FM 2164} and south of Milam Road
Proposed use: Single Family Dwellings and Commercial Retail
Proposed zoning: Master Plan Community (MPC)
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed into the city. A service area analysis form is attached. Please
provide the requested information and any other pertinent information. To determine the city's
ability to provide services to the proposed area it is necessary to document:
• each department's existing capacity to provide an adequate level of service to the
proposed area;
• additional personnel and capital equipmentlfacilities necessary to provide an adequate
level of service to the proposed area; and
• cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. This site is located on the southwest corner of
Locust Street (FM 2164) and Milam Road. The Mobility Plan designates Locust Street as a
Primary Major Arterial and Milam Road as a Secondary Major Arterial. There is a Secondary
MajorArterial that runs east-west along the southern boundary of the site.
Future Land Uses. The proposed annexation area is within the Rural Areas and
Neighborhood Centers land use designations.
Existing land uses: The majority of the subject site is currently undeveloped. There are
approximately 9 existing structures located on the site.
Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this
property contains ESA -Undeveloped Floodplain and Riparian Buffers. This site contains 100-
yearfloodplain.
Proximity to other service providers: This property is along the northern border of the City of
Denton. Based on the current data, there is no water line or sewer line in close proximity to
the subject site. The closest water line is located south along Loop 288.
Thank you for your consideration of this request. Please submit any other information that you
believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the
Planning and Development Department by March 5, 2008, and call (940) 349-8328 if there are
any questions.
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SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# 4 located at 2110 E. Sherman and #5 located at 2230 W. Windsor.
2. Estimated response time. 6-9 minutes
3. Appropriate response time in the City. 5 minutes
4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area? Yes
If yes, when should this station be operational? 2012
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development. TBD
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? NIA
Is there an accepted facilitylequipment to population ratio that can be used for planning
purposes? No
Is there an accepted firefighter to population ratio that can be used for planning
purposes? No
Additional Comments:
Ross Chadwick, Fire Chief March 4, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks properties to
the proposed annexation area are North Lakes Park 3.2 mile to the south, Evers Park, 3.5 miles to the south and Water Works Park, 3 miles to the east. Current
residents will be able to use existing City of Denton parks, facilities and
programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards? The 2000 Denton Park and Recreation Master Plan does extend to the
general area of the proposed annexation. As neighborhood subdivision
development occurs, neighborhood parks and community parks with athletic
facilities will be necessary. This will be accomplished by the use of the City of
Denton Park Land Dedication Ordinance which calculates the required acreage as
residential areas are final platted.
Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of
development)
5acres minimum size.
Neighborhood Park Development cost per acre is
approximately $60,000lacre.
Community Parks: 3 acres per 1,000 population
30 acres minimum
cost per acre.
Recreation Center: square feet per 1,000 population.
square feet minimum size.
cost per square foot.
Other facilities
Community Parks: square feet per 1,000 population.
squarefeet minimum size.
cost per square foot.
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? None required for Parks at this time. However
addition mowing for street right of ways will be needed. Annual Cost for new
street right of way mowing for 5 cycles is estimated at $100.00 per cycle per mile
of new right of way mowing areas to come into the city.
Service Standard: Based on $41.00 per acre per mowing cycle.
4. How many additional personnel would be needed to properly serve this area if annexed
and developed? No additional personnel for Parks maintenance required at this
time. However additional resources will be required for road right of way mowing
along roadways that become city streets.
additional personnel per 1,000 population;
additional personnel per 1,000 square feet of facility; or
additional personnel per acre of park.
5. Service Standards:
additional personnel per 1,000 population
cost per additional personnel
Additional Comments:
Denton Parks and Recreation Departmentwill attemptto coordinate placement of park
facilities proposed for development by the developer or use funds from the Park Land
Dedication requirements to purchase or expand existing parks within the service area of
this development.
Bob Tickner,
Superintendent of Park Planning and Development March 24, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Police
1. Estimated average response time for this area based on current department conditions:
Priority 9 minutes
Non-priority 20 minutes Average 14 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 9 minutes
Non-priority 20 minutes
Average 14 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? No. If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? No. If yes, what
type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No. If yes, when should the new facilities be
operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? NIA
Is there an accepted facilitylequipment to population ratio that can be used for planning
purposes? No
Is there an accepted officer to population ratio that can be used for planning purposes?
No
Additional Comments:
Captain Scott Langford March 24, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
LiLi-Y
1. Estimated additional funding needed strictly based on proposed annexation and
development. $40,500
2. Please comment on the cumulative impact of annexation and development. Since the
proposed annexation area shows a maximum of 1,684 single family units, the
annexation and development of the Hills of Denton North will have a negative
impact on library services atour North Branch facility.
3. At what population level would another libraryfacility be required? 131,738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.47 is the national 2007 annual circulation per capita average for
the service area population served by the Denton Public Library.
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. According to the Texas Public Library Standards it is one (1)
FTE per 1,000 populations and one (1) professional librarian per 8,000
populations.
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? No. The proposed annexation area population will increase
service demands at our North Branch which is already operating at reduced
staffing levels.
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services? Three (3) additional employees are needed to provide
adequate staffing when the number of maximum single family units is built out.
Additional Comments:
This annexation will impact the current level of library services provided at our North
Branch as it is in proximity to the service plan request.
Eva Poole March 5, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes
2. Is commercial solid waste service available to the proposed area for annexation? Yes
3. What is the estimated cost to provide this area with solid waste service?
Residential: Large Refuse Cart - $17.751 month
Medium Refuse Cart - $16.60 I month
Small Refuse Cart - $15.001 month
Recycling Cart - $3.501 month
Commercial: Based on container size, and frequency of service.
4. What is the typical revenue collected per:
Household. Based on Refuse Cart size selected.
Commercial Business Based on container size, and service frequency.
5. Will additional equipment be needed to serve this area if annexed or developed? No
Type of Equipment. None
Cost of Equipment. NIA
6. Will additional employees be needed to serve this area if annexed or developed? No
Type of Employees. None
Number of Employees. None
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NIA
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
S. Lebsack, SW Administration Manager March 4, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Electric Utilities
1. What is the distance to, location of, and size of the nearest CoServ electric line?
2. What type of lines and facilities would be required to serve this area?
3. Are any new lines or facilities proposed for construction to serve this area?
4. Are there any potential responsibilities if this area is annexed?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
CoServ Electric has in place on or nearthe referenced property an adequate and
dependable source of electric power and energy capable of supplying electric service to
the proposed development location. Service can be extended to the developed tracts
upon request according to our approved Tariffs.
Loren Smith, Project Management Coordinator
CoServ March 17, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 36 inch
Location of water line. North side of Loop 288 west of Locust
Street
Distance from proposed annexation.
2. What is the nearest City of Denton sewer line?
Size of sewer line. 18 inch
Location of sewer line. On Nicosia Street south of Loop 288
Distance from proposed annexation. 3500 feet
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Water lines Line extension requirements and lines sizes will be determined
during the preliminary platting phase of the project.
Sewer lines 30 , 36 and 42 inch. Construction of sewer line will coincide
with the development of Hills of Denton property. The sewer
line will begin at the Hills of Denton property and travel east
along the MilamlClear Creek to the future proposed City of
Denton Clear Creek Water Reclamation Plant.
4. Are there any City of Denton lines included in the proposed annexation? N0.
5. Please comment on the cumulative impact of annexation and development
At what population level would additional equipment be required? 6,250
Is there an accepted equipment to population ratio that can be used for planning
purposes? 6,250
Is there an accepted employee to population ratio that can be used for planning
purposes? 6,250
Additional Comments:
The proposed annexation area will be served by the construction of a new interceptor
sewer line (see attached Exhibit "B"). The City of Denton Ordinance No. 2007-125, Dated
June 5, 2007, for agreement between City of Denton and Denton 288 LP, for Provision of
Sanitary Sewer & Water Facilities pertaining to Hills of Denton will dictate the
responsibilities of the City and the Developer of Hills of Denton to provide wastewater
and water service to the proposed annexation area.
P. S. Arora, Assistant Director forWastewater March 4, 2008
Tim Fisher, Assistant Director for Water March 25, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Engineering and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location Type of Improvement Approximate Cost
See comments below
2. Are any of these improvements presently scheduled to be done at state or federal
expense? N0. If yes, please identify facility and anticipated date improvements will
begin.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
Storm water from this property drains south and east to the floodplains of Milam
Creek and Milam Creek Tributary 10. At this time, no specific drainage
improvements are envisioned to be needed as a direct result of this annexation;
however, as this land develops, drainage improvements will be required in
accordance with the City of Denton Development Code, Drainage Criteria Manual
and other applicable ordinances.
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? N0. If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NIA
Is there an accepted equipment to population ratio that can be used for planning
purposes? NIA
Is there an accepted employee to population ratio that can be used for planning
purposes? NIA
Additional Comments:
A Traffic Impact Analysis will be required that assess the effects to the existing
roadways as well as those required of the Denton Mobility Plan. Additional roadways
may be required depending on the resulting LOS capacities determined. The property
owner should be aware that there is a proposed EIVIITollwayforthis area and should
contact the proper authorities for direction.
Bernard Vokoun March 14, 2008
Chad Allen March 17, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
Denton Independent School District
1. Education services are currently provided by: Denton Independent School District
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
No -Current DISD facilities and staff levels will not service the student population
resulting from the Hills of Denton North Annexation anticipated 1,684 single-family units.
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Student Yield (.75 =SIF .20=MIF) Elementary Middle High Total
Pop. 674 286 303 1263
Campus Requirements Elementary Middle High Total
1 ~/2 to 1 ~/2 to 1 2-3
Staffin Elementary Middle High Total
65 55 -110 100-200 220-375
Considering the entire Hills of Denton Developmentthe districtwould require 1'/2 middle and high school facilities. The additional student population could possibly attend an
existing middle or high school facility or a completely new middle or high school could
be constructed. Student densities will dictate exact number of facilities required.
4. Estimate additional funding needed strictly based on proposed annexation and
development.
New Facilities - Elementary Middle High Total
$20 Million $43 Million $120 Million $183 Million
Staffing Salary - Elementary Middle High Total
$1.4 Million $2.8 Million $4 Million $ 8.2 Million
5. Will projected school taxes from this development provide that additional funding?
To be determined.
6. Please comment on the cumulative impact of annexation and development.
This proposed annexation will provide city services to DISD facility.
The proposed annexation would require DISD to pass additional school bond programs to finance construction of new facilities.
7. At what population level would other school facilities be required for the City of Denton?
New facilities are designed to accommodate the following:
Elementary - 650 - 700 students
Middle School - 900 -1000 students
High School - 1800 -2000 students
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Elementary - 22 students per teacher
Middle School - 28 students per teacher
High School - 28 students per teacher
Additional Comments:
Rod Reeves (940) 369-0250
Coordinator of Facilities, DISD March 25, 2008
Person to contact if there are questions Date
EXHIBIT 5
NOTIFICATION INFORMATION
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Public Notification Date: 2/27/08
200' Legal Notices' sent via Certified Mail: 21
500' Courtesy Notices sent via Regular Mail: 5
Number of responses to 200' Legal Notice
■ In Opposition: 0
■ In Favor: 0
■ Neutral: 1
. ~ EXHIBIT 6 'o~I~*
~~e 4 X Pie
1 ~r~r~b w`II~:~ ve Item io. i dvlooPment ~ ~~~pad.
a ~nda, Pu~Ii Darin. u~jt ~ro~~y i iin an~applied
. ~ . is anneati~n ~ movie ply for ~ lot in any ubdiviion or reonfira~in of subj et . ~ ap~r~unal~ ~1. acres eem~ted.~~fr~ ~nniipal 4 property will sub~eet
to pity subdivii re apt
ann~tior~ plan. property t~ and i l~eat fat time. ~ . .
w~s~ ~f ~~~t ~ 1~~} and ~~u ~f Ililn load. ~ t this dine the leveloprnent eviw
07-~~~# l~i~l of Denton Ior. 7 ~~t is reeornending that tie public hearirs for
. ~~AF T~a.c irn~ n~eb~rs this annexation ease, 7-} i held ~
~f oii ~ r~iv~d to dtrFr~ir~ if additional
Xo T~~is annexation p~~ion is brought f~rar~ ir~for~rYation is seeded.
11 to you. There i~ ~ ~~~l~.e homing u~y of ~ I 1 I would also Ii.e to note ~t~ a service .
~ p~bli ~ ~d ~ law f nr~eatiort ~ 1 area al~i~ hay l~ee~ ~repare~ ~ i ~~rt ~f cur ~~eu~
. .1 ~ pr~~din ~a park of your backup. ~ ~ 1~ ~nd~will be u to developed the rvie pl~ri. ~d ~it .
i4 ubj~~ proPty i shown ~ier`e on this 14 I end it III ntin~ unto vie it through e pity
1 exhibit outlined red. dust for a ri~nal view, it i, 1 ~unil p~bli acing. end it will b part of t
1 ~ agar, north of Lapp . ltf ~ west of ut trt and ~ ordinance at that tip wln it i onird,
1 ~7 souk of Vila load. 1'] I ha~~~' answer and ~uti~n
~ i ~ elou and view ~f e ubjt . 1 that ~ at this tine,
. site. '~be ~ ar~exati ~ ~ e11 f sill ~f ~ ~ ~~~~~~r~ ; ~~~i~?
0 1~,~ o~ki. .d ret~ being is ~t itt~~t o Ii~i~~a
1 north of the Hills ~of Denton , which was approved lit 1 ~~II~E HALF I was just euxio~
year, July, ~ believe. The applicant for the annexation about the number of~pies of ~on~.ation that ~ar~tt
3 is alsa the same applicant for the Bill of Fenton to ~ .~rzived t~ ~ yet. And e reo~~dati~n way g~
4 Ii~P. 4 mad end p~oe~d with tie Public wring. And it
The fu-e lard u plan for this, area is like many of tb ~r'i ~ analysis are stiff ~issir~.
Pie 4. ~ e ~
. nafnl gal at`. It . have sow nej.ibo~ng eenr 1 ~ this .gees f~rw`d to the .ity ouneil~ wonTt those .
to sou~t~wet. It' , filly ,i i, tu~.l, have ~am~letod~
incorrect. It should be over here. lout the a is rU~T: T'he Zvi ar~analyi~ . .
4 eon~pletely within the ETA, obviously. were ax~nei~ it 4 request w ant ~t aba~t three weeks ~~i~er today with
~ into the city limits. a set date get th~~ ~4r~d, unf~rt~nate~y, a~ous
The intent of the applicant is to once depaen w~xentt ~b to ~t fat. did receive .
? annex, ~r~~ an fir this area: and then it will be 7 approximately 1 believe it vans four d~part.~rnts that
~ called the Dills of Denton Forth. They have already ~ did make comments. ley the time tie send public Hearin
~ applied and we will be brir~girtg this forward to you win hopf~lly, by ~ f'ust ~i' oeil ~~blie hearing all
tfii ~nn~ation priding ~ eoinplet. of the departn~ent~ l~od lave already sent in their .
~ 1 ~ ~u~li hears notices wee ant opt to ~ ~ ~ sponse~ to that service area analysis request.
~ folks within ~ feet. ~ eive one. v'e did dive 1 ~~°t~~~~ ,x~: lout c
T3 tit at a worl~ sicr~ of ~~b~c ~ a ~ nendation i~ that vac simply look at this even without 14 there r~n't much t1~ ~ far as comments, ~~t tl~y ~ ~
c repcrt7
1 in ne~tr~l of ~ ~eati ~~~ings. And, also, ~ . ~~IT~ That is oarrect.
I eo~y noti vac ~t out within fit of the 1 The applicant is Mere d would be happy to
~7 subject Property. 1~ answer and if ~ have any que~cn ~f you do ~eeide to
~ ~ ~ The follovain i s suxarition of the 1 do
~ annexation a it is tray. After the P~ public 1~earing, ~ ~III~;~~~ wA~T~T: Tli applit~~nt i .
it woad taken forward tc pity council on April 1st, ~ here'? .
~ ~ a second ~~blic ~ with pity council on ~ ~ T~: des.
. April 1th. ~ ~~Y~~~ okay. Thank you.
.3 In aceordanc with the i~' ~n~ea~tion I~~': Mello. I'm harry inch:
. . .4 policy plan the i will assess on a eat-by-eat ba 4~ ri spring $~`~ok Planning ro~ip~ 40 .lvl~zst,an Thrive in
annexation of as within ET.J when significant grapevine. ~ .
~T ~~I~I ~IIr .I Page 41-Page 44
~ i•. r.u:• r~.. ~
4 ~~ge ~7
1 T~niht ~ here just lo~lci~,g the 1 owns that prey ,ad will Il. Lies li~'in them.
annexation. ~ I~~n hay inti~ied tie ~r~p~ Gust very ~I~~~.1~ wT~
~cl~l~r. And as lion ~ indi~atd, we bay s~brnitted f .I.1LI1~1r~': Actually, l respond to
~ Ivy. ~ ~ rr~ainder ~f ~i property what we're 4 two ~o~nts. Fiat by o~~sioner Lyle, looking t~ d~ world b~ very si~il the dills of taf~` did ontaet
v~1T and were
~ lent~n, ~~t i~f dust single~fail and eonereial. Igo ingested in annetn that piece of prop.y, ~~t after
~ multi-fa~il~ no ind~trial uses ~r anything like that. ~ ox by e ti~ne~e get rep~n~e, it was already tao
. think a w get away ~'ro the pity it's, you know, amore Iate for us to go dead and ad'~~rtise it and do it. Buy we
~ r~zrala ~ role-family. w have s,e floodplain a do it separately as a p~ if y~ want incorporate .
1~0 n party will eontin~e with ~ trails ar~d fiat into the city to het it out ~f e ~T~. T~atts nod a
11 ~h. ~ ~ ~ pr~b~e
~ but r~~ i~ t~,e a~tion~~ ~bvi~u e ~ ~ lien the qtr i ~r ~~e~ion fat
I ~ woad like to ~ in pity to coati nun what we s~ ~ ~ vas r~ai~ed ~ ornmissi~ner ehaa~ regarding tie dap .
~ t4 with . H~i~~ ~ lnton.. 1~ inf~ati~n, t~. Mate andate,~. rewire that certain
1 ~ ~ I would b lppy to answer any quetion 1 dates and tines ~e follaw witk~n an anr~ea~tion. And , ~ .
1 . that y~~ Piave. Itrn lure e' l~l ~e in front o~y~u ~ nurn~er 1 ~ really tl]'e's a li~nitd nu.b- of dates that we can .
17 of tinLes arding I~_ I would be happy t~ ~nwer ~7 Arent it~t to P1a~r~in and Zoning omsion so they
. ~ question that you knave tonight. ~ c rnl~e pity council ~ we can stay on acl for the
~Ivi~IER ~A 1`. ~~ohhart, ~ ~ annexation. If we d0 ~s those wit happens 1
0 IR, IIIAT: , sir, ~ will ~ that ~hedule all ~ bl~ o that we've
~ ~~~lr,~1~ THIA: this Pr~l~~ ~ dot ~o sort X11 or again through no fault of die
ceder contract or is it already owned ~ ~ applicants. .
~ ~ ~ r~. x~T; It is owned. ~ ~ ~~what e ~ or what we to do is get
4 ~fIS~~I TH~~: wed ~ e okay. ~ a ~n~oh inf~rrnation and thf ~ riot typical, but what
. ~ you. we try to do is get all the infcation begin .
~ ~4 ~ ~ Page
~ 1+I~I~I~I1~ wATIl~F Any offer qu~o~a"? ~ proce~~ing the annexation. but l believe, if I' fit,
. des? ~ i~ that all cf that ir~fo~tion does have t~ be prer~d
3 O~~I.~~~d~ x~: Tyr to be a at ~ pity oneil. flay: ~ l apologise for that,
4 ~ very ~~nall pion ~f 1a~d tit .till mains in the ETA? Bit I did want t~ pull i~ from ~ ~kdule because
REEI~II~AR~": ~ . 'I~at t s two or the that infrrr~tian wad ~ t tkxere and it was not due to the
different Propey owr~. And ~ be~~eve thf s ~ applicant.
~ residential ste ~n thou properties. Koine --you ~ ~ x~.: '1'l~ar~k you.
~ might lave one of ~ ncigh~cr how ~ audience ~ I1~,1~~IT: ~ nod tc lei rrie lard'.
~ n~. ~ ~ ~ 'fat is the obsator. Tie ocr ile bay i
10 ~IIISI~I~111~ lCay. ~ farther down k~ere with tiie character on it. ~ I atd
~ 1 ~IIv~I~~I~'~ wTrt~: Any ~t qu~s~on~~ 11 to clarify that.
l~~eussion'? ~ ~ 1 ~ Irian way correct when iJT notifying
I ~ ~iI~I~I~E~ I~': I have saw ~ ~ 14 qu~s~,on about this little rectangle with tho nosh in it 14 OI~~~I~II1R wA~ : Any ct tion"?
1 here on the 1 i~cussion`~ Thank y~~, may,
~ fly. Hi~'~`: lawn here? 1 ~ ~~T: oaf re elea~ne.
~7 ~iilI~l1 LI: Fat~ther down. cab,. f.~ii,II~E ATI: flay, This is a
1 . ~I~I~~'~~ "fat way pad of the t public wring. o do we have anyone bore that could life
1~ previous flan. I bel~re tbat was the old missile I speak for rezoning annexation`s r'11 get it
~ station. ~ ~ right.
~ 1 OIvf IYI~~f~ w~,TI~: Missile bac`~ 1 1~. J~I~EIVI~AI: Exl~s~ . I don"t knew
I~~r~~.I~T; Missile base. ah, And your protocol. l name is erald.~ol~enhan. And c~
North Texas ~~nis~lc bay. ' applicant really trig auld I ~ yc- I believe this is our prope~.y here.
~ ~`chasc tit when they were trying to get thi~ property, 4 And Itv never been contacted, whatever. l but want tq
but for lad of a ~tt~r gm, ti's a character that l~ncw t dantagcs of annexation or act ei annexed,
~~~'.~I.II~x ~ 1~]I~ III -1- ~gc ~ ~ Page ~
.
~~~II~~ !
~a 4 fag ~
~ I~~AT: you're nit, ~ ~rap~.y, Ft brings it within the reg~t~ry j~x~sdiction
. JxrsH.4; shay. wef re not' ~f pity of Benton for lad ~1e, whereas# it o~se
~ PAIR. REIHH~'~, X10. ~ world . 4 ~ IviR. JH~I3~: ~ wig never fir, I ~ ~ ~IS,I~I~E wA~"I; "ire. ~oliee.
. ~riean, there's ~t~r areas t~.~ . Wit. And a~ ~ ~f
~ III~~~ T~iis is .riot that ~e~ fir tl~s, here is a schedule of proposed pity
'1 eo~tt ~ ~ serv~cs i~t would be brought t~ this area as park of the
~x~vs~,v; well, Itll shut up then. icy of Denton.
~IiIsII~IE wTI': ~~w, you fir ~r ~IIIEI~ wATI: ~ J~s`~
~ ~s~ ~ annexation? Should it ~ be~~re pity ~ ~ 'i,at' what I wauld say in a
~ ~ ail? 1 ~ ~i.e amore de1~ you mow. Tr~'i, pik~p, ~~r~
I~, ~~H~HA~ ~ think it sh~~ld, yeah. ~ ~i~~, ~oliee pr~tion versus slaer~iffTs prote~~on for ~ .
1 ~ ~iII~'~R wATII}: And you are fot the ~ the eaty, ~ .
i 4 ~ ann~~on then`? ~ ~ 14 The sets are bunt ire e type of .
. J~x~~Aty: I d't how ~ ~d~ntages ~ e~nst~tion thatf antrall by the pity of .Ir~~on.
~ of it. ~ ~ ~ And a little amore ~ntrols. Some people probably are eons
~ 7 ~IvIIS~IE~ w~T~: okay. Thaw i'~ ~ you get into city tapes versus county taxes. .
~ ~ ~ Iii. J~I~~I~{ s~~. 1 ~ And fer s~thing lily thi~~ 'aw a lot
1 ~ ~~Y okay. ~ problem. 1 of opl, which i If ~ auing ~e~ } you lr~~w,
~ ~ problem. ~ ~ #here are people fat are moving from ~ ~r~etr~plex. Thy
~ Is the ~r~yone else that would lie ~ ~ have end o~ prot~c~ons now or those kind of
sped fir the aeati~n? Anyone. please came forward. facilities ~r th~se~ find f services. And ~ they
. [JTI~1~: I'1~1 also not familiar with just want trr~ rt`al, n that's fat thy'r
4 die prot~ol, but ~ ~ t~ o.p~. They're gttirYg you know,. do they
~IiII~?~~~ 1A~: arr~e ~ ~ have welly trash collection"? ~o they have take their
P~ 0 a .
I ~ leap. ~ ~ awn trash'? I~ feel they can call -1- I and have the
. ~y rx~rn is al~ina . city. police department show up and help them?
utiee. l'n~ crust a student at the ~Jniersity ~f ~rth~ 3 ~~t it" s all up to their c~oioe on whet
~ Tee, And I eras wondering if somebody could tell us the 4 they ~ it as a pre ~r a ern,
pros and eons of annexation. ~r i~ that saething that ~ Its. I~'i`iERI~E; key. 'Dank you.
. 6 wont be addressed here`s ~IIII~I~TI~~ w~",I,~ Thanl~ you.
7 I~II~iI►I~ ,A,T'~5~ ~"rn not ~u~e ~ ~ ~inyol~e f~~' against this at]T1~~Ca~1~~1`~ .
~ understand what y~~ geed t, kr~~w. ~ ~ okay. I~11close the public bearing.
~ u~rT~: If ~~ba~ e~uid X11 ~s ~ EAR if ~ catkins} r'~
~0 the pros and cans of aeatio~ ~f ~ land t ~ just like add one note.
~ 1 guys are talking about, e jurisdiction? and perhaps why ~ ~ Ietr ~ gut property owners
1 sornc residents dontt want to have it annexed. ~ within feet ~f u~jet property king ~h~ .
1 ~ ~I~fIII~~~ wATI~: ~ haven't sew ~ would ~ t~ annexed as part ~f this annea~i~n. And anytl~ against it. 14 staff did not receive any res~~nes back.
. ~ ~ I~IE: ~ jr~st wit ~ pros and 1 ~III~'~ wA~`I~': okay. Tank cu.
1~ cons. ~ ~ Iiscsion Ivlotion? .
17 . And I think those pa~~le ~u1d IIIII~El~ : day 'I~oas, if now
~ probably have t~ speak f or then~lves, if you were to ~ ~ul~ e tine to enters a ~~tiona I s~ ~~~ve.
eatact tk~em. I mean, there could be any number of ~ I1IIER wATIiI~: All rit, See~nd?
~ reasons why someone ~s Ln favor of an annexation ~r . ~PvII~II}IEI~ EA~,E~'~I~' fan e live
~1 agnst an annexation. but its really nit fir this ~~~y 1 clarification ~n die ol~i~n?
. to presume t~ speak fir ybod elm, you kr~o~ ~~l~~i~ wA: ~
If theref S so~uebady who ~S pod to 1t~ I ~IVIIVII.I~I~~R THIvIA. ~ rr~~v approval.
~ n1e~E1"ly Q~ ~ only ask ~1~ you know, wlt then- 4 oIIY~~ ~'A~1~T~, Thank you.
. ~ ~ ~eoi~s ~ fir it. But; est., in annexing COfII~1~ ~r~; And Y second.
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EXHIBIT 7
RESPONSES TO PUBLIC HEARING NOTICE
A07-0006 HILLS OF DENTON NORTH ANNEXATION
T ~ ~ 4
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EXHIBIT 8
s:laur docutnentslordi~nces1~81a~'i-f~~b.doc .
ORDINANCE -
AN ORDINANCE CF THE CITY ~F DENTIN, TEA, ANNEXIl~C~ BY CONSENT
TRACTS DF LAND CDNSrST~NC~ DF APPR~IMATELY 44.5 AC~,ES, C~NTYUDU
AND ADJACENT TC~ TIC CITY D~NTCN, GENERALLY LCA~`ED ~N THE BEST
SIDE DF LOCUST STREET AND SDDTH SLAM ~~AD; APPRDViN ~ SERVICE
PLAN FDA THE ANNEXED PDPERTY; PR~vIDYN ~ SEVERABI~TY CLAUSE AND
AN EFFECTIVE DATE. ~Aa7~aaa~
wHE~EAS, Pursuant to Section 4~.a~1 ofthe Texas Local avernment Code, home rule
cities are authorized to annex areas that are not required to be a~n annexation plan; and
wHER.EA, on or about March ~ ~DaS, the Punning and honing Commission
recommended approval of the voluntary annexation legally described in Exhibit `~A", attached
hereto and incorporated herein by reference the "Property"~; and -
WHEREAS, this annexation is undex the annexation procedures far areas exempted from
the municipal annexation plan; and
wI~REAS, the City Council finds that any areas caused to be entirely surrounded by, but
not included within. the City of Denton, Texas as a result of this annexation, are sa surrounded in
the public interest; and
WHEREAS, the City Council Finds that ail required notices were given the thne and
manner required by law, and that the Property owner has consented to this annexa.on; and
wHE~EA, public hearings before the City Council were held in the Council Chambers
on April 2a~S, aid Apri~.15, ~aa~, both days bung on. or after the bath day but before the 4th
day of the date of the institution of the proceedings to allow all interested persons to state their
views and present evidence bearing upon this annexa~.on; and
WHEREAS, annexation proceedings were instituted far e proper described herein
the introduction of this ordinance at a meeting of the City Council on 1VIay 6, OaS; and
WHEREAS, this ordinance has been published ~n full one tune in the ocial newspaper of
the City of Denton on May 11, 2a0~, aver annexation proceedings were instituted and a days
prior to City Council taking final action, s required by City Charter; and
the City Council finds that the annexation will allow the city to ensure
development, consistent with The Denton Plan; N~, THEREFORE, -
THE COUNCIL ~F THE CITY DF DENTCN I~EREBY ORDAINS:
i
.lour da~umen~sl~rdinancesl~Sla~7-00~6,~oc
~T~~N ~ . The flndings and rec~tatlan~ contalned In the preamble thls ordnance
Incorporated herein by reference and found to be tale,
~~T~~N The Property is hereby annexed to the City of Denton, Texas, with e
owner's consent,
~TI~N . The service plan, a copy of which attached hereto and made a part hereaf
b reference as exhibit "B" the "er~ice Plan"}, which provides for the e~tensian of municipal
services to the Property, is approved as part of this ordinance. The service Plan was made
available for public inspection and explanation to the inhabitants of the area being annexed at the
above described public hearings.
SECTION 4. should any part of this oxdin.anee be held illegal for ar~y reason, the holding
shall not affect the remaining portion of this ordinance and the pity council hereby declares it to
be its purpose to annex to the pity of Denton all portions of the Property lawfully annexed,
regardless of whether any other part of the Property is declared not to be lawfully annexed, Into the
pity. If any pant of the Property is already included within the city limits of the its of Dentan or
within the limits of any other city, town or village, ar xs not within the pity of Denton's
lurlsdlctlon to annex, the sane is hereby excluded from the territory annexed as fully as if the
excluded area were expressly described in this ordinance.
~~T~~N 5: This ordinance sha1X becorr~e effective iechately upon its passage and
approval.
PASSED AND APPROVED this the day of , ~D08.
PERRV R. cNE~LL, ~VIA~~~
ATTEST:
~ENNIFE~ wALTE~S, CITY SETARY
BY:
APPR.~vED A T~ LEGAL FAR:
EDwn~ ~'NDER~ Y ~ .
'r
B, 4~
E~H I B1T A
BEINCa a 454.8433 acre tract of land situated in the J.A. Burns Survey, Abstract No.~ 130, the B.B.B. 8~ C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract
No.
1 Q25, the VII. Pea Survey, Abstract No. 1054, the F. McKttrick Survey, Abstract No.
848, the J. Stewart Survey, Abstract No. 1 t 59, the J. Ayres Survey, Abstract No. D0Q2,
the A. Fry Survey, Abstract No. 1639, the L.VV. Vllhite Survey, Abstract No. ~ 408, and the
. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those
certain calied 1 5,4G, 79.9951, 90.0542, 38.3235, and part of those certain called 123.192, and 8,0318 acre tracts described tc 2006 ll~iiam East Partners, L.P. by
pepial
V1~arranty Deeds recorded as Instrument No's. 2007-61548, 2006-134981, 2D0fi~134987,
_ 2008-134991, 2006-134970, and 2040-134972, respectivel}r, in the fficia~l Records of
Denton County, said 484.8433 acre tract being more particularly described as follov~rs:
~N1N~~~V~11~C at a capped 518" iron rod marked "CARTER BURGESS" found in the crest line of F,II!!. 2184, at the northeast corner of that certain called 79.9261 acre tract
described to DET~N 288, L,P. by Special 1Narranty Deed recorded as Instrument No.
200821489, official Records of Denton County, also the southeast corner of
aforementioned 5.9318 acre tract; .
THENCE N 89°02'13" VV departing the said vest line of F.N1.2184 and along the north
Iir~e of said 79.9261 acre tract, a distance of 405.72 fleet to tyre P~l1VT ~F B~C11~fVIN of the herein described tract, in the pest line of that certain City Limit tract described
in
Ordinance 94-121;
THENCE N 892'13" VII along the north line of said 79.9261 acre tract, a distance df
2767.Q2 feet to a 112" iron rod found at the r~orth~vest corner of said 79.9261 acre tracts
THENCE S 00°20'44" E along the crest line of said 79.9261 acre tract, a distance of 582.00 feet to a 112" iron rod found for corner at the northeast corner of
that certain
called 91.0984 acre tract described to DENTON 288, L.P, by Special Vl~arranty Deed
recorded as Instrument No. 2006-5fi316, Official Records of Denton County;
TH EI~CE departing the vest line of said 79.9261 acre tract and along the north line of
said 91.0934 acre tract the follovuing:
N 88°49'45" Vv a distance of 1627,90 feet to a 112" iron rod found for corner;
Q1 °27'08" VU a distance of 144.88 feet to a fence corner pest found for corner;
N 8847'17" VII a distance of 245.52 feet to a fence corner post found for corner at the northwest corner of said 91.0934 acre tract and the northeast corner of that
certain
called 154.1246 acre tract described to D ENTN 285, L. P. by Special Vllarranty Deed
recorded as Instrument No. 2006-6744$, Official Records of Denton County;
Pale 1 of 4
I
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THENCE N 89°D7'1 1 a distance of ~ 838.29 feet to ~ fence corner post found at the northvuest corner of said ~ 54. ~ 24G acre tract;
THENCE QQ °32'20" ~11~ along the crest line of said ~ 54. t 24~ acre tract, distance of
feet to a fence corner past found in the north line of that certain called 8.452
aore tract described to Rancho Vista Development Company by special Vlfarranty Deed
recorded in 1lalume 2G95, Page 485, Deed Records of Denton County;
THENCE N 89°~4'QO" along the earth line of said ~?.452 acre tract and the north lines
of thane certain called ~ 9.28, 20.747, 10.80, and 19.23 acre tracts described in deeds
recorded as County Clerk File No's. 9fi-R0aQ88fi7, 9`~-80008249, Instrument No. 05-
782~ and County Clerk File No. 98-Ra07534?, respectively, in the official Records of
Denton County, in all, a total distance of 245702 feet to the northwest corner of said
RQQ7847 tract, in the east line a~ that certain called 572.Q29 acre tract described in the aforer~entioned deed to Rancho IJista Development Company;
THENCE N Q1 °08'85" E along the east line of said 572.Q29 acre tract, the east line of
that certain called ~ fi0.8002 acre tract described to Joseph E. tockard, et al by
substitute Trustee's Deed retarded in Volume 8294, Page 881, Deed Records of
Denton County, Texas, and the east line of that certain called 0.44 acre tract described to Gerald E. Junjahan by deed recorded in 1Jolume 897, Page 418, Deed. Retards of
Denton County, Texas, in all, a total distance of 299fi.0 feet to the sou#h line of F,M.
81fi~ {Milani Road;
THENCE along the said south line of F.M. 318Q ~Milam Road} the following:
8~ X5'51 " E a distance of 322.49 feet to the beginning of a curve to the left v~rhich has a central arrgie of 0°24'Btt, a radius of 2924.78 feet, and a chard which
bears
3'32" E - 328.fi4 feett
kith said curve to the left, an arc distance of 323.8D feet to the end of said curve;
89°28'15" E a distance of 4~495.fi feet to a X12" iron rod vtirith a plastic orange cap . stamped "PIBURN PARTNER" set for corner;
THENCE 025'88" llll departing the aforementioned you#h Ilne of F.M. Q~83 ~Milar~
Road}, a distance of 5~ .4 feet to a 112" iron rod vuith a plastic orange cap stamped
`"PIBURN PARTNER"}set for corner; .
gage ~ of 4
i
{
V
TI-IEI~~E E dist~n~~ of feet to ~ rn~tl fence c~rne~ post faund t
the southwest carnet of those certain tracts described to 1lVallace R, and Sondra L.
Trietsch -Trustees, by general UVarrar~ty Deed recorded as bounty clerk File Na, 8~
0~ ~ ~~9, official Retards of Denton bounty, Texas;
TI-IEN~E ~'~1 " E slung the south line of said Trietsch tract, a distance of ~~.a1
feet to a 11~" iron rod with a plastic orange cap stamped "PIEt~RN PARTi~ER" set far corner at the southeast corner of said Trietch tract, in the west line of that certain tract
described to Ricky Vllayne Smith by larranty Deed recorded in Volume fi ~~7, Page
3~4, Deed Retards of Denton bounty;
THENCE ~~°5a'11" 111 along the vest line of said smith tract, a distance of 40.4 feet
to a 3l8" Iran rvd found at the southwest corner of said rnith tract;
THENCE 89" E slang the south line of said Smith tract, a distance of ~5~.40
feet to a iron red faund at the southeast corner of said smith tract;
THENCE N ~ X8'0?" E clang the east fine of said rnith tract, a distance of 5~.8fi feet
to the aforementioned south line of F.~II. 1 ~Milam Road, at the northeast carnet of
said Smith tract, from which a 1!~" iron rod faund bears N ~~8'Q~" E - 0.~4 feet;
THENCE along the said south line of F.II~. 313 ~Illlilam Road} the fallowing;
89 °2'~ 5" E a distance of 110.8 feet to a ~ iron rod found for corner;
89°34'13" E a distance of ~ 93.02 feet to a wooden T~D~T marker faund;
5~ X8'17" E a distance of x,01 feet;
89°34'1 f' E a distance of BS,OD feet to a wooden T~D~T marker found;
89 1 E a distance of 138.7 feet to a 11~" iron rod with a plastic orange cap
stamped "PIEIrJRN PARTNERS" set for corner;
Page3of4
k
87°53'1 " ~ a distance of 10.08 feet to ~ wooden T~D~T r~arker found;
N 89 °28'~~" ~ ~ distance of 359.9 feet to a wooden T~~~T marker found;
89°34'13" E a distance of X33.70 feet to a wooden T~D~T marker found;
89°43'1 ~ a distance of 49.08 feet to ~ wooden T~CDC~T marker found;
8943'11 " E a distance of 343.40 feet to a wooden TX~~T marker found;
598'17" a distance of 171.65 feet tv a wooden TOOT marker found;
894'3" F a distance of X10.00 feet to a wooden T7~D~T marker found;
89 °11'~~" ~ a distance of 480.00 feet to a wooden T~D~T marker found;
89°11'x" E a distance pf X0.00 feet to a wooden T~~T marker foundT
89°18'1" ~ a distance of 6~8.4fi feet to the west line of aforementioned pity Limi# tract described in ordinance 94-1 ~1;
THENCE 00°50'3" E de~artin~ the aforementioned south line of F,i~ll, 31 fi3 ~Milarn
Road} and alan the west I'rne of said pity Lirnit tract described in ordinance 94-1 1, a
distance of 1849.7 feet to the P~I~T L~F BfC~~'1V~~ and containin~~ X1,119,773
square feet or 484.8433 acres of land, more or less.
• Bearr'ngs are basod upon that Cert~rn oaUed 7'48.98 acre tract descrl~ed r'n ~pecia~ Warranty Geed racorded as
Instrument No. ~~~~-~~~44r ~fioiaf records of Dantor~ County, Texas,
P~BURN $c PARTh~~R! LLB 344 H~ghlar~d Rd, ~~te X05
Dallas, Texas 7~~8
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EX~~~~T B i
ITS DENT~]N ERVIE PLAN FOR
A~7-~~a Ills of Denton Nartb~ Anne~txon
I. AREA ANNEXED
The annexation arcs is located west of Locust street ~FM 21 ~4} and south of Milani
Road.
1~, INTRODU~'~I~N
This service plan has been prepared ~n accordance with the Texas Local o~rernment
Cede, ectians 43.021, 43.a~~, and 43.~~5~b}-~a} ernan 1 as amended.
Nlunxeipal facilities and services to the annexed area desc~hed above wi11 be pro~rided
ar made available on behalf of the City in accordance with the fallowing plan. The
City sha11 provide the annexed tracts} the levels of service, infrast.~ucture, and
infrastructure maintenance that are can~parable to the levels of service, inf-rast~ucture,
and infrastructure maintenance available in other parts of the city with similar
topography, land usc, and population density,
III. AD VAL~REII~ R~PERT ~NER TAB ERVI~E
A. PolYCe Protection, and An1ma~ control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and anxn~al control services will also be provided to the property upon the
effective date of the annexaion,
B. ~`xre Protection
Fire pratectiou within the limits of existing hydrants} and emergency
medical services will be pro~'ided to the propel' upon the effective date
of the annexation. The estimated emergency response time in this area is G
to 9 minutes from Station #4 located at 2110 hewn and station located at 223D , Windsor. The City of Denton will provide emergency
medical services ~;`EMS"~.
. Roads and streets
Roads and streets, which have been properly putted} duly dedicated, and
accepted by the City of Denton andlar Denton Caunty> shall be uaaintained~
b the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
gill be maintained by the City of Denton on the effective date of the
annexation. ~ .
i
I
W
I~. Parks and ecre~.ti~n ~'acilitles
Parks and recreatiana~ facilities in the area to be annexed wild begin upon
the effective date of the annexation according to the X400 Parks and
Recreation Master Plan. No Parks are currently located within the
proposed annexation area, Denton neighborhood park facilities are not
within reasonably claw distance of the proposed annexation area.
Residents of the proposed annexation area will be able to use exist~.g City
of Denton park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation an the same basis and at the same level as similar iibrary
facilities are maintained throughout the city.
This annexation will impact the current level of library services provided
at the forth branch Library as it is in proximity to the service plan
request.
F`. uz~ldin Inspections and consumer ~ealtb. Services
Building inspections and consumer heath se~v'ices wi~~ be made available
on the effective date of the annexation an the same basis and at the carne
level as similar facilities are rr~aintained tbxoughout the City. Both
services are provided on a `{cast recovery" basis, and permit fees offset tlae
casts of services delivered. Inconr~p~ete construction must obtain building
permits frarn the Building Inspections Department of the City of Denton,
. Pl~nnin end Development Services
Planning and development services wi11 be rriade available an the effective
date of the annexation. The Planning and Development Department
currently services this property by way of adminlstrat~on of the Denton
Development Code, canceruing subdivision and land develaprnent
regulations .
City Council adopted ~'he Denton Flan, the city's 1999~~2~
comprehensive plan, by ordinance 99-439 an December 7, 1999. The
Future Land Use Phan addresses both land iri the city and its ETJ, and the
subject tract is within the Rural Areas land use designation. The Denton
Plan designates future land uses to manage the quality and quantity of growth by oxanizing the land use patterns, by matching land use intensity .
with available infrastructure, and by preserving floodplains as
environmental and open space corridors. The Denton Plan will be used as
a basis far na1 ~onXng classifications after the properties are annexed.
i
Y
IV. UT~~ITY T~~AYEI~ ERV~CE
A~ Solid waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. City ordinance requires solid waste
serdces for all residences and commercial businesses located within the
city lirraits, The 1ty of Denton Sold haste Department is fully funded
through the service fees charged, and receives no funding from city tax
revenues. a1id waste refuse collectian services will be provided to the
newly annexed property immediately upon the effective date of the
annexation. Ta receive solid waste collectian service, the customer must
contact the City of Denton Customer Service office, 940-~49~87$7, and submit a requestlapplication for serdce. Commercial custam.ers are
required to can~p~ete anal submit a Serdce Agreement to Sa1id waste
Customer Service prior to receiving service.
Residential Solid waste Serdces
Each residential address will be prodded a wheeled refuse Dart, which will
be serviced one time per week. Residents are required to place their refuse
cart~s~ at the curb prior to 7: a,., on their collection day. Carts should
be placed at the curb far collection no earlier than p,n~. the evening
prior to their collection day. Carts are to be removed from the curb na later
than G:00 a.m. on the day fallowing their collection day. All refuse placed
in the cart for collectian must be bagged to eliminate wind blown debris
and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional
monthly charge.
Meekly yard waste service is provided. weekly bulky item collection
service 1S provided.
weekly curbside recycling services are provided by Trinity waste
Services. Contact Trinity at 1-500-~'~~-155 to obtain curbside recycling
information.
Each residential custan~er's refuse cart service curbside recycling service,
bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer service, 940-349-87$7, to
answer any remaining questions, and sign up far service.
Commercial Refuse Service
Each commercial business wi11 be provided with a commercial
containers}, which are available in a variety of sizes and firequencies of
collection, based on the waste type and volume generated. All refuse
placed xn the container for collection must be bagged to eliminate wind
blown debris and littering, Refuse that i~ not placed in the container with
i
. ~
the lid closed mill not be collected. Refuse placed outside the container is ,
subject to code enforcen~er~t regulaons,lncluding potential ryes.
I~andll Service
The pity of Denton Solid haste ~and~ill hours of operation are 7:0~ a.n~.
to 4:00 p.rn. Monday through Friday; and 7:00 a.n~. to 12:00 p.rra: on
Saturdays. ~`or inforn~.ation regarding disposal charges, call the landfill
Office at 940-~49-7510.
aterlastewater Faciiities
There are no voter and ~astev~ater facilities in the area to be annexed.
The it~r v~ill provide a level of mater and asterrater service,
Infrastructure, and infrastructure rnairitenance that 1s comparable to the level of services, infrastructure, and infrastructure maintenance available
in other parts of the City filth topography, land use, and population density
similar to those reasonably contemplated oar projected in the area.
. Drainage services
Drainage n~axnteriance ~-iil be provided to the prop~ei upon the effective
date of the annexation. The it~r gill provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the .
level of services, Infirastru.cture, and infrastructure maintenance available
in other parts of the city v~ith topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Eieetricai services oServ Electric i certified b~ the State and is obligated to provide electric .
utilit~r service to the annexation area should a request be made by a
property owner. Electric utility service v~ill be made available on the
effective date of the annexation on the same basis and at the same level as
slrill~ar fac~11t1~s are nla.lritalned throughout C1t~.
~T~R E~VICE
Other services that may be provided by the pity, such as Ynunicipal and
general adminxs~ration will be made available on the effective date of the
annexation. Tl~e pity shall provide a level of services, infrastructure, and
infrastructure maintenance that is can~parable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the
pity with topography, land use, and population density similar to thane
reasonably contemplated or projected in the area.
VI. A~~T~.~ P~~VE~VIENT PRO~~.A1V~ ~~IP~
No iaew construction of additional mater, surer, street, and drainage facilities
is canteniplated ~rithin the annexed area as a result of this annexation. No
construction of public improvements is contemplated a a result of this
annexation that quid begin v~ithin tvvo and a half ~2 11~} gears aver the
i
effective date of tie annexation. The City shall consider construction of
other public improvements as the needs dictate on the same basis as such
public improvements are considered throughout the City for areas having
similar characteristics of tapography,land use, and population density.
VII, ITNI~URM LEVEL UE E~VZE MAY NUT BE RE SIRED
Nothing in this plan sh11 require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII, TERM This seise plan shall be valid far a term of ten { 10} years. Rene~ral of the
service plan sha11 be at the discretion of City Council.
I ~MEN~]MENT
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed canditi~ans or subsequent occurrences pursuant to
Texas focal overn~.ent Code, section 4~.~ Vernon upp. 200}.
i
A~NDA XNF~RIV~ATI~N ~I~~T
AGENDA DATE; May 2~~5
DEPARTIVIENT: Legal Department
IDIA1V~: ~d Snyder, qty Attorney
~BJT: AN ~~DINANE APPR~~~N THE APP~~NTENT AND EMPLOYMENT
~F AN INTERIlVI QTY ATTORNEY; AND PI~~VH)~N A.N EEFETI~E DATE.
BA~I~~I~~JI~D: pity Attorney, Ed Snyder, hay announced his intention to retire effective
June 30, 2~~8. This Ordnance provides far the appointment and empiay~nent of an Interim Olt
Attorney to he effective June ~a~.
~PTI~~; Approve or deny the ard~nance.
PAIR A~'TINIR~IE: None
FIA~L INF~RMATIU: There shourd be no fiscal impact,
Iespectf~ily su rt ed,
Ed Snyder
tty Attorney
5:''~.~ur Doeumepts'~4lisceilancpus108~genda infQrmatian sheet-l~ilcrim CA.dgc
i
S:'~~~~r Dacumcaitsl0r~inance~48lAppainuncnl of Interim City AUDrncy,~oc
~11V ~1V L.l~ 1V
AN ~~DINANC~ APP~~~IN T~I~ APP~ZNTP~NT AND E PL~YII~~NT AN
INT~RIIVI CITY ATT~I~EY; AND PI~~IDIN AN ~~`FECTIVE DATA.
H~REA, Ed Snyder, City Attorney, has announced hx intention to retire as of June
~~aS; and
'~IP~R~A, the City Council desires to appoint and employ .
as an Inter~~n City Attorney to tale effect on June 3~, ~~~5; and
~I~REA, the City Council finds that this Ordinance is in the public lnterest~ N~ > >
TI~ERE~`O~E;
THP~ OI~NCI~ DF TfI~ CITY DENTIN IiER.E~Y OIAIN:
ECTIQN I. The recitals and findings contained in the preamble of this Ordinance are incarparated into the body of this Drd~nance,
ECTI~N 2. Effective June ~a08, is hereb a ointed
Interim Cit At~orne y Pp
y y of the City of Denton and v~ill serve at the pleasure of the City Council until ~ pe~rnaner~t Crty Atton~ey 1s appc~nted.
SECTION This Ordinance shall become effective immediatel u on its assn e and
Y P p ~ ppra~val.
PASSED AND APP~~E]~ this the day of
PERKY I~. ~VIcNEII1L,14~IAY'~~.
ATTEST;
JENNIPE~ ALTER, CITY ECR~TAI~Y
BY';
APPROVED A TO L L ~`OR1VI;
ED~UIN IVI. ANY ITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2008
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Historic Landmark Commission -This is Darlene Mullenweg's position. This is a nomination for
Mayor McNeill.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Boards & CommlA~enda Info Sheet for Vacancies 05.06.08.docx
v
Handout to City Council 05/06/08
Item 30
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
May 5, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, May 5, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Dick Smith and Randy Robinson, both excused
17
18 ITEMS FOR INDIVIDUAL CONSIDERATION:
19
20 6) Consider approval of a resolution with the North Central Texas Council of Governments for
21 a Regional Solid Waste Program - Local Implementation Project; delegating and authorizing
22 George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other
23 matters that are related to this project application, pledging that if funding for this project is
24 received, the City of Denton, Texas will comply with all project requirements of the North
25 Central Texas Council of Governments, the Texas Commission on Environmental Quality,
26 and the State of Texas, and providing for an effective date.
27
28 Howard Martin, ACM, called on Shirlene Sitton, Recycling Manager, to present. Sitton stated
29 this is an application for a grant through the North Central Texas Council of Governments. The
30 grant will be for a small trash truck, a Haul All, for the Parks Department, recycling containers,
31 and money for education to support recycling at special events. The grant does not require any
32 matching funds, but is a reimbursement grant.
34 Board Member Bill Cheek moved to approve with a second from Board Member John
35 Baines. The motion was approved by a 5-0 vote.
36
37 The meeting was adjourned at 12:08 p.m.
38
a, -1
ity
of)
7!J E. \.:f rl S~iia i<,~ Sa.eet L`en!on. cxas 1 (94100 349-`307 rA X (940) 349-•9.55 6
G- THE CITY MIANAGER
MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: George C. Campbell, City Manager
DATE: April 17, 2008
SUBJECT: David Smith Citizen Report at April 15 City Council Meeting
At the City Council Meeting of April 15`h, David Smith made a citizen's report regarding
freeway traffic flow on I-35E. During his presentation, Mr. Smith made reference to some
materials that he thought the Council would have seen and reviewed. The Council did not have
copies of the materials. This information had been presented to two staff members several weeks
ago without any request that it be sent to Council. We apologize that our miscommunication
with Mr. Smith may have delayed delivery of this material to the Council.
A complete copy of the material referenced by Mr. Smith is attached. Please let me know if we
can be of further assistance.
Attachment
cc: Betty Williams, Executive Administrator
"°I'ledic,ited to Otiality 5ein,ice"
IIIwN-'.tits, fdentor,.;:om
' (4%16/2008) Betty Williams -Citizen agenda item for mtg 4/1/08 _ 4 Page 1
From: David Smith <davidadriansmith@hotmail.com>
To: <mark.nelson@cityofdenton.com>, <betty.williams@cityofdenton.com>
Date: 3/17/2008 1:54 PM
Subject: Citizen agenda item for CC mtg 4/1/08
Attachments: 135E Denton Jeff Neal File 111407.ppt; 135E Denton SH 77 and Loop 288.ppt;
135E Dallas Webb Chapel Ext and Regal Row.ppt; 135E at PGB Turnpike South e
dit.ppt; Traffic Links.doc
Mark,
My name is David Smith and I reside in Denton. I have been in discussions with NCTCOG and TxDOT
regarding an innovative freeway traffic flow plan of my design and I will be making an initial presentation of
my activities to Denton City Council seeking assistance with implementation of the same. I am sending
you information because if I understand correctly, your office has been in contact with COG regarding this
plan already, and you undoubtedly will know about if after my presentation if you do not already.
My efforts to see this plan implemented thus far have been met by red tape at every level. My next step is
to begin engaging individual elected officials in either seeking to cut through red tape and achieve
implementation, or, conversely, show the citizenry that their elected officials are impotent to impacting real
change in an area that I have identified to be low-cost and easy to achieve a significant reduction in
freeway traffic congestion.
I have attached files and will be forwarding an email from COG's Jeff Neal which gives very good analysis
of my proposal. My plan suggests closing selected on and off ramps and re-routing traffic in such a way
as to remove traffic from the freeway prior to introducing new traffic to the freeway. The major problem in
each and every case at present where there is congestion involves traffic being introduced to the freeway
prior to traffic being removed. COG knows this is the problem, and Jeffs email shows that I am
addressing real problems and have very good solutions to the same.
My proposal is low-cost, easy to implement, highly effective, and widely applicable. Being a Federal
Freeway, it will cost Denton nothing or next to it to achieve this implementation, but the City will be the
direct beneficiary of increased traffic flow and reduced congestion, so it is the best case scenario for the
City. Now all we need is for staff and Council to apply pressure to COG to seek immediate
implementation, which is why I will be appearing before the Council on April 1.
I would be happy to make myself available to you to answer any questions you may have and look forward
to working with you in the near future.
Sincerely,
David Smith
Cell # 940-595-1852
Attachments:
1.) Jeff Neal's final proposal for implementation in Denton, jointly designed with David Smith
2.) David Smith's original proposal for Denton
3.) David Smith's original proposal for Dallas, 1-35 E at Webb Chapel Extension
4.) David Smith's original proposal for 1-35 E between FM 3040 and 1-635.
5.) Links to traffic video on youTube, freeway conditions during rush hour
Jeff Neal's email forwarded separately
Climb to the top of the charts! Play the word scramble challenge with star power.
http://club.live.com/star shuffle.aspx?icid=starshuffle_wlmailtextlink jan
Pagel of 4
Betty Williams - FW: David Smith regarding proposed I-35E project
From: David Smith <davidadriansmith@hotmail.com>
To: "mark.nelson@cityofdenton.com" <mark.nelson@cityofdenton.com>,
"betty.williams@cityofdenton.com" < betty.wi Ilia ms@cityofdenton.com >
Date: 3/17/2008 2:00 PM
Subject: FW: David Smith regarding proposed I-35E project
Mark,
Below, please find Jeff Neal's analysis of my proposals for Denton, C/FB/Lewisville and Dallas. My proposal is
specific to I-35 E, but the problems that it addresses are endemic to the entire freeway system. And where my
proposal is only partial as it pertains to I-35 E between Denton and Dallas, the entire freeway including the
stretch between 190 and 121 could see significantly reduced traffic congestion were my plan implemented. And
since it involves very little new construction, it can be rolled out almost overnight. And any expense associated
with its implementation is negligible compared alongside its benefits.
Consider, for example, this fall when the State of Oklahoma comes through Denton on its way to Dallas for the
Texas-OU game. Or your typical evening rush hour when freeway conditions are abysmal. My plan relieves a
significant portion of that congestion on 1-35 E near Golden Triangle Mall where it is typically at a standstill.
Looking forward to your reply.
Sincerely,
-David Smith
Cell # 940-595-1852
Date: Sun, 9 Mar 2008 10:21:32 -0700
From: silvertrombone@yahoo.com
Subject: Fw: David Smith regarding proposed I-35E project
To: davidadriansmith@hotmail.com
Forwarded Message
From: Jeffrey Neal <JNeal@nctcog.org>
To: David Smith <silvertrombone@yahoo.com>
Sent: Thursday, August 23, 2007 9:58:51 AM
Subject: RE: David Smith regarding proposed I-35E project
David,
Good morning. I'm writing you back to thank you once again for your strong interests in the IH 35E
Corridor, and I greatly appreciate the time and effort you've spent in developing your PowerPoint
presentations. I'm continuing to study your suggestions, particularly for the section of IH 35E
between FM 3040 and IH 635, and I hope to schedule a meeting with you within the next couple of
weeks to discuss your proposals and determine next steps.. In the meantime, though, I'd like to
provide you some feedback regarding two of your proposals... the IH 35E section from FM 2181
(Teasley Lane) to Loop 288 South in Denton, and the section from Raceway Drive (Harry Hines
Boulevard/Webb Chapel Extension access) to Regal Row in north Dallas.
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In each of your proposals, you hit upon several extremely important points regarding congestion on
much of this region's older freeway facilities:
1. Most older freeway interchanges are built with a "diamond" ramp configuration. This means that
traffic from one cross-street is allowed to enter the freeway before traffic heading to the next cross-
street downstream is allowed to exit. These configurations force all of the major weaving onto the
freeways and the frontage roads become underutilized.
2. Interchanges with the "diamond" ramp configuration too often have ramps built too close to the
cross-street intersection. As a result, the signal queues force traffic to back up on the ramp or even
onto the freeway itself.
3. Freeway access to/from as many locations as possible seemed to be of greater importance on
older freeways than maximizing mobility for through movements. As a result, ramp locations are
spaced very close together, and there are many areas that don't have auxiliary lanes between
ramps. Therefore, traffic doesn't have sufficient distance for acceleration or deceleration in the
weaving areas, and the speed of traffic across all of the freeway lanes slows significantly.
4. Left-hand entrance ramps are extremely unsafe, especially if traffic is forced to merge into the left
lane.
Comments regarding the Denton proposal:
In Denton, the left-hand entrance ramp from US 77 is especially problematic... particularly since
within several hundred feet it's followed by a right-hand exit to Loop 288 that is far too close to the
intersection. I agree that the removal of those two ramps is highly justified from a safety standpoint.
I can think of three locations in the region where ramps were removed recently as a result of similar
concerns:
a. Westbound IH 635 entrance ramp from Forest Lane/Abrams Road in north Dallas
b. Eastbound IH 820 entrance ramp from Holiday Lane in North Richland Hills
c. Eastbound SH 183 entrance ramp from Brown Trail in Bedford
I noticed that you suggest having southbound IH 35E traffic use the exit ramp to Pennsylvania
Avenue for access to Loop 288. This is good because there would be more-than-sufficient storage
length for signal queuing at the Loop 288 intersection. However, I also noticed that your solution
diagram (diagram #2) removes the southbound entrance ramp from FM 2181 ( Teasley Lane
Since US 77 traffic heading to southbound IH 35E would have to be rerouted to FM 2181, 1 believe
the southbound entrance ramp should remain at its current location... as long as we can ensure that
a full auxiliary lane is built between the Flvl 2 lo I entrance rarnp and the Pennsylvania Avenue exit
ramp. The auxiliary lane would provide approximately 1,400 feet of acceleration distance as
opposed to the less than 500 feet offered today, and traffic from FM 2181 would not have to travel
through the Loop 288 signal (which is already overloaded) and enter the freeway nearly 2 miles
farther south near Mayhill/State School Road. I say this thinking that if TxDOT would spend the
money necessary to remove the US 77 left-hand entrance ramp and the Loop 288 exit ramp, the
comparatively little extra money needed to complete the auxiliary lane shouldn't be a huge
constraint. In fact, if the Denton section of IH 35E won't be reconstructed until between 2015 and
2025... according to the current schedule... I'd say it would be cost-effective for TxDOT to also
complete northbound auxiliary lanes between the Loop 288 entrance ramp and the US 77 exit ramp,
and between the US 77 entrance ramp and the FM 2181 exit ramp. I would consider this overall
package to be an excellent and efficient safety/enhancement project for IH 35E in Denton .
Comments regarding the North Dallas proposal:
Following the approval of the Environmental Assessment for IH 35E between Loop 12 and SH 183
back in 2004, there's been a big push to build an interchange at Spur 482 - Storey Lane as soon as
possible. In 2009, TxDOT is scheduled to let a project on IH 35E that will build the southbound
frontage road from Lombardy Drive to Spur 482 - Storey Lane, add a southbound exit ramp to
Northwest Highway, and relocate the southbound entrance ramp from Northwest Highway a little
farther to the south. Once the full interchange at Spur 482 - Storey Lane is complete, it would
file://CADocuments and SettingsWWILLIA\Local Settings\Temp\XPgrpwise\47DE7997... 4/17/2008
Page 3 of 4
provide a suitable alternative for Webb Chapel Extension traffic heading for southbound IH 35E via
Northwest Highway because only two traffic signals (Community Drive @ Northwest Highway and
Spur 482 - Storey Lane @ IH 35E) would need to be dealt with.
I mention the statements above as a result of your suggestion to remove the ramps to/from
Raceway Drive ...which is the current connection between IH 35E and Webb Chapel
Extension/Harry Hines Boulevard . Though I agree that the removal of the Raceway Drive ramps
would remove a very poor weaving section on IH 35E north of Regal Row, I'm not sure if having
Webb Chapel Extension traffic use Harry Hines Boulevard and Regal Row to get to/from IH 35E
would be an appropriate alternative. Traffic levels on those streets are already quite high, and
removing the ability for Webb Chapel Extension travelers to get to/from IH 35E would add a great
deal more traffic. However, once the interchange at Spur 482 - Storey Lane is complete, I think the
ramps to/from Raceway Drive could be removed at that point.
I'd be very interested to continue discussions with you regarding these and other locations that may
concern you. One common theme from your presentations seems to be that the removal or
consolidation of ramps will help improve the traffic flow on the freeway system, and I share that
same viewpoint. One corridor where that theme was carried out in a huge way was the
reconstruction of the US 75 North Central Expressway from IH 635 to downtown Dallas . But every
corridor is different, and as you know, we certainly don't have the funding to build every corridor like
US 75. 1 would like to see more people like you help us generate ideas that are innovative, cheap,
and easy-to-implement so that we can maximize the usefulness of our current infrastructure as long
as possible. So again, I greatly appreciate your interest and I hope to continue working more with
you in the future.
Please contact me if you have any questions or comments, and I hope to give you some more
feedback shortly on your IH 35E proposal between FM 3040 and IH 635. 1 also look forward to
hearing your return feedback on any of my comments above. Have a good day.
Thank you,
Jeff Neal
Jeffrey C. Neal
Principal Transportation Planner
North Central Texas Council of Governments
616 Six Flags Drive, Suite 200
Arlington, TX 76005
(817) 608-2345
(817) 640-3028 - Fax
From: David Smith [mailto:silvertrombone@yahoo.com]
Sent: Wednesday, August 01, 2007 10:18 PM
To: Dan Kessler; Tony.Kimmey@c-b.com; Lynn.Pipkin@c-b.com
Cc: Dan Lamers;')effrey Neal; Lara Rodriguez
Subject: David Smith regarding proposed I-35E project
All,
I apologize for my tardiness in replying to each of you. I have been in the process of wrapping up
one contract position, seeking another, and trying to find time to re-design a freeway in my spare
time! I jest, but you can imagine.
For everyone's information, I am copying the following:
At NCTCOG, Dan Lamers, Assistant Dir. of Transportation, Jeffrey Neal, and Lara Rodriguez.
At Carter-Burgess, Tony Kimmey, V.P., and Lynn Pipkin.
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Attached, please find MS Power Point files as promised. This is a work in process, so don't be
surprised if it is not the clearest presentation that you have ever seen. I consulted with a friend who
has made suggestions as to cleaning up the presentation, and I am certainly interested in your
feedback on format and presentation. Everybody seems generally satisfied with content and my
intent thusfar, so I won't alter course on those unless otherwise suggested.
I also have some video that I have shared with you in our meetings but that I have not yet loaded
onto youtube. I am lagging in my tech-savvyness, so please forgive my neglect in this area.
That is the meat of my presentation-power point visual presentation, and video of actual traffic
conditions on select sites on the freeway. Again, and in review, my intention is to persuade TXDOT
(through NCTCOG) to make alterations to 1-35E that will allow for the increased flow of traffic on this
freeway from Denton to Dallas , approximately.
I thank you all, once again, for your assistance thusfar and your willingness to humor me in my
pursuit. I look forward to speaking with any of you again, and have copied all parties to encourage
further dialogue between all whom I have met with.
Best regards, and I await your replies,
David Smith
Cell # 940-595-1852
attachments (MS Power Point files):
1-35E at SH 77 merge/split, Denton
1-35E at Webb Chapel Ext. entrance/exit, Dallas
1-35E between FM 3040 and 1-635 (including SH 190, PGBT), Carrollton and Lewisville, TX
Fussy? Opinionated? Impossible to please? Perfect. Join Yahoo!'s user panel and lay it on
us.
Never miss a thing. Make Yahoo your homepage.
Climb to the top of the charts! Play the word scramble challenge with star power. Play now!
file://CADocuments and Settings\BJWILLIA\Local Settings\Temp\XPgrpwise\47DE7997... 4/17/2008
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http://www.youtube.com/watch?v=ZOltlvhXWKM Dallas I-35 E at Regal Row
http://www.youtube.com/watch?v=FX8uU8LdKwo Denton I-35 E at SH 77